02/24/1988 MUNICIPAL CODE ENFORCEMENT BOARD
February 24, 1988
Members present:
Robert Aude, Chairman
Phillip N. Elliott, Vice Chairman
James Angelis
Frank Morris
Bruce Cardinal
William Murray
Absent:
John Ehrig (excused)
Also present:
Leo Schrader, Assistant City Attorney Shirley A. Corum, Secretary for the Board
The meeting was called to order by the Chairman at 5:05 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final
administrative order of the Municipal Code Enforcement Board 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 Board to have a record of the proceedings to support such an appeal. !
`PUBLIC HEARINGS` !
Abandoned Property List 88 02 2 !
`CASE NO. 2` James Jefferson !
1255 Byron Avenue !
Vicki Niemiller, Sanitation Inspector, stated this property was first inspected on January 25, 1988. At that time there were numerous vehicles including a homemade trailer. The property
was posted on February 9, 1988. The other vehicles have since been removed from the property; however, as of the day prior to the hearing, the trailer is still on the property. City
submitted composite exhibit #1, five photographs of the property taken February 9 and 23, 1988. Ms. Niemiller stated the homemade trailer consists of a shell with fiberglass panels.
She does not know what use Mr. Jefferson intends for the trailer. It has been there at least a year and is not habitable. In response to a question from the Board, Ms. Niemiller stated
the trailer does not have a Florida license plate.!
Vern Packer, Sanitation Inspector, stated this property has been an ongoing problem. The trailer has been in the same condition at least a year to his knowledge. The property has been
the subject of numerous complaints in the Sanitation Division. Mr. Packer stated he had been informed by Mr. Jefferson that he intends to use the trailer as a hunting trailer. At the
present time, the roof is falling in, there is a partial shower stall, and all the siding has been pulled off the trailer. !
The Assistant City Attorney stated that, in order to move the trailer for hunting use, Mr. Jefferson would need to obtain a Florida license tag. !
James Jefferson, owner of the subject property, stated he did not believe the trailer is in violation. He hopes to obtain some salvage value from the trailer and use the base as a boat
trailer. Mr. Jefferson stated he would need at least 30 days in which to accomplish removal of the trailer.!
Mr. Angelis moved that concerning Case No. 2 on Abandoned Property List 88 02 2 regarding violation of `Chapter 95` of the Clearwater City Code and `Florida Statute Section 705.16`
with the location of the abandoned property being 1255 Byron Ave., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th
day of February, l988, 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 the testimony of Vicki Niemiller and Vern Packer, Sanitation Inspectors, and James Jefferson and viewing the evidence, exhibits submitted:
City composite exhibit #1, five photographs of the property, it is evident that there exists abandoned property in the form of a trailer in a deteriorated condition at the above address.
!
The `Conclusions of Law` are: James Jefferson is in violation of Chapter 95 of the City Code and Florida Statute Section 705.16. !
It is the `Order` of this Board that James Jefferson shall comply with Chapter 95 of the Code of the City of Clearwater and Fla. Stat. Section 705.16 by March 23, 1988. Upon failure
to comply within the time specified, the abandoned property will be removed by the Sanitation Division and the owner of such property shall be liable for the cost of removal and destruction,
less any salvage value received by the City plus $150 administrative charge. Refusal to pay such costs shall, in the event the abandoned property is a boat, prevent future boat registration;
and if the abandoned property is a motor vehicle, a fine of `$100` will be levied. Should the violation recur, 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. `Motion` was duly seconded and `carried` unanimously.!
`Done and Ordered` this 24th day of February, 1988. !
As there was no other business before the Board, the meeting adjourned 5:37 p.m.!