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11/28/1990 MUNICIPAL CODE ENFORCEMENT BOARD November 28, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude D. Wayne Wyatt John McKinney Absent: Louise C. Riley (excused) William Zinzow (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 90-11-2 - Case No. 1 Linda S Freeman 1231 N Saturn Ave aka Highland Pines 8th Addn, Blk 47, Lot 8 Geri Doherty, Code Inspector, stated this property is in violation of Section 95.04(a) of the City Code as it is overgrown. She verified ownership through the Pinellas County tax rolls and sent notice of the violation via certified mail which was returned marked "forward expired". The Inspector stated the house is vacant. She spoke to the realtor who stated the owners are not making the payments and the bank is processing foreclosure. She first inspected the property October 8th; posted notice and photographed the property October 12th. Ms. Doherty stated she reinspected the property this morning and the violation still exists. She submitted City composite exhibit A, a copy of the file of record. No one was present to represent the violator. Mr. Wyatt moved that concerning Case No. 1 of Public Nuisance Clearing List 90-11-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1231 N Saturn Ave aka Highland Pines 8th Addn, Blk 47, Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of November, 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 at the above address. The Conclusions of Law are: Linda S. Freeman is in violation of Section 95.04. It is the Order of this Board that Linda S. Freeman shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/8/90). 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 Linda S. Freeman. 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, Linda S. Freeman 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 28th day of November, 1990. - Case No. 2 Greg & Dianna LasSalle 1217 Grantwood Ave aka Woodvalley Unit 3, Blk 14, Lot 1 Geri Doherty, Code Inspector, stated this property is in violation of Section 95.04(a) due to its overgrown condition. Notice was sent to the owner certified mail and the signed receipt was returned. Ownership was verified through the Pinellas County Property Appraiser's computer. The Inspector stated part of the yard was mowed, and the house is vacant. She inspected the property October 26th, posted notice October 29th and photographed the property November 26th. She submitted City composite exhibit A, a copy of the file of record. In response to questions, Ms. Doherty stated there was debris which has been removed. She stated the right of way is no longer in violation. She stated she checked the phone book, but there was no listing for the property owners. No one was present to represent the violator. Mr. Wyatt moved that concerning Case No. 2 of Public Nuisance Clearing List 90-11-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1217 Grantwood Ave aka Woodvalley Unit 3, Blk 14, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of November, 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 at the above address. The Conclusions of Law are: Greg & Dianna LasSalle are in violation of Section 95.04. It is the Order of this Board that Greg & Dianna LasSalle shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/8/90). 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 Greg & Dianna LasSalle. 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, Greg & Dianna LasSalle 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 28th day of November, 1990. - Case No. 3 Donald E, Jr & Jane Turpin 1124 Hollywood Ave aka Wood Valley Unit 4, Blk 13, Lot 25 Geri Doherty, Code Inspector, stated this property is in violation of Sections 95.04(a) & (b) due to overgrowth. She verified ownership through the Pinellas County records. Ms. Doherty spoke to Jane Turpin who stated they no longer own the house; however, bank records still show Donald and Jane Turpin as the owners of record. Ms. Doherty stated she did send notice certified and the signed receipt was returned. She inspected the property September 28th and on November 2nd she posted it and took photographs. The Inspector stated she reinspected the property this morning and the violation still exists. In response to questions, Ms. Doherty stated the property was posted prior to November, but she didn't prosecute further because she was told it would be taken care of. She stated the violator has 21 days minimum from the time of posting to clear the property. She stated the house is vacant. No one was present to represent the violator. Mr. Wyatt moved that concerning Case No. 3 of Public Nuisance Clearing List 90-11-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1124 Hollywood Ave aka Wood Valley Unit 4, Blk 13, Lot 25, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of November, 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 at the above address. The Conclusions of Law are: Donald E. Jr. & Jane Turpin are in violation of Section 95.04. It is the Order of this Board that Donald E. Jr. & Jane Turpin shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days(12/8/90). 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 Donald E. Jr. & Jane Turpin. 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, Donald E. Jr. & Jane Turpin 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 28th day of November, 1990. - Case No. 4 Kelly S Moser & Thomas Peterson 1518 Arden Ave aka Highland Pines 7th Add, Blk 32, Lot 7 Rick Rosa, Code Inspector, stated this property is in violation of Section 95.04 due to overgrowth. He verified ownership through the Pinellas County tax records and sent notice November 6, 1990. The return receipt has not been returned. He first inspected the property October 29th and posted on November 6th. Mr. Rosa stated he inspected the property this morning and the violation still exists. In response to questions, Mr. Rosa stated the house appears to be vacant. He submitted City composite exhibit A, a copy of the file of record. A question was raised whether sufficient service of the notice of violation was attained. Andy Salzman, Attorney for the Board, stated posting the property is acceptable notice, and sufficient time has elapsed for the property owner to have checked on his property. Discussion also ensued as to the amount of investigation the Inspectors should do to locate violators. In response to a question, Mr. Rosa stated the plant growth is over twelve inches. Mr. Wyatt moved that concerning Case No. 4 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1518 Arden Ave aka Highland Pines 7th Addn, Blk 32, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of November, 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: Kelly S. Moser & Thomas Peterson are in violation of Section 95.04. It is the Order of this Board that Kelly S. Moser and Thomas Peterson shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/8/90). 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 Kelly S. Moser & Thomas Peterson. 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, Kelly S. Moser & Thomas Peterson 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 28th day of November, 1990. - Case No. 5 Joseph F & Yvonne B White 1962 Seton Drive aka Sunset Woods, Lot 38 Rick Rosa, Code Inspector, stated this property is in violation of Section 95.04 due to excessive growth. He stated he first inspected the property October 24th and posted it November 6th. He verified ownership through the Pinellas County tax rolls. He reinspected the property this morning and the violation still exists. Mr. Rosa submitted City composite exhibit A, a copy of the file of record. In response to questions, the Inspector stated he has not had contact with the owner, and the house seems to be vacant. He stated the posted sign was still on the property as of this morning. No one was present to represent the violator. Mr. Wyatt moved that concerning Case No. 5 of Public Nuisance Clearing List 90-11-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1962 Seton Dr aka Sunset Woods, Lot 38, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of November, 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: 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 F. & Yvonne B. White are in violation of Section 95.04. It is the Order of this Board that Joseph F. & Yvonne B. White shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/8/90). 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 F. & Yvonne B. White. 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 F. & Yvonne B. White 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 28th day of November, 1990. - Case No. 6 Alfred C Wyllie 1255 Palm St aka Cleardun Sub, Blk B, Lot 20 Rick Rosa, Code Inspector, stated he inspected the referenced property November 1st and found it 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 on November 6th. The signed certified mail receipt was returned. He reinspected the property this morning and the violation still exists. He submitted City composite exhibit A, a copy of the file of record. Mr. Rosa stated the owner is a real estate agent. He phoned Mr. Wyllie's office and left a message regarding the violation, but Mr. Wyllie did not return the call. In response to a question, Mr. Rosa stated the overgrowth is in excess of twelve inches. No one was present to represent the violator. Mr. Wyatt moved that concerning Case No. 6 of Public Nuisance Clearing List 90-11-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1255 Palm St aka Cleardun Sub, Blk B, Lot 20, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of November, 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: Alfred C. Wyllie is in violation of Section 95.04. It is the Order of this Board that Alfred C. Wyllie shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/8/90). 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 Alfred C. Wyllie. 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, Alfred C. Wyllie 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 28th day of November, 1990. UNFINISHED BUSINESS Case No. 90-10-1-1 William Knuckey, Jr 2054 Ridgelane Rd aka Sunset Ridge Unit 3 Affidavit of Compliance Case No. 90-10-1-2 Edmund E & Therese L Morrisey 1200 E Druid Rd aka M&B 47/07, Sec 15/29/15 Affidavit of Compliance Case No. 90-10-2-2 Helen L Russell 1871 McKinley St aka New Marymont Sub, Blk D, Lot 7 Affidavit of Compliance Mr. Aude moved to accept the Affidavit of Compliance in Case Nos. 90-10-1-1, 90-10-1-2 and 90-10-2-2. The motion was duly seconded and carried unanimously. Mr. Aude questioned in what manner Mrs. Russell had complied. John Richter, Development Code Manager, indicated she had cleared some of the debris within the 10 days, and the inspectors assisted in removing the remaining material. OTHER BOARD ACTION - None. NEW BUSINESS - None. MINUTES - Meetings of October 10 & 24, 1990 Mr. McKinney moved to accept the minutes of the meetings of October 10 and 24, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 3:36 p.m.