03/13/1985
,.____~~"':f~Jti'n~\1;t:f'f~FtI.1~,.~:r.~~fH~
cc. if45-85 Fordman Beaoh (License)
CD Coaplled
dd. #47-85 Paul Adams (License)
ee. #49-85 Coburk Corp (License)
Coaplled
ff. #50-85 Glenn D. Baker (License)
Coaplied
gg. /151-85 Beach Realty Property (License)
Coaplled
hh. 152-85 Western Consolidated (License)
Caaplied
i1. R53-85 Richard Blackham (License) 11. Comply by 3/29/85
jj. #54-85 Lawrence Furhmann (License)
Coaplied
kk. 1156-85 Sotirios Agelatos (License)
Caaplied
ll. /158-85 Edward McKinney (License)
Coaplled
Mm. /160-85 Aquatics Inc. (License)
Coaplled
nn. /161-85 Royal Pools Inc. (License)
Coaplled
00. #62-85 Lewis Segal (License)
ec.plled
pp. 963-85 Curtis McCoy (Lioense)
qq. 1165-85 Donald Lewis (License)
Coaplied
CD rr. /167-85 Anthony Def'reitas (License)
.' . ~ Coaplied
55. R68-85 Charles Davey (License)
eo.plled
tt. /169-85 Jimmy Robinson (License)
uu. 870-85 James & Laura Martin (License)
Co8pllec1
vv. 871-85 Thomas Reninger (License)
@ c:o.plied
.. ',1- ww. D72-85 B &: B Sales & Service (License)
eo.plied
xx. 1174-85 Joseph Gucciardo (License)
Caap11ed
yy. 1175-85 Joseph Gucciardo (License)
ec.plied
zz. 1177-85 Baracutta E:nterprises (License)
c:c.plled
aaa. 1178-85 Camille Marshall (License)
ec.plled
bbb. 079-85 Larry Marshall (License)
c:c.plled
ccc. n80-85 Spot lite Cleaners Inc (License)
ddd. '83-85 Richard Zona (License) ec.plled
eee. '84-85 Donna Gray (License) eo.pllec1
fff. '85-85 Lois Butler (License)
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#88-85 Thrifty Automotive Inc (License)
co.pllecl
191-85 Henry Robinson (License)
Caapllecl
093-85 Charles & James Johnson (License)
Caapliecl
198-85 Robert Marlowe (License) Caaplied
199-85 Edwin Hotz (License) Coaplled
1100-85 George Cantonis (License)
Coaplled
1101-85 Bridget Hafeley (License)
Coaplled
1102-85 Eunice Mattear (License)
1103-85 John Phillip Tuba Corp (License)
eo.plled
1105-85 Sparro's of Countryside (License)
eo.plled
1106-85 Petrillo Penner Inc (License)
Coaplled
1110-85 Kenneth Zechiel (License)
1111-85 Imperial Building Service (License)
1112-85 Rikard Homes & Realty (License)
1113-85 Donna Leadbetter (Building)
1114-85 Harold Robinson (Building)
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Comply by 4/15/85
Secure building within 15 days
and obtain permit to renovate
or demolish within 90 days.
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2.
Unt'iniabecl Bus1neaa
2.
None.
3.
Other Board Actlon
3.
State of liens reviewed.
II.
Hew Bua1nesa
4.
Need for attorney to advise the
board discussed.
Approved.
5.
Minutes of February 13, 1985 meeting
5.
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AdjOUl'DMllt
6.
Adjourned 4:55 p.m.
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1
MUNICIPAL CODE ENFORCEMENT BOARD
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Maroh 13. 1985
Members present:
John Ehrig, Chairman
James Angel1s
Robert Aude
Robert ltostetler
Tim Amburgy
Also present:
Thomas Bustin, City Attorney
Cyndle Goudeau, Secretary for the Board
The meeting was called to order by the Chairman at 2:01 p.m. in the
Commission Meeting Room in City Hall. He outlined the prooedures and
advised any aggrieved party may appeal a final administrative order of
the Municipal Code Enforcement Board to the Circuit Co~rt oC Pinellas
County. Any suoh appeal must be filed within thirty (30) days of tbe
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.
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The City Attorney requested Case Nos. 2-85, 6-85, 1-85. 9-85, 10-85,
12-85, 13-85, 14-85, 16-85, 11-85, 19-85, 22-85, 25-85. 29-85, 30-85, 32-
85, 33-85, 35-85. 31-85, 38-85, 39-85, 40-85, ~1-85, 42-85, 43-85, ~5-85,
41-85, 49-85, 50-85, 51-85, 52-85, 54-85, 56-85, 58-85, 60-85, 61-85, 62-
85. 63-85, 65-85, 61-85, 68-85, 69-85, 70-85, 71-85, 72-85, 74-85, 75-85,
77-85, 18-85, 19-85, 80-85, 83-85, 84-85, 85-85, 88-85. 91-85, 93-85, 98-
85, 99-85, 100-85, 101-85, 102-85, 103-85, 105-85, 106-85, 110-85, 111-85,
and 112-85 be wlthdra~n as compliance has been obtained.
Mr. Hostetler moved to accept the request for withdrawals. The
.otlOD was duly seconded and carried unanimously.
CASI 10. 5-85
John Ford (License Code)
stu Williams, Occupational License Inspector, stated a renewal notice
was sent out in August of 1984 stating the license expired September 30.
1984 and a license was to be obtained by October 1st. No license has been
obtained as of this date. He stated he has visited the location and a
car advertlsing American Services is parked on the property. City Exhibit
'1, a photograph of the car, was submitted into evidence. Phone calls
to the looation have been answered as American Services. There has been
no actual contact witn Mr. Ford. The Notice of Hearing was sent and the
receipt returned. The violator was not present at the hearing.
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3/13/85
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M~. Aude moved that rega~ding Cas~ No. 5-85 ~e: violation of Section
11.02 of the Clearwate~ City Code on property located at 1201 Betty ~ane
North, the Municipal Code Enforcement Board nas heard testimony at the
Munioipal Code Enforcement Board hearing held this 13th day of Maroh, 1985,
and based on the evidenoe, the Municipal Code Enfo~cement Board ente~s
the following '1_1..- ot 'ut, CoDolwalou or l.uI, aad Order.
The r1Dd1~ ot Paot are Mr. Ford is engaging in business at 1201
Betty Lane North without a license.
The CoDol..loaa ot Law are Mr. Ford is operating a business in
violation of Section 11.02 of the Clearwater Code.
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It is the Order of this Boa~d that John Ford shall comply with
Section 11.02 of the Code of the City of Clearwate~ by March 15, 1985.
If John Ford does not comply within the time speoified, he shall pay a
fine of $10.00 per day for each day the violation continues to exist.
If John Ford does riot comply within the time speoif'ied, a certified oopy
of this O~der, together with an Affidavit or Non-Compliance, shall be
recorded in the pUblio reco~ds of the Office of the Clerk of the Ci~cuit
Court in and for Pinellas County, and once recorded shall constitute a
lien against real or pe~sonal property owned by Mr. Ford, pursuant to
Chapter 82-37 ~aws of Florida, 1982. Upon complying, John Ford shall
notify Stu William3t the City Official who shall inspeot the property and
notify the Boa~d of compliance. Should a dispute arise concerning
compliance, either party may request a rurther hearing before the Board.
The 8Dtiao was duly seconded and ~ed unanimously.
DaDe aad ~ this 13th day of Maroh, 1985.
C&SI 10. 8-85
Cathe~ine O'Connell (~icense Code)
Stu Williams, Ocoupational License Inspeotor, stated a ~enewal notice
was sent out in August stating the license expired September 30, 1984 and
the license must be obtained by Octobe~ 1, '984. No liaense has been
obtained as of this date. Mrs. O'Connell lives in Minnesota. Apartments
at 110 Brightwater Drive on Clearwater Beach are being rented without a
license. The Ocoupational License office received a call from Minnesota
from Mrs. O'Connell's son who stated the fee would be paid. As of this
date, no fees have been received in the Occupational License office. The
Notiae of Hea~ing was sent and the receipt returned. The violator was
not present.
M~. Angells moved that regarding Case No. 8-85 re: violation of
Seotion 11.02 of the Clearwater City Code on property located at '10
Brlghtwate~ Drive, the Municipal Code Enforcement Boa~d has heard testimony
at the MuniCipal Code Enforcement Board hearing held this 13th day of
Ha~ch, 1985, and based on the evidenoe, the Municipal Code Enforcement
Board enters the fOllowing Plndl~ or r.ot, CaDolualoea or Law. aDd
Order.
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3/13/85
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Mr. Hostetler moved that regarding Case No. 34-85 re: violation of'
Section 71.02 of the Clearwater City Code on property located at 2118 Drew
Street, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held this 13th day of March, 1985,
and based on the evidence, the Municipal Code Enforcement Board enters
the following f'l""i..,. or hot, CoIIoluaiaaa or Law, aDd Order.
The Plnd1~ or Pact are license fee was paid by mail postmarked
10/3/84. Fee was late and a penalty charge of $14.62 was due as authorized
by Section 71.05 of the City Code. Section 71,33 states pa~ent of all
fees is necessary to validate the license.
The Coaolualoaa or taw are total fees and penalties were not paid
and Mr. Dalton is in violation of' City Code.
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It is the Order of this Board that Dalton Audio/Micnael Dalton shall
comply with Section 71.02, 71.05 & 71.33 of the Code of the City of
Clearwater by March 15, 1985. If Dalton Audio/Michael Dalton does not
comply within the time specified, he shall pay a fine of $10.00 per day
for each day the violation continues to exist. If Dalton Audio/Michael
Dalton does not comply uithin 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
real or personal property owned by Michael Dalton, pursuant to Chapter
82-37 Laws of Florida, 1982. Upon complying, Dalton Audio/Michael Dalton
shall notify Ellen Brown, 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 Doard.
The .at1oa was duly seconded and oarrted unanimously.
DaDe aDd Ordered this 13th day of March, 1985.
Mr. Amburgy left the meeting at 3:00 p.m.
CAlI 10. 5J-85
Richard Blackham (License Code)
Ellen Brown, License Inspector, stated a renewal notice was sent out
in August stating the license expired September 30, 1984 and license was
required by October 1, 1984. No license has been obtained as of this
date. Mr. Blackham notified the Occupational License department he was
trying to sell the business. The inspector stated she had visited the
location and the door was open and there were signs asking for people to
make offers on the merchandise and that the business was for sale.
Richard Blackham stated the gentleman in the store is supposed to
be taking over the business and the store should not be open to the
public. He said he is trying to liquidate the merchandise. Upon
questioning, he stated he had not been in this business since October of
1984.
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3/13/85
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Mr. Aude moved that regarding Case No. 53-85 re: violation or Section
71.02 or the Clearwater City Code on property located at 107 Garden Ave
South, the Municipal Code enforcement Board has heard testimony at the
Munioi,pal Code Enforcement Board hearing held this 13th day of March, 1985,
and based on the evidence, the Municipal Code Enforcement Board enters
the following '1841.. or hat, CclDolaeloas or LaII, &Del order.
The 'lDdl~ or r.a~ are there is a business apparently in operation
at 107 Garden Ave South.
The CoDo1ua1oaa at ~ are due to the nature of the activities it
appears there is a business at this address operating in violation of
Section 71.02 of Clearwater Code.
A
V
It is the ~ of this Board that Mr. Richard Blackham shall comply
with Section 71.02 of the Code or the City of Clearwater by March 29,
1985. If Richard Blackham does not comply within the time specified, he
shall pay a fine of $5.00 per day for each day the violation continues
to exist. If Richard Blackham 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 real or personal property owned by Richard
Blackham, pursuant to Chapter 82-37 Laws of Florida, 1982. Upon
complying, Richard Blackham shall notify Ellen Brown, the City Of'ficial
who shall inspect the property and notify the Board of compliance. Should
a dispute arise concerning compliance, either party may request a rurther
hearing before the Board. The .ot1OD was duly seconded and upon the
vote being taken Messrs. ehrig, Angelis and Aude voted "Ayejll Mr. Hostetler
voted "Nay." MOtlaa aarr18d.
DaDe aDd Qrd..., this 13th day of March, 1985.
The Board recessed from 3:30 p.m.to 3:35 p.m.
CUB 10. 113-85
Donna ~eadbetter (Building Code)
Ton Cbaplinsky stated a complaint was received from the homeowners
association about an above-ground pool at '120 Webb Drive. He stated the
house was vacant and there was an above-ground swimming pool with stagnant
water. The stagnant water problem has been oorrected, however, there were
no permits on record for the pool and it violates City Code in that it
encroaches on the setback area and is in violation of the electrical code
due to the positioning of overhead wires. City Exhibits I1A and 1B,
pictures or the pool and the overhanging wires, were submitted into
evidence.
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3/13/85
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Donna Leadbetter stated she purchased the house a little over a year
ago and the pool was in place. She said relocating the pool would be
difficult and costly, however, she does wish to take care of the problem.
She stated, to her knowledge, the pool was put in approximately three years
ago.
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Mr. Hostetler moved that regarding Case No. 113-85 re: violation of
Section 133.01, 133.0~4 &: 13~.01 of the Clearwater City Code on property
with n legal description as follows: Lot 127, Ambleside 2nd Addition,
located at 1120 Webb Drive, the Municipal Code Enforoement Board has heard
testimony at the Municipal Code Enforcement Board hearing held this 13th
day of March, 1985, and based on the evidence, the Municipal Code
Enforcement Board enters the following FiDdlasa ot Fact. CoDolualoaa ot
Law. aad Order.
The 'lPdf~ of Fact are Testimony and photographs verify that a
swimming pool is on the property without permits in violation of the
building and electrical codes.
The CoDDluaioaa of LaK are the property is in v~olation of Sections
133.01, 133.044, and 134.01 of the Clearwater Code.
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It is the Order of this Board that Donna Leadbetter shall comply with
Sections 133.01, 133,0~4, and 134.01 of the Code of the City of Clearwater
by April 15, 1985. If Donna Leadbetter does not comply within the time
specified, she shall pay a fine of $5.00 per day for each day the violation
continues to exist. If Donna Leadbetter does not comply within the time
specified, a certified copy of' this Order, together with an Affidavit of
Non.Comp11ance, 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 real or personal property owned
by Donna ~eadbetter, pursuant to Chapter 82-37 Laws of Florida, 1982.
Upon complying, Donna Leadbetter shall notify To. Cbapltaakr, the City
Official who shall inspect the property and notify the Board of
oompliance. Should a dispute arise concerning compliance, either party
may request a further hearing before the Board. The 8Dtloa was duly
seconded and oarried unanimously.
loDe aDd ~ this 13th day of March, 1985.
CIS8 m. 11'-85
Harold Robinson (Building Code)
Tom Chaplinsky, Building Inspeotor, stated the original inspection
of the house was made by Inspector Ulen Hopkins, however, due to
oonditions, he did a follow-up inspection several days later. The house
is vacant. It is a two-story wood frame, was unsecured and filled with
old furniture and debris. He said it was impossible to walk through the
house so there were some oonditions that were not observable. There was
termite dalllage. City Exhibits f1A - D, pictures of the structure, were
submitted into evidence. He stated the debris has been removed, however,
the house is still unsecured and unsafe.
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3/13/85
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Mark Warda, attorney for Mr. RObinson, stated Mr. Robinson is aware
of the problem but does not have the money to fix the house. He would
like to do something about it and is investigating the possibility of
receiving a Community Development loan.
Mr. Angelis moved that regarding Case No. 114-85 re: violation of
Section 133.01 &: 133.02 of the Clearwater City Code on property with a
legal description as follows: north 1/2 of Lot 15, Block 2, Hart's
Addition to Clearwater, located at 507 North Garden Ave, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held this 13th day of March, 1985, and based
on the evidence, the Municipal Code Enforcement Board enters the following
rin4i.. or hot, Ccxaolualoaa or Ln, IIIICI Order.
The r1P4t~ of Faot are the building at
very bad shape and is unsafe by all criteria.
by pictures submitted as evidence.
the above address is in
This condition is also noted
The CoDolualoae of ~ are the building is in violation of Sections
133.01 and 133.02 of the Clearwater Code.
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It 1s the Order of this Board that Harold Robinson shall comply with
Sections 133.01 and 133.02 of the Code of the City of Clearwater by
securing the building by closing up all possible means of access within
15 days and within 90 days obtaining a permit to renovate or demolish the
building. If Harold Robinson does not comply within the time specified,
he shall pay a fine of $10.00 per day for each day the violation continues
to exist. If Harold 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 real or personal property owned by Harold
RObinson, pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying,
Harold Robinson shall notify Tom Chaplinsky, the City Official who shall
inspect 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 .ot1oa was duly seconded and oarr1ed uanimously.
maa. CDd Or~~ this 13th day of March, 1985.
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None.
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The City Attorney reported :he judge had ruled against the City in
the foreclosure suit against Clearwater Seville Ltd. He stated an appeal
has been filed.
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3/13/85