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10/10/1990 MUNICIPAL CODE ENFORCEMENT BOARD October 10, 1990 Members present: William Murray, Chairman Robert Aude D. Wayne Wyatt Louise C. Riley Absent: Bruce Cardinal, Vice-Chairman (excused) William Zinzow (excused) John McKinney (excused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, 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 90-10-1 - Case No. 1 William Knuckey Jr. 2054 Ridgelane Rd aka Sunset Ridge Unit 3 (Public Nuisance) There was no one present to represent the violator. Vicki Niemiller, Code Inspector, stated ownership of the above referenced property was verified through the Property Appraiser's Office. She made an inspection August 27th, posted and photographed the property September 6th at which time notice was also sent to the owner of record via certified and regular mail. Ms. Niemiller stated the certified mail came back unclaimed. She submitted City composite exhibit A, a copy of the legal notice and photographs. In response to a question, Ms. Niemiller stated no action has been taken to comply. Mr. Wyatt moved that concerning Case No. 1 of Public Nuisance Clearing List 90-10-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 2054 Ridgelane Road a/k/a Sunset Ridge Unit 3, Lot 70, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of October, 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 including photographs and copy of the legal notice, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above address. The Conclusions of Law are: William Knuckey Jr. is in violation of Section 95.04. It is the Order of this Board that William Knuckey Jr. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/20/90). 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 William Knuckey, Jr. 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, William Knuckey Jr. 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 10th day of October, 1990. - Case No. 2 Edmund E. & Therese L. Morrisey 1200 E Druid Rd aka M&B 47/07, Sec 15/29/15 (Public Nuisance) Vicki Niemiller, Code Inspector, stated ownership of the above referenced property was verified through the Property Appraiser's Office. The property was inspected September 4 and posted September 6, 1990. Notice of the violation was sent certified mail which was returned unclaimed. Ms. Niemiller stated she contacted the realtor of the property and was assured it would be cleared. She inspected the property this morning and there has been no change. Ms. Niemiller submitted City composite exhibit A, a copy of the legal notice and photographs. Ms. Niemiller stated there is high vegetation on the property. Mr. Wyatt moved that concerning Case No. 2 of Public Nuisance Clearing List 90-10-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1200 E Druid Rd a/k/a M&B 47/07, Sec 15/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of October, 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 - copy of legal notice and photographs, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above address. The Conclusions of Law are: Edmund & Therese Morrisey are in violation of Section 95.04. It is the Order of this Board that Edmund & Therese Morrisey shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/20/90). 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 Edmund & Therese Morrisey. 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, Edmund & Therese Morrisey 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 10th day of October, 1990 - Case No. 3 Keramat Fahari about 906 Hart St aka Park Plaza Sub, Blk E, Lots 9 & 10 (Public Nuisance) Rick Rosa, Code Inspector, stated he inspected the property September 10th and found excessive growth and some debris. He posted, photographed and sent notice of the violation October 18th. Ownership was verified through the tax rolls of Pinellas County. Mr. Rosa submitted City composite exhibit A, a copy of the file of record. He stated notice was sent certified mail. He reinspected and photographed the property this morning and the violation still exists. Mr. Keramat Fahari agreed he is in violation. He stated he usually keeps the property clear but was not able to work for a few weeks. He attempted to mow the property yesterday and his lawn mower broke. He phoned the inspector and requested a few more days as he would have it cleared by the end of the week. Mr. Fahari stated a next door neighbor asked to use the property for planting and they would clear it, but they didn't. It was explained to Mr. Fahari he would have 10 days to clear the property without a fee being assessed. Mr. Wyatt moved that concerning Case No. 3 of Public Nuisance Clearing List 90-10-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 906 Hart St a/k/a Park Plaza Sub, Blk E, Lots 9 & 10, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of October, 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, 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 and/or debris at the above address. The Conclusions of Law are: Keramat Fahari is in violation of Section 95.04. It is the Order of this Board that Keramat Fahari shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/10/90). 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 Keramat Fahari. 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, Keramat Fahari shall notify Rick Rosa, 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 10th day of October, 1990. Case No. 37-90 McDonald's Restaurant of Florida, Inc. 1516 U.S. 19 South (Land Development Code) In response to a question, it was stated testimony is not needed from the City when the violator does not contest the violation. Ms. Barbara Lincourt admitted to the violation at the beginning of the meeting. The Secretary to the Board read the Affidavit of Violation into the record. Barbara Lincourt, Area Supervisor for McDonald's Restaurant of Florida, Inc., stated she was found in violation for a flag and banners, and took down the flag the first day of notification. She phoned the inspector to ask what she can do to advertise for the restaurant, but her call was not returned. She stated the banners were removed as soon as the affidavit was received. In response to a question, the Inspector stated he does not know why Ms. Lincourt's phone call was not returned. Mr. Aude moved that concerning Case No. 37-90 regarding violation of Section 134.009(5) of the Clearwater City Code on property located at 1516 US 19 South a/k/a M&B 44/05, Sec 19/29/16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of October, 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 Rick Rosa, Code Inspector, and Barbara Lincourt, Area Supervisor for McDonald's, it is evident that banners were being displayed at the above referenced address. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: McDonald's Restaurants of Florida, Inc. was in violation of Section 134.009(5). It is the Order of this Board that McDonald's Restaurants of Florida, Inc. shall comply with Section 134.009(5) of the Code of the City of Clearwater. If McDonald's Restaurants of Florida, 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 McDonald's Restaurants of Florida, 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 10th day of October, 1990. Case No. 38-90 Gulfcoast Cellular Telephone & Automotive Accessories, Inc. 1451 U.S. 19 South (Land Development Code) There was no one present to represent the violator. Rick Rosa, Code Inspector, stated on August 28th he inspected the property on which an illegal portable sign was erected. He sent notice certified mail August 29th and the signed receipt was returned. The property was reinspected September 25th and the violation still existed. Mr. Rosa stated he received a call Monday that the violation was corrected. He visited the property yesterday and they have complied. In response to a questions, Mr. Rosa stated there was no permit nor did they meet the requirements for use of a temporary sign. Mr. Aude moved that concerning Case No. 38-90 regarding violation of Section 134.017(a)1 of the Clearwater City Code on property located at 1451 US 19 South aka M&B 32/03, Sec 20/29/16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of October, 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 Facts are: after hearing testimony of Rick Rosa, Code Inspector, it is evident that a portable sign was displayed without meeting the requirements of the City code. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Gulfcoast Cellular Telephone & Automotive Accessories, Inc. was in violation of Section 134.017(a)1. It is the Order of this Board that Gulfcoast Cellular Telephone & Automotive Accessories, Inc. shall comply with Section 134.017(a)1 of the Code of the City of Clearwater. If Gulfcoast Cellular Telephone & Automotive Accessories, 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 Gulfcoast Cellular Telephone & Automotive Accessories, 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 10th day of October, 1990. Case No. 39-90 Lokey Motor Company 1220 U.S. 19 South (Land Development Code) Mr. Wyatt moved to continue Case No. 39-90 to the meeting of October 24, 1990 due to a lack of quorum because of Mr. Aude's conflict of interest. The motion was duly seconded and carried unanimously. Mr. Aude abstained from voting due to a conflict of interest. Case No. 40-90 Nancy Darling 1006 South Prospect Avenue (Fire Code) Complied prior Mr. Wyatt moved to withdraw Case No. 40-90 as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 41-90 On Top of the World Condo Assoc., Inc. Bldgs. 18, 18A, 34, 36, 37, 40, 42, 44, 45, 50, 53-61, 74, 80, 83, 84, 86, 87, 88 & 89 (Fire Code) The Inspector requested this case be continued as they are in the process of complying. Mr. Aude moved to continue Case No. 41-90 to the meeting of October 24, 1990. The motion was duly seconded and carried unanimously. Case No. 42-90 Jesse Montague - Repeat 1721 Ft. Harrison Avenue aka Lesley's Sub, Lot 9 (Land Development Code) Rick Rosa, Code Inspector, stated he inspected the property September 14th and informed Mr. Montague at that time that his outdoor display of items is in violation of the land use allowed by code. Mr. Rosa took photographs of the property September 14th and October 6th showing the display. He stated he sent notice of the violation via certified mail on October 5th. Mr. Rosa submitted City composite exhibit A, photographs of the property. In response to Mr. Montague's question whether Mr. Rosa had given him the choice of correcting the violation or coming to the hearing, Mr. Rosa stated he did not. John Richter, Development Code Manager, stated staff has spent a considerable amount of time on this case and requested the board consider applying a $25/day fine for each day the violation exists and consider increasing the fine if the violation continues. Jesse Montague stated he has been dealing with the Inspector for a year. He stated he has had to get rid of three vehicles while others in the neighborhood are in violation. He stated there is a double standard working where he is cited and not the neighbors. Mr. Montague questioned from whom the complaints about him were coming, and it was stated it was from a homeowner's association. Mr. Montague stated a day or two after a person across the street would move his motor home which was in violation, he would get a visit from and/or be cited by the City. He stated he is being treated unfairly compared to others in the neighborhood. In response to a question regarding why Mr. Montague waited until now to come before the Board, he stated he was here before but nothing has changed. In response to a question regarding whether Mr. Montague has been in violation since September 16, Mr. Rosa stated he doesn't know as he did not visit the property every day. In response to a question regarding whether there are other violations in this area, Mr. Rosa stated he has another violation scheduled to come before the Board. He stated he has made inspections due to complaints received, one which was from Mr. Montague regarding Moss Marine and he did issue a notice of violation. In response to questions, Mr. Montague stated he is in violation and it is a repeat of a previous violation. Discussion ensued regarding how many days Mr. Montague was definitely in violation, and the consensus was they can only be sure of two days. Mrs. Riley moved that concerning Case No. 42-90 regarding violation of Section 135.004(b) of the Clearwater City Code on property located at 1721 Ft. Harrison Ave aka Lesley's Sub, Lot 9, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of October, 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 Jesse Montague, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, it is evident that items were being displayed on at least September 14 and October 6, 1990. The Conclusions of Law are: Jesse Montague is in violation of Section 135.004(b); that Jesse Montague was found to have violated the same provision by the Board on December 13, 1989, and that Jesse Montague has committed a repeat violation for at least two days prior to this hearing. It is the Order of this Board that Jesse Montague shall comply with Section 135.004(b) of the Code of the City of Clearwater by October 24, 1990. It is the Order of this Board that Jesse Montague shall pay a fine of $50.00 per day after October 24, 1990 and continuing for each day the violation continues to exist. If Jesse Montague does not comply within the time specified, a certified copy of this Order shall 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, Jesse Montague 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. 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 10th day of October, 1990. UNFINISHED BUSINESS - None OTHER BOARD ACTION Mr. Wyatt suggested staff set up a system for receiving complaints, validating names and addresses received, and having the information available as it is a public record. NEW BUSINESS - None MINUTES - September 12 and 26, 1990 Mrs. Riley moved to approve the minutes of the meetings of September 12 and September 26, 1990. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 4:25 p.m.