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Mr. Cardinal moved that concerning Case No.1 of Public Nuisance Clearing
List 90-01-2 regarding violation of Sections 95.04 (a) & (b) of the Clearwater
City Code on property known as ROWs bordering Druid Rd., By Pass, US 19 & Towers
TV parking lot aka M&B 41.12, Sec. 18-29-16, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 24th
day of January, 1990, 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 exhibit A - a copy
of the file of record including photographs of the property, 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.
The Conclusions of law are: Joseph J. Sorota, Jr., TRE. is in violation of
Sections 95.04 (a) & (bt-
It is the Order of this Board that Joseph J. Sorota, Jr., TRE. shall comply
with Sections 95.04 (a) & (bt of the Code of the City of Clearwater within 1Q
days (2/5/90). Upon failure to comply within the time specified, the City
Manager may authorize the entry upon the property and such action as is necessary
to remedy the condition, without further notice to Joseph J. Sorota, Jr., TRE.
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, Joseph J. Sorota, Jr., TRE. 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 24th day of January, 1990.
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Samir & Mary Armanious
Eagle Est Sub, Lot 38 aka
2959 Eagle Estates
No one was present to represent the violator.
Case No. 2
Vern Packer stated the property is a vacant lot and is overgrown.
OWnership was determined through the Property Appraiser's office. Notice was
sent registered mail and returned unclaimed at which time notice of the violation
was published. City submitted composite exhibit A - a copy of the file of record
and B - a copy of the affidavit of publication of the notice of violation and
hearing.
MCEB
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1/24/90
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Mr. Cardinal moved that concerning Case No.2 of Public Nuisance Clearing
List 90-01-2 regarding violation of Sections 95.04 (a) & (b) on property located
at 2959 Eagle Estates aka Eagle Est. Sub., Lot 38, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held
the 24th day of Januarv, 1990, 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 exhibits A - a copy
of the file of record including photcgraphs of the property & B - a publication
affidavit from the Pinellas Review, 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: Samir & Mary Armanious are in violation of
Sections 95.04 (a) & (b).
It is the Order of this Board that Samir & Mary Armanious shall comply with
Sections 95.04 (a) & (b) of the Code of the City of Clearwater within 10 days
(2/5/90). 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 Samir & Mary Armanious. 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, Samir & Mary Armanious 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 24th day of January, 1990.
Case No. 3
Gary Hunt/Orange & Blue
Construction, Inc.
Highland Est 2nd Addn, Blk G,
Lot 2, aka 1753 pamelia Dr
No one was present to represent the violator.
Vicki Niemiller, Code Inspector, stated she inspected the property October
30, 1989 and posted the property November 2, 1989 at which time a photographs was
taken showing the overgrown condition. Property ownership was determined through
the Property Appraiser's office. Notice of the violation and hearing was
published. City submitted composite exhibit A - a copy of the file of record and
exhibit B - a copy of the affidavit of publication of the notice of violation and
hearing. Ms. Niemiller stated she reinspected the property this morning and the
violation still exists.
MCEB
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1/24/90
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Mr. Cardinal moved that concerning Case No.3 of Public Nuisance Clearing
List 90-01-2 regarding violation of Sections 95.04 (a) & (b) on property located
at 1753 Pamelia Dr. aka Highland Est. 2nd Addn., Blk. G, Lot 2, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held the 24th day of Januarv, 1990, 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, Code
Inspector, and viewing the evidence, exhibits submitted: City exhibits A - a copy
of the file of record including photographs of the property & B - an affidavit of
publication from the Pinellas Review, 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: Orange & Blue Construction, Inc./Gary L. Hunt
are in violation of Sections 95.04 (a) ~.
It is the Order of this Board that Orange & Blue Construction, Inc./Gary L.
Hunt shall comply with Sections 95.04 a & b of the Code of the City of
Clearwater within 10 da s 2 5 90. 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 ,'emedy the condition, without further notice to Orange
& Blue Construction, lnc./Gary L. Hunt. 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, Orange & Blue Construct10n,
Inc./Gary L. Hunt 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 24th day of Januarv, 1990.
Case No.
Raymond W. Smith
1114 Pinellas St a!k/a
Lot 2, Georgas Sub.
(Occupational License)
Complied Prior
Mr. Murray moved to withdraw Case No. 4.90 as the violation has been
corrected. The motion was duly seconded and carried unanimously.
4-90
Ken Marks Ford Inc.
2093 US 19 N a/k/a
Ken Marks Sub, Blk A, Lot 1
(Land Development Code)
Mark Belvisa, General Manager, stated he does not contest that the
violation did exist.
Case No.
5-90
MCEB
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1/24/90
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Rick Rosa, Development Code Inspector, stated he inspected the property and
issued a notice of violation on January 6, 1990 requesting compliance by 5:00
p.m. that day. He reinspected January 9, 1990 and the violation still existed.
Mr. Rosa stated the parking of cars on the grassy area is a land use not
designated on the site plan and therefore in violation of the Code. City
submitted composite exhibit A - photographs of the property taken January 6 & 9,
1990 showing the nature of the violation and exhibit B - a copy of Ken Marks Ford
Inc. site plan with notations of the number of parking spaces totalling 445. Mr.
Rosa went on to mark the location of the violation stating Ken Marks Ford is in
violation with the final site plan as the use was not designated on the plan as
required by section 137.010 (j)(2)g of the City Code.
The Assistant City Attorney requested the Board take judicial notice of the
sections of the Code as indicated.
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In response to questions, Mr. Rosa stated cars are parked on the grass for
display and sales. He stated Ken Marks Ford is in compliance as of today.
In response to questions, John Richter, Development Code Administrator,
stated in this case, display and storage are one in the same. He stated there
was no indication on the site plan of the intent to park on the grass.
Mr. Belvisa stated cars were parked there for display purposes but they
have no intention of parking there in the future.
Mr. Zinzow moved that concernin Case No. 5-90 regarding violation of
Sections 137.010 . 2 and 137.010 i of the Clearwater City Code on property
located at 2093 US 19 N aka Ken Marks Sub., Blk. A, Lot I, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 24th day of Januarv, 1990, 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 Rick Rosa, Development
Code Inspector and Mark Belvisa, General Manager of Ken Marks Ford, admitting to
the violation, and viewing the evidence, exhibits submitted: City exhibits A - a
Bf it is evident that Ken Marks Ford, Inc. was parking cars in an area not in
accordance with the site plan.
The Conclusions of law are: Ken Marks Ford, Inc. ~ in violation of
Sections 137.010(j)(2)q and 137.010(i).
It is the Order of this Board that Ken Marks Ford, Inc. shall comply with
Sections 137.010(j)(2)g and 137.010(i) of the Code of the City of Clearwater by
1/24/90. Should the violation reoccur, it may be deemed a repeat violation and
subject Ken Marks Ford, Inc. to a fine for each day of the repeat violation.
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 24th day of Januar~, 1990.
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MCEB
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1/24/90
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Henry St. Jean, Vice-President of Williams Architects, stated Lokey has a
current site plan for Commission review which contains the original property plus
two additional sites. He stated the right-of-way easement has been changed to a
drainage and utility easement and the sidewalk has been removed. He stated only
required parking spaces need to be shown on the site plan. Defendant submitted
exhibit B, a copy of the proposed site plan.
Discussion ensued regarding whether or not the code would allow parking on
the grass, and John Richter stated a request must be made to the City for proper
review. Discussion also ensued regarding the certified site plan of 19B4 and the
current proposed site plan. Mr. Richter stated the proposed site plan has no
relevancy as it has not been certified.
In response to questions, Mr. Richter stated the property on the north side
of the proposed site plan, which is proposed for use as sales and displayl
storage, was not part of the original site plan. He stated outdoor display of
vehicles has to be in a designated parking area and noted that display of
vehicles is parking. Mr. Richter stated the 1984 site plan does not indicate
parking in grassy or open space area. He stated the minutes of a Board of
Adjustment and Appeal meeting, at which a special exception for outdoor retail
display was considered, do not indicate that permission was granted for parking
in the grassy areas. The City submitted Defendant's exhibit F, a copy of the
minutes of Boa)'d of Adjustment and Appeal hearings of 9/22/83 and 8/9/84.
In response to questions, Mr. Richter stated a request would have to be
made to the City for any use of the easement. Mr. McFarland stated the special
c:> exception granted contained a right to use the entire parcel.
Mr. Wyatt moved that concerning Case No. 6-90 regarding violation of
Sections 137.010(j)(2)o and 137.010(i) of the Clearwater City Code on property
located at 1220 US 19 S aka Lokey Sub, Blk A, Lot 2, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 24th day of January, 1990, 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 Rick Rosa, Development
Code Inspector, Donald McFarland, Atty. for Lokey Motor Company, Henry St. Jean,
Vice-President of Williams Architects, John Richter, Development Code Manager and
Terry Finch, Environmental Manager and viewing the evidence, exhibits submitted:
City exhibits A - photographs of the property, B & E - c~pies of the 1984 sit~
plan depicting parking areas and paved areas, C & D - certified copies of City
Code sections and F - copies of a 1984 application for special exception and
minutes of the Board of Adjustment & Appeal on Zoning, and Defendant's exhibits A
- a copy of Ken Marks Ford site plan and B - a copy of a proposed Lokey Motor
Company site plan, it is evident that cars are being displayed on grassy areas, a
land use not indicated on existing approved final site plan.
The Conclusions of law are: Lokey Motor Company is in violation of Sections
137.010(j)(2)g and 137.010(i).
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MCEB
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1/24/90
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBl,lC OFFICERS
NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMM1TIEE
L....sr N"ME-FIItST NAMI;-MJI)l)LI: NAME
Aude, Robert J.
, )LIN(i !\DL>Il(SS
'-"1719 Brentwood Drive
(IT"
Clearwater
DAlE ON WHICH VOl I: <)(TURRED
January 24. 1990
llUNICIPAL CODE ENFORCEHENT BOARD
tilE: 11(IA RD. COUNCil,. <:OMMISSION. AUTHORITY, OR COMMlTIEE ON
Wltll'H I SERVI: IS ^ UNI1' OF:
'XC'll" : ('OUNlY l' OI'HEllt.oCAl M1ENCY
NAMt; ot' NLlTI<':l\l. SURUIVISION:
('()UrHY
Pinellas
MY "USI1ION IS:
; ELECTIVE
,x APPOINTIVE
)
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WHO MUST FILE FORM 8S
This form is for use by any person serving at the county. city. or other localle\'el of government on an appointed or elected board.
council. commission, authority, or committee. II applies equally 10 members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Sectiun 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is nol required by law. you are encouraged to use il in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you huve a conflict of interest wid vary greatly depending
on whether you hold an elective or appointive position. For this reason, plense pay close attention to the instructions on this form
before completing the reverse side and filing lhe form.
I INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORiDA S'fATUTES
O.ECTF:I) OFFICERS:
I
i A person holding elective county. munidpalf or other local puhli.: orncc tvlUST ABSTAI N from voting on a measure which inures
I to his spt:cial private gain. Each local officer also is prohibiled froln knowingl>' voting on a measure which inures to the special
gain of a principal (olher than a government agency) by whom he is retained.
i
In eilher case. you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slaling 10 Ihe a,,>sembly Ihe nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN /5 DAYS AITER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in lhe minutes.
APPOINTED OFfiCERS:
A person holding appointive county, municipal, or olher local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibiled from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by ~'holll he is retained.
A person holding an appointive local office otherwise Olay p.micipalc in a matter in which he has a conflicr of interest, but must
disclose the nat ure of Ihe conniel before making any allempl 10 influeltCe (he decision by oral or written communication. whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE t\.lEETING AT WHICH
THE VOTE WILL BE TAKEN: .
· You should complete and file this form (before making any lllrernpr 10 influence the decision) wilh the person responsible for
CGf~cording the minutes of the mectingf who will incorporale Ihe form in the minules.
· A copy of the form should be provided immediately 10 r he other members of t he agency.
· The form should be read publicly al the meeting prior to consideration of the matter in which you have a connict of interest.
I , III< \I ~Il I/I,/lh
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IF YOU MAKE NO AlTEMPT TO INFLUENCE THE DeCISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orall)' the nature of your conflict in thc measure before participating,
· You should complete t he form anJ file it within IS days after the vote occurs with the person responsible for recording the minutes
of (he meeting, who should incorporate the form in the nlinutes,
I
o
I.
Robert Aude
DISCLOSURE OF LOCAL OFFICER'S INTEREST
January 24
hereby disclose that on
90
fI9_:
(a) A measure came or will corne before my agency which (check one)
_ inured to my spedal private gain; or
Lokey Hotor Company
--E.. inured to Ihe ~pccial gain of
, by whom I am retained.
(b) The mcasure before my agency ami the nature of my inlCreSI in the mensure is as follows:
/-tJrp/ /llt71CJ!\?
15 CtJeA/( C/F &J(lK/./ /lJQUU7Z5 flf\/N,
Dale Filed
~~L__
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,
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~J12.3J7 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000.
,...