10/27/1999 (2)
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.':Municipal Code Enforcement Board
Minutes
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, ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODe ENFORCEMENT BOARD
, October 27, 1999 - 3:00 p.m;
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:,', '.. PUBLIC HEARINGS
A. Case 24-99 (Cant. from 9/22/99)
Belleview Biltmore Resort Ltd
1590 Gulf Blvd. (Cabana Club Restaurant)
(building) -' Wright
ACTI9N:' Withdrawn; complied prior.
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B. Case 26-99 (Cant. from' 9/22/99)
Markos & Sevasti Lagos
1331 Cleveland Street
(landscape) - Kurleman
Withdrawn.
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" , ACTION:
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C.' Case 27-99 (Cant. from 9/22/99)
Mary Jackson
1 333 Mary L Road
(outdoor storage) - Rosa
,ACTION: Withdrawn.
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D. Case 28-99
James R. Ficken
1608 N. Osceola Avenue ,
(Appeal of inoperative vehicle notices of vi(Jlatian) - King
Denied appeal. .
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E. Caso 29-99
Vincent & Mary S. Centore
3216 Pine Haven Drive
(fence) - Phillips
ACTION: Continued.
F. Case 30-99
Arian Tenney
1320 Terrace Road
(outdoor storage) - Rosa
ACTION: Continued.
2. UNFINISHED BUSINESS
A. Case 07-98 - Affidavit of Compliance
Mary W. Smith
1111 Blanche B. Littlejohn Trail
(housing) - Hinson
ACTION: Accepted.
10/27/99
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B. Case 26-99 - Affidavit of Compliance
Marden S: Gordon .
1631 Sand' Key Estates Ct.
(bullding) - Wright
Accepted.
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C. Case 30-98 - Affidavit of Non-Compliance
Mary W. Smith
1111 Blanche B. Littlejohn Trail
(building) - Chianella
ACTiON: Accepted; issued order imposing fine.
D. Case 22-99 - Affidavit of Non-Compliance
Bill Sioutis, Elias Anastasopoulos, and John Psaltis (Majesties Night Club)
470-484 Mandalay Avenue
(landscape) - Kurleman
ACTION: Accepted; issued order imposing fine.
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: , E. Case 95-92 - Request to address Board at next meeting
Thomas & Elizabeth Floyd
605 Hart Street
(building) - Wright
.. ' ACTION: Approved request.
3. OTHER BOARD ACTION/DISCUSSION
. ~\ Sheila Cole questioned if the City had a landscaping agreement with K-Mart. Staff was not aware
" \r........f:lf any. ,
Joyce Mar:tin expressed concern regarding landscaping obstructing the view at entrances and exits
of business centers. Staff to follow up.
,4. ' APPROVAL OF MINUTES - 9/22/99 - Approved as submitted.
6. ADJOURNMENT - 3:43 p.m.
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10/27/99 .
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
October 27, 1999
Present:
Helen ~erwln
Frank Huffman
Oavid Allbritton
, Mary Rogero
Sheila Cole
Joyce Martin
Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Absent:
Lawrence Tieman
Vice-Chair
Also Present: Leslie Dougall-Sides
Joseph Corsmeier
SUB Diana
Brenda Moses
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.
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To provide continuity for research, items are in agenda order although not necessarily
discussed In that order.
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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 Plnellas 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 24-99 (Cont'd. from 9/22/99)
Belleview Biltmore Resort Ltd.
1590 Gulf Blvd. (Cabana Club RestaurantO
(Building - Wright)
In a memo dated October 27, 1999, Inspector Wright withdrew Case 24-99.
The owner has obtained a permit for repairs to the property.
B. Case 26-99 (Cont'd. from 9/22/99)
Markos & Sevasti Lagos
1331 Cleveland Street
(Landscape - Kurleman)
In a memo dated October 13, 1999, Inspector Kurleman withdrew case Case
26-99 as the property Is now in compliance.
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10/27/99
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Case 27.99 (Cont'd. from 9/22/99)
Mary Jackson
1331 Mary L. Road
(Development) - Rosa
In a memo dated October 26, 1999, Inspector Rosa withdrew Case 27-99 due
to a pending foreclosure.
D. Case 28-99
James R. Ficken
1608 N. Osceola Avenue
(Public Nuisance) - King
Board Secretary Diana read the affidavit of violation and request for hearing.
She reported service was obtained by certified mail.
Assistant City Attorney leslie Dougall~Sides stated this is an appeal of an
inoperable vehicle notice of violation. The appellant is not present. The burden is on
the appellant to present the appeal to the board. In his absence, Ms. Dougall-Sides
requested the board find for the City.
Member Cole moved to deny the appeal. The motion was duly seconded and
corried unanimously.
James R. Ficken, applicant arrived at 3: 16 p.m. and requested that his appeal
be heard. Discussion ensued and Member Rogero moved to rescind the previous
motion to deny the appeal. The motion was duly seconded. Upon the vote being
taken, Chair Kerwin and M~mbers Albritton, Rogero, and Martin voted "aye";
Members Huffman and Cole voted "nay". Motion carried.
Mr. Ficken requested the case be continued until after the six-month review of
the Community Development Code. Ms. Dougall-Sides did not agree. Mr. Ficken said
his main defense is with regard to the current text of the Development Code. He
requested "nonresidential" be removed from Section 8-102 of the ordinance. It was
remarked that the board cannot make changes to the code. The board makes
decisions whether a violation exists, and determinos appropriate action. It was
suggested that Mr. Ficken submit any suggestions regarding the Development Code
to the Planning and Development department.
Mr. Ficken said he has antique cars In his back yard but disagrees with the
City's position that they are a nuisance. He referred to sections of the Code that
refer to equipment, etc. that must be screened from view. He said the cars In his
back yard cannot be seen from the street or by neighbors, and are therefore not a
nuisance. The cars have not been dismantled, but have mechanical problems. In
response to a question from Mr. Ficken, Inspector Janice King said no odors, noises,
substances such as smoke, ashes, soot, dust, gas fumes, etc. are coming from the
site. Ms. King said she received two anonymous complaints regarding the property,
the first one on June 3, 1999, and the second in September of 1 999. In response to
a question, Ms. Dougall.Sides said methods of correcting the violations are cited in
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10/27/99
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Section 7-103(d). Mr. Ficken said he intends to rebuild the classic cars. He said he
does not want to purchase tags for cars that are Inoperable. In response to a
question, Ms. Dougall.Sides said the definition of Inoperable Is in Section 8-102.
In response to questions from Ms. DougaU.Sides, Inspector King said the
original inspection date was June 11, 1999. Upon inspection, she found 2 vehicles in
the back yard. She explained the Code requirements to Mr. Ficken and gave him time
to comply. She did not post the vehicles until August 27, 1999. One vehicle has an
older tag without a current decal. The other vehicle has no tag. The property is
zoned residential. Mr. Ficken has a garage for at least one vehicle. Ms. Dougall-
Sides said Mr. Ficken is in violation of the current Code. The vehicles on the property
are deemed inoperable and a nuisance. Notice was given to Mr. Ficken and unless
the board sustains his appeal today, the City has the right under the code to abate
the nuisance. Mr. Ficken can comply with the Code by obtaining current tags for the
vehicles or removing them and storing them In an enclosed building.
In response to a question, Ms. Dougall-Sides said nuisance cases are handled
differently than other cases. The City posts nuisance notices. If the property owner
does, not file an appeal, the City is automatically authorized to abate the nuisance.
Should the owner file an appeal, they have the right to appear before the board to
show the condition described in the notice does not exist or show why the condition
should not be remedied by the City at the expense of the property owner. It is the
appellant's burden to show why the City should not abate the nuisance. The City
submits that the appellant has not met his burden that the City should not abate the
'nuisance. Ms. Dougall-Sides presented City Exhibit #1, photographs of the vehicles
taken August 27, 1999, and October 27, 1999, and the inoperable notice given to
Mr. Ficken. Board Attorney Joseph Corsmeier agreed it is the appellant's burden to
present evidence to the board to support his position.
In response to questions, Mr. Ficken said one of the vehicles is inoperable,
therefore, he cannot drive it to the emissions station to obtain a current tag. He does
not feel.he should obtain a sticker for a vehicle that does not run. The other vehicle
is operable.
Member Huffman moved to deny the appeal. The motion was duly seconded
and carried unanimously.
E. Case 29.99
Vincent & Mary S. Centore
3216 Pine Haven Drive
(Development) - Phillips
In a memo dated October 19, 1999, Inspector Phillips requested a continuance
to allow additional time for compliance.
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10/27/99
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F.
Case 30~99
Arlan Tenney
1320 Terrace Road
(Development) - Rosa
In a memo dated October 25, 1999, Inspector Rosa requested a continuance
as the property is close to compliance.
Member Huffman moved to continue Cases 29-99 and 30.99 to the December
board meeting. The motion was duly seconded' and carried 'unanimously.
2. UNFINISHED BUSINESS
, A.
Case 07-98 - Affidavit of Compliance
Mary ,W. Smith
1111 Blanche B. Littlejohn Trail
(Housing) - Hinson
B. Case 25-99 - Affidavit of Compliance
Marden S. Gordon
1631 Sand Key Estates Ct.
(Building) - Wright
Member Huffman moved to accept the affidavits of compliance for Cases 07-
98 and 25-99. The motion was duly seconded and carried unanimously.
C. Case 30-98 - Affidavit of Non-Compliance
Mary W. Smith
1111 Blanche B. Littlejohn Trail
(Building) - Chianella
D. . Case 22-99 - Affidavit of Non-Compliance
Bill Sioutis, Elias Anastosopoulos, and John Psaltis (Majestics Night Club)
470-484 Mandalay Avenue
(Landscape) - Kurleman
Member Huffman moved to accept the affidavits of non-compliance and issue
the orders imposing the fine for Cases 30-98 and 22-99. The motion was duly
seconded and carried unanimously.
E. Case 95-92 - Request to address Boord at next meeting
Thomas & Elizabeth Floyd
605 Hart Street
(Building) - Wright
Ms. Diana said the Board had previously authorized foreclosure on this
property. A lien of more than $500,000 has been placed on the property. The
Floyds have another property at 603 Hart Street with a lien of$25,000.
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10/27/99
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j....., Member Cole moved to approve the request to address the Board at the next
) meeting. The motion was duly seconded and carried unanImously.
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2. OTHER BOARD ACTION/DISCUSSION
, In response to a question, Ms. Dougall-Sides said City inspectors routinely
monitor properties to ensure they comply with the landscaping ordinance regarding
new development or redevelopment. The site plan and construction process reviewed
by 'the Engineering Department and the City's landscape architect requires an
applicant to file a landscape plan to be reviewed by the Development Review
Committee and inspected as Installed. Failure to fo!low the landscape plan can be
brought before this board. She suggested that board members and residents contact
the Traffic Engineering Department regarding any ~roperties they feel are in
noncompliance with the ordinance. It was remarked that there are many obstructed
views throughout the City due to inappropriate landscaping.
Member Cole asked if the City has an agreement with Kmart their landscaping.
, Ms. Dougall-Sides said she is not aware of any and believed the improved landscaping
was due to the board's order.
3.
APPROVAL OF MINUTES '- 9122/99
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Member Huffman moved to approve the minutes of the regular meeting of
. September 22, 1999, as submitted in written summation to each board member. The
motion was duly seconded and carrIed unanimously.
2. ADJOURNMENT
. The meeting adjourned at 3:43 p.m.
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Chair
Municipal Code Enforcement Board
( Attast~
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