08/26/1987
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MUNICIPAL CODE ENFORC8M8NT BOARD
Meeting of August 26, 1981, 5:00 p.m.
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Agenda
PUBLIC HEARINGS
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(At the time a case is heard and date set
for compliance the Board shall at the same
time set the fee to be assessed in case of
non compliance.)
1 . Lot Clearing List 1187- 08-2 1.
a) William G. Blackburn a) Comply by 9/8/87
CASE RO. 2 Tract A 11, L 175
CASE RO. 8 Tract A '11, L 178
Coachman Ridge, Sec. 7-29-16
2. Abandoned Property List #87-08-2 2. No Cases
URFIHISBED BUSIlfESS
1. Lot Clearing List 87-07-1 1.
e a) CASE HO. 11 Don W. Eicher III a) Accepted affidavit;
M&B 31-11, Sec. 22-29-15 Issued order imposing
Affidavit of Ron-COIIlpliance sanctions.
b) CASE RO. 18 Ruth Mills/Arthur Miller, Jr. b) Denied
Request for Rehearing
c) CASE RO. 20 Andrew Miller 0) Denied
Request for Rehearing
2. Abandoned Property List 87-07-1 2.
a) ClSE ROS. A & B Don W. Eicher III a) Accepted affidavit;
M&B 31-11, Sec. 22-29-15 Issued order imposing
Affidavit of Ron-Compliance sanctions.
3. Lot Clearing List 87- 08-1 3.
a) CASE NO. 1 Azzie L. Wiley a) Accepted affidavit;
Lot 5, Blk. 5, Pinecrest Sub. Issued order imposing
Affidavit of Hon-Compliance sanctions.
4. Adjourn II. 6:10 p.m.
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MUNICIPA~ CODE ENFORCEMENT BOARD
Q
August 26, 1987
Members present:
Robert Aude, Chairman
J ames Angel is
Frank Morris
Bruce Cardinal
Absent:
Tim Amburg1 (unexcused)
Robert Hostetler (excused)
Phillip N. Elliott (unexcused)
Also present:
nobert Walker, Assistant City Attorney (arived 5:24 p.m.)
Cyndie Goudeau, Acting Secretary for the Board
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The meeting was called to order by the Chairman at 5:04 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and advised
any aggrieved party may appeal a final administrative oreIer 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 pI'oceedings to support such an
appeal.
PUBLIC HEARINGS
Lot Clearing List 87-08-2
CaBe Ros. 2 & 8
William G. Blackburn
Lots 175 & 178, Tract A II
Coachman Ridge, Sec. 7-29-16
Jim Maglio, of the Sanitation Division, stated a complaint was received
regarding these properties and they were posted August 5, 1987. The lots were
reinspected the morning of the heaI'ing at approximately 10:06 a.m. and are still
in violation of Chapter 95. The vegetation is uncultivated and is in excess of 12
inches. City exhibits 111 and 2, pictuI'es of the property, were submitted as
evidence.
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Hugh Grant stated he has a contract pending with Blackburn Development to buy
these lots as ,.,ell as two otheI' lots. As soon as the contracts are signed, he
intends to clear all four lots. It was noted the other two lots have been posted
and aI'e scheduled to come before the Code Enforcement Board at its September 9th
meeting. Mr. Grant stated Mr. BlackbuI'n is in the hospital and unable to sign the
cont~acts at this time. He stated the contracts stipulate that Mr. Grant will be
responsible for any bills that are pending against the property. He requested the
Board give him 30 days in which to have the contracts signed and to clear the
property.
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Mr. Maglio indicated the vegetation is al ready quite high and a number of
complaints regarding the property have been received.
Mr. Angelis moved that concerning Items #2 & 8 on Lot Clearing list 87-08-2
regarding violation of Chapter 95 of the Clearwater City Code, on property having
a legal description of Lots 175 and 178, Tract A II, Coachman Ridge, Sec. 7-29-16
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 26th day of August, 1987, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings or
Fact, Conclusions of' Law, and Order.
The Findings of' Fact are: after hearing testimony of Jim Maglio,
Sanitation Division and Hugh Grant and viewing the evidence, exhibits submitted:
City's composite exhibits No. 1 & 2, it is evident that there does exist weed
and/or plant growth at the above addresses.
The Conc1usions of Law are:
of the City Code.
the properties are in violation of Chapter 95
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It is the Order of this Board that Mr. William G. Blackburn shall comply
with Chapter 95 of the Code of the City of Clearwater by September 8, 1981.
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. Upon complying, William Blackburn shall notify Jim Hagl.io, the City
Official who shall inspect the property and notify the Board of compliance. 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 property until
paid. A notice of lien in such form as the City Commission shall determine may be
recorded in the Publi.c Records of Pinellas County. 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 26th day or August, 1987.
UIIFIlIISHBD BUS:nf&SS
Lot Clearing List 87-07-1
Case Ho. 11
Don W. Eicher III
M&B 31.11, Sec. 22-29-15
Aff'ldartt; or Non CaIlp1iance
Mr. Morris moved to accept the Affidavit of Non-Compliance and issue the
order imposing the sanctions in Case No. 17 of Lot Clearing List 87-07-1. The
motion was duly seconded and carried unanimously.
Case Ho. 18
Ruth M. Mills/Arthur Miller, Jr.
Request f'or Rehearing
Case lio. 20
Andrew Miller
Request f'or Rebearing
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A request had been received from the property owners requesting a rehearing
on ~hese two properties stating they did not understand the specifications in the
Sanitation Inspector's May 7th letter.
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Matina Wagner, Sanitation Inspector, stated this case nas been pending since
early last year. She stated while some progress has been made in clearing the
lots, there is still a great deal of' debris on the property. She stated the
owners are claiming they do not understand what needs to be done. She presented
pictures of the property as of August 10th. She indicated she has been very
specific with the owners as to what is needed in order to comply.
Discussion ensued whether or not a rehearing would be appropriate and the
need to contact the property owners to have them clearly understand what is
needed.
The Board directed Ms. Wagner to contact the owners and explain to them what
is needed in order to comply and that it be explained the City is proceeding with
obtaining bids for having the debris removed.
Mr. Angelis moved to deny the request for rehearings in Case Nos. 18 & 20
of Lot Clearing List 87-07-1. The motion was duly seconded and carried
unanimously.
Abandoned Property List 87-07-1
Case Nos. A & B
Don W. Eicher III
M&B 31.11, Sec. 22-29-15
Af'f'ldav1:t of Non CaIlp1iance
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Mr. Cardinal moved to accept the Affidavit of Non Compliance and to issue the
order imposing the sanctions in Case Nos. A & B, Abandoned Property List 87-07-1.
The motion was duly seconded and carried unanimously.
Mr. Eicher stated he objected to the Board accepting the affidavit of non-
compliance as he has requested a rehearing.
It ~ms stated the request for rehearing was not granted and that Mr. Eicher
has been directed to contact various departments within the City to work out what
he perceived to be problems in complying with the Board's order. Mr. Eicher
contends there is a tree which blocks his ability to remove an abandoned bus on
the property. It was indicated there have been a number of complaints regarding
this property.
Mr. Eicher stated that neighbors are storing materials on his property and
that he is in the process of obtaining a no trespassing sign.
Further discussion ensued regarding whether or not there was access to the
property.
Mr. Eicher once again stated he objected to the acceptance of the affidavit
of non-compliance without a rehearing.
The Assistant City Attorney stated the objection would be noted but the Board
should go forward with their procedure.
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3.
8/26/87
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Code Enforcement Lot Clearing Final List 87-08-2, 8/26/87
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1. 1750 Jade Ave: Jade Heights, L 14;
#03/29/15/43740/000/0140. Owned by:
Roberta J, 1750 Jade Ave, Clearwater
parcel
Cottrell Lester
FL 34615-1932
&
JVM
Cottrell
2. Vacant
II, L 175:
Blackburn,
lot about
parcel
1730 US
2310 Stag Run Blvd: Coachman Ridge Tract A
#07/29/16/16862/000/1750. Owned by: William G
19 N, Suite 303, Clearwater, FL 34625
JVM
3. 2550 Gulf to Bay Blvd: Regency,
#18/29/16/74073/000/0010. Owned
c/o Sunburst Rest lnc Suite 0-200,
FL 32606-7306 JVM
L 1: parcel
by: Hardee's Lease
3700 NW 9Ist St,
Partners,
Gainesville
4. 2456 Gulf to Bay Blvd; M & B 13-06; parcel
#18/29/16/00000/130/0600. Owned by: Cyprus Holding Co Inc,
209 Howard Dr, Bel1eair Beach, FL 33535 JVM
5. Vacant land about 2770-2800 Countryside
parcel #29/28/16/00000/220/0100. Owned
Partnership LTD, 1009 S Ft Harrison Ave,
34616-3905 JVM
Blvd; M & B 22-01
by: Pebble Lake
Clearwater, FL
6. Vacant
L 75:
Sitton
lot 2741 Brattle Lane: Countryside
parcel *17/28/16/18683/000/0750.
Jr, 2741 Brattle Lane, Clearwater,
Tract 90 Phase 1
Owned by: Parnell F
FL 34621-1206 JVM
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7. Vacant
3 & 4; parcel
Barlow, 12790
lots about 1139 Lakeview Rd;
*22/29/15/48978/003/0030.
95th St, Largo, FL 34643-1251
Lakeview Heights, Blk
Owned by: Frances
JVM
C,
P
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8.
Tract
Vacant lot about
A-II, L 178;
OWned by: William G
Clearwater, FL 34625
2302 Stag Run Blvd; Coachman Ridge
parcel #07/29/16/16862/000/1780.
Blackburn, 1730 US 19 N, Suite 303,
JVM
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