04/12/1989
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MUNICIPAL CODE ENFORCEMENT BOARD
Apri 1 12, 1989
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CI) Members present:
Robert Aude, Vice-Chairman
James Angel is
Bruce Cal'dinal
Will iam Murray
William Zinzow
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Absent:
Phillip N. Elliott, Chairman (excused)
Vacant Seat
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Also present:
Rob Surette, Assistant City Attorney
Cynthia E. Goudeau, Secretary for the Board
In order to provide continuity for research, the items will be ~isted in agenda
order although not necessarily discussed in that order.
The meeting was called to order by the Vice-Chairman at 3:00 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and advised any
aggrieved party may appeal a final administrative 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.
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PUBLIC HEARl NGS
Public Nuisance List 89-4-1
William E. Turner/Willie J. Turner
Pine Crest Sub., Block 2, lot 7
aka 900 Pennsylvania Avenue
There was no one present to represent the violators.
Item 11
Vicki Niemiller, Sanitation Inspector, stated there were several vehicles on
the subject property when she first observed the violation. She reinspected the
morn ing of April 12th at which time all but one vehi cle had been removed. She
stated she verified ownership of the real property at the Pinellas County Property
Appraiser1s Office. Ms. Niemiller stated the vehicle, a blue Plymouth Reliant, has
no current tag and the windshield is broken. City submitted Exhibit A, a photograph
of the vehicle.
The Assistant City Attorney requested the Board take judicial notice of F.S.
316.2952 regarding automobile windshields.
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Ms. Niemiller stated she sent notice of the violation certified mail to the
real property owner and owner and lienholder of the automobile, which she determined
from the Department of Motor Vehicles, and she did get return receipt from the real
property owner and lienholder of the automobile.
Mr. Angelis moved that concerning Public Nuisance List 89-4-1, Item #1,
regarding violation of Chapter 95 of the Clearwater City Code on property located
at 900 Pennsylvania Ave. a/k/a Pine Crest Sub., Block 2, Lot 7, Clearwater, Fla"
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 12th day of April, 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 are: after hearing testimony of Vicki Niemiller,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit
A, a photograph of the property showing the vehicle in violation, it is evident
that there does exist the accumulation of debris at the above address.
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The Conclusions of law are: William E. Turner and Willie J. Turner are in
violation of Section 95.04.
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It is the Order of this Board that William E. Turner/Willie J. Turner shall
comply with Section 95.04 of the Code of the City of Clearwater within 10 days
(4/24/89). 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 William E. Turner/Willie J. Turner. The City
Commission may then adopt a Resolution assessing against the prpperty 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, William E. Turner/Willie
J. Turner shall notify Vicki Niemiller, the City Official who shall inspect the
property and notify the Board of compliance. Should a dispute arise concerning
comp 1 i ance I ei tiler party may request a further heari ng before the Board. The motion
was duly seconded and carried unanimously.
Done and Ordered this 12th day of April, 1989.
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I tern #2
John H. Ford
Pine Brook Sub., Unit 2, Block E, Lot 10
aka 1115 N. Betty lane
There was no one present to represent Mr. Ford.
Vicki Niemiller, Sanitation Inspector, stated the property is overgrown and
has an accumulation of debris. She sent notice of violation certified mail and
the return receipt was received. Ms. Niemiller stated she rechecked the property
the morning of the hearing and the property is still in violation. City submitted
Exhibit A, a photograph of the subject property.
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Mr. Murray moved that concerning Public Nuisance List 89-4-1, Item #2,
regarding violation of Chapter 95 of the Clearwater City Code on property located
at 1115 N. Betty Lane a/k/a Pine Brook Sub., Unit 2, Block E, Lot 10, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 12th day of April, 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 are: after hearing testimony of Vicki Niemiller,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit
A, a photograph of the subject property, it is evident that there does exist the
excessive growth or accumulation of weeds, undergrowth or other similar plant
materials, and the accumulation of debris at the above referenced address.
The Conclusions of Law are: John H. Ford is in violation of Section 95.04.
"
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It is the Order of this Board that John H. Ford shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (4/24/89). 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 John H. Ford. 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, John H. Ford shall notify Vicki Niemiller, 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 12th day of April, 1989.
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Joseph R./Nadine F. Klima
about 3400 Lake Shore Lane
aka Wynwoods Landing, Lot 9
There was no one present to represent the violators.
Item #3
Vicki Nierniller, Sanitation Inspector, stated she observed several piles of
trash on the subject property. She sent notice of the violation certified mail of
which the she received return receipt. City submitted exhibit A, a photograph of
the subject property. Ms. Niemiller stated she rechecked the property the morning
of the hearing and it is still in violation.
Mr. Cardinal moved that concerning Public Nuisance List B9-4-1, Item #3,
regarding violation of Chapter 95 of the Clearwater City Code on property located
at about 3400 Lake Shore Land a/k/a Wynwoods Landing, Lot 9, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 12th day of April, 1989, 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 Vicki Niemiller,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit
A, a photograph of the subject property, it is evident that there does exist the
accumulation of debris at the above referenced address.
The Conclusions of law are: Joseph R. and Nadine F. Klima are in violation
of Section 95.04.
It is the Order of this Board that Joseph R. and Nadine F. Klima shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (4/24/89).
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 Joseph R. or Nadine F. Klima. 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 agai.nst the property
until paid. Upon complying, Joseph R./Nadine F. Kl ima shall notify Vicki Niemiller,
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 12th day of April, 1989.
i
Case No. 39-89
Bay Petroleum, Inc. d/b/a Gulf-to-Bay Shell
1551 Gulf-to-Bay Boulevard
(False Alarm) Cont. from 3/22189
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent on December 13 and 23, 1988 and a false alarm occurred on January 23,
1989. There was no evidence of criminal activity or other circumstances to set off
the alarm. He stated the subscriber was contacted but did not respond.
Stelios Gounis, representing Bay Petroleum, Inc., stated on one occurrence
the office was broken into and money was stolen. He stated he always responds to
the alarms when called.
Officer Dunn stated one of the occurrences was caused by an attendant at the
station who accidentally pushed the intrusion alarm button.
Discussion ensued regarding when the theft incident occurred. Mr. Gounis
stated it was less than six months ago. Upon checking the Police Department
records, it was verified a burglary did occur in May of 1988.
City submitted composite exhibit A, a copy of the case records submitted by
the Police Department.
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Mr. Angelis moved that concerning Case No. 39-89 regarding violation of
Section 94.02 Of the Clearwater City Code on property located at 1551 Gulf-to-Bay
Blvd., the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 12th day of April, 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 are: after hearing testimony of Officer Charles Dunn,
Clearwater Police Department, and Stelios Gounis, and viewing the evidence, exhibits
submitted: City composite exhibit A, a copy of the case records submitted by the
Police Department, it is evident the Clearwater Police Department has mailed two
courtesy warnings within a one-year period and a false alarm occurred after the date
of the second courtesy warning and within one year of the date of the first courtesy
warning.
The Conclusions of Law are: Bay Petroleum, Inc. is in violation of Section
94.02.
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It is the Order of this Board that Bay Petroleum, Inc. shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 1551 Gulf-to-Bay Blvd. after April 14, 1989. Should
the violation reoccur after April 14, 1989, the Board has the authority to impose
a fine of up to $250.00 for each additional false alarm occurring within one year
from the date the first courtesy warning was mailed.
If the Board imposes a fine, a certified copy of the Order imposing the fine may
be recorded in the public records of Pinellas County, Florida, a~d once recorded
shall constitute a lien against any real or personal property owned by the violator
pursuant to Chapter 162, Florida Statutes. The motion was duly seconded and carried
unanimously.
o
Done and Ordered this 12th day of April, 1989.
William Aldridge d/b/a House of Aldridge
(Occupational License) Complied
The Secretary to the Board requested this case be withdrawn as the violation
has been corrected.
Case No. 44-89
Mr. Cardinal moved to withdraw Case No. 44-89. The motion was duly seconded
and carried unanimously.
Dino Petrakis d/b/a Costa Dinos
(Occupational License) Complied
The Secretary to the Board requested this case be withdrawn as the violation
has been corrected.
Case No. 45-89
Mr. Angelis moved to withdraw Case No. 45-89, The motion w~s duly seconded
and carried unanimously.
Case No. 46-89
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Margaret Calderbank d/b/a Poinsettia Apartments
(Occupational license)
The Secretary informed the Board service of the Notice of Hearing was not
obtained.
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Mr. Card ina 1 moved to continue Case No. 46-89 in order to obtain prope
service. The motion was duly seconded and carried unanimously.
Case No. 47-89
A-Plus Restaurant Equipment Inc.
1510 lakeview Road
(Development Code)
Geri Doherty, Development Code Inspector, stated she observed outdoor cleani 9
and repair of restaurant equipment at 1510 Lakeview Road. A-Plus Equipment In .
buys used equipment, cleans and repairs it and then sells it at the referenc d
address. She stated the property is zoned CG (general commercial) for which the e
are 14 permitted uses including indoor retail sales, however the outdoor part f
the operation is not permitted. Ms. Doherty stated indoor retail sales use mu t
be entirely indoors. City submitted composite exhibits A, B & C, photographs f
the property taken March 15, 29 and April 12, 1989 respectively. Ms. Doherty re d
into the record the definition of manufacturing as stated in the City Code whi h
includes the cleaning and refinishing of goods. She stated this use would e
allowed if zoned for manufacturing. In response to a question if the use would e
allowed if done indoors, Ms. Doherty stated it is still considered manufacturi 9
and is not permitted in the CG zoning. She stated as of the morning of the heari 9,
the violation still exists.
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The Assistant City Attorney requested the Board take judicial notice
Sections 135.004(b) regarding the violation, 137.005, definitions and 135.1
permitted uses.
Jerry Agar, President of A-Plus Equipment Inc., stated they have anot er
location for the cleaning and repair of the equipment but it would not be retdY
until the end of the month.
Discussion ensued regarding the fact that several notices were issued to he
violator since February 1, 1989 and how much more time should be allowed.
Mr. Murray moved that concerning Case No. 47-89 regarding violation of
Section 135.004(b) of the Clearwater City Code on property located at 1510 Lake iew
Rd. a/k/a the east portion of Lot 1, Forest Hill Estates Unit 5, the Municipal ode
Enforcement Board has heard testimony at the Mun icipa 1 Code Enforcement Bard
hearing held the 12th day of April, 1989, and based on the evidence, the Munic pal
Code Enforcement Board enters the following Findings of Fact, Conclusions of aw,
and Order.
'"I
The Findings of Fact are: after hearing testimony of Geri Doherty, Develop ent
Code Inspector, and Jerry Agar, and viewing the evidence, exhibits submitted: ity
exhibits A, B & C, photographs of the property in violation, it is evident hat
restaurant equipment is being cleaned and repaired at the above referenced add ess
inconsistent with the land use as specified by Code.
The Conclusions of Law are: A-Plus Restaurant Equipment Inc. is in violation
of Section 135.004(b).
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It is the Order of this Board that A-Plus Restaurant Equipment Inc. shall
comply with Section 135.004(b) of the Code of the City of Clearwater by April 21,
1989. If A-Plus Restaurant Equipment 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 A-Plus Restaurant Equipment Inc. does not
comply within the time specified, a certified copy of the Order imposing the fine
may be recorded in the Pub 1 i c Records of, F 1 or i da, and once recorded sha 11
constitute alien against any real or personal property owned by the violator
pursuant to Chapter 162, Florida Statutes. Upon complying, A-Plus Restaurant
Equipment 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 du ly seconded and carried
unanimously.
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Done and Ordered this 12th day of April, 1989.
UNFINISHED BUSINESS
Case No. 9-89
Drakeford, Inc.
1594 S. Myrtle Ave.
(Life Safety Hazard)
Affidavit of Non-Compliance
The Vice-Chairman of the Board recommended the Inspector recheck the property
immediately as it is a hazardous condition. .
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Mr. Angelis moved to accept the Affidavit of Non-Compliance and issue an
order imposing the fine. The motion was duly seconded and carried unanimously.
,Case No. 35-89
American Car Cleaners, Inc.
(Development Code)
Affidavit of Compliance
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 35-89.
The motion was duly seconded and carried unanimously.
Case No. 36-89
Roxana & Janvsz Nowicki
(Development Code)
Affidavit of Compliance
Mr. Murray moved to accept the Affidavit of Compliance in Case No. 36-89.
The motion was duly seconded and carried unanimously.
list 89-3-2
Item 61
Richard M. Lennon
1101-1115 Lakeview Road
Affidavit of Compliance
Mr. Cardinal moved to accept the Affidavit of Compl iance in the above
referenced case. The motion was duly seconded and carried unanimously.
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Case No. 126-88
Case No. 127-88
Michael Podniestrzanski
(Development Code)
Address Board re fines
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Mr. Podniestrzanski stated he was in compliance sometime in December but was
not aware he needed to call the Inspector to come out to the property.
The Secretary informed the Board Mr. Podniestrzanski signed for the initial
Order of the Board which states the violator must contact the inspector upon
compliance.
The Assistant City Attorney stated the files show nothing to verify what Mr.
Podniestrzanski has stated and Carol Cicero, the Inspector in this case, no longer
works for the City. He suggested that an affidavit from Ms. Cicero to clarify the
circumstances and compliance date could be acquired for presentation to the Board
at the next meeting.
Mr. Murray moved to continue this item to the meeting of April 26, 1989 in
order to obtain further information. The motion was duly seconded and carried
unanimously.
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OTHER BOARD ACTION
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Fine Status Report
The Fine Status Report was reviewed.
Discussion ensued regarding the ability to collect on large fines, and at
what point or dollar amount liens should be filed. It was stated the Board does
not want to be too soft on fines, yet at the same time the fine imposed should be
a payable amount.
NEW BUSINESS
Discussion ensued regarding proposed State legislation giving more authority
to code enforcement boards and possible compensation.
The Vice-Chairman of the Board requested the records indicate the Board's
desire to present a resolution or citation to the Morris family in recognition of
Frank Morris' contributions and extending their respect and appreciation.
MINUTES
Meeting of March 22, 1989
Mr. Murray moved to approve the minutes of the
submitted. The motion was duly seconded and carried
The meeting adjourned at 4:50 p.m.
March 22, 1989 as
Attest:
Cj~~. -NQ1- \Ch"1l
Sec~tary
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