Loading...
04/24/2002MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER April 24, 2002 Present: Lawrence Tieman Chair Sheila Cole Vice-Chair Franke Huffman Member David Allbritton Member Joyce Martin Member Absent: Kevin Teismann Member George Krause Member Also Present: Leslie Dougall-Sides Assistant City Attorney Elita Cobbs Attorney for the Board Mary K. Diana Secretary for the Board Brenda Moses Board Reporter The Chair called the meeting to order at 3:02 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 Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. Case 10-02 Marian F. McCoy 700 Nicholson Street Public Nuisance Appeal – Ruud Marian McCoy-Bascomb said she experienced unforeseen circumstances that kept her from complying with the code by removing an inoperable vehicle from her property. She said she and her husband have had medical problems and she is having difficulty obtaining title to the vehicle. She noted the vehicle was stolen, vandalized and is now inoperable. She thanked the City Inspector for his assistance. City Inspector Alan Ruud said additional time has been allowed for the appellant to comply. In response to a question, Ms. Bascomb said she does not know how to resolve the issue of removing the vehicle on the property, as she does not own it. It was remarked that it is difficult to have a salvage yard tow an inoperable vehicle from a private property. Inspector Ruud said since the vehicle is on Ms. Bascomb’s property, it is still her responsibility to have it removed. Ms. Bascomb requested three weeks to have the vehicle removed. It was remarked the Board should only decide whether to grant or deny this appeal not to grant additional time. Ms. Bascomb will need to work with staff to remove it or have it removed. Member Cole moved to deny the appeal. The motion was duly seconded and carried unanimously. B. Case 12-02 Marian F. McCoy 700 Nicholson Street Public Nuisance Appeal – Ruud This case was withdrawn by staff. C. Case No. 11-02 Ronald L. & Margaret A. Venter 2942 Clubhouse Drive W. Development Code – King Ms. Diana read the affidavit of violation and request for hearing. She said service was obtained on the notice of hearing by certified mail. In response to questions from Ms. Dougall-Sides, City Inspector Janice King said she received a complaint from the Countryside Homeowners’ Association regarding landscaping problems. She inspected the property on August 15, 2001 and found three violations, two of which were resolved. Dead grass was found in several areas. A notice of violation was issued on November 5, 2001 and sent by certified mail to Mr. and Mrs. Venter. The notice was not claimed. The notice was posted on the property and at City Hall. Ms. King said Mr. Venter phoned her on November 13, 2001, and said the grass would be replaced in January 2002. Ms. King said she received another call from the Homeowners’ Association on February 1, 2002. She reinspected the property on February 1, 2002, and the grass had not been replaced. Other inspections were made, including one this morning, and the property remains in violation. Ms. King said the front yard, south of the driveway is mostly sand. To the north are mostly leaves and little grass. Ms. Dougall-Sides submitted City Exhibits 1 – 6 including photographs taken on September 18, 2001, and on February 20, 21, and 24, 2002. In response to a question, Mr. Venter said he agrees the violation exists. He submitted a letter (Defendant Exhibit 1) explaining reasons he was unable to address the violations and plans for bringing the property into compliance. He said he experienced personal issues, his wife had medical problems, he has no health insurance, and he travels frequently. He said he had difficulty finding a pump company to drill new wells. He planted grass seed using oak leaves to cover, but without irrigation, most of the seed had dried up. He said he could not afford to use City water to irrigate. In response to a question, he said he might be able to come into compliance within 60 days or a little longer. He said the circular driveway he plans to construct to alleviate family members from parking along the street and inconveniencing neighbors is not his first priority. Ms. King said she had given Mr. Venter a list of drought-resistant landscaping cover. It was remarked this issue has been ongoing since August of 2001. Member Huffman moved that concerning Case No. 11-02, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on April 24, 2002, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT: After hearing testimony of Respondent Ronald L Ventor and Code Inspector Janice King, and viewing the evidence, City Exhibits #1-Notice of Violation 11/5/01; #2-Community Development Code CD3:54; #3-Affidavit of Service; #4-Affidavit of Violation and Request for Hearing; #5-Community Response Team Photo Sheets; #6-Unclaimed Certified Mail and Defendant Exhibit. #1-Correspondence, it is evident the property is in violation of the City code in that the landscaping is inadequate and has not been maintained. CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in violation of Section 3-1502.H.2 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 by July 23, 2002. 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 23, 2002, the Respondent may be ordered to pay a fine in the amount of $50 per day for each day the violation continues beyond July 23, 2002. 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 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. Upon the vote being taken, Members Huffman, Allbritton, and Cole voted “aye”; Member Martin and Chair Tieman voted “nay”. Motion carried. 2. UNFINISHED BUSINESS A. Case 44-01 - Affidavit of Compliance American Infoage 505 Virginia Lane Development Code – Kurleman B. Case 45-01 - Affidavit of Compliance Irene L. McClimans 1209 Edenville Avenue Building - Coccia Member Huffman moved to accept the Affidavits of Compliance for Cases 44-01 and 45-01. The motion was duly seconded and carried unanimously. C. Case 08-02 - Affidavit of Non-Compliance Janusz & Roxana Nowicki 2040 Gulf to Bay Boulevard Development Code – Kurleman Member Martin moved to accept the Affidavit of Non-Compliance and issue the Order imposing the fine for Case 08-02. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION/DISCUSSION The Chair said he attended Neighborhood Week and was disappointed few people attended. He complimented Betsy Clement for an outstanding job on her presentation seminar. The Chair said he received a letter from the Mayor regarding his disappointment over the turnout for the advisory board appreciation dinner. The Mayor requested recommendations on other ways to recognize advisory board members. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS Member Huffman moved to accept the nuisance abatement lien filings as presented. The motion was duly seconded and carried unanimously. Gulf Point Ltd. COD2002-00427 1938 Springtime Avenue $250.00 Sunset Point 2nd Addition, Blk G, N51' of Lot 50 Janice Miller COD2002-00114 1872 Springtime Avenue $200.00 Sunset Point 1st Addition, Blk E, Lot 34 McGuire Family Trust COD2002-00233 2069 Los Lomas Drive $200.00 Valencia Park Unit 2, Lot 136 Joan Huettner COD2002-00241 1539 Laura Street $200.00 Crest Lake Sub, Blk H, Lots 5-6 Menna-Pinellas COD2002-00685 20788 U.S. Highway 19 North $200.00 Section 18-29-16, M&B 14/121 APPROVAL OF MINUTES - 2/27/02 and 3/27/02 Member Cole moved to approve the minutes of the regular meetings of February 27 and March 27, 2002, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ADJOURNMENT The meeting adjourned at 3:48 p.m.