06/23/1999 (2)
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+'1unicipal Code Enforcement Board
Minutes
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B. Case 16~99
Equator, Inc. (Froggy's Night Club)
2516 Gulf to Bay Blvd.
(Landscape) - Kurleman
B. Comply within 14 days (717/99) or $250/day,
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
June 23, 1999 - 3:00 p,m,
PUBLIC HEARINGS
A. Case 15~99
. Tropicana Palms, Ltd (Builders Square)
2495 Gulf to Bay Blvd,
(Landscape) ..; Kurleman
A. Continued to 7/28/99,
2,. UNFINISHED BUSINESS
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A. ,Case 06~98 - Affidavit of Compliance
Glen R. Johnson, Inc. and Affiliates
Beach Communities II, Inc.
1350 Gulf Blvd,
, (LOC) ~ Scott
A, Acc'epted.
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B. Case 08~99 - Affidavit of Compliance B, Accepted.
. Michael & Patricia Vlamakis
201 0 Drew Street
(LOC) ~ DeBord
OTHER BOARD ACTION/DISCUSSION - None.
4. APPROVAL OF MINUTES - 5/26/99 ~ Approved as submitted. .
5. ADJOURNMENT ~ 3:29 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
, June 23, 1999 ,
Present:
Helen Kerwin
Lawrence Tieman
Frank Huffman
David Allbritton
Mary Rogero
Joyce Martin
Sheila Cole
Chair
Vice-Chair
Mambar'
Member
Member
Member
Member
,Also Present:
Leslie Dougall.Sides
Karen Clark
Mary K. IISue" Diana
Brenda Moses
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
The Chair called the meeting to order at 3:04 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
, The Chair ol!tlined 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 15-99
Tropicana Palms, Ltd. (Builders Square)
2495 Gulf to Bay Blvd.
(Landscape) - Kurleman
In a letter dated June 22, 1999, a request was made for a continuance of this case
due to commencement of bankruptcy proceedings.
Member Tieman moved to continue Case 15-99 to the next meeting. The motion
was dUly seconded and carried unanimously.
B. Case 16-99
Equator, Inc. (Froggy's Night Club)
2516 Gulf to Bay Blvd.
(Landscape) - Kurleman
mcb0699
1
06/23/99
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Board Secretary Diana read the affidavit of violation and request for hearing_ The
return receipt for the notice of hearing sent by certified mail was received. The
Respondent was not in attendance.
In response to questions from Assistant City Attorney Leslie Dougall-Sides,
Inspector KlIrleman said the property was first Inspected on April 23, 1999. The original
landscaping plan dated January 31, 1985, was for a business called "StudebC).ker" at this
same location. The landscaping plan was modified for "Froggy's Night Club" on May 5,
1998. Inspector Kurleman said the property contains dead sod, trash, and debris and is
deficient In landscaping materials. 'n'spector Kurleman said he spoke to a representative
from Froggy's who stated the property has not been brought into compliance because of a
pending sale.
Ms. Dougall-Sides submitted City Exhibits 1 - 6.
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In response to a question, Inspector Kurleman said the property owner also must
repair the irrigation system. Ms. Dougall-Sides noted building code violations on this
property may exist.
In response to a question, Inspector Kurleman said, at a minimum, the property
owner should be required to repair the Irrigation system and remove the dead materials.
Froggy's is not currently opened for business.
Discussion ensued regarding landscaping requirements changing depending on use
of property and concern was expressed in replacing plants, shrubs, ate. with the possibility
of having them removed by the new owner.
Member Huffman moved that concerning Case 16-99, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on June 23, 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 Scott Kurleman, (the Respondent was not
present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 -
notice of violation dated 4/23/99; Ex. 2 - notice of hearing dated 6/4199; Ex. 3 - City code
sections re landscaping requirements; Ex. 4 - property owner verification; Ex. 5 -
composite photographs of conditions; and Ex. 6 - landscaping plan, 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 Sections 3-1204 (B), (I),
& (L) of the Code of the City of Clearwater, Florida, in that the Respondent has failed to
ramed'l the cited violation(s).
mcb0699
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06/23/99
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ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid violation
within' 14 days from the date the Order was sent by certified mail (July 7, 1999), 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 on or before July 7, 1999, 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 violation continues beyond July 7, 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 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.
2. UNFINISHED BUSINESS
. A. Case 06-98 - Affidavit of Compliance
Glen R. Johnson, Inc. and Affiliates
Beach Communities II, Inc.
1350 Gulf Blvd.
(LDC) - Scott
B. Case 08-99 - Affidavit of Compliance
Michael & Patricia Vlamakis
2010 Drew Street
(LDC) - DeBord
Member Tieman moved to accept the affidavits of compliance for Cases 06-98 and
08-99. The motion was duly seconded and carried unanimously.
City Inspectors thanked the board for denying last month's appeal for Case 06-98.
The property had been a problem for a long time. All debris and trailers have been removed
,and the property is now in compliance.
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mcb0699
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06/23/99
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OTHER BOARD ACTION/DISCUSSION - None.
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4.
,APPROVAL OF MINUTES,- May 26,1999
Member Cole moved to approve the minutes of May 26, 1999, as submitted in
written summation to each board member. The motion was duly seconded and carried
unanimously. '
6.
ADJOURNMENT
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, The meeting adjourned at 3:27 p.m.
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06/23/99
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