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07/08/1992 MUNICIPAL CODE ENFORCEMENT BOARD July 8, 1992 Members present: William Murray, Chairman William A. Zinzow Louise C. Riley D. Wayne Wyatt Stephen D. Swanberg Stephen Gerlach Absent: Bruce Cardinal, Vice-Chairman (excused) Also present: Andy Salzman, Attorney for the Board Mary Kathryn Diana, 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. 44-92 Peter & Patricia Nichols 606 N. Greenwood Avenue (Land Development Code) Vicki Niemiller, Code Enforcement Inspector, stated ownership was verified through the Property Appraiser's office, notice was sent to the property owner and the business, Universal Motors II. There is outdoor storage on the property, such as motor vehicles and auto parts, in violation of a conditional use approval. On September 30, 1986, the Planning and Zoning Board approved a conditional use for a paint and body shop with a condition of no storage or service outside the building. The Inspector first inspected the property May 4th and issued a notice giving until May 19th to comply. The violation still existed on May 20th; as of this morning, many vehicles have been removed, but some car parts still remain. City submitted composite exhibit A, photographs taken May 29 and July 8, 1992. Peter Nichols stated he is in the process of cleaning up the property. He requested another 7-10 days to complete the work. In response to questions, Mr. Nichols agreed the violation exists. He stated he has to move two or three more cars and clean up the property, and ten days would be enough time. Mr. Wyatt moved that concerning Case No. 44-92 regarding violation of Section 137.011(e) of the Clearwater City Code on property located at 606 North Greenwood Avenue a/k/a Pine Crest Sub., Block 12, Lots 1-3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of July, 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 Enforcement Inspector, and Peter Nichols, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, it is evident that there is illegal outdoor storage in the form of vehicles and vehicle parts at 606 North Greenwood Avenue. The Conclusions of Law are: Peter and Patricia Nichols are in violation of Section 137.011(e). It is the Order of this Board that Peter and Patricia Nichols shall comply with Section 137.011(e) of the Code of the City of Clearwater within 10 days (7/18/92). If Peter and Patricia Nichols do not comply within the time specified, the Board may order them to pay a fine of 25.00 per day for each day the violation continues to exist past the compliance due date. If Peter and Patricia Nichols do 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, Peter and Patricia Nichols shall notify Vicki Niemiller, 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. Case No. 45-92 Steven & Kimberly Eversole 1932 McKinley Street (Land Development Code) No one was present to represent the violator. Janice King, Code Enforcement Inspector, stated a boat 20 feet six inches in length is parked in the setback area. Property ownership was verified through the Property Appraiser's office, notice was sent certified mail and the signed receipt was returned. Ms. King stated she also spoke with the owner several times. She first noticed the boat May 27th, and upon reinspection June 22nd, the boat was moved. She noticed the boat in the setback again and spoke to the owner. The boat was removed but, at a later date, it was again in the setback. The boat is not currently in the setback. In response to questions, the Inspector stated the length of the boat was verified by checking the boat registration. She stated complaints were received from the neighbors. The boat was parked in the front yard setback. Alternative parking places might be behind the fence or between the houses. Mr. Swanberg moved that concerning Case No. 45-92 regarding violation of Section 136.022(i)(2)a of the Clearwater City Code on property located at 1932 McKinley Street a/k/a Marymont Sub., Block 20, the west 65 feet of lots 12 & 13, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of July, 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 Janice King, Code Enforcement Inspector, it is evident that a boat in excess of 20 feet was parked in the setback area in a residential neighborhood. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Steven and Kimberly Eversole were in violation of Section 136.022(i)(2)a. It is the Order of this Board that Steven and Kimberly Eversole shall comply with Section 136.022(i)(2)a of the Code of the City of Clearwater. If Steven and Kimberly Eversole repeat the violation, the Board may order them to pay a fine of 25.00 per day for each day the violation exists after Steven and Kimberly Eversole 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. 46-92 Helen Clark 1600 Gulf to Bay Boulevard (Land Development Code) Janice King, Code Enforcement Inspector, stated the necessary permits for the signs on the subject property were obtained, and she requested this case be withdrawn. Mr. Watt moved to withdraw Case No. 46-92 as requested by staff. The motion was duly seconded and carried unanimously. Case No. 47-92 Robert J Campbell 200 N Ft Harrison Avenue (Land Development Code) No one was present to represent the violator. Vicki Niemiller, Code Enforcement Inspector, stated property ownership was verified through the Property Appraiser's office, notice of the violation was sent by certified mail, and the signed receipt was returned. Olympia's Firestone, the business at 200 North Fort Harrison Avenue, was also sent a copy of the notice. She first inspected the property May 27th and there were streamers displayed and signs without permits. It was a new business, and she spoke to someone regarding the violation. On May 29th, the streamers were gone but they still had not acquired the sign permits. A notice of the violation was issued June 3rd allowing until June 9th to pull the permits for the signs. Upon inspection June 10th, two permits were pulled for face changes; the other signage is still not permitted. The Inspector stated there are nine illegal signs on the property. In response to questions, the Inspector stated two additional wall signs would be allowed. After speaking with the property owner who expressed a lack of understanding by the business owner, the Inspector again explained the violation to the business owner. The property was reinspected this morning, and nine illegal signs still remain. City submitted composite exhibit A, photographs of the property. In response to questions, Ms. Niemiller stated she spoke with the business owner on May 27th and June 30th. The six signs over the garage bay are painted on and exceed the maximum space allowed by code. A question was raised regarding the property owner's right to remove signs belonging to the lessee of the property; and why the business owner is not cited as the violator. It was stated the City has no recourse against the tenant of the property. It's up to the property owner to advise the tenant and ensure compliance is obtained. It was suggested the tenant be copied on the order. Mr. Zinzow moved that concerning Case No. 47-92 regarding violation of Section 134.013(a) of the Clearwater City Code on property located at 200 North Fort Harrison Ave. a/k/a Hayden's Est. Rev., Lot 1 & E 70' of Lot 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of July, 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 Enforcement Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, it is evident that nine illegal signs currently exist at 200 North Fort Harrison Avenue. The Conclusions of Law are: Robert J. Campbell is in violation of Section 134.013(a). It is the Order of this Board that Robert J. Campbell shall comply with Section 134.013(a) of the Code of the City of Clearwater by July 18, 1992. If Robert J. Campbell does not comply within the time specified, the Board may order him to pay a fine of $25.00 per day per sign for each day the violation continues to exist past the compliance due date. If Robert J. Campbell 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, Robert J. Campbell shall notify Vicki Niemiller, 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. Case No. 48-92 Stephen & Sharon McKee 628 Fairwood Forest Drive (Land Development Code) No one was present to represent the violator. Geri Doherty, Code Enforcement Inspector, stated a camper trailer was being parked in a city right of way between the sidewalk and street at the referenced property. Ownership was verified through the Property Appraiser's office. She first noticed the violation June 1st and posted a sticker on the trailer. The camper was still there June 4th, she spoke to Sharon McKee who said they would move it. The violation still existed on June 9th, and a notice was issued with compliance due by June 16th. The Inspector reinspected the property June 17th and the violation still existed. Complaints were received from the neighbors. City submitted composite exhibit A, photographs of the property taken June 17th and July 1st. Upon reinspection this morning, the camper was no longer in the right of way. In response to questions, Ms. Doherty stated the setback is only ten feet; however, they can keep the camper under the carport, which is where it is parked today. Mr. Wyatt moved that concerning Case No. 48-92 regarding violation of Section 136.022(i)(1)c of the Clearwater City Code on property located at 628 Fairwood Forest Drive a/k/a Fairwood Forest, Lot 109, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of July, 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 Enforcement Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, it is evident that a recreational vehicle, in the form of a camping trailer, was parked in the street right of way contiguous to residentially zoned 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: Stephen and Sharon McKee were in violation of Section 136.022(i)(1)c. It is the Order of this Board that Stephen and Sharon McKee shall comply with Section 136.022(i)(1)c of the Code of the City of Clearwater. If Stephen and Sharon McKee repeat the violation, the Board may order them to pay a fine of $25.00 per day for each day the violation exists after Stephen and Sharon McKee 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. 49-92 Jose's Mexican Restaurant Inc. 2097 Drew Street, B (Land Development Code) Ms. King stated the necessary permits were obtained for the signs at this address and requested the case be withdrawn. Mr. Wyatt moved to withdraw Case No. 49-92 as requested by staff. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 18-92 Thomas Floyd 603 Hart Street Affidavit of Non-Compliance - Part 2 Mr. Wyatt moved to accept the Affidavit of Non-Compliance in Case No. 18-92 and issue the order imposing the fine. The motion was duly seconded and carried unanimously. Case No. 39-92 Adriano Battaglini 500 North Fort Harrison Ave Request for Rehearing The Board discussed the reason for the request. Consensus was the Municipal Code Enforcement Board is not the proper forum for requesting an adjustment to conditions imposed. Consensus was to send Mr. Battaglini a letter suggesting he address his concerns back to Planning and Zoning or the Development Code Adjustment Board for a variance to the condition. Ms. Riley moved to deny the request for rehearing in Case No. 39-92 and to send a letter to Mr. Battaglini redirecting him to Planning and Zoning. The motion was duly seconded and carried unanimously. MINUTES - Meeting of June 24, 1992 Ms. Riley moved to accepted the minutes of the meeting of June 24, 1992 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 3:50 p.m.