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01/09/1991 MUNICIPAL CODE ENFORCEMENT BOARD January 9, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude William Zinzow D. Wayne Wyatt Louise C. Riley Absent: John McKinney (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 3:02 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 91-01-1 - Case No. 1 Cinema Y. Teatros vacant lot N 1230 Gulf Blvd. Vicki Niemiller, Development Code Inspector, stated she verified ownership of the subject property through the Property Appraiser's office. She sent notice on November 20, 1990 via registered mail to Equador, South America, the mailing address as listed on the tax rolls. Neither the signed receipt nor the notice has been returned to date. The Inspector stated this property is cleared at least once a year by the City. She stated she first inspected the property November 13th; she posted and photographed it on November 19th. City submitted composite exhibit A, a copy of the file of record. The Inspector reinspected the property this morning and the violation still exists. No one was present to represent the violator. Discussion ensued regarding whether sufficient notice has been served. Consensus of the Board was to proceed with their order. Mr. Aude moved that concerning Case No. 1 of Public Nuisance Clearing List 91-01-1 regarding violation of Section 95.04 of the Clearwater City Code on property described as the vacant lot about N 1230 Gulf Blvd. aka M&B 31/21, Sec 17/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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 at the above address. The Conclusions of Law are: Cinema Y. Teatros is in violation of Section 95.04. It is the Order of this Board that Cinema Y. Teatros shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (1/19/91). 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 Cinema Y. Teatros. 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, Cinema Y. Teatros 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 9th day of January, 1991 - Case No. 2 Richard Leon 1002 Eldridge St Geri Doherty, Development Code Inspector, stated there is a trailer made out of a truck bed in the yard with a tag which expired June, 1978. There is no record regarding the owner of the vehicle. She sent notice via certified mail to Richard Leon, the owner of the property, which was returned marked 'no forward'. The property was first inspected October 15th and posted on December 17th. She reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record. No one was present to represent the violator. Mr. Aude moved that concerning Case No. 2 of Public Nuisance Clearing List 91-01-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1002 Eldridge St aka Lot 11, less E 60', Blk 7, Pine Crest Sub, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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, it is evident that there exists debris, in the form of a trailer made out of a truck bed, at the above address. The Conclusions of Law are: Richard Leon is in violation of Section 95.04. It is the Order of this Board that Richard Leon shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (1/19/91). 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 Leon. 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 Leon 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 9th day of January, 1991 - Case No. 3 Carroll C. Garretson 2100 Palmetto St No one was present to represent the violator. Rick Rosa, Development Code Inspector, stated this property is overgrown. He verified ownership through the Pinellas County tax rolls, posted the property and mailed notice on December 17th via certified mail. The signed receipt was return on December 19th. He first inspected the property December 14th. The property was inspected this morning and it is still in violation. City submitted composite exhibit A, a copy of the file of record. In response to a question, Mr. Rosa pointed out in a photograph where the overgrowth begins on the property. Mr. Aude moved that concerning Case No. 3 of Public Nuisance Clearing List 91-01-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 2100 Palmetto St aka M&B 14/07, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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 at the above address. The Conclusions of Law are: Carroll C. Garretson is in violation of Section 95.04. It is the Order of this Board that Carroll C. Garretson shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (1/19/91). 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 Carroll C. Garretson. 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, Carroll C. Garretson 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 9th day of January, 1991 Case No. 1-91 Allison Repetto 18224 U.S. Highway 19 N (Fire/Life Safety Code) Jeff Daniels, Fire Inspector, stated he noticed several violations during a routine inspection. City submitted composite exhibit A, photographs showing the areas in violation. He stated he requested the rear lot be cleaned up. There are tractors, barrels, pallets, and other items which need to be stacked and/or thrown away. He stated it would be difficult for firefighters to get fire hoses through the area if necessary. He stated exit ways are intermittently blocked and exit signs are needed. There is an auto repair area, with grease and junk parts all over, which needs to be cleaned up. In response to questions, the Inspector stated there could be seepage into the ground and the condition could be a hazard for starting a fire or fighting one. He stated the access around the building is limited, and a firetruck could not get through in case of fire. In response to questions, Inspector Daniels stated the first official notice was issued August 24, 1990. He stated the Clearwater Fire Department had thought for several years that this property was under Largo's jurisdiction. When it was discovered it was under Clearwater's jurisdiction, they inspected the property. Mr. Repetto stated the area used for vehicle repair and storage has old equipment which is used for parts. In response to questions, he stated the old vehicles were used in the grove and are not currently licensed. He stated the property is zoned agricultural. He did have someone clean up the area. He stated he would need a month to move the vehicles blocking access by firefighting equipment. He indicated he had been aware of the violation for several months and had been working to correct them. In response to a question, he stated his business is open all year. Mr. Cardinal moved that concerning Case No. 1-91 regarding violation of Sections 25-2.10, 5-1.3.3, Life Safety Code and 4A-28.06, State Fire Marshal Rules & Regulations as adopted by the Clearwater City Code on property located at 18200 US 19 N, the E 245' of N 210', the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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 Jeff Daniels, Fire Inspector, and Mr. Repetto, and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident that the means of egress are periodically blocked, all required exit signs are not in place or visible, and areas of the property are blocked precluding access by firefighting equipment. The Conclusions of Law are: Allison Repetto is in violation of Sections 25-2.10, 5-1.3.3, Life Safety Code and 4A-28.06, State Fire Marshal Rules & Regulations. It is the Order of this Board that Allison Repetto shall comply with Sections 25-2.10, 5-1.3.3, Life Safety Code and 4A-28.06, State Fire Marshal Rules & Regulations as adopted by the Code of the City of Clearwater within 15 days (1/24/91). If Allison Repetto does not comply within the time specified, the Board may order them to pay a fine of $100.00 per day for each day the violation continues to exist. If Allison Repetto does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Allison Repetto shall notify Jeff Daniels, the City Official who shall inspect the property and notify the Board of compliance. 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 9th day of January, 1991. Case No. 2-91 Fifteen S. Lincoln Associates 1261 Cleveland Street (Land Development Code/Signs) There was no one present to represent the violator. Geri Doherty, Development Code Inspector, stated this violation came before the Board in January, 1989, citing the business owner, at which time the Board found a violation did exist and ordered compliance. She stated the owner of the business owns property in the County, but it is homestead so it can't be foreclosed upon. The owner of the property where the violation exists is being cited in an effort to obtain compliance. In response to questions, it was stated the existing lien is against any real or personal property owned by the violator. The Assistant City Attorney stated that, while they are now citing the real property owner hoping to gain compliance, efforts to collect the existing lien will continue. In response to questions, the Inspector stated there has been no attempt at compliance. City submitted exhibit A, photographs of the property and exhibit B, the return receipt for the Notice of Violation. The Inspector stated she spoke with a representative of Fifteen S. Lincoln Associates regarding the violation in September who said he would look into it. She left a messages since that time, but her calls were never returned. Mr. Aude moved that concerning Case No. 2-91 regarding violation of Sections 134.013(a) and 134.017(a)(1) of the Clearwater City Code on property located at 1261 Cleveland St aka Lots 7-13, Hibiscus Gardens, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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 exhibits A and B, it is evident that there are many unpermitted signs which are also inconsistent with City Code at the above referenced address. The Conclusions of Law are: Fifteen S. Lincoln Associates is in violation of Sections 134.013(a) and 134.017(a)(1). It is the Order of this Board that Fifteen S. Lincoln Associates shall comply with Sections 134.013(a) and 134.017(a)(1) of the Code of the City of Clearwater by January 18, 1991. If Fifteen S. Lincoln Associates does not comply within the time specified, the Board may order them to pay a fine of $250.00 per day for each day the violation continues to exist. If Fifteen S. Lincoln Associates does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Fifteen S. Lincoln Associates shall notify Geri Doherty, the City Official who shall inspect the property and notify the Board of compliance. 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 9th day of January, 1991. Case No. 3-91 Ruth Brown 316 Pleasant Street (Land Development Code) Beverly Montague, daughter representing Ruth Brown, was present and admitted to the violation. She stated the motor home is parked five feet into the easement. She proposes to move a fence which would allow additional footage to move the vehicle out of the easement. She stated the vehicle has been there since early November, but her mother has been in the hospital. Mr. Jesse Montague, husband of Beverly, stated there is also a tree in the way of moving the vehicle out of the easement. He would like permission to be parked two feet into the easement in order to save the tree. He also requested 30 days in which to comply. He stated he is waiting on a part to repair the motorhome. He stated they had money problems recently and could not make the repair. In response to a question why the vehicle has to be running to move it, Mr. Montague stated it is too heavy to push. City submitted exhibit A, a photograph of the property. Mr. Wyatt moved that concerning Case No. 3-91 regarding violation of Section 136.022(i)(2)c of the Clearwater City Code on property located at 316 Pleasant St aka North Shore Park, Blk 7, Lot 14, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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, Development Code Inspector, Beverly and Jesse Montague, representing Ruth Brown and admitting to the violation, John Richter, Code Enforcement Manager, and viewing the evidence, exhibits submitted: City exhibit A, it is evident that a motorhome is being parked in the setback area at the above referenced address. The Conclusions of Law are: Ruth Brown is in violation of Section 136.022(i)(2)c. It is the Order of this Board that Ruth Brown shall comply with Section 136.022(i)(2)c of the Code of the City of Clearwater within 30 days (2/8/91). If Ruth Brown does not comply within the time specified, the Board may order them to pay a fine of $100.00 per day for each day the violation continues to exist. If Ruth Brown does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Ruth Brown shall notify Rick Rosa, the City Official who shall inspect the property and notify the Board of compliance. 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 9th day of January, 1991. Case No. 4-91 Maurice Wilder d/b/a Equator Lounge 2516 Gulf to Bay Blvd. (Land Development Code/Signs) Rick Rosa, Development Code Inspector, stated he inspected the property and sent notice to the owner of the business on October 17,1990. He also sent a copy of the notice to the Registered Agent for the property owner, Blackpool Palace Ltd. of Florida, Inc.. Mr. Wilder questioned what he needed to do and was given 30 days to get with the appropriate personnel to determine what they wanted to do with the signs to comply. The Inspector stated there was no follow-up by the defendant. He stated he verified ownership through the Pinellas County tax rolls and determined owner of the business through the City's Occupational License Division. In response to questions, Mr. Rosa stated there are no permits for the signs. The sign in front already existed when Mr. Wilder took over the property but it had a face change which requires a permit, even though the size did not change. He stated there are five signs in violation. The Inspector recommended the Board allow seven days in which the violator is to apply for the permits or variance and seven days from issuance or decision to complete compliance. He stated this business would be allowed the pole sign and one fifteen foot wall sign per City Code. Mr. Thomas Merrill, Assistant Secretary for Equator, Inc. representing Mr. Wilder, admitted to the violation. They leased the property in October, 1990 and own it as of December 31, 1990. He stated they met with Building Dept. personnel today and picked up a variance application. He requested 30 days to comply. He stated the pole sign was there but they changed the face of it. There is no safety hazard. Mr. Zinzow moved that concerning Case NO. 4-91 regarding violation of Sections 134.013(a) and 134.017(a)(1) of the Clearwater City Code on property located at 2516 Gulf to Bay Blvd aka Studebakers Sub, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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, Development Code Inspector and Thomas Merrill, Assistant Secretary of Equator, Inc. representing Maurice Wilder and admitting to the violation, and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident that there exists signs without permits and in excess of signage allowed by Code at the above referenced address. The Conclusions of Law are: Maurice Wilder is in violation of Sections 134.013(a) and 134.017(a)(1). It is the Order of this Board that Maurice Wilder shall comply with Sections 134.013(a) and 134.017(a)(1) of the Code of the City of Clearwater within 30 days or, if a variance is applied for, within 7 days of approval or denial of variance request. If Maurice Wilder does not comply within the time specified, the Board may order them to pay a fine of $100.00 per day for each day the violation continues to exist. If Maurice Wilder does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Maurice Wilder shall notify Rick Rosa, the City Official who shall inspect the property and notify the Board of compliance. 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 9th day of January, 1991. Case No. 5-91 Frank C. Kunnen d/b/a Clearwater "19" Commerce Park 797 U.S. 19 North (Land Development Code) Mr. Wyatt moved to continue Case No. 5-91 to obtain proper service of the Notice of Hearing. The motion was duly seconded and carried unanimously. Case No. 6-91 Patricia Peters, Pres., Seville Condominiums #12, Inc. 2699 Seville Blvd. The Secretary informed the Board of the Inspector's request to continue this case to the meeting of January 23, 1991. Mr. Wyatt moved to continue Case No. 6-91 to the meeting of January 23. The motion was duly seconded and carried unanimously. Case No. 7-91 Anthony Alexiou 7 Rockaway St (Land Development Code) Kenneth Sunne, Attorney representing Anthony Alexiou, stated they are in agreement that the violation exists. Mr. Babin, the tenant at 7 Rockaway d/b/a Penguin Palace, stated the deck and walk have been there for several years. He stated he has a long term lease and was originally cited for the violation. He obtained a variance and DNR (Department of Natural Resources) approval but, at the time, did not follow through. He requested 90 days in which to comply as he would need to reapply for variances and approvals and acquire an engineer's statement. Mr. Babin stated the deck is vital to his business due to its' location. He stated DNR permitted the larger deck, but the permit expired by the time he was granted the previous variances. In response to questions, he stated permits are required from the Building Department and DNR; the application to DNR is being processed and he should have it in 90 days. Discussion ensued whether 90 days would be sufficient to acquire all needed approvals. John Richter, Development Code Manager, stated the walkway over the right of way needs the City Engineer's approval, the deck needs variance approval, and conditional use would be required for serving alcoholic beverages on the deck. He stated it would take four to six weeks and all processes can run concurrently. Tom Chaplinsky, Building Inspector Supervisor, stated the walkway over the sidewalk does not have all approvals, but the main issue is the deck. He requested the Board specify a time limit for compliance. Then, if more time is needed, require evidence for the delay. He stated the file on these violations goes back to 1988. He stated he spoke with Mr. Shin, of DNR, who stated he is unaware of any application for a variance for the deck. Mr. Babin stated he spent lots of money and time for approval from DNR which he did receive. In response to questions, he stated the original was submitted on behalf of the previous tenant and issued in 1989. He stated he will be removing and replacing the current deck. In response to questions, it was stated the existing deck is in violation and was put in place prior to Mr. Babin becoming the tenant. Mr. Chaplinsky stated 60-75% of the deck received DNR approval, but not a City permit. He stated a certificate of occupancy has not been issued either. Discussion again ensued whether 90 days is enough time to comply. Miles Lance, Assistant City Attorney, requested the Board insist on compliance but allow them to come back to request extension if good faith and effort are shown. Mr. Cardinal moved that concerning Case No. 7-91 regarding violation of Sections 137.006, 137.007(b)(1), 136.009(b) and 112.27 of the Clearwater City Code on property located at 7 Rockaway St aka Millers Replat, Lot 2 and vacated beach drive, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of January, 1991, 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 Tom Chaplinsky, Construction Inspection Supervisor, Kenneth Sunne, Attorney representing Mr. Alexiou, and John Babin, tenant, and with the admission of the violation by the representative of the owner, and viewing the evidence, it is evident that decks were built at the above referenced property without permits, they are occupied without a Certificate of Occupancy, one deck encroaches into the street right-of-way without approval, and one deck is seaward of the Coastal Construction Control Line. The Conclusions of Law are: Anthony Alexiou is in violation of Sections 137.006, 137.007(b)(1), 136.009(b) and 112.27. It is the Order of this Board that Anthony Alexiou shall comply with Sections 137.006, 137.007(b)(1), 136.009(b) and 112.27 of the Code of the City of Clearwater within 90 days (4/9/91). If Anthony Alexiou does not comply within the time specified, the Board may order them to pay a fine of $100.00 per day for each day the violation continues to exist. If Anthony Alexiou does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Anthony Alexiou shall notify Tom Chaplinsky, the City Official who shall inspect the property and notify the Board of compliance. 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 9th day of January, 1991. Mr. Wyatt left the meeting at 5:05 p.m. The meeting recessed from 5:07 to 5:13 p.m. Ms. Riley left the meeting at 5:21 p.m. UNFINISHED BUSINESS Case No. 90-11-2-4 Kelly Moser/Thomas Peterson 1518 Arden Ave Affidavit of Compliance Case No. 90-11-2-5 Joseph & Yvonne White 1962 Seton Dr Affidavit of Compliance Case No. 90-11-2-6 Alfred C. Wyllie 1255 Palm St Affidavit of Compliance Case No. 39-90 Philip Lokey dba Lokey Motor Co. 1220 US 19 South Affidavit of Compliance Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 90-11-2-4, 90-11-2-5, 90-11-2-6 and 39-90. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report The Fine Status Report was reviewed. Miles Lance, Assistant City Attorney, stated checks were received due to several foreclosures on the Burt property. He stated there is a claim of improper procedure regarding Case No. 130-88. Mr. Zinzow moved to authorize foreclosure proceedings be instituted in Case Nos. 47-89 and 88-89. The motion was duly seconded and carried unanimously. NEW BUSINESS John Richter, Development Code Manager, stated, regarding Case No. 2 of the Public Nuisance Clearing List, the lot clearing violation and abandoned property violation on this property came before the Board separately due to time parameters guidelines in the ordinance. In response to a question, he stated the ticketing ordinance was adopted January 3, 1991. It has not been implemented because County Court has to produce a ticketing form to be used. Mr. Richter questioned the order for the Equator Lounge taking into consideration the time frame for a variance application, while the order for Ruth Brown did not. The Board indicated they would expect some administrative latitude regarding compliance when good faith and effort are shown. He also stated he would be presenting to the Board how cases are processed, step by step, to help the Board better appreciate the Inspector's efforts in bringing a case before the Board. MINUTES - Meeting of December 12, 1990 Mr. Cardinal moved to approve the minutes of the meeting of December 12, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 5:40 PM