05/22/2002 (2)
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,." ;,'; 'Municipal; Co4'e' ,Enforcement 'Bbard:
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ACTION AGENDA
, CITY OF CLEARWATER
MUNICIPAL CODe ENFORCEMENT BOARD '
May 22. 2002 - 3:00 p.m.
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1. PUBLIC HEARINGS
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,A. Case 43-01
Robert Schoeller,
630 Drew St
(Buildin'g Code) - Wright
Withdrawn per Section 7-1 02(C)
B. Case 13-02 '
Lorraine P & Charles R HilIeboe, Tr
1255 Jeffords St
, Development Code - Kurleman
Comply within 60 days or $200/day
C. Case 14-02
Merma-Pinellas
20788 US Hwy 19 N
Development Code - Kurleman I',
Comply within 30 days or $50/day
, D. Case 15-02
Susan M Bell
1128 Carlton Street ,
Occupational License - Dee Shawen
Withdrawn
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E. Case, 16-02
Laura J 'Porter
1524 S Prospect Avenue .
Public Nuisance - Julie Phillips
Comply within 30 days or $50/day
. F. Case 17-02
Jacqueline Chaplin
" 1 000 Grantwood Avenue
'Publlc Nuisance - Janice King
Comply within 14 days or $1 OO/day
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2. UNFINISHED BUSINESS
3. OTHER BOARD ACTION/DISCUSSION
4. NEW BUSINESS :
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5. , NUISANCE ABATEMENT LIEN FILINGS~. None '
o '6., 'APPROVAL OF MINUTES: 4/24/02 - 'Approved as submitted
7. ADJOURNMENT, - 4:16 p.m.
5122/02
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
May 22, 2002
" Present:
Lawrence Tieman
Sheila Cole
Franke Huffman
David Allbritton'
, " Joyce Martin ,
George Krause
Vacant Seat
, ,Chair
Vice~Chair
Board Member
Board Member
Board Member
'Board Member
Board Member
Also Present:
'Leslie Dougall':'Sides
Bryan Ruff
Elita Cobbs
Susan Stephenson
Patricia O. Sullivan
Assistant City Attorney
Ass1stant City Attorney
Attorney for the Board
Acting Secretary for the Board
Board Reporter
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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
nece~sarlly discussed in .that order.
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 p'arty appealing a decision of this Board to have a record of the proceedings. '
ITEM #1 - Public HearinQs
1 A) , Case 43-01
Robert Schoeller
630 Drew Street
, '(Building Code) - Wright
Per Sec. 7-102(C) of the Community Development Code, the item was continued
automatically to this meeting. As no recurrence of the violation has occurred! the item is
wittld rawn. ' ,
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Case 13-02
Lorraine P & Charles R Hilleboe, Tr
1255 Jeffords S1.' ,
(Development Code) -,Kurleman
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Acting Board Secretary Susan Stephenson read the Affidavit of Vlolat10n & Request for '
Hearing. Service on th~ notice of hearing was obtained by certified mall.
Charles R Hllleboe saId some of the landscape Installation had been completed. In
response to questions from Assistant City Attorney Leslie Dougall-Sides. Land Resource
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OS/22/02
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Specialist Scott Kurleman said the building department had brought the property to staff's
attention. He initially inspected 1255 Jeffords Street on December 27,2001. The landscaping
, was to be installed in three phases howe~er several areas lack landscaping materials as
, indicated on the site plan. The City approved the site plan to modify the parking lot on June 10,
1999. Mr. Kurleman issued a Notice of Viol aU on on December 2712001, reinspected the
property after the compliance date, and found the, property's condition unchanged. The
property owner was advised the site plan could be modified but this has not been done.
, ' Mr. Kurleman identified photographs he had taken of 1255 Jeffords Street on March 12,
March 14, and May 21, 2002, and indicated the photographs are an accurate representation of
current conditions. He recommended 45 days to comply or a $200 per day fine be imposed.
. He said while Phase I may have been completed, the landscaping has declined and is in
violation of the site plan. No work on Phases II or III is evident.
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Ms. Dougall~Sides submitted City Exhibits 1 - 10 for 1255 Jeffords Street and distributed
photographs of the site. '
Mr. Hilleboe said he has a contract to install the landscaping by July 3, 2002, and felt 60
days would be adequate to complete the project. In response to a question, he said the
irrigation system has been installed. He said Phase I landscaping had died after the site
, manager departed ,and no one tended the landscaping. It was stated the condition does not
present a health or safety concern. Concern was expressed this site has been out of
compliance since December 1999. It was suggested the $200/day fine is fair due to the
ongoing nature of the problem. '
Member Martin moved that the Municipal Code Enforcement Board has heard testimony
at its regular meeting held on May 22, 2002, and based on the evidence issued its Findings of
Fact, Conclusions of Law, and Order as follows: '
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OS/22/02
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FINDINGS' OF FACT
After hearing testimony of Mr. Hilleboel respondent and Scott Kurleman, code inspector
and viewing the evidence, City Exhibits: Exhibit 1-Notice of Violation; Exhibit 2~Notice of
Violation; Exhibit 3-Affidavit of Posting; Exhibit 4-Community Development Code Section 3~
1204,3-1205; Exhibit 5-Property Appraiser Printout; Exhibit 6-Affidavit of Violation & Request
for Hearing; Exhibit 7-Notice of Hearing; Exhibit a-Letter to City of Clearwater; Exhibit 9- .
,Photos; Exhibit 1 O-Drawing-Interior Design Landscape Architecture, it is evident the property is
in violation of the City code in that installation and maintenance of landscaping per the
approved plan dated June 10, 1999 has not been done or has not been maintained.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 3-1204
(A)(B)(D)(I)(L) of the Code of the City of Clearwater, Florida, in that the Respondent has failed
to remedy the cited vlolation(s).' ,
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ORDER
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It is the Order of the Board that the Respondent is to correct the aforesaid violation by
July 2112002. The burden shall rest upon the Respondent to request a re-inspection by the
Code Inspector to verify compliance with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Boardl
not to have been corrected on- or before July 21, 2002, the Respondent may be ordered to pay
a fine in the amount of two hundred dollars ($200) per day for each day the violation continues
beyond July 21, 2002.
,:)
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.
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OS/22/02
The motion was duly seconded and carried unanimously.
1C), ,Case 14-02
Menna-Pinellas
20788 US 19N
, (Development Code) ~ Kurleman
Acting Board Secretary Susan Stephenson read the' Affidavit of Violation & Request for
Hearing. Service on the notice of hearing was obtained by certified mail.
, John Menna, representative far Menna-Pinellas, agreed landscaping at the 20788 US
19N property does not comply with Code. He stated his firm develops hotel properties. The
firm purchased the subject site last year and plans to raze the current motel and restaurant and
construct a hotel. A site plan is being prepared and it does not make sense to install
landscaping that will be torn out when construction begins. He offered to deposit funds into an
escrow account to cover required landscaping expenses.
Ms. Dougall-Sides said in his August 20, 2001 letterl Mr. Menna had stated his Intention
to submit a site plan by November 2001. The original Notice of Violation was issued In
December 2001. Staff recommends 21 days to comply or a $100 per day fine be Imposed. It
was stated due to permitting requirements, site plan approval could take 6 months.
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. Ms. Dougall~Sides submitted CIty Exhibits 1 - 8 for 20788 US 19N and distributed'
photographs of the site. '
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In response to a question1 Mr. Menna stated he is renting the on-site restaurant on a
m~nth-to-month basis while negotiating with hotel franchises and preparing the site plan.
Mr. Kurleman stated the property is at the major City intersection of US 19N and Gulf-to-
Bay Boulevard and reviewed staffs recommendation for installation of a landscape buffer and
trees. He said it is not appropriate for the board to consider bonding arrangements.
, . ,In response, to a question, Mr. Kurleman said the restaurant1s reoccupation of the vacant
site triggered current landscape requirements. In response to a question, Mr. Kurleman
estimated it would cost $1,000 to bring the site into compliance. Mr. Menna said the cost would
be much higher as the asphalt would have to be cut to install an irrigation system. Discussion
ensued regarding the need to install an irrigation system and related costs. It was felt the
maintenance of attractive landscaping is important due to the site's location. Mr. Menna agreed
'to install required landscaping and maintain it with manual watering until the site plan is
, approved. In response to a question, Mr. Kurleman said s'taff wi1lreport to the board if
landscaping i.s not maintained.
Member Huffman moved that the Municipal Code Enforcement Board has heard
testimony at its regular meeting held on May 22, 2002, and based on the evidence issued its
, Findings of Fact, Conclusions of Law1 and Order as follows:
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OS/22/02
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FINDINGS OF FACT
After hearing testimony of Mr. John Menna, respondent and Scott Kurleman, code
inspector and viewing the evidence, City Exhibits: E?<hibit 1-Letter to City of Clearwater; Exhibit
2-Notlce of Violation; Exhibit 3-Community Development Code Section 3-1204, 3-1205; Exhibit
4~Property Appraiser Report; Exhibit 5-Notice of Hearing; Exhibit 6-Land Planning Map; Exhibit
7-Photos; Exhibit a-Affidavit of Violation & Request for Hearing1 it is evident the property is in
violation of the City code In that installation and maintenance of landscaping has not been
done.
"
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing Is in violation af Section 3-1204
(A)(B)(D)(I)(L) of the Code of the City of Clearwater. Florida, in that the Respondent has failed
to remedy the cited violation(s). '
ORDER
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It is the Order of the Board that the Respondent Is to correct the aforesaid violation by
June 21,'2002. The burden shall rest upon the Respondent to request a re-Inspection by the
Code Inspector to verify compliance with this Order.
In the event the aforesaId violation is found, In subsequent proceedings by this Boardl
not to have been'corrected on or before June 2112002, the Respondent may be ordered to pay
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a fine in the amount of fifty dollars ($50) per day for each day the violation continues beyond
June 21. 2002." ' <
, 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 alien against a'ny 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 p'arty may petition the Board to reconsider or rehear any Board Order
resulting from a public hearing: A petition for rehearing must be made ir, 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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1 D) Case 15~02
Susan M. Bell'
1128 Carlton Street
(Occupational License) - Dee Shawen
Withdrawn
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Case 16~02
Laura J. Porter'
1524 S. Prospect Avenue
(Public Nuisance) - Julie Phillips
Acting Board Secretary Susan Stephenson read the Affidavit of Violation & Request for
Hearing. Service on 'the notice of hearing was 'obtained by certified mail. '
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, Laura J. Porter. property owner, admitted problems exist at 1524 S. Prospect Avenue
but said she had addressed some of the compliance Issues.
" Code Enforcement Inspector Julie Phillips said while some of the vehicles had been
removed from the property. a station wagon and travel trailer, without current registrationf
remain. A significant amount of debris remains onsite. '
I,
" Ms. Douga"~Sfdes submftted City ExhIbits 1 - 8 for 1524 S. Prospect Avenue and
distributed photographs of the site.
Nathaniel Luke stated he is helping his sister, Ms. Porter, address problems. He is
trying to contact the previous owner of the travel trailer to obtain the title and acquire a
temporary tag. He said 99% of the trash in the yard has been removed. In response to a '
question, he was unsure if he could sell the statl~m wagon within 10 days. Ms. Phillips Indicated
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OS/22/02
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Code prohibits the sales of vehicles from front yards in residential neighborhoods. In response
to a question, she said remaining debris Includes scattered old fencing, tires, and a refrigerator.
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Ms. PhilHps said after her original visit to the property in November 2001. Ms. Porter was
hospitalized for a period of time. Ms. Phillips said significant improvement has occurred in the
last few weeks. Mr. Luke said his brother-in-law, who passed away last year, had accumulated
a great deal of junk. In response to a question, Ms. Phillips said the City could run the Vehicle
Identificatlon Number for Ms. Porter. The City could arrange to tow the vehicles and bill Ms.
Porter for related costs. Staff hoped Ms. Porter will have the vehicles removed. The site does
not have a garage or car port where vehicles could be parked. The vehicles could remain In
their current location if they were tagged.
, Member Cole moved that the Municipal Code Enforcement Board has heard testimony
at its regular meeting held on May 22, 2002, 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 Nathaniel Luke, spokes person for ~espondent, and Julie
Phillips, code inspector and viewing the evidence, City Exhibits: Exhibit 1-,Notice of Violation;
Exhibit 2-Affidavit of Posting; Exhibit 3-Community Development Code Sections 3-1503.B.6; 3-
1503.B7; Exhibit 4 -Property Appraiser Printout; Exhibit 5-Motor Vehicle Information-Pinellas
County; Exhibit 6 - Affidavit of Violation & Request for Hearing; Exhibit 7-Notice of Hearing;
ExhibitS-Photos, it Is evident the property is in violation of the City code in that there are
, several inoperative vehicles on the property as well as general debris.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is In violation of Section 3-1503.8.6; 3-
1503.B.7 of the Code of the City of Clearwater, Florida, in that the Respondent has failed to
remedy the cited violation(s).
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05/22/02
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid violation by
June 21, 2002. The burden shall rest upon the Respondent to request a re-inspectlon 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 June 21, 2002. the Respondent may be ordered to pay
a fine in the amount of fifty dollars ($50) per day for each day the violation continues beyond
June 21, 2092. '
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 Pinel/as County, Florida, and once
recorded shall constitute a lien against an'y real or personal property owned by the Respondent
pursuant to Chapter,162 of the Florida .Statutes. ' '
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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 petition1 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 w~s duly seconded and carried unanimously.
1F) Case 17.02
Jacqueline Chaplin, Est '
1000 Grantwood Avenue
(Public Nuisance) - Janice King
Acting Board Secretary Susan Stephenson read the Affidavit of Violation & Request for '
Hearing. Service on the notice of hearing was obtained by certified mail.
, In response to questions from Ms. DougallMSides; Code Enforcement Inspector Janice
King said she initially inspected the singleMfamily residence at 1000 Grantwood Avenue on
January 25. 2002, following an anonymous complaint. She observed stagnant water;
approximately 6-inches deep, In an above ground pool, which Is a nuisance. The fence on the
property's northeast side is in disrepair. She issued a warni'ng notice1 left several door hangarst
and mailed notices of Violation. The certified mail was returned to the City unclaimed. The City
received one telephone messaget on April 23t 2002, indicating a fire had occurred. Staff has
'had no response to either telephone number left In the message. Ms. King said a person
replacing kitchen cabinets had stated the owner had received an Insurance settlement for the
fire in the bathroom. She reinspected the property after the compliance date and found the
property's conditiofl unchanged
, Ms. King identified photographs she had taken of 1000 Grantwood Avenue In March and
on May 22. 2002, and indicated the photographs are an accurate representation of current
conditions~ She said only one tire has been removed. She said outside storage items need to
be placed in the garage and recommended the swimming pool be drained. Neighbors have
problems related to I!losquitoes breeding in the, pool. The pool will remain an attractive
, nuIsance unless it is covered.' She recommended 14 days to comply or a $50 per day fine be
, imposed.
, Ms. Dougall-Sides submitted City Exhibits 1 - 7 for 1000 Grantwood Avenue and
distributed photographs of the site.
Discussion ensued regarding the debris in the back yard and concerns regarding the
broken fence. Concern was expressed the property owner had ignored related problems for a
long time and was not represented today.
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OS/22/02
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Member Allbritton moved that the ,Municipal Code Enforcement Board has heard
testimony at Its regular meeting held on May 22. 2002, and based on the evidence'lssued its
Findings of Fact. Conclusions of Law. and Order as follows:
FINDINGS OF FACT
After hearing testimony of Janice King. code inspector and vIewing the evidencet City
Exhibits: Exhibit 1-Warning; Exhibit 2-Notice of Violatton; Exhibit 3-Affidavit of Posting; Exhibit
4-Communlty Development Code-Section 3-808; 3-1503.8.3; and 3-1502.G; Exhibit 5-Affidavlt
of Violation & Request for Hearing; Exhibit 6-Notice of Hearing;, Exhibit 7-Photos; Exhibit 8-
Photos. it is evident the property is in violation of the City code in that there is outdoor storage.
dirty pool water; and poorly maintained fence.
CONCLUSIONS OF LAW
" The Respondent by reason of the foregoing is in violation of Section 3-808; 3-1503.8.3;
and 3-1502.G of the Code of the City of Clearwater, Florida, in that the Respondent has failed
to remedy tne cited violation(s). ,
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid violation by
, June 05, 2002. The burden shall rest upon the Respondent to request a re-inspection by the
Code Inspector to verify compliance with this Order.
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In the event the aforesaid violation is foundt in subsequent proceedings by'this Board.
not to have been corrected on or before June, OS. 2002. the Respondent may be ordered to pay
, a'fine in the amount.of one hundred dollars ($100) per day for each day the violation continues
beyond June 05t 2002.
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
~ithout 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 petitiont 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.
o
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05/22/02
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ITEM #2 - Unfinished Business
, The' Chair read a letter fro~ 'the Mayor expressing disappointment that board member
, ' attendance was poor at this year's appreciation dinner. The City paid a considerable amount of
money for meals, prepared for board member and their guests, who did not attend after
indicating, they would. Suggestions for future appreciation events were requested. 'It was
recommended Individual suggestions for changes be forwarded to the CIty Manager's office.
. Member Teismann has resigned from the MCEB (Municipal Code Enforcement Board)
and the City Commission will consider applications for the empty seat.
, Item #3 - Other Board Action/Discussion - None.
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Item #4 - New Business - None.
Item #5 - Nuisance Abatement Lien Filings - None.
Item #7 - Adiournment
The meeting adjourned at 4:15 p.m.
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Chair .
Municipal Code Enforcement B:oard
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SecretafY f r the Board '
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OS/22/02
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