09/12/1990 (2)
. '~.. '~::.";:.;~-it.t'M..~~' ~~~~: 4(,;. . "..' }',;; ~~i .....',.. ~.:.' , , , ,..,' , ,. '., ' I.. " .' .
.~;t,~~Sf:~~-l.~'"~;'i,i).';J,~l,~'~}r;,t~.x.~t\!.tJ1.M~!~'\l'J';i'i'f.w"'e~SJ"')f"'it",",;'~w:.,,;,''''~''!\..-~~'''-.t~~~'' . 'I'~' ""'~' ~~" 1""",-,
'):~"'''''l,'''''''~tl'~'rf<'''''''''';''"'' flU,,, 1 I;' -",,;.,' ('.... '~J~ FA, .,.Jw...,;it..l... '''. ..",.h....:*,..~';'.('"",......Il).j'~if,l;::",1.:(~:;;(,~t;;~--4?f~'nf'l-.,!t~, '~ ., ,,I' . \.--t',rJk 't 1..~~
, ,..,,,1, ce" '.C<, '. ",',.",',V',., ",,,.,,.. '" .,." ','>C' ",', .. ',C".' ..", ".. ". " ..... ..,"""","" ",.,", ,~..,.,._ '.~ .", .,",.~",~. ". "",.-'" ..d') "
,','
,
.
"
r-
F
r--
I
.I "
.~.
"
o
0]' "
" ".' /.
, -.' "
. I'~' .' . r <
. . '. . ~ _ " I, ,:
, :<;',
" .
~
.' .
MUNICIPAL CODE ENFVRCEMENT BOARD
Meeting of September 12, 1990, 3:00 p.m.
Agenda
..'""'-".............-........--.-.----~4.~__...._~
Action
,
PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the same
time, set the fee to be assessed in case of non-compliance.)
Public Nuisance Clearing List 90-9-1
- Item No. 1
- Item No. 2
- Item No. 3
- Item No. 4
Item No. 5
- Item No. 6
- Item No. 7
- Item No. 8
- Item No. 9
MCEB
Michael Sarris
3BO Elizabeth Ave aka
M&B 13/2601, See 17-29-16
Comply within 10 days
(9/22/90)
Dimmitt Car Leasing, Inc
Pierce to Franklin Sts midblock,
W of East Ave aka Magnolia Park
Sub, Blk 7, Lots 4 & 5, Lots 6 & 11
less E 15 ft & lot 12 less W 12 ft
Comply within 10 days
(9/22/90)
Seaboard System Railroad Inc
Pierce to Franklin St, W side of East
Ave aka Magnolia Sub, Blk 7, Lots 7-10
and E 15 ft of lots 6 & 11
Comply within 10 days
(9/22/90)
First Federal Savings & Loan Assoc
14BO S Madison Ave aka Harvey Park,
Blk C, Lot 4
Comply within 10 days
(9/22/90)
Roger C Ravel & Ray Ulmer
vacant lot about 607 Jones St aka
Jones Sub of Nicholson's, Blk 6,
Lots 7, 8 & part of lot 6
Comply within 10 days
(9/22/90)
Scott & Alicia Nicholas
vacant lot about 2993 Talon Dr aka
Eagle Estates, Lot 44
Comply within 10 days
(9/22/90)
James R Chambers
3280 Mulberry Dr aka
Countryside Tract 5, Lot 62
Comply within 10 days
(9/22/90)
Joseph & Miriam S Jackson
1349 Over lea St aka Pinebrook
Highlands, Blk E, Lot 3
Comply within 10 days
(9/22/90)
Keith Bostrom & Terri M Hejna
1340 Over lea St aka Pinebrook
Highlands, Blk 0, Lot 16
Comply within 10 days
(9/22/90)
1
9/12/90
,r-
r--
.\~ "j
F,
0 Item No. 10 Ed & Bessie M Singletary
vacant lot about 900 Palm Bluff St
aka Palm Park Unbd Blk, Lot 23
Case Ho. 33-90 Stanislaw Budzinski
Britt's Beachside Care
201 S Gulfview Blvd
(Development Code)
Case No. 34-90 Domino's pizza, Inc
2350 US 19 North
(Development Code)
Case No.
35-90
Dimmitt Chevrolet, Inc
2285 US 19 North
(Development Code)
Case No.
36-90
Crown Motors of Clearwater
(Development Code)
601 US 19 North
UNFINISHED BUSINESS
90-8-1-1 Martha J. Brammer
Rolling Hts, Lots E-K
aka vacant lot about 2342 Drew St
Affidavit of Compliance
Case No. 90-8-2-1 Helen L. Russell
New Marymont Sub, Blk D, Lot 7
aka 1871 McKinley St
Affidavit of Compliance
Case No. 13D-88 John Mavrogiannis
dba Import Auto Clinic
Status Report
OTHER BOARD ACTION
NEW BUSINESS
MINUTES - Meeting of August 22, 1990
ADJOURN
.
MCEB
2
Comply within 10 days
(9/22/90)
Withdrawn
Complied prior to hearing;
if repeats violation, may be
$100/day for each day of
repeat violation
Withdrawn
Complied prior to hearing;
if re~eats violation, may be
$100/day for each day of
repeat violation
Accepted affidavit
Accepted affidavit
Reviewed status; Board
authorized staff to proceed
as necessary to collect on
outstanding lien
Discussion re procedures;
consensus to discuss at next
meeting (9/26/90)
None
Approved as submitted
5:30 p.m.
9/12/90
~
r-
..1 ",..i,,'
p,
,p .:
r---
,\
~.
',~\1lI\rm-.tf.t~~~r.r.:~' __,' ,;"......
"&t'1:,.t7:..~..~.JJ~h.:"'~~~:J'Ii'U~<;cl:!~~\tzr~&~~~}'rzgt1}I~~~/~~;r~~f;;~~~~~~~.J:'d\l\'l~__ ,
1
o
."------......~~..rl-OIJt~~~~~~~~~~!:.~~~~&:f~~"y~~.
PUBUC NUISANCE CLEARING usr 9O-OO-O~ 08108I9O
1. 380 Elizabeth Avenue Clearwater, Florida; M&B 1312601, Parcel #17/29/16/??oo0/13012601.
Michael Sarris, 380 Elizabeth Avenue, Clearwater, Florida 34619.
Owned by:
2. From Pierce St. to Franklin St. mid block west of East Avenue, Clearwater, Fl; Magnolia Park Sub., Blk 7,
lots 4 & 5, lots 6 & 11 less E 15 feet and lot 12 less W 12 ft, Parcel # 15/29/15/54450/007/0040. Owned by:
Dimmitt Car Leasing Inc., 2201 U. S. 19 N., Clearwater, Fl 34623-2102.
3. From Pierce St. to Franklin St., West side of East Avenue, Clearwater, Florida;
7, lots 7, 8, 9, 10 and E. 15 ft. of lots 6 and 11; Parcel # 15/-29/15/54450/007/0070.
$ystem Railroad Inc., 500 Water St., Jacksonville FL 32202.
Magnolia Park Sub., Blk
Owned by: Seaboard
4. 1480 S. Madison Avenue Clearwater, FL; Harvey Park, Block C, Lot 4, Parcel # 22-29-15-37602/003/0030.
Owned by: First Federal Savings and Loan Association, 100 N. Clearwater-Largo Rd., Largo, FL 34640-2356.
5. Vacant lot about 607 Jones Street, Clearwater, Fl; Jones Sub of Nicholson's, Blk. 6, Lots 7, 8 and Part of
Lot 6, Parcel # 09/29/15/44352/006/0070. Owned by: Roger C. Ravel, Ray Ulmer, Guard Hill Rd.,
Bedford, N. Y. 10500.
6. Vacant lot about 2993 Talon Drive, Clearwater, FL; Eagle Estates, Lot 44, Parcel #
20128/16/23638/0000440. Owned by: Scott Nicholas, Alicia Nicholas, 2008 Savannah Parkway, Westlake, OH
44145.
7. 3280 Mulberry Drive, Clearwater, FL; Countryside Tract 5, Lot 62, Parcel # 19128/16/18634/000/0620.
Owned by: James R. Chambers, 515 Chesapeake Dr., Tarpon Springs, FL 34689.
8. 1349 Overlea Street, Clearwater, FL; Pinebrook Highlands, Blk E, Lot 3, Parcel #
10/29/15/69066/005/0030. Owned by: Joseph Jackson, Miriam S. Jackson, Rt. 2, Box 784, Elizabeth City, NC
27909.
9. 134{) Overlea Street, Clearwater, Fl; Pinebrook Highlands, BId. D, Lot 16, Parcel
10/29/15/69066/004/0160. Owned by: Keith Bostrom, Terri M. Hejna, 1340 Overlea St., Clearwater, FL
34615.
10. AKA the vacant lot at or about 900 Palm Bluff Street, Clearwater, FL; Palm Park Undb Block, Lot 23,
Parcel #: 10/29/15/65718/000/0230. Owned by: Ed and Bessie M. Singletary, Apt. B, 706 112 Eldridge
Street, Clearwater, FL 34615.
. ~ t, ':'!'l'1u'4i;."'~,,:;},;1)"'..~':",~''"1'r',1..'.. .~....: .
r-
r-
.~ \'
r:
j "
.... \ .
~ :' :.
i
:t
10
1
\
I
'I
, \,
, \ ""
J '
, \
\' '~
;,
o
0'
. .
~
MUNICIPAL CODE ENFORCEMENT BOARD
September 12, 1990
Members present:
William Murray, Chairman
Bruce Cardinal, Vice-Chairman
William Zinzow
D. Wayne Wyatt
John McKinney
Absent:
Robert Aude (unexcused)
Louise C. Riley (unexcused)
Also present:
Miles Lance, Assistant City Attorney
Andy Salzman, 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.
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 Clearina List 90-9-1
- Case No. 1
Michael Sarris
380 Elizabeth Ave aka M&B 13/2601, Sec 17-29-16
No one was present to represent the violator.
Rick Rosa, Development Code Inspector, stated the property is in violation
due to excessive growth. He verified ownership through the Pinellas County tax
rolls. He first inspected the property August 10th and posted the property August
16th. Notice of the violation was sent certified mail which was returned unclaimed.
Mr. Rosa submitted City exhibit A - a copy of the notice, a photograph of the
property and the unclaimed returned certified mail receipt. In response to
questions, Mr. Rosa stated there is a residence on the property which is vacant.
Discussion ensued regarding whether proper notice had been served, and it
was stated there was no follow-up after the certified letter was returned. The
Assistant City Attorney stated the practice of advertising notice of hearing is
opt i ona 1.
~.
MCEB
1
9/12/90
;i- '
~;:' '
.~:
r .
, _....._..._H...._h.. .' ..,' ."" . .", ,
-f" .I....:/;~~,..-r:~M5~ ~,~..b:I... k-.,----.:'
. .
. .
~
-
,r
r
.
,I'
r
....,
SJ ..,
. , ' " .
..:~,<~ :';" . ,.
, ,,', "" . ,,':.'..
. " ,I'"
, " ..
". \,"
"
l
, .
l
;:;:~~~"'~"~~~~~~~:1' ;., ". ~;~;";j(:i~~I?~;~,~~;f!>'B'\)" , ',,' ",," ' '.:::,,<,," .', "f~\~:' ",: ':';:0.:j;;:~~;:;'!i,t.'\:; " .
, "; '. '. ~Jb~r~x ~j*~~t~t~fr~;Ji"~J{~'l{tT~~r!j~l~;~~}1 '':'';,;C,:;',; i':"Y'{}'I;'>";"i:t<,;',~f'} ;',:::~, ?~}",:;;'::':;""Y:'<:~i;{!:.:.., ,,<':;N?~~,>: ',' fmf?T~;~~;o/.R:'~: '~( ~,.',
, ; ,.", ':;!~;:::I~~~:: ~~it1;~;";;T<;;:;':;/:::";"'?;::):i:""::'> ,>~::'.""":: "" :",' ::';',"';<:,;<:' ..';' c..:; ';, ,,' :,: .'i::,~;' ':':?~:",,; ~:.
-'\'
, I
,
"
,,:,;,," ':',: ' , ':
i,,:':' e",,:/:,:';./:,~, ".".
,. ':i::',:"''':<';'':'",,
;.~ "'~.-)_~T .7 ,.:.; ">:~ . -, . . "
'," "
~t.
;:'.
-' ,.I
, . ~ ,(:
t ,<
f"~
.f"'"
1"
~.~,:"
( .
t: ~. '.~
,
.- '
f. 'tJ
)
,
.-
I ""
\f{
f : .~'
t',....._(;;~w.
. ,~: 1.;,'1",
;1:\' ~
.-,
"
"
..
~?:'
i,';., i
i'.,
,,:,1
:j
i',e
I,:t c,';;'.'
;';;:',Ii~,' \' ,
I
,. . ,]
,-'
'.'~~<';'.' ,'" .' .. '
,:~(, " ,""
'1' ',~".".;;": ".,~ :.',' ,
{,..;t;,/:/';;""
;:';}",:~'; .....'.\
,.,.;0..,;, .
"': ' . ,',' \
" i
'cr'.'
ii-.
\:'i/,
""-:'"
.> :,:,.',}
:,1':"
':" " ,"
, ,,\'\ 'to;' '.
',.. '.,.', ,'.
,,' ',,' "
.":.' I"
,';' '..'
',. "'.~;' :,: ,.',
::."./~>'/
';..' :' ":
..~:
1:1,',0\, ,',
:,: :2,<':'~
','
::.
.' :t"r:
";'\"'"
';....',';':' ;;";:,,,: "
:<,':,':Ii;:':
".':'
:"':2(' ::,
>~ " ;;::":,;';i
;:;,:,/:::{,>;
," ,-,:;";.,:.:",,r/
i' ((,,1':'"
A. ", ",::.>;:
,:~": ;/:<;'::::::7f,'
.)/:i,," ,. .
,:-":',: '.""': .:'" ,"':
:....-::\::':;'(:"..'
':,Ji~F: ..'. t'.~
.~ " ;,', !"..
"
1\.
,'.
"):;<'~~::.<; '" . .'~:"
.J'":
o
,
o
.
:4:.
~.'
",' " ,'"
'.
: . .,
.j,.
Mr. Wyatt moved to continue Case No. 1 until proper service is obtained.
The motion was duly seconded and carried unanimously.
Further discussion ensued regarding advertising and it was stated it is a
lengthy process, taking at least an additional four weeks.
Concern was expressed that a single attempt to notify the violator may not
be sufficient.
After hearing Case Nos. 2-10 of Public Nuisance Clearing List 90-9-1, this
case was reopened.
Rick Rosa, Development Code Inspector, stated he had received a complaint
August 6th leading to his inspection of August 10th. He stated the property is
still in violation as of this morning. In response to a question, the Inspector
stated he did not see the posted notice upon inspection this morning.
Mr. Cardinal moved that concerning Case No. 1 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at 380 Elizabeth Ave. aka M&B 13/2601. Sec 17-29-16, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 12th day of September, 1990, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions
of Law, and Order.
" '. " '/ ,'. :.; ~~:, ,; :'.."::<:(
, ,'-(
" " i
'. ":., .," .,..,
"".;,:,.
'1' ,'I,'
'", :
<'
.,. . .~
, '.,,' " ; >,:.;::':,,'
-, '; .~, .,},'; :<', '
" ii'".-.>::'
',;, " e,:,;';;'
'.' ,::,'.' ;,...',
· ," "," ~,~,<::,\:{;'~:i;"
" ,'.' . ',", ;'....;, i, :
" ",,>,' """/:;'~/'/"':> ~~::;'
, ,::' : ','c": ,;' ;,.: '~':~"
, :,,\:i:::\'.':,:<;:.,
" ",,, . "",...,'F,':'r,.,:
, . """...>,Y:': J;:::'
: " ::" ...,,"';:.' ':;::;< ":e '.,:,;:; .,<
" '.: ':,"';,,:,,;"'\:,"'h.,',
, ;"::-";",',,,,.. ,'.'
':;,.',':(' ::',:
.' '; : "." ',:\, ',,::,.". .:,:,','
'<>:...':". ,,::':'.',': ;ii,' ;,:',
:. ' :', ;,.',>':/ ',.. 'J,";"f:.::-:~
" . ., ,:,>",,:.,
.,:",..::,:,;)/.:":;:; "
:~,,: r
:'.-'
,;,';
I
,
I
I,
t.'
r
I
,
.
i
The Findings of Fact are: after hearing testimony of Rick Rosa, 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.
',;:." ,.",
,'"
MCEB
2
" , ",'. '::.' "\~' :': ~~{~: '(
, .... ,,;:;':,'>
'. .'i ',{.;,:'"
:, .',',
; "",:,-, .",:,: ,;,,'", ;':",:,.,' ,
:..., , ::}/(". '\::
" ':,,' , ':",:: '. .
::'.:':;/:,:>,>:,':~; ('0i~': ~
.':.:<t\:,;;,.;~,,:): ';', "";'"
r:\" ,':, . .':: ,.I '}:i ,'J:
," .....,'...; (Pi · ;':~ ;\~"'i.
"': :'; ',~ ,"::,';': :::"i;;," :;:<:~' :~h: 1
,.' ,', " ~,:,';,(:,i :,;-:~: I,',', '.',
:' ." :.' :'. '>0':X ,'~'" ,:,,'':.
'.", ,';", .. " ,," ,( ;.,';i:
, ,,::, :., .; , '" ",,',::,';
:' ' ,:.':",,",", ':. :., ,';', >
r.. '.:'.. , . ',::' :,,', ie,
\"", ':.""'/,':' i:'.'
: : ", ',':' ;,,',', .c',:',
, .,' ":;::',>(:,;, ..;.:; .'"
I..'" ,'.' ':. .'-', ..
" ,f, :';':("::(' <::;:. ,', :~:,!;-;
,~::,,:,.<:,':>/,~'.:~:,;:':' ," :">'.','
, ',<,::);';:: :' <'\:,:;"';';,:,"
'.' :' :','.:'/\.,:;~< i;,.', ~t:; ,
,e,,:\;, " ;:':'t'. '
'.. " ," ' .i,:;:)'),..;:'~'~: ':: ,',.,';' ,:<;': F;" .
Co;}:'>:"~ ;:.. .' '
.. . ::: '.", ',.;.' ,:':~:/\":'~ :;, ;>..;
'. : ":",:, :r~>~ ' .
.' ",' ,.,,': :;'/",::~;::: '
.. ~ ". ,<,,: '::;f:>:',:;:,:' ,
~; .,.. ":>;:,';' <::\;{i "~'I
~:i ...--+~':\ 'j";::, ,
,'- ,);. >, ,. . ,.' '. ' ;','.
~ ,^,,_,_~,. ~N " :, ,'~~i:},:""::".( ',':~.,..:','
"tt.~,\;j"-,.,,.~, ,.,', "1l~~. " "t:..'!'!' . \ " lIl.l1('J.t,,~.
,~__~~~~#1;}jJ)}i~~1:;;i1t;iif.i~,~~~~~~;~::~!~t~~::~~7~i/'uJ!.Ia.' ;.. .1 :"~,,!.:i.~t_.:~
~ .. ,.. ,,,\;,~'~~~ ' "ue:,,",."~';';J,,"
f > , ' .... .... ;. ':' .', ~.~:-..... '.t:;:'.~""'f .,'./ ..-....~:.1\.:l ...... '::f,f
'~',,"~.:"'" '.............,. .:....._:. ,', ...."J.,....~ .~i(' ...
-- .; '\".';~'.l.,:.:. ' '. I,,, I
The Conclusions of Law are: Michael Sarris is in violation of Section 95.04.
,"..'
It is the Order of this Board that Michael Sarris shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Michael Sarris. 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, Michael Sarris 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 12th day of September, 1990.
9/12/90
... ~:":,'
" "
.. ' ~.,,; < ;, . .....~ :. -" '.:.
. "
-
".J1"
:, :, .: ".:' .'~: . . ;.'
.' ,~" . ' ,
, ". .
" ..' "'. ,." ,
" ""\" .. '
. . . ~ ,
" , .
, " .
, .
..
-
r-
r-
r----
I
. ,
I:
. , (,
':,Ii
,Jj
~1
'~
;:1
,~
,
~
"
I
i
J
, i
i
j
i
No one was present to represent the violator.
Rick Rosa, Development Code Inspector, stated this property is in violation
of Section 95.04 of the Code due to excessive growth. He verified ownership through
the Property Appraiser's Office of Pinellas County. He stated he first inspected
the property August 1st and he posted and took a photograph on August 16th. He
submitted City composite exhibit A, a copy of the signed certified mail receipt and
a photograph of the property.
In response to a question, Mr. Rosa stated he reinspected the property this
morning and the condition still exists. He stated he usually gets some response
from the violator after issuing the notice, but in this case he did not.
Mr. Cardinal moved that concerning Case No.2 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located from Pierce St to Franklin St midblock W of East Ave aka Magnolia
Park Sub, Blk 7, Lots 4 & 5 and Lots 6 & 11 less E 15 ft, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 12th day of September, 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 ar~: after hearing testimony of Rick Rosa, 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.
- Case No. 2
Dimmitt Car Leasing, Inc
Pierce to Franklin Sts midblock, W of East Ave aka
Magnolia Park Sub, elk 7, Lots 4 & 5, Lots 6 & 11 less
E 15 ft & Lot 12 less W 12 ft
e
i.;.~: ~,
I
I
,\
!
\
"
\.;
i
\
o
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 (9/22/90). 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 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 compllance, either party may request a further hearing
before the Board. The motion was'duly seconded and carried unanimously.
c:> Done and Ordered this 12th day of September, 1990.
MCEB
3
9/12/90
","Tl~' "
I
'. ~ ,,-
"
"ill' ,',
.', ',:.'. . 't." /, ,~',:,.'
.. ',' ' :.,. . .
, " ;. , '
. ,. . , .
I . . ,
. .' ,.... '.
, '
, y .'
r.
r
r-
'08"'"
, : \, >'
" " ',;,
. . . ,"
, . .. . ,
. . . .
. ',': :." '. " ~:."
"
, ,
~.
n I , :, .'.' . ~
I
,
~ :
, ,
.
<"
'0
"
~:f.
Seaboard System Railroad Inc
Pierce to Franklin St, W side of East Ave aka
Magnolia Sub, Blk 7, Lots 7-10 and E 15 ft of Lots 6 & 11
No one was present to represent the violator.
- Case No. 3
!
'.
Rick Rosa, Development Code Inspector, stated this property is also known as
206 East Avenue and was found to be in violation of Section 95.04 due to excessive
growth. He verified ownership through the Pinellas County tax rolls, posted the
property and sent notice certified mail on August 16th. He reinspected the property
this morning and the violation still exists. The Inspector submitted City composite
exhibit A including a photograph of the property and copy of the certified mail
return receipt.
Discussion ensued regarding habitual offenders who seem to be taking advantage
and using the City as a lawn service. It was stated proposed amendments to the
public nuisance ordinance are being rewritten for City Commission consideration.
Mr. Cardinal moved that concerning Case No. 3 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located from Pierce St to Franklin St, W side of East Ave aka Magnolia
Park Sub, Blk 7, Lots 7-10 and E 15 ft of Lots 6 & 11, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 12th day of September, 1990, and based on the evi dence, 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
- 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: Seaboard Systems Railroad Inc. is in violation
of Section 95.04. "
It is the Order of this Board that Seaboard Systems Railroad Inc. shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90).
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 Seaboard Systems Railroad 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, Seaboard Systems Railroad 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 12th day of September, 1990.
'!..'
o
2)
MCEB
4
9/12/90
"
.':;~~
!flfil'~!\iII"',~',
.' :.',
" ,
'''-'.
11(,,':
l'.
" ,','
"
r-'
~,., ,
. ", .' .
. , ,
. "'. " .. " .
. "".," ", ,"; ',,:,,'
, ." " .. l.'.
, "',' .', '.
.. : ., '.,'. ~ .
\ 'I :
, l.,
r
1 .
~
' . . ". "1 .
r:-
I
MCEB
5
9/12/90
t.':,
k!' .
;\
..'-
....i
'y
"
Case No. 4
First Federal Savings & Loan Assoc
1480 S Madison Ave aka Harvey Park, Blk C, Lot 4
No one was present to represent the violator.
~
~
"-"';f,/J
. i
o
Rick Rosa, Development Code Inspector, stated this property is in violation
of Section 95.04 due to excessive growth. Ownership was verified through the
Pinellas County tax rolls. He stated he first inspected the property August 1st,
posted the property and sent not ice via certified ma i 1 on August 16th. The property
was reinspected this morning and the violation still exists. The Inspector
submitted City composite exhibit A - a copy of the notice, a photograph of the
property and a copy of the signed certified mail receipt.
In response to a question, Mr. Rosa stated he has not had any response from
the violator.
It was stated the property has already been or is currently in foreclosure.
Mr. Cardinal moved that concerning Case No.4 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at 1480 S Madison Ave aka Harvey Park Sub, Blk C, Lot 4, the
Municipal Code Enforcement Boar'd has heard testimony at the Nunicipal Code
Enforcement Board hearing held the 12th day of September, 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
- 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.
\".
,'. .
,
i
I
I
". "\
' ,
'. ,
, j
The Conclusions of law are: First Federal Savings & Loan Assoc. is in
violation of Section 95.04.
It is the Order of this Board that First Federal Savings & Loan Assoc. shall
comply with Section 95.04 of the Code of the City of Clearwater within 10 days
(9/22/90). 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 First Federal Savings & Loan Assoc. The City
Comission 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, First Federal Savings &
Loan Assoc. 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 carried unanimously.
(:) Done and Ordered this 12th day of September, 1990.
, '
_ .". ':';""""'';''t~_''''__'~''~~'
.. <'> 1 .'~' "'i~": .-...~~l'~'.."r.. I'~"",~ < "t;'
.,;L~i;;c:;,;;~:~";;;.;,~~b;~f~~J~~'~;,~"~ig'\~i~~~~~i~~i~;~~i:".
t""'I . 'i ' . " ,
, ~-.:-:-';'.--,:-"" - ""~ --....
.,,'
. .":
('lJ' ".
'.' , ,f .
, , ,
I " .' ,
" .
, , ' , ,
," ,l.'
, ' . . ~ ,
.....
r-
.r-
~....
. ... I .. .
r-
I
i ..
rl
~
J
i
\
\0
~"~
,..
- Case No. 5
Roger C Ravel & Ray Ulmer
vacant lot about 607 Jones St aka Jones Sub of Nicholson's, Blk
6, Lots 7, 8 & part of Lot 6
No one was present to represent the violator.
o
Vicki Niemi1ler, Development Code Inspector, stated this property is;n
violation of Section 95.04 due to excessive vegetation. She verified ownership
through the Property Appraiser''S Office of Pinellas County. On July 30th the
property was inspected, posted ana a photograph taken. Notice was sent certified
mail. As of this morning, the property ;s still in violation. The Inspector
submitted composite exhibit A - a copy of the notice, certified mail receipt and
a photograph. She state this is a repeat offender. In response to questions, Ms.
Niemiller stated this is a commercial neighborhood, and both the City and the
violator have cleared the property regarding previous violations.
Mr. Cardinal moved that concerning Case No. 5 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at about 607 Jones St aka Jones Sub of Nicholson's, Blk 6,
Lots 7, 8 and part of Lot 6, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 12th day of
September, 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.
I..
,.
. ') .
.\..
The Conclusions of Law are: Roger C. Ravel & Ray Ulmer are in violation of
Section 95.04.
It is the Order of this Board that Roger C. Ravel & Ray Ulmer shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90).
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 Roger C. Ravel & Ray Ulmer. 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, Roger C. Ravel & Ray Ulmer 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 12th day of September, 1990.
o
"
MCEB
6
9/12/90
.' '. ~.:.
....~. "".} .
" "
.r-..
r-
.",',"
~~
..:,,7]/
,..
~..
,.
~
Case No. 6
Scott & Alicia Nicholas
vacant lot about 2993 Talon Dr aka Eagle Estates, Lot 44
'j.
. .
':;1'
::~
:.::
:]
1
\
o
::,'
\
'I . .
...
o
o
No one was present to represent the violator.
Vicki Niemiller, Development Code Inspector, stated this property is in
violation of Section 95.04 due to excessive vegetation. She inspected the property
July 9th, posted the property July 16th and sent notice to the owner. The owner
phoned and asked for an extension which was granted. The Inspector stated as of
this nlorning the violation still exists. City composite exhibit A -a copy of the
notice, certified mail receipt and a photograph was submitted. In response to a
question, Ms. Niemiller stated the property is a vacant lot.
Mr. Cardinal moved that concerning Case No. 6 of Public Nuisance Clearing
List 90-9-1 regarding violation Section 95.04 of the Clearwater City Code on
property located at about 2993 Ta10n Dr aka Eagle Est, Lot 44, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hear i ng he 1 d the 12th day of September, 1990, and based on the ev i dence, 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.
I .
The Conclusions of Law are: Scott & Al icia Nicholas are in violation of
Section 95.04.
It is the Order of this Board that Scott & Alicia Nicholas shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). 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 Scott & Alicia Nicholas. 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, Scott & Alicia Nicholas 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 12th day of September, 1990.
Case No. 7
James R Chambers
3280 Mulberry Dr aka Countryside Tract 5, Lot 62
No one was present to represent the violator.
MCEB
9/12/90
7
, 'd
,,~ . 1ft' ,. "
.....1~.: .,. .:,.
" .k:. '\. " '" ': ' . . ":."
" 't\.,,-..1..' i', ..' ' ,'f'; ,~, ,
.... .. i.,. -.hJ,;"
. . f~.\j
":';3).;.-:.
., .
.~ ..l. ,I. ..,
"\'
i',1" .. '.,
2J>
-
r
8... .
'," .: :;,"', ;.':.." ~ . ~ '",' '
, ,..":, ~ ,I .;'.
\." , . ,. .
.P-
.",
.' ':..
----r
. ..,
. " .',
.,
r
I
; :
.. .
1
I
1
I
1
1
I
~1::
o
~k)t
Vicki Niemiller, Development Code Inspector, stated the property is in
violation of Section 95.04 due to excessive vegetation. Ownership was verified
through the Property Appraiser's Office, the property was first inspected August
1st, notice was sent and the property posted on August 7th. Ms. Niemiller stated
she reinspected the property this morning and the violation still exists. She
submitted City composite exhibit A including a photograph of the property. In
response to questions, Ms. Niemiller stated this is a residence which appears to
be vacant, she does not know who signed the certified mail receipt and no one has
been in contact with her.
I .
,
,
. I
.. ,
Mr. Cardinal movad that concerning Case No. 7 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at 3280 Mulberry Dr aka Countryside Tract 5, Lot 62, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 12th day of September, 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: James R. Chambers is in violation of Section
95.04.
o
It is the Order of this Board that James R. Chambers shall comply with Section
95.04 of the Code of the City of Clearwater within 10 davs (9/22/90). 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 James R. Chambers. 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, James R. Chambers 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 w~s duly seconded and carr;ed unanimously.
Done and Ordered this 12th day of September, 1990.
Case No. 8
Joseph & Miriam S Jackson
1349 Overlea St aka Pinebrook Highlands, Blk E, lot 3
No one was present to represent the violator.
o
MCEB
8
9/12/90
, .. '" ~-'" ~ ~ ,
.....' .
..~,
.p-
-r-
~...
.. ... ~ .
~
I
, j
. :
" .'
y;~.:
,.- l
Vicki Niemiller, Development Code Inspector, stated she first inspected the
property August 3rd and posted August 7th. She stated the signed receipt was
~ returned. The Inspector submitted composite exhibit A - a copy of the notice,
~~~~ certified mail and a photograph. She state property ownership was verified through
the Property Appraiser's Office. In response to questions, the Inspector stated
the house is vacant but she has not seen a for sale sign.
Mr. Cardinal moved that concerning Case No.8 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at 1349 Overlea St aka Pinebrook Highlands, Slk E, Lot 3, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 12th day of September, 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: Joseph & Miriam Jackson are in violation of
Section 95.04.
It is the Order of this Board that Joseph & Miriam Jackson shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90). Upon
failure to comply within the ti~e specified, the City Manager may authorize the
entry upon the property and such,~ction as is necessary to remedy the condition,
without further notice to Joseph & Miriam Jackson. The City Commission may then
adopt a Resolution assessing against t,he property on which remedial action was taken
by the City the actual cost incurred PIus $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 & Miriam Jackson 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.
o
.\
[
".
Done and Ordered this 12th day of September, 1990.
Case No. 9
Keith Bostrom & Terri M Hejna
1340 Overlea St aka Pinebrook Highlands, Blk D, Lot 16
No one was present to represent the violator.
Vicki Niemiller, Development Code Inspector, stated upon inspection of the
property on August 3rd, she found excessive vegetation and debris. She verified
ownership through the Property Appraiser's Office, posted the property and sent
notice via certified mail on August 7th. The notice was returned with a forwarding
address to which she resent the notice of violation. As of today, the return
~ receipt had not been returned.
U
MCEB
9
9/12/90
"-"-'.7:.~"
,..r-
..r-
r-
.,
i'
.,",
o
" . .
. \
I
....10
o
81.... ,
,"' '. ,',"",
". . "," .
. ",.',
.. ~. .
':: .": . ~ .:
.~
I
Discussion ensued regarding advertising and whether or not the attempted
service via certified mail and posting were sufficient. It was stated advertising
is a lengthy and expensive process for notification, and it was felt certified mail
and posting is sufficient.
Ms. Niemiller stated inspectors do try contacting owners, but in this case
there is no listing in the phone book.
Consensus was to continue with the case as sufficient attempts have been made
to contact the owner.
Ms. Niemiller stated she'reinspected the property this morning and the
violation still exists. She submitted City composite exhibit A - a copy of the
notice, returned certified mail receipt and a photograph. In response to questions,
the Inspector stated the house is vacant and it is in a nice neighborhood except
two properties which are not being maintained.
Mr. Cardinal moved that concerning Case No. 9 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 of the Clearwater City Code on
property located at 1340 Overlea St. aka Pinebrook Highlands, Blk D, Lot 16, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 12th day of September, 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 and debris
at the above address.
,.J
I ~:: .,'
'f:
,
':
, .
,
i
I
I
The Conclusions of Law are: Keith Bostrom and Terri Hejna are in violation
of Section 95.04.
It is the Order of this Boarij that Keith Bostrom and Terri Hejna shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (9/22/90).
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 Keith Bostrom and Terri Hejna. 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, Keith Bostrom and Terri Hejna 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 12th day of September, 1990.
MCEB
. "'it \..
',,;.,,^~\. ..
\~,~. .,
, "
. \
j :...\ I
... ',e
, ' . .'
. , ~ I. .. ~ .
-', ,",'. ,.. I
10
9/12/90
t " ~.
J~"-^
..J
-
.r-.
, . .
. ..
r-.
r-'
I
'I
i;
. 'A.
..
. .'
:1
- Case No. 10
Ed & Bessie M Singletary
vacant lot about 900 Palm Bluff St aka Palm Park Unbd Blk,
Lot 23
:;:
,
~
'. '" ~..'"
I
!
. :
i
No one was present to represent the violator.
Vern Packer, Minimum Housing Code Inspector, stated a complaint was received
July 16, he inspected and posted the property July 18th due to an accumulation of
debris and high vegetation, a violation of Section 95.04. He verified ownership
through the Property Appraiser's Office, sent notice certified mail and the signed
receipt was returned. He reinspected the property this morning and the violation
still exists. Mr. Packer submitted composite exhibit A - a copy of the notice,
certified mail return receipt and a photograph. He stated this property is a
reoccurring problem.
In response to questions, he stated he is never contacted by the owner. He
stated this is a long, narrow st!ip of land in a residential neighborhood.
Mr. Cardinal moved that concerning Case No. 10 of Public Nuisance Clearing
List 90-9-1 regarding violation of Section 95.04 on property located at 900 Palm
Bluff St aka Palm Park Sub, Unbd Blk, Lot 23, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 12th
day of September, 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 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: Ed & Bessie Singletary are in violation of Section
95.04.
J
.,
,1
o
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 (9/22/90).
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 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 12th day of September, 1990.
o
MCEB
11
9/12/90
9,
........,.
,,' ','.
I
'\:
~~ .
.,
, .
,
,
, .
".,.
~-:
.r
r-
"
~-
~
_..
.' ,
...r-
r-
F
~
I .
I
. :W!"E';;f"I:'i~:~~W;ji!';"~~~}~~~l~~:~~~i'~~~I(::!~t~f,'~~~\..'
, l: ,~~~'. ,,'. '.. ::,'~,.'~'i::'"
~~~S~?l\\t~~~tf1i:~~~i(l~i?)t~*~Sl~2;[~ij~:;w'r"';;!~;I; i:"1.;i~~t. .'
.. .
" . <
,
o
. .'
l
, 1
1
i
I
i
!
. f,.
o
..1l~
'--'
~~ .
J.
The Findings of Fact are: after hearing test imony of Geri Doherty, Code
Inspector, and viewing the evidence, exhibits submitted: City exhibit A - a
photograph of the illegal sign, it is evident that a Domino.s sign was displayed
inconsistent with the Land Development Code and in a manner which was considered
as a possible hazard. It is further noted that this condition was corrected after
the time allotted by the Code Inspector but prior to this hearing.
The Conclusions of law are: Domino's Pizza, Inc. ~ in violation of Sections
134.007(1) and 134.017(a)(1).
It is the Order of this Board that Domino's Pizza, Inc. shall comply with
Sections 134.007(1) and 134.017(a)(1) of the Code of the City of Clearwater. If
Domino's Pizza, Inc. repeats the violation, the Board may order them to pay a fine
of $100.00 per day for each day the violation exists after Domino.s Pizza. Inc. is
notified of the repeat violation.~ Should the violation reoccur, the Board has the
authority to impose the fine at that time without a sub~equent 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 fil ing 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 du ly seconded
and carried unanimously.
Done and Ordered this 12th day of September, 1990.
Case No. 35-90 Dimmitt Chevrolet, Inc
2285 US 19 North
(Development Code)
~;
i
,
I' <.', t
I
, ",
No one was present to represent the violator.
The Secretary of the Board read the Affidavit of Violation into the
record.
Rick Rosa, Development Code Inspector, stated he received a complaint August
3rd regarding vehicles being parked in an undesignated area. He inspected the
property August 6th, and sent notice of the violation on the 7th giving until the
lOth to comply. The certified mail receipt showed the notice was received August
9th. He stated he reinspected the property August 17th and the violation still
existed. The vehicles have since been removed. The Inspector submitted City
exhibits A & B - the signed certified return receipt and a photograph, respectively.
In response to questions, Mr. Rosa stated he did not speak with anyone
regarding the violation. He stated the site plan does not allow that area for
displaying the vehicles. He stated the current use is outdoor display if the
conditions are met, that the use intended must be designated on the site plan and
the areas must be paved.
Discussion ensued regarding whether there was enough evidence showing a
violation as cited. John Richter, Development Code Manager, stated a different
code should have been cited and requested withdrawal of the case at this time.
MCEB
13
9/12/90
"'-.
I
I
I
..7]....,..
. . "
.. .
, .,.~, j' , ': '
~........
. ..
. '.
. "
. .
~
. .
j
~
lO
1
,
.
\.
".,
o
o
;.....- .
Mr. Cardinal moved to withdraw Case No. 35-90 at the request of the City.
The motion was duly seconded and carried unanimously.
Case No. 36-90 Crown Motors of Clearwater
(Development Code)
601 US 19 North
r
I.
There was no one present to represent the violator.
Rick Rosa, Development Code Inspector, stated he visited the property August
3rd after receiving a complaint and found there were banners displayed and a tent
erected in violation of the code. He delivered a notice of violation with
comp 1 i ance due by the end of the day. He statrri they were in comp 1 i ance the
following Monday, they were in violation again on August 17th displaying a banner,
but they are currently in compl iance. Mr. Rosa submitted city exhibit A, a
photograph taken August 17th showing a banner being displayed.
In response to a question, the Inspector stated he does not know if they did
comply within the time designated in the original notice of violation.
Mr. McKinney moved that concerning Case No. 36-90 regarding violation of
Section 134.009(5) on property located at 601 US 19 N aka Clearwater "19" Commerce
Park Sub, Lot 2, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 12th day of September, 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 exhibit A - a
photograph of the banner on the subject property taken 8/17/90, it is evident that
a banner was displayed at Crown Motors. It is further evident that the violation
was corrected prior to the hearing.
The Conclusions of Law are: Crown Motors of Clearwater was in violation of
Sections 134.009(5).
It is the Order of this Board that Crown Motors of Clearwater shall comply
with Sections 134.009(5) of the Code of the City of Clearwater. If Crown Motors
of Clearwater repeats the violation, the Board may order them to pay a fine of
$100.00 per day for each day the violation exists after Crown Motors of Clearwater
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 compr~ance, 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 12th day of September, 1990.
MCEB
9/12/90
14
r
r