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09/23/1992 MUNICIPAL CODE ENFORCEMENT BOARD September 23, 1992 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Louise C. Riley D. Wayne Wyatt Stephen D. Swanberg Stephen Gerlach (arrived 3:05 p.m.) Absent: William A. Zinzow (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 3:00 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. 70-92 Lawrence Dimmitt III 25485 North U.S. 19 (Land Development Code) Continued from 9/9/92 Request to withdraw Case No. 75-92 American Restaurant Group 1698 Gulf to Bay Boulevard (Land Development Code) Request to withdraw Mr. Cardinal moved to withdraw Case Nos. 70-92 and 75-92. The motion was duly seconded and carried unanimously. Case No. 77-92 George and Mary Collins 1944 Ripon Drive (Land Development Code) In response to a question, Mr. Collins felt he was not in violation from Ripon Drive but unsure regarding Sevard. Janice King, Code Enforcement Inspector, stated a recreational vehicle is parked in the setback at 1944 Ripon Drive, a residential neighborhood. Ownership was verified through the Property Appraiser's office; notice of the violation was sent by certified mail, and the signed receipt was returned. She has had no verbal contact with the violators. She first inspected the property April 3, 1992. Upon reinspection this morning, the violation still exists. City submitted Exhibit A, a photograph of the property. In response to questions, the Inspector stated the vehicle is in the setback off Sevard, which is a side yard setback; the house faces Ripon. Code requirements are subject to any street setback. Discussion ensued regarding how the setback are is determined, and it was stated that for single family zoning it is 25 feet. In response to questions, the Inspector stated a corner lot is subject to two street setbacks. The right of way is a minimum of five feet, requiring at least 30 feet from the right of way line to the recreational vehicle. George Collins stated he feels the purpose of the ordinance is preservation of attractive neighborhoods and unimpeded traffic. His neighbors have no objection to the vehicle being parked there. Mr. Collins submitted Defendant's Exhibit A, statements of no objection from his neighbors. He stated it is hidden behind trees and unobtrusive. Defendant's Exhibit B, photographs of the property, was submitted. There is no impedance of traffic or sight visibility. If required to move the vehicle, he would be in compliance on the east side of the property. Renovations he would need to do, including moving the air conditioning unit, would be expensive. Also, it would be more of an eyesore on the east side of his property. The motorhome has been there since April, 1988. Defendant's Exhibit C, a letter to Mayor Garvey from Mr. Collins, was submitted. He stated since he received no reply to his letter, he assumed the problem was resolved. In the four years of having the vehicle parked there, nothing was ever mentioned although city meter readers, garbage men, etcetera are in the area regularly. Mr. Collins submitted Defendant's Exhibit D, a drawing of the property depicting distances and the location of the recreational vehicle. Mr. Collins stated Sevard has a 60 foot right of way and is a dead end street. Requesting a ten foot vacation of the right of way or applying for a variance are his alternatives to moving the vehicle to the east side of his property. Again, he stated this would be less appealing to his neighbors. In response to a question regarding what prompted the inspection, the Inspector stated an anonymous complaint was received regarding a specific address with reference to other properties in the area. In closing, John Richter, Code Enforcement Manager, stated the City Commission began restricting the parking of recreational vehicles in 1985. A sixty day grace period was allowed. He stated there is no dispute the vehicle is in the setback area, and must be found in violation. Mr. Collins, in closing, agreed he is in violation from Sevard, that the vehicle is not an eyesore, and feels the code should be subjective. It will be an eyesore if moved to the other side of the property, and expensive to do so. Mrs. Collins stated they were not aware Sevard was also a front setback. Ms. Riley moved that concerning Case No. 77-92 regarding violation of Section 136.022(i)(2)(c) of the Clearwater City Code on property located 1944 Ripon Drive aka Fair Oaks 1st Addition, Lot 23, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of September, 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, John Richter, Code Enforcement Manager, and George and Mary Jane Collins, and viewing the evidence, exhibits submitted: City Exhibit A -a photograph of the property, and Defendant Exhibits A-D - photographs, letters and a drawing of the property, it is evident that a recreational vehicle is parked illegally in the setback area at 1944 Ripon Drive. The Conclusions of Law are: George and Mary Jane Collins are in violation of Section 136.022(i)(2)(c). It is the Order of this Board that George and Mary Jane Collins shall comply with Section 136.022(i)(2)(c) of the Code of the City of Clearwater by January 1, 1993. If 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 George and Mary Collins 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, George and Mary Collins shall notify Janice King, 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. 78-92 Donald and Jessie Zebley 1963 Ripon Drive (Land Development Code) In response to a question, Mr. Zebley agreed the violation exists. Janice King, Code Enforcement Inspector, stated the notice of violation, issued April 6, 1992, was sent by certified mail and the signed receipt was returned. Property ownership was verified through the Property Appraiser's office. There was also verbal communication regarding the violation of a recreational vehicle parked in the setback area of the property. An inspection was made the morning of the hearing and the violation still exists. City submitted Exhibit A, a photograph of the property. In response to questions, the Inspector stated the property faces Ripon Drive with neighbors on both sides, and the recreational vehicle is parked next to the driveway in front. She stated a maximum of 24 hours is allowed for such a vehicle to be parked in the setback for the purposes of loading/unloading. Mr. Zebley stated he has lived at 1963 Ripon Drive for 23 years, and has had four different recreational vehicles parked in the same place in the past 22 years. He has had no problems with the neighbors, and he never heard before about the violation. He believes the complaint received by the Inspector was directed against him, citing friction between him and another neighbor who built a second home on his property which is zoned single family residential. His vehicle is not an eyesore and has been there over twenty years. Mr. Zebley stated the inspector did not proceed through the rest of the neighborhood. John Richter, Code Enforcement Manager, stated city staff is reviewing all properties in the City to avoid selective citing. Its just a matter of time before others are cited. In response to a question, Mr. Zebley stated he has no other place to park the vehicle. Mr. Cardinal moved that concerning Case No. 78-92 regarding violation of Section 136.022(i)(2)(c) of the Clearwater City Code on property located at 1963 Ripon Drive aka Fair Oaks 1st Addition, Lot 34, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of September, 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, John Richter, Code Enforcement Manager, and Donald Zebley, and viewing the evidence, exhibits submitted: City Exhibit A - a photograph of the property, and Mr. Zebley's acknowledgement to the violation, it is evident that a motorhome is parked in the setback area at 1963 Ripon Drive. The Conclusions of Law are: Donald and Jessie Zebley are in violation of Section 136.022(i)(2)(c). It is the Order of this Board that Donald and Jessie Zebley shall comply with Section 136.022(i)(2)(c) of the Code of the City of Clearwater by January 1, 1993. If Donald and Jessie Zebley 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 Donald and Jessie Zebley 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, Donald and Jessie Zebley shall notify Janice King, 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. 79-92 Robert and Rosemary Parks 1957 Ripon Drive (Land Development Code) In response to a question, Mr. Parks agreed the violation exists. Janice King, Code Enforcement Inspector, stated the official date of notification of the violation was April 6, 1992. Notice was sent by certified mail and the signed receipt was returned. City submitted Exhibit A, a photograph of the property. In response to questions, the Inspectors stated the boat exceeds twenty feet, which was determined by contacting the motor vehicle department. The boat is registered at twenty feet three inches long. Mr. Parks stated he has lived at 1957 since 1969, and the boat has been there since 1974. He has never before heard from the City regarding the ordinance. When he received notification, he thought his boat was okay not realizing it was three inches past the allowable length. John Richter, Code Enforcement Manager, stated a complaint was received and it was determined if staff ignored it, they may be accused of not doing their job. In response to a question, he stated the Parks could apply for a variance. Mr. Cardinal moved that concerning Case No. 79-92 regarding violation of Section 136.022(i)(2)(a) of the Clearwater City Code on property located at 1957 Ripon Drive aka Fair Oaks 1st Addition, Lot 35, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of September, 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, John Richter, Code Enforcement Manager, and Robert Parks, and viewing the evidence, exhibits submitted: City Exhibit A - a photograph of the property, and Mr. Parks' acknowledgement of the violation, it is evident that a boat exceeding twenty feet in length is parked in the setback area at 1957 Ripon Drive. The Conclusions of Law are: Robert and Rosemary Parks are in violation of Section 136.022(i)(2)(a). It is the Order of this Board that Robert and Rosemary Parks shall comply with Section 136.022(i)(2)(a) of the Code of the City of Clearwater by January 1, 1993. If Robert and Rosemary Parks 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 Robert and Rosemary Parks 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, Robert and Rosemary Parks shall notify Janice King, 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. 80-92 William and Diane Wertz 1944 Magnolia Drive (Land Development Code) Request to withdraw John Richter, Code Enforcement Manager, requested this case be withdrawn as compliance has been obtained. Ms. Riley moved to withdraw Case No. 80-92. The motion was duly seconded and carried unanimously. Case No. 81-92 Adriano Battaglini 1216 N. Fort Harrison Avenue (Land Development Code) Request to withdraw Mr. Cardinal moved to withdraw Case No. 81-92. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 47-92 Robert J. Campbell 200 N. Ft. Harrison Ave. Affidavit of Compliance Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 47-92. The motion was duly seconded and carried unanimously. Case No. 60-92 David Legault/James P. Knight 803 Railroad 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. 60-92. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION/DISCUSSION The Secretary to the Board reviewed the Sunshine Law regarding contact/discussions between Board members outside of public meetings. The Secretary informed the Board of two upcoming vacancies on the Board, stating interested parties should contact the City Clerk Department for information and applications. MINUTES - Meeting of August 26, 1992 Ms. Riley moved to accept the minutes of the meeting of August 26, 1992 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 4:25 p.m.