08/28/2002 (2)
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ACTION AGENDA
Clty of Clearwater .
Municipal Code Enforcement Board
. August 28, 2002
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1.. PUBLIC HEARINGS
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A. Case 04~02 - Cont from 7/24/02
. Clearwater K M, - Lowes
cia Burr Waitt
26990 U.S, Highway 19 North
. . Development Code - King.
. Action: Continue co~pllance..
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B. , Case 24-02
Ollie R. Dennis
. 1012 N. Madison Avenue ,
Development Code.- Kurleman
. Withdrawn . .
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, C. . Case 25-02
Ollie R. Dennis:
. 1012 N. Madison A~enue
Development. Code - Wilson..
Action: Continued to 9/25/02
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D.Case 30-02
'. East Bay Dry Cleaners
, 1701 Coachman Plaza Drive..
Development Code - Kurleman
Withdrawn .' ,
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E. Case 31-02
Richard 0 Sr.& Deborah 0 Lyttle
'293~ Clubhouse Drive.W
Development Code - King
.Action: Continued to 9/25/02
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F. Case 32-02 ,
E. G. Bradford & Sons Inc.
111 S. Belcher Road
Development Code - Hofferle
Action: Comply within 10 days or $250/day
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G. Case.33-03
E. G. Bradford & Sons Inc,
'111 S. Belcher'Road .
Development Code':" Fox .
Action: Comply within 30 days or $150/day
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. .. Action Agenda 8128/02
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UNFINISHED BUSINESS
A. Case 18-02 - Affidavit of Non-Compliance
Chuck C. Broadhurst
906 Pennsylvania.
Building Code - Coccia
Action: .Accepted; issued order imposing fine
OTHER BOARD ACTION/DISCUSSION
Request to Address Board re Fine.
Case 44-01 - American lnfoAge, LLC
. 505 Virginia Lane
(Kurleman)
. Action: Denied request .
The attendees of the Code Enforcement Board
Workshop in Lakelan~ remarked it was excellent. .
NEW BUSINESS - NONE
NUISANCE ABATEMENT LIEN FILING - Accepted.
Thomas and Barbara. Soares COD2002-00249
2525 Gulf to Bay Boulevard
Sec;:tion 18-29':'16, Metes & Bounds 41/04 $ 200.00 "
Opal' C. and Danny L. Cole. COD2002-004'S7
710 Lembo Circle
Lembo Sub, Lot 13 ~ 200.00
Bruce and Samuel Bernstein COD2002-01328
2254 Willow Tree Trail
. . ,Woodgate of Countryside Unit 3., Lot 78 $250.00
.Debra Wade COD2002-01738
18~1 Feather Tree Circle
Feather Tree, Lot 17 $ 250.00
Frank R. Perez and Yolanda Darosas COD2002-00 142
321 Coronado Drive
Columbia S'ub No.2,. Blk A, Lot 6 $ 250.00
6. APPROVAL OF MINUTES ~ July 24, 2002 - Approved as submitted
7. ADJOUR~MENT - 3:58 p..m.
Action Agenda 8128/02
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
August28,2002.
L.'Duke Tieman
Sheila Cole
. Franke Huffman
David Allbritton
Joyce Martin
George Krause
Douglas J. Williams
. Also Present: Bryan Ruff
Jenay" Martinez
Mary K, (Sue) Diana
Brenda Moses
Chair
Vice-Chair
Board Member
Board Member - arrived 3:02 p.m.
Board Member
Board Member
B.oard Member
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
Present:
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 Statute 286,0105 requires
any party appealing a decision of this Board to have a record of the proceedings.
ITEM #1 ... Public HearlnQs
A. Case 04..02 - Cont. from 7/24/02 .
Clearwater K M. - Lowes .
c/o Burr Wolff
.26990 U.S. Highway 19 North
Development Code - King
. Board Secretary Diana read the Affidavit of Violation and Request for Hearing. Service
on the notice of hearing was obtained by certified mail.
In response to questions .from Assistant City Attorney Bryan Ruff, Code Enforcement
. Inspector Janice King said during her initlallnspection on May 17. 2001, she observed outdoor
displays in areas other than designated on the approved site plan. A notice of violation was
. issued on May 18. 2001. The property has been in and out of compliance since May of 2001.
As of today, the p~operty Is In compliance. Ms. King said she has been In contact with the
previous store manager who left In Mayor June of 2002 and with the new management
regarding these violations. The Affidavit of Violation and Request for Hearing was issued on
.December 31.2001. .
. Mr. Ruff submitted City Exhibits 1-6 for 26990 US Highway 19 North that Included
photographs of the site. . ,
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8/28/02
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Development Services Manager Bob Hall said a previous code provision provided if a
property came Into compliance prior to the hearing date, the case would be continued for a
period of six months. If the property remained in compliance, the case would be withdrawn.
This property has been in and out of compliance within that six-month period. Staff Is asking for
a finding of violation so If the violation reoccurs, the City can recite the property owner as a
repeat violation.
Member Allbritton moved that concerning Case 04-02A, the Municipal Code
Enforcement Board has heard testimony at Its regular meeting held on August 28, 2002, 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 Janice King for City (Respondent was not
present and had.no representation), and viewing the evidence, City Exhibits 1-7 [Ex. 1 - notice
of violation: Ex; 2:'" code sections; Ex, 3 -property appraiser printout; Ex. 4 - affidavit of
violation and request for hearing; Ex. 5 - notice of hearing; Ex. 6 - Lowe's site plan dated
2/12/98 and Ex. -7 - composite photographs of conditions], it is evident that there was outdoor
display in areas other than designated on the approved site plan, that this condition was
corrected and recurred. 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 Code Section 1':'104(B) as
referred to In the affidavit read into the record in this case.
ORDER
It is the Order of the Board that the Respondent is to continue compliance with'said
Sections of the Code of the City of Clearwater, If Respondent repeats the violation, the Board
. may order the Respondent to pay a fine of one hundred flfly and no/100 dollars ($150.00) p,er
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 property owned by the violator pursuant to Chapter 162, 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
flUng 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.
B,. . Case 24~02
Ollie R. Dennis
1012 N. Madison Avenue
Development Code - Kurleman
In correspondence dated August 15, 2002, I nspector Scott Kurleman withdrew Case 24-
02 as the property Is now In compliance.
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8/28/02
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Case 25-02
OlHe R. Dennis
1012 N. Madison Avenue
Development Code - Wilson
In correspondence dated August 15, 2002, Inspector Scott Kurleman requested Case
25-02 be continued te:> the meeting of September 25, 2002.
C.
D. Case 30-02
East Bay Dry Cleaners
1701 Coachman Plaza Drive
Development Code - Kurleman
In correspondence dated August 15, 2002, Inspector Scott Kurleman withdrew Case 30-
02 as the property is now In compliance. .
E;Case 31-02
Richard 0 Sr. & Deborah D Lyttle
2936 Clubhouse Drive W
. Development Code - King
., Ms. Diana read the Affidavit ofViolatlon and Request for Hearing, Service on the notice
of hearing was obtained by hand delivery to Richard D. Lyttle, Sr. ten days prior to today's
hearing. " .
Richard D. Lyttle, Sr., property owner, agreed with the violation. He stated he is in the
.process of correcting it. .
Inspector King said Mr. Lyttle lost his job In April and has had some financlal difficulty in
bringing the property into compliance.. She noted the Homeowner's Association wants this
violation taken care of immediately as the problem has existed since August 2001. She said Mr.
Lyttle has painted, cleaned the roof and installed some landscaping. She believed the property
- could. be brought into compliance within 30 days. '
. . Mr, Lyttle said he planned to sod the entire yard but lost his job the end of April 2002 and
Is stlll unemployed. Over the last two days, he has installed grass plugs and finished
. landscaping. His Irrigation pump was broken and has been replaced, He submitted ,
photographs of the landscaping and sod completed today, He said his home is now for sale.
Member Cole moved to continue Case 31-02 to the September 25,2002, meeting. The
.. motion '"vas duly seconded and carried unanimously. .
,F.
Case'32-02
E..G. Bradford & Sons Inc.
111 S. Belcher Road
Development Code - Hofferle
I.
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Case 33-03
E. G. Bradford & Sons Inc.
111 S. Belcher Road
Development Code - Fox
Ms. Diana read the Affidavits of Violation and Request for Hearing for Cases 32-02 and
33-03. Service on the notices of hearing was obtained by physically posting the property at 111
S. Belcher Road. .
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Inspector Fox said there have been problems with family members in trying to sell the.
property, and no one has responded to staff regarding compliance. .
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. . Code Enforcement Inspector Jan Hofferle said she spoke to Jerry Bradford who has
Indicated 'he is trying to sell this property. His father passed away a few years ago. Mr.
Bradford indicated on June 5 and June 14 that the property would be brought into compliance.
Howevel',.he has since indicated that his brothers are not in agreement regarding the disposition
of the site. '
Itwas remarked that this property had been operating without a license.
In response to questions from Attorney Ruff, Ms. Hofferle said during her initial
inspection on February 26. 2002, she observed three inoperative vehicles and substantial
outdoor storage. She referred to the sections of the Code regarding those violations. As all
certified mail was returned unclaimed, a Notice of Violation Issued on February 26, 2002 was
. posted on the property. She sald she has had no recent contact with the property owner. On
t';\',~l) , July 18, 2002. a Notice of Violation and Request for Hearing was Issued. As of this morning.
\:"~., the property remains in violation.
Attorney Ruff submitted City Exhibits 1- 6, including photographs of the property at 111
S. Belcher Road.
Code Enforcement Inspector Mary Jo Fox said regarding Case 33-03, during her
inspection on August 14. 2001, she observed several abandoned signs in poor condition and
excessive window signs. No sign pl?:rmits were found for this location. She.referred to the Code
sections applicable to the alleged violations. A Notice of Violation was posted on the property
. and sent certified and regular mail on December 18,.2001, however both were returned
unclaimed. Other notices were posted on the property and at City Hall on February 26. 2002,
March 14, 2002, and July 18, 2002. She spoke to Mr. Bradford regarding these violations. The
last date of inspection was August 26, 2002, at which time the property was stili in violation of
the Code.
, Attorn'ey Ruff submitted City Exhibits 1- 7, that included photographs of the property at
111 S. Belcher Road.
In response to a question, Inspector Hofferle said the inoperable vehicles have no
current tags. She said her original photographs reflected the vehicles parked in a different
. location. but were never removed from the property. She said the debris on the property .
. presents a health hazard. Inspector Hall said there are some legal questions regarding what
the City' could do to abate the situation.
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8/28/02
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It was remarked the propane tanks are a safety issue. It was felt that 30 days was too
o lenient a timeframe for compliance as this situation has existed for 2 years.
Member Cole moved that regarding Case 32-02, the Municipal Code Enforcement Board
has heard testimony at Its regular meeting held on August 28, 2002, and based on the evidence
issued Its Findings of Fact, 'Concluslons of Law. and Order as follows:
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FINDINGS OF FACT
After hearing testimony of City Inspector Jana Hofferle for City (Respondent was not
present and had no representation), and viewing the evidence, City Exhibits 1-7 [Ex. 1 - notice
of violation; Ex. 2 - code sections; Ex. 3 - property appraiser printout; Ex. 4- affidavit of
posting; Ex. 5 - affidavit of violation and request for hearing; Ex. 6 - notice of hearing: and Ex. 7
-: composite photographs of conditions on property], it Is evident the property is In violation of
the City code. Inoperative vehicles as well as propane tanks, refrigerators, old grills are being
stored on the property and create a public safety nuisance.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 3-1503(B)(6) and
,3-1502(F)(1) 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 the Board that the Respondent is to correct the aforesaid violation
within ten days (September 7, 2002). 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 hav!3 been corrected on or before September 7. 20u2, 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 September 7; 2002.
If R.espondent 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
pursu,ant 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 petlUon the Board to reconsider or rehear any Board Order
resulUngfrom 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.
Member Huffman moved that regarding Case 33-93, the Municipal Code Enforcement
.Board has heard testimony at its regular meeting held on August 28. 2002, and based on the
evidence issued Its Findings of Fact, Conclusions of Law, and Order as follows:
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FINDINGS OF FACT .
After hearing testimony of Code Inspector Mary Jo Fox for City (Respondent was not
present and had no re'presentation). and viewing the evidence, City Exhibits 1-6 [Ex. 1 - notice
of violation; Ex. 2 - code sections; Ex. 3 - property appraiser printout; Ex. 4 - affidavit of
posting; Ex. 5 - affidavit of violation and request for hearing: and Ex. 6 - composIte
photographs of conditions}. it is evident the property is in violation of the City code. The
business has been closed for several years and there are abandoned freestanding and window
signs in poor condition on the property. No sign permits were found for this location.
'j ).
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 3-1803(A). 3-
1502(1). 3-1805(Q) and 4-1002 of the Code of the City of Clearwater, Florida, in that the
Respondent has failed to remedy the cited violation(s).
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ORDER.
, It is the Order of the Board that the Respondent is to correct the aforesaid violation
within 30 days (September 27. 2002). 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 September 27, 2002, the Respondent may be ordered
to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day for each
day the violation continues beyond September 27. 2002.
P'~~\ 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 wlll 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 18-02 - Affidavit of Non-Compliance
Chuck C. Broadhurst
906 Pennsylvania
Building Co~e - Coccia
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Member Huffman moved to accept the Affidavit of No'n-Compllance and Issue the Order
Imposing the fine for Case 18-02. The motion was duly seconded and carried unanimously.
mcbOB02
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8/28/02
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OTHER BOARD ACTION/DISCUSSION
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A. . Request to Address Board re Fine.
Case 44-01 - American InfoAge, LLC
505 Virginia Lane
(Kurleman)
Ms. Diana stated the request is to address the. Board at a future date regarding reducing
the fine. '
It was remarked that there appears to be conflicting excuses by the property owner as to
why they have not come into compliance. They MCEB previously allowed the property owner
60 days to comply, however. they have not done so. .
.Member Huffman moved to deny the request to address the Board regarding the fine.
The motion was duly seconded and carried unanimously.
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4. NEW BUSINESS '
.,
Member Martin stated the Code Enforcement Workshop she attended in Lakeland was
. excellent. She said the conference attorney clarified the powers and quasi-judicial nature of the'.
Board. She said he stated board members should not visits the sites or speak to the petit!oners
prior to a board meeting. Board Members are to listen to the facts and make determinations
based on those facts. '
0 NUISANCE ABATEMENT LIEN FILINGS
Thomas and Barbara Soares COD2002-00249
2525 Gulf to Bay Boulevard
Section 18-29-16, Metes & Bounds 41/04 $ 200.00 .
Opal C. and Danny L. Cole . COD2002-00457
710 Lembo Circle
Lembo Sub. Lot 13 $ 200.00
~ruce and Samuel Bernstein COD2002-01328
2254 Willow Tree Trail'
, Wood gate of Countryside Unit 3; Lot 78 $ 250.00
Debra Wade COD2002-01738
1881 Feather Tree Circle
Feather Tree, Lot 17 $ 250.00
Frank R. Perez and Yolanda Darosas COD2002-00142
321 Coronado Drive
ColumbIa Sub No.2. Blk A, Lot 6 $ 250.00
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Member Huffman moved to accep~ the nuisance abatement lien filings. The motion was
. duly seconded aDd carrIed unanimously..
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AP~ROVAL OF. MINUTES - July ?4; 2002 '
, .
. .. Mem~er Williams moved to approve the minutes of the regular meeting of July 24; 2002,
as submitted In written summatlon to each board member. The n:'Iotlon was ,duly seconded and
,: carried unanimously. ' '
. ADJOURNMENT :
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The meeting adjourned at 4:57 p.m. .
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