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06/13/1990 MUNICIPAL CODE ENFORCEMENT BOARD June 13, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude D. Wayne Wyatt John McKinney Louise Riley Absent: William Zinzow (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 3:00 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 Public Nuisance Clearing List Case No. 1 Einstein & Evelina Boykins 1305 Wood Ave aka Lot 16, Blk 8 Highland Pines Sub 6th Addn Vicki Niemiller, Code Inspector, stated she inspected the property on April 2, 1990 and spoke with Mr. Boykins regarding a motor vehicle (Lincoln Continental) on the property without a current tag which was a violation of City Code Section 95.04, accumulation of debris as defined in Section 95.03. She verified ownership of the real property through the Pinellas County Property Appraiser's Office and ownership of the motor vehicle through the Pinellas County Tag Office. She sent a letter to the Boykins on April 2nd giving them 30 days to comply with the Code. She stated Mr. Boykins told her he would get a current tag for the vehicle. Ms. Niemiller stated she posted the property May 14th and she has had no additional contact with the violator. City submitted composite exhibit A, a copy of the file of record including a photograph of the property. She visited the property this morning and the violation still exists. In response to a question, Ms. Niemiller stated Mr. Boykins did admit that he owns the vehicle. No one was present to represent the violator. Mr. Cardinal moved that concerning Case No. 1 of Public Nuisance Clearing List 90-06-1 regarding violation of Section 95.04 of the Clearwater City Code, on property located at 1305 Wood Ave. aka Highland Pines Sub, 6th Addn, Blk 8, Lot 16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of June, 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 composite exhibit A - a copy of the file of record, it is evident that there exists a beige Lincoln Continental without a current tag at the above address. The Conclusions of Law are: Einstein & Evelina Boykins are in violation of Section 95.04. It is the Order of this Board that Einstein & Evelina Boykins shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (6/25/90). 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 Einstein & Evelina Boykins. 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, Einstein & Evelina Boykins 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 13th day of June, 1990. Case No. 29-90 Donald Zeitler dba Towne Carpet Remnants 1700 N. Ft. Harrison Ave. (Land Development Code) Geri Doherty, Code Inspector, stated she first visited the property shortly after February 15, 1990 and noticed three trailers and three trucks being used to store carpet and padding. The property is zoned CN (Neighborhood Commercial) for which there is no provision for outdoor storage either as a permitted or conditional use. According to Occupational License Division records, the business is not incorporated, but an individual doing business. She stated she spoke with Donald Zeitler March 8th and issued a notice of violation March 23rd with a compliance date of April 6th. She visited the property April 11th and the violation still existed. City submitted composite exhibit A, photographs of the property showing five different vehicles used for storage. One of the trailers has been moved. Ms. Doherty went on to describe the condition of the vehicles classifying them as inoperable. With regard to those vehicles that were not open, Ms. Doherty stated an employee of Towne Carpet Remnants told her they were being used for storage. She visited the property the day of the hearing and the condition has not changed. The Assistant City Attorney requested withdrawal of Section 134.009(4) of the City Code as cited on the Affidavit of Violation regarding signs as that violation has been corrected. In response to a question, Mr. Zimmet stated if a violation is corrected prior to the hearing and does not reoccur, then there is no violation; therefore it could not come back as a repeat violation. Mr. Aude moved to dismiss the violation of Section 134.009(4) as the violation has been corrected. The motion was duly seconded and carried unanimously. Donald Zeitler, owner of Towne Carpet Remnants, stated he was originally served notice in 1986 and given two months to comply. He sold merchandise less than cost at that time, but could not sell everything. He wrote Ms. Doherty a letter, spoke with her and was told she had been directed to discontinue pursuit of this case. Mr. Zeitler assumed at that time that the City was no longer concerned with his property. He heard nothing more until July 11, 1989 when Ms. Doherty told him he was in violation. Mr. Zeitler stated he has $50,000 worth of carpet he has to store. He agreed he is in violation. In response to a question, he stated he has been trying for two months to comply with the Code but his business is seasonal and sales are slow now. He stated there is no room inside for more storage. He has two retail stores - one on Drew Street and another in Belleair Bluffs - neither of which has any spare storage room. In response to a question, Mr. Zeitler stated it would not be feasible for him to rent warehouse space as he would need to purchase extra equipment and hire another employee. In response to questions, Ms. Doherty stated she dropped this case in 1986 at the direction of her Supervisor and an Assistant City Attorney. She stated complaints had been received. Mr. Wyatt moved that concerning Case No. 29-90 regarding violation of Section 135.004(b) of the Clearwater City Code on property located at 1700 North Ft. Harrison Ave. aka Lots 1 & 2, Blk. 1, Bay View Heights, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of June, 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, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, it is evident that trucks and trailers are being used for storage on the property outside the building. The Conclusions of Law are: Donald Zeitler is in violation of Section 135.004(b). It is the Order of this Board that Donald Zeitler shall comply with Section 135.004(b) of the Code of the City of Clearwater by July 13, 1990. If Donald Zeitler does not comply within the time specified, the Board may order them to pay a fine of $100.00 per day for each day the violation continues to exist. If Donald Zeitler 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. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Donald Zeitler shall notify Geri Doherty, 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. 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 13th day of June, 1990. Case No. 30-90 Radiator Auto Air Corp. 1594 S. Myrtle Ave. (Life Safety Code) Complied prior The Secretary to the Board stated the Inspector requested this case be withdrawn as the violation has been corrected. Mr. Wyatt moved to withdraw Case No. 30-90. The motion was duly seconded and carried unanimously. Case No. 6-90 Lokey Motor Company 1220 U.S. 19 S. (Land Development Code) Repeat Violation The Assistant City Attorney requested this case be withdrawn due to the fact Lokey Motor Company has obtained a final site plan, certified June 8, 1990, allowing them to park cars where they are currently being parked with the condition that no cars be parked in green space. In response to a question, he stated the current site plan was brought about due to the addition of property to the site. Mr. Aude abstained from partaking in the proceedings due to a conflict of interest. Mr. Cardinal moved to withdraw the enforcement of the repeat violation in Case No. 6-90. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Public Nuisance Clearing List 90-5-1 Case 1 Clearwater Seville Ltd Parcel S of Pearce Dr aka M&B 33.06, Sec 17-29-16 Affidavit of Compliance Case 2 William B Albrecht/Ann E Larson parcel annexed re Ord. 4644-88 aka M&B 34.02, Sec 17-29-16 Affidavit of Compliance Case No. 123-89 Raybon Curtis (Building Code) 1104 N. Greenwood Ave. aka N 32 ft of Lot 2 Greenwood Manor Affidavit of Compliance Mr. Cardinal moved to accept the Affidavit of Compliance in Case Nos. 1 & 2 of Public Nuisance Clearing List 90-5-1 and Case No. 123-89. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report In response to questions, it was stated that compliance with the Board's order does not mean the fine has been paid. It was stated some of the liens are not old enough or are too small an amount to expend the time and money for foreclosure. There may be other cases where the violator does not own any property in Pinellas County in which case the lien would stay on the books. Once the Board directs foreclosure, the case is out of their hands. NEW BUSINESS - None. MINUTES - Meeting of May 23, 1990 Mr. McKinney moved to approve the minutes of the meeting of May 23, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 3:55 p.m.