08/08/1990 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of August 8, 1990, 3:00 p.m.
Agenda
Act ;on""-"'-'"
PUBLIC HEARINGS
(At the time a case is heard and
time, set the fee to be assessed
date set for compliance the
in case of non-compliance.)
Board shall,
at the same
Public Nuisance Clearing List 90-8-1
Item No.
1
Martha J. Brammer
vacant lot about
aka Rolling Hts,
2342 Drew St
Lots E-K
Comply within 10 days
(8/18/90)
Case No.
22-90
Gerald Schreifels
1407 Hamlet Ave
(Occupational License)
continued from 4/11/90
Withdrawn.
Case No.
23-90
Michael C Diana
1407 Hamlet Ave
(Occupational License)
continued from 4/11/90
Withdrawn.
ccase No.
24-90
Gerald J & Nancy J Schreifels
811 Lotus Path
(Occupational License)
continued from 4/11/90
Withdrawn.
Case No.
32-90
Domino.s Pizza, Inc
2245 Nursery Rd
(Land Development Code)
Complied prior to hearing;
if repeats violation, may be
fined $50/day for each day
of repeat violation
UNFINISHED BUSINESS
Case No. 90-7-1-2 Charles 0 Ivory
2724 Westchester Dr N aka
lot 84, Westchester of Countryside
Affidavit of Compliance
Accepted affidavit.
Case No. 90-7-1-3 Highpoint Inv Inc
1871-1899 Kings Hwy aka
lots B&C, Brentwood Est
Affidavit of Compliance
Accepted affidavit.
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8/8/90
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There was no one was present to represent the violator.
In response to a question, Ms. Niemiller stated Drew Street Park is to the
east and there is a car lot to the west of the property.
Mr. Wyatt moved that concerning violation of Section 9S.04(a) & (b) of the
Clearwater City Code on property known as those vacant lots about 2342 Drew Street
a/k/a Rolling Hts, Lots E-K, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 8th day of
August, 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: Martha J. Brammer is in violation of Section
95.04.
It is the Order of this Board that Martha J. Brammer shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (8/18/90). 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 cond it ion, without
further notice to Martha J. Brammer. The City Commission may then adopt a
Resolution assessing against th~ 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 apainst the property until
paid. Upon complying, Martha J. Brammer 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 8th day of August, 1990.
Case No. 22-90
Gerald Schreifels (Occupational License)
1407 Hamlet Ave
continued from 4/11/90
Michael C Diana (Occupational License)
1407 Hamlet Ave
continued from 4/11/90
Case No. 23-90
MCEB
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8/08/90
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Gerald J & Nancy J Schreifels (Occupational license)
811 Lotus Path
continued from 4/11/90
The Assistant City Attorney requested Case Nos. 22-90, 23-90 and 24-90 be
withdrawn as they are in compliance.
Case No. 24-90
:'1 '.
Mr. Wyatt moved to withdrawn Case Nos. 22-90, 23-90 and 24-90. The motion
was duly seconded and carried unanimously.
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Domino's Pizza, Inc (Land Development Code)
2245 Nursery Rd
Rick Rosa, Code Inspector, stated he inspected the property June 28, 1990 and
saw a portable sign being displayed, which was in violation of Section 134.017(a)(1)
of the City code. Mr. Rosa stated he reinspected the property on July 10th and
the v io lat ion sti 11 existed. City submitted exh ibit A, a photograph of the property
taken July 10th. Mr. Rosa stated the photograph depicts the same condition that
existed on June 28th. A notice of violation, with a compliance date of July 7,
1990, was sent to the Nursery Road address on July 3rd by certified mail and the
receipt was returned, signed by Chris Wolfe, Manager of the store. As of this
morning, the violation had been corrected. He stated notice of the hearing was
sent to the store address, registered agent and corporate office. He stated there
is a provision in the Code for temporary use of portable signs, which was not the
case at this location.
Case No. 32-90
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Chris Wolfe, Manager at the 2245 Nursery Road location, stated the sign was
moved from the roadside to the side of the building on July 7th; therefore, he felt
the photograph could not have been taken on July 10th. He has had three notices
in three months, but he didn't move the sign previously because the fruit stand
next door had a sign and was not told to remove it. In response to a question, he
stated the store has been here for 1-1/2 years. He stated he did remove the sign
after the first notice of violation, but put it back since the neighbor had a sign
up.
In response to a question, Mr. Wolfe i ndi cated he did not ca 11 the code
enforcement office to report his neighbor's sign.
In response to a question regarding the date the photograph was taken, the
Inspector stated it was definitely taken on July 10th at which time there was
another Inspector with him. He stated he did not reinspect the property on the
requested compliance date of July 7th because it was on the weekend.
Mr. Zinzow moved that concerning violation of Section 134.017(a)(1) (ref.
134.00(e)) of the Clearwater City Code on property located at 2245 Nursery Road,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 8th day of AUQust, 1990, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of law, and Order.
I'D
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The Findings of Fact are: after hearing testimony of Rick Rosa, Code
Inspector, and viewing the evidence, exhibit submitted: City Composite Exhibit A,
a photograph of the property showing the sign, it is evident that a portable sign
had been displayed at this property.
The Conclusions of Law are: Domino.s Pizza ~ in violation of Section
134.017(a)(1).
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It is the Order of this Board that Domino.s Pizza shall comply with Section
134.017(a)(1) of the Code of the City of Clearwater. If Domino's Pizza repeats the
violation, the Board may order them to pay a fine of $50.00 per day for each day
the violation exists after Domino.s Pizza is notified of the repeat violation.
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. Any aggrieved party
may petition the Board to reconsider or rehear any Board order resulting from a
Public Hearing. A Petition for Rehearing must be made in writing and filed with
the Board Secretary no later than thirty days after the execution of the order and
prior to the filing of any appeal. Upon receipt of the Petition, the Board will
consider whether or not to reconsider or rehear the case. The Board will not hear
oral argument or evidence in determining whether to grant the Petition to Reconsider
or Rehear. The motion was duly seconded and carried unanimously.
Done and Ordered this 8th day of AUQust, 1990.
In response to a question, Mr. Rosa stated the violations would be reinspected
on the same date as noted for compliance of same.
UNFINISHED BUSINESS
Case No. 90-7-1-2 Charles D Ivory
2724 Westchester Dr N aka
Lot 84, Westchester of Countryside
Affidavit of Compliance
Case No. 90-7-1-3 Highpoint Inv Inc
1871-1899 Kings Hwy aka
Lots B&C, Brentwood Est
Affidavit of Compliance
Mr. Zinzow moved to accept the Affidavit of Compliance in Case Nos.
90-7-1-2 and 90-7-1-3. The motion was duly seconded and carried unanimously.
OTHER BOARD ACTION - None.
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