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09/25/1991 MUNICIPAL CODE ENFORCEMENT BOARD September 25, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude (arrived 3:13 p.m.) William A. Zinzow D. Wayne Wyatt Louise C. Riley Absent: Edwin L. Choate (unexcused) 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 91-9-2 - Case No. 1 Mark Street 300 Feather Tree Dr aka Feather Tree Sub, Lot 38 No one was present to represent the violator. John Richter, Code Enforcement Manager, stated there is excessive growth and debris on this property. It was first inspected on August 21st; posted and photographed on August 27th. Ownership was verified through the Property Appraiser's Office, notice was sent by certified mail and the signed receipt was returned. He stated the property owner and the Inspector spoke this morning, and the owner understands he will have ten days to comply. Only a small portion remains in violation. 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. 1 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 300 Feather Tree Drive aka Feather Tree Sub, Lot 38, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 John Richter, Code Enforcement Manager, 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 and/or debris at the above referenced address. The Conclusions of Law are Mark Street is in violation of Section 95.04. It is the Order of this Board that Mark Street shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Street. 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 Street 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 New Friendly Village Inc 2110 Drew St aka Marymont 1st Addn Replat, E portion No one was present to represent the violator. John Richter stated there is excessive growth and debris on this property. It was first inspected on August 21st and posted on August 27th. Ownership was verified through the Property Appraiser's Office, notice was sent by certified mail, and the signed receipt was returned. The Inspector spoke to the owner, Mr. Peter Makris, on September 23rd and informed him the property needs to be cleared within ten days of the hearing. 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 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 2110 Drew Street aka the east portion of Marymont 1st Add Replat, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 John Richter, Code Enforcement Manager, 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 and/or debris at the above referenced address. The Conclusions of Law are: New Friendly Village Inc. is in violation of Section 95.04. It is the Order of this Board that New Friendly Village Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to New Friendly Village 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, New Friendly Village Inc. 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. 3 Charlotte M Powers 1631 Drew St aka Keystone Manor, Blk A, Lot 8 No one was present to represent the violator. John Richter stated there is excessive growth and debris on this property. It was first inspected on August 22nd, and posted on August 27th. Ownership was verified through the Property Appraiser's Office, notice was sent by certified mail, and was returned undeliverable. 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, Mr. Richter stated the house has been vacant quite a while. He stated the posting placard was still in place this morning. Mr. Cardinal moved that concerning Case No. 3 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City code on property located at 1631 Drew Street aka Keystone Manor, Blk A, Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 John Richter, Code Enforcement Manager, 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/or debris at the above referenced address. The Conclusions of Law are: Charlotte M. Powers is in violation of Section 95.04. It is the Order of this Board that Charlotte M. Powers shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Charlotte M. Powers. 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, Charlotte M. Powers 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 SCG Mortgage Corp 508 Gilbert St aka New Marymont Sub 1st Addn, Lot 2 No one was present to represent the violator. John Richter stated the property was first inspected on August 22nd and posted on August 27th. Ownership was verified through the Property Appraiser's Office, notice was sent by certified mail, and the signed receipt was returned. The Inspector spoke to a representative of SCG Mortgage Corporation who indicated they had difficulty accessing the property. The property recently went through foreclosure; the owners still reside there, but will soon be evicted. The property was reinspected this morning, the front was mowed but not the back yard. In response to a question, he stated this is a repeat violator. City submitted composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. In response to a question, Mr. Richter stated it is in a residential subdivision. Mr. Cardinal moved that concerning Case No. 4 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 508 Gilbert Street aka New Marymont Sub, 1st Addn, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 John Richter, Code Enforcement Manager, 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 and/or debris at the above referenced address. The Conclusions of Law are: SCG Mortgage Corp. is in violation of Section 95.04. It is the Order of this Board that SCG Mortgage Corp. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 SCG 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, SCG Mortgage 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 No. 5 Louisiana Life Insurance Co 1201-1215 Drew St aka Padgett's Est Sub, Lot 1 less S 65' & W 15' No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by regular and certified mail, and both letters came back undeliverable. This is a repeat violator. The property was first inspected on August 19th and posted on August 22nd. The Inspector 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. Cardinal moved that concerning Case No. 5 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 1201-1215 Drew Street aka Padgett's Est Sub, Lot 1 less S 65' & W 15', the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Louisiana Life Insurance Co. is in violation of Section 95.04. It is the Order of this Board that Louisiana Life Insurance Co. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Louisiana Life Insurance Co. 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, Louisiana Life Insurance Co. 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. 6 Robert L Taylor about 707 Pennsylvania Ave aka Pine Crest Sub, Blk 7, Lot 8 Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on the property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the signed receipt was returned. She submitted City composite exhibit A, a copy of the file of record including the legal notice and a photograph of the property. The property was first inspected on August 16th, and was posted on August 22nd. She reinspected the property this morning and the violation still exists. Robert Taylor stated he removed 95% of the debris, but there is still some debris including four tires on the property. Mr. Taylor stated neighbors are dumping on his property, and he doesn't know how to dispose of the tires. In response to questions, Mr. Taylor stated the Sanitation Division removed 95% of the debris. Mr. Taylor stated the storm in April is what caused the debris to get out of hand. Ms. Niemiller suggested Mr. Taylor could post no dumping signs. It was also stated the tires can be taken to Solid Waste Management. Discussion ensued regarding the dumping problem, and it was suggested it may stop if Mr. Taylor was seen clearing the property more often. Mr. Cardinal moved that concerning Case No. 6 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 707 Pennsylvania Avenue aka Pine Crest Sub, Blk 7, Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 Robert Taylor, 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 and debris in the form of old tires and other miscellaneous debris at the above referenced address. The Conclusions of Law are: Robert L. Taylor is in violation of Section 95.04. It is the Order of this Board that Robert L. Taylor shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Robert 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, Robert L. Taylor 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. 7 Ruthie Taylor/Lillie M Taylor about 1125 Tangerine St aka Palm Park Replat, Blk B, Lot 7 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the certified letter came back unclaimed. The property was first inspected on August 12th and posted on August 22nd. City submitted composite exhibit A, a copy of the legal notice and a photograph of the property. Ms. Niemiller stated she reinspected the property this morning and the violation still exists. Mr. Cardinal moved that concerning Case No. 7 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 1125 Tangerine Street aka Palm Park Replat, Blk B, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 and/or debris at the above referenced address. The Conclusions of Law are: Ruthie Taylor/Lillie M. Taylor are in violation of Section 95.04. It is the Order of this Board that Ruthie Taylor/Lillie M. Taylor shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Ruthie Taylor/Lillie M. 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, Ruthie Taylor/Lillie M. Taylor 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 Richard S Truesdale about 1404-1406 N Madison Ave aka Fairmont Sub, Blk G, Lots 6&7 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the signed certified receipt was returned. Ms. Niemiller stated this is a repeat violator. She first inspected the property on August 12th and posted it on August 22nd. She reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the legal file including the legal notice and a photograph of the property. Mr. Cardinal moved that concerning Case No. 8 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 1404-1406 N Madison Avenue aka Fairmont Sub. Blk G, Lots 6 & 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 and/or debris at the above referenced address. The Conclusions of Law are: Richard S. Truesdale is in violation of Section 95.04. It is the Order of this Board that Richard S. Truesdale shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Richard S. Truesdale. 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, Richard S. Truesdale 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 John C Gardner about 701 N Garden Ave aka Rouse's J H Sub, Blk 2, S 33' Lot 13 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris at this address. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail, and the signed certified receipt was returned. This is a repeat violator. She first inspected the property on August 23rd, and posted it on August 27th. 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 a photograph of the property. Mr. Cardinal moved that concerning Case No. 9 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 701 N. Garden Avenue aka Rouse's J H Sub, Blk 2, S 33' MOL Lot 13, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 and/or debris at the above referenced address. The Conclusions of Law are: John C. Gardner is in violation of Section 95.04. It is the Order of this Board that John C. Gardner shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 C. Gardner. 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 C. Gardner 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. 10 Norman Bie Jr about 300 Pierce Blvd aka M&B 24/02, Sec 22/29/15 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on the property. Ownership was verified through the Property Appraiser's Office, and this is a repeat violator. Notice was sent by certified and regular mail, and the signed certified receipt was returned. Ms. Niemiller stated she first inspected the property on August 19th and posted it on August 22nd. 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 a question, Ms. Niemiller stated the property is on the bayfront. She does not know what the zoning is. Mr. Cardinal moved that concerning Case No. 10 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at about 300 Pierce Blvd. aka M&B 24/02, Sec 16/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Norman Bie Jr. is in violation of Section 95.04. It is the Order of this Board that Norman Bie Jr. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Norman Bie Jr. 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, Norman Bie Jr. 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. 11 Daoul E Debs 1498 Greenwood Ave aka M&B 32/15, Sec 22/29/15 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by registered mail, and the signed receipt was returned. She first inspected the property on August 12th and posted it on August 22nd. She reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the legal notice and photographs of the property. In response to a question, Ms. Niemiller stated this is a repeat violation. Mr. Cardinal moved that concerning Case NO. 11 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 1498 Greenwood Avenue aka M&B 32/15, Sec 22/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Daoul E. Debs is in violation of Section 95.04. It is the Order of this Board that Daoul E. Debs shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Daoul E. Debs. 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, Daoul E. Debs 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. 12 Edward M Graves/Joanna I Ferrell 1355 Jeffords St aka Lakeview Est, Blk 2, Lot 3 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth on this property. Ownership was verified through the Property Appraiser's Office, notice was sent by certified and regular mail which was returned noting a new address. The notice was remailed to the new address by certified mail and the signed receipt was returned. The Inspector first inspected the property on August 12th and posted it on August 15th. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. The property was reinspected this morning and the violation still exists. In response to questions, Ms. Niemiller stated the zoning is residential and, to the best of her knowledge, it is not a repeat. Mr. Cardinal moved that concerning Case No. 12 of Public Nuisance Clearing List 91-9-2 regarding violation of Section 95.04 of the City Code on property located at 1355 Jeffords Street aka Lakeview Est, Blk 2, Lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials and/or debris at the above referenced address. The Conclusions of Law are: Edward M. Graves/Joanna I. Ferrell are in violation of Section 95.04. It is the Order of this Board that Edward M. Graves/Joanna I. Ferrell shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/5/91). 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 Edward M. Graves/Joanna I. Ferrell. 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, Edward M. Graves/Joanna I. Ferrell 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. 46-91 Nick DiDomenico DBA Ternick Inc. 64 Bay Esplanade (Building Code/Permits) Tom Chaplinsky, Construction Inspections Supervisor, stated this case involves work being done without a permit. This is a motel building, and the owner of the building obtained a permit to add on a two-story addition. The upstairs portion of the addition, which was expanding an apartment to make two bedrooms, and the downstairs portion under the upstairs bedrooms, which was an expansion for a laundry room and an office, were both inspected, approved and certificates of occupancy issued. At some later date after issuance of the certificate of occupancy, some additional work was performed in the units in that the opening on the newly created two bedrooms was closed off, and a kitchen was installed in one of the two rooms. That created another rental unit. Downstairs, the original plan was a laundry room and an office, each with a water closet and a lavatory. After the certificate of occupancy was issued, each of these units had a shower installed and a kitchenette unit. This work was done without a permit. There are other problems regarding zoning which will have to be addressed in order to get the work permitted. City submitted exhibit A - a copy of the original plan as permitted and certificate of occupancy issued, and exhibit B - a copy of a proposed plan. An application was received for work completed, which indicates the present existing conditions and for which no permit has been issued. In response to a question, Mr. Chaplinsky stated the proposed plan submitted will be rejected because it does not contain the complete plan, it only contains one of the downstairs rooms. It does contain the two rooms upstairs as they have been modified, and shows proposed additional changes. When they remove one kitchen upstairs and install a door, it will be back to a two bedroom unit as the original plan proposed. The new plan does not depict the office, but it is a mirror image of the laundry room. He stated it was submitted to the City yesterday. In response to questions, he stated it is the Cavalier Motel. He stated the application submitted is not completed, and the drawing as submitted will not be approved by zoning and, therefore, a permit can not be issued. The problem lies with the shower and kitchenette. In response to a question, Mr. Chaplinsky stated it will require removal of plumbing to bring it to code, and a permit will be required for the required work. He stated it will also require inspections, possibly opening up of some walls, for the new kitchen upstairs. Mr. Chaplinsky stated a letter of complaint, received from a neighbor, instituted the inspection. Mr. DiDomenico, President of Ternick, Inc., stated he purchased the motel and spent $200,000 to upgrade the motel. He stated Ternick, Inc. is a family business. Mr. DiDomenico questioned the assumption that a room is being used as a motel unit. He stated he is willing to correct the violation; however, he stated he has to be out of town due to business problems. He will be back the first of November at which time he would like to work with Mr. Chaplinsky to correct the situation. Discussion ensued regarding the original plan and zoning, and it was stated the original plan was permitted as proposed as an office and laundry. The added bathing facilities were not approved or permitted. In response to a question, Mr. Chaplinsky stated the permit could be acquired with removal of some of the plumbing that was added after the certificate of occupancy was issued, and without a permit. Regarding Mr. DiDomenico's concern that he will be out of town until November 1st, Mr. Chaplinsky stated this is commercial property and there is a licensed contractor who has applied for a permit. A few weeks to complete the work is acceptable. All that is involved is to remove some plumbing fixtures, open the wall upstairs to make it one unit, and to provide holes in the wall for inspections of the plumbing. Mr. DiDomenico stated a condition of approval was removal of an aluminum shed used for storage. Now they don't have any room for storage, so part of the laundry room is used. The upstairs was closed off for their teenagers. Tom Chaplinsky stated, in closing, Mr. DiDomenico does not deny the work was done without a permit. The other issues have not been cited. In response to a question regarding how much time is needed to comply, he stated three weeks would be adequate. Due do the nature of the work, Mr. DiDomenico doesn't need to be here. Mr. DiDomenico stated he would like to be here to oversee the work because he doesn't know the contractor. In response to a question regarding posting those areas of the property that are not to be occupied, Mr. DiDomenico stated he would do that only for the downstairs. In response to a question, Mr. Chaplinsky stated the upper units may have electrical work that was not inspected which could be a danger. He stated the work required could be accomplished in a short period of time. In response to a question, he stated the original notice of violation was issued in May. In closing, Mr. DiDomenico stated the last meeting he had with City personnel was in August. At that time, he could not do the work because the motel didn't have much business, and he didn't have the money. He stated he was just starting to improve on the property. At that time, the shower in the office was the problem. In response to a question, Mr. Chaplinsky stated they have an architect working with them on the plans. It was stated it is in the architect's scope of responsibility to see that the work is done properly. He stated his understanding was the upstairs was to be the owner's or manager's apartment with the office and laundry room immediately below. As it turns out, however, the owner's unit is at the furthest end of the building. Discussion ensued regarding whether an order could require completion of the work, as well as obtaining a permit. Mr. Salzman advised the Board the order could only address the violation for which Mr. DiDomenico was cited, that is, not having a permit. Mrs. Riley moved that concerning Case No. 46-91 regarding violation of Section 137.006(b) of the City Code on property located at 64 Bay Esplanade aka Mandalay Unit No 5 Replat, Blk 79, part of Lot 2 lying N of Rev Layout of Clearwater St and Lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th 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 Tom Chaplinsky, Construction Inspections Supervisor, and Mr. DiDomenico, and viewing the evidence, exhibits submitted: City Exhibit A - a copy of the original plan for renovations which was permitted, the work completed, and a certificate of occupancy issued, and Exhibit B - a copy of a proposed plan, of which the work is completed, it is evident that Mr. DiDomenico did not obtain a proper building permit for the additional construction (Exh. B) from the Building Dept. to make further additions to his motel. The Conclusions of Law are: Nick DiDomenico is in violation of Section 137.006(b). It is the Order of this Board that Nick DiDomenico shall comply with Section 137.006(b) of the Code of the City of Clearwater by October 18, 1991. If Nick DiDomenico does not comply within the time specified, the Board may order them to pay a fine of $200.00 per day for each day the violation continues to exist past the compliance due date. If Mr. DiDomenico does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. 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, Mr. DiDomenico shall notify Tom Chaplinsky, 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. Aude abstained from voting in this case due to a conflict of interest. UNFINISHED BUSINESS Affidavits of Compliance - Case 91-8-1-1 Dennis & Judy Watson 1759 Townsend St - Case 91-8-1-2 John or Jo Ann Grepares vacant lot about 1110 Sunset Pt Rd - Case 91-8-1-3 Evelyn H Leahon, Tre vacant lot about 1122 Sunset Pt Rd Affidavits of Compliance cont. - Case 91-8-1-4 Simkins Industries, Inc M&B 21-01, Sec 20-29-16; M&B 33-06, Sec 17-29-16 - Case 91-8-1-5 Mark G Naedel 2944-1/2 Sunset Pt Rd - Case 91-8-1-6 David P & Susan R Wood 1048 Jadewood Ave - Case 91-8-2-1 Premier Shelters, Inc 1457 Premier Village Way - Case 91-8-2-2 Helen L Russell 1871 McKinley St Case No. 38-91 Sunburst Fireworks Inc aka Phantom Inc 2416 Gulf to Bay Blvd Case No. 40-91 Ernest Rivers 2723 Haverhill Ct, Bldg 25A Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 91-8-1-1, 91-8-1-2, 91-8-1-3, 91-8-1-4, 91-8-1-5, 91-8-1-6, 91-8-2-1, 91-8-2-2, 38-91 and 40-91. The motion was duly seconded and carried unanimously. Unfinished Business cont. Case No. 44-91 Friedrich E & Yvonne Ulfers 761 Bruce Ave Affidavit of Non-Compliance Mr. Aude moved to accept the Affidavit of Non-Compliance in Case No. 44-91 and issue the order imposing the fine. The motion was duly seconded and carried unanimously. In response to a request for the status regarding Sunburst Fireworks, Tom Chaplinsky, Construction Inspections Supervisor, stated a sprinkler system was installed which brings them into compliance with the code. He stated he is waiting for a drawing confirming the four hour fire wall between the units; and if not received soon, they will be cited for violation of that code. In response to a question, he stated the water connection for the sprinkler is about 40 feet from the building. OTHER BOARD ACTION Case No. 7-91 Anthony Alexiou 7 Rockaway St Request to address the Board regarding the fine The Secretary to the Board reviewed the case dates and violations cited. Mr. Wyatt moved to deny the request in keeping with the Board's policy to not consider an accrued fine until compliance is obtained. The motion was duly seconded and carried unanimously. NEW BUSINESS Ms. Riley requested the status of the new ordinance regarding code enforcement. John Richter, Code Enforcement Manager, reviewed the ordinance and stated second reading is scheduled for October 3rd. He stated they are making another amendment to impose a penalty for repeat violators. Mr. Zinzow requested the status of the ticketing process. John Richter stated it is now in effect and has been used successfully as leverage to get compliance. He stated no tickets have been issued because people have come into compliance. There are some difficulties for the Code Inspectors issuing tickets. The Inspector has to issue the ticket to the violator, some of which might be out of state or just not answering their door. MINUTES - Meetings of August 14 and 28, 1991 Mr. Aude moved to approve the minutes of the meetings of August 14 and 28, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 5:15 p.m.