10/22/1997 (2)
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~. PUBLIC HEARINGS
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
October 22, 1997
A. (cont. from 9/24/97) Case 49-97
Daniel J. Mehler
305 Pennsylvania Avenue
(Housing) - Hinson
A. Continued to 11/12/97.
B. (cont. from 9/24/97) Case 50-97
Leonardo A. Pagnotta
600 Wildwood Way
(Housing) - Hinson
B. Comply within 30 days or $250/day
for UnIts 103, 104 & 105.
Units 102, 106, 205, 206 & 208
continued to 11/12/97.
C. Case 51-97
Lonnie and Josephine Dixon
207 Pennsylvania Avenue
(Housing) - Hinson
C. Comply within 30 days or $25/day. ,
D. Case 52-97
IIhan M. 8i1gutay
606 Spruce Avenue
(Housing) - Hinson
D. Comply within 30 days or $250/day.
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E. Case 53-97
Todd F. Hertzberg
1013 Magnolia Drive
(Housing) - Hinson
E. Continued to 11/12/97.
. F. Case 54-97
Alma R. Riley
1588 S. Prospect Avenue
(Housing) - Hinson
F. Comply within 30 days or $25/day.
2. UNFINISHED BUSINESS
A. Case 32-97 - Affidavit of Non-Compliance A. Accepted; Issued order Imposing fine.
Jenny J. Harriger d/b/a Mambo Bay
490 Mandalay Ave.
(Occupational license) - Sexsmith
3. OTHER BOARD ACTION/DISCUSSION
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A. Request Authorization to Foreclose:
1. Case 38-96 1. Authorized foreclosure.
E. G. Bradford & Sons, Inc., Earnest G. Bradford, RIA
111 S. Belcher Rd.
Occupational License - Sexsmith
; 381 days @ $50/day = $19,050 (Non-compliance)
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.' 2.' Case 46-96 2. Authorized foreclosure.
Barnett Bank of Plnellas' County, c/o Tim Smith.
1610 Missouri Ave.
Building - Scott
.279 days @ $50Jday == $13,950 (Non-compliance)
APPROVAL OF MINUTES - September 24, 1997 - Approved as submitted.
ADJOURNMENT - 4:48 p.m.
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IV1UNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
October 22, 1997
Present:
Louise C. Riley, Chair
Frank Huffman, Member
David Albritton, Member
Lawrence Tieman, Member
leslie Dougall-Sides, AssIstant City Attorney
Mark Connolly, Attorney for the Board
Mary K. Diana, Secretary for the Board
Brenda Moses, Board Reporter
Absent:
Helen Kerwin, Vice Chair
Dennis Henegar, Member
Stephen D. Swanberg, Member
'0
The meeting was called to order by Chair Louise C. Riley at 3:02 p.m. in
Commission Chambers on the third floor of City Hall. In order to provide continuity
for research, the items will be listed In agenda order although not necessarily
discussed in that order. The Chair 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 fired within thirty (30) days of the execution of the order to be appealed. She
noted that Florida Statue 286.0105 requires any party appealing a decision of this
Board to have a record of the proceedings to support such an appeal.
1. PUBLIC HEARINGS
A. Case 49-97 (cont'd from 9/24/97)
Daniel J. Mehler
305 Pennsylvania Avenue
(Housing) * Hinson
Ms. Diana read the Affidavit of Violation & Request for Hearing into the
record.
Mr. David Getchel, the new owner of the property, stated he recently
purchased the property from Daniel J. Mehler. In response to a question, he said he
received notification of today's hearing from a notice posted on the property. The
Attorney for the Board asked Mr. Getchel jf he would prefer to continue his hearing
to the next meeting due to proper service not being obtained. Mr. Getchel opted to
address this issue at the November meeting.
Attorney Dougall-Sides suggested Mr. Getchel bring evidence of ownership
to the next meeting, since the property appraiser's records did not yet reflect the
change. Mr. Getchel requested Information regarding financial assistance in
\~ rehabilitating the property. He was referred to (nspector Hinson for assistance.
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B.
Case 50-97 (cont'd from 9/24/97)
Leonardo A. Pagnotta
600 Wildwood Way
(Housing) - Hinson
Ms. Diana read the Affidavit of Violation & Request for Hearing into the
record.
In response to a question, Mr. Leonardo A. Pagnotta stated he received
notification of today's hearing via certified mail. He said he was only aware that
Units 103, 104 and 105 were in violation and did not receive verbal or written
notification of violations for Units 106, 102, 205, 206 and 208. Staff's copy
reflected handwritten notations of these units; the copy Mr. Pagnotta had with him
at today's meeting did not reflect the notations nor include the report on these
units. Inspector Hinson stated he spoke to Mr. Pagnotta and sent notices to him
regarding all units in violation.
Board Attorney Connolly recommended addressing the violations in Units
103, 104 and 105 and to continue the violations cited in the other units to the next
meeting.
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In response to questions from Ms. Dougall-Sides, City Inspector Hinson
stated he did not remember the exact initial inspection date, but it was
approximately a year ago. He stated the property is a l6-unit apartment building.
Fourteen of those units were inspected. This matter came to Inspector Hinson's
attention as a complaint from several tenants residing in the building. Complaints
included electrical, plumbing and sanitary problems. Inspector Hinson stated code
violations were found in Units 103, 104, 105, 106, 102, 205, 206 and 208.
The ceiling of Unit 103 was collapsing, there were holes in the shower walls
and drywall was damaged. On the exterior, the doorjambs and door casement were
damaged. Interior hardware on bedroom doors was missing.
Unprotected wiring from an electrical box in the front of Unit 104 was
evident, and the smoke detector was inoperable. There were holes in interior walls
and under the kitchen sink where plumbing pipes were not secured properly. An
infestation of roaches was evident, the bathroom sink was not secured, drain lines
were questionable, and several stove burners were inoperable.
The cook stove in Unit 105 was totally inoperable, an infestation of roaches
was apparent, the bathroom sink was not secured and the supply and drain lines
were questionable.
A smoke detector was missing in Unit 106, electrical problems existed
including missing electrical switchplate covers, electrical receptacles were
inoperable, the ceiling had collapsed from a previous upstairs plumbing leak, and
water leaked from the bathtub and toilet.
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In response to a question, Attorney Dougall-Sides stated the property was
purchased by Mr. Pagnotta in 1996. All units appear to be tenant occupied.
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In Unit 102, major violations consisted of wiring under the kitchen sink
improperly terminated, and wiring to the water heater was done improperly and not
to code.
In Unit 205, wiring under the sink had been improperly terminated,
switchplate covers were missing from outlets, and bathtub fixtures were leaking.
In Unit 208 a cover plate was missing from the water heater, the toilet was
leaking, the drain was clogged, and supply lines needed to be checked.
In response to a question, Inspector Hinson stated he spoke to Mr. Pagnotta
regarding the violations. Mr. Pagnotta responded he could not afford to pay
someone to repair the units. He had also indicated the tenants would not grant him
permission to enter their apartments. Mr. Hinson indicated all the tenants seemed
favorable to his entry into their apartments.
Attorney Dougall-Sides submitted City Exhibits 1-4, including photographs
taken on July 9, 1997.
Lt. Jeff Kronschnabl noted when Inspector Hinson arrived at the property to
,,~ post the code violations, Mr. Pagnotta, denied he was the property owner. A tenant
f"",; confirmed he was.
In response to questions, Inspector Hinson recommended Mr. Pagnotta be
ordered to comply within 30 days or a fine of $250 per day be imposed for each
day of non-compliance. He also noted an attempt was made to correct wiring
problems, but those efforts were not done to code. Also, no permits were pulled.
Mr. Pagnotta reiterated he was only aware of violations being cited in Units
103, 104, and 105. In response to a question, he stated he had the violations
corrected in these units. He said he contracted with Ceiling & Finishing, Inc. to fix
the ceiling in Unit 103. He indicated he would be receiving an invoice from them
and had already paid them by check.
Mr. Pagnotta stated a licensed contractor performed the work, but could not
offer copies of canceled checks for all the repairs to substantiate the work done. It
was noted the City has no record of any applications for permits.
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Mr. Pagnotta submitted an invoice (Defendant's Exhibit 1) for electrical
wiring done on the front of Unit 104. He noted he bought another smoke detector
for that unit. An invoice (Defendant's Exhibit 2) from Lectric Works for a service
call for a range was submitted. Upon inspection of the exhibits, it was noted the
invoices did not substantiate the work Mr. Pagnotta claimed was done. Mr.
Pagnotta also stated some of the repairs were done by tenants. It was explained to
Mr. Pagnotta that neither he nor his tenants may perform unlicensed repairs to
commercial properties. Permits must be pulled by licensed contractors.
mcb1097
3
10/22/97
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Member Tieman moved that concerning Case 50-97, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on October 22,
1 997, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Freddie Hinson, Leonardo
Pagnotta, Respondent, and viewing the evidence, City Exhibits 1-4 lEx. 1 - Housing
Inspector's Report; Ex. 2 p property ownership verification; Ex. 3 - notice of hearing,
affidavit of violation & request for hearing; and Ex. 4 ~ composite photographs dated
7/9/97, and Defendants Ex. 1-2 (Ex. 1 - job invoice for electrical services dated
8/8/97 and Ex. 2 - invoice from Lektric Works dated S/S/97), it is evident the
property, Units 103, 104, and 105, is in violation of sections of the Standard
Housing Code as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 302.1,
302.6, 302.9, 303.4, 305.12, 305.16, 305.21, 307.5, Standard Housing Code, as
adopted by Section 49.01 of the Code of the City of Clearwater, Florida, in that the
Respondent has failed to remedy the cited violation(s).
(,tooIo)
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ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 30 days (November 21, 1997). The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected within 30 days (November 21, 1997), the
Respondent may be ordered to pay a fine in the amount of two hundred fifty and
no/100 dollars ($ 250.00) per day for each day the violation continues beyond
November 21, 1 997.
If Respondent 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 Respondent pursuant to Chapter 162 of the Florida
Statutes.
Should the Violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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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
mcb 1 097
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the property is in violation of the City code in that exterior walls, windows and
screens are in need of repair or replacement.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 305.2,
305.7, 305.13, Standard Housing Code, as adopted by Section 49.01 of the Code
of the City of Clearwater, Florida, in that the Respondent has failed to remedy the
cited violation(sJ.
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 30 days (November 21, 1997). The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
\
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected on or before November 21 f 1997 f the
Respondent may be ordered to pay a fine in the amount of twenty five and no/100
dollars 1$25.00) per day for each day the violation continues beyond November 21,
1997.
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If Respondent 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 Respondent pursuant to Chapter 1 62 of tpe Florida
Statutes.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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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10/22/97
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D.
Case 52-97
Ihan M. Bilgutay
606 Spruce Avenue
(Housing) - Hinson
Ms. Diana read the Affidavit of Violation & Request for Hearing into the
record.
No one was present to represent Mr. Bilgutay. Service on the Notice of
Hearing has been obtained.
()
In response to a question, City Inspector Hinson stated he initially inspected
the property on June 30, 1997. The property is tenant-occupied, and is a single
dwelling with an upstairs apartment. Mr. Hinson inspected both the upstairs and
the downstairs units. The matter came to the City's attention through a complaint
from a neighbor. The inspection revealed the toilet had backed up into the bathtub
and it had been in that condition for some time. The tenant had spoken to the
owner to no avail. There were food storage problems in the kitchen and stove
burners were out of service. Electrical problems included fixtures not appropriately
attached and missing or loose switchplate covers and receptacles. Ceiling height
was approximately 2 inches lower than code. There was work done without
permits. The bathroom floor was missing tile and the subfloor had deteriorated due
to water accumulation. The front door was missing hardware. A deadbolt lock was
on the door but the handle was missing. There were holes throughout the walls and
ceilings of the dwelling. Throughout the east and north sides of the building,
screens were missing, and the building has no central heat and air. The building
was also infested with bugs. The refrigeration unit was not operable and the tenant
had informed Mr. Hinson that no agreement was made with the owner to supply his
own refrigerator. There were no operable smoke detectors in the building.
Mr. Hinson said Mr. Bilgutay requested a report on properties he owns in the
area. Copies were mailed to him. Inspector Hinson stated no repairs have been
made to date.
Attorney Dougall-Sides submitted City Exhibits 1-6, including photographs
taken of the property on June 4, 1 997, and October 21, 1997.
Inspector Hinson recommended compliance within 30 days or a fine of $250
per day for each day of non-compliance be imposed.
Member Albritton moved that concerning Case 51-97, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on October 22,
1997, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
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After hearing testimony of Code Inspector Freddie Hinson (the Respondent
was not present and had no representation), and viewing the evidence, City Exhibits
u
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1-6 (Ex. 1 - Housing Inspector's Reporti Ex. 2 - notice of violation; Ex. 3 . property
ownership verification; Ex. 4 - affidavit of violation & request of hearing; Ex. 5 -
notice of hearing; and Ex. 6 - composite photographs dated 6/4/97 and 10/21/97), it
is evident the property is in Violation of the sections of the Standard Housing Code
as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 302.1,
302.6, 303.4, 305.4, 305.11.2, 305.12, 305.13, 305.16, 307.5, Standard
Housing Code, as adopted by Section 49.01 of the Code of the City of Clearwater,
Florida, in that the Respondent has failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 30 days (November 21, 19971. The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
(:)
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected on or before November 21, 1997, the
Respondent may be ordered to pay a fine in the amount of two hundred fifty and
no/100 dollars ($ 250.00) per day for each day the violation continues beyond
November 21, 1997.
If Respondent 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 Respondent pursuant to Chapter 162 of the Florida
Statutes.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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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E.
Case 53-97
Todd F. Hertzberg
1013 Magnolia Drive
(Housing) - Hinson
Staff requested to continue Case 53-97 to the next meeting as proper
service had not been obtained.
Member Huffman moved to continue Case 53-97 to the meeting of
November 12, 1997. The motion was duly seconded and carried unanimously.
F. Case 54-97
Alma R. Riley
1588 S. Prospect Avenue
(Housing) - Hinson
Ms. Diana read the Affidavit of Violation & Request for Hearing into the
record.
In response to a question, Ms. Riley responded she received notification of
today's meeting via certified mail.
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In response to questions, City Inspector Hinson said the property is owner-
occupied. This property came to his attention through a door-to-door neighborhood
inspection. The initial inspection dates back to March 10, 1997. At that time an
exterior inspection discovered minor violations which included inoperable windows,
paint problems and unprotected siding and skirting. Ms. Riley was referred to a
local agency for assistance. A notice of violation was then issued and the property
was reinspected. In response to a question, Inspector Hinson noted that Ms. Riley
did obtain a roof permit and some work has been done. The skirting is still
damaged.
Discussion ensued regarding a "no trespassing" sign placed on the property
approximately 30 days after the Notice of Violation was issued.
Attorney Dougall-Sides submitted City Exhibits 1-5, including photographs of
the property from September 4, 1997, and October 8, 1997.
In response to a question, Ms. RlIey agreed the violations exist. Her
granddaughter, Pamela Rodriguez, explained the "no trespassing" sign was placed
on the property in response to drug problems in the area, not to deter Inspector
Hinson. Ms. Rodriguez explained some repairs were made, including installation of
central heat and air, installation of ceramic tile and shower renovations. She
requested the City give Ms. Riley 30 days to complete all repairs. She stated the
skirting will be addressed.
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Member Huffman moved that concerning Case 54-97, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on October 22,
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1997, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Freddie Hinson, Alma Riley
(Respondent), and Pamela Rodriquez (Respondent's granddaughter), and viewing the
evidence, City Exhibits 1-6 (Ex. 1 - housing report; Ex. 2 - housing referral form; Ex.
3 - notice of violation; Ex. 4 -verification of ownership; Ex. 5 - composite
photographs of the property dated 9/4/97 and 10/8/97; and Ex. 6 -affidavit of
service, affidavit of violation & request for hearing and notice of hearing), it is
evident the property is in violation of the City code. New skirting needs to be
installed around the exterior of the structure.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 305.7,
305.14, 305.23, Standard Housing Code, as adopted by Section 49.01 of the Code
of the City of Clearwater, Florida, in that the Respondent has failed to remedy the
cited violation(s).
ORDER
()
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 30 days (November 21, 1997). The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected on or before November 21, 1997, the
Respondent may be ordered to pay a fine in the amount of twenty five and no/100
dollars ($25.00) per day for each day the violation continues beyond November 21,
1997.
If Respondent 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 Respondent pursuant to Chapter 162 of the Florida
Statutes.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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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
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the petition to reconsider or rehear. The motion was duly seconded and carried
unanimously. .
2. UNFINISHED BUSINESS
A. Case 32-97 . Affidavit of Non-Compliance
Jenny J. Harriger d/b/a/ Mambo Bay
490 Mandalay Ave.
(Occupational license) - Sexsmith
Member Huffman moved to accept the Affidavit of Non~Compliance and
issue the order imposing the fine for Case 32~97. The motion was duly seconded
and carried unanimously.
3. OTHER BOARD ACTION/DISCUSSION
A. Request Authorization to Foreclose:
1. Case 38-96 - E. G. Bradford & Sons, Inc., Earnest G. Bradford, R/A
111 S. Belcher Road
Occupational License - Sexsmith
381 days @ $50/day = $19,050 (Non-compliance)
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Case 38-96 involves non-payment of gas and fuel taxes to the City.
Application was made for an occupational license, but the City did not issue the
license. City policy requires the gas and fuel tax be paid before an occupational
license is issued. Currently, the tax owed is $42,440.50.
Member Tieman moved to authorize foreclosure in Case 38-96. The motion
was duly seconded and carried unanimously.
2. Case 46-96
Barnett Bank of Pinellas County, c/o Tim Smith
1610 Missouri Avenue
(Building) - Scott
279 days @ $50/day = $13,950 (Non-compliance)
Case 46-96 involves a fence being built around a retention pond without a
permit. When the fence company applied for a permit, they were informed a
variance was required. An application for a variance was never made.
Member Tieman moved to accept the request for foreclosure in Case 46-96.
The motion was duly seconded and carried unanimously.
4. APPROVAL OF MINUTES. September 24, 1 997
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Member Tieman moved to approve the minutes as submitted In writing to
each member. The motion was duly seconded and carried unanimously.
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Ms. Diana noted Chair Riley's and Member Swanberg's terms expire the end
of October, 1997. She recognized them for their years of service. Member
Albritton's term will be up for reappointment by the City' Commission on November
6, 1997.
6. ADJOURNMENT
The meeting adjourned at 4:40 p.m.
Attest:
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V\ ceChair
MuniCipal. Code Enforcement Board
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Secret the Board '.
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