02/02/1983
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ACTION AGENDA - MUNICIPAL CODE ENFORCEMENT BOARD MEETING - FEB. 2, 1983
1 .
Presentation of File Affidavits of
Violations
a.
2-83
,
Ir.?erness Condominiums (Sign
Cede)
Ricky D. Rhodes (License Code)
James Moore (License Code)
Crystal Palace (Sign Code)
Helen L. Russell (Housing Code)
Jessie G. Karelis (Housing
Code)
Off Shore Lounge (Sign Code)
2. Public Hearings
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b.
c.
d.
e.
f.
3-83
4-83
5-83
6-83
7-83
(Con't from 1/5/83) Spero
G. McConnell (Fence Code)
Lilly Sheffield (Housing Code)
Richard Tenney (License Code)
Complied
Gail Hall (Fire Code) Complied
Stephen Beneke (Housing Code)
3. Unfinished Business
g.
8-83
Continental Towers (Fire Code)
Affidavit of Compliance
Schlmo Zadok (Housing Code)
Affidavit of Compliance
Marilyn Robinson (Zoning Code)
Affidavit of Compliance
Jeralen Burt (Housing Code)
Affidavit of Compliance
Robert R. White (Daniel
Markley) (Housing Code)
Affidavit of Compliance
4. Other Board Action
<)
a.
48-82
b.
54-82
c.
55-82
d.
e.
56-82
1-83
a.
45-82
b.
49-82
c.
50-82
d.
51-82
e.
53-82
a.
20-81
b.
10-82
Mandalay Shores (HUD) - request
for extension to compliance
date of 12/2/82.
Rental Properties & Inv., Inc.
(Housing Code) - request to
waive fine ($5,875.00).
5.
New Business
6.
Minutes of January 5, 1983 meeting.
7.
Adjournment
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a. 3/2/83
2:15 p.m.
b. 3/2/83 - 2:15 p.m.
c. 3/2/83 - 2:15 p.m.
d. Complied-Declared moot.
e. 3/2/83 2:15 p.m.
f. 3/2/83 2:15 p.m.
g. 3/2/83 - 2:15 p.m.
a. Con't to 3/2/83
b. Secure Bldg. by 2/7/83,
pull permit in 30 days
work completed 45 days
later.
c. Case withdrawn.
d. Case withdrawn.
e. Comply within 45 days.
a. Accepted
b. Accepted, forgave fine.
c. Accepted
d. Accepted
e. Accepted
a. No action
b. Waived fine
None
Approved as sbumitted
3:37 p.m.
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NOTICE OF PUBLIC HEARING
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MUNICIPAL CODE ENFORCEMENT BOARD - 2:15 p.m.. Wednesday. February 2, 1983,
COMMISSION MEETING ROOM, CITY HALL, Clearwater, Fl.
To consider the following:
1 . Case No. lJ8-82 , Spero G. McConnell (Fence Code) (con't from 1/5/83)
2. Case No. 54-82, Lilly Sheffield (Housing Code)
3. Case No. 55-82, Richard Tenney (License Code) Complied
IJ. Case No. 56-82, Gail Hall (Fire Code) Complied
5. Case No. 1-B3, Stephen Beneke (Housing 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.
City of Clearwater, FL
Lucille Williams, City Clerk
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MUNICIPAL CODE ENPORCEMENT BOARD
February 2, 1983
Members present:
Don Winner, Vice-Chairman
Paul Carnahan
John F. Gerlach
Robert Hostetler
Sallie Parks (arrived at 2:25 p.m.)
Lee Regulski
Member absent:
John Ehrig, Chairman
(excused)
Also present:
Richard Griesinger, Assistant City Attorney
Elizabeth Daniels, Attorney for the Board
Cyndie Goudeau, Secretary to the Board
CD
The meeting was called
p.m. in the Conunission
procedures and advised
administrative order of the
Circui t Court of Pinellas
within thirty (30) days of
He noted that Florida
a decision of this Board to
to support such an appeal.
to order by the
Meeting Room in Ci ty
any aggrieved
Municipal
Hall.
PRBSBI'l'ATI:OB OF FILED AFFIDAVITS OF VIOLATIotfS
CASE RO. 2-83
I n v ern e sse 0 n d 0 m i n i u m s
2587 Countryside Blvd. (Sign Code)
Mr. Hostetler moved to set the Public Hearing for March 2, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASE .0. 3-83
Ricky D. Rhoades
614 Smallwood Circle
(License Code)
Mr. Hostetler moved to set the Public
at 2:15 p.m. The motion was duly seconded and
Hearing for March 2, 1983,
carried unanimOUSly.
CASE .0. 11-83
James Moore
1819 N. Highland Ave. (License Code)
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Mr. Regulski moved to set the Public Hearing for March 2, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
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CASE MO. 5-83
Crystal Palace
468 Mandalay Ave. (Sign Code)
Stuart Williams, Sign Inspector, indicated the violations have
been corrected. Mr. HOB tetler moved to declare the case moot. The
motion was duly seconded and carried unanimously.
CASE RO. 6-83
Helen L. Russell
1871 McKinley (Housing Code)
Mr. Gerlach moved to set the Public Hearing for March 2, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASH RO. 1-83
Jessie G. Karelis
1029 Iriquios St. (Housing Code)
Mr. Hostetler moved to set the Public Hearing for March 2, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASE 10. 8-83
Off Shore Lounge
14~5 U.S. 19, South (Sign Code)
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Mr. Regulski moved to set the Public Hearing for March 2, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
.f,
PtJBLl:C HElRDGS
CASE RO. 118-82
Spero G. McConnell
1501 Osceola Ave. (Fence Code)
At the Building Department's request Mr. Hostetler moved to
continue this case to March 2, 1983. The motion was duly seconded
and carried unanimously.
CASE KO. 511-82
Lilly Sheffield
1020 Pennsylvania Ave. (Housing Code)
Elton Reichardt, Housing Inspector, stated a complaint had
ini tia ted the inves tigation. The house was found in a very
dilapidated condition with vagrants residing inside. At the time
of the initial investigation the property was in the name of "Mamie
Horne, Estate." Mrs. Sheffield was declared the owner in September
of 1982, and she is t1"ying to sell the property to a church owning
adjacent property.
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City's Exhibit No.1, a copy of the official notioe sent to Mrs.
Sheffield regarding the violations and City's Composite Exhibit No.2,
a, b, c and d, photographs taJ.;en on the first of Februa1"Y Showing
the condition of the p1"operty were submitted into evidence.
2.
2/2/83
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Inspector Reichardt reviewed the violation stating that the worst
problems were holes in the roof, missing floor boards and a general
unsanitary condition.
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Mrs. Sheffield stated she would like more time to try and sell
the property to the church. She stated that if the church does not
buy it she will have the building torn down.
Mr.Regulski moved that regarding Case No. 511-82 re: violation
of Section Chapter 138 of the Clearwater City Code on property with
a legal description as follows: Unbd. N. 37.5 ft. of S 75 ft. of
N 105 ft. of Lot 29, Palm Park Subdivision located at 1020
Pennsylvania Avenue. The Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this
2nd day of February ,1983, and based on the evidence, the MuniCipal
Code Enforcement Board enters the following Findings o~ Fact,
CQIlclusiOlUJ o~ Law, and Order.
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The Findings o~ Fact are: The violations of chapter 138
stipulated on City's Exhibit #1, being the Offficial Notice of
Violation are substantiated by testimony of City Inspector Elton
Reichardt and City's composite Exhibit n2, being pictures of the
property in question.
The ConclusiCll8 o~ Law
of the Housing Code.
are:
Mrs. Lilly Sheffield is in violation
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It is the Order of this Board that: Mrs. Sheffield shall secure
the building by fully covering all windows and doors and any possible
places of entry, post signs of No Trespassing on the buiilding and
notify the Police Department that said signs exist by 2/7/83 at 1:00
p.m. An inspection shall be made at that time and if the buiding
is not secure, she shall pay a fine of $50.00 per day for each day
the violation continues to exist. Furthermore I she shall wi thin 30
days either correct all violations or cause the building and structure
to be removed from the property. If Mrs. Sheffield fails to comply
within the time specified, she shall pay a fine of $20.00 per day
for each day the violation continues to exist.
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If Mrs. Sheffield does not comply within the time specified, a
certified copy of this Order, together wi th 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.
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Upon complying, Mrs. Sheffield shall notify Elton Reichardt, the City
Official who shall inspect the property and notify the Board of
compliance.
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Should a dispute arise concerning compliance, either party may request
a further hearing before the Board.
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The motion was duly seconded. Discussion ensued concerning the 30
days for compliance. Mr. Regulski amended his motion to read, Mrs.
Sheffield shall within 30 days present evidence of a decision having
been made regarding refurbishing or demolishing the structure in the
in the fonn of a permi t being pulled and all work to be completed
within 45 days of the permit being pulled. The seconder accepted
the amendment.
Upon the vote being taken the amended motion carried unanimously.
Done and Ordered this 2nd day of February, 1983.
CASE NO. 55-82
Richard Tenney
2119 Gulf-to-Bay (License Code)
Phil Bennis, Inspector for the case, indicated the violation
has been corrected. The Assistant City Attorney requested that the
case be withdral~.
Mr. Regulski moved to accept the request for withdrawal. The
motion was duly seconded and carried unanimously.
CASE NO. 56-82
Gail Hall
582 Mandalay Ave. (Fire Code)
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James Goodloe,
have been corrected.
of the case.
Fire Inspector, indicated that the violations
The Assistant City Attorney requested withdrawal
Mr. GerlCJ.ch moved to accept the request for withdrawal. The
motion was duly seconded and carried unanimously.
CASE NO. 1-83
Stephen G. Beneke
1306-1/2 Railroad Ave. (Housing Code)
Ulen Hopkins, Housing Inspector, indicated a follow-up inspection
resul ted in violations being found. City's Exhibit No. " a
copy of the official notice to Mr. Beneke regarding the violations
was submitted into evidence. Mr. Beneke stipulated the violations
do exist and he is willing to demolish the building.
Mr. Gerlach moved that regarding Case Ro.1-83 re: violation
of Section Chapter 138 of the Clearwater City Code on property with
a legal description as follows: Lot 3, John Williams Subdivision,
located at 1306-1/2 Railroad Avenue, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board
hearing held this 2nd day of February, 1983, and based on the
evidence, the Municipal Code Enforcement Board enters the fOllowing
F1Ddings or Fact, Conclusions or Law, and Order.
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The Findings or Fact are: The testimony of City Inspector Ulen
Hopkins, and the owner, Stephen Beneke, along with City's Exhibit #1
have been accepted.
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The Conclusions of Law are: Said property is in violation.
It is the Order of this Board that: Stephen Beneke shall comply
with Section Chapter 138 of the Code of the City of Clearwater within
~5 days of 2/2/83. Ir Stephen Beneke does not comply within the time
specified, he shall pay a fine of $50.00 per day for each day the
violation continues to exist. If Stephen Beneke 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 .:.he Circui t 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, Stephen Beneke 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. The motion was duly seconded and carried unanimously.
Done and Ordered this 2nd day of February, 1983.
{Bl""lMlSBIm BUSDIESS
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CASK RO. 45-82
Continental Towers
675 Gulfview Blvd. South (Fire Code)
Mr. Gerlach moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
CASE 10. 119-82
~chlmo Zadok
914 E. Druid Rd. (Housing Code)
Mrs. Parks moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
It was reported the compliance date was missed by 19 days and
a fine of $19.00 is pending. Mr. Carnahan moved to forgive the $19.00
fine, The motion was duly seconded and carried unanimously.
CASE 110. 50-82
Marilyn Robinson
2046 Powderhorn Drive (Zoning Code)
Mr. Gerlach moved to accept the Affidavit of Compliance. Motion
was duly seconded and carried unanimously.
CASE 10. 51-82
Jeralen Burt
816 N. Betty Lane (Housing Code)
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2/2/83
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Mr. Hostetler moved to accept the Affidavit of Compliance. Motion
was duly seconded and carried unanimously.
CASE 110. 53-82
Robert White (formerly under name
Daniel Markley)
606 Belleview St. (Housing Code)
of
the
The
Mr. Gerlach moved
portion of the
motion was duly
to accept the Affidavit of Compliance regarding
Board's order requiring the bUilding be secured.
seconded and carried unanimously.
orDER l101BD lCTIOI
CASK 10. 20-81
Mandalay Shores Request for extension
to compliance date.
The Order of the
work be completed by
of the way complete.
Board issued
December 2, 1982.
December 2, 1981, required the
The construction is two-thirds
Roy
progress
they
dates
met.
Ayres, Building Director,
that is being made. After
would continue with their policy
but rather consider waiving the
sta ten he is
discussion the
of not
fine once
satisfied with the
Board determined
extending compliance
compliance has been
@
CASE NO.
10-82
Rental Properties
912 North Garden Ave.
& Inv., Inc.
(Housing Code)
is
Mr.
a fine of $5,875.00
Properties, came
be waived as he was
time this case was
This property
haVing accrued.
before the Board
recovering from a
heard.
now in compliance with
Hughes, representing Rental
and requested that the fine
very serious accident at the
Mr. Gerlach moved to waive
seconded and carried unanimously.
the
fine.
The motion was
duly
ow B~~
None.
MIlItJ'l'BS
The Vice-Chairman presented
5, 1983, for consideration.
approved as submitted. The
unanimously.
the minutes of
Mr. Hostetler
motion was duly
the meeting of January
moved the minutes be
seconded and carried
The meeting adjourned at 3:37 p.m.
ED
6.
2/2/83
"