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R E S 0 L U T 1 0 N
No. 77 -'76
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, FINDING THAT THE STRUCTURES LOCATED
ON THE PROPERTY AT 900 NORTH MYRTLE AVENUE,
904 NORTH MYRTLE AVENUE, 903 RAILROAD AVENUE,
905 RAILROAD AVENUE, AND 905-1/2 - 907 1/2 RAILROAD
AVENUE SHOULD BE DEMOLISHED AND ORDERING THE
SAME COMPLETED BY THE OWNER WITHIN THIRTY
DAYS OR REMOVAL WILL BE ACCOMPLISHED BY THE
CITY.
WHEREAS, pursuant to the procedure established in Chapter 11A,
Housing, of the Code of Ordinances of the City of Clearwater, Florida, 1962,
relating to minimum. housing standards, and the Southern Standard Housing
Code, the Building Official of the City of Clearwater has caused to be inspected
the following described real property and the buildings situated thereon:
Lots 1 through 9, inclusive, less East 13 feet of said
Lots I and 9, Block 1, Ira E. Nicholson' a Addition to
Clearwater, according to the map or plat thereof as
recorded in Plat Book 2, page 44 of the Public Records
of Hillsborough County, Florida, of which Pinellas
County was formerly a part, also. known as 900 North
Myrtle Avenue, 904 North Myrtle Avenue, 903 Railroad
Avenue, 905 Railroad Avenue and 905-1/2 - 907-1/2
Railroad Avenue, Clearwater, Florida.
The record title holder to said property appears to be
Fordman J. Beach, Jr. and Helen L. Beach, his wife,
1200 North Ft. Harrison Avenue, Clearwater, Florida
according to the Public Records and the curxenttax
roll of Pinellas County, Florida;
and
WHEREAS, based upon said inspection, the Building Official determined
that said property and the five frame structures consisting of six dwelling
units were unsafe, unsanitary, unfit for human habitation and do not properly
comply with the requirements of Chapter 1 lA of the Code of Ordinances of
the City of Clearwater, Florida, 1962, relating to minimum housing standards
and the Southern Standard Housing Code; and
WHEREAS, on August 20, 1975, written notice was hand delivered
setting forth deficiencies and violations for one frame structure at 900
North Myrtle Avenue, and advising the owner that he had until November
Z0; 1975, to properly comply and correct said deficiencies and violations;
' and ,
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WHEREAS, on December 10, 1975, written notice was hand delivered
setting forth deficiencies and violations for one frame structure at 904
North Myrtle Avenue, and advising tho owner that he hid until March 10,
1976, to properly comply and correct said deficiencies and violations; and
WHEREAS, on February 8, 1977, written notice was hand delivered
setting forth deficiencies and violations for one frame structure at 903
Railroad Avenue, and advising the owner that he had until June S. 1977, to
properly comply and correct said deficiencies and violations; and
WHEREAS, on September 5, 1975, written notice was hand delivered
setting forth deficiencies and violations for one frame structure at 905
Railroad Avenue, and advising the owner that he had until January 5, 1976,
to properly comply and correct said deficiencies and violations; and
WHEREAS, on August 20, 1975, written notice was hand delivered
setting forth deficiencies and violations for one frame structure consisting
of two dwelling units at 905-1/2 - 907-1/2 Railroad Avenue, and advising
the owner -that he had until November 20, 1975, to properly comply and
correct said deficiencies and violations; and
WHEREAS, on March 10, 1977, notice was mailed to the owner that
a routine inspection revealed that he had not complied with said written
notices and the deficiencies and violations still existed; and
WHEREAS, said structures are a nuisance, are sub-standard and
constitute a fire, safety and health hazard, and the required repairs exceed
fifty per cent of the physical value of the buildings in their present conditions;
and
WHEREAS, the Building Official of the City of Clearwater has
in writing notified the City Manager that the buildings situated on the above
described real property should be demolished pursuant to Chapter 11A of
the Code of Ordinances of the City of Clearwater, Florida, 1962, and the
Southern Standard Housing Code and that the owner has failed to comply with
the orders forwarded to him on August 20, 1975; December 10, 1975;
February 8, 1977; and September 5, 1975; and
Reno«?. 477-76 8/4177
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WHEREAS, the City Manager, pursuant to Section I IA-4 has
scheduled a public hearing on said matter for Thursday, August 4, 1977,
at 12:30 P.M. at Clearwater City Ball Auditorium; and
WHEREAS, the City Manager has directed that notice of such public
hearing be given by publication in some newspaper published in the city, once
a week for at least two weeks, the first publication to be at least ten days
prior to the hearing provided herein, and shall also cause to be mailed a
notice of the scheduled public hearing by certified mail, return receipt
requested, to the occupant at the street address of the property and to the
owner of the property addressed as indicated on the current tax roll of
Pinellas County, Florida, said notice requiring all persons interested to
show cause why the occupants or owner, or both, should not comply with
the orders and decision of the Building Official;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER. FLORIDA,
IN SESSION REGULARLY AND DULY ASSEMBLED, AS
FOLLOWS:
1. That Fordman J. Beach, Sr. and Helen L. Beach were provided
with written orders dated August 20, 1975; December 10, 1975; February 8,
2977; and September 5, 1975, setting forth deficiencies and violations
of five frame structural consisting of six dwelling units at 900 North Myrtle
Avenue, 904 North Myrtle Avenue, 903 Railroad Avenue, 905 Railroad
Avenue and 905-1/2-907-1/2 Railroad Avenue, Clearwater, Florida,
and requiring the owner to properly comply and correct said deficiencies
and violations, and the owner has failed to comply with the orders.
2. That pursuant to Section 11A-4 of the Code of Ordinances of
the City of Clearwater, Florida, a public hearing was scheduled for August
4, 1977, and notice of such hearing was published once a week for at least
two weeks, the first publication being at least ten days prior to said hearing.
3. That the City Commission having considered the evidence in
the form of teatirnony and exhibits presented finds that a number of defects
exist in the structures located on the property, which defects are outlined
in the housing Inspector's Reports, copies of which are attached hereto and
made a part herein as Exhibit A, Exhibit B, Exhibit C, Exhibit D,
-3-
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Exhibit E and Exhibit F, and that by reason of such defects the structures
in question are unsafe, unsanitary and unfit for human habitation and dangerous
and detrimental to the health, safety, morals and general welfare of the
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community, and do not properly comply with the requirements of Chapter
11A of the Code of ordinances of the City of Clearwater, Florida, 1962,
relating to minimurn housing standards and the Southern Standard Housing
Code.
d. That the Cost of all necessary repairs will be in excess of 5010
of the assessed valuation placed on such property.
5. The City Commission further finds that no objections have been
filed or presented which are contrary to the inspection reports relating to this
property and the structures thereon and that the owner of the property is to
have thirty (30) days from the passage and adoption of this Resolution within
which to demolish the structures or the City Commission will cause the
buildings to be demolished and the costs of such demolition assessed as
provided in Section 11A-5 of the Code of Ordinances of the City of
Clearwater, Florida.
6. That a certified copy of this Resolution be immediately
furnished by certified matl, return receipt requested, to the occupants,
if any, at the street addresses of the property, and to the owner of the
property addressed as indicated on the current tax roll of Pinellas County,
Florida.
7, Further, that if said occupants and/or owner fails to properly
comply with this saki Resolution within the said thirty (30) day period, the
City Commission shall cause the removal or demolition of said buildings and
shall charge upon those benefitted and the property such special assessment
of the necessary costs incurred as determined by the City Commission
and shall provide that such assessment be a lien upon the real estate improved.
PASSED AND ADOPTED this 4th day of August, A. D. 1977.
Atte to Mayor- Commis a er
,.. C Clark
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