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10/11/1995 MUNICIPAL CODE ENFORCEMENT BOARD October 11, 1995 Members present: Stephen D. Swanberg, Chair Louise C. Riley, Vice-Chair Dennis Henegar Helen Kerwin Peg Rogers Absent: Carl Rayborn Robert Theroux Also present: Andy Salzman, Attorney for the Board Robert J. Surette, Assistant City Attorney/Police Legal Advisor Leslie Dougall-Sides, Assistant City Attorney 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. Attorney Surette introduced Leslie Dougall-Sides stating she will be replacing him as the City’s legal representative to the Code Enforcement Board. Chair Swanberg extended the board’s appreciation to Member Kerwin for her 3 years of service on the board noting that she has been reappointed by the Commission to serve another term. Case 21-95 (continued from 08/09/95, 08/23/95, 09/13/95, 09/27/95) 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, 09/27/95) 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 November 8, 1995. Negotiations are still underway to obtain compliance. Attorney Dougall-Sides noted negotiations have been taken place with the property owner and compliance is expected any day. She said the signs are to be removed. Member Rogers moved to continue Cases 21-95 and 22-95 to the meeting of November 8, 1995. The motion was duly seconded and carried unanimously. Case 34-95 Shell Oil Company c/o H. M. Hayes 1502 S. Belcher Road (Land Development Code) No one was present to represent the alleged violator. In response to a question, the Assistant City Clerk said the notice of hearing was sent certified mail and the signed receipt was returned. Janice King, Code Inspector, stated she received a complaint and first inspected the property on March 27, 1995. Signage was placed on the property without a permit. Property ownership was verified through the Pinellas County Property Appraiser’s Office. Ms. King said she had communication with the business owner and explained the violation to him. City submitted Exhibit 1 (Notice of Violation dated 3/29/95) and Exhibit 2 (composite of various code sections relating to signs). The original notice of violation had a compliance date of April 3, 1995. Ms. King stated she inspected the property on April 2, 1995, and the illegal signs were removed. Ms. King stated she received another complaint on August 29, 1995. She visited the property on September 8, 1995, and observed an illegal sign affixed to the building. A Notice of Recurring Violation was issued on September 11, 1995. City submitted Exhibit 3 (Notice of Recurring Violation dated 9/11/95). In response to a question, Ms. King indicated the Notice of Recurring Violation was sent to both the business‘ and the owner’s addresses. On October 4, 1995, Ms. King said she visited the property in addition to 2-3 other times since and the signage has been removed. Ms. King said she spoke to the owner today and he understands if there are further violations, he could be fined. In response to a question, Ms. King said she did not take photos today; however, the business owner admitted to the violation. Discussion ensued in regard to prior violations on this property. In response to a question, the Board Attorney said a decision can be made on the testimony given at today’s hearing and not having a recent photo of the property did not present a problem. Ms. Riley moved that concerning Case 36-95 regarding violation of Section 44.31(1) of the Clearwater City Code on property located at 1502 S. Belcher Road, aka Section 24-29-15, M&B 44.01, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of October, 1995, and based on the evidence, the Municipal Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. FINDINGS OF FACT After hearing testimony of Janice King, City Code Inspector, and viewing the evidence, Exhibit 1- Notice of Violation dated 3/29/95; Exhibit 2 - composite of various code sections relating to signs; Exhibit 3 - Notice of Recurring Violation dated 9/11/95; Exhibit 4 - Affidavit of Recurring Violation & Request for Hearing dated 9/11/95; Exhibit 5 - Notice of Hearing dated 9/27/95, and Exhibit 6 - certified mail receipt for Notice of Hearing submitted by the City (Note: No one was present to represent Shell Oil Company or H. M. Hayes), it is evident illegal signs exist at 1502 S. Belcher Road, Clearwater, Fl 34624, that this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. CONCLUSIONS OF LAW Shell Oil Company, c/o H. M. Hayes is in violation of Section 44.31(1) . ORDER It is the Order of this Board that Shell Oil Company, c/o H. M. Hayes, shall comply with Section 44.31(1) of the Code of the City of Clearwater. If Shell Oil Company, c/o H. M. Hayes repeats the violation, the Board may order them to pay a fine of $50 per day for each day the repeat violation continues to exist after October 11, 1995 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. Case 36-95 Einstein & Evelina Boykins 1305 Wood Avenue (Public Nuisance) Staff requested a continuance. Mr. Boykins thought his hearing was to be held on October 25, 1995. He was sent a notice of hearing (certified mail); however, he did not pick up his mail. Member Riley moved to continue Case 36-95 to the meeting of October 25, 1995. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS None OTHER BOARD ACTION / DISCUSSION Chair Swanberg announced that Vice-Chair Louise Riley would be presenting the annual report of the Municipal Code Enforcement Board to the City Commission on November 19, 1995. ADJOURNMENT The meeting adjourned at 3:25 p.m. Attest:: ________________________________________ ___________________________________ Secretary to the Board Chairman Municipal Code Enforcement Board