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08/08/1990 MUNICIPAL CODE ENFORCEMENT BOARD August 8, 1990 Members present: William Murray, Chairman William Zinzow D. Wayne Wyatt Louise C. Riley Absent: Bruce Cardinal, Vice-Chairman (unexcused) Robert Aude (excused) John McKinney (excused) Also present: Rob Surette, Assistant City Attorney Andy Salzman, Attorney for the Board Mary K. Diana, 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 Item No. 1 Martha J. Brammer vacant lot about 2342 Drew St aka Rolling Hts, Lots E-K Vicki Niemiller, Code Inspector, stated she first inspected the property July 3, 1990 and found it to be in violation due to high vegetation. She posted and photographed the property July 12, 1990. She stated she verified ownership through the Pinellas County Property Appraiser's Office, sent notice of the violation certified mail, and the signed receipt was returned. She reinspected the property this morning and found it is still in violation of Section 95.04 (a) & (b) of the City Code. City submitted composite exhibit A, a copy of the file of record. There was no one was present to represent the violator. In response to a question, Ms. Niemiller stated Drew Street Park is to the east and there is a car lot to the west of the property. Mr. Wyatt moved that concerning violation of Section 95.04(a) & (b) of the Clearwater City Code on property known as those vacant lots about 2342 Drew Street a/k/a Rolling Hts, Lots E-K, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of August, 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 the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Martha J. Brammer is in violation of Section 95.04. It is the Order of this Board that Martha J. Brammer shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/18/90). 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 Martha J. Brammer. 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, Martha J. Brammer 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 8th day of August, 1990. Case No. 22-90 Gerald Schreifels (Occupational License) 1407 Hamlet Ave continued from 4/11/90 Case No. 23-90 Michael C Diana (Occupational License) 1407 Hamlet Ave continued from 4/11/90 Case No. 24-90 Gerald J & Nancy J Schreifels (Occupational License) 811 Lotus Path continued from 4/11/90 The Assistant City Attorney requested Case Nos. 22-90, 23-90 and 24-90 be withdrawn as they are in compliance. Mr. Wyatt moved to withdrawn Case Nos. 22-90, 23-90 and 24-90. The motion was duly seconded and carried unanimously. Case No. 32-90 Domino's Pizza, Inc (Land Development Code) 2245 Nursery Rd Rick Rosa, Code Inspector, stated he inspected the property June 28, 1990 and saw a portable sign being displayed, which was in violation of Section 134.017(a)(1) of the City code. Mr. Rosa stated he reinspected the property on July 10th and the violation still existed. City submitted exhibit A, a photograph of the property taken July 10th. Mr. Rosa stated the photograph depicts the same condition that existed on June 28th. A notice of violation, with a compliance date of July 7, 1990, was sent to the Nursery Road address on July 3rd by certified mail and the receipt was returned, signed by Chris Wolfe, Manager of the store. As of this morning, the violation had been corrected. He stated notice of the hearing was sent to the store address, registered agent and corporate office. He stated there is a provision in the Code for temporary use of portable signs, which was not the case at this location. Chris Wolfe, Manager at the 2245 Nursery Road location, stated the sign was moved from the roadside to the side of the building on July 7th; therefore, he felt the photograph could not have been taken on July 10th. He has had three notices in three months, but he didn't move the sign previously because the fruit stand next door had a sign and was not told to remove it. In response to a question, he stated the store has been here for 1-1/2 years. He stated he did remove the sign after the first notice of violation, but put it back since the neighbor had a sign up. In response to a question, Mr. Wolfe indicated he did not call the code enforcement office to report his neighbor's sign. In response to a question regarding the date the photograph was taken, the Inspector stated it was definitely taken on July 10th at which time there was another Inspector with him. He stated he did not reinspect the property on the requested compliance date of July 7th because it was on the weekend. Mr. Zinzow moved that concerning violation of Section 134.017(a)(1) (ref. 134.00(e)) of the Clearwater City Code on property located at 2245 Nursery Road, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of August, 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, Code Inspector, and viewing the evidence, exhibit submitted: City Composite Exhibit A, a photograph of the property showing the sign, it is evident that a portable sign had been displayed at this property. The Conclusions of Law are: Domino's Pizza was in violation of Section 134.017(a)(1). It is the Order of this Board that Domino's Pizza shall comply with Section 134.017(a)(1) of the Code of the City of Clearwater. If Domino's Pizza repeats the violation, the Board may order them to pay a fine of $50.00 per day for each day the violation exists after Domino's Pizza 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 8th day of August, 1990. In response to a question, Mr. Rosa stated the violations would be reinspected on the same date as noted for compliance of same. UNFINISHED BUSINESS Case No. 90-7-1-2 Charles D Ivory 2724 Westchester Dr N aka Lot 84, Westchester of Countryside Affidavit of Compliance Case No. 90-7-1-3 Highpoint Inv Inc 1871-1899 Kings Hwy aka Lots B&C, Brentwood Est Affidavit of Compliance Mr. Zinzow moved to accept the Affidavit of Compliance in Case Nos. 90-7-1-2 and 90-7-1-3. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None. NEW BUSINESS Assistant City Attorney Rob Surette introduced Assistant City Attorney Miles Lance who has been appointed as the attorney for code enforcement. He stated he will be committing full time to the Police Department. Jim Polatty, Planning and Development Director, introduced John Richter who has assumed the responsibility of supervisor over code enforcement and the inspectors. MINUTES - Meeting of July 25, 1990 Ms. Riley moved to approve the minutes of the July 25, 1990 meeting as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 3:45 p.m.