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08/14/1991 MUNICIPAL CODE ENFORCEMENT BOARD August 14, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude D. Wayne Wyatt Louise C. Riley Edwin L. Choate Absent: 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 91-8-1 - Case No. 1 Dennis J. & Judy G. Watson 1759 Townsend St. aka Lot 57, Blackshire Est. No one was present to represent the violator. Janice King, Code Inspector, stated the lot is overgrown. She verified ownership of the property through the Property Appraiser's Office, notice of the violation was sent certified mail, and was returned unsigned with a new address noted. She resent the notice July 2nd and no response has been received; she has had no verbal contact with the violator. She first inspected the property June 27th; posted and photographed it June 28th. Ms. King stated she reinspected the property this morning and the violation still exists. In response to questions, Ms. King stated the home doesn't appear to be occupied. She stated an anonymous complaint was received regarding this property. Discussion ensued whether the requirement for service of notice of the violation and hearing had been met, and the Attorney for the Board stated it has. 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. 1 of Public Nuisance Clearing List 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1759 Townsend St aka Lot 57, Blackshire Est., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 Janice King, 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: Dennis J. & Judy G. Watson are in violation of Section 95.04. It is the Order of this Board that Dennis J. & Judy G. Watson shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days(8/24/91). 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 Dennis J. & Judy G. Watson. 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, Dennis & Judy Watson shall notify Janice King, 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 John or Jo Ann Grepares vacant lot about 1110 Sunset Pt Rd aka Lot 25, Sunset Pt & Replat No one was present to represent the violator. Janice King, Code Inspector, stated this property is overgrown. She verified ownership through the Property Appraiser's Office, sent notice of the violation by certified mail and the signed receipt was returned. The property was first inspected July 10th, and on July 17th, it was posted and a photograph taken. 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. 2 of Public Nuisance Clearing List 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 1110 Sunset Pt. Rd. aka Lot 25, Sunset Pt. & Replat, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 Janice King, 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: John and/or Jo Ann Grepares are in violation of Section 95.04. It is the Order of this Board that John and/or Jo Ann Grepares shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days(8/24/91). 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 and/or Jo Ann Grepares. 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 and/or Jo Ann Grepares shall notify Janice King, the City Official who will 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 Evelyn H. Leahon, Tre. vacant lot about 1122 Sunset Pt Rd aka Lot 28, Sunset Pt & Replat No one was present to represent the violator. Janice King, Code Inspector, stated she verified ownership through the Property Appraiser's Office. Notice of the violation was sent certified mail on July 18th and the receipt has not been returned. Ms. King stated she spoke to Mr. Leahon on August 1st and he requested an extension. She did not grant an extension based on a similar violation in February which was not cleared by May. City submitted 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 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 1122 Sunset Pt. Rd. aka Lot 28, Sunset Pt. & Replat, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 Janice King, 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: Evelyn H. Leahon, Tre. is in violation of Section 95.04. It is the Order of this Board that Evelyn H. Leahon, Tre. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/24/91). 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 Evelyn H. Leahon, Tre. 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, Evelyn H. Leahon, Tre. shall notify Janice King, 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 Simkins Industries, Inc. M&B 21-01, Sec 20-29-16 & M&B 33-06, Sec 17-29-16 No one was present to represent the violator. Geri Doherty, Code Inspector, stated these two parcels are overgrown. Ownership was verified through the Property Appraiser's Office; notice was sent by certified mail and the signed receipt was returned. She spoke on the phone with the owners who said they are trying to find a contractor. Ms. Doherty first inspected the property July 11th, posted and photographed it on July 25th. In response to a question, Ms. Doherty said she knows one portion of the property is a repeat violation. 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. 4 of Public Nuisance Clearing List 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on two parcels located east of Japanese Gardens Mobile Home Park, on Tampa Bay and south of Pearce Drive aka M&B 21-01, Sec 20-29-16 & M&B 33-06, Sec 17-29-16 , the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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: Simkins Industries, Inc. is in violation of Section 95.04. It is the Order of this Board that Simkins Industries, Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/24/91. 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 Simkins Industries, Inc. 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, Simkins Industries, Inc. 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. 5 Mark G. Naedel 2944-1/2 Sunset Pt Rd aka M&B 14-13, Sec 5-29-16 No one was present to represent the violator. Geri Doherty, Code Inspector, stated the property is overgrown. Ownership was verified through the Property Appraiser's Office; notice was sent by certified and regular mail. She spoke to the owner and he is aware of the hearing. Ms. Doherty first inspected the property July 11th, and posted and photographed it July 25th. As of this morning, 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. In response to questions, Ms. Doherty stated the area in violation is the property inside the fence and the right of way. She stated it is for sale. Mr. Aude moved that concerning Case No. 5 of Public Nuisance Clearing List 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 2944-1/2 Sunset Pt Rd aka M&B 14-13, Sec 5-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 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: Mark G. Naedel is in violation of Section 95.04. It is the Order of this Board that Mark Naedel shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/24/91). 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 Mark Naedel. 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, Mark Naedel 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. 6 David P. and Susan R. Wood 1048 Jadewood Ave aka Lot 21, Blk 14, Woodvalley Unit 4 No one was present to represent the violator. Geri Doherty, Code Inspector, stated this property is overgrown and the house is vacant. She verified ownership through the Property Appraiser's Office; notice was sent by certified and regular mail, and both were returned marked forward expired. The property was first inspected July 11th, and posted and photographed July 25th. As of this morning, 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. In response to a question, Ms. Doherty stated the growth in the front and back yards is over twelve inches. Mr. Aude moved that concerning Case No. 6 of Public Nuisance Clearing List 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1048 Jadewood Ave aka Lot 21, Blk 14, Woodvalley Unit 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 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: David P. and Susan R. Wood are in violation of Section 95.04. It is the Order of this Board that David P. and Susan R. Wood shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days(8/24/91). 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 David P. and Susan R. Wood. 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, David P. or Susan R. Wood 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. 7 Goldie M. Reid 1347 Hibiscus St aka Lot 10, Blk A, Pinebrook Sub No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated this property is overgrown, and has large tree limbs and debris from the April 25th storm. Ownership was verified through the Property Appraiser's Office. She sent a courtesy letter May 30th giving the owner six weeks to clear the property. The property was posted July 11th and a copy of the notice was sent to the owner via certified and regular mail. The certified letter was returned unclaimed. Photographs were taken July 11th and 14th. 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 photographs of the property. In response to questions, Ms. Niemiller stated the residence is vacant. She stated a tree hit the corner of the garage with no damage to the house. She stated she informed the housing inspectors of the damage. As of the morning of the hearing, no clearing had been done. Mr. Aude moved that concerning Case No. 7 of Public Nuisance Clearing List 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1347 Hibiscus St. aka Lot 10, Blk. A, Pinebrook Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 and debris at the above referenced address. The Conclusions of Law are: Goldie M. Reid is in violation of Section 95.04. It is the Order of this Board that Goldie M. Reid shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/24/91). 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 Goldie M. Reid. 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, Goldie M. Reid 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. 8 Clark W. Mills vacant lot about 709 Vine Ave aka Lot 19, Blk 8, Pine Crest Sub No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated the lot is overgrown and there is debris. Ownership was verified through the Property Appraiser's Office; notice was sent certified and regular mail, and the signed receipt was returned. This is a repeat violation. She first inspected the property July 10th, and on July 17th it was posted and photographed. 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 photographs of the property. In response to questions, Ms. Niemiller stated the debris is in the right of way. Sanitation will not pick up from a vacant lot as there has to be an active account at the address. Mr. Aude moved that concerning Case No. 8 of Public Nuisance Clearing List 91-8-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at about 709 Vine Ave. aka Lot 19, Blk. 8, Pine Crest Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 and debris at the above referenced address. The Conclusions of Law are: Clark W. Mills is in violation of Section 95.04. It is the Order of this Board that Clark W. Mills shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/24/91). 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 Clark Mills. 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, Clark Mills 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. 9 James C. & Darlene L. Grimes 1410 Hamlet Ave aka Lot 13, Blk A, Belleview Ct No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated the property is overgrown. Ownership was verified through the Property Appraiser's Office and notice was sent by certified and regular mail. The certified mail was returned refused. Mrs. Grimes called the inspector stating the property is going to foreclosure. Ms. Niemiller stated she first inspected the property July 11th, and posted and photographed it July 18th. As of this morning, the violation still exists. City submitted composite exhibit A, a copy of the legal notice and photographs. In response to questions, Ms. Niemiller stated the residence is vacant. She stated the owner has no interest in the property and won't clear it. Mr. Aude moved that concerning Case No. 9 of Public Nuisance Clearing List 91-08-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1410 Hamlet Ave. aka Lot 13, Blk. A, Belleview Ct., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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: James C. & Darlene L. Grimes are in violation of Section 95.04. It is the Order of this Board that James C. & Darlene L. Grimes shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/24/91). 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 & Darlene Grimes. 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 and/or Darlene Grimes 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. 27-91 Dalip Tzekas 2129 Drew Street (Land Development Code) Continued from 6/26/91 Complied Mr. Wyatt moved to withdraw Case No. 27-91. The motion was duly seconded and carried unanimously. Case No. 35-91 Lokey Oldsmobile Inc./Paul B. Lokey, President 2355 Gulf to Bay Blvd. (Land Development Code) Continued from 7/10/91 John Richter, Code Enforcement Manager, requested this case be continued to August 28 to allow for the processing of a building permit. Mr. Cardinal moved to continue Case No. 35-91 to the meeting of August 28, 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. 40-91 Ernest Rivers 2723 Haverhill Ct, Bldg 25A (Building Code) It was stated Mr. Rivers phoned from out of town requesting a continuance to the next regularly scheduled meeting. Tom Chaplinsky, the Inspector in this case, had no objections. Ms. Riley moved to continue Case No. 40-91 to the meeting of August 28, 1991. The motion was duly seconded and carried unanimously. Case No. 41-91 Lokey Oldsmobile, Inc./Paul B. Lokey, President 2336 Gulf to Bay Blvd. aka parcel 18-29-16-00000-240-0400 Geri Doherty, Code Inspector, stated Saturn of Clearwater, the business at this address, is owned by Lokey Oldsmobile, Inc. On April 27, 1991, a complaint was received that balloons were displayed at the above address. An inspection was made and photographs were taken. City submitted exhibit A, two photographs of the property taken April 27th. Ms. Doherty stated the violation is a repeat of the same kind of violation, using wind devices, found by the Board in December, 1989. At that time, the Board issued an order imposing a $100 per day fine for a repeat violation. A notice of repeat violation was issued on May 24, 1991. The affidavit of violation, issued by the Inspector, was verbally amended, without objection, changing March 26 to April 27, 1991 in Facts behind violation. In response to questions, Ms. Doherty stated the previous violation regards the same owners and property. She stated there is no evidence of the balloons being displayed more than the one day. Discussion ensued regarding the necessity of issuing notice to the violator prior to imposing a fine. It was stated that without proper notification it can only be established that a repeat did occur, with a fine to be imposed for another repeat. Mr. Scott Harlib, Manager of Saturn of Clearwater, stated he is representing Lokey Oldsmobile, Inc. He has been with the company since October, 1990; he joined the management team in May, 1991. Since that time there have been no violations by Saturn. In response to questions, he stated he does not know of the previous violation, but did agree there was a violation in April. John Richter, in closing, stated this is a repeat violation and a fine should be imposed. However, he expressed concern regarding a provision of code section 22.67 that says a fine can be imposed only after notice to the violator of the repeat violation. Discussion ensued regarding the process of notifying a repeat violator while the violation exists; It was stated the Inspectors need time to research the property for prior violations and ownership. Mr. Harlib stated there has been only one violation in ten months, and it won't happen again as long as he is Manager. Mr. Cardinal moved that concerning Case No. 41-91 regarding a repeat violation of Section 134.009(5) of the Clearwater City Code on property located at 2336 Gulf to Bay Blvd. aka parcel 18-29-16-00000-240-0400, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 Mr. Harlib, representing Lokey Oldsmobile, Inc. and viewing the evidence, exhibits submitted: City exhibit A, photographs of the property, it is evident that balloons were attached to automobiles at 2336 Gulf to Bay Blvd. It is further evident that the violation was corrected prior to this hearing. The Conclusions of Law are: Lokey Oldsmobile, Inc. was in violation of Section 134.009(5); that Lokey Oldsmobile, Inc. was found to have violated the same provision at the same location by the Board on December 13, 1989, and that Lokey Oldsmobile, Inc. has committed a repeat violation. It is the Order of this Board that Lokey Oldsmobile, Inc. shall comply with Section 134.009(5) of the Code of the City of Clearwater and continue to comply henceforth. If Lokey Oldsmobile, Inc. repeats the violation, the Board may order them to pay a fine of $250.00 per day for each day the violation continues to exist after Lokey Oldsmobile, Inc. is notified of the repeat violation. 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. Aude abstained from voting in this case due to a conflict of interest. Case No. 42-91 Lokey Oldsmobile, Inc./Paul B. Lokey, President 2430 Gulf to Bay Blvd. aka parcel 18-29-16-00000-130-0400 In response to a question, Mr. Scott Harlib, representing Lokey Oldsmobile, Inc., agreed the violation did exist. Geri Doherty, Code Inspector, stated on April 27 and May 3, 1991 photographs were taken showing balloons being displayed at the above referenced address. She stated the same type violation was found by the Board in 1990. In response to a question, Ms. Doherty stated the previous violation was against the same owner and address. City submitted exhibit A, two photographs of the property. Mr. Aude abstained from voting in this case due to a conflict of interest. Mr. Cardinal moved that concerning Case No. 42-91 regarding violation of Section 134.009(5) of the Clearwater City Code on property located at 2430 Gulf to Bay Blvd. aka parcel 18-29-16-00000-130-0 00, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of August, 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 Mr. Harlib, representing Lokey Oldsmobile, Inc. and viewing the evidence, exhibits submitted: City exhibit A, photographs of the property, it is evident that balloons were attached to automobiles at 2430 Gulf to Bay Blvd. It is further evident that the violation was corrected prior to this hearing. The Conclusions of Law are: Lokey Oldsmobile, Inc. was in violation of Section 134.009(5); that Lokey Oldsmobile, Inc. was found to have violated the same provision at the same location by the Board on December 12, 1990, and that Lokey Oldsmobile, Inc. has committed a repeat violation. It is the Order of this Board that Lokey Oldsmobile, Inc. shall comply with Section 134.009(5) of the Code of the City of Clearwater and continue to comply henceforth. If Lokey Oldsmobile, Inc. repeats the violation, the Board may order them to pay a fine of $250.00 per day for each day the violation continues to exist after Lokey Oldsmobile, Inc. is notified of the repeat violation. 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. UNFINISHED BUSINESS Case 90-5-1 #2 Wm. B. Albrecht/Ann E. Larson M&B 34/02, Sec 17-29-16 Affidavit of Compliance Case 90-6-2 #2 Lydia Roebuck about 1163 Lasalle St Affidavit of Compliance Case 91-6-1 #3 Robert W. & Elaine Wigle 3205 Wessex Way Affidavit of Compliance Case 91-6-1 #4 Edward & A. Sr. Ratkewicz 3012 Merrill Ave Affidavit of Compliance Case 91-6-2 #2 Michael J. Bobowski 3265 Pine Haven Dr Affidavit of Compliance Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 90-5-1 #2, 90-6-2 #2, 91-6-1 #3, 91-6-1 #4 and 91-6-2 #2. The motion was duly seconded and carried unanimously. Case No. 29-91 Stephen & Sharon McKee 628 Fairwood Forest Dr Affidavit of Non-Compliance Affidavit of Compliance In response to a question regarding non-compliance, the Inspector stated there may have been a misunderstanding regarding what was needed for compliance. Mr. Wyatt moved to accept the Affidavit of Compliance in Case No. 29-91. The motion was duly seconded and carried unanimously. No action was taken on the Affidavit of Non-compliance. OTHER BOARD ACTION Case No. 38-91 Sunburst Fireworks Inc a/k/a Phantom, Inc Request for Rehearing Continued from 7/24/91 Affidavit of Non-Compliance Discussion ensued regarding the reason for the request being a desire to utilize a different type of alarm system than originally planned. It was stated the Board's order did not specify how, but when, compliance was due. It was also stated requirements for a system are specified by code; any variances to the code need to be heard by another board. In response to a question, Tom Chaplinsky, Building Inspector, stated no fire system has been installed nor have the hazardous materials been removed; therefore there is currently non-compliance. Bruce McLaughlin, Planning Engineer for Sunburst Fireworks Inc., stated the Board's order says to just comply, and it is hard to determine what is needed. He stated they originally had a cost for sprinklers and later found that there would be a substantial cost to bring water to the site for the sprinklers. He expressed concern regarding complying with the building code and not meeting fire code. He stated the code is not clear and asked for consideration as they are trying to comply. Dennis Sorce, Secretary/Treasurer of Phantom, Inc. stated when compliance time needed was first discussed, he thought 30 days would be enough to install a sprinkler system. Now they don't know how to comply. He stated the store next door is still empty as requested by the Fire Department. Discussion ensued regarding the order of the Board being based on the request of the violator. It was stated removal of the hazardous materials would bring the store into compliance. Mr. Wyatt moved to deny the Request to Rehear based on failure to produce adequate grounds for a rehearing. The motion was duly seconded and carried unanimously. Mr. Wyatt moved to accept the Affidavit of Non-Compliance in Case No. 38-91 and issue the order imposing the fine. The motion was duly seconded and carried unanimously. NEW BUSINESS Discussion Re Lot Clearing Ordinance John Richter, Code Enforcement Manager, explained the proposed changes to the Lot Clearing process stating it will greatly shorten the processing time. It was stated citations will be issued, and only those appealing would come to the Board. He also stated the administrative fee would be increased from $150 to $200 to cover the cost to the City. Some concern was expressed regarding City liability of entering and clearing properties and forfeiture action regarding abandoned vehicles, and it was stated the City's action would be the same as now. Ms. Riley moved to support the proposed ordinance. The motion was duly seconded and carried unanimously. John Richter stated he would like to give a written summary of cases to the Board. Andy Salzman, Attorney for the Board, stated the Board has to remain independent of the City. Providing information prior to the hearing could cause prejudice. There would be no problem with the City asking for a recommended compliance time or fine in a closing statement for each case. MINUTES - Meeting of July 24, 1991 Mr. Aude moved to approve the minutes of the meeting of July 24, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 5:24 p.m.