05/04/1983
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of May 4, 1983, 2:00 p.m.
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Agenda
1 .
Presentation of Filed Affidavits
of Violation - Set Public Hearing
33-83 Record Factory (Sign)
3~-83 Arthur Truokenbrodt
(License)
Stephen Beneke (Housing)
Stephen Beneke (Housing)
Ronnie Wooten (~icense)
a.
b.
c.
d.
e.
35-83
36-83
37-83
2.
Discussion regarding Clearwater
Seville Ltd., Case 111-81.
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3. Public Hearings
a. 17-83 Barmoor Printing (License)
Co.p11ed
b. 18-83 Country Clean Laundry
(License) C~lled
c. 19-83 Yacht Yard South (License)
COQ11ed
d. 20-83 John Tarr Interiors (License)
ec.plied
e. 21-83 Raymond M. Yohe (~icense)
eo.plied
f. 25-83 Phillip E. Sheffield (Zoning)
Calplied
g. 26-83 Lawrence C. Millender (Zoning)
h. 27-83 Edward Keefe (Lioense) Omt
or Bus1Deas
i. 29-83 Seville Condominiums, Inc.
(Standard Building)
CCBplled
j. 30-83 James R. Widden (License)
ea.plled
~. Unfinished Business
a. 24-82 u.S. Homes - Affidavit of
Non-Compliance
b. 54-82 Lilly Sheffield Affidavit
of Non-Compliance
c. 8-83 - Off Shore Lounge - Affidavit
of Non-Complianoe (see
letter attacbed)
5. Other Board Aotion
6. New Business
a. Discussion re Procedures
e.
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7. Minutes of April 6, 1983 and April
20, 1983.
8. Adjournment
ACTICII AGEllDA.
1.
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a.
b.
7/6/83 @ 2:15 p.m.
6/1/83 @ 2:15 p.m.
o.
6/1/83 @ 2:15 p.m.
6/1/83 @ 2:15 p.m.
6/1/83 @ 2:15 p.m.
d.
e.
2. Directed CA to olarify lien to
be only on the property beneath the
building.
3.
a. Withdrawn
b. Withdrawn
c. Withdrawn
d. Withdrawn
e. Withdrawn
f. Withdrawn
g. Comply by 5/13/83
h. Withdrawn
i. Withdrawn
j. Withdrawn
4.
a. Accepted
b. Accepted
c. Set rehearing for 6/1/83 @ 2:15
p.m.
5. None
6a. Consensus for Chairman, Vice-
Chairman, Legal Council & Sect'y
to meet 5/18/83 @ 2:00 p.m. to
establish new procedures.
7. Approved as submitted
8. 4 :20 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
May 4, 1983
Members present:
John Ehrig, Chairman
Don Winner, Vice-Chairman
John F. Gerlach (arrived 2:25 p.m.)
Sallie Parks
Paul Carnahan
Members absent:
Lee Regulski
(excused)
Also present:
Rick Greisinger, Assistant City Attorney
Elizabeth Daniels, Attorney for the Board
Cyndie Goudeau, Board Secretary
The meeting was called to order by the Chairman at 2:10 p.m. in
the Commission Meeting Room in City Hal~. He outlined the procedures
and advised any aggrieved party may appeal a final administrative
order of the 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
this Board to have a verbatim record of the proceedings to support
such an appeal.
The Board addresssed the Clearwater Seville, Ltd., item, CASK
10. 11-81 at this time.
Three residents of Seville building U12 addressed the Board
stating their concerns were that the assessments are being interpreted
as against the individual unit owners and they had no notifioation.
Discussion ensued regarding the intent of the Board at the time
of the pUblic hearing, the minutes and records were reviewed.
Mr. Winner moved that the City Attorney be informed that
according to the August 5, 1981 minutes, and the recollection of the
Board members, the intent of the Municipal Code Enforoement Board
was to seek the lien against the developer, Clearwater Seville, Ltd.,
by liening the property and not the building and direct the City
Attorney to clarify the lien as needed. The motion was duly
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5/4/83
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seconded. Upon the vote being taken Messrs. Gerlach, Hostetler,
Winner, Ehrig and Mrs. Parks voted "aye." Mr. Carnahan abstained as
he had abstained from the vote at the public hearing. Motion carried.
Mr. Gerlach moved to instruct release of the escrow funds in
the amount of $150.44 held in the trust account of Johnson, Blakely,
Pope, Boker, Ruppel and Taw, P. A. for J & Z Properties placed in
escrow for release of claim of lien on Unit 606. The motion was duly
seconded and carried unanimously.
The Board returned to item ~1.
PRESlllTATIOI OF FILED AFFIDAVITS OF YIOLATIOIIS
CASE 10. 33-83
Record Factory
1801 Gulf-to-Bay Blvd (sign code)
Mr. Hostetler moved to set the public hearing date for July 6,
1983 at 2:15 p.m. The motion was duly seconded and carried
unanimously.
CJSB 10. 3'-83
Arthur Truckenbrodt
1325 Drew Street (license code)
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Mr. Winner moved to set
at 2:15 p.m. The motion was duly seconded
the public hearing date for June 1, 1983
and carried unanimously.
CJSB 10. 35-83
Stephen G. Beneke
1904 DreW Street (housing)
Mr. Winner moved to set the public hearing date for June 1, 1983
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CASE 10. 36-83
Stephen G. Beneke
1904 Drew Street (housing)
Mr. Winner moved to set the public hearing date for June 1, 1983
at 2:15 p.m. The motion was duly seconded and carried unanimously.
CJSB 10. 31-83
Ronnie Wooten
1107 Osceola Avenue (license code)
Mr. Hostetler moved to set the public hearing date for June 1,
1983 at 2:15 p.m. The motion was duly seconded and carried
unanimously.
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PUBLIC BIlRIJIGS
CASE 110. 11-83
CASE 110. 18-83
CISE 10. 19-83
CASE JIO. 20-83
CASE 10. 21-83
CASE 10. 25-83
CASE 10. 27-83
CASE 10. 29-83
CASE 10. 30-83
Barmoor Printing (license code)
Country Clean Laundry (license code)
Yacht Yard South (license code)
John Tarr Interiors (license code)
Raymond Yohe (license code)
Phillip Sheffield (zoning code)
Edward Keefe (license code)
Seville Condominium 114 (building code)
James R. Widden (license code)
Mrs. Parks moved that CASE 117-83, 118-83, g19-83, g20-83,
g21-83, g25-83, #27-83, '29-83 and '30-83 be withdrawn upon the
request of the City Attorney as all violations have been corrected.
The motion was duly seconded and carried unanimously.
CASE MO. 26-83
Lawrence C. Millender
901 Palmetto St (zoning code)
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Leo Menendez, Zoning Enforcement Officer, stated they had
received a complaint about open storage on the property and had
inspected it. The area was being used for storage which is not
allowed by the zoning code except as a special exception granted by
the Board of Adjustment and Appeal on Zoning. Application was made
to the Board of Adjustment and Appeal on Zoning, but the request was
denied. Storage was still taking place on the property.
Exhibit No.1, Notice of Violation, sent to Mr. Millender was
submitted into evidence.
Mr. Millender stated he is in the process of Cleaning up the
property and hopes to be through within a few days.
Discussion ensued regarding which section was actually being
violated, as Section 131.143 as cited on the Affidavit of Violation
is Prohibited Uses, 131.142(1) is Special Exception, which was not
granted, and 131.141 being permitted uses. It was decided the section
that has been violated is 131.141. Mr. Millender indicated he
understood that his property is in violation of Section 131.141.
Mr. Gerlach moved that regarding Case 10. 26-83 re: violation
of Section 131.141 of the Clearwater City Code on property with a
legal description as follows: Lot 20, Block 2, Pine Crest Subdivision
located at 901 Palmetto Street, the MuniCipal Code Enforcement Board
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has heard testimony at the Municipal Code Enforcenent Board hearing
held this 4th day of May, 1983, and based on the evidence, the
Municipal Code Enforcement Board enters the following FindiDga ot
Pact, Coaclual00a or Law, 8Dcl Order.
The F1DdiDgs or Faot are:
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The Board has accepted testimony from Inspector Leo Menendez
and Mr. Lawrence Millender, the owner of the property and has accepted
city exhibit ~1, the Notice of Violation sent to Mr. Millender.
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The CoDolualoaa or Law are:
Mr. Lawrence Millender is in violation of Section 131.141 of
the Code of the City of Clearwater.
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It is the Order of this Board that: Mr. ~awrence Millender shall
comply with Section 131.141 of the Code of the City of Clearwater
by May 13, 1983. If Mr. Lawrence Millender does not comply within
the time specified, he shall pay a fine of $10.00 per day for each
day the violation continues to exist. If Mr. Lawrence Millender 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, Mr. Millender
shall notify Ray Wyland or Leo Menendez, 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 aDd Ordered this 4th day of May, 1983.
..-DlISBBD Bm~
CASE 10. 2'-82
u.s. Homes
2915 State Road 590 (affidavit of
non-compliance)
Stipulation entered into by U. S. Homes and the City of
Clearwater to settle an appeal by U. S. Homes of the Board's order
stated that the hot tub and fence in question could remain in place
for one (1) year from its construction, which was in April 1982.
As of this date the hot tub has not been moved.
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Mr. Winner moved to accept the Affidavit of Non-Compliance and
to include this item for consideration of forclosure of lien on the
November agenda. The motion was duly seconded and carried
unanimously.
CASE NO. 511-82
Lilly Sheffield
909 LaSalle street (housing code)
Mr. Winner moved
The motion was duly seconded
to acoept the Affidavit of Non-Compliance.
and carried unanimously.
CASE Ii(). 8-83
Off Shore Lounge
1445 u. S. 19 South
Mr. Robert Hayden,
to address the Board at
Attorney for Off Shore Lounge,
this time.
was allowed
He indicated that the letter stating the hearing had been
continued to April 6th had not been received by his client and
therefor they were not in attendance at the public hearing which set
the compliance date for April 20th.
Mrs Parks left the meeting at 3:30 p.m.
<1)
Mr. Hostetler moved
June 1, 1983 at 2:15 p.m.
unanimously.
to re-hear this case at the public hearing
The motion was duly seconded and carried
Mr. Gerlach moved to table consideration of the Affidavit of
Non~compliance. The motion was duly seconded and carried unanimously.
OTIIBR BOARD lCTIOII - None.
lEV BtflIIIKSS
Discussion regarding procedures.
Consensus was the Chairman,
Secretary meet at 2:00 p.m. on May
institute new procedures.
Vice-Chairman, Legal Council and
18th to discuss the need for and
MIIIU1'IS
The Chairman presented the minutes of the meetings of April 6
and April 20, 1983 for consideration.
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5/4/83