09/14/1988 (2)
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The Assistant City Attorney requested the Board take judicial notice of the
applicable Code sections.
Henry Moore stated, in his opinion, the tiles are not debris. They have
been stored there for 30 years and are there for the purpose of constructing a
tile security fence on his property. The property has been looted numerous
times and the tile fence is to secure the property. Mr. Moore submitted
Defendant exhibit #1, a copy of the drawing of the fence that was submitted to
the Building Department when he applied for his building permit, and exhibits #2
& #3, photographs of the fence. Mr. Moore stated he is building a six foot high
tile fence, 25 feet from the property line. The building pe~it was obtained
September 8, 1988, and he estiamtes it will take a minimum of six months to
complete construction of the fence.
The Assistant City Attorney stated Mr. Moore was cited for an identical
violation before the Lot Clearing Board on November 13, 1984. Mr. Moore stated,
at that time, the Board ordered him to stack the tiles neatly and mow the grass
but not remove the tiles.
The Assistant City Attorney requested the Board give Mr. Moore a reasonable
period of time to complete the fence and to order removal of the broken tiles as
debris.
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Discussion ensued regarding whether the Board could order a time frame for
construction of a fence. Mr. Amburgy expressed concern whether construction
materials should be a matter for the Code Enforcement Board. Concerns were also
expressed regrading whether a six foot cement tile fence without reinforcement
would be approved by the Building Department.
Mr. Elliott moved that concerning Item No.2, Lot Clearing List 88-09-1
regarding violation of Chapter 95 of the Clearwater City Code, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held the 14th day of September, 1988, and based on the evidence,
the Municipal Code Enforcement Board enters the following Findings of Fact.
Conclusions of Law. and Order.
The Findings of Fact are: after
Sanitation Inspector, and Henry Moore
submitted: City composite exhibit #1
evident that there does exist debris and
hearing testimony of Vicki Neimiller,
and viewing the evidence, exhibits
and Defendant's exhibits 1 3, it is
trash at the above referenced address.
The Conclusions of Law are: Henry L. Moore is in violation of Chapter 95,
specifically Section 95.04(a), of the Code of the City of Clearwater.
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9/14/88
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:~ It is the Order of this Board that Henry L. Moore shall comply with Chapter
95 within 180 davs. Every 30 davs the Sanitation Inspector is to review and
report the status to the Municipal Code Enforcement Board at its regular
meeting. Upon failure to comply within the time specified, the City Manager may
authorize the entry upon the property and such action as is necessary to remedy
the condition, without further notice to Henry Moore. The City Commission may
then adopt a Resolution assessing against the property, on which remedial action
was taken by the City, the actual cost of clearing the property plus a $150.00
administrative cost. Such cost 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 Public Records of Pinellas County as other
liens are recorded. If the owner takes remedial action after the time specified,
the City Commission may assess the property the $150.00 administrative cost.
Such cost shall constitute a lien against the property until paid. Upon
complying, Henry L. Moore shall notify Vicki Neimiller, 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 upon the vote being taken: Messrs.
Aude, Elliott, Angelis, Morris, Cardinal and Murray voted "aye". Mr. Amburgy
voted "nay". Motion carried.
Done and Ordered this 14th day of September, 1988.
Abandoned Propertv List 88-09-1
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Item Nos. 1 & 2
Jean C. Ratcliff
663 Bay Esplanade
Vern Packer, Sanitation Inspector, stated that the property was removed the
morning of the hearing. Although removal was supposed to be by' September 13th,
the day prior to the hearing, Mr. Packer requested the cases be withdrawn.
Mr. Cardinal moved to withdraw Items Nos. 1 & 2 of Abandoned Property List
88-09-1. Motion was duly seconded and carried unanimously.
Item Nos. 3 & 4
Robert J. Keifer
1950 Los Lomas Drive
Vicki Neimiller, Sanitation Inspector, stated the violation was observed at
1950 Los Lomas Drive on July 5, 1988. At that time, there were three
inoperative vehicles on the property; one has since been removed. City
submitted exhibits #1 & 2, photographs of the vehicles. Ms. Neimiller stated
she inspected the property the morning of the hearing and the two vehicles are
still there. The Buick has flat tires and no license plate and the Dodge has an
expired tag.
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Robert Kiefer stated there were three vehicles on his property but one did
not belong there and has since been removed. The two automobiles that remain
are owned by his mother and grandmother. They are both titled and they have now
obtained license tags for both vehicles. Mr. Kiefer stated the vehicles are
operable. He has been working on the Dodge'S electrical problem and the flat
tires on the Buick will be taken care of.
MCEB
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9/14/88
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The Assistant City Attorney pointed out that an inoperative vehicle cannot
be stored for more than 30 days without being enclosed in a garage or carport
according to the ordinance.
Mr. Cardinal moved that concerning Item Nos. 3 & 4 of Abandoned Property
List 88-09-1 regarding violation of Chapter 95 of the City Code, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held the 14th day of September, 1988, and based on the evidence,
the Municipal Code Enforcement Board enters the following Findings of Fact.
Conclusions of Law. and Order.
The Findings of
Sanitation Inspector,
exhibits 1 & 2, it is
of two automobiles at
Fact are: after hearing testimony of Vicki Neimiller,
and Robert Kiefer and viewing the evidence submitted: City
evident that there exists inoperative vehicles in the fonm
the above referenced address.
The Conclusions of Law are: Robert Kiefer is in violation of Chapter 95 of
the City Code.
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It is the Order of this Board that Robert Kiefer shall comply with Chapter
95 of the Code of the City of Clearwater within 30 days. Upon failure to comply
within the time specified, the inoperative vehicles will be removed by the
Sanitation Division and the owner of such property shall be liable for the cost
of removal and destruction. 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 14th day of September, 198.
Case No. 121-88
Cyprion Enterprises, Inc. d/b/a La Rose Restaurant
(Land Development Code)
The Inspector requested this case be continued to the October meeting.
Mr. Angelis moved to continue Case No. 121-88 to the meeting of October 12,
1988. Motion was duly seconded and carried unanimously.
OTHER BOARD ACTION
Fine Status Report
The fine status report was reviewed
regarding Jeralne Burt's lien status.
numerous liens exist on her property and
others.
by the Board.
The Assistant
the City liens
Discussion ensued
City Attorney stated
are inferior to many
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9/14/88
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! CODE ENFORCEMENT LOT CLEARING LIST 88-09-1, 09/14/88
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ABANDONED PROPERTY LIST 88-09-1, 09/14/88
OWNER OF PROPERTY
OWNER OF ABANDONED PROPERTY
1.
Jean C. Ratcliff
663 Bay Esplanade
Clearwater, FL 34630-1503
Jean C. Ratcliff
663 Bay Esplanade
Clearwater, FL 34630-1503
1973
88.
#5,
FL
Chevy
READ
Four Door Sedan VIN #lL399H3D209064 Tag #TDD-793, Nov
PROPERTY WHERE VIOLATION EXISTS: Mandalay SUB, Unit
parcel #05/29/15/54756/077/0060; 663 Esplanade, Clearwater,
(located in front yard of address).
2.
Jean C. Ratcliff
663 Bay Esplanade
Clearwater, FL 34630
Linda Ratcliff
663 Bay Esplanade
Clearwater, FL 34630
1966 Dodge Four Door Sedan VIN #LH41869152636, TAG IXK-246, May
88 or EVG20M May 89. REAL PROPERTY WHERE VIOLATION EXISTS:
Mandalay SUB, Unit 5, replat Block 77, Lot 5; parcel
OS/29/15/54756/077/0050; 663 Esplanade(located in parking lot
are a) .
3.
Robert J. Kiefer
1950 Los Lomas Drive
Clearwater, FL 34623
NOT FOUND
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1974 Blue Buick, VIN #4J57HA014963; REAL
VIOLATION EXISTS: Valencia Park Unit Two,
#1/29/15/93628/000/1500; 1950 Los Lomas
PROPERTY WHERE
Lot 150, parcel
Drive.
4.
Robert J. Kiefer
1950 Los Lomas Drive
Clearwater, PL 34623
Lynn Keifer
13300 Walsingham. Rd. #7
Largo, FL 34644
1974 Black Dodge
989 Jan. 1988.
Valencia Park Unit Two,
1950 Los Lomas Drive.
Charger 2 door, VIN #JH23G48397608 (expired tag
REAL PROPERTY WHERE VIOLATION EXISTS:
Lot 150, parcel #01/29/15/93628/000/1500;
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