11/18/1998 (2)
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Municipal Code E~forcement Board
: Minutes
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D. Case 29-98
(Cant. from 10/28/98)
Fred Ferwerda (Representative for Condo)
100 Waverly Way
(Fire Alarm) ~ Blackburn
D. Withdrawn, complied prior.
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODe ENFORCEMENT BOARD
N.ovember 1 B, 199B - 3:00 p.m.
PUBLIC HEARINGS
A. Case 22-98
(Cont. from 10/28/98)
Mark Rossi
708 Madera Avenue
(Housing) - Wright
A. Comply within 30 days (12/18/98) or $150/day
B. Case 24-98 ,
(Cont. from 10/28/98)
Clearwater Roofing Co., Robert Binder
1479~A Greenwood Ave. S. '
,(Land Development Code) - Niemill~r
REQUEST TO CONTINUE '
B. Continued to 12/9/98.
C. Case 28-98
(Cont. from 10/28/98)
, Robert S. Croston
2346 Druid Road #1213
(Housing) - .Wright
" C. Comply within 30 days (12/18/98) or $150/day
E. Case 30-98
Mary W. Smith
. 1111 Blanche B. littleJohn Trail
(Building) ~ Chianella
REQUEST TO CONTINUE
E. Continued to 1 2/9/98.
F.. Case 31-98
Patrick B. Baker
1012 Jones Street
(Building) - Chianella
F. Comply within 90 days (2/17/99) or $50/day.
G. Case 32-98,
Floyd D. & Terry S. Maddox
1507 Ridge Avenue
(Building) ~ Chianella
G. Comply' within 60 days (1117/99) or $50/day.
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; ".'. Continued
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C. Case 01-98 - Affidavit of Non-Compliance
Patrick B. Baker
1012 Jones Street
. (Housin!~) - Hinson
D. C~se 07-98 - Affidavit of Non-Compliance
Mary W. Smith
1111 Blanche B. littleJohn Trail
(Housing) - Hinson
C. Continued to 12/9/98.
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:ii<<;' Action Agenda Cont.
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tf~:;': ','A. . Case 51~97 .' Affidavit of Compliance
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:\;'\';: Lonnie & Josephine' Dixon
207 Pennsylvania Avenue
(Housing) -: Hinson
A. Accepted. .
,B. Case 52-97 . Affidavit of Compliance
. IIhan M. Bilgutay
606,Spruce Avenue
(Housing) - Hinson
B. Accepted.
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D. Accepted; issued order imppsing fine. '
3. OTHER BOARD ACTION/DISCUSSION - None.
::: ,0.. APPROVAL OF MINUTES - 10/28/98 - ApprovEld as corrected.
5. ' ADJOURNJYlENT- 4:59 p.l)1.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
November 18, 1998
Present:
Lawrence Tieman
Frank Huffman
David Allbritton
Mary Rogero
Sheila Cole
Joyce Martin
Vice-Chair
Member
Member
Member
Member
Member
Absent:
Helen Kerwin
Chair
Also present: Leslie Dougall-Sides
Mark Connolly
Mary K. Diana
Assistant City Attorney
Attorney for the Board
Secretary for the Board
The Chair called the meeting to order at 3:00 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
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, The Chair outlined the procedures and stated any aggrieved party may appeal
a final administrative order of the Municipal Code Enforcement Board to the Circuit
" Court of Pinellas County within thirty (30) days of the execution of the order.
Florida Statute 286.0105 requires any party appealing a decision of this Board to'
have a record of the proceedings.
ITEM #1 - Public Hearlnas
A~ Case 22-98
(Cont. from 10/28/98)
Mark Rossi
708 Madera Avenue
(Housing Code - Wright) ,
Board Secretary Diana read the affidavit of violation & request for hearing.
She reported the notice of hearing sent by certified mail was returned unclaimed.
, Service was obtained by physically posting the notice of hearing on the property and
'at City Hall. ,The Respondent, Mark Rossi, was not in attendance.
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, In response to questions from Ms. Leslie Dougall-Sides, Inspector Bill Wright
stated an anonymous compl~jnt was received on February 13, 1998. A tree had
fallen on the house. ' The initial inspection on February 17, 1998 showed the home
to be secure. There was damage to the soffit and fascia area, gutters and window
sc::reens. A large tree limb is laying against the roof on the rear of the building.
Inspector Wright expressed concern the property could deteriorate into an unsafe
"---) condition.
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He noted a notice of violation was sent to the owner at his residence In
California and that service had been obtained. Ownership was verified through the
I property appraiser's office. There has been no contact with the property owner.
Reinspections of the property and recent photographs show nothing has been done
to remedy the situation.
Exhibits 1-8 including photographs were submitted.
Member Rogero moved that concerning Case 22-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on November 18,
1998, 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 William Wright (the Respondent
} was not present and had no representation), and viewing the evidence, City Exhibits
1-8 (Ex. 1 - Housing Inspector's Report: Ex. 2 - cited sections from the Standard
Housing code; Ex. 3 - property owner verification; Ex. 4 - notice of violation dated
6/1/98; Ex. 5 - affidavit of violation & request for hearing; Ex. 6 - notice of hearing
dated 9/2/98; Ex. 7 - activity sheet; and Ex. 8 - photographs taken 9/11/98,
9/22/98, 11/5/98 and 1 1117/98), it is evident the property is in violation of the
sections of the Standard Housing Code as read into the record.
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CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 305.3,
305.12 & 305.13 of the Standard Housing Code as adopted by Sec. 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 (December 18, 19981. The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order. '
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In the event the aforesaid violation is foundl in subsequent proceedings by
this Board, not to have been corrected on or before December 18, 1998, the
Respondent may be ordered to pay a fine in the amount of one hundred fifty and
no/100 dollars ($1 50.00) per day for each day the violation continues beyond
December 18, 1998.
o
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 the Florida
Statutes.
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11/18/98
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, 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.
B.
Case 24498
(Cont. from 10/18/98)
Clearwater Roofing Co., Robert Binder
1479-A Greenwood 'Ave. S.
(Land Development Code p Niemiller)
In her memo dated November 1 6, 1996, Inspector Niemiller requested this
case be continued. The property is being sold and the closing is scheduled for
November 20, 1998. The City would like to work with the new owner regarding
the cited violation.
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Robert Binder, current owner of the property, requested this case be
addressed today. He said he has owned the property for 1 5 years and the current
use of the property has not changed since that time. He expressed concern
regarding a potential lawsuit if the property is sold without the alleged violation
being resolved. Vehicles are being stored on the property. Mr. Binder noted the
property is used as a transportation station for repossessed vehicles and is an
allowed use in general commercial. He expressed concern his tenant be able to
carryon this use when the property is sold. He believed the use should be
9randfathered in.
Inspector Niemil1er explained that a 100 by 300 foot parcel of the subject
property was sold to the City a couple years ago. Some of the vehicle storage was
done on that parcel which is zoned general commercial. Outdoor storage is allowed
in that zoning district with conditional use approval. She noted there has never
been conditional use approval for outdoor storage on the property so there is
nothing to grandfather in~ It was noted the alleged violation has nothing to do with
the size of the property.
Discussion ensued in regard to the definition of "transportation station" and
Inspector Niemiller noted the code defined it as a pUblic transportatiun building used
for ticket sales and shelter of persons waiting for transportation.
The Board Attorney advised Mr. Binder to make full disclosure to the
o potential buyer his concerns regarding the use 'of the property.
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Inspector Niemiller indicated she explained to the potential buyer the property
is zoned General Commercial and outdoor storage Is allowed with conditional use
app!oval.
It was believed continuing this case until the property is sold would be
beneficial to all parties concerned.
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Member Huffman moved to continue Case 24.98 to the meeting of
December 9, 1998. The motion was duly seconded and carried unanimously.
C.
Case 28-98 '
(Cont. from 10128/981
Robert S. Croston
Mobile Home Owner
2346 Druid Road # 1 213
(Housing Code - Wright)
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Board Secretary Diana read the affidavit of violation & request for hearing.
She indicated ser.vice was obtained on the notice of hearing.
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In response to questions from Ms. Dougall-Sides, Inspector Bill Wright said
the inspection was made at the request of Leonard Mueller, occu'pant' of the unit.
The property was inspected on February 9, 1998 which revealed electrical and
sanitation problems, rusted kitchen and bathroom fixtures and an'inoperable smoke
detector. He said windows were missing cranks, screens were torn and missing, the,
ceiling on the front porch appeared to be sagging, presence of bugs were a concern
and there was no heat. Mr. Wright noted mobile homes are subject to the same
codes as are houses.
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Inspector Wright said the housing report was sent by certified, mail to Mr.
Croston on September 9, 1998 and the return receipt was received back on
February 19, 1998. Property ownership was verified through the property
appraiser's office and showed that the property was owned by MHC Financing Ltd.
Partnership 2. He noted the owner of the mobile home was cited not the property
owner per the Legal Department's recommendation. He noted Mr. Croston resides
in New York and has been in Clearwater to make some of the repairs. Mr. Croston
has returned to New York; however, he is aware some of the violations still exist.
Member Huffman moved concerning Case 28-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on November 18,
1998, and based on the evidence issued its Findings of Fact, Conclusions of Law I
and Order as follows:
, FINDINGS OF FACT
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After hearing testimony of Code Inspector William Wright (the Respondent
was not present and had no representation), and viewing the evidence, City Exhibits
1-7 (Ex. 1 - Housing Inspector's Report dated 2/9/98; Ex. 2 - property owner
verification; and Ex. 3 - notice of violation dated 4/10/98; Ex. 4 - affidavit of
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violation and request for hearing; Ex. 5 - notice of hearing; Ex. 6 -cited code
sections; and Ex. 7 - chronology of events), it is evident the property is in violation
of Sees. 302.1, 303.4 and 305; 16 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,
303.4, and 305.16 of the Standard Housing Code as adopted by Sec. 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 (December 18, 1998). 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 December 18, 1998, the
, Respondent may be ordered to pay a fine in the amount of one hundred fifty and
no/100 dollars ($1 50. DOl per day for each day the violation continues beyond
December 18, 1998.
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
~ounty, Florida, and once recorded shall constitute a lien against any real or
personal property owned by the Respondent pursuant to Chapter 1 62 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.
D.
Case 29~9B
(Cont. from 10/28/98)
Fred Ferwerda (Representative for Condo)
100 Waverly Way
(Fire Code - Blackburn)
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In a memo dated November 3, 1998, Inspector Anne Blackburn withdrew
Case 29~98. The violation has been corrected and there Is no need for further
action.
E. Case 30-98
Mary W. Smith
1111 Blanche B. Little John Trail
(Building Code - Chianella)
Staff requested this case be continued to the next meeting. Member
Huffman moved to continue Case 30~98 to the meeting of December 9, 1998. The
motion was duly seconded and carried unanimously.
F. Case 31-98
Patrick B. Baker
1012 Jones Street
(Building - Chianella)
Board Secretary Diana read the affidavit of violation and request for hearing.
A porch is being enclosed and remodeled without obtaining a permit or inspections.
Service was obtained by physically posting the notice of hearing on the property and
at City Hall.
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In response to questions from Ms. Dougall.Sides, Inspector Dana Chianel1a
said the initial inspection was done on April 21, 1998. As she drove by the
property, she noticed work being done without permits. At that time a stop work
order was issued. She noted Mr. Baker was enclosing a porch. Photos were taken
of the work being done. A notice of violation was issued on April 28, 1998 and
was sent certified mail to Mr. Baker. The signed mail receipt was returned but it
was difficult to determine the signature. Mr. Baker applied for permits bllt found
out a variance was needed. He said he was leaving town for several months and
was given five montl1s to comply. Photos were taken of the property today and
reflect that a front door was added and the exterior of the enclosure was painted
after the sop work order was issued. Ms. Chianella said he has had no recent
contact with Mr. Baker.
Mr. Patrick Baker said he can not get a permit unless a setback variance is
applied for and granted. In response to a question, Mr. Baker said he is enclosing
an existing porch. The existing porch is a non.conforming use and to enclose it
would expand the non-conformity.
Exhibits 1-8 including photographs were submitted.
It was noted Mr. Baker came before the Board previously regarding a housing
violation and it was questioned whether this violation was corrected. Ms. Dougall.
Sides indicated the new land development code may assist Mr. Baker regarding the
enclosure as it is mare liberal.
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Concern was expressed Mr. Baker did not comply with the stop work order
and continued to finish the work.
Member Allbritton moved that concerning Case 31 ~98 the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on November 18,
,1998, 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 Dana Chianella and Robert B.
Baker, the Respondent. and viewing the evidence, City Exhibits 1-8 (Ex. 1 ~ stop
work order dated 4/28/98; Ex. 2 - notice of violation dated 4/28/98; and Ex. 3 -
cited code sections; Ex. 4 - permit application; Ex. 5 - property owner verification;
Ex. 6 - affidavit of violation & request fol' hearing; Ex. 7 - notice of hearingj and Ex.
8 - photographs dated 4/21/98 and 11/18/98),it is evident the property is in
violation of the sections of the Building Code as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Secs. 47.081 & 47.083(2) and Art. V, Sec. 47.111 of the Code of the City of .
Clearwater, Florida, in that the Respondent has failed to remedy the cited
violation(sl.
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 90 days (February 17, 1999). The burden shall rest upon the
Respondent to request a relnspection 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 February 17, 1999, the
,Respondent may be ordered to pay a fine in the amount of fifty and no/100 dollars
($50.00) per day for each day the violation continues beyond February 17,1999.
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
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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.
G. Case 32~98
Floyd D. & Terry S. Maddox
1507 Ridge Avenue
(Building - Chianella)
Ms. Diana read the affidavit of violation and request for hearing. A roof,
windows and covered entrance were installed without permits ,and inspections.
Service was obtained on the notice of hearing.
In response to questions from Ms. Dougall-Sides, Building Inspector Dana
Chianella said based on an anonymous complaint, she inspected the property. A
covered roof over the front entrance had been added, footers dug and plumbing run
at the rear of the house. A stop work order was issued. She said Mrs. Maddox
indicated on several occasions she would pull the permits. A permit application is
on file and can not be activated until drawings are received. The plumbing work and
footers have been voided from the application. Additional work was done after the
stop work order was issued. Inspector Chianella said drawings were submitted
todaYI however, were incomplete. Signed and sealed drawings and inspections for
the work are required.
Exhibits 1-7 including drawings were submitted.
Mrs. Maddox said she had hired two contractors to do the work. The work
was never completed but her money was taken. She said previously her porch was
fully enclosed with electric. She said the roof was torn down because it was
rotting. Mrs. Maddox stated she paid for a survey and permits but only the survey
was done. She indicated she has engaged an attorney and is in the process of
trying to recoup her money.,
In response to a question, Inspector Chianella said an existing enclosed porch
was entirely ripped down and replaced. More involved drawings are needed
'because the structure was changed.
Concern was expressed in work continuing after a stop work order was
issued. Mrs. Maddox responded she thought the matter had been resolved. She
said she was not aware a permit was needed to replace the windows. In response
to question, Mrs. Maddox said she resides on the property.
Member Cole moved that concerning Case 32-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on November 18,
1998, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
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FINDINGS OF FACT
After hearing testimony of Code Inspector Dana Chianella and Terry S.
Maddox, Respondent, and viewing the evidence, City Exhibits 1-7 (Ex. 1 - stop work
order; Ex. 2 - notice of violation dated 10/2/98; and Ex. 3 - property owner
verification; ,Ex. 4 ~ affidavit of violation & request for hearing; Ex. 5 -cited code
sections; Ex. 6 - notice of hearing dated 10/19/98 and Ex. 7 ~ photographs dated
4/14/f}8, 10/15/98 and 11/18/98J, it is evident the property is in violation of the
sections of the Building Code as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Sees. 47.081 & 47.083(2) and Art. V, Sec. 47.111 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 60 days (January 17, 1999). 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 January 17, 1,999, the
Respondent may be ordered to pay a fine in the amount of fifty and no/100 dollars
($50.00) per day for each day the violation continues beyond January 17, 1999.
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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ITEM #2 - Unfinished Business
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A; ',Case 51-97 ~ Affidavit of Compliance
Lonnie & Josephine Dixon
207 Pennsylvania Avenue
(Housing - Hinson)
,B. Case 52-97 - Affidavit of Compliance
IIhan M. Bilgutay
606 Spruce Avenue
(Housing - Hinson)
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Member Huffman moved to accept the Affidavits of Compliance for Cases
51-97 and 52-97. The motion was duly seconded and carried unanimous IV.
c.
Case 01,-97 - Affidavit of Non-Compliance
Patrick B: Baker
1012 Jones Street
(Housing - Hinson)
Member Huffman moved to continue this item to the meeting of December
10, 1998. The motion was duly seconded, and carried unanimously.
D.
Case 07-98 - Affidavit of Non-Compliance
Mary W. Smith
1111 Blanche B. littleJohn Trail
(Housing ~ Hinsonl
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Member Rogero moved to accept the Affidavit of Non~Compliance and issue
the order imposing the fine for Case 07-98. The motion was duly seconded and
carried unanimously.
ITEM #3 - Other Board Action/Discussion - None.
ITEM #4 ~ Aoproval of the Minutes
Member Cole moved to approve the minutes of the regular meeting of
October 18, 1998, as corrected. The motion was duly seconded and carried
unanimously.
ITEM #5 - Adiournment
The meeting adjourned at 3:21 p.m.
Attest:
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Chair, Municipal Cod
Mcb1198
10
11/18/98