07/10/1991 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
DATE
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of July 10, 1991, 3:00 p.m.
Agenda
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 C1earing List 91~7-1
~ C~se No. 1
- Case No. 2
- Case No. 3
Case No. 23-91
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Case No. 35-91
Case No. 39-91
OTHER BOARD ACTION
Magnum Mortgage Corp
4745 Enterprise Rd aka
M&B 21-07 See 32-28-16
Alma M & Cheryl L Taylor
1749 Harbor Dr aka
Avondale Sub, Blk E, Lot 15
Janet E H Cave
2460 Nash St aka
Gulf to Bay Acres, Blk d, Lot 7
Mary G Realty lnc
490 Mandalay
(Land Development Code)
Cont from 6/12/91
Lokey Oldsmobile lnc
2355 Gulf to Bay Blvd
(Land Development Code)
Cant from 6/26/91
Charles F Kaufman
1721 N Highland Ave
(Land Development)
MINUTES - Meetings of June 12 & 26, 1991 and
Emergency Meeting June 20, 1991
ADJOUR'4
MCEB
1
Comply within 10 days
(7/20/91)
Comply within 10 days
(7/20/91)
Comply within 10 days
(7/20/91)
Continued until proper
service is obtained
Continued to 8/14/91
Comply within 24 hours
None
Approved as submitted
3:40 P.M.
7/10/91
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PUBLIC NUISANCE CLEARING LIST 91/7/1, 07/10/91
1. 4745 Enterprise Road, Clearwater, Florida. M&B 21-07 in Sec.
32-28-16 (32-28-16-00000-210-0700). Personal Property Owner:
Scott Brownell, c/o &. Eklund, ?-520 Sunl1lot Pt... Rd. #77,
Clea'rwater,H Florida. Real Property Owner: Magnum L~ase
Mortgage Corp., 46 Ferry Street, Hudson, NH. 03051.
, 2." 1149 'Harbor' Drive, Clearwater, Florida. Lot 15, Block E,
Avondale Subdivision (03-29-15-01926-005-0160). Personal
Property Owner: Speight, Perman, 419 44th Street, Copiague, NY
11726. Real Property Owner: Taylor, Alma M. & Cheryl L.,
1749 Harbor Drive, Clearwater, FL. 34615.
3. 2460 Nash Street, Clearwater, Florida. Lot 7, Block 0, Gulf
to' Bay Acres, Parcel # 18-29-16-34542-004-0070. OWned by:
Cave, Janet E.H'., 2~60 Nash Street, Clearwater, FL. 34625.
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MUNICIPAL CODE ENFORCEMENT BOARD
July 10, 1991
Members present:
William Murray, Chairman
Bruce Cardinal, Vice-Chairman
Robert Aude
Wi 11 iilm Zinzow
Louise C. Riley
Absent:
O. Wayne Wyatt
7th Seat - New member
A hio 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.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 thirty (30) days of the execution 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 Clearinq List 91-7-1
- Case No. 1
Magnum Mortgage Corp.
4745 Enterprise Rd. aka M&B 21-07 Sec 32-28-16
No one was present to represent the violator.
Geri Doherty, Code Inspector, stated there is an abandoned sailboat on the
property. Property ownersh i p wa s ver i f i cd through the tax ro 11 5 of Pine 11 as
County and notice was sent certified mail. The notice was returned unclaimed,
and was sent again to a forwarding address which has not yet been returned. Ms.
Doherty stated she notified the owner of the boat, and he is aware the City could
confiscate it. She first inspected the property February 20, 1991; she posted
and photographed the property June 12th. City submitted composite exhibit A, a
copy of the file of record including the legal notice and photograph of the
property.
In response to questions, Ms. Doherty stated it appears the boat owner just
left it there without permission. She stated cost of removing the boat would be
levied against the property owner. Ms. Doherty stated the City is currently
involved in clearing the property of overgrowth which was previously brought to
the Board.
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7/10/91
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Mr. Aude moved that concerning Case No.1 of Public Nuisance Clearing List
91-7-1 t'egarding violation of Section 95.04 of the Clearwater City Code on
property located at 4745 Enterprise Rd. a/k/a 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 10th day of July, 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 the legal notice and a photograph of
the property, it is evident that there exists debris at the above address in the
form of an abandoned boat.
The Conclusions of Law are: Magnum Lease Mortgage Corp. is in violation of
Section 95.04.
It is the Order of this Board that Magnum Lease Mortgage Corp. shall comply
with Section 95.04 of the Code of the City of Clear\"Jater within 10 days
(7/20/91).
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
condition, without further notice to Magnum Lease 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 a lien against the property until paid. Upon
complying, Magnum Lease Mortgage Corp. shall notify Seri Doherty, 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.
Alma M. & Cheryl L. Taylor
1749 Harbor Or. aka Avondale Sub., Blk. E, Lot 15
No one was present to represent the violator.
- Case No. 2
Geri Doherty, Code Inspector, stated there is an inoperable vehicle on the
property. She ver if i ed ownersh i p of the rea 1 property through the Property
Appraiser!s office, and ownership of the vehicle through the ID tag. Notices
were sent certified mail ,and the signed receipts were returned. Ms. Doherty
stated she made her first inspection April 8th and posted and photographed the
property June 18, 1991. City submitted composite exhibit A, a copy of the file
of record including the notice and a photograph of the property.
In response to questions, Ms. Doherty stated the vehicle owner is a nephew
of the property owner. He said he would fix the car; nothing was done and now
he is in New York. She stated she does not know if the New York tag on the car
is expired as it has no date on it. She stated the owner told her the car is
inoperable; and it has not been moved for about six months. Ms Doherty stated
she had received a complaint about the vehicle.
MCEB
7/10/91
2.
Mr. Aude moved that concerning Case No.2 of Public Nuisance Clearing List
91-7-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at 1749 Harbor Drive a/k/a Avondale Sub., Blk. E, Lot IS, the
Municipal Code EnforcE::ment Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 10th day of July, 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 the legal notice and a photograph of
the property, it is evident that there exists debris at the above referenced
address in the form of an abandoned motor vohicle.
The Conclusions of Law are: Alma M. & Cheryl L. Taylor are in violation of
Section 95.04.
It is the Ordar of this Board that Alma M. & Cheryl L. Taylor shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days
(7/20/91). 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 Alma M. & Cheryl L. Taylor. 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 a lien against the property until paid. Upon
complying, Alma M. & Cheryl L. Taylor shall notify Geri Doherty, the City
Official who shall inspect the property and notify the Board of compliance.
Should a dispute nrise concerning compliance, either party may request a further
hearing before the Board. The motion was duly seconded and carried unanimously.
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7/10/91
- Case No. 3
Janet E. H. Cave
2460 Nash St. aka Gulf to Bay Acres, Blk. 0, Lot 7
No one was present to represent the violator.
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Geri Doherty, Code Inspector, stated she verified ownership through the
Property Appraiser'S computer and sent notice certified and regular mail; both
notices were returned. She first inspected the property May 29, 1991 and it was
overgrown. She reinspected the property this morning and the violation still
exists. Ms. Doherty stated the house is abandoned and may be in foreclosure.
City submitted composite exhibit A, a copy of the file of record including the
legal notice and a photograph of the property. The Inspector stated she sent
notice to the Canada address noted on the returned mail. She stated she also
spoke to someone at the bank holding the mortgage.
Mr. Aude moved that concerning Case No.3 of Public Nuisance Clearing List
91-7-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at 2460 Nash Street a/k/a Gulf to Bay Acres, Blk. 0, Lot 7, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 10th day of July, 1991, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings af
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 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
referenced address.
The Conclusions of Law are: Janet E, H. Cave is in violation of Section
95.04.
It is the Order of this Board that Janet E. H. Cave shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (7/20/91).
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 neees sary. to remedy the
condition, without further notice to Janet E.H. Cave. 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. t1w propet'ty 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 sp~cified, 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, Janet E.H. Cave 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.
Mary G. Realty, Inc.
490 r4anda 1 ay
(Land Development Code)
Cant from 6/12/91
The Secretary stated proper service of the notice of hearing had not been
obtained.
Case No. 23-91
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7/10/91
Mr. Cardinal moved to continue Case No. 23-91 until proper service is
obtained. The motion was duly seconded and carrie~ unanimously.
Case No. 35-91
Lokey Oldsmobile Inc.
2355 Gulf to Bay Blvd.
(Land Development Code)
Cant from 6/26/91
Rick Rosa, Code Inspector, requested this case be continued to the August
14th meeting, due to delay of plan review.
Mr, Cardinal moved to continue Case No. 35-91 to the meeting of August 14,
1991. The motion was duly seconded and carried unanimously.
Mr, Aude abstained from voting in this case due to a conflict of interest.
Case No. 39-91
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Charles F. Kaufman
1721 N. Highland Ave.
(Land Development Code)
In response to a question, Mr. Kaufman agreed that the violation of a
trailer being parked in the setback area does exist. He further stated the
tenant of the property owns the trailer which he uses to transport a race car.
He stated a larger gate was installed so the trailer could be put in the back
yard. He stated the trailer is in the driveway sometimes from Friday night to
Saturday, and he has told his tenant to keep the tl~ailer in the fenced area. In
response to questions, Mr. Kaufman stated the gate was installed a couple weeks
after the notice of the violation in February. He stated Rick Rosa, Code
Inspectorl stated there are two options - store in the back yard or the other
side of the house. Mr. Kaufman stated he told his tenant he does not want the
trailer parked on the side next to his neighbor.
Discuss ion ensued regarding the outcome of the violation cited in February,
and it was stated compliqnce was obt.ained fit that time. The Inspector stated he.
has six dated photographs of the trailer in the setback area Sluce March 11th.
It was stated there is not violation wh~n the trailer is parked behind the fence.
Mr. Cardinal moved that concerning Case No. 39-91 regarding violation of
Section 136.0Z2(i)(Z)b of the Clearwater City Code on property located at 1721
North Highland Avenue a/k/a Highland Est. Sub., Blk B, Lot 1, the Municipal Code
Enforcement Board ha~ heard testimony at the Municipal Code Enforcement Board
hearing held the 10th day of July, 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 Char 1 es F. Kaufman who admi tted the vi 01 at i on ex; sts, it is
evident that a hauling trailer is being intermittently parked in the setback area
of the property.
The Conclusions of Law are: Charles F. Kaufman is in violation of Section
136.022(i)(2)bj that Charles F. Kaufman was found to have violated the same
provision by the Board on February 27, 1991, and that Charles F. Kaufman has
committed a repeat violation.
It is the Order of this Board that Charles F. Kaufman shall comply with
Section 136.022(i)(2)b. of the Code of the City of Clearwater within 24 hours.
If Charles F. Kaufman does not comply within the specified time, it is the Order
of this Board that he shall pay a fine of $150.00 pe~ day commencing July 12,
1991, and continuing for each day the violation continues to exist. A certified
copy of this Order shall be recorded in the Public Records of the Office of the
Clerk of the Circuit Court in and for Pinellas County and shall constitute a lien
against any real or personal property owned by the violator pursuant to Chapter
162, Florida Statutes. A flOe imposed pursuant to Chapter 162 continues to
accrue until the violator comes into compliance or until a judgment is rendered
in a suit to foreclose on a lien filed pursuant to Chapter 162, whichever occurs
first. 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
sha 11 be bind iog upon any subsequent purchasers I successors in interest or
assigns of the real property where the violation exists. Upon complying, Charles
F. Kaufman 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 ~t that time without a subsequent
MCEB
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7/10/91
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 for Rehearing must be made in wr'iting and fi led 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. . ,
Mr. Young, Mr. Kaufman's tenant, arrived after the public hearing was
closed and was informed of the order of the Board. In response to a question,
Mr. Young was told to work with the Code Inspector regarding the trailer being
in the setback area while the lawn is being mowed. .
OTHER BOARD ACTION - None
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MINUTES - Meetings of June 12 & 26, 1991 and Emergency Meeting June 20, 1991
Ms. Riley moved to appl'ove the minutes of the regular meetings of June 12
and June 26, 1991 and the emergency meeting of June 20, 1991 as submitted. The
motion was duly seconded and carried unanimously.
ADJOURN - ,3:40 P.M.
Attest:
~~ 2:. A. pnn.
~ Secretary
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MCEB
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7/10/91
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MU~ICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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N"'ME 01' 00"'1(0. COUNCII~ C,'OMMIl;SION, A,UTHOIUTY, Ofl C,'OMMllTEE
AUDE, ROBERT
1 719 BREI~TtVOOD DRIVE
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COUN1Y
NUN ICIP AL GOOE ENFORCm.lENT BOARD
rHE IW...HO, COUNCil. COMMISSION, ,\UTHORll"Y OR COMMITTEE ON
WHICH I SERVE IS A, UNIT OF;
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:-t...ME O"I'OI.1T1CA,I. SUllOlVISION:
n/A
MAll.lNU ,\I)IIHr:.'iS
CLEAR1VATER
PINELLAS
1>Al'eON wHICH VOl'eOC'CURRED
JULY 10, 1991
MY rOSll10N 15:
C EI.EITIVE :tl ...pI'OINTlVe
WHO MUST FILE FORM 88
This form is for use by any person serving at the coumy, city, or other local level of governmem on an appointed or elected board,
..:cuncii, commission. authority, or .;ommiuee. It applies equally to members of aavisory and non.ad'/tsory bodi~ who are preselHe:d
with a voting conllict of interest under Section 112.3143. Florida Statutes.
Your responsibililies under the law when faced with a me3.Sure in which you have a conllict of interest will vary greatly dependi~g
on whether you hold :In c:!ecljve or appointive position. For this reasen. please pay close :mention to the instructions on this fOrln
before completing the reverse side and Jiling the form.
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INSTRUCTIONS FOR COMPI.IANCl: WITH SeCTION 112.3143, FLORIDA STATUTES
ELEcrED OFFICERS:
A person holding elective coumy. municip::!l. or other locnt public office ~IUST ABSTAIN from '1oling on n measure .....hich inures
to his sped::!1 private sain. Each local officer also is prohibited from knowingly ...oting on J. measure which inures \0 the special
gain of a principal (olher than a government agency) by whom he is retain~d.
In either case, you should disclose the cont1ict:
PRiOR TO THE VOTE BEiNG TAKEN by publicly stating [0 the assembly the nature oj your interest in the measure on
which you are abstaining: from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this (orm with the person responsible ior recording
the minutes oi the meeting, who should incorpor::lle the form in lhe minutes.
APPOINTED OFFICERS:
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A person hOlding appointive coumy, municipal. or other iocal public olfke .'-IUST ABSTAIN from voting on a me:lsure which
inure:> to his sp~cial private gain. E:Jch loc:l1 0 fficcr also is prohibited from knowi ngly voting on a measure which inures to th~
special gain of a principal (other than a government agency) by whom h~ is relained.
A person hOlding all appointive local office otherwise may participate in a maucr in which he has a conllict of interest, but must
disclose the.l)ature of the conflict before making any auemp[ 10 innuence [hl: deciSIon by oral or written commUnic:llion. whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTE~'IPT TO INFLUE:--ICE THE DECJSION PRIOR TO THE .'-IEE:TING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and me this form (before making allY auemp[ to inlluence the decision) with the person responsible for
recording the minutes oi the meeting, who will incorpor.:lle lhe form in Ihe minutes,
· A copy of the form should be provided immedi3[ely 10 [he other members of the agency,
. The form should be read publicly at the meeting prior to consideration of [he mailer in which you hnve a contlict of interest.
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISJON EXCEPT BY DJSCUSSJON AT THE MEETJNG:
· You should disclose orally the nalUre of your connicl in lhe measure before participating. "",
· You should complete lhe form and file it within IS days after the vOIl! occurs with the pcrson responsible for recording the'minutcs
of the m(.'cling, who should incorporale the form in the minutes.
I,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
/(J~ 111l~ , hereby disclose that on tlittt( I tJ
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(a) A measure came or will come beforc my agency which (check one)
/Cd to my special private gain; or
_ inured 10 the special gain of tiY/tt/!f1rI? /t/<CIl1TtZ"0 C/f70.
, by whom I am relained.
(b) The measure before my agency and the nature of my illlcrCSI in the mensure i~ as folll'lw!::
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.3J7 {I985), A FAIWRE TO MAKE ANY REQUIR_
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING;
IMPEACHMENT, RE~\'IOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000,
CF. FORM ~/J. lJlI
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