01/09/1991 (2)
Ocase No. UNFINISHED BUSINESS
90-11-2-4 Kelly Moser/Thomas Peterson Accepted Affidavit
1518 Arden Ave
Affidavit of Compliance
Case No. 90-11-2-5 Joseph & Yvonne White Accepted Affidavit
1962 Seton Dr
Affidavit of Compliance
Case No. 90-11-2-6 Alfred C. Wyllie Accepted Affidavit
1255 Palm St
Affidavit of Compliance
Case No. 39-90 Philip Lokey dba Lokey Motor Co. Accepted Affidavit
1220 US 19 South
Affidavit of Compliance
OTHER BOARD ACTION
Fine Status Report
Discussedj Board authorized
foreclosure proceedings be
instituted re Case 47-89
and Case 88-89
NEW BUSINESS
..e
Discussion ensued re process
of bringing cases to the
Board and re the code
enforcement ordinance
MINUTES - Meeting of December 12, 1990
Approved as submitted
ADJOURN
5:40 PM
.
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No one was present to represent the violator.
Discussion ensued regarding whether sufficient notice has been served.
Consensus of the Board was to proceed with their order.
Mr. Aude moved that concerning Case No.1 of Public Nuisance Clearing list
91~OI-1 regarding violation of Section 95.04 of the Clearwater City Code on property
described as the vacant lot about N 1230 Gulf Blvd. aka M&B 31/21, See 17/29/15,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 9th day of Januarv, 1991, 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 at the above address.
The Conclusions of Law are: Cinema Y. Teatros is in violation of Section
95.04.
It is the Order of this Board that Cinema Y. Teatros shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (1/19/91).
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 Cinema Y. Teatros. 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, Cinema Y. Teatros 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 9th day of Januarv, 1991
- Case No. 2
Richard Leon
1002 Eldridge St
Geri Doherty, Development Code Inspector, stated there is a trailer made out
of a truck bed in the yard with a tag which expired June, 1978. There is no record
regarding the owner of the vehicle. She sent notice via certified mail to Richard
Leon, the owner of the property, whi ch was returned marked I no forward'. The
property was first inspected October 15th and posted on December 17th. She
reinspected the property this morning and the violation still exists. City
submitted composite exhibit A, a copy of the file of record.
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No one was present to' represent the violator.
Mr. Aude moved that concerning Case No.2 of Public Nuisance Clearing List
91-01-1 regarding violation of Section 95.04 of the Clearwater City Code on property
located at 1002 Eldridge St aka Lot 11, less E 60', Blk 7, Pine Crest Sub, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 9th day of Januarv, 1991, 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,
it is evident that there exists debris, in the form of a trailer made out of a
truck bed, at the above address.
The Conclusions of Law are: Richard Leon is in violation of Section 95.04.
I,
It is the Order of this Board that Richard Leon shall comply with Section
95.04 of the Code of the City of Clearwater within 10 davs (1/19/91). 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 Leon. 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
Conunission 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, Richard Leon shall notify Geri Dohertv, 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 9th day of Januarv, 1991
- Case No. 3
Carroll C. Garretson
2100 Palmetto St
No one was present to represent the violator.
Rick Rosa, Development Code Inspector, stated this property is overgrown.
He verified ownership through the Pinellas County tax rolls, posted the property
and mailed notice on December 17th via certified mail. The signed receipt was
return on December 19th. He first inspected the property December 14th. The
property was inspected this morning and it is still in violation. City submitted
composite exhibit A, a copy of the file of record.
In response to a question, Mr. Rosa pointed out in a photograph where the
overgrowth begins on the property.
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Mr. Aude moved that concerning Case No.3 of Public Nuisance Clearing list
91-01-1 regarding violation of Section 95.04 of the Clearwater City Code on property
located at 2100 Palmetto St aka M&B 14/07, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 9th day
of January, 1991, 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 at the above address.
The Conclusions of Law are: Carroll C. Garretson is in violation of Section
95.04.
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It is the Order of this Board that Carroll C. Garretson shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (1/19/91). 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 Carroll C. Garretson. 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, Carroll C. Garretson 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 9th day of Januarv, 1991
Case No. 1-91
Allison Repetto
18224 U.S. Highway 19 N
(Fire/Life Safety Code)
Jeff Daniels, Fire Inspector, stated he noticed several violations during a
routine inspection. City submitted composite exhibit A, photographs showing the
areas in violation. He stated he requested the rear lot be cleaned up. There are
tractors, barrels, pallets, and other items which need to be stacked and/or thrown
away. He stated it would be difficult for firefighters to get fire hoses through
the area if necessary. He stated exit ways are intermittently blocked and exit
signs are needed. There is an auto repair area, with grease and junk parts all
over, which needs to be cleaned up. In response to questions, the Inspector stated
there could be seepage into the ground and the condition could be a hazard for
starting a fire or fighting one. He stated the access around the building is
limited, and a firetruck could not get through in case of fire. In response to
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questions, Inspector Daniels stated the first official notice was issued August 24,
1990. He stated the Clearwater Fire Department had thought for several years that
this property was under Largo's jurisdiction. When it was discovered it was under
Clearwater's jurisdiction, they inspected the property.
Mr. Repetto stated the area used for vehicle repair and storage has old
equipment which is used for parts. In response to questions, he stated the old
vehicles were used in the grove and are not currently licensed. He stated the
property is zoned agricultural. He did have someone clean up the area. He stated
he would need a month to move the vehicles blocking access by firefighting
equipment. He indicated he had been aware of the violation for several months and
had been working to correct them. In response to a question, he stated his business
is open all year.
Mr. Cardinal moved that concern ing Case No. 1-91 regarding violation of
Sections 25-2.10. 5-1.3.3, Life Safety Code and 4A-28.06. State Fire Marshal Rules
& Reaulations as adopted by the Clearwater City Code on property located at 18200
US 19 N, the E 245' of N 210', the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 9th day of
JanuarY, 1991, 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 Jeff Daniels, Fire
Inspector, and Mr. Repetto, and viewing the evidence, exhibits submitted: City
composite exhibit A, it is evident that the means of egress are periodically
blocked, all required exit signs are not in place or visible, and areas of the
property are blocked precluding access by firefighting equipment.
The Conclusions of Law are: Allison Repetto is in violation of Sections
25-2.10. 5-1. 3. 3. Life Safety Code and 4A-28.06. State Fire Marshal Rules &
ReQulations.
It is the Order of this Board that Allison Repetto shall comply with Sections
25-2.10, 5-1.3.3, Life Safety Code and 4A-28.06, State Fire Marshal Rules &
Regulations as adopted by the Code of the City of Clearwater within 15 days
(1/24/91). If Allison Repetto does not comply within the time specified, the Board
may order them to pay a fine of jl00.00 per day for each day the violation continues
to exist. If Allison Repetto does not comply within the time specified, a certified
copy of the Order imposing the fine may be recorded in the Publ ic Records of,
Florida, and once recorded shall constitute a lien against any real or personal
property owned by the violator pursuant to Chapter 162, Florida Statutes. If the
violation concerns real property, the recording of a certified copy of this Order
shall constitute notice to any subsequent purchasers, successors in interest or
assigns of the violation and the findings in this Order shall be binding upon any
subsequent purchasers, successors in interest or assigns of the real property where
the violation exists. Upon cOlnplying, Allison Repetto shall notify Jeff Daniels,
the City Official who shall inspect the property and notify the Board of compliance.
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
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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 9th day of Januarv, 1991.
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Case No. 2-91
Fifteen S. Lincoln Associates
1261 Cleveland Street
(Land Development Code/Signs)
There was no one present to represent the violator.
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Geri Doherty, Development Code Inspector, stated this violation came before
the Board in January, 1989, citing the business owner, at which time the Board
found a violation did exist and ordered compliance. She stated the owner of the
business owns property in the County, but it is homestead so it can't be foreclosed
upon. The owner of the property where the violation exists is being cited in an
effort to obtain compliance.
In response to questions, it was stated the existing lien is against any real
or personal property owned by the violator. The Assistant City Attorney stated
that, while they are now citing the real property owner hoping to gain compliance,
efforts to collect the existing lien will continue.
In response to questions, the Inspector stated there has been no attempt at
compliance.
City submitted exhibit A, photographs of the property and exhibit B, the
return receipt for the Notice of Violation. The Inspector stated she spoke with
a representative of Fifteen S. Lincoln Associates regarding the violation in
September who said he would look into it. She left a messages since that time,
but her calls were never returned.
Mr. Aude moved that concerning Case No. 2-91 regarding violation of Sections
134.013(a) and 134.017(a)(1) of the Clearwater City Code on property located at 1261
Cleveland St aka Lots 7-13, Hibiscus Gardens, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 9th
day of Januarv, 1991, 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 exhibits
A and B, it is evident that there are many unpermitted signs which are also
inconsistent with City Code at the above referenced address.
The Conclusions of Law are: Fifteen S. Lincoln Associates is in violation of
Sections 134.013(a) and 134.017(a)(1).
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It is the Order of this Board that Fifteen $. Lincoln Associates shall comply
with Sections 134.013(a) and 134.017(a)(1) of the Code of the City of Clearwater
by Januarv lB. 1991. If Fifteen S. Lincoln Associates does not comply within the
time specified, the Board may order them to pay a fine of $250.00 per day for each
day the violation continues to exist. If Fifteen S. Lincoln Associates does not
comply within the time specified, a certified copy of the Order imposing the fine
may be recorded in the Public Records of, Florida, and once recorded shall
constitute a lien against any real or personal property owned by the violator
pursuant to Chapter 162, Florida Statutes. If the violation concerns real property,
the recording of a certified copy of this Order shall constitute notice to any
subsequent purchasers, successors in interest or assigns of the violation and the
findings in this Order shall be binding upon any subsequent purchasers, successors
in interest or assigns of the real property where the violation exists. Upon
complying, Fifteen S. Lincoln Associates shall notify Geri Dohertv, the City
Official who shall inspect the property and notify the Board of compliance. 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 unailimously.
c:J Done and Ordered this 9th day of Januarv, 1991.
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Case No. 3-91
Ruth Brown
316 Pleasant Street
(land Development Code)
Beverly Montague, daughter representing Ruth Brown, was present and admitted
to the violation. She stated the motor home is parked five feet into the easement.
She proposes to move a fence which would allow additional footage to move the
vehicle out of the easement. She stated the vehicle has been there since early
November, but her mother has been in the hospital.
Mr. Jesse Montague, husband of Beverly, stated there is also a tree in the
way of moving the vehicle out of the easement. He would like permission to be
parked two feet into the easement in order to save the tree. He also requested 30
days in which to comply. He stated he is waiting on a part to repair the motorhome.
He stated they had money problems recently and could not make the repair. In
response to a question why the vehicle has to be running to move it, Mr. Montague
stated it is too heavy to push.
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City submitted exhibit A, a photograph of the property.
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Mr. Wyatt moved that concerning Case No. 3-91 regarding violation of Section
136.022(i)(2)c of the Clearwater City Code on property located at 316 Pleasant St
aka North Shore Park, Blk 7, Lot 14, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 9th day of
Januarv, 1991, 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, Development
Code Inspector, Beverly and Jesse Montague, representing Ruth Brown and admitting
to the violation, John Richter, Code Enforcement Manager, and viewing the evidence,
exnibits submitted: City exhibit A, it is evident that a motorhome is being parked
in the setback area at the above referenced address.
The Conclusions of Law are: Ruth Brown is in violation of Section
136.022(i)(2)c.
It is the Order of this Board that Ruth Brown shall comply with Section
136.022(i)(2)c of the Code of the City of Clearwater within 30 days (2/8/91). If
Ruth Brown does not comply within the time specified, the Board may order them to
pay a fine of $100.00 per day for each day the violation continues to exist. If
Ruth Brown does not comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of, Florida. and once
recorded shall constitute a lien against any real or personal property owned by the
violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real
property, the recording of a certified copy of this Order shall constitute notice
to any subsequent purchasers, successors in interest or assigns of the violation
and the findings in this Order shall be binding upon any subsequent purchasers,
successors in interest or assigns of the real property where the violation exists.
Upon complying, Ruth Brown shall notify Rick Rosa. the City Official who shall
inspect the property and notify the Board of compliance. 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 9th day of Januarv, 1991.
Maurice Wilder d/b/a Equator Lounge
2516 Gulf to Bay Blvd.
(Land Development Code/Signs)
Rick Rosa, Development Code Inspector, stated he inspected the property and
sent notice to the owner of the business on October 17,1990. He also sent a copy
of the notice to the Registered Agent for the property owner, Blackpool Palace Ltd.
of Florida, Inc.. Mr. Wilder questioned what he needed to do and was given 30 days
to get with the appropriate personnel to determine what they wanted to do with the
MCEB
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