09/29/1982
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MUNICIPAL CODE ENFORCEMENT BOARD
EMERGENCY MEETING
September 29, 1982
Members present:
John Ehrig, Chairman
Paul Carnahan
John F. Gerlach
Don Winner
Raymond Custer
Members absent:
Lee Regulski, Vice-Chairman, excused
Robert Hostetler, excused
Also present:
.-A
VV
Thomas A. Bustin, City Attorney
Elizabeth Daniels, Attorney to the Board
Cyndie Goudeau, Board Secretary
The meeting was called to order by the Chairman at 2:06 p.m. in
the Commission Meeting Room in City Hall stating this emergency
hearing was called at the request of the City Attorney. He outlined
the procedures and advised any aggrieved party may appeal a final
administrative order of the Municipal Code Enforcement Board to 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 BIWlDG
CASE '''-82 - Plas-Tech Industries, Inc., 2069 Gulf-to-Bay Boulevard
The City Attorney explained that due to flagrant violation of
the law this emergency meeting had been requested.
The application by Plas-Tech Industries for a special exception
to operate a manufacturing business in a CG zone was denied by the
Board of Adjustment and Appeal on Zoning at their September 8, 1982
meeting; however, Plas-Tech Industries has continued to operate.
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9/29/82
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Mr. Miller, co-owner of Plas-Tech Industries, requested a
postponement of this hearing as his attorney was unable to attend
and they did not have time to subpoena witnesses in their behalf.
The Board recessed at 2:14 p.m. to await the arrival of their
attorney and reconvened at 2:24 p.m.
The Board's attorney advised they had the option of either
continuing the hearing to a future date or taking what testimony they
could today and deciding at that point whether or not they wished
to conclude the hearing on this date.
The Chairman stated to Mr. Miller he noted his objection;
however, they would commence the hearing.
Roy J. Ayres, Building Director, reviewed the history of the
case since September 8th. After several citations, both verbal and
written, a final citation was issued on September 22, 1982, directing
Plas-Tech to stop operations immediately. The Building Department
was informed by residents of an abutting apartment complex that
manufacturing activities continued after that time.
Eight residents of Canterbury Oaks Apartments signed sworn
affidavits stating they had witnessed operations taking place at the
Plas-Tech location.
()
Mr. Ayres stated he observed employees working on a hot-tub on
September 16. All subsequent activities were witnessed by the
residents of Canterbury Oaks and not by inspectors of the Building
Department.
In response to a question from Mr. Miller, Mr. Ayres stated the
two men he observed working on a hot-tub appeared to be buffing or
polishing it and that he did consider that part of the manufacturing
process.
Ray Wyland, Zoning Enforcement Officer for the City of
Clearwater, stated the property is zoned CG and a special exception
is required for manufacturing operation in that zone and cited Section
131.1423 of the City Code.
Ed Wisely, resident of Canterbury Oaks, which is located directly
behind the Plas-Tech location, stated that on numerous occasions the
operations had continued past the September 8, 1982, date. He
reported the spraying operation had stopped as of Friday, September
24, 1982.
Raymond Roewert and Iris Merryweather, two other residents of
Canterbury Oaks, stated they also had observed operations continuing
at the Plas-Tech location.
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9/29/82
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ACTION AGENDA - MUNICIPAL CODE ENFORCEMENT BOARD MEETING - OCTOBER 6, 1982
1.
Q!. 146-82
b. 38-82
c. 39-82
d. 27-82
e. 140-82
f. 142-82
2.
a. 22-82
b. 28-82
3.
a. 145-82
b. 147-82
to
a. 4-81
b.
5.
6.
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Public Hearings
1 .
(Con't from 9/29/82)
Industries, Inc. (Zoning
Plas-Tech Industries,
(License Code)
Plas-Tech Industries, Inc.
(Zoning Code)
,(Con't from 9/1/82) Orville Cassidy
(formerly A. Rogero) (Standard BIdg Code)
J. H. Ford ~ Assoc. (Enviornmental Code)
Mr. Transmission (Sign Code)
Affidavit of Compliance filed
Plas-Tech
Code}
Inc.
a. Con't to 11/3/82
b. Con't to 11/3/82
c. Con't to 11/3/82
d. Con't to 11/3/82
e. Ordered compl. by 11/15/82
f. Accepted Aff. of Compo
Unfinished Business
2.
J. Papp (Bldg. Code)
C. Boldog (Fence
a. Accepted
b. Accepted
Presentation of Filed Affidavits
of Violations
3.
Continental Towers Condo. (Fire Code)
a. Requested more information
from Fire Dept. Will set
hearing at next meeting.
b. P. H. set for 11/3/82
Bradley IIDII (Sign Code)
New Business
4.
L. F. Mitchell (Mai Tai Motor Inn)
Consider foreclosure on lien.
a. Directed C.A. to initiate
foreclosure procedures.
Consider amendment to rules re notif. of
lien status
b.' Authorized drafting new
rule providing for
notification procedures.
Minutes of Previous Meeting
5. Approved as amended.
Adjournment
6. 4:59 p.m.
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