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Charles D. Ivory
2724 Westchester Dr. N.
aka Lot 84, Westchester of Countryside
Vicki Niemiller, Code Inspector, stated she verified ownership through the
Property Appraiser's Office of P~nellas County. She inspected the property April
3rd and found it to be overgrown. The property was posted and a photograph taken
April 10th. Notice was sent to Mr. Ivory via certified mail and was returned marked
moved, no forwarding address. City submitted exhibit A, an affi davit of pub li cat ion
of the notice of hearing for four weeks in the Pinellas Review. Ms. Niemiller
stated she rechecked the Property Appraiser's records of ownership and Mr. Ivory
was still listed. The property was reposted and a photograph taken June 1; another
notice was sent to Mr. Ivory and again returned no forwarding addressed. Ms.
Niemiller stated she reinspected the property this morning and the violation still
exists. City submitted composite exhibit B, a copy of the file of record.
Item No. 2
In response to questions, Ms. Niemiller stated she does not know if the
property taxes have been paid and she has not been contacted by the violator. She
stated there is a house on the property which appears to be vacant.
No one was present to represent Mr. Ivory.
Mr. Wyatt moved that concerning Item No.2 of Public Nuisance Clearing List
90-]-1 regarding violation of Section 95.04 of the Clearwater City Code on property
located at 2724 Westchester Dr. N. a/k/a Lot 84, Westchester of Countryside, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 11th day of Julv, 1990, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of Law, and Drder.
The Findings of Fact are: after hearing testimony of Vicki Niemiller, Code
Inspector, and viewing the ev idence, exhibits submitted: City exhibit A - an
affidavit of publication of notice of hearing and composite exhibit B - 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: Charles D. Ivory is in violation of Section 95.04.
It is the Order of this Board that Charles D. Ivory shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (7/23/90). 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 Charles D. Ivory. 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, maybe 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
MCEB
2
7/11/90
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complying, Charles D. Ivory 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 11th day of Jyly, 1990.
Highpoint Iov. Inc.
about 1871-1899 Kings Highway
aka Lots B&C, Brentwood Estates
No one was present to represent the violator.
Item No. 3
, )
Vicki Niemiller, Code Inspector, stated she verified property ownership
through the Property Appraiser I s Office of P oine llas County. She inspected the
property and photographed the overgrown condition June 13 and posted the property
June 19, 1990. Notice was sent certified mail and the signed receipt was returned.
She reinspected the property this morning and the violation still exists. City
submitted composite exhibit A, a copy of the file of record. Ms. Niemiller stated
this property has been in violation several times in the past year. In response
to a question, she stated she does not know if the costs incurred by the City to
clear the lot have been paid.
In response to a question, it was stated repeat violations of this nature are
not specifically addressed in the Code.
c:J Mr. Wyatt moved that concerning Item No.3 of Public Nuisance Clearing list
90-7-1 regarding violation of SeGtion 95.04 of the Clearwater City Code on property
located at about 1871-1899 Kings Hwy. aka Lots B&C, Brentwood Estates, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 11th day of Julv, 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 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: Highpoint Inv. Inc. is in violation of Section
95.04.
It is the Order of this Board that Highpoint lnv. Inc. shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (7/23/90). 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 Highpoint Inv. 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
c::> as the City Commission shall determine, may be recorded in the Public Records of
MCEB
3
7/11/90
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