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09/26/1990 MUNICIPAL CODE ENFORCEMENT BOARD September 26, 1990 Members present: William Murray, Chairman Robert Aude William Zinzow D. Wayne Wyatt Louise Riley Absent: Bruce Cardinal, Vice-Chairman (excused) John J. McKinney (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 3:00 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 90-9-2 - Case No. 1 Ruby Clayton about 1454 S Greenwood Ave a/k/a M&B 32/13, Sec 22-29-15 (Public Nuisance/Lot Clearing) No one was present to represent the violator. Rick Rosa, Code Inspector, stated this is an overgrown vacant lot. He inspected the property July 30th, verified ownership through the Pinellas County tax rolls, and posted the property July 31st with a scheduled hearing of August 22nd. He sent notice certified mail which was returned unclaimed. Mr. Rosa stated he reposted the property August 27th for today's hearing, sent notice which was, again, returned unclaimed. City submitted composite exhibit A - a copy of the notice, photographs taken July 31 and August 27, 1990 and returned certified mail and exhibit B - a photograph taken September 26th showing the property still in violation. He stated he rechecked the address prior to sending the second notice, and also sent notice via regular mail. Mr. Wyatt moved that regarding Case No. 1 of Public Nuisance Clearing List 90-9-2 concerning violation of Section 95.04 of the Clearwater City Code on property located at about 1454 S Greenwood Ave aka M&B 32/13, Sec 22/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 notice, photographs taken July 31 and August 27, 1990 and returned certified mail and exhibit B - a photograph taken September 26th, 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: Ruby Clayton is in violation of Section 95.04. It is the Order of this Board that Ruby Clayton shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/6/90). 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 Ruby Clayton. 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, Ruby Clayton 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 26th day of September, 1990. - Case No. 2 Joseph & Miriam S Jackson 1345 Overlea St a/k/a Pinebrook Highlands, Lot 3, Blk E (Public Nuisance/Lot Clearing) No one was present to represent the violator. Geri Doherty, Code Inspector, stated there is excess vegetation on this property. Ms. Doherty stated she inspected the property August 30th and verified ownership through the Property Appraiser's office. She stated she posted the property, took a photograph and sent notice via certified mail on September 4th. The signed receipt was returned. City submitted composite exhibit A - a copy of the file of record. Mr. Wyatt moved that regarding Case No. 2 of Public Nuisance Clearing List 90-9-2 concerning violation of Section 95.04 of the Clearwater City Code on property located at 1345 Overlea St aka Pinebrook Highlands, Lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 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/or debris at the above address. The Conclusions of Law are: Joseph & Miriam S. Jackson are in violation of Section 95.04. It is the Order of this Board that Joseph & Miriam S. Jackson shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/6/90). 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 S. 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 S. Jackson shall notify Geri Doherty, 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 26th day of September, 1990. - Case No. 3 George W & Sue Ely about 1753 Pamelia Dr a/k/a Highland Est 2nd Addn, Blk G, Lot 2 (Public Nuisance/Lot Clearing) No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated this is a vacant lot with excess overgrowth. Property ownership was verified through the Property Appraiser's office. The property was first inspected August 27th and on August 28th the property was posted and photograph taken. Notice was sent certified mail and the signed receipt was returned. Ms. Niemiller stated she reinspected the property this morning and the violation still exists. She submitted City exhibit A - a copy of the file of record including a photograph of the property and copy of the notice. Mr. Wyatt moved that regarding Case No. 3 of Public Nuisance Clearing List 90-9-2 concerning violation of Section 95.04 of the Clearwater City Code on property located at about 1753 Pamelia Dr aka Highland Est 2nd Addn, Blk G, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 including a photograph and copy of the notice, 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: George W. & Sue Ely are in violation of Section 95.04. It is the Order of this Board that George W. & Sue Ely shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/6/90). 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 George W. & Sue Ely. 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, George W. & Sue Ely 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 26th day of September, 1990. - Case No. 4 Scott T MacGregor 3183 Chamblee Lane a/k/a Bordeaux Est, Lot 1 (Public Nuisance/Lot Clearing) No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated she first inspected the property in July and set it for public hearing for an August meeting. The notice sent was returned marked forward expired. She reposted the property and sent another notice August 23rd, and this notice was also returned undelivered. She stated the overgrowth is now about six feet high. City submitted composite exhibit A - a copy of the second notice and photograph of the property. In response to a question, Ms. Niemiller stated the house is vacant. Mr. Wyatt moved that regarding Case No. 4 of Public Nuisance Clearing List 90-9-2 concerning violation of Section 95.04 of the Clearwater City Code on property located at 3183 Chamblee Ln aka Bordeaux Est, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 including a copy of the legal notice and a photograph of the property, 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: Scott T. MacGregor is in violation of Section 95.04. It is the Order of this Board that Scott T. MacGregor shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/6/90). 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 T. MacGregor. 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 T. MacGregor 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 26th day of September, 1990. - Case No. 5 Sung & Bong Ja Bok 311 S Jupiter Ave a/k/a Skycrest Unit A, Blk B, Lot 3 (Public Nuisance/Lot Clearing) No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated she inspected the property in July, verified ownership through the Property Appraiser's office, and sent notice which was returned attempted not known. She reposted August 23rd, sent another notice which also came back attempted not known. Ms. Niemiller reinspected the property this morning and the violation still exists. She stated the property is in a state of excessive growth. She submitted composite exhibit A - a copy of the file of record including a copy of the notice and photograph of the property. In response to questions, Ms. Niemiller stated the building is vacant and neighbors don't usually know where to locate the owner. Mr. Wyatt moved that regarding Case No. 5 of Public Nuisance Clearing List 90-9-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 311 S Jupiter aka Skycrest Unit A, Blk B, Lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 including a photograph of the property and copy of the notice, 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: Sung Bok & Bong Ja Bok are is in violation of Section 95.04. It is the Order of this Board that Sung Bok & Bong Ja Bok shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/6/90). 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 Sung Bok & Bong Ja Bok. 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, Sung Bok & Bong Ja Bok 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 26th day of September, 1990. OTHER BOARD ACTION Discussion re Procedures Discussion ensued regarding what satisfies the requirement for notification of a violation and hearing to the alleged violator. The current practice for violations of Section 95 (public nuisance code) is to post the property and send notice via certified mail to the address acquired from the Pinellas County Property Appraiser's Office. It was stated the owners of property are required to have a current address listed with the Pinellas County Tax Office. Discussion also ensued regarding publication of the notice of hearing, and it was stated it is a lengthy and costly practice, and at the discretion of the Board. In response to a question, it was stated certified mail does get forwarded when possible. Consensus of the Board was the current procedure is sufficient. The Board was requested to give direction to staff at any time should they deem a particular case as needing publication. Consensus of the Board regarding presentation of these cases was it is now satisfactory. NEW BUSINESS - None ADJOURN - The meeting adjourned at 3:34 p.m.