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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of January 11, 1984, 2:00 p.m.
ACTIO.
Real Estate Investment Center
(License) eo.pl~ed
Quest Design rnc (License)
CoIIplied
Augustino Guitar Co (License)
CoIIplied
Progressive System Design rnc
(License) co.plled
House of Aldridge (License)
Rainbow Party Boats Inc I (License)
CoIIpl1ec1
Rainbow Party Boats lnc II (License)
CoIIplled
Spot Lite Cleaners Inc (License)
CoIIpliecl
Miss BoJangles of Clearwater
(License)
Mandalay Cleaners (License)
CoIIpl1ec1
Tampa Christian Supply (License)
ec.pliecl
The Jewelry Gazebo
Joni Ca's Gallery
CoIIplied
L&H Associates (License)
1. Public Hear1nga
a. Secure by 1-13-84,
within 120 days.
b. Demolish rear 1/4
30 days, complete
120 days.
c. Withdrawn
of building within
repairs within
1 . Public BeariDga
a. 57-83 Einstein Boykins (Housing)
complete repairs
b. 58-83 Charles H. Robinson (Housing)
c. 59-83
d. 60-83
e. 61-83
f. 62-83
g. 63-83
h. 64-83
i. 65-83
j. 66-83
k. 67-83
l. 68-83
m. 69-83
n. 70-83
o. 71-83
p. 72-83
d. Withdrawn
e. Withdrawn
f. Withdrawn
g. Continued to 2-8 -84
h. Withdrawn
i. Withdrawn
j. Withdrawn
k. Comply by 2-1-84.
1. Withdrawn
m. Withdrawn
(License)
(License)
n. Comply by 2-1-84.
o. Withdrawn
p. Comply by 2-1-84.
2. Unt1n1.abed Bus1Deas
a. James Tracey
Affidavit of Non-Compliance
Affidavit of Compliance
b. Baki Ballowski
- Affidavit of Compliance
3.
a.
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2. Uat"1Diabecl BasiDeu
a. Accepted Affidavit of Non-Compliance
Accepted Affidavit of Compliance
b. Accepted Affidavit of Compliance
other Board Bua:lDeas
Review of Lien Status Report
3. other Board BuaiDeaa
a. 041-83 Ms. Burt requested
elimination of fine, Board
directed her to complete
remodeling of structure
as problem is recurring,
and make request at that
time.
1-11-84
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MUNICIPAL CODE ENFORCEMENT BOARD
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January 11, 1984
Members present:
John Ehrig, Chairman
Don Winner, Vice-Chairman
Paul Carnahan
Robert Hostetler
Robert Yankanich
Absent:
John F. Gerlach
Sallie Parks
Also present:
Ann Robbins, Attorney ror the Board
Cyndie Goudeau, Secretary for the Board
(City Attorney was not present)
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The meeting was called to order by Chairman at 2:0~ p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures
and advised any aggrieved party may appeal a rinal 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.
PUBLIC BEARINGS
CASE HO. 51-83
Einstein Boykins (Housing Code)
Inspector Glen Hopkins stated this has been an ongoing problem
and attempts have been made to work with the owner in order to correct
the violations. The house is in a deteriorated condition and is
vacant. Exhibit #1 A-G, pictures of the condition of the structure,
were submitted into evidence.
Einstein Boykins stated that the property had previously not
been in his name rather he was an agent for his brother, Earl
Boykins. The property has been put in his name and he plans to repair
the structure.
The Board requested that a oopy or the letter from Earl Boykins
to Einstein Boykins signing over ownership of the property be obtained
for the record.
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Mr. Winner moved that regarding Case No. 57-83 re: violation
of Section 138.01 of the Clearwater City Code on property with a legal
description as follows: Springfield Sub No.2, Blk 2, Lot 5, located
at 1028 N. Missouri Ave., the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcemen~ Board hearing held
this 11th day of January, 1984, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of
Fact, Concluslons of Law, and Order.
The Findings ot Fact are the property at 1028 N. Missouri is
in disrepair as seen in photos submitted as well as testimony by both
City and defendant.
The Conolusions of Law are the property is in violation of
Building Code Section 138.01.
CD
It is the Order of this Board that E. Boykins shall comply
with Section 138.01 of the Code of the City of Clearwater by securing
the building by Friday, January 13, and complete repairs in order
to comply with the code within 120 days of this date. If E. Boykins
does not comply within the time specified, he shall pay a fine of
$50.00 per day for failure to meet either deadline set by the Board.
If E. Boykins 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 reco~ded
shall constitute a lien against the property upon which the violation
exists, pursuant to Chapter 80-300 Laws of Florida, 1979. Upon
complying, Mr. ~oykins shall notify Ulen Hopkins, 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 and Ordered this 11th day of January, 1984.
CASE BO. 58-83
Charles H. Robinson (Housing Code)
Tom Chaplinsky, Housing Inspector, stated the house is in a
deteriorated condition and needs repair. He indicated that Mr.
Robinson is in agreement with the report regarding the violation but
due to financial problems he has been unable to correct them. Mr.
Robinson has agreed to demolish the rear 1/4 of the house which would
eliminate many of the violations. A demolition permit has been
issued. Exhibit No.1, a picture showing the condition of the house
was submitted into evidence. The Robinson family is living in the
house. Mr. Robinson stated he is in agreement with the report.
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1/11/84
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Mr. Winner moved that regarding Case No. 58-83 re: violation
of Section 138 of the Clearwater City Code on property with a legal
description as follows: Belleair Highland Sub, Blk B, Lots 21 & 22
located at 516 Woodlawn St., the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing
held this 11th day of January, 1984, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of Law, and Order.
The Findings of Fact are: It was shown by a photo of building
as well as testimony of City inspec~or and Mr. Robinson that there
are several instances of damage an~ deterioration of the property
at 516 Woodlawn that cause the building to be sub-standard.
The Conclusions of Lav are the condition of the property at
516 Woodlawn St. is in violation of Clearwater City Code Section 138.
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It is the Order of this Board that Charles Robinson shall
comply with Section 138 of the Code of the City of Clearwater by
demolition and removal of resulting debris of r~ar quarter of house
within 30 days and complete necessary repairs within 120 days. If
Charles Robinson does not comply within the time specified, he shall
pay a fine of $50.00 per day for each day the violation continues
to exist. If Charles Robinson 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, Charles Robinson shall notify Elton
Reichardt, 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 BOtion was duly seconded and carried unanimously.
Done and Ordered this 11th day of January, 1984.
CASE NO. 59-83
Real Estate Investment Center
(License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carried unanimously.
CASE NO. 60-83
Quest Design Inc (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carried unanimously.
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CASE HO. 61-83
Augustino Guitar Co (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carried unanimously.
CASE HO. 62-83
Progressive System Design Inc
(License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carried unanimously.
CASE HO. 63-83
House of Aldridge (License Code)
The Secretary stated that there was no evidence of a return
receipt indicating the alleged violater has received notice or the
hearing. Mr. Hostetler moved to continue this case until February
8, 1984. The motion was duly seconded and carried unanimously.
CASE HO. 61&-83
Rainbow Party Boats Inc I (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carried unanimously.
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CASE NO. 65-83
Rainbow Party Boats Inc II (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and c~rried unanimously.
CASE NO. 66-83
Spot Lite Cleaners Inc (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carried unanimously.
CASE RO. 67-83
Miss BoJangles of Clearwater (License Code)
Stu Williams, License Inspector, reviewed the history of the
case stating several notices had been sent requesting payment for
occupational license. The Secretary indicated a return receipt was
signed for the Notice of Hearing on December 30, 1983. ~o
representative or Miss Bojangles was in attendance. The License
inspector reported Joseph Gucciardo is listed as the owner/manager of
Miss Bojangles.
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Mr. Hostetler moved that regarding Case No. 67-83 re: violation
of Section 71.02 of the Clearwater City Code on property with a legal
description follows: 2601 U.S. 19 North, #723 Clearwater, Fla. 33519
located at same address, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held
the 11th day of January, 1984, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings o~
Fact, Conclusions of Law, and Order.
The Findings o~ Fact are Miss Bojangles of Clearwater has not
purchased a City of Clearwater occupational license.
The Conclusions o~ Law are Miss Bojangles is in violation of
Section 71.02 of the City of Clearwater Code.
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It is the Order of this Board that Joseph Gucciardo,
owner/manager of Miss Bojangles, shall comply with Section 71.02 of
the Code of the City of Clearwater by February 1, 1984. If Joseph
Gucciardo 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 Joseph Gucciardo 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, Joseph Gucciardo shall notify Stuart Williams,
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 AND ORDERED this 11th day of January, 1984.
CASE NO. 68-83
Mandalay Cleaners (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carr~ed unanimously.
CASE HO. 69-83
Tampa Christian Supply (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The .otion was duly seconded and carried unanimously.
CASE NO. 70-83
The Jewelry Gazebo (License Code)
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Stu Williams, License Inspector, reviewed the history of this
case stating several notices had been sent requesting payment for the
occupational license. The Secretary indicated return receipt for the
Notice of Hearing had been signed for on December 28, 1983. There was
no representative present. The License inspector indicated Joseph
Gucciardo is the owner/manager of Jewelry Gazebo.
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Mr. Hostetler moved that regarding Case No. 70-83 re: violation
of Section 71.02 of the Clearwater City Code on property with a legal
description as follows: 1200 S. Missouri Ave., Kiosk #7 Clearwater,
FL 33516 located same address, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing
held the 11th day of January, 11,1984, and based on the evidence,
the Municipal Code Enforcement Board enters the following Findings
ot Fact, Conclusions at Law, and Order.
The Findings at Fact are the Jewelry Gazebo has not purchased
a City of Clearwater occupational license.
The Conclusions ot Law are The Jewelry Gazebo is in violation
of Section 71.02 of the City of Clearwater Code.
CD
It is the Order of this Board that Joseph Gucciardo,
owner/manager of Jewelry Gazebo, shall comply with Section 71.02 of
the Code of the City of Clearwater by February 1, 1984. If Joseph
Gucciardo 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 Joseph Gucciardo does not comply with 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, Joseph Gucciardo shall notify Stuart Williams,
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.
DOlE AID ORDEBED this 11th day of January, 1984.
CASE NO. 11-83
Joni Cats Gallery (License Code)
The License inspector requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to grant request for
withdrawal. The motion was duly seconded and carried unanimously.
CASE NO. 12-83
L & H Associates (License Code)
The License inspector reviewed the case stating several notices
had been sent requesting payment for the occupational license. The
Secretary indicated the return receipt had been signed on January
4, 1984. There was no representative present.
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Mr Yankanich moved that regarding Case No. 72-83 re: Violation
of Section 71.02 of the Clearwater City Code on property with a legal
description as follows: 1100 Cleveland St. Suite 415 Clearwater,
FL 33515 located at same address, The Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing
held the 11th day of January, 1984, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings or
Fact. Conclusioll3 of Lav, and Order.
The Findings of Fact are L & H Associates has not purchased
a City of Clearwater occupational license.
The Conclusions of Law are L & H Associates is in violation
of Section 71.02 of the City of Clearwater Code.
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It is the ~er of this Board that Larry Horne, owner/manager
of L&H Associates, shall comply with Section 71.02 of the Code of
the City of Clearwater by February 1, 1984. If Larry Horne 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 Larry Horne
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 record~d shall constitute a lien
against the property upon which the violation exists, pursuant to
Chapter 80-300 Laws of Florida, 1979. Upon complying, Larry Horne
shall notify Stuart Williams, 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.
DOIK AHD ORDERED this 11th day of January, 1984.
Unfin1n~~ed Business
CAS& HO. 54-83
James Tracey
Mr. Carnahan moved to accept the Affidavit of Non-Compliance.
The motion was duly seconded and carried unanimously.
Mr. Carnahan moved to accept the Affidavit of Compliance.
MOt~OD was duly seconded and carried unanimously.
The Secretary was directed to notify Mr. Tracy of the acceptance
of the Affidavits and notify him of the pending fine.
elSE HO. 56-83
Baki Ballowski
Mr. Winner moved to accept the Affidavit of Compliance. The
.ot~on was duly seconded and carr~ed unanimously.
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MUNICIPAL CODE ENFORCEMENT BOARD MEMBERS
o
Mr. James W. Angelis
113 Island Way U224
Clearwater, FL 33515
Phone - 441-8857 (0) - 443-286~
Mr. Paul Carnahan
2131 Oakgrove Drive
Clearwater, FL 33516
Phone - 531-7460 (0) - 530-0564
Mr. John Ehrig - Chairman
1189 N.E. Cleveland St
Clearwater, FL 33515 (Office)
Phone - 461-4482 (0) - 446-1041
Mr. John Gerlach
403 Lotus Path
Clearwater, FL 33516
Phone - 461-2894 (0) - 442-7184
Mr. Robert E. Hostetler
107 N. Cirus Ave.
Clearwater, FL 33515
Phone - 447-5605
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Mr. Don Winner
395 Mandalay Ave.
Clearwater, FL 33515
Phone - 442-5875
Mr. Robert Yankanich
625-0 Keene Rd. N.
Clearwater, FL 33515
Phone - 461-4922 (0) - 461-5522
BOARD ATTORNEY
Mr. Mike Davis, City Attorney
City of St. Petersburg
P.O. Box 2842
St. Petersburg, Fla. 33731
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MUNICIPAL CODE ENFORCEMSNT BOARD DISTRIBUTION
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B. Haeseker - Operations
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Notices Mj.nutes ~ Action Al!;enda
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Inspectors
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* Lucille, Cyndie, Terry
** Lucille, Cyndie, Sue, Ter'ry
(a~enda only)
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