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08/27/1997MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER August 27, 1997 Present: Louise C. Riley, Chair Helen Kerwin, Member Dennis Henegar, Member David Allbritton, Member Stephen D. Swanberg, Member Lawrence Tieman, Member Frank Huffman, Member Leslie Dougall-Sides, Assistant City Attorney Mark Connolly, Attorney for the Board Mary K. Diana, Secretary for the Board Brenda Moses, Board Reporter The meeting was called to order by Chair Riley at 3:00 p.m. in the Commission Chambers at City Hall. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The Chair 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. PUBLIC HEARINGS A. Case 43-97 (Cont’d. 5/28/97) The Kennel Klub Bar & Grill/Joseph Dettore 1400 Cleveland St. (Occupational License) - Sexsmith In a memo dated August 6, 1997, Inspector Barbara Sexsmith withdrew Case 43-97 as the business has obtained an occupational license. B. Case 47-97 Valerie Valentine 1130 Turner Street (Building) - Scott Assistant City Attorney Leslie Dougall-Sides indicated the City has not obtained service for today’s hearing for Case 47-97. She requested Case 47-97 be rescheduled to the next meeting. Concern was expressed in continuing cases due to certified mail not being claimed. Discussion ensued regarding how the alleged violators are notified to obtain proper service. Attorney Mark Connolly stated according to Florida Statues all notices required shall be provided to the alleged violator by certified mail, return receipt requested; by hand-delivery by the Sheriff or law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the alleged violator’s usual place of residence with any person residing therein who is above 15 years of age and informing that person of the contents of the notice. In addition to one of those actions, notice may be served by publication or by posting. Posting would require that a Code Enforcement Officer post for at least 10 days in at least 2 locations, one of which shall be at the property upon which the violation is alleged to exist, and the other which shall be at the primary municipal government office. The Code Enforcement Officer would present an Affidavit indicating proper notice was posted on the property, and at City Hall for 10 days before the hearing. It was felt due to the lack of citizens picking up and signing their certified mail, it becomes necessary to further utilize the other means of notification. Discussion ensued regarding notifying the Inspectors if proper service is not obtained within a week after the mail has been sent to the alleged violator so the property may be posted. Member Swanberg moved to continue Case 47-97 to the next meeting. The motion was duly seconded and carried unanimously. C. Case 48-97 Wieland Irle 1300 N. Ft. Harrison Avenue (Land Development Code) - Niemiller In a memo dated August 12, 1997, Inspector Vickie Niemiller withdrew Case 48-97 as the property is now in compliance. 2. UNFINISHED BUSINESS A. Case 25-97 - Affidavit of Non-Compliance Ruben and Linda Umpierrez 1916 Overbrook Ave. (Housing Code) - Rosa Member Henegar moved to accept the Affidavit of Non-Compliance for Case 25-97 and issue the order imposing the fine. The motion was duly seconded and carried unanimously. B. Case 40-97 - Affidavit of Compliance Imperial Cove Condo Association, Inc. 19029 U. S. Hwy. 19 N. (Land Development) - King Member Henegar moved to accept the Affidavit of Compliance for Case 40-97. The motion was duly seconded and carried unanimously. C. Case 34-97 - Affidavit of Compliance Imperial Gardens Co. - c/o Frank Fini 2100 Nursery Rd., Unit A-9 (Building) - Scott Member Henegar moved to accept the Affidavit of Compliance for Case 34-97. The motion was duly seconded and carried unanimously. D. Case 42-94 - Affidavit of Compliance Ed and Belinda Young 607 N. Osceola Ave. (Occupational License) - Sexsmith Member Henegar moved to accept the Affidavit of Compliance for Case 42-94. The motion was duly seconded and carried unanimously. Ms. Diana noted that Ed and Belinda Young have requested to address the Board regarding a reduction of fine. The fine is approximately $28,000 for nonrenewal of an occupational license since 1994. It was noted the Youngs have a contract to sell their property and want to close on September 16, 1997. In response to questions, Ms. Diana noted there has been recent correspondence with the Youngs regarding the fine and, in April of 1996, Ms. Young received certified mail indicating the fine was at $13,800. She did not attempt to obtain an occupational license at that time. Concern was expressed the Youngs intentionally did nothing to comply with the Board’s order until they were ready to sell their property. Member Henegar moved to deny a hearing regarding Case 42-94 for reduction of fine. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION - none. 4. APPROVAL OF MINUTES - June 25, 1997 and July 23, 1997 Member Tieman moved to approve the minutes for the meetings of June 25, 1997 and July 23, 1997 as submitted in writing to each member. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting adjourned at 3:25 p.m.