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08/24/1994 MUNICIPAL CODE ENFORCEMENT BOARD August 24, 1994 Members present: Stephen D. Swanberg, Chairman Louise C. Riley, Vice-Chairman Carl Rayborn E.J. Robinson Members absent: Dennis Henegar (excused) Robert Theroux (excused) Peg Rogers (excused) Also present: Andy Salzman, Attorney for the Board Lt. Jeff Kronschnabl, Special Assistant to the City Manager/Community Response Team 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 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. Case 51-94 Jack & Donna Swann 2087 N San Sebastian Way (Land Development Code) In a memo dated August 24, 1994, Code Inspector Janice King withdrew Case 51-94, stating the property is now in compliance. Case 52-94 - Repeat violation Elias Anastasopoulos & Gregory Politis 668 S Gulfview Blvd (Land Development Code) No representative was present. Code Inspector Vicki Niemiller gave the background of the case, stating the property ownership was verified through the Pinellas County Property Appraiser's office. She stated she observed merchandise on display outdoors on July 27, 28 and 31, 1994. The notice of repeat violation was sent via both regular and certified mail and the return receipt was received signed. City Exhibit A, photographs of the subject property, was submitted for the record. In response to questions, Ms. Niemiller stated the violation consisted of t-shirts hanging on the door with the door propped in the open position, displaying the merchandise outdoors. Discussion ensued regarding when notification of the repeat violation took place and for how many days the fine may be imposed. In response to a question from Attorney Salzman, Ms. Niemiller stated verbal notice of repeat violation was not given. She stated the certified mail receipt was signed on July 30, 1994. Attorney Salzman stated this hearing is to establish a repeat violation. After a repeat violation is established, he stated a fine can be imposed for each subsequent day of violation without notice to the property owner. He stated the fine may only be imposed for July 31, the day the violation was repeated after they were notified of the repeat violation. He indicated legislation addressing this procedure is being considered. Discussion ensued regarding the procedure if the violation should be repeated again. Attorney Salzman stated a notification of repeat violation would be issued to the violator; however, the violator would not be brought before the Board unless the City was seeking to increase the amount of the fine. Concern was expressed a future lessee might not know of the citation. Attorney Salzman stated, if a repeat violation occurred after a year or so, the property could merit another look by the Board. He stated; however, if the current tenant continues repeating the violation, staff will only have to bring proof of the violation to the Board and ask that the fine be imposed. Member Riley moved that, concerning Case 52-94, regarding violation of Section 40.004(2) of the Clearwater City Code on property located at 668 S Gulfview Blvd a/k/a Bayside Sub #5, Blk B, Lots 7,8,16-20, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of August, 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, there being no one present representing Elias Anastasopoulos & Gregory Politis, and viewing the evidence, exhibit submitted, City Exhibit A, photographs of the subject property, it is evident an outdoor display of merchandise existed on July 27, July 28 and July 31, 1994 which is not a permitted or conditional use in the CB zoning district at 668 S Gulfview Blvd. They were notified of the repeat violation on July 30, 1994. The Conclusions of Law are: Elias Anastasopoulos & Gregory Politis were in violation of Section 40.004(2) of the Clearwater City Code on July 31, 1994; were found to have violated the same provision by the Board on September 22, 1993, and have committed a repeat violation. It is further evident that the condition was corrected prior to this hearing. It is the Order of this Board that Elias Anastasopoulos & Gregory Politis shall continue to comply with Section 40.004(2) of the Code of the City of Clearwater. It is the Order of this Board that Elias Anastasopoulos & Gregory Politis shall pay a fine of $150.00 for a violation on July 31, 1994. A certified copy of this Order shall be recorded in the Public Records of the Office of the Clerk of the Circuit Court in and for Pinellas County and 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. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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. UNFINISHED BUSINESS OTHER BOARD ACTION / DISCUSSION Case 48-94 - Request for Rehearing Harold Maybee 118 N Missouri Avenue (Public Nuisance) In a letter dated August 19, 1994, Harold Maybee requested a rehearing of Case 48-94, heard August 10, 1994. Referring to the letter from Mr. Maybee, Attorney Salzman noted no new facts are evident. Member Riley moved to deny a rehearing of Case 48-94. The motion was duly seconded and carried unanimously. In response to a question from Lt. Kronschnabl, Attorney Salzman stated the compliance date stays the same; no consideration is given because of a letter requesting a rehearing. MINUTES - July 27, 1994 Chairman Swanberg noted Assistant City Attorney Miles Lance did not attend the July 27 meeting and requested his name be deleted from the minutes under "also present." Member Robinson moved to approve the minutes of July 27, 1994, as amended. The motion was duly seconded and carried unanimously. ADJOURN The meeting was adjourned at 3:18 p.m. Chairman MUNICIPAL CODE ENFORCEMENT BOARD ATTEST: Secretary