02/24/1999 (2)
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
February 24, 1999 - 3:00 p.m.
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:.... PUBLIC HEARINGS
A. Case 03-99
(Cant. from 1/27/99)
Markos K. & Sevasti Lagos
2070 Range Road
(LOC) - Scott
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B. Case 06-99
(Cant. from 1/27/99)
Clearwater Prop. Group clo Kmart 3476
2130 Gulf to Bay Blvd.
(LDC) - Kurleman
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C. Case 07-99
(Cant. from 1/27/9,9)
Edward C. Ellis & Richard J. Slater
527 E Street
(Housing) - Hinson
Request to Continue
Mr. Ellis is out of town, returns 3/1199
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D. Case 08-99
Michael & Patricia Vlamakis
201 0 Drew Street
(LDC) - DeBord
Request to Continue
See memo from inspector
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E. Case 09-99
Kristen & Ryan Netschi
3201 Masters Drive
(Tree) - Kurleman
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F. Case 10-99
Elias Anastasopoulos & Gregory Politis
670 S. Gulfview Blvd., Waterview Centre,
(LOC) - Kurleman
Inspector Request to Continue
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2. UNFINISHED BUSINESS
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A. Case 32-98 - Affidavit of Compliance
Floyd D. & Terry S. Maddox
1507 Ridge Avenue
(Building) - Scott
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A. Withdrawn, compiled prior.
B. Comply within 45 days 14/10/99)
exterior landscaping buffer; comply
within 90 days (5/25/99) interior
Landscaping or $250/day.
C. Continued to 3/24/99.
D. Continued to 3/24/99.
E, Comply by 3/2199 or ,$250/day &
City may remove tree.
F. Continued to 3/24/99.
A. Accepted.
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s.' Case 36.98 . Aff,ldavit of Compliance
:- Ofer'Zuks' . .
2009 Cleveland Street' '
(Building) . Scott '
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3~ OTHER BOARD ACTION/DISCUSSION
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A. Request for Reduction afFIne
Case 04.92 '
, David Gangelhoff d/bia Gulf Marine
405 N. Ft. Harrison Ave.
(Business) - Doherty
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'A. Reduced to $4,000 If paid within
'30 days (3/26/99). '. "
APPROVAL OF MINU,TES - 1/27/99 - Approved ,a~ submitted.
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'ADJOUR"'MENT . 4:35 p.m.
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,MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
February 24, 1 999
Present:
Helen Kerwin
Lawrence Tieman
Frank Huffman
David Allbritton
Mary Rogero .
Sheila Cole,
Chair
Vice-Chair
Member
Member
Member
Member
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Absent:
Joyce Martin
Member'
Also Present:
Leslie Dougall-Sides,
Mark Connolly
Mary K. "Sue" Diana
Brenda Moses
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Rep'orter
The Chair called the meeting to order at 3:03 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
The Chair outlined the procedures and stated any aggrieved party may appeal
a final administrative order of the Municipal Code Enforcement Board to the Circuit
Court of Pin~lIas Co'unty within thirty (30) days of the execution of the order. '
Florida Statute 286.0105' requires any party appealing a decision of this Board to
have a record of the proceedings.
ITEM 1 - Public HearinQs
A. Case 03,:,99
(Cont. from 1/27/99)
Markos K. & Sevasti Lagos
2070 Range Road
(LDC) - Scott
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In a memo dated February 17, 1999, Inspector Bob Scott withdrew Case 03-
99 as the property is now in compliance.
B. Case 06-99
(Cant. from 1/27/99)
Clearwater Prop. Group c/o Kmart 3476
2130 Gulf to Bay Blvd.
(LDC) - Kurleman
Board Secretary Diana read the affidavit of violation and request for
hearing. She reported the return receipt for the notice of hearing sent by certified
, mail was received. The date of official notice of violation was August 3, 1998.
mcb0299
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02/24/99
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Iii response to questions from Assistant City Attorney Leslie Dougall-Sides,
Inspector Scott Kurleman stated the City's landscape inspection and reinspection
program ensures plant materials are maintained in a healthy, thriving, growing
condition while a site is being developed to maintain a neat and orderly appearance
from the street. Requirements for this size site include landscape buffers on all four
sides and hedges, trees and shrubs in interior spaces. The site plan for this property
was approved on April 22, 1992 as a part of Kmart's expansion.
The site was inspected as part of the City's reinspection program. Upon the
initial inspection made on April 22, 1998, 20 trees and 1,254 shrubs had been
removed, declined, or died. On August 3/ 1998, Mr. Kurleman said he spoke with
.Mr. Sherman, Senior Facility Manager for Kmart, who asked for an additional two
months to come into compliance. The request for extension was granted until
October 15, 1998. On August 24, 1998/ Mr. Kurleman said he met with Kmart's
landscape contractor. The contractor requested 30 days to complete the job.
Before the compliance date, Mr. Kurleman said he met with Mr. Sherman and Mr.
Stern, a landscape architect. On January 26, 1999, he received a set of landscape
,plans from Kmart. Mr. Kurleman stated the plans appeared to comply with code,
however, no work has been done to date. He stated he inspected the property four
days ago and the property remains in violation of code.
Ms. Dougall-Sides submitted City Exhibits 1 - 17, including Kmart landscape
plans dated April 23/ 1992, and photographs.
. Jan Stern, representative, said he was contacted by Kmart the first week of '
September, 1998. He met with Mr. Kurleman and Planner Mark Parry on site on
October 5/ 1998 to review code requirements. His firm was backlogged and
informed them he could not provide the City with a set of plans until January 1999.
He felt it was not practical to plant landscaping materials on the site without an
irrigation system. Three surveyors were contacted and no one responded until
January, 1999. He stated over 40 asphalt parking spaces will need to be removed
without machinery due to unknown ga~ and water lines. The project could take six
months to complete.
Discussion ensued regarding the length of time the property has been in
noncompliance. It was felt the request for an additional 6 months was
unreasonable. In response to a question, Mr. Stern said due to public health and
safety issues, he did not feel running a main line for irrigation purposes while the
store remains open would be wise or even possible.
Discussion ensued regarding Kmart/s attempts to go above and beyond
current landscaping requirements and addressing the interior and exterior
'landscaping requirements in stages.
Member Tieman moved that concerning Case 06-99, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on February 24,
199'9, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
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02/24/99
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ORDER
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FINDINGS OF FACT
After hearing testimony of Code Inspector A. Scott Kurleman and Jan Stern,
representing the Respondent, and viewing the evidence, City Exhibits 1-17 (Ex. 1 -
notices of non-Compliance; Ex. 2 - Memo to John Richter dated 417198; Ex. 3 -
letter to Kmart dated 4/21/98; Ex. 4 - urban forestry landscape re-Inspection dated
4/23/98; Ex. 5 - notice of non-compliance dated 4/27/98; Ex. 6 - photocopy of
returned certified mailing card signed by Wanda Meyer; Ex. 7 - notice of violation
dated 6/3198; Ex. 8 - notice of violation (date unknown); Ex. 9 - affidavit of service
, dated 7/22/98; Ex. 10 - notice of violation dated 8/17/98; Ex. 11 - cited code
sections; Ex. 12 - memos to inspector Kurleman; Ex. 13 - photocopy of letter to
Kmart from Dave ~eckham Lawn Sprinklers; Ex. 14 - affidavit of violation and
request for hearing; Ex. 15 -notice of hearing dated 1/6/99; Ex. 16 - landscape plan
dated 4/23/92 and Ex. 17 - photographs of the site)), it is evident the property is in
violation of the landscape ordinance and landscape plan submitted by I<mart and
approved by the City on 4/23/92.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 42.27, 5(hl,
6 (a) & (b), 7(a), and 8 (a) & (d) of the Code of the City of Clearwater, Florida, in
that the Respondent has failed to remedy the cited violations.
It is the Order of the Board that the Respondent is to bring the exterior
landscaping buffer into compliance within 45 days (April 10, 1999) and the interior
landscaping into compliance within 90 days 15/25/991. 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 violations are found, in subsequent proceedings by
this Board, not to have been corrected by the ordered compliance dates, the
, Respondent may be ordered to pay a fine in the amount of two hundred fifty and
no/100 dollars ($250.00) per day for each day the exterior landscaping buffer
violation' continues beyond May 25, 1999, andlor the interior landscaping violation
continues beyond April 10, 1999.
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.
Should the violations reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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02/24/99
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'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 ~nd flied 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 B.oard 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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C. Case 07~99
(Cont. from 1/27/99)
Edward C. Ellis & Richard J. Slater
527 E Street
(Housing) - Hinson
The Respondent was out of town until March 15t, and requested a
continuance.
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D. Case 08-99
Michael & Patricia Vlamakis
2010 Drew Street
(LOC) - DeBord
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In a memo dated February 24, 1999, Inspector Rick Debord requested a
continuance.
Member Tieman moved to continue Cases 07~99 and 08-99 to the March
meeting. The motion was duly seconded and carried unanimously.
E. Case 09-99
Kristen & Ryan Netschi
3201 Masters Drive
(Tree) - Kurleman
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Boar~ Secretary Diana read the affidavit of violation and request for hearing.
She reported the notice of hearing sent by certified mail was returned. The
Respondent was not in attendance and had no representation.
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In,response to questions from Ms. Dougall-Sides, Inspector Scott Kurleman
stated an'anonymous complaint was received on October 22, 1998, regarding a
hazardous dead pine tree. ,The initial inspection date was October 23, 1998, at
which time a large sand pine on the south property line appeared to be dead for
some time and was declared hazardous. The tree appeared to be leaning
approximately 30 to 40 degrees over the sidewalk toward the street. The code
requires removal of trees considered hazardous and in eminent danger of falling.
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Inspector Kurleman stated he received a message from the owner stating she
could not afford to remove the tree. On February 12, 1998, the owner called
stating she would remove the tree before February 24, 1999. As of 1 :30 p.m.
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today, the tree'ls still standing. He said the City will waive obtaining permits for
'removal of hazardous trees to encourage residents to remove them.
Ms. Dougall-Sides submitted City Exhibits 1 ~5, including photographs.
In response to a question, Mr. Kurleman expressed concern the tree will not
be removed as the property is for sale. He suggested the City remove it and charge
the current owner.
Board Attorney Connolly stated should the board find that a violation exists
and the tree is deemed a serious threat to the public health, safety, and welfare of
the community, the board can notify the owner of noncompliance and order removal
of the tree. If the tree is not removeds, the board can authorize the City to remove
the tree, charge for services and issue a lien on the property.
Discussion ensued regarding allowing sufficient time to notify the owner to
,comply. Inspector Kurleman offered to hand-deliver the notice in addition to the
customary mail delivery.
Member Huffman moved that concerning Case 09-99, the Municipal Code
EnforcemenfBoard has heard testimony at its regular meeting held on February 24,
1999, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector A. Scott Kurleman (the
Respondents were not present and had no representation, and viewing the evidence,
City Exhibits 1-5 (Ex. 1 - notice of violation dated 10/26/98; Ex. 2 - notice of
violation dated 12/18/98; Ex. 3 - affidavit of violation and request for hearing; Ex. 4
- cited code sections and Ex. 5 - photographs of the tree), it is evident a dead sand
pine tree located on the property is hazardous and poses an unsafe condition to
same and adjacent properties.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 52.06
(4) of the Code of the City of Clearwater, Florida, in that the Respondent has failed
to remedy the cited violation(s).
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02/24/99
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ORDER
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It is the Order of the Board that the Respondent is to correct the aforesaid
,violation by March 2, ,1999.
Upon failure to comply within the time specified, the Respondents may be
ordered to pay a fine in the amount of two hundred fifty and nol1 00 dollars
($250.00l per day for each day the violation continues beyond March 2, 1999.
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.
Upon failure to comply within the specified time, the City Manager may
authorize the entry upon the property and such action as is necessary to remedy the
condition, without further notice to the Respondents. The City Commission may
'then adopt a Resolution assessing against the property on which remedial action
was taken by the City the actLial cost incurred plus $200.00 administrative cost.
Such cost shall constitute a lien against the property until paid. A notice of lien, in
such form as the City Comm'ission shall determine, may be recorded in the public
records of Pinellas County, Florida, as other liens are recorded.
Upon complying, the Respondents shall notify the City Official who shall
inspect the property and notify the Board of compliance.
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.
F. 'Case 10-99
Elias Anastasopoulos & Gregory Politis
670 S. Gulfview Blvd., Waterview Centre
(LDC) - Kurleman
In a memo dated February 24, 1999, Inspector Kurleman requested Case 10-
99 be continued.
Member Tieman moved to continue Case 10.99 to the March meeting. The '
motion was duly seconded and carried unanimously.
Mcb0299
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02/24/99
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2.
, UNFINISHED BUSINESS
A. Case 32.98 . Affidavit of Complianco
Floyd D. & Terry S. Maddox
1507 Ridge Avenue
(Buildingl ~ Scott
B. Case 36-98 - Affidavit of Compliance
Ofer Zuka
2009 Cleveland Street
(Building~ - Scott
Member Cole moved to accept the affidavits of compliance for Cases 32-98
and 36~98. The motion was duly seconded and carried unanimously.
3.
OTHER BOARD ACTION/DISCUSSION
A. Request for Reduction, of Fine
Case 04.92 ,
David Gangelhoff d/b/a Gulf Marine
405 N. Ft. Harrison Ave.
(Businessl - Doherty
Board Secretary Diana stated the fine has accrued since 1992 at $25.00 per
day, for a total of $57,900. The Respondent came into compliance on September
29, 1998. She noted staff has spent a lot of time and effort on this case. She
, estimated administrative costs at $1,000.
Inspector Geri Doherty presented the background of the property dating back
to 1982 when special exceptions were granted by a State Hearing Officer. The first
special exception was for outdoor storage of boats, the second for a renovation and
repair facility and outdoor storage. Stipulations and conditions placed on these
special exceptions by the Hearing Officer have not been met.
, Bill Wilhelm, representative for David Gangelhoff, stated 13 of the conditions
imposed by the hearing officer were resolved quickly. The problem occurred when
110 boats referred to as "junk boats" had to be disassembled and removed at the
owner's expense. Due to financial considerations, Mr. Gangelhoff was unable to
remove the boats. He felt the boats were worth $500 apiece but was unable to
obtain permission from the City to store them. Mr. Wilhelm stated Mr. Gangelhoff
refused to file bankruptcy and has been working diligently to overcome some major
financial problems.
Lori Nelson, owner's fiancee, stated Mr. Gangelhoff believed most of the
violations had been resolved in 1992.
In response to a question, Inspector Doherty stated the City worked with
their architect in 1993 and throughout the process. She said the board authorized
foreclosure of the Respondent's property on September 24, 1997. Foreclosure
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02/24/99
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, , proceedings were never instituted. Board Attorney Connolly said since no
proceedings have been instituted, the board can reduce the fine.
'I '
Discussion ensued regarding reduction of the fine. Reducing the fine to 10%
of the original amount was recommended.
Member Rogero moved to reduce the fine to $2,000. There was no second.
Member Huffman moved to reduce the fine to $3,000. The motion was duly
seconded.
It was suggested the motion be amended to include the fine is to be paid
within 30 days of the date of today's hearing.,
The maker of the motion agreed to the amendment and the seconder
concurred. Upon the vote being taken on the amended motion, Members Allbritton,
Rogaro and Huffman voted, "aye"; Members Kerwin, Tieman voted "nay." Tie vote.
Motion failed.
, Member Tieman moved to reduce the fine to $4,000 it paid within 30 days.
The motion was duly seconded. Upon the vote being taken, Members Huffman,
Tieman, Rogero and Allbritton voted "aye"; Members Kerwin and Cole voted "nay."
Motion carried.
4.
APPROVAL OF MINUTES'- January 27, 1999
Member Tieman moved to approve the minutes of January 27, 1999, as
submitted in written summation to each board member. The motion was duly
, seconded and carried unanimously. ,
5. 'ADJOURNMENT
The meeting adjourned at 4:34 p.m.
J~~ ~~
Chair '
Municipal Code Enforcement Board
Attest:
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