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04/14/1994 MUNICIPAL CODE ENFORCEMENT BOARD April 14, 1993 Members present: William Murray, Chairman D. Wayne Wyatt, Vice-Chairman Stephen D. Swanberg Louise C. Riley E.J. Robinson Peg Rogers Absent: Thomasine Fontana-Smith (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. 17-93 William Wilkins & F. B. Lauer 3196 Gulf to Bay Boulevard (Land Development Code/Signs) Carlton Ward, Attorney representing the property owners, stated the sign has been there for ten years. A lease was entered into with the tenant aware the sign needs to be removed. As an alternative, it was questioned whether the sign could be dedicated to the City to use as a welcome to Clearwater sign since it is located at the east end of Gulf to Bay Boulevard. Mr. Carlton requested two to three weeks to comply, with no fine imposed, and that staff explore the suggested alternative. A concern was expressed regarding whether the sign code should be enforced during the controversy over its legality. Miles Lance, Assistant City Attorney, stated the sign code is still in force; only procedures regarding permitting and flags are cautioned. In response to a question, the Code Enforcement Manager was in agreement to proceed stating no direction has been given to forego enforcement. In response to a question whether the sign is a billboard, the Inspector stated it is a sign 255 square feet in size. City code allows 64 square feet in this zoning. Member Wyatt moved that concerning Case No. 17-93 regarding violation of Section 134.011(d)(5)a.2 on property located at 3196 Gulf to Bay Boulevard a/k/a M&B 24-081, Section 16-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of April, 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 John Richter, Code Enforcement Manager, Geri Doherty, Inspector, and Carlton Ward, Attorney representing the owners, and Mr. Ward admitting the violation exists, it is evident that a sign exceeding the maximum size allowed by code exists at 3196 Gulf to Bay Boulevard. The Conclusions of Law are: William Wilkins and F.B. Lauer are in violation of Section 134.011(d)(5)a.2. It is the Order of this Board that William Wilkins and F.B. Lauer shall comply with Section 134.011(d)(5)a.2 of the Code of the City of Clearwater within 30 days (5/14/93). If William Wilkins and F.B. Lauer do not comply within the time specified, the Board may order them to pay a fine of $50.00 per day for each day the violation continues to exist past the compliance due date. If William Wilkins and F.B. Lauer 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, William Wilkins and F.B. Lauer shall notify Charles Zetterberg, 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. 20-93 Life Insurance George 25716 N US 19 (Land Development Code) Request to withdraw; complied Case No. 21-93 Branch Sunset Assoc Ltd 23654 N US 19 (Land Development Code) Request to withdraw; complied Case No. 22-93 Herbert and Jane Wollowick 2789 Gulf to Bay Boulevard (Land Development Code) Request to withdraw; complied Case No. 23-93 Donald W Eicher 1701 N Keene Road (Public Nuisance Code) Request to withdraw; complied Member Riley moved to withdraw Case Nos. 20-93, 21-93, 22-93, and 23-93 as compliance has been obtained. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 4-92 David Gangelhoff d/b/a Gulf marine 405 North Fort Harrison Avenue Staff request re foreclosure Continued from 3/24/93 The Secretary to the Board stated this was continued from the last meeting in order for staff to provide additional information regarding the current status of the property. In response to a question regarding what efforts are being made by the property owner to come into compliance, Geri Doherty, Code Enforcement Inspector, stated someone has come to their office to compile information regarding what needs to be done to comply. In addition, it is believed someone is drawing up a site plan for the property. In response to a questions regarding what City staff is recommending, John Richter, Code Enforcement Manager, stated the Planning Director has requested the Board initiate foreclosure proceedings on this property. Mr. Richter also responded staff would be agreeable to continuing the request to the next meeting to see if additional efforts have been made. In response to a question regarding foreclosure, Miles Lance, Assistant City Attorney, stated he did an incumbency report which showed several other liens of large amounts on the property to which the City lien is secondary. Member Wyatt moved to continue this request to the meeting of April 28, 1993. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None MINUTES - Meeting of February 10, 1993 The Secretary to the Board stated the concern regarding Member Fontana-Smith's absence due to medical reasons and whether it should be considered excused or unexcused is still unresolved. Member Fontana-Smith was contacted after the last meeting and agreed a voluntarily resignation would be appropriate and would submit a letter. A letter has not been received to date. The minutes need to be accepted as submitted or amended to change the absence to excused. Member Riley moved to accept the minutes as submitted. The motion was duly seconded and carried unanimously. OTHER BUSINESS John Richter, Code Enforcement Manager, briefly reviewed the sign amortization program stating additional inspectors were hired to conduct a systematic inspection of the sign problems. They have completed an east to west inspection on Gulf to Bay Boulevard, with about half of the properties not in compliance. About 74% of those have since complied and the remainder are at some stage of complying. Approximately 85-90% compliance has been obtained. All of U.S. 19 has been inspected and notices are being sent out. The next inspection route is planned for Missouri Avenue. He stated City staff and the business are working together, and he is pleased with the results of compliance obtained. ADJOURN - The meeting adjourned at 3:31 p.m.