10/07/1981
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MUNICIPAL CODE ENFORCEMENT BOARD
October 7, 1981
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Members present:
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Lee Regulski, Chairman
John Ehrig, Vice-Chairman
Paul Carnahan
John F. Gerlach
Don Winner
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Member absent:
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Raymond Custer
Also present:
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Thomas A. Bustin, City Attorney
Frances Sunderland, Board Secretary
Sue Lamkin, Assistant City Clerk
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The meeting was called to order by the Chairman at 3:00 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and
advised any aggrieved party may appeal a ruling or order of the Municipal
Code Enforcement Board by certiorari in 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 verbatim record of the proceedings to support such an appeal.
CJSB 1i0. 18-81
J-M.A.T. (Apache Apartments, 1731 Apache Trail,
Clearwater) Fire Code
Submitted as evidence by Fire Inspector Nicholas Lewis:
City's Composite Exhibit #1
Eight photos of the Apache Apts.
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Inspector Lewis reported he made a routine fire inspection on 7/13/81,
at which time the owner was not present. Later the same day he spoke with
Mr. Tessier by phone and explained the violations. Mr. Tessier indicated
he understood the nature of the violations and that he would comply. The
pl~operty was reinspected on 8/25/81 and no corrective action had been
taken. Later that day Inspector Kingsley photographed the premises. The
inspector reviewed the photographs for the Board, explaining what each
depicted.
David Steen, atto~ney representing Joseph Tessier, reported his client
intends to make the corrections necessary to bring the building up to code.
They are currently in bankruptcy court in Tampa, under Chapter 11, and
expect to have those proceedings completed wi thin 120 days. In the
meantime, Mr. Tessier would replace any fire extinguishers determined to
be inadequate and he has obtained some bids for installation of a manual
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audible smoke alarm system. He would need the entire 120 days to complete
the corrections. Mr. steen explained to the Board the constraints under
which they must operate under Chapter 11 but he feels conclusion of those
hearings and the needed changes to the building can be closed out
simultaneously.
The Board recessed from 3:30 to 3:35 p.m.
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Mr. Winner moved the Findings or Pact are: both parties agree that
the following four sections of NFPA Code are being violated at the Apache
Apartments, 1731 Apache Trail, Clearwater, Fl.: Sec. 101, 11-3.3.3.2; 101,
11-2.3. 1.1; 101, 11-3.3.3.1 i and Sec. 10, Chapters 4 and 5. The
Conclwsf.ona or Law are: J-M. A. T. is in violation of the fire codes of
the City of Clearwater and their property at 1731 Apache Trail, Clearwater,
Fl. is a threat to property and human life. The Order is: J-M.A.T.
shall comply with Sec. NFPA 101, 11-3.3.3.1 (approved smoke detectors) and
NFPA 10, Chapters q and 5 (fire extinguishers) by November 7, 1981; comply
with NFPA 101,11-3.3.3.2 and 101, 11-2.3.1.1 (manual fire alarm system and
enclosed stairways) by February 7, 1982. If J-M. A. T. does not comply
within the time specified in either instance they shall pay a fine of
$50.00 per day for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
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UJIP'IlIISHED BUSDESS
C.ISE HO. 6-81
George Osterman (Shadow Lawn Mobile Home Park,
11 Bayview Ave, Clearwater) Mobile Home Park
Standards
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Roy Ayres, Building Director, reported this portion of the mobile home
park was annexed into the City on 10/16/80. Further investigation has
revealed that Lots 401, 406 and ItOa had received permits from the County
prior to that date, and Lot It01 had been rented to Mr. Adams in August of
1980 and he actually occupied the premises. Lots 406 and 408 were not
occupied until after the annexation date. Based on this information and an
opinion supplied by the City Attorney, the agreement was reached with the
owner to allow Lot 401 to remain occupied and Lots 406 and 408 would be
vacated. This has been accomplished.
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Discussion ensued concerning the reasons the
acceptaMle of the Affidavit at the previous meeting.
stated it would appear another form needs to be
dismissals, since there probably will be other cases
required.
Board had denied
The City Attorney
created to handle
where that will be
Mr. Ehrig moved to accept the Affidavit of Compliance. The motion was
duly seoonded and carried unanimously.
CASE RO. 11-81
Clearwater Seville Ltd. (2640 Seville Blvd.,
Clearwater) Standard Building Code
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Standard
repairs.
Board did
Chaplinsky, Minimum Housing Inspector, reported Sec. 103.4 of the
Building Code sets a 45 day time limit within which to complete
That time would be up October 19. Since the Order issued by the
not set an upper time limit he needs clarifioation. A licensed
2.
10/7/81
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contractor pUlled a permit for the repairs, as required, but the Building
Dept. has no control over who actually does the work. The quality of the
work performed is acceptable, but the rate of progress is poor. The
courtyard has been roped off and the walkways into the courtyard
barricaded. William Albrecht also wrote a letter to the Board Chairman
requesting clarification. It is the consensus of the Board that their
intent was not to limit the time frame to 45 days. Upon advice of the City
Attorney, Mr. Ehrig moved to set a hearing on November 4, 1981, to
clarify the Order. The motion was duly seconded and upon the vote being
taken Messrs. Ehrig, Gerlach, Winner and Regulski voted "Aye." Mr.
Carnahan abstained reporting a potential conflict of interest which is
attached hereto for the record.
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CASE !to. 13-81
Clarke's Clearwater Coachworks (1239 S. Lincoln
Ave., Clearwater) Fire Code
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28,
was
Mr. Ehrig moved to accept the Affidavit of Compliance dated September
1981, submitted by Fire Inspector Christopher A. Kingsley. The motion
duly seconded and carried unanimously.
CASE RO. 14-81
Abe Cohen et al (Whitehouse Apts., 709 N. Ft.
Harrison, Clearwater) Fire Code
Mr. Winner moved to accept
Secs. 11-3.3.3.2 and 11-3.2.11.1.
unanimously.
partial Affidavit of Compliance covering
The motion was duly seconded and carried
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CASE HO. 11-81
Church of SCientology (511 S. Highland Ave.,
Clearwater) Zoning Code
Roy Ayres, Building Director, stated it had been his understanding in
talking with John Conroy that there would be group meetings at this
location. The activity which would be permitted under their interpretation
of the code would be a consulting type service. The staff attorney was
unable to find a definition of that term in the Code. The dictionary
provided several different meanings, but all referred to providing a
service on a one-on-one basis. The Church representatives proposed to
limit the total number of occupants at one time to 12 and services provided
would be on a one-to-one basis. A parking lot layout has been submitted
and meets code requirements.
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Further discussion ensued concerning dismissals and complaints from
respondents charging selective enforcement by the City. The City Attorney
responded he felt this was to be expected as the enforcement procedures are
tightened, but as long as the rules are applied across the board these
complaints should be of no concern.
Mr. Winner moved to accept the Affidavit of Compliance submitted by
the Building Director. The motion was duly seconded and upon the vote
being taken Messrs. Ehrig, Gerlach, Winner and Regulski voted "Aye;" Mr.
Carnahan voted "Nay." Motion carried.
Presentation of PUed Ut1dav1ta of Violationa
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10/7 /81
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CASE RO. 19-81
William P. Mahoney (417 Washington Ave.,
Clearwater) Standard Housing Code
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Elton Reichardt,
violation and reported
time to get other violations
violations at this time.
BUilding Inspector, explained
he had been working with the
corrected. These
the
Owner over a
are the only
nature of the
period of
remaining
Mr. Ehrig moved to set a hearing on November 4, 1981.
dUly seconded and carried utlanimously.
The motion was
The City Attorney reported the City Manager
the Board at this time. The consensus
been resolved and they feel a meeting
Manager is aware of their concerns.
of
is
is available to meet with
the Board is the problems
unnecessary now that the
have
City
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September 1 6 ,
approved as
unanimously.
The
1981, for
submitted.
Chairman presented
consideration.
The motion
the
Mr.
was
minutes of the
Winner moved
duly seconded
meeting of
the minutes be
and carried
Meeting adjourned at 4:58 p.m.
Cha~
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City Clerk
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FORM 4
MEMORANDUM OF VOTING CONFLICT
DATE ON WHICH VOTE OCCURRED:
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Name:
c5', Telephone: 113"S31-7~
(MIDDLE) r (A/C) (NUMBER)
~t.E~.RIlJAr~ r-L ~3~/~ P/>>5LL.19-S
(CITY) (ZIP CODE) (COUNTY)
(JAR.Nlllllf)J PIfIlL
(LAST) (FIRST)
2-lfJ/ ClIIK 6I&JYE DR,
(STREET)
Address:
PART B
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Name of Agency:
(!. rry
) State of Florida; 1)<)
LJF t!.L6'l1tetd..f(€K
/l1EM6GIC..
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4:J~ €AJ~R.c€#~T 8::J&~l)
Agency is a unit of [check one) :
County, City or other Political Subdivision
PositIon held in Agency:
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MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes g 112.3143 (1975))
If you have voted in your official capacity upon any measure in which you had a personal. private, or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained. please disclose the nature of your interest
below.
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Description of the matter ,J.qlOA v~i8R 'ley "n. j ,
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l-ltJLP J:JEf}RJAJ~ Re6 IJ-e DING}
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2. Description of the personal, private, or professional interest you have in the above matter which inures to your special priv~te gain or
the special private gain of any principal by whom you are retained:
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LlTu R/ c ChI< NIJ-I-tff;J) N/J-S
PA-~7-II/VJe EMPL<JYE€ bF t!.L~4/CW.4-r~
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3. Person or principal to whom the special gain described above will inure: !lid AJ e-
a. (
Yourself b. ( ) Principal by whom you are retained:
(NAMEJ
FART 0
F1LING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
re;ponsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be
f,_ merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
01 mterest arises; if you vote. however. the conflict must be disclosed pu~uant to the requirements described above.
PART E
fl~N1E~~
14 6'~~~~/lf/
DATE SIGNED
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (19751. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNOS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE .FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO ExceeD 55.000.
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