12/12/1984
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MUNICIPAL CODE ENFORCEMENT BOARD
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Meeting of December 12, 198~, 2:00 p.m.
Agenda
Public Bearings
the time a case is heard
for compliance the Board
the same time set the fee to
in case of non-compliance.)
a. 57-84 J C Ratcliffe (Casa Marina
Apts) - Building Code
b. 58-84 Seaspire Inc - Building Code
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1.
(At
set
1. Public Bearings
and date
shall at
be assessed
a. Comply by 12/18/84.
b. Begin securing bldg within 48 hrs,
complete securing within 30 days,
obtain permits to renovate or
demolish within 90 days.
c. Withdrawn.
d. Comply within 30 days.
c. 59-84 Nancy Haney - BUilding Code
d. 60-84 John Espey - Building Code
2. UDt1niabed Buaineu
a. Wm Anderson - Affidavit of
Non-Compliance
3. Other Board lotion
... lev Business
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5. Minutes of November 14, 1984 mtg
6. AdjollrllMDt
2. Ont'1n1abed Business
a. Accepted.
3. Otber Board Aotion
None.
4. lev Business
Secretary directed to draft letter
to City Manager re legal counsel.
5. Minutes
Approved.
6. Adjourned ~:41 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
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December 12, 1984
Members present:
John Ehrig, Chairman
Don Winner, Vice-Chairman
James Angelis (arr. 2:04)
Robert Hostetler
Robert Yankanich
Tim Amburgy
Absent:
Robert Aude (unexcused)
Also present:
Alan Zimmet, Assistant City Attorney
Cyndie Goudeau, Secretary for the Board
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The meeting was called to order by the Chairman at 2:02 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. 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 HlWlDGS
CASE HO. 57-811
J.e. Ratcliffe (Zoning Code)
Leo Menendez, Zoning Enforcement Officer,
received on the 27th of October, 1984.
to be parked on the front yard setback with utilities attached. The owner
was advised to vacate. Subsequent investigations found the trailer in
the same location and the utilities still hooked up. Exhibit A Composite,
being four pictures showing the location and the condition of the trailer
taken on various dates, was submitted into evidence.
stated a complaint was
Investigation showed a trailer
Mr. Albert J. Herman, owner of the property next door, stated he had
witnessed the trailer parked in the front yard setback since February.
He further stated it had been moved 4 or 5 days around the first of
November and he has witnessed lights on in the trailer, heard voices and
has seen people going in and out of the trailer.
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Mrs. Jean Ratcliffe stated no one is living in the trailer, however
they do have a cockatiel nesting in the trailer which they do not wish
to disturb. She stipulated that it is parked in the front yard setback
in violation of City code.
Mr. Yankanich moved that regarding Case No. 57-84 re: violation of
Section 131.220(2) o~ the Clearwater City Code on property with a legal
description as follows: Lot 5, Block 77, Mandalay Replat Unit 5, located
at 663 Bay Esplanade, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this 12th
day of December, 1984 and based on the evidence, the Municipal Code
Enforcement Board enters the following F1nd~ of Fact, Conclusions of
Law, and Order.
The Findings of Fact are from the evidence presented by Mr.
Menendez, a travel trailer has been parked in the front yard setback of
the address above.
The Conc1usioDS ot Law are the address above and Mrs. J.C. Ratcliffe
are in violation oC City Code 131.220(2).
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It is the Order of this Board that Mrs. J,C. Ratcliffe shall comply
with Section 131.220(2) of the Code of the City of Clearwater by December
18, 1984. If Mrs. J.G. Ratcliffe does not comply within the time
specified, she shall pay a fine of $10.00 per day f'or each day the
violation continues to exist. If Mrs. J.C. Ratcliffe 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, Mrs. J.C. Ratcliffe shall notify Leo Menendez, 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 12th day o~ December, 1984.
CASE 1i0. 58-8~
Seaspire Inc (Building Code)
The Secretary reported a continuance has been requested by Mr. Allen
Samuels, registered agent, as the owner, Mr. Harvey Harris, is out of the
country until mid-January.
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Tom Chaplinsky, Building Inspector, stated the Building Department
objects to the continuance as the building is in such a state of disrepair
that it is considered a hazard, Inspector Chaplinsky reviewed the notices
sent and contacts with the owner and Mr. Samuels in an attempt to resolve
this problem. He stated the first Notice of Violation was written in
December of 1983 and he has been attempting to obtain compliance since
that time. He stated that on April 11, 1984, the Building Board or
Adjustment and Appeal granted a 90 day extension fop the owner to obtain
permits to renovate or show that the bUilding had been sold.
Mr. Samuels stated Mr. Harris is out of the country until late
January. He stated he had a proposal for an on-site caretaker which he
wished the Board to consider and he requested the hearing be continued
to such time as Mr. Harris could be present.
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Mr. Hostetler moved to deny the request for a continuance of the
hearing. The motion was duly seconded and carried unanimously.
Inspector Chaplinsky reviewed the history of the case stating it has
been a continuing problem with vagrants occupying the structure causing
unsanitary conditions, leaving it unsecured, and due to the state of the
interior, the building has been declared unsafe. He reviewed the
extensions of time granted Mr. Harris in an effort to bring the building
into compliance. In response to a question, he stated the building was
not structurally unsafe but it did present hazards to the public. City
Exhibits 1A-F, pictures taken on December 11, 1984 showing the condition
of the property, were submitted into evidence.
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Mr. Samuels stated Mr. Harris is attempting to tiell the property and
several potential sales have not come to fruition. He presented his plan
for having Mr. Joseph Murman as an on-site caretaker of the property.
It was stated that zoning would not allow Mr. Murman to live in the
structure. Mr. Samuels requested the Board delay any action until Mr.
Harris has returned in late January.
Mr. Hostetler moved that regarding Case No, 58-84 re: violation of
Sections 133.01 & 133.n2 of the Clearwater City Code on property with a
legal description as follows: Lots 4,5 & 6, Island Estates Unit 5, located
at 217 Windward Passage, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this 12th
day of December, 1984, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings of Fact, Conclusions or
Law, and Order.
The Findings of Fact are: The testimony submitted today, inCluding
Exhibits 1A-F, pictures of the structure, show the bUilding is an unsare
building in accordance with Sections 133.01 and 133.02 of the City Code.
The Conclusions of Law are: The building does violate Sections
133.01 and 133.02 of the City Code.
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It is the Order or this Board that Mr. Harris/Seaspire Inc shall
comply with Sections 133.01 & 133.02 of the Code o~ the City of Clearwater
by securing the building within 30 days, and 60 days from that time shall
secure permits 01" demolish the building. If Mr. Harris/Seaspire Inc does
not comply within the time specified, he shall pay a fine of $100.00 per
day for each day the violation continues to exist. If Mr. Harris/Seaspire
Inc does not comply within'the time specified, a certified copy of this
Order, together with an Affidavit or Non-Compliance, shall be recorded
in the public records of the Office of the Clerk o~ 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, Mr. Harris/Seaspire Inc 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 motion was duly seconded.
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Discussion ensued regarding the motion.
CD
Mr. Hostetler amended his motion for the Order to read: It is the
Order of this Board that Mr. Harvey Harris, Seaspire Inc, shall comply
with Sections 133.01 & 133.02 of the Code of the City of Clearwater by
commencing work to secure the building within 48 hours and completing the
securing within 30 days, the method of securing to be approved by the
Building Dept and the progress of such to be monitored by the Building
Dept as it deems necessary. Within 60 days of the expiration of the 30
days given to secure the bUilding, permits to either renovate or demolish
the bUilding shall be obtained. If permits have not been obtained within
the time allowed the Building Dept is directed to follow the procedures
for demolition by the City. Ir Mr. Harvey Harris, Seaspire Inc, does not
comply within the times specified, he shall pay a fine of $100.00 per day,
for each instance of of non-compliance, for each day the violation
continues to exist. If Mr. Harvey Harris does not comply within the time
specified, a certi~ied 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 o~ Florida, 1979. Upon
complying, Mr. Harvey Harris shall notify Tom Chaplinsky, the City Official
who shall inspect the property and notify the Board or compliance. Should
a dispute arise concerning compliance, either party may request a further
hearing before the Board.
The seconder accepted the amendments. Upon the vote being taken,
the aaended motion carried unanimously.
Done and Ordered this 12th day of December, 1984.
The Board recessed from 3:57 p.m. to 4:02 p.m.
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CASE .0. 59-84
Nancy Haney (Building Code)
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The Assistant City Attorney requested this case be withdrawn as the
violation has been corrected. Mr. Winner moved to accept the request for
withdrawl. The motion was duly seconded and carried unanimously.
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CASE 110. 60-84
John Espey (Building Code)
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Tom Chaplinsky, Building Inspector, stated the structure which had
been a duplex was converted into a triplex with no permit being issued.
The work has been in place for some time and as there was no permit issued,
the Building Department cannot state when the work was done. On June 7,
1982 the zoning of the property was changed from CTF-28 to RS-50. If the
work was done before that date, a triplex would have been allowed, after
that date, a triplex would not have been allowed. City Exhibit 1, a copy
of a permit to install a third meter issued June of 1982, was submitted
into evidence. City's Exhibits 2A-D, being four affidavits from homeowners
in the Navajo Park subdivision stating the work was done in December of
1982, were submitted into evidence.
Mrs. John Espey stated they purchased in April of 1984 and at that
time it was a triplex. Violator's Exhibit 1, a letter from the previous
owner stating the work had been done prior to the zoning change, was
submitted into evidence.
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Tom Chaplinsky stated he wished to add an emergency item to the list
of violations stating that the attic apartment has inadequate egress rrom
the bedroom in the case of an emergency. The apartment is rented at this
time.
Mr. Hostetler moved that regarding Case No. 60-84 re: violation of
Section 133.01 or the Clearwater City Code on property with a legal
description as follows: Lots 1-5, Block F, Navajo Park Revised, located
at 1765 N. Fort Harrison Ave, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held this
12th day of December, 1984, and based on the evidence, the Municipal Code
Enforcement Board enters the rollowing Findings or Paot, Conclusions of
Law. and Order.
The Findings of Pact are: Evidence submitted by the previous owner
of the property stipulates construction of the 3rd unit was completed prior
to June 7, 1982.
The Conolusions of Law are: A triplex was acceptable
7, 1982 but the construction was completed without a permit.
the upper (attic) unit is inadequate in case of emergency.
prior to June
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It is the Order of this Board that John Espey shall comply with
Section 133.01 oC the Code of the City of Clearwater by obtaining permits,
paying fees and installing larger window in upper unit within 30 days.
If John Espey does not comply within the time specified, he shall pay a
fine or $30.00 per day for each day the violation continues to exist.
If John Espey 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 Ofrice 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 or. Florida, 1979. Upon complying, John Espey 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 motioa was duly seconded and carried unanimously.
Done and Ordered this 12th day of December, 1984.
UIIF'DIISIIED BIJSIlIESS
CASE HO.56-811
William Anderson (Building Code)
Affidavit of Non-Compliance
Mr. Yankanich moved to accept the Affidavit of Non-Compliance.
motion was duly seconded and carried unanimously.
The
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01'IIBR BOARD AcrI<II
The Chairman stated he was concerned about the lack of legal counsel
for the Board at the meetings. The Secretary was directed to draft a
letter to the City Manager stating the Board's concern. The Chairman
reported that January would be the time to call for the election ror the
Chairman for neKt year. He stated he preferred not to be re-elected.
Mr. Ehrig left the meeting at ~:35 p.m.
It was the concensus of the Board to delay action regarding the Lien
Status Report until the next meeting.
HEll BUSDBSS
None.
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