03/14/1984
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MUNICIPAL CODE ENFORCEMENT BOARD
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Meeting of March 14, 1984, 2:00 p.m.
Agenda
ACTION
1.
Public BearJngs
1. Publi.c 1lear1ng:s
(At the time a case
for compliance the Board
time set the f'ee to be
non-compliance. )
a. 3-84 Tri County Painting (License)
Complied
The Brown Bagger (License)
Olympic TV & Electronics (License)
Treadway Realty (License)
Canopy Mortgage Inc (License)
Eddie L. Walker (Housing)
CoIIpl.ied
g. 11-84 Amza D & Neim D Abdulla (Building)
is heard and date set
shall at the same
assessed in case of
a. WithdraW'n
b.
6-84
9-84
13-84
14 -811
1 6 -811
b. WithdraW'n
c. Withdrawn
d. Withdrawn
e. Comply by 5:00 pm 3/14/84
f' Withdrawn
c.
d.
e.
f.
g. Begin by 4/20/84, complete by
10/15/84.
h. Withdrawn
i. Comply by 5:00 pm 3/14/84
j. Withdrawn
h. 18 -84 A.A. Moura (License) eo.plied
i. 19-84 J. P. Lindsay (License)
j. 20-84 Enterprise Realty (License)
Call1>>liec:l
k. 21-84 Foto Stop of Clearwater (License)
k. Comply by 5:00 pm 3/16/84
2. Unf'1ni:sbed Business
a. Charles Robinson - Affidavit of
Compliance
2. On1"1I1i.shed Business
a. Accepted
3.
Other Board Actlon
Review of Lien Status Report
3. other Board Action
a. No action necessary, requested
status report on foreclosures
a.
II.
Hev Business
II. Hev Business
Chairman reported responses
received from City Attorney
re representation at meetings
& City Manager re license code
5.
M!uates of February 8,
H:1rJut;es
Approved
n
Adj~nt
2:59/ p.m.
1984 meeting
5.
6.
AdjOUl"Dllellt
6.
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CASE HO. 9-81l
Olympic TV & El~ctronics (License Code)
n
~ The License Inspector indicated the violation has been corrected
and requested withdrawal of this case. Mr. Winner moved to accept
the request for withdrawal. The motion was duly seconded and
carried unanimously.
CASE NO. 13-84
Treadway Realty (License Code)
The License Inspector indicated the violation has been corrected
and requested withdrawal of this case. Mr. Winner moved to accept
the request for withdrawal. The motion was duly seconded and
carried unanimously.
CASE NO. 1 Ji-84
Canopy Mortgage Inc (License Code)
The License Inspector reported the license was due October 1,
1983. Several contacts had been made with the company and no license
had been purchased. Roger Klein, representing Canopy Mortgage Co.,
indicated they intended to comply and were ready to do so at this
time.
A
V
Mr. Winner moved that regarding Case No. 14-84 re: violation of Section
71 .02 of the Clearwater City Code on property with a legal description as
follows: 300 S. Duncan Ave. #218A, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held
the 14th day of March, 1984, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings of Fact, Conclusions of
Law, and Order.
The Findings o~ Fact are: According to testimony by the Occupational
License Division and the representative of the violator, no license
has been obtained by Canopy Mortgage Inc.
The Conolusions o~ Law are Canopy Mortgage Inc. is in violation of
Section 71.02 of the City of Clearwater Code of Ordinances.
It is the Order of this Board that Canopy Mortgage Inc. shall comply
with Section 71.02 of' the Code of the City of' Clearwater' by 5 :00 p.m. on
March 16, 1984. If Canopy Mortgage Inc. does not comply within the time
specif'ied, he shall pay a fine of $10.00 per day f'or each day the violation
continues to exist. If Canopy Mortgage Co. does not comply within the
time specif'ied, 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, Canopy Mortgage Inc. shall notify Stu 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.
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3/14/84
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Discussion ensued regarding the fact that several contacts had been
made and no effort to comply had been exhibited. Mr. Winner amended his
motion to read "Canopy Mortgage Co. shall comply with Section 71.02 by
5:00 p.m. March 14, 1984." The seconder accepted the amendment. Upon the
vote being taken, the amended motion carried unanimously.
Done and Ordered this 14th day of March, 1984.
CASE NO. 16-84
Eddie L. Walker (Housing Code)
The Housing Inspector indicated the violations have been corrected
and requested withdrawal of this case. Mr. Hostetler moved to accept
the request for withdrawal. The motion was duly seconded and
carried unanimously.
CASE NO. 11-84
Amza D. & Neim D. Abdulla (Building Code)
Tom Chaplinsky, Building Inspector, reviewed the history of the case
stating that a fire in 1983 rendered the building unsafe. The owners had been
given a deadline of November 20, 1983 in order to bring the building into a
safe condition. That deadline was extended to February, 1984. He stated
Mr. Abdulla came to the Building Dept. requesting information on what needed
to be done in order to comply. Mr. Chaplinsky stated the Building Dept. would
be satisfied with a proposed starting date and completion date as long as
evidence of work in bringing the building into compliance was evident. The
building is secured.
<S) Amza Abdulla stated the delays had been caused due to the insurance
company requiring more investigation in order to determine a settlement
for the damage caused by the fire. He stated they are working with a
contractor now and intend to start work by the 15th of April, 1984 and
complete construction by October 15, 1984.
Mr. Hostetler moved that regarding Case No. 17-84 re: violation of'
Section 71.02 of the Clearwater City Code on property with a legal
description as follows: Lot 3, Block 20, Gould & Ewing's 2nd Addition
located at 635 Cleveland St., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this 14th
day of March, 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: According to evidence submitted, the
Building at 635 Cleveland St. is in an unsafe condition.
The Conclusions of Law are the building is in violation of Sections
133.01 and 133.02 of the City of Clearwater Code of' Ordinances.
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3/14/84
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It is the Order of this Board that Amza & Neirn Abdulla shall comply
with Sections 133.01 & 133.02 of the Code of the City of Clearwater by
the following sequence: Obtain permits or begin work by April 20, 1984
and complete construction by October 15, 1984. If Amza & Neim Abdulla
do not comply within the time specified, they shall pay a fine of $25.00
per day for each day the violation continues to exist. If Arnza & Neim
Abdulla do 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, Amza & Neira Abdulla 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 motlon
was duly seconded and carried unanimously.
Done and Ordered this 14th day of March, 1984,
CASE HO. 18-84
A.A. Moura (License Code)
The License Inspector indicated the violation has been corrected
and requested withdrawal of this case. Mr. Winner moved to accept
the request for withdrawal. The aotlon was duly seconded and
carrled unanimously.
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CASE NO. 19-84
J.P. Lindsay - License Code
Stuart Williams, License Inspector, stated the license was due by October
1, 1983, He made several attempts to contact Mr. Lindsay with no success.
James P. Lindsay stated it was an oversight and he had not received the previous
notifications regarding the need to purchase a license. He stated he had
purchased the building, which he rents as apartments, in June or July.
Mr. Winner moved that regarding Case No. 19-84 re: violation of Section
71.02 of the Clearwater City Code on property with a legal description as
follows: 1400 N. Garden Ave., the MuniCipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this 14th day
of March, 1984, and based on the evidence, the Municipal Code Enf'orcement Board
enters the following Findings of' Fact, Conclusi.ons of Law, and Order.
The Findings of' Pact are: According to testimony by the Occupational
License Division and tne violator, there was a failure to obtain an Occupational
License from the City of Clearwater.
The Conclusions or Law are the owner is in violation of Section 71.02
of the City of Clearwater Code of Ordinances.
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It is the Order of this Board that J.P. Lindsay shall comply with Section
71.02 of the Code of the City of Clearwater by 5:00 p.m. on March 14, 1984.
If J.P. Lindsay does not comply within the time specified, he shall pay a f'ine
of $10.00 per day for each day the violation continues to exist. If J,P.
Lindsay 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, J.P. Lindsay shall notify Stu WillLams, the City Off'icial
who shall in3pect the property and notif'y the Board of compliance. Should a
dispute arise concerning compliance, either party may request a further hearing
before the Board. The aotion was duly seconded and carried unanimously.
Done and Ordered this 14th day of March, 1984.
CASE HO. 20-811
Enterprise Realty (License Code)
The License Inspector indicated the violation has been corrected
and requested withdrawal of this case. Mr. Winner moved to accept
the request for withdrawal. The motion was duly seconded and
carried unanimously.
CASE HO. 21-811
Foto Stop of' Clearwater (License Code)
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Stuart Williams, License Inspector, reported that the license was due on
October 1, 1983. Several contacts were made with Mr. Larry Greenbaum, manager
of Foto Stop, who had indicated he would comply. As of this date, no license
has been obtained. No one representing Foto Stop of Countryside was present
at the meeting. The Secretary reported a signed return receipt for the
certified letter containing the Notice of Hearing had been received.
Mr. Winner moved that regarding Case No. 21-84 re: violation of Section
71.02 of' the Clearwater City Code on property with a legal description as
follows: 2601 U.S. 19 N. U449 , the Municipal Code Enf'orcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this 14th day
of March, 1984, and based on the evidence, the Municipal Code Enforcement Board
enters the following F~d1ngs oC Fac~, Conclusions of Law, and Order.
The Findings or Fact are: Based on testimony of the Occupational License
Division, contact has been made with Foto Stop of Countryside and they have
failed to obtain the necessary City of Clearwater Occupational License.
The Conclusions of Law are Foto Stop of Countryside is in violation of
Section 71.02 of the City of Clearwater Code of Ordinances.
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It is the Order of this Board that Foto Stop of Countryside shall comply
with Section 71.02 of the Code of the City of Clearwater by 5:00 p.m. on March
16, 1984. If Foto Stop of Countryside 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 Foto Stop of Countryside 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, pur~uant
to Chapter 80-300 Laws of Florida, 1979. Upon complying, Foto Stop of
Countryside shall notify Stu 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
~tion was duly seconded and carried unanimously.
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Done and Ordered this 14th day of March, 1984.
UliFIHISBED BtsDJESS
CASE NO. 58-83
Charles Robinson
Mr. Hostetler moved to accept the Affidavit of Compliance with the first
part of the Order regarding the demolition of the rear 1/4 or the building.
The aotion was duly seconded and carried unanimously.
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()THER BOARD AClION
REVIEW OF LmN STATts REPORT
There was no action necessary at this time. The Board requested a letter
be sent to the City Attorney's office requesting a status report on the
f'orecl05ures that are in process.
IiEV BUSDiESS
The Chairman reported a response had been received from the City Attorney's
office regarding the Board's concern of lack of reppesentation by the City
Attorney's office at a previous meeting. He stated the City Attorney indicated
this would not happen again.
He also reported a response had been received from the City Manager
regarding the Board's concern regarding the Occupational License Code. He
indicated attempts are being made to revise the ordinance to make it more
effective.
Syd Snair, Occupational License Inspector, indicated a proposal is now
being considered which would permit an imposition of a $50.00 fine if a citation
is written for operating without a license and another $50,00 fine for
administrative rees if the case has to come before the Municipal Code
Enforcement Board.
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