12/14/1988 (2)
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CODE ENFORCEMENT LOT CLEARING LIST 88-12-1, 12/14/88
I. A.
1. AKA the vacant lot Across the street form 414 S. Madison; N.F
Hughey, Block 1, North 60 feet of lots 12 & 13; parcel
#15/29/15/41688/001/0120. Owned by: D.A, Washington, Henry D.
Washington, 706 Seminole Street, Clearwater, Florida 34615-3866.
Phillips, Sharon M Phillips, 2763 Westchester Drive, South,
Clearwater, Florida 34621-2608.
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2. Entire Lot AKA 1042 North Madison Ave; Springfield #1, Block
A, Lot 2; parcel #10/29/15/85014/001/0020. Owned by: Vivian
Warren Ball C/O Bruce Ball, Bldg, 12 Apt. 6, Greenwood Apartment,
Clearwater, Florida 34615.
3. AKA The vacant land at or about 1180 Gulf Blvd; M&B 33-21,
parcel #17/29/15/00000/330/0210. Owned by: Teatros Y. Cinemas,
C/O Pinto 81ena, 1340 Gulf Blvd., Clearwater, Florida 34630.
4. Rights of way bordering Druid Road, by pass and US 19 Service
Road; M & B 41-21; parcel #18/29/16/00000/410/1200. Owned by:
Joseph J. Sorota, Jr. TRE, 2900 US 19 North, Clearwater, Florida
34621,
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5. AKA The Vacant Lot at or about 504 Railroad Avo; Harts ADD to
Clearwater; Block 2, Lot 4; parcel #09/29/15/37422/002/0040,
OWned by: Peter S. Conte and Florence V. Conte, 3102 Arch
Street, Tampa, Florida 33607-5107.
6. AKA at or about 1026 North Greenwood Ave; Palm Park SUB; South
1/2 of lot 31 less road; parcel 10/29/15/65718/005/0311. Owned
by: Curtis R. Raybon, 1161 Marshall Street, Clearwater, Florida
34615-2645,
7. About 1104 N. Greenwood Ave; Greenwood Manor, North 32 feet of
lot 2 less road; parcel #10/29/15/33498/000/0020. Owned by:
Curtis Raybon R., Curtis Raybon R, TRE, 1161 Marshall Street,
Clearwater, Florida 34615-2645.
8. Theodore Q. Demps
Alice K. Demps
1508 Palmetto St
Clearwater, FL 34615
Theodore Q. Demps
Alice K, Demps
150B Palmetto St
Clearwater, FL 34615
REAL PROPERTY WHERE VIOLAT~ON EXISTS: Bonair Hill #4, LOT 2;
parcel #11/29/15/10134/000/.0020. 1508 Palmetto Street.
THIS PERSONAL PROPERTY TO WIT: Brown Pontiac Phoenix, VIN
#2Y375A6174354;
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9. 1000 Crantwood Ave; WoO~valley Unit 3, Block 9, Lot 18
parcel #08/29/16/99101/00~/.0180. Owned by: Bruce & Christine A.
Chapin, 1000 Grantwood Ave;, Clearwater, FL 34619,
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MUNICIPAL CODE ENFORCEMENT BOARD
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December 14, 1988
Members present:
Phillip N, Elliott. Vice-Chairamn
James Angelie
Frank Morris
Bruce Cardinal
William Murray
Absent:
Robert Aude, Chairman (e~cused)
7th seat vacant
Also present:
Rob Surette, Assistant City Attorney
Kenneth L. Feldhausen, Secretary for the Board
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In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
to order
Commission Meeting Room in City Hall,
any aggrieved party amy appeal a final
Code Enforcement Board to the Circuit
must be filed within thirty (30)
appealed. He noted that Florida
decision of this Board to have
appeal.
called
at 1:03 p.m. in the
outlined the procedures and advised
administrrtive order of the Municipal
Court of Pinellas County. Any such appeal
days of the execution of the order to be
Statute 286.0105 requires any party appealing a
record of the proceedings to support such an
The meeting was
by the
He
Chairman
a
PUBLIC HEARINGS
List 88-12-1. Public NuisancelLot ClearinR
The Vice-Chairamn read through the list asking if anyone was present for a
hearing concerning any of the items. There was no response. No action taken.
Case No. 121-88
Cyprion Enterprises, Inc,/Vasos Militiadou
dba LaRose Restaurant
126 Island Way
(Land Development)
Continued from 10/12/88
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J.2/14/88
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Geri Doherty, Development Code Inspector, stated in Novemb~: of 1987 the
City was informed of a new business at 126 Island Way called LaRose Gourmet
Restaurant. She stated there is no record of the new business having received a
conditional use for alcoholic beverage sales, as required when a business changes
ownership, citing Code section 136,024(b).
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Vasos Militiadou, agent for the restaurant and part owner, stated he bought
out one of the owners of the business in June, 1988. He was informed by city
staff the license could not be transferred to a new owner or agent and that a
conditional use was required, Mr. Militiadou stated he can not yet apply for a
conditional use as the property owner will not give permission until the debt of
the previous owner is paid off. He stated he needs another month to payoff the
debt and apply for the conditional use.
When questioned
granted, Geri Doherty
stated the process
months.
concerning the
stated this type
of acquiring a
probability
of request
conditional
of the conditional use being
is usually granted. She
use takes appro~imately two
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Mr. Angelis moved that regarding Case No, 121-88, concerning violation of
Section 136.024(b) of the City Code on property located at 126 Island Way, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of December, 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 Geri Doherty,
Development Code Inspector and Vasos Militiadou and viewing the evidence, it is
evident that there is a condition in existence keeping Cyprion Enterprises, Inc.
from processing an application for the required conditional use.
The Conclusions of Law are: Cyprion Enterprises, Inc, is in violation of
Section 136.024(b) of the City Code.
It is the Order of this Board that Cyprion Enterprises, Inc. dba LaRose
Gourmet Restaurant shall comply with Section 136.024(b) of the Code of the City
of Clearwater within 90 days (3/14/89). If Cyprion Enterprises, Inc. does not
comply within the time specified, the Board may order them to pay a fine of
$10.00 per day for each day the violation continues to exist. If Cyprion
Enterprises, Inc, 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 16Z, Florida
Statutes. Upon complying, Cyprion Enterprises shall notify Geri Doherty, 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,
Done and Ordered this 14th day of December, 1988.
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1Z/14/88
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Case No, 128-88
National Realty Consultants. Inc.
Agent for Mildred Harbison
1206-1208 Hamlet Avenue
(Life Safety Code)
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Karl Whittleton, Life Hazard Safety Inspector. stated on March 10, 1988 he
observed that the building did not have the required one hour separation between
units. He stated he visited the property eight different times including the
morning of the hearing. at which time he could not gain entrance, Mr. Whittleton
stated work had been started on one unit.
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The Assistant City Attorney requested the Board take judicial notice of
Section 93.21 of the Clearwater City Code adopting NFPA Life Safety Code 101.
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In response to questions. Mr. Whittleton stated the building contains 7
units with ten tenants. requiring five one hour separations. Mr, Whittleton also
stated no building permit had been issued for the work that had been done.
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Susan Hicks, representing National Realty Consultants, stated the original
agent for the property. left the company without acting on notices sent of the
violation. Ms. Hicks stated she has a contractor for the job and has been trying
to get all the tenants and contractor together at same time for the installation.
She requested 30 days in which to come into compliance.
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Bruce Cardinal moved that regarding Case No. 128-88 concerning violation of
Section 6-2.2,5, NFPA Life Safety Code 101 on property located at 1206-1208
Hamlet Ave" the Municipal Code Enforcement Eoard has heard testimony at the
Municipal Code Enforcement Eoard hearing held the 14th day of December, 1988, and
based on the evidonce, 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 Karl Whittleton, Life
Hazard Safety Inspector, and Susan Hicks, representing National Realty
Consultants, Inc. and viewing the evidence, it is evident that separations
between units do not meet the minimum fire separation requirements.
The Conclusions of Law are: National Realty Consultants. Inc. I is in
violation of Section 6-2.2.5. NFPA Life Safety Code.
It is the Order of this Board that National Realty Consultants, Inc. shall
comply with Section 6-2.2.5, NFPA Life Safety Code. as adopted by the City of
Clearwater. within 30 days (1/13/89). If National Realty Consultants. Inc. does
not comply within the time specified. the Board may order them to pay a fine of
$25.00 per day for each day the violation continues to exist. If National Realty
Consultants, Inc. 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
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12/14/88
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