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04/26/2000MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER April 26, 2000 Present: Lawrence Tieman Vice-Chair Sheila Cole Board Member Joyce Martin Board Member Pete Caffentzis Board Member Absent: Helen Kerwin Chair David Allbritton Board Member Frank Huffman Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Karen Clark Board Attorney Mary K. “Sue” Diana Secretary for the Board Brenda Moses Board Reporter The meeting was called to order by Vice-Chair Tieman at 3:00 p.m. in City Hall Chambers. In order to provide continuity for research, the items are 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 20-99 Discount Auto Parts, Inc. 1600 N. Myrtle Avenue (landscape - repeat) - Kurleman In response to questions from Assistant City Attorney Leslie Dougall-Sides, Inspector Scott Kurleman said this property was previously found in violation of the landscaping ordinance. The site had come into compliance through replanting efforts. An Affidavit of Compliance was filed on October 9, 1999. The Planning Director drove through the area and found the site had since declined. Photographs of the property were taken on March 27, 2000 and the property reinspected in February 2000. Following reinspection, an Affidavit of Repeat Violation and Request for Hearing was issued. Inspector Kurleman said he spoke to the owner after the request for hearing was issued and the site is nearly in compliance. He said the irrigation system is inadequate to maintain the landscaping. Although the City is under restrictions due to a water shortage, new plantings are permitted to be watered daily for the first 30 days. Mr. Kurleman said he feels the owners are attempting to comply, but regular maintenance of landscaping materials is required to remain in compliance. He noted the irrigation system malfunctioned for several months. City Exhibits 1 – 4, including photographs were submitted. Kevin Sullivan, Discount Auto Parts, said he agrees the site is in violation. He said it has been a challenge to maintain the landscaping and has enhanced the sprinkler system. He said the Manger and District Manager of the store are aware of the problem and have recently installed over $6500 in landscaping since the notice of repeat violation was issued. He said Discount Auto Parts intends to comply with regulations and maintain the property accordingly. Member Cole moved that concerning Case 20-99 the Municipal Code Enforcement Board has heard testimony at its regular meeting held on April 26, 2000, 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 and Kevin Sullivan, representing Discount Auto Parts, Inc., and viewing the evidence, City Exhibits 1- 4 (Ex. 1 – notice of hearing dated 4/10/00; Ex. 2 – affidavit of compliance dated 10/9/99; Ex. 3 – affidavit of repeat violation and request for hearing; and Ex. 4 – photographs of existing conditions), it is evident the plant material and sod on the property is dead and/or declining due to lack of maintenance and water and the property is in violation of the section(s) of the Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 3-1204 (B), (I) & (L) of the Code of the City of Clearwater, Florida, that Respondent was found to have violated the same provision by the Board on August 25, 1999, and that Respondent has committed a repeat violation. ORDER It is the Order of the Board that the Respondent shall comply with said section(s) of the Code of the City of Clearwater by May 26, 2000. It is the Order of this Board that the Respondent shall pay a fine in the amount of one hundred and no/100 dollars ($100.00) per day commencing May 27, 2000 and continuing for each day the violation continues to exist. Upon complying, the Respondent shall notify the Code Inspector who shall inspect the property and notify the board of compliance. 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. B. (Cont. from 2/23/00) Case 10-00 Owner: Wolverine Prop Inv. Ltd. Ptnshp Lessee: Outdoor Systems Inc. 2266 Gulf to Bay Blvd. (sign) - Bohr C. (Cont. from 2/23/00) Case 11-00 Owner: Ace Liquors, Inc. Lessee: Outdoor Systems Inc. 1751 Gulf to Bay Blvd. (sign) - Bohr D. (Cont. from 2/23/00) Case 12-00 Owner: Ellis Co. Ltd. Lessee: Outdoor Systems Inc. 501-525 S. Belcher Rd. (sign) - Bohr E. (Cont. from 2/23/00) Case 13-00 Owner: Limited Properties, Inc. Lessee: Outdoor Systems Inc. 2800 Gulf to Bay Blvd. (sign) - Bohr F. (Cont. from 2/23/00) Case 14-00 Owner: Kennedy Frost Inv. Inc. Lessee: Outdoor Systems Inc. 2760 Gulf to Bay Blvd. (sign) - Bohr G. (Cont. from 2/23/00) Case 15-00 Owner: Herbert E. Wollowick Lessee: Outdoor Systems Inc. 2779 Gulf to Bay Blvd. (sign) - Bohr H. (Cont. from 2/23/00) Case 16-00 Owner: Car Spa Clearwater Lessee: Outdoor Systems Inc. 2516 Gulf to Bay Blvd. (sign) - Bohr Two representatives for Case 14-00 questioned why the case was being dismissed. It was noted due to the retirement from City employment of the code inspector who cited and prepared the above-referenced cases, the City has dismissed Cases 10-00 through 16-00 and will be reciting said violations. Ms. Dougall-Sides said she preferred not to discuss the particulars of the case at this time. I. (Cont. from 2/23/00) Case 17-00 Owner: Thomas G. Seibert Lessee: Business Records Management, Inc. 1143 Eldridge Street (fire) - Anderson J. (Cont. from 2/23/00) Case 18-00 Owner: Thomas G. Seibert Lessee: Business Records Management, Inc. 1125 Eldridge Street (fire) - Anderson Member Martin moved to continue Cases 17-00 and 18-00. The motion was duly seconded and carried unanimously. 2. UNFINISHED BUSINESS A. Case 19-98 - Affidavit of Compliance Vasilios & Dimitrios Vassos 111 S. Orion Avenue (building) - Scott Member Cole moved to accept the Affidavit of Compliance for Case 19-98. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION Discussion ensued regarding the procedure of making a motion for consideration before board discussion begins. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS Dorothy M. Thompson COD2000-00456 1417 North Madison Avenue Fairmont Sub, Blk H, Lots 6, 7 and 8 $ 298.80 Miller M. Cooper COD2000-00559 505 Virginia Lane Section 13-29-15, Metes & Bounds 32/05 $ 200.00 Jason Chambers COD2000-01302 Adj to 2125 Range Road on City ROW Section 12-29-15, Metes & Bounds 14/10 $ 300.00 Member Caffentzis moved to accept the nuisance abatement lien filings as presented. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES – March 22, 2000 Member Cole moved to approve the minutes of the regular meeting of March 22, 2000, as submitted in written summation to each Board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:32 p.m.