11/08/1989 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
November 8, 1989
Members present:
Robert Aude, Chairman
William Murray, Vice-Chairman
Bruce Cardinal
Will iam Z inzow
D. Wayne Wyatt
Absent:
James Angelis (excused)
John McKinney (new member)
Also present:
Rob Surette, Assistant City Attorney
Alan Zimmet, Attorney for the Board
Cynthia E. Goudeau, Secretary for the Board
In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
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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
Case No. 1
Ed & Bessie Singletary
about 900 Palm bluff St
aka Palm Park Unbd Blk, Lot 23
There was no one present to represent the violator.
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Vern Packer, Code Inspector, stated the property was inspected October 2 and
found to be in violation due to high vegetation and some accumulation of debris.
The property was posted and a photograph taken on October 5, 1989. Property
ownership was verified through the property appraiser's office, notice sent
certif ied mai 1 and the signed recei pt was returned. City submitted composite
exhibit A, a copy of the file of record including a photograph showing the condition
of the property. Mr. Packer stated the property was reinspected this morning and
the violation still exists.
MCEB
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11/8/89
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Mr. Murray moved that concerning Case No.1 of Public Nuisance Clearing List
89-11-1 regarding violation of Chapter 95 of the Clearwater City Code on property
located at about 900 Palm Bluff St. aka Palm Park Unbd. Blk., lot 32,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 8th day of November, 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, Code
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 and the
accumulation of debris at the above address.
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The Conclusions of law are: Ed & Bessie Singletary are in violation of Section
95.04.
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It is the Order of this Board that Ed & Bessie Singletary shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (11/20/89).
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 Ed & Bessie Singletary. 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, Ed/Bessie Singletary 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 8th day of November, 1989.
Case No. 42-89
J.P. Hotels, Inc. dba Holiday Inn Surfs ide
400 Mandalay Ave.
(False Alarm repeat)
Elefterios Kekllas
1641 Midnight Pass way
(False Alarm repeat)
Morton Plant Hospital Assoc. Inc.
430 Pinellas St.
(False Alarm repeat)
The Assistant City Attorney requested these cases be withdrawn.
Case No. 51-89
Case No. 83-89
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MCEB
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11/8/89