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06/26/1991 (2) CEB MUNICIPAL CODE ENFORCEMENT BOARD DATE ,. 0/:;1:21:,/'1/ ." , . . ,.., . ~'. . . .' ., . c27 - k'3 ., MUNICIPAL CODE ENfORCEMENT BOARD Agenda Meeting of June 26, 1991, 3:00 p.m. PUBLIC HEARINGS Action (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 91-06-2 - Case No. 1 - Case No. 2 - Case No. 3 Case No. 27-91 (':'.r~ >:.", '. Case No. 35-91 Case No. 37-91 Case 91-4-1 #1 OTHER BOARD ACTION ~~/ ADJOURN MCEB Robert Cooper 600 Pennsylvania Avo aka Pine Crest Sub, Blk II, Lots 3-5, 8&9 Michael J. Bobowski 3265 pine Huy~q Or aka Countryside let 5, Lot 66 New York Guardian Mtg. Corp. 501-503 North Saturn Ave aka Drew Terrace Sub, Lot 17 Dalip Tzekas 2129 Drew St. (Land Development Code) Continued from 5/8/91 Lokey Oldsmobile lnc Paul B Lokey, Pres 2355 Gulf to Bay Blvd (Land Development Code) Continued from 6/12/91 . Church of Scientology Flag Svcs. Org., Inc. 1024 Cleveland Street (Fire Code) Complied Prior UNFINISHED BUSINESS Evelyn H. Leahan, Tre vacant lot about 1122 Sunset pt Rd aka Sunset pt Replat. Lot 28 Affidavit of Compliance 1 Comply within 10 days (7/6/91) , Comply within 10 days (7/6/91 ) Comply within 10 days (7/6/91 ) Continued to 8/14/91 Continued to 7/10/91 Withdrawn Accepted Affidavit Board members requested a letter of appreciation be sent to Don Winner's family acknowledging Mr. Winner's contributions to the Code Enforcement Board 3:30 p.m. 6/26/91 /"-""', /"'''.t,, ~. } ........ '~,; 2. ',. 3. " PUBLIC NUISANCE CLEARING LIST 91/6/2; 06/26/91 1. 600 Pennsylvania Avenue, Clearwater, Florida. Lots 3,4,5,8 and 9, Block 11, Pine Crest Sub., Parcel # 10-29-15-69138-011- 0050 and 10-29-15-69138-011-0030. OWned by: Robert Cooper, President, Pennsylvania Holdings Inc., 600 Pennsylvania Avenue, Clearwater, Florida, 34615. 3265 Pine Haven Drive, Lot 66, Countryside Tract 5, Parcel # 19-20-16-10634-000-0660. OWned by: BObowski, Michael J., P.O. Box 5632, Clearwater, Florida 34618. 501-503 North Saturn Avenue, Drew Terrace Sub., Lot 17, entire lot. Owned by: New York Guardian Mortgage Corp. I c/o Bowest, P.O. Box 85101, San Diego, California 92138. ., :; "_. ~._.;..,.Jf . . f"':" .........' MUNICIPAL conE ENFORCEMENT BOARD ,June 26, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude D. Wayne Wyatt LOlJ he C I R il uy Absent: William Zinzow (excused) 7th Seat - New ffiRmber 6/20/91 Also present: Miles Lance, Assistant City Attorney 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.IO. in the Commission Meeting Room in City Ha1l. 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 appea 1 ed. 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 ClearinQ List 91-6-2 - Case No. 1 Robert Cooper 600 Pennsylvania Ave aka Pine Crest Sub, 8lk II, Lots 3-5, 8&9 No one was present to represent the violator. Rick Rosa, Code Inspector, stated he first inspected the property November 16, 1990 and noted an accumulation of debris. He verified ownership through the Pinellas County tax rolls; and on May 28, 1991 he posted and photographed the property and sent notice to Mr. Cooper certified mail. The Inspector stated he reinspected the property this morning and the violation still ex.ists. City submitted composite exhibit A ~ a copy of the file of record including the notice and photographs of the property. MCEB 1 6/26/91 , I': \. :" ./: _ ". '.: :.. ~ .~.. L ~ :: ~'. '.., ~>.\ ,~" t' ": .: .~.. ~'.~ ~~.: ,:. ,:'''''' :'1. ',:.t~~-;.:.' " '....:~.~',~ .:' ~": '~.~ ~ .~t t,; I j., . ,~'. ~:' ",;~ :: ~ ': ,.. , ..../'<-. '.~ . : :. ~.) : l.' . , - t, ..... . .... ,III': .;. . ' ~ ir. ~: I.... '. ',' .:,i,: ~ '; ..~, ,""~ ~ :- ",, : i: . ~ ;'.:; ~," ::./ In response to questions, Mr. Rosa stated City records do not show this to be a repeat violator. He stated the violator is licensed for roofing construction. He stated the debris consists of inoperable machinery, scrap materials, tires, radiators and two by fours. He stated the lnaterials that are stacked neatly are not included as debris. He stated another inspector did speak to someone at the corporation and to their lawyer. The lawyer explained to them what they needed to do to comply. He stated the property covers about half a block. In response to questions, Mr. Rosa stated the property is zoned neighborhood or general commercial. He stated the certified notice was returned unclaimed, but they do know about the violation and the hearing. He stated whether or not the property is commercial, they are still in violation. In response to questions, Mr. Rosa stated a complaint was received regarding a mattress being a fire hazard. He stated some of the junk has not been used in years. He stated the debris he is concerned about is specifically noted on the notice. He stated the City hires a contractor to clear the property. The contract specifications would detai'! what needs to be cleared and removed, including possible hazardous materials. Mr. Aude moved that concerning Case No.1 of Public Nuisance Clearing List 91~6-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 600 Pennsylvania Avenue aka Lots 3~5, 8 & 9, Blk II, Pine Crest Sub., the Municipal Code Enforcement Doard has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 testimollY of Rick Rosa, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record including the legal notice and photographs of the property, it is evident that there exists the excessive accumulation of debris at the above address. The Conclusions of Law are: Robert Cooper is in violation of Section 95.04. It is the Order of this Board that Robert Cooper shall com~ly with Section 95.04 of the Code of the City of Clearwater within 10 days (7/6/91). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such act i on as is neces sary to remedy the cond i t i on, without further notice to Robert Cooper. The City COlnmission 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 Comm; ss ion s hall determi ne, may be recorded in the Pub 1 i c Ilecords of Pine 11 as County, Florida 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 Cooper shall notify Rick RosQ, 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 2 6/26/91 ~. .:""'~;t . :...' .;01 < '..~ : I .~ .<~':.': '~,~ ',' . ;~~ ~\j .::" ..~': . ,:.,/ . /: ~ .10' ~ r'.f ". '.~';- _:~~, .(~ \:.. ,:,,4., + :. ~. c.., 'I (~ . I .::: ~:~ ;,~ t..' :: ~ ~ -. .~ j ....~~:: ~~... . \ . ,...: ..:;. ~'. -" ~. I '~~ ~ : . - I ".: .: ~.....';: ;.~..' );, , I:' .~. '. ....., . . f:. - ., j. . :..; ". .. . :" . " : "''''4 - Case No. 2 Michaei J. Bobowski 3265 Pine Haven Dr aka Countryside Tct 5. Lot 66 No one was present to represent the violator. Rick Rosa, Code Inspector, stated he first inspected the property May 23, 1991 which was overgrown. Ownership was verified through the Pinellas County tax rolls. The property was posted and photographed May 28th, and the notice was sent certified mail at that time. The notice was returned unclaimed. He reinspected the property this morning and the violation still exists. City submitted composite exhibit A - a copy of the file of record including a copy of the notice and a photograph of the property. In response to questions, Mr. Rosa stated the house is vacant and there has been no contact with the owner. The only mailing address on record is the post office box to which he sent the notice. He stated he did not send notice to the forwarding address Moted on the returned mail. A question was raised regarding sufficient notice to the violator, and the Attorney for the Board stated the posted notice and attempted notification at the last know address was sufficient. Mr. Aude moved that concerning Case No.2 of Public Nuisance Clearing List 91-6-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 3265 Pine Haven Dr aka Countryside Tract 5, Lot 66, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 the legal notice and a photograph of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other s imi 1 ar plant mater i a 1 s at the above referenced address. The Conclusions of Law are: Michael J. Bobowski is in violation of Section 95.04. It is the Order of this Board that Michael J. Bobowsk i shall camp ly with Section 95.04 of the Code of the City af Clearwater within 10 days (7/6/91). 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 Michael J. Bobowski. 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 administrat1ve cost. Such cost shall constitute a lie~ 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, Florida 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 MCEB 3 6/26/91 '" ...,~~:';.."~ ;.I.,:'~..'t..'.-..~~.~.,...:.~.t..,l..:I'.. .,:'':::' t':'~";:":..I'I.!....'L'-'.:..~..r.~:'..,.;~-'~'';'-i'.. -::'..~:~':""...~\. ';.~. . .,...:...'..,...:;.:......1 "~'t."...'.'~". '," ""'.~".~:~'+,",':"... I'. . , until paid. Upon complying, Michael J. Bobowski 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. - Case No. 3 New York Guardian Mtg. Corp. 501-503 North Saturn Ave aka Drew Terrace Sub, Lot 17 No one was present to represent the violator. Rick Rosa, Code Inspector, stated a complaint regarding excessive growth and weeds was received and he inspected the property May 30, 1991. Property ownership was verified and notice was sent certified mail; the signed receipt was returned. The property was posted and photographed June 5, 1991. The property was reinspected this morning and the violation still exists. City submitted composite exhibit A - a copy of the file of record including the legal notice and a photograph of the property. Mr. Aude moved that concerning Case No.3 of Public Nuisance Clearing List 91-6-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 501-503 N Saturn Ave aka Drew Terrace Sub, Lot 17, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 the legal notice and a photograph of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address referenced address. The Conclusions of Law are: New York Guardian Mortgage Corp. is in violation of Section 95.04. It is the Order of this Board that New York Guardian Mortgage Corp. shall comply with Section 95.04 of the Code of the City of Clenrwater within 10 days (7/6/91). 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 New York Guardian Mortgage 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, Florida 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 alien against the property until paid. Upon complying, New York Guardian Mortgage Corp. 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 cnrt'ied unanimously. MCEB 4 6/26/91 '. , '. ;"; ~. :....~. :ll."';' : .- ~ ,~~::(':' '!~:;: l; ~".' ~~, .; '.: .~':~ : ~.;' ~~. ~:.. ~. " :'~ ~ .~. p ;.~:.:.~ ...::.; . :::.... :.: ~.. , ...~ t i' ':. ",.. ~': .:~ j.\.: : :.:M...... I;. _,: . ....., : t..:.;..,:.... - ,.to; .~.,":~.' ',:.' ~ . ,.. : ,~ "1:"" L'" ".. ~ ~. Dalip Tzekas 2129 Drew St. (Land Development Code) Continued from 5/8/91 Rick Rosa, Code Inspector, requested this case be continued to the August 14 meeting due to a continuance of a variance application. Case No. 27-91 Mr. Cardinal moved to continue Case No. 27-91 to the meeting of August 14, 1991 as requested by the Inspector. The motion was duly seconded and carried unanimously. Lokey Oldsmobile Inc/Paul B Lokey, Pres 2355 Gulf to Bay Blvd (Land Development Code) Continued from 6/12/91 Rick Rosa I Code Inspector, requestod this case be continued to the.: Ilext regularly scheduled meeting stating plans have been submitted to the City for review. Case No. 35-91 Mr. Wyatt moved to continue Case No. 35-91 to the meeting of July 10, 1991 as requested by the Inspector. The motion was duly seconded and carried unanimously. Mr. Aude abstained from voting due to a conflict of interest. Church of Scientology Flag Svcs. Org., Inc. 1024 Cleveland Street (Fire Code) Complied Prior Mr. Cardinal moved to withdraw Case No. 37-91 as compliance has been obtained. The motion was duly seconded and carried unanimously. Case No. 31-91 UNFINISHED BUSINESS Evelyn H. Leahon, Tre vacant lot about 1122 Sunset pt Rd aka Sunset Pt Replat, Lot 28 Affidavit of Compliance Mr. Cardinal moved to accept the Affidavit of Compliance in Case 91-4-1 HI. The motion was duly seconded and carried unanimously. Case 91-4-1 #1 OTHER BOARD ^CTION Mr. Aude stated Don Winner, who passed away last month, had served on the Boardj and he requested the Board officially acknowledge his contributions. Consensus was to send a letter of appreciation to the family. The meeting adjourned at 3:30 p.m. ~_. ATTEST: ~~~L. V SECRETARY MCEB ./~_~:n 5 6/26/91 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,.~r"'~l Mil' IfAMH HIl:-'1 ;'o;Mo,lI' ~llJl)I.( :'-IAMF I AUDE, ROBERT ~MME UI' IlO....KO. COUNC'lI. C,'OMM1SSI0N, "Ul'HOfUTY. OR (.'OMMIITEE MAU,INCl ,\lm"r",'iS ~tuNICIPAY. CODE ENfORCf',HENT BOARD nll~ 110....1\0. COUNCil. COMMISSION, ,\UTfIORITY OR COMMITTEE ON WIlICH ISERVE IS,\ UNIT OF: 1719 Brentwoud Drive <.'I'r'l' COUN1Y a: CITY 0 COUNTY 0 onlER 1.0CA" "GENCY '{AM!'. CI' \'OI,\TIC^'. ~UIlO\VIS\CN: Clearwater l)ArE ON WHICIl VOTE OCCURRED June 26. 1991 Pinellas MY POSITION IS: C EI.ECTIV~ )j: Al'l'OlNTlVe WHO MUst PILE fORM 66 This form is for use by any person serving at the county, city, or Olher local level of government on an appointed or elected board. council. commission. authority. or committee. It applies equally to members of advisory and non-advisory bodies who arc presented with a votin~ conlliet of interest under Section \12.3143. Florida Statutes. Your responsibilities under the l:J.w when raced with a measure in which you have a conniet of interest will vary gre:ltly dependi'.'l& on whether you hold an elective or appointive position. For this reason. please pay close alte~tion to the instructions on this form beCore completing the reverse side :J.nd filing the rorm. ("I' HHI'" J\H. 1.11 I'\t;t: : INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA srATUTES ELECTED OFFICERS: A person holding elective COUnly, municipal. or other local public office MUST ABSTAIN from 'Ioting on a measure which inures 10 his sped;!l private gain. Each loc:!.l orricer also is prohibilCd from knOwingly vOling on a measure which inures to the special gain or a principal \olher than a governmeOl agency) by whom he is ret:Jined. In dther case. you should disclose the connier: PRIOR TO THE VOTE BEING TAKEN by publicly stating to [he assembly the nature oi your interest in the measure on which you are abstaining from ....oting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by compicling and filing this forlll wilh the person responsible for recording the minules of thc, meeting, who should incorporate the rorm in the minutes. APPOINTED OFFICERS: A person hOlding appointive couniy. municipal. or ,)[l1er local public office :V1UST ABSTA[;-.J from voting on a me:J.sure which inures to his special private :lain. Each local oificer also is pronibiled from lo:nawingly voting on a me:lsure which inures to the special g:J.in of a ;lrincipal (other than a go....crnment :lgenc)') by wnom he is retained. A person holding an appointive local Mrice otherwise may participate in a m:lller in which he bas a conlliet oi interest. but must disclose thel~ature of the contl[ct before making any :l[tempt [0 inl1:sr.:nc': llle decision by Or.lJ or written comntunic:nion. whether made by the officer or at his direction. IF YOU INTEND TO .'-'IAKE ANY ATTE:VIPT TO INFLUE:-~CE TH~ DECISION PRIOR TO THE :VIEETING AT WHICH THE VOTE WILL BE TAKEN: '-, . You should complete and file this form (before mJidng any allempt 10 influence the decision I with the person responsible ror recording the minutes of the meeting, who will incorpor.lte [he form in the minutes. . A copy of the iorm should be provided immediately to the ather members of Ihe agency, . Th'c rorm should be read publicly :It the meeting prior (0 consideration of the mailer in which you have a cont1ict of interest. IF YOU MAKE NO ATrEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nalme of >'our connict in the measure before parcicipating. · You should complete the form and me it within 15 days after Ihe vole occurs with the persall responsible for recording the minutes of the meeting. who should Incorporate rhe form in (he minulcs. DISCLOSURE OF LOCAL OFFICER'S INTEREST n .-- I. 1<C11Jrtl?r !ftf,!/€3 . hereby disclose that on c.;{!rv~- 2~~ I . (a) A measure came or will come before my agency which (check one) ,'19~: _ Inured 10 my special privole gain: or ~ !-dk[L( c1l/..7'f Xfi;'C: _ inured fa the special gain of . by whom I am retained. (b) The measure before my agency and the nalure of my inleresl in Ihe measure is as follows: r- wt~f {.1[/?0 I'!} - (208/(::711 1111[/6 II Cl/tfJ( r u/ /LL,iJ11J1? Itf;:;?I1'/&Zr~ CIf/fIZre71tT:J. i..;.'} 11// t',?rfCe:!'. d,P ?1/IGtf 47Jl~ /!/d:::1171'a7S. '/70 /11/ I /-_... "-', , !-r~1d SignallJrc NOTICE: UNDER PROVISiONS OF FLORIDA STATUTES S112.J17 (1985), A FAJLURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y DE PUNISHED BY ONE OR MORE OF THE FOLLOWING-:-- JMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFiCE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR ^ CIVIL PENAl.TY NOT TO EXCEED $5.00D. CE FORM ~f1- 1.<If . rAG!: ~