Loading...
08/22/1990 MUNICIPAL CODE ENFORCEMENT BOARD August 22, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude William Zinzow D. Wayne Wyatt John McKinney Absent: Louise C. Riley (excused) Also present: Miles Lance, Assistant City Attorney 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 3:02 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 90-8-2 Case No. 1 Helen L. Russell New Marymont Sub., Blk. D, Lot 7 aka 1871 McKinley St. (Section 95.04-Lot Clearing/Public Nuisance) Vicki Niemiller, Code Inspector, stated she first inspected the property July 17, 1990 and found it to be in violation of Chapter 95 of the City code due to excess vegetation and debris. She verified ownership through the county property appraiser's office. She stated she posted and photographed the property July 17th. She submitted City composite exhibit A. Notice was sent certified mail and the signed receipt was returned. She reinspected the property this morning and the grass was cut, but more debris had been added. She stated Ms. Russell is a repeat offender. In response to a question, she stated it is Mrs. Russell's residence. No one was present to represent the violator. Mr. Aude moved that concerning Case No. 1 of Public Nuisance List 90-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property known as New Marymont Sub., Blk. D, Lot 7 located at 1871 McKinley Street, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of August, 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, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above address. The Conclusions of Law are: Helen L. Russell is in violation of Section 95.04. It is the Order of this Board that Helen L. Russell shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/1/90). 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 Helen L. 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 L. Russell 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 22nd day of August, 1990. Case No. 2 Richard Lennon Lakeview Hgts., Blk. A, Lot 1 about 1101 Lakeview Rd. (Section 95.04-Lot Clearing/Public Nuisance) Rick Rosa, Code Inspector, stated he first inspected the property July 27, 1990. He verified ownership through the property appraiser's office and posted the property on July 31st. He reinspected the property this morning and the violation still exists. He submitted City composite exhibit A, a copy of the legal notice, photographs and copy of the certified mail receipt. In response to questions, he stated the property is in violation of Section 95.04 of the City code, he has had no response to the notification, it is a vacant lot and he believes the owner is in New York. No one was present to represent the violator. Mr. Aude moved that concerning Case No. 2 of Public Nuisance Clearing List 90-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property known as Lakeview Hgts, Blk A, Lot 1 located at about 1101 Lakeview Road, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of August, 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 Rick Rosa, 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 and/or debris at the above address. The Conclusions of Law are: Richard Lennon is in violation of Section 95.04. It is the Order of this Board that Richard Lennon shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/1/90). 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 Richard Lennon. 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, Richard Lennon shall notify Rick Rosa, 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 22nd day of August, 1990. Case No. 3 Dimmitt Car Leasing, Inc Coachman Hgts Rev, Blk B, Lots 1-4, 18 & 19 aka vacant lot about 1000-1020 Pierce St (Section 95.04-Lot Clearing/Public Nuisance) Rick Rosa, Code Inspector, stated he first inspected the property July 26, 1990. He verified ownership through the property appraiser's office, posted and photographed the property on July 27th. Mr. Rosa submitted City composite exhibit A, a copy of the notice, certified mail receipt and photographs. In response to a question upon viewing the photographs, he stated the property in violation does extend behind the fence also and this is a repeat offender. In response to questions, he stated he does not know the outcome of previous violation, the property is in violation this time due to high vegetation and debris. He stated the boats may be considered as storage and he thinks there is a conditional use for the outdoor storage. No one was present to represent the violator. Mr. Aude moved that concerning Case No. 3 of Public Nuisance Clearing List 90-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property known as Coachman Hgts. Rev., Blk. B, Lots 1-4, 18 & 19 less road located at about 1000-1020 Pierce Street, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of August, 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 Rick Rosa, 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 and/or debris at the above address. The Conclusions of Law are: Dimmitt Car Leasing Inc. is in violation of Section 95.04. It is the Order of this Board that Dimmitt Car Leasing Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/1/90). 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 Dimmitt Car Leasing 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, Dimmitt Car Leasing Inc. shall notify Rick Rosa, 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 22nd day of August, 1990. Case No. 4 CSX Transportation, Inc. M&B 14/08, Sec 21/29/15 aka RR right of way from Lakeview Rd S to Belleair Rd (Section 95.04-Lot Clearing/Public Nuisance) Rick Rosa, Code Inspector, stated he first inspected this property June 19, 1990. He verified ownership of the property through the property appraiser's office and sent notice of the violation to the owner via certified mail. The property was posted and photographs taken on July 30th. He reinspected the property this morning and the violation still existed. He submitted City composite exhibit A, a copy of the certified mail receipt, the notice of violation and photographs. No one was present to represent the violator. Mr. Aude moved that concerning Case No. 4 of Public Nuisance Clearing List 90-8-2 regarding violation of Section 95.04 of the Clearwater City Code on property known as M&B 14/08, Sec. 21/29/15 a/k/a RR right of way from Lakeview Road south to Belleair Road, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of August, 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 Rick Rosa, 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 and/or debris at the above address. The Conclusions of Law are: CSX Transportation Inc. is in violation of Section 95.04. It is the Order of this Board that CSX Transportation Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/1/90). 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 CSX Transportation 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, CSX Transportation Inc. shall notify Rick Rosa, 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 22nd day of August, 1990. UNFINISHED BUSINESS - None. OTHER BOARD ACTION - None. NEW BUSINESS Concern was expressed regarding recommended orders being submitted to the Board by the prosecution for the City, and it was stated this could prejudice the action of the Board. It also was stated those orders currently used are sufficient. Concern was also expressed regarding citing one party for a violation and possibly overlooking a similar violation nearby. It was requested these situations be addressed. A question was raised regarding repeat violators and whether or not a stiffer fine could be assessed in these cases. Concern was expressed that the details of a case during testimony from the inspector not go by the wayside. The Assistant City Attorney stated he is trying to expedite the process of presenting the case, and he would cross-examine when necessary. Mr. Aude complimented the City on its "sign busters" program. MINUTES - Meeting of August 8, 1990 Mr. Zinzow moved to approve the minutes of the August 8, 1990 meeting as submitted. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 3:35 p.m.