04/24/1996MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
April 24, 1996
Present:
Stephen D. Swanberg, Chairman
Louise Riley, Vice-Chairman
Dennis Henegar, Member
Helen Kerwin, Member
Carl Rayborn, Member
Peg Rogers, 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:
Faustino Dolores, 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 11-96 (Cont’d from 2/14, 3/27)
Tom Sehlhorst & Dorothy Casey
604 Palm Bluff
(Building Code)
In a memo dated April 23, 1996, Tom Chaplinsky, Central Permitting Housing Inspector, withdrew this case. He is working with Mr. Sehlhorst to resolve this matter.
B. Case 18-96 (Cont’d from 3/27)
David L. & Leslie J. Schriver
1780 Linwood Circle
(Standard Housing Code)
In a memo dated April 15, 1996, Bill Wright, Central Permitting Housing Inspector, withdrew this case. The City code does not require residents to connect to the City potable water
system. It is permissible by code to use another water supply. David and Leslie Schriver were cited in error.
C. Case 19-96
M. Lenore Holcombe/Owner
Patrick Media Group, Inc./Lessee
1880 N. Hercules Avenue
(Land Development Code)
Don Hempke, attorney representing Patrick Media was present. He agreed the three signs (billboards) cited in Cases 19-96, 20-96 and 21-96 are larger than allowed by code, however,
believes the City’s sign ordinance is not enforceable.
Assistant City Attorney Dougall-Sides questioned Don Bohr, City Inspector, regarding his investigation. Mr. Bohr advised a more stringent sign code was adopted by the City in 1985
to beautify the City. Sign owners were given seven years to bring their signs into compliance or to remove them. Courtesy letters were sent in 1991 advising compliance was required
by October 13, 1992. Mr. Bohr said Patrick Media applied for a variance in 1992 but was denied. Photos of the signs on the property were taken on April 23, 1996 and at the initial
inspection. The photos taken on April 23, 1996, were submitted as a City exhibit.
Property ownership was verified through the Property Appraiser’s office. A Notice of Violation was sent to the property owner and to the lessee. Certified mail receipts were received.
Mr. Bohr stated he had contact with the owner and the lessee. The property was reinspected on February 23, 1996, and is still not in compliance. The City recommends allowing 30 days
to come into compliance or a $50.00 per day fine for each day the violation continues to exist past the compliance date. The City submitted Exhibits 1-7.
Attorney Hempke agreed the photos were a true and accurate representation of the signs on the property. He asked to see Mr. Bohr’s notes and asked they be submitted as Defendant’s
Exhibit A.
Discussion ensued regarding the Dimmitt Case pending in Circuit Court. Due to pending litigation, Attorney Hempke requested the City wait on enforcement of the sign code until the
Dimmitt case is settled. He said his defense today is the City has an unenforceable ordinance and believes the City has no valid sign regulations. Attorney Hemke also indicated the
City did not comply with Florida Statutes regarding proper notifications of the ordinance readings. He reviewed the history of the Dimmitt case and the City’s petition for rehearing.
He submitted Defendant’s Exhibits B, C, and D.
A question was raised regarding yearly income derived from the billboard. Attorney Hemke responded he did not have that information available. A question was also raised why Patrick
Media applied for a variance in 1992 if they believed they were not in violation of the sign code. Attorney Hemke responded they did so in an attempt to resolve the issue rather than
immediately go to court.
Assistant City Attorney Dougall-Sides indicated a trial date is set for September. She said the City was granted a summary judgment on 10 of 15 issues in the Dimmitt case. She noted
Patrick Media has not sought an injunction against the enforcement of the City’s sign code. The Municipal Code Enforcement Board heard the Patrick Media/Gary and Phillip Wood case in
June 1995 and found them to be in violation.
Discussion ensued in regard to section of the City code invalidated by the court decision in the Dimmitt case. The Assistant City Attorney noted the Dimmitt case struck down sections
of the sign code that involved the display of American flags. The setback requirements and square footage requirements being addressed today were not cited under the struck down sections.
It was noted the Dimmitt case was not an issue before the Board today. The Board Attorney recommended the Board Members address the violation at hand according to the City of Clearwater
Code of Ordinances and not the case law being cited today.
Mr. Hempke asked the Board to consider granting 90 days to comply to give Patrick Media time to resolve the issue. It was felt 30 days would get them moving more quickly. A question
was raised if Patrick Media would donate the proceeds earned from allowing the sign to remain for the additional time frame being requested. Attorney Hemke indicated if the court decision
is not favorable, he would approach Patrick Media.
The public hearing was closed.
Member Riley moved that regarding Case 19-96, the Municipal Code Enforcement Board has heard testimony at its regular meeting held the 24th day of April, 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 City Inspector Donald Bohr and Donald Hempke, attorney representing Patrick Media, and viewing the evidence submitted: City Exhibits 1-7 (Exhibit 1 - Code
sections violated, Exhibit 2 - Ownership Verification/Property Appraiser, Exhibit 3 - Sign Variance Transmittal, Application, Minutes and Action Agenda, Exhibit 4 - Notice of Violation
dated 2/12/96, Exhibit 5 - Composite photos taken 4/23/96, Exhibit 6 - Sign Amortization Affidavit of Violation and Request for Hearing dated 1/26/96, and Exhibit 7 - Notice of Hearing
dated 4/3/96) and Defendant’s Exhibits A-D (Exhibit A - Donald Bohr’s notes, Exhibit B - Appellants’ Petition for Rehearing [City of Clearwater vs. Lawrence Dimmitt, III & Dimmitt Chevrolet],
Exhibit C- 985 Federal Reporter, 2d Series, pages 1565-1573 and Exhibit D - 782 Federal Supplement, pages 586-593) it is evident signage exceeding the maximum square footage, height
and setback requirements allowed in this zoning district exists, as referred to in the Affidavit of Violation read into the record, at 1880 N. Hercules Avenue, Clearwater.
CONCLUSIONS OF LAW
M. Lenore Holcombe, Property Owner, and Patrick Media Group, Inc., Lessee, are in violation of Article III, Chapter 44, Sections 44.51(2)(c)2, 44.51(4)(e)1.b, 44.51(4)(e)1.c, and 44.55(3)
of the Clearwater City Code.
ORDER
It is the Order of this Board that M. Lenore Holcombe, Property Owner, and Patrick Media Group, Inc., Lessee, shall comply with said sections of the Code of the City of Clearwater within
30 days (5/24/96). If M. Lenore Holcombe, Property Owner, and Patrick Media Group, Inc., Lessee, do not comply within the time specified, the Board may order them to pay a fine of $50.00
per day for each day the violation continues to exist. If M. Lenore Holcombe, Property Owner, and Patrick Media Group, Inc., Lessee, do 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 M. Lenore Holcombe, Property Owner, and Patrick Media Group, Inc., Lessee, shall notify Inspector Donald
Bohr, the City Official who shall inspect the property and notify the Board of compliance.
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.
D. Case 20-96 Cengiz Gokcen/Owner
Patrick Media Group, Inc./Lessee
2288 Drew Street
(Land Development Code)
The Secretary to the Board read the violation into the record. The Board, Attorney Hemke and Assistant City Attorney Dougall-Sides concurred on incorporating the testimony and exhibits
(except Defendant’s Exhibit A) presented in Case 19-96 into the record for this case.
Member Riley moved that regarding Case 20-96, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of April, 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 City Inspector Donald Bohr, and Donald Hempke, attorney representing Patrick Media and viewing the evidence submitted: City Exhibits 1-7 (Exhibit 1 - Code
sections violated, Exhibit 2 - Ownership Verification/Property Appraiser, Exhibit 3 - Sign Variance Transmittal, Application, Minutes and Action Agenda, Exhibit 4 - Notice of Violation
dated 2/12/96, Exhibit 5 - Composite photos taken 4/23/96, Exhibit 6 - Sign Amortization Affidavit of Violation and Request for Hearing dated 1/26/96, and Exhibit 7 - Notice of Hearing
dated 4/3/96) and Defendant’s Exhibits A-D (Exhibit A - None Submitted, Exhibit B - Appellants’ Petition for Rehearing [City of Clearwater vs. Lawrence Dimmitt, III & Dimmitt Chevrolet],
Exhibit C- 985 Federal Reporter, 2d Series, pages 1565-1573 and Exhibit D - 782 Federal Supplement, pages 586-593) it is evident signage exceeding the maximum square footage, height
and setback requirements allowed in this zoning district exists as referred to in the Affidavit of Violation read into the record at 2288 Drew Street, Clearwater.
CONCLUSIONS OF LAW
Cengiz Gokcen, Property Owner, and Patrick Media Group, Inc., Lessee, are in violation of Chapter 44, Article III, Sections 44.51(4)(c)1.b, 44.51(4)(c)1.c, and 44.55(3) of the Clearwater
City Code.
ORDER
It is the Order of this Board that Cengiz Gokcen, Property Owner, and Patrick Media Group, Inc., Lessee, shall comply with said sections of the Code of the City of Clearwater within
30 days (5/24/96). If Cengiz Gokcen, Property Owner, and Patrick Media Group, Inc., Lessee, do not comply within the time specified, the Board may order them to pay a fine of $50.00
per day for each day the violation continues to exist. If Cengiz Gokcen, Property Owner, and Patrick Media Group, Inc., Lessee, do 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 Cengiz Gokcen, Property Owner, and Patrick Media Group, Inc., Lessee, shall notify Inspector Donald Bohr,
the City Official who shall inspect the property and notify the Board of compliance.
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.
E. Case 21-96
William & Mary Moran/Owner
Patrick Media Group, Inc./Lessee
1390 Gulf-to-Bay Boulevard
(Land Development Code)
The Secretary to the Board read the violation into the record. The Board, Attorney Hemke and Assistant City Attorney Dougall-Sides concurred on incorporating the testimony and exhibits
(except Defendant’s Exhibit A) presented in Case 19-96 into the record for this case.
Member Riley moved that regarding Case 21-96, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of April, 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 Donald Bohr, City Inspector, and Donald Hempke, attorney representing Patrick Media and viewing the evidence submitted: City Exhibits 1-7 (Exhibit 1 - Code
sections violated, Exhibit 2 - Ownership Verification/Property Appraiser, Exhibit 3 - Sign Variance Transmittal, Application, Minutes and Action Agenda, Exhibit 4 - Notice of Violation
dated 2/12/96, Exhibit 5 - Composite photos taken 4/23/96, Exhibit 6 - Sign Amortization Affidavit of Violation and Request for Hearing dated 1/26/96, and Exhibit 7 - Notice of Hearing
dated 4/3/96) and Defendant’s Exhibits A-D (Exhibit A - None Submitted, Exhibit B - Appellants’ Petition for Rehearing [City of Clearwater vs. Lawrence Dimmitt, III & Dimmitt Chevrolet],
Exhibit C- 985 Federal Reporter, 2d Series, pages 1565-1573 and Exhibit D - 782 Federal Supplement, pages 586-593) it is evident signage exceeding the maximum square footage, height
and setback requirements allowed in this zoning district exists as referred to in the Affidavit of Violation read into the record at 1390 Gulf-to-Bay Boulevard, Clearwater.
CONCLUSIONS OF LAW
William & Mary Moran, Property Owner, and Patrick Media Group, Inc., Lessee, are in violation of Article III, Chapter 44, Sections 44.51(4)(e)1.b, 44.51(4)(e)1.c, 44.55(3) and 44.51(2)(c)2,
of the Clearwater City Code.
ORDER
It is the Order of this Board that William & Mary Moran, Property Owner, and Patrick Media Group, Inc., Lessee, shall comply with said sections of the Code of the City of Clearwater
within 30 days (5/24/96). If William & Mary Moran, Property Owner, and Patrick Media Group, Inc., Lessee, do not comply within the time specified, the Board may order them to pay a
fine of $50.00 per day for each day the violation continues to exist. If William & Mary Moran, Property Owners and Patrick Media Group, Inc., Lessee, do 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 William & Mary Moran, Property Owner, and Patrick Media Group, Inc., Lessee, shall notify Inspector Donald Bohr, the City Official who shall inspect
the property and notify the Board of compliance.
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.
F. Case 22-96
Yvonne F. Ulfers
831 Grand Central Avenue
Clearwater, FL
(Land Development Code)
In a memo dated April 23, 1996, Vicki Niemiller, Code Inspector, withdrew Case 22-96 as the property is now in compliance.
G. Case 23-96
Robert H. Lickert
Vacant Lot - 801 N. Myrtle Avenue
(Land Development Code)
In a memo dated April 23, 1996, Vicki Niemiller, Code Inspector, requested this case be continued to May 22, 1996, so that proper notice could be served. Member Riley moved to continue
Case 23-96 to the meeting of May 22, 1996. The motion was duly seconded and carried unanimously.
H. Case 24-96
Steven & Marie Beaty
2335 Barkwood Pass
(Land Development Code)
In a memo dated April 22, 1996, Lt. Jeff Kronschnabl, Community Response Team, requested Case 24-96 be continued to May 22, 1996, as the property owner is in the process of complying
with code. Member Riley moved to continue Case 24-96 to the meeting of May 22, 1996. The motion was duly seconded and carried unanimously.
I. Case 25-96
Gilbert G. Jannelli
1930 Drew Street
(Land Development Code)
Mr. Jannelli requested this case be continued so that he could work with staff to reach compliance. Member Kerwin moved to continue Cases25-96 to May 22, 1996. The motion was duly
seconded and carried unanimously.
2. OTHER BOARD ACTION/DISCUSSION
A. Case 17-96 - Affidavit of Compliance
Steven & Pamela Weigand
1957 Sever Drive
(Land Development Code)
B. Case 13-96 - Affidavit of Compliance
Remprop, Inc.
Richard Metz, R.A.
1612 Gulf-to-Bay Boulevard
(Occupational License/Land Development Code)
C. Case 9-96 - Affidavit of Compliance
Steven Fabos
904 Lotus Path
(Building Code)
Member Riley moved to accept the Affidavits of Compliance for Cases 17-96, 13-96 and 9-96. The motion was duly seconded and unanimously carried.
3. APPROVAL OF MINUTES - February 28, 1996 and March 27, 1996.
Member Riley moved to approve the minutes of February 28, 1996 and March 27, 1996 as submitted. The motion was duly seconded and carried unanimously.
4. ADJOURNMENT
The meeting adjourned at 4:10 p.m.
Chairman
Municipal Code Enforcement Board
Attest:
________________________________________
Secretary to the Board