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04/25/2007 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER April 25, 2007 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Kelly Wehner Board Member Richard Adelson Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Absent: Richard Avichouser Board Member Also Present: Leslie Dougall-Sides 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 286.0107 requires any party appealing a decision of this Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. Case 76-06 – Contd. from 11/23/06, 1/24/07, 2/28/07 First Fed Trust Service Inc, TRE 1512 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud This item was continued by staff to May 23, 2007. B. Case 77-06 – Contd. from 11/23/06, 1/24/07, 2/28/07 First Fed Trust Service Inc, TRE 1508 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud This item was continued by staff to May 23, 2007. C. Case 10-07 Athena Capital Partners Inc. Douglas J Weiland Elizabeth C. Sirna 3281 Landmark Drive Occupational License – Shawen Code Enforcement 2007-04-25 1 Cases 10-07 and 11-07 were heard together. Attorney for the Board Andy Salzman reported he had a conflict of interest regarding Cases 10-07 and 11-07, and recused himself. Representative Steve Rogers admitted to the violation. Development Services Manager Bob Hall said Cases 10-07 and 11-07 relate to business tax receipts. The property owner is operating two businesses out of a residential property. He is constructing an office, which should be completed by June 1, 2007. Staff supports a compliance date of June 15, 2007, to halt operations at the residence or a $250 fine per day per case be imposed. Mr. Rogers stated the June 15, 2007 compliance date was acceptable. Attorney Dougall-Sides submitted City composite exhibits. Member Keyes moved this case came before the City of Clearwater Code Enforcement Board on April 25, 2007, 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 a business is being operated at a residential property without first obtaining an occupational license. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section 29.30(1) 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 29.30(1) of the City of Clearwater Code by June 15, 2007. If Respondent(s) does/do 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 Dee Shawen, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. Code Enforcement 2007-04-25 2 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. AND D. Case 11-07 JES Properties Inc. Douglas J Weiland Elizabeth C. Sirna 3281 Landmark Drive Occupational License – Shawen Member Keyes moved this case came before the City of Clearwater Code Enforcement Board on April 25, 2007, 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 a business is being operated at a residential property without first obtaining an occupational license. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section 29.30(1) 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 29.30(1) of the City of Clearwater Code by June 15, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 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 Dee Shawen, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. 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 Code Enforcement 2007-04-25 3 execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. motion carried The was duly seconded and unanimously. E. Case 12-07 Gentian Kraja & Alma Kraja 611 S. Highland Avenue Vehicle Sales in Residential District – Franco Property owner Gentian Kraja admitted to the violation. Mr. Hall said this is a repeat violation for illegal vehicle sales in a residential district. The owner was notified of the violation. Staff photographs date from January 27 to March 16, 2007. At $250 per day, fines total $12,500. He said Mr. Kraja had reported difficulties with previous tenants who created the problems. Staff supports a $5,000 fine if paid within 60 days. Attorney Dougall-Sides submitted City composite exhibits. Mr. Kraja requested 90 days to come into compliance. He said he had moved and did not receive the previous notice of violation. He said vehicle sales at the property had occurred without his consent or knowledge and since has remedied the situation. Member Daniels moved this case came before the City of Clearwater Code Enforcement Board on April 25, 2007, 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 as follows: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that continual vehicle sales in a residential district was occurring. CONCLUSIONS OF LAW The Respondent(s) was in violation of the City of Clearwater Code Section 1-104.B as referred in the Affidavit in this case and was/were previously found to have violated the same provision as reflected in the City’s documentation, and therefore, has committed a repeat violation. ORDER It is the Order of the Board that the Respondent(s) shall continue compliance with Section 1-104.B of the City of Clearwater Code. It is also the Order of the Board that the Respondent(s) shall pay a reduced fine of $5,000, if paid within 90 days of the date this Board’s Order is sent certified mail to the Respondent(s); or pay the full fine of $12,500 if not paid within the 90 days. Should the violation reoccur, the Board has the authority to impose a 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 Code Enforcement 2007-04-25 4 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. 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. motion carried The was duly seconded and unanimously. F. Case 13-07 Natalie P. Howard 1366 Tioga Avenue Landscaping, Exterior Storage - Ruud Inspection Specialist Alan Ruud provided a PowerPoint presentation. He said these repeat violations are for exterior storage and required landscaping. On November 29, 2006, the MCEB (Municipal Code Enforcement Board) found this property in violation. After corrections were made, an Affidavit of Compliance was issued on January 3, 2007. During an April 2, 2007, inspection, the same violations were found, with auto parts, chairs, etc. scattered across the front yard, which no longer has a lawn. Staff advised the owner she would incur a fine if violations were not corrected. Mr. Ruud recommended a $150 per day fine per violation for noncompliance beginning April 2, 2007, the date repeat violations were discovered. Attorney Dougall-Sides submitted City composite exhibits. Member Campbell moved this case came before the City of Clearwater Code Enforcement Board on April 25, 2007, 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 as follows: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that exterior storage of trailer, auto parts, and other items is occurring and the front yard landscaping has not been maintained. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Code Sections 3-1502.G.1 and 3-1502.H.H as referred in the Affidavit in this case and was previously found on November 29, 2006, to have violated the same provisions, and therefore, has committed a repeat violation. ORDER It is the Order of the Board that the Respondent shall comply with said Sections 3- 1502G.1 and 3-1502.H.H of the City of Clearwater Code immediately. It is also the Order of the Board that the Respondent(s) shall pay a fine of $300 per day commencing on April 2, 2007, and continuing for each day the violation continues to exist. Upon complying, the Respondent shall notify Inspector Alan Ruud, who shall inspect the property and notify the Board of Code Enforcement 2007-04-25 5 compliance. Should the violation reoccur, the Board has the authority to impose a 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. 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. motion carried The was duly seconded and unanimously. G. Case 14-07 George T. Bleasdale – Clearwater Muffler & Brake 1216 N. Ft. Harrison Grass Parking, Parking Lot Surfaces - Collins This item was continued by staff to May 23, 2007. H. Case 14-07 George T. Bleasdale – Clearwater Muffler & Brake 1216 N. Ft. Harrison Grass Parking, Parking Lot Surfaces - Collins This item was continued by staff to May 23, 2007. 2. UNFINISHED BUSINESS A. Case 57-06- Affidavit of Compliance Enchantment LLC 970 S. Gulfview Blvd. Real Estate Signage – Weaver B. Case 58-06 Affidavit of Compliance Louis Acevedo, Yield Development LLC 1749 Drew Street. Grass Parking– O’Neil C. Case 73-06 – Affidavit of Compliance Raquel Hetzel 1469 Grove Street. Permits/Inspection – Wright D. Case 82-06 – Affidavit of Compliance Frederick Singletary 1349 N Highland Ave. Code Enforcement 2007-04-25 6 Outdoor Display/Storage Exterior Storage– O’Neil E. Case 05-07 – Affidavit of Compliance George R Valone Janice L Valone 1261 S Ft. Harrison Ave. Signs - Weaver F. Case 06-04 – Affidavit of Non-Compliance Martha A Drain 1361 S. Martin Luther King Jr. Ave. Development Coder – Ruud This item was continued by staff to May 23, 2007. G. Case 07-07– Affidavit of Non-Compliance O & P Investments of Tampa, Inc. 1225 S. Highland Ave. Development Coder – Franco Member Keyes moved to accept the Affidavits of Compliance for Cases 57-06, 58-06, 73-06, 82-06, and 05-07, and the Affidavit of Non-Compliance for Case 07-07, and to issue the motion carried Orders imposing the fine. The was duly seconded and unanimously. H. Case 32-06 – Affidavit of Non-Compliance Jozef Bogacki 1451 Cleveland Street Property Maintenance – Espinosa This item was continued by staff to May 23, 2007. I. Case 33-06 – Affidavit of Non-Compliance Jozef Bogacki 1455 Cleveland Street Property Maintenance – Espinosa This item was continued by staff to May 23, 2007. J. Case 34-06 – Affidavit of Non-Compliance Jozef Bogacki 1454 Park Street Property Maintenance - Espinosa This item was continued by staff to May 23, 2007. K. Case 35-06 – Affidavit of Non-Compliance Jozef Bogacki 15 S. San Remo Property Maintenance – Espinosa This item was continued by staff to May 23, 2007. Code Enforcement 2007-04-25 7 3. APPROVAL OF MINUTES - February 28,2007 Member Campbell moved to approve the minutes of the regular meeting of February 28, 2007, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 4. ADJOURNMENT The meeting adjourned at 3:23 p.m. I Code Enforcement Board Attest: ~,~ Secret the Board Code Enforcement 2007-04-25 9