11/12/2003 (2)
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ACTION AGENDA
City of Clearwater
Municipal Code Enforcement Board
November 12t 2003
1.
PUBLIC HEARINGS
A. Case 02..03 - Contd from 4/23/03
Parkside Clearwater Associates - Property Owner
Clear Channel Outdoor, Inc. - Billboard Owner
24639 US Highway 19 N
Development - Fox
Action: Withdrawn
B. Case 41..02 - Contd from 6/25/03
Spence Designs, Inc. (Something Fishy)
913 N. Ft. Harrison Avenue
Development - Ruud
Action: Continued to 1/28/04
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B. Case No. 24.03 - Contd from 9/23/03
Tim J. Schemel
2300 Gulf to Bay Boulevard
Development - Kurleman ,
Action: Imposed fine of $2000 payable within 30 days
D. Case No. 35..03.. eontd from 9/23/03
Sabrooke Trust-Trustee Sandelman/Phillip Evans
20228 U.S. Highway 19 N
Nuisance Appeal - Hofferle
Action: Continue to 1/28/04 for status report
E. Case No. 36..03
Gary M. Reynolds
406 Leeward Island
Development - Phillips ' , .
Action: Comply within 30 days (12/12/03)or $150/day
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F. Case No. 37..03
, Christian S. Keiper
110 S. Arcturas Avenue
Development - Hofferls
Action: Complied prior; declaration of violation established
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, G. Case No. 38..03
Christopher Walker
532 S. Crest Avenue ,
Development - Hofferle ,
Action: Comply within 30 c:tays (12/12/03) or $150/day
Code Enforcement Action Agenda 11-12-2003
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. 2. UNFINISHED BUSINESS
A., Case No. 35-00 - Affidavit of Compliance
Bayrock Energy, Inc. & Infinity Outdoor. Inc.
2760 Gulf to Bay Boulevard
Action: Accepted
B. Case 37..00 - Affidavit of Compliance
Car Spa/lnftnity Outdoor. Inc.
2516 Gulf-to-Bay Boulevard
Action: Accepted
C. Case 14-02 - Affidavit of Compliance
Menna-Pinellas
20788 U. S. Hwy 19 N
Development - Kurleman
Action: Accepted
D. Case No. 19-03 - Affidavit of Compliance,
Sean Morrissey & Nancy Koppel
1777 Apache Trail
Development Code - Ruud
Action: 'Accepted
. E. Case,No. 28-03..;... Affidavit of Compliance
Jennifer Carpenter
915.5 Turner Street
Unsafe Building - Wright , , ,
Action: Accepted
F. Case 31-03 - Affidavit of Compliance.
Nicholas Vasilaros
306 leeward Island
Development - Philllips '
Action: Accepted
G. Case No. 33-03 - Affidavit of Compliance"
Donald K. & Juanita' P. Jackson
605 EdenvilleAvenue I'
Development - Hofferle
. Action: Accepted
, H. Case No. 34-03 - Affidavit of Compliance
Donald K. & Juanita P. Jackson
609 Edenville Avenue . .
Development - Hofferle
Action: Accepted
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Code Enforcement Action Agenda 11-12-2003
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I. Case No. 30-03 - Affidavit of Compliance
Thomas Vasilaros
938 Narcissus Avenue
Development - Phillips
Action: Accepted
3.
OTHER BOARD ACTION/DISCUSSION
A. Request for fine reduction
Case 19-03
Michael Hendry/Morrissey and Koppel
1777 Apache Trail (Morrissey/Koppel)
Development - Ruud
Action: Reduced to $1,000 payable within 30 days
B. Request to address board re fine reduction in January
Jefferey E. Eller re E. G. Bradford & Sons property
111 S. Belcher Road .
Development
Action: Approved request to address board 1/28/04
C. Request to address board re fine reduction in January
Jeanette Haugen/Provident Bank Inc.
1304 N. Madison Avenue
Building ~ Wright
Action: Approved request to address board 1/28/04
D. Fine Status Report - Reviewed
4. NEW BUSINESS
A. Procedure re capping fines
1) Closing cases
, 2) Retroactive
3) Reduction of fines on closed cases
Action: Consensus was to cap fines at assessed tax roll value; that
city determine appropriate action 6 months after cap Is reached; and
the cap on fines be retroactive back to existing liens.
5.,', NUISANCE ABATEMENT LIEN FILINGS: None
6. APPROVAL OF MINUTES - September 24,2003
Action: Approved as submitted
7. ADJOURNMENT - 4:01 p.m.
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Code Enforcement Action Agenda 11-12-2003
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
November 12, 2003
Present:
Sheila Cole
Joyce Martin
L. Duke Tieman
George Krause
Douglas J. Williams
Richard Avichouser
Chair
Board Member
. Board Member
Board Member
Board Member
Board Member
Absent:
Board Member
Jay Keyes
Bryan Ruff
Andrew Salzman
Mark K. (Sue) Diana
Patricia O. Sullivan,
Assistant City Attorney
Attorney for the Board
Secretary for the Board
, Board Reporter
Also Present:
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.
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 dedsion' of this Board to have a record of the proceedings.
1 - PUBLIC HEARINGS
A. Case 02-03 - Cont'd from 4/23/03 ,
Parkside Clearwater Associates - Property Owner
Clear Channel Outdoor, Inc. - Billboard Owne'r
24639 US Highway 19 N
Development.:..... Fox
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Staff reported this case has been withdrawn,'
B. Case 41-02 - Cont~d from 6/25/03 '
'Spence Designs, Inc. (Something Fishy)
913 N. Ft. Harrison Avenue
Development - Ruud
Staff continued this case to the January 28, 2004 meeting.
Code Enforcement 2003-11-12
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C. Case No. 24-03 - Cont'd from 9/23/03
Tim J. Schemel
2300 Gulf-to-Bay Boulevard
Development - Kurleman
Attorney for the Board Andrew Salzman reported testimony and exhibits related to this
case had been presented to the board on September 24, 2003. Land Resource Specialist Scott
, Kurleman first inspected the property on February 21, 2003 and issued a notice of violation on
that date. Mr. Tim J. Schemel was charged with removing, without permit, crepe myrtles and a
20-inch live oak, a protected tree.
Assistant City Attorney Bryan Ruff presented photographs taken by Mr. Kurleman of the
property and submitted 'City Exhibits 1-5. Mr. Kurleman recommended imposing a $2,000 fine;
payable within 30 days, based on the size of the tree removed. In response to a question, he
said both violation property owner and unlicen~ed tree trimmer were cited. The property owner
has submitted a landscape plan to replace lost inches of trees to the best extent possible. Tim
Schemel was not present and had no representation.
Member Tieman moved that the Municipal Code Enforcement Board has hoard
testimony at its regular meetings held on August 27,2003 and November 12,2003, 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 Scott Kurleman for City, Respondent was not
present and had no representation at either meeting, and viewing the evidence, Exhibits 1-5
[Ex. 1 - notice of violation; Ex. 2 - applicable code sections; Ex. 3 - property appraiser printout;
Ex. 4 - affidavit of violation & request for hearing; and Ex. 5 - composite photographs], it is
evident the property is in violation of the City code in that a 20-inch live oakt an a-inch live oak,
two a-inch crepe myrtles and required landscape were removed without a permit.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 4-1201 of the
Community Development Code of the City of Clearwater, Florida, in that the Respondent has
removed the above listed trees and landscaping without a permit.
ORDER
. It is the Order of the Board that the Respondent is to pay a fine in the amount of two
. thousand and no/100 dollars within ,30 days (December 12t 2003). .
If Respondent does not pay the fine by December 12, 2003. a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas CountYt Florida.
Should the violation reoccur, the Board has the authority to. impose the fine at that time
. without a subsequent hearing.
Code Enforcement 2003-11-12
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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 the petition to reconsider or rehear.
The motion was duly seconded and carried unanimously.
D. Case No. 35-03 .. Cont'd from 9/23/03
Sabrooke Trust-Trustee Sandelman/Phillip Evans
20228 U.S. Highway 19 N
Nuisance Appeal- Hofferle
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Board Secretary Sue Diana reported service on the notice of hearing had been
obtained. The property owner, Phillip Evans,' has filed an appeal regarding the Inoperative
Vehicle Notice of Violation related to a trailer, mailed on August 13, 2003 by Code Enforcement
Inspector Jana Hofferle.
Phillip Evans stated he is leasing the building at 20228 US Highway 19 N from Sabrooke
Trust. He reviewed' his efforts to obtain a license tag for the subject vehicle. He said he had
anticipated his efforts would have been successful by this time but has been delayed by a
requirement to publish no'tification in the newspaper. In response to a question, Mr. Evans said
he is at the mercy of the court regarding a date for final determination.
Mr. Ruff recommended con'tinuing the case to January 28, 2004, with the onus on Mr.
Evans to submit completed paperwork as soon as he obtains it.
Member Williams moved to continue Item 1 D, Case No. 35-03 to the meeting of January
28, 2004, for a status report. The motion was duly seconded and the motion carried
unanimously.
E. Case No. 36-03
Gary M. Reynolds
406 Leeward Island
Development - Phillips
Board Secretary Sue Diana reported service on the notice of hearing was obtained by
posting it on the property at least 10 days prior to today. Property owner Gary M. Reynolds was
not present and had no represent':ltion.
In response to questions from Mr. Ruff, Code Enforcement Inspector Julie Phillips
reported she first inspected the property on August 29, 2003, following an anonymous
complaint. The property's gravel yard is overgrown, the home has peeling paint. and there is
no fencing to prevent access to a swimming pool, which is filled with water so black that the
pool's bottom is not visible. She said the violation is a threat to public health,. safety, and
welfare, Ms. Phillips issued the Notice of Violation on August 29, 2003, The certified mail
notice was not returned. Ms. Phillips reexamined the property today and found no change
Code Enforcement 2003-11-12
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except for an additional violation, The only contact with the property owner was via a second
party who telephoned staff on September 16, 2003. and reported that property owner Gary
Reynolds was out of town, The requested extension until October 2003 was denied as nothing
had been received from the property owner. '
Mr. Ruff presented City Exhibit 6, photographs of the property. Ms. Phillips stated she
had taken the photographs on November 12. 2003 and they show vegetation taller than 12
inches high in the neglected gravel yard, signs of deterioration on the eaves. rotting wood on
the structure's south side, and paint on the western portion of the house coming off in two-foot
strips.
Mr. Ruff submitted City exhibits 1-6. Ms. Phillips believed the property could be brought
into compliance within 30 days. She recommended 30 days to comply or a $100 per day per
violation fine be imposed. In response to a question, Ms. Phillips said the property owner is an
out of state builder who uses the property when he is in town. "
In response to a question. Mr. Salzman said the inspector will work with the homeowner
if repairs take longer than 30 days. Concern was expressed leaving the pool accessible for 30
days is too long.
Member Williams moved to impose a fine of $100 after 30 days. The motion was duly
seconded. It was recommended the daily fine be increased to $150 as the violations are health
and safety hazards. Member Williams agreed to the amendment and the seconder concurred.
Member Williams moved that the Municipal Code Enforcement Board has heard,
testimony at its regular meeting held on November 12, 2003, 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 Julie Phillips for City, Respondent was not
present and had no representation, and viewing the evidence, City Exhibits 1-6 [Ex. 1 a, 1 b. 1 c -
notices of violation; Ex. 2 - affidavit of posting; Ex. 3 - applicable code sections; Ex. 4 -
property appraiser printout; Ex. 5 - affidavit of violation'& request for hearing; and Ex. 6-
composite photographs]. it is evident the property is in violation of the City code in that the
exterior portion of the house is in bad condition.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 3-1503.B5,7.8 of
the Community Development Code of the City of Clearwater, Florida. in that the Respondent,
has failed to remedy the cited vlolation(s).
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid violation
within 30 days (December 12. 2003). The burden shall rest' upon the Respondent to request a
reinspection by the Code Inspector to verify compliance with this Order.
Code .Enforcement 2003-11-12 '
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In the event the aforesaid violation is found, in subsequent proceedings by this Board,
not to have been corrected on or before December 12. 2003, the Respondent may be ordered
to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day for each
day the violation continues beyond December '12. 2003.
If R,espondent 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 subseq uent hearing.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resulting from a pubHc 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.
F.Case No. 37-03
Christian S. Keiper,
110 S. Arcturas Avenue '
Developm~nt - Hofferle
Board Secretary Diana reported service on the notice of hearing was obtained by
posting it on the property on October 31, 2003. Property owner Christian Keiper was not
present and had no representation.
In response to questions from Mr. Ruff. Ms. Hofferle said she first inspected the property
on June 24. 2002 in response to an anonymous complaint. She said the canvas carport in front
of the house violated code. She reinspected the property this morning and found it to be in
compliance. She said although the property was out of compliance for 18 months, her first
contact with the property owner did not occur until this morning. Mr. Ruff submitted City
Exhibits 1-6, including photographs. Ms., Hofferle requested the board issue a declaration of
violation to prevent the infraction from reoccurring.
Member Martin moved that the Municipal Code Enforcement Board has heard testimony
,at its regular meeting held on November 12,2003, 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 Jana Hofferle for City, Responde~t was not
present and had no representation, and viewing the evidence. City Exhibits 1-6 [Ex. 1 a, 1 b, 1 c,
Code Enforcement 2003-11-12
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1 d - notices of violation; Ex. 2a, 2b, 2c. certified mail receipts; Ex. 3 - applicable code sections;
Ex. 4 - property appraiser printout; Ex. 5 - affidavit of violation & request for hearing; and Ex. 6
- composite photographs]. it is evident a canvass carport was installed which is prohibited and
was in violation of Section 3.201.9 of the Community Development Code of the City of
Clearwater, It is further evident that the condition was corrected prior to this hearing.
CONCLUSIONS OF LAW
The Respondent by reason of th~i: foregoing was in violation of Section 3.201.9 of the
Community Development Code of the City of Clearwater, Florida.
ORDER
It is the Order of the Board that the Respondent is to continue compliance with said
Section 3.201.9 of the Community Development Code of the City of Clearwater. If Respondent
repeats, the violation, the Board may order the Respondent to pay a fine for each day th~
violation 'exists after the Respondent is 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. 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.
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.
G. Case No. 38-03
Christopher Walker
532 S. Crest Avenue
Developmen't - Hofferle
Property owner Christopher Walker admitted to the violation. He estimated bringing the
property into compliance would take 30 days. Ms. Hofferle said the property owner has been
working on repairs. She recommended 40 days to comply or a $150 per day fine be imposed.
Mr. Salzman noted the property owner had requested 30 days.
Member Tieman moved The Municipal Code Enforcement Board has heard testimony at
its regular meeting held on November 12, 2003, and based on the evidence issued its Findings
of Fact. Conclusions of Law, and Order as follows:
Code Enforcement 2003.11.12
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FINDINGS OF FAcT
After hearing testimony of Code Inspector Jana Hofferle for City and Christopher Walker
for Respondent, who admitted to the violation, it is evident the property is In violation of the City
code in that the exterior of the house has not been maintained,
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 3.1502,B 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 12, 2003), 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 12. 2003. the Respondent may be ordered
to pay a fine in the amount of one hundred fifty and no/100 dollars ($150,00) per day for each
day the violation continues beyond December 12, 2003. '
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 petiti,on to recoflsider or rehear.
The motion was duly seconded and carried 'unanimously.
2 - UNFINISHED BUSINESS
A. Case No. 35-00 - Affidavit of Compliance
,Bayrock Energy, Inc. & Infinity Outdoor, Inc.
2760 Gulf to Bay Boulevard
Development - Fox
AND
Code Enforcement 2003-11-12
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Car Spa/Infinity Outdoort Inc.
2516 Gulf-to-Bay Boulevard .
Development - Fox
AND
C. Case 14-02 - Affidavit of Compliance
Menna-Pinellas
20788 U. S. Hwy 19 N
Development - Kurleman
AND
D. Case No. 19-03 - Affidavit of Compliance
Sean Morrissey & Nancy Koppel
1777 Apache Trail
Development Code - Ruud I "
AND
E. Case No. 28-03 - Affidavit of Compliance "
Jennifer Carpenter
. 915.5 Turner Street
Unsafe Building - Wright
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F. Case 31-03 - Affidavit of Compliance
Nicholas Vasilaros . "
306 Leeward Island
Development - Phillips
AND
G. Case No. 33-03 - Affit;lavit of Complianc,e
Donald K. & Juanita P.,Jackson
605 EdenviJIe Avenue
Development - ~offerle
AND'
H. Case No. 34-03 - Affidavit of Compliance
Donald K. & Juanita P. Jackson
609 EdenviJIe Avenue
Development - Hofferle .
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Member Tieman moved to accept the Affidavits of Compliance for Cases 35-00, 37-00,
14-02, 19-03,28-03,'31-03,33-03, and 34~0. The motion was duly seconded and carried
unanimously,
3 - OTHER BOARD ACTION/DISCUSSION
A. Request for fine reduction
Case 19..03
Michael Hendry/Morrissey and Koppel
1777 Apache Trail (Morrissey/Koppel)
Development - Ruud
Property owner Michael Hendry reviewed the history of the property, stating he is a
partial owner. He said he had brought the property into compliance as soon as he could. He
did not think the previous owner understood code enforceme~t actions against the property.
In response to a question, Ms. Diana reported the $150 per day fine now totals $19,350.
Development Services Manager Don Hall did not oppose a reduction of the fine, stating the
property was brought into compliance soon'after Mr. Hendry's involvement. Staff estimated
City costs related to the' property at $1,000.
Member Williams moved to reduce the fine for Case 19-03 to $1,000, payable within 30
days. The motion was duly seconded and ~arried unanimously.
B. Request to address board re fine reduction in January
Jeffrey E. Eller re E. G. Bradford & Sons property
111 S. Belcher Road
Development
Consensus was for the board to hear this request for a fine reduction on January 28,
2004.
C. Fine Status Report
AND
4 - NEW BUSINESS
A. Procedure re capping fines
1) Closing cases
AND
2) Retroactive
AND
Code Enforcement 2003-11-12
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. 3) Reduction of fines on closed cases
Mr. Salzman said staff. had reviewed issues related to fines and agreed the amount of
fines due on some properties had become unrealistically high. Staff suggests capping fines at
the value of the property, based on the County's tax roll value. Once fines reach the value of
the property, they would stop accruing and the City could address the issue and either raze the
structure or sell the property. If approved, the board would need to implement the change as
policy, The change could be applied retroactively to start closing active cases. The change
would make properties more affordable and encourage redevelopment.
In response to a question, Mr. Salzman said a time frame had not been discussed
regarding City action after fines stop accruing. He suggested six months would be appropriate.
Consensus was to cap fines at the value of the property, based on the County's tax roll
value, and once fines reach the cap for the City to wait six months before taking action.
5 - NUISANCE ABATEMENT LIEN FILINGS - None.
6' - APPROVAL OF MINUTES - September 24, 2003
, Member Williams moved to approve the minutes 'of the regular meeting of September
24, 2003, as recorded and submitted in written summation to each board member. The motion
was duly seconded and carried unanimously.
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Holiday wishes were expressed.
7 - ADJOURNMENT
The meeting adjourned at 4:0f p.m.
~<2 La..
.~air
Municipal Code Enforcement Board
Attest: ,
)/uAa:/.L~ If7A4A~~~ G.u~
,Board ~ ~' " (/
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Code Enforcement 2003-11-12 '
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