08/27/1997 (2)
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Minutes
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__. PUBLIC HEARINGS
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
August 27 I 1997
A. Case 43-97 (contd. 7/23/97) A. Withdrawn; complied prior.
The Kennel Klub Bar & Grill / Joseph Dettore
1400 Cleveland St.
(Occupational License) - Sexsmith
B. Case 47-97 B. Rescheduled to 9/25/97.
Valerie Valentine
1130 Turner Street
(Building) - Scott
C. Case 48-97 C. Withdrawn; complied prior.
Wieland Irle
1300 N. Ft. Harrison Ave.
(Land Development Code) - Niemiller
2. UNFINISHED BUSINESS
A. Case 25-97 . Affidavit of Non-Compliance A. Accepted; issued order imposing fine.
Ruben and Linda Umpierrez
1916 Overbrook Ave.
(Housing Code) - Rosa
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B. Case 40-97 . Affidavit of Compliance
Imperial Cove Condo Association, Inc.
19029 U.S. Hwy. 19 N.
(Land Development) - King
C. Case 34-97 - Affidavit of Compliance
Imperial Gardens Co. - c/o Frank Fini
2100 Nursery Rd., Unit A-9
(Building) - Scott
B. Accepted.
c. Accepted.
D. 1) Case 42..94 .. Affidavit of Compliance
Ed and Belinda Young
607 N Osceola Ave.
(Occupational License) - Sexsmith
2) Request to address Board ra
reduction of fine
D. 1) Accepted.
2) Denied request.
3. OTHER BOARD ACTION/DISCUSSION .. None.
4. APPROVAL OF MINUTES - 6/25/97 & 7/23/97 - Approved as submitted.
5. ADJOURNMENT.. 3:22 p.m.
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CBAG08/97
08/27/97
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
August 27, 1997
Present:
Louise C. Riley, Chair
Helen Kerwin, Member
Dennis Henegar, Member
David Allbritton, Member
Stephen D. Swanberg, Member
Lawrence Tieman, Member
Frank Huffman, Member
Leslie Dougall.Sides, Assistant City Attorney
Mark Connolly, Attorney for the Board
Mary K. Diana, Secretary for the Board
Brenda Moses, Board Reporter
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The meeting was called to order by Chair Riley at 3:00 p.m. in the
Commission Chambers at City Hall. 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 to the Circuit
Court of Pinellas County. Any such appeal must be filed within thirty (30) days of
the execution of the order to be appealed. She 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.
1. PUBLIC HEARINGS
A. Case 43.97 (Cont'd. 5/28/97)
The Kennel Klub Bar & Grill/Joseph Dettore
1400 Cleveland St.
(Occupational License) - Sexsmith
In a memo dated August 6, 1997, Inspector Barbara Sexsmith withdrew
Case 43.97 as the business has obtained an occupational license.
B. Case 47.97
Valerie Valentine
1130 Turner Street
(Building) - Scott
Assistant City Attorney Leslie Dougall-Sides indicated the City has not
obtained service for today's hearing for Case 47-97. She requested Case 47*97 be
rescheduled to the next meeting.
Concern was expressed in continuing cases due to certified mail not being
o claimed.
mcb0897
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08/27/97
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Discussion ensued regarding how the alleged violators are notified to obtain
proper service. Attorney Mark Connolly stated according to Florida Statues all
notices required shall be provided to the alleged violator by certified mail, return
receipt requested; by hand4delivery by the Sheriff or law enforcement officer, code
inspector, or other person designated by the local governing body; or by leaving the
notice at the alleged violator's usual place of residence with any person residing
therein who is above 1 5 years of age and informing that person of the contents of
the notice. In addition to one of those actions, notice may be served by publication
or by posting. Posting would require that a Code Enforcement Officer post for at
least 10 days in at least 2 locations, one of which shall be at the property upon
which the violation is alleged to exist, and the other which shall be at the primary
municipal government office. The Code Enforcement Officer would present an
Affidavit indicating proper notice was posted on the property, and at City Hall for 10
days before the hearing. It was felt due to the lack of citizens picking up and
signing their certified mail, it becomes necessary to further utilize the other means
of notification.
Discussion ensued regarding notifying the Inspectors if proper service is not
obtained within a week after the mail has been sent to the alleged violator so the
property may be posted.
Member Swanberg moved to continue Case 47-97 to the next meeting. The
motion was duly seconded and carried unanimously.
C.
Case 48-97
Wieland Irle
1300 N. Ft. Harrison Avenue
(Land Development Co"de) - Niemiller
In a memo dated August 1 2, 1997, Inspector Vickie Niemiller withdrew Case
48-97 as the property is now in compliance.
2. UNFINISHED BUSINESS
A. Case 25-97 - Affidavit of Non-Compliance
Ruben and Unda Umpierrez
1916 Overbrook Ave.
(Housing Code) - Rosa
Member Henegar moved to accept the Affidavit of Non-Compliance for Case
25-97 and issue the order imposing the fine. The motion was duly seconded and
carried unanimously.
mcb0897
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08/27/97
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B.
Case 40-97 - Affidavit of Compliance
Imperial Cove Condo Association, Inc.
19029 U. S. Hwy. 19 N.
(Land Development) - King
Member Henegar moved to accept the Affidavit of Compliance for Case 40-
97. The motion was duly seconded and carried unanimously.
C. Case 34-97 - Affidavit of Compliance
Imperial Gardens Co. - c/o Frank Fini
2100 Nursery Rd., Unit A-9
(Building) - Scott
Member Henegar moved to accept the Affidavit of Compliance for Case 34-
97. The motion was duly seconded and carried unanimously.
D. Case 42-94 - Affidavit of Compliance
Ed and Belinda Young
607 N. Osceola Ave.
(Occupational License) - Sexsmith
Member Henegar moved to accept the Affidavit of Compliance for Case 42-
94. The motion was duly seconded and carried unanimously.
Ms. Diana noted that Ed and Belinda Young have requested to address the
Board regarding a reduction of fine. The fine is approximately $28,000 for
nonrenewal of an occupational license since 1994. It was noted the Youngs have a
contract to sell their property and want to close on September 16, 1 997.
In response to questions, Ms. Diana noted there has been recent
correspondence with the Youngs regarding the fine and, in April of 1996, Ms.
Young received certified mail indicating the fine was at $13,800. She did not
attempt to obtain an occupational license at that time. Concern was expressed the
Youngs intentionally did nothing to comply with the Board's order until they were
ready to sell their property.
Member Henegar moved to deny a hearing regarding Case 42-94 for
reduction of fine. The motion was duly seconded and carried unanimously.
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3. OTHER BOARD ACTION/DISCUSSION - none.
4. APPROVAL OF MINUTES - June 25, 1997 and July 23, 1997
Member Tieman moved to approve the minutes for the meetings of June 25,
1997 and July 23, 1997 as submitted in writing to each member. The motion was
duly seconded and carried unanimously.
mcb0897
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08/27/97
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ADJOURNMENT
. The meeting adjourned at 3:25 p.m.
, Attest:
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j<J Chair
- \J Municipal Code Enfor~ement Board
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