06/26/1985
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MUNICIPAL CODE ENFORCEMENT BOARD
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Meeting of June ~6, 1985, 2:00 p.m.
Agenda
1.
Publio BeariDga
(At 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.)
a. 123-85 Carlyn Pheil (License Code)
(Carried from 5-8-85)
b. 131-85 Girl Friday (License Code) Coaplled
(Carried from 5-8-85)
c. 132-85 Church of Scientology (Fire Code)
(Carried from 5-8-85)
d. 134-85 East Cove, Inc. (Building Code)
(Norman Bie, Jr.)
e. 135-85 Katharine Bie (Building Code)
f. 136-85 Norman Bie, Jr. (Building Code)
g. 138-85 Clearwater Comm. Hosp. (Utility Code)
h. 140-85 Robert Love (License Code)
i. 141-85 John Turner (Fire Code)
C5) (Publix Profit Sharing, Inc. )
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2. Unf'iDiabed Business
a. 3-83 Ricky Rhoades - Affidavit of Compliance
b. 47-83 Jack Vasilaros - Affidavit of Compliance
c. 35-84 Arbor Advertising Co. - Aff. of Compliance
d. 36-84 Bay Area Outdoor - Affidavit of Compliance
e. 126-85 Clearwater Greyhound & Western Union
Affidavit of Compliance
f. 127-85 Danworks - Affidavit of Compliance
g. 128-85 Elite Leasing - Affidavit of Compliance
3. otber Board Action
a. Lien Status Report
b. 5-85 John Ford
It. I.. Buainea
5. H1IIutea O~ May 8, 1985 Ile8tiDg
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ACTION
1. Publi.c Bear:logs
a. Comply by 7-10-85
b. Withdrawn
c. Comply by 7-3l-85
d. Comply by 7-31-85
e. Comply by 7-31-85
f. Comply by 7-31-85
g. Withdrawn
h. Withdrawn
i. Cont. to 7-10-85
2. Untirdshecl Bwsinesa
a. Accepted
b. Accepted
c. Accepted
d. Accepted
e. Accepted
f. Accepted
g. Accepted
3. Otber Board lotloll
a. Report given
b. Request Affidavit
of Compliance from
License Inspector
It. Rev Businas
None
5. Minutes
Approved
6. Adjourned at 6:21 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
June 26,1985
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Hembers present:
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John Ehrig, Chairman (arrived 2:45 p.m,)
Robert Aude, Vice-f.hairman
James Angelis
Robert Hostetler
Tim Amburgy
Adam Midura
Frank 110rris
Also present:
Alan Zimmet, Assistant City Attorney
Cynthie Goudeau, Secretary for the Board
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The meeting was called to order by the Vice-Chairman at 2:16 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.
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PUBLIC BEARINGS
CASE NO. 123-85
Carlyn Pheil
(License Code) (Cont. from 5/8/85)
Ellen Brown, Occupational License Inspector, stated Carlyn Pheil
conducts aerobic classes three mornings a week in the karate school at
1819 Highland Avenue North. On March 28, 1985, Ms. Brown left the Notice
of Violation with an instructor. The violator stated in a phone call she
does not feel an occupational license is needed as she only conducts
classes part-time. 11s. Brown submitted City's Exhibit No. 1--a photograph
of the karate school with "Carlyn's Aerobics Morning Classes" sign in the
window.
The violator was not present at the meeting. The Secretary for the
Board stated the Notice of Hearing was received on May 24, 1985.
Mr. Amburgy moved that regarding Case No. 123-85 re: violation
of Section 71.02 of the Clearwater City Code on property located at 1819
Highland Avenue North, Clearwater, Florida, The Municipal Code Enforcement
Board has heard testimony at the Hunicipal Code Enforcement Board hearing
held the 26th day of June, 1985, and based on the evidence, the Municipal
Code Enforcement Board enters the following Flndl~ of Fact, Conclusions
ot Law, and Order.
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The Findings of' Fact are: Based on testimony and e'1idence
submi t ted, Carlyn Pheil is engaged in bus lness wi thout a proper
Occupational License. She is aware of the law requiring such license.
1.
June 26, 1985
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The CoDolualoaa or La.. are:
71.02 of the City Code.
Carlyn Pheil is in violation of Sec.
::)
It is the Order of this Boal'"d that Carlyn Pheil shall comply with
Section 71.02 of the Code of the City of Clearwater by .r\ll~ 10, 1985.
If Carlyn Pheil does not comply within the time specified, she shall pay
a fine of .,0.00 per day for each day the violation continues to exist.
If Carlyn Pheil 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 Carlyn Pheil, pursuant
to Chapter 82-31 Laws of Florida, 1982. Upon complying, Carlyn Pheil shall
notify 111_ arova, the City Off'icial 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 .atloa was duly seconded and carried unanimously.
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noDe aad Ordered this 26th day of June, 1985.
C&SB 10. 131-85
Girl Friday
(License Code) (Cont. from 5/8/85)
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected. Mr. Morris moved to withdraw Case No. 131-
85. The Motion was duly seconded and OBrTled unanimously.
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CASB 10. 132-es
Church of Scientology
(Fire Code) (Cont. from 5/8/85)
Inspector James Goodloe of the Clearwater Fire Department stated an
eMergency call to 516 Franklin Street for a smoke smell in the building
led to the discovery of' the violation. At that time Inspector Goodloe
was made aware of an air handler in tne path of the second means of egress
from the second floor. The property, classified as assembly usage for
over 300 people, must provide a second means of egress.
Robin Harland, representing the Church of Scientology, stated the
Church is not denying the allegations and intends to comply with the Fire
Department's request to remove the air handler.
Ernie Ward, Building Services Director for the Church of Scientology,
submitted Defendant's Exhibit No. 1--a drawing and blueprints of the
proposed fire exits for the property at 516 Franklin Street. The Church
plans to oorrect the egress problem by having the second floor exit empty
into a common stairwell at the north end of the building. Mr. Ward stated
that 30 days should be sufficient to cOMplete the corrections.
Mro Angelis moved that regarding Case 10. 132-85 re: violation
of Section 9-2.4.2 of the Life Safety Code of the Clearwater City Code
on property with a legal description as follows: Washburn Sub. E. 40'
or S 125' of Lot 6 and W 10' of S 125' of Lot 7, aka 516 Franklin Street,
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2.
June 26, 1985
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Clearwater, Florida the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 26th
day of June, 1985, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings of Fact, Conclusions of
Law, and Order.
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The Findings ot' Fact are: Based on the testimony of Inspector
Goodloe and the representatives of the Church of SCientology and a drawing
submitted as evidence, the second exit from the second story of the
building at 516 Franklin Street is blocked by an air handler.'
The
violation
Code.
Conclusions of Law are: The Church of Scientology is in
of Sec. 9-2.4.2 of the Life Safety Code of the Clearwater City
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It is the Order of this Board that the Church of Scientology shall
comply with Section 9-2.4.2 of the Life Safety Code of the Code of the
City of Clearwater by July 31, 1985. If Church of Scientology does not
comply within the time specified, they shall pay a fine of $25.00 per
day for each day the violation continues to exist. If Church of
Scientology does not comply within the time specified, a certified copy
of this Order, together with an Affida vi t 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 the Church of Scientology
pursuant to Chapter 82-31 Laws of Florida, 1982. Upon complying, Church
of Scientology shall notify Inspector Goodloe, 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 26th day of June, 1985.
CASES NO. 13~-85
135-85
136-85
East Cove, Inc. (Building Code)
Katharine B. Bie (Building Code)
Norman Bie, Jr. (Building Code)
The above cases were heard together as the violation is on the same
piece of property.
Tom Chaplinsky, Minimum Housing Inspector, stated a temporary fence
permit was granted to the property owners for a six-month period ending
March 17, 1985. On Harch 22, 1985, Dave Christiansen of the Building
Department wrote a letter to the property owners reminding them the permit
had expired and to remove the fence within five days. 111". Chaplinsky
stated the fence is still in place, no construction equipment is on the
property, and no construction is underway.
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The City submitted: Exhibit No. 1--a letter, dated September 11,
1984, to Mr. Bethel of the Building Department from I~att fisher, Smith
Fence Company, requesting the six-month temporary permit to erect a
construction fence ; Exhibit No. 2--a letter dated 11arch 22, 1985, to
Norman Bie from David Christiansen reminding him the sixmonth period had
expired on March 17th and asking him to remove the fence within five days;
Exhibit No. 3A and B--two photographs of the property; Exhibit No. 4--a
3.
June 26, 1985
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letter to East Cove, Inc., c/o ~orman Bie, from Tom Chaplinsky, dated April
24, 1985, stating unless compliance was attained by April 28, 1985, the
Notice of Violation would be forwarded to the Code Enforcement Board;
Exhibit No. 5--the same letter sent to Katharine Bie; Exhibit No. 6--the
same letter sent to Mr. Norman Bie; Exhibit No. 7--letter to Mr. Ed Bethel
from Norman Bie, dated June 3, 1985, requesting a six-month extension on
the temporary fenoe permit; Exhibit No. 8--a letter to Mr. Bie from Ed
Bethel, Direotor of the Building Department, denying the six-month
extension; and Exhibit No. 9--a letter dated August 31, 1984, from Mr. Bie
to Max Battle, City Engineer, stating that the site analysis work should
be completed wi thin six months and the necessary applications would be
made at the earliest feasible date.
Norman Bie stated at the time the fence permit was obtained, the City
had expressed concern over dirt and sand deposi ts on the property. The
piles of dirt and sand had become home for vagrants and the City requested
something be done. Mr. Bie stated he rented the temporary construction
fence from the Smith Fence Company for a period of one-year as he was under
the impression he would be able to get a six-month extension to the
permit. Radio station WTAN, a lessee of the property, was in the prooess
of getting a variance to build a tower on top of their bUilding. The new
tower is in plac:;e, and demolition of the old tower h.1S been completed.
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Mr. Bie stated he had had telephone conversations with Mr. Bethel
regarding extension of the fence permit. Mr. Bie submitted: Defendant's
Exhibi t No. 1--his invoice from the 3mi th Fence Company for rental of a
six-foot high construction fence for a one-year period from 10-1-8l4 to
10-1-85 for $1,491.00; Exhibit ~o. 2-- a letter to Mr. Bie from William
Ockunzzi , dated April 19, 1985, enclosing a report from the Tampa Bay
Regional Planning Council regarding the proposed East Cove Marinaj Exhibit
No. 3--a letter, dated June 10, 1985, to Anthony Shoemaker, City Manager,
regarding Mr. Bie's offer to sell the property to the Cityj and Exhibit
No. 4--letter to Ed Bethel from Norman Sie, dated June 3, 1985, to request
extension of the temporary permit.
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When questioned by the Board, Mr. Bie stated he does not have firm
building plans at this time. His plans for the marina are to rell1ain in
pending status after review by DRI officials.
Mr. AmbuI'gy moved that regarding Cans 13'-85. 135-85. act 136-85
re: violation of Seotion 133.01 of the Clearwater City Code on property
with a legal description as follows: From Sg Cor of Pierce St. and Pierce
Blvd. Run W 90 ft. (S) to POB Th S'ly Alg W R/W of Pierce Blvd. 140 ft. (3)
Th W 40 ft. (S) to NWM Th NW'ly Alg HWM 200 ft (S) Th E 155 ft (s) to POB
and Sub Land Cont 1.64 AC (C): or M&B 24.06 of Seotion 16, Township 29,
Range 15; aQd SUBM Land Desc as From Intersection of S R/W of Pierce
st & w R/~ of South Osceola Ave Run S 147 ft (S) and W 685 ft to W ~ine
of Pierce Blvd. For POB Th SE'ly along R/W 138.7 ft Th VI 645 (S) ft Th
NE'ly 138 ft Th E 580 (S) ft to POB Cont 1.7 AC (C)j aad UNSUB Land and
PT of ~ot 2 Blk 4, Turoner's A/C Sub & SUBM land Desc as Beg 515 ft (S)
W of SE cot' Loot 2, Blk 2 3D Sub Th Cont W 739.8 ft. Th NE 300 ft. (S) Th
E 486.96 ft. to W R/W of Pierce Blvd. Th SE'ly Alg W. R/W 260 ft (S) to
POB Cont. 3.40 AC (C). or: M&B 24.05 of Section 16, Township 29, Range
15, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th day of June, 1985,
and based on the evidence, the Municipal Code Enforcement Board enters
the fOllowing Plndlqs o~ Paot;, CODoluions ot La., aDd Order.
4.
June 26, 1985
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rhe Findings or Fact are: Based on the testimony of Norman Hie and
Tom Chapinsky and the evidenoe submitted, there is a fence on the property
witho~t a proper permit.
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The Conclusions of Law are:
and East Cove, Inc., are in violation
Code of the Clearwater City Code.
Norman Bie, Jr., Katharine B. Bie,
of Sec. 501 of the Standard Building
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It is the Order of this Board that :~orman Bie, Jr., Katharine B.
Bie, and East Cove, Inc., shall comply with Section 501 of the Standard
Building Code of the Code of the City of Clearwater by July 31, 1985.
If Norman Bie, Jr., Katharine B. Bie, and East Cove, Inc., do not comply
wi thin the time specified, they shall pay a fine of $10.CJ per day for
each day the violation continues to exist. If Norman Bie, Jr., Katharine
B. Bie, and East Cove, Inc., do not comply within the time specified, a
certified copy of this Order, together with an Affidavit of Non-Compliance,
snaIL 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 Norman Bie,
Jr., Katharine B. Bie, and East Cove, Inc., pursuant to Chapter 82-37 Laws
of Florida, 1982. Upon complying, Norman Bie, Jr., Katharine B. Bie, and
East Cove, Inc., shall notify Tom Cbaplinsky, 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 mot.ion was d~ly seconded and carried
unanimously.
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Done and Ordered this 26th day of June, 1985.
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Mr. Midura left the meetin~ at 4:15 p.m. and returned at 4:17 p.m.
CASE HO. 138-85
Clearwater Community Hospital
(Utility Code)
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected. Mr. Aude moved to accept the request for
withdrawal. The mot~on was duly seconded and carried unanimously.
CASE NO. 140-85
Robert A. Love
(License Code)
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected. Mr. Hostetler moved to approve the request
for withdrawal. The motion was duly seconded and carried unanimously.
CASE NO. 141-85
John Turner, A~ent for Publix
Profit Sharing Corp.
(Fire Code)
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Fire Inspector Jeff Daniels stated storefront parking along the front
of the Shopping center does not allow for access of fire equipment and
personnel. He stated the owner of the property objects to having to remove
the parking due to the cost of moving planters at the end of the parking
lane. City's Exhibits 1 A and B--pictures of the front of the shopping
center and Exhibit 2--aerial view of the area were submitted into
evidence.
5.
June 26, 1985
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Discussion ensued as to what is a fire lane and that what constitutes
a fire lane is at the discretion of the fire marshals. Nick Lewis, City
of Clearwater Fire Marshal, stated the fire lanes are needed not just for
fire-fighting equipment but also other emergency service equipment. They
need quick access and egress to fronts of structures to allow them to
respond to emergency situations. He also stated that the front end parking
causes blockage of the lane as people are pulling in and waiting for people
to back out of spaces to allow them to park. He stated he would not be
comfortable with anything other than the whole length of the front of the
shopping center vacated for the fire lane. He stated this is the case
for all such large facilities in the City of Clearwater and we must remain
consistent.
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Mr. Aude left. the meeting at 5:04 p.m.
Howard Rives, attorney for Publix Profit Sharing, stated the center
was built in 1972 with an approved parking plan that has not changed.
He said there is access to the rear as well as the front. He stated there
are substantial planting areas at the end of each parking lane which would
be expensive to move; and, if they were not moved, the wide expanse of
blacktop between the parking lane and the storefronts would create
additional traffic problems. Defendants Exhibit No. 1--a construction
plan from 1972 and Exhibit No. 2--a small scale site plan were submitted
into evidence. Exhibit No. 3--an opinion and judgment for court case,
No. 81-17022, finding the discretion given to the fire marshal
unconstitutional was submitted into evidence.
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It was stated that the site plan was approved by the County before
the property was annexed into the City.
Mr. Midura left the meeting at 5:15 p.m. and returned at 5:16 p.m.
John Snelson, Manager of Publix in the Sunset Point 19 Shopping
Center, stated all tenants have rear exits and there has not been any
problem he is aware of for the emergency access. The removal of
approximately 100 spaces would take place if the Board agrees with the
Fire Marshal.
Discussion ensued regarding the poSSible action to take in that this
center is in a unique situation due to the planters at the end of the
parking lanes not allowing them to recoup some of the parking spaces and
also oreating a wide expanse of blacktop between the parking lanes and
the storefronts. It was stated that some of the stores on the northside
of the Center do not have a rear access.
The Board requested the Fire Marshal and the property owner try to
reach an agreement.
Mt. Hostetler moved
of July 10, 1985; and, if
be made at that time.
unanimously.
to continue Case 10. 132-85 until the meeting
no agreement has been reached, a decision will
The _tlOD was duly seconded and o.....ied
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June 26, 1985
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UNFINISHED BUSINESS
8
CASE NO. 3-83
41-83
35-84
36-84
126-85
121-85
128-85
Ricky Rhoades
Jack Vasilaros
Arbor Advertising Co.
Bay Area Outdoor
Clearwater Greyhound and Western Union
Danworks
Elite Leasing
No.
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t-1r. Hostetler
3-83, 41-83,
duly seconded
moved to accept the A ffida vi ts of
35-84, 36-84, 126-85, 121-85, and
and carried unanimously.
Compliance in
128-85. The
Case
IDOtion
OTHER BOARD ACTION
a.)
Case N(). 51-83 and
meeting of the Board.
of those that have gone
Lien
Status Report
58-83
The Secretary reported that
would be eligible for foreclosure at
The Assistant City Attorney reviewed
to foreclosure.
the liens for
the August
the status
Case 5-85 John
from IJIr.
September of 1984 and
not to consider the case
to obtain an Affidavit of
Inspector and to dismiss the
a
b.)
letter
Ford The
Ford indicatin~
requested
in compliance.
Compliance
fine in this
Secretary reported she
had not been in
direction from the Board on
The BOard directed the Secretary
from ~he Occupational
License
he
had recei ved
business since
whether or
case.
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NEW BUSINESS
The Chairman asked
Manager regarding legal
the Secretary to request
counsel for the Board.
a
meeting
with
the
City
HIHtJTES
The Chairman presented the minutes
for consideration. Hr. Hostetler
motion was duly seconded and carried
of the meeting
moved to approve the
unanimously.
of May 8,
minutes.
1985,
The
The meeting adjourned at 6:21 p.m.
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June 26, 1965