09/11/1991 (2)
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CEB.
MUNICIPAL .CODE ENFORCEMENT BOARD'
DATE
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MUNICIPAL CODE ENFORCEMENT BOARD
Agenda
Meeting of September II, 1991, 3:00 p.m.
PUBLIC HEARINGS
Action
(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 91-9-1
- Case # 1 Nick Sagonias Est
about 650 Turner St
aka Lots 6 & 7, Magnolia Park
- Case #2 Forest Dean/Norman Kirkland, Trs ,
ROW on Turner St, N of 601 S Myrtle Ave
aka Lots 1-3 & 6-10, Blk 21, Magnolia Park
- Case #3 Charles R Smith
1200 Drew St
aka Lot 3, Blk 4, Country Club Addn
- Case #4 Anthony Basile
2832 Gloria Ct
aka Lot 37, Northwood West
t':~,,:: - Case #5 RSORgOYB Me~dOrAt Tre
.,.. ayvlew ve
aka Lot 2, Blk 3, McMullen1s Bayview Sub
- Case #6 Resolution Trust Corp
1161 Sedeeva St
aka pt Lots 4 & 5, Blk E, Floridena Sub
- Case #7 Dolly Caloroso
1492 Byram Dr'
aka Lot 89, Sunset Highlands Unit 4
- Case #8 Donna G Spaduzzi
1 S Hercules Ave
aka Lot I, Blk C, Sky Crest Unit 9
- Case #9 Arnold 0 Leifer
409 South Comet Ave
aka S 65 ft of Lot 5, Sky Crest Unit 7
OTHER BOARD ACTION
tIE\~ BUSINESS
ADJOURN
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Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
Comply within 10 days
(9/21/91)
None
Discussion re imposing of
administrative fee by Board
3:55 p.m.
9/11/91
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PUBLIC NUISANCE CLEARING LIST 91/9/1, 09/11/91
1. Vacant property about 650 Turner Street, Clearwater, Florida,
Lots 6 & 7, Magnolia Park, Parcel # 15/29/15/54450/019/0060.
Property Owner: Nick Sagonias Est., c/o Mary Segonias, 113 N.
Ring Avenue, Tarpon Springs, Florida 34689.
2. Right of way on Turner Street, N. 601 S. Myrtle Avenue,
Clearwater, Florida, Lots 1, 2,3, 6-10, Magnolia park, Blk.
21, Parcel # 15/29/15/54450/021/0010. Property Owner: Forest
Dean, Norman Kirkland, Tre., c/o Scotty's Inc., P.O. Box 939,
Winter Haven, Florida 33882.
3. 1200 Drew Streot, Clcarwatex, Florida, Lot 3, Blk 4, Country
Club Addn., Parcel # 10/29/15/18414/004/0030. Property Owner:
Charles R. Smith, P.O. Box 320071, Birmingham, AI. 35232.
4. 2832 Gloria Court, Clearwater, Florida, Lot 37, Northwood
West, Parcel 1# 29-28-16-61655-000-0370. Property Owner:
Basile, Anthony, 15101 u.s. 19, Hudson, Florida 34667-3606.
5.
509 Bayview Avenue, Clearwa ter, Florida, Lot 2, Block 3,
McMullen's Bayview Subdivision (and 1/2 vaca ted street on
north), Parcel It 16/29/16/53892/003/0020. property Owner:
Meador, R. Roy Tre., 03843 Picciola Road, Fruitland Park,
Florida 34731-6380. '
......
6. 1161 Sedeeva Street, Clearwater, Florida, Parts Lots 4 & 5,
Floridena Sub., Blk E, Parcel # 03/29/15/28674/005/0040.
Propert:y OWner: Resolution Trust Corp., P.O. Box 20587,
Tampa, Florida 33622.
7. 1492 Byram Drive, Clearwater, Florida, Lot 89, Sunset
llighlands Unit 4, Parcel ff 02/29/15/87768/000/0890. Property
Owner: Dolly Caloroso, 989 Calle Castano, Thousand Oaks, Ca.
91360.
8 .
1 South Her.cules Avenue, Clearwater, Florida, Lot 1, Blk C,
Sky Crest Unit No.9, Parcel # 13/29/15/82530/003/0010.
Property Owner: Donna G. Spaduzzi, 1 South Hercules Avenue,
Clearwater, Florida 34625.
9. 409 South Comet Avenue, Clearwater, Florida, Part of lot 5
(so. 65'), Sky Crest Unit No.7, Blk. B, Parcel ff
13/29/15/82494/002/0050. property Owner: Arnold O. Leifer,
5317 Black Pine Drive, Tampa, Florida 33624.
MUNICIPAL CXlJE ~ OOARD
Septanber 11, 1991
Manbers present:
William Murray, Chai.J:nan
Bruce CaJ:dinal, Vice-Cha.i.man
william A. Zinzow
D. Wayne Wyatt
Iouise C. Riley
Edwin L. Choate
Absent:
Robert Aude (excused)
Also present:
Miles lance, Assi.stant City Attomey
Andy Salzrran, Attorney for the Eoa1:d
Muy K. Diana, SecretaJ:y for the Boal:d
In ar:der to provide o:ntinuity for research, the itans will be listed in agBlda
on:Ier although not necessarily discussed in that omer.
'!he rreeting was called. to order by the ChaiDnan at 3:00 p.m. in the Carmission
Meeting Roan in City Hall. He outlined the pmcedures and advised any agg:rievai
party nay appeal a final administrative omer of the Municipal Cede Enforcarent
Boa:r::d 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 Boal:d to
have a recolrl of the pl:OCee:li.ngs to support such an appeal.
POBLIC HFARIH:;S
Public Nuisance Clearinq List 91-9-1
- Case f 1
Nick Sagonias Est
about 650 'l\u:ner St aka IDts 6 & 7, Magnolia Park
No one was pr:esent to rep:tesent the violator.
Vicki Nianiller, Cooe Inspector, stated cmnership was verifie:l through the
Pmperty Appraiser's Office, notice was sent xegu1ar and certified nail, and the
signed receipt was l.-etumed. She first inspectErl the property July 15th; she p::>sted
and photographed it on August 7th. She reinspected the property this rro.ming and
the violation still exists. City sul:rni.tted CCII1fCslte exhibit A, a copy of the file
of l."ecord including the legal notice and a photograph.
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9/11/91
Mr. Cantinal m:JVeCi that conceming case No. 1 of Public Nuisance Clearing List
91-9-1 regcu:ding violation of Section 95.04 of the City Cede on property located at
aOOut 650 Turner St. aka Lots 6 & 7, l-fagnolia Park, the Municipal Code Enforcarent
Board has heard testim:my at the Municipal Code Enforcanant Boa:t::d hearing held the
l1:!;:h. day of Sept:enb::>-r, 1991, and basEd on the evidence, the Municipal axle
Enforcement BoaJ:d enters the following Findings of Fact, Ca1.clusians of Iin-l, and
Order .
The Findings of Fact are: after hearing testim:my of Vicki Nianiller, Code
Inspector, and viewing the evidence, exhibits subnitted: City canposite exhibit A-
a copy of the file of reco:a:l including the legal notice and a photograph of the
property, it is evident that there exists the excessive grcMth or accumulation of
-weeds, mrleJ:grCMth or other similar plant naterials at the above J:eferenced address.
T'ne Conclusions of Law are; Nick SaClonil1~ Est. is in violation of section
95.04.
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It is the O:t:der of this Boal:d that Nick sagonias Est. shall canply with
Section 95.04 of the Ccx:ie of the City of Clearwater within 10 clava (9/21/91). Up:>n
failw:e to carply within the ti.ne specified, the City Manager nay authorize the
entry upon the property and such action as is necessary to J:'alECiy the condition,
without further notice to Nick Sagonias Est. The City Cannission nay then adopt a
Resolution assessing against the property on \rMch :r:em::dial action was taken by the
City the actual cost incurred plus $150.00 administrative cost. SUch cost shall
constitute a lien against 'the pro.J?erty until p9.id. A Notice of Lien, in such fom
as the City Carmission shall determine, nay 00 recoIDerl in the Public RecoI:Cis of
Pi.nellas County, Florida as other liens are :recorded. If the cmner takes n:medial
action after the t.iJre specified, the City Camtission nay assess the property the
$150.00 administrative cost. Such cost shall constitute a lien against the property
until paid. Upon canplying, Nick Sagonias Est. shall notify Vicki Niemiller, the
City Official who shall inspect the property and notify the Board of canpliance.
Should a dispute arise conceming canpliance, either party nay :request a further
hearing before the Boci.rd. The rrotion was duly seconded. and carried unanim::msly.
- Case #2
Forest Dean
~1 on Turner St, N of 601 S Myrtle Ave aka Lots 1-3 & 6-10,
Blk 21, Magnolia Park
No one was present to represent the violator.
Vicki Niani.ller, COde Inspector, state::i ownership was verified through the
Property Appraiser's Office and notice was sent certifie::i and regular mail. '!he
Inspector stated she spoke with the Manager of Scotty's and sent a courtesy letter
to the owner of the property, but she receiva:i no resfXJnse. She fOsted and
phot.ographEd the property August 7th; reinsp:cte:::1 the property this rroming and the
violation still exists. City suhnitted canposite exhibit A, a copy of the file of
recOl:d including the legal notice and a photograph of the property.
k.j,t
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9/11/91
2
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Mr. cardi.nal rroved that conceming Case No. 2 of Public Nuisance Clearing List
91-9-1 reganiing violation of Section 95.04 of the City Cede on property located at
the right of way on Tumer St. r north of 601 S. Myrtle Ave. aka Lots 1-3 & 6-10,
Blk. 21, Magnolia Park, the Municip9J. COOe Enforcarent Board has heanl testim:myat
the Municipal COde Enforcarent Board. hearing held the 11th day of Se-ptan1:er. 1991,
and based on the evidence, the Municipal Cooe Enforcarent BoaJ::d enters the following
Findings of Fact, Conclusions of law, and Onier.
rztlt:: Findings of Fact are: after hearing testim:my of vicki Nianiller, Ccxie
Inspector, and viewing the evidence, exhibits suhnitte:l: City canposite exhibit A -
a cop..\' of the file of record including the legal notice and a photograph of the
property, it is evident that there exists the excessive growth or acCUIlUl.lation of
wea:1s, undergJ::CMth or o~.r similar plant naterials at the above mferenced addI:ess.
Tho Conolusiona of .ulW are: Forest Daan is in violation of Section 95.04.
t'
It is the On:ler of this Eoal:d that Fo:oost Dean shall canplywith Section 95.04
of the Cexie of the City of Cleaxwater within 10 claw (9/21/91). Upon failure to
cattply within the ti:rre specified, the City Manager may authorize the enb:y up:m. the
property and such action as is necesscu::y to .remedy the condition, without further
notice to FOl:est Dean. 'the City Conn\i.ssion way then adopt a Resolution assessing
against 'the property on which :cem=rlial 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 fom as the City
Ccmuission shall deteDni.ne, nay be recoroed in the Public RecolXls of Pinellas
County, Florida as other liens are reoordec1.. If the owner takes raredial action
after the time specified, the City Carmi.ssion may assess the properly the $150.00
achninistra'ti ve cost. Such cost shall constitute a lien against the property until
paid. Upon canplying, Forest Lean shall notify Vicki Niemiller, the City Official
who shall inspect the property and notify the Board of canpliance. Should a dispute
arise conce.rning canpliance, either party may request a further hearing before the
BOaJ::d. The rrotion was duly seconded and carried una.ni.rrously.
- Case 13
Charles R Smith
1200 DrEw St aka L::lt 3, BJJc 4, Count:ty Club Addn
No one was present to represent the violator.
Vicki Niemiller, Ccxle Inspe...4:0r, state:! there is an accumulation of debris,
in the fom of roofing naterials, on the property. Notice was sent regular and
certified rrail and the signed receipt was returned. She first inspecte:i the
prop3rty July 8th and sent a courtesy letter to the owner who is out of state. She
posted and photographe:l the property on August 15th. As of this rrorning, the
violation still exists.
In response to questions, the Insr:ector stated the residence appears to be
vacant. She stated sanitation trucks do not pick up building materials.
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9/11/91
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Mr. Cardinal noved that concerning Case No. 3 of Public Nuisance Clearing List
91-9-1 rega:rding violation of Section 95.04 of the City CcxI.e on property located at
1200 D1.-ew St. aka Ult 3, Blk. 4, CountJ::y Club Addn., the Municip:ll Ccxie Enforcaoont
Board has heard test.irronyat the Municipal Code Enforcem::nt B:>ard hearing held the
11th day of Septe:!Tlber, 1991, and b::lsed on the evidence, the Municipal Ccrle
Enforcerrent Boalxl enters the following Findings of Fact, Conclusions of raw, and
Order .
'ilie Findings of Fact are: after hearing test.i.m:>ny of Vicki Nieniller, Code
Inspector, and viEWing the evidence, exhibits suhnitte:i: City canposite exhibit A-
a copy of the file of record including the legal notice and a photograph of the
property, it is evident that there exists the p.xcessive accumulation of debris at
the above referenced address.
The COnclusions of raw are; .Gharles ~ith is in violation of SOcti.on 95.04.
It is the Order of this Board that Charles R. smith shall canply with Section
95.04 of the Cooe of the City of Clearwater within 10 dava ( 9/21/91 L Up::m failure
to ccmply within the tine specified, the City Manager may authorize the entty uIXJl1
the property and such action as is necessary to reredy the condition, without
further notice to Charles R. Smith. The City Ccmni.ssion may then adopt a Resolution
assessing against the property on which renedi.al action was taken by the City the
actual cost incurre:l plus $150.00 administrative cost. SUch cost shall constitute
a lien against the property until paid. A Notice of Lien, in such fonn as the City
Carmission shall determine, !MY be recOl::ded in the Public Records of Pinellas
COunty, Florida as other liens are reco:rded. If the owner takes rene:lial action
after the tiJre spacifi.od, the City Ccmnission may assess the property the $150.00
administrative cost. Such cost shall constitute a lien against the property until
paid. Upon CCIllplying, Charles R. Smith shall notify Vicki Niemiller, the City
Official who shall inspect the property and notify the Board of canpliance. Should
a dispute arise conce.ming canpliance, either party !MY J:eqUest a further hearing
before the Boa1:d. '!he notion was duly seconded and 'earrie:i unaniJrously.
- Case #4
Anthony Basile
2832 Gloria Ct aka Ult 37, Northw:xx:i West
No one '.'laS prese.nt to represent the violator.
Geri Doherty, Cede Inspector, stated this property is an overgrown, vacant
lot. She stated a canplaint was received on .August 8, the property was first
inspected on August 15, and posted on August 21. Ownership 'Was verified through
the Property Appraiser'S Office. She reinspected the prop3rty this noming and they
are in the process of clearing it. Notice was sent by certified mail and the signed
receipt was returned. City su1:mitted CC1'IlfOsite exhibit A, a copy of the file of
record including the legal notice and photographs of the property.
Mr. Caxdinallroved that conceming Case No. 4 of Public Nuisance Clearing List
91-9-1 regarding violation of section 95.04 of the City Code on property located at
2832 Gloria Ct. aka LDt 37, Northwood West, the Municipal Code Enforcarent Boaxd has
hem:d testi.rrony at the Municipal Ccxle Enforcarent Board hearing held the 11th day
of Septenber, 1991, and based on the evidence, the Municip:ll Code Enforcarent &Jard
enters the following F.indings of Fact, Conclusions of !.aw, and Ol:der.
Hem
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9/11/91
'!he Findings of Fact are: after hearing testi.mJny of Geri Doherty, COOe
Inspec..1:or, and viewing the evidence, exhibits sul:rrti.tted: City canposite exhibit A -
a copy of the file of recon:l including the legal notice and photographs of the
p:roperty , it is Gvident that there exists the excessive g:rowt.h or acCUIlUllation of
weeds, undergrowth or other similar plant materials at the above referenced address.
The Conclusions of Law are: Anthonv Basile is in violation of Section 95.04.
It is the Onier of this Boal:d that Anthony Basile shall canply with section
95.04 of the Cede of the City of Cleaxwater within 10 days (9/21/91). Up:m failure
to canply within the ti.rre specified, the City Manager may aut.'1orize the entry up::m
the property and such action as is net."essary to J:aTe:iy the condition, without
further notice to Anthony Basile. 'lhe City Cam1i.ssion nay then adopt a Resolution
assesGing against the property on which rene:ii.al 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 fonn as the City
Catmission shall detennine, rray be recomed in the Public Records of Pinellas
County, Florida as other. liens are recomed. If the owner takes J:aredial action
after the tirre specified, the City Camrl.ssion may assess the propsrty the $150.00
administrative cost. Such cost shall constitute a lien against the property until
paid. Upon canplying, Anthony Basile shall notify Geri D::>herty, the City Official
who shall inspect the property and notify the Board of canpliance. Should a dispute
arise concerning canpliance, either party may request a further hearing before the
Eo-:u:d. The rrotion was duly seconded and carrie:i unan.irrously.
- Case #5
R Roy Meador, Tre
509 Bayview Ave aka IJ:lt 2, Blk 3, McMullen's Bayview Sub
No one was present to represent the violator.
Geri [):)he:t.ty, Code Inspector, stated there is an ino~le vehicle on the
property with an expired out of state tag, and one wheel missing. CMnership of the
property was verified through the Prop;rty Appraiser's Office; cwnership of the
vehicle is unkno;'..n. She stated notice was sent regular and certifie:i nail. She has
not had any contact with the property CMller, but she has s:poken with the tenant.
The property was first inspected July 8th and :posted August 21st. As of this
morning, the violation still exists. City sul:mitted can:posite exhibit A, a copy of
the file of reco~"d including the legal notice and photographs of the property.
In response to questions, the Inspector stated David Osbo~'le, the tenant, is
aware of the problem and that the City will assess the property if forced to rarove
the vehicle. She stated she posted four other vehicles at this address previously,
and he did rarove than.
Mr. Cardinal rroved that concerning Case No. 5 of Public Nuisance Clearing Id.st
91-9-1 regarding violation of Section 95.04 of the City Cede on property locate.:l at
509 B3.yview Ave. aka Lot 2, Blk. 3, McMullen's Bayview Sub., (& 1/2 vacated street
on north), the Municip3.l Code EnforcetiEnt Board has heaxd testi..Joclny at the Mw1i.cip:t1
Cede EnforcEm:mt Board hearing held the 11th clay of Septanber, 1991, and based. on
the evidence, the Municipal Cooe Enforcarent Eoa1:d enters the following Fi.:ndings of
Fact, Conclusions of raw, and Order.
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9/11/91
'lhe Findings of Fact are: after hearing testim:my of Geri Ibherty, COOe
Inspector, and viewing the evidence, exhibits suJ:mitta:i: City c:anp:lsite exhibit A -
a copy of the file of recoJ:d including the legal notice and photographs of the
propa"ty, it is evident that them exists debris in the fom of an inoperable
vehicle at the ab::Ne reference:i acldress.
The Conclusions of Law are: R. Roy Meador, Tre. is in violation of Section
95.04.
It is the Order of this Boa1:d that R. Roy Moodor, Tre. shall canply with
Section 95.04 of the Cooe of the City of Clearwater within 10 days (9/21/91). Up:>n
failure to ccmply within the tirre specified, the City Manager nay authorize the
entry up::m the property and such action as is necessary to J:elooy the condition,
without further notice to R. Roy Meador, 'l'l:R. The City Calmiaaion lI\:lY then adopt
a Resolution assessing against the property on which raredial action was taken by
the City the actual cost incur.r:ed plus $150.00 administrative cost. Such cost shall
constitute a lien against the property until paid. A Notice of Lien, in such fODl1
as the City Cc:mn:ission shall deteJ:rnine, may be recoJ:de:i in the Public Records of
Pinellas County, Florida as other liens are reco.tded. If the owner takes :t:al'Sllal
action after the tirre specifie:i, the City Ccmnission may assess the property the
$150.00 administrative cost. Such cost shall constitute a lien against the property
until paid. Up:m canplying, R. Roy Meador, Tre. shall notify Geri Ibherty, the City
Official who shall inspect the property and notify the Eoal:d of catlpliance. Should
a dispute arise conceming canpliance, either J?art.Y may request a further hearing
before the Boaxd. The notion was duly seconded and carried una.nim:msly.
- Case #6
Resolution Trust Co:tp
1.161 Sedeeva St aka pt IDts 4 & 5, Blk E, Floridena Sub
No one was present to represent the violator.
Janice King, Cooe Inspector, state::l the property is overgn:mn and there is
debris in the form of a fallen tree in the back yaJ:d.. Ownership was verifie::l
through the Property Appraiser's Office, notice was sent certified nail, and. the
signed. :receipt was retumed. The property was first inspecte:i July 22nd and PJsted
on August 13th. City suhnitted canp:>site exhibit At a copy of the file of record
including the legal notice and photographs of the property. The Inspector stated
she reinspected the pl."Oparty this rrorning and the violation still exists.
In resp:mse to questions, Ms. King stated there is other debris such as a
battel:Y. '!he neighbors are upset with the condition of the property. Mi.nimum
Housing is also involved as the house is in bad shape. She stated the house is
unocCupied, h~:.ver there nay be vagrants.
Mr. cardinal noved that concerning case No. 6 of Public Nuisance Clearing List
91-9-1 regarding violation of Section 95.04 of the Cit"Y code on property located at
1161 Sedeeva St. aka part of IDts 4 & 5, Blk. E, Floridena Sub., the Municipal COde
Enforcem:mt Boal:d has heard testim:my at the Municipal COOe Enforcerent Boa:rd
hearing held the lltl1 day of SeptanJ:x:rr, 1991, and based on the evidence, the
Municip:ll Cooe Enforcarent Board enters the follCMing Firrlings of Fact, COnclusions
of raw I and Oo:ler.
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9/11/91
'!he Findings of Fact are: after hearing test.irrony of Janice King, Ccx:le
Inspector, and viewing the evidence, exhibits sul:rnitted.: City canposite exhibit A-
a copy of the file of record including the legal notice and photographs of the
prop3rt.y, it is evident that there exists the excessive growth or accumulation of
weeds, undergrowth or other similar plant naterials and debris, in the fonn of a
fallen tree, at the above referenced address.
The Conclusions of raw are: Resolution Tnlst Com. is in violation of Section
95.04.
It is the oroer of this Board that Resolution Trust COl:p. shall canply with
Section 95.04 of the Code of the City of Clearwater within 10 days (9/21/91). Upon
failt1l'.'e to canply within the t.i.m3 specified, the City Manager nay autllOrize the
ent.ry upon. the property and such action as is necessaxy to rEm?dy the condi'tJ.on,
without further notice to Resolution Tl:ust Cox:p. The City Ccmnission nay then adopt
a Resolution assessing against the property on which remedial action was taken by
the City the actual cost inCUrJ:'E!d plus $150.00 administrative cost. SUch cost shall
constitute a lien against the property until paid. A Notice of Lien, in such fonn
as the City Ccmni.ssion shall deteJ:rnine, may be recOl:ded in the Public Records of
Pinellas county, Florida as other liens are recoroed. If the CJWIler takes reredi.al
action after the ti.m3 sf,eCified, the City Carmission may assess the property the
$150.00 administrative cost. Such cost shall constitute a lien against the property
until paid. Up:,n canpl ying, Resolution Trost Corp. shall notify Janice King, the
Cit".f Official who shllll inspect the property and notify the BoaJ:d of canpliance.
Should a dispute arise concerning carq;>liance, either party may request a further
hearing before the Boa1:d. The motion was duly seconded and carried unanim:::msly.
- Case =lt7
Dolly Caloroso
1492 Byram aka IDt 89, Sunset Highlands Unit 4
Janice King, Code Insp:ctor, stated the right of way and ea.SE!llEJ1t to the north
of the proferty is overgrown. o.mership was verified through the Property
Appraiser's Office, notice was sent by certified nail and the signed :receipt was
returned. She f.ll."St inspected the property on August 7th and posted and
photographerl it on August 12th. city subnitted c:arqx)Site exhibit A, a copy of the
file of recoIrl including the legal notice and photographs of the property. She
reinspected the proparty this rrorning; part of the right of way has been~, but
the ditch to the north of the property is not ~.
In res:fOnse to a question, the Inspector stated adjacent ea.SE!IlEJ1ts and rights
of way are the l:esponsibilit:y of the property owner.
Frank Burgia, Property Manager for COlly Caloroso, stated the previous tenants
did not naintain it. He wasn't aware of the need to cut the easarent, and he is now
trying to find sareone to cut the grass.
Mr. Wyatt rroved that concerning Case No. 7 of Public Nuisance Clearing List
91-9-1 regaJ:d.ing violation of Section 95.04 of the City Code on property located at
1492 Byram Dr. aka IDt 89, Sunset Highlands Unit 4, the Municipal Cede Enforc:e:rent
PQard has heard testim:my at the Hunicipa.l CCrle Enforc:emant Boal:d hearing held the
11th day of September, 1991, and based on the evidence, the Municipal Code
Enfor:c:al'ent Board enters the following Fi..OOings of Fact, Conclusions of law, and
Qrder .
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The Findings of Fact are: after hearing testim:my of Janice King, COde
Inspector, Frank Burgia, Manager of the property, and viewing the evidence, exhibits
sumu.tte::l: City canposite exhibit A - a copy of the file of recom. including the
legal notice and photographs of the property, it is evident that then; exists the
excessive grcMth or acClUltUlation of weeds, undergxt:Mth or other similar plant
naterials at the above referenced address.
The Conclusions of Law are: Dollv Caloroso is in violation of Section 95.04.
It is the omer of this Board that Dolly Caloroso shall canply with Section
95.04 of the Cede of the City of Clearwater within 10 davs (9/21/91). Upon failw:e
to canply within t.he titre specified, the City Manager may authorize the entry upon
the property and. such action as is necessm:y to :r:aIEdy the condition, without
further notice to Dolly Caloroso. '!he City Carmission may then adopt a Resolution
ns~-saing f:1gainst the property on which raTEd1al action \VaS taken by the City the
actual cost incurred plus $150.00 administrative cost. Such cost shall oonstitute
a lien against the property until prld. A Notice of Lien, in such form as the City
Carmi.ssion shall detennine, nay be recorde::l in the Public Recoms of Pinellas
County, Florida as other liens are recoroed. If the owner takes J:aredial action
after the tirre specified., the City Carrnission may assess the property the $150.00
administrative cost. Such cost shall constitute a lien against the property until
paid. Upon canplying, D:>lly Caloroso shall notify Janice King, the City Official
who shall inspect the pro.t;:erty and notify the Board of canplianc:e. Should a dispute
arise concerning caupliance, either party nay request a further hearing befoJ:e the
BoaJ:d. The rrotion was duly seconde::l and carried unanirrously.
- Case #8
Donna G Spaduzzi
1 S Hercules Ave aka IDt 1, Blk C, Sky Cl::est Unit 9
No one was pJ:esent to repJ:esent the violator.
Janice King, Cede Inspector; stated ownership was verifie::l. through the
Property Appraiser's Office, notice was sent by J:egUlar and certified mail, and lxlth
:regular and certifie::l. letters \o,Bre mtw:ned undeliveJ:ed. She first posted the
property August 7th and posted and photographed on August 13th. City sul:rni.tted
cc:mp::>site exhibit A, a copy of the file of record including the legal notice and
photographs. She reinspected the property this noming; the front yard was JlU.oi€d
hilt the back was still in violation.
In J:esponse to a question, the Inspector state::l. she thinks the debris depicted
in the photograph is sc.reeni.ng and pieces of wood.
Mr. Cardinal JTOVEd that concerning Case No. 8 of Public Nuisance Clearing List
91-9-1 regarding violation of Section 95.04 of the City Cede on property located at
1 S. Hercules Ave. aka IDt 1, Blk. CI Sky Crest Unit No.9, the Municip;ll Ccxle
Enforcarent Eoal.u has heard test:iJrony at the Municip;ll Cooe Enforcarent Board
hearing held the 11th day of Septenber, 1991, and based. on the evidence, the
Municipal Ccxle Enforcemant Ibani enters the follCMing Findings of Facti Conclusions
of Law I and On:ler.
.~ >,"
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The J!'.indi.ngs of Fact are: after hearing testi.m:my of Janice King, Cede
Inspector, and viewing the evidence, exhibits sul:mitte:i: City CCIl1pJsite exhibit A -
a copy of the file of record including the legal notice and photographs of the
property, it is evident that there exists the excessive grcMth or acClmUllation of
weeds, undergrowth or other similar plant naterials and debris at the above
referenced. address.
The Conclusions of Law are: Donna G. Spaduzzi is in vio]ation of Section
95.04.
It is the Otder of this Boal:d that D:mna G. Spaduzzi shall canply with section
95.04 of the COde of the City of Cleaxwater within 10 clava (9/21/91). Upon failure
to canply wi.thin the tine specified, the Ci1:}r Manager nay authorize the entry up:m
the property and such action as is necessa:ty to J:a1'edy the condition, without
further notice to Donna G. Spaduzzi. r.Ihe City Cannission nay then adopt a
Resolution assessing against the property on which :a::m:rli.al 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 fom
as the City Carmission shall deteJ:mi.ne, may be x:ecorded in the Public Reccu:ds of
Pinellas County, Florida as other liens are x:ecorded. If the owner takes rened.ial
action after the tine specified, the City CCmnission may assess the property the
$150.00 administrative cost. Such cost shall constitute a lien against the property
until paid. Upon canplying, D.Jnna G. Spaduzzi shall notify Janice King, the City
Official who shall inspect the property and notify the Board of canpliance. Should
a dispute arise concen1i.ng canpliance, either party may request a further hearing
before the BoaJ:d. The notion was duly seconded and carried. unanim::msly.
- Case *9 ,
Arnold 0 Leifer
409 South Caret Ave aka S 65 ft of Lot 5, Sky Crest Unit 7
No one was present to represent the violator.
Janice King, Ccx:le Inspector, state:i the eaSEID3Ilt is overgrown. CMnership was
verifiErl through the Pro};.'erty Appraiser's Office. Notice was sent by certifiErl
mail, which was retumed undeliverable, and by regular mail. The property was first
inspectErl August 12th. and. {Xlste:i August 13th. City sul:mitted cat\lX>site exhibit A,
a copy of the file of record including the legal notice and photographs. rrhe
Inspector stated the Utilities DepartIrent personnel could not locate the rreter and
made a canplaint. She reinspected the pro,p=rty this JlDnting and the violation still
exists, although an area leadi.."1g to the m3ter was n'OWed.
In re5pJnse to a question, the Inspector stated it looks like part of the
building is used for business with rental units upstairs. The o;.mer lives in Ta.mp:l..
Mr. CaJ::dina1 noved that concerning Case No. 9 of Public Nuisance Clearing List
91-9-1 reganiing violation of Section 95.04 of the City CcxI.e on property locatErl at
409 South Ccrret Ave. aka the south 65 feet of rat 5, Sky Crest Unit No.7, the
Municipal Cede Enforcarent Board has heard test.i.rrony at the Municipal Code
Enforc:anant Board hearing held the 11th day of Septanber, 1991, and based. on the
evidence, the Municipal Cede Enforcerent Board enters the follCMing F.irxii.ngs of
Fact, Ccnclusions of law, arrl Order.
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,.
".~ ,
!]he Findings of Fact are: after hearing testim:my of Janice King, Code
Inspector, and viewing the evidence, exhibits subnitted: City cc:mposite exhibit A -
a copy of the file of record including the legal notice and photographs of the
property, it is evident that there exists the excessive growth or accumulation of
weeds, undergrcMth or other s.i.mi.lar plant materials and debris at the aOOve
:referenced address.
'!be Coo.clusions of !aware: Arnold Q. Ieifer is in violation of Section 95.04.
It is the Onler of this BoaI:d that Amold O. I.eifer shall ccmply with Section
95.04 of the Code of the City of Clem:water within 10 days (9/21/91). Up::m failure
to canply within the ti.ne specified, the City Manager may authorize the entry up:m
the property and such action as is necesscu:y to reuooy the condition, without
further not.ice to l\r.nOld Q. IJ;)ifG:C. 'lhQ City Cctm\is13ion rray th~ adopt:. a Re!301utlon
assessing against the property on which :renedial 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 ioon as the City
Carmission shall deteI:mine, way l::e reco:r:ded in the Public Records of Pinellas
County, Florida as other liens are recOl:ded. If the owner takes J:aredial action
after the tim3 specified, the City Camtission may assess the property the $150.00
administrative cost. Such cost shall constitute a lien against the property until
paid. Upon canplying, Arnold O. Leifer shall notify Janice King, the City Official
who shall inspect the property and notify the BoaJ:d of canpliance. Should a dispute
arise concerning canpliance, either party may ra;p1est a :further hearing befo:re the
BoaIrl. '!he rrotion was duly seconded and carried unanim:nlsly.
0lHER OOARD llCl'IOO - None
NEW BlEINESS
.'
Discussion ensued regan:li.ng the assessrrent of the $150 administrative cha.l:ge.
JaM Richter, Code Enforcarent Manager, stated the fee is not assessed if the owners
clear the property after the hearing. In resp::mse to a question, Mr. Richter stated
costs incurre::l by the City for the inspectors tiIre and process exceeds the
administrative charge and does not take into account all costs involved. He
recarmended bringing cases to the Board if they have cleared prior to the hearing
in order for the Board to assess the administrative fee. Mr. Richter stated the
Board's orders no longer refer to the $150 administrative fee, and Attorney SalZJ1\3n
stated Section 95.08 ( 3) provides for this fee.
.AIlJ(lJRN - 'll1e ItEeting adjoume:i at 3 :55 p.m.
Attest:
A1/, ; /fJ1} I
(J.1.J:l{fiu1. (~ J / "
eha 1171111111
,/
0AA~\~~ Z~.-L.:1:~~~~
--lj Sl'c.rctal-Y
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