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11/03/1982 r' },.'. r--- ~. I , , , ~~~~~~~~________ ".__--...A.. .--.......--_."._---_..._..--~.........~----- -. -, -... .-----' I.! ., ) / o MUNICIPAL CODE ENFORCEMENT BOARD November 3, 1982 Members present: John Ehrig, Chairman Lee Regulski, Vice-Chairman Paul Carnahan John F. Gerlach Don Winner Robert Hostetler Member absent: Raymond Custer (excused) Also present: Thomas A. Bustin, City Attorney Elizabeth Daniels, Attorney for the Board Cyndie Goudeau, Board Secretary @ The meeting was called the Commission Meeting Room and advised any order of the of Pinellas days of Chairman outlined final the at 2:05 p.m. in the procedures administrative Circui t Court to order by the in City Hall. He aggrieved party may appeal a Municipal Code Enforcement Board to County. Any suoh appeal must be filed within thirty (30) the execution of the order to be appealed. Florida Statute 286.0105 requires any party appealing a decision Board to have a verbatim record of the proceedings to an appeal. He noted that of support this such PUBLIC HIWUlfGS CASE RO. 46-82 Plas-Tech (Zoning Code) Industries, Inc. Ray Wyland, Zoning Enforcemen t Officer, property this week. He indicated that dismantled and the employees are vacating the stated he inspected all machinery premises. is the being The City Attorney moved to dismiss the case as being moot. Mr. Regulski moved to motion was duly seconded. Upon Regulski, Carnahan, Gerlach and Hostetler voted abstained as he was absent from the last meeting. accept the the vote City Attorney's motion. being taken Messrs. "Aye i " Mr. Winner Motion carried. The Ehrig, 03'" "'1" ~j t-;~~'n 1 . 11/3/82 r ~ ' r r , L' ~'" I I' -tt'~~ft:'t~~\1!t;l'};I;{,>~:t':f?;;-!1!}~r""';7.'~::I?:::~:~:t'5r:'l"'It-:'"-'f:!'..ct'.:;'11(+.';~~;~~'e:~.!"""'.:""""""\~"";..~;-f...,!,"~\~I,"::U>;""~<l'.~""""",_ _...~"...._....~,,'t...,.,... ,.....-.._.,_...._,...'li_!O.'~Y.t..\l-~'itI4:,~~M'<.)....l'~.~~7-=..'"~'":>:.r~Jto'.'\:)lf,...,~._ F ) ~! :: I ,,'. ; I f 1 j 1 i I 1 I I I I I I I I 1 i I , I 1 I , . , j t 1 :t 1 . o " " ':-, " ., , ,;. " , , ,/ \ " , ,'1 . \.' o o CASE NO. 38-82 Plas-Tech (License Code) Industries, Inc. Phil Bennis, Utility Inspector for the Building Depa~tment stated he had inspected the property at 10:28 this morning. He reported there is a sign advertising the business and office equipment is still' inside the building. Plas-Tech needs an Occupational License even to perform administrative functions at this location. Upon being questioned Mr. Bennis indicated he had not so informed Plas-Tech. Bradford Clough, manager for Plas-Tech Industries, indicated they are moving from this location to an address in the county. They are not going to be conducting any business at the Gulf-to-Bay location. Mr. Regulski moved to continue Case Ro. 38-82 until the meeting of December 1, 1982. Motion died for lack of a second. Mr. Gerlach moved that regarding Case Ro. 38-82 re: violation of Section 71.02 of the Clearwater City Code on property with a legal description as follows: M & B 42.01, Section 13-29-15, located at 2069 Gulf-to-Bay Blvd., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held this 3rd day of November, 1982, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings or Fact, COIlclusiOl\8 of Law, and Order. The Findings of Fact are: The Board has accepted testimony by the Clearwater City Inspectors. The Conclusions of Law are: Plas-Tech is in fact in violation of Section 71.02 of the City of Clearwater Code by virtue of having a sign advertising Plas-Tech on the building and some very light administrative activities occuring inside the bUilding and not haVing an occupational license. It is the Order of this Board that: Plas-Tech Industries, Inc. shall comply with Section 71.02 of the Code or the City of Clearwater within 30 days. If Plas-Tech Industries does not comply within the time speCified, they shall pay a fine of $5.00 per day for each day the violation continues to exist. If Plas-Tech Industries does not comply within the time specified, a certified copy of this Order, together with an Arfidavit 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 exis ts, pursuant to Chapter 80-300 Laws of Florida, 1979. Upon complying, Plas-Tech Industries shall notify Phil Bennis, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concrrning compliance, either party may request a further hearing before the Board. 2. 11/3/82 ":~":::"" -'. ,~~.'1;. .;:~.<'~'. ,,:",:':.{":. ~ I . 1; , I \ \. !, L , '. ".' o. .. . ~. .~tr(~~':::;~:Y"';'l'J7.~t.-"t~'''~'I~:~(:::':'~/:';\;~';:j'N,ilv:'..<t:{.;: ~'.:. """ '.. _, . " " ' '--'<::-;:;W,r':-.---';;;:.j"""";;:""~~~~~~illd.~ il!il' .::.C,; ,,' .;~.:.~:~ti~';.:?':,:ij;;~.~ii';;r#:;~:;:~:t.J:,~c,~~~~~~~~~tJ.l <.:L~~r(: ~-"" ,~,-~~t:~;:r::;,:'.;r:~,:':':;', ' " , , . ,,-"",!r.',,,,,",, I ,,'.'. ":;' ,i',,' , '''\f~i;;~\:' C': .:. '.er". , ..., '...,. ',<,:;': .. :',~"f:~~" './:\'{: \;,:,.\,t.',~"~.~ . , .. lJ,:'-. '. . ./~ . ',. ~". ~.: ) . ' r-' . r- - - i: - " ,', ';'. \ ,"-, : " ~ '.' " ,'. .. ,,',. '" '. ~. , - ' \. , \ \ " I, '!....l,j ;...... 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Ehrig, Regulski, Carnahan, Gerlach and Hostetler voted "Aye;" Mr. Winner voted "Nay." Motion carried. I' t ,I, "" ! 'I j ,I I I Done and Ordered this 3rd day of November, 1982. " ':.: ,,:':,'::,:/ ~. , >"c\., " ..,::,,:,\> ')ji~',:,::'~":~:, ';::',;.: :}: :,'.' ";','.:.;:,.' '".' ;:,' ',' : ';'.' ,'~':';')t>:'i',i,:\.\ ! ;,," , " '~.);~~:<' ,:;: :",,: ' i, " " ",~.,"::" '~:!:" I', ,'.J.."',, ",. ::;:"" ,;",,:;: , " " " ", ~"';":': I, " " ,,', ':',?" . i...",:\ ", '" ' . ..' " .. ,,": ,'f,," ",::":,, '." " .:" t"", ;" "':',':',/~:;. ! L,: "\':'~,:>: ',:' "",.:;:}::.;t.,;~:,: l' , . '" '}<'~'.r "'". i~':;;/,::,;:<' :'~:. " ..:' /:,>',:',: '~~,~:' , ''':,: " "..~,,' ,; ',' ,,1,\\ , ,,::,'" i" : <:""..c'~;;:,::,::; .::' '>" , ,: ;" '::'.', :,' <,',. ):i::' '1;'\" ';\:l)~>:' ':')'::' "", , :.:(':, f>>'i.'~ ;~; I ..",' >::,~,,'; ../:.>:. ,', ~" ,/:,~',\;; :,; "":', ":':::",:f, :', '. 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" , ' ',' ': " :'~"i;':' '",:' "';':::<:'::J::"~c~':,::;',::,.~'", ,', ',.:":: " '.::,:'~'~/::;,;:; ,..,';"..,;.";,,:::'::.: ", ~:;,'::\,:,.:' ',,",',:F',:. ,." ,": . ,'", ,,:,,'::, <::"';:' :i' .'..' ..', , '.' ,', :, ':: " :;' '",;,,:;, ',;:'~:,;>i":?t}'B',,;: :, '.. ..,' ,':"",',. , ":',',<,i""<:'/;"" " "",;.,, __ _" '::..,,:}.i..:.\:.',:;C"C'c. : ;, ',',:",;:,"': ,,: ,.... ," ,;; , . "':.,,' '., .;. , \,', ""!:? CASE 80. 39-82 Plas-Tech (Zoning Code) Industries, Inc. The City Attorney moved to dismiss this case as moot. Mr. Gerlach moved to accept the motion for dismissal. The motion was duly seconded and carried unanimously. CASE 1fO. 23-82 Joseph A. Papp (Building Code) Walt Hilton, Chief of Permits & Inspections, stated the ordinance requires 10 ft between mobile home park structures. Joseph Papp reported he had worked out a solution with one owner and was waiting for the return of the adjoining mobile home owner before altering the structures. "" ,,~ .:.-.. Mr. Hilton explained the permit was issued due to insufficient plans being submitted. The drawing submitted with the application for permit showed the structure on Lot 220 being 6 ft away from the property line and did not show the adjoining mobile home unit extending over that property line. o Mr. Roy Ayres, Building Director, reported the code was under review at the time of this permit being issued. ,': ~.' ',' Discussion ensued and concerns were raised regarding which ordinance was in effect at the time of this permit's issuance. the fact that in mobile home parks lot lines are not binding and the fact that this construction precipitated a moratorium on mobile home park construction. '" ,.. ',C, :,:-: :',;;: , {': Mr .Gerlach moved that regarding Case lfo. 23-82 re: violation of Section 131.115 (2) (b2) Supplement f13 of the Clearwater City Code on property with a legal description as follows: Lot ff220 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 3rd day of November, 1982, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of' Fact, Conclusions of Law, and Order. , ..,' ~/ The Findings of Fact are: No evidence was submitted that a lot line was determined. Therefore, under Section 131.115(2)(b2) of Supplement f13 of the Clearwater City Code there must be 10 ft between the structures. Based on tes timony of Roy Ayres and Wal t Hilton the structures are not 10 ft apart. ",,",' :;';' ',,::', ':: '..',:" " ,.., ',<::", , ,,;,;,.',."', , :e,..,::, ,,';' ,~ V ..,:" 3. , ',..'" ,.: 'i,' ',; :',' ' :,,'., ) 11/3/82 ;.. ,; i ',; ':' : ;: ','-' ", ':~ " " ,'~ ..~...,:;.._....", 'f; '- .. ~.&~~~~., . . .~.;}j.:.~~:~ ~'~.l~: '~ ;.~>........~. ~ "... ",~. , I, " , .f',::,:";:t:;;:, ' .." ~;~~~~::'.j " ): f~~~-:'.-::1"~."""""'__.":':;':""__~:.,~::~'I;' ... ._ t":,'~ ,- i::.., ,>",';}"'" '::::':/~')'~'.,; >:&!:;~~~:',~ '.;,,/:: :::", ,'" ",' · .'u'<'"\;~i}:" "I."y, .. ,.... . 4. " r-' I I , .oJ , '. ' , -----'~'----~,.'------I-~I :/1 ", J The Conclusions of Law are: There is a violation in that the structure on Lot #220 is less than 10 ft from the adjoining structure. "; i .. j i J i ,I I' . , .. ,1 I t is the Order of this Board tha t: Joseph A. Papp shall comply with Section 131.115(2)(b2) Supplement #3 of the Code of the City of Clearwater within 45 days of this date. If Joseph A. 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. The motion was duly seconded and upon the vote being taken Mr. Gerlach voted "Aye;" Messrs. Ehrig, Regulski, Carnahan, Winner and Hostetler voted "Nay." Motion failed. Mr. Winner moved that regarding Case Mo. 23-82 re: violation of Section 131.115(2)(b2) Supplement fl3 of the Clearwater City Code on property with a legal description as follows: Lot #220 Kapok Mobile Home Park, located at 2950 Glen Oak Avenue, the Municipal Code Enforcement Board has heard testimony a t the Municipal Code Enforcement Board hearing held this 3rd day of November, 1982, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings or Fact, Conclusions of Law, and Order. The Findings of Fact are: Insufficient facts were presented to prove violation of Section 131.115(2)(b2) of Supplement #3 of the Clearwater City Code. The Conclusions of Law are: Mr. Joseph Papp did not violate Section 131.115(2)(b2) of Supplement #3 of the Clearwater City Code. o It is the Order of this Board that: Mr. Joseph Papp is hereby not proved to be in violation of 131. 115(2)(b2) of the Code of the City of Clearwater,and that the pending violation proceeding before the Board is dismissed. The motion was duly seconded and upon the vote being taken Messrs. Ehrig, Regulski, Carnahan, Winner and Hostetler voted "Aye;" Mr. Gerlach voted "Nay." Motion carried. DaDe and Ordered this 3rd day of November, 1982. CASK RO. 27-82 Orville W. Cassidy (Standard Building Code) Charles Reis, Building Inspector, stated a demolition permit had been obtained. Mr. Cassidy stated he had obtained the demolition permit, however, the demoli tion was going slower than he had planned and he asked for more time. Mr. Gerlach moved regarding Case Ro. 21-82 to declare the case moot. The motion was duly seconded. Mr. Hostetler moved to amend the motion to state it was declareu moot in view of the issuance of the demoli tion permit. The motion A V 11/3/82 ",:. l"':. ,i" ~...:..,:..: )'::1....: ,.,'" ~~ ~...,. r- ,r-' r- ~: ',1 o!, l" '~k"~~~~:1:;~ffLrt~~~~~~1tm~:~:t~~=~~~'~):l~3:1J..:tJt:,.~'t'~~~~1~~W'7~~qi;"'/..~"1"4~~1 4'~/,~",-:~~~~'~"'\-l'\'\";I1~;(I:~.~~r.t-<-:t;'';~~.J"'':'t~r:;l1'~....n~~...ql,.!t~:}:,".~"'b(:\t\fJ.~o:.l}..fo:~.uI-\1Jr.tOl'Cll'\~~~_. . " ' ," I I I ../-.\ i ." ..' was duly seconded and carried unanimously. o Upon the vote being taken the amended motion carried unanimously. I , { CASE RO. 47-82 Bradley "D" (Sign Code) Mr. Winner moved the case was moot. unanimously. that The due to motion compliance was duly having been seconded and obtained carried utii'" JJuSBED BUSDIESS eJSB HO. 31-82 J. C. Weaver (License Code) Mr. Gerlach moved to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. CASE 110. 113-82 Plas-Tech Industries (Fire Code) Mr. Winner moved to accept the Affidavit of Compliance. The motion was duly seconded. In response to a question, John Chester, Fire Inspector, stated the spraying that had occurred subsequent to the August 9th Order being issued was being done with a material that was not classified a high hazard. o Upon the vote being taken the motion carried unanimously. PRESaTATIOI OF P'ILED AFFIDAVITS OF YIOLAT1:OlIS CASE RO. 115-82 Continental (Fire Code) Towers Condomini,ums Mr. Winner moved to set the hearing date of December 1, 1982, at 2:00 p.m. The motion was duly seconded and carried unanimously. CASK RO. "8-82 Spero G. McConnell (Fence Code) Discussion ensued regarding whether or not Mr. McConnell had been advised to seek approval from the City Manager or the Ci ty Commission for the placement of the fence which is alleged to be in violation. Mr. Reis, the Inspector filing the Affidavit stated he had not. Mr. Winner moved to set the hearing date for January 5, 1983, at 2 p.m. and to notify Mr. McConnell regarding his opportunity to seek approval from the City Manager and City Commission. The motion was duly seconded and carried unanimously. @)",,", ;; "~ " '.,'.' 5. 11/3/82 ~ , ~' " ,',",' 'F I r , i:: ~~~w~~*'1:!~'W"J:f~t1.t?r?:~l~~'s"e':f~~~:ltr;\"(":.l1",t3IsV'f~~:;~,;:#}t-~;:'!!:l,;; ~~.:-f,t,l....:--!it't'tJ\""''''''1"<:':-.t.';''l.' w.; ::'iJ.-:'~_""!1~:1>"ofi~:,'fJJ~'l:t:,:,~,",:r~iJ:~'~'\::;:{i".i"''::-lt':~!:",'':'~I)....~,'J''l''rJ1:.fIl~t"'~:~'r,.ltr~d'hnA<;;:"'\.'kI!'t..,olt)~~........__,_~......... \ I I I ,- / ") I ../ l'~ CASE MO. 49-82 Robert (Owner) Hall, (Agent) for (Housing Code) Sclmo Zadok [, i I, I, o 1982 Mr. Winner moved at 2 p.m. to set the public hearing The motion was duly seconded and date for December 1, carried unanimously. 0"1'BJm BOARD ACTIOR CASE 110. 7-81 Mrs. Hoke Russell (Housing Code) very order. Discussion ensued regarding the little to bring the building into It has been over a year since the fact that Mrs. compliance wi th lien was filed. Russell had done the Board' 8 i Mr. Hostetler moved to direct foreclosure procedures in regard to dUly seconded and carried unanimously. the Case City WOe Attorney 7-81. The to initiate motion 'Was An amendment to the rules adding a quarterly notification to lien holders was presented to the Board. Mr. seconded Gerlach moved to adopt the and carried unanimously. amendment. The motion was duly Tom reordered the first Chaplinsky, Building to have presentation item on the agenda. Inspector, requested of filed Affidavi ts the agenda of Violation be as o Discussion information is hearing. The Secre tary rules reordering ensued provided regarding the Board when was directed the agenda. procedures to they are setting to dra ft the adequate a case for amendmen t to the insure lU.Bu:r~ The Chairman presented the Minutes of the Special Meeting of September 29, 1982 for consideration. Mr. Gerlach moved the motion was duly seconded and Minutes be approved carried unanimously. as submitted. The The Chairman presented 6, 1982 for consideration. the Minutes of the Meeting of October Mr. Hostetler moved the Minutes be approved as submi tt.ed. motion was duly seconded and carried unanimously. The /~ \!J ~ <-({^-- CJ.ty Clerk l_ The meeting adjourned at 5:~O p.m. L.~ 6. 11/3/8 ." .,:, r- .r-.. r- ~' . , ':~II<'Tt.l;'ttl'~~i:'l~..LW,i:h~J1J.::~is:l\WWt(;'t~<i:!.l;.Yh:.:"'","'''_''''__. .._-----_._...-.,._-_.~ -".-.' .-.---= _..--~~~I.-\Y,t#l".ll!J,"....,:.-.........___.___ / ~ '') o ACTION AGENDA - MUNICIPAL CODE ENFORCEMENT BOAR~ MEETING - DECEMBER 1, 1982 1 Public Hearings a. 45-82 Continental Towers Condominium (Fire Code) Hall (Agent) - Zadok (Owner) (Standard Housing Code) a. Comply by 1/31/83 b. lI9-82 b. Comply within 30 days 2. Unfinished Business Item: Stipulation between U.S. Homes and City re Case ~24-82 Board gave official notice that once terms of stipulation are met lien would be forgiven 3. Presentation of Filed Affidavits of Violations (Setting of Public Hearings) a. b. 50-82 51-82 52-82 Marilyn Robinson (Zoning Code) Jeralene Burt (Housing Code) & Diane Robertson (Fire a. b. 1/5/82 @ 1/5/82 @ 1/5/82 @ 2: 15 2: 15 2: 15 p.m. p.m. p.m. 53-82 Ronald Code) Daniel H. Markley Housing Code) c. c. d. (Standard d. 1/5/82 @ 2: 15 p.m. o lI. Other Board Action a. 11 -81 Clearwater Seville, Request for partial from Lien Johnson and Albrecht - Direct Secretary re filing of Lien Adopt Amendment to Rules of the Board Ltd. release a. Granted upon of Affidavit Compliance Directed to condition of b. 12-81 b. file lien c. c. Adopted 5. New Business a. New Affidavit of Violation filing procedure Nomination and Election of Chairman fo~ 1983 a. No presentation b. b. John Ehrig elected Chairman Don Winner elected Vice- Chairman 6. Minutes of November 3, 1982 meeting 6. Accepted as submitted 7. Adjournment 7. 5:12 p.m. .~