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04/10/1991 MUNICIPAL CODE ENFORCEMENT BOARD April 10, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude William Zinzow D. Wayne Wyatt Louise C. Riley (arrived 3:05 p.m.) Absent: 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 3:01 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 91-4-1 - Case No. 1 Evelyn H. Leahon, Tre. vacant lot about 1122 Sunset Point Rd. aka Sunset Point Replat, Lot 28 No one was present to represent the violator. Janice King, Development Code Inspector, stated there is excessive growth and weeds on this property, including the right of way. She verified ownership through the Pinellas County Property Appraiser's office, sent notice certified mail for which the signed receipt was returned. Ms. King stated she first inspected the property February 19th, and on February 22nd she posted and photographed the property. City submitted composite exhibit A - a copy of the legal notice and photographs of the property. The Inspector stated she reinspected the property this morning and the violation still exists, although there was mowing equipment at the property. In response to questions, Ms. King stated this is a recurring violation. She stated the property has been cleared in the past. Mr. Zinzow moved that concerning Case No. 1 of Public Nuisance Clearing List 91-4-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 1122 Sunset Pt. Rd. a/k/a Sunset Pt. Replat, Lot 28, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of April, 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 Janice King, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the legal notice and photographs, 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 Evelyn H. Leahon, Tre. is in violation of Section 95.04. It is the Order of this Board that Evelyn H. Leahon, Tre. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (4/20/91). 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 Evelyn H. Leahon, Tre. 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, Evelyn H. Leahon, Tre., shall notify Janice King, 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 April, 1991. Case No. 17-91 Gilbert G. Jannelli 909 S. Ft. Harrison Ave. (Life Safety/Fire Code) Complied Prior The Secretary to the Board stated a memo had been received requesting this case be withdrawn as the violation has been corrected. Case No. 18-91 Allyn Ayres & Randall B. Bryan 501 S. Missouri Ave. (Land Development Code/Signs) Rick Rosa, Code Inspector, requested withdrawal of Case No. 18-91 as the violator has come into compliance by obtaining the required permit. Mr. Cardinal moved to withdrawn Case Nos. 17-91 and 18-91 as requested by the Inspectors. The motion was duly seconded and carried unanimously. Case No. 20-91 Mike Dozios d/b/a J & M Tinting & Detail 2868 Gulf to Bay Blvd. (Land Development Code/Signs) Mike Dozios agreed that the violation did exist. He stated that, while he was out of town, his partner put the sign out. He failed to tell his partner that the sign was illegal. He stated the sign has not been put out since making his partner aware of the violation. He stated it is a 5 x 5 sign. In response to a question, he stated it is an oversized magnetic sign. John Richter, Code Enforcement Manager, stated the City wishes to establish the fact there was a violation in order to impose a fine should there be a repeat of the violation. Mr. Cardinal moved that concerning Case No. 20-91 regarding violation of Section 134.009(4) of the Clearwater City Code on property located at 2868 Gulf to Bay Blvd., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of April, 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 Mike Dozios admitting to having been in violation, it is evident that a sign was being displayed on a vehicle at the above referenced location. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Mike Dozios d/b/a J & M Tinting & Detail was in violation of Section 134.009(4). It is the Order of this Board that Mike Dozios d/b/a J & M Tinting & Detail shall comply with Section 134.009(4) of the Code of the City of Clearwater. If Mike Dozios repeats the violation, the Board may order him to pay a fine of $85.00 per day for each day the violation exists after Mike Dozios 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 deter- mining whether to grant the Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously. Done and Ordered this 10th day of April, 1991. Case No. 21-91 Ken Marks Ford Inc. O.K. Marks, Sr., President 24825 US 19 North (Land Development Code) Cameron Kerr, General Sales Manager, stated due to change in management, he took over the operation in September, 1990. He did not know the balloons were in violation. They were being used to generate traffic. He stated he spoke to Mr. Rosa after notification of the violation, and there are no more balloons displayed and there won't be as long as he is manager. Mr. Richter, Code Enforcement Manager, stated the City wishes to establish the violation and a fine to discourage a repeat of the violation. Mr. Aude moved that concerning Case No. 21-91 regarding violation of Section 134.009(5) of the Clearwater City Code on property located at 24825 US 19 N aka Ken Marks Ford Sub, Block A, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of April, 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 Cameron Kerr, General Sales Manager, admitting to having been in violation, it is evident that balloons were being displayed on the above referenced property, that the condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Ken Marks Ford Inc. was in violation of Section 134.009(5). It is the Order of this Board that Ken Marks Ford Inc. shall comply with Section 134.009(5) of the Code of the City of Clearwater. If Ken Marks Ford Inc. repeats the violation, the Board may order them to pay a fine of $100.00 per day for each day the violation exists after Ken Marks Ford 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 April, 1991. Case No. 22-91 Toyota of Clearwater Inc. d/b/a Performance Toyota 21799 US 19 North (Land Development Code) Mr. Aude abstained from the hearing due to a conflict of interest. Rick Rosa, Code Inspector, stated he first noticed the violation May 26, 1990 at which time he delivered a notice to Larry St. Croix. He reinspected the property and they were in compliance. The violation recurred February 16, 1991 and he issued a notice and requested a hearing. As of today the violation is corrected; however, he wishes to establish the existence of the violation and a fine to discourage a repeat of the violation. In response to questions, Mr. Rosa stated the notice issued in May, 1990 was to Mr. St. Croix, Used Car Sales Manager; and in February, 1991 to Mr. Dever as business owner. Mr. Lee Haas, Attorney for Automanage Inc., stated he is not here to testify, but for clarification of proof of service. In response to questions, Mr. Rosa stated the first citing of the violation was complied and did not go to hearing. He stated both notices of violation were issued to Performance Toyota; the first notice was hand delivered, the second sent certified mail. City submitted composite exhibit A, a copy of the notices of violation issued May 26, 1990 and February 28, 1991. Mr. Rosa stated both violations were at the same address and issued to Performance Toyota. He stated Performance is the name of the business on the sign at the site; Toyota of Clearwater Inc. is the parent corporation. In response to questions, Mr. Haas stated Mr. Dever is a stockholder in the corporation. He stated there have been no changes in corporation ownership, and feels due process of service was not received. In response to questions, Mr. Rosa stated he checked with Pinellas County records for ownership and occupational license permits which list Mr. Dever as permit owner. In response to questions, Mr. Haas stated Michael Dever is President of Automanage, Inc. which is doing business in Florida. He stated he is also a shareholder of Toyota of Clearwater Inc. doing business as Performance Toyota. He stated the corporation is not disputing the balloon violation of February 16, 1991; but was not aware of the May 26, 1990 violation. Discussion ensued regarding whether proper service has been obtained and if the affidavit is proper as submitted. It was also stated sworn testimony can be accepted as sufficient evidence. Mr. Haas objected; he was overruled. Further discussion ensued regarding whether or not the proper parties had been cited and notified. In closing, John Richter, Code Enforcement Manager, stated the Inspector gave his testimony under oath that he witnessed the violation. He stated the entity's attorney is present, proving proper service was obtained. He stated the City wishes to establish the violation and a fine to discourage a repeat of the violation. Attorney Haas, in closing, stated the Board's counsel questioned the value of the notice of violation for May, 1990. He stated Mr. Dever did not receive prior notice of the violation. He questioned the City code regarding balloons not being mentioned under the definitions for signs. In response to a questions, it was stated that serving a notice of violation on an officer of a corporation is sufficient service. It was also clarified that the violation cited was specific to display of balloons without reference to signs. Mr. Zinzow moved that concerning Case No. 22-91 regarding violation of Section 134.009(5) of the Clearwater City Code on property located at 21799 US 19 N a/k/a M&B 33/02, Sec 8/29/16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of April, 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 Mr. Hass, Attorney for Toyota of Clearwater Inc., and viewing the evidence, exhibits submitted: City exhibit A, notices of violation of May 26, 1990 and February 28, 1991 and a photograph taken February 16, 1991, it is evident that balloons were being displayed at the above referenced address, that this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Toyota of Clearwater Inc . d/b/a Performance Toyota was in violation of Section 134.009(5). It is the Order of this Board that Toyota of Clearwater Inc. shall comply with Section 134.009(5) of the Code of the City of Clearwater. If Toyota of Clearwater Inc. repeats the violation, the Board may order them to pay a fine of $100.00 per day for each day the violation exists after Toyota of Clearwater 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 April, 1991. UNFINISHED BUSINESS Affidavits of Compliance Case 91-2-1 #2 Denny's Realty Inc. W 1/2 of parcel @ 1400 US 19 S Affidavit of Compliance Mr. Aude moved to accept the Affidavit of Compliance in Case No. 91-2-1 #2. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Case No. 1-91 Allison Repetto d/b/a Orange Blossom Groves Letter requesting to address the Board Mr. Wyatt moved to grant Mr. Repetto's request for the regular meeting of April 24, 1991. The motion was duly seconded and carried unanimously. A status report regarding Import Auto Clinic, 1261 Cleveland Street, was requested. John Richter indicated a letter is being prepared to be sent to the property owner notifying them of the accrued fine. NEW BUSINESS A status report regarding Import Auto Clinic, 1261 Cleveland Street, was requested. John Richter indicated a letter is being prepared to be sent to the property owner notifying them of the accrued fine. MINUTES - Meeting of March 13, 1991 Mr. Aude moved to approve the minutes of the meeting of March 13, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 4:31 p.m.