03/24/1999 (2)
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Municipal Code Enforcement Board
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
March 24, 1999 ~ 3:00 p.m.
'~",', .. PUBLIC HEARINGS
A. Case 07~99
(Cont. from 1/27 & 2/24/99)
Edward C. Ellis & Richard J. Slater
527 E:' Street
(Housing) - tiinson
A. Withdrawn, complied prior.
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B. Case 08~99
(Cont. from 2/24/99)
Michael & Patricia Vlamakis
, 2010 Drew Street
(LOC) - DeBord
B. Comply within 30 days (4/23/99) or $1 OO/day.
C. Case 10~99 ' C. Withdrawn, complied prior.
(Cant. from 2/24/99)
Elias Anastasopoulos & Gregory Politis ("
670 S. Gulfview Blvdo; Waterview Centre,
(LOC) - Kurleman
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. 2.
D. Case 11-99
Pablo D. & Marta Barrera
. 1 761 Union Street
(Building) - Wright .
O. Withdrawn.
UNFINISHED BUSINESS
A. Case 09~99 ~ Affidavit of Compliance A. Accepted.
Kristen & Ryan Netschi
3201 Masters Drive
(Tree) ~ Kurleman
,B. Case 31-98 - Affidavit of Non~Compliance B. Accepted; issued order to impose fine.
Patrick B. Baker
1012 Jones Street
(Building) - Scott
note: Mr. Baker's housing violation case, 01 ~98, is
accruing at $1 OO/day.
This building violation was to comply by 2117/99 or $50/day
3. APPROVAL OF MINUTES ~ 2/24/99 ~ Approved as submitted.
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4. ADJOURNMENT - 3:20 p.m.
Informational Meetings regarding the new Community Development Code have been scheduled for 417199
& 4/14/99 at 3:00 p.m. at the Municipal Services BUilding, CRT Conference Room.
a '
, 3/24/99
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
March 24, 1999
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Present:
'Helen Kerwin
Lawrence Tieman
Frank Huffman
David Allbritton
Sheila Cole
Joyce Martin
Chair
Vice-Chair
Board Member
Board Member
Board Member
Board Member
Absent: '
Mary Rogero
Board Member
Also Prosent: Rob Surette
Mark Connolly
Mary K. Diana
Brenda Moses
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
The Chair called the meeting to order at 3:00 p.m. at City Hall.
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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
Pinellas County within thirty (30) days of the execution of the order. Florida Statutes
286.0105 requires any party appealing a decision of this Board to have a record of the
proceedings.
1. PUBLIC HEARINGS
A. Case 07-99
(Cont. from 1/27 & 2/24/99)
Edward C. Ellis & Richard J. Slater
527 E Street
(Housing) - Hinson
In a memo dated March 17, 1999, Inspector Fredd Hinson withdrew Case 07-99 as
the property is now in compliance.
B. Case 08-99
(Cont. from 2/24/99)
Michael & Patricia Vlamakis
2010 Drew Street
ILDC) - DeBord
Ms. Diana read the Affidavit of Violation and Request for Hearing. The dato of
official notice of violation was December 1 , 1998. She reported the return receipt for the
mcb0399
03/24/99
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notice of hearing sent by certified mail was returned. The subject property remains in
, violation of the code. The applicants have failed to comply with the terms, conditions, and
restrictions of a conditional use approved by the Planning & Z.oning Board regarding the
location of vehicles for sale, disabled boats, and the number of allowed vehicles on the
property.
Assistant City Attorney Rob Surette wished to establish a recurring violation by
bringing this case forward. He submitted City Exhibits 1 - 5, including photographs, a
copy of the Planning & Zoning Board minutes specifying the conditions of approval, and
notices of violation issued.
, In response to a question, Inspector Rick DeBord stated in September 1998, he had
provided the applicant extra compliance time due to family problems. Upon this morning's
inspection of the property, he noted the applicant had removed all but 18 cars. In
response to a question, Mr. DeBord said 28 cars and 2 boats previously had been parked
on the premises, blocking the aisles.
Michael Vlamakis, Respondl:l:nt, apologized for the delay, stating he had been
working long hours and was cleaning the property alone. He said the clean up could be
completed within 30 days.
Discussion ensued regarding the number of vehicles allowed on the property.
, Inspector DeBord said 13 cars are permitted on the property. He noted a boat and other
debris need to be removed for a complete clean up. In response to a question, Mr. DeBord
felt confident the applicant would clean up the property within 30 days as indicated.
Member Huffman moved that concerning Case 08-99, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on March 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 Rick DeBord and Michael Vlamakis,
Respondent, and viewing the evidence, City Exhibits 1-5 (Ex. 1 - code pages; Ex. 2 - copy
of .4/18/95 Planning and Zoning Board minutes; Ex. 3 - Notice of Violations mailed 914/98
& 1 2/2/98; Ex. 4 - photographs taken 1/5/99; and Ex. 5 - photographs taken 4/24/99), it
, is evident the property is in violation of the sections of the Code as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 36.007( 1 Hc) of
the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy
the cited violation(s}.
mcb0399
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03/24/99
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ORDER
It Is the Order of the Board that the Respondent is to correct the aforesaid violation
within 30 days (April 23, 1999). The burden shall rest upon the Respondent to request a
relnspection 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 on or before April 23, 1999, the Respondent may be
ordered to pay a fine in the amount of one hundred and no/100 dollars ($100.00) per day
for each day the violation continues beyond April 23, 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 shalf constitute a lien against any real or personal property owned by
, the Respondent pursuant to Chapter 162 of the Florida Statutes.
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.
C. Case 10-99
(Cont. from 2/24/99)
Elias Anastasopoulos & Gregory Politis
670 S. Gulfview Blvd., Waterview Centre
(LOC) - Kurleman
In a memo dated March 2, 1999, Inspector Scott Kurleman withdrew Case 10-99
as the property is now in compliance.
D. Case 11~99
Pablo D. & Marta Barrera
1761 Union Street
(Building) - Wright
In a memo dated March 24, 1999, Inspector Bill Wright withdrew Case 11-99 as
the property has been sold. If the violation continues to exist, the new owners will be
cited. '
A neighbor requested the Board give the new owners adequate time to bring the
property into compliance.
mcb0399
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2.
UNFINISHED BUSINESS
A. Case,Q9-99 - Affidavit of Compliance,
" Kristen & Ryan Netschi
3201 Masters Drive
(Tree) ~ Kurleman
Member Huffman moved to accept the Affidavit of Compliance for Case 09-99.
The motion was duly seconded and carried unanimously.
B.: Case 31-98 - Affidavit of Non-Compliance
Patrick B. Baker'
1012 Janes Street
(Building) - Scott,
Member. Tieman moved to accept the Affidavit of Non-Compliance and issue the
order imposing the fine for Case 31-98. The motion was duly seconded and carried
unanimously.
3. APPROVAL OF,MINUTES - February 24, 1999
Member Tieman moved to approve the minutes as submitted in writing to each
member. The motion was duly seconded and carried unanimously.
The meeting recessed from 3:21 to 3:26 p.m.
Development Services Coordinator Bob Hall requested training sessions be
scheduled to discuss how the City's Vision relates to the new Community Development
Code, and to review statutory requirements of the new code.
Sessions were scheduled for April 7, 1999 and April 14; 1999 (this session was
later canceled) at 3:00 p.m. in the Planning and Development Services conference room at
the Municipal Services Building.
4. ADJOURNMENT
The meeting adjourned at 3:32 p.m.
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ATTEST: ~~
S ret y
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' ' Chair
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03/24/99