04/20/1983
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of April
20, 1983, 2:00 p.m.
Agenda
1.
Presentation of Filed Affidavits of
Violation
a.
24-83
David Ganglehoff
(Hearing Officer Order)
Rutenburg Model Homes (Sign)
Eagles Glen (Sign)
b.
c.
31-83
32-83
2.
Public Hearings
(A t the
for compliance the Board shall at the
time set the fee
non-compliance.)
time a case is heard and date
set
same
to be assessed in case of
@ a. 28-83 J. A. Davis
605 Harold Ct & 604 Pine St
(Housing Code)
3. Unfinished Business
a. 20-81 Mandalay Shores (Affidavit of
Compliance)
4. Other Board Action
5. New Business
6. Adjournment
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AcrDII AGIlIIDA
1.
a. 6/1/83 @ 2:15
b. 6/1/83 @ 2:15
c. 6/1/83 @ 2:15
2.
a. Comply within 20 days.
3.
a. Accepted Affidavit of Compliance
- Reduced fine to 10% of accrued
value.
4. None.
5. None.
6. 3:55 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
o
April 20, 1983
Members present:
Don Winner, Vioe-Chairman
Paul Carnahan
John F. Gerlach
Robert Hostetler
Lee Regulski
Absent:
John Ehrig (excused)
Sallie Parks (unexcused)
p.m.
The
in
Vice-Chairman at 2 :02
He outlined the
party may appeal a final
Code Enforcement Board to the
County. Any such appeal must be filed
days of the execution of the order to be appealed.
that Florida statute 286.0105 requires any party appealing
of this Board to have a verbatim record of the proceedings
such an appeal.
to order by the
Meeting Room in Ci ty
any aggrieved
Municipal
Hall.
meeting was called
the Commission
procedures and advised
administrative order of the
Circuit Court of Pinellas
within thirty (30)
He noted
a decision
to support
A
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P~&'!'IOB OF FILBD JWID1VIrS OF VIOLArIOIS
CASE RO. 211-83
David J. Gangelhoff
405 N. Ft. Harrison Avenue (Hearing Offioer
StipUlations)
Leo Menendez,
stipulations ordered by a Hearing Officer in
a Board of Adjustment and Appeals on
met. The Board questioned what special
had requested and whether or not he was using
setting of this hearing was continued until
be presented.
Zoning
Enforcement
Officer,
regard to
Zoning decision
exception
stated that
an appeal f'rom
have not been
I-tr. Gangelhoff
those privilages. The
further information could
CASK RO. 31-83
Rutenburg Model Homes
3350 Sandy Ridge Drive (Sign Code)
Mr. Gerlach moved to set the Public
at 2:15 p.m. The motion was duly seconded and
Hearing for June 1, 1983,
carried unanimously.
CJSB RO. 32-83
Eagles Glen
3167 Landmark Drive (Sign Code)
Mr.
at 2: 15 p.m.
Gerlach moved to set the Public Hearing for June 1, 1983,
The motion was duly seconded and carried unanimously.
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1.
April 20, 1983
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CASE 110. 28-83
J. A. Davis
605 Harold Court
(Housing Code)
&:
604
Pine
Street
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The City's composite exhibit no. 1 A-G, pictures showing the
condition of the property, was submitted into evidence.
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Inspector Ulen Hopkins stated he had been back to tne property
and that it is in worse condition than at the original inspection
as people are using the site as a dump. He stated it is a hazard
to the health, safety and welfare of the citizens. He reported there
were negotiations between Mr. Davis and Dimmit Cadillac for purchase
of the property.
Inspector Tom Chaplinsky stated a demolition contractor had been
in touch with him and had mentioned they had a contract from Dimmit
Cadillac to demolish the property.
The defendant was not present.
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t1r. Gerlaoh moved that regarding Case Ho. 28-83 re: violation
of Section 133.02 of the Clearwater City Code on property with a legal
description as follows: Lot 11 of Marshall E. Brandon Subdivision,
loca ted at 605 Harold Court and 604 Pine Street, the Municipal Code
&nforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held this 20th day of April, 1983, and based
on the evidence, the Municipal Code Enforcement Board enters the
folloliing Fil'\llt~ o~ Fact, Comalusiona of Law, aDd Order.
The F1rlcl1D8s o~ Fact are: The Board accepts
Inspector Ulen Hopkins and City Composite Exhibit
showing the condition of the property.
the tes timony of
1 A-G, pictures
The C<IIlol\uJloas of Law are:
Clearwater City Code.
Said property is in violation of the
It is the Order of this Board that: the owner as of this date shall
comply with Section 133.02 of the Code of the City of Clearwater
wi thin 20 days of this date. If the owner does not comply within
the time specified, he shall pay a fine of $100.00 per day for each
day the violation continues to exist. If the owner does not comply
within the time specified, a certified copy of this Order, together
with an Affidavit of Non-Compliance, shall be reoorded in the pUblic
records of tne Office of the Clerk of the Circuit Court in and for
Pinellas County, and once reoorded shall constitute a lien against
the property upon which the violation exists, pursuant to Chapter
80-300 Laws ot Florida, 1979. Upon complying, the owner shall notify
Ulen Hopkins, the City Official who shall inspect the pr'operty and
notifY the Board of compliance. Should a dispute arise concerning
compliance, either party may request a further hearj.ng before the
Board. The motion was duly se~onded and carried unanimously.
CD
Dooe aDd Ordered this 20th day of April, 1983.
2.
April 20, 1983
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Concerns were raised regarding proper notification to Dimmit
Cadillac. Both parties were notified of the hearing.
The Board returned to the setting of the public hearing date for
CASB 10. 2'-83, David J. Gangelhoff, 405 N. Ft. Harrison Avenue.
The special exception was for permission to store boats in a
parking area and it was stated Mr. Gangelhoff is doing so.
Mr. Ger lach moved to
1983 at 2:15 p.m. The
unanimously.
set the
motion
public hearing date
was duly seconded
for June 1,
and carried
ORI'IIIISHKD Bu:s~
CISE 110. 20-81
Mandalay Shores (Affidavit of Compliance)
Mr. Regulski moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
The Board allowed Mr. Alfred Hoffman to address them at this
time.
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Mr. Hoffman reques ted that the fine that has accrued to the
amount of $67,000 plus a previous fine of $1500 be waived. He
explained the process that they had gone through in order to remove
the abestos and rehabilitate the building, stating the only other
alternative was to completely evacuate the building to get the
asbestos removed more quickly.
F. J. Burr, president of Mandalay Shores Cooperative, spoke in
opposition to the waiver of the fine.
Roy Ayres, Building Director, stated he felt the work has
progressed as well as possible and in a reasonable manner.
it
was
Disscussion ensued regarding the effectiveness of the Board
forgives the fine and the fact the Building Director stated
satisfied with the progress that had been made.
if
he
Mr. Gerlach moved to waive the fine on Mandalay Shores in the
amounts of $67,000 and $1500 based on the acceptance of the Affidavit
of Compliance and the statements of the Building Director that the
work was completed in a reasonable amount of time. The motion was
duly seconded.
There was further discussion regarding waiving the fines and
the extenuating circumstances of this case.
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Mr. Carnahan moved to amend the motion to read "reduce the amount
of fines to 10% of the ordered value". The motion was duly seconded.
Upon tne vote on the amendment Messrs. Carnahan, Gerlach and Hostetler
voted "aye." Messrs. Winner and Regulski voted "nay." Amendment
carried. Upon the vote of the amended motion Messrs. Carnahan,
3.
April 20, 1983
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