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11/09/1988 MUNICIPAL CODE ENFORCEMENT BOARD November 9, 1988 Members present: Robert Aude, Chairman Phillip N. Elliott, Vice-Chairman James Angelis (arrived 1:20 p.m.) Frank Morris Bruce Cardinal William Murray Absent: Tim Amburgy (unexcused) Also present: Rob Surette, Assistant City Attorney Cynthia E. Goudeau, City Clerk Ken Feldhausen, Secretary to Municipal Code Enforcement 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 1:05 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 List 88-11-1, Public Nuisance The Chairman asked if anyone was present to be heard concerning List 88-11-1, public nuisance violations. There was no response. Case No. 122-88 S & I, Inc. d/b/a Seven Oaks Service Center (Sign Code) (cont. from 10/12/88) Complied Prior The Secretary to the Board requested this case be withdrawn as the violation has been corrected. Mr. Elliott moved to withdraw Case No. 122-88. The motion was duly seconded and carried unanimously. Case No. 124-88 David L. Johns d/b/a Bay Area Child Care Assoc. (Occupational License) Complied Prior The Secretary to the Board requested this case be withdrawn as the violation has been corrected. Mr. Elliott moved to withdrawn Case No. 124-88. The motion was duly seconded and carried unanimously. Case No. 125-88 Mihailo & Azra Jevtic 866 Harbor Island (Land Development Code) Carol Cicero, Development Code Inspector, stated she observed two large (commercial) boats and one smaller (pleasure craft) boat docked at 866 Harbor Island. Complaints had been received regarding the two larger "commercial" boats. Ms. Cicero informed the owners that storage of more than two boats in residential zoning is a violation of the City code. She was told the larger commercial boat is for sale. Ms. Cicero gave the owners a 30 day extension and reinspected on August 15 and September 7, 1988 at which time the boats were still docked at that address. City submitted exhibit #1, a zoning map of the property. The Assistant City Attorney requested the Board take judicial notice of Sections 135.004(b), 135.020 and 137.005 (definitions). Ray Peacock, representing the owners, stated no commercial activity is going on. He stated the owners have been trying to sell the boats for a year, and have since changed the registration on one of the commercial boats to pleasure craft. He also expressed concern that the Building Department issued a building permit for the additional slip thus allowing the three boats to be docked. Discussion ensued regarding whether the removal of one boat would put the owners in compliance. Ms. Cicero stated it was not just the number of boats but the number of slips. It was suggested the owners remove one slip or apply for a conditional use. City submitted composite exhibit #2, three photographs of the boats taken November 9, 1988. Defendant submitted composite exhibit #1, six photographs showing neighboring properties with several boats docked. Mr. Cardinal recommended the case be continued as there is some question as to what action the owners need to take to come into compliance. Concerns were also expressed regarding the building permit having been issued. Ms. Jevtic indicated she would not be in town for the December meeting. Mr. Morris moved to continue Case No. 125-88 to the meeting of January 11, 1989. The motion was duly seconded and carried unanimously. Case No. 126-88 Michael Podniestrzanski 1216 N. Ft. Harrison Ave. (Land Development Code) Michael Podniestrzanski stated he has operated his used car sales and service business since 1979. He stated he does have vehicles stored in the lot next to the sales office from which parts are used for repair of other vehicles. Carol Cicero, Development Code Inspector, stated the violation regarding junk cars and parts has been going on for some time at 1216 N. Ft. Harrison Ave. She stated Mr. Podniestrzanski has been clearing the front of his property, but the neighborhood association still has complaints regarding the fenced-in area still containing salvage and scrap parts. Ms. Cicero cited Section 135.004(b) of the City Code, which prohibits use of property inconsistent with its zoning designation, neighborhood commercial zoning, which does not permit a junk yard/salvage business. The Assistant City Attorney requested the Board take judicial notice of the applicable code sections, 135.004(b) and 135.097. City submitted exhibit #1, a current zoning map of the property. In response to a question, the Inspector stated the general commercial zoning in effect prior to 1985 would have required a special exception for junk/salvage use which was never obtained or applied for. She stated only sales and service was grandfathered in. John Cavanaugh, representing the homeowner's association and witness for the City, stated he had taken four photographs of the property at 1216 N. Ft. Harrison Ave., two on October 30 and two on November 6, 1988. City submitted composite exhibit #2 a-d, the four photographs taken by Mr. Cavanaugh. Mr. Cavanaugh stated he has observed towing of junk vehicles onto the property. He stated on October 25th at 5:30 p.m., he observed two junk cars being unloaded with a forklift from a flatbed truck. One car had windows and windshield missing, the other had wheels and a fender missing. Mr. Cavanaugh stated on several occasions he observed cars, with the fork protruding through, picked up and taken to the back yard. Mr. Podniestrzanski stated he has improved upon the condition of the property as many cars have been removed, but there is still some debris remaining. He stated he is not operating a junk yard. He is trying to handle the problem but was unsure what exactly he needed to do. He has since been informed by a City Sanitation Inspector what action will bring him into compliance. In closing, the Assistant City Attorney stated, based on admissions of Michael Podniestrzanski and the photographs and testimony of Mr. Cavanaugh and Carol Cicero, it is obvious the cars in the photos are junk vehicles as defined. Mr. Podniestrzanski is selling parts off the vehicles which constitutes a salvage business which is not a permitted use under the current or previous code. He requested Mr. Podniestrzanski be given a reasonable length of time to comply. Mr. Cardinal moved that concerning Case No. 126-88 regarding violation of Section 135.004(b) of the Clearwater City Code on property located at 1216 N. Ft. Harrison Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of November, 1988, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Michael Podniestrzanski, Carol Cicero, Development Code Inspector, and John Cavanaugh, and viewing the evidence, exhibits submitted: City exhibit #1, a zoning map of the property and #2, photographs of the property taken October 30 and November 6, 1988, it is evident that there is a non-conforming use of the property as a salvage yard. The Conclusions of Law are Michael Podniestrzanski is in violation of Section 135.004(b) of the Clearwater City Code. It is the Order of this Board that Michael Podniestrzanski shall comply with Section 135.004(b) within 60 days. If Michael Podniestrzanski does not comply within the time specified, the Board may order him to pay a fine of $50.00 per day for each day the violation continues to exist. If Michael Podniestrzanski 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 violator pursuant to Chapter 162, Florida Statutes. Upon complying, Michael Podniestrzanski shall notify Carol Cicero, the City Official who shall inspect the property and notify the Board of compliance. Should the violation recur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. Done and Ordered this 9th day of November, 1988. Case No. 127-88 Michael Podniestrzanski 500 N. Ft. Harrison Ave. (Land Development Code) Carol Cicero, Development Code Inspector, stated she inspected the property at 500 N. Ft. Harrison on September 13, 1988 and observed what appeared to be restaurant and other equipment, chairs, etc. all over the property. She stated there was a sign in the window stating restaurant equipment for sale, but the business was not open. City submitted exhibit #1, a map of the property showing the general commercial zoning, and composite #2, four photographs taken October 28, November 2 and 9, 1988. Ms. Cicero stated the use is inconsistent with the zoning of the property as general commercial does not permit outdoor/retail sales display and/or storage without a conditional use. She stated Mr. Podniestrzanski applied to the Planning and Zoning Board in January for a conditional use and was denied. Ms. Cicero stated to her knowledge the shop has not been open since, but the sign is still in the window and the property has been scattered with equipment. She stated as of the morning of the hearing, a majority of the junk has been cleared but there is still quite a bit of debris on the side of the building covered by some kind of fence. She informed Mr. Podniestrzanski he needs to remove that debris also to come into compliance. Mr. Podniestrzanski stated he thought he had sold the property in January, 1988, which was the reason for applying for the conditional use as the purchaser wanted to put in a used car lot. The sale was not completed. The debris came from tenants who used the property as a thrift shop. He had problems removing the tenants and has since worked with the Sanitation Division to remove debris. The sign belonged to the tenants. Mr. Podniestrzanski was informed he needs to remove shelving, debris on the side of the building and the sign to come into compliance. Mr. Cardinal moved that concerning Case No. 127-88 regarding violation of Section 135.004(b) of the City Code on property located at 500 N. Ft. Harrison Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of November, 1988, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Carol Cicero, Development Code Inspector, and Michael Podniestrzanski and viewing the evidence, exhibits submitted: City exhibit #1, a zoning map of the property and #2, photographs of the property taken October 28, November 2 & 9, 1988, it is evident that there exists or existed an outdoor retail sales establishment. The Conclusions of Law are Michael Podniestrzanski is in violation of Section 135.004(b) of the Clearwater City Code. It is the Order of this Board that Michael Podniestrzanski shall comply with Section 135.004(b) within 60 days. If Michael Podniestrzanski does not comply within the time specified, the Board may order him to pay a fine of $50.00 per day for each day the violation continues to exist. If Michael Podniestrzanski 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 violator pursuant to Chapter 162, Florida Statutes. Upon complying, Michael Podniestrzanski shall notify Carol Cicero, the City Official who shall inspect the property and notify the Board of compliance. Should the violation recur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. Done and Ordered this 9th day of November, 1988. UNFINISHED BUSINESS Case No. 8-88 Joseph Simonelli 860 Eldorado Ave. address Board re fine Donald McFarland, attorney representing Mr. Simonelli, stated Mr. Simonelli purchased the property two years ago and began renovation. After the construction of the fence, deck and steps, they applied for the necessary permits and found variances were required for the deck and stairs and in regard to the location in relation to the water from the Florida Department of Natural Resources. He stated the DNR issued the necessary permit in July and Mr. Simonelli acquired the City of Clearwater permit in August. Mr. McFarland requested the Board waive the fine entirely. The Assistant City Attorney stated he was made aware of the problems obtaining the necessary permits and believes good faith efforts have been ongoing. The property is now in compliance. Mr. Cardinal moved to reduce the fine to $100 to reimburse the City for time expended. The motion was duly seconded and carried unanimously. LC List 88-09-1 Item No. 2 Henry L. Moore 808 Pennsylvania Ave. Inspector's status report Vicki Neimiller, Sanitation Inspector, stated Mr. Moore has added approximately two feet to the tile fence since last month. Ms. Neimiller was informed a written report would be sufficient for future status reports on this property. LC List 88-09-1 Items No. 3 & 4 Robert. J. Kiefer 1950 Los Lomas Drive Affidavit of Compliance Mr. Elliott moved to accept the Affidavit of Compliance in Item Nos. 3 & 4, LC 88-09-1. The motion was duly seconded and carried unanimously. Case No. 123-88 TransOhio Savings Bank 850 Bayway Blvd. Affidavit of Non-Compliance Affidavit of Compliance The affidavit of non-compliance was withdrawn. Mr. Cardinal moved to accept the affidavit of compliance. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report The Fine Status Report was reviewed. Discussion ensued regarding the need for a determination of when to file a lien if compliance has not been reached and the fine is still accruing. Amendment to Rules & Regulations - Article VII, Section 1 The amendment relates to Public Nuisance and False Alarm violations which do not require the filing of affidavits with the Secretary of the Board, City Clerk Department. Mr. Angelis moved to amend Article VII, Section 1 by adding except violations of Sections 94.02 and 95.04 after "All actions before the Board". The motion was duly seconded and carried unanimously. The City Clerk stated, pursuant to Florida Statutes regarding attendance, Mr. Tim Amburgy is officially removed from the Board. NEW BUSINESS - None. MINUTES Mr. Elliott moved to accept the minutes of the meetings of September 14, 1988, October 12, 1988 and October 26, 1988. The motion was duly seconded and carried unanimously. The meeting adjourned at 3:35 p.m.