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CODE ENFORCEMENT LOT CLEARING LIST 88-11-1, 11/09/88
I. A.
1. 1826 Belmont Drive; College
~06/29/16/17258/000/0200. O~ned
Po11uri 1826 Belmont Drive
Hill Park Unit 1,
by: Kathleen Key,
East, Clearwater, FL
Lot 20; parcel
Thomas
34625-1409.
1011 Vi ne
all of 2, 3,
by: Vine Assoc.,
33713-7621.
Ave; Jurgens
4, 5;
3151
SUB; block D, West 50 feet of Lot
parcel *10/29/15/45000/004/0010. Owned
3rd Ave North, St. Petersburg, Florida
1
2. AKA
and
<'I
3. AKA 1364 Friend
South 20 feet of
Ronald R.
Ave;
Lot 31;
Hoen ig, 1364
Cleveland Grove 1-7; Block 7, Lot 32 and
parcel #22/29/15/16722/000/0320. Owned
Friend Ave, Clearwater, FL 34616.
by:
4. 1012 N Madison Ave; Springfield SUB; #1;
parcol #10/29/15/85014/002/0150 Owned by:
P.o. Box 10234, Clearwater, FL 34617-8234.
Block B;
John C.
Lo t 1 5 ;
Gardner,
s. 1818 Douglas
8; parcel
Haxine A.
Avenue; Sunset Point 1st Addition, Block
#03/29/15/88110/006/0080. Owned by: William R.
Cohen, 2245 Ben Hogan Drive, Dunedin, FL 34698.
F, Lot
Cohen
o
6. 915 Engman Street; Palm
#10/29/15/65718/003/0080.
Street; East Orange, New
Park SUB;
Owned
Jersey
Block C,
by: Christine
07019.
Lot 8; parcel
Keno, 18 Emerson
REAL PROPERTY OWNER:
PERSONAL PROPERTY OWNER:
7.
Albert & Mary L. Lee
1352 Terrace Rd.
Clearwater, FL 34615
Bethlehem 7th Day Adventist
l352 Terrace Rd.
Clearwater, FL 34615
REAL PROPERTY
Lane Heights,
Lot 5; parcel
TO WIT: 1970
WHERE VIOLATION EXISTS: 1352 Terrace
2nd Addition, Block B, East 57'
#03/29/15/08388(002/0040. THIS PERSONAL
Blue and White Ford Van E32GHR3158l.
Lot
4
Road; Betty
and W. 25'
PROPERTY
8. 1549
27 & 28
Thomas,
S. Prospect
parcel
2150 Calle
Ave; Belmont SUB, 2nd Addition, Block
#22/29/15/07938/004/0270. Owned by:
92019-3539.
D, Lots
Bernice M.
Poco,
81
Cajon,
CA
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MUNICIPAL CODE ENFORCEMENT BOARD
November 9, 1988
Members present:
Robert Aude, Chairman
Phillip N. Elliott, Vice-Chairman
James Angelis (arrived 1:20 p.m.)
Frank Morris
Bruce Cardinal
William Murray
Absent:
Tim Amburgy (unexcused)
Also present:
Rob Surette, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
Ken Feldhausen, Secretary to Municipal Code Enforcement Board
()
In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
The meeting
Commission Meeting
aggrieved party may
Enforcement Board
by the Chairman at 1:05 p.m. in the
City Hall. He outlined the procedures and advised any
appeal a final administrative order of the Municipal Code
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
that Florida Statute 286.0105 requires any party appealing a decision of this
to have a record of the proceedings to support such an appeal.
was called
Room in
to
order
noted
Board
PUBLIC HEARINGS
List 88-11-1. Public Nuisance
The Chairman asked if anyone was present to be heard concerning List
88-11-1, public nuisance violations. There was no response.
Case No. 122-88
S & I, Inc. d/b/a Seven Oaks Service Center
(Sign Code) (cont. from 10/12/88)
Complied Prior
The Secretary to the Board requested this case
has been corrected.
be withdrawn
as the violation
CD
Mr. Elliott moved to
carried unanimously.
withdraw Case No. 122-88.
Motion was duly seconded and
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Ms. Jevtic indicated she would not be in town for the December meeting.
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Mr. Morris moved to continue Case No. 125-88 to the meeting of January 11,
1989. Motion was duly seconded and carried unanimously.
Case No. 126-88
Michael Podniestrzanski
1216 N. Ft. Harrison Ave.
(Land Development Code)
Michael Podniestrzanski stated he has operated his used car sales
business since 1979. He stated he does have vehicles stored in the lot
sales office from which parts are used for repair of other vehicles.
and service
next to the
Carol Cicero, Development Code Inspector, stated the violation regarding junk
cars and parts has been going on for some time at 1216 N. Ft. Harrison Ave. She
stated Mr. Podniestrzanski has been clearing the front of his property, but the
neighborhood association still has complaints regarding the fenced-in area still
containing salvage and scrap parts. Ms. Cicero cited Section 135.004(b) of the
City Code, which prohibits use of property inconsistent with its zoning
designation, neighborhood commercial zoning, which does not permit a junk
yard/salvage business.
The Assistant City Attorney requested the Board take judicial notice of the
applicable code sections, 135.004(b) and 135.097.
o
City submitted exhibit #1, a current zoning map of the property.
In response to
in effect prior to
use which was never
grandfathered in.
a question,
1985 would
obtained or
the Inspector stated the
have required a special
applied for. She stated
general commercial zoning
exception for j~nk/salvage
only sales and service was
John Cavanaugh, representing the homeowner's association and witness for the
City, stated he had taken four photographs of the property at 1216 N. Ft. Harrison
Ave., two on October 30 and two on November 6, 1988. City submitted composite
exhibit #2 a-d, the four photographs taken by Mr. Cavanaugh. ~r. Cavanaugh stated
he has observed towing of junk vehicles onto the property. He stated on October
25th at 5:30 p.m., he observed two junk cars being unloaded with a forklift from a
flatbed truck. One car had windows and windshield missing, the other had wheels
and a fender missing. Mr. Cavanaugh stated on several occasions he observed cars,
with the fork protruding through, picked up and taken to the back yard.
Mr. Podniestrzanski stated he has improved upon the condition of the property
as many cars have been removed, but there is still some debris remaining. He
stated he is not operating a junk yard. He is trying to handle t~e problem but was
unsure what exactly he needed to do. He has since been informed by a City
Sanitation Inspector what action will bring him into compliance.
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In closing, the Assistant City Attorney stated, based. on admissions of
Michael Podniestrzanski and the photographs and testimony of Mr. Cavanaugh
and Carol Cicero, it is obvious the cars in the photos are junk vehicles as
defined. Mr. Podniestrzanski is selling parts off the vehicles which constitutes
a salvage business which is not a permitted use under the current or previous
code. He requested Mr. Podniestrzanski be given a reasonable length of time to
comply.
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Mr. Cardinal moved that concerning Case No. 126-88 regardil1g violation of
Section 135.004(b) of the Clearwater City Code on property located at 1216 N. Ft.
Harrison Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 9th day of
November, 1988, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law, and Order.
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The Findings of Fact are: after hearing testimony of Michael Podniestrzanski,
Carol Cicero, Development Code Inspector, and John Cavanaugh, and viewing the
evidence, exhibits submitted: City exhibit #1, a zoning map of the property and #2,
photographs of the property taken October 30 and November 6, 1988, it is evident
that there is a non-conforming use of the property as a salvage yard.
The Conclusions of Law are Michael Podniestrzanski is in violation of Section
135.004(b) of the Clearwater City Code.
o
It is the Order of this Board that Michael Podniestrzanski shall comply with
Section 135.004(b) within 60 davs. If Michael Podniestrzanski does not comply
within the time specified, the Board may order him to pay a fine of $50.00 per day
for each day the violation continues to exist. If Michael Podniestrzanski 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
violator pursuant to Chapter 162, Florida Statutes. Upon complying, Michael
Podniestrzanski shall notify Carol Cicero, 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. Motion was duly seconded and carried unanimously.
Done and Ordered this 9th day of November, 1988.
Case No. 127-88
Michael Podniestrzanski
500 N. Ft. Harrison Ave.
(Land Development Code)
e
Carol Cicero, Development Code Inspector, stated she inspected the property
at 500 N. Ft. Harrison on September 13, 1988 and observed what appeared to be
restaurant and other equipment, chairs, etc. allover the property. She stated
there was a sign in the window stating restaurant equipment for sale, but the
business was not open. City submitted exhibit #1, a map of the property showing
the general commercial zoning, and composite #2, four photographs taken October
28, November 2 and 9, 1988. Ms. Cicero stated the use is inconsistent with the
zoning of the property as general commercial does not permit outdoor/retail sales
MCEB
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display and/or storage without a conditional use. She stated Mr. Podniestrzanski
applied to the Planning and Zoning Board in January for a conditional use and was
denied. Ms. Cicero stated to her knowledge the shop has not been open since, but
the sign is still in the window and the property has been scattered with
equipment. She stated as of the morning of the hearing, a majority of the junk
has been cleared but there is still quite a bit of debris on the side of the
building covered by some kind of fence. She informed Mr. Podniestrzanski he needs
to remove that debris also to come into compliance.
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}lr. Podniestrzanski stated he thought he had sold the property in January,
1988, which was the reason for applying for the conditional use as the purchaser
wanted to put in a used car lot. The sale was not completed. The debris came
from tenants who used the property as a thrift shop. He had problems removing the
tenants and has since worked with the Sanitation Division to remove debris. The
sign belonged to the tenants.
Mr. Podniestrzanski was informed he needs to remove shelving, debris on the
side of the building and the sign to come into compliance.
o
Mr. Cardinal moved that concerning Case No. 127-88 regarding violation of
Section 135.004(b) of the City Code on property located at 500 N. Ft. Harrison
Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 9th day of November,
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 hearing testimony of Carol Cicero,
Development Code Inspector, and Michael Podniestrzanski and viewing the evidence,
exhibits submitted: City exhibit #1, a zoning map of the property and #2,
photographs of the property taken October 28, November 2 & 9, 1988, it is evident
that there exists or existed an outdoor retail sales establishment.
The Conclusions of Law are Michael Podniestrzanski is in violation of Section
135.004(b) of the Clearwater City Code.
It is the Order of this Board that Michael Podniestrzanski shall comply with
Section 135.004(b) within 60 davs. If Michael Podniestrzanski does not comply
within the time specified, the Board may order him to pay a fine of $50.00 per day
for each day the violation continues to exist. If Michael Podniestrzanski 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
violator pursuant to Chapter 162, Florida Statutes. Upon complying, Michael
Podniestrzanski shall notify Carol Cicero, the City Official who shall inspect the
property and notify the Board of compliance. Should the violation recur, the Board
nas 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 9th day of November, 1988.
C)
MCEB
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11/09/88
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UNFINISHED BUSINESS
Case No.
8-88
Joseph Simonelli
860 Eldorado Ave.
address Board re fine
Donald McFarland,
purchased the property two years
of the fence, deck and steps,
variances were required for the
relation to
the DNR issued the
Clearwater permit
entirely.
stated Mr. Simonelli
renovation. After the construction
necessary permits and found
deck and stairs and in regard to the location in
the water from the Florida Department of Natural Resources. He stated
necessary permit in July and Mr. Simonelli acquired the City of
in August. Mr. McFarland requested the Board waive the fine
attorney
representing
ago and began
they applied
Mr.
Simonelli,
for the
The Assistant City ~ttorney
obtaining the necessary permits and
The property is now in compliance.
stated he was made aware of the problems
believes good faith efforts have been ongoing.
Mr. Cardinal moved to
expended. Motion was duly
reduce the fine to $100 to reimburse the
seconded and carried unanimously.
City for time
LC List 88-09-1
o
Item No. 2
Henry L. Moore
808 Pennsylvania Ave.
Ins~ector's status report
Vicki Neimiller, Sanitation Inspector,
approximately two feet to the tile fence
stated
since last month.
Mr.
Moore
has
added
Ms. Neimiller was informed a written
status reports on this property.
report would
be sufficient
for future
LC List 88~09-1
Items No. 3 & 4
Robert. J. Kiefer
1950 Los Lomas Drive
Affidavit of Compliance
Mr. Elliott moved to
LC 88~09-1. Motion was duly
accept the Affidavit of Compliance in Item Nos.
seconded and carried unanimously.
3 & 4,
Case No. 123-88
TransOhio Savings Bank
850 Bayway Blvd.
Affidavit of Non-Compliance
Affidavit of Compliance
The affidavit of non-compliance was withdrawn.
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Mr. Cardinal moved to accept the
seconded and carried unanimously.
affidavit of
compliance. 0
Motion was duly
OTHER BOARD ACTION
Fine
Status Report
for
the
The Fine Status Report was reviewed. Discussion ensued regarding the need
a determination of when to file a lien if compliance has not been reached and
fine is still accruing.
Amendment to Rules & Regulations - Article VII. Section 1
The amendment relates
not require the filing
Department.
to Public Nuisance and False Alarm violations which do
of affidavits with the Secretary of the Board, City Clerk
Mr. Angelis moved to amend Article VII,
of Sections 94.02 and 95.04 after
seconded and carried unanimously.
Section 1 by adding except violations
"All actions before the Board". Motion was duly
The City Clerk stated, pursuant to Florida Statutes regarding attendance, Mr.
Tim Amburgy is officially removed from the Board.
"
NEW BUSINESS - None.
MINUTES
Mr. Elliott moved to accept the minutes
1988, October 12, 1988 and October 26, 1988.
unanimously.
of the meetings
Motion was duly
of September 14,
seconded and carried
The meeting adjourned at 3:35
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