10/06/1982
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of October 6, 1982, 2:00 p.m.
AGENDA
1. Public Hearings
(At the time a case
Board shall at the same time
compliance.)
is heard and date set for compliance the
set the fee to be assessed in case of non-
46-82
40-82
42-82
(Con't from 9/29/82)
Code)
Plas-Tech Industries,
Plas-Tech Industries,
(Con't from 9/1/82) Orville Cassidy
(Standard Building Code)
J. H. Ford & Associates (Environmental
Mr. Transmission (Sign Code) Affidavit
Plas-Tech Industries,
Inc.
(Zoning
38-82
39-82
27 -82
Inc.
Inc.
(License Code)
(Zoning Code)
(formerly
Albert Rogero)
Code)
of Compliance
filed
2. Unfinished Business
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22-82
28-82
Joseph Papp (Building Code) Affidavit of Compliance
Clara BOldog (Fence Code) Affidavit of Compliance
filed
filed
3.
Presentation of Filed Affidavits of Violations
45-82
47-82
Continental Towers Condominiums (Fire Code)
Bradley "D" (Sign Code)
4. New Business
4-81
Leroy F. Mitchell (Mai Tai Motor Inn)
on lien.
Consider foreclosure
Consider amendment to rules re notification of lien status.
5. Minutes of Previous Meeting
6. Adjournment
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CASK 110. JiO-82
J. H. Ford
Lane, North,
Management
& Associates (1201 Betty
Clearwater) Environmental
Mike Kenton, Assistant Public Works Director, stated that
approximately 6, four-ton truck loads of dredging spoil had been
placed on the subject property and was piled along the creek. During
rains, and due to the nature of the material, it is settling in
Stevenson's Creek, obstructing flow.
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John H. Ford, president of J. H. Ford & Associates, stated the
material was placed on his property with his permission by C. E.
Pierce Construction Co. through an agreement with Marina Del Ray.
He stated, however, that he had been told the material would be usable
fill but that the material placed on the property was of a clay-like
consistancy that caused it to roll and is unusable. Mr. Ford stated
he had not obtained permits for the fill as he assumed that was Marina
Del Ray'S responsibility.
Kip Pierce, Jr. of K. I. Pierce Construction Co. stated that
it was his company that had placed the material on the subject
property. Mr. E:vans of Marina Del Ray had contacted him to remove
8,000 cubic yards of bay bottom and had directed him to contact Mr.
Ford. Mr. Ford indicated to Mr. Pierce where to put the material
on his property. He also stated that he had assumed that Mr. Evans
had obtained the necessary permits.
C)
Mr. Hostetler moved that regarding Case Ro. 40-82 re: violation
of Sections 114.01l, 54.08 and 53.06 of the Clearwater City Code on
property with a legal description as follows: Pine Brook Subdivision,
Unit 2, Lot 13, located at 1201 Betty Lane, North, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held this 6th day of October, 1982, and
based on the evidence, the Municipal Code Enforcement Board enters
the fOllowing F1DdiD8a or Fact, Conclusions of Law, ancI Order.
The F1Dd1D8s of Fact are: Testimony given indicates 600 cubic
yards or more of fill material was placed on the property without
a permit.
The COaclus1C1U1 of Law are: J. H. Ford is guil ty in accordance
with the Notice of Violation issued July 16, 1982, citing Sections
111l.0~, 54.08 and 53.06 of the Clearwater Code.
It is the Order of this Board that: J. H. Ford shall comply with
Sections 114.04, 54.08 and 53.06 of the Code of the City of Clearwater
by November 1, 1982. If J. H. Ford does not comply within the time
speoified, he shall pay a fine of $100.00 pel" day for each day the
violation continues to exist. If J. H. Ford 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
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10/6/82
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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. H. Ford shall notify
Karen Ann Wilson,. 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.
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After discussion, Mr. Hostetler amended his motion to make the
compliance date November 15, 1982.
The amended motion was duly seconded and carried unanimously.
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DaDe aDd Ordered this 6th day of October, 1982.
The Board returned to Case No.46-82 which had been continued from
an emergency meeting of September 29, 1982.
CASE .0. 116-82
Plas-Tech
Zoning Code
Industries,
Inc.
Warren Wilson, at torney for Plas-Tech Indust ~ies, stated that
Plas-Tech was moving from the location at 2069 Gulf to Bay Blvd. and
hopes to be completely out of the building by November 1, 1982.
A
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Mr. Ayres stated he had been to the site on October 5 and that
only clerical functions were being performed at this time.
Mr. Custer questioned whether or not the empty drums that were
being stored outside would be moved before Plas-Tech has vacated the
premises. Mr. Wilson answered in the affirmative.
Mr. Gerlach moved to continue Case No. 46-82 until the
regularly scheduled meeting of November 3, 1982, at 2:00 p.m.
motion was duly seconded and carried unanimously.
next
The
C.ISI 10. 38-82 PIa s - T e chI n d u s t I" i e s , In c .
CASE 10. 39-82 License & Zoning Codes
Mr. Custer moved to continue Case No. 38-82 and Case No. 39-82
to the next regularly scheduled meeting of November 3, 1982, at 2:00
p.m. The motion was duly seconded and carried unanimously.
CASE 10. 42-82
Mr. Transmission ( 1370 U.S. 19, South)
Sign Code
Mr. Custer questioned what
Obtaining a permit after the fact.
fee assessed.
sort of a penalty there was for
Mr. Ayres stated there is a double
Mr. Custer moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
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3.
10/6/82
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C)
CASB 110. 22-82
Joseph A. Papp (2950 Glen Oak Avenue,
Kapok Mobile Home Park) Building Code
Mr. Custer moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
CASB RO. 28-82
Clara Boldog
Fence Code
(325 Gulfview Blvd.)
Mr. Gerlach moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
PRBSarATXOR OF AFFIDAWrrs OF VIOLA'fiOBS
CASK RO. 115-82
Continental Towers Condominiums,
(675 Gulfview Blvd.,S.) Fire Code
Inc.
Concerns were expressed as to whether or not there was a
violation or simply a dispute among residents of the condominium.
Mr. Custer moved to continue the setting of the public hearing
to the next regularly scheduled meeting on November 3, 1982, and
request the Fire Department provide further information. The
motion was duly seconded and carried unanimously.
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C1.SB RO. 117-82
Bradley "D" (811 Court St.) Sign Code
Mr. Gerlach moved to set the public hearing for November 3, 1982,
at 2: 00 p.m. The motion was duly seconded. Upon the vote being
taken, Messrs. Gerlach, Carnahan, Hostetler and Ehrig voted "Aye";
Mr. Custer abstained. Motion carried.
lEV BU~~
CASK 110. 4-81
Leroy F. Mitchell (Mai Tai Motor Inn)
Consideration of foreclosure procedures.
Mr. Hostetler moved to direct the City Attorney to initiate
foreclosure procedures for the lien placed against property located
at 100 Coronado Drive. The motion was duly seconded.
Discussion ensued regarding whether or not to forgive the lien
as compliance had been obtained.
Upon the vote being taken Messrs. Carnahan, Custer, Hostetler
and Ehrig voted "Aye"; Mr. Gerlach voted "Nay". Motion carried.
The Secretary to the Board requested an amendment to the rules
reinstituting a notification procedure for those properties with liens
filed against them.
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10/6/82
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Mr. Gerlach moved to instruot the Attorney for
the Secretary to the Board to draft an amendment
instituting a quarterly notification process. The
seconded and carried unanimously.
the Board and
to Article IX,
motinn was duly
The Chairman requested CASE 110. 7-81 be placed on the agenda
for the next meeting to consider aotion regarding the lien, which
is eligible for foreclosure. He also requested that Inspector Elton
Reichardt be present at the next meeting to give them a status report
on this case.
Mr.
be heard.
10-82 be
financing
Hughes, of Rental Properties and Investments, Inc. asked to
He requested that the lien filed in regard to elSE RO.
waived as they are having difficulty in obtaining the
to repair the buildings.
Discussion ensued on a motion to leave the fine in place and
to reconsider the fine once compliance is obtained. Inspector
Chaplinsky stated that six of the seven violations on which the Board
had issued an order were still not in compliance. The motion was
withdrawn. The Board took no action.
tu.UIJ5."j 01' PRnIOOS tusIrr.!llG
The Chairman presented the Minutes of the meeting of September
1, 1982, for consideration.
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The Secretary stated Mr. Regulski had indicated he was excused
from the previous meeting. Mr. Custer moved the Minutes be approved,
as amended, indicating Mr. Regulski's being excused. The motion was
duly seoonded and carried unanimously.
Discussion ensued regarding procedures during the hearing. It
was deoided the Secretary would read the facts behind the violation
and present the Board with any additional information they may need.
The meeting adjourned at 4:59 p.m.
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Lucille Williams, City Clerk
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10/6/82
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ACTION AGENDA - MUNICIPAL CODE ENFORCEMENT BOARD MEETING - NOVEMBER 3, 1982
b.
38 -82
Hearings
(Can't from
Industries,
(Can't from
Industries,
(Can't from
Industries,
(Can't from 9/1/82)
(Building Code)
(Can't from 1016/82) Orville W.
Cassidy (Standard Building Code)
Bradley "D" (Sign Code) (Affidavit
of Compliance filed)
Unfinished Business
31-82 J. C. Weaver - Affidavit of
Compliance
Plas-Tech Industries, Inc.
Affidavit of Compliance
Presentation of Filed Affidavits of Violations
~5-82 Continental Towers Condominiums
(Fire Code)
Spero G. McConnell (Fence Code)
10/6/82) Plas-Tech
Inc. (Zoning Code)
10/6/82) Plas-Tech
Inc. (License Code)
10/6/82) Plas-Tech
Inc. (Zoning Code)
Joseph A. Papp
1 .
a.
Dismissed
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1.
Pub lic
46-82
a.
b.
Comply within 30 days
c.
39-82
c.
Dismissed
d.
23-82
d.
Dismissed
e.
27 -82
e.
Dismissed
f.
47 -82
f.
Case declared moot
2.
a.
a.
Accepted
b.
~3-82
b.
Accepted
3.
b.
b.
Hearing set
2:00 p.m.
Hearing set
2:00 p.m.
Hearing set
2:00 p.m.
for 12/1/82
a.
a.
48-82
for
1/5/83
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49-82
c.
for 12/1/82
4.
R. Hall (Agent) S. Zadok (Owner)
(Housing Code)
Other Board Action
Adopt Amendment to the
regarding notification
holders.
Consider foreclosure on lien
against Mrs. Hoke Russell (Case
No. 7-81)
Minutes
Adjournment
Rules
to lien
a.
Adopted procedure for quarterly
notification
a.
b.
b.
Directed City Attorney to
initiate foreclosure
procedures.
Accepted as submitted
5:40 p.m.
6.
7.
6.
7.
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NOTICE OF PUBLIC HEARING
MUNICIPAL CODE ENFORCEMENT BOARD - 2:00 p..., Wednesday, Ro~r 3, 1982,
COMMISSION MEETING ROOM, CITY HALL, Clearwater, Fl.
To consider the following:
1. Case No. 46-82, (Con't from 10/6/82) Plas-Tech Industries, Inc.
(Zoning Code)
2. Case No. 38-82, (Con't from 10/6/82) Plas-Tech Industries, Inc.
(License Code)
3. Case No. 39-82, (Con't from 10/6/82) Plas Tech Industries, Inc.
Zoning Code)
4. Case No. 23-82, (Con't from 9/1/82) Joseph A. Papp (Building Code)
5. Case No. 27-82, (Con't from 10/6/82) Orville W. Cassidy (Standard
Building Code)
6. Case No. 47-82, Bradley "D" (Sign Code) (Affidavit of Compliance
filed)
Interested citizens may be present.
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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 Clearwater, FL
Lucille Williams, City Clerk
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