06/01/1983
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MUNICIPAL CODE ENFORCEMENT BOARD
June 1, 1983
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Members present:
John Ehrig, Chai~an
Paul Carnahan
Sallie Parks
Robert Hostetler
Absent:
Don Winner, Vice-Chairman (excused)
John F. Gerlach (unexcused)
Lee Regulski (excused)
Also present.:
Richard Griesinger, Assistant Cit.y Att.orney
Elizabeth Daniels, Attorney for t.he Board
Cyndie Goudeau, Board Secret.ary
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The meeting ",as
p.m. in the Commission
procedures and advised
Administrative Order of
Circuit Court
called to
Meeting Room in
any aggrieved
the Municipal
the
Hall.
order by
City
.......dICII ~ PILI:D AIP'IDlYn'S (II YIOUnOU
CUB m. 38-83
Chris Gallops
1106 Maple Street (Zoning Code)
Mrs. Parks
at 2:15 p.m.
unanimously.
6, 1983
oarrled
moved
The
to set
IIOtloD
the pUblic hearing
was duly
for
seconded
July
and
CUB 10. 39-83
Time Zone
393 Mandalay Avenue (Sign Code)
Mr. Hostetler
at 2: 15 p.m.
unanimously.
moved
The
public
duly
6, 1983
oarrled
to set
80tlOD
the
was
hearing for
seconded
July
and
CUB 10. ....3
McLeod & Sons Asphalt
551 N. Saturn Avenue (License Code)
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Mrs. Parks moved to set the public hearing for July 6, 1983
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at 2:15 p.m. The .ot;10D was duly seconded and aarrl.ed
unanimously.
C&SB ~. 11'-83 Jer-alne Bur-t
816 N. Betty Lane ( SoUd Waste Management
& Weed Control Code)
Krs. Parks
at 2:15 p.m.
unanimously.
moved
The
to set
1IOt;loD
the public hearing f'or
was duly seconded
July
and
6, 1983
carried
c.- ~. ~-83
Heffron of Florida Inc.
301 N. Ft. Ha~rison Avenue (Housing Code)
Hr. Hostetler moved
at 2:15 p.m. The
unanimously.
to se t
.ot;loD
the public hearing for July 6, 1983
was duly seconded and carried
CAS 10. 113-83
Joe H. Williams
1002 Vine Avenue (Standard BUilding Code)
Hrs. Parks moved to set
at 2:15 p.m. The .o~loD
unanimously. The Secretary was
Hearing posted on the property.
the public hearing for
was duly seconded
directed to have
July 6, 1983
and oarrled
the Notice of
PIIILIC ""DOS
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CASI 10. 8-83
Off Shore Lounge
1445 u.s. 19 South (Sign Code)
This case had been previously heard by the Board. on Apr-il 6,
1983. The alleged violator's attorney stat.ed they bad not been
notified of the hearing date and the case was set. for rehearing on
this date.
Neither the alleged violator nor their attorney was present.
Tom Chapl1nsky, Building Inspector, stated the sign was still
up and City's Exhibit '4, a picture showing the sign still in place
was submitted into evidence.
Mrs. Parks moved that regarding ca.. 10. 8-83 re: violation
of Section 143.21(a)(1) of the Clearwater City Code on property with
a legal description as follows: M&B 4...2A, Section 20-29-16. T'he
Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 1st day of June, 19B3, and
based on the evidence, the Municipal Code Enforcement Board enters
the following Pt...,t..,. ot hat, CClualua1~ or Law. ... ()rder.
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The P1aJ1..,- of hot
the Board agreed to
additional testimony.
are: Upon the request of the alleged violator
rehear case number B-83 in order to receive
Neither the alleged violator nor- their attorney
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appeared to give testimony before the Board. Additional testimony
given by Inspector Tom Chaplinsky and Exhibit '4, a picture showing
the sign still in place were accepted by the Board.
The CoDolualoaa or LaM are: The rehearing is denied as the alleged
violator was not in attendance. No evidence or testimony was
presented to the Board to support reconsideration of its previous
decision. Of'f Shore Lounge is in violation of Section 143.21 (a)
(1) and the Board reinstates its previous order as follows:
It is the 0rdIqt of this Board that Off Shore Lounge shall oomply
with Section 143 .21(a)( 1) of the Code of the City of Clearwater by
April 20, 1983. If Off Shore Lounge does not comply within the tUne
specified, they shall pay a fine of $10.00 per day for each day the
violation continues to exist. If Off Shore Lounge 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 Of'fice of the Clerk of the Circuit Court in and for
Pinellas County, and once recorded shall constitue a lien against
the property upon which the violation exists, pursuant to Chapter
80-300 Laws of Florida, 1919. Upon complying, Off Shore Lounge shall
notify Stuart Williams, the City Official who shall inspect the
property and notify the Board of compliance. Should a disput arise
concerning compliance, either party may request a further hearing
before the Board. The motion was duly seconded and carried
unanimously.
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DaDe aad Ordered this 1st day of June, 1983.
Mr. Hostetler moved to remove the Affidavit of Non-Compliance
for Case #8-83 f'rom the table and to accept it. The motion was duly
seconded and oarrled unanimously.
CIS8 10. 31-83
Rutenberg Model Homes,US Homes Corpl
Rutenberg Division
3350 Sandy Ridge Drive (Sign Code)
Tom Chaplinsky stated the flags are being used for advertising
and submitted City's Exhibit #1, a picture showing the flags in place.
Tom Lerhman, representative of US Homes Corp./flutenberg Division
stated the flags are now down. He questioned whether or not they
could get 3 variance in order to use the flags. It was stated he
could not.
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Mr. Hostatler moved that regarding Ca8I 10. 31-83 re: violation
of Section 143.31(7)(a) of the Clearwater City Code on property
with a legal description as follows: Property located on the North
and South sides of the intersection of' Sandy Ridge Drive and Landmark
Drive. The Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 1st day of June,
1983, and based on the evidence, the Municipal Code Enforcement Board
enters the following r1_I... or .....t. c.olulCllU or Law, UIII
Order.
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The FiDdtQsa or Pact are: In accordance with testimony and Exhibit
11, a picture of the property submitted by the Building Inspector,
flags haOle been used for advertising at this location. A
representative of US Homes Corp/Rutenberg Division states the flags
have been removed.
The CoDalualaaa or Law are: The display of flags for advertising
at this location is a violation of Section 1~3.31(7)(a) of the
Clearwater City Code.
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It is the Order of this Board that US Home Corp/Rutenberg Division
shall comply with Section 143. 31( 7)( 1) of the Code of the City of
Clearwater immediately. If US Home Corp/Rutenberg Division does
not comply within the time specified, he shall pay a fine of $25.00
per day for each day the violation continues to exist. If at any
time flags are found to be displayed at this location, the fine will
begin immediately. If US Home Corp/Rutenberg Division 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
P inellas County, and once recorded shall consti tue a lien against
the property upon which the violation exists, pursuant to Chapter
80-300 Laws of Florida, 1979. Upon complying, US Home Corp/Rutenberg
Division shall notify a BUilding Inspector,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
aarr1ed unanimously.
DaDe aDd Ordered this 1st day of June, 1983.
CA8B m. 32-83
Eagles Glen/US Home Corp/Rutenberg
Division
3167 Landmark Drive (Sign Code)
City Exhibit '1, being a picture Showing flags in place being
used for advertising was submitted into evidence. Mr. Lerhman,
representative for US Home stipulated there is a violation and that
they would be taken down immediately.
Mrs. Parks moved that regarding ea.. 10. 32-83 re: violation
of Section 143.31(7)(a) of the Clearwater City Code on property
with a legal description as follows: Property located at 3167
Landmark Drive, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this
1st day of June, 1983, and based on the evidence, the Municipal Code
Enforcement Board enters the following rladi~ or Pact, CoDalualaaa
or Law, aDd Order.
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The Piadlqa or Faot are: In accordance wi th tes timony
submitted by the building inspector and a representative of US Home
Corp/Rutenberg Division, and Exhibit 11, a picture of the property,
flags are being used for advertising at this location.
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The CODoluaiaaa or Law are: US Home COl"p/Rutenberg Division
is in violation of Section 143.31(1)(a) of the City Code.
It is the Order of this Board that US Home Corp/Rutenberg
Division shall comply with Section 143.31(1)(a) of the Code of the
City of Clearwater by June 3, 1983. If US Home Corp/Rutenberg
DiVision does not comply within the time specified, he shall pay a
fine of $25.00 per day for each day the violation continues to exist.
If at any time flags are found to be displayed at this location, the
fine will begin immediately. If US Home Corp/Rutenberg Division does
not comply within the time specified, a oertified copy of this Order,
together with an Affidavit of Non-Compliance, shall be reoorded 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, US Home
Corp/Rutenberg Division shall notify a BUilding Inspector, the City
Official who shall inspect the property and notify the Board of
compliance. Motion was duly seconded and carried unanimously.
Daae aDd ~ this 1st day of June, 1983.
CASE 10. 3'-83
Arthur Truckenbrodt
1325 Drew Street (License Code)
o
The Secretary reported the return receipt for the certified
letter notifying the alleged violator of the hearing has not been
received.
Mr. Hostetler moved to ~t~ this case until July 6, 1983.
The motion was duly seconded and aarr1ed unanimously.
CUB m. 35-83
C&SB m. 36-83
Stephen G. Beneke
612 Ermine Street East and West
Apartments (Standard Building Code)
Hr. Beneke stipulated that there are violations existing 1n the
duplex located on this property. The West apartment is occupied and
the East apartment is vacant and secured.
Hr. Hostetler expressed concerns regarding certain of the
violations existing in the occupied apartment.
Hrs. Parks moved that regarding Cue 10. 35-83 aDd ea.. 110.
36-83 re: violation of Sections 138.0 and 138.1 of the Clearwater
Ci ty Code on property with a legal description as follows: John
Williams Sub., ~ot 5, aka 612 Ermine Street. The Municipal Code
Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 1st day of June 1983, and based
on the evidence, the MuniCipal Code Enforcement Board enters the
following p~t.. or PM'. Caao1a1.. ot .... ad Order.
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The PladlD8s of' Faot
violations do exist.
are:
Stephen
G.
Beneke
stipulates
that
The CaDolud.aas of' Lav are: Stephen G. Beneke is
Seotions 138 and 138.1 of the Clearwater City Code.
in violation
of
It is the order of this Board that Stephen G. Beneke shall keep
the East apartment seoured and shall replaoe the defeoti ve ceiling
light in the east bedroom, clean stopped up sink and resecure to wall
in the batnroom, and repair or replace soft and loose rear poroh
flooring in the West apartment by June 15, 1983 and shall be giver:
120 days from this date to be in compliance with Sections 138 and
138.1 of the City Code. If Mr. Beneke 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. Beneke does not comply
witnin the t~e specified, a certified copy of these Orders, togetner
with the Affidavits 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 violations exists, pursuant to Chapter
80-300 Laws of Florida, 1979. Upon complyiug, Hr. Beneke snall notify
Ulen Hopkins, the City Official who shall inspect the property and
notify the Board of complianoe. Should a dispute arise conoerning
oompliance, either party may request a futher hearing before the
Board. Tne motion was duly seconded and oarried unanimously.
DaDe aDd Ordered this 1st day of June, 1983.
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CUI m. 37-83
Ronnie Wooten
1107 N. Osceola Avenue (License Code)
Tne Assistant City Attorney requested this oase be withdrawn
as compliance has been obtained.
Mrs. Parks moved to aocept the request for withdrawl.
was duly seconded and oarried unanimously.
The motion
c&SB m. 2'-83
David J. Gangelhoff
405 N. Ft. Harrison Avenue (Hearing Officer
Sitpulation)
Assistant City Attorney reviewed the oase. George Greer,
attorney for Mr. Gangelnoff t questioned if tnis is the right place
to be hearing this violation as it is not a violation of the City
Code, but rather a Hearing Officer Stipulation granting a speoial
exoeption. He moved the oase be quashed.
Mr. Hostetler moved to postpone this nearing until July 6, 1983
to give tne City Attorney the opportunity to researon the Code and to
determine what violation of the Hearing Officer's Order constitutes.
The motion was duly seconded and oarrt&d unanimously.
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CASE m. 26-82
Lawrenoe C. Millender
901 Palmet to Street
Non-Complianoe)
(Affidavit
of
Mrs. Parks moved to accept the Affidavit of Non-Compliance.
The motion was duly seconded and oarried unanimously.
A.
Cadillac Inc)
Street
Pine
CASE m. 28-83
J.
Davis (Dimmitt
605 Harrod Court and 604
(Affidavit of Compliance)
Mr. Hostetler moved to accept the Affidavit
The motion was duly seconded and oarried unanimously.
of
Compliance.
OI.-a BOlIO acrICII
The Secretary reported
be held with the Inspectors.
a request that a special work session
She was directed to set up the meeting.
lUau&~
The Chairman presented
for consideration. Mrs.
submitted. The motion was
the Minutes
Parks moved
duly seconded
of the meeting of May 4, 1983
the Minutes be approved as
and oarrie4 unanimously.
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The meeting adjourned at 3:59 p.m.
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Attest:
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City Clerk
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