05/08/1985
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MUNICIPAL CODE ENFORCEMENT BOARD
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Meeting of May 8, 1985, 2:00 p.m.
AgeDda
ACTIO.
1.
(At
for compliance the Board shall at
time set the fee to be assessed in
non-complianoe. )
121-85 Mr. Toussaint (License)
122-85 James Jackson (Water) CO-plied
c. 123-85 Carlyn Pheil (License)
d. 124-85 Arthur Johannssen (License)
Coapliecl
Clearwater Greyhound (License)
Danworks (License)
128-85 Elite Leasing (License)
129-85 C & C Trucking (License)
Cooplied
i. 130-85 A. Maggaro Associates (License)
ec.plied
Girl Friday Service (License)
Church of Scientology (Fire)
Public Bearings
the time a case is heard and date
1.
Public Hearinsa
set
the same
case of
e.
f.
g.
h.
126-85
127 -85
a. Withdrawn
b. IHthdrawn
c. Continued to 6/26/85
d. Withdrawn
e. Comply by 5/9/85
f. Comply by 5/9/85
g. Comply by 5/9/85
h. IHthdrawn
i. Withdrawn
j. Continued to 6/26/85
k. Continued to 6/26/85
a.
b.
j.
k.
131-85
132-85
2. Unt1Diabed Business
a. 5-85 John Ford - Letter
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b. 53-85 Blackham - Affidavit of Compliance
c. 113-85 Donna Leadbetter - Affidavit of
Non-Compli ance
d. 114-85 Harold Robinson - Affidavit of
Compliance
e. 117-85 Mike Kane - Affidavit of
Compliance'
2. Unfinished BuaiDas
a. Directed Secretary to contact
Stu Williams to verify out of
business; report next meeting.
b. Accepted
c. Accepted
d. Accepted
e. Accepted
3.
Other Board Action
3. Other Board Action
Reviewed lien status report
II.
lIev Bwd.neas
Il. lIev Business
Reset June meeting to 6/26/85
Welcomed new member, Adam Midura
Reviewed Board member absence
policy
5.
Minutes or April 10, 1985 Meting
5. Hinutea
Approved as submitted.
6.
AdjoW"llMllt
6. Adjourned at 3:26 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
5/8/85
Members present:
John Ehrig, Chairman
Robert Hostetler
Adam Midura
Frank Morris
Absent:
Robert Aude, Vice Chairman (excused)
James Angelis (excused)
Tim Amburgy (excused)
Also present:
Alan Zimmet, Assistant City Attorney
Shirley Corum, Acting Secretary for the Board
A
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The meeting was called to order by the Chairman at 2:05 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and
advised any aggrieved party may appeal a ~inal administrative order of
the Municipal Code En~orcement 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 q.~
CASI 10. 121-85
Mr. Toussaint (~icense)
Stu Williams, Occupational License Inspector,
request for Vine Avenue Apartments was
by October 1, 1984. There has been no
citation issued March 19, 1985.
sent out
response
stated a license ~enewal
in August, 1984 for ~enewal
from Mr. Toussaint to the
Mr. Toussaint stated he no longer owns the property
Mortgage Company foreclosed on the property on April 15,
living in one of the apartments but is being evicted.
as Granite Home
1985. He is still
Mr. Morris moved to withdraw Case 1121-85.
seconded and oarrled unanimously.
The .otloa was duly
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CASK 110. 122-85
James Jackson (Water)
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 .o~lOD was duly seconded and carried unanimously.
,
cas& &0. 123-85
Carlyn Pheil (License)
The Acting Secretary stated the return receipt for the Notice of
Hearing had not been received as of this date. Mr. Morris moved to
continue Case No. 123-85 to June 26, 1985. This .o~lOD was duly seconded
and oarr.1ed unanimously.
C&SB BO. 1211-85
Arthur Johannssen (License)
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected. Mr. Midura moved to accept the request for
withdrawal. The 8O~lCD was duly seconded and carried unanimously.
CASE 110. 126-85
Clearwater Greyhound (License)
The Occupational License Inspector, Stu Williams, stated Syd Snair
had visited the property and issued the Notice of Violation on April 3,
1985. Mr. Willians submitted City Exhibit 11, a photograph showing
Clearwater Greyhound and Western Union doing business at 2811 Gulf to Bay
Blvd. Western Union obtained their occupational license subsequent to
the Notice of Violation being issued but Greyhound has not. The Notice
of Hearing was sent certified mail and the return receipt was received,
dated April 27, 1985. No representative of Clearwater Greyhound was
present at the hearing.
Mr. Morris moved that regarding Case No. 126-85 re: violation of
Section 71.02 of the Clearwater City Code on property located at 281' Gulf
to Bay Blvd, the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held this 8th day of May,
1985, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law, and Order.
The P1Dd~ ot 'act are according to testimony of the Occupational
License Inspector and City's exhibit 11, a photograph of the property,
a business is being operated by Clearwater Greyhound without a license
at the above address.
The Ccaclualoaa of ~ are Clearwater Greyhound is in violation of
Section 71.02 of the Clea~ater Code of Ordinances.
2.
5/8/85
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It is the Order of this Board that Clearwater Greyhound shall comply
with Section 71.02 of the Code of the City of Clearwater by May 9, 1985,
5:00 p.m. If Clearwater Greyhound does not comply within the time
specified, they shall pay a fine of $50.00 per day for each day the
violation continues to exist. If Clearwater Greyhound does not comply
within the time specified, a certified copy of this Order, together with
an Affidavit of Non-Compliance, shall be reoorded in the public reoords
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 Clearwater Greyhound, pur~"lant to Chapter 82-37 Laws of Florida,
1982. Upon complying, Clearwater Greyhound shall notify Stu Williams,
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 .otion was duly
seconded and carried unanimously.
Dome and Ordered this 8th day of May, 1985.
CASE 110. 127-85
Danworks (License)
o
The Ocoupational License Inspector, Stu Williams, stated Danworks
is a furniture store that has been in business for almost a year wlthout
a license. A Notioe of Violation was issued on April 3, 1985 and, as of
this date, no occupational license has been obtained. Mr. Williams
submitted City's Exhibit 11, a photograph, Showing Danworks engaging in
business at 2790 Gulf to Bay Blvd. The Notice of Hearing was sent
certified mail and the return receipt was received, dated April 27, 1985.
No representative of Danworks was present at the hearing.
Mr. Hostetler moved that regarding Case No. 127-85 re: violation of
Section 71.02 of the Clearwater City Code on property located at 2790 Gulf
to Bay Blvd, the Municipal Code Enforcement Board has heard testimony at
the MuniCipal Code Enforcement Board hearing held this 8th day of May,
1985, and based on the evidence, the Municipal Code Enforcement Board
enters the fOllowing Findings of Fact, Conclusions of Law, and Order.
The F1Dd1aga or Fact are according to testimony of the Occupational
Lioense Inspeotor and City's Exhibit 111, a photograph of the property,
a retail business is being operated by Danworks at the above address.
No occupational license has ever been obtained.
The Coaolualoaa or Law are Danworks is in violation of Section 71.02
of Clearwater Code of Ordinances.
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3.
5/8/85
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It is the Order of this Board that Danworks shall comply with Section
71.02 of the Code of the City of Clearwater by May 9, 1985, 5:00 p.m.
If Dan~orks does not comply within the time specified, they shall pay a
fine of $50.00 per day for each day the violation continues to exist.
If Danworks 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 Danworks,pursuant to
Chapter 82-37 Laws of Florida, 1982. Upon complying, Danworks shall notify
Stu Williams, 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 8Otioa
was duly seconded and carried unanimously.
Doae aDd Ordered this 8th day of May, 1985.
CASK 110. 128-85
Elite Leasing (License)
Ellen Brown, the Occupational License Inspector, stated she had
visited the office complex but had never been in Suite H104 oocupied by
the violator. Ms. Brown submitted City's Exhibit #1, a photograph, showing
a listing of the suites and occupants of Building 100 of the office
complex. She stated she assumes the type of business being operated is
a property management company. The Notice of Hearing was sent certified
mail and the return receipt was received, dated May 1, 1985. No
representative of Elite Leasing Company was present at the hearing.
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Mr. Midura moved that regarding Case No. 128-85 re: violation of
Section 71.02 of the Clearwater City Code on property located at 2085 US
19 N Suite H10~, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held this 8th day of May,
1985, and based on the evidenoe, the MuniCipal Code Enforcement Board
enters the follOWing Findings of Fact, Conclusions of Law, and Order.
The FtDdiDga ot Fact are according to testimony of the Occupational
License Inspector and City's Exhibit '1, a photograph of the suite listing
sign, a business is being operated by Elite Leasing without a license at
the above address.
The COaoluaioaa or Law are Elite Leasing is in violation of Section
71.02 of the Clearwater Code of Ordinances.
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5/8/85
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It is the Order of this Board that Elite ~easing shall comply with
Section 71.02 of the Code of the City of Clearwater by May 9, 1985, 5:00
p.m. If Elite Leasing does not comply within the time specified, they
shall pay a fine elf $50.00 per day for each day the violation continues
to exist. If Elite Leasing does not comply within the time specified,
a certified copy of this Order, together with an Affidavit of Non-
Compliance, shall b, 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 li~n against real or personal property owned by Elite
Leasing,pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying,
Elite ~easing 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 Board. The ~tlOD was duly seconded and carried unanimously.
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DaDe aDd Ordered this 8th day of May, 1985.
CUB 10. 129-85
C & C Trucking (License)
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected. Mr. Morris moved to accept the request for
withdrawal. The 8Otiao was duly seconded and carried unanimously.
CASE NO. 130-85
A. Maggaro Associates (~icense)
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The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected. Mr. Morris moved to accept the request for
withdrawal. The .utlco was duly seconded and carried unanimously.
CASE 10. 131-85
Girl Priday Service (License)
The Acting Secretary stated the return receipt for the Notice of
Hearing had not been received by the date of the hearing. Mr. Hostetler
moved to continue Case No. 131.85 to June 26, 1985. The aotloo was duly
seconded and carried unanimously.
CASE 110. 132-85
Church of Scientology (Fire)
The Acting Secretary read a request from Nicholas Lewis, Fire Marshal,
requesting continuance of this case until the next scheduled hearing.
Mr. Morris moved to continue Case No. 132.85 to the June 26, 1985 meeting.
The ~tloa was duly seconded and carried unanimously.
The Board recessed from 2:50 p.m. to 3:00 p.m.
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5/B/85
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UNFINISHED BUSINESS
CASE NO. 5-85
John Ford
The Secretary had received a letter from American Window Cleaning
Service stating they had ceased doing business on September 30, 1984.
Discussion ensued regarding the letter and the photograph submitted by
Stu Williams Showing the automobile with the name American Services. The
consensus ~as for the Secretary to contact Stu Williams to verify American
Windo~ Cleaning Service is no longer doing business at 1201 North Betty
Lane and report back at the next scheduled meeting.
CASE NO. 53-85
Blackham - Affidavit of Compliance
Mr. Morris moved to accept the Affidavit of Compliance.
was duly seconded and carried unanimously.
The IIOtiOD
CASE NO. 113-85
Donna Leadbetter - Affidavit of
Non-Compliance
Mr. Hostetler moved to accept the Affidavit of Non-Compliance.
.ot1oa was duly seconded and aarried unanimously.
The
CASE NO. 114-85
Harold Robinson - Affidavit of Compliance
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Mr. Hostetler moved to accept the Affidavit of Compliance.
.ot1oa was duly seconded and carried unanimously.
The
CASE NO. 117-85
Mike Kane - Affidavit of Compliance
was
Mr. Morris moved
duly seconded and
to accept the Affidavit of Compliance.
aarr1ed unanimously.
The 8Otloo
OTHER BOARD ACTION
The Board requested a lien status update from the Assistant City
Attorney.
CASE NO. 4-81
Mai-Tai Motor Inn
The Assistant City Attorney stated the foreclosure on the Mai-Tai
Motor Inn has gone through but other creditors will be paid of~ before
the City.
CASE NO. 11-81
Clearwater Seville
The Assistant City Attorney stated it will be some time before the
City's appeal is heard.
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5/8/85
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CASE NO. 26-83
Lawrence Millender
The Assistant City Attorney stated the foreclosure has been filed
and the hearing should be in approximately a month.
CASE NO. 41-83
Jeralne Burt
The Assistant City Attorney stated the title search has been completed
and foreclosure action should be filed by the next scheduled Board
meeting.
NEW BUSINESS
June 12th, requested the
1985. The consensus of the Board
was to reset the June meeting to June 26, 1985 if there are no scheduling
Board members will be notified.
The Chairman, due to being out of town on
June meeting be rescheduled to June 26,
conflicts.
Mr. Adam Midura was welcomed as a new member of the Code Enforcement
Board.
The Chairman reviewed the absence regulation for the Board. The
regulation is a board member will be removed if he misses 2 out of 3
consecutive meetings without notification.
A-
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MINUTES
The Chairman presented the minutes of the meeting of April 10, 1985,
for consideration. Mr. Hostetler moved the minutes be approved as
submitted. The 8Dt~oa was duly seconded and carried unanimously.
The meeting adjourned at 3:26 p.m.
Attest:
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City le~ ,.
7.
5/8/85