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05/09/1984 b'.". , ' . . , " ..' I, ~. ' ."~' 7, '.r .,..'-...... .' '~ . " .........'O:lI_\.ItIM-""~~~,.:~___.. ... () MUIIICIPlL CODE mIFORCEHEIIT BOARD Meeting of May 9. 1984, 2:00 p.m. ___...~_w.__ --.___.-,_~-...........--~ ApDda ACTION 1. Public HeariDga 1. Publio llearinga (At tne time a for compliance time set the fee non-compliance. ) a. 2-84 Arthur Sirpilla (Zoning Code) (Contd from 4/11/84) b. 25-84 Global Management/K.O. Fuses (License Code) Steven Beneke (License Steven Deneke (License Steven Beneke (License Steven Beneke (Lioense Code) Fusco Corp (Zoning Code) David Robinson (License Code) CoIIpl1ecl case is heard and date set the Board shall at the same to be assessed in case of c. d. 26-84 27-84 28-84 29-84 30-84 34-84 Code) Code) Code) a. Complied - Accepted Affidavit of Compliance b. Contd to 6/13/84 c. Comply by 5/16/8tt d. Comply by 5/16/811 e. Comply by 5/16/84 f. Comply by 5/16/84 g. Comply witnin 20 days h. Withdrawn e. f. g. h. 2. Unt1D1abed lUs1Deaa 2. unr1Diabed &JsiDeaa a. 17-84 - Abdulla - Secretary directed to instruct Mr. Abdulla to appear at tbe next meeting to snow cause wny fine should not be levied. o V 3. other Board Action 3. otber Board Act.ion City Attorney reported Mrs. Russell has been served notice to appear bafore judge. II. IIev Bus:lDeas l&. Jlew Business - None. 5. H1Iutea ot Apr11 11, 19M .eet:lD8 5. HlDmteo - Approved. 6. Ad~t 6. llljou...-ent. - 3:30 p.m. @....'~., ,.,'..1, - ,\" ~ '~. (.~I rs .. '" r- '. .1" i; ""'""'W- l'1~"""""""'_______. , " , , . .___........~_"'~~l.....,"'"- ..__~__._.....:___---. MUNICIPAL CODE ENFOHCEMEwr BOARD o May 9, 1 ':184 Hembers present: Don Winner, Vice-Chairman James Ange lis Robert Aude John F. Gerlach Robert Hostetler Robert Yankanich Absent: John Enrig - Chairman (unexcused) Also present: Thomas Bustin, City Cyndie Goudeau, Attorney Secretary for the Board @ The meeting was called to order by the Vice-Chairman at 2:0b 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. l~ noted that Florida Statute 2B6.0105 requires any party appealing a decision of this Board to have a verbatim record of the proceedings to support such an appeal. PUBLIC HlWlINGS CASE NO. 2-84 Arthur Sirpilla The City Attorney reported he had an Affidavit of Compliance in this case. Mr. Hostetler moved to accept the Affidavit of Compliance and withdraw the case. The motion was duly seconded and carried unaniloously . CASE NO. 25-84 Global t-1anagement/K.O. Fuses The Secretary reported she had not received a return receipt for the certified letter notifying the violator of the hearing. Hr. Hostetler moved to continue this case until the next regularly scheduled meeting of June 13, 1984. The motion was duly seconded and carried unanimously. €!)."". t".." ....."'~i,.' 1 . 5/9/84 ,r- r- I " i ~ ' - tt~~$:::"~.~Y1!t''A'L~~~Jt"~,~,,,,'';\'J~t.':'!'~\h':}'b.''.~t,,''''.:'''5:~f,~~~~;~;;'ltMt":J, ~:if.;;.tlhf.ll_tlol'.-.l.....""t.,.,;;o.JI>. ."",..~\ttJ.'lt:'t...'";.t.. "'~ ":,.~~...~ 'C-- ;:......;..~_ ~l;.":..~.:;t<t ':~~:.tI"!'1\.~~>:~,,~..~'t"t' r:~ wn"....~~Ii'~!'Jo'T..":;j\:~~ .";:~ ...7.~ ,:;'lfi"".Io:I-,<<l~':"'_,-,,,,___.~_, .__ i I 1 . j '0 CASES NO. 26-84, 21-84, 28-84 & 29-84 Stephen G. Beneke (License code) By consensus the Board decided to hear these cases together. Stu Williams, License Inspector, stated that several notices had been sent to Mr. Beneke regarding the need for an occupational license for these rental properties. He reported receiving a letter from Mr. Beneke stating he had an attorney's license whicil allowed him to be in property management and he felt that license was sufficient. The License Inspector stated that rental units require a license separate from a professional license. Upon questioning, he reported tne number of units is not known as no application has been filed indicating that information. Mr. Beneke was not present at the hearing. o Mr. Hostetler moved that regarding Case No. 26-ti4, 21-d~, 2d-84 & 29-tl4 re: violation of Section 11.02 of the Clearwater City Code on properties with legal descriptions as follows: Lot 9, Blk 1, Nicholson Sub located at 708 Nicholson St., Lot 1, John Williams Sub located at 1311 N. Myrtle Ave., Lot 5, Blk 1, Nicholson Sub located at 700 Nicholson St., Lot 2, John Williams Sub located at 130~ N. Myrtle Ave., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held this ~th day of May, 1~8~, 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: Evidence submitted shows no licenses have been purchased for rental units at the above referenced addresses. The Conclusions of' Law are: Mr Stephen G. Beneke is in violation of Section 71.02 of the City of Clearwater Code of Ordinances. It is the Order of this Board that Mr. Stephen G. Beneke shall comply with Section 71.02 of the Code of the City of Clearwater by May 16, 1984. If Stephen Beneke does not comply within the time specified, he shall pay a fine of $20.00 per day for each day each violation continues to exist. If Stephen G. Beneke 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 tne violation exists or some other real property owned by Mr. Beneke, pursuant to Chapter 80-300 Laws of Florida, 1979. Upon complying, Stephen G. BeneKe shall notify Stuart L. Williams, the City Official who shall inspect the property and notify the Board of compliance. Snould a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and upon the vote being taken Messrs. Yankanich, II/inner, Angeles, Hostetler, and Aude voted "Aye j" :'1r. Gerlach voted "Nay." Motion carried. ~ V Done and Ordered this 9th day of 11ay, 1904. 2. 5/9/84 r , ,:i' " 'l1'\M4~___._ I 1 ,I I o , 0:,' , ' @...:" ''-'.,'" , , r" ~ _.__~....,.,.__.__.__2-_~...._....___.. ,. CASE NO. 38-84 Fusco Corp. (Zoning Code) Leo l'1enendez, loning Enforcement Officer, stated that four commercial truilers are parked on property owned by Fusco Corporation in an R[1-d zone. Exhibit #1, being a picture taken on this date showing t~e trailers parked on the vacant property, was submitted into evidence. It was stated thr: trailers have been at this location in excess of 45 days. Kay Kerr, representing Fusco Corporation, stated the trailers were obtained while the mall was under renovation. They could no longer get permits to store the trailers on the mall lot and had placed the trailers on the property not realizing they were in violation of the zoning code. They have sold the trailers and they are to be moved within a week. Mr. Gerlach moved that regarding Case No. 30-84 re: violation of Section 131.220 (1)(2) of the Clearwater City Code on property with a legal description as follows: 11&B 34.01 Section 15-29-15 located at 1200 S. Missouri Ave, the MuniCipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Boar'd hearing held this 9th day of May, 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: Exhibit One, a picture of the violation, was presented and accepted into evidence showing commercial trailers stored 011 the property. The Conclusions of Law are: FU3CO Corpo~ation is in violation of Section 131.220(1)(2) of the City of Clearwater' Code of Ordinances. It is the Order of this Boar'd that Fusco Corporation shall comply witn Section 131.220(1)(2) of the Code of the City of Clearwater within 20 days. If Fusco Corporation does not comply within the time specified, they he shall pay a fine of $10.00 per day for each day the violation continues to exist. If Fusco Corporation does not comply within the time specified, a certified copy of this Order, together with an Affidavit of Non-Compliance, shall be recorded in tne 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, Fusco COr'poration shall notify Leo Menendez, the City Official who shall inspect the property and notify the Boaed of compliance. Should a dispute arise cancer'ning compliance, either party may request a further hearing before the Board. The mot'on was dUly seconded and carried unanimously. Done and Ordered this 9th day of i1ay, 19~4. CASE NO. 3!1-8!1 David Robinson (License Code) The License Inspector stated the violation had been corrected. 11r. Yankanich moved to withdr'aw this case. 'rhe motion was duly seconded and carried unanimously. ~.~ I . , . ,~I"~~~E;.;:t;;f;:~~':~i:!~.~~~,' :,] \'t:t:,~';I.~~~..:f.t;'",1.:-> .3. .r-. r 'T:' :. , . "',' , '. r T: . " 'J . I: , ' :w..:.,,",~~IW_'" 1 ~ 1 I .-r.......':f::______ _ ...~_~_,.._..._..__._...R_.__'~______,~ .. ,._.__._____~~'"'1"""'...~I!.,!/'fN'>,J/J~............-..-.., C) UNFIliISHED BUSINESS CASB NO. 11-811 Arnza & [Uem AbJullaj Tom Chaplinsky, Building Inspector, ata ted a demolition permit was issued to 111"'. Abdullaj on the 20th of April, 19t14, the compliance date for the first portion of the order issued on this case. Inspector Chaplinsky was concerned because the order of the Board gave a completion date of October 15, 1984. He stated that the ~uildin~ Department imposes a 60 day limit on demolition permits. I ': Mark Nadel stated he has a contract to purchase the property and when he entered into the contract he was not aware of the pending violation against the property. Tile closing date for the property transaction is set for June 1S, 1984. He stated he intends to rehabilitate the building. Discussion ensued re~arding the iloard's order and the fact that their timetable was based upon testimony that the Abdullajs planned to renovate the building and the permits in the order refer to construction permits not demolition permits. C) Further discussion ensued in how to resolve the question. Mr. Hostetler left the meeting at 3: 10 p.m. The City Attorney advised the Board to send the Abdullas a letter requiring them to appear before the Board at their June 13th meeting to show cause why the fine should not be imposed for non-compliance as the order addressed construction not destruction. t1r. Angeles moved to direct the Secretary to send a "sho~ cause" letter to the Abdullajs requiring their appearance at the June 13, 19d4 Municipal Code Enforcement meeting. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION CASE NO. 1-81 Mrs. Hoke Russell The City Attorney reported that Mrs. Russell is to appear before the judge at which time he will try to resolve the situation by getting her to agree to use the funds already submitted in payment of the fine to bring the building up to code. NEW BUSINESS None HINUTES The Vice-Chairman presented the minutes of the meeting of April 11, 19~4, for consideration. Mr. Yankanich moved the minutes be approved as submitted. The motion was duly seconded and carried unanimously. ':2\ :'0 4. 5/YIB4 , "