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01/12/1994 MUNICIPAL CODE ENFORCEMENT BOARD January 12, 1994 Members present: D. Wayne Wyatt, Vice-Chair Dennis Henegar Louise C. Riley E.J. Robinson Peg Rogers Stephen D. Swanberg Absent: Tamara Shannon (unexcused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board 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-Chair 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. 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, 11/10/93 & 12/8/93 Sign variance requested 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, 11/10/93 & 12/8/93 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, 11/10/93 & 12/8/93 Sign variance requested It was indicated the sign variance requests for Cases 74-93, 104-93 and 105-93 are scheduled to be heard by the City Commission on March 7, 1994. Board Attorney Salzman noted cases that have not yet been heard may be set aside for longer than 30 days. Member Riley moved that Cases 74-93, 104-93 and 105-93 be continued to the meeting of March 23, 1994. The motion was duly seconded and carried unanimously. Case No. 01-94 Viorel Caba 1970 Rainbow Drive (Public Nuisance) Withdrawn - Complied Prior In a memo dated December 29, 1993, Code Enforcement Inspector Janice King stated the violation was corrected prior to the public hearing and she withdrew Case 01-94. Case No. 02-94 Speros & Joan Frangedis 437 S Gulfview Blvd (Land Development Code) Mrs. Boutzoukas, agent of Speros and Joan Frangedis, admitted to the violation. Mrs. Boutzoukas questioned what, if any, merchandise is allowed to be displayed outside her business. It was suggested she contact the City's Central Permitting Department and the Community Response Team regarding her outdoor display requirements. She also expressed concern with merchandise being displayed outdoors at Publix supermarket and asked if they are exempt from the regulations. It was indicated Publix is in a different zone and, under certain circurstances, would be allowed to display merchandise outdoors. Code Enforcement Inspector, Vicki Niemiller, stated she reinspected the property this morning and the violation still exists. She submitted City Exhibit A, photographs of the subject property, for the record. In response to questions, Ms. Niemiller stated staff recommends compliance within 5 days and a fine of $150.00 per day if compliance is not obtained, or if the violation is repeated. She stated the sign code is not being strictly enforced on Clearwater Beach due to the amount of non-conforming signage. She clarified that this violation is recurring. In response to a question, Mrs. Boutzoukas stated the merchandise being displayed outside is for sale inside the store. Member Riley moved that, concerning Case 02-94, regarding violation of Section 40.004(2) of the Clearwater City Code on property located at 437 S Gulfview Blvd a/k/a Lloyd White Skinner Sub, Lot 81, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of January, 1994, 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 Mrs. Boutzoukas, agent representing Speros & Joan Frangedis and who admitted to the violation, and viewing the evidence, exhibits submitted, City Exhibit A, photographs of the subject property, it is evident there exists an activity or object that is not allowed as a permitted or conditional use in the zone assigned to the subject property, specifically, an outside display of merchandise exists at 437 S Gulfview Blvd, this condition was corrected and recurred. It is further evident that the condition was not corrected prior to this hearing. The Conclusions of Law are: Speros & Joan Frangedis (agent, Mrs. Boutzoukas) are in violation of Section 40.004(2) of the Code of the City of Clearwater. It is the Order of this Board that Speros & Joan Frangedis (agent, Mrs. Boutzoukas) shall comply with Section 40.004(2) of the Code of the City of Clearwater by January 17, 1994. If Speros & Joan Frangedis (agent, Mrs. Boutzoukas) do not comply within the time specified, the Board may order them to pay a fine of $150.00 per day for each day the violation continues to exist past the compliance due date. If Speros & Joan Frangedis (agent, Mrs. Boutzoukas) 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, Speros & Joan Frangedis (agent, Mrs. Boutzoukas) shall notify Vicki Niemiller, the City Official who shall inspect the property and notify the Board of compliance. Should the violation recur, 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. 03-94 Arthur & Angeliky Alimonos Poseidon Restaurant & Lounge 25822 N US 19 (Land Development Code - Signs) In a memo dated January 18, 1994, Inspection Specialist Geri Doherty requested Case 03-94 be continued to the meeting of January 26, 1994. Member Rogers moved that Case 03-94, be continued to the meeting of January 26, 1994. The motion was duly seconded and carried unanimously. Case No. 04-94 Robert J. Metz, R.A. Metco Real Estate & Insurance 1822 Drew Street (Land Development Code - Signs) Case No. 05-94 Emil J Metz 1834 Drew Street (Land Development Code - Signs) It was noted Robert J. Metz and Larry Brown were not sworn because they indicated they would not be giving testimony. Mr. Brown objected to the use of the term "violator", indicating the term "alleged violator" would be more appropriate. He also stated it is against Florida law to record someone's conversation without their consent. He requested, for the record, that the recorder be turned off. Board Attorney Salzman stated all public meetings are subject to the Sunshine Law, which takes precedence. In response to questions, Mr. Brown indicated he represents Metco Real Estate and Insurance in Case 04-95. In addition to being the registered agent in Case 04-94, Mr. Metz stated he is the guardian in Case 05-94. Mr. Metz did not admit to the violations in either case. Charles Zetterberg, Code Enforcement Inspector, gave the background of Case 04-94. He stated a sign that appears to revolve exists at 1822 Drew Street. Signage at this location also exceeds the maximum area (64 square feet) and allowable height (20 feet) for freestanding signs in this zoning district. He stated this sign is 150.8 square feet in area and is 31 feet tall. Property ownership was verified through the County Property Appraiser's office and the property owner was notified by both regular and certified mail. The green certified mail receipt was returned. Notice of violation was sent July 16, 1993, with a compliance due date of August 18, 1993. City Exhibit A, photographs of the subject property taken at the time of the survey and City Exhibit B, photographs of the subject property taken this morning were submitted for the record. Mr. Zetterberg stated he reinspected the property this morning and the violations remain. Mr. Brown questioned Mr. Zetterberg's authority and Mr. Zetterberg responded he inspects signs. Mr. Brown alleged that Mr. Zetterberg made a statement regarding the upkeep and maintenance of the lawn on the Metco Real Estate and Insurance property. Mr. Brown wanted to make it clear he would not be extorted by the Board or the City. He raised a question concerning a flag issue. Discussion ensued regarding the Board's policy relating to the order of proceedings. It was explained the issue before the Board is to decide whether or not the sign violations exist as cited. Attorney Salzman explained the normal process in questioning. He stated there are established procedures to be followed. Mr. Brown requested a postponement of his case in order to have his attorney present; however, then decided to proceed. Mr. Metz questioned Mr. Zetterberg regarding the code section relating to rotating signs, beacons, and so on. Mr. Zetterberg stated one portion of the sign in question is at an angle and appears to have the capability of rotating; however, does not appear to have moved for some time. The point was conceded that the sign does not rotate and this violation was withdrawn. Mr. Zetterberg noted Section 44.57(15) continues to the end of the sentence and includes verbiage that is not part of the violation, such as multiprism signs, beacon lights, etc. Mr. Brown expressed concern there have been conflicting statements regarding converting signs to flags. He was reminded the issue at hand is whether or not a freestanding sign on the subject property exceeds the square footage and allowable height. The flag was not part of this case. In response to questions, Mr. Zetterberg stated the date of the sign survey was June 9, 1993. He said the signs were measured from grade level with a measuring stick, consistent with the method used by staff for measuring all signs. Discussion ensued regarding whether or not these measuring techniques are accuracte. Mr. Brown requested a continuance for investigation of staff. Attorney Lance responded these were improper grounds for a continuance. Mr. Brown demanded a continuance, indicating he wanted proper representation. Lt. Kronschnabl recommended continuing both Cases 04-94 and 05-94. Member Henegar moved that Cases 04-94 and 05-94 be continued to the meeting of February 9, 1994. The motion was duly seconded and carried unanimously. Case No. 06-94 Carl Tilley, R.A. c/o Carl Tilley, Inc 1891 Drew St (Land Development Code - Signs) In a memo dated January 18, 1994, Inspection Specialist Geri Doherty requested Case 06-94 be continued to the meeting of January 26, 1994. Member Rogers moved that Case 06-94 be continued to the meeting of January 26, 1994. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS OTHER BOARD ACTION / DISCUSSION Case No. 36-92 Auto Clinic / J & M Corporation c/o Jeffrey Walsh, President/R.A. 1239 Lincoln Avenue (Land Development Code) Affidavit of Compliance Member Swanberg moved, concerning Case 36-92, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. Case No. 43-92 Richard D. Fouts 1106 Grove Street (Unsafe Building) Address Board re Waiver of Fine - continued from 12/8/93 It was indicated this case was continued for calculation of the administrative costs incurred in processing the case, which amount to $235.99. Richard Fouts stated he owns the house at 1106 Strove Street. The Board Attorney read into the record the December 8, 1993 minutes to give the Board background on the case. The photographs of the property taken before and after Mr. Fouts brought the house into compliance were reviewed. Discussion ensued regarding cases in the past for which fines were reduced and not paid. It was suggested to place a 30-day time limit on payment of the fine in this case. It was felt Mr. Fouts has done an admirable job of bringing the property into compliance. Member Riley moved, concerning Case 43-92, to reduce the fine from $115,750.00 to $236.00 with payment to be made within 30 days. The motion was duly seconded and carried unanimously. Case No. 71-93 Marguerite S. Flowers 111 Orangeview Avenue (Land Development Code) Affidavit of Compliance Cases 113-93, 114-93 & 115-93 Rode, Inc., c/o John Ford 1201 North Betty Lane Occupational License & Land Development Code Affidavit of Compliance Member Swanberg moved, concerning Cases 71-93, 113-93, 114-93 and 115-93, to accept the Affidavits of Compliance. The motion was duly seconded and carried unanimously. A question was raised regarding what type of training and guidelines are provided to new sign inspectors prior to their work in the field. Charles Zetterberg stated he was accompanied for about two weeks and trained in use of the basic measuring instruments and understanding the sign code. Concern was expressed with difficult situations occasionally encountered by inspectors when dealing with the public. It was felt specific written instructions are needed to guide staff regarding their conduct in the field. Lt. Kronschnabl stated any allegations made today against staff will be fully investigated. He said Mr. Brown has indicated he will probably file suit. Lt. Kronschnabl requested direction in handling a disorderly individual during a future public hearing. Consensus was to have a police officer escort the unruly individual from the room. ELECTION OF CHAIR AND VICE-CHAIR Board Secretary Diana reported she recently received a letter from Member Wyatt tendering his resignation from the Board. Mr. Wyatt stated he has enjoyed his tenure and regrets having to resign. He was commended for his years of service and it was felt he has done an excellent job. Member Rogers moved to elect Member Swanberg as Chair and Member Riley as Vice-Chair. The motion was duly seconded and carried unanimously. MINUTES Meetings of August 11, August 25, October 27, November 10 and December 8, 1993 Member Riley moved to approve the minutes of August 11 and August 25, 1993, in accordance with copies submitted to each board member in writing, and to continue consideration of the minutes of October 27, November 10 and December 8, 1993 to the next meeting. The motion was duly seconded and carried unanimously. ADJOURN The meeting was adjourned at 4:37 p.m. Chairman MUNICIPAL CODE ENFORCEMENT BOARD ATTEST: Secretary