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10/23/1991 MUNICIPAL CODE ENFORCEMENT BOARD October 23, 1991 Members present: William Murray, Chairman Robert Aude William A. Zinzow Louise C. Riley Absent: Bruce Cardinal, Vice-Chairman (excused) D. Wayne Wyatt (excused) 7th seat vacant 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 91-10-2 - Case No. 1 Lisa J. Lessmeier 2047 Sunset Grove Lane 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 certified and regular mail, the certified receipt was returned unsigned and the regular mail was not returned. She first inspected the property on September 20th, and posted and photographed it on September 24th. She reinspected the property this morning and it is still overgrown. City submitted composite exhibit A, a copy of the file of record including photographs and the legal notice. In response to a question, Ms. King stated the property is unoccupied. Mr. Aude moved that concerning Case No. 1 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 2057 Sunset Grove Lane aka Villas of Sunset Grove, lot 37, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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: Lisa J. Lessmeier is in violation of Section 95.04. It is the Order of this Board that Lisa J. Lessmeier shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Lisa J. Lessmeier. 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, Lisa J. Lessmeier 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 Bryant S. McBee 1109 Marine St No one was present to represent the violator. Janice King, Code Inspector, stated ownership of this property 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 20th, and posted and photographed it on September 23rd. She reinspected the property this morning and it is still overgrown. City submitted composite exhibit A, a copy of the file of record including photographs and the legal notice. Mr. Aude moved that concerning Case No. 2 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1109 Marine Street aka Bay Terrace and Bay Terrace Addn., block B, lot 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 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: Bryant S. McBee is in violation of Section 95.04. It is the Order of this Board that Bryant S. McBee shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Bryant S. McBee. 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, Bryant S. McBee 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 Kenneth or Diane Quinlan 1166 Brook Road No one was present to represent the violator. Janice King, Code Inspector, stated the property was first inspected on September 19th, and posted and photographed on September 24th. Ownership was verified through the Property Appraiser's office 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 photographs and the legal notice. In response to a question, Ms. King stated the property is unoccupied. The property was reinspected this morning and it is still overgrown. Mr. Aude moved that concerning Case No. 3 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 166 Brook Road aka Sunset Point, 1st Add., block F, lot 38, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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: Kenneth or Diane Quinlan are in violation of Section 95.04. It is the Order of this Board that Kenneth or Diane Quinlan shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Kenneth or Diane Quinlan. 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, Kenneth or Diane Quinlan 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 Richard A. Berard 1316 Overlea Street No one was present to represent the violator. Janice King, Code Inspector, stated she first inspected the property September 19th, and posted and photographed it September 24th. Ownership was verified through the Property Appraiser's office, notice was sent by certified mail, and the signed receipt was returned. She reinspected the property this morning and it is still overgrown. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Mr. Aude moved that concerning Case No. 4 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1316 Overlea Street aka Pine Ridge Sub., block D, lot 14, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 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: Richard A. Berard is in violation of Section 95.04. It is the Order of this Board that Richard A. Berard shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 A. Berard. 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 A. Berard 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 Roland, Jr. and Mary Hansen 1531 Chateau Wood Dr Geri Doherty, Code Inspector, stated she first inspected the property September 4th, and posted and photographed it September 18th. This is an overgrown vacant lot and it is not a repeat violator. Ownership was verified through the Property Appraiser's office, notice was sent by certified and regular mail, and the signed receipt was returned. Ms. Doherty stated the property was reinspected this morning and the violation still exits. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Mary Hansen agreed the condition exists. She stated a building permit has been applied for and, once issued, the property will be bulldozed. Construction was originally planned for August but got delayed. Ms. Hansen requested two weeks to comply. She stated the association never informed her there was a problem. Mr. Aude moved that concerning Case No. 5 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1531 Chateau Wood Dr aka lot 3, Chateau Wood, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 Mary Hansen, 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: Roland, Jr. and Mary Hansen are in violation of Section 95.04. It is the Order of this Board that Roland, Jr. and Mary Hansen shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Roland, Jr. and Mary Hansen. 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, Roland, Jr. and Mary Hansen shall notify Geri Doherty, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. - Case No. 6 Resolution Trust Corporation 3354 Masters Drive No one was present to represent the violator. Geri Doherty, Code Inspector, stated she first inspected this property September 13th, and posted and photographed it September 18th. Ownership was verified through the Property Appraiser's office, notice was sent by certified and regular mail, and the certified receipt was returned but unsigned. She reinspected the property this morning and it is still overgrown. Ms. Doherty stated someone is cleaning up the property, and the house is vacant. Mr. Aude moved that concerning Case No. 6 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 3354 Masters Drive aka lot 14, Countryside Tract 57, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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: Resolution Trust Corporation is in violation of Section 95.04. It is the Order of this Board that Resolution Trust Corporation shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Corporation. 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 Corporation 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 Judith C. Ridenour 1210 N Ft Harrison Ave aka Enghurst 2nd Addn, Lots 62 & 63 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is excessive growth and debris, in the form of camper tops, on this property. Ownership was verified through the Property Appraiser's office; notice was sent by certified and regular mail, the certified receipt was not returned, nor was the regular mail. The Inspector first inspected the property September 26th, and posted and photographed it September 30th. 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. In response to questions, Ms. Niemiller stated there is a strip store complex on the property. This is a repeat; they did respond to the notification of the previous violation. Mr. Aude moved that concerning Case No. 7 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1210 N. Ft. Harrison Avenue aka Enghurst 2nd Addn., lots 62 & 63, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 and debris at the above referenced address. The Conclusions of Law are: Judith C. Ridenour is in violation of Section 95.04. It is the Order of this Board that Judith C. Ridenour shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Judith C. Ridenour. 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, Judith C. Ridenour 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 William P. Henvey 1560 S. Prescott Avenue aka Sall's 1st Addn, Blk. I, Lot 13 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 by certified and regular mail, and the signed certified receipt was returned. She first inspected the property on August 23rd, posted and photographed it on September 30th. There is debris in the form of indoor furniture on the property. The Inspector stated she has had contact with the owner. She reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record including the legal notice and photographs of the property. Mr. Aude moved that concerning Case No. 8 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1560 S. Prescott Avenue aka Sall's 1st Addn., block I, lot 13, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 accumulation of debris at the above referenced address. The Conclusions of Law are: William P. Henvey is in violation of Section 95.04. It is the Order of this Board that William P. Henvey shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 William P. Henvey. 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, William P. Henvey 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 William L./Vicki D. Wells 1260 S. Hillcrest Avenue aka Ardmore Place Replat, Lot 72 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated she first inspected the property September 23rd, posted and photographed it October 1st, and it is overgrown. She verified ownership through the Property Appraiser's office; notice was sent by certified and regular mail, and both came back marked that the party had moved and left no forwarding address. This is a repeat violator. 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. Mr. Aude moved that concerning Case No. 9 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1260 S. Hillcrest Avenue aka Ardmore Place Replat, lot 72, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 and/or debris at the above referenced address. The Conclusions of Law are: William L. and Vicki D. Wells are in violation of Section 95.04. It is the Order of this Board that William L. and Vicki D. Wells shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 William L. and Vicki D. Wells. 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, William L. and Vicki D. Wells 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 Stout Investments Inc. 1505 S. Ft. Harrison Ave. aka M&B 44/07, Sec. 21/29/15 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated is a repeat violator. There is excessive growth and debris on the property. She first inspected the property September 17th, and posted and photographed it September 30th. Ownership was verified through the Property Appraiser's office, notice was sent by certified and regular mail, and the signed receipt was returned. 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 this is vacant land. Mr. Aude moved that concerning Case No. 10 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1505 S. Ft. Harrison Avenue aka M&B 44/07, Sec. 21/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 and debris at the above referenced address. The Conclusions of Law are: Stout Investments, Inc. is in violation of Section 95.04. It is the Order of this Board that Stout Investments, Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Stout Investments, 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, Stout Investments, Inc. 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 Ruby L. Clayton about 1454 S. Greenwood Ave. aka M&B 32/13, Sec. 22/29/15 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 neither the letters nor the certified receipt have been returned. The Inspector first inspected the property September 24th, and posted and photographed it September 27th. She inspected 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. Aude moved that concerning Case No. 11 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at about 1454 S. Greenwood Avenue aka M&B 32/13, Sec. 22/29/15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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: Ruby L. Clayton is in violation of Section 95.04. It is the Order of this Board that Ruby L. Clayton shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Ruby L. Clayton. 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, Ruby L. Clayton 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 Ella Rhodes 1211 Roosevelt Ave. aka Palm Park, Blk. C, Lot 1 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 receipt was returned. She first inspected the property September 24th, posted and photographed it September 27th. 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. Aude moved that concerning Case No. 12 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1211 Roosevelt Avenue aka Palm Park, block C, lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 and/or debris at the above referenced address. The Conclusions of Law are: Ella Rhodes is in violation of Section 95.04. It is the Order of this Board that Ella Rhodes shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Ella Rhodes. 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, Ella Rhodes 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. 13 Marie Wigfall Est. 1406 Pennsylvania Ave. aka Lincoln Place, Blk. 3, Lot 4 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 by certified and regular mail, and was returned marked 'attempted not known.' She first inspected the property September 23rd, posted and photographed it September 30th. 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. The Inspector stated this is a vacant residence. Mr. Aude moved that concerning Case No. 13 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1406 Pennsylvania Avenue aka Lincoln Place, block 3, lot 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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: Marie Wigfall Est. is in violation of Section 95.04. It is the Order of this Board that Marie Wigfall Est. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Marie Wigfall 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, Marie Wigfall 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 No. 14 Karin Rohret/Thomas Dempsey 1000 Engman St. aka C.E. Jackson's Sub., Blk. 3, Lots 1&2 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated there is overgrowth 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 was returned unclaimed. She first inspected the property September 17th, posted and photographed it September 27th. 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. Mr. Aude moved that concerning Case No. 14 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1000 Engman Street aka C.E. Jackson's Sub., block 3, lots 1 & 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 and debris at the above referenced address. The Conclusions of Law are: Karin Rohret and Thomas Dempsey are in violation of Section 95.04. It is the Order of this Board that Karin Rohret and Thomas Dempsey shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Karin Rohret and Thomas Dempsey. 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, Karin Rohret and Thomas Dempsey 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. 15 Kenneth R. Boaz 1529 Madison Ave. S. aka Carolina Terrace, Blk. B, S 47' Lot 19 No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated this property is overgrown. She verified ownership through the Property Appraiser's office; notice was sent by regular and certified mail, and the signed receipt was returned. The property was first inspected September 26th, and posted and photographed September 30th. Ms. Niemiller 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. Aude moved that concerning Case No. 15 of Public Nuisance Clearing List 91-10-2 regarding violation of Section 95.04 of the City Code on property located at 1529 Madison Avenue South aka Carolina Terrace, block B, S 47' lot 19, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 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: Kenneth R. Boaz is in violation of Section 95.04. It is the Order of this Board that Kenneth R. Boaz shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/2/91). 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 Kenneth R. Boaz. 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, Kenneth R. Boaz 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. 47-91 Mark A. Arner 1902 Drew Street (Land Development Code) Janice King, Code Inspector, stated there were illegal wind devices, in the form of streamers, being displayed at 1902 Drew Street. Property ownership was verified through the Property Appraiser's office; notice was sent by certified mail, and the signed receipt was returned. She also had verbal communication with the owner. Ms. King stated she also notified the business owner of the violation. She initially noticed the violation on Friday, August 30th; the streamers were then removed. On Saturday and Sunday they were up again, only they had been cut in pieces and tied to antennas. Mark Arner, property owner, stated the Inspector's testimony is correct. He has tried to get the lessee to comply with the code. The tenant has been a continual nuisance since a conditional use was granted. He stated the tenant also removed a tree from the property without a permit. He is trying to get a judgment against the tenant, he needs to build a strong case against him. Mr. Zinzow moved that concerning Case No. 47-91 regarding violation of Section 134.009(5) on property located at 1902 Drew Street aka Marymont Sub., block 24, lot 24 & 1/2 vacated street on the west, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 Mark Arner, and the evidence that Mr. Arner admitted the violation existed, it is evident that illegal wind devices in the form of streamers were displayed at 1902 Drew Street, that this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Mark A. Arner was in violation of Section 134.009(5) of the City code. It is the Order of this Board that Mark Arner shall comply with Section 134.009(5) of the Code of the City of Clearwater. If Mark Arner repeats the violation, the Board may order him to pay a fine of $50.00 per day for each day the violation exists after Mark Arner is notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Any aggrieved party may petition the Board to reconsider or rehear any Board order resulting from a Public Hearing. A Petition for Rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the order and prior to the filing of any appeal. Upon receipt of the Petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously. Case No. 48-91 National Advertising Company 22726 U.S. 19 North (Land Development Code) Pursuant to the Inspector's request, Mr. Aude moved to continue Case No. 48-91 to the meeting of November 13, 1991. The motion was duly seconded and carried unanimously. Case No. 49-91 Yvonne M. Irle 1411 N. Ft. Harrison Ave. (Life Safety Code) John Chester, Fire Inspector, stated he first inspected the property on March 13, 1991. Most of the cited violations cited have been corrected, except for the requirement of a class III standpipe for the stage. City submitted exhibit A, a newspaper article stating a dinner theater is currently operating at the referenced address. In response to questions, Mr. Chester stated a standpipe consists of a fire hose and nozzle connected to the plumbing for use by firefighters. The stage has electric for lighting and scenery. If used only as a platform, the standpipes would not be required. Mr. Chester stated after his first inspection, he researched the code and discussed it with the Fire Marshal and Mrs. Irle. Mrs. Irle was allowed 90 days to comply to give time to acquire the funds for the project. In response to questions, the Inspector stated the code cited is from the 1988 edition of the NFPA Life Safety Code; when the Pinellas County Construction Licensing Board (PCCLB) adopts the 1991 edition, the City will adopt and use it. He agreed that the 1991 edition changes the requirement of standpipes for stages under 1,000 square feet. He stated he did not measure Mrs. Irle's stage, and there is no reference to size in the current 1988 edition. Defendant submitted exhibit A, a copy of the NFPA Life Safety Code section 9-3.2.1.12, 1991 edition. In response to questions, Mrs. Irle stated she was given a bid of $5,000 each for installation of the standpipes. The banquet hall was not making any money, so in March the dinner theater was opened hoping it would bring in more business. It operates one to five times a week. The stage is a raised platform with scenery, and there is no curtain. There aren't more than four or five people on the stage at one time. In response to questions, Ed Fletcher, producer of the dinner theater, stated the stage is free standing, constructed of wood, there is no canvas, and it is similar to other stages. Defendant submitted exhibit B, a sketch, to scale, of the stage. The size of the stage is 490 square feet. Mr. Fletcher stated the scenery sections can be relocated. In closing, the Assistant City Attorney stated the only issue is that the violation does exist now. Discussion ensued regarding requiring the violator to have this standpipe installed when the code would no longer require it in a few months. Concern was expressed regarding responsibility should a disaster occur at the theater, and it was stated six months have been allowed already. Mrs. Riley moved that concerning Case No. 49-91 regarding violation of Section 9-3.2.1.12 of NFPA Life Safety Code 101, as adopted by Section 93.21 of the Clearwater City Code, on property located at 1411 No. Ft. Harrison Ave. aka Lesley's Sub., part of lot 3 and vacated alley on the south, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd 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 John Chester, Fire Inspector, Yvonne Irle, Richard Logsdon, Attorney, and Ed Fletcher, and viewing the evidence, exhibits submitted: City exhibit A and Defendant's exhibits A and B, it is evident that a standpipe, as required by the City and which should be located at one end of the stage located at 1411 N. Ft. Harrison Ave., does not exist. The Conclusions of Law are: Yvonne M. Irle is in violation of Section 9-3.2.1.12 of NFPA Life Safety Code 101 as adopted by Section 93.21 of the City code. It is the Order of this Board that Yvonne M. Irle shall comply with Section 9-3.2.1.12, Life Safety Code 101 by February 1, 1992. If Yvonne M. Irle does not comply within the time specified, the Board may order them to pay a fine of $10.00 per day for each day the violation continues to exist past the compliance due date. If Yvonne M. Irle 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, Yvonne M. Irle shall notify John Chester, 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. Case No. 50-91 Cineplex Odeon Theaters 1200 S. Missouri Ave., Unit #4 (Life Safety Code) Complied prior Mrs. Riley moved to withdraw Case No. 50-91 as compliance has been obtained. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 44-91 Friedrich & Yvonne Ulfers 761 Bruce Avenue Affidavit of Compliance Mr. Zinzow moved to accept the Affidavit of Compliance in Case No. 44-91. The motion was duly seconded and carried unanimously. Case No. 6-91 Seville Condominium #12 Inc. Request to address the Board Mr. Zinzow moved to approve the request to address the Board for the November 13, 1991 meeting subject to receipt of the Affidavit of Compliance from the Inspector. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION The Board thanked Mr. Aude for his service and wished him well, as his term is expiring and he is ineligible for another term. MINUTES - October 9, 1991 Mrs. Riley moved to approve the minutes of the meeting of October 9, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 4:50 p.m.