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09/11/1991 MUNICIPAL CODE ENFORCEMENT BOARD September 11, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William A. Zinzow D. Wayne Wyatt Louise C. Riley Edwin L. Choate Absent: Robert Aude (excused) 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 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 91-9-1 - Case # 1 Nick Sagonias Est about 650 Turner St aka Lots 6 & 7, Magnolia Park No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated ownership was verified through the Property Appraiser's Office, notice was sent regular and certified mail, and the signed receipt was returned. She first inspected the property July 15th; she posted and photographed it on August 7th. 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. Mr. Cardinal moved that concerning Case No. 1 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at about 650 Turner St. aka Lots 6 & 7, Magnolia Park, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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: Nick Sagonias Est. is in violation of Section 95.04. It is the Order of this Board that Nick Sagonias Est. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Nick Sagonias Est. 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, Nick Sagonias Est. 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 #2 Forest Dean ROW on Turner St, N of 601 S Myrtle Ave aka Lots 1-3 & 6-10, Blk 21, Magnolia Park No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated ownership was verified through the Property Appraiser's Office and notice was sent certified and regular mail. The Inspector stated she spoke with the Manager of Scotty's and sent a courtesy letter to the owner of the property, but she received no response. She posted and photographed the property August 7th; 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. Cardinal moved that concerning Case No. 2 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at the right of way on Turner St., north of 601 S. Myrtle Ave. aka Lots 1-3 & 6-10, Blk. 21, Magnolia Park, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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: Forest Dean is in violation of Section 95.04. It is the Order of this Board that Forest Dean shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Forest Dean. 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, Forest Dean 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 #3 Charles R Smith 1200 Drew St aka Lot 3, Blk 4, Country Club Addn No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is an accumulation of debris, in the form of roofing materials, on the property. Notice was sent regular and certified mail and the signed receipt was returned. She first inspected the property July 8th and sent a courtesy letter to the owner who is out of state. She posted and photographed the property on August 15th. As of this morning, the violation still exists. In response to questions, the Inspector stated the residence appears to be vacant. She stated sanitation trucks do not pick up building materials. Mr. Cardinal moved that concerning Case No. 3 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at 1200 Drew St. aka Lot 3, Blk. 4, Country Club Addn., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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 accumulation of debris at the above referenced address. The Conclusions of Law are: Charles R. Smith is in violation of Section 95.04. It is the Order of this Board that Charles R. Smith shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Charles R. Smith. 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, Charles R. Smith 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 #4 Anthony Basile 2832 Gloria Ct aka Lot 37, Northwood West No one was present to represent the violator. Geri Doherty, Code Inspector, stated this property is an overgrown, vacant lot. She stated a complaint was received on August 8, the property was first inspected on August 15, and posted on August 21. Ownership was verified through the Property Appraiser's Office. She reinspected the property this morning and they are in the process of clearing it. Notice was sent by certified mail and the signed receipt was returned. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Mr. Cardinal moved that concerning Case No. 4 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at 2832 Gloria Ct. aka Lot 37, Northwood West, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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: Anthony Basile is in violation of Section 95.04. It is the Order of this Board that Anthony Basile shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Anthony Basile. 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, Anthony Basile 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 #5 R Roy Meador, Tre 509 Bayview Ave aka Lot 2, Blk 3, McMullen's Bayview Sub No one was present to represent the violator. Geri Doherty, Code Inspector, stated there is an inoperable vehicle on the property with an expired out of state tag, and one wheel missing. Ownership of the property was verified through the Property Appraiser's Office; ownership of the vehicle is unknown. She stated notice was sent regular and certified mail. She has not had any contact with the property owner, but she has spoken with the tenant. The property was first inspected July 8th and posted August 21st. 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, the Inspector stated David Osborne, the tenant, is aware of the problem and that the City will assess the property if forced to remove the vehicle. She stated she posted four other vehicles at this address previously, and he did remove them. Mr. Cardinal moved that concerning Case No. 5 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at 509 Bayview Ave. aka Lot 2, Blk. 3, McMullen's Bayview Sub., (& 1/2 vacated street on north), the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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 debris in the form of an inoperable vehicle at the above referenced address. The Conclusions of Law are: R. Roy Meador, Tre. is in violation of Section 95.04. It is the Order of this Board that R. Roy Meador, Tre. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 R. Roy Meador, 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, R. Roy Meador, Tre. 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 #6 Resolution Trust Corp 1161 Sedeeva St aka Pt Lots 4 & 5, Blk E, Floridena Sub No one was present to represent the violator. Janice King, Code Inspector, stated the property is overgrown and there is debris in the form of a fallen tree in the back yard. Ownership was verified through the Property Appraiser's Office, notice was sent certified mail, and the signed receipt was returned. The property was first inspected July 22nd and posted on August 13th. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. The Inspector stated she reinspected the property this morning and the violation still exists. In response to questions, Ms. King stated there is other debris such as a battery. The neighbors are upset with the condition of the property. Minimum Housing is also involved as the house is in bad shape. She stated the house is unoccupied, however there may be vagrants. Mr. Cardinal moved that concerning Case No. 6 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at 1161 Sedeeva St. aka part of Lots 4 & 5, Blk. E, Floridena Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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 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, in the form of a fallen tree, at the above referenced address. The Conclusions of Law are: Resolution Trust Corp. is in violation of Section 95.04. It is the Order of this Board that Resolution Trust Corp. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Resolution Trust 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, Resolution Trust Corp. 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 #7 Dolly Caloroso 1492 Byram aka Lot 89, Sunset Highlands Unit 4 Janice King, Code Inspector, stated the right of way and easement to the north of the property is overgrown. Ownership was verified through the Property Appraiser's Office, notice was sent by certified mail and the signed receipt was returned. She first inspected the property on August 7th and posted and photographed it on August 12th. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. She reinspected the property this morning; part of the right of way has been mowed, but the ditch to the north of the property is not mowed. In response to a question, the Inspector stated adjacent easements and rights of way are the responsibility of the property owner. Frank Burgia, Property Manager for Dolly Caloroso, stated the previous tenants did not maintain it. He wasn't aware of the need to cut the easement, and he is now trying to find someone to cut the grass. Mr. Wyatt moved that concerning Case No. 7 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at 1492 Byram Dr. aka Lot 89, Sunset Highlands Unit 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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, Frank Burgia, Manager of the property, 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: Dolly Caloroso is in violation of Section 95.04. It is the Order of this Board that Dolly Caloroso shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Dolly Caloroso. 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, Dolly Caloroso 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 #8 Donna G Spaduzzi 1 S Hercules Ave aka Lot 1, Blk C, Sky Crest Unit 9 No one was present to represent the violator. Janice King, Code Inspector, stated ownership was verified through the Property Appraiser's Office, notice was sent by regular and certified mail, and both regular and certified letters were returned undelivered. She first posted the property August 7th and posted and photographed on August 13th. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs. She reinspected the property this morning; the front yard was mowed but the back was still in violation. In response to a question, the Inspector stated she thinks the debris depicted in the photograph is screening and pieces of wood. Mr. Cardinal moved that concerning Case No. 8 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at 1 S. Hercules Ave. aka Lot 1, Blk. C, Sky Crest Unit No. 9, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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 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: Donna G. Spaduzzi is in violation of Section 95.04. It is the Order of this Board that Donna G. Spaduzzi shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Donna G. Spaduzzi. 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, Donna G. Spaduzzi 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 #9 Arnold O Leifer 409 South Comet Ave aka S 65 ft of Lot 5, Sky Crest Unit 7 No one was present to represent the violator. Janice King, Code Inspector, stated the easement is overgrown. Ownership was verified through the Property Appraiser's Office. Notice was sent by certified mail, which was returned undeliverable, and by regular mail. The property was first inspected August 12th and posted August 13th. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs. The Inspector stated the Utilities Department personnel could not locate the meter and made a complaint. She reinspected the property this morning and the violation still exists, although an area leading to the meter was mowed. In response to a question, the Inspector stated it looks like part of the building is used for business with rental units upstairs. The owner lives in Tampa. Mr. Cardinal moved that concerning Case No. 9 of Public Nuisance Clearing List 91-9-1 regarding violation of Section 95.04 of the City Code on property located at 409 South Comet Ave. aka the south 65 feet of Lot 5, Sky Crest Unit No. 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of September, 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 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: Arnold O. Leifer is in violation of Section 95.04. It is the Order of this Board that Arnold O. Leifer shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). 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 Arnold O. Leifer. 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, Arnold O. Leifer 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. OTHER BOARD ACTION - None NEW BUSINESS Discussion ensued regarding the assessment of the $150 administrative charge. John Richter, Code Enforcement Manager, stated the fee is not assessed if the owners clear the property after the hearing. In response to a question, Mr. Richter stated costs incurred by the City for the inspectors time and process exceeds the administrative charge and does not take into account all costs involved. He recommended bringing cases to the Board if they have cleared prior to the hearing in order for the Board to assess the administrative fee. Mr. Richter stated the Board's orders no longer refer to the $150 administrative fee, and Attorney Salzman stated Section 95.08(3) provides for this fee. ADJOURN - The meeting adjourned at 3:55 p.m.