01/22/1997 (2)
" ,\',
of I'
~
.
, .
, .
:", ;:~;:\',\" ~,;,<' ":, ,>,I;),'-;i:~;' ,.?,;(\,::~s.;j';i!i;';')!:,~\; >:" >"',',' , '
". '. . < ~~.. "J' ,1...)j.....;i~'...'f....~f1....:;..4", ~Hl""'I.'
.", ' .'f ~.' ',: ":!.. ~:...'.,.'~\:( .:~:,'/.~':~ .~. '~.'t. "~O'Jo'! c, I
'. . '
, '
" ,
'. . 1 C'
.MCEB
..
I
, ~J
. ,
, Municipal Code Enforcement Board', ' \
.\ '
, 'Minutes
Date
Ja.nu~ 2(i) /0,0 7
!
,
I,
1'31 ~.
...--~
" '
,1
. 1
, " I
f. '<
I;. , , . .'
" '
. '.L . . :
. ~; l
. "
:.. ,; :~: ,),',.}i:::;,;~;...:,:, ":' (; ':,',': ',' ,
~
1. PUBLIC HEARINGS
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
January 22, 1997
A. Case 49-96 (Contd. 12/11/96)
RKM Development Corp
1880 Belcher Road N. (Walgreen's)
(Environmental)
A. Withdrawn, complied prior.
B. Case 50-96 (Contd. 12/11/96)
Randy & Karen Klaub
1906 Radcliffe Dr. N.
(Standard Building Code)
B. Continued to 2/26197
C. Case 51-96 (Contd. 12/11/96)
Clearwater Jaycee Memorial
Foundation, c/o W. Phillips Esq.
2754 Sunset Point Road
(Environmental)
C. Ordered compliance within 30 days
\\ D. Case 01-97 Ordered compliance by 1/31/97
D.
Duane & Marian Jung re fire extinguishers; ordered
2140 Calumet St. compliance by 2/28/97 re sprinkler
(Life Safety) system.
.:)
, '
.... . E. Case 02-97 E. Withdrawn; complied prior.
Frank & Venie Brinson
1760 Drew Street
(Land Development Code)
F. Case 03-97 F. Continued to 2/26/97.
Angel L. Johns
629 Bay Esplanade
(Land Development Code)
G. Case 04-97 G. Issued order imposing fine for repeat
Florida Family Investors violation.
c/o Baxter & Rinard
19400 N. U.S. 19 Highway
, (Land Development Code)
H. Case 05-97
Ann S. Collins
1877 Springtime Ave.
(Standard Housing Code)
H. Withdrawn; complied prior.
::;
I. Case 06-97
Edward R. Mack
1465 Pierce St.
(Standard Housing Code)
I. Withdrawn: complied prior.
CBAG01/96
01/22/97
.......................;.~E'....."-.I:H;"'.It',1.lll~~~,J.)...,.....:.:.. '::;.10'.... 'r < t, . .'.,
. - ~.,().: .J,..n\..r.Ji,J.dI.;.'rJi....,~illr~~.:t.../;('~"~:qCrl~~iiliH4t~~i~~d~.:;~~.:.:;:{.l.~:.;... ': r.':..'
: ',' ..... .,...,.. " . " '" ~,' :. " ~,.' . , '.. ,,... .' . " ,+' ",;,' . ' ". . ~ " ' ;' .' . . " ' , . '.' . " .' , . , .: l' , ' , .. . . . I.' .:. '..'. , . " ... :
, I
~
.
, ' ,
iAi;' ;i ',:. !\' ;;:),i '::("~~r::ti~t\)i~:i.i~f)'i;'}:;;'; :,;i;;h:.:
i' ~..
. c ~
..
J . . .
. . . I..
,. c ,
2. OTHER BOARD ACTION/DISCUSSION '2.
~~ A. Affidavit of Compliance A. Accepted.
Case 43.96
, Mido USA Inc.
1 590 gulf Boulevard
(Life Safety)
B. Affidavit of Non-Compliance B. Accepted; issued order imposing
Case 46.96 ,fine.
Barnett Bank of Pinellas County
1610 Missouri Ave
(Land Development Code)
C. Election of Chair and Vice~Chair C. Elected Louise Riley Chair; Helen
Kerwin Vice-Chair.
3. APPROVAL OF MINUTES - December 11, 1996 3. Approved as submitted.
4.' ADJOURNMENT 4. 3:50 p.m.
, '
,:)
" ,
;',
,0
CBAG01196
2
01/22/97
':,~..".",,: ..',':~ ',~~, ',': -::' :.:,'.-:\' .";',,' ',' ":"" <, ".,.,"':.':',.:"'.""', :'..,..:..':.,,', ,'..:,:~., "\"':',~,''',',,'''\I,<:'' ,;'. I',:," '::' ,
. '_'" '\', ','.1.","\" .., ',' '-,:.., I ',1- I" ,,' " " ,', .
, " "', .'" . .. .. .' '. ,,' '" ,,-I' . " , " " -,
'-..~ '
" ''''-
, ' !
~
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
January 22, 1997
, .. 'cj,~:: :; <;: :.~
'.. <. :
~ ~.',' I .... t:: :.. <
t , ' .
.", (. . lC
, , '
, ,
, "
. .: ," "'. ,
, '
Present:
Stephen D. Swanberg, Chair
Louise C. Riley, Vice-Chair
Peg Rogers, Member
Dennis Henegar, Member
Helen Kerwin, Member
Frank Huffman, Member
Leslie Dougall-Sides, Assistant City Attorney
Andy Salzman, Attorney for the Board
M. Kathryn Diana, Secretary for the Board
Brenda Moses, Board Reporter
Absent:
Lawrence Tieman, Member
CJ
The meeting was called to order by Chair Swanberg at 3:00 p.m. in Ballroom
A, third floor of the Harborview Center, Clearwater. In order to provide continuity
for research, the items will be listed in agenda order although not necessarily
discussed in that order. The Chair outlined the procedures and advised any
aggrieved party may appeal a final administrative order of the Municipal Code
Enforcement Board tot he Circuit Court of Pinellas County. Any such appeal must
be filed within thirty (30) days of the execution of the order to be appealed. He
noted that Florida Statue 286.0105 requires any party appealing a decision of this
Board to have a record of the proceedings to support such an appeal.
1. PUBLIC HEARINGS
A. Case 49-96 (Contd. 12/11/96)
RKM Development Corp.
1880 Belcher Road N. (Walgreen's)
(Environmental)
In a memo dated January 22, 1 997, Environmental Inspector Rick Albee
withdrew Case 49-96 as the property is now in compliance.
B. Case 50-96 (Contd. 12/11/96)
Randy & Karen Klaub
1906 Radcliffe Dr. N.
(Standard Building Code)
Assistant City Attorney Dougall-Sides requested a continuance of
Case 50-96 to obtain proper service.
o
Member Riley moved to continue Case 50-96 to the meeting of February 26,
1997. The motion was duly seconded and carried unanimously.
mCB01.97
1
01/22/97
"
, "
. . :. . t..: '!.
I~
I
C.
Case 51-96 (Continued 12/11/96)
Clearwater Jaycee Memorial
Foundation, clo W. Phillips Esq.
2754 Sunset Point Road
(Environmental)
Ms. Diana read the Affidavit of Violation.
In response to a question, Mr. Wayne Phillips, President of the Clearwater
Jaycee Memorial Foundation stated one map of the City shows the area as a
retention basin, not a pond. He noted the property is extremely remote laying 400
yards off Sunset Point Road behind the Elks Club. He said when he checked with
the Elks Club, the property immediately next to the area is environmentally
sensitive. He said he is unclear as to the extent of the maintenance. He said the
area is'sloped and has good drainage, and is not sure why it must be mowed. He
stated he would be happy to maintain the property, but is having difficulty finding
someone to do it. Mr. Phillips said he took photographs but was unable to have
them developed before this hearing. Inspector Albee stated the area was designed
to be a dry retention pond, but cannot be seen because of the overgrowth.
Ms. Dougall-Sides presented City Exhibits 1 through 6. Exhibit 6 is the
original site plan for the property which shows the retention pond as well as a
November, 1996 photograph of the retention pond.
:j
,...",
An inspection of this pond for functionality could not be performed due to
the enormous overgrowth. A question was asked whether the City could mow this
property. Inspector Albee stated the City has the equipment, however, was unsure
if this was possible. He noted between the retention pond and the roadway there is
grass parking. The overgrowth has taken over the parking area, eliminating some of
the available parking spaces. It is not known how long this condition has existed
prior to November of 1996. The landscaping had been inspected in 1993 or 1994,
however, Inspector Albee recalled this overgrowth existed at that time. In response
to a question, Inspector Albee stated there are some "bush hog" companies that
can mow the property for the owner. He recommended extending the compliance
date for 30 days and imposing a $50 per day fine if compliance is not met.
Inspector Albee noted the City cannot give specific contractor referrals, but can
generate a list of contractors. In response to a question, Inspector Albee remarked
there is normally a 3 foot high berm that outlines the pond.
Member Kerwin moved that concerning Case 51-96, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 22,
1 997, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
0"'1
','<."
After hearing testimony of Wayne Phillips, representing Respondent, and
Richard Albee, Environmental Inspector, and viewing the evidence, City Exhibits 1-6
(Ex. 1 - Environmental Management letter dated 1/10/96; Ex. 2- notice of non-
mCB01.97
2
01/22/97
ORDER
,--,
compliance; Ex. 3 - notice of violation; Ex. 4 - affidavit of violation and request for
hearing; Ex. 5 - notice of hearing; and Ex. 6 - site plan), it is evident a violation
exists in that a retention pond has not been maintained. This pond requires removal
of overgrowth and periodic maintenance/mowing.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section
36.007(1 )Ie) of the City of Clearwater in that the Respondent has failed to remedy
the cite~ violation.
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 30 days from the date of this order. The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected within 30 days of the date of this order, the
Respondent may be ordered to pay a fine in the amount of fifty and no/100 dollars
($50.00) per day for each day the violation continues beyond the compliance date.
~~
~. ~ 1-:1...
If Respondent does not comply within the time specified, a certified copy of
the Order imposing the fine may be recorded in the Public Records of Pinellas
'County, Florida, and once recorded shall constitute a lien against any real or
personal property owned by the Respondent pursuant to Chapter 162 of the 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 in this Order shall be binding
upon any subsequent purchasers, successors in interest or assigns of the real
property where the violation exists.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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.
o
Member Henegar felt that 30 days was not enough time to comply and
recommended the motion be amended to 60 days for compliance and a $25 per day
mCB01.97
3
01/22/97
" . , " :.. ,.:. ,~ " ..) '. . 'I' " ,.... . , .' '. '. ': .. .: \'. '.. . '\:' .,-," '.I~: . I';'oj .~ ~ '\. ~ '. I ,:.... :. .,',' '.;.," ',' :' . ! ." , . :' . :.: :, .1: ,.,'" '::," : '. :. ':, .~ '. . >, ;.' ','.. ,':'... ,t, . " .~, :, :~, .1,., ,':,....: 'I . '\ ': . ;.....'., r". .' I ,I'. .,.....: 1 I . ..:.:.;.:,:.
'"
" '
~
fine for each day the violation continues to exist. The maker and seconder of the
motion did not concur.
Upon the vote being taken on the motion on the floor, Members Riley,
Rogers, Kerwin, and Huffman voted "aye" and Member Henegar voted "nay". The
motion carried.
D. Case 01-97
Duane & Marian Jung
2140 Calumet St.
(Life Safety Code)
Ms. Diana read the Affidavit of Violation. The date of the official notice of
violation was July 17, 1 996. During a routine inspection a violation notice was
issued by City Life Hazard Inspector Joseph Colbert to have the fire extinguishers
and fire sprinkler system inspected and tagged.
()
In response to a question, Mr. Jung said he agrees with the violation as read.
Mr. Jung explained he has been having financial difficulty with his business. He
asked the Board to give him until the end of January, 1997, to have the fire
extinguishers inspected and tagged and until the end of February, 1997, to have the
sprinkler system inspected and tagged. In response to a question, Mr. Jung said he
;s the owner and sole occupant of the building. A question was asked regarding
what type of business Mr. Jung was operating. He responded a cabinet millworks.
Concern was expressed these materials could burn quickly.
Assistant City Attorney Leslie Dougall-Sides introduced Exhibits 1-3,
Affidavit of Hearing, an excerpt from the Department of Insurance requiring the
inspection, and the Notice of Violation. Inspector Colbert agreed to Mr. Jung's
timeframe to come into compliance.
Member Rogers moved that concerning Case 01-97, the Municipal Code
Enforcement board has heard testimony at its regular meeting held on January 22,
1997, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Duane Jung and Joe Colbert, Life Hazard Safety
Inspector, and viewing the evidence, City Exhibits 1-3 (Ex. 1 - maintenance
requirements; Ex. 2 . notice of violation; and Ex. 3 - notice of hearing;) it is evident
a violation exists in that fire extinguishers and fire sprinkler system have not been
inspected and tagged.
CONCLUSIONS OF LAW
o
The Respondents by reason of the foregoing are in violation of Florida
Statutes 633, Section 17.32 of the Code of Ordinances, 4A-21.237, NFPA 10 4-
mCB01.97
4
01/22/97
ORDER
v
. l:
< >, ,<
, ' '
t~
4.1, NFPA 25, and 4A ~46.041 In that the Respondents have failed to remedy the
cited violation.
It is the Order of the Board that the ~espondents are to correct the aforesaid
violation by having the fire extinguishers inspected and tagged by January 31, 1997
and the sprinkler system inspected and tagged by February 28, 1997. The burden
shall rest upon the Respondents to request a reinspection by the Code Inspector to
verify compliance with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected within the time specified, the Respondents
may be ordered to pay a fine in the amount of fifty and no/100 dollars ($50.00) per
day for each day the violation continues beyond the dates specified.
If Respondents do not comply within the time specified, a certified copy of
the Order imposing the fine may be recorded in the Public Records of Pinellas
County, Florida, and once recorded shall constitute a lien against any real or
personal property owned by the Respondents pursuant to Chapter 1 62 of the 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 in this Order shall be binding
upon any subsequent purchasers, successors in interest or assigns of the real
property where the violation exists.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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.
E. Case 02-97
Frank & Vanie Brinson
1760 Drew Street
(Land Development Code)
In a memo dated January 21, 1 997, Inspector Rich DeBord withdrew Case
02-97 as the property is now in compllance.
o
mCB01.97
5
01/22/97
>. .....,'+..........I~...,,, U.1.1'~ . :f~~~:....\i. ~.>,.;....~~l;.;1.
"
, .~~
". ,.."
r')
F.
Case 03~97
Angel L. Johns
629 Bay Esplanade
(Land Development Code)
In a memo dated January 13, 1997, Lt. Kronschnabl requested Case 03-97
be continued as the Inspector handling this case is unable to attend today's
meeting.
Member Rogers moved to continue Case 03.97 to the February 26, 1 997
hearing. The motion was duly seconded and carried unanimously.
G. Case 04-97
Florida Family Investors
cia Baxter & Rinard
19400 N. U. S. Highway 19
(Land Development Code)
Ms. Diana read the repeat Affidavit of Violation.
J)
I,~
, Mr. Michael Clark, Used Car Manager for Kenyon Dodge represented Florida
Family Investors. In response to a question, Mr. Clark stated he agreed with the
violation as read. It was noted this is a repeat violation. Ms. Dougall-Sides noted
there is a history of repeat violations on this property. Inspector King noted this
violation was addressed by this Board on February 28, 1 996 at which time the
violator was fined $100 per day for each day the violation continued to exist. On
November 1 2, 1 996, a vehicle was found to be parked in the driveway and was
moved immediately. On November 21, 1996, a vehicle was parked in the grass, an
illegal notice was placed on the windshield of the vehicle. Later that afternoon the
notice had been removed from the windshield of that same vehicle. Other vehicles
were also parked on the grass and photographs were taken of the vehicles that had
not been removed.
Ms. Dougall-Sides presented Exhibits 1-7.
In response to a question, Inspector King recommended a $100 per day fine
for each day of the violation be imposed. It was noted this is a reoccurring situation
where different vehicles continue to park illegally on the property. Inspector King
noted on November 12, 1 996, the vehicle was parked on the right-of-way, but the
vehicles on November 21, 1997 and November 23, 1997 were illegally parked on
the grass. Attorney Salzman noted 2 days of repeat violation at $100 per day.
o
Mr. Clark noted Kenyon Dodge is a large dealership which has been in
business for 68 years. He stated the owner is concerned about the violations and
wishes to comply with the City Code. He said it is difficult to keep customers and
200 employees from illegally parking, and Mr. Kenyon apologizes for these
violations. Mr. Clark said Kenyon Dodge takes care in landscaping and maintaining
the property and hopes this violation will not reoccur.
mCB01.97
6
01/22/97
ORDER
"
. . , . ~ . ~ n ,
,~
Member Riley moved that concerning Case 04.97, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 22,
1997, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Michael Clark, representing the Respondent, and
Janice King, Code Inspector, and viewing the evidence, City Exhibits 1-7 (Ex. 1 -
code section; Ex. 2 - notice of repeat violation; and Ex. 3 - Board order dated
2/28/96 ordering continued compliance;) Ex. 4 - chronology; Ex. 5 - affidavit of
repeat violation and request for hearing; Ex. 6 - notice of hearing: and Ex. 7 -
11/23/96 photos of vehicles parked on grass) it is evident a violation existed in that
vehicles were parked on a grass area which is not allowed by code.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing was in violation of Section
42.34(5)(a) in that the Respondent was found to have violated the same provision
by the Board on February 28, 1996, and that Florida Family Investors, Inc. has
committed a repeat violation.
,:)
It is the Order of the Board that the Respondent shall continue to comply
with Section 42.34(5)(a) of the Code of the City of Clearwater. It is the Order of
this Board that the Respondent sha!1 pay a fine of two hundred and no/100 dollars
($ 200.00) for two days of repeat violation ($100.00 per day for November 21,
1996 and November 23, 1996).
A certified copy of this Order shall be recorded in the public records of
Pinellas County, Florida, and once recorded shall constitute a lien against any real or
personal property owned by the Respondent pursuant to Chapter 1 62 of the 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
I interest or assigns of the violation and the findings in this Order shall be binding
upon any subsequent purchasers, successors in interest or assigns of the real
property where the violation exists.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
o
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.
mCB01.97
7
01/22/97
" '
.~ . .
. <::' ,. . . .; / 'f ~:: :~~ ~.: :1'0
. ~. .
"
.. I
o
The Board will not hear oral argument or evidence in determining whether to grant
the petition to reconsider or rehear.
H. Case 05~97
Ann S. Collins
1877 Springtime Ave.
(Standard Housing Code)
In a memo dated January 16, 1997, Housing Inspector Rick Rosa withdrew
Case 05-97 as the property is now in compliance.
I. Case 06-97
Edward R. Mack
1465 Pierce St.
(Standard Housing Code)
In a memo dated January 16, 1997, Housing Inspector Rick Rosa withdrew
Case 06-97 as the property is now in compliance.
2. OTHER BOARD ACTION/DISCUSSION
A.
Affidavit of Compliance
Case 43-96
Mido USA Inc.
1590 Gulf Boulevard
(Life Safety)
Ilj'i~
"1~rx)iI
Member Rogers moved to accept the Affidavit of Compliance for Case 43-
96. The motion was duly seconded and carried unanimously.
B. Affidavit of Non-Compliance
Case 46-96
Barnett Bank of Pinellas County
1610 Missouri Avenue
(Land Development Code)
Member Rogers moved to accept the Affidavit of Non-Compliance and issue
the order imposing the fine for Case 46-96. The motion was duly seconded and
carried unanimously.
C. Election of Chair and Vice-Chair
Discussion ensued regarding the election of a new Chair and Vice-Chair for
the Municipal Code Enforcement Board.
. Member Rogers moved to nominate Louise Riley as Chair and Helen Kerwin
as Vice-Chair of the Municipal Code Enforcement Board. The motion was duly
o seconded and carried unanimously.
mCB01.97
8
01/22/97
, '> ~ .
. ,
c 1.1 ,.
"
, .' < 1- '. , .' '
},G"/: ~:,~;';~;;',\':~' ;':\~fi;~:;\;~~.:J;~~:~D//~~l{.~:~~~~~~~;:':;;=~';:". :~:,:~,:i :,~:::,<,: ,:";),,,:;:::~,;::: ;:'" "'.1,,, ,',
, '
, , : c~
()
,.
3.
APPROVAL OF MINUTES - DECEMBER 11, 1996
,Member Riley moved to approve the minutes of December 11, 1996 as
submitted In writing to each member. The motion was duly seconded and carried
unanimously.
4. ADJOURNMENT
The meeting adjourned at 3:55 p.m.
Attest:
x:: ~
LW....tA~_ (P J
Chair
Municipal Code Enforcemen oard
,
.~
'/n. ~
Secret y to e Board
I:) ,
'\
0<<,
. '
mCB01.97
9
01/22/97