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11/10/1993 MUNICIPAL CODE ENFORCEMENT BOARD November 10, 1993 Members present: D. Wayne Wyatt, Vice-Chairman Dennis Henegar Stephen D. Swanberg Louise C. Riley E.J. Robinson Peg Rogers Absent: Tamara Shannon (excused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Lt. Jeff Kronschnabl, Special Assistant to the City Manager; Community Response Team Supervisor Mary K. Diana, Secretary for the Board Gwen J. Legters, Recording Secretary 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 Vice-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. 51-93 Arthur & Mary Bruno / R. Mazikoske 1645 Gulf to Bay Boulevard (Land Development Code) Continued from 8/11/93, 9/8/93 & 10/13/93 Request to continue - Sign variance requested Case No. 74-93 C T Corp Syst / K-Mart Corp 2130 Gulf To Bay Blvd (Land Development Code) Continued from 8/11/93, 9/8/93 & 10/13/93 Request to continue - Sign variance requested Inspection Specialist, Geri Doherty, stated sign variances have been requested regarding Cases 51-93 and 74-93, and staff is requesting continuances for these cases. Member Riley moved to continue Cases 51-93 and 74-93 to the meeting of December 8, 1993. The motion was duly seconded and carried unanimously. Case No. 95-93 Sears Roebuck & Company 1297 South Missouri Avenue (Land Development Code) Continued from 9/22 & 10/27/93 Lt. Jeff Kronschnabl requested this case be continued. He stated staff has been working toward contacting someone locally who can assist the out-of-town property owner in gaining compliance. Member Riley moved to continue Case No. 95-93 to the meeting of December 8, 1993. The motion was duly seconded and carried unanimously. Case No. 104-93 Gertrude S Nall, Trustee Golden Dream: / Menna-Digiovanni 2950 Gulf To Bay Boulevard (Land Development Code) Continued from 10/27/93 Request to continue - Sign variance requested Case No. 105-93 Laura Connolly & G. Nall Gulf To Bay Motel / Menna-Digiovanni 2960 Gulf To Bay Boulevard (Land Development Code) Continued from 10/27/93 Request to continue - Sign variance requested Inspection Specialist, Geri Doherty, stated sign variances have been requested regarding Cases 104-93 and 105-93, and staff is requesting continuances for these cases. Member Riley moved to continue Cases 104-93 and 105-93 to the meeting of December 8, 1993. The motion was duly seconded and carried unanimously. Case No. 106-93 Claude E Miranda 700 S Lake Drive (Land Development Code) Continued from 10/27/93 A letter from John Locke, attorney representing Mr. Miranda, was read into the record. Mr. Locke requested a continuance to allow time to prepare. Member Riley moved to continue Case No. 106-93 to the meeting of December 8, 1993. The motion was duly seconded and carried unanimously. Case No. 108-93 Americana Gulf Motels, LTD c/o Edith Orosz, R.A. 411 S Gulfview Boulevard (Land Development Code) Michael Frangedis, representing Edith Orosz, stated he has corrected the condition for which the citation was issued; however, does not agree he was in violation. Vickie Niemiller, Code Enforcement Inspector, stated ownership of the property was verified through the Pinellas County Property Appraiser's office. She read the numbers of the applicable code sections regarding outside displays of merchandise. The property was originally inspected on August 26, 1993 and merchandise was observed outside. A notice of violation was sent both regular and certified mail on August 27, 1993 with a September 1, 1993 compliance date. The green certified card came back signed. Upon reinspection September 2, 1993, the merchandise was still outside. The property was reinspected this morning and was in compliance. Ms. Niemiller submitted City Exhibit A, photographs of the subject property, into the record. Mr. Frangedis asked what is considered an outside display of merchandise. He stated the chairs he places outside, which are used as seating for his customers, were taken from his inventory of merchandise and are not tagged for sale. He stated he and his parents, friends and relatives have been in business on Clearwater Beach for 21 years and questioned why he is not allowed to have chairs outside for seating as other businesses on the beach provide outdoor seating for their customers. Mr. Frangedis questioned if vending machines, news racks, etc. are legal. He felt merchants should be allowed to display merchandise outside on their property. He indicated a class action suit has been discussed by the business and property owners. In response to questions, Mr. Frangedis stated the freestanding building was converted from a real estate building 2½ years ago into a novelty shop. Member Wyatt questioned whether chairs identical to the ones outside were for sale inside. Mr. Frangedis replied they were. Discussion ensued regarding whether the chairs were considered to be merchandise. Lt. Kronschnabl indicated the chairs would be allowed outdoors if different from what is sold inside. Attorney Salzman felt there was no evidence presented that indicated the chairs outside were for sale. He offered to research whether or not there is case law concerning this issue. While it was felt the case should be continued pending research of the case law, Attorney Lance stated the point is moot as the violation has already been corrected. Member Henegar moved that, concerning Case No. 108-93, regarding violation of section 40.004(2) of the Clearwater City Code on property located at 411 S Gulfview Boulevard, a/k/a Lloyd White Skinner Sub, Lot 74 & N 10' of Lot 75, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of November, 1993, 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 the testimony of Vicki Niemiller, Code Inspector, Lt. Jeff Kronschnabl, Community Response Team, and Michael Frangedis, business owner, who represents the property owner, and who did not agree a violation existed, and viewing the evidence submitted City Exhibit A, a photograph of the subject property, it is evident an activity or object not allowed as a permitted or conditional use in the CR28 zone assigned to the subject property, specifically, outside display of merchandise, does not exist at 411 S Gulfview Boulevard. The Conclusions of Law are: Americana Gulf Motels, LTD, c/o Edith Orosz, R.A. is not in violation of Section 40.004(2) of the Clearwater City Code. It is the Order of this Board that Case No. 108-93 shall be dismissed. 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 upon the vote being taken, Members Henegar and Robinson voted "aye"; Members Riley, Rogers, Swanberg and Wyatt voted "nay". Motion failed. Member Henegar raised a question why businesses along Cleveland Street in the downtown are allowed to have outdoor displays. Ms. Niemiller stated the downtown is less restrictive. Concern was expressed the code, in this instance, was not tourist oriented. Member Riley moved, concerning Case No. 108-93, to agenda discussion of case law regarding outdoor displays for December 8, 1993. The motion was duly seconded and carried unanimously. Case No. 109-93 Church of Scientology / Flag Service Org., Inc. 500 Cleveland Street a/k/a 15 North Fort Harrison Avenue (Unsafe Building) Lt. Kronschnabl stated the alleged violator had complied prior to the public hearing and withdrew Case No. 109-93. Case No. 110-93 Viorel Caba 1970 Rainbow Drive (Public Nuisance) Viorel Caba, real property owner, did not admit to the violation, stating the vehicles in question are not abandoned. Janice King, Code Enforcement Inspector, stated there was one untagged boat and three untagged vehicles on the property. She issued the notices of violation, giving Mr. Caba until October 25, 1993 to comply. She stated she received a report from a City employee on October 22 and a complaint from a neighbor on October 27, wondering when action would be taken. City Exhibit A, photographs of the subject property, were submitted into evidence. Ms. King responded to questions, stating the vehicles are registered to people other than Mr. Caba. She stated a complaint that Mr. Caba was working on vehicles on his property is unconfirmed and is under investigation. Discussion ensued regarding which of the vehicles currently on the subject property are in violation. Mr. Caba stated the black Monte Carlo has been removed. In response to a question, he said the yellow 1977 Plymouth, a boat and the station wagon were purchased by him and he is waiting to receive the titles so he can have them registered. He asked for 30 to 45 days to comply. He said there is no room inside the garage for the vehicles and wishes to build a carport on the side of his house. Lt. Kronschnabl felt it would be cost prohibitive to tag the vehicles. He expressed concern in turning the property into a car lot and recommended allowing the minimum time for removal. Discussion ensued regarding the vehicles on the property and it being Mr. Caba's responsibility to obtain current registrations or to remove them from the property. Mr. Caba was informed unless the registrations are current, the vehicles are in violation of the public nuisance ordinance and must be removed from the property, or they may be removed by the City. Member Henegar moved that, concerning Case No. 110-93, regarding violation of Section 20.35(1) of the Clearwater City Code on property located at 1970 Rainbow Drive, a/k/a Skycrest Unit #8, Block B, Lot 12, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of November, 1993, 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 Viorel Caba and viewing the evidence submitted City Exhibit A, photographs of the subject property, it is evident the black Monte Carlo (93-4513) was removed prior to the public hearing and debris continues to exist in the form of unlicensed vehicles at 1970 Rainbow Drive. The Conclusions of Law are: Viorel Caba is in violation of Section 20.35(1) of the Clearwater City Code. It is the Order of this Board that Viorel Caba shall comply with Section 20.35(1) of the Code of the City of Clearwater within 10 days, (November 20, 1993). 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 Viorel Caba. 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 $200.00 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, Florida as other liens are recorded. If Viorel Caba takes remedial action after the time specified, the City Commission may assess the property the $200.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Viorel Caba 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. UNFINISHED BUSINESS OTHER BOARD ACTION Case No. 43-92 John H. Allison & Richard D. Fouts 1106 Grove Street (Unsafe Building) Affidavit of Compliance and Request to Address Board re Waiver of Fine Member Riley moved, concerning Case No. 43-92, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. In a letter dated November 8, 1993, Richard D. Fouts indicated he signed a waiver of lien and purchased the subject property to be his home. He stated he has corrected the unsafe conditions that existed and is now requesting the Board to consider waiving the fine. In response to questions, it was indicated the amount of the lien was approximately $85,000 as of August 31, 1993. Attorney Salzman stated a lien goes with the property. Member Riley moved, concerning Case No. 43-92, to allow Mr. Fouts to address the Board regarding a waiver of the fine. The motion was duly seconded and carried unanimously. Case No. 98-93 Hughes, R.E., Tre 1306½ North Garden Avenue (Standard Housing / Land Development Code) Affidavit of Non-Compliance Case No. 99-93 Hughes, R.E., Tre 1306 North Garden Avenue (Standard Housing / Land Development Code) Affidavit of Non-Compliance Member Swanberg moved, concerning Cases 98-93 and 99-93, to accept the Affidavits of Non-Compliance and to initiate the order imposing the fine. The motion was duly seconded and carried unanimously. Case No. 60-92 David Legault / James P. Knight 803 Railroad Avenue (Unsafe Building) Request for Waiver of Fine James Knight addressed the Board, giving a brief background of the case. He stated he and his partner were not aware there was a fine accruing. A fine of $33,250.00 has accrued on the property. Member Wyatt questioned the notification procedures and Attorney Salzman stated the certified mail came back unclaimed and was remailed regular mail at the request of Mr. Legault. He said the costs to the City amount to $2,064.24; $2,000.00 of which are demolition costs. Member Wyatt pointed out the Clearwater Neighborhood Housing Service has a contract with Mr. Knight and Mr. Legault to purchase the property for $7,000.00 for infill housing if the lien is reduced. Member Robinson moved, concerning Case No. 60-92 to reduce the fine from $33,250.00 to $2,300.00 (MCEB lien of $300.00; demolition lien of $2,000). The motion was duly seconded and, upon the vote being taken, Ms. Riley, Messrs. Henegar, Robinson and Swanberg voted "aye"; Ms. Rogers and Mr. Wyatt voted "nay". Motion carried. Presentation The Sunshine Law - Andy Salzman, Board Attorney Mr. Salzman reviewed the Sunshine Law, indicating one can be prosecuted for Sunshine Law violations. He expressed concern regarding Board members visiting violation sites and making contact with complainants. He noted the importance of making a decision based on facts. He handed out copies of guidelines regarding sunshine and voting conflicts. Presentation Procedures Update - Lt. Jeff Kronschnabl, Special Assistant to the City Manager; Community Response Team Supervisor Lt. Kronschnabl reviewed his training and experience and the reorganization of the Code Enforcement Division. He said efforts would be made to achieve compliance through education and cooperation and personal contact with the alleged violator. He welcomed suggestions from the members and asked the Board if there were any areas they wished to improve. Member Wyatt said a similar scenario had been used previously. He said he would like to observe the new procedure before providing any input. Member Swanberg asked to be apprised whether or not 803 Railroad Avenue was sold to the Clearwater Neighborhood Housing Service. MINUTES - Meeting of September 22 and October 13, 1993 Member Riley moved to approve the minutes of September 22 and October 13, 1993 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting was adjourned at 5:10 p.m. Chairman MUNICIPAL CODE ENFORCEMENT BOARD ATTEST: Secretary