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05/23/2001MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER May 23, 2001 Present: Lawrence Tieman Vice-Chair David Allbritton Member Sheila Cole Member Franke Huffman Member Joyce Martin Member Peter Caffentzis Member Absent: Helen Kerwin Chair Also Present: Leslie Dougall-Sides Assistant City Attorney Andy Salzman Attorney for the Board Susan Stephenson Acting Secretary for the Board Patricia O. Sullivan Board Reporter The Vice-Chair called the meeting to order at 3:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Vice-Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. ITEM #1 - Public Hearings 1A) Case 18-01 Anthony Wichlenski Enterprise Landscape & Tree c/o Patrick J. Planthaber 3013 Geiger Court (tree permit; tree spikes) – Kurleman AND 1B) Case 19-01 Anthony Wichlenski Enterprise Landscape & Tree c/o Patrick J. Planthaber 3007 Geiger Court (tree spikes) – Kurleman AND 1C) Case 20-01 Anthony Wichlenski Enterprise Landscape & Tree c/o Patrick J. Planthaber 2986 Farnham Way (tree spikes) – Kurleman Michael Misa, representative, requested Cases 18-01, 19-01, and 20-01 be continued. He said he has not had sufficient time to review the City’s allegations and discuss them with staff. Assistant City Attorney Leslie Dougall-Sides said the notices of hearing had been properly served. Staff opposed the request to continue. She said Anthony Wichlenski Enterprise Landscape & Tree has caused irreversible damage to trees. Staff has a history with this firm related to the same issue. Member Caffentzis moved to continue Cases 18-01, 19-01, and 20-01 to June 27, 2001. The motion was duly seconded. In response to a question, Ms. Dougall-Sides said the City has charged the firm with removing trees without permits and causing irreparable damage to trees by using shoe spikes. It was felt the board should respect staff’s concerns. Upon the vote being taken, Members Caffentzis, Cole, and Huffman voted “Aye”; Members Allbritton, Martin, and Vice-Chair Tieman voted “Nay.” Motion failed. Land Resource Specialist Scott Kurleman said the City has been in contact with the firm since 1996 regarding illegal tree removal. The City had not cited the firm previously. Attorney for the Board Andy Salzman said these violations are not health or safety related. Mr. Misa indicated he had contacted staff last week to review related paperwork. Member Huffman moved to continue Cases 18-01, 19-01, and 20-01 to June 27, 2001. The motion was duly seconded. Members Caffentzis, Cole, Huffman, and Vice-Chair Tieman voted “Aye”; Members Allbritton and Martin voted “Nay.” Motion carried. 1D) Case 21-01 Andrew A. Sweeney 2359 Moore Haven Drive East (building permit) – Doherty Upon the inspector’s request, Case 21-01 has been continued to June 27, 2001. 1E) Case 22-01 John S. Lynn c/o Jeralne C. Burt 1109 Tangerine Street (Housing) – Rosa Acting Secretary for the Board Susan Stephenson read the Affidavit of Violation & Request for Hearing. Service of the Notice of Hearing was served personally on May 14, 2001. When asked if she acknowledged the violations, Ms. Burt stated she did not. Development Services Director Jeff Kronschnabl said the subject properties at 1109 and 1113 Tangerine Street have a long-standing history of health and safety violations and require immediate attention. He reviewed dangerous conditions onsite. Since January 1999, the Police Department has received more than 400 calls on the properties and responded more than 71 times for illegal drug activities. As of February 4, 2001, the properties have been cited more than 50 times for code violations. The Fire Department has responded to 44 calls. Mr. Kronschnabl said high staff expenses to respond to onsite problems burden City taxpayers. The violations create health and safety concerns for nearby residents. In response to questions from Assistant City Attorney Dougall-Sides, Building Construction Inspector Rick Rosa said the 1109 Tangerine Street property features two structures. The front structure is considered commercial while the south structure has a non-conforming housing use whereby individual rooms are rented. Mr. Rosa stated on his initial December 20, 2000 inspection, he had cited 1109 Tangerine Street for 10 violations, such as exposed electrical wiring and a lack of heat. On December 26, 2000, he issued a housing report, which required the owner to obtain permits within 10 days, and mailed it certified. No permit applications were submitted. After his March 8, 2001 reinspection, he issued a Notice of Violation on March 9, 2001, which he mailed certified and served personally. As of March 26, 2001, the property remained out of compliance. Mr. Rosa said he has had no contact with the property owner since he issued an Affidavit of Violation on March 30, 2001. Before then, he said Ms. Burt had indicated she would make repairs. While the toilet has been repaired, a proper permit for the repair was not obtained. Building Construction Inspector Bill Wright identified City Exhibit 9 as photographs he had taken of the property on February 12, March 8, and March 26, 2001. A hot water heater lacks a discharge valve safety switch, a three-inch gap separates the bathtub from the wall, kitchen floor tile is missing, the bathroom vanity cabinet is crumbling, and an electrical cord plugged into the wall outside a unit runs under its door. The bathroom floor is not impervious to water. Building Official Kevin Garriott reported on April 11, 2001, the Board of Adjustment and Appeal on Building/Flood Control reviewed the Unsafe status of the property’s other structure, and approved August 9, 2001 as the deadline for the building to meet Code or the City will begin demolition procedures. Mr. Rosa recommended 10 days for the owner to pull necessary permits and until August 9, 2001 to complete repairs or a $250 per day fine be imposed. Ms. Dougall-Sides submitted City Exhibits 1 - 9 and displayed photographs of the site. It was questioned if the recommended time limit is sufficient for the property owner. Mr. Garriott said the City’s original citation was issued several months ago. He said the property owner was aware of the violations at the time of the City’s December and January inspections. He said the owner has been advised that State law requires a contractor be hired to resolve the violations. The owner is in discussions to sell this and other properties. Code violations will remain with the properties. Ms. Dougall-Sides said as the structure is tenant occupied, health and safety issues are of concern. Inspectors Wright and Wilson explained the photographs related to Cases 22-01 and 23-01 which involve the property at 1109 Tangerine. Property owner Jeralne Burt said for six years, she has tried to run the property as a homeless shelter. The Police Department recently caused $3,600 damage when issuing a search warrant. She said Police Officers often kick in doors, which are difficult to replace and as soon as an item is repaired, it is broken again. She said she has repaired every problem. She will not plant grass as it will not grow. She said she had removed heaters as she could not afford their operation when tenants left windows open. The problems related to the vacant lot next door at 1111 Tangerine Street have nothing to do with 1109 Tangerine Street. The water bills are high due to homeless people using her bathrooms. She said she has replaced tiles at least twice a year. She has invested money to fix up 1109 Tangerine Street, which she has owned for 22 years. She said the Fire Department had recommended the small water heater, which was installed by an electrician. In response to a question, Ms. Burt said her son and brother live at the subject property. She has accepted an offer from Clearwater Neighborhood Housing Services to sell the property and submitted a copy of the related letter. She works constantly on repairing the property and has spent a great deal of money on her efforts. She said she has never made money but has helped many people. It was noted landlords are responsible for picking good tenants and maintaining their properties in a clean, habitable condition. The block building is sound. A nearby bar is the source of many police calls and neighborhood problems In response to a question, Ms. Burt said most of the photographs were not taken today and do not represent current conditions. Mr. Kronschnabl said the property has a 21-year history of violations. The owner is responsible for maintaining a driveway and parking lot, screening rooms, and obeying all regulations. Ms. Burt said most of the damage has been caused by the Police Department and people off the street. It was stated landlords are responsible for damage caused by visitors. Ms. Burt said she uses bunk bed frames as gates to discourage trespassers. In response to a question, Mr. Wilson said he had taken the presented photographs today and in February. It was stated conditions illustrated by the photographs are troubling. In response to a question, Ms. Burt said she already has discussed repairs with a contractor. She said she is applying for grants to care for the homeless but must first obtain non-profit status. In response to a question, Mr. Salzman said a lien would be attached to the property once the City files the lien. Member Allbritton moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 23, 2001, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Development Services Director Jeff Kronschnabl, Code Inspector Rick Rosa and Jeralne Burt, the Respondent, and viewing the evidence, City Exhibits 1-9 (Ex. 1 – Housing Inspector’s Report dated 12/26/00; Ex. 2 – notice of violation; Ex. 3 – affidavit of service; Ex. 4 – applicable code sections; Ex. 5 – conditions associated with case; Ex. 6 – affidavit of violation and request for hearing; Ex. 7 - notice of hearing; Ex. 8 - affidavit of service for notice of hearing; and Ex. 9 - composite photographs dated 2/12/01, 3/8/01, and 3/26/01) and Respondent's Exhibit (Ex. 1 - letter from CNHS dated 5/21/01), it is evident the property is in violation of Chapter 47 and 49 of the Code of Ordinances and Section 3-1502.A of the Community Development Code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Chapter 47 and 49 of the Code of Ordinances and Section 3-1502.A of the Community Development Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s), specifically, failure to comply with conditions set forth in housing report dated December 26, 2000. ORDER It is the Order of the Board that the Respondent is to obtain the necessary permits by June 2, 2001 and complete all work by August 9, 2001. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the necessary permits are not obtained by June 2, 2001, Respondent will be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day until such permit is obtained. In the event, work is not completed by August 9, 2001, the fine will increase to two hundred fifty and no/100 dollars ($250.00) per day for each day the violation(s) continues beyond August 9, 2001. If Respondent 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 Respondent pursuant to Chapter 162 of the Florida Statutes. 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. 1F) Case 23-01 John S. Lynn c/o Jeralne C. Burt 1109 Tangerine Street (landscape / dumping / outdoor storage) – Wilson Acting Secretary for the Board Ms. Stephenson read the Affidavit of Violation & Request for Hearing. Service of the Notice of Hearing was personally served on May 14, 2001. In response to questions from Assistant City Attorney Dougall-Sides, Code Enforcement Inspector Charles Wilson said the property had come to his attention during his routine daily activities. On his initial inspection on February 15, 2001, he noticed the property lacked landscaping and was used to store a bathtub, barbecue grill, workout bench, pipes, wood, trash, bottles, and debris. He issued a Notice of Violation on February 16, 2001, which he mailed certified, posted on the property, and hand delivered. Upon his reinspection on March 17, 2001, he observed the bathtub, referred to as a planter, had been relocated on the property. Other than the workout bench having been moved to another property, the site remained unchanged. He said Ms. Burt had indicated the problem would be addressed. Mr. Wilson visited the property today, and stated the violations remain. The yard has no ground cover and items are stored illegally in the yard. He identified City Exhibit 8 as photographs he had taken of the property on February 15, March 17, and May 23, 2001. He said the photographs illustrate the lack of ground cover and landscaping, no parking, outdoor storage of items to include many pieces of indoor furniture, some broken, bed frames precariously used as fences, a dead cat, iron pieces, stacked wood, stereo pieces, and a bathtub, with some grass under many empty bottles. Also illustrated were wires hanging from an uncovered light fixture, a hot water heater inadequately sized for dish washing, a boarded window panel in an exterior door, a panel box with open sockets where a breaker switch had been removed, and trash and debris below the electrical panel and on the building’s west side. Mr. Wilson said children play in the area. Ms. Dougall-Sides recommended a two-tier fine. She recommended the debris be removed and proper permits for fencing be obtained within 10 days, or a $150 per day fine be imposed, and that the property comply with Code landscaping requirements by August 9, 2001, or a $250 per day fine be imposed. Mr. Kronschnabl said videos of past violation at the property are available for viewing. Ms. Dougall-Sides submitted City Exhibits 1 - 8 and displayed photographs of the site. Property owner Jeralne Burt’s comments and related discussions are reported under Case 22-01, on page 4. Member Allbritton moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 23, 2001, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspectors Eric Wilson, William Wright and Rick Rosa, Building Official Kevin Garriott, and Jeralne Burt, the Respondent, and viewing the evidence, City Exhibits 1-8 (Ex. 1 – notice of violation; Ex. 2 – affidavit of posting; Ex. 3 – applicable Code sections; Ex. 4 – printout of Property Appraiser Real Estate Owner file; Ex. 5 - affidavit of violation and request for hearing; Ex. 6 - notice of hearing; Ex. 7 - affidavit of service; and Ex. 8 - composite photographs) and Respondent's Exhibt (Ex. 1 - letter from CNHS dated 5/21/01), it is evident the property is in violation of Section(s) 3-1502.H.1, .2, .3, .4 & .5 and 3-1502.G of the Code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section(s) 3-1502.H.1, .2, .3, .4 & .5 and 3-1502.G of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violations regarding outdoor storage, landscaping requirements and clearing property of garbage, trash, etc. ORDER It is the Order of the Board that the Respondent is to comply by June 2, 2001. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the violations are found, in subsequent proceedings by this Board, not to have been corrected by June 2, 2001, the Respondent may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day for each day the violations continue beyond June 2, 2001. If Respondent 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 Respondent pursuant to Chapter 162 of the Florida Statutes. 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. 1G) Case 24-01 Jeralne C. Burt and Errol J. Kidd 1113 Tangerine Street (Housing) – Rosa Acting Secretary for the Board Ms. Stephenson read the Affidavit of Violation & Request for Hearing. Service of the Notice of Hearing was personally served on May 14, 2001. Notice of Hearing also was obtained by certified mail. In response to a question, property owner Jeralne C. Burt said Errol J. Kidd is her husband. In response to questions from Ms. Dougall-Sides, Mr. Rosa said he first inspected the triplex at 1113 Tangerine Street on January 16, 2001, noting the structure’s rooms are rented individually. He cited the structure that day for 20 sections of multiple Code violations, including seven major violations such as a lack of heat and smoke detectors, problems related to the property’s electrical wiring, exterior sewage line, soft spots on the second story floor, and deteriorated struts. He issued a Notification of Violation on May 2, 2001. The return receipt was received. He reinspected the property on May 11, 2001, and issued an Affidavit of Violation and Request for Hearing on May 12, 2001. He contacted the owners, who indicated some repairs had been made. He said contractors had not supervised the repairs as required. He said none of the necessary permits has been pulled. Mr. Rosa visited the property today, and stated violations remain, in spite of owner attempts to make repairs. Mr. Wright identified City Exhibit 10 as photographs he had taken of the property. He said the photographs illustrate bathroom pipes protruding from walls without fixtures or shut off valves, growth of mold and mildew in the tub, and duct tape covering a light switch by an exterior door, a life safety hazard. Mr. Rosa recommended 10 days for the owner to pull necessary permits and until August 9, 2001 to complete repairs or a $250 per day fine be imposed. Ms. Dougall-Sides submitted City Exhibits 1 - 10 and displayed photographs of the site. In response to a question, Mr. Rosa said each door in the structure has a hasp lock on the outside. Four rooms are upstairs; five are downstairs. Ms. Burt said the fence had been installed professionally but it has needed many repairs. She did not think she should need a contractor to fix the hot water heater. All outside faucets were removed because people were washing cars. The sewer pipe does not leak and does not need to be replaced. She said the smoke alarms work but the tenants turn them off when cooking. In response to a question, she said she is not always paid the rent she charges tenants and is owed hundreds of dollars. Concern was expressed regarding the condition of the property and It was felt the problems need to be resolved in the shortest time possible. Discussion ensued regarding recommended fines. In response to a question, Ms. Dougall-Sides said it may take time to comply with the Code requirement for complete ground cover. Member Caffentzis moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 23, 2001, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspectors Rick Rosa, Eric Wilson, and William Wright and Jeralne Burt, the Respondent, and viewing the evidence, City Exhibits 1-10 (Ex. 1 – Housing Inspector’s Report dated 2/16/01; Ex. 2 – notice of violation; Ex. 3 – affidavit of posting; Ex. 4 – applicable code sections; Ex. 5 – printout of Property Appraiser Real Estate Owner file; Ex. 6 – information summary; Ex. 7 – affidavit of violation and request for hearing; Ex. 8 - notice of hearing; Ex. 9 – affidavit of service; and Ex. 10 - composite photographs dated 3/26/01), it is evident the property is in violation of Section 47, Standard Housing Code, as adopted by Section 49.01 and Section 3-1502.A of the Code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 47, Standard Housing Code, as adopted by Section 49.01 and Section 3-1502.A of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s), specifically, failure to comply with conditions set forth in housing report dated February 16, 2001. ORDER It is the Order of the Board that the Respondent is to obtain the necessary permits by June 2, 2001 and complete all work by August 9, 2001. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the necessary permits are not obtained by June 2, 2001, Respondent will be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day until such permit is obtained. In the event, all work is not completed by August 9, 2001, the fine will increase to two hundred fifty and no/100 dollars ($250.00) per day for each day the violation(s) continues beyond August 9, 2001. If Respondent 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 Respondent pursuant to Chapter 162 of the Florida Statutes. 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. 1H) Case 25-01 Jeralne C. Burt and Errol J. Kidd 1113 Tangerine Street (grass or ground cover / fences & walls / outdoor storage) – Wilson Acting Secretary for the Board Ms. Stephenson read the Affidavit of Violation & Request for Hearing. Service of the Notice of Hearing was personally served on May 14, 2001. In response to questions from Ms. Dougall-Sides, Mr. Wilson said the property had come to his attention by anonymous complaint. He initially inspected the property on February 15, 2001. He said most of the property has no ground cover but features the outdoor storage of poles, mop heads, buckets, workout equipment, bicycle parts, an indoor couch, two dead birds, and an improperly installed fence with large holes and a jagged top. He issued a Notice of Violation on May 2, 2001, and reinspected the property on May 12, 2001. This morning, Mr. Wilson witnessed additional violations, including rolls of fencing, trash, holes in windows, as well as some of the previous debris and hazards related to the fence. He recommended the debris and hazards be removed and proper permits for fencing be obtained within 10 days, or a $150 per day fine be imposed, and that the property comply with Code landscaping requirements by August 9, 2001, or a $250 per day fine be imposed. Ms. Dougall-Sides submitted City Exhibits 1 - 9 and displayed photographs of the site. Mr. Wilson identified photographs he had taken of the subject property. He said the photographs illustrate the lack of grass, a smashed vent pipe which could cause a fire, a leaking sewer pipe, a toaster on top of the hot water tank which has protruding wires, and safety rails on the upstairs unit balcony wired together. Separations between balusters are as wide as 12 inches, a safety hazard, and some balusters are broken or missing. Due to past leaks, the area under the sink is deteriorated, smoke detectors do not work, and the open panel boxes on the second floor need repair. The plaster walls next to the bathtub are not impervious to water. Paint over tar on sewer pipe did not repair the leak. Mr. Wilson said plumbing problems have caused backups into sinks. Missing screens are needed to keep vermin out of the attic. The fence is improperly constructed. Other photographs illustrated onsite debris and a bad smelling mass next to the building. All of the units are inhabited. Property owner Jeralne Burt’s comments and related discussions are reported under Case 24-01, on page 9. Member Caffentzis moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 23, 2001, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspectors Rick Rosa, Eric Wilson, and William Wright and Jeralne Burt, the Respondent, and viewing the evidence, City Exhibits 1-9 (Ex. 1 – notice of violation; Ex. 2 – affidavit of posting; Ex. 3 – applicable code sections; Ex. 4 – information summary; Ex. 5 – printout of Property Appraiser Real Estate Owner file; Ex. 6 – affidavit of violation and request for hearing; Ex. 7 – notice of hearing; Ex. 8 - affidavit of posting; and Ex. 9 - composite photographs dated 2/15/01 and 3/17/01), it is evident the property is in violation of Section(s) 3-1502.H.2, 3-808, & 3-1502.G of the Code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section(s) 3-1502.H.2, 3-808, & 3-1502.G of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s) regarding property maintenance standards. ORDER It is the Order of the Board that the Respondent is to obtain the necessary permits and clear the property by June 2, 2001, and to address the remaining violations by August 9, 2001. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the necessary permits are not obtained by June 2, 2001, Respondent will be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day until such permit is obtained. In the event, the remaining violations are not corrected on or before August 9, 2001, the fine will increase to two hundred fifty and no/100 dollars ($250.00) per day for each day the violations continue beyond August 9, 2001. If Respondent 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 Respondent pursuant to Chapter 162 of the Florida Statutes. 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. ITEM #2 – Unfinished Business 2A) Case 35-98 - Affidavit of Compliance Michael L. Holman 702 Phoenix Avenue (building) – Coccia AND 2B) Case 03-01 - Affidavit of Compliance William J. & Mary J. Kuhn 1923 Flora Road (Housing Code) – Wright AND 2C) Case 10-01 - Affidavit of Compliance Vernon Pierce, TRE c/o Ronald J. Oppliger 1269 S. Highland Avenue (vehicle / storage) – Doherty AND 2D) Case 08-01 - Affidavit of Compliance Herbert J. Furey & Joan G. Graf 18675 US19N, Lot 337 (Building Code) – Coccia Member Caffentzis moved to accept the Affidavits of Compliance for Cases 35-98, 03-01, 10-01, and 08-01. The motion was duly seconded and carried unanimously. Item # 3 – Other Board Action/Discussion – None. Item # 4 – New Business - None. Item #5 – Nuisance Abatement Lien Filings – None. Item #6 – Approval of Minutes Member Martin moved to approve the minutes of the regular meeting of April 25, 2001, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Item #7 – Adjournment The meeting adjourned at 5:15 p.m.