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04/25/1990 MUNICIPAL CODE ENFORCEMENT BOARD April 25, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude (arrived 3:04 p.m.) William Zinzow D. Wayne Wyatt John McKinney Absent: 7th seat vacant 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 3:01 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 90-4-2 - NO CASES Case No. 7-90 Benjamin J. Zukowski (Fire Code) 2040 Gentry St. Continued from 3/28/90 Complied prior Case No. 8-90 Economy Burglar Bars Inc. (Fire Code) 2040 Gentry St. Continued from 3/28/90 Complied prior Case No. 12-90 Phillip Tretter (Fire Code) 2040 Gentry St. Continued from 3/28/90 Complied prior Case No. 27-90 Sophia's Pizza Restaurant, Inc. (Land Development Code) 1710 N. Hercules Ave. Geri Doherty, Development Code Inspector, stated she first inspected the property July 28, 1989 and found a portable sign in front of the business for which a permit had not been obtained. City submitted exhibit A, a photograph of the sign. She phoned the business and was told the owner was out of town. She visited the property again August 3rd and the sign was still there. She spoke to the owner and he agreed to remove the sign. On September 29th, the sign was still displayed along with a cold air balloon with banner. Upon visiting the property October 3rd, the sign and balloon had been removed. On March 23, 1990, Ms. Doherty noticed another portable sign had been placed in front of the business without any lettering. City submitted exhibit B, a photograph taken March 23, 1990 of the sign. She phoned the restaurant and Mr. Drakakis, owner of the business, stated the sign was not his; it had been delivered by mistake and was to be removed. Ms. Doherty passed by the business on Sunday, March 25th, at which time there was a sign with an advertisement for a breakfast special. She served notice of violation March 26 giving Mr. Drakakis one hour to remove the sign, but he did not comply. Ms. Doherty stated Sophia's Pizza Restaurant, Inc. was in violation of Section 134.017(a) of the City Code, being a sign not provided for in the Code. The Assistant City Attorney requested the Board take judicial notice of the section in violation. Ms. Doherty stated the sign was not removed on time, but has been removed prior to today's hearing. The Assistant City Attorney requested the reference code section be stricken from the Affidavit of Violation and Request for Hearing. Peter Drakakis, owner of Sophia's Pizza Restaurant, Inc., stated he opened the business September 1, 1989. Business was slow; he asked the City for permission to use the sign but was not allowed. He stated he put the sign there to try and bring in customers. In response to a question, Mr. Drakakis stated the sign on the front of the restaurant is not sufficient to bring in customers as he is the only business, the other occupants of the center being warehouses which close at 4 p.m. In response to questions, Ms. Doherty stated the occupational license was acquired August 14th and the portable sign was there August 1st and 30th and no permit had been issued. She stated there is provision for a grand opening sign which is allowed only within 60 days of opening of a business. Discussion ensued regarding a more specific reference to the Code section violated and it was requested the Affidavit be amended to include such reference. Mr. Aude moved to amend the Affidavit of Violation to include Sec. 134.012(7) as a reference to the code section violated. The motion was duly seconded and carried unanimously. Mr. Cardinal moved that concerning Case No. 27-90 regarding violation of Section 134.017(a)(1) and specifically 134.012(7) of the Clearwater City Code on property located at 1710 N. Hercules Ave., Suites 107 & 108 a/k/a M&B 34.36, Sec. 01-29-15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of April, 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 Geri Doherty, Development Code Inspector, and Peter Drakakis, President of Sophia's Pizza Restaurant, Inc. and viewing the evidence, exhibits submitted: City exhibits A & B, photographs of the property, it is evident that illegal portable signs have been erected at the above referenced location, that this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Sophia's Pizza Restaurant, Inc. was in violation of Section 134.017(a)(1) by being in violation of 134.012(7). It is the Order of this Board that Sophia's Pizza Restaurant, Inc. shall comply with Section 134.017(a)(1) by being in compliance with Section 134.012(7) of the Code of the City of Clearwater. If Sophia's Pizza Restaurant, Inc. repeats the violation, the Board may order them to pay a fine of $50.00 per day for each day the violation exists after Sophia's Restaurant, Inc. is notified of the repeat violation. 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. 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. The motion was duly seconded and carried unanimously. Done and Ordered this 25th day of April, 1990. UNFINISHED BUSINESS Case No. 90-1-2-1 Joseph J. Sorota, Jr., TRE. M&B 41.12, Sec 18-29-16 Affidavit of Compliance Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 90-1-2-1. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Mr. McKinney requested that a City Inspector and Mr. Polatty, Planning & Development Director, attend a meeting to discuss Code Enforcement procedures. Consensus of the Board was for the Secretary to ask Mr. Polatty to attend the next regular meeting of May 9, 1990 if possible. NEW BUSINESS - None. MINUTES - Meeting of March 28 and April 11, 1990. Mr. Aude moved to approve the minutes of the meetings of March 28 and April 11, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 3:57 p.m.