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01/24/1990 MUNICIPAL CODE ENFORCEMENT BOARD January 24, 1990 Members present: Robert Aude, Chairman William Murray, Vice-Chairman Bruce Cardinal William Zinzow D. Wayne Wyatt John McKinney Absent: James Angelis (excused) Also present: Rob Surette, Assistant City Attorney Alan Zimmet, 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 3:02 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 Public Nuisance Clearing List 90-01-2 Case No. 1 Joseph J. Sorota, Jr., TRE M&B 41.12, Sec 18-29-16 aka ROW Druid, By Pass, US 19 No one was present to represent the applicant. Vern Packer, Code Inspector, stated he inspected and posted the property on December 19, 1989. The property is overgrown and there is trash and debris on the property. Ownership was determined through the Property Appraiser's office; notice was sent certified mail and the signed receipt was returned. City submitted composite exhibit A, a copy of the file of record including photographs of the property taken December 19, 1989. Mr. Packer stated he reinspected the property this morning and there is no change in the condition of the property. Mr. Cardinal moved that concerning Case No. 1 of Public Nuisance Clearing List 90-01-2 regarding violation of Sections 95.04 (a) & (b) of the Clearwater City Code on property known as ROWs bordering Druid Rd., By Pass, US 19 & Towers TV parking lot aka M&B 41.12, Sec. 18-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of January, 1990, 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 Vern Packer, Code Inspector, and viewing the evidence, exhibits submitted: City exhibit A - a copy of the file of record including photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and the accumulation of debris at the above address. The Conclusions of Law are: Joseph J. Sorota, Jr., TRE. is in violation of Sections 95.04 (a) & (b). It is the Order of this Board that Joseph J. Sorota, Jr., TRE. shall comply with Sections 95.04 (a) & (b) of the Code of the City of Clearwater within 10 days (2/5/90). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Joseph J. Sorota, Jr., TRE. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Joseph J. Sorota, Jr., TRE. shall notify Vern Packer, the City Official who shall inspect the property and notify the Board of compliance. 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 24th day of January, 1990. Case No. 2 Samir & Mary Armanious Eagle Est Sub, Lot 38 aka 2959 Eagle Estates No one was present to represent the violator. Vern Packer stated the property is a vacant lot and is overgrown. Ownership was determined through the Property Appraiser's office. Notice was sent registered mail and returned unclaimed at which time notice of the violation was published. City submitted composite exhibit A - a copy of the file of record and B - a copy of the affidavit of publication of the notice of violation and hearing. Mr. Cardinal moved that concerning Case No. 2 of Public Nuisance Clearing List 90-01-2 regarding violation of Sections 95.04 (a) & (b) on property located at 2959 Eagle Estates aka Eagle Est. Sub., Lot 38, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of January, 1990, 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 Vern Packer, Code Inspector, and viewing the evidence, exhibits submitted: City exhibits A - a copy of the file of record including photographs of the property & B - a publication affidavit from the Pinellas Review, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Samir & Mary Armanious are in violation of Sections 95.04 (a) & (b). It is the Order of this Board that Samir & Mary Armanious shall comply with Sections 95.04 (a) & (b) of the Code of the City of Clearwater within 10 days (2/5/90). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Samir & Mary Armanious. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Samir & Mary Armanious shall notify Vern Packer, the City Official who shall inspect the property and notify the Board of compliance. 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 24th day of January, 1990. Case No. 3 Gary Hunt/Orange & Blue Construction, Inc. Highland Est 2nd Addn, Blk G, Lot 2, aka 1753 Pamelia Dr No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated she inspected the property October 30, 1989 and posted the property November 2, 1989 at which time a photographs was taken showing the overgrown condition. Property ownership was determined through the Property Appraiser's office. Notice of the violation and hearing was published. City submitted composite exhibit A - a copy of the file of record and exhibit B - a copy of the affidavit of publication of the notice of violation and hearing. Ms. Niemiller stated she reinspected the property this morning and the violation still exists. Mr. Cardinal moved that concerning Case No. 3 of Public Nuisance Clearing List 90-01-2 regarding violation of Sections 95.04 (a) & (b) on property located at 1753 Pamelia Dr. aka Highland Est. 2nd Addn., Blk. G, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of January, 1990, 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 Vicki Niemiller, Code Inspector, and viewing the evidence, exhibits submitted: City exhibits A - a copy of the file of record including photographs of the property & B - an affidavit of publication from the Pinellas Review, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Orange & Blue Construction, Inc./Gary L. Hunt are in violation of Sections 95.04 (a) & (b). It is the Order of this Board that Orange & Blue Construction, Inc./Gary L. Hunt shall comply with Sections 95.04 (a) & (b) of the Code of the City of Clearwater within 10 days (2/5/90). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Orange & Blue Construction, Inc./Gary L. Hunt. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Orange & Blue Construction, Inc./Gary L. Hunt shall notify Vicki Niemiller, the City Official who shall inspect the property and notify the Board of compliance. 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 24th day of January, 1990. Case No. 4-90 Raymond W. Smith 1114 Pinellas St a/k/a Lot 2, Georgas Sub. (Occupational License) Complied Prior Mr. Murray moved to withdraw Case No. 4-90 as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 5-90 Ken Marks Ford Inc. 2093 US 19 N a/k/a Ken Marks Sub, Blk A, Lot 1 (Land Development Code) Mark Belvisa, General Manager, stated he does not contest that the violation did exist. Rick Rosa, Development Code Inspector, stated he inspected the property and issued a notice of violation on January 6, 1990 requesting compliance by 5:00 p.m. that day. He reinspected January 9, 1990 and the violation still existed. Mr. Rosa stated the parking of cars on the grassy area is a land use not designated on the site plan and therefore in violation of the Code. City submitted composite exhibit A - photographs of the property taken January 6 & 9, 1990 showing the nature of the violation and exhibit B - a copy of Ken Marks Ford Inc. site plan with notations of the number of parking spaces totalling 445. Mr. Rosa went on to mark the location of the violation stating Ken Marks Ford is in violation with the final site plan as the use was not designated on the plan as required by section 137.010 (j)(2)g of the City Code. The Assistant City Attorney requested the Board take judicial notice of the sections of the Code as indicated. In response to questions, Mr. Rosa stated cars are parked on the grass for display and sales. He stated Ken Marks Ford is in compliance as of today. In response to questions, John Richter, Development Code Administrator, stated in this case, display and storage are one in the same. He stated there was no indication on the site plan of the intent to park on the grass. Mr. Belvisa stated cars were parked there for display purposes but they have no intention of parking there in the future. Mr. Zinzow moved that concerning Case No. 5-90 regarding violation of Sections 137.010(j)(2)g and 137.010(i) of the Clearwater City Code on property located at 2093 US 19 N aka Ken Marks Sub., Blk. A, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of January, 1990, 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 Rick Rosa, Development Code Inspector and Mark Belvisa, General Manager of Ken Marks Ford, admitting to the violation, and viewing the evidence, exhibits submitted: City exhibits A - a B, it is evident that Ken Marks Ford, Inc. was parking cars in an area not in accordance with the site plan. The Conclusions of Law are: Ken Marks Ford, Inc. was in violation of Sections 137.010(j)(2)g and 137.010(i). It is the Order of this Board that Ken Marks Ford, Inc. shall comply with Sections 137.010(j)(2)g and 137.010(i) of the Code of the City of Clearwater by 1/24/90. Should the violation reoccur, it may be deemed a repeat violation and subject Ken Marks Ford, Inc. to a fine for each day of the repeat violation. 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 24th day of January, 1990. Case No. 6-90 Lokey Motor Company 1220 US 19 S a/k/a Lokey Sub, Blk A, Lot 2 (Land Development Code) Mr. Aude stated he has a conflict of interest in this case and, therefore, abstained from partaking in the proceedings. Rick Rosa, Development Code Inspector, stated he issued a notice of violation on January 8, 1990 to Mr. Castell, General Manager, requesting compliance by 5:00 p.m. that evening. He reinspected the property on January 9th and 24th and the violation still existed. City submitted composite exhibit A, photographs taken on January 6, 8 & 24, 1990 depicting the condition as observed by the inspector. City submitted exhibit B, a copy of the certified final site plan for the property, as confirmed by Donald O. McFarland, Attorney representing Lokey Motor Company. In response to questions, Mr. Rosa stated there are 140 parking spaces noted on the site plan. Mr. Rosa then marked the area where the display vehicles, as per the photographs submitted, are situated. He stated this is a violation as the display of vehicles in this area is not designated on the final site plan. City submitted exhibit C, a certified copy of Sections 137.010(i) and 137.010(j)(2)g of the City Code. City submitted exhibit D, a certified copy of Section 131.225 as in existence at the time of the site plan. The Assistant City Attorney stated it is almost identical to the current code and the new code could be considered as a renumbering of the section. City submitted exhibit E, the official certified site plan showing designated asphalt areas and parking spaces as marked. In response to questions, Terry Finch, Environmental Manager for the City, stated she reviews site plans for stormwater management and all other aspects of environmental concern, particularly for commercial property. She stated the design engineer is required to provide for stormwater run-off. In response to a question, she stated the parking of cars in a grassy area would decrease the pervious surface and increase the runoff rate, overloading the detention system. She stated if the display area had been indicated it would have had a bearing on approval of the plan. She also stated the area in question was not used in calculating the required runoff because permission had not been requested for parking on this area. The meeting recessed from 4:51 - 4:55 p.m. Mr. Zinzow left the meeting at 4:50 p.m. Attorney McFarland questioned whether the Ken Marks Ford site plan designated any display area and Inspector Rosa stated it is designated as parking. He stated they can only display in the parking lot and building. Attorney McFarland submitted defendant's exhibit A, a copy of the Ken Marks Ford site plan. Henry St. Jean, Vice-President of Williams Architects, stated Lokey has a current site plan for Commission review which contains the original property plus two additional sites. He stated the right-of-way easement has been changed to a drainage and utility easement and the sidewalk has been removed. He stated only required parking spaces need to be shown on the site plan. Defendant submitted exhibit B, a copy of the proposed site plan. Discussion ensued regarding whether or not the code would allow parking on the grass, and John Richter stated a request must be made to the City for proper review. Discussion also ensued regarding the certified site plan of 1984 and the current proposed site plan. Mr. Richter stated the proposed site plan has no relevancy as it has not been certified. In response to questions, Mr. Richter stated the property on the north side of the proposed site plan, which is proposed for use as sales and display/ storage, was not part of the original site plan. He stated outdoor display of vehicles has to be in a designated parking area and noted that display of vehicles is parking. Mr. Richter stated the 1984 site plan does not indicate parking in grassy or open space area. He stated the minutes of a Board of Adjustment and Appeal meeting, at which a special exception for outdoor retail display was considered, do not indicate that permission was granted for parking in the grassy areas. The City submitted Defendant's exhibit F, a copy of the minutes of Board of Adjustment and Appeal hearings of 9/22/83 and 8/9/84. In response to questions, Mr. Richter stated a request would have to be made to the City for any use of the easement. Mr. McFarland stated the special exception granted contained a right to use the entire parcel. Mr. Wyatt moved that concerning Case No. 6-90 regarding violation of Sections 137.010(j)(2)g and 137.010(i) of the Clearwater City Code on property located at 1220 US 19 S aka Lokey Sub, Blk A, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of January, 1990, 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 Rick Rosa, Development Code Inspector, Donald McFarland, Atty. for Lokey Motor Company, Henry St. Jean, Vice-President of Williams Architects, John Richter, Development Code Manager and Terry Finch, Environmental Manager and viewing the evidence, exhibits submitted: City exhibits A - photographs of the property, B & E - copies of the 1984 site plan depicting parking areas and paved areas, C & D - certified copies of City Code sections and F - copies of a 1984 application for special exception and minutes of the Board of Adjustment & Appeal on Zoning, and Defendant's exhibits A - a copy of Ken Marks Ford site plan and B - a copy of a proposed Lokey Motor Company site plan, it is evident that cars are being displayed on grassy areas, a land use not indicated on existing approved final site plan. The Conclusions of Law are: Lokey Motor Company is in violation of Sections 137.010(j)(2)g and 137.010(i). It is the Order of this Board that Lokey Motor Company shall comply with Sections 137.010(j)(2)g and 137.010(i) of the Code of the City of Clearwater by 2/2/90. If Lokey Motor Company does not comply within the time specified, the Board may order them to pay a fine of $250.00 per day for each day the violation continues to exist. If Lokey Motor Company does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, 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, Lokey Motor Company shall notify Rick Rosa, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, 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 24th day of January, 1990. UNFINISHED BUSINESS Case No. 130-89 Cheryl Toney 3336 Fox Hill Dr Affidavit of Compliance Case No. 131-89 Jesse Montague 1721 N Ft Harrison Ave Affidavit of Compliance Case No. 132-89 Lokey Oldsmobile Inc. 2339 Gulf to Bay Blvd Affidavit of Compliance Case No. 89-12-1-6 Stephanie Reberto/Jean Fowler vacant lot about 2987 Eagle Trail Affidavit of Compliance Case No. 89-12-1-7 Katherine Bie vacant land S of Pierce 100 Affidavit of Compliance Case No. 89-12-1-8 Marc R. & Colleen A. Green 112 Evelyn Ave Affidavit of Compliance Mr. Murray moved to accept the Affidavits of Compliance in Case Nos. 130-89, 131-89, 132-89, 89-12-1-6, 89-12-1-7 and 89-12-1-8. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - Election of Officers: Continued to 2/28/90 meeting. - Cancellation of 2/14/90 meeting: Mr. Murray moved to cancel the meeting of 2/14/90. The motion was duly seconded and carried unanimously. NEW BUSINESS - Discussion re Alternate member ordinance: Continued to 2/28/90 meeting. MINUTES - Meeting of January 10, 1990 Mr. Murray moved to approve the minutes of the meeting of January 10, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 6:30 p.m.