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09/26/2007 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 26, 2007 Present: Douglas J. Williams Chair Kelly Wehner Board Member Richard Adelson Board Member David W. Campbell Board Member Absent: Jay Keyes Vice-Chair Richard Avichouser Board Member Ronald V. Daniels Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Patricia O. Sullivan 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 21-07 – Cont’d from 8/22/07 Augustine Patel 1104 Carlton & 1405 N. Martin Luther King Jr. Ave. Property Maintenance, Exterior Storage – Collins This item was continued by staff to October 24, 2007. B. Case 30-07 – Cont’d from 8/22/07 Leeward J & Catherine K Bean 1874 Gulf-to-Bay Boulevard Signage w/o Permit & Vehicle Signs – Weaver Staff is requesting this item be continued to the next meeting as the requested documentation has not been received. Member Campbell moved to continue Case 30-07 to October 24, 2007. The motion was duly seconded and carried unanimously. Code Enforcement – 2007-09-26 1 C. Case 32-07 E & A Inc. 731 Bayway Boulevard Signage w/o Permits, Window/Sandwich Board Signs – Weaver Elias Anastasopoulos, Respondent, admitted to the violation and indicated the violations have been corrected . Inspector Mary Jo Weaver said the property is in compliance. Assistant City Attorney Leslie Dougall-Sides submitted City composite exhibits. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on September 26, 2007, 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, and an admission of guilt by Respondent, it is evident signs were erected without permits and excessive window signs and prohibited portable and sandwich board sign existed on the property; however, it is further evident these conditions were corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 4- 1002, 3-1805.Q, and 3-1803.I 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 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. The motion was duly seconded and carried unanimously. Code Enforcement – 2007-09-26 2 D. Case 33-07 Clearwater Village Sue & David Minkoff TRE 708 Chestnut Street Windows – DeBord Bud Reichel, representative, admitted to the violation. Development Services Manager Bob Hall said the violation relates to boarded-up windows. Mr. Reichel said the new windows could be installed within 47 days and requested 60 days to bring the property into compliance. Mr. Hall recommended the property be brought into compliance by December 1, 2007, or a $150 per day fine be imposed. Attorney Dougall-Sides submitted City composite exhibits. Member Campbell moved that this case came before the City of Clearwater Code Enforcement Board on September 26, 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, and an admission of guilt by Respondent’s Representative, it is evident the windows of the building are boarded up and have not been maintained. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1502.C.3 as referred 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 by December 1, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150.00 (One hundred-fifty dollars) for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Richard DeBord, 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 – 2007-09-26 3 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. The motion was duly seconded and carried unanimously. E. Case 34-07 Egg Platter III Inc. 19042 US Highway 19 N Vehicle Display, Public Nuisance Condition, Signs – Franco The Respondent had no representation. Inspector Peggy Franco provided a PowerPoint presentation. Violations at 19042 US Highway 19N relate to the display of vehicles for sale in a lot not approved for that use, an abandoned building declared a public nuisance, and an abandoned sign. The initial inspection was done on September 29, 2006, and the notice of violation was issued on May 3, 2007. Additional inspections took place on November 12, November 28, and December 2, 2006, and January 13, March 21, April 29, May 1, May 14, July 15, July 21, August 9, September 2, and September 13, 2007. The site was posted with a private property notice of violation sticker on August 9 and September 2, 2007. Photographs taken on the inspection dates indicate a variety of vehicles displayed for sale, and significant debris and mattresses related to transient use. After an April 12, 2007, message from the property’s Realtor, Mark Ceraolo, the graffiti was covered, but no other violations were corrected. Inspector Franco recommended the property be brought into compliance by October 17, 2007, or a $250 per day per violation fine be imposed. Attorney Dougall-Sides submitted City composite exhibits. In response to questions, Ms. Franco said no vehicle has remained on site long enough to be towed. The property, which could be barricaded, is located near Morningside and requires significant police attention. Attorney for the Board Andy Salzman said the property owner is responsible for securing the property. Mr. Hall said the site is an unattractive public nuisance that decreases nearby property values. The property owner has been non responsive. Member Wehner moved that this case came before the City of Clearwater Code Enforcement Board on September 26, 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, (Respondent was not represented), it is evident vehicles are being displayed, a public nuisance condition exists and a freestanding sign is in an abandoned condition at the subject location. CONCLUSIONS OF LAW Code Enforcement – 2007-09-26 4 The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1-104.B, 3-915.B, 3-1503.B.2, 3-1503.B.1, and 3-1803.A as referred 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 by October 17, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 (Two hundred fifty dollars) per violation for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Peggy Franco, 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 execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. The motion was duly seconded and carried unanimously. F. Case 35-07 Florence Panteles 1501 S. Ft. Harrison Avenue Exterior/Parking Lot Surfaces – Ruud This item was continued by staff to October 24, 2007. G. Case 36-07 Kenneth & William J. Shea Ronda Renee & Martin R Sherman 1107 Engman Street Outdoor Display/Storage, Ext Surfaces, Windows, Lot Clearing, Landscape – Ruud Cases 36-07 and 36-08 were heard together. Shane Dillinger, representative, admitted to the violations for Cases 36-07 and 36-08. Staff reported the properties are in compliance. Code Enforcement – 2007-09-26 5 Attorney Dougall-Sides submitted City composite exhibits. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on September 26, 2007, 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, and an admission of guilt by Respondents’ Representative, it is evident property maintenance and landscaping requirements were not being met and goods and materials were being stored and/or displayed on the property; however, it is further evident 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) 3- 912, 3-1502.B, 3-1502.C.1, 3-1503.B.7, 3-1204.B, and 3-1502.H.2 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that a fine not be imposed against the Respondents(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 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. 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. The motion was duly seconded and carried unanimously. H. Case 37-07 Kenneth & William J. Shea Ronda Renee & Martin R Sherman 1111 Engman Street Outdoor Display/Storage, Exterior Surfaces, Lot Clearing, Landscape – Ruud See pages 5 and 6 for background. Code Enforcement – 2007-09-26 6 Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on September 26, 2007, 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, and an admission of guilt by Respondents’ Representative, it is evident property maintenance and landscaping requirements were not being met and goods and materials were being stored and/or displayed on the property; however, it is further evident these conditions were corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 3- 912, 3-1502.B, 3-1503.B.7, 3-1502.H.2, and 3-1204.B as referred to in the Affidavit in this case. ORDER It is the Order of this Board that a fine not 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 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. 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. The motion was duly seconded and carried unanimously. 2. UNFINISHED BUSINESS A. Case 28-06- Affidavit of Compliance Pamela Sylvia 1505 Laura Street Unsafe Notice – Wright See page 9 for motion to accept. Code Enforcement – 2007-09-26 7 B. Case 62-06 - Affidavit of Compliance Gulf Direct Development LLC 116 N. Evergreen Avenue Unsafe Notice – Wright See page 9 for motion to accept. C. Case 04-07 - Affidavit of Compliance Gulf to Bay Holdings, LLC 901 N. Hercules Avenue Suite C Signs – Weaver See page 9 for motion to accept. D. Case 17-07- Affidavit of Compliance Donald C. Brown 2090 N. Keene Road Development Code & Business Tax Receipt – O’Neil See page 9 for motion to accept. E. Case 23-07- Affidavit of Compliance Florence Panteles 1721 Penny Lane Portable Storage Unit – Ruud See page 9 for motion to accept. F. Case 76-06 – Affidavit of Non-Compliance Gratoor Investments LLC. 1512 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces - Ruud AND G. Case 77-06 – Affidavit of Non-Compliance Gratoor Investments LLC. 1508 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces - Ruud Gratoor Investments LLC representative said in July 2007, City staff told them what needed to be done to bring the properties into compliance. He reviewed their efforts but said money issues prevented them from completing their work or razing the structures before today. He requested a 30 to 60 day time extension to complete the demolition. Mr. Hall said the property owners had not met their commitments. They did not own the property when the fine was initiated. Attorney Salzman said the board could not extend the time period, but could continue acceptance of the affidavits of non-compliance. Code Enforcement – 2007-09-26 8 Member Campbell moved to continue Cases 76-06 and 77-06 to October 24, 2007. The motion was duly seconded and carried unanimously. H. Case 19-07 – Affidavit of Non-Compliance Magdaleno A. Iraheta 1628 Harvard Street Outdoor Display/Storage & Exterior Storage – O’Neil See below for motion to accept. I. Case 24-07 – Affidavit of Non-Compliance Alice Monroe 2468 Timbercrest Circle W Public Nuisance, Lot Clearing, Fences - Phillips Member Campbell moved to accept the Affidavits of Compliance for Cases 28-06, 62-06, 04-07, 17-07, and 23-07, and the Affidavits of Non-Compliance for Cases 19-07 and 24-07, and to issue the Orders imposing the fine. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 03-07 – Address Board re Fine Reduction Real Global Investments LLC (Sweetwater’s) 2400 Gulf-to-Bay Boulevard Signs, Exterior Surfaces, Public Nuisance - Franco (Fine - $17,250) Falah Tabahi said the discovery of asbestos had delayed work to raze the structure and bring the property into compliance before the deadline. He requested a reduction of the fine. Mr. Hall said staff has spent significant time working with Mr. Tabahi since he purchased the property two years ago. Mr. Tabahi did not meet the deadline imposed by this board. Permits were not pulled in a timely manner. Since the building was razed, the property has not been maintained. Mr. Hall opposed a fine reduction. Ms. Franco said nearby residents contact the City often, expressing anger about maintenance issues. Mr. Hall said the City expends significant resources contacting Mr. Tabahi before he resolves these ongoing property maintenance issues. Mr. Salzman reported that administrative costs total $1,416.80, to this point. Discussion ensued with a suggestion that before the board considers a fine reduction, the item be continued to see if the property owner maintains the property. Mr. Tabahi said he planned to start construction on his restaurant in six months. Mr. Salzman said if problems persist, the board could consider that when considering a fine reduction. Consensus was for staff to provide an update on October 24, 2007. 4. NUISANCE ABATEMENT LIEN FILINGS: – None. 5. APPROVAL OF MINUTES – August 22, 2007 Code Enforcement – 2007-09-26 9 Member Adelson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of August 22,2007, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 6. ADJOURNMENT: ~ The meeting adjourned at 4:10 p.m. ~W~ Cha Municipal Code Enforcement Board Attest: ~~' Secre 0 the Board Code Enforcement - 2007-09-26 10