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12/13/1995MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER December 13, 1995 Present: Louise C. Riley, Vice-Chair Peg Rogers, Member Dennis Henegar, Member Helen Kerwin, Member Carl Rayborn, Member Faustino Dolores, Member Leslie Dougall-Sides, Assistant City Attorney Andy Salzman, Attorney for the Board Mary K. Diana, Secretary for the Board Anne Green, Staff Assistant II Absent: Stephen D. Swanberg, Chairman 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 3:02 p.m. in the Commission Chambers at City Hall. She 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. She 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. 1. Case 21-95 (cont’d from 8/9, 8/23, 9/13, and 9/27/95) Raymond & Mildred Center National Advertising Co./CT Corp System, R.A. 1769 Drew Street (Land Development Code - Signs) 2. Case 22-95 (cont’d from 8/9, 8/23, 9/13, and 9/27/95) John H. Meek Sr. National Advertising Co./CT Corp System, R.A. 1219 Court Street (Land Development Code - Signs) In a memo dated November 2, 1995, Lt. Kronschnabl, Community Response Team, withdrew Cases 21-95 and 22-95 stating the violations have been corrected and the property is in compliance. 3. Case 40-95 - Recurring William & Mary Moran 1390 Gulf-to-Bay Blvd (Land Development Code - Signs) The City Attorney questioned Rick Rosa, City Inspector, regarding his investigation. He responded he observed illegal sandwich board signs at the subject location on various occasions. Property ownership was verified through the Property Appraiser’s Office. A Notice of Violation was issued on 4/24/95 and the alleged violator was given time to come into compliance. Although there were periods of compliance, the violation was again observed on 10/14/95. Rick Rosa recommended if the violation recurs the Board be notified and an order imposing a fine be issued without another hearing. The City submitted composite Code sections regarding violations, photos taken 4/22/95 and 10/14/95 of sandwich board signs, a Notice of Violation dated 4/24/95 and Notice of Recurring Violation dated 10/17/95 (City Exhibits 1-4). William Moran was shown City Exhibits 1-4. Mr. Moran questioned why sign regulations are not the same city wide. He was advised zoning districts vary as to what is allowed; sandwich board signs are prohibited except in the core and eastern corridor subdistricts of the urban center district. There was some discussion regarding the special tax paid by businesses in the downtown core and Mr. Moran’s business being located close to that area. Mr. Moran said his taxes have gone up drastically since 1987. He indicated he is in a bad traffic area and needs his sign for identification in order to stay in business. Mr. Moran submitted photos (Defendant Exhibit 1) of sandwich board signs taken at various area businesses. Mr. Moran was advised to apply for a variance. In response to a question, Rick Rosa indicated he thought Mr. Moran was using all the signage he was legally entitled to. Mr. Moran said he had applied for another sign five years ago and his request was denied. The Vice-Chair closed the public hearing. Member Rogers moved that concerning case 40-95 regarding violation of Section 44.57(9) of the Clearwater City Code on property located at 1390 Gulf-to-Bay Boulevard, aka Knollwood Replat, Block 2, Lots 19 & 20, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of December, 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 Rick Rosa, City Inspector, and Mr. William Moran, Real Property Owner, and viewing the evidence, exhibits submitted: City Exhibits 1-4 (Exhibit 1 - Composite Code sections regarding violations, Exhibit 2 - Photos taken 4/22/95 and 10/14/95 of sandwich board signs, Exhibit 3 - Notice of Violation dated 4/24/95 and Exhibit 4 - Notice of Recurring Violation dated 10/17/95 and Defendant Exhibit 1, Photos of area business signs), it is evident an illegal sandwich board sign existed at 1390 Gulf-to-Bay Boulevard, that this condition was corrected and recurred. It is further evident the condition was corrected prior to this hearing. CONCLUSIONS OF LAW William & Mary Moran, Real Property Owners, were in violation of Section 44.57(9) of the Clearwater City Code of Ordinances. ORDER It is the Order of this Board that William & Mary Moran, Real Property Owners, shall continue compliance with Section 44.57(9) of the Clearwater City Code. If William & Mary Moran repeat the violation, the Board will order them to pay a fine of $50.00 per day for each day the violation exists after William & Mary Moran are notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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. 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. 4. Case 41-95 Esta Perez 605 Bellevue Blvd. (Building Code) 5. Case 42-95 Aurora Oliveros 1735 Jeffords Street (Building Code) In a memo dated December 12, 1995, Mark Hively, Building Inspector, withdrew Cases 41-95 and 42-95 stating the violations have been corrected and the properties are in compliance. 6. Case 43-95 Henry L. Soto 18 Glendale Street (Building Code) Assistant City Attorney Dougall-Sides questioned Mark Hively, Building Inspector, regarding his investigation of this case. He advised an anonymous complaint was received and upon his inspection on 9/20/95 he found wood joists being replaced. No building permits were pulled or inspections made. He presented photos from his inspection which showed the front and west side of house. Property ownership was verified through the Property Appraiser’s Office. He issued a Notice of Violation on 11/13/95 and was contacted the following day by Mrs. Soto. She advised the family was going out of town and would correct the violations upon their return. A permit was pulled today but does not cover the entire project. Mr. Hively said a report by a licensed electrician is required reflecting work was done to code. City Exhibit 2 - Photos were submitted for the record. Mr. & Mrs. Soto agreed these photos reflected the work that has been done. City Exhibits 1 - Code sections re violations; Exhibits 3 - Notice of Violation; and Exhibit 4 - Notice of hearing were also submitted for the record. Mrs. Soto indicated, upon her return, there was some misunderstanding regarding what permits were required. In response to a question, Mr. Hively said a permit for building only was issued and electrical and plumbing permits are also needed. The Vice-Chair closed the public hearing. Member Rogers moved that concerning Case 43-95 regarding violation of Chapter 47, Article IV, Sections 47.081 and 47.083, of the Clearwater City Code at 18 Glendale Street, aka Clearwater Beach Rev., Block 4, Lot 14, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of December, 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 Mark Hively, City Inspector, and Mr. & Mrs. Henry L. Soto, and viewing the evidence submitted: City Exhibits 1-4 (Exhibit 1 - Code sections violated, Exhibit 2 - Composite photos taken 9/20/95 and 12/12/95 representing existing conditions, Exhibit 3 - Notice of Violation dated 10/23/95, and Exhibit 4 - Affidavit of Violation and Request for Hearing dated 11/13/95), it is evident that remodeling has taken place without permits and inspections at 18 Glendale Street, Clearwater, FL. CONCLUSIONS OF LAW Henry L. Soto. Real Property Owner, is in violation of Chapter 47, Article IV, Section 47.081 and 47.083 of the Clearwater City Code of Ordinances. ORDER It is the Order of this Board that Henry L. Soto shall comply with Chapter 47, Article IV, Sections 47.081 and 47.083 of the City of Clearwater Code of Ordinances by pulling the necessary permits by 1/1/96. If Henry L. Soto does not comply within the time specified, the Board may order him to pay a fine of $50.00 per day for each day the violation continues to exist. If Henry L. Soto does 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. Upon complying, Henry L. Soto shall notify Mark Hively, the City Official who shall inspect the property and notify the Board of compliance. 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. 7. Case 44-95 Alfred Ginez 920 Eldorado Avenue (Building Code) Assistant City Attorney Dougall-Sides questioned Inspector Mark Hively regarding his findings in this case. Ed Armstrong, attorney representing Alfred Ginez, advised his client was frequently out of the country and Mr. Ginez’ son would be responsible for correcting the deficiencies found. Mr. Armstrong said he has spoken to Mark Hively about obtaining the necessary permits within 10 days and indicated this would be agreeable to his client. Mr. Hively submitted City Exhibit 2 - photos showing the structure’s first floor being enclosed. This area is below flood elevation and is not allowed to be inhabited. Mr. Hively recommended allowing 10 days for removal of materials placed in the flood zone. City Exhibits 1 - Code sections regarding the violations; Exhibit 3 - Notice of Violation dated 10/25/95; Exhibit 4 - Affidavit of Violation and Request for Hearing dated 11/15/95; and Exhibit 5 - Notice of Hearing dated 11/21/95) were also submitted for the record. Discussion ensued regarding the necessary permits to be obtained and what materials need to be removed from the area below flood elevation. In response to a question, Mr. Armstrong felt 30 days would be acceptable to correct the situation. Mark Hively advised that Alfred Ginez was notified on 10/24/95 and that not much corrective action was taken. He recommended a $100.00 per day fine be ordered. The Vice-Chair closed the public hearing. Member Rogers moved concerning Case 44-95 regarding violation of Chapter 47, Article IV, Sections 47.081 and Chapter 51.32(1) and (3) a, b, c, d and Article VII, Section 47.161 of the City of Clearwater Code on property located at 920 Eldorado Avenue, also known as Mandalay Subdivision, Block 52, Lot 2 and riparian rights, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of December, 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 Mark Hively, City Inspector and Ed Armstrong, Attorney representing Alfred Ginez, and viewing the evidence submitted: City Exhibits 1-5 (Exhibit 1 - Code sections violated, Exhibit 2 - Photos taken 10/24/95, 12/12/95 and 12/13/95, Exhibit 3 - Notice of Violation dated 10/25/95, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 11/15/95, and Exhibit 5 - Notice of Hearing dated 11/21/95), it is evident that work is being done without a permit and enclosing the first floor of a dwelling below base flood elevation has taken place at 920 Eldorado Avenue. CONCLUSIONS OF LAW Alfred Ginez, Real Property Owner, is in violation of Chapter 47, Article IV, Section 47.081, Chapter 51, Article II, Sections 51.32(1) and 51.32(3) a,b,c, and Chapter 47, Article VII, Section 47.161 of the Clearwater City Code of Ordinances. ORDER It is the Order of this Board that Alfred Ginez shall comply with Chapter 47, Article IV, Section 47.081, Chapter 51, Sections 51.32(1) and 51.32(3) a,b,c, and Chapter 47, Article VII, Section 47.161 of the City of Clearwater Code of Ordinances within 30 days (1/12/96). If Alfred Ginez does not comply within the time specified, the Board may order him to pay a fine of $100.00 per day for each day the violation continues to exist. If Alfred Ginez does 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. Upon complying Alfred Ginez shall notify Mark Hively, the City Official who shall inspect the property and notify the Board of compliance. 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. 8. Case 45-95 Lowell C. McKee (Owner) 1333 Byron Drive (Lot Clearing Violation) Robert C. McAuliffe, tenant, provided a letter from the property owner granting him authorization to act in his behalf. Inspector Janice King advised she had investigated the violation. She first inspected the property on 9/27/95 and observed miscellaneous debris scattered throughout the south end of the property. She observed an above ground swimming pool unable to hold water, buckets, machinery, wood, etc. She posted the property on 10/20/95. Robert McAuliffe said he allowed the debris to accumulate because of an ongoing feud with a neighbor who had vehicles parked in his yard. She recommended five days be given to clear the property since he has had since 9/27/95 to comply. The owner, Lowell McKee, asked to be informed if the property was not brought into compliance as he would prefer to clear the property rather than pay the City to do so. City Exhibits 1-3 (Exhibit 1 - Code sections violated, Exhibit 2 - Photos taken 12/13/95 representing existing conditions, and Exhibit 3 - Lot Clearing Notice of Violation dated 10/20/95) were submitted for the record. Discussion ensued regarding whether the correct procedure had been followed in posting the property and notifying the property owner of the existence of a violation as referenced in Section 20.38 of the Clearwater City Code. The Board Attorney said the intent of the code was to ensure proper notification and believed this had occurred in this case. Mr. McAuliffe questioned the interpretation of debris. Concern was expressed the debris noted in this case would breed rodents and mosquitoes. It was noted that the pictures submitted depicted a tarp, baskets, cabinet stand, rubbish buckets, etc. on the subject property and calling this junk or debris was considered reasonable. Janice King mentioned if the lot was not cleared, the City would hire a contractor to do it. This cost plus a $200.00 administrative cost would be charged to the owner. Mr. McAuliffe asked if he could file an appeal in circuit court. Assistant City Attorney Dougall-Sides indicated he could. She also requested the letter from Mr. McKee, authorizing Mr. McAuliffe to represent him, be submitted as Exhibit 4. The Vice-Chair closed the public hearing. Member Rogers moved concerning Case 45-95 regarding violation of Section 20.35(1) City of Clearwater code on property located at 1333 Byron Drive, also known as Brookhill Unit 4 Replat, Block M, Lot 27, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of December, 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 Inspector, and Mr. Robert McAuliffe, Lessee, representing Lowell C. McKee, Owner, and viewing the evidence submitted: City Exhibits 1-4 (Exhibit 1 - Code sections violated, Exhibit 2 - Photos taken 12/13/95 representing existing conditions, Exhibit 3 - Lot Clearing Notice of Violation dated 10/20/95 and Exhibit 4 - Letter of Authorization from Mr. McKee to be represented by Robert McAuliffe), it is evident that there exists the excessive growth and/or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above address. CONCLUSIONS OF LAW Lowell C. McKee, Real Property Owner, is in violation of Section 20.35(1) of the Clearwater City Code of Ordinances. ORDER It is the Order of this Board that Lowell C. McKee shall comply with Section 20.35(1) of the City of Clearwater Code of Ordinances within ten days (12/23/95). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Lowell C. McKee. Upon complying, Lowell C. McKee shall notify Janice King, the City Official, who shall inspect the property and notify the Board of compliance. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $200.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County, Florida as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $200.00 administrative cost. Such cost shall constitute a lien against the property until paid. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. 9. Case 46-95 Alex & Mary Gelep 452 Mandalay Avenue Lessee: Canellos Corp d/b/a Island House James Canellos, Reg. Agent (Land Development Code - Signs) In a memo dated December 12, 1995, Lt. Kronschnabl, Community Response Team requested that Case 46-95 be continued to January 10, 1995 to allow the alleged violator to come into compliance. Member Rogers moved to continued Case 46-95 to the meeting of 1/10/96. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS 10. Case 19-95 - Affidavit of Non-Compliance Larry Bunting 804 & 804 ( Pennsylvania Avenue (Unsafe Building) Member Henegar moved concerning Case 19-95 to accept the Affidavit of Non-Compliance and issue the order imposing the fine. The motion was duly seconded and carried unanimously. 11. Case 39-95 - Affidavit of Compliance Dorothy A. Glover 1006 N. Greenwood Avenue (Life Safety Code) Member Kerwin moved concerning case 39-95 to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. MINUTES Member Rogers moved to approve the minutes of October 25, 1995 in accordance with copies previously submitted to each board member in writing. The motion was duly seconded and carried unanimously. New member Faustino Dolores, was welcomed by the Board. ADJOURNMENT The meeting adjourned at 4:28 p.m. Chairman Municipal Code Enforcement Board Attest: ________________________________________ Secretary to the Board