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09/25/1991 (2) .CEB MUNICIPAL CODE ENFORCEMENT BOARD D~TE --I2!L/~5/9/ . I c:27 - /c;2 ;7 .--...,.. f: MUNICIPAL CODE ENFORCEMENT BOARD Meeting of September 25, 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 Clearing List 91-9-2 - Case No. 1 - Case No. 2 - Case No. 3 l " - Case No. 4 ~ ,J ....,.:..:.~ I' - Case No. 5 - Case No. 6 - Case No. 7 - Case No. 8 - Case No. 9 - Case No. 10 '---' MCEB Mark Street 300 Feather Tree Dr aka Feather Tree Sub, Lot 38 New Friendly Village Ioc 2110 Drew St aka Marymont 1st Addn Replat, E portion Charlotte M Powers 1631 Drew St aka Keystone Manor, Blk A, Lot 8 SCG Mortgage Corp 508 Gilbert St aka New Mar~nont Sub 1st Addn, Lot 2 Louisiana Life Insurance Co 1201-1215 Drew St aka Padgett's Est Sub, Lot 1 less S 651 & W 15' Robert L Taylor about 707 Pennsylvania Ave aka Pine Crest Sub, Blk 7, Lot 8 Ruthie Taylor/Lillie M Taylor about 1125 Tangerine St aka Palm Park Replat, 8lk B, Lot 7 Richard S Truesdale about 1404-1406 N Madison Ave aka Fairmont Sub, elk G, Lots 6 & 7 John C Gardner about 701 N Garden Ave aka Rouse's J H Sub, Blk 2, S 33' Lot 13 Norman aie Jr about 300 Pierce Blvd aka MaB 24/02, Sec 22/29/15 1 Comply within 10 days (10/5/91) Comply within 10 days (l0/5/91 ) Comply within 10 days (10/5/91 ) Comply within 10 days (10/5/91) Comply within 10 days (10/5/91 ) Comply within 10 days (10/5/91) Comply within 10 days (l0/5/91 ) Comply within 10 days (lO/5/91 ) Comply within 10 days (10/5/91 ) Comply within 10 days (l0/5/91 ) 9/25/91 r'-t, Public Hearings cont. - Case No. 11 Daoul E Debs 1498 Greenwood Ave aka M&B 32/15, See 22/29/15 - Case Uo. 12 Edward M Graves/Joanna I Ferrell 1355 Jeffords St aka lakeview Est, Blk 2, Lot 3 Nick DiDomenico DBA Ternick Inc. 64 Bay Esplanade (Building Code/Permits) UNFINISHED BUSINESS Case No. 46-91 Affidavits of Compliance - Case 91-8-1-1 Dennis & Judy Watson 1759 Townsend St - Case 91-8-1-2 John or Jo Ann Grepares vacant lot about 1110 Sunset pt Rd - Case 91-8-1-3 Evelyn H leahon, Tre vacant lot about 1122 Sunset pt Rd ;/'~, . ~_/ - Case 91-8-1-4 Simkins Industries, Inc M&B 21-01, See 20-29-16 M&B 33-06, Sec 17-29-16 - Case 91-8-1-5 Mark G Naedel 2944-1/2 Sunset pt Rd - Case 91-8-1-6 David P & Susan R Wood 1048 Jadewood Ave - Case 91-8-2-1 Premier Shelters, lnc 1457 Premier Village Way - Case 91-8-2-2 'Helen L Russell 1871 t4eKinley St Case No. 38-91 Sunburst Fireworks lnc aka Phantom Ine 2416 Gulf to Bay Blvd Case No. 40-91 Ernest Rivers 2723 Haverhill Ct, Bldg 25A Unfinished Business cont. Case No. 44-91 Friedrich E & Yvonne Ulfers 761 Bruce Ave Affidavit of Non-Compliance , \ ,--", MCEB 2 Comply within 10 days (1O/ 5/91) Comply within 10 days (l0/5/91 ) Comply by 10/18/91 Accepted Affidavits Accepted Affidavit; issued order imposing fine 9/25/91 r"\ OTHER BOARD ACTION Case No. 7-91 Anthony Alexiou 7 Rockaway St Request to address the Board regarding the fine Denied request 3 ' ,9/25/91 NEW BUSINESS Status of Lot Clearing Ordinance and Ticketing Process reviewed MINUTES - August 14 & 28, 1991 ADJOURN Approved as submitted 5:15 p.m. (" '\ ~~ I ' CJ MCEB ~ . ~, I' " . ", .. '~," ,.' i' . . I . " " / ..':' ..... f' .. \- ~!.:. ,:... ';... ; .~ ; :r~ <: :1..-... ;'., ,'/ ;. :'.: I,\~' I ;.~ .' . '~: " . .':, . ~ .,....': ,"1 .'. I ' ~ "" I;,. ~;-:!'. 4 :" > . .'1.' ,"II, ': '.', _, ~ .: ", ;"". \ '. '." ~ :,' ,~~: ~ .... : : '. . '..r .' ~ ':1 '::, ::.' ":' '." . ~'~ ' ".... I, . '" ,,~ ". . . ';~", J ' ". ,': I, r " ;.' ..~.:.... , 1 PUBLIC NUISANCE CLEARING LIST 91/09/2, 09/25/91 1. 300 Feather Tree Drive, Clearwater, Florida, Entire Lot, AKA Vacant Lot- Entire Lot- Feather Tree Sub Lot 38. Property Owner: Mark Street, 404 Woodrow Avenue, Largo, Florida 34640. 2. 2110 Drew Street, Clearwater, Florida, Maryrnont 1st Add. Replat, east portion, Parcel # 12-29-15-55818-000-0003. Property Owner: New FrisndJ.y Villago Inc" 2110 Drew Stree":" , Clearwater, Florida 34625. 3. 1631 Drew Street, Clearwater, Florida, Keystone Manor, Blk. A, Lot 8, Parcel # 14-29-15-46566-001-0080. Property OWner: Charlotte M. Powers, 1631 Drew Street, Clearwater, Florida 34615. 4. 508 Gilbert Street, Clearwater, Florida, New Maryrnont Sub., 1st Add., Lot 2, Parcel # 12-29-15-59904-000-0020. Property OWner: SCG Mtg. Corp., North Tower, 4th Floor, 4000 Hollywood Blvd. Hollywood, Florida 33021. .. ,'" ,I IF1.' 5. 1201-1215 Drew Street, Clearwater, Florida, Padgett's Estates Sub., Lot 1 Less S 65 t & Less W 15'. Property Owner: Louisiana Life Insurance Company, P.O. Box 899, Cle~rwater, E'lorida 34617. ' 6. Vacant Lot About 707 Pennsylvania Avenue, Clearwater, Florida, Pine Crest Sub., Blk. 7, Lot 8, Parcel # 10-29-15-69138-007- 0080. Property Owner: Robert L. ~aylor, 13613 120th Street, Largo, Florida 34648. 7. Vacant Lot About 1125 Tangerine Street, Clearwater, Florida, Palm Park Replat'f Blk. B, Lot 7, Parcel # 10-29-15-65736-002- 0070. Property Owner: Ruthie Ta'ylor, Lillie M. Taylor, 807 Vine Avenue, Clearwater, Florida 34615. 8. Vacant Lots about 1404-1406 N. Madison Avenue, Clearwater, Florida, Fairrnont Sub., Blk. G, Lots 6 & 7, Parcel # 10-29-15- 26892-007-0060. property OWner: Richard S. Truesdale, 86 Ladoga Avenue, Tampa, Florida 33606. ": :, :,' ,:~ :,.~..... ;~:,',r:...~:" /0:..: t.~.',::: :::..,":; '~'I '~':'.':' : .~' ",:..,:~1:1 . . ','e',:,,: ~.;''.~~ ,.'~;' ,~..~~:..' :',....~ .;H~',". <~;':'''''., .:.. ".':: :,"'.:. .... '~ ....... :.,~. .~. d . .. r... Public Nuisance 9/25/91 Page 2 9. Vacant r,ot about 701 N. Garden Avenuej Clearwate~, Flor:tda, Rouse's J.H. Sub., Blk 2, S 33' MOL Lot 13, Parcel # 09-29-15- 77148-002-0130. Property Owner: John C. Gardner, P.O. Box 10234, Clearwater, Florida 34617. 10. Vacant Lot about 300 Pierce Blvd. Clearwater, Florida, Metes and Bounds 24/02 in 16/29/15, Parcel # 16-29-15-00000-240- 0200. Property Owner: Norman Bie Jr., 990 Donegan Road, Largo, Florida 34641. 11. 1498 Greenwood Avenue, Clearwater, Florida, Metes and Bounds 32/15 in 22/29/15, Parcel #,22-29-15-00000-320-1500. PropeI.ty Own€/r: Daoul E. Deba I 34 Conrad La ua 1, "Des Rapidss, Quebec, Canada G/C 1H4. 12. 1355 Jeffords Street, Clearwater, Florida, Lakeview Blk. 2, Lot 3, Parcel 4t 22-29-15-48906-002-0030. Owner: Edward M. Graves, Joanna I. Ferrell, 1355 Street, Clearwater, Florida 34616. Estates, Property Jeffords (~~l ......... ,~\ \...,.... /:~ ..:...: ~". '.:'" ~, . ' :,",,~/,:~ ;.f...':~~: ':...r:.r-,': .I',':''-~~~:';'(, \~.l{.~: l:>~:: .'I~" ':~'l,f:.~ . ~ '~'~'t ;......:,,/ ~I".. ,.' .:. I .: ::.~:>n;:.. ',~:: .~, . ;.~':' ;,' ,. <..I,. I' \..~ J~< '~It:: ~..~ " ...., :,~,,~ .... t<....'" " MUNICIPAL CODE ENFORCEMENT BOARD September 25, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude (arrived 3:13 p.m.) William A. Zinzow D. Wayne Wyatt Louise C. Riley Absent: EdwinL. Choate (unexcused) 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. -J' . (~~~.' The meeting was called to order by the Chairman at 3;00 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within th i rty (30) days of the execut i on of the order to be 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 Clearin~ list 91-9-2 - Case No. 1 Mark Street 300 Feather Tree Dr aka Feather Tree Sub, Lot 38 No one was present to represent the violator. John Richter, Code Enforcement Manager, stated there is excessive growth and debris on this property. It was first inspected on August 21stj posted and photographed on August 27th. Ownership was verified through the Property Appraiserls Office, notice was sent by certified mail and the signed receipt was returned. He stated the property owner and the Inspector spoke this morning, and the owner understands he will have ten days to comply. Only a small portion remains in violation. City submitted composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. I a"..,~,.. ' MCEB 1 9/25/91 ,; ;'~~)::.""'~ ~:,t..."':'I'::~ ":.~>:.>.,:.: ....'tl.~.{ ;,~":~'..r~-J.':',.j "~~'..:': 1 I ~::' .~'+'","~'t>-tP'::.: J~,'.'j:~. ...f',I"':.o:l~: ,:,,!\".:' Mr. Cardinal moved that concerning Case No.1 of Public Nuisance Clearing List f"~ 91~9~2 regarding violation of Section 95.04 of the City Code on property located at 300 Feather Tree Drive aka Feather Tree Sub, Lot 38, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of September, 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 John Richter, Code Enforcement Manager, 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 and/or debris at the above referenced address. The Conclusions of Law are Mark Street is in violation of Section 95.04. It is the Order of this Board that Mark Street shall compl~ with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Mark Street. 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 aga i nst the property unt il pa i d. A Not i ce of Lien, in SUl.h 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, Mark Street 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 No. 2 New Friendly Village Inc 2110 Drew St aka Marymont 1st Addn Replat, E portion No one was present to represent the violator. John Richter stated there is excessive growth and debris on this property. It was first inspected on August 21st and posted on August 27th. Ownership was verified through the Property Appraiser's Office, notice was sent by certified mail, and the signed receipt was retur.ned. The Inspector spoke to the owner, Mr. Peter Makris, on September 23rd and informed him the property needs to be cleared within ten days of the hearing. City submitted composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. ....., MCEB 2 9/25/91 '... ' d. ",' " . , '". ..,..~ '~I" .~. ' .,'..'~, ~ ' ; I,,~~ ,.'.\~;~,'.;':i".:.~~'''::'.:~.:-:.:::.~I:,:~' r::';':~":.':'~I"'''\~:/'.I'I.'",'~'~~':''I~':''..~':'.':<4- .:~".'/:'I;'!",i-~':".' '~'.'::,',.:,~ ~.~,:,..,..~J, ..,'..: .':~. ..,.:~P-::..t.. :/'...,:1. .' "j'.'~,.'" 'I, ...~:.~. ...,':, Ml'. Card i na 1 moved that concern i ng Case No. 2 of Pub 1 i c Nu i sance Clear i ng List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 2110 Drew Street aka the east portion of Marymont 1st Add Rep1at, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing he 1 d the 25th day of September, 1991, and based on the evi dence, the 14unicipa1 Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of John Richter, Code Enforcement Manager, 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 and/or debris dt the above referenced address. fo; ,:. The Conclusions of Law are: New Friendly Village Inc. is in violation of Section 95.04. It is the Order of this Board that New Friendly Village Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Friendly Village Inc. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the' property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of 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, New Friendly Village Inc. 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 No. 3 Charlotte M Powers 1631 Drew St aka Keystone Manor, Blk A, Lot 8 No one was present to represent the violator. John Richter stated there is excessive growth and debris on this property. It was first inspected on August 22nd, and posted on August 27th. Ownership was ver'ified through the Property Appraiser's Office, notice was sent by certified mail, and was returned undeliverable. 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 photographs of the property. In response to questions, Mr. Richter stated the house has been vacant quite a while. He stated the posting placard was still in place this morning. .......' NCEB 3 9/25/91 'I, ':' : '\::, . ; ~ .{ ~' .' . "'~'. t , ~4 > r ,:..... ~', .:, ,pf,)~ :,: 1< . 3::! ,; ~:~,,'.~ :f)- : '. ..:~.: ~:: .:;:; ':: ~ ..~ ::,: " . ~:.' ';,: ~', ~ '. <~ . <: I: . ~ ' ,t ;_;, ~ '.. I '. I}."",. .~. .... ~ ." , ",,'. ~ i'/...:., . L . -: :: .~:,..::. -1' .'? ~ \>, ~ ' '; :.; :':\;' : C', ~ ...f.... , ,; : \;.' : I Mr. Cardinal moved that concerning Case No.3 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City code on property located at 1631 Drew Street aka Keystone Manor, Blk A, Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of September, 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 John Richter, Code Enforcement Manager, and viewing the evidence, exllibits 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/or debris at the above referenced address. The Conclusions of Law are: Charlotte M. Powers is in violation of Section 95.04. t '~h It is the Order of this Board that Charlotte M. Powers shall comp'ly with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Charlotte M. Powers. 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, Charlotte M. Powers 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 No. 4 SCG Mortgage Corp 508 Gilbert St aka New Marymont Sub 1st Addn, Lot 2 No one was present to represent the violator. John Richter stated the property was first inspected on August 22nd and posted on August 27th. Ownership was verified through the Property Appraiser's Office, notice was sent by certified mail, and the signed receipt was returned. The Inspector spoke to a representative of SCG Mortgage Corporation who indicated they had difficulty accessing the property. The property recently went through foreclos~re; the owners still reside there, but will soon be evicted. The property was reinspected Viis morning, the front was mowed but not the back yard. In response to a question, he stated this is a repeat violator. City submitted composite exhibit A, a copy of the file of record inc.luding the legal notice and a photograph of the property. In response to a question, Mr. Richter stated it is in a residential subdivision. MCEB 4 9/25/91 .. .:~,' :! : t .,;"~ ':, ,/ :". :':~:",.' ,~.:.\ ~~ ~~I ~.:. i. :i~.~, . ~. !:~ ~ I'~ ::. ,~,;;, \ ~ '; ,'" . ".. .. . "'~" . If ....' '. ", ,',.: .:. '. :~ . :d"" .. ....' ..,.;.~', :, ...,.>... :','~'" ~ ~f, ,. ~,~.... ... ~': : ~ , ;:. '; ~ .' .I~ ......;' ..:.l. ;', :.,' ~ t !, :", ~. ';.-' t :,.'. ~ . Mr. Cardinal moved that concerning Case No.4 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 508 Gilbert Street aka New Marymont Sub, 1st Addn, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of September, 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 John Richter, Code Enforcement Manager, 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 and/or debris at the above referenced address. The Conclusions of Law are: SCG Mortgage Corp. is in violation of Section 95.04. It is the Order of this Board that SCG Mortgage Corp. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 SCG 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 P'inellas County, Florida as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission Inay assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, SCG Mortgage Corp. 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 No. 5 Louisiana Life Insurance Co 1201-1215 Drew St aka Padgett's Est Sub, Lot 1 less S 65' & W 151 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by regular and certified mail, and both letters came back undeliverable. This is a repeat violator. The property was first inspected on August 19th and posted on August 22nd. The Inspector reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. ...., MCEB 5 9/25/91 ?r':"':{:'~':'>::::y~>~t~ :':;":;':'L:'::),~:~>: :.:/.~, I::~.:'" ';~:J'; .,< '.::.~'.'; ~ "' . ;s. \.'. ..:' ,;i: r,~~. , ")0'..1... "...! .,. ~ ;. ~,~. . '<. : .. .;':: .....1, ';~ fh. 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Mr. Cardinal moved that concerning Case No.5 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 1201-1215 Drew Street aka Padgett's Est Sub, Lot 1 less S 651 & W 151, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hear i ng he 1 d the 25th day of September, 1991, and based on the ev i dence, 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 compos ite 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/or debris at the above referenced address. The Conclusions of L~w are: Louisiana Life Insurance Co. is in violation of Section 95.04. It is the Order of this Board that Louisiana Life Insurance Co. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5i91). 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 Louisiana Life Insurance Co. 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 remedi a 1 act ion after the time specified I 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, Louisiana Life Insurance Co. 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. Robert L Taylor about 707 Pennsylvania Ave aka Pine Crest Sub, Blk 7, Lot 8 Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on the property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the signed receipt was returned. She submitted City composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. The property was first inspected on August 16th, and was posted on August 22nd. She reinspected the property this morning and the violation still exists. - Case No. 6 MCEB 6 9/25/91 ,~:,:i...~.:~,I:.+. :....,">J'.~' ~._::,i,~:,.4~.;:;..,,-r<'..~.::.,...,....,.;:;;P1..,. '4~~."'..'~""'''~~ .:~:'. ~4:';.;.t..',>:r~:,' ..,.'~: l~,,:.'~ '::~ ~'.".:~r'. ,\.:.~!,'~:'; .,..:l..... :""; 1 '. .. .\,.':,..:...' P; ..':..;; .l,; .' -. .: Robert Taylor stated he removed 95% of the debris, but there is still some debris including four tires on the property. Mr. Taylor stated neighbors are dumping on hi s property, and he doesn I t know how to di spose of the tires. In response to questions, Mr. Taylor stated the Sanitation Division removed 95% of the debris. Mr. Taylor stated the storm in April is what caused the debris to get out of hand. Ms. Niemiller suggested Mr. Taylor could post no dumping signs. It was also stated the tires can be taken to Solid Waste Management. Discussion ensued regarding the dumping problem, and it was suggested it may stop if Mr. Taylor was seen clearing the property morc often. Mr. Cardinal moved that concerning Case No.6 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 707 Pennsylvania Avenue aka Pine Crest Sub, 01k 7, Lot 8/ the Municipal Code Enforcement Board has heard testimony at the Mun ic ipa 1 Code Enforcement Board heari ng he 1 d the 25th day of September, 1991, and based on the ev; dence, 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 Robert Taylor, 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 and debris in the form of old tires and other miscellaneous debris at the above referenced address. The Conclusions of Law are: Robert L. Taylor is in violation of Section 95.04. It ;s the Order of this Board that Robert L. Taylor shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 cond it i on / without further notice to Robert 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, Robert L. Taylor 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. '.......1' MCEB 7 9/25/91 ..~, ~':~ ~. : ,) ~ . '. :' ,'~ -; ~ *', ,...:' . ~.: ' ,'i.;; :,. .: ~"... Y.'::: I ':::. ;'~. ~:;~. . .: 'r..~: ,'... ~...::. . ~: : ~ J' i . ... ~ "t~', I,,: ~ ',~:' ~ " < ',~' : :.: 'l. .~. :-..... '.,,' .....': ." '} ":: """:, ~.: '~". .1 ) .; : ,~. ~.. , ., ~ ~ .'. ' ...... , ... ~'. I'; \.... ,":' ': ~', " I ~ ' " ' .: " . I, ..,',. .':~ "" ~ Case No. 7 Ruthie Taylor/Lillie M Taylor . about 1125 Tangerine St aka Palm Park Replat, Blk B, Lot 7 No one was present to represent the violator. ('" Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the certified letter came back unclaimed. The property was first inspected on August 12th and posted on August 22nd. City submitted composite exhibit A, a copy of the legal notice and a photograph of the property. Ms. Niemiller stated she reinspected the property this morning and the violation 5till exists. ' Mr. Cardinal moved that concerning Case No.7 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 117.5 Tangerine Street aka Palm Pnrk Rcplat, Blk B, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hear; n9 he 1 d the 25th day of September, 1991, and based on the ev i dence, 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, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Ruthie Taylor/Lillie M. Taylor are in violation of Section 95.04. It is the Order of this Board that Ruthie Taylor/Lillie M. Taylor shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Ruthie Taylor/Lillie M. 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 pa id. Upon complying, Ruth ie Taylor/Li 11 ie M. Taylor 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. ........,... MCEB 8 9/25/91 ! . ~...... ~ t 1(' '~ ~.: ~ :,,' :""',. \.;; .,~"; .:,. ~.,'. ,~~ ' .: "~,: ~', . ~;' .i, . "~ ,:' ~";: I". ' . '::,' ., ~ .; : ',., ~~ . . ,..., '., ,;. ~ <. ... ; ~.. " .~. i:;, 4 .:' - . ,~' . ~.. . ~'... ", : : '.. .. . +: \" .::: ': ( . . / '. , "u 't ., : , '..:, -. ; 4 -.. "... "" ..:~ ~.'+ ,'" . ~ ' . ,'""+,' , '.; ': t - Case No. 8 Richard S Truesdale about 1404-1406 N Madison Ave aka Fairmont Sub, Blk G, Lots 6&7 t No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the signed certified receipt was returned. Ms. Niemiller stated this is a repeat violator. She first inspected the property on August 12th and posted it on August 22nd. She reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the legal fHe including the legal notice and a photograph of the property. Mr. Cardinal moved that concerning Case No.8 of Public Nuisance Clearing List 91-9-2 regardinu violation of Section 95.04 of the CHy COOP. on property locatod at about 1404-1406 N Madison Avenue aka Fairmont Sub. Blk G, Lots 6 & 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board head ng he 1 d the 25th day of September, 1991, and based on the evi dence, 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, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Richard S. Truesdale is in violation of Section 95.04. It is the Order of this Board that Richard S. Truesdale shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Richard S. Truesdale. 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, Richard S. Truesdale shall notify Vicki Niemillerl 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 9 9/25/91 ~:'~ :.~~~:} ; .,' 'I .::, ''''.7 :', " ~~, ~. '~':I .--:: 1 ~~. ~ ~ .":":,', " J. ~., ::..;,;, ..... / .: ~ ~ .~ ",I..;' ", '-'~-"""tl'.'oJ :':\'" I, ..... ~"1' ~ ,', ,~~!'.:.I '.~ ,\~ ";' .,;'~:" .. ~,..~ , /'":,...'. ~.,,::..,.' 'j. .) f._ " ;I',~;,~~ '~t,.~.. rI :,: - Case No. 9 John C Gardner about 701 N Garden Ave aka Rouse's J H Sub, Blk 2, S 33' Lot 13 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris at this address. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the signed certified receipt was returned. This is a repeat violator. She first inspected the property on August 23rd, and posted it on August 27th. Ms. Niemiller stated she reinspected the property 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. Cardinal moved that concerning Case No.9 of Public Nuisance Clearing List 91-9.2 regarding violation of Section 95.04 of the City Code on property located at about 701 N. Garden Avenue aka Rouse's J H Sub, Blk 2, S 33' MOL Lot 13, the Municipal Code Enrorc~ment Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of September, 1991, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact. Conclusions of Law. and Order. c The Findings of Fact are: after hearing testimony of Vicki Niemiller, Code Inspector, and vie\~ing 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 materi a 1 sandi or debri s at the above referenced address. The Conclusions of Law are: John C. Gardner is in violation of Section 95.04. It is the Order of this Board that John C. Gardner shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the propert.y and such action as is necessary to remedy the condition, without further notice to John C. Gardner. 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 Co~"ission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, John C. Gardner 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. "'..,~ MCEB 10 9/25/91 ;;..:..;,l:, _I~l : :- ~t {c;" . ~ ~..: ~.H: !' r ~ :' :0 'I: ' ;", ~ ;'_/ 1 ~i~. ::...), '... :..: :;:" ; "': ": ..., " . . .... ; +"':..:. P.. :'<: ~/.. .~.:. > ~',.,~ '.' " !" . :\,' ,.' ,; I l,,~' ':~' . .~ : . ~ ': ~ ': ':,,;,,~, ;'~~ _, ~ I' t., I, . :,~. .: :.. ,t. .,~ .: ., .. l.:;'. . ~ " . :'~ , ': ,: ' ~. .', - Case Ho. 10 Norman Bie Jr about 300 Pierce Blvd aka M&B 24/02, Sec 22/29/15 No one was present to represent the violator. Vicki Nienliller, Code Inspector, stated there is excessive growth and debris on the property. Ownership was verified through the Property Appraiserls Office, and this is a repeat violator. Notice was sent by certified and regular mail. and the signed certified receipt was returned. Ms. Niemiller stated she first inspected the property on August 19th and posted it on August 22nd. 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 photogrAphs of the property. In response to a question, Ms. Niemiller stated the property is on the bayfront. She does not know what the zoning is. Mr. Cardinal moved that concerning Case No. 10 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 300 Pierce Blvd. aka M&B 24/02, Sec 16/29/15, the Municipal Code Enforcement Board has heard test imony at the Muo i c i pa 1 Code Enforcement Board hearing held the 25th day of September, 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: afr.4r hearing testimony of Vick i Niemi ller, Code Inspector. and viewing the evidence, exhibits submitted: City composite exhibit A - ~"" ! a copy of the fi le 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/or debris at the above referenced address. The Conclusions of Law are: Norman Bie Jr. is in violation of Section 95.04. It is the Order of this Board that Norman Bie Jr. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Norman Bie 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, Norman Bie 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 Boat'd. The motion was duly seconded and carried unanimously. '~i".- r MCEB 11 9/25/91 :",~,:.;""~:J::,_..:..~~,,,:::;~f,;'i:,."" ,"';:".,:'....~,~.~I,::,~,.'~ ....>,..~I~:, .'I.~'~"_./. ..I.~/.:IJ .'I'...~: :.,..~............q~, ~ i:".,.~L,: " ~'.', "f'/l ~...:,..::."t,:.' .,~", j' -~. "::"I~,;::.~' ,.,,:"':; - Case No. 11 Daoul E Debs 1498 Greenwood Ave aka M&B 32/15) Sec 22/29/15 f No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by registered mail, and the signed receipt was returned. She first inspected the property on August 12th and posted it on August 22nd. She reinspected the property this morning and the violation still exists. City submittPod composite exhibit A, a copy of the legal notice and photographs of the property. In response to a question, Ms. Niemiller stated this is a repeat violation. Mr. Cardinal moved that concerning Case HO. 11 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 149B Greenwood Avenue aka M&B 32/15, Sec 22/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of September, 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 photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Daoul E. Debs is in violation of Section 95.04. It is the Order of this Board that Daoul E. Debs shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). Upon failure to comply within the time ~pecified, the City Manager may authorize the entry upon the property and such act i on as is necessary to remedy the cond i t ion, without further notice to Daoul E. Debs. 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, Daoul E. Debs shall notify Vicki Niemiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning conlpliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. I ......... MCEB 12 9/25/91 .:....; _,. ~:,,\,....~.'.\4-;"... ,~:.i;'I':'!... .-..1,; "~,I'~..i:'.:'I,: _:.~"....I"'.".."" ~.~..::'~.... :";'_!~:"':::',.,:~". ~~: .... .~~", ... ;. .;,~I"'~""I,)'l':..::':,.'f ~" ~.: .,j"~'''''.:\.'..''.,/'. ~ ...'.. .:,~ .l,,"'~' ~,:.".; :."'. '''._.' - Case No. 12 Edward M Graves/Joanna I Ferrell 1355 Jeffords St aka Lakeview Est, Blk 2, Lot 3 No one was present to represent the violator. (' I, Vicki Niemil1er, Code Inspector, stated there is excessive growth on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail which was returned noting a new address. The notice was remailed to the new address by certified mail and the signed receipt was y'eturned. The Inspector first inspected the property on August 12th and posted it on August 15th. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. The property was reinspected this morning and the violation still exists. In response to questions, Ms. Niemiller stated the zoning is residential and, to the best of her knowledge, it is not a repeat. Mr. Cardinal movod that concerning Case No. 12 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 1355 Jeffords Street aka lakeview Est, Blk 2, Lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hear i ng he 1 d the 25th day of September, 1991, and based on the evidence t 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 photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Edward M. Graves/Joanna I. Ferrell are in violation of Section 95.04. It is the Order of this Board that Edward M. Graves/Joanna I. Ferrell shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Edward M. Graves/Joanna I. Ferrell. 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, Edward M. Graves/Joanna I. Ferrell 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. ..........' MCEB 13 9/25/91 ;:'.7!.,...;:,...~...~..,~....J~('r.t~.:.~~. ..,t~L.T.L..',i. :.i...'\'~~.J:I,;; .'..:...\.~~...:l.":,~ '.t/~'.+~';: ,i~~:::, .."..;,I..-.,:,'..~./I.::~..:..: 't.'~'.,~'.: : ,....,~: ~:,..~'._,. .~,:.;:..' :",':";-.:' . \"' .~.. 't., . 'ltl".~ ,...<.".~..J ..... .': Nick DiOomenico OBA Ternick Inc. 64 Bay Esplanade (Building Code/Permits) TomChaplinsky, Construction Inspections Supervisor, stated this case involves work he; ng done wi thout a permi t. Th i s is a mote 1 bu i1 ding, and the owner of the building obtained a permit to add on a two-story addition. The upstairs portion of the add i t ion, wh i ch was expand i n9 an apartment to make two bedrooms, and the downstairs portion under the upstairs bedrooms, which was an expansion for a laundry room and an office, were both inspected, approved and certificates of occupancy issued. At some later date after issuance of the certificate of occupancy, some additional work was performed in the units in that the opening on the newly created two bedrooms was closed off, and a kitchen was installed in one of the two rooms. That created another rental unit. Downstairs, the original plan was a laundry room and an office, each with a water closet and a lavatory. After the certificate of occupancy was issued, each of these units had a shower installed and a kitchenette unit. This work was done without a permit. There are other problems regarding zoning which will have to be addressed in order to get the work permitted. City submitted exhibit A - a copy of the original plan as permitted and certificate of occupancy issued, and exhibit 8 - a copy of a proposed plan. An application was received for work completed, which indicates the present existing conditions and for which no permit has been issued. Case "0. 46-91 ~: In response to a question, Mr. Chaplinsky stated the proposed plan submitted will be rejected because it does not contain the complete plan, it only contains one of the downstairs rooms. It does contain the two rooms upstairs as they have been modified, and shows proposed additional changes. When they remove one kitchen upstairs and install a dOOf, it will be back to a two bedroom unit as the original plan proposed. The new plan does not depict the office, but it is a mirror image of the laundry room. He stated it was submitted to the City yesterday. In response to questions! he stated it is the Cavalier Motel. He stated the application submitted is not completed, and the drawing as submitted will not be approved by zoning and, therefore, a permit can not be issued. The problem lies with the shower and kitchenette. In response to a question, Mr. Chaplinsky stated it will require removal of plumbing to bring it to code, and a permit will be required fal' the required work. He stated it will also require inspections, possibly opening up of some walls, for the new kitchen upstairs. Mr. Chaplinsky stated a letter of complaint, received from a neighbor, instituted the inspection. Mr. DiDomenico, President of Ternick, Inc., stated he'purchased the motel and spent $200,000 to upgrade the motel. He stated Ternick, Inc. is a family business. Mr. DiDomenico questioned the assumption that a room is being used as a motel unit. He stated he is willing to correct the violation; however, he stated he has to be out of town due to business problems. He will be back the first of November at which time he would like to work with Mr. Chaplinsky to correct the situation. Discussion ensued regarding the original plan and zoning, and it was stated the original plan was permitted as proposed as an office and laundry. The added bathing facilities were not approved or permitted. t4CEB 14 9/25/91 ...~ '. (. . .t, >.' In response to a question, Mr. Chaplinsky stated the permit could be acquired with removal of some of the plumbing that was added after the certificate of occupancy was issued, and without a permit. Regarding Mr. DiDomenico's concern that he will be out of town until November 1st, Mr. Chaplinsky stated this is commercial property and there is a licenser contractor who has applied for a permit. A few weeks to complete the work is acceptable. All that is involved is to remove some plumbing fixtures, open the wall upstairs to make it one unit, and to provide holes in the wall for inspections of the plumbing. Mr. DiDomenico stated a condition of approval was removal of an aluminum shed used for storage. Now they don1t have any room for storage, so part of the laundry room is used. The upstairs was closed off for their teenagers. Tom Chaplinsky stated, in closing, Mr. DiDomenico does not deny the work was done wi thout a perm'i t. The 0 ther issues have not been cited. I n response to a question regarding how much time is needed to comply, he stated three weeks would be adequate. Due do the nature of the work, Mr. DiDomenico doesn't need to be here. Mr. DiDomenico stated he would like to be here to oversee the work because he doesn't know the contractor. In response to a question regarding posting those areas of the property that are not to be occupied, Mr. DiDomenico stated he would do that only for the downstairs. In response to a question, Mr. Chaplinsky stated the upper units may have electrical work that was not inspected which could be a danger. He stated the work required could be accompl ished in a short period of time. In response to a question, he stated the original notice of violation was issued in May. In closing, Mr. DiDomenico stated the last meeting he had with City personnel was in August. At that time, he could not do the work because the motel didn't have much business, and he didn1t have the money. He stated he was just starting to improve on the property. At that time, the shower in the office was the problem. In response to a question, Mr. Chaplinsky stated they have an architect working with them on the plans. It was stated it is in the architect's scope of responsibility to see that the work is done properly. He stated his understanding was the upstairs was to be th~ ownerts or manager's, apartment with the office and laundry room immediately below. As it turns out, however, the owner's unit is at the furthest end of the building. Discussion ensued regarding whether an order could require completion of the work, as well as obtaining a permit. Mr. Salzman advised the Board the order could only address the violation for which Mr. DiDomenico was cited, that is, not having a permit. Mrs. Riley moved that concerning Case No. 46-91 regarding violation of Section 137.006(b) of the City Code on property located at 64 Bay Esplanade aka Mandalay Unit No 5 Replat, Blk 79, part of Lot 2 lying N of Rev Layout of Clearwater St and Lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of September, 1991, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. MCEB 15 9/25/91 :~:, . , ':-' "~'. .,'...' ~ ~, , \,: . ~. : .. ~:,'. ~:, ': I . ':",,":, ... , . , '. ~: ' ! .~': ,.., , .. :.....; :. ~,' . ".: :,1 . ~ ~ I ~ ~. ~.: J. " t _~, ....:. ': I . -,' ~, ... . ... ~ \~, ",' ~ ~,..:-;. I ' ,. .,', I '. ' ", ~ I.: ~", . .:, ...,. ':', '" ' . , .~", The Findings of Fact are: after hearing testimony of Tam Chaplinsky, Construction Inspections Supervisor, and Mr. DiDomenico, and viewing the evidence, exhibits submitted: City Exhibit A - a copy of the original plan for renovations which was permitted, the work completed, and a certificate of occupancy issued, and Exhibit B - a copy of a proposed plan, of which the work is completed, it is evident that Mr. DiDomenico did not obtain a proper building permit for the additional construction (Exh. B) from the Building Dept. to make further additions to his mote 1 . The Conclusions of Law are: Nick DiDomenico is in violation of Section 137.006(b). ' f '/ ,I ":,' It is the Order of this Board that Nick DiDomenico shall comply with Section 137.006(b) of the Code of the City of Clearwater by October 18, 1991. If Nick OiOomenlco does not comply within the tim~ specified, the Board may ordel' them to pay a fine of $200.00 per day for each day the violation continues to exist past the compliance due date. If Mr. DiDomenico 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, Mr. DiDomeniCO shall notify Tom Chaplinsky, 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 fil ing 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. Aude abstained from voting in this case due to a conflict of interest. UNFINISHED BUSINESS Affidavits of Compliance - Case 91-8-1-1 Dennis & Judy Watson 1759 Townsend St - Case 91-8-1-2 John or Jo Ann Grepares vacant lot about 1110 Sunset pt Rd - Case 91-8-1-3 Evelyn H Leahon, Tre vacant lot about 1122 Sunset pt Rd "-, MCEB 16 9/25/91 Affidavits of Compliance cant. - Case 91-8-1-4 Simkins Industries, Ine M&B 21-01, See 20-29-16; M&B 33-06, See 17-29-16 - Case 91-8-1-5 Mark G Naedel 2944-1/2 Sunset pt Rd - Case 91-8-1-6 David P & Susan R Wood 1048 Jadewood Ave - Case 91-8-2-1 Premier Shelters, lnc 1457 Premier Village Way - Case 91-8-2-2 Helen L Russell 1871 McKin1ey St Case No. 38-91 Sunburst Fireworks Inc aka Phantom Inc 2416 Gulf to Bay Blvd Case No. 40-91 Ernest Rivers 2723 Haverhill Ct, Bldg 25A Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 91-8-1-1, 91-8-1-2, 91-8-1~3, 91-8-1-4, 91-8-1-5, 91-8-1-6, 91-8-2-1, 91-8-2-2, 38-91 and 40-91. The motion was duly seconded and carried unanimously. ~l' ~ ~~>~ Unfinished Business cant. '''-'.' Case Uo. 44-91 Friedrich E & Yvonne Ulfers 761 Bruce Ave Affidavit of Non-Compliance Mr. Aude moved to accept the Affidavit of Non-Compliance in Case No. 44-91 and is s ue the order i mpos i ng the fine. The mot i on wa s du 1 y seconded and carr ied unanimously. In response to a request for the status regarding Sunburst Fireworks, Tom Chap l-insky, Construction Inspect ions Supervi sor I stated a sprink ler system was installed which brings them into compliance with the code. He stated he is waiting for a drawing confirming the four hour fire wall between the units; and if not received soon, they will be cited for violation of that code. In response to a question, he stated the water connection for the sprinkler is about 40 feet from the building. MCEB 17 9/25/91 f ) "!J \ ;I \ . ........./ OTHER BOARD ACTION Case "0. 7-91 Anthony Alexiou 7 Rockaway St Request to address the Board regarding the fine , The Secretary to the Board reviewed the case dates and violations cited. Mr. Wyatt moved to deny the request in keeping with the Board's policy to not consider an accrued fine until compliance is obtained. The motion was duly seconded and carried unanimously. NEW BUSINESS Ms. Riley requested the status of the new ordinance regarding code enforcement. John Richter, Code Enforcement Manager, reviewed the ordinance and stated second reading is scheduled for October 3rd. He stated they are making another amendment to impose a penalty for repeat violators. Mr. Zinzow requested the status of the ticketing process. John Richter stated it is now in effect and has been used successfully as leverage to get compliance. He stated no tickets have been issued because people have corne into compliance. There are some difficulties for the Code Inspectors issuing tickets. The Inspector has to issue the ticket to the violator, some of which might be out of state or just not answering their door. MINUTES - Meetings of August 14 and 28, 1991 Mr. Aude moved to approve the minutes of the meetings of August 14 and 28, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 5:15 p.m. Attest: J"a;d2~W7:.~',{,<UYC.G({d~-< _ " Cho I fllUJll . I . ~~?:. )j--~... Secretary ~'CEB 18 9/25/91 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I ;fOtEs I, ~~~ w.fA~II: JOIf Ii Mecvk.KOEJlFCf.'a;;;€;iITOkITV, all l'OMMI nEE MAILING ,\I>llHl:.:';S TIlE 1l0"Rl>. COUNCil. COMMISSIO~. .\U11I0IIIlY OK COMMlrTEE ON /7/1 f!;~<'ll/~CJv ;:;1(f/t3. WIII9YSERVE1SAlINIl"OF: D""CIIV 0 COUN'Y 0 OlllEII l.OCAI,A(jENCY l'll v {iL/' (('i vif1t:t~.. 1ft, COIJNlY PI/ / c:tlll0 NAME 01' I'GUTICA!. SUIlDIVISION: C/7~{ Ir (}.UAI\IVA-rtEl( 1>.\ lE ON WIIIC'I! VOl E OCCIlRRED .~:cf'1 ~G /11/ MY I'OSITION IS: C EI.ECTIVE A"I'OINflVE WHO MUST FILE FORM 8B This form is for use by any persoll serving at the county, city, or other locallt:vel or government on all appo/mcd or elected board, council, commission, authority, or commillee. It applies equally to members of advisory and non-advisory bodies who are presented with a vOling connicl of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a connict of interest will vary greatly depending on whether you hold an elective or 3ppointive position. For this reason. please P3Y close 311ention to the instructions on this form before cClmpleling the reverse side and filing Ihe form. f^ ' 1~._ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person hOlding elective COUlll)'. municipal, or Olher Joc31 public officc MUST ABSTAIN from ,"oting on a measure which inures to his special priv31e g3in. Each local officer also is prohibiled frOIll knowingly voting on a me3sure which inures to the special gain of a princip31 (other than 3 govcrnmeOl agency) by whom he is retained. In either case, you should disclose the conniet: PRIOR TO THE VOTE BEING TAKEN by publicly stating to Ihe assembly the nature of your interest in the me3sure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by complcling and filing [his form with thc pmon responsible for recording the minutes of the meeting, who should incorporate Ihe form in Ihe rninutc~. APPOI.'HEU OFFICERS: r\ person hOlding appointive COUlll)', municipal, or other local pUblic office i\IUST ABSTAIN from vOling on J measure which inures 10 his special private gain. Each local olTiccr also is prohibited from knowingly voting on a rne3sure whieh inures to the special gain of a principal (other Ihan a governl1lelll agency) by whom he is rewined. A person hOlding an appointive local office otherwise may participate in a maIler in which hl' has <l conniel of inrerest. but must disclose the t;tature of Ihe conniet before making any atlemplto influence the decision by oral ur wrillen communication. whether made by thl.: orricer Or 31 his direclion. IF YOU INTEND TO MAKE ANY ATTEr...1PT TO INFLUENCE THE DECISION PRIOK TO THE :vIEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file Ihis form (before making any :illempt to influence the decision) Wilh Ihe person responsible for recording the minutes of the meeting, who will incorporale thc form in Ihc minutes. · A copy of Ihe form should be provided immediately 10 lhe olher members of the 3gCl\l:Y. . The form should be read publicly ;ltlhe meeting prior to consideration of the mailer in which yOll h3ye a eonllict of interest. (I 1'111 "I 'I' . '-"I I'.\q I IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the ntlture of your connict In the measure before participating. · You should complt'l~ the form and file it within IS days after the vote occurs with the person responsible for recording the minut of the meeting, who should incorporate the form in the minules. I, -.tt./~~7('T ,AflC6 DISCLOSURE OF LOCAL OFFICER'S INTEREST 25 r;Y7~ r /' ,19C!/ : , hereby disclose that on (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or ~nured 10 the special gain of MK. OIt?/fIJ1GJVtc/O . 111f/ EM'/d'f~ I- , by whom ..-. relained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ,/ fJ1K, (J/t:1JIrlDll/CO BY/Plt'Y/i=V fYjClf/l1n? I1/2Cff17tl./? 10 ~(!;;(/ meta trXPIMI?/C/J f1J1? C'11f/.A-t/E1\ ()7/TCL #I jlIllC. Mlt?~ /? Ef}J!7LfJrED 80/ rrJtl-//1711-;; 1l1tC#17lZ.1:) 2,t.3?ffT /111 Dale Filed NOTICE: UNDER PROVISIONS OF r.l.ORlDA STATUTES s1l2.317 (1985), A FAILURE TO MAKE ANY REQU: l....' DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOW. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTJON IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. C[ FORM kU. Pll . "AG[ f, (~..