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09/12/1990 MUNICIPAL CODE ENFORCEMENT BOARD September 12, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William Zinzow D. Wayne Wyatt John McKinney Absent: Robert Aude (unexcused) Louise C. Riley (unexcused) 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 3:00 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 90-9-1 - Case No. 1 Michael Sarris 380 Elizabeth Ave aka M&B 13/2601, Sec 17-29-16 No one was present to represent the violator. Rick Rosa, Development Code Inspector, stated the property is in violation due to excessive growth. He verified ownership through the Pinellas County tax rolls. He first inspected the property August 10th and posted the property August 16th. Notice of the violation was sent certified mail which was returned unclaimed. Mr. Rosa submitted City exhibit A - a copy of the notice, a photograph of the property and the unclaimed returned certified mail receipt. In response to questions, Mr. Rosa stated there is a residence on the property which is vacant. Discussion ensued regarding whether proper notice had been served, and it was stated there was no follow-up after the certified letter was returned. The Assistant City Attorney stated the practice of advertising notice of hearing is optional. Mr. Wyatt moved to continue Case No. 1 until proper service is obtained. The motion was duly seconded and carried unanimously. Further discussion ensued regarding advertising and it was stated it is a lengthy process, taking at least an additional four weeks. Concern was expressed that a single attempt to notify the violator may not be sufficient. After hearing Case Nos. 2-10 of Public Nuisance Clearing List 90-9-1, this case was reopened. Rick Rosa, Development Code Inspector, stated he had received a complaint August 6th leading to his inspection of August 10th. He stated the property is still in violation as of this morning. In response to a question, the Inspector stated he did not see the posted notice upon inspection this morning. Mr. Cardinal moved that concerning Case No. 1 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 380 Elizabeth Ave. aka M&B 13/2601, Sec 17-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 - 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: Michael Sarris is in violation of Section 95.04. It is the Order of this Board that Michael Sarris shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Michael Sarris. 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, Michael Sarris 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 12th day of September, 1990. - Case No. 2 Dimmitt Car Leasing, Inc Pierce to Franklin Sts midblock, W of East Ave aka Magnolia Park Sub, Blk 7, Lots 4 & 5, Lots 6 & 11 less E 15 ft & Lot 12 less W 12 ft No one was present to represent the violator. Rick Rosa, Development Code Inspector, stated this property is in violation of Section 95.04 of the Code due to excessive growth. He verified ownership through the Property Appraiser's Office of Pinellas County. He stated he first inspected the property August 1st and he posted and took a photograph on August 16th. He submitted City composite exhibit A, a copy of the signed certified mail receipt and a photograph of the property. In response to a question, Mr. Rosa stated he reinspected the property this morning and the condition still exists. He stated he usually gets some response from the violator after issuing the notice, but in this case he did not. Mr. Cardinal moved that concerning Case No. 2 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located from Pierce St to Franklin St midblock W of East Ave aka Magnolia Park Sub, Blk 7, Lots 4 & 5 and Lots 6 & 11 less E 15 ft, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 - 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: 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 (9/22/90). 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 12th day of September, 1990. - Case No. 3 Seaboard System Railroad Inc Pierce to Franklin St, W side of East Ave aka Magnolia Sub, Blk 7, Lots 7-10 and E 15 ft of Lots 6 & 11 No one was present to represent the violator. Rick Rosa, Development Code Inspector, stated this property is also known as 206 East Avenue and was found to be in violation of Section 95.04 due to excessive growth. He verified ownership through the Pinellas County tax rolls, posted the property and sent notice certified mail on August 16th. He reinspected the property this morning and the violation still exists. The Inspector submitted City composite exhibit A including a photograph of the property and copy of the certified mail return receipt. Discussion ensued regarding habitual offenders who seem to be taking advantage and using the City as a lawn service. It was stated proposed amendments to the public nuisance ordinance are being rewritten for City Commission consideration. Mr. Cardinal moved that concerning Case No. 3 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located from Pierce St to Franklin St, W side of East Ave aka Magnolia Park Sub, Blk 7, Lots 7-10 and E 15 ft of Lots 6 & 11, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 - 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: Seaboard Systems Railroad Inc. is in violation of Section 95.04. It is the Order of this Board that Seaboard Systems Railroad Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Seaboard Systems Railroad 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, Seaboard Systems Railroad 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 12th day of September, 1990. - Case No. 4 First Federal Savings & Loan Assoc 1480 S Madison Ave aka Harvey Park, Blk C, Lot 4 No one was present to represent the violator. Rick Rosa, Development Code Inspector, stated this property is in violation of Section 95.04 due to excessive growth. Ownership was verified through the Pinellas County tax rolls. He stated he first inspected the property August 1st, posted the property and sent notice via certified mail on August 16th. The property was reinspected this morning and the violation still exists. The Inspector submitted City composite exhibit A - a copy of the notice, a photograph of the property and a copy of the signed certified mail receipt. In response to a question, Mr. Rosa stated he has not had any response from the violator. It was stated the property has already been or is currently in foreclosure. Mr. Cardinal moved that concerning Case No. 4 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1480 S Madison Ave aka Harvey Park Sub, Blk C, Lot 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 - 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: First Federal Savings & Loan Assoc. is in violation of Section 95.04. It is the Order of this Board that First Federal Savings & Loan Assoc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 First Federal Savings & Loan Assoc. 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, First Federal Savings & Loan Assoc. 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 carried unanimously. Done and Ordered this 12th day of September, 1990. - Case No. 5 Roger C Ravel & Ray Ulmer vacant lot about 607 Jones St aka Jones Sub of Nicholson's, Blk 6, Lots 7, 8 & part of Lot 6 No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated this property is in violation of Section 95.04 due to excessive vegetation. She verified ownership through the Property Appraiser's Office of Pinellas County. On July 30th the property was inspected, posted and a photograph taken. Notice was sent certified mail. As of this morning, the property is still in violation. The Inspector submitted composite exhibit A - a copy of the notice, certified mail receipt and a photograph. She state this is a repeat offender. In response to questions, Ms. Niemiller stated this is a commercial neighborhood, and both the City and the violator have cleared the property regarding previous violations. Mr. Cardinal moved that concerning Case No. 5 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 607 Jones St aka Jones Sub of Nicholson's, Blk 6, Lots 7, 8 and part of Lot 6, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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: Roger C. Ravel & Ray Ulmer are in violation of Section 95.04. It is the Order of this Board that Roger C. Ravel & Ray Ulmer shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Roger C. Ravel & Ray Ulmer. 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, Roger C. Ravel & Ray Ulmer 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 12th day of September, 1990. - Case No. 6 Scott & Alicia Nicholas vacant lot about 2993 Talon Dr aka Eagle Estates, Lot 44 No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated this property is in violation of Section 95.04 due to excessive vegetation. She inspected the property July 9th, posted the property July 16th and sent notice to the owner. The owner phoned and asked for an extension which was granted. The Inspector stated as of this morning the violation still exists. City composite exhibit A -a copy of the notice, certified mail receipt and a photograph was submitted. In response to a question, Ms. Niemiller stated the property is a vacant lot. Mr. Cardinal moved that concerning Case No. 6 of Public Nuisance Clearing List 90-9-1 regarding violation Section 95.04 of the Clearwater City Code on property located at about 2993 Talon Dr aka Eagle Est, Lot 44, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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: Scott & Alicia Nicholas are in violation of Section 95.04. It is the Order of this Board that Scott & Alicia Nicholas shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Scott & Alicia Nicholas. 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, Scott & Alicia Nicholas 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 12th day of September, 1990. - Case No. 7 James R Chambers 3280 Mulberry Dr aka Countryside Tract 5, Lot 62 No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated the property is in violation of Section 95.04 due to excessive vegetation. Ownership was verified through the Property Appraiser's Office, the property was first inspected August 1st, notice was sent and the property posted on August 7th. Ms. Niemiller stated she reinspected the property this morning and the violation still exists. She submitted City composite exhibit A including a photograph of the property. In response to questions, Ms. Niemiller stated this is a residence which appears to be vacant, she does not know who signed the certified mail receipt and no one has been in contact with her. Mr. Cardinal moved that concerning Case No. 7 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 3280 Mulberry Dr aka Countryside Tract 5, Lot 62, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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: James R. Chambers is in violation of Section 95.04. It is the Order of this Board that James R. Chambers shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 James R. Chambers. 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, James R. Chambers 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 12th day of September, 1990. - Case No. 8 Joseph & Miriam S Jackson 1349 Overlea St aka Pinebrook Highlands, Blk E, Lot 3 No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated she first inspected the property August 3rd and posted August 7th. She stated the signed receipt was returned. The Inspector submitted composite exhibit A - a copy of the notice, certified mail and a photograph. She state property ownership was verified through the Property Appraiser's Office. In response to questions, the Inspector stated the house is vacant but she has not seen a for sale sign. Mr. Cardinal moved that concerning Case No. 8 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1349 Overlea St aka Pinebrook Highlands, Blk E, Lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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: Joseph & Miriam Jackson are in violation of Section 95.04. It is the Order of this Board that Joseph & Miriam Jackson shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Joseph & Miriam Jackson. 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, Joseph & Miriam Jackson 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 12th day of September, 1990. - Case No. 9 Keith Bostrom & Terri M Hejna 1340 Overlea St aka Pinebrook Highlands, Blk D, Lot 16 No one was present to represent the violator. Vicki Niemiller, Development Code Inspector, stated upon inspection of the property on August 3rd, she found excessive vegetation and debris. She verified ownership through the Property Appraiser's Office, posted the property and sent notice via certified mail on August 7th. The notice was returned with a forwarding address to which she resent the notice of violation. As of today, the return receipt had not been returned. Discussion ensued regarding advertising and whether or not the attempted service via certified mail and posting were sufficient. It was stated advertising is a lengthy and expensive process for notification, and it was felt certified mail and posting is sufficient. Ms. Niemiller stated inspectors do try contacting owners, but in this case there is no listing in the phone book. Consensus was to continue with the case as sufficient attempts have been made to contact the owner. Ms. Niemiller stated she reinspected the property this morning and the violation still exists. She submitted City composite exhibit A - a copy of the notice, returned certified mail receipt and a photograph. In response to questions, the Inspector stated the house is vacant and it is in a nice neighborhood except two properties which are not being maintained. Mr. Cardinal moved that concerning Case No. 9 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1340 Overlea St. aka Pinebrook Highlands, Blk D, Lot 16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 and debris at the above address. The Conclusions of Law are: Keith Bostrom and Terri Hejna are in violation of Section 95.04. It is the Order of this Board that Keith Bostrom and Terri Hejna shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Keith Bostrom and Terri Hejna. 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, Keith Bostrom and Terri Hejna 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 12th day of September, 1990. - Case No. 10 Ed & Bessie M Singletary vacant lot about 900 Palm Bluff St aka Palm Park Unbd Blk, Lot 23 No one was present to represent the violator. Vern Packer, Minimum Housing Code Inspector, stated a complaint was received July 16, he inspected and posted the property July 18th due to an accumulation of debris and high vegetation, a violation of Section 95.04. He verified ownership through the Property Appraiser's Office, sent notice certified mail and the signed receipt was returned. He reinspected the property this morning and the violation still exists. Mr. Packer submitted composite exhibit A - a copy of the notice, certified mail return receipt and a photograph. He stated this property is a reoccurring problem. In response to questions, he stated he is never contacted by the owner. He stated this is a long, narrow strip of land in a residential neighborhood. Mr. Cardinal moved that concerning Case No. 10 of Public Nuisance Clearing List 90-9-1 regarding violation of Section 95.04 on property located at 900 Palm Bluff St aka Palm Park Sub, Unbd Blk, Lot 23, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 - 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: Ed & Bessie Singletary are in violation of Section 95.04. It is the Order of this Board that Ed & Bessie Singletary shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Ed & Bessie Singletary. 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, Ed & Bessie Singletary 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 12th day of September, 1990. Discussion ensued regarding the cost of having an outside contractor clear the properties. It was stated the City does not have the personnel to do it themselves. Further discussion ensued regarding the process and Board involvement regarding lot clearing. Consensus of the Board was to continue the discussion at the September 26th meeting. Case No. 33-90 Stanislaw Budzinski Britt's Beachside Cafe 201 S Gulfview Blvd (Development Code) The Inspector requested withdrawal of this case as the violation has been corrected. Mr. Cardinal moved to withdraw Case No. 33-90 at the recommendation of the Inspector. The motion was duly seconded and carried unanimously. Mr. Wyatt left the meeting at 4:35 p.m. Case No. 34-90 Domino's Pizza, Inc 2350 US 19 North (Development Code) The Secretary read the Affidavit of Violation into the record. Geri Doherty, Development Code Inspector, stated this address is a strip center at which she first noticed the violation, a large plywood replica of the Domino's "Noid," on August 8th. She stated the sign was set up with ropes and appeared to be a safety hazard. She stated there is no permit for the sign, and it exceeds the number and size allowed by code. Ms. Doherty submitted City exhibit A - a photograph of the sign. In response to questions, Ms. Doherty stated she informed the manager of the violation on August 8th, served notice August 9th, and gave them until 3:00 p.m. August 10th to correct. She stated the violation was not corrected by the time specified and, when they did comply, the sign was not removed but laid down. She told one of the managers a fine would be imposed if they repeat the violation. Ms Doherty stated she discussed the sign code with a district manager in Tampa as he has the authority regarding the signs. There was no one present to represent the violator. Mr. Zinzow moved that concerning Case No. 34-90 regarding violation of Sections 134.007(1) and 134.017(a)(1) of the Clearwater City Code on property located at 2350 US 19 N aka Sec 31-29-16-00000-140-0600, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 Geri Doherty, Code Inspector, and viewing the evidence, exhibits submitted: City exhibit A - a photograph of the illegal sign, it is evident that a Domino's sign was displayed inconsistent with the Land Development Code and in a manner which was considered as a possible hazard. It is further noted that this condition was corrected after the time allotted by the Code Inspector but prior to this hearing. The Conclusions of Law are: Domino's Pizza, Inc. was in violation of Sections 134.007(1) and 134.017(a)(1). It is the Order of this Board that Domino's Pizza, Inc. shall comply with Sections 134.007(1) and 134.017(a)(1) of the Code of the City of Clearwater. If Domino's Pizza, Inc. repeats the violation, the Board may order them to pay a fine of $100.00 per day for each day the violation exists after Domino's Pizza, Inc. is notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Any aggrieved party may petition the Board to reconsider or rehear any Board order resulting from a Public Hearing. A Petition for Rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the order and prior to the filing of any appeal. Upon receipt of the Petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously. Done and Ordered this 12th day of September, 1990. Case No. 35-90 Dimmitt Chevrolet, Inc 2285 US 19 North (Development Code) No one was present to represent the violator. The Secretary of the Board read the Affidavit of Violation into the record. Rick Rosa, Development Code Inspector, stated he received a complaint August 3rd regarding vehicles being parked in an undesignated area. He inspected the property August 6th, and sent notice of the violation on the 7th giving until the 10th to comply. The certified mail receipt showed the notice was received August 9th. He stated he reinspected the property August 17th and the violation still existed. The vehicles have since been removed. The Inspector submitted City exhibits A & B - the signed certified return receipt and a photograph, respectively. In response to questions, Mr. Rosa stated he did not speak with anyone regarding the violation. He stated the site plan does not allow that area for displaying the vehicles. He stated the current use is outdoor display if the conditions are met, that the use intended must be designated on the site plan and the areas must be paved. Discussion ensued regarding whether there was enough evidence showing a violation as cited. John Richter, Development Code Manager, stated a different code should have been cited and requested withdrawal of the case at this time. Mr. Cardinal moved to withdraw Case No. 35-90 at the request of the City. The motion was duly seconded and carried unanimously. Case No. 36-90 Crown Motors of Clearwater (Development Code) 601 US 19 North There was no one present to represent the violator. Rick Rosa, Development Code Inspector, stated he visited the property August 3rd after receiving a complaint and found there were banners displayed and a tent erected in violation of the code. He delivered a notice of violation with compliance due by the end of the day. He stated they were in compliance the following Monday, they were in violation again on August 17th displaying a banner, but they are currently in compliance. Mr. Rosa submitted city exhibit A, a photograph taken August 17th showing a banner being displayed. In response to a question, the Inspector stated he does not know if they did comply within the time designated in the original notice of violation. Mr. McKinney moved that concerning Case No. 36-90 regarding violation of Section 134.009(5) on property located at 601 US 19 N aka Clearwater "19" Commerce Park Sub, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of September, 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 exhibit A - a photograph of the banner on the subject property taken 8/17/90, it is evident that a banner was displayed at Crown Motors. It is further evident that the violation was corrected prior to the hearing. The Conclusions of Law are: Crown Motors of Clearwater was in violation of Sections 134.009(5). It is the Order of this Board that Crown Motors of Clearwater shall comply with Sections 134.009(5) of the Code of the City of Clearwater. If Crown Motors of Clearwater repeats the violation, the Board may order them to pay a fine of $100.00 per day for each day the violation exists after Crown Motors of Clearwater is notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Any aggrieved party may petition the Board to reconsider or rehear any Board order resulting from a Public Hearing. A Petition for Rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the order and prior to the filing of any appeal. Upon receipt of the Petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously. Done and Ordered this 12th day of September, 1990. UNFINISHED BUSINESS Case No. 90-8-1-1 Martha J. Brammer Rolling Hts, Lots E-K aka vacant lot about 2342 Drew St Affidavit of Compliance Case No. 90-8-2-1 Helen L. Russell New Marymont Sub, Blk D, Lot 7 aka 1871 McKinley St Affidavit of Compliance Mr. McKinney moved to accept the Affidavit of Compliance in Cases No. 90-8-1-1 and No. 90-8-2-1. The motion was duly seconded and carried unanimously. Case No. 130-88 John Mavrogiannis dba Import Auto Clinic Status report (Development Code/Signs) Geri Doherty, Development Code Inspector, stated Mr. Mavrogiannis still has not complied with the code and a lien was filed in January, 1990. It was stated the lien is filed against any real or personal property owned by Mr. Mavrogiannis, is more than six months old and, therefore, action can be taken to collect on the lien. Discussion ensued regarding whether or not to pursue the owner of the property since the violation still exists. Mr. Cardinal moved to authorize City staff to take whatever means necessary to collect on the outstanding lien in Case No. 130-88. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Discussion ensued regarding procedures, testimony and evidence required for the Board to issue an order. Consensus was to discuss at the next regularly scheduled MCEB meeting. NEW BUSINESS - None MINUTES - Meeting of August 22, 1990 Mr. McKinney moved to approve the minutes of the meeting of August 22, 1990 as submitted in writing. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 5:31 p.m.