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07/10/1991 MUNICIPAL CODE ENFORCEMENT BOARD July 10, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude William Zinzow Louise C. Riley Absent: D. Wayne Wyatt 7th Seat - New member 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 91-7-1 - Case No. 1 Magnum Mortgage Corp. 4745 Enterprise Rd. aka M&B 21-07 Sec 32-28-16 No one was present to represent the violator. Geri Doherty, Code Inspector, stated there is an abandoned sailboat on the property. Property ownership was verified through the tax rolls of Pinellas County and notice was sent certified mail. The notice was returned unclaimed, and was sent again to a forwarding address which has not yet been returned. Ms. Doherty stated she notified the owner of the boat, and he is aware the City could confiscate it. She first inspected the property February 20, 1991; she posted and photographed the property June 12th. City submitted composite exhibit A, a copy of the file of record including the legal notice and photograph of the property. In response to questions, Ms. Doherty stated it appears the boat owner just left it there without permission. She stated cost of removing the boat would be levied against the property owner. Ms. Doherty stated the City is currently involved in clearing the property of overgrowth which was previously brought to the Board. Mr. Aude moved that concerning Case No. 1 of Public Nuisance Clearing List 91-7-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 4745 Enterprise Rd. a/k/a M&B 21-07, Sec. 32-28-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of July, 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 -a copy of the file of record including the legal notice and a photograph of the property, it is evident that there exists debris at the above address in the form of an abandoned boat. The Conclusions of Law are: Magnum Lease Mortgage Corp. is in violation of Section 95.04. It is the Order of this Board that Magnum Lease Mortgage Corp. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/20/91). 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 Magnum Lease 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, Magnum Lease Mortgage Corp. shall notify Geri Doherty, 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 Alma M. & Cheryl L. Taylor 1749 Harbor Dr. aka Avondale Sub., Blk. E, Lot 15 No one was present to represent the violator. Geri Doherty, Code Inspector, stated there is an inoperable vehicle on the property. She verified ownership of the real property through the Property Appraiser's office, and ownership of the vehicle through the ID tag. Notices were sent certified mail and the signed receipts were returned. Ms. Doherty stated she made her first inspection April 8th and posted and photographed the property June 18, 1991. City submitted composite exhibit A, a copy of the file of record including the notice and a photograph of the property. In response to questions, Ms. Doherty stated the vehicle owner is a nephew of the property owner. He said he would fix the car; nothing was done and now he is in New York. She stated she does not know if the New York tag on the car is expired as it has no date on it. She stated the owner told her the car is inoperable; and it has not been moved for about six months. Ms. Doherty stated she had received a complaint about the vehicle. Mr. Aude moved that concerning Case No. 2 of Public Nuisance Clearing List 91-7-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1749 Harbor Drive a/k/a Avondale Sub., Blk. E, Lot 15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of July, 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 -a copy of the file of record including the legal notice and a photograph of the property, it is evident that there exists debris at the above referenced address in the form of an abandoned motor vehicle. The Conclusions of Law are: Alma M. & Cheryl L. Taylor are in violation of Section 95.04. It is the Order of this Board that Alma M. & Cheryl L. Taylor shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/20/91). 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 Alma M. & Cheryl L. Taylor. 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, Alma M. & Cheryl L. Taylor 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. - Case No. 3 Janet E. H. Cave 2460 Nash St. aka Gulf to Bay Acres, Blk. D, Lot 7 No one was present to represent the violator. Geri Doherty, Code Inspector, stated she verified ownership through the Property Appraiser's computer and sent notice certified and regular mail; both notices were returned. She first inspected the property May 29, 1991 and it was overgrown. She reinspected the property this morning and the violation still exists. Ms. Doherty stated the house is abandoned and may be in foreclosure. City submitted composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. The Inspector stated she sent notice to the Canada address noted on the returned mail. She stated she also spoke to someone at the bank holding the mortgage. Mr. Aude moved that concerning Case No. 3 of Public Nuisance Clearing List 91-7-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 2460 Nash Street a/k/a Gulf to Bay Acres, Blk. D, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of July, 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 - 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: Janet E. H. Cave is in violation of Section 95.04. It is the Order of this Board that Janet E. H. Cave shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/20/91). 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 Janet E.H. Cave. 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, Janet E.H. Cave 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. Case No. 23-91 Mary G. Realty, Inc. 490 Mandalay (Land Development Code) Cont from 6/12/91 The Secretary stated proper service of the notice of hearing had not been obtained. Mr. Cardinal moved to continue Case No. 23-91 until proper service is obtained. The motion was duly seconded and carried unanimously. Case No. 35-91 Lokey Oldsmobile Inc. 2355 Gulf to Bay Blvd. (Land Development Code) Cont from 6/26/91 Rick Rosa, Code Inspector, requested this case be continued to the August 14th meeting, due to delay of plan review. Mr. Cardinal moved to continue Case No. 35-91 to the meeting of August 14, 1991. The motion was duly seconded and carried unanimously. Mr. Aude abstained from voting in this case due to a conflict of interest. Case No. 39-91 Charles F. Kaufman 1721 N. Highland Ave. (Land Development Code) In response to a question, Mr. Kaufman agreed that the violation of a trailer being parked in the setback area does exist. He further stated the tenant of the property owns the trailer which he uses to transport a race car. He stated a larger gate was installed so the trailer could be put in the back yard. He stated the trailer is in the driveway sometimes from Friday night to Saturday, and he has told his tenant to keep the trailer in the fenced area. In response to questions, Mr. Kaufman stated the gate was installed a couple weeks after the notice of the violation in February. He stated Rick Rosa, Code Inspector, stated there are two options - store in the back yard or the other side of the house. Mr. Kaufman stated he told his tenant he does not want the trailer parked on the side next to his neighbor. Discussion ensued regarding the outcome of the violation cited in February, and it was stated compliance was obtained at that time. The Inspector stated he has six dated photographs of the trailer in the setback area since March 11th. It was stated there is not violation when the trailer is parked behind the fence. Mr. Cardinal moved that concerning Case No. 39-91 regarding violation of Section 136.022(i)(2)b of the Clearwater City Code on property located at 1721 North Highland Avenue a/k/a Highland Est. Sub., Blk B, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of July, 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 Charles F. Kaufman who admitted the violation exists, it is evident that a hauling trailer is being intermittently parked in the setback area of the property. The Conclusions of Law are: Charles F. Kaufman is in violation of Section 136.022(i)(2)b; that Charles F. Kaufman was found to have violated the same provision by the Board on February 27, 1991, and that Charles F. Kaufman has committed a repeat violation. It is the Order of this Board that Charles F. Kaufman shall comply with Section 136.022(i)(2)b. of the Code of the City of Clearwater within 24 hours. If Charles F. Kaufman does not comply within the specified time, it is the Order of this Board that he shall pay a fine of $150.00 per day commencing July 12, 1991, and continuing for each day the violation continues to exist. A certified copy of this Order shall be recorded in the Public Records of the Office of the Clerk of the Circuit Court in and for Pinellas County and shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. A fine imposed pursuant to Chapter 162 continues to accrue until the violator comes into compliance or until a judgment is rendered in a suit to foreclose on a lien filed pursuant to Chapter 162, whichever occurs first. 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, Charles F. Kaufman 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. Mr. Young, Mr. Kaufman's tenant, arrived after the public hearing was closed and was informed of the order of the Board. In response to a question, Mr. Young was told to work with the Code Inspector regarding the trailer being in the setback area while the lawn is being mowed. OTHER BOARD ACTION - None MINUTES - Meetings of June 12 & 26, 1991 and Emergency Meeting June 20, 1991 Ms. Riley moved to approve the minutes of the regular meetings of June 12 and June 26, 1991 and the emergency meeting of June 20, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 3:40 P.M.