08/03/1983
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MUNICIPAL CODE ENFORCEMENT BOARD
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Agenda
Meeting of August 3, 1983, 2:00 p.m.
1. Presentation or Filed Affidavits
or Violation - Set Public Hearing
Date.
a. 50-83 Mesoo (License)
b. 51-83 Marvin Rose, Jr. (License)
c. 52-83 Central Church of Christ (Fire)
d. 53-83 Motomco (License)
2. Publio
a. 3lJ-83
IIear1np
Arthur Truokenbrodt (License)
(cont'd from 7/6/83) eo.plled
Joe H. Williams (Standard Bldg
Code) (cont'd from 7/6/83)
b. 34-83
c. 46-83
Pinellas Design Systems
(License)
Jack C. Vasilaros (Bldg Code)
d. 41-83
e. 48-83
John & Donna Boskovich (Bldg
Code) Callplled
David J. Ganglehoff (Zoning;
Hearing Orfioer
Stipulation)(cont'd from
7/6/83)
e
f. 24-83
3.
UDrl11l1lhed Bwl1Jleaa
4. otber Board &ot.1Cl1l
a. Review or Monthly Lien Status
b. Procedure review.
5. New Business
6.
Minutes of July 6, 1983 meeting
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7.
Adjournment
1.
a. 917/83 @2:00 p.m.
b. 917/83 @2:00 p.m.
c. 917/83 @2:00 p.m.
d. 917/83 @2:00 p.m.
2.
a. Withdrawn
b. Comply by 8/5/83 or City
will be requested to initiate
demolition procedures.
c. Withdrawn
d. Seek permits & variances by
~/9/B3; permits obtained
within 30 days of approval.
e. Withdrawn
f. Withdrawn at City Atty's
request.
3.
None
'-. Ordered foreclosure on
Case #11-81 (Clearwater Seville Ltd).
Directed letter be sent re: Case "s
15-81 (Ganglehoff) and 20-81 (Mandalay
Shores).
Directed Secretary to send check
reoeived from Mrs. Russell re: Case
#1-81 to City Atty with instructions
to attempt settlement.
Direoted Secretary to accept payment
re: Case 137-82 (Birge's Meat Market)
and not file lien.
b. Adopted Revised Prooedures.
5. None.
6. Approved as submitted.
1. 4:43 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
August 3, 1983
Members present:
John Ehrig, Chairman
Don Winner, Vice-Chairman
Paul Carnahan
John F. Gerlach (arrived 2:07)
Robert Hostletler
Sallie Parks (arrived 3:15)
Also present:
Rick Greisinger, Assistant City Attorney
Elizabeth Daniels, Attorney for the Board
Cyndie Goudeau, Secretary for the Board
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The meeting was called to order by
the Commission Meeting Room in City Hall.
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 Chairman at 2:00 p.m. in
He outlined the procedures
PMSIIlino. at PIUD lftPIDlYUS at nCLAn..,
CAS! JO. 50-83
Mesco
Suite 311
3118 Gulf-to-Bay Blvd.
(License Code)
Mr. Winner moved to set the public hearing date for September
7, 1983 at 2:00 p.m. The ~tlOD was duly seconded and carried
unanimously.
CAS! 110. 51-83
Marvin Rose Jr.
Suite 204
3118 Gulf-to-Bay Blvd.
(License Code)
Mr. Hostetler moved to set the public hearing date for September
7, 1983 at 2:00 p.m. The ~tlOD was duly seconded and oarried
unanimously.
CASlIO. 52-83
Central Church of Christ
1454 Belleair Rd. (Fire Code)
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Mr. Winner moved to set public hearing date for September 7,
1q83 at 2:00 p.m. The 8Otion was duly seconded and carried
unanimously.
CASK 110. 53-83
Motomco
Suite 307
3118 Gulf-to-Bay Blvd. (License Code)
Mr. Hostetler moved to set the public hearing date for September
7, 1983 at 2:00 p.m. The ~t~OD was duly seconded and carried
unanimously.
PUBLIC B!ARDIOS
CASE 110. 311-83
Arthur Truckenbrodt
1325 Drew St. (License Code)
The Assistant City Attorney requested withdrawal of the case since
the violation has been corrected. Mr. Winner moved to grant the
request for withdrawal. The .otlon was duly seconded and carried
unanimously.
CASE RO. 113-83
Joe. H. Williams
1002 Vine Ave.
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Inspector Tom Chaplinsky indicated that after receiving a
complaint the property was inspected during the second week or May_
The house is vacant, unsecured, and deteriorating. City's composite
Exhibits 1A-H, photographs taken on May 13th, were submitted into
evidence. The Inspector indicated a notice of Violation was sent
to the owner according to the tax rolls, Wesley Sims Estates, Joe
H. Williams, on May 16, 1983. City Exhibit 12, a copy of the Notice,
was submitted into evidence. Inspector Chaplinsky detailed the
condition of the house indicating the ceiling is raIling, the floor
is sagging, holes in the roof, wall covering and studs rotting,
plumbing in extremely bad condition, no hot water, and indicated the
building is beyond repair and should be demolished. He also indicated
that the certified letter containing the Notice or Violation had been
returned and they had made all effort to notifY the owner. When all
efforts failed, the Notice of Violation as well as the Notice of
Hearing were physically posted on the property.
No one was present to represent the Wesley Sims Estate or Joe
Williams. Inspector Ulen Hopkins indicated he had inspected the
property again this morning and no corrections have been made. He
concurred with Inspector Chaplinsky that the building should be
demolished.
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Discussion ensued regarding whether or not the City could
initiate demolition on the building should it be required. The
Assistant City Attorney referred to Sec. 131.02(8-13) outlining
the demolition process.
2.
8/3/83
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Mr. Winner moved that regarding Case 10. ~3-83 re: violation
of Section 133.02 of the Clearwater City Code on property with a legal
description as follows: Lot 1, Block F, Jurgens Subdivision , located
at 1002 Vine Avenue, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this
3rd day of August, 1983, and based on the evidence, the Municipal
Code Enforcement Board enters the following Ftndln8a or Fact,
ConaluaiOllS cr Law, and Order.
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The F1DdlQsa or Faot are: Testimony was given by Inspectors
Chaplinsky and Hopkins to the effect that the building at 1002 Vine
St., Clearwater, is in disrepair to the extent that is is unsafe.
Photos taken of the property substantiate the testimony of the
inspectors.
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The CoDolualC11S or Law are: Joe williams, owner of 1002 Vine
Ave., 1s in violation of Section 133.02.
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.,' '.'.:\,:/.. :1 . It is the Order of this Board that Joe H. Williams shall comply
:\ with Section 133.02 of the Code of the City of Clearwater by obtaining
a demolition permit for the building on the property at 1002 Vine
Ave. no later than August 5th. If Mr. Williams does not comply by
that date, The Board requests the City take proper action to have
the building demolished. Upon complying, Mr. Williams shall notify
Tom Chap1insky, 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 rurther hearing before the
Board. The motion was duly seconded.
Discussion ensued regarding demolition being the only option.
Mr. Winner amended the motion to restate the Order "shall comply with
Section 133.02 of the Code of the City of Clearwater by obtaining
a building permit or demolition permit." The seconder accepted the
amendment. Upon the vote being taken, the ~ed ~tlOD carried
unanimously.
Done and ordered this 3rd day of August, 1983.
CIS! 10. _6-83 Pinel1as Design System
2531 Enterprise Rd. (License Code)
The Assistant City Attorney requested withdrawal of this case
as the violation has been corrected. Mr. Gerlach moved to accept
the request for withdrawal. The ~tlon was duly seconded and
carried unanimously.
CAS! 110. -1"&3 Jack C. Vasilaros
11 Heilwood St. (Building Code)
The Attorney for the Board indicated she had a possible conflict
as a member of her law firm was representing Mr. Vasi1aros.
3. 8/3/83
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M~. Vasilaros indicated the additions and alterations that have
been cited have been done at various times over that past few years.
He further indicated that some of the work was done by sub-contractors
and some of it he had done himself. He reported that the stairs for
which he has been cited are the only means of ingress and egress to
the second floor and he simply replaced what was there. He stated
to his knowledge no permits were pulled.
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Tom Chaplinsky, Building Inspector, indicated he had checked
the records and there were no permits for any of the work that had
been done. Concerns regarding whether or not a permit was needed
for the stairs because he was simply refurbishing an existing stairway
were raised. The Assistant City Attorney agreed to withdraw the
citation regarding erecting the stairs without a permit. Mr.
Vasilaros has owned the property for approximately five years and
all work has been done since he became the owner of the property.
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The Building Inspector further indicated that Mr. Vasilaros had
made application for the permits but he had been denied them as
variances from the Board of Adjustments and Appeals on Zoning are
needed for the construction.
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Mr. Winner moved that regarding Case 10.'7-83 re: violation
of Section 133.01 of the Clearwater City Code on property with a legal
description as follows: Lot 4, Block 6, Clearwater Beach Subdivision,
located at 11 Heilwood St., the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held
this 3rd day of August, 1983, and based on the evidence, the Municipal
Code Enforcement Board enters the following PtDdtngs ot Paot,
Conclusions ot Law, and OrdtJr.
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The FiDdtnss ot Faot are: Based on the testimony of Inspector
Chaplinsky and the owner, Jack C. Vasilaros, certain remOdeling and
alterations were done without a building permit.
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The OanclualODs ot Law are: Mr. Vasilaros is in violation
of the code for not obtaining a permit to do such work.
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It is the Order of this Board that Mr. Vasilaros shall comply
with Section 133.01 of the Code of the City of Clearwater and obtain
permits for the porch added to the west side of the building, the
window installation and the rOOfing installation. In addition,
permits shall be obtained within thirty days of receiving approval
by all involved City departments. If Mr. Vasilaros 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. Vasllaros 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 ~or Pinellas County, and once recorded shall constitute a lien
against the property upon which the violation exists, pursuant to
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Chapter 80-300 Laws of Florida, 1979. Upon complying, Mr. Vasilaros
shall notify Tom Chaplinsky, the City Official who shall inspect the
property and notify the Board of compliance. Should a dispute arise
concerning complianc~, either party may request a rurther hearing
before the Board. The motion was duly seconded.
Discussion ensued regarding the deadline for applying for the
variances and permits. Mr. Winner amended his motion to add after
the words "the roofing installation" and before the words "In
addition, permits" the following sentence: "Said permits shall be
applied for and pursued by August 9th, including any variances which
may prove to be required." The seconder accepted the amendment. Upon
the vote on the amended motion being taken, Messrs. Ehrig, Gerlach,
Winner, Carnahan,. and Hostetler voted "Aye." Mrs. Parks
abstained. I8Dded Motion carried.
Done and Ordered this 3rd day of August, 1983.
ca... m. ~-83
John & Donna Boskovich
1155 Sedeeva (Building Code)
The Assistant City Attorney requested withdrawal of this case
as the violations have been corrected. Mrs. Parks moved to accept
the City Attorney's request for withdrawal. The ~tiOD was duly
seconded and carried unanimously.
o
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CASE 110. 211-83
David J. Gangelfoff
ij05 N. Ft. Harrison Ave. (Hearing Officer
Stipulation)
The Assistant City Atttorney requested withdrawal of this case
as new citations under the Zoning Code are being issued. Mr. Winner
moved to accept City Attorney's request for withdrawal. The ~tiOD
was duly seconded and carried unanimously.
0l'III1t BOlIO lcrIGI
A. Review of Monthly Lien Status
CISB 110. 1-81
Mrs. Hoke Russell
(Housing Code)
The Secretary read into the record a letter from Mrs. Russell
which was accompanied by a check for $~,640.00. Mrs. Russell
indicated in the letter she had deducted Sundays from the accrual
of the fine and stated the fine had begun on January 3, 1982. The
structure is still not in compliance with the Board's Order.
Discussion ensued possible impact on the foreclosure proceedings
the Board has directed the City Attorney to initiate if the check
is accepted. Mr. Winner moved not to accept the partial payment.
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8/3/83
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and that the check be turned over to the City Attorney with the
instructions he contact Mrs. Russell with the view of getting her
to use the fUnds to comply with the Board's Order and further ask
the City Attorney to inform Mrs. Russell that the fine begins July
4, 1981 and does include Sundays. The motion duly seconded. Upon
the vote being taken, Messrs. Gerlach, Winner, Carnahan, and Ehrig
and Mrs. Parks voted "Aye." Mr. Hostetler voted "Nay." MotiOll
carrIed .
elSE RO. 11-81
Clearwater Seville Limited
2640 Seville Blvd. (Building Code)
The building is still not in compliance. The lien was filed
July 2, 1982. Mr. Hostetler moved to direct the City Attorney to
initiate foreclosure proceedings in regard to Case No. 11-81. The
~tiOD was duly seconded and carried unanimously.
CASE RO. 15-81
David Gangelfoff
405 N. Ft. Harrrison Ave. (Fire Code)
CAS! 110. 20-81
Bank of Clearwater/Alfred Hoffman
Mandalay Shores (Building Code)
()
The Secretary was directed to send letters to the individuals
involved in these cases indicating that the liens are pending and the
Board is able to foreclose on their liens. Both cases have reached
compliance but there are fines that had accrued.
CIS! 110. 31-82
Birge's Meat Market
(Sign Code)
The Secretary reported a request f~om Mr. Birge indicating he
would like to pay the accrued fine and thus avoid having a lien placed
on his property. Mrs. Parks moved to accept payment in regard to
Case ~o. 37-82 and not file the lien. The ~tlon was duly seconded
and carried unanimously.
CASE 110. 2,.-82
u.S. Home Corporation
3350 Sandy Ridge (Building Code)
Secretary asked for clarification on when the fine was to begin
as U.S. Homes had filed an appeal of the Board's Order which resulted
in a stipulation allowing them to keep the structure for one year.
The structure was not removed on time, however it is now in
compliance. It was the concensus of the Board that the fine begin
on the compliance date of the stipulation resulting from the appeal
of t.heir order.
TIlE PROCEDORB Ran"
o
Bob WalkerAssistant City Attorney, gave a report on the seminar
he had held with the inspectors on August 2, 1983. He felt that the
6.
8/3/83