03/23/1988 MUNICIPAL CODE ENFORCEMENT BOARD
March 23, 1988
Members present:
Robert Aude, Chairman
Phillip N. Elliott, Vice-Chairman
James Angelis
Frank Morris
Bruce Cardinal
John Ehrig (arrived 5:15 p.m)
William Murray
Also present:
Rob Surette, Assistant City Attorney
Shirley A. Corum, Secretary for the Board
The meeting was called to order by the Chairman at 5:05 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final
administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days of the execution of the order
to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal.
PUBLIC HEARINGS
The Assistant City Attorney informed the Board he had reviewed the Lot Clearing Ordinance and found serious defects.
Abandoned Property List 88-03-2
Case No. 1 William P. Mahoney
417 North Washington Ave.
This case, cited under Chapter 95.04(d) of the City Code, refers to F.S. Section 705.16 which is adopted by the City by reference. The statute was amended in 1987, and this referenced
section no longer exists in Florida Statutes; therefore, the Sanitation Division cannot cite abandoned property violations on a non-existing statute. The Assistant City Attorney recommended
the case be dismissed and recited under the proper section.
Discussion ensued regarding what remedy the Board could offer to Mr. Mahoney, who was present for the hearing.
Vern Packer, Sanitation Inspector, stated this violation has been a recurring situation since May of 1987. The boat and trailer are inoperative and no attempts have been made to improve
or restore them.
William Mahoney stated the boat is fiberglass, which is built to handle the elements; and he intends to keep it for his sons to use. He stated it is on a concrete slab and is bothering
no one.
Mr. Elliott moved to dismiss Case No. 1, Abandoned Property List 88-03-2 based on the Assistant City Attorney's recommendation. Motion was duly seconded and carried unanimously.
The Assistant City Attorney informed the Board that the Lot Clearing Ordinance is being redrafted and the reference to Florida Statute 705.16 deleted. In the new ordinance, aesthetic
concerns, attractive nuisances, and property values will be addressed. He also informed the Board they have the authority to impose fines up to $250 per day, but no authority to impose
administrative fees.
The meeting adjourned at 5:35 p.m.