08/19/1982
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MUNICIPAL CODE ENFORCEMENT BOARD
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August 9, 1982
Members present:
John Ehrig, Chairman
Lee Regulski, Vice-Chairman
Paul Carnahan
John F. Gerlach
Don Winner
Raymond Custer
Robert Hostetler
(Arrived 2:09 p.m.)
Also present:
Thomas A. Bustin, City Attorney
Cyndie Goudeau, Board Secretary
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The meeting was called to order by the Chairman at 2:02 p.m. in
the Commission Meeting Room in City Hall. He stated that due to the
severity of the violation this is an emergency meeting. 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.
PUBLIC BIWlDGS
CASE 110. 113-82
James Miltenberger and John Gilman
d/b/a Plas-Tech (2069 Gulf to Bay
Blvd.) Fire Code
John Chester, Fire Inspector, reported the Fire Department became
aware of this operation through complaints regarding smells emanating
from the building. They were operating without a license and
therefore no fire inspection had been done. Plas-Tech did apply for
a license on June 10, 1982. However, on July 17 the request was
denied, as part of their operation, the spraying of a flammable liquid
with a flash point of 970F, was not allowed in the fire district.
Exhibit #1 - Section 16.12, definitions,
liquid, of the fire prevention code,
including flammable
was submitted as evidence.
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Discussion ensued regarding the extent of the spray operation
and the fact that the area in which this operation takes place is
not blocked off from the rest of the building.
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8/9/82
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Warren Wilson, attorney, representing Plas-Tech, stated the
business was previously owned by Vacuforming and Spa Distributors,
Inc. Plas-Tech had purchased the business and invested a quarter
of a million dollars. He stated that due to very little notification
of the hearing he had not had time to prepare his case and requested
that the hearing be continued to the next regularly scheduled meeting.
Joe Molnar, Fire Marshall, stated if they did not use the
flammable liquid, he had no problem with allowing them to continue
operations if the hearing is continued.
Concerns regarding not allowing the business to operate and
therefore causing it to fold, and allowing it to operate without the
spraying operation were discussed.
Mr. Hostetler moved to deny the request for continuance and to
proceed to hear the case at this time. Motion was duly seconded.
Upon the vote being taken Messrs. Ehrig, Regulski, Carnahan, Gerlach,
Hostetler, and Custer voted "Aye"; Mr. Winner voted "Nay". Motion
carried.
Brad Clough, employed as chemist for the plant, stated that the
existing operation was clean and well run. He also presented plans
for improvements to the facilities, including spray booths, filtering
and scrubbing systems.
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Joe Molnar, Fire Marshall, stated that, because of the use of
this particular liquid, it is a hazardous occupancy. The only way
they could remain in the fire district is to find another material
which has a flash point over 100oF.
Discussion ensued regarding the 970F flash point and the fact
that it was established by a telephone call to Corning, the
manufacturer.
Mr. Regulski moved that regarding Case No. 43-82, regarding
violation of Section 301.3(b) of the Standard Building Code, on
property located at 2069 Gulf-to-Bay Blvd., Clearwater, Florida, whose
legal description is N.E. Corner of N.W. 1/4 of S.E. 1/4 running south
50 ft to Point of Beginning, then south 513.61 ft to W 639 ft, N.
260.05 ft, then E. 159.2, then N. 251.85 ft. to Point of Beginning;
Municipal Code Enforcement Board has heard testimony at the MuniCipal
Code Enrorcement Board hearing held the 9th day of August, 1982, and
based on the evidence, the Municipal Code Enforcement Board enters
the rollowing FDDDGS OF FACT, a8CLUSIOIIS OF LAW, .DD ODEll.
The PDDDGS OF FACT are:
presented to indicate that the
rererred to as "Corning Resin"
in the Fire District.
Reasonable testimony has been
use and applic&tion of some material
constitutes a high hazard occupancy
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The OOICLUSIOIS OF LAW are: James Miltenberger and John Gilman
d/b/a/ PI as-Tech are in violation or Section 301.3(b) of the Standard
Building Code which prohibits the high hazard occupancy in the Fire
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8/9/82
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District.
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It is the ORDER of this Board that Plas-Tech shall comply with
Section 301.3(b) of the Standard Building Code by ceasing the
operation of the use of said material until such time as they can
present evidence from the manufacturers that the material, use, and
control thereof is not classified as a high hazard material or until
such time as they can substitute material that they can provide
certification indicating that the replacement material does not
constitute a high hazard classification. Said certification shall
be presented to the Fire Marshall to expedite the relief of this Order
and shall be done as expeditiously as possible.
If the violators continue this violation or reinstitute the use
of this hazardous material prior to receiving authorization from the
Fire Marshall and do not comply with tlli~ Order they shall pay a fine
of $100.00 per day for eacb day the violation continues to exist.
If Plas-Tech does not comply with this order, 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 any real or personal property owned by James
Miltenberger and John Gilman d/b/a! Plas-Tech as provided by Section
166.059 Florida Statutes.
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Upon complying, Plas-Tech shall notify John Chester, 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 heRring before the Board.
The motion was duly seconded and carried unanimously.
Doae aad Ordered this 9th day of August 1982.
The Board indicated this Order does not relieve Plas-Tech of
meeting the other requirements of obtaining a license and a Special
Exception.
Meeting adjourned at 4:40 p.m.
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City Clerk
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8/9/82
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ACTION AGENDA - MUNICIPAL CODE E~FORCEMgNT BOARD MEETING -
::81.
a. 22-82
b. 23-82
c. 26-82
d. 27-82
e. 28-82
f. 29-82
g. 31-82
h. 32-82
1. 36-82
j. 37-82
2.
a.
2-82
b.
c.
d.
e.
f.'
5-82
6-82
7-82
8-82
9-82
11 -82
10-82
24-82
g.
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Public Hearings
1 .
Joseph A. Papp (Building Code)
Joseph A. Papp (Building Code)
Frank J. Schebler (Fence Code)
Albert L. Rogero (Building Code)
Clara Boldog (Fence Code)
Inverness Condominiums (U.S.Homes)
(Sign Code)
J. C. Weaver (License Code)
Heffron of Florida (Building Code)
Azalea Woods Condominium (U.S. Homes)
(Sign Code)
Birge Meat Market (Sign Code)
Compl:
a.
b.
c.
d.
e.
Con' t I~'~'''_.-'''~-''''
Aff. of Compo accepted
Con't to 10/6/82
Comply within 30 days
f.
g.
h.
Aff. of Compo accepted
Comply by 10/1/82
Aff. of Compo accepted
i.
j.
Aff.
Must
of Compo accepted
comply by 3/31/83
Unfinished Business
2.
Seville Condominium, Inc., BIdg n14 -
Authorize Cancellation of Lien
Vine Assoc. (Rental Prop) Aff. of Comp.)
Vine Assoc. (Rental Prop) Aff. of Comp.)
Vine Assoc. (Rental Prop) Aff. of Comp.)
Vine Assoc. (Rental Prop) Aff. of Comp.)
Vine Assoc. (Rental Prop) Aff. of Comp.)
Vine Assoc. (Rental Prop) Aff. of Comp.)
Rental Properties - Request for Rehearing
U.S. Homes (Building Code) Affidavit
of Non-Compliance
a. Authorized
b.)
c. )
d.)
e.)
f. )
g.)
h. Denied
Accepted Aff. of Comp.
Waive accrued fines
i. Accepted
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ACTION AGENDA - MUNICIPAL CODE ENFORCEMENT BOARD MEETING - SEPTEMBER 1, 1982
81.
Public Hearings
1 .
a. 22-82
b. 23-82
c. 26-82
d. 27-82
e. 28-82
f. 29-82
j. 37-82
Code)
Code)
Frank J. Schebler (Fence Code)
Albert L. Rogero (Building Code)
Clara Boldog (Fence Code)
Inverness Condominiums (U.S.Homes)
(Sign Code)
J. C. Weaver (License Code)
Heffron of Florida (Building Code)
Azalea Woods Condominium (U.S.Homes)
(Sign Code)
Birge Meat Market (Sign Code)
( Building
( Building
a. Comply within 10 days
b. Con't to 11/3/82
c. Aff. of Compo accepted
d. Con't to 10/6/82
e. Comply within 30 days
Joseph A. Papp
Joseph A. Papp
g. 31-82
h. 32-82
i. 36-82
f. Aff. of Compo accepted
g. Comply by 10/1/82
h. Aff. of Compo accepted
i. Aff. of Comp. accepted
j. Mu~t comply by 3/31/83
2.
Unfinished Business
2.
a.
2-82
Seville Condominium,
Authorize Cancellation of
Vine Assoc. (Rental Prop)
Vine Assoc. (Rental Prop)
Vine Assoc. (Rental Prop)
Vine Assoc. (Rental Prop)
Vine Assoc. (Rental Prop)
a. Authorized
b.
c.
d.
5-82
6-82
7-82
8-82
9-82
11-82
10-82
24-82
of Comp.)
of Comp.)
of' Comp.)
of Comp.)
of Comp.)
b. )
c.)
d.)
e. )
f.)
g. )
h. Denied
Accepted Af'f.
Waive accrued
of Compo
fines
e.
f.
g.
Q.
i.
1. Accepted
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NOTICE OF PUBLIC HEARING
MUNICIPAL CODE ENFORCEMENT BOARD - 2:00 p.II.. VedneadaJ'. Septellbe,. 1,
1982, COMMISSIO~ MEETING ROOM, CITY HALL, Clearwater, Fl.
To consider the following:
1.
Case No. 22-82
Code)
(con't from 7/7/82)
Joseph A. Papp (Building
2.
Case No. 23-82
Code)
(con't from 7/7/82)
Joseph A. Papp (Building
3. Case No. 26-82 (con't from 8/4/82) Frank J. Schebler (Fence
Code) (Affidavit of Compliance filed)
4.
Case No. 27-82
Code)
(con't from 8/4/82)
Albert L. Rogero
(Building
5.
Case No. 28-82
(con't from 8/4/82)
Clara Boldog
(Fence Code)
6.
Case No. 29-82
Inverness Condominiums (U. S. Homes)
(Sign Code)
7.
Case No. 31-82
J. C. Weaver
(License Code)
8.
Case No. 32-82 Heffron of Florida, Inc. (Building Code) (Affidavit
of Compliance filed)
6)
9.
Case No. 36-82
Azalea Woods Condominium (U. S. Homes)
(Sign Code)
10.
Case No. 37-82
Birge Meat Market (Sign Code)
Interested citizens may be present.
FLORIDA STATUTE 286.0105 STATES: ANY APPLICANT APPEALING A DECISION OF THIS
BOARD MUST HAVE A VERBATIM RECORD OF THE PROCEEDINGS TO SUPPORT SUCH AN
APPEAL.
City of Clea~ater, FL
Lucille Williams, City Clerk
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