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09/24/1997MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER September 24, 1997 Present: Helen Kerwin, Vice-Chair Stephen D. Swanberg, Member David Albritton, Member Frank Huffman, Member Lawrence Tieman, Member Leslie Dougall-Sides, Assistant City Attorney Mark Connolly, Attorney for the Board Mary K. Diana, Secretary for the Board Brenda Moses, Board Reporter Absent: Louise C. Riley, Chair Dennis Henegar, Member The meeting was called to order by Vice-Chair Kerwin at 3:00 p.m. in the City of Clearwater Commission Chambers at City Hall. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The Vice-Chair 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. She noted that Florida Statue 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. 1. PUBLIC HEARINGS A. Case 47-97 (cont’d from 8/27/97) Valerie Valentine 1130 Turner Street (Building) - Scott This case was withdrawn by Inspector Scott as the property is now in compliance. B. Case 49-97 Daniel J. Mehler 305 Pennsylvania Avenue (Housing) - Hinson C. Case 50-97 Leonardo A. Pagnotta 600 Wildwood Way (Housing) - Hinson Ms. Diana noted that the City has not obtained service for the notices of hearing for Cases 49-97 and 50-97. The City Inspector handling these cases will attempt to obtain service by hand delivering the notice of hearing or by posting it on the property. These cases will be agendaed for the meeting of October 22, 1997. 2. UNFINISHED BUSINESS A. Case 28-97 - Affidavit of Compliance Lawrence & Katherine Labus 912 Eldridge St. (Housing) - Hinson Member Tieman moved to accept the Affidavit of Compliance for Case 28-97. The motion was duly seconded and carried unanimously. B. Case 42-97 - Affidavit of Non-Compliance James R. Helms 1232 S. Sedeeva Circle (Building) - Scott Member Tieman moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 42-97. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Request Authorization to Foreclose: 1. Case 04-92 - David Ganglehoff d/b/a Gulf Marine 405 N. Ft. Harrison Ave. Land Development Code (outdoor storage) - Doherty 1944 days @ $25/day = $48,600 (non-compliance) 2. Case 14-92 - John Sanders 1384 Pierce St. Land Development Code (zoning) - Doherty 1064 days @ $50/day = $53,250 (Compliance) 3. Case 80-93 - Nina Sanders 1384 Pierce St. Land Development Code (zoning) - Doherty 673 days @ $50/day = $33,650 (Compliance) 4. Case 42-94 - Ed & Belinda Young 607 N. Osceola Ave. Occupational License (Sexsmith) 1070 days @ $25/day = $26,750 (Compliance) Ms. Diana noted the above cases have been on the books for a number of years. There has been no attempt to pay any of the fines. The City is requesting the Board to authorize foreclosure. Ms. Diana noted that Case 04-92 is still in non-compliance and the fine continues to accrue. Regarding Case 42-94, a request was made previously by Belinda Young to address the Board regarding a reduction of fine. At that time, the Board denied the request. Ms. Diana noted that Case 14-92 and Case 80-93 involve the same property. John Sanders deeded the property to Nina Sanders. Since that time, Nina Sanders has complied. The business is no longer in existence. Member Swanberg moved to authorize foreclosure on Cases 04-92, 14-92, 80-93 and 42-94. The motion was duly seconded and carried unanimously. B. Rules and Regulations Ms. Diana noted the proposed changes underlined were changes to section and/or chapter numbers. She referred to page 5 under Section 4, noting a violator may petition for reconsideration of a fine within 30 days after the violation is brought into compliance. She said the Board’s policy has been to grant hearings regarding reductions of fine beyond the 30 days. Florida Statutes and the City of Clearwater Code of Ordinances provides that the fine can be reduced and does not specify a time frame. Consensus was to change the language regarding the 30-day time frame. Discussion ensued in regard to letters of notification of liens being mailed to the violator each calendar quarter until the condition is corrected and/or the lien satisfied. Ms. Diana noted when notification is sent, frequently mail is returned undeliverable. The quarterly letters of notification of liens will continue with the status of the lien list being provided to the Board. A request was made the City send notification via regular mail as well as certified mail. Referring to Article III - Hearings on page 3, Attorney Connolly recommended that Florida Statute 162.12 be referenced to utilize any and all notice procedures set forth in that Statute. Member Swanberg moved to approve the amended rules and regulations. The motion was duly seconded and carried unanimously. 4. APPROVAL OF MINUTES - August 27, 1997 Member Swanberg moved to approve the minutes as submitted in writing to each member. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting adjourned at 3:16 p.m.