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09/14/1988 MUNICIPAL CODE ENFORCEMENT BOARD September 14, 1988 Members present: Robert Aude, Chairman Phillip N. Elliott, Vice-Chairman James Angelis Frank Morris Bruce Cardinal William Murray Tim Amburgy Also present: Rob Surette, Assistant City Attorney Shirley A. Corum, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 1:03 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 Lot Clearing List 88-09-1 Item No. 2 Henry L. Moore Re: Pine Crest Sub., Blk. 5, E 91 ft. Lots 1 & 2 a/k/a 808 Pennsylvania Ave. Vicki Neimiller, Sanitation Inspector, stated she first inspected this property on July 25, 1988 at which time she observed roofing tiles, many of which were broken, and not staked in a neat manner. She stated she considers the area to be a health hazard, a breeding place for rodents and mosquitos and, since it is in a residential area, she feels it is a hazard to young children who cut across the property and impairs the neighborhood aesthetically. City submitted composite exhibit #1, nine photographs of the property. Ms. Neimiller stated she had spoken with the owner on August 4th, but as of the morning of the hearing, the situation still exists. The Assistant City Attorney requested the Board take judicial notice of the applicable Code sections. Henry Moore stated in his opinion the tiles are not debris. They have been stored there for 30 years and are there for a purpose, the purpose being he is constructing a tile fence for security for his property. He stated the property has been looted numerous times and the tile fence is to secure the property. Mr. Moore submitted Defendant exhibit #1, a copy of the drawing of the fence that was submitted to the Building Department when he obtained his building permit, and exhibits #2 & #3, photographs of the fence. Mr. Moore stated he is building a six foot high tile fence, 25 feet from the property line. The building permit was obtained September 8, 1988, and he estimates it will take a minimum of six months to complete the construction of the fence. The Assistant City Attorney stated Mr. Moore was cited for the identical violation by the Lot Clearing Board on November 13, 1984. Mr. Moore stated that, at that time, the Board ordered him to stack the tiles neatly and mow the grass rather than remove the tiles. The Assistant City Attorney requested the Board give Mr. Moore a reasonable period of time to complete the fence and to order removal of the broken tiles as debris. Discussion ensued regarding whether the Board could order a time frame for construction of a fence. Mr. Amburgy expressed concern whether construction materials would be a matter for the Code Enforcement Board. Concerns were also expressed regarding whether a six foot cement tile fence without reinforcement would be approved by the Building Department. Mr. Elliott moved that concerning Case No. 2, Lot Clearing list 88-09-1 regarding violation of Chapter 95 of the Clearwater City Code, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of September, 1988, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Vicki Neimiller, Sanitation Inspector, and Henry Moore and viewing the evidence, exhibits submitted: City composite exhibit #1 and Defendant's exhibits 1 - 3, it is evident that there does exist debris and trash at the above referenced address. The Conclusions of Law are: Henry L. Moore is in violation of Chapter 95 of the City Code. It is the Order of this Board that Henry L. Moore shall comply with Chapter 95 of the Code, specifically 95.04(a), of the City of Clearwater within 180 days. Every 30 days the Sanitation Inspector is to review and report the status to the Municipal Code Enforcement Board at its regular meeting. Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Henry Moore. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost of clearing the property plus a $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Henry L. Moore shall notify Vicki Neimiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and upon the vote being taken: Messrs. Aude, Elliott, Angelis, Morris, Cardinal, and Murray voted "aye". Mr. Amburgy voted "nay". Motion carried. Done and Ordered this 14th day of September, 1988. Abandoned Property List 88-09-1 Item Nos. 1 & 2 Jean C. Ratcliff 663 Bay Esplanade Vern Packer, Sanitation Inspector, stated that the property was removed the morning of the hearing, although removal was suppose to be by September 13th, the day prior to the hearing. Mr. Packer requested the cases be withdrawn. Mr. Cardinal moved to withdraw Case Nos. 3 & 4 of Abdndoned Property List 88-09-1. Motion was duly seconded and carried unanimously. Item Nos. 3 & 4 Robert J. Kiefer 1950 Los Lomas Drive Vicki Neimiller, Sanitation Inspector, stated the violation was observed at 1950 Los Lomas Drive on July 5, 1988. At that time, there were three vehicles on the property; one has since been removed. City submitted exhibits #1 & 2, photographs of the vehicles. Ms. Neimiller stated she inspected the property the morning of the hearing and the two vehicles are still there. The Buick has flat tires and no license plate and the Dodge has an expired tag. Robert Kiefer stated there were three vehicles on his property at 950 Los Lomas Drive; one did not belong to him and has since been removed. The two cars that remain are owned by his mother and grandmother. He stated they are both titled and they have now obtained license tags for both vehicles. Mr. Kiefer stated the vehicles are operable. He has been working on the Dodge which has an electrical problem and the flat tires on the Buick will be taken care of. The Assistant City Attorney pointed out that an inoperative vehicle cannot be stored for more than 30 days without being enclosed in a garage or carport according to the ordinance. Mr. Cardinal moved that concerning Item Nos. 3 & 4 on Abandoned Property List 88-09-1 regarding violation of Chapter 95 of the City Code, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of September, 1988, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Vicki Neimiller, Sanitation Inspector, and Robert Kiefer and viewing the evidence submitted: City exhibits #1 & #2, it is evident that there exists inoperative vehicles in the form of two automobiles at the above referenced address. The Conclusions of Law are: Robert Kiefer is in violation of Chapter 95 of the City Code. It is the Order of this Board that Robert Kiefer shall comply with Chapter 95 of the Code of the City of Clearwater within 30 days. Upon failure to comply within the time specified, the inoperative vehicles will be removed by the Sanitation Division and the owner of such property shall be liable for the cost of removal and destruction. Should the violation recur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Motion was duly seconded and carried unanimously. Done and Ordered this 14th day of September, 1988. Case No. 121-88 Cyprion Enterprises, Inc. d/b/a La Rose Restaurant (Land Development Code) The Inspector requested this case be continued to the October meeting. Mr. Angelis moved to continue Case No. 121-88 to the meeting of October 12, 1988. Motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report The fine status report was reviewed by the Board and discussion ensued regarding Jeralne Burt's lien status. The Assistant City Attorney stated numerous liens exist on her property and the City liens are inferior to many others. NEW BUSINESS - None. MINUTES Mr. Elliott moved to approve the minutes of the meeting of August 10, 1988 as submitted. Motion was duly seconded and carried unanimously. The meeting adjourned at 2:34 p.m.