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02/28/1990 (2) '. .'" . " I ." " ~.... , ,'. /'. ~: r-- , , ' .,' ,\ ., " .. 't...._ ~..... 1 ,,' '" ',.1 ~~, ~' ~ r F I ',r,"tloJ;'t... j./... " ~...;, . I."' .;!\. ." ':,'. .; ;:, ", ;,' . i"~:~~t) !.~f: \:.~trf.f~'t~t~1f.t~~~;~~~,/j~:~~:~~tf't"L.;:::r~}!"lfSV#~~~ ,,' .:D;..~.::). ~:.;~, ~:.~:.":...:... "'.:. ,,: ':':'~::.J,'. :...\~,{:,~~ r.<.l'~~:... ~,)~l!r \.}t'Lfl'" " ..> ;~ " o Mr. Murray moved that concerning Case No.1 of Public Nuisance Clearing list 90-2-2 regarding violation of Sections 95.04(a) & (b) of the Clearwater City Code on property located at about 1118 Sunset Pt. Rd. a/k/a Sunset Point Replat, lots 26 & 27, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of Februarv, 1990, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of law, and Order. The Findings of Fact are: after hearing testimony of Vicki Niemiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and the accumulation of debris at the above address. . , ,! .1 The Conclusions of Law are: Thelma A. Dingman in violation of Sections 95.04 (a) & (b). o It is the Order of this Board that Thelma A. Dingman shall comply with Sections 95.04(a) & (b) of the Code of the City of Clearwater within 10 days (3/10/90). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Thelma A. Dingman. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinel1as County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Thelma A. Dingman shall notify Vicki Niemiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. Done and Ordered this 28th day of February, 1990. Case No. 12-90 Benjamin J. Zukowski 2040 Gentry St (Fire Code) Economy Burglar Bars Inc. 2040 Gentry St (Fire Code) Ph ill ip Tretter 2040 Gentry St (Fire Code) The Secretary informed the Board a memorandum was received from the Inspector requesting a 60 day continuance regarding the above referenced cases as work is in process to bring the property into compliance. Case No. 7-90 Case No. 8-90 6)' '-' ,',. '.J' Mr. Cardinal moved to continue Case Nos. 7-90, 8-90 and 12-90 for 60 days. The motion was duly seconded and carried unanimously. 2. .' ,,;-t~. ,;;," 'I r "'.. ""...,~~. '~t.j~\ . t't'" .~~. ..' t~~~~~~~_M-' !~(\''.~Cl... ~~.clii.;\)l ~~..\it.:~~:tt~~il~~~~;;, o Case No. 9-90 Robert Cole, Reg. Agent (Lord Byron Enterprises Inc.) 1295 Cleveland St (Occupational License) Comp Hed prior Case No. 11-90 Wayne Taylor 503 Cleveland St (Occupational License) Complied prior Case No. 13-90 Ray B. Foster 2116 Sunnydale Blvd, #B (Occupational License) Complied prior Case No. 14-90 Action Business Buyers Network Inc. 611 Dru id Rd E (Occupational License) Complied prior Mr. Cardinal moved to withdraw Case Nos. 9-90, 11-90, violations have been corrected. The motion was duly unanimously. 13-90 and 14-90 as the seconded and carried o Case No. 10-90 Robert Edwards 2600 McCormick Dr (Occupational license) The Assistant City Attorney requested continuance of this case as the alleged violator has shown a cancelled check in payment of an occupational license and the Inspector wi shes to tlv,~~sti gate further. Mr. Cardinal moved to continue Case No. 10-90 to a date at the discretion of the Inspector. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 6-90 Lokey Motor Company 1220 US 19 S City Attorney's request to rehear Board's order Mr. Aude abstained from partaking in the proceedings of this case due to a conflict of interest. Discussion ensued regarding the reason for the request, and it was stated the City feels it would have a stronger case if the order of the Board is rephrased. ~ ~ Mr. Cardinal moved to rehear arguments from the City and violator for possible rewording of the Board I s order. The ~tion was du ly seconded and carried unanimously. 3. , " \", "[S"". .' .'.'., .' , " , . " ." . ," " p ," ..~ ,';: ,p '1" " , ," ," .' r' '" , ".,.' ~" ~)'f:~~~*~"'I' f;.;.-4,vii';''I.1'J.:; ""<l~.t" .~ 'I ;'-".t<~~...... " 1-/,' t.: '.")'. . ~ '.. ~' . . , , t:~~~,~~t'~r~:\t:f{~~'rJ~(;~~,?:.~:~~~;~:;~:.~~~~1~~;:~~~-;;:':r)~:::~~;'N:~~~~~iI~~~f1~~#~~f~!#Z';t!?4~;~~~!'>Ir.J"" '.~:J<_:."/'~:' . .'~:\,., '.1<" .~ . y' ~ ""'''~':'~'_''~''~''.J.\;.::}'t,r.v",\,...""}:~,'",~"jJ,,.,(;::.,Y..:....::~......\.-;. ,.:);.-1:'~""'~\'.;.'vWil~l,....;;;.; o Mr. Murray moved to accept the Affidavit of Compliance in Case No. 184-85. The motion was duly seconded and carried unanimously. Jeralne Burt (Building Code) 816 N. Betty Ln Affidavit of Compliance Case No. 76-86 It was stated the required work was performed by October 24, 1986 to the Inspector's satisfaction to bring the property into compliance. Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 76-86. The motion was duly seconded and carried unanimously. David & Virginia Chilcote (Development Code) 1478 Plateau Rd Case No. 77-86 The Secretary to the Board stated a lien has been filed, however the City cannot foreclose as the property is homestead. No action was taken. Einstein Boykins (Building Code) 1028 N. Missouri Ave Case No. 81-86 Affidavits of Compliance were submitted by the Inspector regarding Parts one and two of the Board's order of October 8, 1986. o Mr. Wyatt moved to accept the Affidavits of Compliance in Case No. 81-86. The motion was duly seconded and carried unanimously. Case No. 83-86 Einstein Boykins (Life Safety Code) 1115 N. Greenwood Ave It was stated the property's use has changed from a restaurant to a church. Consensus of the Board was for the Inspector to issue an affidavit of compliance and to inspect the existing use for compliance with the Code. 10-87 Peter Martin (Occupational License) " 825 Court St Case No. Case No. 17-87 Hank Freeman (Life Safety Code) 1707 N. Ft. Harrison Ave Compliance has been reached and liens filed in Case Nos. 10-87 and 17-87. No further action was taken. Case No. 119-87 Case No. 147-87 Jeralne Burt (life Safety Code) Jeralne Burt (Building Code) 1113 Tangerine St The Secretary to the Board stated compliance has not been reached and the Board has directed foreclosure in Case Nos. 119-87 and 147-87. QED"",.' ~ " ~ . .1. ' 5. ,;., .' '~.; ~' i, r r- ,~ I. , . 'f' 'i' : ,- , ., ..:-....:.~...l'l' '.' <.~ : .'...,' '_ o In response to questions, Tom Chaplinsky, Building Inspector, stated some repairs have been made which may bring the property out of the unsafe condition, but all repairs as stipulated by the Building Dept. have not been completed. He stated he has not seen the property lately and is not sure if a hazard still exists. The Attorney for the Board stated the order of the Board was for compliance with Section 138.02 of the Code and, if there is no longer an unsafe condition, an affidavit of compliance is required. Consensus of the Board was to direct the Inspector to reinspect the property. Case No. 143-87 Roberto DiGiovanni (Development Code) 1330 Young Ave The Secretary stated one payment of $100 had been made by Mr. DiGiovanni. She suggested she be allowed to work with the City Attorney to develop a letter to be sent stating the City would accept installments to payoff the fine. Consensus of the board was to send a letter. " ' " ' Case No. 170-87 Donald Bossey/Mary Eisenbise (Life Safety Code) 808 E. Druid Rd It was stated the property has new owners who are correcting the violation. The Secretary requested the Board give general direction to Inspectors to issue affidavits of compliance when property is brought into compliance through change ~ of use or new ownership. Consensus of the Board was to do so. Case No. 172-87 Robert Smiley/City Auto Sales Inc. (Occupational License) 833 Cleveland St The Building Inspector stated upon inspection for a certificate of occupancy, he found building code violations which prohibited the issuance of a license. He stated Dimmitt is the owner and has since had the building demolished. Mr. Smiley's operation was moved to another location and he did obtain a license. Consensus of the Board was to try to collect the fine. 9-88 Nostimo, Inc. (Building Code) 32 Bay Esplanade An affidavit of compl iance was submitted by the Inspector. It wa-s stated the property is leased to Pick Kwik, the building in violation has been demolished and a new building is being constructed. Case No. Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 9-88. The motion was duly seconded and carried unanimously. '.\" ~ V 6. 'pT" , ' c . '. . , ' , , , , ,. ' ,,' ,.....' ~ ~, '. " . -..,;. ,r- ..r- ~ (, t i' "1:~~P~;~:~ ~ ~~ ).~~~~:~..' ;~;~: ;:\7:~::~j}~ ~-:~Xty :..~~~~~ ~;~!>~': t::~;! ~ t! :>-; _:\; t::-;;~ .~.: r:: ".:: rt'~"~::'.:i" 7 ~ ~'~~~.- '. : /,~~?/:'~~~ ~ ~ :,'f~~ ,\_~.l: ;:f.:~,~:::::.:t/,:: :"{~~.f::;':~~:~ .',~,~t~.~s:::<~" ~',?,~~~=,:'?'7' ~~~:-::" 'c'," ,~~'~~. FORM 88 MEMORANDUM OF VOTING COt'IFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LMir NAME-FIRST NAM!;-Mll>llll: NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE , ,I. I I j I I ~ude, Robert J. r lLlN<'; l\OlJlt~SS ~1719 Brentwood Drive CITY Clearwater DAlE ON WHICII VOl I: on:URREO February 28, 1990 i' ELECTIVE X I APPOINTIVE ('OUNTY lIDNICIPAL CODE ENFORCEl1ENT BOARD Ill!; HOARD. ('DUNC.L COMMISSION. AUTHORITY, OR COMMITTEE ON WIiI<.'H t SERVE IS A UNIT OF: 'X ('II Y : ' CllUNl Y I ! OIHl::R I.OCAl A(iENCY NAMl! m POll'fICAl. SUlll)lVISION: Pinellas MY PUSII ION IS: WHO MUST FILE FORM 88 , , , "" I .1 ':1 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council. commission, authority, or committee, It applies equally 10 members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Sectiull 112.3143, Florida Statutes, The requirements of this law are mandatory; although Ihe use of this particular form is not required by law, you are encouraged to us~ it in making the disclosure required by law, Your responsibilities under Ihe law when faced with a measure in which you havc a conflict of interest will vary greatly depending on whether you hold an elective or appointive posilion. For this reason, please pay close allention 10 the instructions on this form before completing Ihc reverse side and filing I he form, I INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES D.ECTED OFFICERS: I i A person holding electivc county, munkiral, or other local rublic ornce !vi UST A BSTA I N from vOling on a measure which inures 10 his spt:cial private gain. Each local officer also is prohibited from knowingly voting on a measure which inures lO the special gain of a principal (other than a government agency) by whom he is retaincd, In eilhcr case, YOll should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating tll the assembly the nature of your interest in the measure on which you are abstaining from voting; and \\.'ITH IN 15 DAYS AFTER THE VOTE OCCURS by cOlllpleting and filing this form wilh the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which'inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a mailer in which he has a conflict of interest, bUI must disclose Ihe nature of the conflict before making any attempt to influence Ihe decision by oral or written communication, whether made by the 0 fficer or at his direct ion. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE ~IEETING AT WHICH THE VOTE WILL BE TAKEN: · 'tau should complete and file Ihis form (before making any attempl 10 influence the decision) with the person responsible for c;:;yecording the minutes of the meeting, who will incorporale the form in t he minutes. · A copy of the form should be provided imlnediately to lhe olhcr members of the agenc}'. · The form should be read publicly at the meeting prior to consideration of lhe matter in which you have a conflict of interest. I 'flll\l oil III,"" ',. \..'. \- ~..., ~ ,'" . '. I PAGE I ... ~ ~ . __t_If_~___ ~._--~..... ... IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form anJ file it within 15 days after the vote occurs with the person responsible for recording the minutes of lhe meeting, who should incorporate the form in l~e minules, DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. Robert Aude hereby disclose thai on February 28 . 19 90 (a) A measure came or will corne before my agency which (check one) inured to my special private gain; or -X- inured 10 the !;pecial gain of Lokey Notor Company . by whom I am retained. (b) The measure before my agency and Ihe nature of my inlerest in the nleasure is as follows: LOKEY MOTORS IS CLIENT OF BOARD HmmER"S FIID1. .. '\ 'J ~ s;g/{:)AtL 1(l7~ 1~.___. Date Filed ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~IIZ.3I7 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000.