03/02/1983
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of March 2, 1983, 2:00 p.m.
AGENDA
1 . Presentation of Filed Affidavits of
Violation - Setting of Hearing Date
a. 9-83 Russell L. Freeman (Standard
Building Code) (Zoning Code)
b. 10-83 Nat Brittingham
c. 11-83 Kenneth E. Moss (Sign Code)
d. 12-83 Stephen G. Beneke (Standard
Building Code)
e. 13-83 Heffron of Florida, 222 N. Ft.
Harrison (Housing Code)
f. 14-83 Heffron of Florida, 228 & 228-1/2
N. Ft Harrison (Housing Code)
g. 15-83 Nat Brittingham (Zoning Code)
h. 16-83' Nat Brittingham (License Code)
2. Public Hearings
a. 48-82 (Con't from 2/2/83) Spero G.
McConnell (Fence Code) Complied
(see letter from City Manager)
0 b. 2-83 Inverness Condominiums (Sign Code)
Complied
c. 3-83 Ricky D. Rhodes (License Code)
d. 4-83 James Moore (License Code)
Complied (Housing Code)
e. 6-83 Helen L. Russell
Complied
f. 1-83 Jessie G. Karelis (Housing Code)
g. 8-83 Off Shore Lounge (Sign Code)
3. Unfinished Business
a. 20-81
Mandalay Shores - Affidavit of
Non-Compliance
Lilly M. Sheffield - Affidavit
of Compliance (partial)
b. 54-82
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ACTIOR
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a. 4/6/83 @ 2:15 p.m.
b. 4/6/83 @ 2:15 p.m.
c. 4/6/83 @ 2:15 p.m.
d. 4/6/83 @ 2:15 p.m.
e. 4/6/83 @ 2:15 p.m.
f. 4/6/83 @ 2:15 p.m.
g. 14/6/83 @ 2:15 p.m.
h. 4/6/83 @ 2:15 p.m.
2.
a. Dismissed
b. Withdrawn
c. Shall within 10 days discontinue
use of any material, accounts,
etc. bearing name of Rhodes
Construction Co. until such
time that an occupational
license is obtained.
d. Withdrawn
e. Withdrawn
f. Con't to 4/6/83
g. Con't to 4/6/83
3.
a. Accepted
b. Accepted
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MUNICIPAL CODE ENFORCEMENT BOARD
March 2, 1983
Members present:
John Ehrig, Chairman (arrived at 2:17)
Don Winner, Vice-Chairman
John F. Gerlach
Sallie Parks
Lee Regulski
Members absent:
Paul Carnahan (excused)
Robert Hostetler (excused)
Also present:
Thomas A. Bustin, City Attorney
Elizabeth Daniels, Attorney for the Board
Cyndie Goudeau, Board Secretary
A
V
The
p.m. in the
procedures ar.!1
administrative
Circuit Court
wi thin thirty
He noted that
a decision of this Board to
to support such an appeal.
by the
City Hall.
meeting was called
Commission
advised
order of the
of Pinellas
(30) days of
Florida
to order
Meeting Room in
any aggrieved
Municipal
Vice-Chairman at 2: 15
He outlined the
party may appeal a final
Code Enforcement Board to the
County. Any such appeal must be filed
the execution of the order to be appealed.
Statute 286.0105 requires any party appealing
have a verbatim record of the proceedings
PRBSEIITATI(IJ OF FILJm AFP'mAnTS OF VIOLlTIOIS
CASR &0. 9-83
Russell L. Freeman
802 Jurgens St. (Housing Code)
Mr.
at 2: 15
Regulski moved to set the Public Hearing for April 6, 1983,
p.m. The motion was duly seconded and carried unanimously.
CASK liO. 10-83
Nat Brittingham
2143 Viola Drive
(Zoning Code)
Mr.
at 2:15
Winner moved to set the Public Hearing for April 6, 1983,
p.m. The motion was duly seconded and carried unanimously.
CASK NO. 11-83
Kenneth E. Moss
1525 U. S. 19 South
(Sign Code)
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The Sign Inspector indicated this violation had been corrected.
The case was declared moot.
CASE 80. 12-83
Stephen G. Beneke
1306-1/2 Railroad
Building Code)
Ave.
(Standard
Mr. Winner moved to set the Public Hearing for April 6, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASE NO. 13-83
Heffron of Florida, Inc.
222 N. Ft. Harrison Ave. (Housing Code)
Mrs. Parks moved to set the Public Hearing for April 6, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASE RO. 1.11-83
Heffron of
228 & 228-1/2
(Housing Code)
N.
Florida,
Ft. Harrison
Inc.
Ave.
Mr. Gerlach moved to set the Public Hearing for April 6, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASE NO. 15-83
Nat Brittingham
2143 Viola Drive
(Zoning Code)
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Mr. Regulski moved to set the Public Hearing for April 6, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASE RD. 16-83
Nat Brittingham
2143 Viola Drive
(License Code)
Mr. Regulski moved to set the Public Hearing for April 6, 1983,
at 2:15 p.m. The motion was duly seconded and carried unanimously.
PUBLIC BIWmlGS
CASE RO. 48-82
Spero G. McConnell
1501 Osceola Ave. (Fence Code)
The violation has been resolved through a revocable permit issued
by the City Manager for the fence. Mr. Winner moved to dismiss the
case. The motion was duly seconded and carried unanimously.
CASE RO. 2-83
Inverness Condominiums
2587 Countryside Blvd. (Sign Code)
The Sign Inspector indicated the
The City Attorney requested the case be
to accept the request for withdrawal.
and carried unanimously.
violation has been corrected.
withdrawn. Mr. Regulski moved
The motion was duly seconded
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3/2/83
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CASK 110. 3-83
Ricky D. Rhoades
614 Smallwood Circle (License Code)
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Syd Snair, Occupational License Inspector, presented a history
of the case. City's Exhibits No.1 and No.2, a Hold Harmless agreement
signed by Ricky Rhoades indicating also known as Rhoades Construction
Company and a letter from Ricky Rhoades on Rhoades Construction
letterhead were submitted into evidence. Mr. Snair indicated he had
been in contact with Mr. Rhoades through telephone conversations
indicating that he still did not have the materials necessary to issue
an Occupational License. He indicated that the State Licensing Board
needed to certify the company before a license could be issued.
{
Ricky Rhoades indicated that they are trying to get the company
certified through Mr. Gabish, a licensed contractor. Their office
address is 1006 South Greenwood Ave. and they have a bank account
with the Bank of Florida in St. Petersburg. Rhoades Construction
Co. has been filed as a ficti tious name with the County. He
indicated he believed it would take six weeks for the certification
to go through with the State.
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City's Exhibit No.3, a copy of a business card indicating
Rhoades Construction Co. available for commercial, residential and
remodeling work was presented into evidence. Ci ty Attorney s ta ted
that in light of the letterhead, business card and Hold Harmless
Agreement Rhoades Construction Co.is holding themselves out do in
business in the City of Clearwater. Mr. Rhoades indicated he is
trying to obtain the necessary certification to allow him to obtain
the occupational license.
Mr. RegulSki moved that regarding Case Ro. 3-83 re: violation
of Section 71.02 of the Clearwater City Code on property with a legal
description as follows: Part of lot 149 and part of lot 151, Glenwood
Subdivision located at 614 Smallwood Circle, the Municipal Code
Enf'orcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held this 2nd day of March, 1983, and based
on the evidence, the Municipal Code Enforcement Board enters the
following F1nd.1D8s or Fact, Conclusions of Law, and Order.
The P1DdiDgs of Faot are: Ricky Rhoades has in Exhibit it 1 ,
a Hold Harmless Agreement to the City, presented himself as Rhoades
Construction Company. The other exhibits consisting of a letterhead
and a business card indicating Rhoades Construction Company, and Mr.
Rhoades' testimony that he holds a bank account in the name of Rhoades
Construction Company are facts that Ricky Rhoades is portraying
himself as a company in the construction business, known as Rhoades
Construction Company.
The Conolu.s1.ons or Law are: Ricky Rhoades has violated Section
71.02 of the City Code of Clearwater by presenting some evidence that
he is in business in the City of Clearwater without an occupational
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3.
3/2/83
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license.
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It is the Order of this Board that Ricky Rhoades is hereby declared
to be in violation of said Ordinance and be fined $100.00 and
furthermore shall desist from further use of any of the literature,
business cards, let terheads or anything pertaining to Rhoades
Construction Co. in the City of Clearwater until such time as he can
qualify for and obtain a City occupational license.
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The motion was duly seconded. Discussion ensued regarding
concerns of the immediate placement of a fine. Upon the vote being
taken Mr. Regulski voted "Aye" i Messrs. Gerlach, Winner, Ehrig and
Mrs. Parks voted "Nay". Motion failed.
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Mr. Gerlach made a motion which upon discussion he withdrew.
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Mr. Winner moved that regarding Case No. 3-83 re: violation
of Section 71.02 of the Clearwater City Code on property with a legal
description as follows: Part of lot 149 and part of lot 151, Glenwood
Subdivision located at 614 Smallwood Circle, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held this 2nd day of March, 1983, and based
on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Concll18ions of Wlw, and Order.
o
The Findings of Fact are: Ricky Rhoades has in Exhibit ~/l,
a Hold Harmless Agreement to the City, presented himself as Rhoades
Construction Company. The other exhibits consisting of a letterhead
and a business card indicating Rhoades Construction Company, and
Mr. Rhoades' testimony that he holds a bank account in the name of
Rhoades Cons truction Company are facts that Ricky Rhoades is
portraying himself as a company in the construction business, known
as Rhoades Construction Company.
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The Conclusions of Law are: Ricky Rhoade:'l has violated Section
71.02 of the City Code of Clearwater by presenting some evidence that
he is in business in the City of Clearwater without an occupational
license
I t is the Order of this Board that: Ricky Rhoades be given (10)
days to obtain an occupational license under the n~e Rhoades
Construction Co. or discontinue the use of the name Rhoades
Construction Company, holding that name out to do business, beyond
that 10 day period. If Ricky Rhoades does not comply within the time
speoified, he shall pay a fine of $20.00 per day for each day the
violation continues to exist. If Ricky Rhoades 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 oonstitute a lien against
the property upon which the violation exists, pursuant to Chapter
80-300 Laws of Florida, 1979. Upon complying, Ricky Rhoades shall
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3/2/83
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notify Syd Snair, 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 upon the vote being taken
Messrs. Gerlach, Winne", Ehrig and Mrs. Parks voted "Aye;" Mr.
Regulski voted "Nay." Motion carried.
DaDe and Ordered this 2nd day of March, 1983.
CASE 10. 11-83
James Moore
1819 North Highland Ave. (License Code)
The Inspector indicated the violation has
City Attorney requested the case be withdrawn.
accept the request for withdrawal. The motion
carried unanimously.
been corrected. The
Mr. Winner moved to
was duly seconded and
CASE 10. 6-83
Helen L. Russell
1871 McKinley St.
(Housing Code)
The inspector indicated that the violations have been corrected.
The City Attorney requested that the case be withdrawn. Mr. Gerlach
moved to accept the request for withdrawal. The motion was duly
seconded and carried unanimously.
CASE NO. 7-83
Jessie G. Karelis
1029 Iriquois St.
(Housing Code)
CD
The attorney for Mrs.
with the City Attorney.
reconvened at at 4:00 p.m.
Karelis requested an opportunity to speak
The Board recessed at 3:49 p.m. and
The City Attorney requested a continuance of this case to April
6, 1983, as a contractor is being obtained to correct the problem.
Mrs. Parks moved to continue the case to April 6, 1983, upon the
condition the City receive a copy of the contract between the
contractor and Mrs. Karelis and that the Building Permit be obtained
with all deliberate speed. The motion was duly seconded and carried
unanimously.
CASE 10. 8-83
Off Shore Lounge
1445 u. S. 19, South (Sign Code)
The attorney
be continued as
Attorney had no
until April 6,
unanimously.
representing Off Shore Lounge requested the case
he must be out of town on this date. The City
objection. Mr. Gerlach moved to continue the case
1983. The motion was duly seconded and carried
tJIIPIBISBIID BUSIIESS
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CASE 10. 20-81
Mandalay Shores Condominium
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Mr. Winner moved to accept the Affidavit of Non-Compliance.
The motion was duly seconded and carried unanimously.
CASE 10. 511-82
Lilly Sheffield
1020 Pennsylvania Ave. (Housing Code)
Mr. Winner
pertaining to the
secured and
seconded and
the Affidavit of
the Order l'equiring
"No Trespassing" signs pos ted. The
carried unanimously.
moved to accept
portion of
Partial Compliance
the building be
motion was duly
OTHER BOARD ACTION
None
REV Bmnmss
The Secretary reported a
a clarification of the fine
No. 11-81. After discussion the
information which they requested
of April 6, 1983. They
the Cohns indicating that
4, 1983.
by Mr. & Mrs.
at Seville
Board determined
be presented to
directed the Secretary to
they would be scheduled
request
imposed
Cohn to request
Condominiums, Caae
they needed further
them at the meeting
correspond wi th
to be heard May
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MIHtJ'l'ES
The Chairman presented the Minutes of the meeting of February
2, 1983 for consideration. Mr. Winner moved the Minutes be approved
as submitted. The motion was duly seconded and carried unanimously.
The meeting adjourned at 4:32 p.m.
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Chairma
Attest:
rf?v.' J' ·
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City Clerk
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3/2/83