Loading...
06/12/1991 (2) . ',' CEB MUNICIPAL CODE ENFORCEMENT BOARD DATE O~ //1.,/1/ d7 -., " -----~ do : ,I 'J ~"..., "'t...!o)-~ ('.,'1 MUNICIPAL CODE ENFORCEMENT BOARD Meeting of June 12, 1991, 3:00 p.m. Agenda Action PUBLIC HEARINGS (At the time a case is heard and date set for compliance the Board shall, at the same time, set the fee to be assessed in case of non-compliance.) Public Nuisance Clearing List 91-06-1 - Case No. 1 - Case No. 2 - Case No. 3 ( ;~ - Case No.4 '-'1".01 - Case No. 5 - Case No. 6 - Case No. 7 Case No. 23-91 Case No. 33-91 Case No. 34-91 MeEB Roger C Ravel/Ray Ulmer vacant lots about 605 Jones St aka Jones Sub of Nicholson, Blk 6 N 1/2 of Lot 6, Lots 7 & 8 Magnum Lease Mtg C0rp 2741 Enterprise Rd aka M&B 21/07, Sec 32/28/16 Robert H/Elaine Wigle 3205 Wessex Way aka lot 60 Countryside Tract 55, Unit 2 Edward/A Sr Ratkewicz 3012 Merrill Ave aka Lot 9, Blk H, Kapok Terrace Sub Fleet Fin Mtg lnc 1700 N Ft Harrison aka Bay View Heights Sub Parcel # 09/29/15/05454/001/0010 Comply within 10 days (6/22/91) Comply within 10 days (6/22/91) Comply within 10 days (6/22/91) Comply within 10 days (6/22/91) Comply within 30 days (7/12/91 ) J Foster Jr/Betty Carter 1725 Apache Trail aka Navajo Park Rev, Blk J, Lot 32-33 Richard H Crance 508 Gilbert St aka New Marymont 1st, Lot 2 Mary G Realty, lnc 490 Mandalay Avenue Continued from 5/22/91 Wladyslaw Bukowski 345 Harnden Drive (Life Safety Code) Grasso, Nicolas/Mary/Joseph 50 Royal Way (Life Safety Code) Comply within 10 days (6/22/91) Comply within 30 days (7/12/91) Contlnued to 7/12/91 Withdrawn Withdrawn 6/12/91 1 ~ Case No. 35-91 Case No. 36-91 Case Ho. 32-91 Case 91-05-1 #1 Lokey Oldsmobile lnc 2355 Gulf to Bay Blvd (Land Development Code) Rainbow Lanes, lnc 1225 S Highland Ave (Land Development Code) UNFINISHED BUSINESS Canterbury Oaks, Inc. Martin Cole, Reg. Agent 2025 Rogers Street Affidavit of ,Compliance Watson Jr. & Mary Grannison 1736 N Washington Ave Affidavit of Compliance OTHER BOARD ACTION NEW BUSINESS MINUTES - Meeting of May 22, 1991 t',~ ~;;;J ADJOURN ~ .' '"',~ ~1CEB 2 Continued to 6/26/91 Comply by 6/19/91 Accepted Affidavit Accepted Affidavit None None Approved as submitted 4 : 15 PM 6/12/91 PUBLIC NUISANCE CLEARING LIST 91/6/1, 06/12/91, f~~ 1. Vacant lots about 605 Jones Street, Clearwater, . Florida. Jones' Sub of Nicholson, alk 6, N 1/2 of Lot 6 & Lots 7 & 8, Parcel ~ 09/29/15/44352/006/0070. Owned by: Roger C. Ravel and Ray Ulmer, Guard Hill Road, Bedford, New York 10506. 2. 2741 Enterprise Road, Clearwater, Florida. M&B 21-07 ',in Section 32-28-;16. Owned by: Magnum Lease Mtg. Corp., 61 Spit:. Brook Road, 'Nashua, New Hampshii~ 03060. 3. 3204 Wessex Way, Clearwater, Florida. Lot 60, Countryside Tract 55, Unit 2, Parcel # 17-28-16-18655-000-0600. OWned by: Wigle, Robert W. and Elaine, General Delivery, South River, Ontario. 4. 3012 Merrill Avenue, Clearwater, Florida. Lot 9, Block H, Kapok Terrace Subdivision, Parcel # 09-29-16-45126-008-0090. Owned by: Ratkewicz, Edward and A. Sr., 1670 Owen Drive, Clearwater, Florida. ' {" " 'l"1;..,9 5. 1 7 00 North For,t Harrison Avenue, Clearwa ter, Florida. Bay View Heights Sub., Parcel # 09/29/15/05454/001/0010. Owned by: Fleet Pin. Mtg. Inc. c/o Donald E. Zeitler, 1779 London Lane, Clearwater, Florida 34616- 4 Vehicles. 6. Entire Lot located Navajo Park Rev. Block J., Lot 32-33 or vacant lot at 1725 Apache Trail. Owned by: J. Foster Jr. & Betty Carter, P.O. Box 743, Lenoir, North Carolina 28645-0743. 7. 508 Gilbert Street, Clearwater, Florida, New Marymont 1st., lot 2, a. k. a. SOB Gilbert Street. Owned by: Richard H. Crance, 508 Gilbert Street, Clearwater, Florida 34625. ~o} ,\ jJ ':~ .~......; . MUNICIPAL CODE ENFORCCMENT BOARD June 12, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude (arrived 3:25 p.m.) William Zinzow D. Wayne Wyatt Louise C. Riley Absent: ' ,John McK i nney (unexcu sed) Also present: Andy Salzman, Attorney for the Board Cynthia E. Goudeau, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 3:00 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within th i rty (30) days of the execut i on of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. PUBLIC HEARINGS Public Nuisance Clearino List 91-6-1 - Case No. 1 Roger C Ravel/Ray Ulmer vacant lots about 605 Jones St aka Jones Sub of Nicholson, Blk 6, N 1/2 of lot 6, Lots 7 & 8 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated the property is overgrown. She first inspected the property May 13th and posted and photographed it May 14, 1991. City submitted composite exhibit A - a copy of the file of record including the legal notice and photographs of the property taken May 14 and June 12, 1991. Ownership wa s ver if i ed throu gh the Py'operty Appra i ser 's off i ce. Ms. Niemi 11 er stated she sent notice of the violation via certified and regular mail, and the certified mail was returned unclaimed. She reinspected the property this morning and the violation still exists. In response to a question, Ms. Niemiller stated this violation occurs each year, and the City ends up having a contractor clear the property. She stated in most cases, the notice comes back unclaimed. MeEB 1 6/12/91 :,,:": ~'.: ~ 't'~ :l " ~ i.tI r .t:: I ..;.l ~:: ~~.' :t-. . ~ .~ :,-, ~r:',,~;:-": ...', . 1,,: ~~: ."': ',..': ;. ~..' ....' I'. ; -~I." ;41,~ -;':1,' 1,:'~: / ~>\'.: ,:"'~~l, ; '";: : : (~.~ ~~~" I') :.: 1.,::: { ':,:r: -! ,'j~ :: \. :.... : ~,~ .:. .1.'.::., ,~.~ r:. .~: ,." r ,,', ~ :.~ ~'J~ 1:', ~ .:~~ 1.",;', /": 1"4 't ~" Discussion ensued regarding the process of fines and collecting charges incurred. It was stated liens are assessed against the property and the City can foreclose on the liens. Mr. Wyatt moved that concerning Case No.1 of Public Nuisance Clearing List 91-6-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 605 Jones St. aka Jonesl Sub. of Nicholson. blk. 6. N 1/2 of lot 6 and lots 7 & 8. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of June, 1991, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, ConclusiQns of law, ~nd Order. The Findings of Fact are: after hearing testimony of Vicki Niemiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including phQtogrftphs af the property and the legal not'ico, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of law are: Roger C. Ravel/Ray Ulmer are in violation of Section 95.04. It is the Order of this Board that Roger C. Ravel/Ray Ulmer shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days. Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessa,'y to remedy the condition, without further notice to Roger C. Ravel/Ray Ulmer. The City Commission may thon 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 Pinellas 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, Roger C. Ravel/Ray Ulmer 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. - Case No. 2 Magnum Lease Mtg Corp 2741 Enterprise Rd aka M&B 21/07, See 32/28/16 No one was present to represent the violator. Geri Doherty, Code Inspector, stated the subject property is a vacant lat. She verified ownership through the records of the Property Appraiser. She stated she sent notice of the violation via regular and certified mail; the regular mail was returned, but the certified mail was accepted. Ms. Doherty stated she first inspected the property March 20th; she posted and photographed it May 3, 1991. City submitted composite exhibit A - a copy of the file of record including a photograph of the property and the legal notice. In response to questions, Ms. Doherty stated the lot is overgrown and undeveloped. She thinks this is the first offense on this property. MCEB 2 6/12/91 tJ. "'\ . I~. , Mr. Wyatt moved that concerning Case No.2 of Public Nuisance Clearing List 91-06-1 regarding violat'ion of Section 95.04 of the Clearwater City Code on property located at 2741 Enterprise Rd. aka M&B 21/07, Sec. 32/28/16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of June, 1991, 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 (Ire: after hearing testimony of Geri Doherty, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including a photograph of the property and copy of the legal notice, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Magnum Lease ~1tg. Corp. is in violation of Section 95.04. It is the Order of this Board that Magnum lease Mtg. Corp. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days. Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such act ion as is necessary to remedy the condit ion, without further notice to Magnum Lease Mtg. Corp. 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 Pinellas 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, Magnum Lease Mtg. Corp~ shall notify Geri Doherty, 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. Robert W/Elaine Wigle 3205 Wessex Way aka Lot 60, Countryside Tract 55, Unit 2 No one was present to represent the violator. - Case No. 3 Geri Doherty, Code Inspector I stated ownership was verified through the records of the Property Appraiser. She sent notice certified mail and the signed receipt was returned. Ms. Doherty first inspected the property May 6th, and posted and photographed it May 7, 1991. She reinspected the property this morning and it is still overgrown. City submitted composite exh"\bit A - a copy of the file of record i nc 1 ud i ng a photograph of the property and copy of the 1 ega 1 not i ce.. In response to questions, Ms. Doherty stated this is a first time offender, and it looks like they are getting ready to develop the property. MCEB . 3 6/12/91 ~,\.;, " ......~.~:., ,...+-.'.t/:~:'''~.!~.'''''r~',7:'~'''.:.l'':'~'L'~;''''-:~'..:,:"",.,:,:~\.:,,'...:'I~'..?:~,: +~:~.p!..,\~~/;:L.,"'~,,_, .:.~~/'.-;:~:.::~: "1.;."J3~~:."J. 't 'I~.':':~"" _:l::~:r:ti":"'~.'~',...:4./:.;:.-".~'i.:.~,.1 .'/:':::,", "I f '\ ';. Mr. Wyatt moved that concerning Case No.3 of Public Nuisance Clearing List 91-6-1 regarding violation of Section 95.04 of the Clearwatel. City Code on property located at 3204 Wessex Way aka Countryside Tract 55, Unit 2, Lot 60, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of June, 1991, 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 Geri Doherty, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including a photograph of the property and copy of the legal notice, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of law are: Robert W. & Elaine Wigle are in violation of Section 95.04. It is the Order of this Board that Robe, t W. & Elaine h'igle shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days. 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 Robert W. & Elaine Wigle. 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 administl~(ltive 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 Pinellas 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, Robert W. & Elaine Wigle shall notify Geri Doherty, 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. ~ Case No. 4 Edward/A Sr Ratkewicz 3012 Merrill Ave aka Lot 9, Blk H, Kapok Terrace Sub No one was present to represent the violator. Geri Doherty, Code Inspector, stated this is an overgrown vacant lot. Ownership was verified through the Property Appraiser's Office; notice was sent certified mail and the signed receipt was returned. The Inspector stated she first inspected the property May 13th and posted and photographed it May 14, 1991. She reinspected the property this morning and the violation still exists. Ms. Doherty stated she has posted this property at least four other times, and this is the first time it has not been cleared prior to the meeting. MCEB 4 6/12/91 Mr. Wyatt moved that concerning Case No.4 of Public Nuisance Clearing List 91-6-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 3012 Merrill Ave. aka Lot 9, blk. H, Kapok Terrace Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of June, 1991, 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 fIeri Doherty, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including a photograph of the property and copy of the legal notice, it is evident that there exists the excessive growth or accumulation of woeds, ul1dergrowth or ather similar plant matBr1als at the above addres.s. The Conclusions of law are: Edward and A. Sr. Ratkewicz are in violation of 3ection 95.04. It is the Order of this Board that Edward and A. Sr. natkewicz shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days. 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 Edward and A. Sr. Ratkewicz. The City Commission may then adopt a Reso 1 ut i on asses sing aga ins t the property on wh i ch remed i a 1 act i on 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 Pinellas 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, Edward/A. Sr. Ratkewicz shall notify Geri Doherty, 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. - Case No. 5 Fleet Fin Mtg Inc 1700 N Ft Harrison aka Bay View Heights Sub, Parcel # 09/29/15/05454001/0010 Janice King, Code Inspector, stated there are four inoperable vehicles on the property. She verified ownership through the property appraiser's office. The legRl notice was sent certified mail, and the signed receipt was returned. She first inspected the property April 29, 1991 and posted and photographed the property May 17, 1991. City submitted composite exhibit A - a copy of the file of record including the legal notice and photographs. Ms. King stated she reinspected the property this morning and the violation still exists. In response to questions, the Inspector stated two of the vehicles are panel trucks and the other two are larger truckst all without tags. One doesn't have a cab. She stated she does not know if they trucks are empty. i ~(';' MCEB 5 6/12/91 . ~..:, . ~.. \ ,;... .~. ~ '. ;.' ',,:~. .,.' .".: '. ~', ~ '..' ';".:? ." ,:' " . ..iF ~ ,I :i ~;. '-= i-"','" I ~ ,\:o': . t :~.'"\: of ..4:' ;; { ~' . ~ ~':', . ',"'-. : '.:,; .' ~', 'i"".(,i :;~;.'. .. ,I: ' ... _ ~.. ~" H" !~'. f;" Fl' .",...: . '....'. ,::' .' '. ~r . ~ .:' ::.:.. '.f1 _ \.:' ','" '1,':. .t.}:,., . .~ .': ,.' .." i . ,': .~r. . \ .,.. "'~: Donald Zeitler, owner of the property, admitted to the violation, stating he is trying to get rid of the trucks and has an advertisement in the paper. He requested an additional 30 days to get rid of them. He stated a year ago he was told by the City he had to empty the trucks, but not get rid of them. Oiscussion ensued regarding the length of time Mr. Zeitler has already been given. The Inspector stated she is agreeuble to an additional 30 days; and that this is the result of a complaint from the homeowner's association. Mrs. Riley moved that concerning Case No.5 of Public Nuisance Clearing List 91-6-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1700 N. Fort Harrison Ave. aka Parcel 9/29/15/05454001/0010, the Municipal Code Enfortemcmt Board has heclrd testimony at the tl,un1clpal Code Enforcement Board heari ng held the 12th day of June, 1991, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findinys of Fact are: aftet hearing testimony of King, Code Inspector, and Donald Zeitler admitting to the violation, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including photographs of the vehicles and copics of the legal notices, it is evident that there exists the accumulation of debris in the form of four inoperable trucks at the above address. The Conclusions of Law are: Fleet Fin. Mtg. Inc. is in violation of Section 95.04. It is the Order of this Board that Fleet Fin. Mtg. Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 30 days. 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 Fleet Fin. Mtg. Inc. 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, Fleet Fin. Mtg. Inc. shall notify King, 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. ....~.. . MCEB 6 6/12/91 - Case No. 6 J Foster Jr/Betty Carter 1725 Apache Trail aka Navajo Park Rev, Blk J, Lot 32-33 No one was present to represent the violator. Rick Rosa, Code Inspector, stated he first inspected the property May 3, 1991 and it is a vacant lot. He verified ownership through the Pinellas County tax rolls; on May 21, he posted and photographed the property and sent legal notice via certified mail. The Inspector stated he reinspected the pl'operty this morning and the violation still exists. City submitted composite exhibit A - a copy of the file of record including the legal notice and photographs. In response to u qunst ion5>, ~1r. Rosa st.ated he did ff;1ceivc the :dgncd certified mail receipt. He stated he does not believe this is a repeat violator. He stated the house shown in the photo is not on the property. Mr. Wyatt moved that concerning Case No.6 of Public Nuisance Clearing List 91-6-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1725 Apache Trail aka Navajo Park Rev., Blk. J, lot 32-33, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of June, 1991, 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 Rick Rosa, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including a photograph of the property and copy of the legal notice, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of law are: J. Foster Jr. & Betty Carter are in violation of Section 95.04. It is the Order of this Board that J. Foster Jr. and Betty Carter shall comply with Sect"ion 95.04 of the Code of the City of Clearwater within 10 days. 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 J. Foster Jr. and Betty Carter. 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 Pinellas 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, J. Foster Jr. and Betty Carter shall notify Rick Rosa, 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. "'\' MCEB 7 6/12/91 ~ ,j '!Jl":.. - Case No. 7 " Richard H Crance 508 Gilbert St aka New Marymont 1st, Lot 2 No one was present to represent the violator. Rick Rosa, Code Inspector, stated he inspected the property April 11, 1991, and there is an abandoned vehicle on the property. He sent notice giving 30 days to comply. He reinspected the property May 13th and the vehicle is still there. Mr. Rosa stated he could not determine the owner of the vehicle, but he did send notice to the property owner, which was returned unclaimed. In response to queGtions, Mr. Rosa said he kn~cked on the door, but no one answers. He reinspected the property this morning and the legal notice has been removed from the automob11e . The veh i c 1 e is in the same spot, but it has been turned around. He stated there are no tags on the car. Mr. Rosa st~tod logill notice was sent certified and regular mail. . In response to questions, the Inspector stated the only remedy the City has is to remove the car as debris. He stated an anonymous complaint regarding the car and overgrown lot was received. Upon inspection, the only violation was the vehicle. Discussion ensued regarding the validity of taking the car, and whether or not it is debris. It was suggested the Board allow 30 days for compliance, and request the Inspector make additional attempts to locate the owner. It was stated the certified receipt has not been returned; therefore, we don1t know if the property or vehicle owner received notice. In response to a question. Mr. Rosa stated he does not know if there is another vehicle in the garage. Mr. Wyatt moved that concerning Case No.7 of Public Nuisance Clearing List 91-6-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 508 (ii 1 bert S1. aka New Marymont 1st, Lot 2, the Nunicipa 1 Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of June, 1991, 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 Rick Rosa, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including a photograph of the property and a copy of the legal notice, it is evident that there exists debris in the form of an automobile without a current tag at the above address. The Conclusions of law are: Richard H. Crance is in violation of Section 95.04. . MCEB 8 6/12/91 ''"''\.". j It is the Order of this Board that Richard H. Crance shall comply with Section 95.04 of the Code of the City of Clearwater within 30 days (7/12/91J. Upon failure to comply within the time specified, the City Manager may authorize the entry upon the propei"ty and such action as is necessary to remedy the condition, without further notice to Richard Crance. 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 shan determine, may be recorded in the Public Records of Pinellas County as other 1 i ens are recorded. I f the owner takes remed i a 1 action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute il lien against the property until paid. Upon complying, Richard Crance shall notify Rick Rosa, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise con~erning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. Case No. 23-91 Mary G Realty, Inc 490 Mandalay Avenue Continued from 5/22/91 Geri Doherty, Development Code Inspector, requested this case be continued to the meeting of July 10, 1991 as attempts are being made to resolve the violation. Mr. Cardinal moved to continue Case No. 23-91 to the meeting of July 10, 1991. The motion was duly seconded and carried unanimously. Wladyslaw Bukowski 345 Hamden Drive (Life Safety Code) Complied prior Grasso, Nicolas/Mary/Joseph 50 Royal Way (Life Safety Code) Complied prior Mr. Wyatt moved to withdraw Cases No. 33-91 and 34-91 as compliance has been obtained. The motion was duly seconded and carried unanimously. Case No. 33-91 Case No. 34-91 Lokey Oldsmobile Inc 2355 Gulf to Bay Blvd (Land Oevelopment Code) Rick Rosa, Development Code Inspector, stated the Code Administrator requested this case be continued to the next regular meeting as he expects the matter will be rectified. Case tlo. 35-91 Mr. Cardinal moved to continue Case No. 35-91 to the meeting of June 26, 1991. The motion was duly seconded and carried unanimously. Mr. Aude abstained from voting on this case due to a conflict of interest. MCEB 6/12/91 9 .,~ ~..II!"~;"_ '.;...:'....;;'~~.:.......?~~;~~:='\.,':.... ..~..,::.'~::.:..' I'~:i.. ..r~.. ::..>,."i.,.."~J..~.......:..~.~:.~,..:....\:~..'.:..;.t,:J:~~r:." '0:: ""'.,' ,""I:~",:^;;, "'~~ I ~. ~:; ',. 't:"":":".> I....... ~.7: ':':~..'.._r.I:'. Case No. 36-91 Rainbow Lanes, Inc 1225 S Highland Ave (Land Development Code) (: 1 No one was present to represent the violator. Rick Rosa, Code Inspector, stated he noticed a portable sign on the property in March. He informed the business owner that a permit was required for the sign, and the permit was acquired March 22nd. On April 23rd, the permit had expired and the sign was still there. At this time, the Inspector noticed the property 10 sign had had a face change; also, a temporary type two feet by four feet wood sign had been installed in front of the building. Mr. Rosa sent notice to the business owner citing all the violations and giving three days in which to comply. Mr. Rosa stated they applied for a variance which was denied by the City Commission on June 6, 1991. He stated two violations still exist - erecting the temporary wooden sign wi thout il perm it and the face change on the po 1 e s i 9" wi thout a permit. In response to questions, the Inspector stated there was no increase in size when the sign was changed; however, any alteration requires a permit. Oiscussion ensued regarding the storm in April and all the sign destruction. Mr. Rosa stated permits would be needed for any repairs in excess of 50% of the dollar value of the sign. He stated a marquis sign would be an exception to the requirement of permits for each change of advertising copy. Discussion ensued regarding the length of time to allow for compliance. The Inspector requested that only two days be allowed. The Attorney for the Board stated enough time to get the order to the violator is required. Mr. Zinzow moved that concerning Case No. 36-91 regarding violation of Section 134.017(a)(1) of the Clearwater City Code on property located at 1225 S. Highland Ave. aka Parcel # 23/29/15/29034/000/0600, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of June, 1991, 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 Rick Rosa, Code Inspector, and viewing the evidence, exhibits submitted: City exhibit A - photographs of the property, it is evident that a face change was made on a pole sign without the requirp.d permit, and that another pole sign has been illegally erected on the property. The Conclusions of Law are: Rainbow Lanes Inc. is in violation of Section 134.017(a)(I). It is the Order of this Board that Rainbow Lanes Inc. shall comply with Section 134.017(a)(1) of the Code of the City of Clearwater by June 19, 1991 by obtaining the required permit for the face change on the one pole sign. and by removing the pole and/or wooden sign which was erected illegally. If Rainbow Lanes Inc. do not comply within the time specified. the Board may order them to pay a fine of $50,00 per day for each day the violation continues to exist. If Rainbow Lanes Inc. do not comply within the time specified, a certified copy of the Order imposing '~L. MCEB 10 6/12/91 the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Rainbow Lanes Inc. shall notify Rick Rosa, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Any aggrieved party may petition the Board to reconsider or rehear any Board order resulting from a Public Hearing. A Petition far 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. : UNFINISHED BUSINESS Canterbury Oaks, Inc. Martin Cole, Reg. Agent 2025 Rog~rs Street Affidavit of Compliance Case 91-05-1 #1 Watson Jr. & Mary Grannison ,- ' 1736 N Washington Ave Affidavit of Compliance Case No. 32-91 MCEB 11 6/12/91 Mr. Aude moved to accept the Affidavit of Compliance in Cases 32-91 and 91-05-1 #1. The motion was duly seconded and carried unanimously. ,. OTHER BOARD ACTION - None HEW BUSINESS - None MINUTES - Meeting of May 22, 1991 Mrs. Riley moved to approve the minutes of the meeting of May 22, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 4:15 PM d~~ Vf?;j , CIAIR~~ ATTEST: 4~rl l~ -4 ~ .~ C.. . v_ SECRETAIIT l , -~,,' FORM 88 MEMORANDUM OF. VOTING CONFLICT FOR ,.on COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Y C1' ,. 0 rOlINt Y 0 01 H EIt I.OCAI. A(/l,N("Y '" Y "OSITION IS: o I:I.I:(-r 1\'[ )s{' A"I'OINllVE WHO MUST FILE FORM 88 This form is for use by any person serving at the cOllnty. city, or other locallcvcl of goverlunent ull all appOllltctl or clecll:J boarJ, council. commission, authority, or cOlllmillee, It applies equally 10 members of advisory and non-advisory bodies who nlc presentcd with a voting connict of interest under Section 112,3143, Florida Statutes, Your responsibilities under the law when fneed with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention La the instructions on this form before compleling the reverse side and filillg the form. "j. ,1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICEnS: A person hokling clect i ve COllllty, lllunicipal, or ot her locnl public office ~I UST AUSTA I N from voting 011 n measure which inures to his special privalc gain. Each local officer also is prohibiled from knowingly voting on a measure which inures to Ihe special gain of a principal (ot her than a governmcnt agen~y) by whom he i~ r('laincu. In either case, you should <.Iisclose the conflict: PRIOR TO THE VOTE BEING TAKEN uj' publicly Slating 10 the a~sembly lhe TlUUlrC of your irucresl in Ihe measure on which YOIl arc abstaining from ,'oling; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completillg and rilin[! this form with the pcr!>on responsible for recording the minutes of the mecting, who should incorporate the form in [he l1linulc~. APPOINTED OFFICEHS: A person holding appointivc COUIllY, municipal, or other local public office ~Iusr t\USTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibiled froll1 knowingly val in!! on a measure which inures to the special gain of a principal (other than II gon:rnmerll agency) by whom he i~ n:laincd. A person holding an appointive local offi~e olhcr\\bc ilia)' parlicipall' in a nWllcr ill which Iw ha~ a conflict of irHcre~[, but must disclose the naturc of the conflict before making an)' allempllO infl\lcn~e t]a: uechion by oral (If wrillcn communication. whelher made by the officer or al hi~ direction. IF YOU INTEND TO I\IAKE ANY ATTEt\IPT TO INFI.UENCE T1l1i DEC!SIOt--: PRIOR TO THE '''IEETING AT WHICH THE VOTE WILL DE TAKEN: . _./- You should comrletc and file this fOlll1 (before making any allcmpt 10 influence the deci~i(Jn) with thc perSOll respomible for recording the minutes of the meeting, who will incorporate the form in the minutes, - A copy 0 I' . he form should he provided imlllediately to I he 01 her mel1lber~ of IIIl: a!!cney, - The form should bL' a:ad pllblicly at Ihe mecting rrior 10 consiLlenltion of Ihc mailer ill which you have a conflil.t of interest. I I 1111/ ~t '11 . I 'II 1'.\(;1 I IF YOU MAKE NO AITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your conniel in the measure before participating. · You ~hould complete the form and me it within IS days nCler the vole occurs wilh the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I, ;eotfert-lIuJle- { DISCLOSURE OF LOCAL OFFICERfS INTEREST , (7(; 11 e /~" , 19.!lL: I hereby disclme that on (a) A measurc came or will come before my agency which (check onc) _" IIlllred to my ~lJccial privllle guill; 01 _ inured to the special gain of ttJf(f31 U't/??lYldf?/tE .7/v'V . by whom I am retained. - " (b) The measure before my agency and tl:e nature of lilY interest in the measure is as follows: :J-AlC I~ CL/grr rJF WIU/111)15 I!f(C/ffnZT5 cT I? OFFIC.BZ. ClF- /IlI/t.t./;f1l1j ;t;t:c;/fllar ell!l? ~ I .- UJ fCe{ (J Lt?J ~ (f NI7G.!G7 /6/tf[;[;J ft;'r~:11 I~) -lroimMuJL SlgI01~lrc: Dale Filed I NOTICE: UNDER PROVISIONS OF FLORIDA Sli\TUTES S112.317 (/985), A FAILURE TO MAKE ANY REQUlREi..: , '-~ """ DISCLOSURE CONSTITUTES GROUNDS FOR AND !\tA Y BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT. I~EMO\'AL OR SUSPENSION FROM OFFICE OR EMPLOYf\IENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. cr. FOil ~t HI. 1.'11 . PAGE: