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'f} ACTION AGENDA CITY OF CLEARWATER MUNICIPAL CODE ENFORCEMENT BOARD July 24, 2002 - 3:00 p.m. .. ~.' . .,u.': ' ',1 ~ PUBLIC HEARINGS " . '. . A. Case 03-02- Contd from 1/23/02 per Section 7-102(C) . . RLM Healthcare Marketing & Consulting. Inc. 1468 Belleair Road Development Code - Doherty \Withdrawn . ' B. . Ca~e 04-02 - Contd from 1/23/02 per ,Sec~ion 7~102(C). . Clearwater K M, clo Burr Wolff . .26990 U.S.,Highway 1,9. North Development Code - King Continued to 8/28/02 " ~'. . ~ ... . c1'1 ,.. ,',~ " , ~.... > > . 1::' ,'\' . , . ..... \ . , ..c.... " ". /;. -. ,'<. ,~ . j .' .{' " " ,." ,I <:c l.... k~~::~' >~;.' (' 'ii"", . :~';c"" > '::, -'. ':, . '/'", ~ " , .:~t. ~ . il " " }<::~'/'.;, '. " ~,!,:'~ . ~ ,; . . t.. c i) ,:' -' '~', . " e '. , C. " Case 20-02 , Robert Pettit 1009 Woodlawn Street 'Development Code - Phillips C~mply within 45 days or $100/day , c ~ . . '., . , I.' , '. D.. Case 21-02 , Robert Pettit 1009 Woodlawn Street Building Code - Coccia Comply within 90 days or $50/day E. Case 21..02 , Robert E Hughes Srt Tre 80B Palm Bluff Street. . Occupational LIcense - Shawen , Withdrawn - Complied prior "1,:::',:: ,', . I " ' ';:",~) . '::'......J t.,., " . , . ~/. > f.' I ' F. . Case 28.02 John and Laura Gianfilippo 1939 Sunset Point Road Development Code - Ruud . . Comply 'wit,hin 60 days or $1 DO/day .,," .,. ." ',f, \ < . . G. Case 29-02 . Nathan Woody 800' South Greenwood Avenue , Occupational License - Snawen : ~ontinued compliance or $50/day . 1 I;' " , I' ~ . '< ':"0 . .j . , I, .. -" . .v:. i< CBAG0702.doc 1 " " . \ ", ~: ~ ! . I: . ,,', ',' "',1",,: t", .~~ ',', ; ....l"!':. '. ":\'."t'..,'. ."+I'\.:.,t ,,~...,' "',1',,1. .'I~' \ 'r'~""~\~'.:,.I'., ",,_:,:,~,.:'.,.,...: ',~'.,..' t.c 'c' ,. +' +~.. , . ,.., . , , . '! ! " 2.' UNFINISHED BUSINESS ,,~ . t'. ,".! l ~ ' 'A. Case 13-02 - Affidavit of Compliance . Lorraine P. Htlleboe & Charles R. Hilleboe, Tr 2790 Sunset Point Road Development Code - Kurleman ' Accepted . B. Cane 11'()2 - Affidavit of Compliance Ronald L. & Margaret A. Venter 2942 Clubhouse DrIve W. . Development Code,:"," Kurleman Accepted B. Case 14-02 - Affidavit of Non,:,Compllance Menna-Plnellas . .' . . 20788 US Hwy 19'N . Development Code - Kurlenian Accepted; issued order imposing fino C. Case'16-02 - Affidavit of Non-Compliance Laura J ,Porter . 1524 S Prospect Avenue , public Nuisance - Julie Phillips . Accepted; issued order Imposing fine " .,"/. ~, ; , . ., c.,t,: :....' ,I ,f ': ~'.. .; +" . ~ 'J'" ' 1 . . " , :' .,~ \"~'. . , 3. ' OTHER BOARD ACTION/DISCUSSION CO,de Enforce!llent Board Work Shop in lakeland 8/23/02 . 4. NEW BUSINESS - NONE I. . . " 5. NUISANCE ABATEMENT, LIEN FILINGS - Accepted Chuck Broadhurst 906 pennsylvania Avenue Pine Crest Sub1 Blk 2, lot 3 & E1/2 vac alley , ' COD2002-01361 $ 250.00 , COD2002-01580 ., $ 250.00 COD2002-01739 " James E. and Dacha A. Kipp 2832 St. John Drive Virginia G~ove Terrac'e 5th Add, Blk B. Lot 4 Gwendolyn A. Taplin 703 Nicholson Street, 'I ra E~ Nicholson's, Addition, Blk 1, Lot 13 . Steven Schwartz . "709 Nicholson Street Ira 'E. Ni~holson's AddItion, Blk 1, Lot 10 less St 6. APPROVAL OF MINUTES"": 06/26/02 - Approved 7. ,~DJOURNMENT - 4:5~ p.m. , CBAG0702.doc $ 250.00 COD2002-01740 $ 250.00 ,:0.' 2 1~.,"';Y..j.:,-~~~""'~:I~~: .' . I" "'-~ I' ~ '., l~ ...~ ~. <: ;", :i~:~ ',,;.; < ,'~,~~ ?: \.: , ~;: f ,'.~; :~. ~'~~.~. J. .:~ !t~:':.;~: ;.'~:.' :...}}~i:J , .' >1 .1 ;' '. ; >'i<';',,' . ..,." ':", ';.. .. , " , ~ '...c, , " . I ' .', , I ' . . ;',' .'Ii:;'!.. '0 .,.' \ I . ~, " ,.).,.... , .' : .' , , . ". ~ " I. . " , .. JViUNICIPAL CODE ENFORCEMENT BOARD MEETING' CITY OF CLEARWATER July 24, 2002 . Present: L. Duke Tieman Sheila Cole David Allbritton . Joyce Martin George Krause Douglas J. Williams . Chair Vice-Chair Board Member Board Member Board Member Board Member Absent: Board Member Franke Huffman Also Present: Assistant City Attorney Attorney for the Board Secretary for the Board. Board Reporter' . . Bryan Ruff Jenay Martinez Mary K. (Sue) Diana Patricia O. Sullivan 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 'necessarl~y 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 Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. ITEM #1N Public HearinQs 1A) Case 03N02- Cont1d from 1/23/02 per Section 7N102(C) RLM Healthcare Marketing & Consulting, Inc. 146B Bellealr Road . Development Code - Doherty Per Sec. 7-102(C) of the Community Development Code, the item was continued. automa'tically to this meeting. As no recurrence of the violation has occurred, the item was' withdrawn. 1 B) Case 04~02 - Cont'd from 1/23/02 per Section 7-1 02(C) Clearwater K M. cIa Burr .Wolff 26990 U.S: Highway 19 North Development Code - King 'Item 1 B was continued to August 28t 2002'. mcb0702 1 07/24/02 " ~~~~>~:I.;I~,~~;j~;~:,:~~,!~!~~;;",,~/,j~~:::iIt,~;~:;,,:;~'. ':;':'~"~ \;; ,'!":'~'" i;'~' '::"" ,';:..,.;:.". ,".r .;,,:,;,,:: '. . "T' . ::.t.!,,",;,; ~';'i/r;t';'~~j!;~:;;' :J,;'> : :1"; ;, ~;~~i'. t:~ :j,.:'-;'\(,:' ))i~,:'<':':~~' !,';':; ~;; }:'I,\:' ;'/,' ;:i:;};: ;.: :;;nl< .~ ,,,,,..-Ao) .,~ ',' u ., . 1C) Case 20-02 Robert Pettit ,1009. Woodlawn Street Development Code - Phillips Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. In re'sponse to questions from Assistant City Attorney Bryan Ruff, Code Enforcement Inspector Julie Phillips said the City had received a complaint regarding the property at 1009 : Woodlawn Street on November 13, 2001. Ownership of the property was verified through the County Property Apprais~r. During her initial inspection on November 19, 2001, Ms. Phillips , observed an occupied RV with flat ,tires and no tags, 2 trailers, a boat and van without tags. and debris, which included 16 air conditlone~ units and piles of wood. She issued a Notice of Violation on November 29, 2001. Upon reinspectionof the property today, Ms. Phillips found one van had been removed and one trailer had a tag. The remainder of problems associated with the property's condition remains unchanged. Ms: Phillips Identified photographs she had taken of 1009 Woodlawn Street on July 23, 2002, and indicated the photographs are an accurate representation of cllrrent conditions, which Include overgrown landscaping, piles of lumber, concrete rubble, and tree trimmings, garbage, tires, a fence In disrepair, disassembled air conditioner units, and a boat, trailer, and RV without tags. She said staff has worked with the property owner for 7 months and recommended '30 days to comply or a $100 per day fine be imposed. , Mr. Ruff submitted City Exhibits 1 - 6 for 1009 Woodlawn Street that included composite photographs of the site. . Robert Pettit, property owner, said he is on Social Security and has not recovered from injuries he received in a serious automobile accident in 2001 or injuries to his leg he suffered . . two weeks later.' He Is unable to lift heavy objects. He said improvements have occurred. The air conditioner units are being recycled. A trailer loaded with debris had been removed. The RV is no longer occupied and is parked behind a privacy fence, not visible from the road. He believed the condition of his ya'rd is similar to others in the neighborhood: He felt it would be difficult to bring the RV into compliance within 30 days, as he would have to insure the vehicle 'to obtain tags. It was recomme,nded he could sell the vehicle, as he has the title. In response to a question, Ms. ,Phillips said the debris, traller, boat, etc. are visible from neighboring properties. It was suggested 30 days may not be enough time to comply due to Mr. Pettit's health problems., , Member Cole moved that the Municipal Code Enforcement Board has heard te~timony at its regular meeting held on July 24. 2002, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: mcb0702 2 07/24/02 . " I" . .~) ''r-:~oJ ~~ , . .' .' \ FINDINGS OF FACT After hearing testimony of Julie Phillips, Code Inspector, and Robert Pettit, Respondent, and viewing the evidence. City Exhibits 1) Nottce of Violation; 2) Affidavit of Posting; 3) applicable code sections; 4) Property Appraiser printout; 5) Affidavit of Violation and Request for Hearing;' and 6) composite photographs, it is evident inoperative vehicles, old wood, appliances and miscellaneous Items are being stored on the property creating a public health, safety or welfare nuisance; and a recreational vehicle is being lived in on the property. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 3-1502.G. 3- 1503.8.5; 3-1503.8-6,' and 3-915.A of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). ORDER It is the Order of this Board that the Respondent shall comply with said sections of the Code of the City of Clearwater within 45 days (September 7, 2002). If the Respondent does not comply within the time specified, the Board may order the Respondent to pay a fine of $100.00 per day for each day the violation continues to exist beyond September 7, 2002. 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. Upon complying, the Respondent shall notify Inspector Julie Phillips, 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 petiti.on 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 wl1l 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. ," .: (.:',/,.'I"i""'~~'.'I' ,~'..JI.'..~I.:.i,.',I; '1.::.: ..:~.'" ,.<:,., ..~:."" I:,,'.,~;'i",~ , . :c': \ , I; ~ ,,' 'e:1 "\. . I ""~ , ') ,~ , observed a two-story she~/garage had been constructed without a permit or inspections. He issued a Notice of Violation on December 19. 2001, and posted the site. . Ownership of the, property was verified through the County Property Appraiser, He discussed code requirements with the property owner on December 20, 2001. Mr. Coccia reported on January 14, 2002, the property, owner had submitted an incomplete permit application with only a survey. He issued the Request for Hearing on March 27, 2002. . , Mr. Coccia identified photographs he had taken of 1009 Woodlawn Street on November 28, 2001, and July 23, 2002, and indicated the photographs are an 'accurate representation of current. conditions. The structure is approximately 65% complete. Mr. Ruff .submitted City Exhibits 1 - 6 for 1009 Woodlawn Street that included composite. photographs of the site. Property owner Robert Pettit said he could not find a professional to provide the ,required engineering drawings. He said the structure was constructed on a pad where a previous shed had stood. He said the replacement structure is larger and well built. Mr. Coccia recommended 60 days to comply. or a $50 per day fine be imposed. In response, to a question, he said an extension cord was used to light the structure. The drawings would have to reflect any electrical uses. It was.felt obtaining. permits and completing the work would take longer than 60 days. Planner Mark Parry said he had recommended Mr. Pettit visit the Planning Department. While the structure has two stories, Code limits structure heights to '15 feet. Other related issues of concern include the structure's set back and the relationship between the size of the structure and the on-site single-family residence. ,It was suggested due to requirements for engineering drawings and Building Department approvals, 90 days would be appropriate. Member Allbritton moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 24, 2002, and based on the evidence issued its Findi~gs of Fact, Conclusions of Law, and Order as follows: . FINDINGS OF FACT After hearing testimony of Robert Pettit, Respondent; Mike Coccia, Code Inspector; and Mark Perry, Planner, and viewing the evidence I City Exhibits 1) Notice of Violation & Order to Stop Work; 2) Notice of Violation; 3) Affidavit of Posting; 4) applicable code sections; 5) Property Appraiser printout; 6) Affidavit of Violation and Request for Hearing, it is evident the construction of a shed commenced prior to the issuance of a building permit and required inspections were not done. ' CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 47.083 and 47.111 of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited vlolatlon(s). . mcb0702. 4 07/24/02 .~: ~ ';/.' ,.~..~>_...... ~...';: ......', !\,:,~~,,~,.::.,,:'.l~~.'f"",;',.'. "1"."1<' ':--) " . 1. ORDER It is the Order of this Board that the Respondent shall comply with said sections of .the Code of the City of Clearwater within 90 days (October 22, 2002). If the Respondent does not comply within the time specified, the board may order the Respondent to pay a fine of $50.00 . per day for each day the violation continues to exist beyond October 22, 2002. 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 onc~ recorded shall constitute a lien against any real or personal property owned by the Respondent pursuant to Chapter 162 of the Florida Statutes. Upon complying, the Respondent shall notify Inspector Julie Phillips, 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 evide~ce in determining whether to grant the petition to reconsider or rehear. The motion was duly seconded and carried unanimously. 1 E) Case 27-02 .;~dRi Robert E Hughes Sr, Tre \."d 808 Palm Bluff Street Occupational License - Shawe'n . ;J'" , " \ ,. ' . "'):"L' ,. A business was being operated without a valid City occupational license. . A license has been issued and the property is now in compliance. The case was withdrawn. 1 F) Case 28-02 . John and Laura Gianfilippo 1939 Sunset Point Road Development Code - Ruud , Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing' was obtained by certified mail. In response to questions from Mr. Ruff, Code Enforcement Inspector AI Ruud said on January 3D, 2002, he had assumed responsibility for this case from a previous Inspector. The City had received the original complaint regarding the property at 1939 Sunset Point Road on March 5. 2001. He had spoken to the business's receptionist during his first inspection on ' January 3D, 2002. The property features vehicle sales and outside storage of RVs. vehicles. and boats. On February 3, 2002, Mr. Ruud issued a Notice of Violation and on July 23. 2002, reinspected the property, which remains out of compliance. The neon uopen" sign remains, vehl.cle's are displayed in the front of the property, and the storage of vehicles in the rear continues. Staff met with the property owner on February 28 and July 23, 2002 to discuss mcb0702 5 07/24/02 .....\'......,...,..... :'.~',I,I(.I....>....1 "..,..., '. ,:,.".,,' 1...~..!I~r..../:..;:,:,:':tl.,-',,.'...:...r,f ~:: ~,'~' ,,-~1'1"" ,'"l~ . .::~""" .' '.: '., i. I.,. ~ ...' ../ ~ ~ .~.... ,'.: .'~~:. )".' ".: \ . ~ .,.:.,:. ,':'...'\ -I' ....~..' .t~~'I'..'''L'I\ > ..... ":' ..... ..;~ ',:'..::".' ~ .}, I) I,' ,;......, .,~Sr'J \~ compliance requirements. Staff had directed the property owner to review the property's site plan regarding use of the property. Mr. Ruud said to his Imowledge, nothing has been done,to correct the situation. Mr. Parry stated the subject property is not zoned for vehicle sales or outside storage. He said he had met with property owner John Glanfilippo and reviewed the zoning application process. He said use of the property for the sale and storage of vehicles would require a flexible development review. An Affidavit of Violation was issued on May 28. 2002. Mr. Ruud identified photographs he had taken of 1939 Sunset Point Road on January 30. May 28t and July 23. 2002, and indicated the photographs are a representation of current conditions. The photographs Indicate the storage of trailers, vehicles, boats, RVs, and trailers bordering the retention pond to the rear of the property. ongoing 'work in the open garage, a neon "open" sign on the building, vehicles displayed for sale along Sunset Point Road, and vehicle storage next to the building. ~Mr. Ruff submitted City Exhibits 1 - 6 for 1939 Sunset Point Road that included c~mposite photographs of the site,' In response to a question, Mr. Ruud said the property was annexed to the City in 1999 . and is zoned C, Commercial. The business does not hold an occupational license. Due to length of time the case has been open, Mr. Ruud recommended 15 days to comply or a $150 per day fine be imposed. Property owner John Gianfilippo said he is working to comply with the Code. He had not completed the required work due to the effects of his mother's death last year. He said he had hired a contractor and engineer to install required handicapped bathrooms and plans to improve the landscaping. He said administrative staff tn the on-site structure haridle tiUe work for the vehicle sales business next door.. He said he plans to upgrade the fence in the property's rear. Mr. Ruud said operating the current business on the site violates Code. He had directed Mr. Gian~lippo to present an updated site plan to the City on February 28, 2002. Issues related to the property extend beyond the structure and include concrete in the property's front setback, use of the property for vehicle storage and sales, which is not allowed. Mr. Gianfilippo said vehicle sales do not take place on the subject property. Mr. Parry said an office is a permitted use on the subject property, as long as a parking lot and landscaping plan are submitted. Mr. Gianfilippo said his vehicle sales business next door is in the County and an occupational license is not required. Mr. Parry said the properties ~re separate, divided by a valid property line. Mr. Ruud said Mr. Glanfil1ppo had applied for annexation of 1945 Sunset Point Road on May 16, 2001 but rescinded his request shortly afterwards. Mr. Gianfilippo said the change would have affected leases on portions of the property. He said he. planned to reapply for annexation after the leases expire. He said he also had removed a freestanding sign. In response to a question. Mr. Glanfillppo said he was having' a difficult time obtaining an engineering site plan. He said he wanted to use the building on~site for administrative efforts. He said displaying vehicles on the subject property was not Important. He said vehicle sales occur on the property next door. Mr. Ruff presented written testimony from Development . mcb0702 6 . 07/24/02 I',", . j ~ L.: ':. I ' ~ ,. ~.> \, i....>< TJ"":"'. .'. L .. L '. "-..... .. I ..~. r .' ~ ,j,' . ',' . .... .1 ". .~ ,> Services Manager Bob Hall, who was not present, stating when he visited the subject property on June 12, 2002, vehicles for sales were parked onMsite. He said Emmett McKinney had 'shown him vehicles for sale on the subject property and next door. Mr. Gianfilippo said Mr. McKinney is a maintenance worker. Mr. Ruff said the Auto America business card Mr. McKinney had presented Mr. Hall had stated "Buy Sell Trade" under Mr. McKinney's name. Mr. Ruud expressed concern Mr. Gianfilippo is charging for the storage of vehicles on-site, which is an illegal business. He had advised Mr. Gianfilippo on February 28, 2002 that the vehicles . would have to be removed from the property. It was felt Mr. Gianfillippo could contact the vehicle owners if necessary. Concern was expressed complying would take longer than 60 days. It was felt the recommended fine is too high as life and safety problems are not an issue. Mr. Gianfillippo said he had removed the vehicles from the front of the property. He said the engineer had promised the necessary drawings would be completed by August 2, 2002. He promised to remove the "open" sign. Mr, Ruud said those plans did not address the main issue, 'Mr. Gianfillippo's storage of vehicles on- site without proper approval. Mr. Parry reviewed special requirements associated with outdoor storage. The use is not a matter of right but requires approval. Member Cole moved that the Municipal Code Enforcement Board has heard testimony ,at its regular meeting held on July 24, 2002, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT ,~~ J h I~' ~ After hearing testimony of Al Ruud, Code Inspector, Mark Perry, Planner, and 0 n . ,...",,1 Gianfilippo, Respondent, and viewing the evidence, City Exhibits 1) Notice of Violation; 2) certified mail return receipt; 3) applicable code sections; 4) Property Appraiser printout; 5), Affidavit of Violation and Request for Hearing; and 6) composite photographs, it is evident there is outdoor storage/display occurring in a zoning district in which it is prohibited and vehicles are being displayed for sale on property that is not approved for vehicle sales. ~ <"! ~ " . ~ I "'1 . CONCLUSIONS OF LAW The Respondent is in violation of City of Clearwater Code Sections 1-104.B, 3-912, and 3-915.B. . ORDER It is the Order of the Board that the Respondent shall comply with said Sections of the Code of the City of. Clearwater within 60 days (September 23, 2002). If Respondent does not comply within the 'time specified, the Board may order him to pay a fine of $100.00. per day for each day the violation exists. 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 Plnellas 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. Upon complying, the Respondent shall notify mcb0702 7 07/24/02 ',' ".", '. I < :"J'. .~ ',. " f.'..... '.' ) . . ~ \~"':'..t t"'] ~ '. \' . . '..'., 'F '., Code Inspector Alan Ruud, 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 rehea'r 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. " ' Case 29~02 Nathan Woody . 800 S'outh Martin Luther King Avenue FKA South Greenwood Avenue Occupational License - Shawen Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on' the notice of hea'ring was obtained by posting the property. Neither the property owner nor a representative was present. 1G) In response to questions from Mr. Ruff, License Inspector Dee Shawen said the City had cited the ~usiness last year for the same offense. failure to obtain an occupationallicenss; In July 2001. the owner had purchased the FY (fiscal year) 2000/01 occupational license, which 'expired on September 30,2001. Ms. Shawen said her inspection of the subject property indicated the business is operational, with the marquis identifying current services. She Issued' an Affidavit of Violation on May 10, 2002 and posted the property. The Post Office had returned the certified mall unclaimed. Ms. Shawsn reviewed the City's procedure related to .occupatlo'nallicense renewal, testifying the City had sent several notices to business owner Nathan Woody. Ms. Shawen said Mr. Woody had paid all necessary fees today, a repeat of his actions last year. Administrative fees added $220.50 to the cost of the $115.75 license. Ms. Shawen identified photographs she had taken of 800 South Martin Luther King Avenue FKA South Greenwood Avenue on May 10, 2002 and indicated the photographs are an accurate representation of current conditions. Mr. Ruff submitted City Exhibits 1 - 6 that included composite photographs of the site. Ms. Shawen recommended if Mr. Woody does not renew his occupational license for FY 2002/03 by January 31; 2003, a fine of $150 per day be imposed. Concern was expressed the . fine seems excessive. . Member Martin moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 24, 2002j and based on the evidence issued Its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT mcb0702 8 07/24/02 " I '~'.\' '~i ;_.....,;.~,'.,l: .:'.~ ~. .~.'I. ....".'...ll~:,...:,.........,.....y..~~:...: ,:/'.:,~"'~"~""::".t.:'::'\:"11 ,!~t...; C;., , d. > '1 l:'~-' :,,'m) " ,.0 ~'.' " " '/i I ~:~I<~:'c'~~~ 1,' ~ c>,', After hearing testimony of Dee Shawen, Cade Inspa'ctar, and viewing the evidence, City Exhibits 1) Notice of Violation; 2) Affidavit of Posting;, 3) Copy of Code Section 29.30; 4) Property Appraiser legal description; 5) Affidavit of Violation and Request for Hearing, it is . evident the Respondent was operating a business without a valid occupational license, that this condition was. corrected. It is further evident that the condition was corrected prior to this hearing. ' . CONCLUSIONS OF LAW The Respondent by reason of the foregoing was in violation of Sectton 29.30(1) of the Code as referred to in the affidavit read into the record in this case. ORDER It is the Order of the Board that the Respondent shall continue compliance with Section 29.30(1) of the Code of the City of Clearwater. If Respondent 'repeats the violation, the Board may order him to pay a fine of $150.00 per day for each day the violation exists after the Respondent is notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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 proper:!Y 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 resl!ltlng from a public hearing. A petition for rehearing must be made in writing a~d 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. , , . Member Allbritton moved to amend the motion by reducing the amount of the fine from $150.00 per day to $50.00 per day for each day the violation exists. The motion to amend was . duly seconded. Members Cole, Allbritton, Krause, Williams, and'Chair Tieman voted "Aye"; Member Martin voted "Aye." The motion to amend carried. Member Allbritton moved to approve the amended motion. The motion was duly . seconded. , Members Cole, Allbritton, Krause, Williams, and Chair Tieman voted "Aye"; Member Martin voted "Aye." Motion carried. mcb0702, 9 07/24/02 :,: '.'.~ .'.".". ...,...: I.... .' ....~ ~," ' :' ' '. . ", . :',~"';'.~ "',' "1 "I~. .,: '. r ". '.' '... . I,' ,..~._' :.".: . .', . , . I': .....~.. , ' " ~!~T . ,': . " e ~. ,-.' rj , ., " ITEM #2 - Unfinished BusIness ..' , A. Case 13-02 - "Affidavit of Compliance Lorraln'e P.'Hllleboe & Charles R. HlIIeboe, Tr 2790 Sunset Point Road , o.evelopment Code - Kurleman AND 'B. , , Case 11-02 - Affidavit of Compliance Ronald L. & Margaret A. Venter . 2942 Clubhouse Drive W.' , Development Code - Kurh~man ., ,. " , " /.' .. . . Member Cole moved to accept the Affidavits of Compliance for Cases '#13-02 and 11-, 02. The motion 'was duly seco,nde,d and carried unanimously. . " , . c. Case 14-02 - Affidavit 'of Non-Compliance Menna-Plnellas 20788 US Hwy 19 N Development Code - Kurieman " '. ',,:' . ',i ,< " , " .- L AND .. . ;':. .4~' .' D.. ~t,: ,,~.;; \ ~ '.' Case 16-02 - Affidavit of Non-Compliance . Laura J Porter 1524 S Pros'pect Avenue Public Nuisance - Julie Phillips ' Member Martin moved to accept the Affidaylts of Non-Compliance and issue the orders imposing the fines for Cases #14-02 and 16-02. The motion was duly seconded and carried unanimously. .', Item #3 - Other Board Action/Discussion Ms. Diana requested board members.indicate as soon as possible their intention to 'attend ,the 'code enforcement workshop on August 23, 2002, in Lakeland at 9 .a.m. Item #4 - New Business , Item #5 -Nuisance Abatement Lien Fillnas Chuck Broadhurst 906 Pennsylvania Avenue Pine Crest Sub, elk 2) Lot 3 & E1/2 vac alley COD2002-01361. $ 250.0q C) mcb0702 10 ' 07/24/02 '> . ' I . , ',. . , .,' . , .,.~. u...... ' , . ..... ~.~l"", 'to: ,~~.~"",,~,"'l' ",,) '1 ~i~}:':"..' , ,> . . l. r' '.... ' ~. '. ' , \ ~ " .. I : "\ .. . > .".'," ''',',e e. .e"~','~~~ v~ \.:';"~"'.:t. . :'} ~ '. ;. ". ,""1 . ,:.": e,-' ~...".;.:.,. ~r/. \ ~e:e 1,1 ~', If." !.;.' .,~ ' .: ' .\ -et~"r ~. . ..' :.,..... I :"' '. . . u \' j o. . , . . , . ".:,. ': : 0 " , . , '. ' . . ,... .' ..'~'., r:' - . .," . 0',' ',' '.' n' < ..' I, : . . ,. ..",. . ~ ' ,.... , .. . . , , , . , ~ ,. , ' < ({'. ", ~ 'A: , . ,. ',' . : .,..: e" \ .. .. t ..- -.', ,~. ":; ': ',! ".. . . ~(j ,/ "f''/ I : , " :~.:. :. II.. ,,").,;. ,~:..' ,':., ,'. }l ~\.T' . ~.. . . , t. T,....' . ',' " ", ~. ';,' .. . , , r,o e " ltl~~.. t.: !"''1-qJ' ;i. )\:. " I:! .: " "I " ~ ' " \ , ;.,. .' ~ ~ . " ~ ". 'j- ~ ! , , ".'.'O.d\! , " . ' . , . , , . , ' 'J /' I. .., l " ,J 'e' . ., , " ~ . . . e''- 'I ,", . . ~ . ." I " ' . ,'. ~ > ' .1 . ,... . . 1 .i~ . 'i' L' , " , ". .. James E. and Docha A. Klpp 2832 St. John Drive. . , . Virginia Grove Terrace 5th Add, 81k 8, Lot 4 . Gwendolyn A. Taplin , 703 Nicholson Street . Ira E,'Nlcholson's Addition. Blk 1, Lot 13 .-' . Steven Schwartz . , " 709 Nicholson Street , " , Ira E. Nicholson's Addition, Blk, 1. Lot 10 less St. , Member Martin moved to accept the nuisance abatement 1,Ien filings. The 'motion was, 'duly second~d ~nd carrie~ unanimously. ' '" , , Item #6 - Aooroval of Minutes . Member VIIi1liams moved to approve the mInutes of. the regular meeting. of June 26, 2002. as submitted in written' summation to each board member. The motion was duly . seconded and carried unanimously. . , ' . Item #7'- Ad10urnment The meeting adjourned at 4:57 p.m. ,I ' , e " ' , ' . . ;l: fJUIk- Q)~ Chair, Municipal Code Enforcement Board ~//~e7' ;t~ .~T~~ ~~~,c . " -'~\ . 'j, . . 'I': j' ',. , . " '. ' ',' '. ., , , : , . 'mcb0702 '. ' 11 ," . 07/24/02, , '.' , ,