12/09/1992 (2)
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CEB
MUNICIPAL CODE ENFORCEMENT BOARD
DATE
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of December 9, 1992, 3:00 p.m.
Agenda
Action
PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the same time, set the fee to
be assessed In case of non-compliance.)
Case No. 86-92
Case No. 93-92
Case No. 96-92
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Case No. 97-92
Case No. 98-92
Case No. 99-92
Case No. 100-92
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CBA 126.92
Warson Road Development Company
924 Pierce Street
(Land Development Codel
Continued from 11118/92
Comply within 30 days (118/93)
Johnnie L. and Willie J. Criswell
1451 South Madison Avenue
(Standard Housing Code)
Continued from 11/18/92
Comply within 60 days (217/93)
Qpie and Elizabeth Tittle
81 0 Audubon Drive
(Land Development Code)
Corrected prior; if repeats
violation, may be fined $25/day
for each day of the repeat violation
Finis Coulis
921 Eldorado Avenue
(Land Development Code)
Request to withdraw; Complied prior
Withdrawn
Edward and Barbara Davis
300 Midway Island
(Land Development Codel
Corrected prior; if repeats
violationl may be fined $50lday
for each day of the repeat violation
Chris and Vivian Carassas
1391 Gulf to Bay Boulevard
(Land Development Code)
Found repeat violation did exist;
fine not imposed this time
Church of Scientology, Inc.
700 Chestnut Street
(Fire Code)
Request to withdraw; Complied prior
Withdrawn
12109192
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UNFINISHED BUSINESS
Nation Wide Land Corporation
1822 Drew Street
Affidavit of Compliance
Accepted Affidavit
Case No. 57-92
Matco Development Corporation
1810-1 820 Drew Street
Affidavit of Compliance
, Accepted Affidavit
Case No. 65-92
Robert E. Hughes, Trustee
1312 N. Garden Avenue
Affidavit of Non-Compliance
Accepted Affidavit; issued order
imposing the fine
Case No. 66-92
Robert E. Hughes, Trustee
1310 A&B N. Garden Avenue
Affidavit of Non-Compliance
Accepted Affidavit; issued order
imposing the fine
OTHER BOARD ACTION/DISCUSSION
Case No. 77-86
David and Virginia Chilcote
1478 Plateau Road
Request to address Board re fine
Request denied
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"~l>"MINUTES - Meeting of November 18, 1992
Approved as submitted
CBA 12n.92
12109/92
ADJOURN
4:55 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
December 9, 1992
Members present:
William Murray, Chairman
D. Wayne Wyatt, Vice-Chairman
William A. Zinzow
Stephen D. Swanberg
Louise C. Riley
E.J. Robinson
Absent:
Thomasine Fontana-Smith (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 disclIssed in that order.
The meeting was called to order by the Chairman at 3:00 p.m. in the Commission Meeting
Room in City Halt. 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 Pineltas
County. Any such appeal must be flied within thirty (30) days of the eXEicution 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
Case No. 86-92
Warson Road Development Company
924 Pierce Street
(Land Development Code)
Continued from 11/18/92
Mr. James Kahlmeyer, President of Warson Road Development Com pany, stated he agrees
the violation exists. He met with city staff t stating they were sympathetic but could not do
anything to help him. He questioned what his option would be if the plants are stolen again.
It was stated he could be cited again if the landscaping is removed. The City Commission
has the power to change the code.
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December 9, 1992
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In response to concern expressed by Mr. Kahlmeyer that businesses are leaving Clearwater
due to lack of flexibility regarding code requirements. John Richter. Code Enforcement Manager
stated anyone can apply for a variance to the code.
Member Wyatt moved that concerning Case No. 86-92 regarding violation of Sections
136.023(bl, (c)( 1 )(3), and (h)(11 of the Clearwater City Code on property located at 924 Pierce
Street a/k/a Coachman Heights Rev., block A, the east 25 feet of the south 20 feet of lot 2 and
the east 25 feet of lots 3 and 4. less the street, the Municipal Code Enforcement Board has heard
testimony atthe Municipal Code Enforcement Board hearing held the 9th day of December, 1992,
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 James Kahlmeyer and John Richter,
Code Enforcement Manager. and based on Mr. Kahlmeyer's statement admitting the violation
exists, it is evident that the landscaping required by code does not exist at 924 Pierce Street.
The Conclusions of Law are: Warson Road Development Company is in violation of
Sections 136.023(b), (c)(l )(3), and (h)(l).
It is the Order of this Board that Warson Road Development Company shall comply with
Sections 136.023Ibl, (0)(1 )(3), and (h)(11 of the Code of the City of Clearwater within 30 days
(1108/931. If Warson Road Development Company does 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 Warson Road Development Company does not comply
within the time specified, a certified copy of the Order imposing the fine may be recorded in the
Public Records of Pine lias 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, Warson Road
Development Company shall notify Rick Albee, 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 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.
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Docornbor 9, 1992
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Case No. 93~92
Johnnie L. and Willie J. Criswell
1451 South Madison Avenue
(Standard Housing Codel
Continued from 11/18/92
No one was present to represent the violator.
Dixie Walker-Duncan, Housing Inspector, submitted Exhibit A - a photograph of the posted
notice of hearing, and composite Exhibit 8 A additional photographs of the property. She first
inspected the property March 9. The tenant would not allow an inside inspection; the outside
was in poor condition including broken siding and rotten door jambs. A certified letter regarding
the violations was sent and signed for in May by Pamela Criswell, a daughter who lives next door.
She and Mr. Criswell tlsked for a six month extellslo/1 during which time there had been no
progress. Notice of this hearing was posted and relayed verbally. Pamela Criswell stated doors
were purchased and requested a couple more months. The Inspector recommended 60 days be
allowed.
In response to questions, the Inspector stated no permits have been acquired. The
property is now vacant and secured so there is no health or safety hazard. The verbal notification
was given to the daughter since Mr. Criswell lives in Georgia; however, Mr. Criswell is aware of
the violations. The Inspector stated it is evident from the bug damage and droppings on the
outside that the condition is similar inside. Regarding the windows, there are no screens and one
window is inoperable. Code requires they be operable for proper ventilation.
Member Wyatt moved that concerning Case No. 93-92 regarding violation of Sections
304, 305.2, 305.3, 305.7, 305.12, 305.13, 305.16 and 305.23, Standard Housing Code as
adopted by Section 143.01 of the Clearwater City Code on property located at 1451 S. Madison
Avenue a/k/a A.H. Duncan's Resubdivided Subdivision, the north 44 feet of the west 125 feet
of lot 11, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 9th day of December, 1992, 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 Dixie Walker-Duncan, Housing
Inspector, and viewing the evidence, exhibits submitted: City exhibits A and B, it is evident that
the single family residence at 1451 South Madison Avenue is in a state of disrepair, including
broken siding, rotten door jambs and flooring, and windows in need of repair.
The Conclusions of Law are: Johnnie L. and Willie J. Criswell are in violation of Sections
304, 305.2, 305.3, 305.7, 305.12, 305.13, 305.16 and 305.23. Standard Housing Code.
It is the Order of this Board that Johnnie L. and Willie J. Criswell shall comply with
Sections 304, 305.2, 305.3, 305.7, 305.12, 305.13, 305.16 and 305.23, Standard Housing
Code as adopted by Section 143.01 of the Code of the City of Clearwater within 60 days
(2/07/93). If Johnnie L. and Willie J. Criswell do not comply within the time specified, the Board
may order them to pay u fine of $100,00 per day for eacll day the violation continues to exist
past the compliance due date. If Johnnie L. and Willie J. Criswell do 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
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Docornbor 9. 1992
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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, Johnnie L. and Willie J. Criswell
shall notify Dixie Walker-Duncan, 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 tine
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 () 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, tho
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.
Case No. 96.92
Opie and Elizabeth Tittle
810 Audubon Drive
(Land Development Code)
Mr. Tittle. in response to a question. admitted the violation did previously exist.
Janice King. Code Enforcement Inspector, stated a recreational vehicle was parked in the
setback area at 810 Audubon Drive. Notice of the violation was sent to the owners with
compliance due October 30. Upon reinspection November 3 the vehicle was still there. The
vehicle has since been moved from the setback; however, a neighbor stated it is on their
property. It is desired to establish the violation at this time should it be put back in the future.
Mr. Tittle stated the vehicle is parked well within his property line.
Member Zinzow moved that concerning Case No. 96-92 regarding violation of Section
136.022(iH2Ic of the Clearwater City Code on property located at 810 Audubon Drive a/k/a
Gracemoor Subdivision. Lot 11, the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 9th day of December, 1992. and based
on the evidence. the Municipal Code Enforcement Board enters the following Findings of Fact,
Conclusions of Law. and Order.
The Findings of Foct are: after hearing testimony of Janice King. Code Enforcement
Inspector and Mr. Tittle. and based an Mr. Tittle's statement admitting the violation did exist, it
is evident that a recreation vehicle was parked in the setback area at 810 Audubon Drive. It is
further evident that the condition was corrected prior to this hearing.
The Conclusions of law are: Opie and Elizabeth Tittle were in violation of Section
136.022(i)(2)c.
It is the Order of this Boord that Opie and Elizabeth Tittle shall continue compliance with
Section 136.022(i){2)c of the Code of the City of Clearwater. If Opfe and Elizabeth Tittle repeat
the violation. the Board may order them to pay a fine of $25.00 per day for each day the violation
exists after Opio and Elizabeth Tittle are notified of the repeat violation. Should the violation
reoccur. the Board has the authority to impose the fine at that time without a subsequent hearing.
Should a dispute mise concerning compliance, either party may reque::>l a further hearing before
mincb12n.92
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Ducumbor 9, 1992
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 fHing
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.
Case No. 97~92
Finis Coulis
921 Eldorado Avenue
(Land Development Code)
Request to withdraw; Complied prior
Member Riley moved to withdraw Case No. 97-92. The motion was duly seconded and
carried unanimously.
Case No. 98~92
Edward and Barbara Davis
300 Midway Island
(land Development Code)
No one was present to represent the violator.
The Secretary stated notice or the hearing by certified mail was not obtained.
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Vicki NiemilJer, Code Enforcement Inspector, stated a recreational vehicle was parked in
the front yard setback at 300 Midway Island. Ownership of the property was verified through
the Property Appraiser's Office. Notice of the Hearing was sent by certified mail and returned
refused. Personal delivery was attempted but Mr. Davis refused to receive the letter; the notice
was then posted on the property. She first inspected the property September 28, and cited the
owner with reference to a violation regarding commercial vehicles. Upon reinspection October
15, it was realized the vehicle was for recreational use, and a new notice was sent to the owner.
As of November 3. the violation has been corrected. The violation was also cited in March and
was corrected. It is desired to establish the violation existed in case of repeat.
In response to questions, the Inspector stated she posted the notice December 3. The
inspection was a result of several complaints. The notice was refused, but there was verbal
contact and notification.
A question was raised whether there were any requirements regarding time limits for
posting and posting in the rights of way. It was stated the purpose is to make sure an
opportunity to be heard is given to the party. In this case there was also verbal notification.
Member Swanberg moved that concerning Case No. 98.92 regarding violation of Section
1 36.022(i)(2)c of the Clearwater City Code on property located at 300 Midway Island a/k/a Island
Estates of Clearwater Unit #3, lot 74, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 9th day of December, 1992. and based
on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact,
Conclusions of Law, and Order.
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The Findings of Fact are: after hearing testimony of Vicki Niemiller, Code Enforcement
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident
that a recreational vehicle was parked in the setback at 300 Midway Island. It is further evident
that the condition was corrected prior to this hearing.
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The Conclusions of law are: Edward and Barbara Davis were in violation of Section
136.022{i)(2Ic.
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It is the Order of this Board that Edward and Barbara Davis shall continue compliance with
Section 136.022(i)(2)c of the Code of the City of Clearwater. If Edward and Barbara Davis repeat
the violation, the Board may order them to pay a fine of $50.00 per day for each day the violation
exists after Edward and Barbara Davis are notified of the repaat violation. 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 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.
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Case No. 99.92
Chris and Vivian CaraSSilS
1391 Gulf to Bay Boulevard
(Land Development Code)
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"'''' .J they concede the violation existed on November 7, stated he has no knowledge of the violation.
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Rick Rosa, Code Enforcement Inspector, stated an inspection November 7 showed outdoor
display at 13491 Gulf to Bay Boulevard, a repeat of a violation found by the Board on October
14. Notice of the repeat violation was sent by certified mail and the signed receipt was returned
November 16. He inspected several times since then, including the morning of the hearing, and
has cited no additional violations. City submitted Exhibit A - a photograph of the property, and
Exhibit B - a copy of the notice and the certified receipt.
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In response to questions. the Inspector stated the notice WDS sent to and received by the
landlord.
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Attorney Carassas stated the tenants. Mr, and Mrs. McNichols, were informed by the
landlord of the violation after the hearing October 14. The tenants did comply with the exception
of olle day.
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Mrs. McNichols stated they were told by their landlord not to place anything outside, and
they only do when something already bought is going to be picked up. Mr. McNichols stated he
has dona business in Clearwater for 22 years, and is licensed for yard sales and used furniture.
He thought it was legal; there are items outside next door and across the street. He needs to
place items outside to attract peonle to the store.
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Ducombor 9. 1992
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John Richter. Code Enforcement Manager, stated neighboring properties were investigated
and they are either 9randfathered in or have approved conditional use permits. Mr. McNichols
can also apply for a conditional use.
Discussion ensued whether the items were actually stored or displayed. and whether they
would be allowed jf being stored. It was stated there is no provision in the code for storage under
an overhang. It was suggested staff advise Mr. McNichols regarding sign alternatives to attract
business. It was stated a sign violation is also pending at this address.
Mr. McNichols again expressed concern regarding many other businesses on the same
street being allowed to place items outdoors. He was advised his concern can be addressed to
the City Commission.
Attorney Carassas stated their intention is to continue compliance. He asked the Board
to consider all the circumstances. He is aware of property owner laws and responsibility, and
requested the tenants also be notified of the violations. He expressed concern that staff
repeatedly suggested they move to another area of town.
Member Riley moved that concerning Case No. 99-92 regarding a repeat violation of
Sections 137.011 (b), 135.004{c}(1) and 135.123(10) of the City Code on property located at
1391 Gulf to Bay Boulevard a/k/a Overbrook Subdivision. block 4. lots 1-3, 20 and 21, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 9th day of December, 1992, and based on the evidenco, the Municipal Code
Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Rick Rosa, Code Enforcement
Inspector, John Carassas. re presenting the violator, and Mr. and Mrs. McNichols, tenants, and
viewing the evidence, exhibits submitted: City exhibits A and B, it is evident that items were
placed outside for sale at 1391 Gulf to Bay Boulevard on November 7. 1992.
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The Conclusions of Law are: Chris and Vivian Carassas were in violation of Sections
137.011 (bl, 135.004(c)(1) and 135.123( 1 0) on November 7, 1992; that Chris and Vivian
Carassas were found to have violated the same provisions by the Board on October 14th, 1992,
and that Chris and Vivian Carassas have committed a repeat violation.
It is the Order of this Board that Chris and Vivian Carassas shall continue compliance with
Sections 137.011 (b), 1 35 .004(c)( 1) and 1 35.1 23 (10) of the Code of the City of Clearwater. It
is the Order of this Board that it will not impose a fine this time for the repeat violation of
Novem ber 7th. However,' 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 reconsider or rehear the cose. 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 .Ql!rried unanimously.
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December 9, 1992
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Case No. 1 OO~92
Church of Scientology, Inc.
700 Chestnut Street
(Fire Code)
Request to withdraw; Complied prior
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Member Riley moved to withdraw Case No.1 00.92. The motion was duly seconded and
carried unanimously.
A question was raised why some cases are brought to the Board to establish the violation
and others are not. It was stated a violator who is cited, complios and repeats the violation will
be brought to the Board; if they comply and the violation does not reoccur the case is not
pursued. As a general policy, it can usually be determined by a person's response whether they
will continue compliance.
UNFINISHED BUSINESS
Case No. 55~92
Nation Wide land Corporation
1822 Drew Street
A ffjdavit of Compliance
Case No. 57~92
Meteo Development Corporation
1 810-1 820 Drew Street
Affidavit of Compliance
Member Swanberg moved to accept the Affidavit of Compliance in Case Nos. 55-92
and 57~92. The motion was duly seconded and carried unanimously.
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Case No. 65-92
Robert E. Hughes. Trustee
1312 N. Garden Avenue
Affidavit of Non-Compliance
Case No. 66-92
Robert E. Hughes, Trustee
1310 A&B N. Garden Avenue
Affidavit of Non-Compliance
Member Riley moved to accept the Affidavit of Non-Compliance and issue the order
imposing the fine in Case No. 65-92 and 66-92. The motion was duly seconded and carried
unanimously. '
OTHER BOARD ACTION/DISCUSSION
Case No. 77~86
David and Virginia Chilcote
1478 Plateau Road
Request to address Board re fine
The Secretary stated Mr. Chilcote phoned after receiving a letter reminding him there
was a lien. He contends the Board forgave the fine. She summarized the case for the Board.
In response to a question, she stated the fine was reduced by the Board in 1987 at which
time Mr. Chilcote was prosent. A letter stating the decision of the Board at that time was
also sent to Mr. Chilcote.
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Ducumbor 9, 1992
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Member Zinzow moved to deny the request. The motion was duly seconded and
carried unanimously.
ITEM
A copy of the City Attorney's memo regarding the Board's direction was distributed to
the Board for review. Discussion will be agendaed for the next meeting.
MINUTES - Meeting of November 18, 1992
Member Riley moved to approve the November 18. 1992 minutes as submitted. The
motion was duly seconded and carrie9 unanimously.
ADJOURN - The meeting adjourned at 4:55 p.m.
ATTEST:
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DDcombor 9. 1992
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