02/10/1993
MUNICIPAL CODE ENFORCEMENT BOARD
February 10, 1993
Members present:
William Murray, Chairman
D. Wayne Wyatt, Vice-Chairman
Stephen D. Swanberg
Louise C. Riley
E.J. Robinson
Absent:
Thomasine Fontana-Smith (unexcused)
7th Seat Vacant
Also present:
Miles Lance, Assistant City Attorney
Andy Salzman, Attorney for the Board
Cynthia E. Goudeau, Secretary for the Board
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
The meeting was called to order by the Chairman at 3:00 p.m. in the Commission Meeting
Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a
final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas
County. Any such appeal must be filed within thirty (30) days of the execution of the order to be
appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this
Board to have a record of the proceedings to support such an appeal.
PUBLIC HEARINGS
Peter and Patricia Nichols
Case No. 8-93
606 N. Greenwood Avenue
(Land Development Code)
;
Continued from 1/27/93Complied Prior
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Casual Elegance Window Treatment
Case No. 9-93
843 Eldorado Avenue
(Land Development Code)
;
Continued from 1/27/93Complied Prior
Member Swanberg moved to withdraw Case Nos. 8-93 and 9-93. The motion was duly
seconded and carried unanimously.
Leonard A. McCue
Case No. 11-93
18538 N. U S 19
(Land Development Code)
In response to a question whether he agreed the violation did exists, Mr. McCue stated he
does not have any first hand knowledge of the violation.
Janice King, Code Enforcement Inspector, stated the violation was first noticed during a
Saturday inspection on December 5, 1992. Ownership was verified through the Property
Appraiser's Office and notice of the violation was issued December 10, 1992 by certified mail with
compliance due December 17, 1992. The certified mail receipt was signed for December 14,
1992. City submitted composite exhibit A, photographs of the property taken December 5 and
December 19, 1992. The property was inspected again on February 9 and February 10, 1993 and
the violation did not exist.
In response to questions, the Inspector stated the December 5, 1992 photo was taken by
the Saturday inspector; she photographed the violation on December 19, 1992. She stated the
violation has not been observed in the past month.
Mr. McCue expressed concern that the Inspector presenting the case did not witness the
initial violation, and objected to the admission of the first photograph as evidence.
Mr. Salzman, Attorney for the Board, stated a photograph should be submitted into
evidence only when testified to it being a fair representation of the condition of the property on that
date. This can be established with an affidavit from the inspector who photographed the violation.
Mr. McCue questioned whether the Inspector informed anyone at the business at the time
the violation was first noticed, and it was stated they had not. He stated the notice of violation
received was not descriptive enough regarding the violation.
Concern was again expressed that the Inspector who originally cited the violation was not
presenting the case. Mr. McCue requested the case be dismissed, stating the violation has been
corrected and will not happen again.
Member Riley moved to dismiss Case No. 11-93. The motion was duly seconded and
carried unanimously.
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- None
UNFINISHED BUSINESS
OTHER BOARD ACTION
Scheduling sign cases
The Secretary informed the Board there are a number of sign code violations, as a result of
the sign amortization period, soon to be brought to the Board. The Board was requested to
consider how they may want to handle these as the Code Enforcement Division suggested this
may be a heavy load. Options given included meeting once per week, limiting the number of
cases, and establishing a second code enforcement board.
Consensus was to process as usual until the impact of these cases can be determined.
OTHER BUSINESS
Regarding Case No. 36-92, Auto Clinic J&M Corporation, the Secretary stated
Mr. Walsh has submitted a letter to inform the Board he is not ignoring their order. Mr. Walsh has
submitted videotapes of the property for viewing the situation.
The Secretary informed the Board members of Mr. Zinzow's resignation stating there are
few volunteers to fill the vacancies. It was also stated that due to unexcused absences
Thomasine Fontana-Smith is subject to removal.
- The meeting adjourned at 3:37 p.m.
ADJOURN
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