04/10/1985
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of April 10, 1985, 2:00 p.m.
Agenda
ACTION
1.
(At
Publlc Bearings
the time a case is heard and date set
for compliance the Board shall at the same
time set the fee to be assessed in case of
non-compliance.)
115-85 Florida Insurance Administrators
(License) Complied
116-85 First Investors Corp. (License)
Complied
117-85 Mike Kane
118-85 Jim Terry (Fire)
119-85 Virgil Donahue
Complied
120-85 John Evans, Sr. (License)
Complied
1. Publio BearIngs
a.
a. Withdrawn
b.
b. Withdrawn
c.
d.
(Zoning)
Complied
(Building)
c. Comply by 4/15/85
d. \H thdrawn
e. Withdrawn
e.
f.
f. Withdrawn
2.
a.
UDt'IDiabecl Business
58-84 Seaspire/Mr. Harvey Harris
(Building) - Affidavit of Compliance
60-84 John Espey (Building) - Affidavit
of Compliance
1-85 Janet Shapiro (Housing) - Affidavit
of Compliance
5-85 John Ford (License) - Affidavit of
Non-Compliance
8-85 Catherine O'Connell (License)
Affidavit of Compliance
34-85 Michael Dalton (License)
Affidavit of Compliance
114-85 Harold Robinson (Housing)
Affidavit of Non-Compliance
2. Unt'iDshed Business
a. Accepted
b.
b. Accepted
c.
c. :-\ccepted
d.
d. Accepted
e.
e. Accepted
f.
f. Accepted
g. Accepted
g.
3.
a.
Other Board Action
Lien Status Report
3. Other Board Aotion
a. Reviewed
ITEM - Case D58-83 Charles
Robinson - Authorize letter to
Community Development stating
lien would be forgiven if
Community Development loan for
renovation of the house is given
to Mr. Robinson.
II.
lIev B\IS:lneas
II. lIev Business
Welcome new member, Mr. Morris
5.
Minutea ot March 13, 1985 .eetiDg
5. Minutes
Approved as corrected
6.
Adjo~l!JDt
6. Adjourned at 3:57 p.m.
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MUNICIPAL CODE EI~FORCEf1ENT BOARD
o
April 10, 1985
Members present:
(
John Ehrig, Chairman
Robert Aude, Vice Chairman
James Angelis
Robert Hostetler
Tim Amburgy
Frank Morris
Absent:
Adam f1idura (excused)
Also present:
Alan Zimmet, Assistant City Attorney
Cyndie Goudeau, Secretary for the Board
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The meeting was
Commission Meeting Room
advised any aggrieved party
the MuniCipal Code Enforcement
County. Any such appeal must
execution of the order to
the
He
Chairman at 2:05 p.m. in
outlined the procedures
final administrative order of
the Circuit Court of Pinellas
within thirty (30) days of the
He noted that Florida Statute
a decision of this Board to have
support such an appeal.
order by
Hall.
may appeal a
Board to
be fll ed
be appealed.
286.0105 requires any party appealing
a verbatim record of the proceedings to
called
in
to
City
PUBLIC IIBARDIGS
CASE 110. 115-85
Florida Insurance Adminstrators (License Code)
The Assist~nt
violation has
for withdrawal.
Ci ty Attorney
been corrected.
The aotiorl was
requested the case be withdrawn as the
Mr. Hostetler moved to accept the request
duly seconded and carried unanimously.
CASE 110. 116-85
First Investors Corporation (License Code)
The Assistant
violation
withdrawal.
Ci ty Attorney requested
has been corrected. Mr. Aude
The aotlon was duly seconded
the case be withdrawn as
moved to accept the request
and carried unanimously.
CASE RO. 111-85
Mike (John) Kane (Zoning Code)
Clarification was
is his brother but has
made that the violator is John
never lived at #4 North Jupiter.
Kane.
Mike
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the
and
the
for
Kane
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The Zoning Enforcement Officer, Leo Henendez, stated he received a
complaint on December 19, 1984, that a business was being conducted at
If4 North Jupiter. The occupant of the house, John Kane, has no
occupational license nor does he have a home occupation special exception
to do business in a residential area. Mr. Menendez submitted City
Exhibits 1A - F, six photographs showing stored cleaning materials and
draperies hanging in the garage. Mr. Menendez stated Ray Wyland visited
the property after the complaint was received and Mr. Kane stated he would
cease doing business at this address.
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Three witnesses for the City, John BeaUChamp, Robert Gordon, and
Arnold Patrick, stated they are neighbors of Mr. Kane and have observed
vehicles with the company name, Kane's Karpet Kleaning, and employees
arriving at the residence. Chemicals have been delivered, draperies hung
in the garage and machinery has been heard operating. Mr. Gordon submitted
City E:...hibit 112, a copy of Hr. Kane's Yellow Page ad displaying the
business telephone number which is also Mr. Kane's residence phone.
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Upon questioning, Mr. Kane stated his business is cleaning carpets,
draperies and upholstery on premises. He does not own a press or work
at home. He rents the property from Cindy Millican on a yearly lease
basis. He stated the barrels observed in the garage are empty. The
chemicals in the garage are shampoo and deodorizer. Draperies are hung
in the garage to air and are not cleaned at the residence. The phone
number is listed in the Yellow Page ad is his residence number, however,
it also rings at an answering service. Mr. Kane stated the phone company
told him he was allowed to use his home phone number in the ad. He does
not have machinery at the residence and does not know what maChinery was
heard being operated.
In summation, Mr. Kane's attorney, Matt Wheeling, stated Mr. Kane
had not intentionally broken the law. He was not aware he was not allowed
to have items used in his occupation stored in his garage. He is willing
to abide by the decision of the Board.
Mr. Angelis moved that regarding Case No. 117-85 re: violation of
Section 131.016(h)(17) of the Clearwater City Code on property with a legal
description as follows: Skycrest Sub, Unit 1, Lot 10, located at #4 North
Jupiter Avenue, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held this 10th day of
April, 1985, and based on the evidence, the MuniCipal Code Enforcement
Board enters the following Flndings o~ Fact, ConclusioD8 o~ Law, and
Order.
The Plndinga or Fact are according to the testimony of the Zoning
Enforcement Officer and three witnesses and City's composite Exhibit 1A-F,
photographs of the property, Mr. John Kane is running a business from a
residence.
The Conclusions ot Law are Mr. Kane is in violation of Section
131.016(h)(17) of the Clearwater Code of Ordinances.
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It is the Order of this Board that Mr. John Kane shall comply with
Section 131.016(h)(17) of the Code of the City of Clearwater by April 15,
1985. If Mr. Kane 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 Mr. Kane does !let 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 Mr. Kane, pursuant to
Chapter 82-37 Laws of Florida, 1982. Upon complying, Mr. Kane shall notify
Leo Menendez, the City Official who shall inspect the property and notify
the Board of compliance. Should a dispute arise concerning compliance,
eit~er party may request a further hearing before the Board. The motion
was duly seconded and carried unanimously.
Done and Ordered this 10th day of April, 1985.
CASE HO. 118-85
Jim Terry (Fire Code)
The Assistant City Attorney requested
violation has been corrected. Mr. Angelis
for withdrawal. The 8Ot1on was duly seconded
the case be withdrawn as the
moved to accept the request
and carrled unanimously.
casE HO. 119-85
Virgil Donahue (Building Code)
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The Assistant City Attorney requested
violation has been corrected. Mr. Angelis
for withdrawal. The .otiOD was duly seconded
the case be wi thdrawn as the
moved to accept the request
and carrled unanimously.
ClSB HO. 120-85
John Evans Sr. (License Code)
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected. Mr. Hostetler moved to accept the request
for withdrawal. The BOtton was duly seconded and carried unanimously.
UBFIRISBED BUSIIIESS
CASE: NO. 58-SQ
Seaspire - Affidavit of Compliance
Mr. Amburgy moved to accept the Affidavit of Compliance.
was duly seconded and carried unanimously.
The IIOtion
CASE NO. 60-84
John Espey - Affidavit of Compliance
Mr. Morris moved to accept the Affidavit of Compliance.
was duly seconded and carried unanimously.
The a.otlon
CASE NO. 1-85
Janet Shapiro - Affidavit of Compliance
Mr. Hostetler moved to accept the Affidavit of Compliance. The
8Otlon was duly seconded and carried unanimously.
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CASE NO. 5-85
John Ford - Affidavit of Non-Compliance
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Mr. Aude moved to accept the Affidavit of ~on-Compliance.
motion was duly seconded and carried unanimously.
The
CASE NO. 8-85
Catherine O'Connell - Affidavit of Compliance
Mr. Amburgy moved to accept the Affidavit of Compliance.
was duly seconded and carried unanimously.
The motion
CASE NO. 34-85
Michael Dalton - Affidavit of Compliance
Mr. Aude moved to accept the Affidavit of Compliance.
was duly seconded and carried unanimously.
The IIOtion
CASE NO. , 14-85
Harold Robinson - Affidavit of Non-Compliance
Mr. Chaplinsky stated the building has not been secured. The
Secretary for the Board stated the certified letter was returned
unclaimed. The Chairman requested a copy of the Order be sent to :1r.
Robinson's attorney. Mr. Chaplinsky questioned whether he could proceed
with demolition procedures. The Assistant City Attorney was asked to
determine if demolition procedures could be initiated.
Mr. Hostetler moved to accept the Affidavit of Non-Compliance.
motion was duly seconded and carried unanimously.
The
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OTHER BOlllD tC'nOR
Lien Status Report
The Assistant City Attorney, Mr. Zimmit, stated a default judgment has
been obtained against the Mai-Tai and the lien has been recorded.
requested permission to address the Board
Robinson. Mr. Robinson has applied for a
Development loan which cannot be granted with the lien on the
Mr. Chaplinsky requested Board consensus on forgiving the lien if Co~~unity
Development agrees to loan Mr. Robinson money for renovation. The
consensus was to draft a letter to Community Development stating the lien
will be released with the exception of expenses if the loan is approved.
Mr.
Case No.
Chaplinsky
58-83, Charles
regarding
Community
property.
NEW BUSIRESS
Mr. Frank Morris was welcomed as a new member of the Code Enforcement
Board.
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