09/12/1984
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MUNICIPAL CODE ENFORCEMENT BOARD
()
Meeting of September 12, 1984, 2:00 p.m.
Aotion Agenda
1. Publio lharlD8a
(At the time a case 1s heard and date set
for compliance the Board shall at the same
time set the fee to be assessed in case of
non-compliance.)
a. 51-84 (Cont'd) Richard Avichouser
(Fire Code)
b. 52-84 Donald Kirby, Jr. (License)
c. 53-84 Thomas Donato (Sign)
d. 54-84 Thomas Donato (Sign)
e. 55-84 Dr. C. Clark (License)
1. a. Comp ly by Dec. 12, 1984
b. Withdrawn
c. Withdrawn
d. Withdrawn
e. Withdrawn
2. tht1niahed Business
a. 35-84 Arbor Advertising Co.
Request for extension to compliance
date
2 a. Extended compliance date 30
days.
b. 1. Accepted Affidavit of
Non-Compliance.
2. Accepted Affidavit of
Compliance.
Assessed fine of $175.00 for
7 days of Non-Compliance.
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b. 50-84 U.S. Sea Rescue
1. Affidavit of Non-Compliance
2. Affidavit of Compliance
3. other Board Aotion
II.
3. Secretary reported there would
be 3 liens to be considered for
foreclosure at the next meeting.
Mr. Gerlach reported he was not
asking to be reqppointed when his
his term expires on 10/2/84.
New Business
5.
Minutes or August 8, 19811 aaetin8
4. None
5. Approved
6.
6.
3:40 p.m.
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MUNICIPAL CODE ENFORCgMENT BOARD
September 12, 1984
Members present:
John Ehrig, Chairman
Don Winner, Vice-Chairman
James Angelis
Robert Aude
John F. Gerlach
Robert Hostetler
Robert Yankanich
Also present:
Alan SZimmett, Assistant City Attorney
Cyndie Goudeau, Secretary for the Board
The meeting was called to order by the Chairman at 2:06 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 Pine lIas
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.
()
In order to proVide continuity tor research the iteas vill be listed in
agenda order, although not necessarily discussed in that order.
PUBLIC BEARIRGS
A. CASE HO. 51-8' (Continued) Richard Avichouser (Fire Code)
Fire Inspector, John Chester, reviewed the history of this case.
He stated the apartment complex is one building with twelve or more units
and, therefore, must have a manual fire alarm system. Installation of
smoke detectors required to meet code has been done.
Exhibit A, a letter from Mr. Avichouser to Inspector Chester dated
July 23, 1984, was submitted into evidence. The letter states Mr.
Avichouser feels the addition of a 5/8" gypsum wallboard to separate the
units would creat two separate buildings according to the Standard Building
Code and therefore, not require the manual fire alarm system.
v
Inspector Chester stated the Standard Building Code requires a four
hour fire wall in order to consider the building separated. He stated
a fire wall would have to go from foundation through the roof. 5/8" gypsum
wallboard separation is considered tenant separation, not building
separation.
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Four slides showing complexes of a similar nature with manual fire
alarms i~~talled were shown.
1 .
9/12/84
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Mr. Avichouser stated he felt the Standard Building Code defined a
fire wall as a two hour wall and the units currently have masonry
separation between units and the first and second floor. He does not feel
that a four hour fire wall is required.
Discussion ensued regarding the requirement of a two hour wall versus
a four hour wall and that horizonal separation does not meet the
requirements for building separation.
Mr. Winner moved that regarding Case No. 51-84 re: violation of
Section 19-3.4.2.1 Lite Safety Code - NFPA 101 of the Clearwater City
Code on property with a legal description as follows: Sunset Point, 2nd
Addition Blk G, Lots 1 & 2, less Road, located at 1142 Sunset Point Rd.,
the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held this 12th day of September, 198~, and
based on the evidence, the Municipal Code Enforcement Board enters the
following Findings or Fact, Conclusions of Law, and Order.
The Findings of Fact are according to the Clearwater Fire Marshall's
office, Normandy Apartments has more than 12 units and must, therefore,
have a manual fire alarm system.
The Conclusions of Law are the property at 1142 Sunset Point Road
is presently in violation of Section 19-3.4.2.1 of the Life Safety Code.
o
It is the Order of this Board that R. Avichouser shall comply with
Section 19-3.4.2.1 of the Life Safety Code - NFPA 101 of the Code of the
City of Clearwater by either installing a 4 hour fire wall or installing
a manual fire alarm system by November 12, 1984. If R. Avichouser 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 R. Avichouser 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
Pine1las 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, R. Avichouser shall notify John Chester,
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 ~tiOD was duly
seconded.
Mr. Avichouser requested he be given ninety days to complete the
installation.
Upon the vote being taken Messrs. Ange1is, Hostetler and Ehrig voted
"Aye;" Messrs. Aude, Gerlach, Winner and Yankanich voted "Nay."Motion
tailed .
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9/12/84
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Mr. Winner moved that regarding Case No. 51-84 re: violation of
Section 19-3.4.2.1 Life Safety Code - RFPA 101 of the Clearwater City
Code on property with a legal description as follows: Sunset Point, 2nd
Addition Blk 0, Lots 1 & 2, less Road, located at 1142 Sunset Point Rd.,
the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held this 12th day of September, 1984, and
based on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Conclusions or Law, and Order.
',..:;,',
The Findings or Fact are according to the Clearwater Fire Marshall's
office, Normandy Apartments has more than 12 units and must, therefore,
have a manual fire alarm system.
The COnClusions ot Law are the property at 1142 Sunset Point Road
1s presently in violation of Section 19-3.4.2.1 of the Life Safety Code.
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It is the Orde~ of this Board that R. Avichouser shall comply with
Section 19-3.4.2.1 of the Life Safety Code - NFPA 101 of the Code of the
City of Clearwater by either installing a 4 hour fire walloI' installing
a manual fire alarm system by December 12, 1984. If R. Avichouser 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 R. Avichouser 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, R. Avichouser shall notify John Chester,
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.
Upon the vote being taken Messrs. Angelis, Aude, Ehrig, Gerlach,
Winner, Yankanich voted "Aye;" Mr. Host,etler voted "Nay."HotioD Carried.
B. ClSE 152-84 Donald Kirby, Jr. (License Code)
The Assistant City Attorney requested this case be withdrawn as the
violation has been corrected.
Mr. Gerlach moved to withdraw Case #52-84.
seconded and carried unanimOUSly.
The motion was duly
C. CASE 153-811 an d
D. CASE 15_-811 Thomas Donato (Sign Code)
Inspector Phil Bennis, of the Building Dept., related the history
of the case. He stated the violation has been corrected at this time.
However, it is possible that the violation will reoccur.
A
V
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected.
3.
9/12/84
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Mr. Gerlach moved to withdraw Cases 053, 54-84. The motion was duly
seconded and carried unanimously.
E. CASE 155-84 Dr. C. Clark (License Code)
The Assistant City Attorney requested this case be withdrawn as the
violation has been corrected.
Mr. Yankanich moved to withdraw Case #55-84.
seconded and carried unanimously.
The motion was duly
UHFIHISHBD BtEIIfESS
A. CASE 135-84 Arbor Advertising Co.
A request has been received from Mr. Andy Bylenga,
Advertising Co., to extend the compliance date for this
has met with Alan Szimmett, Assistant City
is being investigated to see that it meets
of Arbor
Mr. Bylenga
Attorney, and the
State statutes.
owner
case.
stated he
Ordinance
Alan Szimrnett, Assistant City Attorney, stated the City Attorney's
Office is reconsidering the Ordinance.
Mr. Hostetler moved to extend
1984 in Case #35-84 thiry days.
carried unanimously.
the compliance date of September
The motion was duly seconded and
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ITEM.
CASE 136-8~ Bay Area Outdoor (License Code)
The secretary reported she had received an Affidavit of Non-Compliance
in Case #36-84. She stated it was a case similar to the Arbor Advertising
case.
No action was taken on the Affidavit of Non-Compliance.
B. CAS! 150-84 U.S. Sea Rescue (Zoning Code)
Mr. Gerlach moved to accept the Affidavit of Non-Compliance.
motion was duly seconded and carried unanimously.
The
Mr. Aude moved to accept the Affidavit of Compliance assessing a
fine of One Hundred Seventy Five Dollars ($115.00) for seven days of Non-
Compliance. The motion was dUly seconded and carried unanimously.
OTHBR BOARD ACTION
Mr. Gerlach reported he was not asking to be reappointed when his
terms expires October 2, 1984.
lEV BUSIIIESS
None.
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9/12/84
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