04/07/1982
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l'lr. ':linn"!r f1]oved t!1'3t re~:1rdi.nr-; Case No. 9-82 f'e: 17 violations
of the Sout.hcl'n StandrH'd Hou:1ino; Code 1. i~lted l.n Exhibi t {'1 on property
Hit'n a l.::lp.;al description a~1 folloh's: Lot 7, I3lk C, ,Turgenr,
Subdi vision, locn ted ;::J.t 1010 Vine Ave., CJ ear\.Jn tel", the ,.Iunicipal
Code Enforcement Board has heard testimony at the ['1unicip:ll Code
Enforcement Board "learinc.; held this 7th dny of Apl'il, 198~, and based
on the evidence, thcl ~'111nicipdl Code Snforcement Board enters the
folloHin,,; Findings of Fact, Concluslons of Law, and Order.
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The Findings of' Fact are: ~he building located at 1010 Vine
Ave. violates 17 sections of the Southern Standard Housing Code, as
adopted by t'n9 City of ClearHater, as demonstrated by verbal testimony
ann photor:,raphs shoun by the Building Inspector. The Conclusions of
Law ar.,": Thel'e at'C! 17 violations of the HOl1sin~ Code of' the City of
Cle:'lr'"ater at 1010 Vine Avo. It is the Order of this Board
that: Rcnta 1 Properti8s ,~ Inv., Inc., shall comply Hith Sections 301
through 3011 0 f the Sou thern Standard Housi!1/j Coele of the Corle of the
City of Clen.nrat.cr hy !~ay 7, 19~2. If RentA.l Properties & Inv., Inc.,
do not comply \'lithin the time specified, they shall pay ;t
fine of $25.00 per day for each day the violation continues to exist,
and the Board recommends that the City I3uilrf ing Dept. proceed to
enfOt'ce Sec. 303 at that time Hhich cieals llith declarin,7, the property
unfit for dHclling, and condemnation, The Board also recommends that
t~e 30-day ~racc period for repairs be permitted only so lone as the
propert.j' remains vacant. Should the building be occupied prior to
repairs, the flne shPlll commence as of the date of occupancy. If
Rental Properties & Inv., Inc., do not comply within the time
specified, a certified copy of this Order, together with an Affidavit
of Non-CompI iance, sha 11 be recorded in the public records of the
Office of the Cler~ of the Circuit Court in and for Pinellas County,
and O!1ce recorded shall constitute a lien against the property upon
which the violation exists, pursuant to Chapter 80-300 Laws of
Florida, 1979. Upon complyinr~, Rental Properties and Inv., Inc.,
shall notify the Buildin~ Dept. Inspector, the City Official who shall
inspect the pt'opert.y and notify the Bonrd of compliance. Should a
dispute arise concernin8 compliance, either party may request a
further hearing before the BoarrL The motion was duly seconded and
carried unanimously.
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Done and Ordered thi~ 7th day of April, 1982.
CASE NO. 10-82
Rental Properties & Tnv" Inc., (912 N.
Garden Ave., Clear\.,rater) Standard
Housin:s Code
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Insoe<1tor Chn.pJins!<y revi.ewer! City's Exhibit fs'l, Housin~
Inspector's Report, and stated the violations of Sec. 301.1 and 301.~
have been corrected. The improvements Hhich havA been made were paid
for through recovery on a fi!"e insurrlnce policy; hOl-1ever, the tenant
states the roof leaks Horse than ever, Exhihit //1 was admitted as
evidence. Neither the owner nor his representative was present,
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lJ/7/82
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~'ll~. !1cr~lll~~',~i !f10verl \;llrlt rc~:~rdin'!; Case No. 10-82 r(~: violation
of v:ll'i ow~ :Jcctl on~l of \;}w 30uthern Str1!1dClrd HO'lsino; Code, :13 adopted
hI,' tile ClQr\I'I.Intf:-r' C.lty CO~18, on pr-OPCl'ty ',-lit~l a le~;j.l dcscript.i,on ::is
follo'I;.: r. 110 rt of Lot 110, In', c, ~1ioholson Sub, located at 912 N.
rlnt'rlpn ^V{'. I C1 (~3.IH..J~tel', the ":unicipal Code Enforcement Board hilS
\w;.ll'd t.l!:lti:nony ,1t. the :,1Ilnici.pal Code Snfol"cement Board hearinG held
tl1i:3 7th thy of ^rwil, 1')~::?, ~wl bClsed on the evidence, the ~~unici,pal
r.ode) rnrOl'e~m<;nt BO:H'd cn\;er~ the followin~ Findings of' Fact,
Conclusions of La~, and Order.
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The Findings of Fact are: Upo~ the te3timony of Inspector
Chi'lpl i n~!~y v'ldoll~1 sect 1.on[; of the Southern Standard Housing Coele
!"p.~:1r;1 1.n;; V;JI' taU:J :;uh:'J~c t.i ong of S'3ction 301.1 and Section 302 at'e in
violrltion. TI1~ Conclusions of Law are: Rental Properties & Inv.,
Inc., ,11'f~ in vio1"t.Lo~ of the Hunicipal Code of the City of
Cl P,Ir'..I,'1 \;01'. I t, l.~ the Order of this Boar'd that: Rental Properties
~( Tnv., Inc., ~h:)ll comply with Sections 301~,5, 3Ql1,3, 304.17, 3011.13
lOII.7, 3,)/I.ll.J and ~02. 4 of the Southern Standard Housinz Code, as
~rlo!)ted by the C1 ty of Cleart-1,1ter, Hithin 30 days. If Rental
Properties ~ Inv., Tnc" do not comply within the time specifiert, they
~h,ll PRY ~ fine of $25.00 per day for each day the violatio~
oonti,n\1o[-> to exi3t. If Rental Properti.es & Inv., Inc., do not comply
Hithi,n the time specified, a certified copy of this Order, together
Hi tll an l\ffid,'wlt of Non-Compli;mce, shall he 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
pl'operty upon \~ich the violation exists, pursuant to Chapter 80-300
LenIS of Florida, 1979. Upon complying, Rental ppoperties & Inv.,
1>10., shnll notify the City of eleart-Iater Bui.ldin~ Dept. Inspector,
the City Official \olho shal1 inspect the property ;:md noti,fy the Board
of oompliFl.nce, 0hould a dispute arise concernin~ compliance, either
party may request Cl further hearing before the Board. The m0tion was
july secondeel and c~rrted unanimously.
Done and Ordered this 7th day of April, 1982.
CASE NO. 11-82
Renta 1 Properties ec Inv., In~., (900-900A
Metto St., Clearwater) Standard Housins
Code
Inspector C!laplinsv.y displayed an aerial locating the property.
He revieHed Cit~rls r:xhibit 4/1, copy of the Inspector's Report, and
Composi te Exhibit 112, photographs A through C. The condition of the
building continues to deteriorate althou~h 900A Metto is occupied. ^
water leak around the base of the water closet and a lealcin~ fill pipe
in 900A have been repaired. Exhibits if1 and #2 '~ere admitted as
evidence. Neither the owner nor hi.s representative appeared.
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Hr. Gerlach moved that reg::l.rdine; Case No. 11-82 re: violation
of various sections of the Southern Standard Housing Code, as adopted
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by the Clearwater City Code, on property with a legal description as
follows: Lot 4, Blk D, Jurgens Sub, located at gOO-900A Metto St.,
Clearwater, the Municipal Code Enforcement Board has heard testimony
at the Munioipal Code Enforoement Board hearing held this 7th day of
April, 1982, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings or Paot, ConalualODS ot Law, and
Order .
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The "ind1ngs ot Faot are: The Board accepts Exhibi t #1,
Housing Inspeotor's Report, and Exhibit U2, three photos marked A, B,
and C. The Conolusiona or Law are: Rental Properties & Inv., Inc.,
are in violation of the following City Codes: Sec. 304.3, 306.5,
304.16,304.13,304.7,306.4,302.4,301.5, and 301.1. It is the
Order of this Board that: Rental Properties & Inv., Inc., shall
comply with said Sections aforementioned of the Code of the City of
Clearwater with~n 30 days from April 7, 1982. If Rental Properties &
Inv., Inc., do not comply within the time specified, they shall pay a
fine of $25.00 per day for each day the violation continues to exist.
The motion was duly seconded and carried unanimously.
Doae aDd Ordered this 7th day of April, 1982.
CASB Wl. 13-82
CUB 110. 15-82
Imperial Court Condominiums, Bldgs. A,B,
C,D,E,F,G (1433 S. Belcher Ave.,
Clearwater) Fire Code
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Donald McFarland, attorney, filed a motion to dismiss and a
motion ror continuance on behalf of Southwest Management, Inc. The
motion to dismiss was made based on the contention that the City of
Clearwater failed to sufficiently identify the basis for the complaint
and against whom the complaint was made. The motion for continuance
was made to clarify these issues. J. C. Maesenich, President of
Imperial Court Condo Association 3, representing Building E, also
requested a continuance.
Discussion ensued as to the proper parties to be noUrled and
Gary Hewetson stated that his interpretation of Florida Statute
718.111 indicates it would be proper to notiry the five associations.
Mr. Gerlaoh moved to deny the motion to dismiss Case 10. 13-82 and
Case 80. 15-82. The motion was duly seconded and upon the vote
being taken Messrs. Carnahan, Gerlach, Winner, and Ehrig voted "Aye;"
Mr. Regulski voted "Nay." Motion carried. Motion ror dismissal
denied.
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Mr. Gerlach moved to grant the motion for continuance of Case
10. 13-82 and Case No. 15-82 to April 21, 1982 at 2:00 p.m. for the
purposes or appropriately identifying and notifying the proper
parties. The motion was duly seconded and upon the vote being taken
Messrs. Carnahan, Gerlach, Winner, and Ehrig voted "Aye;" Mr. Regulski
voted "Nay." Motion carried. Motion for continuance granted.
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4/7 /82
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UNFINISHED nUSINESS
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CASE ~o. 12-82
~rlnicl 't'.lrklcy (1S7'3 S. 11jchi~an Ave.,
~l~'rwnt~r) Stnnctn~d nuil~in~ Cocte
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f)1~C\l::WI.Oll (m~~l(lr\ concerninn.; t~e fact that the Affidavit
~1llhmi t t~d re r(~t'r(l'! on1 y to th'~ St:}ndar~1 Buildin~ Corle. t1r. Gerlach
movnd ta .1CCr.!pt tllC Affi.rbvlt of Compliance d3.tcd nard! 29, 1932, and
1-.0 d I !"c'ct Tn~p(Jctor tllcn !lop'd.ns to suhmit another Affidavit of
~~nplinnce r~lntin~ to violation of the Standard Plumhin~ Code
^ppe~YII:{ E, .')0:0. E:-'](t>). Th~ motion Has duly seconded and carried
unnnimou:;ly.
CASE NO. 7-81
>lrs. Hoke
Cle::trHatl}r)
RU3sel1 (916 Plaza
Standard Housing Code
St. ,
Innpnctor TIei,ch'1,"'dt reported that, \oIhile the bui1din~ is
not in compliance, ~rs. Russell has had a roof put on and
nomeon~ to put on ~ldc~alls. The house has been secured and is
prep::\r~d on the out1lide for painting.
still
hired
bein~
1.1r'. l'lef~uln1d. moved to nefer
the !-1ay rncetl.ng. Th(1 motion
un:HlimoIl3l~' .
consideration of Case
'.."as duly seconded
No.
and
7 -81 to
carried
CASE NO.
12-81
.Johnson &
Cl earl'l<J. tel"')
Albrecht (705 Court
Standard Building Code
St. ,
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~1r. R,=~ul:;l{i moved
moti on lJi1:3 duly seconded
to accept the
and carried
Affidavi t
unanimously.
of
Compliance.
The
CASE NO. 21-81
M~rtin Lehew (210 Vine Ave., Clearwater)
Standard Building Corle
1'11"'. Gerl:'3ch moved to 3.ccept the Affidavit of Compliance.
mati on \-IriS duly seconcted and crll'ried unanimously.
The
CASE NO.
3-B2
Church 0 f Sci en tolOBY
Harrison Ave., Clearwater)
(210 S. Ft.
Fire Code
t-1r. H (J~II1s ~(i rnov~d
moti on \1.::l.~1 dilly seconded
to accept the ^ f'fidavi t
and carried unanimously.
of
Compliance.
The
PRESENTATIOtf OF FIlED AFFIDAVITS OF VIOLATION
CASE NO. 16-82
Larry L~mbros
nay Esplanade,
(Kipling Arms
ClearHater)
Apts. ,
Fire Code
32
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r'1r. G':lrl ach moved
21, 1932, bp'r~i nninr; nt
cnrrlcd unnnimously.
tha t Case
2: 00 p.m.
No. 16-82 be
The motion
set
vIaS
for hearing April
duly seconded and
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!l/7/82
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