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10/11/1989 MUNICIPAL CODE ENFORCEMENT BOARD October 11, 1989 Members present: Robert Aude, Chairman William Murray, Vice-Chairman William Zinzow Michael Dallman D. Wayne Wyatt Absent: James Angelis (excused) Bruce Cardinal (excused) Also present: Rob Surette, Assistant City Attorney Alan Zimmet, Attorney for the Board 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 89-10-1 Case No. 1 Daisy Williams 900 LaSalle St aka Palm Park Sub., Blk. C, Lot 16 No one was present to represent the violator. Vern Packer, Code Inspector, stated he inspected the property on September 8th at which time the property was in violation due to high vegetation and some debris. The property was posted and photographs taken on September 14, 1989. Ownership of the property was determined through the Property Appraiser's office. Notice was sent certified mail and the signed receipt was returned. The property was reinspected this afternoon and the violation still exists. City submitted composite exhibit A, a copy of the file of record including dates of inspection, posting and photographs. Mr. Packer stated this is a repeat violator. Mr. Murray moved that concerning Case No. 1 of Public Nuisance List 89-10-1 regarding violation of Chapter 95 of the Clearwater City Code on property located at 900 LaSalle St. aka Palm Park Sub., Blk. C, Lot 16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of October, 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, Code 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, or the accumulation of debris at the above address. The Conclusions of Law are: Daisy Williams is in violation of Section 95.04. It is the Order of this Board that Daisy Williams shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (October 23, 1989). 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 Daisy Williams. 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, Daisy Williams 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. Done and Ordered this 11th day of October, 1989. Case No. 2 Brian E. Cahill 1035 Osage St aka Navajo Park Rev., Blk. G, Lots 36 & 37 Vern Packer, Code Inspector, stated the property was inspected and posted September 1, 1989 by Vicki Neimiller, Code Inspector, due to high vegetation. Ownership was verified through the Property Appraiser's office, notice was sent via certified mail and the signed receipt was returned. Upon reinspection this afternoon, the property has still not been cleared. Mr. Packer stated this case was originally scheduled for September 27th meeting and postponed due to a request by Mr. Cahill for an extension of time. comply. City submitted composite exhibit A, a copy of the file of record. No one was present to represent the violator. Mr. Murray moved that concerning Case No. 2 of Public Nuisance List 89-10-1 regarding violation of Chapter 95 of the Clearwater City Code on property located at 1035 Osage St. aka Navajo Park Rev., Blk. G, Lots 36 & 37, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of October, 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, Code 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: Brian E. Cahill is in violation of Section 95.04. It is the Order of this Board that Brian E. Cahill shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (October 23, 1989). 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 Brian E. Cahill. 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, Brian E. Cahill 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. Done and Ordered this 11th day of October, 1989. Case No. 3 Harold J. Hoblick, Jr. 3166 Chamblee Ln aka Bordeaux Est., Lot 35 No one was present to represent the violator. Vern Packer, Code Inspector, stated the property was inspected September 12th and found to be overgrown. Photographs were taken and the property posted September 14, 1989. City submitted composite exhibit A, a copy of the file of record. Ownership was verified through the Property Appraiser's office, notice of violation and hearing was sent certified mail and the signed receipt was returned. Upon reinspection this morning, the property is still in violation of Section 95.04 of the City Code. Mr. Murray moved that concerning Case No. 3 of Public Nuisance Clearing List 89-10-1 regarding violation of Chapter 95 of the Clearwater City Code on property located at 3166 Chamblee Lane aka Bordeaux Estates, Lot 35, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of October, 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, Code 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: Harold J. Hoblick, Jr. is in violation of Section 95.04. It is the Order of this Board that Harold J. Hoblick, Jr. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (October 23, 1989). 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 Harold J. Hoblick, Jr. 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, Harold J. Hoblick, Jr. 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. Done and Ordered this 11th day of October, 1989. UNFINISHED BUSINESS - none. OTHER BOARD ACTION - none. NEW BUSINESS Alan Zimmet, Attorney for the Board, reviewed the suggested changes to the Rules and Regulations of the Board. These will be formally presented to the Board for adoption at the next meeting of the Board. ADJOURN - 3:50 p.m.