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1101 CLEVELAND STDEPARTMENT OF THE CITY CLERK CITY OF CLEARWATER Certified Mail & Regular Mail March 7, 2002 Mr. Don Womersley Realty Exchange Services, Inc. 133457 S. Belcher Road Largo, FL 33771 Re: Case No. 15 -01 Clearwater Moose Lodge 1101 Cleveland Street Dear Sir /Madam: POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 CITY HALL, 112 SOUTH OSCEOIA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4090 FAx (727) 562 -4086 The Municipal Code Enforcement Board, at its meeting of February 27, 2002, approved your request to address the board regarding a reduction of fine in the above - referenced case. Your request has been scheduled for the meeting of March 27, 2002, at 3:00 p.m. in City Commission Chambers, third floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. If you have any questions, please call me at 727 - 562 -4096. Very truly yours, Mary lo r.Diana, Secretary Municipal Code Enforcement Board cc: Leslie Dougall- Sides, Assistant City Attorney Inspector Scott Kurleman BRIAN J. AUNGST, MAYOR- COMMISSIONER ED HART, VICE MAYOR- COMMISSIONER WHITNEY GRAY, COMMISSIONER HOYT HAMILTON, COMMISSIONER BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF COMPLIANCE Case #: 15 -01 City of Clearwater, Florida Petitioner vs. Clearwater Moose Lodge #1030 1101 Cleveland Street Clearwater, FL 33759 Respondent I, Scott Kurleman, have personally examined the property described in the Municipal Code Enforcement Board Order dated April 25, 2001 in the above mentioned case, and find that said property is now in compliance with Section 3 -1204 (A)(B)(F)(I)(L) of the City of Clearwater Code of Ordinances, as of February 13, 2002. Scott Kurleman STATE OF FLORIDA ] COUNTY OF PINELLAS] SWORN AND SUBSCRIBED before me on this 15TH day of February, 2002 by Scott Kurleman. PERSONALLY KNOWN TO ME PRODUCED AS IDENTIFICATION Type Of Identification Notary Public, (Notary gnature) Name of Notary (typed, printed, stamped) (Rev. 12-- 27 -0 -1) � James Wagner �@. MY Commission DD04913a O pof Expires August 12, 2D05 ,t DEPARTMENT OF THE CITY CLERK Certified _& Regular Mail November 1, 2001 COMMUNITY AM S('O TE CITY OF CLEARWATER POST OFFICE BOX 4i7`L , �LI WA 8 , O SoRiDA � � 58 -4748 CITY HAIL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4090 FAx (727) 562 -4086 Clearwater Moose Lodge #1030 1101 Cleveland Street Clearwater, FL 33759 RE: Municipal Code Enforcement Board Case No. 15 -01 1101 .Cleveland Street Dear Sir /Madam: The Municipal Code Enforcement Board, at its meeting of October 24,2001, accepted an Affidavit of Non - Compliance and issued the Order imposing the fine in the above referenced case, copies attached. Please note the date for compliance was on or before August 2, 2001. Since you did not comply with the Board's Order, a fine of (one hundred and no /100 dollars ($ 100.00) per day commenced as of August 3, 2001, and will continue to accrue until the property is brought into compliance. Upon complying, please notify Scott Kurleman, Code Inspector, at 727 - 562 -4746 so he can notify the Board of compliance. Very truly yours, Ae cl It_t-It Mary Sue" Diana, Secretary Municipal Code Enforcement Board Attachments cc: /Leslie Dougall- Sides, Assistant City Attorney Y Scott Kurleman, Code Inspector BRIAN J. AUNGST, MAYOR- COMMISSIONER ED HART, VICE MAYOR- COMMISSIONER WHITNEY GRAY, COMMISSIONER HOYT HAMILTON, COMMISSIONER ZA BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER" r , MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA Case No. 15 -01 CITY OF CLEARWATER, ) Petitioner, ) VS. ) 1101 Cleveland Street, Clearwater Clearwater Moose Lodge #1030 ) aka Mattison Square, Lots 1 -3, W10' of 1101 Cleveland Street Lot 4 less St. & all of tots 14-16 Clearwater, FL 33759 ) Respondent. ) The Municipal Code Enforcement Board received the Affidavit of Non - Compliance of Scott Kurleman, Code Inspector, in the above referenced case at the Board meeting held Wednesday, October 24, 2001, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT -. Based on the Affidavit of Non - Compliance, it is evident the property is in violation of the Code. CONCLUSIONS OF LAW - The Respondent is still in violation of Section 3 -1204 (A)(B)(F)(1)(L) of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s) and has not complied with the Order of this Board dated April 25, 2001. ORDER - In accordance with the Board's Order dated April 25, 2001, it is the Order of this Board that Respondent, pay a fine of one hundred and no /100 dollars ($100.00) per day for each day the violation continues to exist beyond the compliance due date of August 2, 2001. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162 of the Florida Statutes. A fine imposed pursuant to Chapter 162 of the Florida Statutes continues to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to Chapter 162, whichever occurs first. DONE AND ORDERED this 24th day of October, 2001, at Clearwater, Pinellas County, Florida. Attest: MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEAR ATER Mary Koibha, Board Secretary Helen Kerwin, G6ir ate signed: Sent by certified mail, with return receipt to Respondent this /A-t day of 2001. Mary IVDi4na, Board Secretary PLEASE RETURN TO: CITY OF CLEARWATER CITY CLERK DEPARTMENT P.O.BOX 4748 CLEARWATER, FL 33768 -4748 DEPARTMENT OF THE CITY CLERK Certified Mail May 4, 2001 ITT ®F LEAR ATER` POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 CITY HAIL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4090 FAx (727) 562 -4086 Clearwater Moose Lodge #1030 1 101 Cleveland Street Clearwater, FL 33759 Re: Municipal Code Enforcement Board Case No. 15 -01 1 101 Cleveland Street Dear Sir /Madam: Attached is the Order issued by the Municipal Code Enforcement Board on April 25, 2001. Please note the date of compliance is August 2, 2001. When you comply with the Board's Order, please call Scott Kurleman, Code Inspector at 727 - 562 -4746. Sincerely, Mary K. "Sue" Diana, Secretary Municipal Code Enforcement Board MKD /st Attachment cc: Leslie Dougall- Sides, Assistant City Attorney Scott Kurleman, Code Inspector BRIAN J. AUNGST, MAYOR- COMMISSIONER J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER - (9 • F. DAVID HEMERICK, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" r •: MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA Case No. 15 -01 CITY OF CLEARWATER, Petitioner, 1 V. ). Clearwater Moose Lodge #1030 ) 1101 Cleveland Street 1101 Cleveland Street ) Mattison Square, Lots 1 -3, W10' Clearwater, FL 33759 ) of Lot 4 less st, & all of Lots 14 -16 Respondent. ) The Municipal Code Enforcement Board has heard testimony at its regular meeting held on April 25, 2001, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspector Scott Kurleman for City and Lee Marsh, landscape architect on project, for Respondent and, viewing the evidence, City Exhibits 1 -7 (Ex. 1 — notice of violation and certified mail receipt; Ex. 2 — applicable code sections; Ex. 3 — property appraiser printout; Ex. 4 — affidavit of violation and request for hearing; Ex. 5 - notice of hearing; Ex. 6 — composite photographs dated 2/14/01; and Ex. 7 — information summary; and Ex. 8 - Lee E. Marsh landscape plan dated 2/25/00 and revised 7/6/00 and 7/10/00) and defendant's Ex. 1 — Lee E. Marsh landscape plan dated 2/25/00, revised 7/6/00 and 7/10/00, it is evident the property is in violation of Sec. 3 -1204 (A)(B)(F)(1)(L) of the Code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sec. 3 -1204 (A)(B)(F)(1)(L) of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation by August 2, 2001. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before August 2, 2001, the Respondent may be ordered to pay a fine in the amount of one hundred and no /100 dollars ($100.00) per day for each day the violation continues beyond August 2, 2001. If Respondent does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once Found in Violation recorded shall constitute a lien against any real or personal property owned by the Respondent pursuant to Chapter 162 of the Florida Statutes. 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. Attest! DONE AND ORDERED this 4th day of May, 2001 at Clearwater, Pinellas County, Florida. l� Board Secretary MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER, FLORIDA Helen Kerwin Chair Sent by certified mail with return receipt requested, to the Respondent this 4th day of May, 2001. Mary Board Secretary PLEASE RETURN TO: CITY OF CLEARWATER CITY CLERK DEPARTMENT P.O.BOX 4748 CLEARWATER, FL 33758 -4748 Found in Violation Or- MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF COMPLIANCE Case #: 15 -01 City of Clearwater, Florida Petitioner vs. Clearwater Moose Lodge #1030 1101 Cleveland Street Clearwater, FL 33759 Respondent I, Scott Kurleman, have personally examined the property described in the Municipal Code Enforcement Board Order dated April 25, 2001 in the above mentioned case, and find that said property is now in compliance with Section 3 -1204 (A)(13)(F)(1)(L) of the City of Clearwater Code of Ordinances, as of February 13, 2002. Scott Kurleman STATE OF FLORIDA ] COUNTY OF PINELLAS] SWORN AND SUBSCRIBED before me on this 15TH day of February, 2,002 by Scott Kurleman. PERSONALLY KNOWN TO ME PRODUCED AS IDENTIFICATION Type Of Identification Notary Public, 27(No'tary gnature) Name of Notary (typed, printed, stamped) (Rev. 12-- 27 -0 -1) James Wapner My Commission DD04913a orY Expires August 12,20D5 0 g, rs MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF NON - COMPLIANCE Case #: 15 -01 MCEB CASE # City of Clearwater, Florida Petitioner vs. Clearwater Moose Lodge #1030 1101 Cleveland Street Clearwater, FL 33759 Respondent I, Scott Kurleman, have personally examined the property described in the Municipal Code Enforcement Board Order dated April 25, 2001 in the above mentioned case, and find that said property is NOT in compliance with Section 3 -1204 (A)(B)(F)(I)(L) of the City of Clearwater Code of Ordinances, as of October 4, 2001. This shall result in a fine to run daily until the violator notifies the Community Response Team. After notification from the violator, the inspector will complete an inspection to determine compliance and the fine shall cease upon the date of the inspection in which co pliance is achieved (V . Scott Kurleman STATE OF FLORIDA ] COUNTY OF PINELLAS] SWORN AND SUBSCRIBED before me on this 4T" day of October, 2001 by Scott Kurleman. ®PERSONALLY KNOWN TO ME ❑PRODUCED AS IDENTIFICATION .Type Of Identification Notary Public, (Notary Sign ture) TIN Na a d, tamped) (Rev Raw ppEN01► MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF NON- COMPLIANCE Case #: 15 -01 MCEB CASE # City of Clearwater, Florida Petitioner vs. Clearwater Moose Lodge #1030 1101 Cleveland Street Clearwater, FL 33759 Respondent I, Scott Kurleman, have personally examined the property described in the Municipal Code Enforcement Board Order dated April 25, 2001 in the above mentioned case, and find that said property is NOT in compliance with Section 3 -1204 (A)(B)(F)(I)(L) of the City of Clearwater Code of Ordinances, as of October 4, 2001. This shall result in a fine to run daily until the violator notifies the Community Response Team. After notification from the violator, the inspector will complete an inspection to determine compliance and the fine shall cease upon the date of the inspection in which co pliance is achieved. . Scott Kurleman STATE OF FLORIDA ] COUNTY OF PINELLAS] SWORN AND SUBSCRIBED before me on this 4T" day of October, 2001 by Scott Kurleman. ®PERSONALLY KNOWN TO ME ❑PRODUCED AS IDENTIFICATION Type Of Identification Notary Public, (Notary Signature) TIN Na a d, tamped) (Rev. El a T ■`ti lets items i and/or 2-fox additional services. v w • Complete items 3, 4a, and 4b. ■Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■Write'Retum Receipt Requested' on the mailpiece below the article number. The Return Receipt will show to whom the article was delivered and the date delivered. u.-W,'.4Y IpJJCU lu. &cvc; ak" /7)o co e 10 3--0 r C 3 311SI - u� 0 b X PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. (/s7 9 ❑ Registered Certified C, ❑ Express Mail 4insured ❑ Return Receipt for Merchandise ❑ COD Z r)afa of l"Infl .,, i /—a7 —ol Addressee's Address (Only if requested and./be is paid) 102595 -97 -6-0179 UNITED STATES POSTAL SERVICE First -Class Mail ' Postage & Fees Paid usPS Permit No. G -10 • Print your name, address, and,.ZIP Code in this box • CITY OF CLEARWATER PlarPLANNING a 10 Clea - 1 2001 cL,� EVELOPMF- SVCS 111 11 111 11 111 If Ida] I Ili if I III if IJ,II I III I1! 1111 IfItIIIII1111111111 lit If lit III LOF ri/r- gr Rk it �= C I`I~' OF CLEARWATER PLANNING DEPARTMENT 01 POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 LANG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DMSION NEIGHBORHOOD SERVICES January 22, 2001 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAX (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the landscape ordinance and landscape plan submitted at the time of development or modification. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: Clearwater Moose Lodge ll� OWNER: Clearwater Lodge #1030 Loyal Order O� 1101 Cleveland Street Z1 Clearwater, FL 33759 -4808 SITE ADDRESS: 1101 Cleveland Street PARCEL I.D. # 15- 29- 15- 56052- 000 -0010 INSPECTION DATE: 01/17/2001 NOTICE OF VIOLATION COMPLIANCE DATE: 02/14/2001 CODES VIOLATED: 3 -1204 (A)(B)(D)(F)(I)(L). REQUIREMENTS: All conditions of the landscape plan submitted and approved on 07/14/2000 must be fulfilled before occupying the building. Replace all missing/declining shrubs and trees. Mulch all required plant material and maintain in a healthy, live, growing condition. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in a fine. a,, SIGNATURE: d. e 6. BRIAN J. AUNGST, MAYOR - COMMISSIONER J. B. JOHNSON, VICE KAYOR- COMMISSIONER BOB CLARK. COMMISSIONER ED I-LART. COMMISSIONER ® ED HOOPER. COMMISSIONER "EQCAI. EMPLOYMFNT AND AFFI%\lATP/E ACTION EMPLOYER" 8. 9. Courtney Campbell Causeway 2• Druid Road 10. East Shore Drive 11- 12. Fort Harrison Avenue 5 • Gulf Boulevard 13. Gulf to Bay Boulevard 14. Gulfview Boulevard 15. Hamden. Drive 16. Mandalay Avenue I Marianne Street 18. McMullen -Booth Road 19- Memorial Causeway 20• Missouri Avenue 21. Pierce Boulevard 22• Poinsetta Street 23. State Road 580 24. U.S. 19 C Secondary corridors. I Bayshore Drive 2• Belleair Road 3 • 4. Countryside Boulevard Curlew Road 5 • Drew Street 6. East Avenue 7• Edgewater Drive 8. Enterprise Road 9. Hampton Road 10. Hercules Avenue 11. Highland Avenue 12. Keene Road 13. Lakeview Road 14. Landmark Drive I5. Myrtle Avenue 16, 17. Northeast Coachman Road Nursery Road 18. Old Coachman Road 19. State Road 590 20. Sunset Point Road Section 3 -1204. Installation and maintenance. A• All required landscaping shall be installed in accordance wi ' including all specified conditions to a articular develo pment approval, and inspected prior th an a to the issuance of a certificate occupancy. In the ev approved landscape plan, ent there are any changes to the Page 3 - 61 approved landscape plan, such changes must be reviewed and approved and noted on the plan prior to notification for the final inspection for a certificate Of Occupancy. B. All landscaped areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. C. Trees which are balled and burlapped must have the burlap removed or folded down at he time of planting, All tWine or rope must be removed. If wire baskets are used, the upper rows must be cut before planting. If stakes or guy wires are used to support a tree, the wire must be covered with protective material where it is in contact with the tree and the stakes or guy wires must be removed after one year. D. All landscaping required by this division must be protected from vehicular and pedestrian traffic by the installation of curbing, wheel stops, or other. protective devices along the perimeter of any landscaping which adjoins vehicular use areas or sidewalks. These protective devices shall have a minimum height of six inches above grade. E. Landscaping shall be installed in a manner which minimizes conflicts between the landscaping and signage and utilities. F. No parking, display of vehicles or outdoor storage or display of merchandise is permitted in or over any required landscaped area, nor are vehicles permitted to overhang any required landscaped area. G. Soil in which required landscaping is to be installed must be generally indigenous to the locale. Soil must be loose, friable and free of limestone and other construction materials, roadbase material, rocks, weeds, grasses, hardpan clay or other debris. pH shall be adjusted where necessary to be compatible with the plant species being installed. Soil shall be slightly swaled to retain surface stormwater. Backfill soil material shall be thoroughly watered in and around plant root balls to prevent any air pockets. The use of amended and enriched soils may be required where necessary to increase the water retention capabilities of soils in order to reduce the amount of watering needed to meet the landscaping's water requirements. H. To minimize traffic hazards, at street or driveway intersections, all landscaping installations must provide unobstructed views in accordance with the sight triangle requirements in Article 3, Division 9. The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds. Page 3 - 62 J. Required shade trees planted shall not be topped, shaped or severely pruned, but must be allowed to grow to maturity and attain their natural form so that crown development is not inhibited. K. All landscaping near public sidewalks must be maintained to all unobstructed passage of pedestrians. p g L. Dead, (IeGhlllllg lilt• ssifl and diseased plant material shall be replaced with health Of similar type in keeping with the landscaping requirements at the time of original material planting and in accordance with the approved landscape plan. M. Landscaping will be inspected periodically by the City, but not less frequently than eve three years to ensure that proper maintenance is provided. ry Section 3 -1205. Tree protection. A. Removal permit Required. No person may remove or cause to be removed any protected as provided tree or aRyn .palm with a 10' clear and strai t,+ +n.ny µn& without first having procured a permit m Article 4, Division 12. B. Criteria for issuance of a removal permit. 1 • No permit shall be granted for the removal of a specimen or historic tree. 2. In determining whether or not a required removal permit shall be granted, the community development coordinator shall consider the following: a. The condition and location of the protected tree p_r Halm with respect to disease, insect attack, danger of falling, stru_ and interference with utility services. Uty to existing or prOnncPd b. Protected trees and palms shall be preserved to the maximum extent Possible and reasonable flexibility in the design of permitted uses shall be granted, within the parameters of the zoning district within which the Property is located, in order to ensure. such preservation. C. Whether protected trees or alms can be successfully relocated on -site in order to accommodate the proposed development. d. If a protected tree or palm must be removed in order to permit an economic use of the property which would otherwise be permitted, the applicant must give the city a reasonable opportunity to relocate the tree to another site in accordance with the provisions of section 3- 1205(C) and replace protected trees on -site in accordance with the provisions of section 3- 1205(D) or pay into the city's tree bank for every protected tree that is removed in accordance with the provisions in section 3- 1205(D). Page 3 - 63 MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF VIOLATION AND REQUEST FOR HEARING NAME OF VIOLATOR: Clearwater Moose Lodge, Property Owner MAILING ADDRESS: 1101 Cleveland Street Clearwater, FL 33759 -4808 VIOLATION ADDRESS: 1101 Cleveland Street Clearwater, Florida, 33759 DATE OF OFFICIAL NOTICE OF VIOLATION: January 22, 2001 LEGAL DESCRIPTION OF PROPERTY: MATTISON SQUARE LOTS 1,2,3 & W 10FT OF LOT 4 LESS ST ALL OF LOTS14, 15, & 16 PARCEL #: 15- 29 -15- 56052 - 000 -0010 DATE OF INSPECTION: January 17, 2001 SECTION(S) OF THE CITY CODE WHICH HAVE BEEN VIOLATED: 3 -1204 (A)(B)(F)(1)(L) " *Installation & Maintenance " A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior to the issuance of a certificate of occupancy. In the event there are any changes to the approved landscape plan, such changes must be reviewed and approved and noted on the plan prior to notification for the final inspection for a certificate of occupancy. B. All landscaped areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. F. No parking, display of vehicles or outdoor storage or display of merchandise is permitted in or over any required landscape area, nor are vehicles permitted to overhang any required landscape area. I. The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds L. Dead, declining, missing and diseased plant material shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. Description Text of Code From Codes and /or Ordinances Specifically, Replace all missing /declining shrubs and trees.Repair irrigation system. Mulch all plant material and maintain in healthy, live, growing condition. A violation exists and a request for hearing is being ade. Scott Kurleman SWORN AND SUBSCRIBED before me on this 16TH day of January 2001 by Scott Kurleman. STATE OF FLORIDA COUNTY OF PINELLAS] VERSONALLY KNOWN TO ME ❑PRODUCED AS IDENTIFICATION ,/ � J_�_ Type Of Ic Qaffication !� r— Notary Public, R(eOFFI KATHLEEN BEDINI (Notary Signature) IVY Cwnm Exp. 10/7/20)02 No. CC 781813 Per3a any Mno" 1105m I.D. Name of Notary (typed, printed, stamped FILED THIS DAY OF , 200 CASE No. Secretary, Municipal Code Enforcement Board (Rev. 12 -6 -00) PNIO -01 CITY OF CLEARWATER ATTN: ENG PARCEL ID 15- 29 -15- 56052 - 000 -0010 PAZIP YRBLT /EFF FLRS TOT SQFT $ /SQFT AVR 1101 CLEVELAND ST 33759 1971 1973 4,980 80.32 1.49 OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQFT CLEARWATER LODGE #1030 LOYAL ORDE 1 25 RESTAURANT /LOUNGE 4,802 1101 CLEVELAND ST LEGAL DESCRIPTION CENSUS PBOOK /PG CLEARWATER FL MATTISON SQUARE 259.02 5 66 33759 -4808 LOTS 1,2,3 & W LOFT OF NBHD LOT SIZE = => RES COUNTY LOT 4 LESS ST ALL OF LOTS 19,530 SQ FT 155 X 126 14 15 AND 16. YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D TX /FT 1999 70,000 198,100 268,100 55.83 1999 6,428.37 Y N 1.29 SALE DATE AMOUNT BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE DT Q JAN. 2000 400,000 10789 2332 Q 3CT. 1997 350,000 9866 270 Q JUN. 1994 300,000 8714 1684 Q KKT YR BLDG LAND TOT VALUE = = = == LAND / PROPERTY USE = = = == HOMESTD LP 99 70,000 198,100 268,100 21 325 RESTAURANT 0 N KORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE NUMBER FIRST NATIONAL BANK 240,000 011400 EQU FIXED N/A SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE J & G FOODS INC Au/27/1996 No/04/1999 ENTER =FWD F1 =DOCS F2 =BLDG F4 =TAX F5 =LGL F7 =DIM F8 =XFEAT F13 =SKTCH F6 =COMP MENU ?N10 RECENT DEED /MTG PRESENT - F1 =VIEW RES $ SEND I also wish to receive the n ... rCamplete items t, and/or 2 for additional services. following services (for an 0 •Complete items 3, 4a, and 4b. extra fee): ■ print your name and address on the reverse of this form so that we can return this �9 card to you m ■Attach this form to the frond of the mailpieoe, or on the 40k:if spa4e does rwt, 1. ❑Addressee's Address UY ■Pe etRetum Recall Requested' on the mailpieca below the etad end the date~ 2• ❑ Restricted Delivery raThe Return Receipt will show to whom do amide was Consult postmaster for fee. delivered. •�i c r4b Article Number 3. Ard Addressed to: S7-� I (/` q `� ?r tom! O erviceType 7'i -.. Certified ¢ / ,., , `(� � . [3 Registered o:: I , C V �� `" Insured c.' :J F 3 3 ��� - . u �' ❑ Rettum Receipt for Merchandise ❑ COD o; 7. Date of Delivery o y 5. Received By: (Print Name) e. Addressee's Address (only U requested and fee is paid) f 6. Signature: ( or nt) '' X 102595_g7_g -0179 Domestic Return Receipt • PS f=orm 3811, December 1994 f LONG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DIVISION NEIGHBORHOOD SERVICES January 22, 2001 0) �M Q " n F C LEARWATER PLANNING DEPARTMENT FEB t-6, zoo �0 F E BOX 47481 CLEARWATERI FI.owDn 33758 -4748 r Es B LDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 rt , N s" &Q ONE (727) 562 -4567 FAX (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the landscape ordinance and landscape plan submitted at the time of development or modification. Questions concerning this report should be directed to Scott Kurleman at 727 - 562 -4746. SITE: Clearwater Moose Lodge OWNER: Clearwater Lodge #1030 Loyal Order 1101 Cleveland Street Clearwater, FL 33759 -4808 SITE ADDRESS:- 1101-Cleveland Street- ° - - PARCEL LD: # .,1,5- 29 -15- 56052- 000 -0010 INSPECTION DATE: 01/17/2001 NOTICE OF VIOLATION COMPLIANCE DATE: 02/14/2001 CODES VIOLATED: 3 -1204 (A)(B)(D)(F)(I)(L). PXQUIREMENTS: All conditions of the landscape plan submitted and approved on 07/14/2000 must be fulfilled before occupying the building. Replace all missing /declining shrubs and trees. Mulch all required plant material and maintain in a healthy, live, growing condition. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas. County. Court.. - Such,action_may result in a fine. SIGNATURE: .:� BRIAN J.. AUNGST, MAYOR- COMMISSIONER J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ® ED HOOPER, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" s. Horace Whallen, Governor Clearwater Moose Lodge #1030 1101 Cleveland Street Clearwater, FL 33755 February 5, 2001 Dear Mr. Whallen: LEE E, MARSH FLORIIA REGISTRATION #328 0 This is in response to your request concerning the feasibility of continuing to install landscape materials at the Clearwater Moose Lodge, 1101 Cleveland Street, in Clearwater. Initially the planting was delayed from the originally planned schedule due to the fact that the nursery supplier I had put you in contact with went out of business. Since your organization was purchasing the plants and doing the installation with volunteers from your Lodge, the plants could not be purchased in volume because there was no plaice to store and care for the plants until they could be installed. As you will recall, I advised the Lodge not to continue with the plantings they were installing when the local area first began to experience the colder and possible plant damaging weather. Some of the plants which had previously been installed were in fact damaged by the frost and cold weather which reached 32 degrees and below. This was due, in addition to the frost and cold, to the fact that the plants which were predominantly one gallon specimens were already experiencing stress from the planting process and had not had an opportunity to establish themselves. Additionally, the location of the existing and proposed plantings, on the North and West sides of the building, do not afford the majority of them the benefit of receiving the warming affect of direct sunshine until mid morning and in some cases until mid day. This results in the cold temperature affecting the plant materials lasting for a much greater period of time. It is my recommendation that no additional plant materials be .installed until mid Match in order to reduce the possibility of additional days of frost or freezing weather affecting the viability of these plant- materials in a highly adverse manner. Past history has shown that frost and even freezing temperatures can occur in this area into the later part of March. In the interim; I would however recommend that additional mulch be applied to the areas already planted in order to help retain moisture during the low humidity drying period of the next few Ri months and also the provide insulation from the cold for the root systems of these plants. Additbj4y t woUld recomamad that the C)d%Wg PIM materM not be NMW within 24 hours prior to any forecast weather which could provide frost or freeze damage. By watering prior to this 24 hour period it allows the surface moisture to evaporate and the moisture in the soil to reach a depth were freezing will not occur. At such time as it is appropriate to again resume the installation of punt materials, I will be glad to assist you in the location of plant materials for purchase and help in the supervision of the iTlStallatlOn. Sincerely yours. Lee E Marsh, RLA MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER, FLORIDA AFFIDAVIT OF VIOLATION AND REQUEST FOR HEARING NAME OF VIOLATOR: Clearwater Moose Lodge, Property Owner MAILING ADDRESS: 1101 Cleveland Street Clearwater, FL 33759 -4808 VIOLATION ADDRESS: 1101 Cleveland Street Clearwater, Florida, 33759 DATE OF OFFICIAL NOTICE OF VIOLATION: January 22, 2001 LEGAL DESCRIPTION OF PROPERTY: MATTISON SQUARE LOTS 1,2,3 & W 1OFT OF LOT 4 LESS ST ALL OF LOTS 14, 15, & 16 PARCEL #: 15- 29 -15- 56052 - 000 -0010 DATE OF INSPECTION: January 17, 2001 SECTION(S) OF THE CITY CODE WHICH HAVE BEEN VIOLATED: 3 -1204 (A)(B)(F)(1)(L) "Installation & Maintenance" A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior to the issuance of a certificate of occupancy. In the event there are any changes to the approved landscape plan, such changes must be reviewed and approved and noted on the plan prior to notification for the final inspection for a certificate of occupancy. B. All landscaped areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. F. No parking, display of vehicles or outdoor storage or display of merchandise is permitted in or over any required landscape area, nor are vehicles permitted to overhang any required landscape area. I. The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds L. Dead, declining, missing and diseased plant material shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. Description Text of Code From Codes and /or Ordinances Specifically, Replace all missing /declining shrubs and trees.Repair irrigation system. Mulch all plant material and maintain in healthy, live, growing condition. A violation exists and a request for hearing is being made. Scott Kurleman SWORN AND SUBSCRIBED before me on this 21 ST day of February, 2001 by Scott Kurleman. STATE OF FLORIDA COUNTY OF PINELLAS] PRODUCED I ERSONALLY KNOWN TO ME "AS • •- Of •- • jd67&P1 Notary Publi (yotary • - , •� = • 3 AYAnnVUiona . •. '•,.• .rs Name of Wota'ry (typed, pti6ted, stamped ADVANTAGE NOTARY FILED THIS DAY OF 200 CASE No. Secretary, Municipal Code Enforcement Board (Rev. 12 -6 -00) NOTICE. OF HEARING MUNICIPAL CODE ENFORECEMENT BOARD CITY OF CLEARWATER, FLORIDA Case No. 15 -01 Certified Mail April 4, 2001 Owner; Clearwater Moose Lodge #1030 1101 Cleveland Street Clearwater, FL 33759 Violation Address: 1101 Cleveland Street Mattison Square, Lots 1 -3, W10' of Lot 4 less st, & all of Lots 14 -16 Dear Sir /Madam: You are hereby formally notified that on Wednesday, April 25, 2001, at 3:00 p.m. there will be a public hearing before the Municipal Code Enforcement Board in the Commission Chambers, 3rd floor, City Hall at 112 South Osceola Avenue, Clearwater, Florida, concerning a violation of Sec. 3 -1204 (A)(13)(F)(1)(L) of the Clearwater City Code of Ordinances. (See attached Affidavit of Violation). You are hereby ordered to appear before the Municipal Code Enforcement Board on that date to answer these charges and to present your side of the case. Failure to appear may result in the Board proceeding in your absence. Should you desire, you have the right to obtain an attorney, at your own expense, to represent you before the Board. You will also have the opportunity to present witnesses as well as question the witnesses against you prior to the Board making a determination. Please be prepared to present evidence at this meeting concerning the amount of time necessary to correct the alleged violation, should you be found to be in violation of the City Code. If the violation described in the attached Affidavit of Violation is corrected prior to the hearing scheduled but recurs prior to the scheduled hearing date, the hearing will still be held as scheduled. Should you be found in violation of the City Code, the Municipal Code Enforcement Board has the power by law to levy fines of up to $250 a day against you and your property for every day that violation continues beyond the date set in an order of the Board for compliance. If you wish to have any witnesses subpoenaed, please contact the Secretary of the Municipal Code Enforcement Board within five (5) days at 727 - 562 -4090. If you have any questions regarding the cited violation, please contact the Inspector whose name appears on the Affidavit of Violation. Sincerely, SECRETARY MUNICIPAL CODE ENFORCEMENT BOARD The Municipal Code Enforcement Board was created pursuant to General Act 80 -300, General Laws of Florida, 1979, and Ordinance No. 2169 of the City of Clearwater. This is a quasi - judicial Board whose purpose is to facilitate the enforcement of certain codes of the City of Clearwater by creating a board of seven citizens who may quickly and fairly render decision concerning violations of these codes. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH AN APPEAL. notice of hearing Loyal Order Of Moose Clearwater Lodge 1030 Horace Whallen Governor Home (727) 734 -9250 Lodge (727) 446 -9411 Fax (727) 443 -4334 1101 Cleveland St. Clearwater, FL 33755 IMF" wt, -1 a WEE 04 rrel 0-M 0 0 11 Purple Lantana 0 M 0011 KILYM 01 W urple Lantana ��Ol Cl F, DUMPSTE� 'Gold Mound' Lantana Cape Honeysuckle Tecomaria capensis 7 Wedelia Wedelia trilobata 7 OWA iWens IRelocaLed Papaya GroveV Existing �i:st i �ng E x i s t i n a Citrus 1 1 1 lExisting Pole Light Pole Quant Size 57 3 Gallon 40 1 Gallon 221 1 Gallon 14 1 Gallon 20 13 Gallon ��Ol Cl F, DUMPSTE� 'Gold Mound' Lantana Cape Honeysuckle Tecomaria capensis 7 Wedelia Wedelia trilobata 7 OWA iWens IRelocaLed Papaya GroveV Existing �i:st i �ng E x i s t i n a Citrus 1 1 1 c. L4 Ztj 6"11 LOJAM I tf] 'Nil Existing )Vashington Existing Cabbage Palm ff DATE <T=== I . 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Existing Ligusfrom Hedc:e] Yjiburnum Hedge . . . . . . + + + + + + I'Gold Mound' Lc + + + > + U) R lelocated C abboqe Pal-n > foe Daze Ligustrum ++ ++ Existing Varigated Sinensis + + ++ - Co er Leaf A RWATE R MOOSE LCDGE 1030 ANY CHANGES IN SPEUES, SPECYFICATIONS, OR DESIGN WITHOUT THE CONSENT OF, THE DIREMIZ Light Pole Existing Flag Pale Of EMMONMENTAL 214ANAGEP&ENT RENDEBS FLMN . . . . . . IUIPROV . Relocated oyster Plant . . . . . . Copper Leaf ] Relocated Roebelenii Palm �____ ..... HERM, --TE7istinq Variqated Sinensis Liqustrurn P0 TV— 'Pointed Lady' Hibiscus Blue i:z:e:] Relocated Cabbage Palm Ld Rel cated Cabbage Palm > ISED CURBS or PROTF?,CMTT TIC r M!"QUIRED ound' Lantana - Red Fountain rass lyllere hllf�j�ior 1,1j d" a C"re7Gold Viburnum Hedge . . . . . . =burnum Hedge Existing Cabbage Palm Red Fountain Grass Existind 2 +++ + + Vib-,h Hedge xisting Cabbage Palms ++ ++ . . . . . +++++++ +*+++++ lExi 3ting Cabb(ge Palms . . . . . . ed Springerii Fern U++4 + *f SLA Exi tin 18" Oak ape Honeysuckle +++++++ . .. . . . . . . . . • . . . . . . . . . Ila + + + ++++4 Existing igul3trum led e N.. . . . . . . . + +a . . . . . . . . 'Jane Cowl' Hiblis"Us u p Daze 'Jane Kain 'Nano' Ho Cowl' Hibi S_C_U_S� . . . Blue DIaz; 1 Lij ........... . +++++ ............. + + + + + ++++++++++++++++++++ + + +++++++++ ...................... ... ....... + ++++++++++++++++++++++++++++++ + + + + + + + + + + +++++++++++++++ ++++++++++4V + + .. ............................... ...... + +,+ + :+:+:: r • A_ .. 4++++++++++++++++++++++++++++. +, 4. +, + +/ + + + +, + 4 ......................... + + + + . . . . . . . . . .. . . . . . ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ­ .................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................... . . . . . . Relocated . Qyster. PIoTtj_ ......... ........ EXISTIN -.PjU-BL1C-.-S1.DEWALK G ...................... ............ ................................................... ....... 7 .................... .......... N-1 c. L4 Ztj 6"11 LOJAM I tf] 'Nil Existing )Vashington Existing Cabbage Palm ff DATE <T=== I . Existing 60" Oak PPROVED AS <1=:= LANDSCAPE AND PARKING PLAN SCALE.-1 "= S' 1FD .e PAGE 1 0I= - t_, 0