07/07/1982
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MUNICIPAL CODE ENFORCEMENT BOARD
';1
July 7, 1982
Members present:
John Ehrig, Chairman
Lee Regulski, Vice-Chairman
Paul Carnahan
John F. Gerlach
Don Winner
Raymond Custer
Robert Hostetler
Also present:
Thomas A.
Cyndie Goudeau,
Bustin, City Attorney
Secretary to the Board
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TV
The meeting was called to order by the Chairman at 1:00 p.m. in
the Commission Meeting Room in City Hall. The Chairman introduced Mr.
Robert Hostetler, newly appointed Board member. He ou tUned
procedures and advised any aggrieved party may appeal a ruling
order of the Municipal Code Enforcement Board by certiorari in
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.
the
or
the
P1JBLJ:C BIWUIIGS
CASK RO. 33-82
CASK 110. 311-82
Church of
Organization
Clearwater)
Fire Code
Scientology, Flag Service
(210 S. Ft. Harrison Ave.,
Standard Building Code and
The chairman explained that due to the severity of the violations
these cases are being considered on an emergency basis.
At the Chairman's request,
into the record the violations
S. Ft. Harrison Ave.
attention and reviewed
Roy Ayres,
found at the
He explained how the
the history of the case
Building
building located
violations
up to this
Director, read
at
came tu
point.
210
his
The following Exhibits
letter from Roy Ayres to file
from Roy Ayres to Walt
from Roy Ayres to file
pictures taken on June
present on that date;
were admitted
dated June
Hilton dated June 29,
dated July 6, 1982;
28, 1982, indicating the
composi te Exhibit E,
as
28,
evidence: Exhibi t A,
1982; Exhibit B, memo
1982; Exhibit C, memo
composite Exhibit D, ten
violations that were
five pictures showing
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7/7/82
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violations still existing on the compliance date or July 5, 1982, at
5:00 p.m.
The Building Director stated the structure was reinspected on
this date and there are still violations on all floors.
The inspectors were questioned as to the seriousness of the
violations and the work going on in the building. The inspectors
stated that the violations were serious and that the efrort put rorth
to correct them has been good. However, they felt repairs were
started too late and there was a lack of understanding or what is
meant by "fire rating".
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Mr. Bill Honey and Mr. William IHlliger, co-owners of Winter
Associates, the contracting company hired by the Churc~ or Scientology
to do the repairs were questioned regarding the amount or work that
had been done and how much was left to be done berore the violations
were corrected. They stated the required work could be completed in
eight hours.
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Mr. Custer left the meeting at 3:30 p.m.
Mr. Reguski moved that regarding Case Ro. 33-82 and Case Ro.3~-
82 re: violation of Section 103.11 and Chapter X of the Southern
Standard Building Code and Section 17-3.1.1 of the National Fire
Protection Association's Life Safety Code 101 as adopted by the City
of Clearwater, on property with a legal description as rollows: Begin
SW corner of Pierce St. & Ft. Harrison Ave., run S 330 re, W 183 ft,
MOL, N 55 ft, 74 ft W 150 ft N 274.3~ re. to SE corner or Pierce St.
and S Osceola Ave. th E 333 n to POB located at 210 Pierce St.,
Clearwater, Florida, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enrorcement Board hearing held this
7th day or July, 1982, and based on the evidence, the Municipal Code
Enforcement Board enters the following F1nd1ngs of Fact, Conclus101US
or Law. and Order.
';:~"~'
The PiDdin8s or Fact are: Based on the tes timony and evidence
presented, being memos and photographs, it is determined that
penetration exists in the fire rated separations required to exist in
the building located on the above property.
The Cooolusions or Law are: The violations present do create a
building that is dangerous to human life and safety due to the
possibility of fire spread in the event of a fire.
That the Church of Scientology, Flag Service Organization, is in
violation of the above referenced sections.
It is the Order or this Board that: Church of Scientology,
Flag Service Organization shall comply with Section 103.4 and Chapter
X of the Southern Standard Building Code and Section 17-3.1.1 or the
National Fire Association's Life Sarety Code 101 as adopted by the
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717/82
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10
City of Clearwater as agreed to by the City of Clearwater Building
Director to the extent that the Code specifies a U.L. rated two (2)
hour or one (1) hour separation is required, that in fact the
modification has been approved to provide a reasonable fire and smoke
containment and separation in consideration of the pre-existing
condition and the age of the structure. The Church of Scientology,
Flag Service Organization shall comply by 8:00 a.m., July 9, 1982. If
Church of Scientology, Flag Service Organization does not comply
within the time specified I they shall pay a fine of $250.00 per day
for each day the violation continues to exist. If Church of
Scientology, Flag Service Organization 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, 1919. Upon complying, Church of Scientology, Flag Service
Organization, shall notify 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 .
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Mr. Gerlach moved to amend the motion setting compliance date for
July 8, 1982 at 5:00 p.m. Motion was duly seconded and the amendment
carried unanimously.
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Mr. Gerlach moved to amend the motion to include that the
building be vacated should the violation continue past the compliance
deadline. Motion was duly seconded and the amendment carried
unanimously.
Upon the vote being taken the amended motion carried unanimously.
Doae and Ordered this 7th day o~ JUly, 1982.
The Board recessed at 3:52 p.m. and reconvened at 4:09 p.m.
CASK &0. 35-82
Church of Scientology
Harrison Ave., Clearwater)
(210 S. Ft.
Fire Code
The Board was requested to hear this case on an emergency basis.
It was determined that the emergency no longer existed.
Mr. Hostetler moved to continue this case until the meeting of
August 4, 1982 at 2:00 p.m. Motion was duly seconded and carried
unanimOUSly.
OTHER BOARD ACTION
CASE BO. 2-82
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Seville Condominium, Inc., Bldg.
(2650 Pearce Drive, Clearwater)
#14
3.
7/7 /82
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The Board consented to hear Mr. William Armbruster of the Crisp
Co. re Case No. 2-82, Seville Condominium, Inc. Bldg. #14.
Mr. Armbruster reviewed the history of the case stating that the
condominium had done more than the Board had asked for in replacing
the balustrades on the building.
Florida Pre-Cast, the company hired to
job poorly and had put in railings with
inches, contrary to his contract.
do the work, had done the
spacings of more than 6
The condominium association is now
situation and is requesting that the Board
against the property for non-compliance.
trying
remove
to
the
rectify the
lien placed
Mr. Winner moved to lift the fine and issue a Satisfaction of
Lien. The motion was duly seconded and carried unanimously.
PUBLIC IIEARI1IGS (CoIlt'd.)
CASE RO. 20-82
James N. M. Walsh (501 S. Ft. Harrison
Ave., Clearwater)
Mr. Gerlach moved to accept the Affidavit of Compliance. Motion
was duly seconded and carried unanimously.
Q
CASE RO. 22-82
CASE RO. 23-82
Joseph A. Papp (Kapok Mobile Home Park,
Lots 609 and 220) Building Code
Mr. Ayres explained
owners of the mobile homes
the problem.
that Mr. Papp was trying to contact the
in question to obtain permission to correct
Mr. Gerlach moved to continue Case 10. 22-82 and Case 10. 23-82
to its meeting of September 1, 1982 at 2:00 p.m. Motion was duly
seconded and carried unanimously.
ClSE RO. 2_-82
u. S. Homes (2915 State Road 590,
Clearwater) Building Code
The Building Inspector reported that an application for a
variance for a fence installed without proper permits and exceeding
the height limitation has been filed with the Board of Adjustment and
Appeal on Zoning. The Board decision was to hear only the violation
in regard to Section No. 131.033, the hot tub being installed within
the setback lines on the side yard.
The Record was corrected to show that the violator was U. S. Homes
Corporation, not Gene Lanton, who is the president of the Rutenberg
Division of U. S. Homes.
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John Loud, Division Vice President of Rutenberg Division of U.
S. Homes stated they did not feel a permit was needed for installing
the hot tub as it was shown on the plans.
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The Building Inspector stated the hot tub was not shown on the
site plan but was there on the architectural plans as an optional item
and therefor was not included in the overall building permit.
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Discussion ensued as to whether or not the hot tub is movable and
the fact that it is hard wired through the building.
Mr. Regulski moved that regarding Ca8e No. 2,.-82 re: violation
of Section 131.033 of the Clearwater City Code on
property with a legal description as follows: Lot 128, Countryside
Tract 55, Unit 2, located at 3350 Sandy Ridge Drive, Clearwater,
Florida the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held this 7th day of
July, 1982, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings of Fact, CouClU8~ODS of Law, and
Order .
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The FindiDgs of' Fact are: The Building Inspector and U. S.
Homes indicate a hot tub and accessory parts has been installed within
1 ft of the side property line. The hot tub is hard wired to the
building and is deemed to be a structure and not movable.
o
The Conclusions of Law are: U. S. Homes has violated Section
131.033 of the City Code of Ordinances.
It is the Order of this Board that: U. S. Homes shall comply
with Section 131.033 of the Code of the City of Clearwater by removing
the hot tub and accessory parts or obtaining the necessary variances
from the Board of Adjustment and Appeals on Zoning by August 16,
1982. If U. S. Homes does not comply within the time specified, they
shall pay a fine of $50.00 per day for each day the violation
continues to exist. If U. S. Homes 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 Pine lIas 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, U. S. Homes shall notify Roy
Dielschneider, 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.
Mr. Gerlach moved to amend the motion to make the fine for
non-compliance $10.00 per day. The motion was duly seconded and
the ~mendment carried unanimously.
~
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5.
717/82
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Mr. Gerlach moved to amend
August 31, 1982. The motion was
carried unanimously.
Upon the vote being
the motion to make
duly seconded
the compliance date
and the amendnent
taken the amended motion carried unanimously.
Doae aDd Orde~ this 7th day of July, 1982.
UIIFXRISBED
BUSIRBSS
Disposition of
Compliance/Non-Compliance
Affidavits
of
CASK 110. 16-82
Kipling Arms
(32 Bay
Fire Code
Esplanade,
Apartments, Larry Lambros,
Clearwater Beach)
Mr. Winner moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CAaB 110. 18-82
Mr. Regulski moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
PRESKIIl'ATIOII OF FILED AFPIDAnTS OF VIOLATIOIS
CISE RO. 25-82
Stephen G.
Clearwater)
Beneke
(1904
Drew
St. ,
~
V
p.m.
Mr. Gerlach moved to
The motion was duly
set hearing date of August 4, 1982,
seconded and carried unanimously.
at 2:00
CISE RO. 26-82
Frank J .
Clearwater)
Schebler
( 1432
Boylan,
Mr.
2:00 p.m.
Gerlach moved to set the hearing date for August 4, 1982,
The motion was duly seconded and carried unanimously.
at
CASE RO. 27-82
Albert L.
Clearwater)
Rogero (1452 Court St.,
Standard Building Code
Mr. Gerlach moved to set the hearing date for
2:00 p.m. The motion was duly seconded and carried
August 4, 1982,
unanimously.
at
CASE RO. 28-82
Clara Boldog
Clearwater)
(325 Gulfview Blvd.,
Mr.
2:00 p.m.
Gerlach moved to set the hearing date for
The motion was duly seconded and carried
August 4, 1982,
unanimously.
at
C.ASB RO. 29-82
Inverness Condominiums, U. S.
Corporation (2581 Countryside
Clearwater)
Ilomes
Blvd,
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6.
717 / 82
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Mr. Gerlach moved to set the hearing
at 2:00 p.m. The motion was duly seconded and
date for September 1, 1982,
carried unanimously.
CASE 110. 30-82
Norman Demos (23 and 23-1/2 Cambria,
Clearwater)
Mr. Gerlach moved to set the hearing date for
2:00 p.m. The motion was duly seconded and carried
August 4, 1982,
unanimously.
at
CASE 110. 31-82
J. C. Weaver (2050 Weaver Park Drive,
Cloarwater)
Mr.
at 2:00 p.m.
Gerlach moved to set the hearing date for September 1, 1982,
The motion was duly seconded and carried unanimously.
CASE 110. 32-82
He ffron 0 f
North, St.
Florida, Inc.
Petersburg)
(3950
9th Ave.
Mr.
at 2:00
p.m.
Gerlach moved
The motion was
to set the hearing date for
duly seconded and carried
September 1, 1982,
unanimously.
CASK RO. 36-82
Azalea Woods
Corporation
Clearwater)
Condominium, U. s.
(2460 Northside
Homes,
Drive,
~
V
Mr.
at 2:00
p.m.
Gerlach moved to
The motion was
set the hearing date for September 1, 1982,
duly seconded and carried unanimously.
~U"J."K:S
June 2,
approves as
unanimously.
The Chairman presented the
1982, for consideration. Mr. Winner
submitted. The motion was duly
minutes of
moved
seconded
the meeting of
the minutes be
and carried
Meeting adjourned at 6:47 p.m.
~~L~
Lucille Williams, City Clerk
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7.
7/7/82
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