11/03/1982
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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,
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11/3/82
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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
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The motion was duly seconded and upon the vote being taken
Messrs. Ehrig, Regulski, Carnahan, Gerlach and Hostetler voted "Aye;"
Mr. Winner voted "Nay." Motion carried.
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Done and Ordered this 3rd day of November, 1982.
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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.
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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.
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Mr. Roy Ayres, Building Director, reported the code was under
review at the time of this permit being issued.
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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.
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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.
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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.
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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.
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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.
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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
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11/3/82
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was duly seconded and carried unanimously.
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Upon the vote being taken the amended motion carried unanimously.
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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.
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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.
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11/3/82
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CASE MO.
49-82
Robert
(Owner)
Hall, (Agent) for
(Housing Code)
Sclmo
Zadok
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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
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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
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CJ.ty Clerk
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The meeting adjourned at 5:~O p.m.
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11/3/8
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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.
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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.
.~