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06/26/1991 MUNICIPAL CODE ENFORCEMENT BOARD June 26, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude D. Wayne Wyatt Louise C. Riley Absent: William Zinzow (excused) 7th Seat - New member 6/20/91 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 91-6-2 - Case No. 1 Robert Cooper 600 Pennsylvania Ave aka Pine Crest Sub, Blk 11, Lots 3-5, 8&9 No one was present to represent the violator. Rick Rosa, Code Inspector, stated he first inspected the property November 16, 1990 and noted an accumulation of debris. He verified ownership through the Pinellas County tax rolls; and on May 28, 1991 he posted and photographed the property and sent notice to Mr. Cooper certified mail. The Inspector stated he reinspected the property this morning and the violation still exists. City submitted composite exhibit A - a copy of the file of record including the notice and photographs of the property. In response to questions, Mr. Rosa stated City records do not show this to be a repeat violator. He stated the violator is licensed for roofing construction. He stated the debris consists of inoperable machinery, scrap materials, tires, radiators and two by fours. He stated the materials that are stacked neatly are not included as debris. He stated another inspector did speak to someone at the corporation and to their lawyer. The lawyer explained to them what they needed to do to comply. He stated the property covers about half a block. In response to questions, Mr. Rosa stated the property is zoned neighborhood or general commercial. He stated the certified notice was returned unclaimed, but they do know about the violation and the hearing. He stated whether or not the property is commercial, they are still in violation. In response to questions, Mr. Rosa stated a complaint was received regarding a mattress being a fire hazard. He stated some of the junk has not been used in years. He stated the debris he is concerned about is specifically noted on the notice. He stated the City hires a contractor to clear the property. The contract specifications would detail what needs to be cleared and removed, including possible hazardous materials. Mr. Aude moved that concerning Case No. 1 of Public Nuisance Clearing List 91-6-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 600 Pennsylvania Avenue aka Lots 3-5, 8 & 9, Blk 11, Pine Crest Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of June, 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 - a copy of the file of record including the legal notice and photographs of the property, it is evident that there exists the excessive accumulation of debris at the above address. The Conclusions of Law are: Robert Cooper is in violation of Section 95.04. It is the Order of this Board that Robert Cooper shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/6/91). 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 Robert Cooper. 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, Florida 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, Robert Cooper 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. - Case No. 2 Michael J. Bobowski 3265 Pine Haven Dr aka Countryside Tct 5, Lot 66 No one was present to represent the violator. Rick Rosa, Code Inspector, stated he first inspected the property May 23, 1991 which was overgrown. Ownership was verified through the Pinellas County tax rolls. The property was posted and photographed May 28th, and the notice was sent certified mail at that time. The notice was returned unclaimed. He reinspected the property this morning and the violation still exists. City submitted composite exhibit A - a copy of the file of record including a copy of the notice and a photograph of the property. In response to questions, Mr. Rosa stated the house is vacant and there has been no contact with the owner. The only mailing address on record is the post office box to which he sent the notice. He stated he did not send notice to the forwarding address noted on the returned mail. A question was raised regarding sufficient notice to the violator, and the Attorney for the Board stated the posted notice and attempted notification at the last know address was sufficient. Mr. Aude moved that concerning Case No. 2 of Public Nuisance Clearing List 91-6-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 3265 Pine Haven Dr aka Countryside Tract 5, Lot 66, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of June, 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 -a copy of the file of record including 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 at the above referenced address. The Conclusions of Law are: Michael J. Bobowski is in violation of Section 95.04. It is the Order of this Board that Michael J. Bobowski shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/6/91). 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 Michael J. Bobowski. 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, Florida 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 J. Bobowski 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. - Case No. 3 New York Guardian Mtg. Corp. 501-503 North Saturn Ave aka Drew Terrace Sub, Lot 17 No one was present to represent the violator. Rick Rosa, Code Inspector, stated a complaint regarding excessive growth and weeds was received and he inspected the property May 30, 1991. Property ownership was verified and notice was sent certified mail; the signed receipt was returned. The property was posted and photographed June 5, 1991. The property was reinspected this morning and the violation still exists. City submitted composite exhibit A - a copy of the file of record including the legal notice and a photograph of the property. Mr. Aude moved that concerning Case No. 3 of Public Nuisance Clearing List 91-6-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 501-503 N Saturn Ave aka Drew Terrace Sub, Lot 17, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of June, 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 -a copy of the file of record including 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 at the above address referenced address. The Conclusions of Law are: New York Guardian Mortgage Corp. is in violation of Section 95.04. It is the Order of this Board that New York Guardian Mortgage Corp. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/6/91). 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 New York Guardian Mortgage Corp. 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, Florida 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, New York Guardian Mortgage Corp. 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. Case No. 27-91 Dalip Tzekas 2129 Drew St. (Land Development Code) Continued from 5/8/91 Rick Rosa, Code Inspector, requested this case be continued to the August 14 meeting due to a continuance of a variance application. Mr. Cardinal moved to continue Case No. 27-91 to the meeting of August 14, 1991 as requested by the Inspector. The motion was duly seconded and carried unanimously. Case No. 35-91 Lokey Oldsmobile Inc/Paul B Lokey, Pres 2355 Gulf to Bay Blvd (Land Development Code) Continued from 6/12/91 Rick Rosa, Code Inspector, requested this case be continued to the next regularly scheduled meeting stating plans have been submitted to the City for review. Mr. Wyatt moved to continue Case No. 35-91 to the meeting of July 10, 1991 as requested by the Inspector. The motion was duly seconded and carried unanimously. Mr. Aude abstained from voting due to a conflict of interest. Case No. 37-91 Church of Scientology Flag Svcs. Org., Inc. 1024 Cleveland Street (Fire Code) Complied Prior Mr. Cardinal moved to withdraw Case No. 37-91 as compliance has been obtained. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case 91-4-1 #1 Evelyn H. Leahon, Tre vacant lot about 1122 Sunset Pt Rd aka Sunset Pt Replat, Lot 28 Affidavit of Compliance Mr. Cardinal moved to accept the Affidavit of Compliance in Case 91-4-1 #1. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Mr. Aude stated Don Winner, who passed away last month, had served on the Board; and he requested the Board officially acknowledge his contributions. Consensus was to send a letter of appreciation to the family. The meeting adjourned at 3:30 p.m.