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03/13/1991 MUNICIPAL CODE ENFORCEMENT BOARD March 13, 1991 Members present: William Murray, Chairman William Zinzow D. Wayne Wyatt John McKinney Louise C. Riley Absent: Bruce Cardinal, Vice-Chairman (excused) Robert Aude (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 3:01 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 91-3-1 - Case No. 1 Clearwater Seville Ltd. vacant land S of Pearce Dr. No one was present to represent the violator. Geri Doherty, Development Code Inspector, stated this is a vacant parcel which is overgrown. She verified ownership through the Pinellas County tax rolls and sent notice certified and regular mail. The certified receipt has not yet been returned. She posted and photographed the property February 20, 1991. Ms. Doherty submitted City composite exhibit A, a photograph and copy of the notice. In response to questions, Ms. Doherty stated she inspected the property this morning and the violation still exists. She stated she mailed the notice on February 20, 1991. She has not cited the property before, but believes this is a repeat violation. Mr. Wyatt moved that concerning Case No. 1 of Public Nuisance Clearing List 91-3-1 regarding violation of Section 95.04 of the Clearwater City Code on property known as the vacant land S of Pearce Dr aka M&B 33/06, Sec 17-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of March, 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 Geri Doherty, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the legal notice and photograph of the property taken 2/20/91, 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: Clearwater Seville Ltd. is in violation of Section 95.04. It is the Order of this Board that Clearwater Seville Ltd. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (3/23/91). 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 Clearwater Seville Ltd.. 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, Clearwater Seville Ltd. shall notify Geri Doherty, 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 March, 1991. - Case No. 2 Louisiana Life Ins. Co. Inc. 1201-1215 Drew St No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated there is excessive growth and weeds in the right of way and around the complex. Ownership was verified through the Property Appraiser's Office, and notice was sent certified and regular mail. The certified mail came back marked "addressee unknown"; the regular mail did not come back. Ms. Niemiller stated she first inspected the property February 6, and she posted and photographed the property February 13, 1991. She reinspected the property this morning and the violation still exists. She submitted City composite exhibit A, photographs and a copy of the legal notice. In response to questions, Ms. Niemiller stated this is a business complex which appears to be vacant. She checked the phone book, but there wasn't any listing for Louisiana Life Insurance Co. She stated this is a repeat violation. Mr. Wyatt moved that concerning Case No. 2 of Public Nuisance Clearing List 91-3-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1201-1215 Drew St aka Padgett's Estates Sub, Lot 1 less S 65' & W 15', the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of March, 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 legal notice and photographs of the property taken February 13 and March 13, 1991, 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: Louisiana Life Insurance Co. Inc. is in violation of Section 95.04. It is the Order of this Board that Louisiana Life Insurance Co. Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (3/23/91). 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 Louisiana Life Insurance Co. Inc.. 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, Louisiana Life Insurance Co. Inc. 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 March, 1991. - Case No. 3 Allan J. Stowell vacant lots behind 2871 Gulf to Bay Blvd Vicki Niemiller, Development Code Inspector, requested this case be withdrawn stating she reinspected the property this afternoon, and compliance has been obtained. Mrs. Riley moved to withdraw Case No. 3 of Public Nuisance Clearing List 91-3-1. The motion was duly seconded and carried unanimously. Case No. 15-91 David J. Gangelhoff d/b/a Gulf Marine 405 N. Ft. Harrison Ave. (Land Development Code) Continued from 2/27/91 Geri Doherty, Development Code Inspector, requested this case be withdrawn at this time. She stated it is a complex case of which the Planning and Development Director is reviewing and working with the owner. Mr. McKinney moved to withdraw Case No. 15-91. The motion was duly seconded and carried unanimously. Case No. 16-91 Arthur & Angeliky Alimonos d/b/a Poseidon Restaurant & Lounge 25822 US 19 North (Land Development) Rick Rosa, Development Code Inspector, stated he saw a banner saying "Open for Lunch" on the front of the building at the above referenced address on January 18, 1991. He sent notice to the owners with compliance due February 4, 1991; and the signed certified mail receipt was returned. He stated on February 6, 1991, the banner was still in place; he returned and photographed the property February 7, 1991. He reinspected this morning and they are now in compliance. Mr. Alimonos, owner of the restaurant, stated the economy is bad; he thought if he opened for lunch it would be better for business. He stated he called and asked the City Commission for help, and was told to put the sign on the building. He received a notice stating he had to remove the sign. In response to question, Mr. Alimonos stated he does not know who told him he could place the sign on the building. Discussion ensued regarding what Mr. Alimonos can do about the signage for his business, and it was stated there are several options. It was stated a permit can be acquired for a temporary window sign. It was suggested Mr. Alimonos talk with the Planning and Development Department regarding his options. In response to a question, Mr. Alimonos stated his windows are too low for a window sign to be seen. Mr. Zinzow moved that concerning Case No. 16-91 regarding violation of Section 134.009(5) of the Clearwater City Code on property located at 25822 US 19 N a/k/a M&B 14/04, Sec 31-28-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of March, 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 taken February 7, 1991, it is evident that a banner was 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: Arthur & Angeliky Alimonos, d/b/a Poseidon Restaurant & Lounge, were in violation of Section 134.009(5). It is the Order of this Board that Arthur & Angeliky Alimonos, d/b/a Poseidon Restaurant & Lounge, shall comply with Section 134.009(5) of the Code of the City of Clearwater. If Arthur & Alimony Alimonos repeat the violation, the Board may order them to pay a fine of $50.00 per day for each day the violation exists after Arthur & Angeliky Alimonos are 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 13th day of March, 1991. UNFINISHED BUSINESS Affidavits of Compliance Case 90-6-1 #1 Einstein & Evelina Boykins 1305 Wood Dr Case 90-8-2 #4 CSX Transportation RR ROW from Lakeview Rd S to Belleair Rd Case 90-9-1 #4 First Federal Savings & Loan Assoc. 1480 Madison Ave Case 90-11-1 #1 Olga Wendling vacant lot about 608 Marshal St Case 90-11-1 #2 First Home Builders Inc. vacant lot about 512 N Washington Ave Case 90-12-1 #4 Pamela George 418 Lebeau St Case 91-1-1 #3 Carroll C. Garretson 2100 Palmetto St Case 91-2-1 #1 Helen L. Russell 1871 McKinley St Case 91-2-2 #1 Bay Properties Pinellas vacant lot about 1934 Hercules Case No. 1-91 Allison Repetto d/b/a Orange Blossom Groves 18200 US 19 North Case No. 4-91 Maurice Wilder d/b/a Equator Lounge 3000 Gulf to Bay Blvd Case No. 14-91 Charles F. Kaufman 1721 N Highland Ave Mr. McKinney moved to accept the Affidavits of Compliance in Case Nos. 90-6-1 #1, 90-8-2 #4, 90-9-1 #4, 90-11-1 #1, 90-11-1 #2, 90-12-1 #4, 91-1-1 #3, 91-2-1 #1, 91-2-2 #1, 1-91, 4-91 and 14-91. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None NEW BUSINESS Miles Lance, Assistant City Attorney, told the Board he has given to the Board's attorney and secretary copies of forms proposed to be used by the Inspectors for cases of repeat violations. He drafted an amendment to the State Statute regarding repeat violations which he sent to the Florida League of Cities for consideration. MINUTES - Meeting of February 27, 1991 Mrs. Riley moved to approve the minutes of the meeting of February 27, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 3:36 p.m.