03/17/1982
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MU~ICIPAL COD~ ENFORC~MENT BOARD
March 17, 1982
Members present:
John Ehrig, Chairman
Lee Regulski, Vice-Chairman
Paul Carnahan
John F. Gerlach
Raymond Custer (arrived 2:28 p.m.)
Members absent:
Don Winner
Also present:
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 2:00 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 ~nforcement 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.
POBLIC IIIDIIGS
CASI 10. 5-82
Rental Properties & Inv., Inc. (1011
Vine Ave., Clearwater) Standard Housing
Code
Housing Inspector Tom Chaplinsky reported the owner of record is
Rental Properties & Inv., Inc. His contact with the owner has been
through Robert Hughes, who had cooperated in the past, but stated
today he had no intention of completing the repairs as he is holding a
contract for sale of the property. Neither the owner nor his
representative appeared.
The Inspector reviewed City's Exhibit 11, Notice of Violation;
City's Exhibit '2, Inspector's Report; and City's Composite ~xhlbit
13A, photograph taken 2/10/82, and 13B, photograph taken 3/17/82 which
showed that no improvements had been made to the exterior of the
building. The sections cited in Exhibit il2 relate to the Southern
Standard Rousing Code, 1969 edltion, adopted by the City of Clearwater
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under Chapter 138 of the Code of Ordinances, as amended by Ordinance
2452-81. He noted the Inspector's report dates back to 1980 and the
condition of the property has continued to deteriorate.
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Exhibits 11, 12, and 13 were admitted as evidence. A copy of a
pending sales contract was accepted but not admitted as evidence.
Mr. Regulski moved that regarding Case .0. 5-82 re: violation
of Chapter 138 Standard Housing Code as amended by Ordinance 2452-81
of the Clearwater City Code on property with a legal description as
follows: East 50 ft. of Lots 1, 2, 3, 4, and 5, Block D, Jurgens
Subdivision, located at 1011 Vine Street, the Municipal Code
Enforcement Board hilS heard testimony at the Municipal Code
Enforcement Board hearing held this 17th day of March, 1982, and based
on the evidence, the Municipal CodE'! Enforcement Board enters the
following PiDdiDSa ot Fact, CcDcluJ.OIUI ot Law, aDd Order.
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The P1ndinga or "act are: Based upon the testimony of the
BUilding Inspector and photographs presented, the exterior front door
does not have proper egress hardware, there is a broken glass in one
of the windows on the 1013 side of the duplex, and there is not an
operable heating system to provide heat in accordance with the minimum
housing code. The CoDcluaiaaa ot' Law are: The owners of the
property, Rental Properties & Inv., Inc., are guilty of violating the
above cited City Ordinances. It is the Order of this Board that:
Rental Properties & lnv., Inc., shall comply with the Sections
pertaining to these violations of the Code of the City of Clearwater
within 30 days. If Rental Properties & Inv., Inc. does not comply
within the time specified, they shall pay a fine of $10.00 per day for
each day the violation continues to exist. If Rental Properties &
Inv., Inc., does not comply, a certified copy of this Order, together
with an Affidavit of non-Compliance, shall be recorded in the public
records of' the Office of the Clerk of the Circuit Court in and f'or
Pinellas County, and once recorded shall constitute a lien against the
property upon which the violation exists, pursuant to Chapter 80-300
Laws of Florida, 1979. Upon complying, Rental Properties &
Inv., Inc., shall notif"y the BUilding Department Official, the City
Offioial who shall inspect the property and notify the Board of
compliance. Should a dispute arise concerning compliance, either
party may request a further hearing before the Board. The motion was
duly seconded. A motion was made to call the question, which was
duly seconded and carried unanimously. Upon the vote being taken
Messrs. Regulski, Carnahan, Gerlach and Ehrig voted "Aye;" Mr. Custer
voted "Nay." Motion carried.
DaDe aDd Ordered this 17th day of March, 1982.
C&SB 10. 6-82
Rental Properties & Inv., Inc. (1007
Vine Ave., Clearwater) Standard Housing
Code
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3/17/82
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Inspector Chaplinsky reported the owner of record is Rental
Properties & Inv., Inc., and the property is currently vacant.
He reviewed the Notice of Violation and City's Exhibit ill, a
photograph taken 2/10/82 showing the exterior of the dwelling, and
Exhibit 02, the Inspector's Report which listed the violations under
the Standard Housing Code, 1969 edition, which was adopted by the City
of Clearwater under Chapter 138, as amended" of the Code of
Ordinances. The initial inspection was made 5/12/80 and little or no
improvement has been accomplished since that time. Neither the owner
nor his representative appeared.
Building Inspector Reichardt described in detail the various
types of damage the violations represented and reported these
inspections were made as a result of complaints received in the
Building Department. Exhibits'1 and D2 were admitted as evidence.
Mr. Regulski moved that regarding Case 110. 6-82 re: violation
of Chapter 138 of the Clearwater City COde, as amended by Ordinance
2452-81, on property with a legal description as follows: ~ot 3,
Block D, Jurgens Subdivision, located at 1007 Vine Avenue,
Clearwater, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held this 17th day of'
March, 1982, and based on the evidence, the Municipal Code Enforcement
Board enters the following PiDdtnsa o~ Pact, Canclusioaa or Law, and
Order.
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The PiDd1Dga or Pact are: Based on the testimony of' the
Building Inspector, this structure is in violation of' the Minimum
Housing Code pertaining to the necessity for the extermination of'
insects and rodents; repair of the walls and shower faucets in the
bathroom; the repair or replacement of' window screens; replacement of
the broken window glass; the repair or replacement of light fixtures
in bedrooms; repair of the light switch in the bedroom; and repair of'
damaged light fixture in the bathroom. Further, the property is found
to be in violation of not providing adequate heating facilities; There
is also a violation as it pertains to plumbing and sanitary
conditions, referring to condition of the fill valve, leaking fill
pipe, and water leak around base of water closet; and replacement or
repair of the trap in the bathroom sink. The property also violates
that section of the Code requiring removal of all trash, garbage, and
weeds and similar items from the premises. The COIlalusioaa or l.av
are: Rental Properties and Inv., Inc. , titled owners of subject
property, are in violation of City Ordinances cited above. It is the
Order of this Board that: Rental Properties & Inv., Inc. , shall
comply with the appropriate sections of the Code of the City of'
Clearwater within 30 days. If Rental Properties <\ Inv., Inc., does
not comply within the time specified they shall pay a f'ine of $10.00
per day for each day the violation continues to exist. If Rental
Properties & Inv., Inc., does not comply within the time specified, a
certified copy of this Order, together with an Affidavit of Non-
Compliance, shall be recorded in the public records of the Office of'
the Clerk of the Circuit Court in and for Pinellas County, and once
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3/17 /82
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recorded shall constitute a lien against the property upon which the
violation exists, pursuant to Chapter 80-300 Laws of' Florida, 1979.
Upon complying, Rental Properties & Inv., Inc., shall notify the
Building Inspector, the City Official who shall inspect the property
and notify the Board of compliance. Should a dispute arise concerning
compliance, either party may request a further hearing bef'ore the
Board. The motion was duly seconded. The motion was made to call the
question, which was duly seconded and carried unanimously. Upon the
vote being taken Messrs. Regulski, Carnahan, Gerlach and Custer voted
"Aye." Motion carried unanimously, Mr. Ehrig having left the meeting
at 3:30 p.m. The Vice Chairman assumed the Chair.
DaDe and Ordered this 17th day of March, 1982.
CASE 110. 1-82
Rental Properties & Inv., Inc. (10061
Vine Ave., Clearwater) Standard Housing
Code
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Inspector Chaplinsky reviewed City's ~xhibit 61, the
Inspector's Report, enumerating nine violations of the Standard
Housing Code; and Composite Exhibit fJ2A and B, photographs of the
exterior of the property, Exhibit 2B having been taken 2/10/82 and 2A
taken 3/17/82, which reflects no improvement in conditions. The
Inspector stated the condition of the building '1ontinues to
deteriorate. The property is currently vacant, the last tenant having
remained only 30 days as the owner refused to repair the water line.
It was noted the Inspector's report is dated 4/14/80. Neither the
owner nor his representative appeared. Exhibits /11 and Composite
Exhibit 12A and B were admitted as evidence.
Mr. Gerlach moved that regarding Case 110. 7-82 re: violation of
Chapter 138 Standard Housing Code of' the Clearwater City Code as
amended by Ordinance 2/J52-81, various sec tions, on property with a
legal description as follows: Lot 7, Block C, Jurgens Subdivision,
located at 10061 Vine Avenue, Clearwater, the Municipal Code
Enforcement Boarrt has heard testimony at the Municipal Code
Enforcement Board hearing held this 17th day of March, 1982, and based
on the evidence, the Municipal Code Enforcement Board enters the
following F1Dd1D8a or Fact, CoDcllldoaa or Law, 8Dd Order.
The F1Dd1ft&S or Pact are: That the Board accept the testimony
of the Inspector and Exhibit #1, Housing Inspector's Report; and
Exhibi t 12 t photographs of' the property. The CoIlcluslCl118 of Law
are: Rental Properties & Inv., Inc., is in violation of the
following: Install proper hardware on exterior doors capable of
properly latching and locking; repair or replace damaged or
deteriorated ceilings in both bedrooms; repair or replace window
screens as necessary; repair or replace exterior kitchen door; repair
or replace bathroom door; replace window glass where broken; repair or
replace bathroom light fixture and ceiling light in bedroom; repair or
replace heating unit in accordance with building, gas, or electrical
code; repair or replace leaking water heater; and remove falling and
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scaling paint from bathroom walls and kitchen ceiling and repaint. It
is the Order of this Board that: Rental Properties & Inv., Inc.,
shall comply with Chapter 138 Standard Housing Code, as amended by
Ordinance 2452-81, various sections, of the Code of the City of
Clearwater on or before May 1, 1982. If Rental Properties &: Inv.,
Inc., does not comply within the time specified, they shall pay a fine
of $10.00 per day for each day the violation continues to exist. If
Rental Properties &: Inv., Inc., does not comply within the time
specified, a certified copy of this Order, together with an Affidavit
of Non-Compliance, shall be recorded in the public records of the
Office of the Clerk of the Circuit Court in and for Pinellas County,
and once recorded shall constitute a lien against the property upon
which the violation exists, pursuant to Chapter 80-300 Laws of
Florida, 1979. Upon complying, Rental Properties &: Inv., Inc., shall
notify the Building Inspector, the City Official who shall inspect the
property and notify the Board of compliance. Should a dispute arise
concerning compliance, either party may request a further hearing
before the Board. The motion was duly seconded. A motion was made to
call the question, which was duly seconded and carried unanimously.
The motion carried unanimously.
DoDe and Ordered this 17th day of March, 1982.
CISB 110. 8-82
Rental Properties &: Inv., Inc. (812
Metto St., Clearwater) Standard Housing
Code
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Inspector Chaplinsky reviewed the amended Notice of Violation
dated 12/4/81 and City's Exhibit (11, the Inspector's report dated
4/14/80, wherein seven violations of the Standard Housing Code are
listed. He stated the building has continued to deteriorate since the
date of the report. Neither the owner nor his representative
appeared. Exhibit 11 was admitted as evidence.
Mr. Gerlach moved that regarding Case Ro. 8-82 re: violation of
Chapter 138 Standard Housing Code as amended by Ordinance 2452-81 and
various sections of the Clearwater City Code on property with a legal
description as follows: Lot 7, Block C, Jurgens Subdivision, located
at 812 Metto Street, Clearwater, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing
held this 17th day of March, 1982, and based on the evidence, the
Municipal Code Enforcement Board enters the following P1DdiDga of'
Pact, CoDclualoaa of' Law, aDCl Order.
The Pt.ndl"8S ot' Pact are: The Board accepts the testimony of
the Inspector and Exhibit #1 and, based on said Exhibit, the
CoDcluatoaa of' Law are: The owner, Rental Properties &: Inv., Inc.,
is in violation of certain City Codes, being to replace locking
hardware on kitchen exterior door; replace missing and/or broken tiles
in shower; repair ceiling in living room; repair electric outlet in
kitchen wall; repair or replace heating unit so as to be capable of
heating all habital rooms and bathroom to a temperature of 700
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Fahrenheit under ordinary minimum winter conditions. It is the
Order of this Board that: Rental Properties & Inv., Inc., shall
comply with said Code of the City of Clearwater on or before May 1,
1982. If Rental Properties & Inv., Inc., does not comply within the
time specified, they shall pay a fine of $10.00 per day for each day
the violation continues to exist. If Rental Properties & Inv., Inc.,
does not comply within the time specif'ied, a certified copy of this
Order, together with an Affidavit of Non-Compliance, shall be recorded
in the public records of the Office of the Clerk of the Circuit Court
in and for Pinellas County, and once recorded shall constitute a lien
against the property upon which the violation exists, pursuant to
Chapter 80-300 Laws of' Florida, 1979. Upon complying, Rental
Properties & Inv., Inc., shall notify The Building Inspector, the City
Official who shall inspect the property and notify the Board of
compliance. Should a dispute arise concerning compliance, either
party may request a further hearing before the Board. The motion was
duly seconded. A motion was made to call the question, which was duly
seconded and carried unanimously. Motion carried unanimously.
DaDe aDd Ordered this 17th day of March, 1982.
Mr. Custer informed the Board he would need to leave within a
short time and, by unanimous consent, the Board agreed to hear Case
No. 12-82.
CISI 110. 12-82
Daniel Markley (1575 S. Michigan Ave.,
Clearwater) Standard Building Code
e
It was noted for the record that Daniel Markley did not appear.
Building Inspector Ulen Hopkins reported the house received severe
fire damage and a Notice of' Violation was issued on 2/3/82 citing the
Standard Building Code, Section 106.1, and the Standard Plumbing COde,
Appendix E Section E-9 (b). All certified mail was returned. The
sewer was capped yesterday and inspected today, and the only violation
existing now is the open septic tank. He submited City Composite
Exhibit 11, photographs A and B, showing the unfilled septic tank. He
reported Mr. Markley came to the office about 12:00 noon today,
sta ting he would not appear at the hearing but realized he was in
violation and would have the tank filled by 5:00 p.m. on 3/18/82.
Exhibit /11 was admitted as evidence. The Inspector reported the
initial inspection concerning fire damage was made in November, 1981,
and an inspection report was sent to the owner on 1/8/82. The owner
chose to demolish the building rather than rehabilitate after the
fire, and proper procedures would have been to cap the sewer prior to
demolition of the structure.
Mr. Gerlach moved that regarding Case Ro. 12-82 re: violation
of Chapter 133, as amended, Standard Building Code, Section 106.1, and
Standard Plumbing Code, Appendix E Section E-9 (b), of the Clearwater
City Code on property with a legal description as follows: Lot 20,
Block F, Carolina Terrace, located at 1575 S. Michigan Ave.,
Clearwater, the Municipal Code Enforcement Board has heard testimony
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at the Municipal Code Enforcement Board hearing held this 17th day of'
March, 1982, and based on the evidence, the Municipal Code Enforcement
Board enters the following F1nd1nss or Fact, CoDalusions or Lav, aDd
Order.
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The PiDdin8a or Paot are: The Board accepts the testimony of
the Inspector and Compos~te Exhibit Ul, two photographs, which
indicate there is an open septic tank which needs to be filled. The
CoDolwsioaa or Law are: Daniel Markley is in violation of the Code
of Ordinances of the City of Clearwater Chapter 135, Plumbing Code,
and specifically Standard Plumbing Code Appendix E Section E-9 (b),
for failure to fill an abandoned septic tank. It is the Order of
this Board that: Daniel Markley shall comply with the above cited
Sections of the Code of the City of Clearwater within 10 days of' this
date. If Daniel Markley 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. If Daniel Markley does not comply with the time
specified, a certified copy of this Order, together with an Affidavit
of Non-Compliance, shall be recorded in the publiC records of the
Office of the Clerk of the Circuit Court in and for Pinellas COlmty,
and once recorded shall constitute a lien against the property upon
which the violation exists, pursuant to Chapter 80-300 Laws of
Florida, 1919. Upon complying, Daniel Markley shall notify the
Building Inspector, the City Official who shall inspect the property
and notify the Board of' compliance. Should a dispute arise concerning
compliance, either party may request a further hearing before the
Board. The motion was duly seconded. A motion was made to call the
question, which was duly seconded and carried unanimously. The motion
carried unanimously.
DaDe and Ordered this 17th day of March, 1982.
UlIIFIIISBID mJSIDSS
Consideration of filed Affidavit of' Compliance has been deferred
to 411/82.
Case Ros. 9-82, 10-82, aDd 11-82 have been rescheduled for
4/1/82 beginning at 2:00 p.m. by unanimous consent of the Board.
p~...&nOll OF FILBD DFDAYITS OF VIOLATI~
CASE 10. 13-82
CASE 110. 15-82
Imperial Court Condominiums, Bldgs. A,B,
C,D,E,F,G (1433 S. Belcher Ave.,
Clearwater) Fire Code
It was noted that these two cases relate to the same property,
and Mr. Gerlach moved they be set for hearing on 4/7/82. The motion
was duly seconded and carried unaimously.
CASE 10. 1~
Robert Ward (1498 s. Greenwood Ave.,
Clearwater) Fire Code
(2)
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3/17/82