01/05/1983
':P' ,
, '
,'. ' .
...}'
,,:'
r~
~.'..rdI.~f!\~~~);~.~t!..>V\"~~~~,..
,--t/:. .
'~
.' "
, ,
~'
.',
"...._-_............,..~.
///
~J ~~,.
o
MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of January 5, 1983, 2:00 p.m.
AGENDA
1. Presentation of Filed Affidavits of
Violation
a. 54-82 Lilly Sheffield (Housing Code)
b. 55-82 Richard Tenney (License Code)
c. 56-82 Gail Hall (Fire Code)
d. 1-83 Stephen Beneke (Housing Code)
2. Public Hearings
a. 48-82 Spero G. McConnell (Fence
Code)
b. 50-82 Marilyn Robinson (Zoning Code)
- Continuance requested, see
letter attached to item.
c. 51-82 Jeralen Burt (Housing Code)
d. 52-82 Ronald and Diane Robertson
(Fire Code) Complied
e. 53-82 Daniel H. Markley (Housing
Code) Under new ownership,
inspector to ask for Board
direction.
~
<d
3. Unfinished Business
a. 10-82 Rental Properties and Inv.
Inc. (Housing Code) Affidavit
of Compliance
b. 38-82 Plas-Tech Industries (License
Code) Affidavit of Compliance
c. 40-82 J. H. Ford and Associates
(Environmental Code) Affidavit
of Compliance
ITEM 49-82
Schlmo Zadok (Housing Code)
Affidavit of Non-Compliance.
4. other Board Action
a. 12-81 Johnson-Albrecht
Clarification of date fine
to begin.
5.
New Business
6.
Minutes of December 1, 1982 meeting
~
V
7.
Adjournment
1 .
a. 2/2/83 @ 2:15 pm
b. 2/2/83 @ 2:15 pm
c. 2/2/83 @ 2:15 pm
d. 2/2/83 @ 2:15 pm
2.
a. Con't to 2/2/83
b. Denied continuance.
Comply by 1/7/83 @ 1:00 pm.
c. Comply by 1/19/83
d. Declared moot
e. House to be secured & made
safe within 48 hrs. Comply
within 150 days.
3.
a. Accepted
b. Accepted
c. Accepted
ITEM: Accepted
It.
a. Fine to begin 120 days after permit
obtained
5. Secretary directed to make changes
to rules and regulations to conform
to State Statutes.
6. Approved as submitted
7. It: 10 p.m.
c-:
\
.;
r
I' , ','.
,,_....
~...~.J.
CORRECTED
~
'0
NOTICE OF PUBLIC HEARING
S
J~ 1983,
MUNICIPAL CODE ENFORCEMENT BOARD - 2:15 p.m., Wednesday,
COMMISSION MEETING ROOM, CITY HALL, Clearwater, Fl.
To consider the following:
1 . Case No. 48-82, Spero G. McConnell (Fence Code)
2. Case No. 50-82, Mar llyn Robinson (Zoning Code)
3. Case No. 51-82, Jeralne Burt (Housing Code)
4. Case No. 52-82, Ronald & Diane Robertson (Fire Code) Complied
5. Case No. 53-82, Daniel H. Markley (Building Code)
Interested citizens may be present.
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.
CD
City of Clearwater, FL
Lucille Williams, City Clerk
@<.:'..
.'...,Jd
-..
f-
~..
/ "
..:,
'/
,J
f "
'r'::
" '
,I
~~..t;~ttM~---..",......--
__"'___-_,...-;......____......_-~.-.--......."""""l...~,--/ :-T",
~'
o
MUNICIPAL CODE ENFORCEMENT BOARD
January 5, 1983
Members present:
John Ehrig, Chairman
Don Winner, Vice-Chairman
Paul Carnahan
John F. Gerlach
Robert Hostetler
Lee Regulski
Member absent:
Sallie Parks
Also present:
Thomas A. Bustin, City Attorney
Elizabeth Daniels, Attorney for the Board
Cyndie Goudeau~ Secretary to the Board
CD
to order by the Chairman at 2:00 p.m. in
in City Hall. He outlined the procedures
party may appeal a final adminis tra ti ve
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
Board to have a verbatiul record of' the proceedings to support
an appeal.
this
such
The meeting was called
the Commission Meeting Room
and advised any aggrieved
order of the
PRESERT.lnOB OF FILED .lFFD).lVITS OF VIOLA'fiORS
CASE RO. 54-82
Lilly Sheffield (Housing Code)
Mr. Winner moved
at 2:15 p.m.
to set
The motion was duly seconded and
the Public Hearing for February 2, 1983,
carried unanimously.
CASE RO. 55-82
Richard Tenney
(License Code)
Mr. Regulski
1983, at 2:15 p.m.
unanimously.
moved to
The
set the
motion
Public Hearing for
was duly seconded
February 2,
and carried
CASE RO. 56-82
Gail Hall
(Fire Code)
@.'..'
, . '.' ~
';, .,'
1 .
1/5/83
/
'.
-,... ....,.,........
,I'
I
r--
~
~
:,'
"
",
"_.~_..,,,~.xtir~~.~;-t~WY,t1S.t~:!vrr:!:::f.lt;JO'1$."'A~._"bl",---._._~ ..,
,
I
!
, , ,
. . .:-....______,.....______"'...~U.____.:.<.lA~lflf__+~.;.,,""\~yr,..;~t~\.'~,,)i:~~'U,Ift~~~.~:. .
,r .....1
/ C~: _:
~
Mr. Winner moved to set the Public Hearing ~or February 2, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
j
!
;
I
I
1
l
I
j
CASE 10. 1-83
Stephen G. Beneke (Housing Code)
Mr. Winner moved to set the Public Hearing for February 2, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
PUBLIC BURIRGS
i
CASE RO. _8-82 Spero G. McConnell
1501 Osceola St. (Fence Code)
Due to the Inspector in charge of this case being dismissed from
his duties, the City is requesting that this hearing be continued
until February 2, 1983.
Mr. Regulski moved to continue this hearing to February 2, 1983.
The motion was duly seconded and carried unanimously.
CASE 110. 50-82
Marilyn Robinson
2046 Powderhorn
Violation)
Dri ve .
(Zoning Code
()
By a letter dated December 27, 1982, Mrs. Robinson has requested
that this be continued as she would be unable to attend on January
5, 1983.
Mr. Regulski moved to deny the request for continuance. The
motion was duly second~d and carried unanimously.
Ray Wyland, Zoning Enforcement
been received since October o~ 1981.
and the motor home has been moved.
Officer, stated complaints had
In the past they have gone out
Exhibit No.1, being a photograph of the motor home indicating
it has not been moved in some time, was submitted into evidence.
Mr. Wyland stated they have made 12 to 14 visits to the property
and the vehicle has not been moved.
Mr. Newton Lyle, owner of the property adjacent to the north,
stated that the motor home has been parked in the front yard over
the past two years and that it has been in the same spot for at least
four months.
Concerns were expressed regarding the
provision.
enforcement of this
Mr. Regulski moved that regarding Case Ro. 50-82 re: violation
of Section 131.220 of the Clearwater City Code on property with a
legal description as follows: Lot 54, Walden Woods Subdivision,
A
V
2.
1/5/83
r
"
'p-
r-
~
, I
.r',
.-
"--'-"~'~~'.IN6!h~.,..,)~rt!~~If.~~m;....t":~"'~~"oflI'~~I"'_,,~ .
I ,--
I
1
, ..,----,---'- ,,_,._...____._____....'_'__,...,...u_ _.,_~.~.,T~,_',..''''''_~.____/~ ~'~;--l'
i
-I
')
J
located at 2046 Powderhorn Drive, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing
held this 5th day of January, 1983, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of'
Fact, Conclad.ODS ot Lav, and Order.
The Findings of Fact are: The affidavit and testimony of
Inspector Raymond Wyland indicates a motor home has been placed in
the front setback area in excess of 48 hours.
,
,I
. I
Exhibit #1 being a photograph of said motor home and the
testimony of Mr. Lyle indicate same.
The Conc1usicms of Lav are: Marilyn Robinson is in violation of
Section 131.220 of the City Code.
C);.
, ,
, ,
It is the Order of this Board that: Marilyn Robinson shall comply
with Section 131.220 of the Code of the City of Clearwater by removing
said vehicle from the front setback area by 117/83 at 1 :00 p.m.
Inspection to be made at that time to assure compliance. If Marilyn
Robinson does not comply wi thin the time specif'ied, she shall pay
a fine of $10.00 per day for each day the violation continues to
exist. If Marilyn Robinson 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, Marilyn Robinson shall notify Ray Wyland, the
Ci ty 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.
Dane and Ordered this 5th day of January, 1983.
ClSE 10. 51-82
Jeralen Burt
1625 North Madison Avenue (Housing Code)
Elton Reichardt, Housing Code Inspector, stated this was a
single-family wood frame structure. He indicated the first inspection
was made on July 28, 1982. There were numerous violations including
water damage, deteriorated ceiling, electrical problems, holes
in the wall and the roof leaking. The housing inspection report was
sent to Ms. Burt on the 1st of July, 1982. Follow-up inspections
indicated that work was being done but all the violations were not
corrected.
Exhibit No. 1 being a copy of the July 1st report was submitted
into evidenoe.
~
~
3.
1/5/83
r
I " ",.'
,'?l"".,'.;,:;
. <~ :." ;~ :;:.;~ J I '. ,
',t.
-
r-
~'
',: I
'.
"
,'.'":'J
'. ;
,
I
. .
-
r---
~
~
...
..
'(, .,
1 l
..
"
(
i;
I~-"-~___""""'.__________'_._____'_'_.__________"_.~~__..o.-;:7]
! i
.'
..
, ..
" :
-
"': '"
,', ,,:.:'
, ~:..';;
;:':, .' ~. .~.
:::)
Final inspection was made January 4th and there was still work
to be done.
I'
'J.,
..
1
Ms. Burt stated that former tenants had caused the problems and
that she was doing the work as quickly as possible. It would take
her 3 or 4 days to finish the work.
',I,:,
. t~ )
;'. :~~
1-...'
~,:,'
t,:
Inspector Goodloe, the inspector
the violations have been corrected.
for
this
case,
indicated
.".
" ,:',': :,.".,;:;::::,,:.:
,..... ".'. .....::.>~'~i\..-. '::,::::":: .:'.;
. :': < ",/::(,,,,',(, ':;.';./-:,~";)})
" .', ,;~';~:/": ,:;:"i',;,;', '.'.'
.. . ',' , '.' ~,: ,:..,:,' ",' :i' '",..
, . ~..':'''. :,.:';.:,.: ': .:.".'
" ", ''', ":"";'\0:,: Ie", t
~. .... , ';'\;i:.' ,,':;:;'
.. , " ,,", ::-L.'{' .:~'
, ,,"" " :,'.,~ :,:':'.:':":"':'., .':::,!';'
" ,~~ :',..'::':::::\:-.,;, "': ";,,,.',,:.t
,'.' '" ,< ,.' " . "Y::',':': .'2 ?:,..,,':::,\
.~> ::,:";,,,;,;:,::,.,:>;,,;::::.;:; :I"
>, ", ';, ': ',' '; ',:',:: "c',\,:.:'. ',', ::,' ,
.:" ..' . " '. '"::,~, D:':::'
:': ':.,~,;,~ii,::::~",:';;~(?:Y;>:l "';.:.:::.
:~,>,:~ ::'" ,:',';~:{,: ;", ,:'" :~
i<:: ::".::,:,~i,..;.,:\;:,<, ,;:~' ::':;
[.'.: ,:,{ ~:/:".:;,:> :,.::~~~~: ' ','
,';:' ':"....'..;', " ':- ;;<;,
" '",' ',":' ,~" ,;
!:. " ::, "',,:;::',, ";', ;: '.: ':':, 'Y
\':',..," ',' :::
I,);',:',: )~\J;,';~};':,}<'
1f:, " '/::~:.',:.'.' ,.."..,:"'""
I ,,7 /,',;. ':-:'.";,,"'; <, ,'; }"
.' .: ;f':>;;-" ;':,\i; :.:: ' <y
" ..;..":;;',;.",',:..'>.' ',..:: ::';
."::;,':: "",;"""..',(,>" ,\,;. ':'
:~::" :':'t?> ;::;}i<'\:\
",..,/i ;:~\.: "i.
\:},.:,>.: :i:'
,:':.;':':, .;.::::, i, "
,::.:,,< ,," :.':"
,.;:;:;::':,X}'~O,:,;: :-.; ;
;", :>r<~ ,",::,: ,'. ',:::,. '}:-:
..:,~ " :';, ,:"', >,
~)~,::y .: t:; < 0:" i
;:';, ",;, ' :,;:,', ',,',
.::';,:;":,,,:;;>. ::\,',
",:'; ..,
'~i:,;\,\.:: ",'. :" "?!
,"':", ,','... ":,,,,:>, . '",:,c,' ,.,: ",.'
..', ,.':::: ':<':";""':"'" :,," "..'..', ,;.. "', ,;
~':::'~"'i:d~ .;;, :;:.-:i~.i ,::,~:~:~: :"',
, , ..',:':
:;' :,;\,:;':';. ' .,,:'C,
" .,':~ :P, '::',,':'
::," <.:<, :':l:,,' .' ;,::\,/':,
:::A:<::':',:;':;:, )" '.:":<':":'.:;'"
';, ,:', :,'::',,, ";:,~:; .': .. ,,' ::> :," , ,~.
': ' .:'. .,'\,.:,.....::;.":":"'..':,,,... '. :::':.',
::;"':..,,"',' ":>::, \:;-;;,
:,", ,'. "'ii:,." "" " (';.,: '
" .. ~, 'i:: ;<:.:::',:::.;},,,, ';',,' ""',,
" , :" ., ',,'. >i':::~\.}" C:., ,
.:: l.~'~\..:' \6:'?<~>;'~:. ,.~'r:':'"i '~"',
. . ~r!!,\ )'<'":',.':'''''
. .. ~. I' ,.) ~rr!.._ .'
.' . ,,'''' V "f::i~L
.,' :
~ l~.'
1
,I
Mr. Winuer moved that regarding Case Mo. 51-82 re: violation
of Section 138 of the Clearwater City Code (various sections of
Standard Housing Code) on property with a legal description as
follows: Fairmont SUbdivisi,:m, Block C, Lot 5, located at 1625 N.
Madison Avenue, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this
5th day of January, 1983, and based on the evidence, the Municipal
Code Enforcement Board enters the following Findings or Fact,
Conclusions ot Lav, and Order.
': .
"
"
, ., t.
"~ ".
" '
',' :~.,'
. - , . .
" ,
, :':,.'/
! ~
<,\
!
\ "
p" \
" oj
J
I
I
I
,I
:j
I
The Findings of' Fact are: By testimony given by Inspector
Reichardt and the owner it is established that there are still repairs
needed to bring the house into code compliance.
11' ..< .\ "
.. ,
'."
.
"
..
,
r_ '1>
The Conolusions at Law are:
of the City Code.
There is a violation of Section 138
'd
It is the Order of this Board that: Jeralen Burt shall comply with
Section 138 of the Code of the City of Clearwater by 1/19/83. If
Jeralen Burt does not comply within the time specified, she shall
pay a fine of $10.00 per day for each day the viola tion con tinues
to exist. If Jeralen Burt 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, Jeralen Burt shall notify Elton Reichardt,
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.
':i~:.;
,.r,
?,:,~
:.;:,':
", ':.i ;',
,;{.":
; (e' ,:" ':<:,
:./
:',~
;:','1
,I,'
.::
-'J,.
"',>
~!' :~~t
fl,. "; \~
). ','
t".
t<::y
l/.:
f,
i!
Done and Ordered this 5th day of January, 1983.
L
t,:;'
,I r~
:Ibr
ClSK RO. 52-82
Ronald A. and
316 Harnden Drive
Diane Robertson
(Fire Code Violation)
{ 1.:'
oJ/:>#
,,~::~
Mr. Gerlach moved to declare the case moot.
seconded and carried unanimously.
The motion was duly
,,'..
J}",
~:\;
';~.. ,.
""O,"~i""'\"'{'" ." ~
ED,:
". ~
....
. '
,".;'')
..~t~
',:,..
.
4.
1/5/83
tf;:~;it{l.
~-
"""~ ~l~~,\1:,'5'r':'::r:.:,. ,",',.;',.':,';',~,.:,',.,;y.,':;..'. ',',"
,., '. ':
-'-"
" ' ",. t~>(~,ljit\1..;~~':f{~.*~~~~~" ", ':. ,. , ", .' , ~,' ,~... ',..,,~..
; ,;; ':':";'},' , : ",'. ;'V..c. ' ",'" '''c,::-;,;, '.':",' . \,...:\."...>.;-:"':,.";.;.,.,.,'.''';'~c,..., "_.~ 'E':', .""";;~,,,~,,,,,,,,,,,'\,";I,,";':..
"'~{:':,il.f~(l~'f' ,t., "l~)~' r~l}'; .},,' . , . '. ,,; . If ~,' i'1'.' ,\ . ..- .y ... i' ',: ~ .,.,t,~ r". ..~~ ,..'~ ~'h." '1'r"'1i?V~~~~ .~~~ '" 't~-t
,:~'. ~ ,.,~ llt~~ ':, 1:"~::. ':.'r. '~4" ~f << .:'~~. ',: :/:' ";, . \. ,,~ . .:,} , ,. I" : >,,:,; ~~~. ""1 'J;\", . ,': .~. ','. .,'.:.: :? ~". ~'\:, ~ ~ ~,:'i'~.; ~~~~ ,:;:j.li~; '/ I. ,~~" ,',7: ;q : II ~.;f, .t." ..,~. ..~. ~j;~\~::~-:;~,
l(,.":,;;,~~t::~ J .J,......,I, ....'}r.:.....~l~\.:...I-/..L....,..:'t\::r.!j. ".... 'i"ly,1 .~,l:;,,\, '~'...' ,.- 1",:",'/:""~\'~~'.....~,I.,A'l'\.-~'.';..;.t~"';;"""j~~~'l.\!.":..,'i:.J;hl"'~lt~r)jJ;.tJ1o~,Y~.i:1.t/;,'~'\.!;~1 ~~~i
,t ....
....~ _.-...~~. ':.~.I~",;C""
,;::,:~'t; : ';" " ' ,_ ..
~ \. ,~:~. . ;,,.... ~: ....:.::, '.' ' " I,
; ";':t~ ': ':.j ..' ,. I' ' , ' , . , :". ~ 1 ~ " '.
'\ "
..
.. .,.,. '.' "
, ~~;;:~i;/:~::'::> ,',
,J"",;........'
,',
'<,
..
,'.' "",
"
,.' ;
'_', :'r"
. '., . ~ '
,.,.,'>,":~"",:i;<.:.':;"
"".\.' "'. .t', ".
" " "'I' ,~', . ,
~ ' . . ' " . .':. :1 _
-. '.,'
.. . ,(
.,'
~
-
,..,
I.
,.
','
':..
,r7
, I' ,': ", '
r
,
"
r-"
,.'
'J
i'
___-..l_.~~.!:{;i~..ri"~~~~'tIIt..n___
,1
~
'-' -, - - - _____~~._,~._~__~__.."_.._"..,.,,~_'A_._............."'_,,,.....,,~>JfI?:1""1llll'_"'~.M,*"""""'__m~'I' ",
/ .:;' '/
I
o
which the violation exists, pursuant to Chapter 80-300 Laws or
Florida, 1979. Upon complying, Robert White shall notify Ulen
Hopkins, 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.
After discussion Mr. Gerlach amended his motion to allow 150 days
for completion.
i
Mr. Hostetler moved to amend the motion to include, "said property
shall be secured and made safe wi thin 413 hours." The motion was duly
seconded and carried unanimously.
Upon the vote on the amended motion being taken Messrs. Ehrig, Winner,
Carnahan, Gerlach and Hostetler voted "Aye;" Mr. Regulski voted "Nay."
The amended motion carried.
Done and Ordered this 5th day of January, 1983.
ORFIUSBJm BUSIllESS
C1SB: RO. 10-82
Rental Properties and Investment Inc.
912 North Garden Avenue (Housing Code)
Mr. Gerlach moved to accept the Affidavit of Compliance.
I!"
V
The motion was duly seconded and carried unanimously.
The secretary was directed to notify Rental Properties that the
Affidavit of Compliance had been accepted and if they wished to
address the Board regarding the lien imposed they may do so.
C1SB: RO. 38-82
Plas-Tech Industries
2069 Gulf to Bay Blvd. (License Code)
Mr. Hostetler moved to accept the Affidavit of Compliance.
The motion was duly seconded and carried unanimously.
CASE RO. 110-82
J .
1201
Code)
H.
Betty
Ford
Lane
and
North
Associates
(Environmental
Mr. Hostetler ruoved to accept the Affidavit of Compliance.
The motion was dUly seconded.
Upon
Hostetler
carried.
the vote being taken Messrs. Ehrig, Winner, Carnahan,
and Regulski voted "Aye"; Mr. Gerlach abstained. Motion
A
V
6.
1/5/83
. , :. ,'".. ._,....H~ ._.,
....j.
. t"
, ' ,
,.. 00("
,
r-~
~
f '
n.
<~\.4<l:>,.41lMM~_",~~~.nr~~'~~!f!..'tJ1.Cit/J.{1'{~W~~~W~lIft-;To:~'1(;;"~~~II1Nr.~ll...u('J~~~'~~~""''''''''M\...,..~.~Il'>-~td.tw)~V.l~~~'~~~&'":.lM~.]...
I ~+ f...
~ ,~
()
ClSB 10. 119-82
Shlmo Zadok
91~ E. Druid Road
Mr. Gerlach moved to accept the Affidavit of Non-Compliance.
The motion was duly seconded and carried unanimously.
OTHER BOARD ICTIOR
ClSE 10. 12-81
Johnson-Albrecht
(Clarification of date fine to begin.)
The Board directed
beginning as of the date
peMllit plans "approved."
the
the
secretary to file
Building Department
the lien with
stamped
the fine
the building
NEW BUSllfESS
Mr. Winner moved
the rules changing
majority votes from 3
and City ordinances.
to
the
to
direct the secretary to make amendments to
number of members required for quorums and
4 to come into compliance with state statutes
The motion was duly seconded and carried unanimously.
t.M
\U
The Board directed the secretary to draft
Healey, Planning Director, regarding the concerns
provision for motor homes parked over 48 hours.
a letter to Dave
of enforcing the
MI1ItJ'l'BS
1,
as
The Chairman presented
1982, for consideration.
submitted. The motion was
the minutes of the meeting of December
Mr. Winner moved the minutes be approved
duly seconded and carried unanimously.
The meeting adjourned at 4:10 p.m.
Attest:~ ~ .
~ ~-Lb'
CJ.ty, ClerJ,c
,. ..-J
~
~0
7.
1/5/83