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06/27/1990 MUNICIPAL CODE ENFORCEMENT BOARD June 27, 1990 Members present: William Murray, Chairman Robert Aude William Zinzow D. Wayne Wyatt John McKinney Louise C. Riley Absent: Bruce Cardinal, Vice-Chairman (excused) Also present: Andy Salzman, 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 3:01 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 90-6-2 Case No. 1 Clark W. Mills vacant lot about 709 Vine Ave aka Pinecrest Sub, Blk 8, Lot 19 Vern Packer, Code Inspector, stated the subject property is a vacant lot on which the violation occurs every year. A complaint was received May 20, 1990. He made an inspection May 24th and posted the property May 31st due to high vegetation. Mr. Packer stated he reinspected the property this morning and the violation still exists. No one was present to represent the violator. Mr. Packer submitted City composite exhibit A, a copy of the file of record including a photograph taken at the time of posting. He stated notice was sent to the owner of the property via certified mail and the signed receipt was returned. In response to questions, Mr. Packer stated this is a reoccurring problem each year. He stated he does not know if the owner has paid the cost of clearing for previous violations. In response to a question, the Secretary to the Board stated that regarding foreclosing, lot clearing liens are inferior to unpaid taxes. Mr. Aude moved that concerning Case No. 1 of Public Nuisance Clearing List 90-6-2 regarding violation of Section 95.04 of the City Code on property described as a vacant lot about 709 Vine Ave. aka Pinecrest Sub, blk 8, Lot 19, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of June, 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 Vern 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: Clark W. Mills is in violation of Section 95.04. It is the Order of this Board that Clark W. Mills shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/9/90). 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 Clark W. Mills. 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, Clark W. Mills 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 June, 1990. Case No. 2 Lydia Roebuck vacant lot about 1163 Lasalle St aka Greenwood Park #2, Blk F, Lot 4 Vern Packer, Code Inspector, stated this property was originally cited for high vegetation and inoperable vehicles. He stated the vehicles have been removed but the mowing was not done. He verified property ownership through the Property Appraiser's office. He first inspected the property April 30, 1990 and posted the property and took photographs on May 10th. He reinspected the property this morning and the violation still exists. No one was present to represent the violator. Mr. Packer submitted City composite exhibit A, a copy of the file of record. In response to questions, Mr. Packer stated this is a reoccurring problem. The lot is approximately 50 ft. x 100 ft. He stated all the vehicles have been removed. Mr. Aude moved that concerning Case No. 2 of Public Nuisance Clearing List 90-6-2 regarding violation of Section 95.04 of the City Code on property described as a vacant lot at or about 1163 Lasalle St. aka Greenwood Park #2, Blk F, Lot 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of June, 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 Vern 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: Lydia Roebuck is in violation of Section 95.04. It is the Order of this Board that Lydia Roebuck shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/9/90). 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 Lydia Roebuck. 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, Lydia Roebuck 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 June, 1990. UNFINISHED BUSINESS - None. OTHER BOARD ACTION - None. NEW BUSINESS - None. MINUTES - Meeting of June 13, 1990 Mr. McKinney moved to approve the minutes of the meeting of June 13, 1990. The motion was duly seconded and carried unanimously. In response to a question regarding the necessity for testimony once the violator admits guilt, it was stated testimony is not needed but the violator must be allowed to make statements on his behalf regarding extenuating circumstances. In response to a question, the Secretary stated if a violation is corrected but repeated prior to the hearing, the Board can hear the case; if the violation is correct and not repeated, the case is withdrawn. Discussion also ensued regarding other avenues the City can take regarding lot clearing and collecting monies due. ADJOURN The meeting adjourned at 3:30 p.m.