06/03/1981
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MUNICIPAL CODE ENFORCEMENT BOARD
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June 3, 1981
Members present:
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Lee
John
Regulski, Chairman
Ehrig, Vice-Chairman
John F. Gerlach
Don Winner
Raymond Custer
Absent
Paul Carnahan
Also present:
Thomas A. Bustin, City Attorney
Frances Sunderland, Board Secretary
Sue Lamkin, Assistant City Clerk
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The meeting was called
in the Commission Meeting
procedures and advised
or order of the
in the Circuit Court
be filed within
to be
any
verbatim
to order by the
Room in City Hall He
any aggrieved party may appeal
Municipal Code Enforcement Board by
of Pinellas County. Any such appeal
thirty (30) days of the execution of the
appealed. He noted that Florida Statute 286.0105 requires
applicant appealing a decision of this Board must have a
record of the proceedings to support such an appeal.
Chairman at 2:00 p.m.
outlined the
a ruling
certiorari
to
order
CASE
NO.
4-81
Leroy F.
Fire Code
Mitchell (Mai
Violations
Tai
Motor
Inn)
Entered as evidence by John Chester, Fire Prevention Inspector:
Exhibit #1, Synopsis of events; 1)
dated 11/12/80; 2) Dept. of
of Hotels and Restaurants, Warning
the Fire Marshal dated 12/3/80; 4)
Power dated 12/3/80; 5) letter to Frank
12/12/80; 6) Letter to USS Mai Tai Motor
7) List of Fire Code Violations dated
Fire Code Violation Notice
Business Regulations, Division
Notice; 3) Notice fro~
letter to Florida
Kowalski dated
Inn dated 1/8/81
5/6/81.
James Helinger. attorney for
synopsis of events and attachments
Mr. Helinger stated for the record
has an inherent conflict of interest.
Chapter 166.057 Florida Statutes
Leroy
2, 4
that he
The
states he,
Mitchell, objected to the
and 5 of Exhibit #1.
feels the City Attorney
City Attorney advised
as City Attorney, can
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either present cases to the Board or advise the Roard, and the
Board is not bound by formal rules of evidence. The object is
to give each side a full chance to present their case. He
recommended Exhibit #1 be accepted for limited purposes.
The Inspector reviewed the violations listed on attach-
ment 7, stating the priority items were included in every
list given to the owner.
Mr. Helinger conducted extensive cross examination of
Inspector Chester relating to a policy statement and the
exercise of discretion in enforcement of the Life Safety Code,
particularly as it applies to new and existing buildings.
Mr. Helinger stated he feels his client has been singled out
and has had requirements imposed upon him which have not been
imposed upon others.
Entered as evidence by Fire Marshal George Buhmeyer:
Exhibit #2, 31 photographs taken at the Mai Tai Motor
Inn on 11/20/80 and 12/2/80.
()
These slides were viewed by the Board with explanations
being made by the Fire Marshal. He stated the guidelines
under which he operates on a discretionary basis for existing
buildings are set forth in the National Fire Code, 1976 edition;
the Life Safety Code; and the AlA, 1970 editio~ all of which
have been adopted by the City Commission.
Entered as evidence by Mr. Helinger:
Exhibit #1, Policy statement for the administration of
fire prevention and life safety inspections.
Exhibit #2, Letter dated 4/30/80 to Harry Coukos, former
owner of the building at 100 Coronado Dr. signed by
Fire Inspector James Goodloe.
Exhibit #3, Proposal dated 6/2/81 signed by Michael
E. Hubbard.
Fire Inspector Nick Lewis stated the inspection by the
Division of Hotels and Restaurants had been made at his request
(attachment 2). Mr. Helinger objected to any testimony by
Inspector Lewis concerning Inspector Garcia's findings. The
City Attorney advised Inspector Lewis to limit his testimony
to his own activities.
Mr. Helinger reviewed attachment 7 with Dr. Mitchell,
asking him to indicate which alleged violations had been
corrected. Dr. Mitchell stated materials to complete certain
additional items are on order and have been paid for.
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In summation Fire Marshal Buhmeyer reviewed the chain of
events and the delays which have been experienced in trying to
obtain compliance. He stated he knew of only one building permit
which had been pulled and that was for three specific items. He
reiterated an automatic fire alarm system is not being required;
however, when a plan is submitted to his Department for approval
he will ask that smoke detectors be included.
In summation, Mr. Helinger stated he felt his client has
been dealt with unfairly and requested the Board to review the
evidence presented carefully. Referring to defense Exhibit #2
and the Notices of Violation included in City's Exhibit #1,
he contends his client has been charged with different violations
at different times. He stated it is still unclear as to the
type of fire alarm system being requested. It is impossible
for his client to go to any book or ordinance to determine
exactly what is being required of him. He contends there has
been no evidence presented of existing violations other than
those his client has contested.
FINDINGS OF FACT:
1. That a fire alarm system has not been installed at
the Mai Tal.
2. That interior stairwells at the Mai Tai have not
been enclosed.
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3.
That interior decorative wood and trim on the fourth
floor has not been flameproofed.
4. That the carpeting on the stair areas has not been
demonstrated to have a Class A rating.
S. That the two jalousie doors at the end of the corridors
on the second floor have not been replaced with rated
doors.
6. That the jalousie doors and windows in corridor from
main lobby to pool area on the first floor have not
been replaced.
7. That the entire fourth floor will be closed off and a
portion of the third floor in the convention room
area will be closed off.
8. That Dr. Mitchell has signed a contract effective
June 2, 1981 to complete the items listed on the
exhibit dated May 6, 1981 such items being those
listed below the priority items and that such items
are to be completed by June 30, 1981.
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Mr. Custer moved based on these findings of fact that
Dr. Mitchell is in violation of the Code on the items listed
3 .
6/3/81
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on the May 6, 1981 list with certain exceptions and an order
will be issued that the work be completed by June 30, 1981 and
if not completed, as shown by an inspection made by the Fire
Marshal's office, that a fine be imposed of $100.00 per day
starting July 1, 1981 until such date as the corrections are
completed. The motion was duly seconded and upon the vote
being taken Messrs. Winner, Ehrig, Custer and Regu1ski voted
"Aye'l; Mr. Gerl ach voted "Nay".
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Mr. Winner moved that on the basis of the fac~presented
we find Dr. Mitchell is in violation of the Fire Code of the
City of Clearwater with respect to the first six items listed
under "Findings of Facts" and that due to the lack of clarity
with respect to these six items he be given until August 1, 1981
to either comu1y or to prove inability to comply because of an
inRbilitv to obtain materials t.o complete renairs or pay a fine
of $100.00 per day until compliance is demonstrated. The motion
was duly seconded. Upon the vote being taken Messrs. Winner,
Gerlach and Custer voted "Aye"; Messrs. Ehrig and Regulski
voted "Nay".
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CASE NO. 5-81 - Affordable Furniture, Sign Ordinance Violation
Entered as evidence by Stuart lVilliams, City Si~n Inspector:
Exhibit #1. 2 photographs, one showing the sign on the
truck, the other showing an outdated license tag which
a police check had revealed had been issued to a Dodge
truck not an International truck.
Exhibit #2, A printout from Police Dept. re:
license tag.
The inspector stated Affordable Furniture was notified on
10/24/80, 1/14/81 and 1/22/81 that the sign on the truck was
in violation of the ordinance. On 1/26/81 he spoke with Mike
Manista who stated he would take care of the sign. He was
contacted again on April 7, 1981 and stated he would not move
the truck. The inspector issued a Notice of Violation on
April 9, 1981 and took the pictures submitted as Exhibit #1.
He further stated the truck carries no Florida inspection
sticker.
Mike Manista, President of Affordable Furniture, stated
lack of business prohibits his having the truck repaired or
titled. He does not wish to nark it behind the store because
of vagrants.
FINDINGS OF FACT:
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Respondent's truck is parked on private property and is
being utilized as a sign which is in violation of Code Sec.
143 . 31 C a) C 4) ( form e r 1 y Sec. 1 8 - 8 (A) ( 4 ) .
6/3/81
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Mr. Winner moved that on the basis of facts presented
Affordable Furniture is in violation of the Sign Ordinance
and is given 60 days to make the truck legally operative,
and in actuality become operative, or cover the sign. Failure
to do so will result in a fine of $50.00 per day until the
violation is corrected. The motion was duly seconded and
carried unanimously.
CASE NO. 7-81 - Mrs. Hoke Russell, Standard Housing
Code Violation
Entered as evidence by Elton Reichardt, Building Inspector:
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Exhibit #1, Housing Inspector's Report dated 9/8/80.
Exhibit #2, Housing Inspector's letter dated 9/8/80
advising violations must be corrected within 120 days.
Exhibit #3, 17 photographs taken on different dates
showing the condition of the property.
The inspector stated these violations are of long standing.
The Building Department has attempted to work with Mrs. Russell
in an effort to have the house brought up to code, but the
condition of the building continues to deteriorate in spite
of these efforts. The garage has been destroyed by fire, and
the house is accessible to intruders. Mrs. Russell applied
for a building permit on 6/2/81, but owner-building permits
cannot be issued unless the owner is living in the house.
It would be necessary to have a contractor pull the permit
for her.
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Mrs. Hoke Russell stated she had secured the property,
but vandals had broken windows and could reach in and unlock
the doors. She does intend to tear down the garage and would
like to do the repair work herself to reduce costs. She has
some repair materials on hand.
FINDINGS OF FACT:
Mrs. Russell is found to be in violation of Code Sections
cited on Affidavit of Violation and Request for Hearing,
Notification of Violation as documented in the pictures and
housing report entered as Exhibits.
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Mr. Ehrig moven that the garage shall be demolished and
the house secured within 30 days. The house shall remain
secured at all times until all necessary improvements are
completed. Improvements to comply with the Standard Housing
Code shall be commenced, or the house demolished, within 30
days. All improvements shall be completed no later than
6 months after the initial 3D-day period. The City Building
Department shall monitor the structure for 30 days. If no
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improvement is made, or if not demolished ln this period, a
fine of $10.00 per day shall be imposed for each day the
structure remains in violation. If improvements are not
completed in the 6 month period the fine will be reimposed
until improvements are completed.
Motion was duly seconded and carried unanimously.
MHP)
for
UNFINISHED BUSINESS Case
The Notice of Violation
correction of Code Sections
to
come
#6-81 George
was returned
and has not
Osterman (Shadow1awn
the Building Dept.
back yet.
MINUTES
May 6, 1981
The Chairman presented the
, for consideration. Mr. Custer
approved as submitted The motion was
unanimously.
minutes of the meeting
moved the minutes
duly seconded and
of
be
carried
Code
NEW BUSINESS It was
or Codes be furnished
the
suggested applicable
each member in their
sections
packets.
of
Case #2-81 Hillcrest
that this case be placed on
for purposes of assessing a
and that Mr. Friefeld be so notified.
seconded and carried unanimously.
Villas (Friefeld). Mr.
the docket for July IS
fine in the event of
The motion
Winner moved
at 3:00 p.m.
noncompliance
was duly
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Meeting adjourned at 9 55 p.m.
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Un.
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Clerk
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6/3/81
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