Loading...
06/24/2009 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 24, 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 Empty Seat Board Member Also Present: Andy Salzman Attorney for the Board Camilo Soto Assistant City Attorney 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 44-07 – Status Report – Cont’d from 5/27/09 Nickel Plate Properties, Inc. 2165 Gulf-to-Bay Boulevard Public Nuisance/Lot Clearing/Unmaintained r-o-w – Franco Marion Hale, representing Nickel Plate Properties, said rubble removal will begin on June 29, 2009. Two weeks later, the lot will be completely cleared. Member Boutzoukas moved that Case 44-07 be closed as no further action was necessary. The motion was duly seconded and carried unanimously. 2.2 Case 29-09– Cont’d from 5/27/09 A E C Sunset Point LLC 2754 Sunset Point Road Commercial Parking Restrictions/Development Code Violations – Brown Representative Attorney Herb Elliott admitted a tractor trailer was on the property but disputed that a violation existed. Code Enforcement 2009-06-24 1 Inspector Shelby Brown provided a PowerPoint presentation. Violations at 2754 Sunset Point Road relate to storing a tractor trailer on a property not zoned commercial or considered to be a commercial area which is not allowed by code. The notice of violation was issued on March 11, 2009, following the initial inspection. Photographs taken on February 25, April 17, and June 23, 2009 show a tractor trailer parked on institutional zoned property near a residence. The tractor trailer has neither current registration nor plates. Several times, staff requested the trailer be removed. The City has not received an application to rezone the property. A neighbor and the abutting homeowners association have complained about the tractor trailer. Attorney Elliott submitted exhibits. Respondent Kamran Rouhani, President of Aviation Engineering Consultants, Inc. said the firm manufactures aviation parts and has been at this location since November 2001. He said when he approached the City in 2001, staff expressed no objections to his company’s operation and encouraged its potential growth. He said the City renewed its occupational license every year since. He said manufacturing was part of the business description on the 2003 occupational license application. Mr. Rouhani said necessary materials are stored in the tractor trailer, which has been onsite since 2001. He said the tractor trailer recently was relocated to the rear of the property due to vandalism. To address neighbor concerns, he said he offered to plant trees as a buffer, had signs removed from the tractor trailer, and had it painted the same color as onsite buildings. He said the firm’s recent application to build a canopy over the tractor trailer was denied. He said the Planning Director had advised him he could apply to construct additional storage space. Planning Manager Robert Tefft said the property was zoned institutional since 1999 and prior was equivalent. The City cannot permit the canopy as parking a tractor trailer onsite is not an approved use. Current use of the site is non-conforming; the City does not allow expansion of nonconforming uses. He said the original 2002 occupational license, approved for consulting, was issued in error. This year’s business tax receipt, amended to include manufacturing, was issued in error. The City is in the process of revoking the manufacturing use. Staff opposes changing the property’s zoning to commercial. Mr. Elliott said the City admits to issuing occupational licenses in error. He said Aviation Engineering Consultants had spent $8 million to purchase and update the property based on City errors. He expressed concern regarding City plans to revoke the occupational license. He said if the company is not permitted to expand the building or to build a canopy over the trailer, it has no choice but to store materials in the tractor trailer. He requested one year to comply with Code to provide the company sufficient time to obtain a zoning change. Mr. Rouhani said he had approached the City before purchasing the property and staff had looked up the Code, sent an inspector to the site, and advised him that his business was a permitted use. Assistant City Attorney Camilo Soto submitted composite exhibits. Inspector Brown recommended compliance by July 8, 2009 or a fine of $150 per day be imposed. Member Goins moved to find the Respondent(s) 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. Code Enforcement 2009-06-24 2 Mr. Elliott said this is not an urgent health and safety issue. Mr. Rouhani said equipment inside the tractor trailer is essential for company operations. He said it would take a year to rezone the property. He said he is trying to overcome a difficulty and the 20-acre property has sufficient space to park the tractor trailer away from neighbors. Member Goins moved to enter an order requiring the Respondent to correct the violation on or before August 25, 2009. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist. The motion was duly seconded. Discussion ensued and it was noted that the City had allowed the tractor trailer to be onsite for a long time and related issues will take time to resolve. Mr. Rouhani requested six months to comply, stating he will report on progress to the Board in August. Staff was requested to work with the firm if the process to change the zoning is progressing. Upon the vote being taken, the motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on June 24, 2009, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident a semi truck trailer is being stored on property not zoned for commercial use. The Respondent was present and had representation. CONCLUSIONS OF LAW The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1408, and 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 August 25, 2009. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150.00 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 Shelby Brown, 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. Code Enforcement 2009-06-24 3 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 24th day of June 2009, at Clearwater, Pinellas County, Florida. 2.3 Case 30-09 Randall E & Deborah E Barnhart 143 Bayside Drive Overnight Accommodations – Franco Property owner Deborah E Barnhart requested a continuance. Attorney Soto objected, stating the City wants this case to go forward. Member Locke moved to continue Case 30-09 to July 22, 2009. The motion was duly seconded and carried unanimously. 3 - UNFINISHED BUSINESS 3.1 Case 37-05 - Affidavit of Compliance Johnie Blunt 1321 Martin Luther King Jr. Avenue Fences, Lot Clearing – Ruud 3.2 Case 38-05 – Affidavit of Compliance Johnie Blunt 1217 Martin Luther King Jr. Avenue Exterior Surfaces, Lot Clearing – Ruud 3.3 Case 39-05 – Affidavit of Compliance Johnie Blunt 1104 Tangerine Street Landscaping Required, Lot Clearing – Ruud 3.4 Case 56-06 – Affidavit of Compliance Mary M. Jones 2021 Oakdale Way Exterior Storage – Ruud Code Enforcement 2009-06-24 4 3.5 Case 21-07 – Affidavit of Compliance M H Lending, LLC 1104 Carlton Street & 1405 Martin Luther King Jr. Avenue Property Maintenance – Ruud 3.6 Case 16-08 – Affidavit of Compliance Cheryl Woodruff 710 Ruskin Road Public Nuisance, Exterior Surfaces - Phillips 3.7 Case 15-09 – Affidavit of Compliance Robert Feely 130 Leeward Island Graffiti – Franco 3.8 Case 21-09 – Affidavit of Compliance Vas & Judith Vasilevski 600 Pennsylvania Avenue Lot Clearing, Unmaintained R-O-W – Ruud 3.9 Case 23-09 – Affidavit of Compliance Trust No 206 c/o Daniel Kingsbury Tre 206 Pennsylvania Avenue Graffiti – Ruud 3.10 Case 22-09 – Affidavit of Non-Compliance Trust No 206 206 Pennsylvania Avenue Exterior Surfaces – Ruud 3.11 Case 24-09 – Affidavit of Non-Compliance Martin & Rhonda Renee Sherman Kenneth & William J. Shea 802 Jurgens Street Windows, Door & Window Openings, Exterior Surfaces - Ruud 3.12 Case 27-09 – Affidavit of Non-Compliance Johnny L. Daniels Est. 1405 N. Garden Avenue Roof Maintenance, Window & Door Openings, Exterior Surfaces - Ruud Member Avichouser moved to accept the Affidavits of Compliance for Cases 37-05, 38- 05, 39-05, 56-06, 21-07, 16-08, 15-09, 21-09, and 23-09 and to accept the Affidavits of Non- Compliance and issue the Orders imposing fines for Cases 22-09, 24-09 and 27-09. The motion was duly seconded and carried unanimously. Code Enforcement 2009-06-24 5 4. OTHER BOARD ACTION/DISCUSSION 4.1 Case 16-08 Fine Reduction Hearing Cheryl Woodruff/HSBC Bank USA 710 Ruskin Road Public Nuisance, Exterior Surfaces – Phillips (Fine - $51,750) Representative Stephanie See reviewed the bank’s acquisition of the property and discovery of fines. A buyer plans to rehab the home. Inspector Brown said the property looks better now than ever before. The Board Attorney said administration costs total $1,000. Member Daniels moved to enter an order reducing the fine for Case 16-08 to administration costs of $1,000, payable within 7 days. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on June 24, 2009, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent and considering that the property is now in compliance, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated August 27, 2008, as recorded in O.R. Book 16375, Pages 2685-2690, of the public records of Pinellas County, Florida, is hereby reduced to administrative costs of $1,000 payable to the Petitioner within seven days of the date of this Order. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $51,750 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 24th day of June 2009, at Clearwater, Pinellas County, Florida. 5. NUISANCE ABATEMENT LIEN FILINGS: Heather A. Howells PNU2009-00014 & PNU2009-00015 2675 Concorde Court 20-28-16-16801-000-1960 $320.00 An Pham & Minh Dam PNU2009-00176 1601 N. Osceola Avenue 09-29-15-55530-000-0250 $335.00 Patricia A. Massard PNU2009-00162 & PNU2009-00163 1424 S. Betty Lane Code Enforcement 2009-06-24 6 Kathleen M Siewak & Ferdinand Barlow 1573 Coach makers Lane 06-29-16-16860-000-1550 PNU2008-02512 $1,551.73 Sobota, Michael A. Est. 2472 Burnice Drive 19-29-16-92340-002-0180 PNU2009-00633 $432.30 Alfanso Hayden 721 Mandalay Avenue 05-29-15-54666-013-0060 PNU2009-00616 Marcos R. Rojas 812 Willowbranch Avenue 13-29-15-22626-000-0120 $275.00 PNU2009-00859 $425.60 Phuong M Doan & Vien Ma 2470 Druid Road 18-29-16-22789-000-0050 PNU2009-00872 $329.90 Member Avichouser moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - May 27,2009 Member Locke moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of May 27,2009, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 4:11 p.m. ~ ' I l~~ _- C ai Muni ipal Code Enforcement Board Attest: kMuJ(~ Otdf - Secretary to the Board Code Enforcement 2009-06-24 7