09/13/1989 (2)
r-
..~
____~~~~~~!a"'::.~J'i~_~.!~.:!~~~"'~\:'.~"1OiIt.,~~~----~
o
MUNICIPAL CODE ENFORCENENT BOARD
Meeting of September 13, 1989, 3:00 p.m.
,,:......4!.:...;~~:.;,.;;v:~t),j.::..:~1,~U..N.~..:~1~t;.~~~-':..~~~...,~.!
Agenda
Action
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 assessed in case of non-compliance.)
Public Nuisance Clearing List 89-9-1
Joe R. Wolfe
about 899 Bay Esplanade
Comply within 10 days
((9/25/89)
Robert D. Hall
1844 Overbrook
Comply within 10 days
(9/25/89)
Clark W. Mills
about 709 Vine Ave.
Comply within 10 days
(9/25/89)
Anne M. Caballero
1453 Sunset Point Rd.
Comply within 10 days
(9/25/89)
Keramat Fahari
3274 Beaver Dr.
Comply within 10 days
(9/25/89)
Lousiana Life Ins. Co. Inc.
1201-1215 Drew St.
Comply within 10 days
(9/25/89)
Christine Keno
915 Engman St./1206 Pennsylvania Ave.
(Building Code)
Comply within 30 days
(10/13/89)
Case No. 91-89
James & Isabella Tracey
d/b/a Anchor Mini Mart
207 Coronado Dr.
(Land Development)
Comply by 9/30/89
Case No. 103-89
Antonios Markopoulos
100 Coronado Dr.
(Building Code)
Withdrawn
Case No. 38-89
John F. Hurley
32 Leward Isle
(False Alarm)
Withdrawn
Case No. 51-98
Michael/Elefterios Kekklas
1641 Midnight Pass Way
(False Alarms)
Fined $100
~...
-,';';,'y
.... .'
'-,)\",.'
MCEB
9/13/89
1
'..
~
.[T...
,.
, .
\ .
, .
"
c.
I . ..
~.
.! \'
.. ... . . ""'om' . '... 'i.oi! ':~i _ "., ;i;(.~,;.?~'~""~~~1~~~.tttf.tt~tiri~1J'.,""~",'<>'r;,;, '~- .~:., ~~~'..., .. ...... ~. . . .
, ;;.r; ~'C. ..,~...Il:.,W.,.. r,.;...-.,[.. ;>\1'.... -~..'...f!....,..'..,.ur"tl#~..;'.~"..;t7'~...,,':t~:);..,.,. .. ""..",< . ,,11M. . _
~_",~~.m.~~..<i:"u,.... ""~.".,,j\8iL~.,"._..__.,._.... "i}.,.,,,.I-........,... ._.._.l..~" . ..(::.,...\1..._,.........,.'-'...>'...... ",..'. $ll...~~~t"..~~,,~. ..
ocase No. 64-89 Landmark Towers Condominium Association Dismissed
1230 Gulf Blvd.
(False Alarms)
Case No. 66-89 Crossland Savings fined $100
1831 N. Highland Ave.
(False Alarms)
Case No. 68-89 Consolidated Southern Security, Inc. fined $100
520 Howard Court
(False Alarms)
Case No. 29-89 S & A Restaurant Corporation Withdrawn
d/b/a Key West Grill Inc.
2660 Gulf to Bay Blvd.
(False Alarms)
Case No. 109-89 Roger Hayden Withdrawn
783 Bay Esplanade
(False Alarms)
Case No. 118-89 Office Products Warehouse, Inc. Withdrawn
2010 State Road 60
(False Alarms)
Case No. 119-89 David A. Bernstein, M.D., P.A. Withdrawn
0 2424 Enterprise Rd., Suite C
(False Alarms)
Case No. 120-89 Stuart Rose Withdrawn
d/b/a T.V. and Stereo Town
1928 Gulf to Bay Blvd.
(False Alarms)
Case No. 121-89 Sun Services of America, Inc. Withdrawn
d/b/a Clean Care Coin Laundry
504 Eldridge St.
(False Alarms)
Case No. 122-89 Lokey Motors Company Withdrawn
2340 Gulf to Bay Blvd.
(Land Development)
UNFINISHED BUSINESS
Case No. 115-89 Subway Capital Partners, Inc. Corrected name to T & M
(T & M Development, Inc.) Development, Inc.
Subway Sandwiches & Salads
2569 Countryside Blvd., #10
(False Alarms)
@
..::."
MCEB 9/13/89
2
r
.,
'" ....:1;
'r
;, ,',
. , .
r
.~
. J
( .
. '," ,'., .': '.... . ~. ,14.""%' ",. ':\is' ~. ;M<t1'~'\<f.>1~'""":\~~~~~".;t,rr;5Ii~)t~'~r~~~~~~~~,)z~~~'~'~~~~~~.~~ ..~-. ~,~jj""';~ .:;':,., '"...., .... '. ~', "'.' ..:~. '..' "
....,'A",.""........,.v.~.~,.~,,='''''''''-..>i''''_..''',Ii\.~.b~I~~l'llI~\nI,~"~~,"'~''!rlr'.' ..,,~..., ,.A;'.~.\' tl.' ," ",\. ')f:-:;;,/'~ ",.....;.,..~.."..; ~.., ',''l-'\:!..1..Jiii't,!1;f1J 11;',;;.. .;",t1r^~,..~~i""!:~~<<~t;\!i\~i~,.
J"'~".~'4...o..w.~'~':-,jC.J\";~r<Jr.~~,..",......t.U-*';'.'!I>.,..\..-vn~\:....~.:r:.':I;.'f:l1L.........f..v.._..~ :.. O,~\~-4.~'.~~ "'.,.....1 .../......,.. <_ _." ~.~,... ~ ..,'_ . _1.. ." )-.....,....., ....>_. ._" ,... .-. ..... _f..,,..,,,,,,." ,...., n"'~ "':o.H~X...___~ "'..~llI~~....'~~u,...~>_~,J;~~~__~~~Ji.
,
... '11
. .
o
PUBLIC NUISANCE CLEARING LIST 89-09-1, 9/13/89
1. Vacant
Lot
Joe R.
34615.
lot
4 and RIP
Wolfe,
about 899 Bay
rights:
20 North
Esplanade: N 8a' MOL of S 98' MOL of
parcel #05/29/15/54738/000/0040. OWned by:
Fort Harrison Avenue, Clearwater, Florida
2. Vacant lot la44 Overbrook: Sunset Point: First Addition, Block
C, Lot a: parcel #03/29/15/88110/004/0080. Owned by: Robert D.
Hall C/O Smith/Weissing, 609 West Azeele Street, Tampa, Florida
33606.
3. AKA the vacant jot at or about 709 Vine Avenue: Pinecrest
SUB, Block 8, Lot 19, parcel 110/29/15/69138/008/0190. Owned by:
Clark W. Mills, 1028 Sunneydale Drive, Clearwater, Florida
34615-1437.
4.
in
Bounds 32-05
Anne
Coral
1453 Sunset Point Road -- Old Farm Store: Metes &
02/29/15: parcel #02/29/15/00000/320/0500. Owned by:
M. Caballero, C/O Farm Stores 6408, 1336 Alegriano Avenue,
Gables, Florida 33146-1102.
o
5. 904
parcel
Beaver
Hart Street: Plaza Park SUB,
110/29/15/72000/005/0090.
Drive, Clearwater, Florida
Block E, Lots
Owned by: Reramat
34621-2200.
9 and 10:
Fahar i ,
3274
6. 1201-1215 Drew Street:
65 feet and Less 15 feet:
by: Lousiana Life Ins.
Florida 34617-8899.
Padgett Estates SUB, Lot 1, Less South
parcel i15/29/15/65286/000/0010. Owned
Co. Inc., P. O. Box 899, Clearwater,
@..
. ~.~ .>
. {'l"'
.r
;". '~
T-
r
r
I
:-;
, ..
. . .
" .
.rt.'t\J:~::"~7~;1 ~:};'1:'t:''':~~f:.~~!:'f.:'':~:r~,:,,;~. "~:~:-,r;i~'{Ct"~~J:\~J~~r: ;?'JY:-~::~~':.:": \y: !::.~.~:~~ ':. ':''-: <.,:t; ~: '". :': '~::,
. '~\:~:';~:~:J~':t;; .~'.~::~~'
~
1
i
I
o
Mr. Angelis moved that concerning Case No.1 of Public Nuisance Clearing List
89-9-1 regarding violation of Chapter 95 of the Clearwater City Code on property
located at about 899 Bay Esplanade, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 13th day of
September, 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 composite
exhibit A, a copy of the file of record, it is evident that there exists the
excessive growth or accumulat'ion of weeds at the above address.
The Conclusions of law are: Joe R. Wolfe is in violation of Section 95.04.
I
!
., 0
. .
It is the Order of this Board that Joe R. Wolfe shall comply with Section
95.04 of the Code of the City of Clearwater within 10 davs (9/25/89). 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 conditiol1, without
further notice to Joe R. Wolfe. 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, Joe R. Wolfe 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 13th day of September, 1989.
',. .
\.
.1
,
Robert D. Hall
1844 Overbrook
Sunset Point, 1st Addn., Blk. C, lot 8
Vicki Neimiller, Sanitation Inspector, stated ownership of the property was
determined through the Property Appraiser's office, notice was sent certified mail
and a signed receipt was returned. City submitted composite exhibit A, a copy of
the record of file depicting dates of inspection, posting, notices sent and
photographs taken showing the condition of the property. She stated the property
was reinspected this morning and the violation still exists.
Case No. 2
No one was present to represent the violator.
Mr. Murray moved that concerning Case No.2 of Public Nuisance Clearing List
89-9-1 regarding violation of Chapter 95 of the Clearwater City Code on property
located at 1844 Overbrook, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 13th day of September,
1989, and based on the evidence, the Municipal Code Enforc~t Board enters the
~ following Findings of Fact, Conclusions of Law, and Order.
U
MCEB
2
9/13/89
-
r
..
r
..7].. .'.
. .
"j" ",'/' ,',
. '. ..
.;.....':'.,>.;
t' . . >".. ~ :'(.;': '
"1,,',, ','-: '~"~;,':<:: ~;~>I~\' ':,,~
"'.,' ...
~...:.
., .... ..
;
.
r-~
~
..
') ;
.
~l?o.!1;':\it7~~!:t:ci;j',~;,':~,iI~~,I,71~'",":\~-;f!:t'.f':!); .:: ~~/fc";:\7::if'f;!~i~{1~? J:0~~((i:.t,:i\ ~\; ~~;}y'.:,~i~; f f!;",\:,::S:;
}itr;j'.:': <r. ',': .;': ;.,,'>~,~ .';<,::" ,~.;i~;:":;"~~;{::'~;;~~t;';~!":7-~Jy'j;;~;"fh~~~~~.~~i:~~~j\r::~(,~Ji'
-
f
I
.' .'
, :,
I
1
1
1
o
The Findings of Fact are: after hearing testimony of Vicki Niemi1ler,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite
exhibit A, a copy of the file of record, it is evident that there exists the
excessive growth or accumulation of weeds or the accumulation of debris at the above
address.
,J :'
.,....
\ ',,' ..
...
: H.
-.' :'.
,.; .1
,,',,\;' .
,
1
..,
i
The Conclusions of Law are: Robert D. Hall is in violation of Section 95.04.
It is the Drder of this Board that Robert o. Hall shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (9/25/89). 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 Robert D. Hall. 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, Robert D. Hall shall notify ~icki 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 13th day of September, 1989.
. .
. ......., ...".":::';: .
... u ',....>?;y,; ...;:~'I;;<~:::.,'.(:
.., ,.'. >'"..;.;,.. :'c;,; ::;';',,:.':: .
.. ,. ..<. '>':.,';::,,: ;.;:.t ....:
.. ... '. ,:\,{;,.\.~/; ..
. .: . ...'. ,:.,<..; '.';
.. ":.'.:::,;.',,,,,.'. :"(:;,:. :..
. .. ;;",.:.;'i,/',:,.:,,;.:,:</ :'i>',:
. .. ... . ::P::C:i.'.{'~/l~~;'\: i":.'
. " .' '(>,;~ :! (,
.. . ... ., ;.'., ;::;:,: .,,'
... ... :,;...::' ..;>:'t
...; .,:!'f::.;".::Y>;'/
. . '. ! . '. ' ' ~
,..;: .:<:'.':,:}"\~; ':..':~
, . :'.:';:.>.';
:.,'. .
'.,S
.......
, :. ,. ~.
" . f
,'. .
. . ~ ."
. .
. '.
. .
;,
. ... ~.\
'. .'\ " " I
'::.,';
"'J..
:::}.:~, . ".>~. J
.:').;; :.,::: .......:,.,...,' ,
<<'i/;: "~3;;;:.'::;::.
\. :"."".;,~i>;:,, ..; > ,
i:...
~:';>,i:/.'. .. '.... '.. .
'>.."';. ',:. ...
'::":;;, , :.,'.'
i:i;":-, i,., ::.' '.':..;'.
,;;:;';:'.i.;,;F>.~ ..
,::.:\'? .'i
.!:/:,~
.,. ,...'.:'
.,,:.: .:
. >..... ~ "
..
'.'L'~
..',....'
.:;
;.:;. ;:;.;
': .,;,
"~ 'i
.,~.;
'."
:::';~r
~ .t::~.
I ".,.
:W2t
..,,~ :.~
?:}ft ;7., ':;~
.;:'..::\;:-
.,.,~~:::,;,,\: .. ...
<: ).,,.~,;
MCEB
3
9/13/89
..;:.;,;.
. .., i.::.'':
.'. f" :..::';"; .
.':':..~....,:,;:..?'.:'; ,i.,. .
');i:>.:;.;}( f:';"...'
.. '..'.\;~:... '>'".c" ,..... \
.'. ,.. .;, .,j:;.:"'~'J'/- ;c' :C"
'. . :'. . ..'::~:iP.:;'/~.i'}\{ ",: .e
... :;: ~', '. .>; ':':.;' :'/:\,:: 't:'"
: ..... . .;,.):'; .:'. /:;~: <
; ,... '. ':'::';":.,\,:\,
. . .'. ...;. .."';>::, . .;'
I' -.:( ". .._,/>D~S~ :.;:;: "l
I .. '. ' j. c.: .... .. . ~:,
..,. ..: .. ",..:.:..:,;:.:;.
::'.';<;~::.:
':,.:' .:; .::
... ..'...:;,;>:..::
.. ,';:../ ':::~':'
'~~}<"'}i~i:~};:~';< ':.:: ,.)
... .:.:.;.;,;:, c': ..:;. rt::
.. ;.:,...".....:: ><:':,; ../
.. ,. :.:.;;" >: ":'~ \:.:
'. :.<'.: .,;:>.,;:.; ;n:.
'., "'i:;;:;<' ;,;
, : ..:,>:,;i/:'..:c ::~<;'.;'..
..' .' :.:>:->: >",. :,; L.
", ,-,' ,~.~_:~ :,' (::':,'.~; "
. ...:{::/:::,:~;....;.;':.'. ?:;;,
.., ,. ..: .:. . ..-:.::..::;....< ;.;"..,'.:':.'.' ,
. ... ';:,'i,.. ...;".
/,': :;.'.;.< :..::;:,.'
:. ":JIL::;:j.;.:::\ '.'i:.'.
. .. '., ;:.i..
.. .. .;
. . ',';'.';:.' }y: ':.'.\ ,;.:
,f . : .,,.' ".'j' '. ';)i,/:,:;'>i..;?,'
:, '.' .' '. :':':.:>'.' :,',' :, :~:,; .
'.:~\'.. : . '.. .. ...'.:',::, .' ;.,
- ..... ,...,.':..>.,:,.>.
~j;;: ';',:,.,,>/ " ,
f/i:' . ,.:'. . ..',',;.:;.>~:" ., J;.;
,.. .:;;..,.. ..';. '. .::..~:. : .
. .,ll! .....'...",..
.'.._;-~~~ i,\.h;',;J." ;':<.... ,
'.,.......' .... .".:.;< ..
::,'.:'; :::; ,.
, , ...~.
,..
\ '
.,:,:';
:, ,
.1
i~>:i:
':;~;
o
Clark W. Mi 11s
about 709 Vine Avenue
Pinecrest Sub., Blk. 8, Lot 19
Vicki Neimi ller, Sanitation Inspector, stated ownership was determined through
the Property Appraiser's office. City submitted composite exhibit A, a copy of the
file of record depicting dates of inspection, posting and notices sent and including
photographs taken showing the condition of the property.
Case No. 3
:;
.,.
,..
~? :.~.~:
P,l
>'"
.~.: '.., :.
'.c::';.,::// .
:-:' <\:
,,:. :./:;,,
,;..'
:c:'. F..:..'.
.'/.
'.';;'.:>
'.'.':
...;,
,...
,..
:%IK1&~
i '.
" .
ft"',,:'
.:-;
No one was present to represent the violator.
Mr. Murray moved that concerning Case No.3 of Public Nuisance Clearing List
89-9-1 regarding violation of Chapter 95 of the Clearwater City Code on property
located at about 709 Vine Ave., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 13th day of
September, 19~9, and based on the evidence, the Municipal Code Enforcement Board
enters the foliowing 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 composite
exhibit A, a copy of the file of record, it is evident that there exists the
excessive growth or accumulation of weeds or the accumulation of debris at the above
address.
'..'"
,;;
" I"
., .
,
"
[?it~;~:
:.' ~..
,..
. .,~
\<.;.,;<
)..::
CD
,.<(
,.
(
I;
'J."
.... ..,' .~~~A~.,..~~ ,... .......'.,. - "'. ,'.:.::iji;;)'; ';'::.:';::;;;7~:;,;i~;?!,I:'~~i:2i't:!:~1~~!l\):;"
, ,t{t':, ;;~::'.<'~:~, .:{~~':.:.'.: ;"~.~)~+~~~;J.~i:,,.~;;~i~i'i~~,~~.i,.,;;~*,~~~~~~,~,:.!;.~,:~,;.~~.'i~.~,~,:~,lL,;i~.f.:~~,~~.~,''';:,~.I.~.\..:.; ~ ---' ~~l~~.::~~?;:~~,.....,~,. ..' ~
':';~;'Y?~'?i;l\MS{' ~: .. " '-.., -.. ~~::;:",.. -.."~~
'.:,,):!,,': <.?i,...,'.' ;;.:';: ':,. ..
.,~.. ...
',1.
:",. .,..
, t
.-~, '",>,-' 'f'i' ~..t'lj"~"".-",:"",,,,,,
Pi,
.,.. ~..-
"
">:',;,~;;' .: .'
~4iJi,~~.,I" ,~. 1
~'. :" ,_ '.~ ::~I~ ':7 ,.' ~.
" }'",' . .
,;;.
. ,; ~ ~ . . . ,.:~,.'
,"'.
, .
'\,',
,
......... .... .' .'i)I;: .....
..~:..'
-
":".::',.,:;. "
" "
-
..,
r
..r-
,I. .
r-
1
~,
...~.~??;~':~:.:tC/il::i';'U?'Jt(:,n:::~:;r[;':lir-:;:'{ ~<+{.,;,~~,:'~"t:;1;:~:,;;~Y'?~:;;'('~~01:r:'r~?1f:q?T/::~:;;;\':(~1:.:,:,;t;1i*~::.:r.,::':~'t/;:,;::?Y!~~~'''.:~ :~:Y~;::::r?i~;.:-';it05~i~?j~t{~:j1~I~~!:f~i:~)if1:~~~~Yt~;?(1~:i'~f"r~,:';';j0;<;'!ll!::;\~~?1:'
. ,
.1 "
o
!
"V.<
\ . \
. :\
, i
o
CD
", .
The Conclusions of Law are: Clark W. Mills is in violation of Section 95.04.
It is the Order of this Board that Clark W. Mills shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (9/25/89). 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 Clark W. Mills. 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, Clark W. Mills 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 13th day of September, 1989.
Case No. 4
Anne M. Caballero
1453 Sunset Point Road
M&B 32.05, Sec. 2-29-15
Vi ck i Neimi ller, San itat ion Inspector, stated ownersh i p was determined through
the Property Appraiser's office. City submitted composite exhibit A, a copy of the
record of file depicting dates of inspection, posting, notices sent and photographs
taken of the property. She stated the property is still in violation as of this
morning's reinspection.
No one was present to represent the violator.
Mr. Murray moved that concerning Case No.4 of Public Nuisance Clearing List
89-9-1 regarding violation of Chapter 95 of the Clearwater City Code on property
located at 1453 Sunset Point Road, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 13th day of
September, 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 composite
exhibit A, a copy of the file of record, it is evident that there exists the
excessive growth or accumulation of weeds or the accumulation of debris at the above
address.
The Conclusions of Law are: Anne M. Caballero is in violation of Section
95.04.
MCEB
4
9/13/89
, '
iJ" ..
" .', .,'
.,'., ':,.
-
..
r"
..
r---
.
~
I'
-
.
"
.,.
:.:..,.......... .>:.;
. : ... <: :.i. I,
:".::'\ "J; ',. .:'.
., .'.::::: ;':. ...
. '.>; ,.~( . ..... .. ..
>;;"" :.::,.::. '.'..:
.;,.....".
";', ;.:. :,''''
t,;., ;\t~y~
.~,. ".:,:.,..,..:.. . :'.
ie; ...;.:':.;:,' . ' .. ..
.'.:":'..::,::.>': :,,"
,. -~ .,." . .
,;
: ..;:.:.. .;' >
',. .~;>\.;...: ..:
-'I'
,:,:,:t::jl:{~;: <~~..: :
e,:::'::;.
..:.:..
.;:,.:..:.
;.>:.;..
,;/;: '::'.~.<
.,'.:".'
~\'\.::
i:<: ..
~~
>
;. '.( i,f!.
'.
;;,;:'
;:::\~i~i i,
.~\
",
j" ~. ...
~~:
t':"....\.
'J
.:i' ..,
',.:,'. .>,:~
1:; ..~~ :/?'j .
.,':>'..:
;",>i
j
,
. r. .: ~
~)r~
~'{ ';'.~
'l~ ~. .;
';~~d
~~$~:
.',;\:
".-".., '
:;/:..'.,
:;....:
:;,,;.'"
"'.' .'</,,::,:.
:, ;~<..;> :.;. .
:/. '., ~;r.:::>:::
"!,,,.'i
'.
~.;~'~
~('
.,.
::(");~:
..~,
#l-......__ . ~,._
r-~
1
I
I
o
,
j
o
o
TI .:>
:.. : .'.".:..,...'.
,;:'"', . .' ..
, .", '
,', . ,', .,:": . " ".
/: .
~...
.. .
.'
1
I
t
. , ,,',.... ...:;....,.
... ':i';,. '1: .<..;.1,",:;.:: '::.:..'" .... ~'.
.... ;,.-,.:'.:.... :;'::.,':::-. .. . .... .
'::.' ;".','r"'\'::'.':J;
':"'.::::",.. ..,.:.u:<:..':: ":.'.:,;.,. <;'.'
..~... '.......
..:..".:':....... ,,'j'.
:.,'''.'',. . ...:.. . :~;~"~
It is the Order of this Board that Anne M. Caballero shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (9/25/89).
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 Anne M. Caballero. 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 C03t shall constitute a lien against the property until
paid. Upon complying, Anne M. Caballero 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 13th day of September, 1989.
, '.
Keramat fahari
3274 Beaver Drive
Plaza Park Sub., Blk. E, Lots 9 & 10
Vicki Neimiller, Sanitation Inspector, stated Mr. Fahari mowed the front only
of the property. The back portion is still in violation with high vegetation. City
submitted composite exhibit A, a copy of the file of record depicting dates of
inspection, posting, notices sent and photographs taken of the property.
"'::('.
.. .'.:';::."f'
" ",~ ' .I~':).'.:. '.,>. \:<~.:;'
'<. .::i:;.." .
. I . . .'... :.".': ... .'
; . . ..::. .^. .' ~,
., .' .....: i..;.' . 'i; ....c.:
..' :,. ..:." :,.'.c ,.::...:....
:',', ......y;.;,;.p.'.:
., '. .... ::: ;i. ~ .
'.. ':.:~'; ,"i':::.~) ii,;::'
'. ..;':,..;".:, .;::./.>
.. . .':'..',Y. :'\;,:'/:."
.. . . i .;.: ',;;,.~'~':;<<::;'
. . . ;,.;:' !.}, ,
, .' ..,:t' ;.:.'
.. ,.," .:' ;';
.. -. ,>.'::.:'.
.. '.'. .'.' ;;,.. .
, .,..... .'. ;::.'.::.;: ,; .....;
.. ..,;. .. .(:. ;... . .. :.:;,.'~.,::, '" \,::
. . ,. ..'::;":'..'.:.,;:,.
. , . " . '<'i/ .;:., <"'.
'.,:,,.'; <: ::,'.,'
. ..' . ..:.:.: '0"'.,; .
. . ..., .....' :..::....:.
.. . .:: " ,:: ;.:'.:.;":',." '.:.'.'; .:.'
. ': . ',':}.'.:.:. c, \\:.. .
:. .....i..:\. .~,....
";.~..'. :,.'., .
'". . .::~;' . ,;
'.,. ,.'
.... .~. . . ;::X' \';,
" .. < ,: :<:
: .' . .. '.. .;:'~.'_'..Xi ",~' .:;(:;;::~ ;.-':., .';':..
'. ...... '. .-.:,..;:.:.,;.;/i; '.....:
... :'. : --',/.':.,:.';.,.':
,'. t.
,.,.. ':'.'.,.
.'
..,
Case No. 5
No one was present to represent the violator.
Mr. Murray moved that concerning Case No.5 of Public Nuisance Clearing List
89-9-1 regarding violation of Chapter 95 of the Clearwater City Code on property
located at 904 Hart Street, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 13th day of September,
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 test imony of Vicki Niemi ller,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite
exhibit A, a copy of the file of record, it is evident that there exists the
excessive growth or accumulation of weeds at the above address.
The Conclusions of Law are: Keramat Fahari is in violation of Section 95.04.
;.;;.
It is the Order of this Board that Keramat Fahari shall comRly with Section
95.04 of the Code of the City of Clearwater within 10 days (9/25/89). Upon failure
to comply within the time specified, the City Manager may authorize the entry upon
the property and such act ion as is necessary to remedy the condit ion, without
further notice to Keramat Fahari. 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
,
~ .
...
;-..0:-. .;
..;.. .. ". '.,... '.".,:':
, ... ..... ). .:>',,: ';:> :'
.. ... ... -. .. .:. .: .:. ".....< : .:' ,
.. .. ..;...:':: :....
,:::,,;}:.;'>...:;,::; .,' "
. .,' . '.' ,";.' :.,';.:/. ..
.,,: :/.;, :<:.,~:,.> .
.::. ....~:::.:...
.;.
.,: ..:':.\,i'{.. :'.:.L;~:..
.. .',., (:.:':;'.
'.. .\; ~~;,,::': . ,,;... '.
.>. ..'... : ,.....:" '\:..;.::.. :.0..:.::
. ...( .".. ..:~:,::\y::)!:,::,\
..' .':: ..' :>:'.~::. ,..::..:
;. .::..:..~::':: c:\;.;:. :::";" .
.... ..' 'c::~i.{~:~'" :", ,. ;'r:
, ''-:... '..'
<~~\. . .
'. i"~t;\i/::
~ ,)I, \ ',' :'~~ ~:.~;~'~t~.:',. ,
". ".o:A. ;
~}t.~~.~
';'.. .
..
. . . I
MCEB
,-I:.
",
5
9/13/89
,.:.
:r/"'
~tIt'<.,,,~, ........_"............ ,....Y:\lf.~.;~.., "
,
.'
'. " , ,',' ~
. .:~;~~~;,~"
.."...,.......".-
" .' ,. .~ ..~ 4 .'1 ,
;~v;~~;. ~.~::.
"" . . ~~J::J~\~,;,.:"\f'i;L~1;:~;./~;;~::::~;f~~~t,~t~ili~~~~~~~~i;;~~kii
c".; ('.... ,~;;.:/::: . .."..H... ..'
,. . .:;.':.';.. ., '::'. .... , ..
J.~':::'..:.;'::' ..
.... Ii,::".; ....., ..
.:;">":' l'.: .:~,. .1. .,. : ... '. ....
, "" '".
'...-. ...> :"';'.:~.'l.;" ~ ~
- : .;.. - ....f . _.....~..~. "
..........-..0..
... .
'. ':':.
"
" "....;' '.:
.iJ.... .
" :, '- ,~:' ..'~ ': '<, .
;,' ,":," .:.,";;: .""'J
. ";",' .
. " ,.,~.~..'..
'.
,:1
.,
,. .
......
.- .
r
.-1.
. .r '.
~
~
',' t
I.
~.~~'m11,:~:r.;C~!,0t~:.?;';i:.~"~!;,-:>:"'~~~"lt~i;:\:~!;'~tf'H;,i.~:':t,i~~~~r~~l)~(;(1/:\~.;;~r2f~::}~;'~0'~.':~~:~:';.\:?:::\Y~;)J..<';<f~;;r:~: ::M':!i;~~~~~~1~~Wk~~r1~~~~t~~~~rr~~2Nm'ff~~t~'1{.1i.'i~j;~1t8~~BlY;~r:
1
I
I
.10
I
I
. I
. 1
i
" l
cost. Such cost shall constitute a lien against the property until paid. Upon
complying, Keramat Fahari 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 13th day of September, 1989.
Lousiana Life Insurance Co. Inc.
1201-1215 Drew Street
Padgett Estates Sub., Lot 1 less S 65'
Vicki Neimiller, Sanitation Inspector, stated ownership was determined through
the Property Appraiser's office. Upon inspection of the property it was found to
be in violation of Code Section 95.04 due to high vegetation. City submitted
composite exhibit A, a copy of the file of record indicating dates of inspection,
posting, notices sent and photographs taken of the property.
Case No. 6
No one was present to represent the violator.
Mr. Murray moved that concerning Case No.6 of Public Nuisance Clearing List
89-9-1 regarding violation of Chapter 95 of the Clearwater City Code on property
located at 1201-1215 Drew Street, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 13th day of
September, 1989, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law. and Order.
o The Findings of Fci.ct are: after hearing testimony of Vicki Niemiller,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite
exhibit A, a copy of the file of record, it is evident that there exists the
excessive growth or accumulation of weeds at the above address.
The Conclusions of law are: Lousiana Life Ins. Co. Inc. is in violation of
Section 95.04.
It is the Order of this Board that Lousiana Life Ins. Co. Inc. shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (9/25/89).
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 Lousiana Life Ins. Co. Inc.. 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.
!~
'U
MCEB
6
9/13/89
, ".'
......1J..... ,
" '. ." .
.' , : ~: ~" .::.:. ..: ~'.' . . . :.
, ... .' ,
. ....
.' , .,.,', '.'
P'
,'. .
," . '.' ,
. ..
r-
L
r-
-'
?l. ..
. .
. "
~
:~"\"~'!'r.';".\'~-;':'~~~'1'f;'JY~;',~." ;Ct.' '.t!" ,!~:.~ L,.,'f;,,",~: "c I "':'7~1f~~.:'.(~'.5,:';':~t~~r"!",'(:;\ ~~r?::: ,:/:;;:~,'n:,'i~i;'ii~ :',~:;?,~;\~"/. ;'i.?:~\:,::f': '::;::'::~ J,: ': :.:'\\,~ ~~~\~.r:~\{\:::'!:~;:::;'\:\'?~~~?i~!:r;:1~::f,P;:1;}f~i~..\ll:~:e+gft~1i\}~;'t:;o'};~~ )!~~;J~!t .
<!.~. .
.\,. \
l
~
,
;
10
I
J
1
. ,
,"J', '
.'
o
f'~
\,.:..,': I
~j
. '.' ", '
Such cost shall constitute a lien against the property until paid. Upon complying,
Lousiana Life Ins. Co. Inc. 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 13th day of September, 1989.
Christine Keno
915 Engman St. and 1206 Pennsylvania Ave.
(Bu il ding Code)
Tom Chaplinsky, Building Inspector, stated he determined ownership through
the Property Appraiser's records. City submitted exhibit A, a copy of a Personal
Representative's Distributive Deed conveying title of said property to Christine
Keno. Mr. Chapl insky stated there is a two story bui lding on Engman St. and a
duplex on Pennsylvania Ave.. He stated the structures are vacant and/or unsecured
and deteriorated. City submitted composite exhibit B, photographs of 1206
Pennsylvania Ave structure. He stated the windows are broken, there are rotted roof
shingles and damage to stud walls. He stated the building is unsafe according to
Code section 138.02. He stated he notified Ms. Keno February 16th and reissued the
notice on March 1, 1989. City submitted composite exhibit C, photographs of the
915 Engman Street structure. Mr. Chaplinsky stated he sent a letter indicating the
nature of the violations including rotted wood, termite infestation, rotted roof
rafters and portions of the structure in danger of collapse. The property is in
a state of disrepair and in violation of Code section 138.02.
Case No. 78-89
In response to questions, Mr. Chaplinsky stated Ms. Keno has been notified
of the hearing. The only action she has taken is to authorize the City to secure
the structures. She has taken no action to rehabilitate the property. She has
been corresponding with the Inspector via fax machine.
The Attorney for the Board submitted Ms. Keno's letter to the Board dated
August 25, 1989 as Defendant's exhibit A. Letters received by Mr. Chaplinsky via
fax machine on September 13, 1989 were submitted as Defendant's exhibit B.
In response to questions, Mr. Chaplinsky stated Ms. Keno has denied ownership
of the property, has referenced orders preventing her from doing any work on the
property or trespassing, but those were prior to the deeding of the property to her.
He stated Ms. Keno explained the property is part of the estate of Reuben & Charlie
Floyd, both of whom are deceased. The property was disbursed upon probate of the
second death, not probated upon the first death and contends the second probate is
invalid. Mr. Chaplinsky stated the Property Appraiser1s office shows Ms. Keno as
the owner of the subject property. He stated he has responded to Ms. Keno's
correspondence and informed her of the CDBG programs.
In response to questions, Mr. Chaplinsky stated the structures are also in
violation of the Electrical Code. Upon boarding up the structures, there is a 180
day period in which to render the structures fit.
MCEB
7
9/13/89
- .;.
.. ",.
, ,
. .r-.
.:1. ..:
T~
.~
r-.
I
: .
,
~~f?.x~:ztB'J:f.r:!~r~ IT}~jl'f.~(:::7;'f''''~' i"r::,'!!'~~i :ft;:?i'~2fjt~~~{:'~t;t~~ 1;~ !,\': ;71::~"1nt~;:t;.~'~f;.:~ l;:?~~',r;:~~;';:Y~;.F:',? \":':Z'~ ;!",:<:~,:;.~~: "( :':'~ ~. '(:,:~'~:~;: ~~"??/;/1~j:::':\; :'.: ,',t; i: . I;: .':J.~}~\ ~:.~:~~ )~~~~;;;~:\?T.":~r~t!~: .
o
Discussion ensued regarding the condition of the structures and what type of
action needs to be referenced in the order for repair or demolition, in addition
to the findings of fact sufficient enough to declare the buildings unsafe. It was
stated this problem has been dragging on for some time, and in response to a
question, Mr. Chaplinsky stated the carport is in need of immediate attention. A
public hearing before the City Commission will be required should the City have to
take action to demolish the structures.
.'
1
.\
I
,
o
Mr. Cardinal moved that concerning Case No. 78-89 regarding violation of
Section 138.02 of the Clearwater City Code on property located at 915 Engman St.
and 1206 Pennsylvania Ave. aka Lot 8, Blk. C, Palm Park Sub., the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hear i ng he 1 d the 13th day of September, 1989, and based on the ev i dence, 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 Tom Chaplinsky, Minimum
Housing Inspector, and viewing the evidence, exhibits submitted: City exhibits A,
B & C - copy of deed and pictures of the property, and Defendant exhibits A & B -
letters regarding the subject property, it is evident that the structures are in
a state of disrepair and present a hazard to potential occupants, and there is
suffici~nt evidence to declare them unsafe buildings.
The Conclusions of law are: Christine Keno is in violation of Section 138.02
of the City Code.
It is the Order of this Board that Christine Keno shall comply with Section
138.02 of the Code of the City of Clearwater within 30 days (10/13/89). If Christine
Keno does not comply within the time specified, the Board may order hey' to pay a
fine of 250.00 per day for eacr. day the violation continues to exist or authorize
the City Commission to take action to demolish the structures. If Christine Keno
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, Christine Keno
shall notify Tom Chaolinskv, 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 13th day of September, 1989.
I.
I
.~, '
.. ~
..,
.1
( .'
.,.
~
....,
MCEB
8
9/13/89
.r-
r-
r--'
.2].. '.
:'. :;'.: "',:.,". " "
'. . " . . .
. ..... ..,.
. . :." ."", .' " ~:.: \": '"
;, "\ '
~.
~: '
I
.
. ; i
t\.""',~::'ft;~',:""':.~~': !,!;.r"\~~'\""""'!.%r~~."'\...,%-,. Mi"J'f- '\....l.l~.~ J"" 'I' ,J"~""':,.',; ..'~' ;-:t "~'i~~i'/"; .:::.~, M ,
: ,.~ ~~:r .~..) :~...~ ~~~~~ ..~.~~~.t.::; f r;:;.::!/";T~:"~~~~i!~1!' t~\ :::~:~~~:::~~ ;\!;~:; {?~~~j.~..~;. ~~~;~::.t~.}~,?~~~:~'!~;?t:: ~~t:~;~~:~~?:~:~.
o
,
,
,
j
:1
1
.. PI
o
@
. '.: "
,~. '.' '..
.... < ;,:..:,.'
1 .,:. ,",
'\', ,'t"
--.... ;,'
James & Isabella Tracey d/b/a Anchor Mini Mart
207 Coronado Drive
(land Development Code)
Geri Doherty, Code Inspector, stated the property in violation is zoned
CR-28. She stated the pole sign is in comp~ iance; however, the signage on the
building does not have a permit and exceeds the allowable square footage. She
referenced Code section 134.010(2)(c)(1) which states a free standing business is
allowed 15 sq. ft. of signage on the building and there currently exists 104 sq.
ft. City submitted composite exhibit A, photographs of the property. Ms. Doherty
stated the codes violated are 134.013(a) - required permits, and 134.017(a)(1) -
illegal signs. She stated she checked City records for permits/ applications and
there are none for the signs on the building.
Case No. 91-89
i .
I .
I
. , '
.', "
The Assistant City Attorney requested the Board take judicial notice of the
Code sections violated as cited.
A request was made to amend the referenced code section on the Notice of
Violation to 134.D10(2)(c)(1), and it was so noted.
In response to questions, Ms. Doherty stated even under the commercial complex
allowance of 48 sq. ft., they still exceed that allowed.
In response to a question, Mr. Tracey stated if the reference was amended on
the Notice of Violation, he would not have had any additional evidence to bring to
the hearing.
Mr. Tracey stated he bought the hotel in 1969 and, when he installed the mini
mart he looked at other signs in the area, noticed signs on City right of way and
was aware he had to comply with setbacks. He didn't realize there was a problem
with painting over the existing signs. He stated he does have a hotel license.
He submitted Defendant's exhibits A & B, pictures of other signs in the area and
his property. In response to question, Mr. Tracey stated permits were acquired 12-
14 years ago but not for the same signs. He stated he was not aware he needed a
permit to paint over the existing signs.
It was recommended that Mr. Tracey apply to the Code Administration Division
for 1 variance and go through the proper procedures.
Mr. Zinzow moved that concerning Case No. 91-89 regarding violation of
Sections 134.013(a) and 134.0l7(a)(l) of the Clearwater City Code on property
located at the S 50' of the W 110' of Lot 1, Blk. B., Columbia Sub. aka 207 Coronado
Drive, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 13th day of September, 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 Geri Doherty, Development
Code Inspector, and James Tracey and viewing the evidence, exhibits submitted: City
composite exhibit A and Defendant's exhibits A & B - photographs of the property,
it is evident that Anchor Mini Mart, owned and operated by James and Isabella
Tracey, does not have a sign permit and the signs exceed the square footage allowed.
MCEB
9
9/13/89
<. ..
....2iJ.'...
':".' . .' ,", ' ."
,",.' .' ':..,' . ,
-.;. "
. . .
. ~. .. . ,
,.::::." :'( <
r
IJ'
. . . '
. . .
" '.. " ,. .
. . . ' , .
""; . .:',-,;,' ,"::'
.. .
'.. . . ,," ..-. , I . ~.
. , ' .' ~ ,
. " . '~ . I.'"
r
.~'..'
. .
;
r
I
. .
; .
f~r!~~'~r.:;\~tr.~~~,,\~~~.~~~j!r::'1.~1~'i~-:}~.3t~; ;i.[f~~~:~~i~(~!..:::~~~?/F~?::\RI{~~1~.::?:;~x~.?!:r ;;'?f?t{;?~:i(ft~>~:;~":Fr. '.~~r~?,~!:~;::,ci.lti}\!~I-;~~;\(:':y:.~~Y;?r~i?~f~Y!.:~j;~~:;~;f'lff:~Y:;::~~~i;\:{y.~!1~::~i~r;:\t~~::~~.. .
o
The Conclusions of Law are: James and Isabella Tracey are in violation of
Sections 134.013(a) and 134.017(a)(1).
It is the Order of this Board that James and Isabella Tracey shall comply
with Sections 134.013(a) and 134.017(a)(1) of the Code of the City of Clearwater
by September 30. 1989. If James and Isabella Tracey 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 James and Isabella Tracey 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, James/lsabella Tracey shall notify Geri Dohertv, 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.
. \",
.... \.
' "~
\
.i
'.'....
. . ,
. ,
\
.\ ' ...:
i !
'I
.1
',' 1;
Done and Ordered this 13th day of September, 1989.
Case No. 38-89
John F. Hurley
32 Leward Isle
(False Alarm)
The Ass istant City Attorney requested this case be withdrawn pursuant to
amendments to the Florida Statutes effective October 1, 1989.
o
Mr. Murray moved to withdraw Case No. 38-89. The motion was duly seconded
and carried unanimously.
Case No. 103-39
Antonios Markopoulos
100 Coronado Drive
(Building Code)
The Inspector requested this case be withdrawn as the violation has been
corrected.
Mr. Angel is moved to withdraw Case No. 103-89. The motion was duly seconded
and carried unanimously.
Case No. 51-98
Michael/Elefterios Kekllas
1641 Midnight Pass Way
(False Alarm - repeat)
The Assistant City Attorney submitted City exhibits A & B, a copy of the
order of the Board of April 26th and an Affidavit of No Contest signed by Michael
Kekllas.
Officer Charles Dunn, Clearwater Police Department, stated an additional
false alarm occurred July 22, 1989 which was caused by human error. In response
to a question, Officer Dunn confirmed Mr. Kekllas as the owner.
o
c..".: l
\:;..../
MCEB
10
9/13/89
-'::;-h-t
r
r
. Sl..
.', :':..',," 1: "J ~.> ' ;' .
,.. , . '..
, , '. ,"" "<.
: ~ ',:~::'.~~'. :..' ", "',
,..
\'.
:' \'
. ~.,7"
~..
:, ..
. ",
r
I
.~~~~i'3.~~~t: ;t:'?;;~)'!,:,!::~~;r-:;:;:1~"~7:~':';M~+'~~~'5!~~jti.?t~!~1:{!?:~:~;;:N:'r\,~?:~~::.;r;'lqS1;:~~;,':~;.;;:.';(:;;':;'! }::'i-::.:"
o
',\"
o
@'.'
'..1'"
',. ~>.:'
:... '.~ ~~?'::, "'i':'>~'~;'.:~~' .;':; .I~ ':.::! t. ~~. i,? 1 t~t~;'~~:::.F;~'~'~';' r,:'" ':.~.:? '7:';:~~?:~~:f~t
',I -
Mr. Angelis moved that concerning Case No. 51-98 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1641 Midnight Pass
Way, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 13th day of September, 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, viewing the evidence: City exhibit B, an affidavit
of no contest signed by Mr. Kekllas and taking notice of prior proceedings at which
time the Board issued an order, it is evident that an additional false alarm
occurred after the compliance date set by the Board and within one year of issuance
of the first courtesy warning.
The Conclusions of Law are: MichaeljElefterios Kekllas have not complied with
the Order of the Municipal Code Enforcement Board of April 26, 1989.
It is the Order of this Board that Michael/Elefterios Kekllas shall pay a
fine of $100.00 for the additional false alarm occurrence. If Michael/Elefterios
Kekllas do not pay the fine, a certified copy of this Order shall be recorded in
the Public Records of the Office of the Clerk of the Circuit Court in and for
Pinellas County, and 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.
Done and Ordered this 13th day of September, 1989.
I ~ ........ -.
i.
Landmark Towers Condominium Association
1230 Gulf Boulevard
(False Alarm - repeat)
The Assistant City Attorney submitted City exhibit A, a copy of the order of
the Board of May 24, 1989.
Case No. 64-89
In response to questions, Jeff Oaniels stated he is Custodian of Records for
False Fire AlarID cases. He stated the first courtesy warning was issued March 7,
1989, and subsequent to the Board1s order of May 24th, another alarm occurred on
August 3, 1989. He stated the system was silenced prior to the arrival of the Fire
Department. He was told by the guard that there are numerous problems, however
there was no evidence of conditions to cause the alarm.
Doug Byer, representing landmark Towers, stated he is aware of the notice
and response by the Fire Department. He was before the Board in May and it was
concluded the previous alarms were caused by smoke detectors. Heat detectors were
then installed, one in the elevator room. The fan shorted out causing the false
alarm. In response to a question, he stated the change was made within 30 days of
the first order. Mr. Byer stated the heat detector did what it was suppose to do.
The Assistant City Attorney asked Jeff Daniels if he was aware of the heat
detector in the elevator room and he stated he went to the elevator room and noted
no problems.
MCEB
;..-1.......
... ," '
~,~::. '.': . " : -. ! ;
~~~: ... ':, .'~
11
9/13/89
"l; -
"r..
r
.,
j:
r--
~
. .v.:f.\;1'~Jft;-'1~~t~:' l~!':,~!~:~Jf:y;:r.h; \;,~,...~..~'t::h:!{~~~f'~1~~~'.;\~~:,~:~~'f.~:'~\~i.~(t!,(,y.~s~,~fs~V;r~~:;}::'fi;!!~:I~II.~i ';;~~i:::';?:h{ {:';:;;' \ F;.t'::~': ",,;;;~:; f;"'(it ~,:; ~:', '(i~?/:ih 1;)( t; :,~:,},B~,:~\7!:~!!~.:~(~):';;'. ~;~;r~~7/,~;.;::t;~t?J~:;~E ,.
o
, ., ,-'
, i
',,' ~{
o
e
Discussion ensued regarding the few number of alarms with regard to the number
of heat detectors installed. The Attorney for the Board stated if the alarm went
off due to heat in the room based on Mr. Byer1s testimony, there was no malfunction,
therefore it would not fit the definition of a false alarm.
Mr. Cardinal moved to dismiss the repeat violation charge with regard to Case
No. 64-89. The motion was duly seconded and carried unanimously.
Crossland Savings Bank
1831 N. Highland Avenue
(False Alarms - repeat)
City submitted exhibit A, a copy of the Board's order of May 24, 1987. In
response to a question, Officer Charles Dunn, Clearwater Police Department, stated
he is custodian of records for false alarms. He stated another alarm occurred on
July 21, 1989, it was a holdup alarm and there was no evidence showing cause for
the alarm. He stated the first courtesy warning was sent January 27, 1989.
Case No. 66-89
.. .
i.' ..
Brenda Johnson, representing Crossland Savings Bank, stated she agrees there
was another false alarm. She has retained a new alarm company this year and she
is in constant contact with the company. In response to a question, Ms. Johnson
stated the modification was not made after May 26th, the date of compliance ordered
by the Board.
Mr. Dallman moved that concerning Case No. 66-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1831 N. Highland
Ave., the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 13th day of September, 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 nunn,
Clearwater Police Department, and taking notice of prior proceedings at which time
the Board issued an order, it is evident that at Crossland Savings Bank an
additional false alarm occurred after the compliance date set by the Board and
within one year of issuance of the first courtesy warning.
The Conclusions of Law are: Crossland Savings Bank has not complied with the
Order of the Municipal Code Enforcement Board of May 24, 1989.
It is the Order of this Board that Crossland Savings Bank shall pay a fine
of $100.00 for the additional false alarm occurrence. If Crossland Savings Bank
does not pay the fine, a certified copy of this Order shall be recorded in the
Public Records of the Office of the Clerk of the Circuit Court in and for Pinellas
County, and 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.
Done and Ordered this 13th day of September, 1989.
\
MCEB
12
9/13/89
r
-n' .
)' ':
r--.
.~
..1 '
. .
: .:&:~J;"f.~~::~I;;:o.~~h"h-::~cttlt.;:Jqjr\~t.~)C'J~c;if;:"t~~~?:i;~;~ti~;'~~?'J't7:.;:~i?:rJ;;;~:f~:f)71,~2\?,':~~;f;.l.gF;.i.~:;!fr~:;r~:~;;.?~~~~:~\'~::'~~:~!:~',~~!.y:i~?\~~-:;~~:i~:i:~~1;'t~;~~:~;~~;:~!;~~~~~;~tz~t.;~~~~;;'~1:~~~YN~2ff~f~:'..
,; ,
o
Case No. 68-89
Consolidated Southern Security, Inc.
520 Howard Court
(False Alarms - repeat)
City submitted exhibit A, a copy of the Board's order of May 24, 1989.
Officer Charles Dunn, Clearwater Police Department, stated another alarm occurred
July 21, 1989, it was an intrusion alarm and there was no evidence to show cause
for the alarm. Upon talking to the subscriber, it was stated the alarm was caused
by human error. Officer Dunn stated the first courtesy warning was sent February
15, 1989.
. ..
. i
o
Lisa Wonsley, representing the violator, stated she is in agreement with the
testimony given.
Mr. Murray moved that concerning Case No. 68-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 520 Howard Court, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 13th day of September, 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 taking notice of prior proceedings at which time
the Board issued an order, it is evident that one additional false alarm occurred
after the compliance date set by the Board and within one year of issuance of the
first courtesy warning.
The Conclusions of Law are: Consolidated Southern Security, Inc. has not
complied with the Order of the Municipal Code Enforcement Board of May 24, 1989.
It is the Order of this Board that Consolidated Southern Security, Inc. shall
pay a fine of ~100.00 for the additional false alarm occurrence. If Consolidated
Southern Security, Inc. does not pay the fine, a certified copy of this Order shall
be recorded in the Public Records of the Office of the Clerk of the Circuit Court
in and for Pinellas County, and once recorded shall constitute a lien against any
real or personal property owned by the violator pursuant to Chapter 152, Florida
Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 13th day of September, 1989.
The meeting recessed from 5:15 - 5:19 p.m.
I..'
I
,01
o
Case No. 119-89
S & A Restaurant Corp. dba Key West Grill Inc.
2660 Gulf to Bay Boulevard (False ~larms)
Roger Hayden
783 Bay Esplanade (False Alarms)
Office Products Warehouse, Inc.
2010 State Road 60 (False Alarms)
David A. Bernstein, M.D, P.A.
2424 Enterprise Road, Suite C (False Alarms)
Case No. 29-89
Case No. 109-89
Case No. 118-89
MCEB
13
9/13/89
''071:':>.':'.>
: .~.~..:. :.~ I. .
. :"" .:L .',;.,:,:'"
,i
r-
~
... ... . ~ .
r-~
~.
:'t,
, ~ . \. 7.. ~ "
~
o
Case No. 120-89
Stuart Rose dba T.V. and Stereo Town
1928 Gulf to Bay Boulevard (False Alarms)
I
I.
Case No. 121-89
Sun Services of America, Inc. dba Clean Care Coin Laundry
504 Eldridge Street (False Alarms)
Lokey Motors Company
2340 Gulf to Bay Boulevard (Land Development)
The Assistant City Attorney requested the above listed cases be withdrawn.
(
Case No. 122-89
Mr. Angelis moved that Case Nos. 29-89, 109-89, 118-89, 119-89, 120-89, 121-
89 & 122-89 be withdrawn. The motion was duly seconded and carried unanimously.
UNFINISHED BUSINESS
Subway Capital Partners, Inc. or T & M Development, Inc.
dba Subway Sandwiches & Salads
2569 Countryside Boulevard, #10 (False Alarms)
The Board Attorney stated the incorrect corporation was listed as operator
of this particular location and requested the Board correct their order of August
23, 1989.
Case No. 115-89
0_.
. ,
Mr. Angelis moved to correct the corporation name from Subway Capital
Partners, Inc. to T & M Development, Inc. The motion was duly seconded and carried
unanimously.
Richard E. Owens
300 Venetian Drive (Fire Code)
Affidavit of Non-compliance
Mr. Angelis moved to accept the Affidavit of Non-compliance and issue the
order imposing the fine in Case No. 88-89. The motion was duly seconded and carried
unanimously.
Case No. 88-89
Dimmitt Car leasing, Inc.
corner of Pierce St. & Greenwood Ave.
Affidavit of Compliance
Mr. Murray moved to accept the Affidavit of Compliance in Case No.
89-7-2, #1. The motion was duly seconded and carried unanimously.
Case No. 89-7-2-1
OTHER BOARD ACTION
A
V
The Attorney for the Board reviewed amendments to the Florida Statutes
regarding Code Enforcement Boards to take effect October 1, 1989. Consensus was
for the secretary and Attorney for the Board to present proposed changes to the
Rules and Regulation at the first meeting in October.
The Assistant City Attorney stated the City's ordinance making amendments to
the City Code regarding the Code Enforcement Board passed first reading September
7, 1989 and should be in effect October 1, 1989.
MCEB
14
9/13/89
. \ J,:.