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07/27/2005 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 27, 2005 Present: Sheila Cole Chair Douglas J. Williams Vice-Chair Jay Keyes Board Member Joyce Martin Board Member Richard Avichouser Board Member Kelly Sutton Board Member Absent: George Krause Board Member Also Present: Bryan Ruff Assistant City Attorney Jenay Iurato 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 19-05 (Contd. from 5/25/05) Di Domizio Investments Inc. 648 Poinsettia Ave. Signs - Fox Board Secretary Diana reported service on the notice of hearing had been obtained by certified mail. Development Services Manager Bob Hall said the Board heard this case two months ago. Staff requested the case be continued as the property owner had come into compliance by removing the signs. The owners were to have made an application for the Comprehensive Sign Program but to date no application has been made. Staff requests the Board declare that a violation existed, was corrected, but order no fine be imposed unless the violation reoccurs. Mr. Hall said Inspector Fox has spoken to the owners who indicated they may not be able to attend today’s meeting but did understand the consequences. Attorney for the Board Jenay Iurato stated before making a motion, the Board’s decision should be based on evidence presented at the previous meeting. Ms. Diana said a copy of the Code Enforcement 2005-07-27 1 minutes from the meeting the case was heard were included in the packet of information sent to the Board. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on July 27, 2005, after due notice to the Respondent(s), and having heard 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 an above roof sign existed, which is in violation of the Community Development Code; however, it is further evident that this condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) Di Domizio Investments Inc. was/were in violation of the City of Clearwater Code Section(s) as referred 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 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 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 22-05 (Contd. from 6/22/05) Stowell Properties 2815-2817 Gulf To Bay Blvd Grass Parking – Franco Case 22-05 was continued by staff to the August 24, 2005, meeting. C. Case 23-05 Car Clearwater 21699 US Hwy 19 N Banners, Flags, & Signage - Fox Ms. Diana reported service on the notice of hearing had been obtained by certified mail. Code Enforcement 2005-07-27 2 Steve DeWitt, General Manager, admitted to the violations and said he only became General Manager of Clearwater Toyota on July 18, 2005. Mr. Hall said Mr. DeWitt has been cooperative and the violation have been corrected. He requested the Board make a declaration of violation without penalty. In response to a question, Mr. Hall said a repeat violation can be declared if the same violation occurs within a five-year period. Member Martin moved that this case came before the City of Clearwater Code Enforcement Board on July 27, 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 the auto dealership erected large signs without permits and excessive number of flags where only three were allowed, which are violations of the Community Development Code; however, it is further evident that this condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) Car Clearwater was/were in violation of the City of Clearwater Code Section(s) as referred 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 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 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. Assistant City Attorney Bryan Ruff submitted City composite Exhibit 1 and Exhibit 2 - photographs of the property. motioncarried The was duly seconded and unanimously. D. Case 24-05 Jerry J, & Kristi L Cramer 1851 Overbrook Ave Exterior Surfaces - Ruud Ms. Diana reported service on the notice of hearing had been obtained by certified mail. Code Enforcement 2005-07-27 3 Inspections Specialist Alan Ruud said the property was in compliance. He requested the Board make a declaration of violation without penalty. Ms. Iurato said, since the Respondent is not present and has no representation, the City needs to present their case before the Board. Mr. Ruud provided a power point presentation. He cited applicable sections of the Code regarding exterior surfaces. Ownership was verified through the Property Appraiser’s office. He reported he initially inspected the property on July 6, 2004, and issued a Notice of Violation on October 21, 2004. He spoke to the property owner on March 28, 2005, and informed him of pending Municipal Code Enforcement Board action. Mr. Ruud said exterior surface areas need to have all rust, peeling paint, stains, and mildew removed, and surfaces painted. He recommended compliance within 30 days from today’s date or a $250 per day fine be imposed for each day the violation continues to exist. Mr. Ruud submitted City composite Exhibit 1 and Exhibit 2 - photographs of the property. Member Williams moved that this case came before the City of Clearwater Code Enforcement Board on July 27, 2005, after due notice to the Respondent(s), and having heard 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 the exterior surface of the building is not being maintained which is in violation of the Community Development Code; however, it is further evident that this condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) as referred 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 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 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. Code Enforcement 2005-07-27 4 2. UNFINISHED BUSINESS A. Case 08-05 - Affidavit of Compliance William J & Mary A Moran 1390 Gulf-To-Bay Blvd Portable & Vehicle Signs – Fox B. Case 16-05 – Affidavit of Compliance Dennis A. & Nettie L. Holt Tre 2760 Northridge Dr E Tree Removal Permit - Kurleman C. Case 17-05 – Affidavit of Compliance Fredrich & Yvonne Ulfers 761 Bruce Ave Storage/Lot Clearing - Phillips D. Case 18-05 – Affidavit of Compliance James R Ficken Tre Clearwater Res Trust 1608 N Osceola Ave Roof Maintenance & Exterior Surfaces – Ruud E. Case 33-99 – Affidavit of Compliance Melvin Spinoza 1632 Drew Street Building Permit - Chianella Member Keyes moved to accept the Affidavits of Compliance for Cases 08-05, 16-05, motioncarried 17-05, 18-05, and 33-99. The was duly seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Request for Reconsideration Case 20-05 Thomas C Jessup & Dorothy J Jessup 1770 Drew Street Portable Storage Unit – Parra Ms. Diana said reconsideration of the Board’s Order of June 22, 2005 is being requested. The Respondents were not present and had no representation at the last meeting. The representative indicated there was a misunderstanding regarding the June hearing date. Mr. Hall stated the violation involves a portable storage unit. Ms. Diana said the owners are scheduled to appear before the DRC (Development Review Committee) on August 3, at which time the DRC will determine if their application is sufficient to go to the CDB (Community Development Board). Mr. Hall said staff is not opposed to the request for reconsideration. Member Williams moved to grant the request for reconsideration of the case to be heard motioncarried at the August 24, 2005, meeting. The was duly seconded and unanimously. Code Enforcement 2005-07-27 5 . 4. NEW BUSINESS Consensus was to schedule a workshop immediately following the August meeting. 5. NUISANCE ABATEMENT LIEN FILINGS Emily M Estrada 1130 Queen St Ennis, Alfred Sub Lots 6 & 7 PNU2005-00401 McNeil Land Trust 1530 Carmel Ave Smith's, Leona Sub Blk B, Lot 8 $581.00 PNU2005-00246 George D Long 1008 Pine St Magnolia Park Blk 23, Lot 20 $275.00 PNU2004-01477 $312.50 Member Keyes moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - June 22,2005 . Member Keyes moved to approve the minutes of the regular meeting of June 22, 2005, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:25 p.m. Attest: h~~ secr~ the Board . Code Enforcement 2005-07-27 6