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10/09/1991 MUNICIPAL CODE ENFORCEMENT BOARD October 9, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude D. Wayne Wyatt Louise C. Riley Absent: William A. Zinzow (excused) Edwin L. Choate (resigned) 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 91-10-1 - Case No. 1 John/Janet Forsee 1017 Calumet Street aka Navajo Park Rev., Blk. D, Lots 41 & 42 No one was present to represent the violator. Janice King, Code Inspector, stated the property is overgrown. Ownership was verified through the Property Appraiser's computer, notice was sent by certified mail, and the signed receipt was returned. She first inspected the property August 29th, and posted and photographed it on September 4th. 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, the Inspector stated this is not a repeat violator. Mr. Wyatt moved that concerning Case No. 1 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 1017 Calumet Street aka Navajo Park Rev., Blk. D, Lots 41 & 42, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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 at the above referenced address. The Conclusions of Law are: John or Janet Forsee is in violation of Section 95.04. It is the Order of this Board that John or Janet Forsee shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 or Janet Forsee. 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 or Janet Forsee 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 Patsy Cravens 1446 Court Street aka Boulevard Heights, Blk. K, Lot 2 Janice King, Code Inspector, stated this property and the abutting right of way are 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 August 19th, and posted and photographed it on September 10th. She reinspected the property this morning and the violation still exists, except around the fire hydrant and along the sidewalk. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Ms. King stated this is not a repeat violator. George Routh, representing the violator, agreed the grass is very high. He stated the City sodded the area in July. He questioned the City's right to require a third party to mow someone else's property, as this right of way belongs to the State DOT. Mr. Routh stated that high grass is not detrimental to the community. In response to Mr. Routh's statement, the Inspector stated there is a hazard as rodents are attracted to high grass and overgrowth. She also stated the entire property is in violation, not just the right of way. Miles Lance, Assistant City Attorney, read into the record a letter he sent to Mr. Routh requesting he specify what law causes Section 95.04(b) of the City Code to be invalid. Mr. Routh stated the Constitution states involuntary servitude is prohibited. In response to a question, the Attorney for the Board stated it is up to the City to defend it's code; the Board only determines if a violation of the City code exists. Mr. Cardinal moved that concerning Case No. 2 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 1446 Court Street aka Boulevard Heights, Blk. K, Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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 George Routh, representing the violator, 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: Patsy Cravens is in violation of Section 95.04. It is the Order of this Board that Patsy Cravens shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 Patsy Cravens. 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, Patsy Cravens 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 Jessica W. Browne 1305 Ranchwood Drive aka Lot 304, Morningside Est. Unit 3B No one was present to represent the violator. Geri Doherty, Code Inspector, stated this 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 September 5th, posted and photographed it on September 18th. 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, the Inspector stated the certified mail was signed for. She stated it appears the owner's son lives there, and they are not repeat violators. Mr. Wyatt moved that concerning Case No. 3 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 1305 Ranchwood Drive aka Lot 304, Morningside Est. Unit 3B, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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: Jessica W. Browne is in violation of Section 95.04. It is the Order of this Board that Jessica W. Browne shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 Jessica W. Browne. 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, Jessica W. Browne 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. 4 Scott/Alicia Nicholas 2993 Talon Drive aka Lot 44, Eagle Estates No one was present to represent the violator. Geri Doherty, Code Inspector, stated this is an overgrown vacant lot. 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 September 13th, and posted and photographed it on September 16th. She reinspected the property this morning, and the violation still exists. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. The Inspector stated she spoke to the owner yesterday, and he is aware he has ten days to comply. In response to questions, Ms. Doherty stated the owner said he would comply. Mr. Wyatt moved that concerning Case No. 4 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 2993 Talon Drive aka Lot 44, Eagle Estates, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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: Scott and Alicia Nicholas are in violation of Section 95.04. It is the Order of this Board that Scott and Alicia Nicholas shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 Scott and Alicia Nicholas. 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, Scott and Alicia Nicholas 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 Janet E.H. Cave 2460 Nash Street aka Lot 7, Blk. D, Gulf to Bay Acres Sub. No one was present to represent the violator. Geri Doherty, Code Inspector, stated this lot is overgrown. Ownership was verified through the Property Appraiser's office, notice was sent by certified mail which was returned unclaimed. She first inspected the property on August 19th, and posted and photographed it on September 16th. City submitted composite exhibit A, a copy of the legal notice and photographs of the property. In response to a question, the Inspector stated no one lives there. Ms. Doherty stated this is a repeat violator. She originally scheduled the case for another meeting; however, the owner called and said the bank owns the property. She pulled the case in order to verify ownership and found Ms. Cave is still the owner of record. In response to questions, the Inspector stated the owner is aware of the violation; she accepted the first notice which led to the phone call. The property was also posted. Mr. Wyatt moved that concerning Case No. 5 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 2460 Nash Street aka Lot 7, Blk. D, Gulf to Bay Acres Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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: Janet E. H. Cave is in violation of Section 95.04. It is the Order of this Board that Janet E. H. Cave shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Janet E. H. Cave. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County, Florida as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Janet E. H. Cave shall notify Geri Doherty, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion s duly seconded and carried unanimously. - Case No. 6 Marilyn L. Gorgen 2881 Edenwood Street aka Lot 11, Blk. 10, Woodvalley Unit #4 No one was present to represent the violator. Geri Doherty, Code Inspector, stated this 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 September 4th, and posted and photographed it on September 13th. 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, the Inspector stated no one lives there. Mr. Wyatt moved that concerning Case No. 6 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 2881 Edenwood Street aka Lot 11, Blk. 10, Woodvalley Unit #4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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: Marilyn L. Gorgen is in violation of Section 95.04. It is the Order of this Board that Marilyn L. Gorgen shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 Marilyn L. Gorgen. 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, Marilyn L. Gorgen 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 Karl-Heinz M./Christine M. Neidhofer 216 David Avenue aka Lot 12, Gulf to Bay Gardens No one was present to represent the violator. Geri Doherty, Code Inspector, stated there is excessive growth and some debris on this property. Ownership was verified through the Property Appraiser's office, notice was sent by certified mail which was returned without a forwarding address. She stated no one is living in the house. She first inspected the property September 4th, and posted and photographed it September 11th. She stated no one lives in the house. She reinspected the property this morning, and the violation still exists. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. In response to questions, the Inspector stated there is debris on the property, and the house looks abandoned. Mr. Wyatt moved that concerning Case No. 7 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 216 David Avenue aka Lot 12, Gulf to Bay Gardens, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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 and debris at the above referenced address. The Conclusions of Law are: Karl-Heinz and Christine Neidhofer are in violation of Section 95.04. It is the Order of this Board that Karl-Heinz and Christine Neidhofer shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 Karl-Heinz and Christine Neidhofer. 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, Karl-Heinz and Christine Neidhofer 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. 8 Walter L. Dunn 1108 Grantwood Avenue aka Lot 25, Blk. 9, Woodvalley Unit #3 No one was present to represent the violator. Geri Doherty, Code Inspector, stated there is excessive growth and some debris on this property. She verified ownership through the Property Appraiser's office, sent notice by certified mail which was returned with no forwarding address. She first inspected the property August 19th, and posted and photographed it on September 9th. 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, the Inspector stated this is not a repeat violator, and the property is unoccupied. Mr. Wyatt moved that concerning Case No. 8 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 1108 Grantwood Avenue aka Lot 25, Blk. 9, Woodvalley Unit #3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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 and debris at the above referenced address. The Conclusions of Law are: Walter L. Dunn is in violation of Section 95.04. It is the Order of this Board that Walter L. Dunn shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 Walter L. Dunn. 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, Walter L. Dunn 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. 9 George W./W. Sue Ely about 428 Jasmine Way aka Harbor Oaks, Lot 35 & part of Lot 37 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated this is an overgrown vacant lot. Ownership was verified through the Property Appraiser's office, notice was sent by certified and regular mail, and the signed certified receipt was returned. She first inspected the property on September 4th, and posted and photographed it on September 12th. 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, the Inspector stated it is a vacant lot and this is not a repeat violator. Mr. Wyatt moved that concerning Case No. 9 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at about 428 Jasmine Way aka Harbor Oaks, Lot 35, pt. Lot 37, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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: George W. and W. Sue Ely are in violation of Section 95.04. It is the Order of this Board that George W. and W. Sue Ely shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 George W. and W. Sue Ely. 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, George W. and W. Sue Ely 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 WAGI 200 Pierce Boulevard aka M&B 24/01, Sec. 16/29/15 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated this property is overgrown. Ownership was verified through the Property Appraiser's office. She contacted the state for the name of the registered agent. Notice of the violation was sent to the registered agent by certified and regular mail, and the signed receipt was returned. She reinspected the property this morning and the violation still exits, although the front and part of the rear of the property were mowed. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Ms. Niemiller stated this is a repeat violator; they don't clear the property unless it is posted. She stated it used to be WTAN radio station. In response to a question whether the building is occupied, the Inspector stated there are vehicles parked there but the building is locked. She tried to call the business but the phone is not in service. She believes the station is still airing. Mr. Wyatt moved that concerning Case No. 10 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 200 Pierce Boulevard aka M&B 24/01, Sec. 16/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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: WAGI is in violation of Section 95.04. It is the Order of this Board that WAGI shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 WAGI. 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, WAGI 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 Beverly L./Garnel Mack 1625 N. Washington Avenue aka Fairmont Sub., Blk. B, Lot 8 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 and notice was sent by certified and regular mail. The certified letter was returned unclaimed, the regular mail was not. She first inspected the property on August 27th, and posted and photographed it on September 12th. The property was reinspected this morning; it was mowed, but there was still a pile of debris in the back yard. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. The Inspector stated the house is vacant, and it appears there had been a fire in part of the building. In response to questions, the Inspector stated the debris consists of a pile of tree cuttings. Mr. Wyatt moved that concerning Case No. 11 of Public Nuisance Clearing List 91-10-1 regarding violation of Section 95.04 of the City Code on property located at 1625 N. Washington Ave. aka Fairmont Sub., Blk. B, Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 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 accumulation of debris at the above referenced address. The Conclusions of Law are: Beverly L. and Garnel Mack are in violation of Section 95.04. It is the Order of this Board that Beverly L. and Garnel Mack shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (10/19/91). 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 Beverly L. and Garnel Mack. 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, Beverly L. and Garnel Mack 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. UNFINISHED BUSINESS - Case 91-9-1 #4 Anthony Basile 2832 Gloria Court Affidavit of Compliance - Case 91-9-1 #5 R. Roy Meador, Tre. 509 Bayview Avenue Affidavit of Compliance Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 91-9-1 #4 and 91-9-1 #5. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None NEW BUSINESS The Secretary informed the Board Mr. Choate resigned due to health reasons. She stated Mr. Aude's last meeting will be October 23rd after serving two full terms. There are several reappointments and new appointments to be made at the October 17th Commission meeting. It was stated Lokey Mercedes, on U.S. 19, was displaying balloons on every car in the lot two Saturdays ago. It was suggested if this happens again, the inspector be directed to issue a citation for each vehicle on which a balloon is found. A question was raised regarding weekend violators and whether there is a number to call to report the violations. John Richter, Development Code Manager, stated Saturday inspections are done twice a month. Currently, there is no one to call when the offices are closed, but he will check the possibility of calling the Police Department. MINUTES - Meetings of September 11 and 25, 1991. Mrs. Riley moved to approve the minutes of the meetings of September 11 and 25, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 4:05 p.m.