11-14-1990
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C:>case No. 45-90
Budget Car Sales South
18940 US 19 North
(Land Development Code)
Dismissed
Case No. 46-90
Domino's Pizza Inc.
2181 Drew St.
(land Development Code)
Complied prior to
heari og; if repeats
violation, may be
fined $100/day for
each day of repeat
violation
UNFINISHED BUSINESS
Affidavits of Compliance
Case No. 90-09-1 #1 Michael Sarris Accepted affidavit
380 Elizabeth Ave aka
M&B 13/2601, See 17-29-16
Case No. 90-09-1 #5 Roger C. Ravel & Ray Ulmer Accepted affidavit
vacant lot about 607 Jones St aka
Jones Sub of Nicholson's, Blk 6,
Lots 7, 8 & part of Lot 6
Case No. 90-09-1 #6 Scott & Alicia Nicholas Accepted affidavit
Q vacant lot about 2993 Talon Dr aka
Eagle Estates, Lot 44
. Case No. 90-09-1 #7 James R. Chambers Accepted affidavit
3280 Mulberry Dr aka
Countryside Tract 5, Lot 62
Case No. 90-09-1 #8 Joseph & Miriam Jackson Accepted affidavit
1349 Overlea St aka Pinebrook
Highlands, Blk E, Lot 3
Case No. 90-09-1 #9 Keith Bostrom & Terri Hejna Accepted affidavit
1340 Overlea St aka Pinebrook
Highlands, Blk 0, Lot 16
Case No. 90-09-2 #1 Ruby Clayton Accepted affidavit
about 1454 S Greenwood Ave
aka M&B 32/13, See 22-29-15
Case No. 90-09-2 #3 George W & Sue E1y Accepted affidavit
about 1753 Pamelia Dr aka Highland
Estates 2nd Addn, Blk G, lot 2
Case No. 90-09-2 #4 Scott T MacGregor Accepted affidavit
3183 Chamblee lane aka
OMCEB Bordeaux Estates, Lot 1
2 11/14/90
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In response to a question, Mr. Rosa stated he did not check with the
Department of State or the Postal Service for a forwarding address. He submitted
City composite exhibit A, a copy of the file of record.
Mr. Cardinal moved that concerning Case No.2 of Public Nuisance Clearing
List 90-11-1 regarding violation of Section 95.04 of the Clearwater City Code on
property 'located at about 512 N Washington Ave aka Country Club Addn, Blk 8, Lot
11, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of November, 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 heari ng 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: First Home Builders Inc. is in violation of
Section 95.04.
It is the Order of this Board that First Home Builders Inc. shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (11/24/90). 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 Home Builders 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, First Horne Builders Inc. shall notify Rick Rosa, the City
Official who shall inspect the property and notify the Board of compliance. Should
a dispute arise concerning compl~ance, either party Nay request a further hearing
before the Board. The motion was'-duly seconded and car~ied unanimously.
Done and Ordered this 14th day of November, 1990.
Case No. 3
Daisy Williams
900 LaSalle St aka Palm Park Sub., Blk C, Lot 16
No one was present to represent the violator.
Geri Doherty, Code Inspector, stated this is a vacant lot in violation of
Sections 95.04(a) & (b) of the City Code. She verified ownership through the
Pinellas County tax rolls, sent notice certified mail and the letter came back
marked that the person is deceased. Ms. Doherty stated she inspected the property
October 10th and posted it October 12th. She reinspected the property this morning
and the violation still exists.
MCEB
11/14/90
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In response to a question "regarding mail which comes back with no known
address or person deceased, it was stated notification of a lien would be sent to
the same address or person if none other is on file.
In response to a question, it was stated cases are filed both from complaints
received and violations noted by the Inspectors.
Mr. Cardinal moved that concerning Case No.3 of Public Nuisance Clearing List
90-11-1 regarding violation of Section 95.04 of the Clearwater City Code on property
located at 900 LaSalle St aka Palm Park Sub, Blk C, Lot 16, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 14th day of November, 1990, and based on the evi denc~, 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 Geri Doherty, 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~~Daisy Williams is in violation of Section 95.04.
It is the Order of this Board that Daisy Williams shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (11/24/90). 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 Daisy Williams. 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, Daisy Williams shall notify Geri Doherty, 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 14th day of November, 1990.
Case No. 4
Michael J. Bobowski
3265 Pin~ Haven Dr aka Countryside Tract 5, lot 66
There was no one present to represent the violator.
Geri Doherty, Code Inspector, stated she received a complaint that a lot was
overgrown. She felt the front yard was not in violation with growth at about eight
inches; the back yard is in excess of twelve inches. She verified ownership through
MCEB
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11/14/90
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the Pineilas County tax rolls, sent notice certified mail and the signed receipt
was returned. She inspected the property October 17th, posted it October 18th, and
has not had any verbal contact with the owner. Ms. Doherty submitted City composite
exhibit A, a copy of the file of record.
In response to a question, Ms. Doherty stated the house is vacant.
Discussion ensued regarding citing a portion of a lot and whether the City
can go in fenced property. John Richter, Development Code Manager, stated the
interpretation of the Legal Department, regarding public nuisances in a fenced in
area, is City personnel can enter the area.
Mr. Cardinal moved that concerning Case No. 4 of Public Nuisance Clearing
list 90-11-1 regarding violation of Section 95.04 of the Clearwater City Code on
property loc~ted at 3265 Pine Haven Drive aka Countryside Tract 5, Lot 66, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of November, 1990, and based on the
evid~nce, 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 Geri Doherty, 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.
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The Conclusions of Law are: Michael J. Bobowski is in violation of Section
95.04.
It is the Order of this Board that Michael J. Bobowski shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (11/24/90). 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 J. Bobowski. 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 Comnlission 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 J. Bobowski shall notify Geri Doherty, 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 14th day of November, 1990.
Richard S. Truesdale
1404-1410,N Madison Ave aka Fairmont Sub, lots 6 & 7
No one was present to represent the violator.
Case No. 5
MCEB 5
11/14/90
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Geri Doherty, Code Inspector, stat d there are two vacant overgrown lots at
the referenced address. Ownership was erified through the Pinellas County tax
rolls, notice was sent certified mail a d the signed receipt was returned. The
property was inspected October 4th and osted October 5th. She reinspected the
property this morning and it is still overgrown. Ms. Doherty submitted City
composite exhibit A, a copy of the notic and a photograph.
In response to a question, she sta ed she has had no other contact with the
violator, and she can not locate him.
Discussion ensued regarding to wha extent the Inspectors need to search for
forwarding addresses and other informat on regarding property owners. Consensus
of the Board was the Inspectors should se rch further than they are. It was stated
that, once a lien is filed, staff contin es to search for current owner address in
order to notify them of the lien.
Mr. Cardinal moved that concernin Case No. 5 of Public Nuisance Clearing
List 90-11-1 regarding violation of Sec ion 95.04 of the Clearwater City Code on
property located at 1404-1410 N Madison Ave aka Fairmont Sub, Blk G, Lots 6 & 7,
the Municipal Code Enforcement Board h s heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of November, 1990, and based on the
evidence, the Municipal Code Enforcemen Board enters the following Findings of
Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Geri Doherty, Code
Inspector, and viewing the evidence, exhlbits submitted: City composite exhibit A .
a copy of the file of record, it is evid nt 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: Richa d S. Truesdale is in violation of Section
95.04.
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It is the Order of this Board that ichard Truesdale shall comply with Section
95.04 of the Code of the City of Clearwat r within 10 days (11/24/90). Upon fa ilure
to comply within the time specified, the City Manager may authorize the entry upon
the property and such action as is ne essary to remedy the condition, without
further notice to Richard Truesdale. The City Commission may then adopt a
Resolution assessing against the prope ty on which remedial action was taken by
the City the actual cost incurred plus $1 0.00 administrative cost. Such cost shall
constitute a lier against the property ntil 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 reco ded. If the owner takes remedial action
after the time specified, the City Comm ssion may assess the property the $150.00
administrative cost. Such cost shall c nstitute a lien against the property until
paid. Upon complying, Richard Truesd le shall notify Geri Doherty, the City
Official who shall inspect the property nd notify the Board of compliance. Should
a dispute arise concerning compliance, ither party may request a further hearing
before the Board. The motion was duly econded and carried unanimously.
Done and Ordered this 14th day of Novem er, 1990.
MCEB
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11/14/90
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Case No. 41-90
On Top Of The World Condominium Assoc. Inc.
Bldgs. 18, 18A, 34, 36, 37, 40, 42, 44, 45, 50,
53-61, 74, 80, 83, 84, 87, 88 & 89
(Fire Code) Cont. from 10/24/90
Mr. Cardinal moved to withdraw Case No. 41-90 at the request of the Fire
Marshal. The motion was duly seconded and carried unanimously.
Case No. 43-90 J.B.M. Entertainment of Countryside, Inc.
d/b/a Baby Dolls
3006 Gulf to Bay Blvd
(Land Development Code)
o
No one was present to represent the violator.
Geri Doherty, Code Inspector, stated she received at least two complaints
regarding signs at this address. On August 9th she spoke with the manager and
requested compliance. She saw the sign displayed again on August 26th and 30th
and issued a notice of violation with compliance due by September 13th. Ms. Doherty
stated the sign was there again September 13th, 25th and 28th. She inspected the
property today and the sign was on the side of the building, which she photographed.
The sign is placed in the street right of way at night. City Code allows one
freestanding sign per property, and does not allow placement in the right of way.
The business already has a freestanding sign. City submitted exhibit A, a
photograph of the sign and site where displayed.
In response to questions, Ms. Doherty stated she doesn't feel the sign is
illegal where it is stored as it is not prominently visible. She stated the average
length of time given for removal of an illegal sign is two days for verbal notice;
written notice allows an extra two to three days. She stated the time frame could
vary from place to place as some people are informed of the violation repeatedly.
Mr. Aude moved that concerning Case No. 43-90 regarding violation of Sections
134.009(2) and 134.017(a)(1) of the Clearwater City Code on property located at 3006
Gulf-to-Bay Blvd. a/k/a Bay View City Sub.. Blk. 8. Lots 8, 9 & 10. the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 14th day of November, 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 Geri Doherty, Code
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A -
photographs of the property, it is evident that J.B.M. Entertainment of Countryside
has displayed an illegal sign without a permit and in the street right of way, that
this condition was corrected and recurred. It is further evident that the condition
was corrected prior to this hearing.
The Conclusions of Law are: J.B.M. Entertainment of Countryside Inc. was in
violation of Sections 134.009(2) and 134.017 (a}Cl).
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It is the Order of this Board that J.B.M. Entertainment of Countryside Inc.
shall comply with Sections 134.009(2) and 134.017(a)(1) of the Code of the City of
Clearwater. If J.B.M. Entertainment of Countryside Inc. repeats the violation, the
Board may order them to pay a fine of $200.00 per day for each day the violation
exists after J.B.M. Entertainment of Countryside 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 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 14th day oj November, 1990.
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Larry Dimmit Jr. d/b/a Larry Dimmit Cadillac Inc.
25191 US 19 North
(Land Development Code)
The Inspector requested this case be withdrawn.
Case No. 44-90
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Mr. Cardinal moved to withdraw Case No. 44-90.
and carried unanimously.
The motion was duly seconded
Budget Car Sales South
18940 US 19 North
(Land Development Code)
Rick Rosa, Code Inspector, stated he first inspected the property in May and
noticed balloons ti ed to the fence and cars. He notified the business of the
violation and told them to remove the balloons by 3 PM that day, and they did
comply. On Saturday, October 6th, he inspected the property and balloons were tied
to the cars, which he photographed.
Case No. 45-90
In response to questions, Mr. Rosa stated the business was cited in May for
the violation, but he did not is~ue a notice in October.
"
Discussion ensued regarding why no citation was issued in October and why
the case wasn't brought to the Board in May. It was stated the Inspector needs to
be more prudent with evidence in bringing cases to the Board.
Mr. Wyatt moved that concerning Case No. 45-90 regarding violation of Section
134.009(5) of the Clearwater City Code on property located at 18940 US 19 N aka
Parcel No. 19-26-16-00000-410-0500, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 14th day of
November, 1990, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law, and Order.
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MCEB
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11/14/90
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The Findings of Fact are: after hearing testimony of Rick Rosa, Code
Inspector, it is evident that a violation was cited at the referenced address in
May, 1990; however, the case was not brought before the Board at that time.
The Conclusions of Law are: the Municipal Code Enforcement Board does not
wish to pursue the case at this time.
It is the Order of this Board that Case No. 45-90 shall be dismissed.
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. Upon the vote being taken,
Messrs. Wyatt, Aude, Cardinal, Murray, McKinney and Ms. Riley voted "aye." Mr.
Zinzow voted "nay." Motion carried.
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Done and Ordered this 14th day of November, 1990.
Case No. 46-90
Domino's Pizza Inc.
2181 Drew St.
(Land Deyelopment Code)
,
Emanti Corey, Corporate Supervisor representing Domino's Pizza Inc., stated
the violation did exist as cited.
Rick Rosa, Code Inspector, stated a complaint was received on September 17th
regarding a banner at Drew Street and Belcher Road. Notice was sent September 21st
v i a cert if i ed ma i 1 and the signed rece i pt was returned. The property was re-
inspected September 27th, the banner was still there and a photograph was taken.
Mr. Rosa reinspected the property this morning and the violation was corrected.
Mr. Corey stated Domino's has discontinued banner waving throughout the state.
He stated it was a temporary promotional campaign which caused problems; and the
company has taken measures to be sure there are no more banners.
A question was raised regarding the need for an order: and the Assistant City
Attorney stated an order is needed in case of a repeat of the violation in the
future.
Mr. Cardinal moved that concerning Case No. 46-90 regarding violation of
Section 134.009(5) of the Clearwater City Code on property located at 2181 Drew St
aka M&B 11/01, Sec. 13/29/15, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 14th day of
November, 1990, and based on th~ 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 Mr. Corey, representing Domino's Pizza Inc., who admitted to it is
evident that a banner was displayed at 2181 Drew Street. It is further evident that
the condition was corrected prior to this hearing.
MCEB
11/14/90
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Case No. 90-10-1 #3
Case No. 90-09-2 #4
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Scott T M~cGregor
3183 Chamblee Lane aka Bordeaux Estates, Lot 1
Sung Bok & Bong Ja Bok
311 S Jupiter Ave aka Skycrest Unit A, Blk B, Lot 3
Keramat Fahari
about 906 Hart St aka
Park Plaza Sub, Blk E, Lots 9 & 10
Mr. Cardinal moved to accept the Affidavit of Compliance in Case Nos.
90-9-1-1, 90-9-1-5, 90-9-1-6, 90-9-1-7, 90-9-1-8, 90-9-1-9, 90-9-2-1, 90-9-2-3,
90-9-2-4, 90-9-2-5, 90-10-1-3. The motion was duly seconded and carried
unanimously.
Case No. 90-09-2 #5
OTHER BOARD ACTION
A question was raised regarding property at 1871 McKinley Street and whether
the owner could be cited for a zoning violation for operating a junk business. John
Richter, Development Code Manager, stated it would be difficult to obtain evidence
to substantiate such a violation.
o
In response to a question, it was stated the inspectors follow up on
complaints received and from their own observations as time allows. It was stated
the majority of the cases are abated without coming to the Board.
Discussion ensued regarding enforcement of the code; and it was stated the
code needs to be updated to efficiently deal with the violations. Concern was
expressed that some violators are circumventing the violations by complying and
then repeating the violation over and over again.
NEW BUSINESS
John Richter stated a ticketing ordinance is being brought forward which will
allow the inspectors to write citations with fines established for different
classifications of violations. He stated other cities have instituted similar
ordinances; and the tickets would be used for clear cut violations such as signs
and balloons. It was stated those violations which the Board already ruled on will
come back before the Board. Andy Salzman, Board Attorney, stated this will quicken
the process for lot clearing violations; and a fine not paid will go to court as
a misdemeanor. In response to a question, it was stated the Inspector can decide
whether to cite them, issue the ticket or just a warning. Concern was expressed
that the fines need to be increased to have deterrent power.
ADJOURN
The meeting adjourned at 4:44 p.m.
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Chairman
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Attest:
~~~ G J--L-tO>> r~~. _
~ry,
MCEB., 11
11/14/90