05/10/1989
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In response to questions, Mr. Packer stated the vegetation does exceed the
twelve inches allowed by the Code. He stated the property is an abandoned gas
station and has been an ongoing problem.
Mr. Ange1is moved that concerning Item No. I, List 89-5-1 regarding violation
of Chapter 95 of the Clearwater City Code on property located at
100 Island Way aka M&B 13.06, Sec. 8/29/15, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 10th
day of May, 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 Vernon Packer, Sanitation
Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a
photograph of the property, it is evident that there exists the excessive growth
of weeds and the accumulation of debris at the above referenced address.
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the Conclusions of Law are: Mobil Oil Corporation is in violation of Section
95.04.
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It is the Order of this Board that Mobil Oil Corporation shall comply with
Section 95.04 of the Code of the City of Clearwater within 15 days (May 25, 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 Mobil Oil Corporation. 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, Mobil Oil Corporation shall notify Vicki Niemil1er, 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 10th day of May, 1989.
Item #2
Kirt C. Suominen and Kimberly A. Tupper
Plaza Park Sub., Blk. B, Lot 14
aka 1007 Jones Street
No one was present to represent the alleged violators.
Vernon Packer, Sanitation Inspector, stated the property was first inspected
February 3, 1989 after receiving a complaint by from a neighbor due to a rodent
problem. He stated the property has piles of leaves and other debris in the
alleyway and Sanitation does not pick up trash in alleyways. The property was
posted on March 29 and notice sent to the violator. Mr. Packer stated ownership
was verified through the Property Appraiser's Office.
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City submitted composite exhibit A, three photographs of the property taken
at the time of posting. Mr. Packer stated there has been no change in the condition
of the property since posting.
Mr. Cardinal moved that concerning Item No. 2, List 89-5-1 regarding violation
of Chapter 95 of the Clearwater City Code, on property located at
1007 Jones Street aka Plaza Park Sub., Blk. B, Lot 14 & W 1/2 Lot 13, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 10th day of May, 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 Vernon Packer, Sanitation
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A,
three photographs of the property, it ;s evident that there exists an accumulation
of debris at the above referenced address.
The Conclusions of Law are: Kirt C. Suominen and Kimberly A. Tupper are in
violation of Section 95.04.
It is the Order of this Board that Kirt C. Suominen and Kimberly A. Tupper
shall comply with Section 95.04 of the Code of the City of Clearwater within 10
days (5/22/89). 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 Kirt C. Suominen and Kimberly A. Tupper.
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, Kirt C. Suominen and
Kimberly A. Tupper 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 10th day of May, 1989.
Estate of Margaret Calderbank
dba Poinsettia Apartments
658 Poinsettia Avenue
(Occupational License (Complied Prior)
The Inspector requested this case be withdrawn as the violation has been
corrected.
Case No. 46-89
Mr. Cardinal moved to withdraw Case No. 46-89. The motion was duly seconded
and carried unanimously.
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Michael and Audrey Daly
950 Old Coachman Road
(Fire Code)
Robert Going, Life Hazard Safety Inspector, stated during a routi ne inspection
he observed an out of service fuel tank on the above referenced pro~erty. He stated
he verified ownersh ip of the property through the County Property Appra iser I s Offi ce
and the owners are aware of the problem. City submitted composite exhibit A, three
photographs of the property showing the in ground fuel tan!< and a diesel fuel
dispenser.
Case No. 61-89
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The Assistant City Attorney requested the affidavit of violation be amended
to change City Code Section "93.01(c)" to "93.01(b)". He requested the Board take
judicial notice of SFM 4A-34.002 and Section 93.01(b) of the City Code incorporating
State Fire Marshal's Rules and Regulations (SFM).
In response to questions, Inspector Going stated the tank has been out of
service approximately three years, therefore it does not fall into the category of
being temporarily out of service which allows 90 days. He stated the tank is not
properly safeguarded and needs to be removed or filled and sealed properly.
City submitted exhibit B, a letter from Mr. Daly referencing knowledge of
the violation and requesting an additional 90 days in which to comply.
In response to questions, Mr. Going stated there is one 3,000 gallon tank,
he does not know if there is fuel in the tank as he could not open the cap. The
current operation is an aluminum products company which has never used the tank.
Inspector Going stated the first notice of violation was issued February 7, 1989
at which time he gave Mr. Daly 60 days in which to comply. He stated any fuel in
the tank could possibly leak out into the water system.
Discussion ensued regarding methods available and length of time needed to
eliminate the hazardous condition. Inspector Going stated the Fire Department is
agreeable to 60 days.
Mr. Zinzow moved that concerning Case No. 61-89 regarding violation of
Section 4A-34.002 State Fire Marshal's SFM Rules and Re ulations as incorporated
by Section 93.01 B of the Clearwater City Code, on property located at 950 Old
Coachman Road, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 10th day of May, }989, 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 Robert Going, Life Hazard
Safety Inspector, and viewing the evidence. exhibits submitted: City composite
exhibit A, three photographs of the property and B, a letter submitted by Mr. Daly
requesting an extension of time to come into compliance, it is evident that an out
of service fuel tank is in place at the above referenced address.
The Conclusions of Law are: Michael and Audrey Daly are in violation of
Section 93.01(b) incorporating SFM Rules and Regulations 4A-34.002.
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It is the Order of this Board that Michael and Audrey Daly shall comply with
Section 93.01(B) of the Code of the City of Clearwater by Mav 31. 1989 by complying
with SFM Rules and Regulations Section 4A-34.005 or 4A-34.006. If Michael and
Audrey Daly do 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
Michael and Audrey Daly do not comply within the time specified, a certified copy
of the Order imposing the fine may be recorded in the Public Records of, 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 and Audrey Daly shall notify Robert Going, 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.
Concern was expres sed whether or not the allotted time for comp 1 i ance was
sufficient. Mr. Dallman moved to amend the order to change compliance date to June
30, 1989 provided the Fire Department was in agreement. Inspector Going stated June
30 was acceptab le. The mot ion was du ly seconded. Upon the vote bei ng taken,
Messrs. Dallman, Cardinal, Angel is and Murray voted "aye. II Messrs. Aude and Zin20w
voted "Nay." Motion carried.
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Upon the vote being taken on the amended motion, the motion carried
unanimously.
c:J Done and Ordered this 10th day of May, 1989.
UNFINISHED BUSINESS
Public Nuisance ClearinQ List 9-4-1
Item No. 1
William E. and Willie J. Turner
900 Pennsylvania Ave. aka
Pine Crest Sub., Blk. 2, Lot 7
Affidavit of Compliance
Mr. Cardinal moved to accept the Affidavit of Compliance regarding Item No.
1, list 89-4-1. The motion was duly seconded and carried unanimously.
Item No.2
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John H. Ford
1115 N. Betty Lane aka
Pine Brook Sub., Unit 2, Blk. E, lot 10
Affidavit of Non-Compliance
and
Joseph R. and Nadine F. Klima
about 3400 lake Shore lane aka
Wynwoods Landing, lot 9
Affidavit of Non-Compliance
Mr. Angelis moved to accept the Affidavits of Non-Compliance regarding List
89-4-1, Items No.2 & 3. The motion was duly seconded and carried unanimously.
Item No. 3
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