09/27/1995 MUNICIPAL CODE ENFORCEMENT BOARD
September 27, 1995
Members present:
Stephen D. Swanberg, Chair
Louise C. Riley, Vice-Chair
Dennis Henegar
Peg Rogers
Helen Kerwin
Robert Theroux
Absent:
Carl Rayborn
Also present:
Andy Salzman, Attorney for the Board
Robert J. Surette, Assistant City Attorney/Police Legal Advisor
Mary K. Diana, 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 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 21-95 (continued from 08/09/95, 08/23/95, 09/01/95)
Raymond & Mildred Center, Tre
National Advertising Co./ CT Corp Syst, R.A.
1769 Drew St
(Land Development Code)
Case 22-95 - (continued from 08/09/95, 08/23/95, 09/13/95)
John H. Meek Sr, Tre.
National Advertising Co./CT Corp System, R.A.
1219 Court St
(Land Development Code)
Staff has requested to continue Cases 21-95 and 22-95 to October 11, 1995. Negotiations are underway to obtain compliance.
Member Rogers moved to continue Cases 21-95 and 22-95 to the meeting of October 11, 1995. The motion was duly seconded and carried unanimously.
Case 30-95 - (continued from 09/13/95)
Larry E. Bunting
808.5 Palm Bluff Street
(Building Code)
In a memo dated September 26, 1995, staff withdrew Case 30-95 as the owner has completed the building far enough to remove it from the “unsafe” status
Case 32-95
Jonathan Matthews
2387 Whitman Street
(Land Development Code)
In a memo dated September 27, 1995, staff withdrew Case 32-95.
Case 33-95
Viorel Caba
1970 Rainbow Drive
(Public Nuisance)
Assistant City Attorney/Police Legal Advisor Robert Surette said, according to procedure, Viorel Caba had requested an appeal of his notice of violation; however, has no representation
at today’s meeting. He noted if the owner, representative or agent fails to appear before the board at the designated time to protest such notice, and has not taken action to remedy
the condition before the date specified, then the owner shall be deemed to have authorized the city manager or a city employee designated by the city manager to enter the property and
take action to remedy the condition, without further notice.
In response to a question, it was indicated the certified mail receipt for the notice of hearing had been returned. Andy Salzman, Attorney for the Board, said proper notice had been
given; the receipt indicates the applicant had received notice of this hearing and stated no additional action is necessary by the board.
Member Rogers moved to close Case 33-95 taking no action because no one appeared for the applicant at today's meeting. The motion was duly seconded and carried unanimously.
UNFINISHED BUSINESS
None
OTHER BOARD ACTION / DISCUSSION
Case 10-95 - Affidavit of Non-Compliance
James & Linda Swetland
3040 Cascade Drive
(Land Development Code)
Member Rogers moved to accept the affidavit of non-compliance and issue the order imposing a fine regarding Case 33-95. The motion was duly seconded and carried unanimously.
Case 14-92 - Affidavit of Compliance
John Sanders
1384 Pierce Street
(Land Development Code)
Member Rogers moved to accept the affidavit of compliance regarding Case 14-92. The motion was duly seconded and carried unanimously.
Case 80-93 - Affidavit of Compliance
Nina Sanders
1384 Pierce Street
(Land Development Code)
Member Rogers moved to accept the affidavit of compliance regarding Case 80-93. The motion was duly seconded and carried unanimously.
Discussion ensued in regard to placing a time limit on the paying of a fine. Attorney Surette said the City Attorney has initiated a policy to take aggressive action to foreclose on
liens. A recommendation was made the Board in the future state a time limit when imposing a fine.
A question was raised regarding the status of the billboard case. Attorney Surette responded a summary judgment has been issued in favor of the City.
A question was raised if there should be an established procedure regarding the reduction of fines. Board Attorney Salzman said each case needs to be considered individually.
MINUTES - July 26, 1995
Member Riley moved to approve the minutes of July 26, 1995, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously.
Board Attorney Any Salzman introduced Attorney Mark Connolly and indicated he would be filling in for him at times.
ADJOURN
The meeting adjourned at 3:15 p.m.
Attest:
______________________________________ _______________________________________
Secretary to the Board Chairman
Municipal Code Enforcement Board