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03/24/1999MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER March 24, 1999 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair Frank Huffman Board Member David Allbritton Board Member Sheila Cole Board Member Joyce Martin Board Member Absent: Mary Rogero Board Member Also Present: Rob Surette Assistant City Attorney Mark Connolly Attorney for the Board Mary K. Diana Secretary for the Board Brenda Moses Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the order. Florida Statutes 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. Case 07-99 (Cont. from 1/27 & 2/24/99) Edward C. Ellis & Richard J. Slater 527 E Street (Housing) – Hinson In a memo dated March 17, 1999, Inspector Fredd Hinson withdrew Case 07-99 as the property is now in compliance. B. Case 08-99 (Cont. from 2/24/99) Michael & Patricia Vlamakis 2010 Drew Street (LDC) – DeBord Ms. Diana read the Affidavit of Violation and Request for Hearing. The date of official notice of violation was December 1, 1998. She reported the return receipt for the notice of hearing sent by certified mail was returned. The subject property remains in violation of the code. The applicants have failed to comply with the terms, conditions, and restrictions of a conditional use approved by the Planning & Zoning Board regarding the location of vehicles for sale, disabled boats, and the number of allowed vehicles on the property. Assistant City Attorney Rob Surette wished to establish a recurring violation by bringing this case forward. He submitted City Exhibits 1 - 5, including photographs, a copy of the Planning & Zoning Board minutes specifying the conditions of approval, and notices of violation issued. In response to a question, Inspector Rick DeBord stated in September 1998, he had provided the applicant extra compliance time due to family problems. Upon this morning’s inspection of the property, he noted the applicant had removed all but 18 cars. In response to a question, Mr. DeBord said 28 cars and 2 boats previously had been parked on the premises, blocking the aisles. Michael Vlamakis, Respondent, apologized for the delay, stating he had been working long hours and was cleaning the property alone. He said the clean up could be completed within 30 days. Discussion ensued regarding the number of vehicles allowed on the property. Inspector DeBord said 13 cars are permitted on the property. He noted a boat and other debris need to be removed for a complete clean up. In response to a question, Mr. DeBord felt confident the applicant would clean up the property within 30 days as indicated. Member Huffman moved that concerning Case 08-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on March 24, 1999, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspector Rick DeBord and Michael Vlamakis, Respondent, and viewing the evidence, City Exhibits 1-5 (Ex. 1 - code pages; Ex. 2 - copy of 4/18/95 Planning and Zoning Board minutes; Ex. 3 - Notice of Violations mailed 9/4/98 & 12/2/98; Ex. 4 - photographs taken 1/5/99; and Ex. 5 - photographs taken 4/24/99), it is evident the property is in violation of the sections of the Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 36.007(1)(c) of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation within 30 days (April 23, 1999). The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before April 23, 1999, the Respondent may be ordered to pay a fine in the amount of one hundred and no/100 dollars ($100.00) per day for each day the violation continues beyond April 23, 1999. If Respondent 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 Respondent pursuant to Chapter 162 of the Florida Statutes. 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 carried unanimously. C. Case 10-99 (Cont. from 2/24/99) Elias Anastasopoulos & Gregory Politis 670 S. Gulfview Blvd., Waterview Centre (LDC) – Kurleman In a memo dated March 2, 1999, Inspector Scott Kurleman withdrew Case 10-99 as the property is now in compliance. D. Case 11-99 Pablo D. & Marta Barrera 1761 Union Street (Building) – Wright In a memo dated March 24, 1999, Inspector Bill Wright withdrew Case 11-99 as the property has been sold. If the violation continues to exist, the new owners will be cited. A neighbor requested the Board give the new owners adequate time to bring the property into compliance. 2. UNFINISHED BUSINESS A. Case 09-99 - Affidavit of Compliance Kristen & Ryan Netschi 3201 Masters Drive (Tree) - Kurleman Member Huffman moved to accept the Affidavit of Compliance for Case 09-99. The motion was duly seconded and carried unanimously. B. Case 31-98 - Affidavit of Non-Compliance Patrick B. Baker 1012 Jones Street (Building) - Scott Member Tieman moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 31-98. The motion was duly seconded and carried unanimously. 3. APPROVAL OF MINUTES – February 24, 1999 Member Tieman moved to approve the minutes as submitted in writing to each member. The motion was duly seconded and carried unanimously. The meeting recessed from 3:21 to 3:26 p.m. Development Services Coordinator Bob Hall requested training sessions be scheduled to discuss how the City’s Vision relates to the new Community Development Code, and to review statutory requirements of the new code. Sessions were scheduled for April 7, 1999 and April 14, 1999 (this session was later canceled) at 3:00 p.m. in the Planning and Development Services conference room at the Municipal Services Building. 4. ADJOURNMENT The meeting adjourned at 3:32 p.m.