10/12/1983
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MUNICIPAL CODE ENFORCEMENT BOAND
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October 12, 1983
Members present:
John Ehrig, Chairman
John F. Gerlach
Robert Hostetler
Robert Yankanich
Absent:
Don Winner, Vice-Chairman (excused)
Paul Carnahan (excused)
Sallie Parks (excused)
Also present:
Rick Greisinger, Assistant City Attorney
Elizabeth Daniels, Attorney for the Board
Cyndie Goudeau, Secretary for the Board
The meeting was called to order by the Chairman at 2:07 p.m. in
the Commission Meeting Room in City Hall.
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PIBLIC IIRI.TIIGS
NONE
....IJIlSBBD BUSx.s8
CISB 10. S'-82
Lilly Sheffield - Affidavit of Compliance
William Turner, the contractor on the project, stated due to
financial difficulties the work had gone past the compliance date.
He requested that the Board consider forgiving the fine. Elton
Reichardt, Housing Inspector, indicated that the Sheffields had
cooperated in trying to bring the structure into compliance.
Mr. Gerlach moved to accept the Affidavit of Compliance and
because cooperation had been received in reaching such compliance,
the accrued fine of $3,550.00 be forgiven. The ~tiOD was duly
seconded and carried unanimously.
1.
10/12/83
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elSE 10. 35-83
Stephen G. Beneke - Affidavit of Compliance
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A letter was submitted to the Board from Mr. Beneke indicating
due to the tenant denying him entry to the apartment, he had not been
able to reach compliance as of the date specified. The tenant did
vacate the structure and the building was demolished. He requested
forgiveness of the $880.00 fine.
Mr. Gerlach moved to accept the Affidavit of Compliance and due
to the circumstances which prevented the completion of repairs, the
accrued fine of $880.00 be forgiven. The ~tiOD was duly seconded
and carried unanimously.
CASE 110. 36-83
Stephen G. Beneke - Affidavit of Compliance
Mr. Gerlach moved to accept the Affidavit of Compliance. the
~t1OD was duly seconded and carried unanimously.
CASE 110. 38-83
Chris Gallops - Affidavit of Compliance
Mr. Gerlach moved to accept the Affidavit of Compliance. The
~tiOD was duly seconded and carried unanimously.
O1'IIBB BQUU) ACTImJ
BDIBV or tUiTBLY LID S'lAT1S REPOR1'
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CASE 110. 15-81
David J. Gangelhoff
Mr. Gangelhoff stated due to misunderstanding as to what would
be approved in order to bring his structure into compliance, delays
had been caused and he requested forgiveness of the $1660.00 lien
placed against his property.
Discussion ensued regarding the discrepancy regarding a fire
lane, clearing of the alley, and where and how a firewall was to be
constructed.
Mr. Gerlach moved that due to the discrepancy regarding the fire
lane violation that the $1,040.00 portion of the fine regarding that
violation be forgiven. The fine of $620.00 which had accrued
regarding the firewall and other miscellaneous violations be reduced
to $300.00 plus costs allowing for other possible discrepancies in
the Order as long as Mr. Gangelhoff pays the reduced fine within five
days of this date. If the fine is not paid within five days, the
amount will return to the full $1,660.00.
The motion was duly seconded. Upon the vote being taken,
Messrs. Gerlach, Hostetler and Yankanich voted "Aye." Mr. Ehrig
voted "Nay." IbtiOll oarr1ecl.
2.
10/12/83
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CISB 110. 20-81
Mandalay Shores
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Al Hoffman, partner in Mandalay Shores Associates, addressed
the Board. He reviewed the process that had to be executed in order
to remove the asbestos without displacing the tenants of the
building. He stated they had started as quickly as possible and asked
that the fine of $6,700.00 be waived.
Mr. Gerlach moved that as the Building Department had indicated
that Mandalay Shores Associates had moved as quickly as possible to
remove the asbestos and the compliance has been reached that the fine
of $6,700.00 be eliminated. The ~tloa was duly seconded and
carried unanimously.
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CISB 110. 8-83
Off Shore Lounge
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Frank Petty, part owner of the Oft Shore Lounge, stated that
it was due to health problems and miscommunications that the sign
was not down within the time specified.
The secretary of the Board outlined the case to explain why the
tine began April 20 when a re-hearing had been scheduled tor June
1. When no one represented the Off Shore Lounge at the June 1
meeting, the Board reinstituted its April 6th Order which stated a
compliance date of April 20, 1983. The sign was down by June 5,
1983.
Mr. Gerlach moved to amend the fine to $10.00 a day from June
1, 1983 to June 5, 1983 for a total of $50.00 and that this fine be
paid within five days or the fine would return to its original full
amount of $450.00. NOtioD was duly seconded and oarr1ed
unanimously.
IB1f BUSmms
The Chairman requested the Secretary draft a letter for his
signature requesting a courtesy copy of the Sign Code draft prior
to its adoption.
Mr. Yankanich was introduced as the new Board member.
The attorney for the Board indicated she felt guidelines for
hearings to reconsider fines should be established.
The Assistant City Attorney indicated the foreclosure procedures
for Case No. 11-81, Clearwater Seville Limited, are moving forward.
3.
10/12/83
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