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01/27/1993 MUNICIPAL CODE ENFORCEMENT BOARD January 27, 1993 Members present: William Murray, Chairman D. Wayne Wyatt Stephen D. Swanberg Louise C. Riley E.J. Robinson Absent: William A. Zinzow (excused) Thomasine Fontana-Smith (unexcused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Cynthia E. Goudeau, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 3:00 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. PUBLIC HEARINGS Case No. 7-93 Carlton L. McCray 1016-1/2 N. Greenwood Avenue (Public Health and Safety Code) Mr. McCray agreed the vehicle on the property is in violation. The City offered to buy the property but he refused to sell. He believes that is why his property was inspected and cited. Mc. McCray stated he checked all over the neighborhood and there are many cars in violation. He questioned whether the other violators have been cited. Mr. McCray was informed the Inspectors respond to complaints in addition to area-wide inspections. There was a North Greenwood area-wide inspection with over 400 violations cited since mid-October, 1992. The inspections were recently completed with about 50 violations remaining in non-compliance. In response to questions, Vicki Niemiller, Code Enforcement Inspector, stated the Clearwater Police Department issued a complaint regarding this property. The property was posted December 15, 1992 with compliance due January 4, 1993. In addition to the vehicle, there is overgrowth and other debris on the property. City submitted composite exhibit A, photographs of the property. In response to questions, Mr. McCray stated the car has been there about six months, and the engine is being rebuilt. The owner, who lives in Largo, does not have a place to store it. Mr. McCray requested an additional two weeks in which to comply, stating he does not have any place to store the car. Member Riley moved that concerning Case No. 7-93 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1016-1/2 North Greenwood Avenue aka Palm Park Unbd. Block, the South 50' of the West 100' of Lot 32, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of January, 1993, 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 Enforcement Inspector, and Carlton McCray and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, it is evident there exists excessive growth or accumulation of weeds, undergrowth or other similar plant materials and debris including a car, car parts, and building materials, at the above referenced address. The Conclusions of Law are: Carlton L. McCray is in violation of Section 95.04. It is the Order of this Board that Carlton L. McCray shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (2/6/93). 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 Carlton L. McCray. 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 $200.00 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 $200.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Carlton L. McCray 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. 8-93 Peter and Patricia Nichols 606 N. Greenwood Avenue (Land Development Code) Mr. Nichols stated he owns and operates an auto repair business at 606 N. Greenwood Avenue. There are four or five cars of which two are to be removed soon and the others will be rebuilt. The car that is cut in half will also be removed. Any body shop will have wrecked cars on their premises. Inspector Niemiller submitted City composite exhibit A, photographs of the property. She stated Mr. Nichols was before the Board July 8, 1992 for outdoor storage. Compliance with the Board's order was obtained. The parts car and car frame are the main concern. Upon observing the violation, the Inspector phoned Mr. Nichols November 5, 1992 requesting removal of the vehicles to obtain compliance. Compliance was not obtained and a Notice of Repeat Violation was issued December 16 with compliance due by December 23, 1992. The violation still exists. The Board's previous order imposed a $25.00 per day fine for a repeat violation. In response to a question, Mr. Nichols agreed he appeared before the Board in July. He stated two of the cars are not his, and he has been waiting for the owner to get them. In response to a question, John Richter, Code Enforcement Manager, stated the conditions set by the Planning and Zoning Board for conditional use approval are not met. There have been many complaints regarding the appearance of the property. The intent of the conditions regarding outdoor storage would be to allow the cars being repaired but not those used for parts. In response to questions, the Inspector stated two of the cars are in violation since they can not be made operable as the others. The car frame has been there at least since November 26, 1992. Mr. Nichols stated the frame will be removed the owner within two weeks. In response to a question whether he could store it inside the shop, he stated he could. Member Wyatt moved to continue Case No. 8-93 to the meeting of February 10, 1993. The motion was duly seconded and carried unanimously. Case No. 9-93 Casual Elegance Window Treatment 843 Eldorado Avenue (Land Development Code) Request to continue to 2/10 Member Riley moved to continue Case No. 9-93 to the meeting of February 10, 1993. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 60-92 David Legault/James P. Knight 803 Railroad Avenue Affidavit of Compliance Case No. 86-92 Warson Road Development Co. 924 Pierce Street Affidavit of Compliance Member Swanberg moved to accept the Affidavit of Compliance in Case Nos. 60-92 and 86-92. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None. OTHER BUSINESS Three temporary Sign Inspectors were introduced to the Board. In response to a question regarding what information is needed for processing repeat violations, it was stated the Affidavit of Violation and Request for Hearing needs to be referenced as an Affidavit of "Repeat" Violation. Miles Lance, Assistant City Attorney, stated foreclosure proceedings have been initiated against property in St. Petersburg owned by Mr. Hughes for $38,000. Clearwater has two code enforcement liens, Case Nos. 65-92 and 66-92, against Mr. Hughes. The City is hoping to obtain $10,000 of surplus money by putting a bid on the property as it's value is more than the foreclosure amount. MINUTES - Meeting of January 13, 1993 Member Riley moved to approve the minutes of the meeting of January 13, 1993 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 3:50 p.m.