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PUBLIC NUISANCE CLEARING LIST 89-09-2, 9/27/89
Vacant lot
191:
about 2399 Old Coach Trail: Coachman
parcel i 07/29/16/16862/000/1910.
Bandurski, Elizabeth Bandurski, 5611 12th
Florida 33710-5805.
Ridge Tract
Owned by:
Avenue North,
1.
A-II, Lot
Mariusz
St. Petersburg,
2. 784 Island Way: Island Estates SUB,
#5/29/15/43458/000/0660. Owned by: R.
Drive, Clearwater, Florida 34618.
Unit 8: parcel
K. McGraw, 1404 Sunset
3. AKA 916 Plaza Street; Plaza Park
#10/29/15/72000/007/0090. Owned by:
McKinley Street, Clea~water, Florida
SUB, Block 0, Lot
Hoke S. Russell,
34625-2440.
9: parcel
1871
REAL PROPERTY OWNER:
PERSONAL PROPERTY OWNER:
4.
James J. Coglainee
19701 Gulf Blvd, Apt 431
Indian Shores, FL 34635
e
REAL PROPERTY WHERE VIOLATION EXISTS: AKA 1871 McKinley Street
New Marymont SUB: Block 0, Lot 7: parcel
412/29/15/59886/004/0070. THIS PERSONAL PROPERTY TO WIT: 1976
Buick Four Door Sedan: Vin#4P69J6H547501.
5. The Vacant lot
SUB: Lot 12: parcel
Mason, Joseph L.
34615.
at or about 912 Metto
#10/29/15/68346/000/0120.
Johnson, 807 Carlton Street,
Street; Pennsylvania
Owned by: Tyrone
Clearwater, F10cida
AKA the vacant lots at or about
Drive,: Bayside Sub 42: Lot 14, 15,
#08/29/15/04932/000/0140/0150/0160. Owned
Baugesell, 130 Bayside Drive, Clearwater
2500.
6.
153 to
and
161 Brightwater
16: parcel
by: Neuhaus M.
Beach, Florida
34630-
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MUNICIPAL CODE ENFORCEMENT BOARD
September 27, 1989
Members present:
William Murray, Vice-Chairman
Bruce Cardinal
William Zinzow
Michael Dallman
D. Wayne Wyatt
Absent:
Robert Aude, Chairman (excused)
James Angelis (excused)
Also present:
Rob Surette, Assistant City Attorney
Alan Zimmet, Board Attorney
Cynthia E. Goudeau, Secretary for the Board
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In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
The meeting was called to order by the 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.
PUBLIC HEARINGS
Public Nuisance ClearinQ List 89-9-2
Item No. 1
Mariusz/Elizabeth Bandurski
about 2399 Old Coach Trail
Coachman Ridge Tract A-II, Lot 191
Vern Packer, Sanitation Inspector, stated the property was inspected August
21, 1989 after receiving a complaint on the 18th and found to be overgrown. The
property was posted on the 21st and photographs taken. He stated he reinspected
this morning and found the property still in violation. In response to questions,
Mr. Packer stated there is a retention pond and the banks are the responsibility
of the property owners.
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City submitted composite exhibit A, a copy of the file of record. Mr. Packer
stated he verified property ownership with the Property Appraiser's office, notice
was sent to the owners certified mail and the signed receipt was returned.
MCEB
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9/27/89
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In response to questions, Mr. Packer stated the pond does hold fresh water
and the owners have been made aware of what they need to clear. There are four
property owners of which three have complied.
No one was present to represent the violators.
Mr. Cardinal moved that concerning Item No.1 of Public Nuisance Clearing List
89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property
located at about 2399 Old Coach Trail aka Coachman Ridge Tract A-II, Lot 191, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 27th 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 Vern Packer, 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, undergrowth or other similar plant materials at the above
address.
The Conclusions of Law are: Mariusz & Elizabeth Bandurski are in violation
of Section 95.04.
It is the Order of this Board that Mariusz & Elizabeth Bandurski shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 davs (10/9/89).
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 Mariusz & Elizabeth Bandurski. 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, Mariusz/Elizabeth Bandurski shall notify Vern 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 ~ied unanimously.
Done and Ordered this 27th day of September, 1989.
Item No. 2
R.I<. McGraw
784 Island Way
Island Estates Sub., Unit 8
Vern Packer, Sanitation Inspector, stated the property was inspected August
21st, it is a vacant lot and overgrown with high vegetation. The property was
posted and photographs taken on August 25, 1989. City submitted composite A, a
copy of the file of record. He stated he verified ownership with the Property
Appraiser's office, notice was sent certified mail and the signed receipt was
returned. He reinspected the property this morning and the violation still exists.
No one was present to represent the violator.
MCEB
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9/27/89
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Mr. Cardinal moved that concerning Item No. 2 of Public Nuisance Clearing
List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on
property located at 784 Island Way aka Island Estates Sub., Unit 8, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 27th 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 Vern Packer, 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, undergrowth or other similar plant materials at the above
address.
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The Conclusions of Law are: R. K. McGraw is in violation of Section 95.04.
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It is the Order of this Board that R. K. McGraw shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 tt-le condition, without
further notice to R. K. McGraw. 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
Commi ss ion sha 11 determi ne, may be recorded in the Public Records of Pi ne llas 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, R. K. McGraw shall notify Vern 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 27th day of September, 1989.
Hoke S. Russell
916 Plaza Street
Plaza Park Sub., Blk. G, lot 9
Vern Packer, Sanitation Inspector, stated the property was inspected August
21st and there was excessive growth and high vegetation. Photographs were taken
and the property posted August 24, 1989. He verified ownership at the Property
Apprai ser I s office, not ice was sent cert if ied ma i1 and the signed receipt was
returned. The property was reinspected this morning and the violation still exists.
City submitted composite exhibit A, a copy of the file of record.
Item No. 3
In response to questions, Mr. Packer stated the owner is deceased, the
property has been posted previously for high vegetation, the Building Department
has cited the property and dealt with Mrs. Helen Russell who has acted as owner.
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MCEB
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9/27/89
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It was suggested Mrs. Russell also be cited on the order of the Board, however
the attorney for the Board stated the order needs to be addressed to the person
cited on the Notice of Violation.
Mr. Cardinal moved that concerning Item No. 3 of Public Nuisance Clearing
List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on
property located at 916 Plaza Street aka Plaza Park Sub., Blk. G, Lot 9, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 27th 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 Vern Packer, 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, undergrowth or other similar plant materials at the above
address.
The Conclusions of Law are: Hoke S. Russell is in violation of Section 95.04.
It is the Order of this Board that Hoke S. Russell shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (10/9/89). 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 Hoke S. Russell. 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, Hoke S. Russell shall notify Vern 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 d~ly seconded and carried unanimously.
Done and Ordered this 27th day of September, 1989.
Helen S. Russell
1871 McKinley Street
New Marymont Sub., Blk. D, Lot 7
Vern Packer, Sanitation Inspector, stated he inspected the property July 12th
at which time he noticed a vehicle in disrepair and without a current or valid tag.
A courtesy letter was sent, the 30 days allowed by Code has passed and the violation
still exists. Mr. Packer stated Mrs. Russell has had the vehicle for at least a
year, a temporary tag on the vehicle was dated December, 1988.
Item No. 4
In response to questions, Mr. Packer stated Mrs. Russell received the vehicle
from her son in law, Mr. Mills, and she stated she intended to make it legal. He
went to Mills Auto Sales, the son in law's business, and was told they would put
on a new tag. Mr. Packer stated notice was also sent to Mr. Mills and, as of this
morning, the vehicle still exists on the property. City submitted composite exhibit
A, a copy of the file of record.
MCEB
4
9/27/89
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*Amended
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The Assistant City Attorney requested the Board take judicial notice of F.S.
140.3.1 which allows a temporary tag for 20 days and allows only one renewal. Mr.
Packer stated Mrs. Russell was notified by certified mail and a signed receipt was
returned. He stated Mrs. Russell has two vehicles and she drives both, the second
vehicle also has an expired temporary tag but because it is parked on the street
right of way it is not under the jurisdiction of Chapter 95.
Discussion ensued regarding the definition of inoperative and whether the
vehicle was actually stored, as both definitions need to apply in order to consider
it debris. Discussion also ensued whether the car can be considered inoperative
when it is being driven and whether it is simply a matter of expired tags. Question
was raised regarding citing the registered owner of the vehicle and it was stated
the property owner needs to be cited. It was suggested Mr. Mills be copied as he
claims to be the owner of the vehicle.
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In response to a question, Mr. Packer stated he did investigate in response
to a neighbor's complaint.
No one was present to represent Mrs. Russell.
Mr. Zinzow moved that concerning Item No.4 of Public Nuisance Clearing List
89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on property
located at 1871 McKinley Street aka New Marymont Sub., Blk. D, Lot 7, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hear i ng he 1 d the 27th 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 Vern Packer, 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 an unlicensed vehicle
stored on the property in excess of 30 days.
The Conclusions of Law are: Helen S. Russell is in violation of Section 95.04.
~
V
It is the Order of this Board that Helen S. Russell shall comply with Section
95.04 of the Code of the City of Clearwater within 10 davs (10/9/89). 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 Helen S. Russell. 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, Helen S. Russell shall notify Vern 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.
Upon the vote being taken, Messrs. Zinzow, Murray, Dallman and Wyatt voted "aye."
*Mr. Cardinal voted "nay.1I Motion carried.
Done and Ordered this 27th day of September, 1989.
MCEB
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9/27/89
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Tyrone Mason/Joseph L. Johnson
about 912 Metto Street
Pennsylvania Sub., Lot 12
No one was present to represent the violators.
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Item No. 5
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Vern Packer, Sanitation Inspector, stated the property was inspected on August
30th and found to be overgrown with high vegetation. The property was posted and
photographs taken on September 1, 1989. City submitted composite exhibit A, a copy
of the file of record. Mr. Packer stated he verified ownership through the Property
Appraiser's office, notice of violation was sent certified mail and the signed
receipt was returned. In response to a question, Mr. Packer stated that both Mr.
Mason and Mr. Johnson are listed as owners of the property.
Mr. Cardinal moved that concerning Item No.5 of Public Nuisance Clearing
List 89-9-2 regarding violation of ChaptEil~ of the Clearwater City Code on
property located at about 912 Metto Street ~rnnsylvania Sub., Lot 12, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 27th 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 Vern Packer, 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, undergrowth or other similar plant materials at the above
address.
!.
The Conclusions of Law are: Tyrone Mason & Joseph L. Johnson are in violation
of Section 95.04.
It is the Order of this Board that Tyrone Mason & Joseph L. Johnson shall
comply with Section 95.04 of the Code of the City of Clearwater within ID days
(10/9/89). 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 Tyrone Mason & Joseph L. Johnson. The City
Commission may then adopt a Resolution assessing aga inst the property on which
remedia 1 action was taken by the City the actual cost incurred pl us $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 sha 11 constitute
a lien against the property until paid. Upon complying, Tyrone Mason/Joseph L.
Johnson shall notify Vern 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 27th day of September, 1989.
CD
MCEB
6
9/27/89
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Neuhaus M. Baugesell
about 153-161 Brightwater Orive
Bayside Sub #2, Lots 14-16
Vern Packer, Sanitation Inspector, stated the property was inspected August
7th and found to be overgrown w~th high vegetation. The property was posted and
photographs taken August 8, 1989. City submitted composite exhibit A, a copy of
the file of record. Notice was sent certified mail to 130 Bayside Orive as shown
on the Property Appraiser's records. That address was still under construction
and Sanitation was given an address in Germany. Notice was sent registered mail
and a signed receipt was returned. The property was reinspected this morning and
there was no change in the condition of the property.
. .,
Item No. 6
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No one was present to represent the violator.
Mr. Cardinal moved that concerning Item No.6 of Public Nuisance Clearing
List 89-9-2 regarding violation of Chapter 95 of the Clearwater City Code on
property located at about 153-161 Brightwater Drive aka Bayside Sub #2, Lots 14-
16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 27th day of September 28, 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 Vern Packer, Sanitation
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit a -
a copy of file of record, it is evident that there exists the excessive growth or
accumulation of weeds, undergrowth or other similar plant materials at the above
address.
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The Conclusions of law are: Neuhaus M. Baugesell is in violation of Section
95.04.
It is the Order of this Board that Neuhaus M. Baugesell shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (10/9/89).
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 Neuhaus M. Baugesell. 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 ~ntil
paid. Upon complying, Neuhaus M. Baugesell shall notify Vern 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 27th day of September, 1989.
r"'\
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MCEB
7
9/27/89
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