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03/27/1996MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER March 27, 1996 Present: Stephen D. Swanberg, Chairman Louise Riley, Vice-Chairman Peg Rogers, Member Dennis Henegar, Member Faustino Dolores, Member Carl Rayborn, Member Leslie Dougall-Sides, Assistant City Attorney Kim Murano, Attorney for the Board Mary K. Diana, Secretary for the Board Anne Green, Staff Assistant III Absent: Helen Kerwin, Member The meeting was called to order by the Chair at 3:00 p.m. in the Commission Chambers at 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. 1. PUBLIC HEARINGS A. Case 1-96 David R. Leonard 1300 S. Fort Harrison Avenue Lessee: Patrick Media Group, Inc. (Land Development Code - Signs) In a memo dated 3/5/96, Lt. Kronschnabl requested this case be withdrawn as this property is now in compliance. B. Case 8-96 (Cont’d from 2/14) Mario & Armelia Menna 755 Bay Esplanade (Building Code) In a memo dated 3/18/96, Vern Packer requested this case be withdrawn as the homeowner has obtained a building permit and is now in compliance. C. Case 10-96 (Cont’d from 2/14) Moti & Kanta Shewa 55 Gardenia Street (Building Code) In a memo dated 3/27/96, the Building Department requested this case be withdrawn as this property is now in compliance. D. Case 11-96 (Cont’d from 2/14) Tom Sehlhorst & Dorothy Casey 604 Palm Bluff (Building Code) The Assistant City Attorney requested this case be continued until the next meeting as the original Building Inspector who cited this violation is no longer employed by the City. This would enable the inspector assigned to become more familiar with the case. Concern was expressed the alleged violator was present and had not been notified his case would be continued. Staff apologized to Mr. Sehlhorst. Member Riley moved to continue Case 11-96 to the meeting of 4/24/96. The motion was duly seconded and carried unanimously. E. Case 14-96 Gerald Rehm & Associates, Inc. 699-1/2 Lakeview Road (Land Development Code) In a memo dated 3/28/96, Janice King requested this case be withdrawn as compliance was achieved prior to the meeting. F. Case 17-96 Steven & Pamela Weigand 1957 Sever Drive (Land Development Code) The violator agreed to the violation as stated in the Affidavit of Violation and Request for Hearing and read into the record by the Board Secretary. Steven Weigand stated his home was in poor condition when purchased and he has been continually making improvements. A permit has been pulled to move the fence, enlarge the pool area and add landscaping. The hauling trailer was used to clean the property during construction. Mr. Weigand said he wants to do additional work in back of the house and is concerned this situation will reoccur. He noted he is a qualified general contractor. The Assistant City Attorney questioned Janice King, City Inspector, regarding her investigation. Ms. King stated Mr. Weigand was in violation on 2/9/96 and 2/10/96. The first violation occurred 4/7/94 and a Notice of Violation was issued. She said there have been numerous complaints regarding trailers (3 different types) parked in the street. A chronology of events and photos, along with a notice of recurring violation were submitted. The City recommends a $50/day fine if the trailers are parked on the street for more than 24 hours. The City submitted exhibits 1-6 which included the chronology of events, photos, and notice of recurring violation. Mr. Weigand stated when he bought a new boat, the trailer had been parked on the street right-of-way for more than 24 hours. He said at times his boat has been parked in the right-of-way overnight. He has made arrangements for his hauling trailer to be kept elsewhere. The Assistant City Attorney recommended citing this violation as recurring. Mr. Weigand stated he made a mistake by leaving the trailer in the right-of-way over 24 hours. He said he is willing to work with the City regarding future landscaping in his backyard. The Public Hearing was closed. Discussion ensued regarding the use of hauling trailers during construction and it was indicated individuals should check with the Building Department regarding their use. Member Rogers moved that concerning Case 17-96 regarding violation of Chapter 42, Article II, Section 42.34(9)(a)2 of the Clearwater City Code of Ordinances on property located at 1957 Sever Drive, also known as Fair Oaks 5th Addition, Lot 185, the Municipal Code Enforcement Board hearing held the 27th day of March, 1996, 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 Steven Weigand, Real Property Owner, and viewing the evidence submitted: City Exhibits 1-6 (Exhibit 1 - Code sections violated, Exhibit 2 - Notice of Recurring Violation dated 2/13/96, Exhibit 3 - Composite Photos taken 2/9/96, 2/10/96, 2/22/96, and 3/5/96, Exhibit 4 - Affidavit of Recurring Violation and Request for Hearing dated 2/13/96, and Exhibit 5 - Notice of Hearing dated 3/12/96), and Exhibit 6 - Chronology of Events at 1957 Sever Drive, also known as Fair Oaks 5th Addition, Lot 185, it is evident a trailer was parked on a street right-of-way for more than 24 hours in violation of the City’s code at 1957 Sever Drive, that this condition was corrected and recurred. CONCLUSIONS OF LAW Steven & Pamela Weigand, are in violation of Chapter 42, Article II, Section 42.34(9)(a)2 of the Clearwater City Code of Ordinances. ORDER It is the Order of this Board that Steven & Pamela Weigand shall comply with said section of the Code of the City of Clearwater immediately and shall continue compliance with said section of the Code. If Steven & Pamela Weigand repeat this violation, the Board may order them to pay a fine of $50.00 per day for each day the violation continues to exist after the violator is 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. 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 unanimously carried. G. Case 18-96 David L. & Leslie J. Schriver 1780 Linwood Circle (Standard Housing Code) The Assistant City Attorney requested this case be continued until the next meeting as the original Building Inspector who cited this violation is no longer employed by the City. This would enable the inspector assigned to become more familiar with the case. Member Riley moved to continue Case 18-96 to 4/24/96. The motion was duly seconded and carried unanimously. 2. Other Board Action/Discussion A. Case 6-96 - Affidavit of Compliance Robert F. Stewart 1869 Francis Drive (Building Code) B. Case 12-96 - Affidavit of Compliance John & Elyse McGuire 1447 Stewart Boulevard Member Riley moved to accept the Affidavits of Compliance for Cases 6-96 and 12-96. The motion was duly seconded and carried unanimously. C. Case 13-96 - Affidavit of Non-Compliance Remprop, Inc. Richard Metz, R.A. P.O. Box 6163 (Occupational License/Land Development Code) Member Riley moved to accept the Affidavit of Non-Compliance for Case 13-96 and issued the Order imposing the fine. The motion was duly seconded and carried unanimously. D. Discussion Discussion ensued regarding political signs from the March 12, 1996 election. Ms. King advised the candidates had been advised to remove them. A suggestion was made to notify the candidates by mail. 3. Adjournment The meeting adjourned at 3:37 p.m.