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04/11/1990 MUNICIPAL CODE ENFORCEMENT BOARD April 11, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William Zinzow John McKinney Absent: Jim Angelis (unexcused) Robert Aude (excused) D. Wayne Wyatt (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 3:06 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 90-4-1 Case No. 1 John C. Gardner J.H. Rouses Sub, Blk 2, S 33' Lot 13 aka 701 Garden Ave N Vernon Packer, Code Inspector, stated he first inspected the property March 1, 1990 and found the property to be in violation of Section 95.04 of the Code due to its overgrown condition. Mr. Packer verified property ownership through the Property Appraiser's records and sent notice by certified mail, of which, the signed receipt was returned. He posted the property and took photographs on March 5th. He reinspected the property the morning of the hearing and found the violation still exists. City submitted composite exhibit A, a copy of the file of record. No one was present to represent Mr. Gardner. Mr. Zinzow moved that regarding violation of Section 95.04 of the Clearwater City Code on property located at 701 Garden Ave. N., a/k/a J. H. Rouses Sub., Blk. 2, S. 33' of Lot 13, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of April, 1990, 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 Vernon Packer, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, 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: John C. Gardner is in violation of Section 95.04. It is the Order of this Board that John C. Gardner shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (4/23/90). 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 John C. Gardner. 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, John C. Gardner shall notify Vernon 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 11th day of April, 1990. Case No. 16-90 Church of Scientology Flag Service Organization, Inc. 210 S. Ft. Harrison Avenue (Life Safety Code) Continued from 3/14/90 Complied Mr. McKinney moved to withdraw Case No. 16-90. The motion was duly seconded and carried unanimously. Case No. 21-90 Chris P. Bergen 909 Park Street, #C (Occupational License) The Secretary informed the Board the Inspector requested this case be withdrawn at this time. Mr. McKinney moved to withdraw Case No. 21-90. The motion was duly seconded and carried unanimously. Case No. 22-90 Gerald Schreifels 1407 Hamlet Avenue (Occupational License) Case No. 23-90 Michael C. Diana 1407 Hamlet Avenue (Occupational License) Case No. 24-90 Gerald J. & Nancy J. Schreifels 811 Lotus Path (Occupational License) The Secretary informed the Board that service of the Notice of Hearing has not been received. Mr. Cardinal moved to continue Case Nos. 22-90, 23-90 and 24-90 in order to obtain proper service of notice. The motion was duly seconded and carried unanimously. Case No. 25-90 Robert Clemens 1460 Park Street (Occupational License) The Assistant City Attorney requested withdrawal of this case as further investigation is needed. Mr. McKinney moved to withdraw Case No. 25-90. The motion was duly seconded and carried unanimously. Case No. 26-90 Connie Mustipher 3000 Gulf-to-Bay Blvd., #12 (Occupational License) Complied Mr. Cardinal moved to withdraw Case No. 26-90. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS - None. OTHER BOARD ACTION A question was raised regarding whether Lokey Motors is in violation again. Consensus of the Board was to request the Inspector investigate and submit as a repeat violation if needed. Concerns were expressed regarding habitual repeat violators and it was stated these cases can be brought before the board at which time the Board can impose a fine at that time. NEW BUSINESS - None. ADJOURN - 3:28 p.m.