01/20/1982
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MUNICIPAL CODE ENFORCEMENT BOARD
January 20, 1982
Members present:
John Ehrig, Chairman
Lee Regulski, Vice-Chairman
John F. Gerlach
Don Winner
Raymond Custer
t....u~...."..."
Members absent:
Paul Carnahan
Also present:
Thomas A. Bustin, City Attorney
Frances Sunderland, Board Secretary
Sue Lamkin, Assistant City Clerk
CD
The meeting was called to order by the Chairman at 2:00 p.m. in
Commission Meeting Room in City Hall. He outlined the procedures
advised any aggrieved party may appeal a ruling or order of the
Municipal Code Enforcement Board by certiorari in the Circuit Court of
Any such appeal must be filed wi thin thirty (30)
execution of the order to be appealed. He noted that
Statute 286.0105 requires any party appealing a decision of
Board to have a verbatim record of the proceedings to support
an appeal.
the
and
Pine 11 as
days of
Florida
this
such
County.
the
CISE RO. 23-81
David
Alley,
J. Gangelhoff (approx. 510 Jones
Clearwater) Standard BUilding Code
The Chairman noted an Affidavit of Compliance is being submitted
for acceptance today.
CISE BO. 211-81
Donald
Inc., 2795 S.R.
Spaduzzi (Koun tryside Kitchen,
580, Clearwater) Fire Code
Fire
observed.
through
Inspector
on
D,
the violations which were
Exhibit #1, slides A
an improper hood and
inspection tag the last
reported
a state-
is
on
inspection
systems of
certified
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1/20/82
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Hrs. Donald Spaduzzi submitted Defense Exhibit #1, the inspection
tag dated December 1978 and stated there has evidently been no
inspection since then even though the property has changed hands
several times. Financial difficulties preclude their installing a
proper system at this time, but they anticipate increasing their
revenues by remaining open longer hours. They have three small hand
extinguishers in the cooking area for emergencies. She stated she did
not wish to view the slides as she was present when they were taken
and is aware of their content. Defense Exhibit fi1 was admitted as
evidence.
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Mr. Regulski moved that the Findings or Paot are that the Fire
Inspector has presented evidence and testimony indicating that there
exists a cooking system exhaust system in which the fire extinguishing
system is non-functioning. Coaelualons or Law are there is a
violation of NFPA Pamphlet 96 1980 Edition, Sec. 1-3(d) pertaining to
the fire extinguishing system, Sec. 7-1 pertaining to the installation
of a fire extinguishing system and Sec. 8-2 pertaining to the periodic
inspection and operation of the exhaust system. The Order is that
Kountryside Kitchen, Inc., is hereby declared to be in violation of
these sections of the Code of the City of Clearwater and that
corrective actions be taken to construct a fire extinguishing system
and properly inspected fire extinguishing system an~ exhaust system by
2/15/82 and in the event that, upon inspection, chis has not been
complied with a fine of $10.00 per day be instituted until compliance
is conrormed with. An alternate to the installation of this fire
extinguishing equipment would be the cessation of cooking that would
require the system, which can be accomplished by an inspection of the
Fire Department upon the decision not to continue cooking in this
mannep. The motion was duly seconded.
Considerable discussion ensued concerning the wording of the
motion and Mr. Winner moved to 8IIeDd the ConolwsloDS or Law to
reflect that the owner is in violation of Sec. 1-3 and to amend the
Order to specify they obtain certification of the exhaust and
extinguishing system by a certified fire equipment company within 60
days or pay a fine of $10.00 per day as long as the violation
continues to exist.
Mr. Regulski declined to accept the amendments and upon the vote
being taken Mr. Regulski voted "Aye;" Messrs. Gerlach, Winner, Custer
and Ehrig voted "Nay." Motion failed.
Mr. Winner moved the F1ncI1Dgs or Faot are Kountryside K1 tchen,
Inc., does not have an acceptable hood and extinguisher system in
conjunction with their cooking services as required in NFPA Pamphlet
96, as demonstrated by evidence presented by the Fire Inspector.
CaDalusioaa or Law are Kountryside Kitchen, Inc., is in violation of
NFPA Pamphlet 96 1980 Edition, Sec. 1-3, Sec. 7-1 and Sec. 8-2. The
Order is Kountryside Kitchen, Inc., shall comply with Sees. 1-3, 7-
1, and 8-2 of NFPA PamphLet 96 1980 Edition of the Code of the City of
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1/20/82
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Clearwater by obtaining certification of the exhaust and extinguisher
system by a certified fire equipment company within 60 days of today's
hearing and, if Kountryside Kitchen, Inc., does not comply within the
time specified, they shall pay a ~ine o~ $10.00 per day fo' each day
the violation continues to exist. The motion was duly seconded.
Discussion ensued concerning the time allowed ~or compliance and
the wording of the Order, and Mr. Winner moved to aJII8Dd his motion
after the word "within" to read: 90 days o~ today's hearing i~ the
violator desires to continue to uselrhe cooking area in such a manner
as would require a hood exhaust and extinguisher system. The motion
to amend was accepted by the seconder. Upon the vote being taken on
the aMDded motion, Messrs. Gerlach, Winner, Custer and Ehrig voted
"Aye;" Mr. Regulski voted "Nay." Motion carried.
CASE RO. 25-81
Mike Hascher (Circus World, 2601 U.S. 19N,
Store #737, Countryside Mall, Clearwater)
Fire Code
Inspector Kingsley reviewed the violations observed during an
inspection conducted 11/4/81 and reported this has been a recurring
problem since 1977. He reviewed Composite Exhibit il1, slides A
through J, which were taken January 13, 1982. Composite Exhibit B1
was admitted as evidence.
Mike Hascher, manager of Circus World, made no appearance nor did
any representative of Circus World.
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The Board recessed from 3:33 to 3:43 p.m.
Mr. Gerlach moved the P1ndlDgs or' Fact are the Board accepts
testimony of Mr. Kingsley (Fire Inspector) and Composite Exhibit 11,
slides A thru J. CaGcluaJ.OIU!I or Law are the Board finds Mr. Mike
Hascher of Circus World in violation of Secs. NFPA 101, 12-2.10, 1976
Edition and NFPA 13, Sec. 4-2, paragraph 5, 1976 Edition, as described
in NFPA 101, 5-9, 1976 Edition. The Order is Mr. Mike Hascl1er of
Circus World shall comply with said sections of the Code of the City
of Clearwater by February 20, 1982 and if Mr. Mike Hascher of Circus
World does not comply within the time speCified he shall pay a fine of
$10.00 per day for each day the violation continues to exist. The
motion was duly seconded.
Discussion ensued concerning the proper parties to be cited and
the amount of the fine in the event of non-compliance, in view of the
~act that this has been an ongoing violation.
Mr. Gerlach moved to Bend the Order to state Mr. Mike
Hascher and Circus World shall comply, and to change the amount of
the fine~om $10.00 to $100.00 per day. The motion to aaeDd was
accepted by the seconder, and the a.eDded motion carried
unanimously.
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1/20/82
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CASE lWJ. 10-81
John Tylawsky (935 Lakeview Rd., Clearwater)
Standard Building Code
Mr. Regulski moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CASE 11). 19-81
William P. Mahoney (417 Washington Ave.,
Clearwater) Standard Housing Code
Mr. Regulski moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CASE RO. 23-81
David
Alley,
J.
Clearwater)
Gangelhoff (approx. 510 Jones
Standard Building Code
Mr. Gerlach moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CJSB lWJ. 22-81
James R. Gray (470 N. Gulfview Blvd.,
Clearwater) Standard Building Code
James Gray, by
requested a change in
meeting of December 16,
letter
the
1981 .
dated 1/17/81 to
minutes of the
the
Code
former Chairman,
Enforcement Board
CD
Board agreed
exist, a new
the
The
does
By
wri te a
of the Board, the City
Mr. Gray stating the minutes
1981 meeting reflect that the case was dismissed
approved as submitted.
consensus
letter to
Attorney was
of the
and the
requested to
December 16,
minutes were
PRESBft&r.I~ OF PILED APFIDAYn'S OF VIOLATIOII
CASE RO. 1-82
Rental Properties Inv., Inc. (various
locations) Standard Housing Code
Mr. Gerlach moved to set hearing for 2/17/82.
duly seconded.
The motion was
Discussion ensued concerning the number of properties being cited
and the lack of clarity concerning ownership thereof. Upon the vote
being taken the motion failed unanimously.
Mr. Custer moved that
Department for clarification
Case Ro. 1-82 be returned to the Building
of ownership of properties and citing
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1/20/82