02/13/1991 (2)
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In response to questions, Ms. ~iemiller stated compliance was obtained after
the last hearing. She stated Ms. Russell scavenges at night and has accumulated
debris again. She stated the area in the fence is cleared.
In response to a question, it was stated lot clearing violations can not be
cited as repeat violations.
Mr. Swan, representing Marymont Homeowner's Association, stated this occurs
every few months; and questioned whether there could be a more severe penalty.
The Assistant City Attorney stated the City is doing everything it can within
its sphere of enforcement.
Mr. Wyatt moved that concerning Case No.1 of Public Nuisance Clearing List
91-2-1 regarding violation of Section 95.04 of the Clearwater City Code on property
located at 1871 McKinley Street a/k/a New Marymont Sub, Blk D, Lot 7, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 13th day of February, 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,
a copy of the file of record, it is evident that there exists the excessive
accumulation of debris at the above address.
The Conclusions of Law are: Helen L. Russell is in violation of Section
95.04(a).
It is the Order of this Board that Helen L. Russell shall comply with Section
95.04(alof the Code of the City of Clearwater within 10 days (2!23!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 Helen Russell. The City Commission may then adopt a
Resolution assessing against the property on which remedial action was taken by the
City the actual cost incurred plus $150.00 administrative cost. Such cost shall
constitute a lien against the property until paid. A Notice of Lien, in such form
as the City 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, Helen Russell shall notify Vicki Niemiller, the City Official
who shall inspect the property and notify the Board of compliance. Should a dispute
arise concerning compliance, either party may request a further hearing before the
Board. The motion was duly seconded and carried unanimously.
Done and Ordered this 13th day of Februarv, 1991.
MCEB
2
2/13/91
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Case No. 2
Denny's Realty Inc.
1400 US 19 South, W 1/2 of parcel aka M&B 41-01, Sec 19-29-16
No one was present to represent the violator.
Rick Rosa, Development Code Inspector, stated the property is overgrown.
Ownership was verified through the Pinellas County tax rolls. He posted the
property January 21, 1991 and sent notice of the violation via certified mail. He
reinspected the property this morning and the violation still exists. City
submitted composite exhibit A, the file of record including photographs of the
property.
Mr. Wyatt moved that concerning Case No.2 of Public Nuisance Clearing List
91-2-1 regarding violation of Section 95.04 of the Clearwater City Code on property
located at 1400 US 19 South a/k/a M&B 41-01, Sec 19-29-16, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 13th day of February, 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
- 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/or debris
at the above address.
The Conclusions of Law are: Denny's Realty Inc. is in violation of Section
95.04.
It is the Order of this Board that Denny's Realty Inc. shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (2/23/91). 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 Denny's Realty Inc.. The 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, Denny's Realty 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 13th day of February, 1991.
Discussion ensued regarding 1871 McKinley Street and different avenues to I
explore in an attempt to control these types of ongoing violations.
MCEB
3
2/13/91
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In response to a question, the Assistant City Attorney stated the homeowner1s
association could file a class action suit in circuit court.
Case No. 5-91 Frank C. Kunnen d/b/a Clearwater 1/19" Commerce Park
797 US 19 North
(Land Development Code)
No one was present to represent the violator.
Ri ck Rosa, Development Code Inspector, requested a continuance stating
administrative staff has met with the violator and are working on resolving the
matter.
Mr. Aude moved to continue Case No. 5-91 to the February 27, 1991 meeting.
The motion was duly seconded and carried unanimously.
A question was asked as to why three Code sections are cited on the Notice
of Violation, and Mr. Rosa stated one is no longer a violation.
:.,
Michael Peters
26133 US 19, #107
(Land Development Code)
No one was present to represent the violator.
Case No. 9-91
Geri Doherty, Development Code Inspector, stated a permit was issued for a
portable sign on October 17, 1990 for 30 days. The sign was still being displayed
on November 26, 1990. She stated they have had problems with the violator before.
She personally served the Notice of Violation which was signed by an employee. City
submitted eKhibit A, a copy of the Notice of Violation.
Mr. Zinzow moved that concerning Case No. 9-91 regarding violation of Section
134.011(e) of the Clearwater City Code on property located at 26133 US 19, #107,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 13th day of Februarv, 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 today and from the last
meeting held 1/23/91 of Geri Doherty, Development Code Inspector and viewing the
evidence, exhibits submitted: City exhibit A, 2/13/91 - a copy of the signed Notice
of Violation and exhibit A, 1/23/91 - a photograph of the sign on the property, it
is evident that a portable sign was in place beyond the date the permit granted.
It is further evident that the condition was corrected prior to this hearing.
The Conclusions of Law are: Michael Peters was in violation of Section
134 .01l( e).
It is the Order of this Board that Michael Peters shall comply with Section
134.011(e) of the Code of the City of Clearwater. If Michael Peters repeats the
violation, the Board may order him to pay a fine of $100.00 per day for each day
the violation exists after Michael Peters 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
MCEB
4
2/13/91
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