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01/11/1989 MUNICIPAL CODE ENFORCEMENT BOARD January 11, 1989 Members present: Robert Aude, Chairman Phillip N. Elliott, Vice-Chairman Frank Morris Bruce Cardinal William Murray William Zinzow Absent: James Angelis (excused) Also present: Rob Surette, Assistant City Attorney Kenneth Feldhausen, 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 1:07 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. The Chairman welcomed the Board's new member, William A. Zinzow. PUBLIC HEARINGS Public Nuisance List 89-01-1 The Chairman of the Board asked if anyone was present regarding any of the items on the list. There was no response. The Assistant City Attorney requested the Sanitation Inspector state the facts regarding the items on the list for the record. Item #1 Kirk Driver, Douglas J. Burns Lots 14 & 15, G.L. Bidwells Oakwood Sub. a/k/a 606-608 North Fort Harrison Ave. Vicki Neimiller, Sanitation Inspector, stated she verified ownership and notified the owners of the violation by certified mail. She stated she first inspected the property, a vacant lot, on December 6, 1988. The lot was overgrown and full of debris. Ms. Neimiller stated the lot has been mowed but the debris and still remains and the sidewalk has not been cleared of the overgrowth. Item #2 Anne M. Caballero M&B 32.05, Sec. 2-29-15 a/k/a 1453 Sunset Point Rd. Vicki Neimiller, Sanitation Inspector, stated she verified ownership and notified the owner by certified mail of the violation. She stated the property is overgrown and as of this morning, the violation still exists. Item #3 Sharon L. Jackson, Trustee Lot 8, Blk. D, Sunset Point 1st Addn. a/k/a 1844 Overbrook Dr. Vicki Neimiller, Sanitation Inspector, stated ownership was verified and notice of violation was sent certified mail to the owner. She stated the property was overgrown and there was a pile of brush on it. Ms. Neimiller stated as of this morning, the property was still in violation. The Assistant City Attorney requested the Board take judicial notice of the Code sections cited regarding Items 1-3, Public Nuisance List 89-01-1. Case No. 125-88 Mihailo & Azra Jevtic (Land Development Code) (Cont. from 11/9/88) The Secretary to the Board requested this case be withdrawn as the violation has been corrected. Mr. Cardinal moved to withdraw Case No. 125-88. The motion was duly seconded and carried unanimously. Case No. 129-88 John C. Gardner (Standard Housing Code) The Inspector requested this case be continued to the February meeting as the violation is being corrected. Mr. Elliott moved to continue Case No. 129-88 to the meeting of February 8, 1989. The motion was duly seconded and carried unanimously. Case No. 130-88 John Mavrogiannis d/b/a Import Auto Clinic (Land Development Code/Signs) Geri Doherty, Development Code Inspector, stated she observed the signs in question on or about September 26, 1988. She stated she also received a complaint regarding the signs in question. She stated Sections 134.013(a) and 134.017(a)(1) require all signs be permitted and consistent with the City Code. The zoning in the eastern corridor of urban center is commercial. The Assistant City Attorney requested the Board take judicial notice of the Code sections cited. The City submitted Composite Exhibit A, four photographs of the property taken January 4, 1989, depicting the signs on the property. Ms. Doherty stated a permit was issued for a 56 square foot wall sign which constituted their one allowable property I.D. sign. She stated no other permits were issued, however, there are 22 additional signs on the building including many logo type signs of different make cars and the Import Auto Clinic signage which wraps around all four sides of the building. Ms. Doherty stated the permit issued was for one sign on the front of the building only. She spoke with the violator and sent a notice of violation on October 12, 1988 and another notice on November 9, 1988. Ms. Doherty stated each logo constitutes a sign for which no permits have been issued. In response to questions, Ms. Doherty stated it is possible to turn all the logos into one sign providing it does not exceed the square footage allowed. She stated an amended sign permit was issued to list the permitted sign as the property I.D. sign instead of the business I.D. sign. In response to a question regarding Code requirements for how the square footage of a sign is calculated, Ms. Doherty stated the Code Administrator provides interpretations of the Development Code. Ms. Doherty stated the sign painter applied for the permit that was issued and supplied a drawing of the sign depicting 56 square feet of signage. The City submitted Exhibit B, a copy of the application for the permit for the Import Auto Clinic sign. John Mavrogiannis, owner of the property, stated all the signs were painted at the same time. The drawing was submitted after the application was filed but prior to the issuance of the permit. When questioned regarding the square footage depicted on the application, Mr. Mavrogiannis stated it was determined by the City. He stated Ms. Doherty informed him he was allowed an additional 124 square feet of signs. In response to a question, Mr. Mavrogiannis stated his intent was to place all the signage when the application was filed. Ms. Doherty stated the drawing of the sign on the north side of the building was submitted prior to issuance of the permit at which time she was not aware of the additional signage. She stated the permit is for the sign "Import Auto Clinic" on the front of the building. In response to questions, Ms. Doherty stated the size was calculated by Code requirements. She stated the size on a permit is all that is permitted even if actual allowance per zoning is larger. She stated the total square footage that could be allowed is 128 square feet and the existing signage is approximately 237 square feet. Attorney George Greer moved to dismiss the case as the Code is vague and subject to interpretation. The Assistant City Attorney stated Section 137.031 gives the responsibility of Code interpretation to the Code Administrator. Attorney Greer again requested dismissal based on 1) Article IV, Florida Construction Code and 2) the sign code is vague and ambiguous. Consensus of the Board was to deny Mr. Greer's motions to dismiss as they are not empowered to debate the legality of the Code. In closing the Assistant City Attorney stated the alleged violator failed to obtain permits for the additional signs. He stated the permit was issued for the sign "Import Auto Clinic" on the front of the building. Mr. Greer stated his client obtained a sign permit and was under the impression he could have his signs put on the building. Discussion ensued regarding the calculation of the size of the signage if all were to be considered as one sign and the signs still exceed allowable square footage. Mr. Cardinal moved that, concerning Case No. 130-88 regarding violation of Sections 134.013(a) and 134.017(a)(1) of the Clearwater City Code on property located at 1261 Cleveland St., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of January, 1989, 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 Geri Doherty, Development Code Inspector, John Mavrogiannis and George Greer, attorney representing Mr. Mavrogiannis, and viewing the evidence, exhibits submitted: City exhibits A & B, it is evident signs at said business exceeds that allowable by City Code and signs were placed without permits. The Conclusions of Law are: John Mavrogiannis d/b/a Import Auto Clinic is in violation of Sections 134.013(a) and 134.017(a)(1). It is the Order of this Board that John Mavrogiannis shall comply with Sections 134.013(a) and 134.017(a)(1) of the Code of the City of Clearwater within 60 days (3/13/89). If John Mavrogiannis does not comply within the time specified, the Board may order him to pay a fine of $25.00 per day for each day the violation continues to exist. If John Mavrogiannis 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, John Mavrogiannis shall notify Geri Doherty, 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 upon the vote being taken, Mr. Aude, Mr. Cardinal, Mr. Elliott, Mr. Angelis, Mr. Morris and Mr. Zinzow voted "aye." Mr. Morris voted "nay." Motion carried. Done and Ordered this 11th day of January, 1989. Case NO. 131-88 Al Clark, Incorporated (Life Safety Code) 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. 131-88. The motion was duly seconded and carried unanimously. Case No. 138-88 Antonios Markopoulos (Building Code) 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. 138-88. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report The Fine Status Report was reviewed. Case No. 119-87 Jeralne Burt (Fire Code) and Case No. 147-87 Jeralne Burt (Unsafe Buildings) Discussion ensued regarding the current status of the subject property located at 1113 Tangerine Street. The Board requested the Building Inspector revisit the property. Mr. Elliott moved to direct foreclosure proceedings in Case Nos. 119-87 and 147-87. The motion was duly seconded and carried unanimously. Case No. 143-87 Roberto DiGiovanni (Land Development Code) The Board directed the Secretary to send a letter to Mr. DiGiovanni informing him the Board can direct foreclosure if payment is not received. Case No. 58-88 Anne Graffunder d/b/a P.M.M. Capital, Inc. (Occupational License) and Case No. 70-88 Craig Burlett d/b/a Century Soft Water Co. Inc. (Occupational License) Mr. Cardinal moved to file the liens in Case Nos. 58-88 and 70-88. The motion was duly seconded and carried unanimously. NEW BUSINESS Discussion - Rules and Regulations Discussion ensued regarding some of the current rules and regulations that need review. Some of the items suggested for further discussion were meeting times, agendas, attendance, yearly organizational meeting, and process of subpoenas. Consensus was to schedule further discussion for February 8, 1989 after the regular meeting. Election - Chairman and Vice-Chairman Mr. Cardinal moved to elect Mr. Elliott as Chairman and Mr. Aude as Vice-Chairman. The motion was duly seconded and carried unanimously. MINUTES Mr. Elliott moved to approve the minutes of the meeting of December 14, 1988. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 3:50 p.m.