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07/24/1991 MUNICIPAL CODE ENFORCEMENT BOARD July 24, 1991 Members present: William Murray, Chairman D. Wayne Wyatt William Zinzow Edwin Lewis Choate Absent: Robert Aude (excused) Bruce Cardinal, Vice-Chairman (excused) Louise C. Riley (unexcused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Mary K. Diana, 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 Chairman welcomed Mr. Edwin Lewis Choate, a newly appointed member of the Board. 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 91-7-2 - Case No. 1 Donald E. Jr. & Jane E. Turpin 1124 Hollywood Ave. a/k/a Woodvalley Unit #4, Blk 13, Lot 25 No one was present to represent the violator. Geri Doherty, Development Code Inspector, stated the lot is overgrown. She verified ownership through the Property Appraiser's office. Notice was sent certified mail and was returned "forward expired." Ms. Doherty stated this is an abandoned house. She first inspected the property June 24th, posted and photographed it June 25th. She reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record including the legal notice and photograph of the property. Mr. Wyatt moved that concerning Case No. 1 of Public Nuisance Clearing List 91-7-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1124 Hollywood Avenue a/k/a Woodvalley Unit 4, Block 13, Lot 25, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th 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: Donald E. & Jane E. Turpin are in violation of Section 95.04. It is the Order of this Board that Donald E. & Jane E. Turpin shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/3/91). 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 Donald E. & Jane E. 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, 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, Donald E. & Jane E. 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. - Case No. 2 James A. & Nancy A. Erskine about 301 Pennsylvania Ave. a/k/a Plaza Park, Blk D, Lot 6 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated the property is overgrown. She verified ownership through the Property Appraiser's office and sent notice certified mail and regular mail. The certified mail came back unclaimed. Ms. Niemiller stated this is a repeat violator. She stated she first inspected the property June 11th and posted and photographed it June 26th. She reinspected the property 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. Wyatt moved that concerning Case No. 2 of Public Nuisance Clearing List 91-7-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 301 Pennsylvania Avenue a/k/a Plaza Park, Block D, Lot 6, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th 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 Vicki Niemiller, 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: James A. & Nancy A. Erskine are in violation of Section 95.04. It is the Order of this Board that James A. & Nancy A. Erskine shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/3/91). 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 James A. & Nancy A. Erskine. 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, James A. & Nancy A. Erskine 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. - Case No. 3 Christine Keno about 915 Engman Street a/k/a Palm Park, Blk C, Lot 8 No one was preset to represent the violator. Vicki Niemiller, Code Inspector, stated the property is overgrown. Ownership was verified through the Property Appraiser's office; notice was sent certified and regular mail and the signed receipt was returned. She first inspected the property June 11th, and she posted and photographed it June 26th. Ms. Niemiller stated she reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Mr. Wyatt moved that concerning Case No. 3 of Public Nuisance Clearing List 91-7-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 915 Engman Street a/k/a Palm Park, Block C, Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th 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 Vicki Niemiller, 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 growth or accumulation of weeds, undergrowth or other similar plant materials at the above referenced address. The Conclusions of Law are: Christine Keno is in violation of Section 95.04. It is the Order of this Board that Christine Keno shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/3/91). 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 Christine Keno. 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, Christine Keno 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. - Case No. 4 John P. & Kathleen Kondrotas 1374 Milton Street a/k/a Ardmore Place Replat, Lot 19 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated ownership was verified through he Property Appraiser's office; notice was sent certified and regular mail, and the signed receipt was returned. She first inspected the property June 14th and posted and photographed it June 26th. She reinspected the property this morning and stated the front yard was mowed, but the back yard is still in violation. City submitted composite exhibit A including the legal notice and photographs taken June 26th and this morning. Mr. Wyatt moved that concerning Case No. 4 of Public Nuisance List 91-7-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1374 Milton St a/k/a Ardmore Place Replat, Lot 19, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th 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 Vicki Niemiller, 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 growth or accumulation of weeds, undergrowth or other similar plant materials at the above referenced address. The Conclusions of Law are: John P. & Kathleen Kondrotas are in violation of Section 95.04. It is the Order of this Board that John P. & Kathleen Kondrotas shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/3/91). 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 John P. & Kathleen Kondrotas. 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, John P. & Kathleen Kondrotas 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. Case No. 23-91 Mary G Realty Inc 490 Mandalay Ave (Land Development Code) Cont from 7/10/91 Geri Doherty, Code Inspector, requested this case be withdrawn. In response to a question, John Richter, Code Enforcement Manager, stated the City has determined there is insufficient evidence to support the case. Mr. Zinzow moved to withdraw Case No. 23-91. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 36-91 Rainbow Lanes, Inc 1225 S Highland Ave Affidavit of Compliance Case 91-6-1 #5 Fleet Fin Mtg Inc 1700 N Ft Harrison Ave Affidavit of Compliance Case 91-6-1 #7 Richard H Crance 508 Gilbert St a/k/a New Marymont 1st, Lot 2 Affidavit of Compliance Mr. Zinzow moved to accept the Affidavit of Compliance in Case Nos. 36-91, 91-6-1 #5 and 91-6-1 #7. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Case No. 38-91 Sunburst Fireworks Inc a/k/a Phantom, Inc Request for Rehearing Concerns were expressed that no reason was given for the request for a rehearing. In response to a question, the Attorney for the Board stated the Board has every right to ask for a reason. Mr. Wyatt moved that the Chairman provide a letter to the appropriate parties requesting an official determination as to why the case should be reheard. The motion was duly seconded and carried unanimously. MINUTES Mr. Zinzow moved to approve the minutes of the meeting of July 10, 1991 as submitted. The motion was duly seconded and carried unanimously. NEW BUSINESS John Richter, Code Enforcement Manager, stated implementation of the ticketing ordinance, which was passed by the Commission in December, 1990, was delayed due to lack of forms to be used. He stated they have now been received and will be used conservatively at first. He stated the Inspectors will use the tickets only in cases with sufficient evidence rendering the case basically cut and dry. If there is room for debate over an alleged violation, the cases will be brought to the Board. Recurring violations would also come back to the Board. In response to questions, Mr. Richter stated anyone wishing to appeal the ticket would appeal to County Court. He stated the tickets would be used immediately for sign violations. It was felt there would be more leverage for compliance if someone was faced with County Court. Mr. Richter stated he would keep the Board informed. Consensus of the Board was to process whichever way is more effective. Mr. Richter stated amendments to the nuisance code have been drafted including a proposal that only those violators protesting the citation would come before the Code Enforcement Board. A copy will be sent to the Board members for discussion before it is brought to the Commission. In response to a question, he stated it may not change the fact the City ends up with responsibility for clearing the properties. It was stated the establishment of a system of penalties is being considered. ADJOURN - The meeting adjourned at 3:40 p.m.