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05/27/2009 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 27, 2009 Present: Douglas J. Williams Chair Richard Avichouser Vice-Chair Ronald V. Daniels Board Member Phillip J. Locke Board Member James B. Goins Board Member Michael Boutzoukas Board Member Absent: David W. Campbell Board Member Also Present: Camilo Soto Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall, followed by the Pledge of Allegiance. 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 days of the execution of the order. Florida Statute 286.0109 requires any party appealing a decision of this Board to have a record of the proceedings. 2. PUBLIC HEARINGS 2.1 Case 34-08 – Status Report – Cont’d from 1/28/09 Thomas C Jessup & Dorothy J. Jessup 1770 Drew St. Exterior Surfaces – O’Neil Property owner Thomas Jessup provided a status report on the project. He reviewed outstanding issues related to stormwater and land resources. He said the building permit should be obtained by week’s end and construction should begin within three weeks. Member Goins moved to schedule a status report on Case 34-08 for the meeting of August 26, 2009. The motion was duly seconded and carried unanimously. 2.2 Case 44-07 – Status Report – Cont’d from 3/25/09 Nickel Plate Properties, Inc. 2165 Gulf-to-Bay Boulevard Public Nuisance/Lot Clearing/Unmaintained r-o-w – Franco Code Enforcement 2009-05-27 1 Marion Hale, representing Nickel Plate Properties, provided a status report. She said the remaining structures will be removed next week and the property cleared; parking pads will be removed when the property is redeveloped. Member Boutzoukas moved to schedule a status report on Case 44-07 for the meeting of June 24, 2009. The motion was duly seconded and carried unanimously. 2.3 Case 20-09 – Cont’d from 4/22/09 Pinellas 3100 Trust c/o Bitman, Scott Tre 3100 Gulf-to-Bay Boulevard Nonconforming Structures/Uses, Development Code Violation – Franco Property owner Scott Bitman did not admit to the violation. Code Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on February 6, 2009, following the first inspection. Property photographs on February 24, 2009 showed a bay door open with repairs underway inside, a sign identifying the business as Cycle Masters, and motorcycles and automobiles displayed for sale between the nonconforming structure and street. This use is not allowed in the zoning district where the property is located. As the nonconforming structure was abandoned for at least six consecutive months, any future use needs to comply with the Development Code. The DMV (Department of Motor Vehicles) red tagged vehicles for sale that exceeded approval standards. Also, merchandise is offered for sale inside the structure. Planning Director Michael Delk reviewed the Code. The previous business had been closed for several years. He said Mr. Bitman acquired the property without due diligence and has operated this business for the past year without an occupational license. The business does not qualify for an occupational license due to the nonconforming nature of the property and business. The court determined that this use is not supportable in this location. While limited vehicle sales are permitted in the zoning district, that use is not allowed on this site as it abuts a residential property. Compliance can be achieved by ceasing current activities. Mr. Bitman complained that the City will not tell him what type of business he can operate on the property. He said he had done his due diligence before purchase by advertising his intentions and obtaining site approval and proper paperwork from the Florida DMV. He noted the property, which is across from the wastewater treatment plant, has had a similar use since the 1950s. He filed a flexible development application and paid the fee after the City denied his application for an occupational license. He said he had transformed a property that had been an eyesore and used by the homeless. He said nearby residents and businesses had signed a petition in support of his business. He felt the Code was unfair to small businesses and should be changed. Attorney for the Board Andy Salzman said DMV approval does not supersede local laws. Assistant City Attorney Camilo Soto said once the property is redeveloped, uses can be discussed. The property first must meet current code requirements. Empathy for Mr. Bitman was expressed but it was stated that board rulings must be based on the Code; the business must adhere to Code. Code Enforcement 2009-05-27 2 Member Daniels moved to find the Respondent in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Franco recommended the property comply by June 10, 2009 or a fine of $250 per day be imposed. She reported 13 citations had been issued and dealt with through the Court system. The City’s Public Utility Department had shut off water and garbage pickup to the property three times. There is a past due amount and fees owed to the City. Attorney Soto submitted a copy of the PowerPoint presentation. Member Daniels moved to enter an order requiring the Respondent to correct the violation on or before June 10, 2009. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on May 27, 2009, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issued the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident the proposed use is not allowed in the zoning district in which the property is located. The proposed use of the nonconforming structure had been abandoned for at least six consecutive months and any future use needs to be brought into compliance with the Code. CONCLUSIONS OF LAW The Respondent(s) is in violation of the City of Clearwater Code Section(s) 6-102.E, 6- 103.D, & 1-104.B, as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by June 10, 2009. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails to 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 property owned by the Respondent(s), 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 filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to Code Enforcement 2009-05-27 3 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. 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. DONE AND ORDERED this 27th day of May 2009, at Clearwater, Pinellas County, Florida. 2.4 Case 25-09 – Cont’d from 4/22/09 Frank Persechino Lina Teixeira 402 Marshall Street Exterior Surfaces, Roof Maintenance, Door & Window Openings – Ruud Attorney Soto reported that the violations have been corrected and the property is in compliance. Staff reviewed the case and requested a declaration of violation without a fine. Member Locke moved to find that the Respondent(s) were in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded. Members Avichouser, Daniels, Locke, and Goins and Chair Williams voted “Aye.” Member Boutzoukas declared a conflict of interest and abstained. Motion carried. Member Locke moved to enter an order that no fine be imposed against the Respondents. If the Respondent(s) repeat the violation, the Board may order a fine for each day the violation continues to exist after the Respondent(s) are notified of the repeat violation. The motion was duly seconded. Members Avichouser, Daniels, Locke, and Goins and Chair Williams voted “Aye.” Member Boutzoukas abstained. Motion carried. This case came before the City of Clearwater Code Enforcement Board on May 27, 2009, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issued the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 3- 1502.B, 3-1502.D & 1502.C.1 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondents. The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Code Enforcement 2009-05-27 4 Board may order the Respondent(s) to pay a fine for each day the violation exists after the Respondent(s) is/are 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. 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 determining whether to grant the petition to reconsider or rehear. 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. DONE AND ORDERED this 27th day of May 2009, at Clearwater, Pinellas County, Florida. 2.5 Case 28-09 S I D Clearwater Marina LLC 880 N Osceola Avenue Fence Maintenance/Fence Standards – Ruud Staff reported that Case 28-09 had been withdrawn. 2.6 Case 29-09 A E C Sunset Point LLC 2754 Sunset Point Road Commercial Parking Restrictions/Development Code Violations – Brown Member Boutzoukas moved to continue Case 29-09 to the meeting of June 24, 2009. The motion was duly seconded and carried unanimously. 3. UNFINISHED BUSINESS 3.1 Case 37-06 Affidavit of Compliance Meek, John H Trace III/Wells Fargo Bank NA Allbritton, David 811 Druid Road E Permits/Inspections – Stanley 3.2 Case 35-07 – Affidavit of Compliance Florence Panteles 1721 Penny Lane Clearwater, FL 33756 3.3 Case 15-09 Affidavit of Compliance Robert Feely 130 Leeward Island Code Enforcement 2009-05-27 5 Public Health Safety/Pool Maintenance - Franco 3.4 Case 15-09 Affidavit of Non-Compliance Robert Feely 130 Leeward Island Graffiti - Franco Member Daniels moved to accept the Affidavits of Compliance for Cases 37-06, 35-07, and 15-09 and to accept the Affidavit of Non-Compliance and issue the Order imposing a fine for Case 15-09. The motion was duly seconded and carried unanimously. 4. OTHER BOARD ACTION/DISCUSSION Attorney Salzman discussed Board absences and indicated removal of one of the Board members is being considered due to excessive absences. 5. NUISANCE ABATEMENT LIEN FILINGS: 5.1 C D B Holdings Inc 1209 N Garden Avenue 09-29-15-25920-000-0370 PNU2009-00156 $200.00 Member Avichouser moved to accept the Nuisance Abatement Lien filing. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - April 22, 2009 Member Goins moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of April 22, 2009, as submitted in written summation to each Board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 3:57 p.m. ..rt-'-;/fl,J... ~ {C, o:\~ ~~ Chai, Muni ipal Code Enforcement Board Attest: ~/2~ Secre tHe Board Code Enforcement 2009-05-27 6