06/06/1983
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of July 6, 1983, 2:00 p.m.
Agenda ACT ION
~
1. Presentation of Filed Affidavits
of Violation - Setting P.H. Dates.
a. 44-83 William Georgilias (Zoning)
b. 45-83 Marilyn Robinson (Zoning)
o. 46-83 Pinellas Design Systems
(License)
d. 47-83 Jack C. Vasilaros (Building
Code)
e. 48-83 John & Donna Boskovich
(Building Code)
...
2. Public Hearings
a. 34-83 Arthur Truckenbrodt
(License)(cont'd from
6/1/83, to be cont'd)
b. 38-83 Chris Gallops (Zoning)
(request for continuance)
c. 39-83 Time Zone (sign) oa.plled
d. 40-83 McLeod & Sons Asphalt
(License) ~lled
e. 41-83 Jeralne Burt (Solid Waste
Management & Weed Control)
f. 42-83 Heffron of Florida, Inc
(Housing) oa.plled
g. 43-83 Joe H. Williams (Standard
Building Code)
h. 24-83 David J. Ganglehoff (Zoning)
(cont'd from 6/1/83)
3. Unfinished Business
a. 24-82 U.S.Homes - Affidavit of
Compliance.
b. 53-82 Robert White (Now owned
by Richard Koontz) Affidavit
of Non-Compliance.
c. 7-83 Jessie G. Karelis -
Affidavit of Compliance
d. 8-83 Off-Shore Lounge - Affidavit
of Compliance.
e. 31-83 u.s. Homes Corp. Rutenburg
Div. (Rutenburg Model Homes)
Affidavit of Compliance
f. 32-83 U.S. Home Corp. Rutenburg
Div. (Eagles Glen) Affidavit
of Compliance
g. 35-83 Stephen G. Beneke
Affidavit of Non-Compliance
4.
a.
Other Board Action
Procedure Discussion
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5. New Business
a. Set Special Work Session
b. Resignation of Mr. Lee Regulski
6.
Minutes of June 1, 1983 meeting
7.
Adjournment
1.a. Withdrawn
b. Withdrawn
c. 8/3/83
d. 8/3/83
e. 8/3/83
2.a. Cont'd to 8/3/83
b. Comply within 60 days
c. Withdrawn
d. Withdrawn
e. Comply by 8/2/83
f. Withdrawn
g. Cont'd to 8/3/83
h. Cont'd to 8/3/83
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3.a. Accepted
b. Accepted
c. Accepted
d. Accepted
e. Accepted
f. Accepted
g. Accepted
4.a. Cont'd to 8/3/83
5.a. 7/20/83
b. Accepted
6.
Approved as submitted
7.
~:07 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
o
Meeting of July 6, 1983, 2:00 p.m.
ACT ION
Agenda
1. Presentation of Filed Affidavits
of Violation Setting P.H. Dates.
a. 44-83 William Georgilias (Zoning)
b. 45-83 Marilyn Robinson (Zoning)
o. 46-83 Pinellas Design Systems
(License)
d. 47-83 Jack C. Vasilaros (Building
Code)
e. 48-83 John & Donna Boskovich
(Building Code)
o
2. Public Hearings
a. 34-83 Arthur Truckenbrodt
(License)(cont'd f~om
6/1/83, to be cont'd)
b. 38-83 Chris Gallops (Zoning)
(request for continuance)
c. 39-83 Time Zone (sign) oc.p11ec1
d. 40-83 McLeod & Sons Asphalt
(Lioense) ao.plled
e. 41-83 Jeralne Burt (Solid Waste
Management & Weed Control)
f. 42-83 Heffron of Florida, Inc
(Housing) oa.plied
g. 43-83 Joe H. Williams (Standard
Building Code)
h. 24-83 David J. Ganglehoff (Zoning)
(cont'd from 6/1/83)
3. Unfinished Business
a. 24-82 U.S.Homes - Affidavit of
Compliance.
b. 53-82 Robert White (Now owned
by Richard Koontz) Affidavit
of Non-Compliance.
c. 7-83 Jessie G. Karelis -
Affidavit of Compliance
d. 8-83 Off-Shore Lounge - Affidavit
of Compliance.
e. 31-83 u.S. Homes Corp. Rutenburg
Div. (Rutenburg Model Homes)
Affidavit of Coapliance
f. 32-83 u.S. Home Corp. Rutenburg
Div. (Eagles Glen) Affidavit
of Compliance
g. 35-83 Stephen G. Beneke
Affidavit of Non-Compliance
'.
4. Othe~ Board Action
a. Procedure Discussion
5. New Business
a. Set Special Work Session
b. Resignation of Mr. Lee Regulski
6.
Minutes of June 1, 1983 meeting
7.
'Adjournment
.
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.a. Withdrawn
b. Withdrawn
c. 8/3/83
d. 8/3/83
e. 8/3/83
2.a. Cont'd to 8/3/83
b. Comply within 60 days
c. Withdrawn
d. Withdrawn
e. Comply by 8/2/83
f . Withdrawn
g. Cont'd to 8/3/83
h. Cont'd to 8/3/83
3.a. Accepted
b. Accepted
c. Accepted
d. Accepted
e. Accepted
f. Accepted
g. Accepted
~.a. Cont'd to 8/3/83
5.a. 7/20/83
b. Accepted
6.
Approved as submitted
7.
4:01 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
o
July 6, 1983
Member's present:
John Ehrig, Chairman
John F. Gerlach
Sallie Parl<s
Lee Regulski
Paul Carnahan
Robert Hostetler
Absent:
Don Winner, Vice-Chairman (excused)
Also present:
Rick Greisinger, Assistant City Attorney
~lizabeth Daniels, Attorney for the Boar'd
Cyndie Goudeau, Board Secretary
()
The meeting was called to order by the Chairman at 2:00 p.m. in
the Commission Meeting Room in City Hall. 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.
In order to provide cont:1nuity for research, the iteu w111 be listed
in 888Dda order although not discussed in that order.
PRESmlTATIOR OF PILED AFFIDAVITS OF VIOLATIOlIS
ClSE HO. llJi-83
William Georgilas
883 Eldorado Ave.
(Zoning Code)
The Zoning Enforcement officer indicated the violation has been
corrected. The Case was ~ithdrawn.
ClSE RO. 115-83
Marilyn Robinson
2046 Powderhorn Dr. (Zoning Code)
The Zoning Enfol'cement OfCicer indicated the violation had been
corrected. The case was ~ithdrawn.
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July 6, 1983
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CASE NO. 46-83
Pine lIas Design System
2531 Enterprise Rd. (License Code)
o
Mr. Hostetler moved to set the public hearing date for August
3, 1983 at 2:15 p.m. The motion was duly seconded and carried
unanimously.
CASE NO. 47-83
Jack C. Vasilaros
11 Heilwood St. (Standard Building Code)
Mr. Hostetler moved to set the public hearing date for August
3, 1983 at 2:15 p.m. The motion was duly seconded and carried
unanimously.
CASE NO. 48-83)
John & Donna Boskovich
1155 Sedeeva St. (Standard Building Code)
Mr. Hostetler moved to set the public hearing date for August
3, 1983 at 2:15 p.m. The motion was duly seconded and carried
unanimously.
PUBLIC HRlRIHGS
CASE NO. 3"-83
Arthur Truckenbrodt
1325 Drew St. (License Code)
()
The Secretary reported that she has been unable to have the
notice of hearing delivered. Mrs. Parks moved to continue the hearing
to August 3, 1983. The motion was duly seconded and carried
unanimously.
CASE NO. 38-83
Chris Gallops
1106 Maple st. (Zoning Code)
The Chairman reported on a letter from Mr. Gallops requesting
the hearing be continued since he is out of town and the landlord
has given him notice to vacate the property. The Assistant City
Attorney objected to the continuance as this violation has been in
existence for some time and no effort has been made to correct the
problem. Mrs. Parks moved to deny the request ~or continuance and
to proceed to hear the case at this meeting. The motion was duly
seconded. Upon the vote being taken, Messrs. Hostetler, Carnahan,
Regulski, Ehrig and Mrs. Parks voted "aye", Mr. Gerlach voted "nay"
Motion carried.
Leo Menendez, Zoning Enforcement Officer, stated the violation
is maintaining a junk salvage yard in a ML zone. This is a prohibited
use in this designation. He stated the condition of the property
has worsened since the first citing of violation. City Exhibits 1
and 2, pictures of the property were submitted into evidence. Mr.
Gallops was not present at the hearing.
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2.
July 6, 1983
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Concerns were expressed whether or not the articles stored on
the property were needed for the auto shop operating on the premises.
Mr. Regulski read into the record the definition of salvage yard.
It was stated that most auto repair shops do not keep used parts on
the premises.
Mr. Gerlach moved that regarding Case Ro. 38-83 re: violation
of Section 131.169(2) of the Clearwater City Code on property with
a legal description as follows: SWh 10-29-15 Block D Country Club
Addition, located at 1106 Maple Street, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board
hearing held this 6th day of July, 1983, and based on the evidence,
the Municipal Code Enforcement Board enters the following Findings
ot Fact, Conclus101JS of'Law. cmd Order.
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TheFiDdiQga ot Fact are: The Code Enforcement Board has accepted
testimony from Leo Menendez, Zoning Enforcement Officer and City
Exhibits 1 and 2, photographs of the property as evidence.
The Concluslona ot Law are: Chris Gallops is in violation of
Section 131.169(2) of the Clearwater City Code.
o
It is the Order of this Board that Chris Gallops shall comply with
Section 131.169(2) of the Code of the City of Clearwater within 60
days from this hearing. If Chris Gallops does not comply within the
time specified, he shall pay a fine of $20.00 per day for each day
the violation continues to exist. If Chris Gallops 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
some real property of Chris Gallops, pursuant to Chapter 80-300 Laws
of Florida, 1979. Upon complying, Chris Gallops shall notify 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. Motion was duly seconded.
Discussion ensued regarding how to determine what is needed for
the auto repair shop on the premises and what is considered junk or
salvage.
G>
Mr. Gerlach amended his motion for the order read that Chris
Gallops shall comply with Section 131.169(2) of the Code of the City
of Clearwater by removing from the premises those items or materials
not presently being used in auto repair or auto body repair within
60 days from the date of this hearing. If Chris Gallops does not
comply within the time specified, he shall pay a fine of $20.00 per
3.
July 6, 1983
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day for each day the violation continues to exist.
accepted the amendment. Upon the vote being taken,
carried unanimously.
The seconder
the motion
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DOME AND ORDERED this 6th day of July, 1983.
CASE RD. 39-83
Time Zone
393 Mandalay Ave. (Sign Code)
The Assistant City Attorney requested this case be withdrawn
as the violation has been corrected. It \Jas the consensus to withdraw
the case.
CASE NO. q()-83
McLeod & Sons Asphalt Sealing
551 N. Saturn Ave. (License Code)
The Assistant City Attorney requested this case be withdrawn
as the violation has been corrected. It was the consensus to withdraw
the case.
CASE RD. 41-83
Jeralne Burt
1109 Tangerine St.
(Solid Waste Management
and Weed Control)
CD
Tom Chaplinsky, Housing Inspector, indicated the building permit
had been pUlled in January of 1983 for rehabilitating a three family
structure at this address. The work actually began in April of 1983
and debris has been accumulating on the property ever since. City
Exhibits A, B, and C were submittted into evidence showing progressive
accumulation of debris. He stated there are occupied dwellings
nearby and due to the condition of the materials accumulating it is
a hazard.
Ms. Burt indicated she intends to use the material that has
been taken out of the house during the refurbishing process and that
it would take time to sort out and pile the material in an orderly
fashion. She indicated it would be three to four months before she
is finished with the project.
The Assistant City Attorney stated that there is debris on the
property that needs to be hauled away and the most of the wood is
not suitable for reuse and it is a hazard to the people in the
vicinity.
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Mr. Regulski moved that regarding Case Ho.~1-83 re: violation
or Section 54.04C of the Clearwater City Code on property with a legal
description as follows: Greenwood Park #2 Subdivision, Lot 30, Block
D, located at 1109 Tangerine St., the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing
held this 6th day of July, 1983, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of Law, and Order.
11.
July 6, 1983
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The Findings of Fact are: Based on the evidence submitted
by the City in the form of photographs and testimony there is indeed
debris and/or good material that must be classifed as debris due to
the manner in which it is being maintained, accumulated on the
property.
The Conclusions of Law are: Jeralne Burt is in violation
of Section 54.04C of the Clearwater City Code.
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It is the Order of this Board that Jeralne Burt shall comply
with Section 54.04C of the Code of the City of Clearwater by August
2, 1983 by sorting the material and storing the usable clean material
in an orderly fashion and removing the unusable material from the
premises. If Jeralne Burt does not comply within the time specified,
she shall pay a fine of $5.00 per day for each day the violation
continues to exist. If Jeralne Burt does not comply within the time
speciried, a certiried copy of this Order, together with an Affidavit
of Non-Compliance, shall be recorded in the public records of the
Office or the Clerk or the Circuit Court in and ~or 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, Jeralne Burt shall notify Tom
Chaplinsky, 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.
o
Done and Ordered this 6th day of July, 1983.
CASE HO. 112-83
Heffron of Florida Inc.
301 N. Ft. Harrison Ave. (Housing Code)
The Assistant City Attorney requested this case be withdrawn
as the violations have been corrected. Consensus was to withdraw
the case.
CASE 10. 1J3-83
Joe H. Williams
1002 Vine Ave. (Standard BUilding Code)
Ulen Hopkins, Building Inspector, indicated the property is
listed under the Wesley Sims' Estate in care of Mr. Williams. It
was reported that the notices had all been returned as being
unforwardable. Concerns were expressed regarding making another
effort to contact Mr. Williams to notify him of the violation. Mrs.
Parks moved to continue this case to August 3, 1983. The motion was
duly seconded and carried unanimously.
CASE NO. 211-83
David J. Gangelfofr
405 N. Ft. Harrison Ave. (Zoning Code)
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Mr. Gangelroff's attorney has requested this case be continued
as he will be unable to attend today. The Assistant City Attorney
5.
July 6, 1983
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stated he
to August 3,
unanimously.
had no objection.
1983.
Mr. Gerlach moved to continue the case
The motion was duly seconded and carried
UIIl" .l1IISI1!D BUSINESS
CASE NO. 211-82
U.s. Homes
3350 Sandy Ridge Dr. (Building Code)
Mr. Gerlach moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CISE 110. 53-82
Robert White
Richard Kootz (new owner)
606 Belleview St.
Mr.Regulski moved to accept the Affidavit of Non-Compliance.
motion was duly seconded and carried unanimously.
The
CASE RO. 7-83
Jessie G. Karelis
1029 Iroquois st. (Housing Code)
Mr. Gerlach moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
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CASE 110. 8-83
Off Shore Lounge
1445 u.S. Highway 19 S. (Sign Code)
Mr. Hostetler moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CASE &0. 31-83
U.S. Homes (Rutenberg Division)
Rutenberg Model Homes
3350 Sandy Ridge Dr. (Sign Code)
Mr. Hostetler moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CASE RO. 32-83
u.S. Homes (Rutenberg Division)
Eagles Glen
3161 Landmark Dr. (Sign Code)
Mr. Hostetler moved to accept the Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
CASE RO. 35-83
Stephen G. Beneke
1904 Drew St. (Housing Code)
Mrs. Parks moved to accepted the Affidavit of Non-Compliance.
The motion was duly seconded and carried unanimously.
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July 6, 1983
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OTHER BOARD ACTION
It was decided to postpone the procedure discussion until after
the work session with the inspectors. The Secretary requested the
Board consider changing their meeting date to the second Wednesday
in the month.
rmf BUSIRESS
A work session was set for July 20, 1983 at 2:00 p.m.
Mrs. Parks moved to accept the resignation of Mr. Lee Regulski.
The motion was duly seconded and carried unanimously.
MINOl'ES
The Chairman presented the Minutes of the meeting of June
1983 for consideration. Mrs.
as submitted. The motion was
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Parks moved the Minutes be approved
duly seconded and carried unanimously.
The meeting adjourned at 4:07 p.m.
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Attest:
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City Clerk
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July 6, 1983
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