01/12/1994 (2)
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MUNICIPAL CODe ENFORCEMENT BOARD
Meeting of January 12, 1994, 3:00 p.m.
Agenda
Action
PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the same time, set
the fee to be assessed in case of non.compliance.)
Case No. 74.93
C T Corp Syst I K-Mart Corp
2130 Gulf To Bay Blvd
(Land Development Code)
Continued from 8/11/93, 9/8/93,
10/13/93 & 11/10/93
Sign variance requested
Case No. 104.93
Gertrude S Nail, Trustee
Golden Dream: I Menna~Digiovanni
2950 Gulf To Bay Boulevard
(Land Development Code)
Continued from 10/27/93 & 11/10/93
Sign variance requested
Case No. 105.93
Laura Connolly & G. Nail ,
Gulf To Bay Motel I Menna-Digiovanni
2960 Gulf To Bay Boulevard
(Land Development Code)
Continued from 10/27/93 & 11/10/9.1
Sign variance requested
Case No. 01-94
Vioral Caba
1970 Rainbow Drive
(Public Nuisance)
Withdrawn - Complied Prior
Case No. 02-94
Speros & Joan Frangedis
437 S Gulfview Blvd
(Land Development Code)
Case No. 03~94
Arthur & Angeliky Alimonos
Poseidon Restaurant & Lounge
25822 N US 19
(Land Development Code - Signs)
Case No. 04-94
Robert J. Metz1 R.A.
Metco Real Estate & Insurance
1822 Drew Street
(Land Development Code ~ Signs)
Continued to the meeting of
March 23, 1994
Continued to the meeting of
March 23, 1994
Continued to the meeting of
March 23, 1994
Withdrawn
Ordered compliance by
January 17, 1994
Continued to the meeting of
January 26, 1994
Continued to the meeting of
February 9, 1994
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Aaenda
Actl9n
Case No. 05-94
Emil J Matz
1834 Drew Street
(Land Development Code - Signs)
Case No. 06-94
Carl Tilley, R.A.
cIa Carl Tilley, Inc
1891 Drew St
(Land Development Code - Signs)
Continued to the meeting of
February 9, 1994
Continued to the meeting of
January 26. 1994
UNFINISHED BUSINESS
OTHER BOARD ACTION / DISCUSSION
Case No. 36-92
Auto Clinic I J & M Corporation
c/o Jeffrey Walsh, President/R.A.
1239 Lincoln Avenue
(land Development Code)
Affidavit of Compliance
Case No. 43-92
Richard D. Fouts
1106 Grove Street
(Unsafe Building)
Address Board re Waiver of Fine
Case No. 71-93
Marquerite S. Flowers
111 Orangeview Avenue
(Land Development Code)
Affidavit of Compliance
Cases 113-93, 114-93 & 115-93
Rode. Inc., cIa John Ford
1 201 North Betty Lane
Occupational License & Land Development Code
Affidavit of Compliance
ELECTION OF CHAIR AND VICE-CHAIR
Accepted
Reduced fine from $115,750.00
to $236.00 with payment to be
made within 30 days.
Accepted
Accepted
Elected Steven Swanberg Chair;
Louise Riley Vice-Chair
Approved minutes of 8/11 &
8/25/93 as submitted.
Continued minutes of 10/27,
11/10 & 12/8/93 to 1/26/94.
4:37 p.m.
MINUTES
Meetings of August 11, August 25,
October 27, November 10 and
December 8, 1,993.
ADJOURN
CBAcIOh.94
01/l2/94
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MUNICIPAL CODE ENFORCEMENT BOARD
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January 1 2, 1 994
Members present:
D. Wayne Wyatt, Vice-Chair
Dennis Henegar
Louise C. Riley
E.J. Robinson
Peg Rogers
Stephen D. Swanberg
Absent:
Tamara Shannon (unexcused)
Also present:
Miles Lance, Assistant City Attorney
Andy Salzman, Attorney for the Board
Mary K. Diana, Secretary for the Board
Gwen J. Legters, Recording Secretary
In order to provide continuity for research, the items will be listed in agenda order
although not necessarily discussed in that order.
,:)
The meeting was called to order by the Vice-Chair at 3:00 p.m. in the Commission
Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party
may appeal a final administrative order of the Municipal Code Enforcement Board to the
Circuit Court of Pinellas County. Any such appeal must be filed within thirty {30l days of '
the execution of the order to be appealed. He noted that Florida Statute 286.0105
requires any party appealing a decision of this Board to have a record of the proceedings
to support such an appeal.
Case No. 74-93
C T Corp Syst I K-Mart Corp
2130 Gulf To Bay Blvd
(Land Development Code)
Continued from 8/11/93, 9/8/93,
10/13/93, 11/10/93 & 12/8/93
Sign variance requested
Case No. 104-93
Gertrude S Nail, Trustee
Golden Dream: I Menna-Digiovanni
2950 Gulf To Bay Boulevard
(Land Development Code)
Continued from 10/27/93, 11/10/93 & 12/8/93
Sign variance requested
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Case No. 1 05~93
Laura Connolly & G. Nail
Gulf To Bay Motel I Menna-Digiovanni
2960 Gulf To Bay Boulevard
(Land Development Code)
Continued from 10/27/93, 11/10/93 & 12/8/93
Sign variance requested
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It was indicated the sign variance requests for Cases 74-93, 104-93 and 105-93 are
scheduled to be heard by the City Commission on March 7, 1994. Board Attorney
Salzman noted cases that have not yet been heard may be set aside for longer than 30
days.
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Member Riley moved that Cases 74-93, 104-93 and 105-93 be continued to the meeting
of March 23, 1994. The motion was duly seconded and carried unanimously.
Case No. 01-94
Viorel Caba
1970 Rainbow Drive
(Public Nuisance)
Withdrawn - Complied Prior
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In a memo dated December 29, ,1993, Code Enforcement Inspector Janice King stated
the violation was corrected prior to the public hearing and she withdrew Case 01~94.
Case No. 02-94
Speros & Joan Frangedis
437 S Gulfview Blvd
(Land Development Code)
Mrs. Boutzoukas. agent of Speros and Joan Frangedis, admitted to the violation.
Mrs. Boutzoukas questioned what, if any, merchandise is allowed to be displayed outside
her business. It was suggested she contact the City's Central Permitting Department and
the Community Response Team regarding her outdoor display requirements. She also
expressed concern with merchandise being displayed outdoors at Publix supermarket and
asked if they are exempt from the regulations. It was indicated Publix is in a different
zone and, under certain circurstances, would be allowed to display merchandise outdoors.
Code Enforcement Inspector, Vicki Niemiller, stated she reinspected the property this
morning and the violation still exists. She submitted City Exhibit A, photographs of the
subject property, for the record.
In response to questions, Ms. Niemiller stated staff recommends compliance within 5
days and a fine of $150.00 per day if compliance is not obtained, or if the violation is
repeated. She stated the sign code is not being strictly enforced on Clearwater Beach due
to the amount of non-conforming signage. She clarified that this violation is recurring.
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In response to a question, Mrs. Boutzoukas stated the merchandise being displayed
outside is for sale inside the store.
Member Riley moved that, concerning Case 02-94, regarding violation of Section
40.004(2) of the Clearwater City Code on property located at 437 S Gulfview Blvd a/k/a
Lloyd White Skinner Sub, Lot 81. the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 121h day of
Januarv, 1994, and based on the evidence, the Municipal Code Enforcement Board enters
the following findings of fact, conclusions of law, and order.
The Findings of Fact are: After hearing testimony of Vicki Niemiller, Code Inspector, and
Mrs. Boutzoukas, agent representing Speros & Joan Frangedis and who admitted to the
violation, and viewing the evidence, exhibits submitted, City Exhibit A, photographs of
the subject property, it is evident there exists an activity or object that is not allowed as
a permitted or conditional use in the zone assigned to the subject property, specifically,
an outside display of merchandise exists at 437 S Gulfview Blvd, this condition was
corrected and recurred. It is further evident that the condition was not corrected prior to
this hearing.
The Conclusions of law are: Soeros & Joan Frangedis (agent. Mrs. Boutzoukas) are in
violation of Section 40.004(21 of the Code of the City of Clearwater.
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It is the Order of this Board that Speros & Joan Franqedis (8aent, Mrs. Boutzoukasl shall
comply with Section 40.004(2) of the Code of the City of Clearwater by Januarv 17.
1994. If Soeros & Joan Franqedis (aaant. Mrs. Boutzoukasl do not comply within the
time specified, the Board may order them to pay a fine of $150.00 per day for each day
the violation continues to exist past the compliance due date. If Soeros & Joan Frangedis
(agent, Mrs. Boutzoukas) do not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pine lias County, Florida,
and once recorded shall constitute a lien against any real or personal property owned by
the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real
property, the recording of a certified copy of this Order shall constitute notice to any
subsequent purchasers, successors in interest or assigns of the violation and the findings
;n this Order shall be binding upon any subsequent purchasers, successors in interest or
assigns of the real property where the violation exists. Upon complying, Soeros & Joan
Franqedis (agent. Mrs. Boutzoukas) shall notify Vicki Niemiller. the City Official who shall
inspect the property and notify the Board of compliance. Should the violation recur, the
Board has the authority to impose the fine at that time without a subsequent hearing.
Should a dispute arise concerning compliance, either party may request a further hearing
before the Board.
Any aggrieved party may petition the Board to reconsider or rehear any Board order
resulting from a Public Hearing. A Petition for Rehearing must be made in writing and
filed with the Board Secretary no later than thirty days after the execution of the order
and prior to the filing of any appeal. Upon receipt of the Petition, the Board will consider
whether or not to reconsider or rehear the case. The Board will not hear oral argument
or evidence in determining whether to grant the Petition to Reconsider or Rehear. The
motion was duly seconded and carried unanimously.
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Case No. 05w94
Emil J Matz
1 834 Drew Street
(Land Development C;:ode - Signs)
It was noted Robert J. Metl and Larry Brown were not sworn because they indicated they
would not be giving testimony.
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Case No. 03w94
Arthur & Angeliky Alimonos
Poseidon Restaurant & Lounge
25822 N US 19
(Land Development Code - Signs)
In a memo dated January 18, 1994, Inspection Specialist Geri Doherty requested Case
03-94 be continued to the meeting of January 26, 1994.
Member Rogers moved that Case 03-94, be continued to the meeting of January 26,
1994. The motion was duly seconded and carried unanimously.
Case No. 04w94
Robert J. Metl. R.A.
Meteo Real Estate & Insurance
1 822 Drew Street
(Land Development Code - Signs)
Mr. Brown objected to the use of the term "violator", indicating the term "alleged
violator" would be more appropriate. He also stated it is against Florida law to record
someone's conversation without their consent. He requested, for the record, that the
recorder be turned off. Board Attorney Salzman stated all public meetings are subject to
the Sunshine Law. which takes precedence.
In response to questions, Mr. Brown indicated he represents Metco Real Estate and
Insurance in Case 04-95. In addition to being the registered agent in Case 04-94, Mr.
Metl stated he is the guardian in Case 05~94.
Mr. Metz did not admit to the violations in either case.
Charles Zetterberg, Code Enforcement Inspector, gave the background of Case 04~94.
He stated a sign that appears to revolve exists at 1 822 Drew Street. Signage at this
location also exceeds the maximum area {64 square feet~ and allowable height (20 feet)
for freestanding signs in this zoning district. He stated this sign is 150.8 square feet in
area and is 31 feet tal/. Property ownership was verified through the County Property
Appraiser's office and the property owner was notified by both regular and certified mail.
The green certified mail receipt was returned: Notice of violation was sent July 16,
1993, with a compliance due date of August 18, 1993. City Exhibit A, photographs of
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~ the subject property taken at the time of the survey and City Exhibit B, photographs of
the subject property taken this morning were submitted for the record. Mr. Zetterberg
stated he reinsp'ected the property this morning and the violations remain.
Mr. Brown questioned Mr. Zetterberg's authority and Mr. Zetterberg responded he
inspects signs. Mr. Brown alleged that Mr. Zetterberg made a statement regarding the
upkeep and maintenance of the lawn on the Metco Real Estate and Insurance property.
Mr. Brown wanted to make it clear he would not be extorted by the Board or the City.
He raised a question concerning a flag issue.
Discussion ensued regarding the Board's policy relating to the order of proceedings. It
was explained the issue before the Board is to decide whether or not the sign violations
exist as cited. Attorney Salzman explained the normal process in questioning. Ho stated
there are established procedures to be followed.
Mr. Brown requested a postponement of his case in order to have his attorney present;
however, then decided to proceed.
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Mr. Metz questioned Mr. Zetterberg regarding the code section relating to rotating signs,
beacons, and so on. Mr. Zetterberg stated one portion of the sign in question is at an
angle and appears to have the capability of rotating; however, does not appear to have
moved for some time. The point was conceded that the sign does not rotate and this
violation was withdrawn. Mr. Zetterberg noted Section 44.57(15) continues to the end
of the sentence and includes verbiage that is not part of the violation, such as multiprism
signs, beacon lights, etc.
Mr. Brown expressed concern there have been conflicting statements regarding converting
signs to flags. He was reminded the issue at hand is whether or not a freestanding sign
on the subject property exceeds the square footage and allowable height. The flag was
not part of this case.
In response to questions, Mr. Zetterberg stated the date of the sign survey was June 9,
1993. He said the signs were measured from grade level with a measuring stick,
consistent with the method used by staff for measuring all signs. Discussion ensued
regarding whether or not these measuring techniques are accuracte.
Mr. Brown requested a continuance for investigation of staff. Attorney Lance responded
these were improper grounds for a continuance. Mr. Brown demanded a continuance,
indicating he wanted proper representation.
Lt. Kronschnabl recommended continuing both Cases 04-94 and 05-94.
Member Henegar moved that Cases 04-94 and 05~94 be continued to the meeting of
February 9, 1994. The motion was duty seconded and carried unanimously.
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Case No. 06~94
Carl Tilley, R.A.
clo Carl Tilley, Inc
1891 Drew St
(Land Development Code - Signs)
In a memo dated January 18, 1994, Inspection Specialist Geri Doherty requested Case
06-94 be continued to the meeting of January 26, 1994.
Member Rogers moved that Case 06-94 be continued to the meeting of January 26.
1994. The motion was duly seconded and carried unanimously.
UNFINISHED BUSINESS
OTHER BOARD ACTION J DISCUSSION
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Case No. 36-92
Auto Clinic / J & M Corporation
c/o Jeffrey Walsh, President/R.A.
1239 Lincoln Avenue
(Land Development Code)
Affidavit of Compliance
Member Swanberg moved, concerning Case 36-92, to accept the Affidavit of
Compliance. The motion was duly seconded and carried unanimously.
Case No. 43-92
Richard D. Fouts
1106 Grove Street
(Unsafe Building)
Address Board re Waiver of Fine ~ continued from 1 2/8/93
It was indicated this case was continued for calculation of the administrative costs
incurred in processing the case, which amount to $235.99.
Richard Fouts stated he owns the house at 1106 Strove Street. The Board Attorney read
into the record the December 8, 1993 minutes to give the Board background on the case.
The photographs of the property taken before and after Mr. Fouts brought the house into
compliance were reviewed.
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Discussion ensued regarding cases in the past for which fines were reduced and not paid.
It was suggested to place a 3D-day time limit on payment of the fine in this case. It was
felt Mr. Fouts has done an admirable job of bringing the property into compliance.
Member Riley mO'led, concerning Case 43-92, to reduce the fine from $115,750.00 to
$236.00 with payment to be made within 30 days. The motion was duly seconded and
carried unanimously.
Case No. 71-93
Marguerite S. Flowers
111 Orangeview Avenue
(Land Development Code)
Affidavit of Compliance
Cases 113~93. 114-93 & 115~93
Rode, Inc., c/o John Ford
1201 North Betty Lane
Occupational License & Land Development Code
Affidavit of Compliance
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Member Swanberg moved, concerning Cases 71-93, 113-93, 114-93 and 115~93, to
accept the Affidavits of Compliance. The motion was duly seconded and carried
unanimously.
A question was raised regarding what type of training and guidelines are provided to new
sign inspectors prior to their work in the fjeld. Charles Zetterberg stated he was
accompanied for about two weeks and trained in use of the basic measuring instruments
and understanding the sign code.
Concern was expressed with difficult situations occasionally encountered by inspectors
when dealing with the public. It was felt specific written instructions are needed to guide
staff regarding their conduct in the field. Lt. Kronschnabl stated any allegations made
today against staff will be fully investigated. He said Mr. Brown has indicated he will
probably file suit.
Lt. Kronschnabl requested direction in handling a disorderly individual during a future
public hearing. Consensus was to have a police officer escort the unruly individual from
the room.
ELECTION OF CHAIR AND VICE-CHAIR
Board Secretary Diana reported she recently received a letter from Member Wyatt
tendering his resignation from the Board. Mr. Wyatt stated he has enjoyed his tenure and
regrets having to resign. He was commended for his years of service and it was felt he
has done an excellent job.
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: -, Member Rogers moved to elect Member Swanberg as Chair and Member Riley as Vice-
\ ." ~ Chair. The motion was duly seconded and carried unanimously.
MINUTES
Meetings of August 11, August 25, October 27, November 10 and
December 8, 1993
Member Riley moved to approve the minutes of August 11 and August 25, 1993, in
accordance with copies submitted to each board member in writing, and to continue
consideration of the minutes of October 27, November 10 and December 8, 1993 to the
next meeting. The motion was duly seconded and carried unanimously.
ADJOURN
The meeting' was adjourned at 4:37 p.m.
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MUNICIPAL COD
FORCEM
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