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08/28/1991 (2) . DATE c?<7 CEB MUNKCIPAL CODE ENFORCEMENT HOARD Ogj~ -- 77 i "- , r" '., ~ MUNICIPAL CODE ENFORCEMENT BOARD Meeting of August 29, 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, sot the fee to be assessed in case of non-compliance.) Public Nuisance Clearing List 91-08-2 - Case :f 1 - Case # 2 - Case # 3 - Case '* 4 - Case t 5 - Case * 6 - Case * 7 - Case :It B MCEB Premier Shelters, Ine 1457 Premier Village Way aka Lot 12 Premier Village Helen L Russell 1871 McKinley St aka New Marymont Sub. Blk 10, lot 7 Daisy Williams about 900 LaSalle St aka Palm Park, Blk C, Lot 16 Bessie & Mary Singletary about 900 Palm Bluff aka Palm Park, Unbd Blk, Lot 23 James Liddell Jr about 908 Palmetto St aka Pennsylvania Sub, Lot 8 Ernest W Bailey Est 1404 Pennsylvania Ave aka Lincoln Place, Blk 3, Lot 5 Willie R Bryant Jr 1107 Pennsylvania Ave aka Greenwood Manor, Lot 13 William E & Willie J Turner 904 pennsylvania Ave aka Pine Crest Sub, Blk 2, Lots 4 & 5 1 Comply within 10 days (9/7/91) Comply within 10 days (9/7/91) Comply within 10 days (9/7/91) Comply within 10 days (9/7/91) Comply within 10 days (9/7/91) Comply within 10 days (9/7/91) Comply within 10 days (9/7/91) Comply within 10 days (9/7/91) 8/28/91 > I ,-", Case;f 35-91 Lokey Oldsmobile, lnc 2355 Gulf to Bay Blvd (Land Development Cede) Continued from 8/14/91 To Be Withdrawn Withdrawn Case i 40-91 Ernest Rivers 2723 Haverhill Ct, Bldg 25A (Building Code) Continued from 8/14/91 Comply by 9/13/91 Case * 44-91 Friedrich E & Yvonne L Ulfers 761 Bruce Ave (Land Development Code) Comply by 9/14/91 UNFINISHED BUSINESS Affidavits of Compliance Accepted Affidavits Case 90-06-2-1 Clark W Mills vacant lot about 709 Vine Ave ( ": Case 90-10-2-1 Clark W Mills r~_ vacant lo.t about 709 Vine Ave Case 90-12-1-2 Frances Green 806 Jurgens Et Case 91-06-1-1 Roger C Ravel/Ray Ulmer vacant lots about 605 Jones St Case 91-06-1-2 Magnum Lease Mortgage Corp 2741 Enterprise Rd Case 91-06-1-6 J Foster Jr & Betty Carter 1725 Apache Trail Case 91-07-1-1 Magnum Lease Mortgage Corp 4745 Enterprise Rd Case 91-07-1-2 Alma M & Cheryl L Taylor 1749 Harbor Dr l, "".."oPT Case 91-07-1-3 Janet E H Cave 2460 Nash St MCEB 8/28/91 2 ( "'-,.. . " Affidavits of Compliance cant. Case 91-07-2-1 Donald E & Jane E Turpin 1124 Hollywood Ave Case 91-07-2-2 James A & Nancy A Erskine about 301 Pennsylvania Ave Case 91-07-2-3 Christine Keno about 915 Engman St Case 91-07-2-4 John & Kathleen Kondrotas 1374 Milton St Case # 48-90 Robert E Hughes, Tre. Rental Properties Trust 1306-1310 N Garden Ave pnfinished Business cont. Case 41- 78-89 Christine Keno 915 Engman & 1206 Pennsylvania Av AIfidavit of Non-Compliance Affidavit of Compliance Case t 6-91 Seville Condominiums #12, Inc. 2699 Seville Blvd AIfidavit of Non-Compliance OTHER BOARD ACTION Case t 130-88 John Mavrogiannis dba Auto Import Clinic Request to address Board Case f 58-88 Anne Graffunder Partial Release of Lien NEW BUSINESS ADJOURN MeEB 3 Accepted Affidavits Accepted Affidavit of Non-compliance; issued order imposing fine; Accepted Affidavit of Compliance Accepted Affidavit; issued order imposing fine Denied request Approved Partial Release None 5:10 p.m. 8/28/91 ;.=", , \ , -, ....-.....,. PUBLIC NUISANCE CLEARING LIST 91/8/2, 08/28/91 1. 1457 Premier Village Way, Clearwater, Florida, Lot 12, Premier Vlllage- Parcel #- 19-29-16-7 304 7-000-0120. Property Owner: Premier Shelters, Inc., 161 6th Street SW, Largo, Florida 34640. 2. 1871 McKinley Street, Clearwater, Florida, New Marymont Sub., Blk D, Lot 7 - Parcel #12-29-15-59806-004-0070. Property Owner: Russell Helen L., 1871 McKinley Street, Clearwater, Florida 34625. 3. Vacant lot about 900 LaSalle Street, Clearwater, Florida, Palm Park,' Blk. C, Lot 16, - Parcel #10-29-15-65718-003-0160. Property Owner: Daisy Williams, 1398 Baskin Drive, Largo, Florida 34648. 4. Vacant lot about 900 Palm Bluff, Clearwater, Florida, Palm Park, Unbd blk, Lot 23 - Parcel #10-29-15-65718-000-0230. Property Owner: Bessie M. Singletary, Mary L. Singletary, Apt B, 706 1/2 Eldridge Street, Clearwater, Florida 34615. 5. Vacant lot about 908 Palmetto Street, Clearwater, Florida, Pennsylvania Sub., Lot 8, - Parcel #10-29-15-68346-000-0080. Property Owner: James Liddell Jr., 5282 Roosevelt, Detroit, Michigan 48208. 6. 1404 Pennsylvania Avenue, Clearwater, Florida, Lincoln Place, Blk. 3, Lot 5 - Parcel ItlO-29-15-51948-003-0050. Property Owner: Ernest W. Bailey ESt., 1404 Pennsylvani:J Avenue, Clearwater, Florida 34615. 7. 1107 Pennyslvania Avenue, Clearwater, Florida, Greenwood Manor, Lot 13, Parcel #10-29-15-33498-000-0130. Real Property Owner: Willie R. Bryant Jr., 1107 Pennsylvania Avenue, Clearwater, Florida 34615, Personal Property OWner: Ralph Bryant, 1800 Union Street, Clearwater, Florida 34623. 8. 904 Pennsylvania Avenue, Clearwater, Florida, pine Crest Sub., Blk 2, Lots 4 & 5 - Parcel #10-29-15-69138-002-0040. Proper.ty Owner: William E'. 'l'urner, Willie J. Turner, 510 Railroad Avenue, Clearwater, Florida 34615. i!C\ " r" ". " I I "" . . MUNICIPAL CODE ENFORCEMENT BOARD August 28, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman D. Wayne Wyatt (arrived 3:08 p.m.) Louise C. Riley William Zinzow Edwin Lewis Choate Absent: Robert Aude (excused) 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.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 (3D) 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 91-08-2 - Case # 1 Premier Shelters, Inc. 1457 Premier Village Way aka Lot 12, Premier Village No one was present to represent the violator. Ger; Doherty, Code Inspector, stated this is an overgrown, vacant lot. Owne~'ship was verified through the Property Appraiser's Office; notice was sent by certified mail and the signed receipt was returned. She first inspected the property July 23rd and posted it August 1st. 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 photograph of the property. In response to a question, Ms. Doherty stated this is not a repeat. MCEB 8/28/91 1 ~, .'11 :~":;itJ~~t\l~'....::.t.....:~:..~.rf~':~':~~'::~~'~~.:~~"/:,;::4,~.....\,~~..;: ".'~".';I.~'.::,,,,~ .... '" :::'':".'',j'.!",:~:,~:",.'...I_:' ,'~'..::-..~+.-"'. " ~.~;. .~.!;....J",< ....... ,.' ,",:"~',.: ~' ......,. ,..".;~~l...'I~.,~. .t.l' 1-: ", . Mr. Cardinal moved that concerning Case No.1 of Public Nuisance Clearing List 91-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1457 Premier Village Way aka Lot 12, Premier Village, the Municipal Code Enforcement Board has heard test iroony at the Mun icipa 1 Code Enforcement Board hearing held the 28th day of August, 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 they\} exists the excessive growth or accumulation of weeds, undergrowth or other s imi 1 ar plant materi a 1 s at the above referenced address. The Conclusions of law are: Premier Shelters, Inc. is in violation of Saction 95.04. It ;s the Order of this Board that Premier Shelters, Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/7/91). 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 Premier Shelters, 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 C'ity 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, Premier Shelters, Inc. 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 # 2 Helen L. Russell 1871 McKinley St. aka New Marymont Sub. elk. 10, Lot 7 No one was present to represent the violator. Janice King, Code Inspector, stated this is in violation with overgrowth and debris. Ownership was verified through the Property Appraiser' s Office~ notice was sent by certified mail and it was returned unsigned. She attempted to deliver the notice on August 1 and 12; had verbal conversation this morning. The property was first inspected on July 17, and posted and photographed on July 30. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Ms. King stated she reinspected the property this morning and it was still in violation. In response to questions, Ms. King stated Mrs. Russell is aware of the hearing. It was pointed out to Mrs. Russell what needed to be removed. Ms. King stated she also sent a copy of the notice regular mail. l '''it. , ~1C E B 2 8/28/91 d~ ~ Nat Swan, 1873 McKinley Street, stated this has been going on for years. He said the Property Appraiser stated the area would depreciate next year due to the condition of Mrs. Russell's property. He stated Mrs. Russell works to clear the property when she knows the Inspector is coming and stops when they leave. Be stated something needs to be done, and he would be glad to help to clarify the problem. Mr. Cardinal moved that concerning Case No.2 of Public Nuisance Clearing List 91-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1871 McKinley Street aka New Marymont Sub., slk. D, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 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 ar'e: after hearing testimony of Janice King, 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 growth or accumulation of weeds, undergrowth or other similar plant materials and debris at the above referenced address. The Conclusions of Law are: Helen L. Russell is in violation of Section 95.04. It is the Order of this Board that Helen L. Russell shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/7/91). Upon failure to comply within the time specificd, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Helen L. Russell. The City Commission may thcn 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, Helen L. Russell shall notify Janice 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. - Case # 3 Daisy ~/ill iams about 900 LaSalle St. aka Palm Park, Blk. C, Lot 16 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated this is an overgrown, vacant lot. Ownership was verified through the Property Appraiser1s Office. She first inspected the property July 23rd; posted and photographed it on July 31st. 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 photograph of the property. In response to a question, Ms. Niemiller stated this is a repeat violation. f~CEB 3 8/28/91 ~'."'.i~l,.~t:::.';'~".;~"';';"~'.:.""~~:'<'/"'.J",:i~~./,~t:.~.,...;..~.."~.~.i'I.~/~:..I.."Ji.:';:,."...l" ,:..:,..' '.\-,: .~...I.::.. .,.......:..:~._..". :~.:~I '..' ,~. ..:~.;,'./~.;~ ,..~. .,',.':;,.,. ,. .~/.',.. r'~.\.... "'Ji. (' Mr. Cardinal moved that concerning Case No.3 of Public Nuisance Clearing List 91-8M2 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 900 LaSalle Street aka Palm Park, Blk. C, Lot 16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 1991, and based on the evidence, the Municipal Code ~nforcement 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 - 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 r1ant materials at the above referenced address. The Conclusions of Law are: Daisy Williams is in violation of Section 95.04. It is the Order of this Board that Daisy Williams shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/7/91). 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 Oaisy Williams. 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, 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, Daisy Williams shall notify Vicki Niemil1er, 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. r ' t - Case # 4 Bessie & Mary Singletary about 900 Palm Bluff aka Palm Park, Unbd. 8lk., Lot 23 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated the property is overgrown. She first inspected it on July 23j she posted and photographed it on July 31. Ownership was verified through the Property Appraiser1s Officej notice was sent by certified and regular mail, and the signed receipt was returned. She reinspected the property this morning and the violation still exists. She stated this is a repeat offender. The property is cleared by the City a few times a year. City submitted composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. \ ", MCEB 4 8/28/91 " . '0, ~ to, ~.~. >,l"~ / . '..:.:: . .:.~ '}; ~.Jr~: ~ :~:.. ~+.~~.. ~~';'.". 'I ~ .f". ',0'. f;: ~ ~. :': ~; .. ~,"; /<:: ~~ ~;: :.~: .~': ::c': '. \i: '~'I~~' ~.~ /':1,'. i"."; .::-' .' : ~,: ,~. ~:<:I~' ; : :.:~; " ~:~r !i~ ::":". ..", '.' . 'T\:"~.'}. .I.~" ~.4.i':', ~ i:;' J);.: .,\:~ :::\ ~~ {::~ .~~.. ~',:": ..:~", ,. ~~. .>t....: t.~.'I:..~..~ ,:0::; : , " ' " '.;'J.. ,- i',,~, : ~ .' PO:. .' , ,__T .r.. .-, 'r>' IN~: '\"'-1 ",l t Mr. Cardinal moved that concerning Case No.4 of Public Nuisance Clearing List 91-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 900 Palm Bluff aka Palm Park, Unbd. Blk., Lot 23, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 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 Vicki Niemiller, 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, under'growth or other similar plant materials at the above referenced address. The Conclusions of Law are: Bessie M. & Mary L. Singletary are in violation of Section 95.04. It is the Order of this Board that Bessie & Mary Singletary shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/7/91). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and sllch action as is necessary to remedy the condition, without further notice to Bessie & Mary Singletary. 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, 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, Bessie and/or Mary Singletary 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. ~ ,':'~ ~~\~ to., r--" pi ;~~.:.:. ';" .~ ':.. .' .1 '~ ,I" i ;. , , . " . . , >, '., .'~I~ . .. : :' '. J~. ~ " . ~..t': ," "'...., . '. - ,Case # 5 James Liddell Jr. about 908 Palmetto St. aka Pennsylvania Sub., Lot 8 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated ownership was verified through the Property Appra i ser I s Off i ce and not i ce was sent by cert if i ed and regu 1 ar maiL Both letters were returned. This is a repeat violator. As of this morning, the violation still exists. City submitted composite exhibit A, a copy of the legal not i ce and a photograph of the property. She stated the property was f; rst inspected July 23rd and posted July 31st. In response to questions, Ms. Niemiller stated the letters came back marked addressee unknown. She stated it is a vacant lot. ~'" MCEB 5 8/28/91 r!.-<"~ ~'r. Cardinal moved that concerning Case No.5 of Public Nuisance Clearing List 91-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 908 Palmetto Street aka Pennsylvania Sub., Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 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 Vicki Niemi1ler, Code Inspector, and viewing the ~vidence, 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 imil ar plant materia 1 s at the above referenced address. The Conclusions of Lnw are: Jollies Liddell Jr. is in violation of Sectiorl 95.04. It is the Order of this Board that James Liddell Jr. shall COmflY with Section 95.04 of the Code of the City of Clearwater within 10 days (9/7/91. Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such act; on as \ s necessary to remedy the cond it i on, without further notice to James Liddell Jr. 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, James Liddell Jr. 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 # 6 Ernest W. Bailey Est. 1404 Pennsylvania Ave. aka Lincoln Place, Blk. 3, Lot 5 No one was present to represent the violator. Vi ck i Niemi 11 er s ta ted ownersh i p wa s ver i f i ed through the Property Appra i ser I s Office, and notice was sent by certified and regular mail. The certified letter was returned unclaimed. She first inspected the property on June 11, and posted and photographed it on July 31. Initially, there was a vehicle on the property for which she had to allow 30 days for removal. The property is overgrown and there is debris. As of this morning, 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 questions, Ms. Niemiller stated this property is not a repeat. She stated the letter sent regular mail was not returned. The property was posted; and it appears to be vacant. She stated there were two vehicles, one under the carport and one tagged. t.1CEB 6 8/28/91 ,- Mr. Cardinal moved that concerning Case No.6 of Publ ic Nuisance Clearing List 91-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1404 Pennsylvania Avenue aka Lincoln Place, 8lk. 3, Lot 5, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 1991, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of law, and Ordor. The Findings of Fact are: after hearing testimony of Vicki Niemiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite nxhibit 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 growth or accumulation of weeds, undergrowth or other s imi 1 ar plant materi a 1 5 and debri s at the above referenced address. The Conclusions of Law are: Ernest W. Bailey Est. is in violation of Section 95.04. It is the Order of this Board that Ernest W. Bailey Est. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (917/91). 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 Ernest W. Bailey Est. 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, Ernest W. Bailey Est. 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 if 7 Willie R. Bryant Jr. 1107 Pennsylvania Ave. aka Greenwood Manor, Lot 13 No one was present to represent the violator. Vick i Niemi ller, Code Inspector, stated ownersh ip of the property was verified through the Property Appra i ser I s Off i ce i ownersh i p of the veh i c le through the license tag. Notice was sent by regular and certified mail, and the signed receipt was returned. Ms. Niemiller stated Mr. Bryant phoned her August 2nd and said he would remove the vehicle. The property was first inspected June 11th and posted on July 31st. As of this morning, the violation still exists. City submitted composite exhibit A, a copy of the file of record including the legal notice and a photograph. In response to questions, Ms. Niemiller stated costs to the City would be assessed to the real property owner. She stated the vehicle does not have a current registration; Mr. Bryant stated he had to fix a few things on the vehicle. Ct"'t; MCEB 7 8/28/91 ~L.~~; . ., '~ :,,' '. .': ~.'>.: . ~ ~..:- " .'.; .~,;, )'11', ,t I.: "... >"'_.' ; ~;.....'. ,... ~ ....l ':, ". :.. ."'::~, ': ~ ..: ",~ . ~ .;. ~ '.: l' " J' .; ......~ ,<I Yo''' ":..' ~. .,,:' , '. ./ " ~, . , 1 ;1 ~ . '" ~';;' . .~. I . ~. ~ : 'J', .,;'~ ..... ~ : .;../p ::. " : JI.,/~ Mr. Cardinal moved that concerning Case No.7 of Public Nuisance Clearing List 91-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1107 Pennsylvania Avenue aka Greenwood Manor, Lot 13, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 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 Vicki Niemiller, 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 in the form of an abandoned vehicle at the above referenced address. The Conclusions of law are: Willie R. Bryant Jr. is in violation of Section 95.04. , f. '. It is the Order of this Board that Willie R. Bryant Jr. shall comp'ly with Section 95.04 of the Code of the City of Clearwater within 10 days (9/7/91). 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 Willie R. Bryant Jr. 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 Commi s sian 5 ha 11 determ i ne I may be recorded in the Pub li c Records of Pinellas County, Florida as other liens are recorded. If the ownel" 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, Willie R. Bryant Jr. shall notify Vicki Niemiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute adse concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. - Case # 8 William E. & Willie J. Turner 904 Pennsylvania Ave. aka Pine Crest Sub., elk. 2, Lots 4 & 5 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated ownership was verified through the Property Appraiser's Office. There is a vehicle on the property with no vehicle identification tag. Notice of the violation was sent by certified and regular mail; the certified mail was returned unclaimed. She stated the property was not cited before, but others owned by Turner were. Ms. Niemiller stated the property was first inspected June 11th and posted on July 31st. City submitted composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. She was told by neighbors that ~1r. Turner was aware of the need to remove the vehicle. In response to questions, the Inspector stated someone removed the notice from the vehicle, but the vehicle has not been mQved. MCEB 8 8/28/91 Mr. Cardinal moved that concerning Case No.8 of publ ic Nuisance Clearing List 91-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 904 Pennsylvania Avenue aka Pine Crest Sub., Blk. 2, Lots 4 & 5, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing hel d the 28th day of August, 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 Vicki Niemiller, 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 thare Qxists debris in the form of vehicle at the above referenced address. The Conclusions of Law are: William E. & Willie J. Turner are in violation of Section 95.04. It is the Order of this Board that William E. & Willie J. Turner shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/7/91). 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 William E. & Willie J. Turner. 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, William E. and/or Willie J. Turner shall notify Vicki Niemiller, the City Official who shall inspect the property and not ify the Board of compliance. Shou 1 d a di spute arise concern ing compl i ance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. A question was asked, and discussion ensued, regarding what the City can do to give relief to neighbors in cases such as 1871 McKinley Street. It was stated the Code Enforcement Board is limited to what the code provides, which is governed by Florida Statutes. It was stated City personnel are inspecting the property every month, and they are doing everything they can without infringing on the owner's rights. Case # 35-91 Lokey Oldsmobile, Inc. 2355 Gulf to Bay Blvd. (Land Development Code) Continued from 8/14/91 John Richter, Code Enforcement Manager, requested withdrawal of this case as they have acquired the necessary permitting. Mr. Wyatt moved to withdraw Case No. 35-91. The motion was duly seconded and carried unanimously. T ~of-~ MCEB 9 8/28/91 Case # 40-91 Ernest Rivers 2723 Haverhill Ct., Bldg. 25A (Building Code) Continued from 8/14/91 ~ ~ ~ .. No one was present to represent the violator. Tom Chaplinsky, Construction Inspections Supervisor, stated a satellite dish was installed without a permit. City submitted composite exhibit A, two photographs of the property. He stated he received a complaint from another unit owner in the develo~ffi~"t who said deed restrictions don't allow the disk. Mr. Chaplinsky stated there tHiS been no contact wIth Mr' ~ Ri vers except when a stop work order was handed to him. He stated all that is needed is a permit. He stated it is not a code violation, and he doesn't see any re~son for denial of a permit. In response to questions, Mr. Chaplinsky stated Mr. Rivers just has to show the structural engineering. He st.ated the homem..,ner usually acquires the permit; stating this is a smaller dish. He stated the City can only enforce the permit aspect of the violation, not deed restrictions. Mr. Wyatt moved that concerning Case No. 40-91 regarding violation of Section 103, Standard Building Code as adopted by Section 138.01 of the Clearwater City Code on property located at 2723 Haverhill Court, Bldg. 25A aka Winding Wood Condo 2, Bldg. 25A, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 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 Tom Chaplinsky, Construction Inspections Supervisor, and viewing the evidence, exhibits submitted: City exhibit A, photographs of the property, it is evident that a satellite dish was installed without a permit. The Conclusions of law are: Ernest Rivers is in violation of Sections 103 Standard Building Code and 138.01. It is the Order of this Board that Ernest Rivers shall comply with Sections 103 Standard Building Code and 138.01 of the Code of the City of Clearwater by September 13, 1991. If Ernest Rivers does not comply within the time specified, the Board may order him to pay a fine of $100.00 per day for each day the violation continues to exist past the compliance due date. If Ernest Rivers does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real 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, Ernest Rivers shall notify Tom Chaplinsky, the City Official who shall inspect the oroperty and notify the Board of compl iance. 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 NCEB 8/28/91 10 .j'; , , I' 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 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 appea 1. Upon rece i pt of the Pet i t i on, the Board will cons ider whethel' 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. Case # 44-91 Friedrich E. & Yvonne L. Ulfers 761 Bruce Ave (Land Devolopment Code) Vicki Niemiller, Code Inspector, stated a variance to setback requirements was granted by the Development Code Adjustment Board in November, 1990 with a condition that the school bus be removed from the property. She inspected the property this morn1i19 and the bus is sti 11 there. She first inspected the propet'ly on June 4th and sent notice of the ~; 'lation on June 11th. Ms. Niemil1er spoke to Mrs. Ulfers June 21st and granted an extension to July 21st for compliance. City submitted composite exhibit A, a photograph of the property. In response to questions, Ms. Niemi1ler stated the structure requiring the variance was built prior to acquiring a permit. She stated the bus does not have a current tag, a violation of City code. Mrs. Ulfers stated she initially applied for a variance for a garage. The variance was denied; she appealed and the appeal was denied. She wouldn't take down the structure, and it was suggested she apply for a carport. She made this application, and the variance was granted with the condition she removes the bus. She feels harassed because of the bus. Mrs. U1fers stated all she did was cover the structure with corrugated plastic so she could store her lawnmower and other things. She stated she didn't build anything, You can hardly see the top of the bus behind her fence, and it can be moved. She stated she needs storage for her children's things. She questioned the board1s authority to condition the variance, and she was told they do have that authority. Discussion ensued regarding the avenues the Ulfers have in which to comply. It was suggested to them that enough time has lapsed for them to reapply for a variance. It was also stated an accessory storage structure would be allowed on this location, but a permit would still be required. Discussion ensued regarding whether to allow enough time for the Ulfers to apply for another variance. In response to a question, it was stated a fine is not imposed until the board accepts an affidavit of non-compliance. Mr. Zinzow moved that concerning Case No. 44-91 regarding violation of Section 137.012(e) of the Clearwater City Code on property located at 761 Bruce Avenue aka Mandalay Sub., Blk. 24, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of August, 1991, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. MCEB 11 8/28/91 I" , The Findings of Fact are; after hearing testimony of vicki Niemiller, Code Inspector, and Friedrich & Yvonne Ulfers, and viewing the evidence, exhibits submitted: City exhibit A, a photograph of the property, it is evident that there is a bus on the property at 761 Bruce Avenue and, therefore, compliance with a condition of a variance approval of the Development Code Adjustment Board has not been met. ,. , The Conclusions of law are: Friedrich E. & Yvonne L. Ulfers are in violation of Section 137.012(e). It is the Order of this Board that Friedrich & Yvonne Ulfers shall comply with Section 137.012{e) of the Code of the City of Clearwater by September 14, 1991 . If Friedrich and Yvonne Ulfers do not comply within the time specified, the Board may order them to pay a fine of $25.00 per day for each day the violation continues to exist past the compliance due date. If Friedrich & Yvonne Ulfers do not comply within the time specified, a certified copy of the Ord2r imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute alien against any real or personal property owned by the violator pursuant to Chapter 162, Floridn Statutes. ,If the violatiol1 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 Ot' assigns of the real property where the violation exists. Upon complying, Friedrich and/or Yvonne Ulfers shall notify Vicki Niemiller, 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 for Rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the order and prior to the filing of any appeal. Upon receipt of the Petition, the Board will consider whether or not to recon 5 i del~ or rehear the case. The Board wi 11 not hear ora 1 argument or evidence in determining whether to grant the Petition to Reconsider or Rehear. The motion was duly seconded. Discussion ensued regarding amending the motion to allow the Ulfers time to reapply for a variance. Mr. Z;nzow indicated he did not want to amend his motion. Upon the vote being taken, Messrs. Murray, Cardinal. Zinzow, Choate and Ms. Hiley voted aye. Mr. Hyatt voted nay. Motion carried. UNFINISHED BUSINESS Affidavits of Compliance Case 90-06-2-1 Cl ark H ~1i 11 s vacant lot about 709 Vine Ave Case 90-10-2-1 Clark H Mills vacant lot about 709 Vine Ave MCEB 12 8/28/91 ~~ Affidavits of Compliance cont. ( t...........' \-.., Case 90-12-1-2 Frances Green 806 Jurgens st Case 91-06-1-1 Roger C Ravel/Ray Ulmer vacant lots about 605 Jones St Case 91-06-1-2 Magnum Lease Mortgage Corp 2741 Enterprise Rd Case 91-06-1-6 J foster Jr & Betty Carter 1725 Apache Trail Case 91-07-1-1 Magnum Lease Mortgage Corp . 4745 Enterprise Rd Case 91-07-1-2 Alma M & Cheryl L Taylor 1749 Harbor Dr Case 91-07-1-3 Janet E H Cave 2460 Nash St Case 91-07-2-1 Donald E & Jane E Turpin 1124 Hollywood Ave Case 91-07-2-2 James A & Nancy A Erskine about 301 Pennsylvania Ave Case 91-07-2-3 Christine Keno about 915 Engman St Case 91-07-2-4 John & Kathleen Kondrotas 1374 Mi lton St Case # 48-90 Robert E Hughes, Tre, Rental Properties Trust 1306-1310 N Garden Ave Ms. Riley moved to accept the Affidavits of Compliance in Case Nos. 90-6-2-1, 90-10-2-1, 90-12-1-2, 91-6-1-1, 91-6-1-2, 91-6-1-6, 91-7-1-1, 91-7-1-2, 91-7-1-3, 91-7-2-1, 91-7-2-2, 91-7-2-3, 91-7-2-4 and 48-~0. The motion was duly seconded and carried unanimously. Unfinished Business cant. Christine Keno 915 Engman & 1206 Pennsylvania Ave Affidavit of Non-Compliance Affidavit of Compliance , It was stated the property was brought into compliance by demolition of the structures authorized by the City. Case # 78-89 MCEB 13 8/28/91 rf~,~ Mr. cardinal moved to accept the Affidavit of Non-Compliance, issue the order imposing the fine, and accept the Affidavit of Compliance in Case No. 78-89. The motion was duly seconded and carried unanimously. Seville Condominiums #12, Inc. 2699 Seville Blvd Affidavit of Non-Compliance Tom Chaplinsky, Construction Inspections Supervisor, stated there was one man working to correct the violation. Work is progressing very slowly. Case # 6-91 Mr. Zinzow moved to accept the Affidavit of Non-Compliance in Case No. 6-91 and issue the order imposing the fine. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION John Mavrogiannis dba Auto Import Clinic Request to address Board regarding the fine It was stated the owner of the business was first cited in 1989. The business has since moved. The owner of the property was cited in December, 1990; compliance has not been reached, and a fine is accruing. Case # 130-88 A question was raised regarding legalities of the Board's Order, and it was stated the orders are in accordance with City code and state statutes. It was ,~~ stated another hearing is not required for the order imposing the fine. It was also stated the violator had plenty of time to appeal the order of the Board previously. Mrs. Riley moved to deny the Request to Address the Board in Case No. 130-88. The motion was duly seconded and carried unanimously. "-, Case # 58-88 Anne Graffunder Partial Release of Lien The Assistant City Attorney explained the City's lien was missed during foreclosure on the subject property and it would not be worth the time and expense to reforeclose. lie stated this partial release is specific only to the subject property. Mrs. Riley moved to approve the Partial Release of Lien in Case No. 58-88. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 5:10 p.m. Attest: Cl C' Jj ----4~c'- ~..~~~.Q~_ Sllc~tary MCEB 14 8/28/91