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02/12/1992 MUNICIPAL CODE ENFORCEMENT BOARD February 12, 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. 8-92 Steve Lyon d/b/a Victoria's Island Wear North of #423 Mandalay Avenue (Land Development Code) No one was present to represent the alleged violator. John Richter, Code Enforcement Manager, requested this case be withdrawn. Mrs. Riley moved to withdrawn Case No. 8-92. The motion was duly seconded. In response to a question regarding whether compliance has been obtained, Mr. Richter stated compliance was obtained when the original violation came to the Board in October. The violation was repeated twice since then, using a different vehicle. Per City code, the fine can only be imposed for those days of the repeat violation after the violator is notified of said repeat violation. In a case such as this, the violation may already be corrected. Discussion ensued regarding other ways to put a repeat violator on notice. Upon the vote being taken to withdraw Case No. 8-92, the motion carried unanimously. Case No. 9-92 Peter E. Tsai and Grace Y. Chang 2456 Gulf-to-Bay Boulevard (Land Development Code) Mr. Cardinal moved to withdraw Case No. 9-92. The motion was duly seconded and carried unanimously. Case No. 10-92 Eugene B. and Judith A. Thomas 1017 Grantwood Avenue (Land Development Code) Mr. Wyatt moved to continue Case No. 10-92. The motion was duly seconded and carried unanimously. Case No. 11-92 Albertson's Inc. 26583 U.S. 19 North (Land Development Code) No one was present to represent the violator. Geri Doherty, Development Code Inspector, stated pennants and banners were displayed on December 16, 1991. A notice was issued with a compliance date of December 20; the banners were still there on December 23, 1991. They are now in compliance, and it is desired the violation be established for possible future repeats. City submitted composite exhibit A, photographs of the property taken on December 23rd. In response to questions, the Inspector stated she believes Albertson's put up the banners; they were having a grand re-opening. She stated she spoke to the manager, and there have been similar problems before. She stated even for a grand opening a special permit is needed for banners, and you still can not use wind devices. Mr. Cardinal moved that concerning Case No. 11-92 regarding violation of Section 134.009(5) of the Clearwater City Code on property located at 26583 U.S. 19 North a/k/a Lot 7, Countryside Village Square, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of February, 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 Geri Doherty, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property taken December 23, 1991, it is evident that banners and pennants were displayed at the referenced violation address. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Albertson's Inc. was in violation of Section 134.009(5). It is the Order of this Board that Albertson's Inc. shall continue compliance with Section 134.009(5) of the Code of the City of Clearwater. If Albertson's 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 Albertson's 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. Case No. 13-92 Eugene B. Gargiulo Sr. d/b/a B & C Produce 1345 N. Highland Avenue (Land Development Code) Mr. Cardinal moved to withdraw Case No. 13-92. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 56-91 C. & L. Conti/A. & E. Labricciosia 653 Mandalay Avenue Affidavit of Compliance Mrs. Riley moved to accept the Affidavit of Compliance in Case No. 56-91. The motion was duly seconded and carried unanimously. Case No. 64-91 Roger Hober 614 Phoenix Avenue Affidavit of Non-Compliance Mr. Cardinal moved to accept the Affidavit of Non-Compliance and issue the Order imposing the fine in Case No. 64-91. The motion was duly seconded and carried unanimously. Case No. 7-92 Stephen & Debra Hitchens 1240 S. Hillcrest Avenue Affidavit of Compliance Mrs. Riley moved to accept the Affidavit of Compliance in Case No. 7-92. The motion was duly seconded and carried unanimously. MINUTES - Meeting of January 22, 1992 Mrs. Riley moved to accept the minutes of the meeting of January 22, 1992 as submitted. The motion was duly seconded and carried unanimously. OTHER BUSINESS John Richter, Code Enforcement Manager, stated amendments to the code regarding lot clearing violations are being prepared. One amendment is to allow the Board to impose a fine for repeat violators of the lot clearing ordinance. In response to a question, he stated this would be in addition to the cost of clearing and the administrative fee. Another amendment would be to delete requirement of the Board to give violators a minimum of ten days to comply, but to allow the Board to order any amount of time for compliance. ADJOURN - The meeting adjourned at 3:25 P.M.