02/24/1988 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
February 24, 1988
Members present:
Robert Aude, Chairman
Phillip N. Elliott, Vice-Chairman
James Angelis
Frank Morris
Bruce Cardinal
William Murray
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Absent:
John Ehrig (excused)
Also present:
Leo Schrader, Assistant City Attorney
Shirley A. Corum, Secretary for the Board
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The meeting was called to
Commission Meeting Room in City
any aggrieved party may appeal a
Enforcement Board to the Circuit Court
be filed wi thin thirty (0) days of
He noted that
of this Board to
order by the Chairman at 5 :05 p.m.
Hall. He outlined the procedures and advised
final administrative order of the Municipal Code
County. Any such appeal must
execution of the order to be appealed.
Florida Statute 286.0105 requires any party appealing a decision
have a record of the proceedings to support such an appeal.
in
the
of Pinellas
the
PUBLIC HEARIffGS
Abandoned Property List 88-02-2
elSE RO. 2
James Jefferson
1255 Byron Avenue
Niemiller, Sanitation Inspector, stated this property was first
on January 25, 1988. At that time there were numerous vehicles
inclUding a homemade trailer. The property was posted on February 9, 1988. The
other vehicles have since been removed from the property; however, as of the day
prior to the hearing, the trailer is still on the property. City submitted
composite exhibit n1, five photographs of the property taken February 9 and 23,
1988. Ms. Niemiller stated the homemade trailer consists of a shell with
fiberglass panels. She does not know what use Mr. Jefferson intends for the
trailer. It has been there at least a year and is not habitable. In response
to a question from the Board, Ms. Niemiller stated the trailer does not have a
Florida license plate.
Vicki
inspected
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Vcrn Packer, Sanitation Inspector, stated this property has been an ongoing
problem. The trailer has been in the same condition at least a year- to his
knowledge. The property "has been the subject of numerous complaints in the
Sanitation Division. Mr. Packer stated he had been informed by Mr. Jef'ferson
that he intends to use the trailer as a hunting trailer. At the pr-esent time,
the roof is falling in, there is a partial shower stall, and all the siding has
been pulled off the trailer.
The Assistant City Attorney stated that, in order to move the trailer for-
hunting use, Mr. Jefferson would need to obtain a Florida license tag.
James
the trailer
trailer and
at least 30
Jefferson, owner of the subject property, stated he did not believe
is in violation. He hopes to obtain some salvage value from the
use the base as a boat trailer. Mr. Jefferson stated he would need
days in which to accomplish removal of the trailer.
Mr. Angelis moved that concerning Case No. 2 on Abandoned Property List
88-02-2 regarding violation of Chapter 95 of the Clearwater City Code and
Florida Statute Section 705.16 with the location of the abandoned property being
1255 Byron Ave., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 24th day of February, 19B8,
and based on the evidence, the Municipal Code Enforcement Board enters the
following Findings or Fact, Conclusions o~ Law, and Order.
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The Findings or Fact are: Aftel' hearing the testimony of Vicki Niemillor
and Vern Packer, Sanitation Inspectors, and James Jefferson and Viewing the
evidence, exhibits submitted: City composite exhibit /11, five photographs of
the property, it is evident that there exists abandoned property in the form of
a trailer in a deteriorated condition at the above address.
The Conolusions of Law are: James Jefferson is in violation of Chapter
95 of the City Code and Florida Statute Section 705.16.
It is the Order of this Board that James Jefferson shall comply with
Chapter 95 of the Code of the City of Clearwater and Fla. Stat. Section 705.16
by March 23, 1988. Upon failure to comply within the time specified, the
abandoned property will be removed by the Sani ta tion Division and the owner of
such property shall be liable for the cost of removal and destruction, less any,
sal vage value received by the City plus $150 administra ti ve charge. Be fusal to
pay such costs shall, in the event the abandoned property is a boat, prevent
future boat registration; and if the abandoned property is a motor vehicle, a
fine of $100 will be levied. 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. Motion was duly seconded and carried unanimously.
Done and Ordered this 24th day of February, 1988.
Q.~
5:37 p.m.
As there was no other business before the Board, the
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