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06/23/1999MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER June 23, 1999 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair Frank Huffman Member David Allbritton Member Mary Rogero Member Joyce Martin Member Sheila Cole Member Also Present: Leslie Dougall-Sides Assistant City Attorney Karen Clark Attorney for the Board Mary K. “Sue” Diana Secretary for the Board Brenda Moses Board Reporter The Chair called the meeting to order at 3:04 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 15-99 Tropicana Palms, Ltd. (Builders Square) 2495 Gulf to Bay Blvd. (Landscape) – Kurleman In a letter dated June 22, 1999, a request was made for a continuance of this case due to commencement of bankruptcy proceedings. Member Tieman moved to continue Case 15-99 to the next meeting. The motion was duly seconded and carried unanimously. B. Case 16-99 Equator, Inc. (Froggy's Night Club) 2516 Gulf to Bay Blvd. (Landscape) - Kurleman Board Secretary Diana read the affidavit of violation and request for hearing. The return receipt for the notice of hearing sent by certified mail was received. The Respondent was not in attendance. In response to questions from Assistant City Attorney Leslie Dougall-Sides, Inspector Kurleman said the property was first inspected on April 23, 1999. The original landscaping plan dated January 31, 1985, was for a business called “Studebaker” at this same location. The landscaping plan was modified for “Froggy’s Night Club” on May 5, 1998. Inspector Kurleman said the property contains dead sod, trash, and debris and is deficient in landscaping materials. Inspector Kurleman said he spoke to a representative from Froggy’s who stated the property has not been brought into compliance because of a pending sale. Ms. Dougall-Sides submitted City Exhibits 1 – 6. In response to a question, Inspector Kurleman said the property owner also must repair the irrigation system. Ms. Dougall-Sides noted building code violations on this property may exist. In response to a question, Inspector Kurleman said, at a minimum, the property owner should be required to repair the irrigation system and remove the dead materials. Froggy’s is not currently opened for business. Discussion ensued regarding landscaping requirements changing depending on use of property and concern was expressed in replacing plants, shrubs, etc. with the possibility of having them removed by the new owner. Member Huffman moved that concerning Case 16-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on June 23, 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 Scott Kurleman, (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 – notice of violation dated 4/23/99; Ex. 2 – notice of hearing dated 6/4/99; Ex. 3 - City code sections re landscaping requirements; Ex. 4 – property owner verification; Ex. 5 – composite photographs of conditions; and Ex. 6 – landscaping plan, 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 Sections 3-1204 (B), (I), & (L) 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 14 days from the date the Order was sent by certified mail (July 7, 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 July 7, 1999, the Respondent may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day for each day the violation continues beyond July 7, 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. 2. UNFINISHED BUSINESS A. Case 06-98 - Affidavit of Compliance Glen R. Johnson, Inc. and Affiliates Beach Communities II, Inc. 1350 Gulf Blvd. (LDC) - Scott B. Case 08-99 - Affidavit of Compliance Michael & Patricia Vlamakis 2010 Drew Street (LDC) - DeBord Member Tieman moved to accept the affidavits of compliance for Cases 06-98 and 08-99. The motion was duly seconded and carried unanimously. City Inspectors thanked the board for denying last month’s appeal for Case 06-98. The property had been a problem for a long time. All debris and trailers have been removed and the property is now in compliance. 3. OTHER BOARD ACTION/DISCUSSION – None. 4. APPROVAL OF MINUTES – May 26, 1999 Member Cole moved to approve the minutes of May 26, 1999, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting adjourned at 3:27 p.m.