03/08/1989
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of March 8, 1989, 3100 p.m.
Agenda
lrot'.!i-....~fiI"""~~-..~
Action
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PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the same
time, set the fee to be aseessed in case of non-compliance.)
Lot Clearing List 89-3-1
Item
#1
Alexander Green
806 Carlton St. aka
N 100' Lot 9, Blk. 2
C.E. Jacksons Sub.
Comply within 5 days
(3/13/89)
Item 12
Thomasine M. Carter
1109 Macrae Ave. aka
Lot 17, Blk. F
Greenwood Park #2
Comply within 5 days
(3/13/89)
Item 13
Eva Harris
1006 Metto St. aka
Lots 4 & 5
Masons Sub. I A
Comply within 5 days
(3/13/89)
~
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Csse No.
J.29-88
John C. Gardner
(Standard Housing Code)
cont. from 2/8/89; Complied
Withdrawn
Case No.
9-89
Erna Drakeford, Inc.
(Life Safety Code)
cont. from 2/8/89
Comply I 10 days (3/20/89) re
acquiring pe~it; 60 days
(5/8/89) re total compliance
Case No.
21-89
Paul & Wanda Nixon
(Development Code)
cont. from 2/8/89; Complied
Withdrawn
Case No.
22-89
Howard Fest
(Development Code)
cont. from 2/8/89; Complied
Wi thdrawn
Case No.
31-89
DaV'id Frey dba
ToMC Remote Productions
(Occupational License)
Complied
Withdrawn
Case No.
34-89
Roxbury Building Company
(Occupational License)
Complied
Withdrawn
t:r:rA
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MCEB
3/8/89
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MUNICIPAL CODE ENFORCEMENT BOARD
March 8, 1989
Members presentr
Phillip N. Elliott, Chairman
Robert Aude, Vice-Chairman (left 4r05 p.m.)
James Angelis
William Murray
William Zinzow
Absentr
Bruce Cardinal (excused)
Frank Morris (excused)
Also presentl
Rob Surette, Assistant City Attorney
Cynthia E. Goudeau, Secretary for the Board
In order to provide continuity for rosearch, Cbe items will be listed in agenda
order although not neces8arily discussed in that order.
o
The meeting was called to order by the Chairman at 3cOO p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and advised any
aggrieved party may appeal a final amninistrative order 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 proceedings to support such an appeal.
PUBLIC HEARINGS
Public Nuisance List 89-03-1
Item No. 1
Alexander Green
N 100' Lot 9, Blk. 2, C.E. Jacksons Sub.
aka 806 Carlton Street
Vernon Packer, Sanitation Inspector, stated he observed a 1962 four door
sedan in disrepair and without a tag at the above referenced property. He stated
he verified ownership through the County records and notified both the owner of
the property where the vehicle is located and the owner of the vehicle via
certified mail. City submitted exhibit A, a photograph of the yehicle.
No one was present to represent Mr. Green.
~
o
Mr. Aude moved that concerning Item No. 1 of List 89-03-1 regarding
violation of Section 95.04 of the Clearwater City Code on property located at 806
Carlton Street, Clearwater, Pla., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 8th day of
March, 1989, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Pact, Conclusions of Law, and Order.
MCEB
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The Findings of Pact arel after hearing testimony of Vernpn Packer,
Sanitation In8~ector, and viewing the evidence. exhibits submitted I City exhibit
A, it is evident that there exists an accumulation of debris as defined by the
City Code.
"
The Conclusions of Law arel Alexander Green is in violation of Section
g5.04.
o
It is the Order of this Board that Alexander Green shall comply with
Section g5.04 of the Code of the City of Clearwater within five (5) days (March
~3. 1989). Upon failure to comply within the time specified. the City Manager
~y authorize the entry upon the property and such action as is necessary to
remedy the condition. without further notice to Alexander Green. The City
Commission may then adopt a Resolution assessing against the property on which
remedial action was taken by the City the actual cost incurred plus $150.00
a~inistrative cost. Such cost shall constitute a lien against the property
until paid. A Notice of Lien, in such form as the City Commission shall
dete~ine, 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 amministrative cost.
Such cost shall constitute a lien against the property until paid. Upon
complying, Alexander Green shall notify Vernon Packer. 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 carried unanimously.
Done and Ordered this 8th day of March, ~98g.
'Item No. 2
Thomasine M. Carter
Lot 17, Blk. P, Greenwood Park #2
aka 1109 Macrae Avenue
Vernon Packer. Sanitation Inspector, stated he observed a motor vehicle
without a tag and which appeared to be inoperable at the above referenced
address. He stated he verified ownershi~ through the County records and notified
both the owner of the vehicle and the property where the violation exists via
certified mail. Mr. Packer stated he reinspected the property the morning of the
hearing and the violation still exists. City submitted composite exhibit A, two
photographs of the vehicle.
No one was present to represent Thomasine Carter.
Mr. Angalis moved that concerning Case No.2, List 89-03-1, regarding
violation of Section 95.04 of the Clearwater City Code on property located at
1109 MBcrae Avenue, Clearwater, Fla.. the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing' held the 8th day
of March, 1989, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law. and Order.
o
The Pindings of Pact are, after hearing testimony of Vernon Packer,
Sanitation Inspector. and viewing the evidence, exhibits 8ubmittedl City
composite exhibit A, it is evident that there exists an accumulation of debris as
defined by the City Code.
MCEB
3/8/89
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The Conclusions of Law are. Thomasine M. Carter is in violation of Section
95.04.
,
It is the Order of this Board that Thomasine M. Carter shall comply with
Section 95.04 of the Code of the City of Clearwater within five (5) days (March
13, 1989). 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 Thomasine M. Carter. The City
Commission may then adopt a Resolution assessing against the property on which
remedial action was taken by the City the actual cost incurred plus $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, Thomasine M. Carter shall notify Vernon Packer, 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 carried unanimously.
Done and Ordered this 8th day of March, 1989.
Item No. 3
Eva Harris
Lots 4 & 5, I A Masons Sub.
aka 1006 Metto Street
o
Vernon Packer, Sanitation Inspector, stated he originally observed two
vehicles in disrepair and without tags at the above referenced property. He
stated he notified the owner of the vehicles and the owner of the property where
the violation exists via certified mail. He stated he reinspected the property
and one vehicle had been removed, a 1974 Dodge Dart without a tag was still on
the property. City submitted exhibit A, a photograph of the vehicle still in
violation.
No one was present to represent Eva Harris.
Mr. Murray moved that concerning Item No.3, List 69-03-1, regarding
violation of Section 95.04 of the Clearwater City Code on property located at
1006 Metto Street, Clearwater, Fla., the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 8th day
of March, 1989, 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 arel after hearing testimony of Vernon Packer,
Sanitation Inspector. and viewing the evidence, exhibits submitteds City
composite exhibit A, it is evident that there exists an accumulation of debris as
defined by the City Code.
@
The Conclusions of Law ares Eva Harris is in violation of Section 95.04.
It i9 the Order of this Board that Eva Harris shall comply with Section
95.04 of the Code of the City of Clearwater within five (5) days (March 13,
1989). Upon failure to comply within the time specified, the City Manager may
authorize the entry upon the property and such action 89 is necessary to remedy
MCEB
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3/8/89
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the condition, without further notice to Eva Harris. The City Commission may
then adopt a Resolution assessing against the property on which remedial action
was taken by the City the actual cost incurred plus $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, Eva Harris shall notify Vernon
Packer, 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
carried unanimously.
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Done and Ordered this 8th day of March, 1989.
Case No. 12.9-88
John C. Gardner
(Standard Housing Code)
cant. from 2/8/89; Camplied
"t
Mr. Aude moved to withdraw Case No. 129-88 as the violation has been
corrected. The motion was duly seconded and carried unanimously.
Case No. 9-89
Erna Drakeford, Inc.
(Life Safety Code)
cant. from 2/8/89
o
Karl Whittleton, Life Hazard Safety Inspector, stated there were numerous
violations noted at 1594 S. Myrtle Ave., Clearwater, Fla. during his initial
inspection. He stated all except hazardous wiring violations have been
corrected. Inspector Whittleton stated the property in violation is a radiator
repair shop and employees of the business have been shocked when testing
radiators, and there is open wiring and it is not properly grounded. He stated
some work has been done, no permit has been issued for the work, and it is not
complete nor according to code. Mr. Whittleton stated he notified Jose Reed,
Manager of the business, of the violations.
The Assistant City Attorney requested the Board take judicial notice of
Section 93.21 of the City Code adopting the Life Safety Code.
Lisa Drakeford stated they are in the process of repairing the building,
but the process is slaw due to financial problems. She stated she would need
four to five months to complete repairs. When questioned regarding ownership of
the business, Ms. Drakeford stated it is owned by Drakeford, Inc.
f'?~
o
Mr. Aude moved that concerning Case No. 9-89 regarding violation of
Sections 7-1.2, NFPA 101 and Articles 110 and 200. NFPA Chapter 70 on property
located at 1594 S. Myrtle Ave., Clearwater, Fla., the Municipal' Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held
the 8th day of March, 1989, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings of Fact, Conclusions of Law, and
Order.
MCEB
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3/6/89
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The Pindings of Pact area after hearing testimony of Karl Whittleton, Life
Hazard Safety Inspector, and Lisa Drakeford, and viewing the evidence, it is
evident that the electrical wiring at ~594 S. Myrtle is not up ~o Code.
The Conclusions of Law &rel Drakeford, Inc. is in viol&tion of Sections
7-1.2, NFPA 101 and Articles 110 and 200, NFPA Chapter 70.
It is the Order of this Bo&rd that Drakeford, Inc. shall comply with
Sections 7-1.2, NFPA 101 and Articles 110 and 200, NPPA Chapter 70 by
1) obtaining a permit for electrical work by ~rch 17. 1989 and 2) by completing
compliance by MaY 18. 1989. If Drakeford, Inc. does not comply within the time
specified, the Board may order them to pay a fine of $10.00 per day for part 1
and $50.00 per day for part 2 for each day the violations continues to exist. If
Drakeford, Inc. does not comply within the time specified, a certified copy of
the Order imposing tne 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 ow.ned by the violator pursuant to Chapter 162, Florida
Statutes. Upon complying, Drakeford, Inc. shall notify Karl Whittleton, the City
Official who shall inspect the property and notify the Board of compliance.
Should the violation reoccur, the Board has the authority to impose the fine &t
that time without a subsequent hearing. Should a dispute arise concerning
compliance, either party may request a further hearing before the Board. The
motion was duly seconded and carried unanimously.
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Done and Ordered this 8th day of March, 1989.
Case No. 21-89
Paul and Wanda Nixon
(Development Code)
cant. fran 2/8/89; Camplied
Case No. 22-89
Howard Fest
(Development Code)
cont. from 2/8/89; Complied
Case No. 31-89
David Prey dba THO Remote Productions
(Occupational License)
Complied
Case No. 34-89
Roxbury Building Company
(Occup&tional License)
Complied
Mr. Aude moved to withdraw Case Nos. 21-89, 22-89, 31-89 and 34-89 as the
violations have been corrected. The motion was duly seconded and carried
unanimously.
Case No. 35-89
knerican Car Cleaners, Inc.
(Development Code)
o
Ger! Donerty, Development Code Inspector, stated she observed pennants and
a portable sign at 1395 Missouri Ave. South on November 2~, 1988. Ms. Doherty
stated the pennants are prohibited by City Code and the portable sign does not
have a pe~t. She stated the pennants have been removed but the portable sign
still existed as of 4100 p.m., MArch 7, 1989. City submitted exhibit A, a
photograph of the business sign in violation. Ms. Doherty indicated the portable
MCEB
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3/8/89
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sign would not be eligible for a permit as the time frame in which a portable
sign is allowed has expired. Ms. Doherty stated notice of the violation was sent
to Phyllis Marzullo, Director/Registered Agent of the business via certified
mail.
No one was present to represent American Car Cleaners, Inc. and the
Secretary to the Board reported notice of the hearing had been properly served.
The Assistant City Attorney requested the Board take judicial notice of
those City Code sections violated.
t,
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Mr. Angelis moved that concerning Case No. 35-89 regarding violation of
Sections 134.013(a) and 134.017(a)(1) of the Clearwater City Code on property
located at 1395 Missouri Ave., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 8th day of
March, 1989, and based on the evidence, the Municipal Code Enforcement Board
enters the following Ptndings of Pact, Conclusions of Law. and Order.
.', .
The Pindings of Fact arel after hearing testimony of Geri DOherty,
Development Code Inspector, and viewing the evidence, exhibits submitted I City
exhibit A, it is evident that there is a sign located at 1395 S. ~ssouri Ave. in
violation of the City Code.
o
The Conclusions of Law arel American Car Cleaners, Inc. is in violation of
Sections 134.013(a) and 134.017(a)(l).
It is the Order of this Board that American Car Cleaners, Inc. shall comply
with Sections 134.013(a) and 134.017(a)(1) of the Code of the City of Clearwater
by removing the sign by March 15. 1989. If American Car Cleaners, 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 American Car
Cleaners, 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 Statutes. Upon
complying, American Car Cleaners, Inc. shall notify Geri Doherty, the City
Official who shall inspect the property and notify the Board of compliance.
Should the violation reoccur, 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. The
motion was duly seconded and carried unanimously.
Done and Ordered this 8th day of March, 1989.
Case No. 36-89
Roxana and Janvsz Nowicki
(Development Code)
. ..;'\
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Geri Doherty, Development Code Inspector, stated on September 15, 1988, she
observed a eign hanging from a vehicle at 2054 Gulf-to-Bay Blvd., Clearwater,
Fla. City submitted composite exhibit A, photographs of sign hanging from the
vehicle. Ms. Doherty stated there is no pennit for the sign and no provision in
the Code to permit such a sign. Sho stated the violation regarding this sign is
now in compliance as the sign has been removed.
MCEB
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3/8/89
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The Assistant City Attorney requested the Board take judicial notice of the
Code sections in violation.
"
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Inspector Doherty stated there are two remaining violations - 1) a
directional sign on the building which does not require a permit but exceeds
allowable square footage and 2) a picture of a diamond in the window which has no
per.mit and is inconsistent with the code regarding allowable size. Ms. Doherty
stated as of March 1, 1989, these two violations still exist.
I
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The Assistant City Attorney requested the Board take judicial notice of
those code sections cited.
City submitted composite exhibit B, two photographs showing the directional
sign and the diamond sign in the window.
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No one was present to represent Roxana and Janvsz Nowicki.
: .~
Mr. Murray moved that concerning Case No. 36-89 regarding violation of
Sections 134.013(a) and 134.017(a){1) on property located at 2054 Gulf-to-Bay
Blvd., the Municipal Code Enforcement Board hearing held the 8th day of March,
1989, and based on the evidence, the Municipal Code Enforcement Board enters the
following Pindings af Fact, Conclusions of Law, and Order.
;,1
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o
The Pindings of Fact arer after hearing testimony of Geri Doherty,
Development Code Inspector, and viewing the evidence, exhibits submitted: City
composite exhibits A << B, it is evident that a sign hung from a,vehicle was in
violation on the dates cited, per.mits for signs were not applied for, the window
sign exceeds maximwm coverage allowed and the directional sign is in excess of
size allowed by Code.
The Conclusions of Law are: Roxana and Janvsz Nowicki are in violation of
Sections 134.013(a) and 134.017(a)(1).
o
It is the Order of this Board that Roxana and Janvsz Nowicki shall comply
with Sections 134.013(a) and 134.011(a)(1) of the Code of the City of Clearwater
by removing the directional and diamond signs within 7 days (March 15, 1989). If
Roxana and Janvsz Nowicki do not comply within the time specified, the Board may
order them to pay a fine of $50.00 per day per sign for each day the violations
continue to exist. If the sign on the vehicle should reappear, the Board may
consider a fine of $50.00 per day for each day the violation exists. If Roxana
and Janvsz Nowicki do 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(s) pursuant to Chapter l62, Florida
Statutes. Upon complying, Roxana and Janvsz Nowicki shall notify Geri Doherty,
the City Official who shall inspect the property and notify the Board of
compliance. Should the violation reoccur, 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. The motion was duly seconded and carried unanimously.
Done and Ordered this 8th day of March, 1989
MCEB
7
3/8/89
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PUBLIC NUISANCE LOT CLEARING LIST 89-03-1, 3/08/89
I. A.
1.
A.1e-,<ander Green
806 Carlton
Clearwater,
Street
FL "34615-3201
Albert Sweat
3022 19th A.ve South
St. Petersburg, FL 33712
REAL PROPERTY WHERE
2, North 100 feet
Vacant lot at the S.W.
Ave. THIS PERSONAL PROPERTY
8123236603, Tag 4W112931.
VIOLATION
of Lo t 9;
Corner
EXISTS: C.E. Jacksons SUB, nlock
parcel #10/29/15/43596/002/0091. The
of Carlton Street and Pennsylvania
TO WIT: 1962 Four Door Sedan Vin~
2.
Thomasine M.
1109 Macrae
Clearwater,
Carter
A.ve
FL 34615-3700
Shinel B. Smith
1137 LaSalle Street
Clearwater, FL 34615-3234
REAL
F, Lot
PROPERTY WHERE VIOLATION EXISTS: Greenwood
17, parcel *10/29/15/33552/006/0170.
about 1135 LaSalle Street, Clearwater,
PROPERTY TO WIT: 1977 Dodge Four Door
Park *2, Block
The vacant lot at or
Florida. THIS PERSONAL
VIN#NL41D7F1526D7 No TAG
tD
3.
Eva Harris
1006 Metto Street
Clearwater, Florida
34615
Do rothy Cook
1006 Metto Street
Clearwater, Florida
34615
REAL PROPERTY WHERE
Masons SUB, Lot 4 & 5;
PERSONAL PROPERTY TO WIT:
jLL29G4B413999.
VIOLATION EXIST: 1006 Metto Street,
parcel *10/29/15/55908/000/0040.
1974 White Dodge 2 door Vin
I A
THIS
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