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02/27/1991 MUNICIPAL CODE ENFORCEMENT BOARD February 27, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude (arrived 3:45 p.m.) D. Wayne Wyatt Louise C. Riley Absent: William Zinzow (excused) John McKinney (unexcused) 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 3:01 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 - Case No. 1 Bay Properties Pinellas vacant lot about 1934 Hercules Ave There was no one present to represent the violator. Rick Rosa, Code Inspector, stated he verified ownership through the Property Appraiser's Office. He first inspected the property January 23, 1991 and posted and photographed it on January 25, 1991. He sent a copy of the notice certified mail to the owner of the property, and the signed receipt was returned January 31, 1991. City submitted composite exhibit A, a copy of the file of record. Mr. Rosa stated he reinspected the property this morning and there is not change in its condition. In response to questions, Mr. Rosa stated the owners have not contacted him. He stated the property has been posted before. Mr. Cardinal moved that concerning Case No. 1 of Public Nuisance Clearing List 91-2-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 1934 Hercules Ave aka Sunset Oaks, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th 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 at the above address. The Conclusions of Law are: Bay Properties Pinellas is in violation of Section 95.04. It is the Order of this Board that Bay Properties Pinellas shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (3/9/91). 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 Bay Properties Pinellas. 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, Bay Properties Pinellas 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 27th day of February, 1991. Case No. 5-91 Frank C. Kunnen d/b/a Clearwater "19" Commerce Park 797 US 19 North (Land Development Code) continued from 2/13/91 Rick Rosa, Development Code Inspector, requested this case be withdrawn. In response to a question, he stated the violator is now in compliance. Mr. Cardinal moved to withdraw Case No. 5-91. The motion was duly seconded and carried unanimously. Case No. 13-91 Lawrence Dimmit III, President/Registered Agent Dimmit Chevrolet Inc. 25485 US 19 North (Land Development Code) Joshua Magdison, attorney representing Dimmit, requested the notice be amended to eliminate "d/b/a", as Mr. Dimmit is not doing business as the corporation, but is the President of the corporation. Rick Rosa, Development Code Inspector, stated on Saturday, October 27, 1990, he inspected the property and found that cars were being parked on the grass. He sent notice certified mail with compliance due by November 2, 1990 at which time Dimmit did comply. Mr. Rosa inspected the property January 19, 1991 and the vehicles were displayed on the grass again. He reinspected the property this morning and compliance has been obtained. City submitted exhibit A, a photograph of the property taken January 19, 1991. Mr. Rosa stated he wishes to establish the violation in case of a repeat, the fine could be imposed. Mr. Magdison, attorney representing Dimmit, stated his client is trying to comply. He stated the information regarding the violation doesn't always get through the chain of command, and it is not intentional. Mr. Magdison expressed concern regarding the City being able to institute a fine without a further hearing should the violation occur again. It was stated there would be another hearing, however, the fine could be imposed effective back to the first day of the repeat violation. Discussion ensued regarding the date of the original violation and the photograph taken several months later. Discussion further ensued regarding the need to follow through establishing the first violation, and the need to issue a notice of violation for repeat violations. Also, concern was expressed regarding bringing violations to the Board months after the original citation. Discussion further ensued regarding the procedure for violations corrected prior to a hearing, and it was stated all notices of the violation should be noted on the affidavit. The Inspector requested the Board withdraw Case No. 13-91. Mr. Wyatt moved to withdraw Case No. 13-91. The motion was duly seconded and carried four to one. Mr. Aude abstained from voting as he was not present for the entire hearing. Case No. 14-91 Charles F. Kaufman 1721 N Highland Ave (Land Development Code) No one was present to represent the violator. Rick Rosa, Development Code Inspector, inspected the property January 10, 1991, and found a trailer parked in the setback area. He sent notice of the violation certified mail, the signed receipt was returned. He reinspected the property January 31, 1991, the trailer had been moved but was still in violation. Mr. Rosa submitted City exhibit A, a photograph of the trailer on the property. In response to questions, Mr. Rosa stated the notice sent to the violator explains what the violation is. He stated the property is on a corner and the setback is the same on the front and side, which he believes is 25 feet. He stated the violation still exists. He stated the house is built up to the setback line. Mr. Cardinal moved that concerning Case No. 14-91 regarding violation of 136.022(i)(2)b of the Clearwater City Code on property located at 1721 N Highland Ave aka Highland Est Sub, Blk B, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th 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, Development Code Inspector, and viewing the evidence, exhibits submitted: City exhibit A - a photograph of the property and B - a copy of the Notice of Violation, it is evident that a hauling trailer is being parked within the setback area of the property referenced above. The Conclusions of Law are: Charles F. Kaufman is in violation of Section 136.022(i)(2)b. It is the Order of this Board that Charles Kaufman shall comply with Section 316.022(i)(2)b of the Code of the City of Clearwater within 10 days (3/9/91). If Charles Kaufman does not comply within the time specified, the Board may order them to pay a fine of $150.00 per day for each day the violation continues to exist. If Charles Kaufman does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, 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, Charles Kaufman 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 27th day of February, 1991. Case No. 15-91 David J. Gangelhoff d/b/a Gulf Marine 405 N. Ft. Harrison Ave. (Land Development Code) Request for continuance Mr. Aude moved to continue Case No. 15-91 to the March 13, 1991 meeting. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Affidavits of Compliance Case 90-11-1 #3 Daisy Williams 1398 Baskin Dr Case 90-11-2 #2 Greg & Diana LaSalle 1217 Grantwood Ave Case 90-12-1 #1 Richard Leon 1002 Eldridge St Case No. 3-91 Ruth Brown 316 Pleasant St Mr. Wyatt moved to accept the Affidavit of Compliance in Case Nos. 90-11-1-3, 90-11-2-2, 90-12-1-1 and 3-91. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None NEW BUSINESS - None MINUTES - Meeting of February 13, 1991 Mrs. Riley moved to accept the minutes of the meeting of February 13, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 4:10 p.m. IDENTITECH OBJECT ID BLOCK.2003031215:13:02000JCCX0ID005V:X0ID005V\*ALL\MINUTES FOLDER:*|X