08/12/1987
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12. CASE RD. 121-81 C. Harris/Deals N' Wheels 12. Withdrawn
" (Land Development Code)
13. CASE RD. 122..81 Freeman Distributors Co. 13. Withdrawn
0 (Occupational License)
Caaplied Prior
14. CASE RD. 123..87 Zedburn 111. Withdrawn
(Occupational License)
CaIIplied Prior
15. CASE RO. 124..87 Behaviorial Consulting Asso. 15. Withdrawn
(Occupational License)
Complied Prior
16. CASE RO. 125-81 Michael \01. Reid 16. Withdrawn
(Occupational License)
Complied Prior
17. CASE RD. 126..81 Michaels and Associates 11. Withdrawn
(Occupational License)
Complied Prior
18. CASE HO. 127-81 Debbie Julian/ 18. Withdrawn
D J's Body Visions
(Occupational License)
19. CASE HO. 128481 David Spencer/ 19. Comply by 8/24/87
Imperial Limousine
. (Occupational License)
20. CASE NO. 129-87 William Jones/ 20. Withdrawn
National Marketing Inc.
(Occupational License)
COIIp11ed Prior
21. CASE 110. 130-87 Seven Oaks Service Centerl 21. Comply by 8/16/87
Phillips 66
(Occupational L icen.ge)
22. CASE HO. 131-87 v. Welsh/Dial A Gift 22. Withdrawn
(Land Development)
Caapl.ie<l ~rlor
Unf'inished Business Unf1n1:shed Business
1. Lot Clearing List 87- 07-1 1. List 87-07-1
a) CASE RD. 16 Estate of Myron A. Smith a) Accepted Affidavit
Atf'idavit or COIIlpl1ance
.
2.
, . , . . . .
tdN..Wtfi<<'i!lIl~....______~W1.1t~~~tt:\~~~~':,..,.~~:(t.~~~~Ni~~U~~~'FjitJi~~lr1
b) CASE NO. 18 Ruth Mills/Arthur Miller, Jr. b) Accepted Affidavit;
Atf'idavit of Hon..Compliance Issued order
imposing sanctions
0 c) CASE NO. 20 Andrew Miller c) Accepted Affidavit;
Affidavit. of Bon-ca.pliance Issued order
imposing sanctions
2. Lot Clearing List 87-07-2 2. List. 87-07-2
a) CASE BO. 13 J. Phillip/To Pugh a) Accepted Affidavit;
Atf'idavit of lIon-Compliance Issued order
imposing sanctions
3. CASE HO. 10..81 P. Martin/Vek Way 3. Accepted Affidavit
(Occupational License)
Atf'idavlt of Compliance
4. CASK NO. 11-81 H. Freeman/Atrium Hotel 4. Accepted Affidavit;
(Life Safety) Issued order
Atf'idavit of Hon-CaIlplance imposing fine
5. CASK NO. 35..81 John Gardner 5. Accepted Affidavit
(Housing Code)
Atf'l~vit ofComplUmce
6. CASK RO. 13-81 Plitt Quad Theatre 6. Accepted Affidavit
(Life Safety Code)
Af'f'idavit of Compliance
. 7. CASE NO. 96-81 S&L Plastering & Stucco/ 1. Accepted Affidavit
(Occupational License)
Atfidavit of COIIplUmce
8. CASE RO. 105-81 Jeralne Burt 8. Accepted Affidavit
(Occupational License)
Af'f'ldavi t of Ccapliance
9. CASK RO. 162-85 Jim Sommers 9. Forgave Fine
(Building Code)
Address the Board
re: aocrued fine
10. Items A Ie B Don w. eicher III 10. Denied request
List 87- 07-1 (Abandoned Property)
Request for rehearing
.
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Mr. Cardinal moved that concerning Case No.1, Lot Clearing List 87-08-1,
re: violation of Chapter 95 of the Clearwater City Code on property having a
legal description of Pinecrest Sub., Blk. 5, Lot 5, Sec. 10-29-15, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held the 12th day of August, 1987, and based on the evidence, the
Municipal Code Enforce'llent Board enters the following Findings of' Fact,
Conclusions ot Law, and Order.
o
The Findings of Fact are: after hearing testimony of Vern Packer,
Sanitation Inspector, and Ed Lewis, representing the property owner, and viewing
the evidence, exhibits submitted: City Composite Exhibit /11, nine photographs
of the property, it is evident that there does exist excessive weed and/or plant
growth, debris and trash at the above address.
The Conclusions ot Law are: Azzie L. Wiley is in violation of Chapter 95
of the City Code.
It is the Order of this Board that Azzie L. Wiley shall comply with
Chapter 95 of the Code of the City of Clearwater within 10 days. Upon failure
to comply within the time specified, the Sanitation Division shall arrange
remedial action, and the cost of clearing plus $150 administrative charge shall
be owed by the owner and shall constitute a lien against the property until
paid. If the owner takes remedial action after the time specified, the
administrative cost of $150 shall be owed and shall constitute a lien against
the proper.ty 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. Upon
complying, Azzie L. Wiley shall notify Vern Packer, 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.
~
Done and Ordered this 12th day of August, 1987.
CASE RO. 101-81
CASE RO. 113- 81
CASE RO. 114-81
CASE RO. 116-81
CASE NO. 118-81
CASE NO. 120-81
CASE NO. 121-81
CASE NO. 122-81
CASE HO. 123-81
"
Essie Buskett (Land Development)
cont. from 1/6/61
W. E. Dohnal (Occupational License)
Wor'ld of Watches (Occupational License)
George A. Routh (Occupational License)
D I S C (Occupational License)
Phillip Cunnagin (Building Code)
C. Harris/Deals N' Wheels (Land Development)
Freeman Distributors Co. (Occupational License)
Zedburn (Occupational License)
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CASE NO. 12.11-81
0 CASE NO. 125-81
CASE NO. 126-81
CASE HO. 121- 81
CASE HO. 129-81
CASE HO. 131-87
Behaviorial Consulting Assoc. (Occupational License)
Michael W. Reid (Occupational License)
Michaels and Associates (Occupational License)
D. Julian/D J's Body Visions (Occupational License)
w. Jones/National Marketing Inc. (Occupationa~ License)
v. Welsh/Dial A Gift (Land Development)
The
120, 121,
violations
Assistant City Attorney
122, 123, 124, 125,
have been corrected.
requested Case Nos. 107,
126, 127, 129 and 131-87
113, 114, 116,
be withdrawn as
118,
the
Mr. Angelis moved to wi.thdrav the above listed cases.
seconded and carried unanimously.
Motion was duly
CASE NO. 93-81
A. Alexiou/Shrimp Boat Sally's (Building Code)
cont. tram 118/81
The Building Inspector requested this case be continued to September 9,
1987.
Mr.
9, 1987.
Cardinal moved to continue Case No. 93-87 to the meeting of September
Motion was duly seconded and carried unanimously.
o
CASE HO. 10g-81
Gregory F. Serio/Johanna Southern Amusement
(Occupational License)
Barbara Sexsmith, Occupational License Inspector, stated this business was
listed in the Pine~las Review as having obtained a Pinellas County occupational
license. She visited the property and left her card, requesting the business
owner call her. She stated somebody called the Occupational License office on
June 17, 1987 and said they would be in to obtain a Clearwater occupational
license. Ms. SeJCsmith explained this is probably a home occupation vending
machine service business.
No representative of the alleged violator was present at the hearing.
Mr. Angelis moved that concerning Case No. 109-87 re: violation of Section
11.02 of the Clearwater City Code, on property located at 1942 Hastings Dr.,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 12th day of August, 1987,
and based on the evidence, the Municipal Code Enforcement Board enters the
fOllowing Findings ot Fact, Conclusions of'Law, and Order.
The Findings or Fact are: after hearing testimony of Barbara Sexsmith,
Occupational License Inspector, and revieWing the evidence, an advertisement in
the Pinellas Review newspaper, it is evident that Gregory F. Serio/Johanna
Southern Amusement is in business at 1942 Hastings Drive.
.
3.
8/12/87
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The Conclusions ot Law are: Gregory F. Serio/Johanna Southern Amusement
is in violation of Section 71.02 of the City Code.
o
It is the Order of this Board that Gregory Serio/Johanna Southern
Amusement shall comply with Section 71.02 of the Code of the City of Clearwater
by August 24, 1981. If Gregory Serio/Johanna Southern Amusement does not
comply within the time specified, the Board may order him to pay a fine of
$10.00 per day for each day the violation continues to exist. If Gregory
Serio/Johanna Southern Amusement 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 sha1l constitute a lien
against the land on which the vio1ation exists if the vi01ator owns the land,
and a lien against any other real or personal property owned by the violator
pursuant to Chapter 162, Florida Statutes. Upon complying, Gregory Serio/
Johanna Southern Amusement shall notify Barbara Sexsmith, the City Official
who shall inspect the property and notify the Board of compliance. Should the
violation recur, 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. The motion was
duly aeconded and carr~ed unanimously.
Done and Ordered this 12th day of August, 1987.
CASE HO. 119-81
Jeralna Burt (Fire Code)
o
The Secretary to the Board stated that no proof of service on Jeralne Burt,
notifying her of the place and time of the hearing, had been received as of the
morning of the hearing.
James GOOdloe, Fire Inspector, was questioned by the Board whether or not
the violations are life threatening. Mr. Goodloe stated they could be life
threatening. He stated he has had no contact whatsoever with Jeralne Burt.
The Board requested the Fire Dept. use their emergency powers if the
situation should become life threatening.
Mr. Cardinal
September 9, 1987.
moved to continue Case No. 119-87 to the
Motion was duly seconded and carried unanimously.
meeting
CASE NO. 128-81
D. Spencer/Imperial Limousine (Occupational License)
Stu Williams, Occupational License Inspector, stated this business was
listed in the Pinellas Revie~ as having obtained a Pinellas County occupational
1icense. Mr. Williams stated he had gone to the location, 1238 Highland Ave.
South, on August 11th and found the business still has a mailbox there.
No representative of the alleged violator was present at the hearing.
Mr. Cardinal moved that concerning Case No. 128-87 re: violation of Section
11.02 of the Clearwater City Code, the Municipal Code E:nforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 12th
day of August, 1987, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings of' Fact, Conclusions ot Law, and Order.
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8/12/87
of
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The Findings of Fact are: after hearing testimony of
Occupational License Inspector, it is evident that David Spencer
business, Imperial Limousine, without a valid occupational license.
Stu Williams,
is operating a
The Conolusions of Law are: David Spencer/Imperial Limousine is in
violation of Section 71.02.
It is the Order of this Board that David Spencer/Imperial Limousine shall
comply with Section 71.02 of the Code of the City of Clearwater by August 21l,
1961. If David Spencer/Imperial Limousine does not comply within the time
specified, the Board may order him to pay a fine of $10.00 per day for each
day the violation continues to exist. If David Spencer/Imperial Limousine 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 the land on which the violation exists
if the violator owns the land, and a lien against any other real or- personal
property owned by the violator pur-suant to Chapter 162, Florida statutes. Upon
complying, David Spencer/Imperial Limousine shall notify Stu Williams, the
City Official who shall inspect the property and notify the Board of
compliance. Should the violation recur, 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 berore the
Board. The motion was duly seconded and earr~ed unanimously.
Done and Ordered this 12th day of August, 1987.
CASE YO. 130-61
Seven Oaks Service Center (Occupational ~icense)
o
Stu Williams, Occupational License Inspector, stated he had been informed by
Detecti ve Angelo that the service station, known as Seven Oaks Service
Center/Phillips 66, had reopened ror business after being remodeled. Mr. Williams
stated Barbara Sexsmith had spoken to a Mr. Santoro who said he had obtained an
application for a Clearwater occupational license and would mail it in.
Ms. Sexsmith stated she advised Mr. Santoro that the hearing date was Augus~ 12th.
Mr. Angelis moved that concer-ning Case ~o. 130-87 re: violation of Section
11.02 of the Clearwater C1 ty Code, the Municipal Code Bnforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 12th day
of August, 1987, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings ot' Fact, Conclusions ot Law, and Order.
The Findings
Barbara Sexsmith,
Detective Angelo,
ot Fact are: after hearing testimony of Stu Williams and
Occupational License Inspectors, and information received rrom
it is evident that a business exists at 706 Drew Street.
The Conclusions of Law are: Mr. Santoro/Seven Oaks 3er-vice Center is in
violation of Section 71.02.
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8/12/87
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It is the Order of this Board that Mr. Santoro/Seven Oaks Service Center
shall comply with Section 71.02 of the Code of the City of Clearwater by August
18, 1981. If Mr. Santoro/Seven Oaks Service Center does not comply wi thin the
time specified, the Board may order him to pay a fine of $25.00 pel" day for each
day the violation continues to exist. If Mr. Santoro/Seven Oaks Service Center
does not comply wi~hin 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 the land on which the violation
exists if the violator owns the land, and a lien against any other real or
personal property owned by the violator pursuant to Chapter 162, Florida Statutes
Upon complying, Mr. Santoro/Seven Oaks Service Center shall notify Stu Williams
the City Official who shall inspect the property and notify the Board of
compliance. Should the violation recur, 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. The
motion was duly seconded and carried unanimously.
Done and Ordered this 12th day of August, 1987.
UBFIHIsmm BUSIHImS
Lot Clearing List 87-07-1
CASE NO. 16
Estate of Myron A. Smith
Affidavit of Comp1iance
"
Mr. Cardinal moved to accept the Affidavit of Compliance.
duly seconded and carried unanimously.
Motion was
CASE NO. 18
Ruth Mills/Arthur Miller, Jr.
Affidavit of Non-COIIpliance
CASE NO. 20
Andrew Miller
Affidavit of Hon-Compliance
Lot Clearing List 87-07-2
CASE NO. 13
Joseph Phillip/Teretha Pugh
Atfidavit ot Non-Compliance
Mr. Cardinal moved to accept the Affidavits of Non Compliance and issue the
Orders imposing the sanctions in Lot Clearing Case Nos. 18, 20, and 13 as listed
above. Motion was duly seconded and carried unanimously.
CASE NO. 10-81
P. Martin/Vek Way (Occupational License)
Atf'idav.it ot Compliance
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 10-87.
Motion was duly seconded and carried unanimously.
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ClSE NO. 11-81
Hank Freeman/Atrium Hotel (Life Safety)
Af'f'idavit of' Non-Comp11ance
o
Mr. Cardinal moved to accept the Affidavit
Order imposing the fine in Case No. 1 '7- 87.
carried unanimously.
of Non Compliance and issue the
Motion was duly seconded and
The Chail"ll1an of' the
Inspector in this case,
certificates of occupancy
Board requested the Secretary
for a status report on the
have been issued.
call Harry Mattheus,
Atrium Hotel to see
the
if
CASE NO. 35-81
John Gardner (Housing Code)
Affidavit of Comp1iance
CASE NO. 13~81
Plitt Quad Theatre (Life Safety)
Affl~vit ofComp1Umce
CASE NO. 96-81
S & L Plastering & Stucco (Occupational License)
Affi~vit of Comp1iance
casE NO. 105-81
Jeralne Burt (Occupational License)
Af'fi~"it of Caap1iance
Mr. Cardinal moved to accept the Affidavits of Compliance in the above
list~d cases. Mot~on was duly seconded and carried unanimously.
CASB RO. 162-85
Jim Sommers (Building Code)
Request to address the Board
0'"
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Jim Som:ners addressed the Board stating this was a situation he tried to
correct but the homeowner, Mr. Chilcote, would not give him permission to
correct the fence installation. The Code has since been amended to allow for
fences to be installed with the finished side facing in under certain circum
stances. Mr. Sommers stated the fence has now been changed to conf'orm with the
Code as amended.
Discussion ensued r03garding the situation that the Board felt Mr. Sommers
had no control over.
Mr. Morris moved to f'orgive the accrued fine of $13, 125 in Case No. 162-85.
Ko~ion was duly seconded and carried unanimously.
Abandoned Property List 87-07-1
CASE HOS. A , B
Don W. Eicher III
M&B 31.11, Sec. 22-29-15
Mr. Eicher addressed the Board and requested a rehearing of' the above
referenced cases. Mr. Eicher stated he has an access problem to the property as
the City right of way has a tree in the middle of the unpaved, 12' wide road. He
stated he has been unable to move the abandoned bus.
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8/12/87
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The consensus of the Board was for Mr. Eicher to call the Inspector and
attempt to work out a solution.
o
The Assistant City Attorney suggested Mr. gicher call Public Works or Betty
Haeseker's office regarding the tree.
OTHER BOARD ActION
Lien status Report
The Lien Status Report was reviewed by the Board.
The Assistant City Attorney informed
foreclosures on Code Enforcement Board liens.
the
Board
he
would
be
handling
of the property.
research on liens
Discussion ensued regarding the problem of Liens being greater than the value
doing owner and encumbrance
initiated.
Mr.
before
Lance stated he would
foreclosure proceedings
be
are
Mr. Cardinal
Case Nos. 81-86,
unanimously.
moved
83-86
to direct foreclosure
and 77- 86. Hotion
by the
was
duly
City Attorney's office
seconcded and
on
carried
IfEW BllSIHESS
a) MCEB Rules and Regulations - discussion.
C)
The Code Enforcement
to the meeting of September
nor was the regular attorney
Attorney Robert Walker.
Board Rules
9, 1y81 as
ror Code
and Regulations
all the Board members
Enforcement Board
discussion was continued
were not present,
cases, Assistant City
b) Meeting dates: 11/11 (holiday), 11/25 and 12/23/87.
Consensus of the Board was to change the regular meeting date of November 11,
1987, which falls on a City hOliday, to November 18, 1987 at 1:00 p.m. The
November 25th and December 23rd Lot Clearing meetings were cancelled due to the
dates falling just prior to a hOliday.
MIHlJ'rBS
The Chairman presented
1987 for consideration.
Motion was duly seconded
the minutes of the meetings
Mr. Angelis moved to approve the
and carried unanimously.
of July 8
minutes
and July 22,
as submitted.
'lhe meeting adjourned at 3: 19 p.lI.
,l_
e
Attest:
6~ {J.r!c, LL~
Secretary
c
8/12/87