08/22/1990 (2)
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No one was present to represent the violator.
Mr. Aude moved that concerning Case No.1 of Public Nuisance List 90-8-2
regarding violation of Section 95.04 of the Clearwater City Code on property
known as New Marymont Sub., Blk; D, Lot 7 located at 1871 McKinley Street, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 22nd 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.
The Findings of Fact are: after hearing testimony of Vicki Niemiller, Code
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit
A, it is evident that there exists the excessive growth or accumulation of weeds,
undergrowth or other similar plant materials and/or debris at the above address.
The Conclusions of Law are: Helen L. Russell is in violation of Section
95.04.
It is the Order of this Board that Helen L. Russell shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (9/1/90).
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 Helen L. 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 Eommission 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 L. Russell 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 22nd day of AUQust, 1990.
Richard Lennon
Lakeview Hgts., Blk. A, Lot 1
about 1101 Lakeview Rd.
(Section 95.04-Lot Clearing/Public Nuisance)
Rick Rosa, Code Inspector, stated he first inspected the property July
27, 1990. He verified ownership through the property appraiser's office and
posted the property on July 31st. He reinspected the property this morning and
the violation still exists. He submitted City composite exhibit A, a copy of
the legal notice, photographs and copy of the certified mail receipt. In
response to questions, he stated, the property is in violation of Section 95.04
of the City code, he has had no response to the notification, it is a vacant lot
and he believes the owner is in New York.
Case No. 2
No one was present to represent the violator.
MCEB
2
8/22/90
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Mr. Aude moved that concerning Case No.2 of Public Nuisance Clearing List
90-8-2 regarding violation of Section 95.04 of the Clearwater City Code on
property known as Lakeview Hgts, Blk A, Lot 1 located at about 1101 Lakeview
Road, the Municipal Code Enforcement Soard has heard testimony at the Municipal
Code Enforcement Board hearing held the 22nd 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.
The Findings of Fact are: after hearing testimony of Rick Rosa, Code
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit
A, it is evident that there exists the excessive growth or accumulation of weeds,
undergrowth or other similar plant materials and/or debris at the above address.
The Conclusions of Law are: Richard Lennon is in violation of Section
95.04.
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It is the Order of this Board that Richard Lennon shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (9/1/90). 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 Richard Lennon. 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 1 iens 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, Richard Lennon shall notify
Rick Rosa, 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 22nd day of AUQust, 1990.
Dimmitt Car Leasing, Inc
Coachman Hgts Rev, Slk B, Lots 1-4, 18 & 19
aka vacant lot about 1000-1020 Pierce St
(Section 95.04-Lot Clearing/Public Nuisance)
Rick Rosa, Code Inspector, stated he first inspected the property July 26,
1990. He verified ownership through the property appraiser's office, posted and
photographed the property on July 27th. Mr. Rosa submitted City composite
exhibit A, a copy of the notice, certified mail receipt and photographs. In
response to a question upon viewing the photographs, he stated the property in
violation does extend behind the fence also and this is a repeat offender. In
response to questions, he stated he does not know the outcome of previous
violation, the property is in v)olation this time due to high vegetation and
debris. He stated the boats may be considered as storage and he thinks there
is a conditional use for the outdoor storage.
Case No. 3
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No one was present to represent the violator.
MCEB
3
8/22/90
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Mr. Aude moved that concerning Case No.3 of Public Nuisance Clearing List
90-B-2 regarding violation of Section 95.04 of the Clearwater City Code on
property known as Coachman Hgts. Rev., Blk. B, Lots 1-4, 18 & 19 less road
located at about 1000-1020 Pierce Street, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd
day of Auaust, 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, Code
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit
A, it is evident that there exists the excessive growth or accumulation of weeds,
undergrowth or other similar plant materials and/or debris at the above address.
The Conclusions of law are: Dimmitt Car Leasing Inc. is in violation of
Section 95.04.
It is the Order of this Board that Dimmitt Car Leasing Inc. shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (9/1/90).
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
condition, without further notice to Dimmitt Car Leasing 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 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, Dimmitt Car Leasing Inc. shall notify Rick Rosa, 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 22nd day of AUQust, 1990.
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CSX Transportation, Inc.
M&B 14/08, Sec 21/29/15
aka RR right of way from Lakeview Rd S to Belleair Rd
(Section 95.04-Lot Clearing/Public Nuisance)
Rick Rosa, Code Inspector, stated he first inspected this property June
19, 1990. He verified ownership of the property through the property appraiser's
office and sent notice of the violation to the owner via certified mail. The
property was posted and photographs taken on July 30th. He reinspected the
property this morning and the violation still existed. He submitted City
compos ite exhibit A, a copy of the certified mail receipt, the noti ce of
violation and photographs.
Case No. 4
No one was present to represent the violator.
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MCEB
4
8/22/90
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Mr. Aude moved that concerning Case No.4 of Public Nuisance Clearing List
90-8-2 regarding violation of Section 95.04 of the Clearwater City Code on
property known as M&B 14/08, Sec. 21/29/15 a/k/a RR right of way from Lakeview
Road south to Belleair Road, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 22nd 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.
The Findings of Fact are: after hearing testimony of Rick Rosa, Code
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit
A, it is evident that there exists the excessive growth or accumulation of weeds,
undergrowth or other similar plant materials and/or debris at the above address.
The Conclusions of law are: CSX Transportation Inc. is in violation of
Section 95.04.
It is the Order of this Board that CSX Transportation Inc. shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (9/1/90).
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 CSX Transportation 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 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, CSX Transportation Inc. shall notify Rick Rosa, the City Official who
shall inspect the property and notify the Board of complianc~. 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 22nd day of AUQust, 1990.
UNFINISHED BUSINESS - None.
OTHER BOARD ACTION - None.
NEW BUSINESS
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Concern was expressed regarding recommended orders being submitted to the
Board by the prosecution for the City, and it was stated this could prejudice
the action of the Board. It also was stated those orders currently used are
sufficient.
Concern was also expressed regarding citing one party for a violation and
possibly overlooking a similar violation nearby. It was requested these
situations be addressed.
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A question was raised regarding repeat violators and whether or not a
stiffer fine could be assessed in these cases.
MCEB
5
8/22/90
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