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06/22/2005 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 22, 2005 Present: Sheila Cole Chair Douglas J. Williams Vice-Chair George Krause Board Member Jay Keyes Board Member Joyce Martin Board Member Richard Avichouser Board Member Kelly Sutton Board Member Also Present: Bryan Ruff Assistant City Attorney Andy Salzman 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, followed by the Pledge of Allegiance. 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 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 20-05 (Continued from 05-25-05) Thomas C Jessup & Dorothy J Jessup 1770 Drew Street Portable Storage Unit – Parra The Respondent had no representation. Code Enforcement Inspector Gabe Parra provided a power point presentation. He cited applicable sections of the Code involving portable storage units. He reported he initially inspected the property on April 7, 2004, at which time he spoke to the store manager and discussed the violations. He said on February 16, 2005, Mr. Jessup indicated he had contracted the services of an engineering company to handle the required permits and paperwork. On March 1, 2005, Northside Engineering Services called him stating the architect handling this case had been replaced. A notice of violation was issued on March 23, 2005. Mr. Parra recommended removal of the portable storage units within 30 days or a $250/day fine be imposed for each day the violation continues to exist. He submitted composite City Exhibit #1. It was noted this violation has existed for over a year. Code Enforcement 2005-06-22 1 Member Martin moved this case came before the City of Clearwater Code Enforcement Board on June 22, 2005, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that two portable storage units exceeding the duration and dimensions allowed by the Code are located on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code within 30 calendar days from the date this Board’s Order is sent certified mail to the Respondent(s). If Respondent(s) does not comply within the time specified, the Board may order a fine of $250.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Gabriel Parra, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to 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 property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. 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. motioncarried The was duly seconded and unanimously. B. Case 21-05 (Continued from 05-25-05) Nicolas Papas & Maria Papas 1800 Gulf To Bay Blvd (Hogfish Grill) Grass Parking – Franco Frank Chevas, partner with Hogfish Grill, admitted to the violation. He said he already has fixed the problem temporarily and is working toward a permanent fix. Code Inspector Peggy Franco said the City has been working with the property owner since November of 2004 to address the problem. In response to a question, Ms. Franco said the last time a violation was observed was on June 3, 2005. She said if the owners are working to correct the problems, she is not aware of their efforts. Code Enforcement 2005-06-22 2 In response to a question, Mr. Chevas said he was unaware he was to keep in contact with the City Inspector regarding his progress. He said he has been working with his engineer. The property was remodeled and plans included nine parking spaces. He referred to a site plan where the nine spots were indicated. He said he would be submitting the plan to the City around August 1. Development Services Manager Bob Hall said this situation has been ongoing for some time. He said the property is brought into compliance by the required date listed in the notice of violation, then reoccurs. He said the City wishes to establish the violation and fine to discourage a repeat of the violation. Ms. Franco recommended compliance within 30 days or a $200/day fine be imposed for each day the violation continues to exist. Mr. Hall said any signs posted indicating there is no parking on the property must comply with Code. Mr. Hall suggested Mr. Chevas contact the Planning Department regarding signage regulations. Ms. Franco said the property was not in violation today. Member Keyes moved this case came before the City of Clearwater Code Enforcement Board on June 22, 2005, after due notice to the Respondent(s), and having hear testimony under oath and received evidence, the Board issues to the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident that cars were being parked on the grass, which is in violation of the Community Development Code; however, it is further evident that this condition was corrected on June 22, 2005, prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine of $250.00 per day for each day the violation exists after the Respondent(s) is/are notified of the repeat violation. 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 Code Enforcement 2005-06-22 3 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. motioncarried The was duly seconded and unanimously. C. Case 22-05 (Continued to 07-27-05) Stowell Properties 2815-2817 Gulf-to-Bay Blvd Grass Parking – Franco This case was continued by staff to the July 27, 2005 meeting. 2. UNFINISHED BUSINESS A. Case 09-05 – Affidavit of Non-Compliance John and Christina R. Richardson 843 Eldorado Ave Permit/Inspection – Coccia B. Case 01-05 – Affidavit of Non-Compliance Five Oaks South, LLC / Patapis, Steve Est 443 East Shore Drive Parking Lot Surfaces, Outdoor Display/Storage, Exterior Surfaces, Lot Clearing - Phillips Member Keyes moved to accept the Affidavits of Non-Compliance for Cases 09-05 and motioncarried 01-05 and issued the Orders imposing the fines. The was duly seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A request was made by Mr. James Ficken for a rehearing of Case 18-05 – 1608 N. Osceola Avenue. Staff indicated its opposition to approving this request citing Mr. Ficken’s delay tactics and his failure to bring his property into compliance after several months. Discussion ensued regarding the process the Board follows for these type requests and it was indicated the Board would only rule today on whether or not to rehear this case at a future meeting. Member Avichouser moved the Board consider rehearing Mr. Ficken’s case. There was no second. Member Keyes moved to deny Mr. Ficken’s request for a rehearing. The motion was duly seconded and upon the vote being taken Members Williams, Krause, Keyes, Martin, and carried. Sutton and Chair Cole voted “Aye”; Member Avichouser voted “Nay.” Motion Discussion ensued regarding scheduling a workshop to review the streamlined process, rules and procedures, etc. . Consensus was to schedule the workshop immediately following the July meeting. Code Enforcement 2005-06-22 4 . . . Member Keyes reported he would be absent from the August meeting. 4. NEW BUSINESS - None. 5. NUISANCE ABATEMENT LIEN FILINGS Christophe C Coots 315 N Duncan Ave Drew Manor Lot 38 PNU2004-03004 $200.00 Meg Enterprises Group Inc 521 D St Belleair Blk 16, Lots 1, 2, 3 & 4 and E 4 Ft of Lot 5 PNU2004-02714 $200.00 Member Avichouser moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - May 25, 2005 Member Keyes moved to approve the minutes of the regular meeting of May 25, 2005, as corrected by the Board Secretary. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:33 p.m. "~M CtYciir -- Municipal Code Enforcement Board ~. . ~ Secre ry the Board Code Enforcement 2005-06-22 5