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09/27/1989 MUNICIPAL CODE ENFORCEMENT BOARD September 27, 1989 Members present: William Murray, Vice-Chairman Bruce Cardinal William Zinzow Michael Dallman D. Wayne Wyatt Absent: Robert Aude, Chairman (excused) James Angelis (excused) Also present: Rob Surette, Assistant City Attorney Alan Zimmet, Board Attorney Cynthia E. Goudeau, 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 3:00 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 Public Nuisance Clearing List 89-9-2 Item No. 1 Mariusz/Elizabeth Bandurski about 2399 Old Coach Trail Coachman Ridge Tract A-II, Lot 191 Vern Packer, Sanitation Inspector, stated the property was inspected August 21, 1989 after receiving a complaint on the 18th and found to be overgrown. The property was posted on the 21st and photographs taken. He stated he reinspected this morning and found the property still in violation. In response to questions, Mr. Packer stated there is a retention pond and the banks are the responsibility of the property owners. City submitted composite exhibit A, a copy of the file of record. Mr. Packer stated he verified property ownership with the Property Appraiser's office, notice was sent to the owners certified mail and the signed receipt was returned. In response to questions, Mr. Packer stated the pond does hold fresh water and the owners have been made aware of what they need to clear. There are four property owners of which three have complied. No one was present to represent the violators. Mr. Cardinal moved that concerning Item No.1 of Public Nuisance Clearing List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at about 2399 Old Coach Trail aka Coachman Ridge Tract A-II, Lot 191, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of September, 1989, 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 Vern Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Mariusz & Elizabeth Bandurski are in violation of Section 95.04. It is the Order of this Board that Mariusz & Elizabeth Bandurski shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 Mariusz & Elizabeth Bandurski. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $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, Mariusz/Elizabeth Bandurski shall notify Vern Packer, 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 carried unanimously. Done and Ordered this 27th day of September, 1989. Item No. 2 R. K. McGraw 784 Island Way Island Estates Sub., Unit 8 Vern Packer, Sanitation Inspector, stated the property was inspected August 21st, it is a vacant lot and overgrown with high vegetation. The property was posted and photographs taken on August 25, 1989. City submitted composite A, a copy of the file of record. He stated he verified ownership with the Property Appraiser's office, notice was sent certified mail and the signed receipt was returned. He reinspected the property this morning and the violation still exists. No one was present to represent the violator. Mr. Cardinal moved that concerning Item No. 2 of Public Nuisance Clearing List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 784 Island Way aka Island Estates Sub., Unit 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of September, 1989, 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 Vern Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A -a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: R. K. McGraw is in violation of Section 95.04. It is the Order of this Board that R. K. McGraw shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 R. K. McGraw. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $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, R. K. McGraw shall notify Vern Packer, 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 carried unanimously. Done and Ordered this 27th day of September, 1989. Item No. 3 Hoke S. Russell 916 Plaza Street Plaza Park Sub., Blk. G, Lot 9 Vern Packer, Sanitation Inspector, stated the property was inspected August 21st and there was excessive growth and high vegetation. Photographs were taken and the property posted August 24, 1989. He verified ownership at the Property Appraiser's office, notice was sent certified mail and the signed receipt was returned. The property was reinspected this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record. In response to questions, Mr. Packer stated the owner is deceased, the property has been posted previously for high vegetation, the Building Department has cited the property and dealt with Mrs. Helen Russell who has acted as owner. It was suggested Mrs. Russell also be cited on the order of the Board, however the attorney for the Board stated the order needs to be addressed to the person cited on the Notice of Violation. Mr. Cardinal moved that concerning Item No. 3 of Public Nuisance Clearing List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 916 Plaza Street aka Plaza Park Sub., Blk. G, Lot 9, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of September, 1989, 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 Vern Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Hoke S. Russell is in violation of Section 95.04. It is the Order of this Board that Hoke S. Russell shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 Hoke S. Russell. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $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, Hoke S. Russell shall notify Vern Packer, 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 carried unanimously. Done and Ordered this 27th day of September, 1989. Item No. 4 Helen S. Russell 1871 McKinley Street New Marymont Sub., Blk. D, Lot 7 Vern Packer, Sanitation Inspector, stated he inspected the property July 12th at which time he noticed a vehicle in disrepair and without a current or valid tag. A courtesy letter was sent, the 30 days allowed by Code has passed and the violation still exists. Mr. Packer stated Mrs. Russell has had the vehicle for at least a year, a temporary tag on the vehicle was dated December, 1988. In response to questions, Mr. Packer stated Mrs. Russell received the vehicle from her son in law, Mr. Mills, and she stated she intended to make it legal. He went to Mills Auto Sales, the son in law's business, and was told they would put on a new tag. Mr. Packer stated notice was also sent to Mr. Mills and, as of this morning, the vehicle still exists on the property. City submitted composite exhibit A, a copy of the file of record. The Assistant City Attorney requested the Board take judicial notice of F.S. 140.3.1 which allows a temporary tag for 20 days and allows only one renewal. Mr. Packer stated Mrs. Russell was notified by certified mail and a signed receipt was returned. He stated Mrs. Russell has two vehicles and she drives both, the second vehicle also has an expired temporary tag but because it is parked on the street right of way it is not under the jurisdiction of Chapter 95. Discussion ensued regarding the definition of inoperative and whether the vehicle was actually stored, as both definitions need to apply in order to consider it debris. Discussion also ensued whether the car can be considered inoperative when it is being driven and whether it is simply a matter of expired tags. Question was raised regarding citing the registered owner of the vehicle and it was stated the property owner needs to be cited. It was suggested Mr. Mills be copied as he claims to be the owner of the vehicle. In response to a question, Mr. Packer stated he did investigate in response to a neighbor's complaint. No one was present to represent Mrs. Russell. Mr. Zinzow moved that concerning Item No. 4 of Public Nuisance Clearing List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 1871 McKinley Street aka New Marymont Sub., Blk. D, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of September, 1989, 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 Vern Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists an unlicensed vehicle stored on the property in excess of 30 days. The Conclusions of Law are: Helen S. Russell is in violation of Section 95.04. It is the Order of this Board that Helen S. Russell shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 Helen S. Russell. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $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, Helen S. Russell shall notify Vern Packer, 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. Upon the vote being taken, Messrs. Zinzow, Murray, Dallman and Wyatt voted "aye." Mr. Cardinal voted "nay." Motion carried. Done and Ordered this 27th day of September, 1989. Item No. 5 Tyrone Mason/Joseph L. Johnson about 912 Metto Street Pennsylvania Sub., Lot 12 No one was present to represent the violators. Vern Packer, Sanitation Inspector, stated the property was inspected on August 30th and found to be overgrown with high vegetation. The property was posted and photographs taken on September 1, 1989. City submitted composite exhibit A, a copy of the file of record. Mr. Packer stated he verified ownership through the Property Appraiser's office, notice of violation was sent certified mail and the signed receipt was returned. In response to a question, Mr. Packer stated that both Mr. Mason and Mr. Johnson are listed as owners of the property. Mr. Cardinal moved that concerning Item No. 5 of Public Nuisance Clearing List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at about 912 Metto Street Pennsylvania Sub., Lot 12, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of September, 1989, 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 Vern Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Tyrone Mason & Joseph L. Johnson are in violation of Section 95.04. It is the Order of this Board that Tyrone Mason & Joseph L. Johnson shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 Tyrone Mason & Joseph L. Johnson. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $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, Tyrone Mason/Joseph L. Johnson shall notify Vern Packer, 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 carried unanimously. Done and Ordered this 27th day of September, 1989. Item No. 6 Neuhaus M. Baugesell about 153-161 Brightwater Drive Bayside Sub #2, Lots 14-16 Vern Packer, Sanitation Inspector, stated the property was inspected August 7th and found to be overgrown with high vegetation. The property was posted and photographs taken August 8, 1989. City submitted composite exhibit A, a copy of the file of record. Notice was sent certified mail to 130 Bayside Drive as shown on the Property Appraiser's records. That address was still under construction and Sanitation was given an address in Germany. Notice was sent registered mail and a signed receipt was returned. The property was reinspected this morning and there was no change in the condition of the property. No one was present to represent the violator. Mr. Cardinal moved that concerning Item No. 6 of Public Nuisance Clearing List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at about 153-161 Brightwater Drive aka Bayside Sub #2, Lots 14-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of September 28, 1989, 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 Vern Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit a - a copy of file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Neuhaus M. Baugesell is in violation of Section 95.04. It is the Order of this Board that Neuhaus M. Baugesell shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 Neuhaus M. Baugesell. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $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, Neuhaus M. Baugesell shall notify Vern Packer, 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 carried unanimously. Done and Ordered this 27th day of September, 1989. Case No. 104-89 Jay Fiorillo (Development Code) Complied prior The Secretary to the Board informed them of the Inspectors request to withdraw this case as compliance has been obtained. Mr. Cardinal moved to withdraw Case No. 104-89. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 89-7-2-6 James A./Nancy A. Erskine 301 N. Pennsylvania Ave. or 1002 Jones St. Plaza Park Sub., Blk. D, Lot 6 Affidavit of Compliance Case No. 89-8-2-4 Harold G./Alice K. Wesserling 2229 Willow Tree Trail Woodgate of Countryside, Unit 3, Lot 142 Affidavit of Compliance Mr. Cardinal moved to accept the Affidavits of Compliance in the above referenced cases. The motion was duly seconded and carried unanimously. NEW BUSINESS - None. ADJOURN The meeting adjourned at 4:00 p.m.