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01/08/1992 MUNICIPAL CODE ENFORCEMENT BOARD January 8, 1992 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William A. Zinzow D. Wayne Wyatt Louise C. Riley Stephen D. Swanberg Stephen Gerlach 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 Case No. 48-91 National Advertising Company 22726 U S 19 North (Land Development Code) Continued from 12/11/91 John Richter, Code Enforcement Manager, requested this case be withdrawn stating compliance has been obtained. Mr. Wyatt moved to withdraw Case No. 48-91. The motion was duly seconded and carried unanimously. Case No. 65-91 Consolidated Bank about 1180 S Gulf Boulevard (Land Development Code) Continued from 12/11/92 John Richter, Code Enforcement Manager, requested this case be withdrawn as compliance has been obtained. Mr. Cardinal moved to withdraw Case No. 65-91. The motion was duly seconded and carried unanimously. Case No. 1-92 Bernard C & Barbara Barber 1362 Tuscola Road (Land Development Code) No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated property ownership was verified through the Property Appraiser's office. She inspected the property on October 25, 1991 and saw two vehicles parked in the right of way. This is a residential neighborhood. She sent notice of the violation by certified mail and compliance was obtained by November 15th. On December 4th, the vehicles again were in the right of way, and Ms. Niemiller sent a notice of a recurring violation. She reinspected the property the morning of the hearing, and the violation had been corrected. Ms. Niemiller submitted City exhibits A & B, photographs of the property showing the vehicles in the right of way. She stated she told the owners if the violation is repeated, they will be fined. In response to questions, Ms. Niemiller stated the vehicles are used for a business, and do have legal tags. She stated a commercial vehicle should not be in setback of residential area at anytime. The Code Enforcement Manager stated the only exception is if service is being conducted at that address. In response to questions, the Inspector stated the step-van is definitely in excess of the allowed vehicle size. She is unsure of the pickup truck. Mr. Cardinal moved that concerning Case No. 1-92 regarding violation of Section 136.022(2)e of the Clearwater City Code on property located at 1362 Tuscola Road a/k/a Lakeview Estates 1st Addn., Block 4, Lot 15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of January, 1992, 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, it is evident that a commercial vehicle in excess of seven feet high was being parked in the setback area of a residential area, 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: Bernard C. Jr. & Barbara Barber were in violation of Section 136.022(2)e. It is the Order of this Board that Bernard C. Jr. & Barbara Barber shall comply with Section 136.022(2)e of the Code of the City of Clearwater. If Bernard C. Jr. & Barbara Barber repeat the violation, the Board may order them to pay a fine of $25.00 per day for each day the violation exists after Bernard C. Jr. & Barbara Barber 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. Case No. 2-92 James Knight/Allen & Knight Property 1359 Cleveland Street (Land Development Code) No one was present to represent the violator. Rick Rosa, Development Code Inspector, stated on December 3rd he noticed signs being displayed on vehicles for the purpose of advertising. He verified property ownership through the Property Appraiser's tax records, and notified both the property owner and business owner of the violation by certified mail. The signed receipt was returned. One vehicle was removed as of December 10th and the other after the 13th. Mr. Rosa told the violator he would bring the case to the board to establish that the violation did exist in case of a repeat. In response to questions, Mr. Rosa stated Mr. Knight acknowledged the vehicle was used as a sign. City submitted exhibit A, a photograph of the property. Mr. Wyatt moved that concerning Case No. 2-92 regarding violation of Section 134.009(4) of the Clearwater City Code on property located at 1359 Cleveland Street a/k/a Overbrook Sub., Block 3, Lots 1-4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of January, 1992, 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, it is evident that two vehicles were placed on the property for the purpose of displaying signs; one vehicle was removed after initial notification to the business owner while the other remained. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: James Knight/Allen & Knight Property was in violation of Section 134.009(4). It is the Order of this Board that James Knight/Allen & Knight Property shall comply with Section 134.009(4) of the Code of the City of Clearwater. If James Knight/Allen & Knight Property repeats the violation, the Board may order them to pay a fine of $50.00 per day for each day the violation exists after James Knight/Allen & Knight Property 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. UNFINISHED BUSINESS Affidavits of Compliance Case 91-10-1 #3 Jessica W. Browne 1305 Ranchwood Drive Case 91-10-1 #4 Scott/Alicia Nicholas 2993 Talon Drive Case 91-10-1 #5 Janet E. H. Cave 2460 Nash Street Case 91-10-1 #7 Karl-Heinz M./Christine M. Neidhofer 216 David Avenue Case 91-10-1 #8 Walter L. Dunn 1108 Grantwood Avenue Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 91-10-1 #3, 91-10-1 #4, 91-10-1 #5, 91-10-1 #7, and 91-10-1 #8. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Case No. 7-91 Anthony Alexiou/Penguin Palace 7 Rockaway Street Request to address Board It was stated an Affidavit of Compliance has not been received; however a Certificate of Occupancy has been issued. Consensus of the Board was to tentatively schedule the request for the January 22, 1991 meeting contingent on receiving an Affidavit of Compliance from the inspector. It was also suggested the property owner be informed of his need to inform the inspector of compliance. Election of Officers Mrs. Riley nominated Mr. Murray as Chairman. The motion was duly seconded. Mr. Zinzow moved to close the nominations. The motion was duly seconded and carried unanimously. Upon the vote being taken on the motion to elect Mr. Murray, Mr. Murray was re-elected unanimously. Mr. Zinzow nominated Mr. Cardinal as Vice-Chairman. The motion was duly seconded. Mrs. Riley moved to close the nominations. The motion was duly seconded and carried unanimously. Upon the vote being taken to elect Mr. Cardinal, Mr. Cardinal was re-elected unanimously. MINUTES - Meetings of November 13 & 27, and December 11, 1991 A question was raised regarding Mrs. Riley's absences, specifically the unexcused absence of December 11, 1991. Mrs. Riley admitted she did not call in for the December 11th meeting; however, she did not receive a notice of the meeting, and did not have it on her calendar. It was stated the meetings are held on a regular schedule. It was also stated that on one or two occasions the notices have not been sent on time. Mr. Zinzow moved to amend the minutes of December 11, 1991 to replace Mrs. Riley's unexcused absence with an excused absence. The motion was duly seconded and carried unanimously. Mr. Zinzow moved to accept the minutes of the meetings of November 13 & 27, 1991 as submitted, and the minutes of December 11, 1991 as amended. The motion was duly seconded and carried unanimously. ADJOURN - 3:34 p.m.