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02/13/1991 MUNICIPAL CODE ENFORCEMENT BOARD February 13, 1991 Members present: William Murray, Chairman Robert Aude William Zinzow D. Wayne Wyatt John McKinney Absent: Bruce Cardinal, Vice-Chairman (excused) Louise C. Riley (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 3:03 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 Helen L. Russell 1871 McKinley aka New Marymont Sub, Blk D, Lot 7 No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated the property is in violation of Section 95.04 with excessive debris. Ownership was verified through the Property Appraiser's Office of Pinellas County. Notice of the violation was sent certified mail but was returned unclaimed. The property was first inspected January 10, 1991 and posted January 17, 1991. She reinspected the property this morning, some clearing had been done and some debris removed; however, the violation still exists. City submitted composite exhibit A, the file of record including photographs taken at time of posting and this morning. In response to questions, Ms. Niemiller stated compliance was obtained after the last hearing. She stated Ms. Russell scavenges at night and has accumulated debris again. She stated the area in the fence is cleared. In response to a question, it was stated lot clearing violations can not be cited as repeat violations. Mr. Swan, representing Marymont Homeowner's Association, stated this occurs every few months; and questioned whether there could be a more severe penalty. The Assistant City Attorney stated the City is doing everything it can within its sphere of enforcement. Mr. Wyatt moved that concerning Case No. 1 of Public Nuisance Clearing List 91-2-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1871 McKinley Street a/k/a New Marymont Sub, Blk D, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of February, 1991, 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 accumulation of debris at the above address. The Conclusions of Law are: Helen L. Russell is in violation of Section 95.04(a). It is the Order of this Board that Helen L. Russell shall comply with Section 95.04(a) of the Code of the City of Clearwater within 10 days (2/23/91). 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 Helen Russell. 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, Helen Russell 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 February, 1991. - Case No. 2 Denny's Realty Inc. 1400 US 19 South, W 1/2 of parcel aka M&B 41-01, Sec 19-29-16 No one was present to represent the violator. Rick Rosa, Development Code Inspector, stated the property is overgrown. Ownership was verified through the Pinellas County tax rolls. He posted the property January 21, 1991 and sent notice of the violation via certified mail. He reinspected the property this morning and the violation still exists. City submitted composite exhibit A, the file of record including photographs of the property. Mr. Wyatt moved that concerning Case No. 2 of Public Nuisance Clearing List 91-2-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1400 US 19 South a/k/a M&B 41-01, Sec 19-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of February, 1991, 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: Denny's Realty Inc. is in violation of Section 95.04. It is the Order of this Board that Denny's Realty Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (2/23/91). 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 Denny's Realty Inc.. The 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, Denny's Realty Inc. 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 13th day of February, 1991. Discussion ensued regarding 1871 McKinley Street and different avenues to explore in an attempt to control these types of ongoing violations. In response to a question, the Assistant City Attorney stated the homeowner's association could file a class action suit in circuit court. Case No. 5-91 Frank C. Kunnen d/b/a Clearwater "19" Commerce Park 797 US 19 North (Land Development Code) No one was present to represent the violator. Rick Rosa, Development Code Inspector, requested a continuance stating administrative staff has met with the violator and are working on resolving the matter. Mr. Aude moved to continue Case No. 5-91 to the February 27, 1991 meeting. The motion was duly seconded and carried unanimously. A question was asked as to why three Code sections are cited on the Notice of Violation, and Mr. Rosa stated one is no longer a violation. Case No. 9-91 Michael Peters 26133 US 19, #107 (Land Development Code) No one was present to represent the violator. Geri Doherty, Development Code Inspector, stated a permit was issued for a portable sign on October 17, 1990 for 30 days. The sign was still being displayed on November 26, 1990. She stated they have had problems with the violator before. She personally served the Notice of Violation which was signed by an employee. City submitted exhibit A, a copy of the Notice of Violation. Mr. Zinzow moved that concerning Case No. 9-91 regarding violation of Section 134.011(e) of the Clearwater City Code on property located at 26133 US 19, #107, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of February, 1991, 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 today and from the last meeting held 1/23/91 of Geri Doherty, Development Code Inspector and viewing the evidence, exhibits submitted: City exhibit A, 2/13/91 - a copy of the signed Notice of Violation and exhibit A, 1/23/91 - a photograph of the sign on the property, it is evident that a portable sign was in place beyond the date the permit granted. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Michael Peters was in violation of Section 134.011(e). It is the Order of this Board that Michael Peters shall comply with Section 134.011(e) of the Code of the City of Clearwater. If Michael Peters repeats the violation, the Board may order him to pay a fine of $100.00 per day for each day the violation exists after Michael Peters 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 4-0. Mr. Aude abstained as he was not present for the original testimony on January 23, 1991. Done and Ordered this 13th day of February, 1991. Geri Doherty, Development Code Inspector, stated Julie's Restaurant is now in compliance with the code. In response to a question, John Richter, Development Code Manager, stated design of a sign is not required in applying for a permit. He stated a portable sign could be made permanent by putting it in a foundation. Code allows portable signs in five situations: 1) a grand opening for up to 30 days, 2) real estate sign while property is for sale, 3) construction sign, 4) announcement of a public interest function - twice a year for 48 days, and 5) political signs for 60 days prior and seven days after an election. He stated the City chose to be more conservative rather than outright banning of portable signs. UNFINISHED BUSINESS Affidavits of Compliance Case 90-8-2-3 Dimmit Car Leasing 2201 US 19 North Case 90-11-1-4 Michael J. Bobowski 3265 Pine Haven Dr Case 90-11-1-5 Richard S. Truesdale 1404-1410 N Madison Ave Case 90-11-2-1 Linda S. Freeman 1231 N Saturn Ave Case 90-11-2-3 Donald E., Jr. & Jane Turpin 1124 Hollywood Ave Case 90-12-1-3 Leatrice Williams 1146 Engman St Case 91-01-1-1 Cinemas Y. Teatros vacant lot N 1230 Gulf Blvd Case 91-01-2-1 Daniel Engelhardt 500, 510, 520 & 530 Bayshore Blvd Case No. 34-90 Domino's Pizza, Inc. 2350 US 19 North Case No. 43-90 J.B.M. Entertainment of Countryside, Inc. dba Baby Dolls 3006 Gulf to Bay Blvd Case No. 12-91 E.J. Mitskevich 1132 Sunnydale Dr Mr. Aude moved to accept the affidavits of compliance in Case Nos. 90-8-2-3, 90-11-1-4, 90-11-1-5, 90-11-2-1, 90-11-2-3, 90-12-1-3, 91-01-1-1, 91-01-2-1, 34-90, 43-90, and 12-91. The motion was duly seconded and carried unanimously. Affidavits of Non-Compliance Case No. 1-91 Allison Repetto dba Orange Blossom Groves 18200 US 19 North Case No. 2-91 Fifteen S. Lincoln Associates 1261 Cleveland St In response to a question regarding Fifteen S. Lincoln Associates, the Inspector stated there has been no contact. Mr. Aude moved to accept the affidavits of non-compliance and issue the orders imposing the fines in Case Nos. 1-91 and 2-91. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report The Fine Status Report was reviewed. In response to a question, Miles Lance, Assistant City Attorney, stated he will try to collect on liens in the future if property is sold. He stated there is pending legislation to make liens superior to mortgages. NEW BUSINESS John Richter, Development Code Manager, introduced new Code Inspector, Janice King stating Ms. King has been with the City for over nine years. MINUTES - Meetings of January 9 and 23, 1991 Mr. Aude moved to approve the minutes of the meetings of January 9 and 23, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 3:50 p.m.