03/28/2001 (2)
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ACTION AGENDA'
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD,
March 28, 2001 ~ 3:00 p.m.
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W:, ~.' ~UBLl9 HEARING~ ' '
" A. Case 04-0.1 . (Cant. from 2/28/01)
, ," To be Continued to 9/26/01 per Sec. 7-102(0) .
Edward & Sharon M. McGettrick
,2471. Chaucer Street
IDevelopment Code) -,Doherty
,ACTION: Continued to 9/26/01.,
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B. CO,se 05~01 - (Cont. fr~m 2/28/01)
To be Continued to 4/25/01
'Jamie L. Wright
,2430 Moore Haven Dr. W.
'. (Public Nuisance) - Phillips
, ACTION: Continued to 4/25/01.
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C. Case 07,-01 ~ (Cont., from 2/28J01)'.
To be Continued to,9/26/01 per Sec. 7-102(c)
" John AI Eifert' ,
1437 Court Street ,
(r;>evelopment Code/Landscape) - Kurleman
~ontin'ued to 9/26/91. '
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D. Case 08-01- (Cant. from 2/28/01)
Herbert J. Furey &' Joan G. Graf
18675 US 19N, Lot 337
(Building"Code) - Coccia
Comply by 5/6/01. or $1 OO/day.
, "
ACTION:
E Case 09-01 ,
Robert & Amy McGregor
2477 Chaucer Street
, (Development Code) - Doherty
,~I,: : ,ACTION: ,:Complyby4/16/01 or $100/per violation/day. .
F. Case 1'0-01
,Vernon Pierce, TRE c/o Ronald J. Oppliger
1 1269 S.' Highland Ave., "
:, ,(Public Nuisance) - Doherty
ACTION: Comply by 4/21/01 or $1 ~O/per violation/day.
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G. Case 11-01
',' Steven,D. Kovash
, 11 61 Marine Street
(Deveiopment Code) - Kurleman ,',
ACTION: 'Comply by 4/9/01,jJr $100/day.
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';"" ' 2. UNFINISHED BUSINESS
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A. Case 44-00 - Status Report
B&K Pr'operty Management Inc (B&K Plaza/Dominos Piiza)
2245 Nursery Road, '
(Development Code) - Kurleman ,
curbing Installed; property in compliance.
A~ ' Case 22~99, - Addressing Board re Reduction in Fine
, Sioutis, Anastasopoulos, Psaltis (Majesties Night Club)
470-484 Mandalay Avenue
, , (Development Code) - Kurlem'an
'ACTION:, Continued to.4/25/01:
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ACTION:
, B.
Case,40-00 - Affidavit of Compliance
Barry & Eugenia Taylor
2801 Edenwood Street
, (Development Code) - Kurleman
Accepted.
"
, ACTION:
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Case 0,1-01 ~'Affidavit of Non-Compliance
David L. & Cath:erine F., Jones '
1200 Melonwood Avenue
(Building Code) - Coccia
A?cepted; issued order, to impose fine.
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Case 02-01 - Affidavit of Non-Compliance
. Juan & Mark J. Costa'
612 S. Duncan Avenue
(Building Code), - Coccia,
Accepted; issued order to impClse fine.
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(<: :"., 3. OTHER BOARD ACTION/DISCUSSION,
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4. NEW BUSINESS,- None.
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5. ,NUISANCE ABATEMENT LIEN FILINGS - APPROVED.
Dan and Frances Bradford
,1660 Cleveland Street
Keyston'e Manor, Blk F, W52' of Lot 17
and E2/1 of Lot 18
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COD2000-06060'
$ 200.00
, 6. APPROVAL OF MINUTES" 2/28/01 - Approved as,'submitted.
.7. ADJOURNMENT - 5:05 p.m. .
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Franke Huffman
Joyce Martin
Member
Member
MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
March 28, 2001 '
:,
. Present:
Helen Kerwin
, Lawrence Tieman
David Allbritton
Sheila Cole
Peter Caffentzis
Chair
Vice-Chair
Member
Member
Member
Absent:
'Also. Present:
Leslie Dougall-Sides
Andy Salzman
Sue Diana
Patricia O. Sullivan
Assistant City Attorney.
. Attorney for the Board
Secretary for the Board
Board Reporter
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The Chair called the meeting to order at 3:00 p.m. at City Hall.
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 Pinellas County within thirty 130) 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.
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ITEM, # 1 . Public Hearinqs
,1 a). Case 04-01 -: (Cont'd from 01/28/01)
Edward' & Sharon M. McGettrick
2471 ,Chaucer Street
(Deveiopment Codel -. Doherty
,'1.
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Per Sec. 7.102IC) of the Communit'y Development Cadet the violation has
b'een corrected prior to today' 5 meeting and'is automatically continued for 'a period
of six months ISeptember 26, 2001) and will be withdrawn at that time if there is
no recurrence of the violation.
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, 1 b).' Case 05-01 '. (Cont'd from 02/28/01)
Jamie L. Wright
2430 Moore Haven Dr. W.
(Public Nuisance) . Phillips
o
In a memo dated March 27, 2001, Inspector Phillips requested a continuance
'as the, property has a new 'owner. This case' was continued to the meeting of April
25, 2001.
mcb0301
, 1
03/28/01
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Case 07-01 - (Cont'd from 02/28/01)
John' A. Eifert'
1437 Court Street
(Development Code/Landscape) - Kurleman
Pe'r Sec. 7-1021CI of the Community Development Code, the violation has
been corrected prior to today~s meeting and is automatically continued for a period
of six months' (September 26, 2001) and will be withdrawn at that time if there is
no recurrence of the violation.
1 d)
Case 08-01 - (Cont'd from'02/28/01)
HerbertJ. Furey & Joan G. Graf
18675 US 19N, Lot 337
(Building Code) - Coccia
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mcb0301
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03/28/01
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Board Secretary Sue Diana read the Affidavit of Violation & Request for
" Hearing. Property owners Herbert' J. Furey and Joan G. Graf were n6t present.
Service, 'waso~tained by posting the property.
In response to questions from Ms. Dougall-Sides, Building Construction
Inspector Mi~e Coccia said the subject mobile home is on a lot in a mobile home
'park. He was assigned the case following the resignation of a City inspector, who
, had cited the property in December 1999 for this violation. That case 'was closed
upon the inspector's resignation. He said the previous, inspector had compiled a file,
on the subject property, with Information that indicated the property owner, Mr.
Furey; had constructed the carport, along with other unpermitted structures in the
mobile home park. He indicated his records did not reflect whether Mr. Furey did
other work in the park.
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Mr. Coccia said he initially inspected the site on November 2, 2000 and
found a carport, with offset posts and an overhang, had been constructed wit~out a
required permit or inspections. He iss~ed a Stop Work order that day and a Notice
of Violation 01'1 November 17, 2000. Permitting such a structure requires ,
engineering drawings. No current application' with engineering drawings is on file
with the City. Mr. Coccia has n~t had contact with the property owner since the
, citation was issued. ' ,
Mr. Coccia reinspected the property after the ordered compliance date and
today., The property remains out of compliance. He said the structure is' bendin'g
due to the cracking and bowing of the offset posts" which appear to be bearing too
much weight. He said the structure could be considered unsafe. He'identified City,
Exhibit 9 as photographs he had taken of the property on November 17, 2000 and
March 27 t 2001. The photographs are an accurat.e representation of current
conditions. He recommended 30 days to comply, or a $50 per day fine be imposed.
, ' ,Ms., Dougall~Sides submitted City Exhibits 1 -9 and displayed photographs of
the site.
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. In, response to a question, Mr. Coccia said to comply the property owner
must submit engineering drawings and obtain a permit for the structure or obtain a
permit to dismantle it. Both options, require City inspections. Concern was
"expressed,the fine should be $100/day as it'relates to ~ safety issue. "
Member Cole moved that the Municipal Code Enforcement Board has heard
testimony at its regular 'meeting held on March 28, 2001, 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 Mike Coccia Ithe Respondent was
not present and had no representation during public hearing), and viewing the
evidence, City Exhibits 1-9 (Ex. 1 - notice of violation &. order to stop work; Ex. 2 -
notice of violation; Ex. 3 - affidavit of posting; Ex. 4 - code sections; Ex. 5 -
property appraiser printout; Ex., 6 - complaint form; Ex. 7 - affidavit of violation &
request'for hearing; Ex. 8 - notice of hearing; and Ex. 9 - composite photographs of
conditions dated 11/02/00 and 11/17/00), it is evident the property is in violation' of
eh. 47, Art. IV, Sec. 47.083(2) and Art. V, Sec. 47.111 of the Code in that a
carport was installed without a ,permit and inspections.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Sec. 47.083(2) ,and Art. V, Sec. 47.111 of the Code of the City of Clearwater,
Florida, in that the Respondent has failed to remedy the cited violationls).
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation by May 6, 2001. 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 boen corrected on or before May 6, 2001, 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 May 6,2001.
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
perso'nal property owned by the Respondent pursuant to Chapter 162 of the Florida
Statutes.
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 cas~.
mcb0301
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03/28/01 '
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The Board wlll not hear oral argument or aviden'ce In determining whether to grant
the petition to reconsider or rehear.
The motion was duly seconded and carried unanimously.
NOTE: Mr. Furey addressed the board at the end ot the meeting; stating he had
arrived late. The Board declined to rehear this case ,at this meeting.
1 e) Case 09*01
Robert & Amy McGregor
2477 Chaucer Street
(Dev~lopment Code) - Doherty
Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
Property owner Robert McGregor was present. Service of the notice of hearing was
obtained by certified mail service.
In response to questions from Ms. Dougall~Sides, Inspections Specialist Gerl
Do~erty sai~ the property had come to her attention on April 4, 2000, after an
anonymous complaint. Sh~ inspected the property on April 5, 2000, and observed
two hauling trailers in the setback and one hauling trailer in the right-at-way. The
onsite boat is less than 20-teet long and does not violate Code. She issued a Notice
of Violation and left a door hanger for the homeowner indicating he 'was not
, licensed for hauling activities and that hauling trailers are not permitted in the front
setback or in residential rights-ot-way. The issue related to a license tag on one of
the onsite vehicles has been correcte9.
Ms. Doherty said the property owner's home occupation license does not
allow employees to come to the property or for the business to generate traffic
greater'than is normal for a residential neighborhood. She referenced Exhibit 9, the
license application for Robby's Assembly Service, which lists business activities as
delivering and assembling items, such as gas grills and exercise equipment', at
customer's homes or businesses.
In response to seven additional complaints that employees and day laborers
were present, thia semi-trailer trucks delivered supplies, that a playground set was
assembled onsite, and that employees were loading hauling trailers onsite, Ms.
Doherty Inspected the property on numerous occasions. On April 19, 2000, she
observed several employees arriving in the morning. She left a related door hangar.
Two vehicles, registered at other addresses, were present. She said Mr. McGregor
telephoned her on April 20, 2000 and indicated he did not intend to stop his
activities as he had to make a living. On her April 27, 2000 visit, she took
photographs of ol)e hauling trailer in the front setbacl< and one in the right-of-way.
On her May 11, 2000 visit, she observed two vehicles at the home which she had
not'seen previously. On May 19, 2000, she arrived at the property at ,6:28 a.m.
and observed' two trucks parked in the front, which'did not belong to Mr. McGregor.
A pickup arrived at 6:38 a.m. Ms. Doherty returned at 11 :15 a.m. and observed
several vehicles, belonging to employees, parked at the site. On Mav, 29, 2000, she
mcb0301
0'3/28/01
4
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issued a Notice of Violation for employees coming to the house. The certified mail
of the notice was returned to the City unclaimed. :
On June 23, 2000, Ms. Doherty posted the property with a Notice of
Violation for on site employees and traffic at this location. She did not observe semi-
trailer trucks unloading at,tl1e site., On November 21, 2000 at 7:00 a.m., she
observed two trucks in front of the house and a hauling trailer in the front setback.
On November 29, 2000, she posted the property with a Notice of Violation for three
violations: 1) employees coming to the house; 2) hauling trailers in the setback and
right-at-way; and 3) increased traffic in a residential neighborhood.
The compliance date 'for this Notice of Violation was December 4, 2000. On
December 15, 2000, Ms. Doherty observed a pickup truck in the street and a
hauling tr~i1er loaded with boxes in the front setback. On December 29, 2000, she
said no extra vehicles or hauling trailers were onsite. On January 2, 2001, she
observed employees 'loading cardboard boxes into a pickup truck. A hauling trailer
was parked in the property's front setback. She said little has changed in the past
year and the violations continue. '
, Ms. Doherty identified City Exhibit 8 as photo'graphs she had taken of the
property on November 29 and December 15, 2000. The photographs are an
accurate representation of current conditions. She identified an aerial view of the
property, highlighting the front setback line: She recommended the property owner
be given 10 'days to comply. If violations continue, she recommended the board
impose a fine of $100 per day per violation for every day violations can be
documented.
, Ms. Dougall-Sides submitted City Exhibits 1 -9 and displayed photographs of
the site.
Attorney Jason Bangos, representative, said the business has operated,at '
this location for six years. He said the business does not have employees but hires
subcontractors. He said the property owner wants no more problems. Concern
was expressed that Mr. McGregor's current willingness to comply 'contradicts his
previous actions. Mr. Bangos said Mr. McGregor had felt he was being singled out
, for prosecution as other neighborhood properties do nO,t comply with Code. He
stated many of those who work on projects for Mr. McGregor, also are his friends.
In response to a question, Ms. Doherty estimated she had spent 1 5 hours on
this case. It was stated home occupation rules have been violated. It was
, recommended Mr. McGregor carefully manage visitor, traffic to his property, so that
,it is not mistaken for employee parking.
Member Allbritton moved that the Municipal Code Enforcement Board has
heard'testimony at its regular meeting held on March 28, 2001, and based on the
evidence issued its Findings of Fact, Conclusions ot Law, and Order as follows:
mcb0301
03/28/01
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FINDINGS OF FACT
After hearing testimony of Code Inspector Geri Doherty for City, and
Attorney' jason Bangos for Respondent, and viewing the evidence, City Exhibits '-9
lEx. 1 ~ notice of violation; Ex. 2 - affidavit of service; Ex. 3 - property appraiser
printout; Ex. 4 - code sections; Ex. 5 - printout of occupational license; Ex. 6 -
, affidavit of violation & reqyest for hearing; Ex. 7 - notice of hearing; Ex. 8 - ,
composite photos dated 11/29/00, 12/15/00 and 1/2/01; and Ex. 9 - application for
home occupation), it is evident the prope~ty is in violation of Sections 3-11 02.A.2,
3-1102.A.5, & 3-1407.A.2.b of the Code regarding home occupations.
, CONCLUSIONS OF LAW
, The Respondent by reason of the foregoing is in violation of Sections 3-
1102.A.2, 3-1102.A.5, &,3-1407.A.2.b of the Code of the City of Clearwater,
Florida, in that the Respondent has failed to remedy the dted violation(s).
ORDER
It is the o'rder of the Board that the Respondent is to correct the aforesaid .
, violation by April 16, 2001. The burden shall rest upon the Respondent to request ~
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 April 16, 2001, the Respondent
may be ordered to pay a fine in the amount of one hundred and no/l00 dollars
'I $100.00) per violation, per'day for each day the violation continues beyond April
16, '2001.
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 Pinel/as
. 'County, Florida, and once recorded shall constitute a lien against any real or
personal property owned by the Respondent pursuant to Chapter 1 62 of the Florida
Statutes.
, 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 tiled 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
petitiori~ the Board will consider whether or not to reconsider or rehear the case.
The Board will not hear ora/argument or evidence in determining whether to grant
the petition to reconsider or rehear.
The motion was duly seconded and carried unanimously.
1f)
Case 10-01,
Vernon Pierce, TRE c/o Ronald J. Oppliger
1269 S. Highland Avo.
(Public Nuisance) - Dohorty
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Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
Property owner Ronald J. Oppliger was present. He said he had purchased the
property from Vernon Pierce. Service on the notice of hearing was obtained by
certified mail service.
, In response to questions from Ms. Dougall~Sides, Ms. Doherty said
commercial vehicles are stored on the subject property adjacent to residential U3es,
including the Kalmia condominium complex. The business' on the subject property
is licensed as TCB Automotive Merchandise, providing indoor retail sales of auto
parts. The property had come to her attention on March 22, 2000, after an
anonymous complaint that people were living in the two large trailers parked onsite.
, She inspected the property on March 23, 2000 and spoke with Mr. Oppliger. She
photographed a camping trailer and a RV, which was hooked up to the sewer hose
and electric line, and construction equipment, licensed to Bingham's Backhoe and
Trailer Service. On March 28, 2000, a Kalmia condominium resident telephoned
, with a complaint. Mr. Oppliger met with the condominium association on March 31.
2000.' Ms. Doherty and her supervisor also attended the meeting. Residents
expressed concern' regarding the outdoor storage of construction equipment, travel
trailer, and RV on the subject property.
On May 1, 2000, Ms., Doherty took photographs of the construction
equipment, travel trailer, and RV. Sho Issued a Notice of Violation for illegal outdoor
storage on May 19; 2000. The certified mail notice was returned unclaimed on
June 15, 2000. Ms. Doherty said she then worked on a special project for three
months. When she reinspected the property on December 13, 2000, the RV was in
the rear, hooked up to the electrical line and sewer hose. Also, she observed a
semi-trailer and backhoe. Two vehicles for sale were displayed in the front. Neither
vehicle had a tag. An automobile in the rear also did not have a tag. These vehicles
a're considered inoperable. The sale of vehicles is not an approved use of this
property. Ms. Doherty issued a Notice of Violation and hand delivered it to Ronald
J. Oppliger's son, Scott. When she reinspected the property on January 5, 2001,
the RV was gone. Mr. Oppliger indicated it was being repaired and would be back
in several weeks.
On February 13, 2001. Ms. Doherty reinspected the property and observed
,the RV was' present, although the sewage hose was not connected. She cited the
property for 'outdoor storage of the RV, but not for people living in the RV, although
she previously had observed lights inside, illuminated at night. Ms. Dougall.Sides
'stated the Code forbids the use of RVs as living units in the City. She also .cited the
property for inoperative vehicles and illegal outdoor storage of construction
equipment, which have current vehicle tags licensed to another Clearwater address.
She said the outdoor storage is not related to the business, TCB Automotive
Merchandise. She also observed the semi.truck parked in the front setback on
, March 14 and 24, 2001. She said a copy of the City Manager's response to a letter
from the property owner has been distributed.
Ms. Doherty identified City Exhibit 9 as photographs she had taken of the
property on March 23, May 1, and December 13, 2000 and February 13, 2001.
mcb030 1
7
03/28/01
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The photographs are an accurate representation of current conditions. She
recommended the property owner be given 15 days to comply or be fined $150 per
day per violation for every day violations can be documented.
Ms. Dougall-Sides submitted City Exhibits 1 -9 and displayed photographs of '
the site.
Ronald Oppliger, owner, said he has been in business at this location for
more than 10 years. In response to concerns expressed by condominium residents,
he said night deliveries now are made to the front of the building, construction
,equipment is not started before 7:00 a.m., and he has cleaned up the weeds and
dust,on his property., 'He said he also has removed the RV and agreed to install a
landscape buffer. , He expressed concern that in spite of his efforts, the City had
cited him for unlawful storage on May 1, 2000. He said he had asked Ms. Doherty
l .
to leave his property after she took photographs without permission. He said he
, had'requested this hearing to resolve the issues. In response to a question, he said
the vehicles for sale belong to friends. It was felt Mr. Oppliger is running several
businesses where only one is permitted. He said he stores the construction
equipment,' owned by Don Bingham, on site because Mr. Bingham does not have
adequate space at his nearby business for storage.
Concern was expressed that the RV is habitable whenever it is hooked up to
a sewer hose and electric lines. Mr. Oppliger said he has left on lights, the radio,
and television in the RV to discourage vandals. Ms. Dougall-Sides said Code
prohibits the outdoor storage of construction equipment and RVs. She said Mr.
Oppliger could apply for an outdoor storage permit, although the storage must relate
to the on site business.
Mr. Taiman moved that the Municipal Code Enforcement Board has heard
testimony at its regular meeting held on March 28, 2001, 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 Geri Doherty for City and Ronald
Oppliger for Respondent, and viewing the evidence; City Exhibits 1-9 (Ex. 1 - notice
of violation; Ex. 2 - code sections; Ex. 3 - Draft of letter to Oppliger from Horne;
Ex. 4 - affida'vit of service; Ex. 5 - property appraiser printout; Ex. 6 - occupational
license;, Ex. 7 - affidavit of violation & request for hearing; Ex. 8 - notice of hearing;
and Ex. 9 - composite photographs dated 12/13/00, 2/13/01 and 1/28/98), it is
evident the property is in violation of Section(s) 3-1503.B.6, 3-1502.F.1, & 3-
915.B of the Code relating to exterior storage of construction equipment, untagged
vehicles for sale and recreational vehicle, hooked to sewer and electric in unapproved
location.
CONCLUSIONS OF LAW
,The Respondent by reason of the foregoing is in violation of Section(s) 3-
1503.B.6, 3-1502.F.1, & 3-915.B of the Code of the City of Clearwater, Florida, in
that the Respondent has -failed to remedy the cited violation Is)'
mcb0301
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ORDER
It is the Order of the Board that the Respondent is to correct the, aforesaid
violation by April 21, 2001. The burde,n shall rest upon the Respondent to request a
reinspe,ctionby 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 21, 2001, the Respondent
may be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars
($150.00) per violation, per day for each day the violation continues beyond April
21,2001.
If Respondent does not comply within'the time ~pecifiedi 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. '
Any aggrjeved 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 evide:nce in determining whether to grant
the ,petition to reconsider or rehear. '
The motion was duly seconded and carried unanimously.
1 g)
Case 11-01
Steven D. Kovash
1161 Marine Street
(Development Code) - Kurleman
, ,
Board Secretary Diana read the Affidavit of Violati,on & Request for Hearing.
Property owner Steven D. Kovash was present. Service on the notice of hearing
was obtained by a process server.
, In response to questions from Ms~ Dougall-Sides, Land Resource Specialist
Scott Kurleman said the Public Works Department had contacted him after noticing
the property when trimming trees in the right-ot-way. Mr. Kurleman inspected the
property on December 13, 2000 and observed two decaying laurel oak trees on the
single-family residential property. He issued a Notice of Violation on December 13, ,
'2000 with a compliance date of December 31, 2000. Mr. Kurleman reinspected ,the
property and observed that one tree had been removed but the tree on the
property's southwest side continues to pose a danger to' nearby property owner's
, 'and the s'ubject property. Florida' Power will remove branc~es touching feeder lines
but will not remove an entire tree.
mcb0301
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Mr. Kurleman identified City Exhibit 5 as photographs he had taken of the
property on February 14, 2001. The photographs are an accurate representation of
current conditions, which are extremely hazardous. He said the property owner
claims financial difficulty. He recommended the property owner provide the City the
authority to contract its, removal and assess the property for related costs. He
,expressed concern the threat of a fine alone will not get the tree removed. He
recommended the property owner be given 10 days to remove the'tree or be fined
$"00 per day.'
, Ms. Dougall-Sides submitted City Exhibits 1 -9 and displayed photographs of
the site.
. In response to a question, Mr. Kurleman stated he had provided the property
owner with the names of local tree services. Concern was expressed the hazard
'imperils neighboring properties.
Member Caffentzis moved that the Municipal Code Enforcement Board has
, heard testimony at its regular meeting held on March 28, 2001, 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
Re,spondent was not present and had no representation), and viewing the evidence,
City Exhibits 1-5 (Ex; 1 - notice of violation; Ex. 2 - code sections; Ex. 3 - property
, , appraiser printout; Ex. 4 - affidavit of violation & request for hearing; and Ex. 5 -
composite photos dated 2/14/01), it is evident the property is in violation of Sec. 3-
1502lH)(3) in that dead and declining oak trees are present on the property and
pose a danger to this and adjacent properties.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 3-1502
(H)(3) of the Code of the City of Clearwater, Florida, in tl1at the Respondent has
failed to remedy the cited violationls}.
ORDER
It is the Order of the Board the Respondent is to correct the aforesaid
violation by April 9, 2.001. The burden shall rest upon the Respondent to request a
reinspection by the Code Inspector to verify compliance with this Order.
In the event tile aforesaid violation is found, in subsequent proceedings by
this Board. not to have been corrected on or before April 9. 2001, the Respondent
may be ordered to pay a fine in the amount of one hundred and no/l00 dollars
($100.00) per day for each day the violation continues beyond April 9, 2001.
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
mcb0301
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County, Florida, and once recorded shall constitute a lien against any real or,
, p'ersonal property owned by the Respondent pursuant to Chapter 162 of the Florida
,Statutes; ,
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
w'riting and filed with the Board'Secretary no iater than thirty' daysaft'er 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.
, ITEM #2 - Unfinished Business
2a)
Case 44-00 - Status Report
B&K Property Manag'ement Inc (B&K Plaza/Dominos Pizza)
2245 Nursery Road
(Development Code) - Kurleman
Mr. Kurleman reported he had visited the site. Curbs have been installed as
directed and the property is in compliance. He will issue an Affidavit of Compliance '
for acceptance at April's meeting. "
2b) Case 40-00 - Affidavit of Compliance
Barry & Eugenia Taylor
2801 Edenwood Street
, '(Development Code) - Kurleman '
Member Tieman moved to accept the Affidavit of Compliance for Case 40-, '
00. The motion was duly seconded and carried unanimously.
'20)
Case 01-01 - Affidavit ot Non-Compliance
David L. & Catherine F. Jones
1200 Melonwood Avenue
(Building Code) - Coccia
Member Tieman moved to accept the Affidavit of ~on.Compliance and issue
the order imposing ,the tine for Case 01-01. ,The motion was duly ,seconded and
carried unanimously.
2d)
Case 02-01 -, Affidavit of Non-Compliance
Juan & Mark J. Costa
612 S. Duncan Avenue'
(Building Code) - Coccia
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03/28/01
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, Member Tieman moved to accept the Affidavit of Non-Compliance and issue,
the order imposing the fine, for Case 02-01. The motion was duly seconded and
carried unanimously.
2e), Case 22-99.- Addressing Board re Reduction in Fine
Sloutis, Anastasopoulos, Psaltis (Majestics Night Club)
470~484 Mandalay Avenue
(Development Code) -- Kurleman
Board Attorney Andy Salzman said, according to board rules, the MCEB
(Municipal Code Enforcement Board) cannot hear a request to reduce a fine until an
Affidavit of Compliance has been issued. Inspector Scott Kurleman noted no
Affidavit of Compliance has been Issued as the property is not in compliance. .
Attorney Nicholas Economides, representative, referred to the May 24" 2000
MCEB meeting when the fine accuring on this property was abated and a partial
release of lien was granted to other properties connected to the violation property.
, ' He noted at this meeting staff had indicated they were satisfied with the current
landscaping on,the site. He believed the property to be in compliance.
louis Anastasopoulos, property co-owner, said the property is under contract
for sale. A lien on the property affects the closing and redevelopment of th~
property. He said comments made by staff led him to believe that property related
problems had been resolved;
Ms. Doug'all-Sides recommended this. item be continued to the next meeting.
Attorney Economides requested Ralph Stone be in attendance at that
meeting.
Member Caffentzis moved to continue Item #2e to April 25, 2001. The
motion was duly seconded and carried unanimously.
Item # 3 - Other Board Action/Discussion
Mr. Salzman recommended after the affidavit of ~iolation and request for
, hearing is read by the Board, Secretary, staff ask alleged violators if they admit to
the violation. If they do; it is not necessary for the City to present its entire case.
Item # 4 - New Business
Item #5 - Nuisance Abatement Lien FilinQs
Dan & Frances Bradford
1 660 Cleveland Street
Keystone Manor, Blk F, ,W521 of Lot 17
and E 1/2 of Lot 18
, COD2000-06060
$ 200.00
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:,motl~,:, was dufy,second,e'd and carried unanimously.
, Item #6' - Aooroval of Minutes
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, Member Allbritton moved to approve the minutes of the regular meeting of
Februa,ry 28,' 2001, as sUbmitte,d, in written summation to each board member. The
motion was duly seconded an~ carried unanimously. ' ,
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'Item #7, - Adjournment
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The meeting adjourned at 5:05 p.m.
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Municipal Code' Enforcement Board
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