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07/11/1990 MUNICIPAL CODE ENFORCEMENT BOARD July 11, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude William Zinzow D. Wayne Wyatt James Angelis Absent: John McKinney (excused) Louise C. Riley (excused) Also present: Rob Surette, Assistant City Attorney Alan Zimmet, Attorney for the Board Mary K. Diana, 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 3:03 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 Public Nuisance Clearing List 90-7-1 Item No. 1 GIS Housing Inc. about 1137-1169 Turner St. aka M&B 14.22, Sec. 15-29-15 The Code Inspector stated this property has been cleared and requested withdrawal of this item. Mr. Aude moved to withdraw Item No. 1 of Public Nuisance Clearing List 90-7-1. The motion was duly seconded and carried unanimously. Item No. 2 Charles D. Ivory 2724 Westchester Dr. N. aka Lot 84, Westchester of Countryside Vicki Niemiller, Code Inspector, stated she verified ownership through the Property Appraiser's Office of Pinellas County. She inspected the property April 3rd and found it to be overgrown. The property was posted and a photograph taken April 10th. Notice was sent to Mr. Ivory via certified mail and was returned marked moved, no forwarding address. City submitted exhibit A, an affidavit of publication of the notice of hearing for four weeks in the Pinellas Review. Ms. Niemiller stated she rechecked the Property Appraiser's records of ownership and Mr. Ivory was still listed. The property was reposted and a photograph taken June 1; another notice was sent to Mr. Ivory and again returned no forwarding addressed. Ms. Niemiller stated she reinspected the property this morning and the violation still exists. City submitted composite exhibit B, a copy of the file of record. In response to questions, Ms. Niemiller stated she does not know if the property taxes have been paid and she has not been contacted by the violator. She stated there is a house on the property which appears to be vacant. No one was present to represent Mr. Ivory. Mr. Wyatt moved that concerning Item No. 2 of Public Nuisance Clearing List 90-7-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 2724 Westchester Dr. N. a/k/a Lot 84, Westchester of Countryside, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of July, 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 Vicki Niemiller, Code Inspector, and viewing the evidence, exhibits submitted: City exhibit A - an affidavit of publication of notice of hearing and composite exhibit B - 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: Charles D. Ivory is in violation of Section 95.04. It is the Order of this Board that Charles D. Ivory shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/23/90). 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 Charles D. Ivory. 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, Charles D. Ivory shall notify Vicki Niemiller, 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 July, 1990. Item No. 3 Highpoint Inv. Inc. about 1871-1899 Kings Highway aka Lots B&C, Brentwood Estates No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated she verified property ownership through the Property Appraiser's Office of Pinellas County. She inspected the property and photographed the overgrown condition June 13 and posted the property June 19, 1990. Notice was sent certified mail and the signed receipt was returned. She reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record. Ms. Niemiller stated this property has been in violation several times in the past year. In response to a question, she stated she does not know if the costs incurred by the City to clear the lot have been paid. In response to a question, it was stated repeat violations of this nature are not specifically addressed in the Code. Mr. Wyatt moved that concerning Item No. 3 of Public Nuisance Clearing List 90-7-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 1871-1899 Kings Hwy. aka Lots B&C, Brentwood Estates, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of July, 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 Vicki Niemiller, 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: Highpoint Inv. Inc. is in violation of Section 95.04. It is the Order of this Board that Highpoint Inv. Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/23/90). 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 Highpoint Inv. Inc. 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, Highpoint Inv. Inc. shall notify Vicki Niemiller, 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 July, 1990. Case No. 31-90 Evon Natsis 622 Poinsettia Ave. (Life Safety Code & Fire Marshals Rules & Regulations) Complied Prior Mr. Cardinal moved to withdraw Case No. 31-90 as the violation has been corrected. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS - None. OTHER BOARD ACTION - None. NEW BUSINESS - None. MINUTES - Meeting of June 27, 1990 Mr. Aude moved to approve the minutes of the meeting of June 27, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 3: 19 p.m.