09/25/2002 (2)
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. ACTION AGENDA
City of Clearwater .
Municipal Code Enforcement Board' ,
. S~ptember 25t 2002
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. . .- 1.. PUBLIC HEARINGS
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.. A. Case 07-02
Debra Kagan Ward
.1148 N.E. Cleveland Street
. (BuildIng Code) - Coccia.
. . Withdrawn per Section 7..1 02.C .
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B. Case 09-02
, . " U Haul Co. W. Coast FLA.
.... :23917 U;S. Hwy19 N
(Development Code) -:- Kurleman'
. ." . Withdrawn per Section 7 -1 02.C
. C.. . Case 25..02 - Conld from 8/28/02
Ollie R. Dennis
" .. 1012.N. Madison Avenue.
Development Code - Wilson
Continued to 10/23/02
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D. Case 31.;.02 - Contd from 8/28/02
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Richard D Sr & Deborah D Lyttle
2Q36 Clubhouse Drive W
Development Code - 'King
. Continued for 120 days
E.' Case 34-02 .
Donald E. & Peggie Zeitler
1700 N. Ft. Harrison Ave .
Development Code - Phillips
Comply ~ithln 45 days'or $100/day , .
.' .F.. Case 35"()2 .
.'. I. EI AmirofTampa Co ,
2099 Highland Avenue
Development Code - Kurleman
.. Comply within 30 days ~r $150/day
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, G. Case 36-02 .'
..Alex Ari.Florida Co
'Key West Grill .
" ' 2660 Gulf to Bay. Boulevard
. ,. , Oevelopment Code - Kurleman
Comply within 30 days or $150/day
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. UNFINISHED BUSINESS
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. A. Case 32-02 - Affidavit of Non-Compliance .
, E, G. Bradford & Sons h;c. .
111 S. Belcher. Road .
. Development Code - Hofferle
.Accepted; issued order imposing fine
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OTHER BOARD ACTION/DISCUSSION
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.,' '6.', . APPROVAL'OF MiNUTES"': August 28,2002 - Approved assUbmitt~d. ..
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',:. (J)" . .: .> . .7.. .. ADJOURNM~NT - 3:59 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
t1 . CITY OF CLEARWATER
September 25. 2002 .
Present: Lawrence Tieman Chair
David Allbritton Board Member
'. Franke Huffman Board Member
Douglas J. Williams Board Member
Absent: Sheila Cole Vice-Chair
Joyce Martin . Board Member
George Krause ' Board Member
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Also Present: Bryan Ruff Assistant City Attorney
. Andrew Salzman Attorney for the Board
". , Mary K. (Sue) Diana Secretary for the Board
Patricia O. Sullivan Board Reporter . I
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i, !he Chair calle~ 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
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. . The Chair outlined the procedures and stated any aggrieved party may C:1ppeal 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
1 A) Case 07-02
Debra Kagan Ward
.1148 NE Cleveland Street
Building Code - Coccia
Per Sec. 7-102(C) of the Community Development Cads, the item was continued
automatically to this meeting. As no recurrence of the violation has occurred, the item Is
withdrawn. " .' .
1 B) Case 09-02 '
U Haul Co. W, Coast FLA.
23917 U.S, Hwy 19 N
Development Code - Kurleman
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Per Sec. 7-102(C) of the Community Development Code, the item was continued
automatically to this meeting. As no recurrence of the violation has occurred. the Item Is
withdrawn. ' .
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09/25/02.
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1 C) Case 25-02 - Cont'd from 8/28/02
.. Ollie R. Dennis
1012 N. Madison Avenue
Development Code - Wilson
In correspondence dated September 12, .2002, Inspector Eric Wilson requested Case
.25-02 be continued to the meeting of October 23, 2002.
10) Case 31-02 - Cont'd from 8/28/02
Richard D. Sr. & Deborah D, Lyttle
2936 Clubhouse Drive W ~
Development Code - King .
Board Secretary Diana read the Affidavit of Violation & Request for Hearing, Service on
the notice of hearing was obtained by posting the property. The date of inspection occurred<on
. August 29, 2001, and. the Notice of Violation was Issued on September 4, 2001.
Richard D. Lyttle, Sr. said the landscaping violation did exist a month ago. Code
Enforcement Inspector Janice King said the majority of the yard has been plugged,and planted
seeds are sprouting, She expressed concern it will be difficult for grass to grow on the small,
bare, sandy areas of the yard. Staff Is asking for a finding of violation so if the violation
. reoccurs, the City can recite the property owner as a repeat violation. .
Mr. Lyttle reviewed his efforts to landscape the property, which has an irrigation system.
Land Resource Specialist Scott Kurleman saId, considering Mr. Lyttle's actfons and with
contfnued Irrigation and fertilizing efforts, it would be reasonable to expect the yard will comply
. with Code within 120 days, Board Attorney Andy Salzman said as the house is for sale, a
future violation by new owners would not constitute. a repeat violation. The new owners could
be noticed regarding this violation. .
. As Mr. Lyttle has corrected the majority of the violation, it was recommended the item be
continued. It was felt Mr. Lyttle had acted In good faith,
Member Huffman moved to continue ~ase 31-02 for 120 days. The motton was duly
seconded. Members Allbritton, Huffman, and Williams voted "Aye"; Chair Tieman voted "Nay;"
Motion carried:
1 E) Case 34-02
Donald E, & Peggie Zeitler
1700 N: Ft. Harrison Avenue
Development Code - Phillips
Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on
the notice of hearing was obtained by certified mall.
. In response to questions from Assistant City Attorney Bryan Ruff, Code Enforcement .
Inspector Julie Phillips said Ih June 1990, this property at 1700 N. Ft. Harrison Avenue had
been found in violation of the same Code infraction. She inspected the property on October 26,
2001 and found 3 trailers on site being used for illegal storage. One trailer rema.lns. She
mcb0902
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09/25/02
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Issued a Notice of Violation on August 8, 2002. She recommended 5 days to comply or a $100
t) per day fine be Imposed. .
Donald Zeitler, property owner, admitted to the violation. He said he could not meet the
deadline to comply. The traller holds merchandise that cannot fit into his store, He said plans
to add a warehouse to this site were folled due to parking requirements, He said the carpet
business market has been poor since September 11,2001, and he has been unable to sell all
of the carpeting he has in stock. He stated road construction in front of his Drew Street store
has further hindered his business and his sales have dropped by 62%. He said the trailer has
been on the site for many yea.rs and it was not brought to his attention until last fall. He felt he
could remove the trailer by the end of 2002. He had sent a letter requesting an extension for
this temporary storage use. He said his business is more than 25 years old.
Ms, Phillips expressed concern the trailer, at 40 feet in length, 13 feet in height, and 8
feet in width, is quite large and nearly four times larger than trailers allowed, for limited times, at
, permitted construction sites, .
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It was felt special circumstances exist. It was stated Mr, Zeitler had made efforts to
correct the situation by removing two trailers and was working to resolve the issue, It was
noted the site had been out of compliance for at least eight months, a long time. Concern was
expressed the owner was aware that use of on~site trailers for storage was illegal as he had
been.cited previously for the same Code infraction. It was recommended the violation be
. corrected before the end of the year,
Member Allbritton moved that the Municipal Code Enforcement Soard has heard
. testimony at its regular meeting held on September 25, 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 Inspector Julie Philips for City and Donald.and Rod Zeitler for
Respondent, and admission to the violation, it is evident a portable storage unit is illegally
located on the subject property,
. CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 3-2103.A.6, 3-
2103,S.3 and 3~2f03.B.3.g 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 40 days (November 9, 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 November 9, 2002, the Respondent may be ordered to
mcb0902
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09/25/02
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pay a fine In the amount of one hundred and no/100 dollars ($100.00) per day for each day the
'). violation continues beyond November 9, 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 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.
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. l)pon 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.
1 F) Case 35-02
EI Amir of Tampa Co.
2099 Highland Avenue
Development Code - Kurleman
/(i.>)) Board Secretary' Diana read the Affidavit of Violation & Request for Hearing. Service on
"'llV::~ the. notice of hearing was obtained by certified mail. The Respondent was not present and had
no representation.
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. mcb0902
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09/25/02
. In response to questions from Assistant City Attorney Bryan Ruff, Mr. Kurleman said he
first inspected the property at 2099 Highland Avenue on March 28, 2002 and observed that two
pine trees had been removed without a permit. He issued a Notice of Violation on March 29,
2002. He said the property owner is working to replace the trees and install a hedge as a
landscape buffer along Highland Avenue and Union Street. The owner had removed the trees
because they made a mess in the parking lot. The owner said he did not know permits were
required. Mr. Kurleman visited the property today and reported no change had occurred.
Mr. Kurleman Identified photographs he had taken of 2099 Highland Avenue on March
. 28, 2002, and Indicated the photographs are an accurate. representation of current conditions
and show s~wdust remaining where the trees previously stood,
Mr. Ruff submitted City Exhibits 1 ~ 7 Including photographs for 2099 Highland Avenue,
In response to a question. Mr. Kurleman said each pine tree had been 15-inches in
diameter. He recommended 30 days. to comply or a $150 per day fine be Imposed.
Member Williams moved that the Municipal Code Enforcement Board has heard
testImony at Us regular meeting held on September 25, 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 Inspector Scott Kurleman 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 - appHcable code seclfons; Ex. 3 - property appraIser printout; Ex. 4 -
certified mail receipt; Ex, 5 - affidavit of violation & request for hearing; Ex. 6 - notice of
hearlng;.and Ex, 7 - composite photographs], it is evident the property is In violation of the City
code. Two protected pine trees were removed without a permit and have not been replaced
with equivalent material. .
CONCLUSIONS OF LAW
The Respondent by reason .of the foregoing is in violation of Section 4-1201 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 30 days (October 25, 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 October 25, 2002, the Respondent may be ordered to
pay a fine h~ the amount of one hundred fifty and no/100 dollars ($150,00) per day for each day
the violation continues beyond October 25, 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 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. .
Should the violation reoccur, the Board has the authority to impose the fine at that time . >
without.a subsequent hearing.
. Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resulting from a public hearing. A petition for rehearing must be made in writing and filed with
the Board Secretary no later than thirty days after the execution of the Order and prior to the
filing of any appeal. Upon receipt of the petition. the Board will consider whether or not to
reconsider or rehear the case. The Board will not hear oral argument or evidence in
deterlTlining whether to grant the petition to reconsider or rehear.
The motion was duly seconded and carried unanImously.
mcb0902
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09/25/02
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1 G) Case 36-02 .
Alex Arl Florida Co.
Key West Grill
2660 Gulf-to-Bay Boulevard
Development Code - Kurleman
Boarq Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on
the notice of hearing was obtained by certified mail. .
Rick Mitchell, Representative, admitted to the violation. He said the. company had
purchased the property four years ago. He said the site's landscape plan had been submitted
to the City in 1985. The company had spent $3,000 on landscaping and requested 30 more
days to. complete the project. Mr. Kurleman recommended 30 days to comply or a .$150 per
day fine be imposed.
Member Huffman moved that the Municipal Code Enforcement Board has heard
testimony at its regular meeting held on September 25, 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. Inspector Scott Kurleman for City,. and Rick Mitchell for
Respondent, and admission to the violation, it is evident the required landscape has not been
maintained on the subject property. '
CONCLUSIONS OF LAW
The Respondent by reason of the. foregoing is in violation of Sections 3-1204.B, 3-1204.1
and 3-1204.L 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 30 days (October 25, 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 October 25, 2002, the Respondent may be ordered to
. 'pay afine in the amount of one. hundred fifty and no/100 dollars ($150,00) per day for each day
the violation continues beyond October 25, 2002.
Who 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 Hen 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..
mcb0902
6
09/25/02
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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.fiIed 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,
ITEM #2 - Unfinished Business
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.2A) E. G. Bradford & Sons Inc.
111 S. Belcher Road .
. Development Code - Hofferle
. Member Huffman moved to accept the Affidavit of Non-Campl1ance and Issue the order
Im.posing the fine for Case #32-02. The motion was duly seconded and carried unanimously.
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. Item #3 - Other Board ActionlDiscussion
It was recommended members review the pamphlet received from the recent code
enforcement workshop in Lakeland. . . .
Item #4 - New Business - None;
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\'lr:'! Item #5 - Nuisance Abatement Lien FilinQs -: None.
. Item #6 - Approval of Minutes
Member Allbritton moved to approve the minutes of the regular meeting of August 28.
2002, as submitted in written summation to each board mamb'er. The motion was duly
seconded and carried una.nimously, . .'
Item #7 - Adiournment
The meeting adjourned at 3:59 p,m,
/Y;EJ~~(::il~;F~~
Chair
. Municipal Code Enforcement Board
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Attest:
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Secret t .the Board
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mcb0902
7'
09/25/02
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