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MUNICIPAL CODE ENFORCEMENT BOARD
September 1, 1982
Members present:
John Ehrig, Chairman
John F. Gerlach
Don Winner
Raymond Custer
Robert Hostetler
Members absent:
Lee Regulski
Paul Carnahan
(unexcused)
(excused)
Also present:
Thomas A. Bustin, City Attorney
Elizabeth Daniels, Attorney for the Board
Cyndie Goudeau, Board Secretary
C)
The meeting was called to order by the
the Commission Meeting Room in City Hall. He
and advised any aggrieved party may appeal a
order of the Municipal Code Enforcement Board to
of Pinellas County. Any such appeal must be filed within thirty (30)
days of the execution of the order to be appealed.
Florida Statute 286.0105 requires any party appealing a decision
this Board to have a verba tim record of the proceedings to
such an appeal.
Chairman at 2:10 p.m. in
outlined the procedures
final administrative
the Circuit Court
He
noted that
of
support
By
for U. S. Homes,
consensus the Board agreed
regarding Case No.
to hear
211-82.
Mr.
Kulokowski,
attorney
Mr.
1982,
Kulokowski explained
having been appealed
due to
to the
the Board's
Circuit Court
decision
and
7,
of
appealed to a Hearing Officer,
the effective date of the fine.
of July
the decision
the Board of Adjustment & Appeal on Zoning of July 22, 1982, being
U. S. Homes was requesting a stay of
Discussion ensued regarding the fact that U. S. Homes is not
in willful violation and is pursuing corrective action and that should
the Board's decision be upheld the fine should begin on the September
1st date.
Mr.
Case No. 24-82.
taken Messrs.
Hostetler moved to deny the request
The motion was duly seconded.
Hostetler, Custer and Ehrig voted
for a
Upon
"Aye";
stay regarding
the vote being
Messrs. Winner
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and Gerlach voted "Nay". Motion (}arried.
PUBLIC BElRIRGS
By consensus the Board agreed to hear Case No. 31-82 at
this time.
CASE 110. 31-82
J. C. Weaver (2050 Weaver Park Drive)
License Code
Phillip J. Bennis, Utility Inspector ror the Building Department,
indicated that upon a routine inspection Mr. Weaver was found
operating a leasing business without a license. Composite Exhibit
#1 being a photograph and advertisements indicating a leasing ofrice
at this address were admitted as evidence.
Mr. Weaver indicated he does lease portions of his bUilding and
that the businesses that rent from him are required to get an
occupat~ona1 license. He also stated he was not licensed in any way
in the City of Clearwater and that he was told on three different
occasions he did not need a license. Upon questioning he stated he
had 55 stores in the building.
Discussion ensued regarding the 25% penalty ree for not obtaining
a license, required by Florida statute 205.053.
Mr. Winner moved that regarding Case Ro. 31-82 re: violation
of Section 71.02 of the Clearwater City Code on property with a legal
description as follows: Bldg 6 desc as beg NW inter ~ R/W Weaver
Park Dr & W R/W Kapp Dr th W a1g R/W 406.58 ft th NOOD 06' E 222 rt
th S 890 ~3'00' E ~06.58 ft th S alg R/W 222 ft to POB cont 2.07 AC(C)
located at 2050 Weaver Park Drive, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enrorcement Board
hearing held this 1st day of September, 1982, and based on the
evidence, the Municipal Code Enforcement Board en tel's the following
r'\Dd"~ of Fact, Cooclua:lOlUl ot LalI, aDd Order.
The F1DdiDSa of Fact are: Mr. J. C. Weaver is invo1 ved in the
business of leasing space in Weaver Park located at 2050 Weaver Park
Drive. Both testimony and evidence offered as Exhibit 1, composite,
showing that Mr. Weaver does actually handle the leasing of his
property which is defined as conducting business wi thin the City of
Clearwater.
The Coacll~ ot Law are: J. C. Weaver is indeed in violation
of Section 71.02 of the Municipal Code which requires purchase of
an occupational license for conducting the business of renting
property in the City of Clearwater.
It is the Order of this Board that: J. C. Weaver shall comply with
Section 71.02 of the Code of the City of Clearwater by October 1,
1982, and the board further urges that the City consider waiving the
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9/1/82
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25% penalty fee.
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Mr. Winner accepted an amendment
"consider" before the phrase "waiving the
(}hanging the word "waiving" to "waive."
to
25%
delete
penalty
the word
fee" and
If J. C. Weaver does not comply within the time specified, he
shall pay a fine of $5.00 per day for each day the violation continues
to exist. If J. C. Weaver does not comply within the time specified,
a certi fied 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, J. C. Weaver shall notify Phillip Bennis, 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 amended motion was duly seconded and carried unanimously.
Doae aDd Ordered this 1st day of September, 1982.
ClSB: 110. 22-82
Joseph A. Papp (2950 Glen Oak Avenue
Lot 609, Kapok Mobile Home Park)
Building Code (Continued from 7/7/82)
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case.
home.
Roy Ayres, Building Director, presented a history
He stated Mr. Papp had cut back part of the adjoining
However, the distance still did not equal 10 feet.
of the
mobile
Mr. Papp presented a solution to the problem.
Mr. Gerlach moved that regarding Case Ro. 22-82' re: violation
of Section 131.115(2) (b) (2) of the Clearwater City Code on property
with a legal description as follows: Lot 609, Kapok Mobile Home Park,
located at 2950 Glen Oak Avenue, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing
held this 1st day of September, 1982, and based on the evidence, the
Municipal Code Enforcement Board enters the following Fi,,(It~ o~
Fet, CCDclwsiaaa ot Law, aDd Order.
The FiDdiDga ot Fact are: Based on testimony of Mr. Ayres and
Mr. Papp there is not a 10 foot spacing between the structure on Lot
609 and the structure on the adjoining lot.
The CaaclusiCJ118 ot Law are: Mr. Joseph Papp is in violation
of Section 131.115(2)(b)(2) of the City Code.
It is the Order of this Board that: Mr. Joseph Papp shall comply
with Section 131.115(2)(b)(2) of the Code of the City of Clearwater
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within 10 days of this date. If Mr. Joseph Papp does not comply
within the time specified, he shall pay a fine of $5.00 per day for
each day the violation continues to exist. If Mr. Joseph Papp 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, Mr. Joseph
Papp shall notify Roy Ayres, 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 and carried unanimously.
DaDe 8Dd Ordered this 1st day of September, 1982.
c.asE .0. 23-82
Joseph A. Papp (2950 Glen Oak Ave.,
Lot 0220, Kapok Mobile Home Park)
Building Code (Continued from 7/2/82)
Mr. Gerlach moved to continue this hearing until the meeting of
November 3, 1982, at 2:00 p.m. to allow Mr. Papp more time to contact
the owner of the mobile home in question. The motion was duly
seconded and carried unanimously.
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CASE RO. 26-82
Frank J.
Fence Code
Schebler (1432 Boylan Ave.)
(Continued from 8/4/82)
Mr. Custer moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
CASK RO. ZI-82
Albert L. Rogero (1452 Court St.)
Standard Building Code
(Continued from 8/4/82)
Charles Reis, Building Inspector, indicated the property is under
new ownership. Mr. Cassidy, the new owner, had asked for more time
to get an architect. Nothing has been done to date. He also
indicated the bUilding is open to the public as it is an interior
decorating and furniture store.
Mr. Hostetler moved to continue this hearing to the meeting of
October 6, 1982, at 2:00 p.m. to allow verification of new ownership
and notifying the new owner of the hearing. The motion was duly
seconded and carried unanimously.
The Board recessed from 4:20 p.m. to 4:27 p.m.
CASK WO. 28-82
Clara Boldog (325 Gulfview Blvd.)
Fence Code (Continued from 8/4/82)
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in
of the
Haddox,
done.
This hearing was
order for the Building
fence's height. Roy Ayres,
architect representing Clara Boldog,
continued from the
Department
meeting of August 4,
to obtain a certified
Building Director, stated
agreed to have the
1982,
survey
George
survey
Exhibit
of the fence,
evidence.
No.3,
done
a certified
by George
survey of
F. Young,
the elevation of the
Inc., was submitted
top
into
Mr. Ayres
City Code
increments
stated that
did not permit
of violation.
technically
leeway for
there was a violation,
construction error or
as the
small
Mrs. Evelyn Gibson was allowed to make a statement.
Mr. Gerlach moved to
Gibson retrieved a survey
seconded and carried
temporarily continue
she had in her car.
unanimously.
the
The
case while
motion was
Mrs.
duly
CASK m. 29-82
Inverness
Corporation
Sign Code
Condominiums, U. S.
(2581 Countryside
Home
Blvd.)
Mr. Gerlach moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
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CASE R>>. 36-82
Azalea Woods
Corporation
Sign Code
Condomini um, U.
(2460 Northside
S. Home
Drive)
Mr. Gerlach moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CISB 110. 32-82
Heffron of Florida,
N. st. Petersburg,
Inc.
FL)
(3950 9th Ave.,
Building Code
Mr. Gerlach moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
The Board returned to CASE RO. 28-82.
Mrs. Gibson presented her survey to the board.
height measurements were indicated.
However,
no
Upon questioning Mr. Ayres stated that if a fence
with a slight violation it is usually not pursued. However,
City Commission direction the Building Department did bring
before the Board.
is constructed
due to
this case
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Mr. Gerlach moved that regarding Case 110. 28-82 re: violation
of Section 131.2053(a) of the Clearwater City Code on property with
a legal description as f'ollows: Lots 63, 64, 65 & 66, Lloyd White
Skinner Sub. loca ted at 325 Gulfview Blvd., the Municipal Code
Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held this 1st day of September, 1982, and
based on the evidence, the Municipal Code Enforcement Board enters
the f'ollowing F1DdiD8s or Pact, Ccmclus1arm of Law, and Order.
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The FiDdiD8s of Fact are: Based on the testimony received and
Exhibit H3, a survey by George F. Young, Inc., the fence is 6.01 f'eet
in height which exceeds the height allowed by the Code by .01 feet.
The Conclus1oaa of Lav are: Clara Boldog is in violation of
Sec. 131.2053(a) of the City Code.
It is the Order of this Board that because of the insignificance
of the height discrepancy and the possibility of construction error,
that the fence shall remain as is.
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The motion was duly seconded. Upon the vote being taken Messrs.
Gerlach, Hostetler and Ehrig voted "Aye", Mr. Custer voted "Nay" and
Mr. Winner abstained as he was not present at the previous hearing.
Mot1.OIl rauee! due to the requirement of Florida Statutes 166.057(4)
requiring at least 4 affirmative votes for the action to be official.
Mr'. Custer moved that regarding Case 110. 28-82 re: violation
of Section 131.2053(a) of the Clearwater City Code on property with
a legal description as follows: Lots 63, 64, 65 & 66, Lloyd White
Skinner Sub. located at 325 Gulfview Blvd., the Municipal Code
Enforcement Board has hear'd testimony at the Municipal Code
Enforcement Board hear'ing held this 1st day of September', 1982, and
based on the evidence, the Municipal Code Enfor-cement Board enter's
the following F1DIiJIgs of Fact, Calcl.wtiOlUl ot' Lav, aDd Order.
The F1DcliDgs of Pact are: Based on the testimony recei ved
and Exhibit 83, a survey by Geor-ge F. Young, Inc., the fence is 6.01
feet in height which exceeds the height allowed by the Code by .01
feet.
The CoDcluaioas of' Law are: Clara Boldog is in violation of
Sec. 131.2053(a) of the City Code.
It is the Order of this Board that: Clara Boldog shall comply
with Section 131.2053(a) of the Code of the City of Clearwater by
grinding off that portion of the fence in violation to a height of
6 feet within 30 days from this date. If Clara Boldog does not comply
within the time specified, she shall pay a fine of $5.00 per day for
each day the violation continues to eKist. If Clara Boldog 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 recor-ds oC the Office of the Clerk of the Circuit Court
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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, Clara Boldog
shall notify Roy Ayres, 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
Messrs. Hostetler, Custer,
abstained. Motion carried.
seconded and upon the vote being
Gerlach and Ehrig voted "Aye j" Mr.
taken
Winner
DaDe abd Ordered this 1st day of September, 1982.
CASE RO. 37-82
Birge Meat Market
Sign Code
(725 Court St.)
Mr. Stuart Williams, sign inspector,
individual painting the sign to get
citation to Mr. Birge.
stated he had directed the
a permit and mailed the
Exhibit 01, a picture of the painting, taken 9/1/82, was admitted
into evidence.
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Mr. Williams stated that the violation constituted 1,092 sq. ft.
of sign plus the original sign that is at the north end of the
building. He stated that Mr. Birge could not get a permit without
a variance because the sign would exceed the size limitation. Mr.
Williams read the definition of a sign and stated this was a sign,
not a mural.
Mr. Alf Birge indicated he had assumed that Mr. Johnson, who had
done the painting, had a permit.
Composite Exhibit 02, being a petition in support of the painting
as a mural was submitted into evidence. The City Attorney objected to
the petition as being irrelevant.
Exhibit 03, being the business card for the Johnson Sign Co. was
submitted into evidence.
The City Attorney stated that under the definition of the code,
the painting is a sign.
Mr. Robert Hayden, attorney for Mr. Birge read into the record
a letter from the Downtown Development Board supporting the painting
as a mural. The City Attorney objected to the letter as being
irrelevant.
Alan Bomstein, Vice President for the Chamber of
representing the Board of Directors of the Chamber of
stated the Board had passed a resolution on the 28th
Commerce,
Commerce,
of August
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supporting the painting as a mural.
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The
record.
Ci ty Attorney requested
The request was denied.
the
testimony be stricken
from the
Mr. Winner moved that regarding Case 10. 37-82 re: violation
of Section 143.21(a)(1)(2)(3) of the Clearwater City Code on property
wi th a legal description as follows: Lot 5, Blk 14, Magnolia Sub,
located at 725 Court St., the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held
this 1 st day of September, 1982, and based on the evidence, the
Municipal Code Enforcement Board enters the following F1Dd1Dga ot'
Fact I Cc:lDolualams ot Law, aud Order.
The Fi1ldt~ of Fact are: The painting on the side of Birge
Meat Market has been found to be a sign within the definition of the
Clearwater City Code.
The Coac1\U'S10Dll of' Law are: Mr. Birge violated Chapter 143.21
of the sign ordinance by failing to obtain a sign permit.
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It is the Order of this Board that: Mr. Birge shall comply
with Section 143.21 of the Code of the City of Clearwater by March
31, 1?83. If Mr. Birge does not comply within the time specified,
he shall pay a fine of $1.00 per day for each day the violation
continues to exist. If Mr. Birge does not comply wi thin 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, Mr. Birge shall notify Stuart
Williams, 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 and upon the vote being taken
Messrs. Winner, Custer, Hostetler and Ehrig voted "Aye;" Mr. Gerlach
voted "Nay." Motion carried.
Daae aad Ordered this 1st day of September, 19B2.
1JIIPIIISBED BtJSDIESS
CISE WO. 2-82
Seville Condominium, Inc., Bldg. #14
Mr. Gerlach moved to authorize the cancellation of lien and
recommended the Building Department recheck BUilding #14 for any
further violations, and if there are any, file an Affidavit of
Violation. Motion was duly seconded and carried unanimously.
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