07/10/1985
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MUNICIPAL CODE ENFORCEll8MT BOARD
o
Meeting of July 10, 1985, 2:00 p.m.
Agenda
ACT:J:ON
1.
Publio I!cmrings
1. Public Bearings
(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. 141-85 John Turner (Fire Code)
Publix Profit Sharing
(Cont. from 6-26-85)
b. 142-85 Greenwood Apartments
(Public Property Code) Coap1ied
c. 143-85 Livingston Sheppard (Marine Code)
a. Comply by 8-10-85
b. Withdrawn
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d. 144-85 William D. Turner (Building Code)
eo.pliecl
e. 145-85 John S. Horton (Building Code)
Caapliec1
f. 146-85 U. S. Coast Guard (Utilities Code)
g. 148-85 Norman Bie (Building Code)
Emergency
c. Repair most needed areas
within 30 days; completion
in 90 days.
d. Withdrawn
e. Withdrawn
f. Withdrawn
g. Comply by 5:00 p.m. on July
11, 1985.
2.
Unfinished Business
2. Unf'inished Business
a.
'14-85 Harold Robinson (Building Code)
Affidavit of Co~pliance
a. Accepted, waived fine.
3.
Other Board Aotion
3. Other Board Action
a.
Lien Status Report
a. Reviewed
II.
Rev BlIsiness
4. Hew Business
New State legislation discussed.
5.
Minutes or June 26, 1985 aeeting
5. Minutes
Approved
6.
AdjOW'DHDt
6. Adjourned at 3:55 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
o
Meeting of July 10, 1985, 2:00 p.m.
Agenda
ACTION
1.
Public Bearings
1. Public Bearings
(At
for compliance the Board shall at the
time set the fee
non-compliance. )
the time a case is heard and date
set
same
to be assessed in case of
a. 141-85 John Turner (Fire Code)
Publix Profit Sharing
(Cont. from 6-26-85)
b. 142-85 Greenwood Apartments
(Public Property Code) Complied
c. 143-85 Livingston Sheppard (Marine Code)
a. Comply by 8-10-85
b. Withdrawn
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d. 144-85 William D. Turner (Building Code)
CoIIplied
e. 145-85 John S. Horton (Building Code)
CaIIplled
f. 146-85 U. S. Coast Guard (Utilities Code)
g. 148-85 Norman Bie (Building Code)
Emergency
c. Repair most needed areas
within 30 days; completion
in 90 days.
d. Withdrawn
e. Withdrawn
f. Withdrawn
g. Comply by 5:00 p.m. on July
11, 1985.
2.
Untini.abed Business
2. Unfinished Businesa
a.
114-85 Harold Robinson (Building Code)
Affidavit of Co~pliance
a. Accepted, waived fine.
3.
Other Board Action
3. Otber Board Action
a.
Lien Status Report
a. Reviewed
II.
Rev Business
II. Nev Business
New State legislation discussed.
5.
Minutes or June 26, 1985 saeeting
5. Minutes
Approved
6.
Adjouraaent
6. Adjourned at 3:55 p.m.
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MU~ICIPAL CODE ENFORCEMENT BOARD
o
July 10, 1985
Members present:
John Ehrig, Chairman
Robert Aude, Vice-Chairman
Robert Hostetler
Tim Amburgy
Adam Midura
Frank Morris
Absent:
James Angelis (Unexcused)
Also present:
Alan Zimmet, Assistant City Attorney
Cyndie Goudeau, Secretary for the Board
(7\
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The meeting was called to order by the Chairman at 2: 14 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.
('UBLlC BURDlGS
CIS! 110. 1111-85
John Turner, Agent for Publix
Profit Sharing Corp.
(Fire Code) (Cont. from 6-26-85)
The attorney for Publ1x Proft t Sharing Corp, Howard P . Rives, III,
stated that they had reached an agreement with the City Fire Marshal's
Of rice regarding the designation of fire lanes. Two 70-foot lengths of
parking space will be eliminated, the location as agreed upon between the
Fire Marshal's Office and Publix, and posted every 30 feet with signs that
read "No Parking - Fire Lane - By City Ordinance."
Mr. Hostetler moved that regarding Case 110. 141-85 re: violation
of A..I.A. Section 28.16 of the Clearwater City Code on property with
a legal description as follows: Metes and Bounds 41-02, Section 6-29-16,
the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 10th day of July, 1985, and based
on the evidence, the Municipal Code Enforcement Board enters the following
Findi.np or f'act, Conclusions or la1l. and Order.
C>
The FJ.ndinga or Fact are: Testimony given at
hearing and at today's hearing show that there is
along the front of the shopping center that does not
and emergency vehicles.
the June 26th public
parking continuously
allow access ror fire
1.
July 10, 1985
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The Conclusions of Law are:
of A.I.A. Sec. 28.16.
The shopping center is in violation
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It is the Order of this Board that Publix Profit Sharing Corp.
shall comply with A.I.A. Section 28.16 of the Code of the City of
Clearwater by August 10, 1985. If Publix: Profit Sharing Corp. does not
comply wi thin the time specified, they shall pay a f'ine of' $25.00 per
day for each day the violation continues to exist. If Publix Profit
Sharing Corp. 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 Of'fice 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 Publix Profit Sharing
Corp. pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying,
Publix Profit Sharing Corp. shall notify ~etr Daniels, 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 IIOtion was duly seconded and carried
by a vote of 5 to zero. Mr. Aude abstained f'rom voting because he was
not present for the vote at the last meeting.
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Done and Ordered this 10th day of July, 1985.
CASE NO. 1112-85
Greenwood Apartments
(Public Property Code)
o
The Assistant City Attorney requested the case be withdrawn
violation has been corrected. Mr. Aude moved to withdraw Case No.
The motion was duly seconded and carried unanimously.
as the
142-85.
CASE NO. 143-85
Island Yacht Club Condominium
(Livingston Sheppard)
(Marine Code)
Tom Chaplinsky, Minimum Housing Inspector, stated the original notice
of violation was sent in November of 1983. Docks are required to be
inspected by an engineering firm every three years. The engineering firm's
report in December of 1983 made certain recommendations. By January of
1985, approximately half the violations had been corrected and a new notice
was sent out. At this time, all the pilings have been replaced with the
exception of' two. However, the straps from the pilings to the beams have
not been replaced and hurricane clips need to be installed. Mr. Chaplinsky
submitted City Exhibits No. lA-E--photographs of the property. Dan
McAully, accountant for the condo association, stated they have replaced
63 pilings and have a contract to replace the straps. Mr. McAully stated
they would need approximately 90 days to complete the additional work.
Mr. Chaplinsky emphasized the seriousness and danger of' the situation.
The structure is not secure; and, in the event of a hurricane, ser:l.ous
damage would result.
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Mr. Amburgy moved that regarding Case No. 142-85 1"e: Violation of
Section 1111.08(a) of the Clearwater City Code on property with a legal
description as follows: Metes and Bounds 39-74, Sec. 8-29-15, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 10th day of July, 19B5, and based on
the evidence, the Municipal Code Enforcement Board enters the following
Findings or Fact, Conclusions of Law, and Order.
2.
July 10, 1985
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The Findings or Fact are: Testimony of Tom Chaplinsky and Dan
McAuley and Clty Exhibit lA-E (pictures of the dock) indicate there are
pilings, straps and other items in need of repair.
I
The Conolusions ot Law are: Island Y::lcht
Association, Livingston Sheppard, President, is in
141.08(a) of the Clearwater City Code.
Club Codominium
violation of Sec.
It is the Order of this Board that Island Yacht Club Condominium
Association shall comply with Section 141.08(a) of the Code of the City
of Clearwater by repairing the areas of greatest concern to the Building
Department within 30 days and completing additional repairs within 90
days. If Island Yacht Club Condominium Association does not comply within
the time specified, they shall pay a fine of $25.00 per day for each
day for each incident of non-compliance for each day the non-compliance
continues to exist. If Island Yacht Club Condominium Association 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 Island Yacht Club Condominium Association
pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying, Island
Yacht Club Condominium shall notify TOIl CbapU.DSky, 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 IDOtion was duly seconded and carried
unanimously.
DaDe and Ordered this 10th day of July, 1985.
CASE NO. 1'111-85
CASE NO. 1'15-85
CASE HO. 1'16-85
William D. Turner (Building Code)
John S. Horton (Building Code)
U. S. Coast Guard (Utilities Code)
The Assistant City Attorney requested the cases be withdrawn as the
violations have been corrected. Mr. Hostetler moved to withdraw Case Boa.
1"-85, 11&5-85. 8IlCl 1116-85. The .otlon was duly seconded and carried
unanimously.
CASK HO. 1 JaB-85
Norman Bie (Building Code)
Dave Christiansen, Chief of Inspections for the BUilding Department,
stated he inspected the subject property at 1: 30 the afternoon of the
hearing and found the structure unsecured and full of debris and human
excrement. The front door is unlocked and there are numerous broken and
missing windows. Mr. Christiansen submitted City Exhibits No. lA-H--
photographs of the property. Mr. Christiansen stated that the structure
is not only a health hazard because of the human excrement but also a fire
hazard because of the combustible debris. The resident of the property,
an 88-year old woman, was relocated to Barbee Towers on July 3rd. Mr.
Christiansen submitted Exhibit No. 2--a letter written by Norman Bie to
the Ci ty Commission regarding the property. Torn Chaplinsky, Minimum
Housing Inspector, stated that on Tuesday afternoon, July 9th, Mr. Bie
3.
July 10, 1985
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called the BUilding Department requesting an extension until Friday, July
12th to secure the property Mr. Chaplinsky stated he was at the
residence the day of the hearing and the conditions are the same. He
stated the extent of the violations was not known earlier as they were
not allowed to enter the premises until it was vacated.
Lori Goldston, Redevelopment Inspector, stated that she had hand-
delivered a letter to Mr. Bie's office on July 8, 1985, and another copy
of the letter to Mrs. Bie at the Bie residence. Ms. Goldston submitted
City Exhibit No. 3--a letter sent to Norman and Katharine Bie regarding
the property. Norman and Katharine Bie were not present at the hearing.
Mr. Amburgy moved that regarding Case No. 148-85 re: Violation
of Section 133.01. 133.02, and 103.4 of the Clear\o>later City Code on
property with a legal description as follows: Lot 3 and west 15 feet of
Lot 2, Block E, Greenwood Park No.2, A/K/A 1163 Engman Street, Clearwater,
FL, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 10th day of July, 1985,
and based on the evidence, the Municipal Code gnforcement Board enters
the following Findings or Fact, Conclusions or Law, and Order.
The Findings or Fact are: Based on testimony of Dave Christiansen,
Tom Chaplinsky, and Lori A. Goldston and the review of evidence submitted,
Exhibits lA-H, 2, and 3, it was found that the dwellng is unsecured and
poses a serious health hazard due to the accumulation of human waste matter
located in the bathtub.
,:)
The Conclusions or Law are: Norman and/or Katharine Bie are/is
in violation of Sections 133.01, 133.02, and 103.4 of the Clear\o>later City
Code.
It is the Order of this Board that Norman and/or Katharine Bie shall
comply with Sections 133.01, 133.02, and 103.4 of the Code of the City
of Clearwater by 5:00 p.a. on July 11, 1985. by removing excrement in
bathtub, removing any combustible debris, and notifying t.he City of the
removal of the materials specified. Upon approval of the Building
Department, the building must be secured. If Norman and/or Katharine Bie
do/does not comply within the time specified, he and/or she shall pay a
fine of $250.00 per day for each day the violation continues to exist.
If Norman and Katharine Bie do/does not comply within the time specified,
a certified copy of this Order, together with an Affidavit of Non-
Conpliance, 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
~orman and Katharine Bie pursuant to Chapter 82-37 Laws of Florida, 1982.
Upon complying, Norman and/or Katharine Bie shall notify To. Cbapllnaky,
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 IDOtioD was dUly
seconded and carried unanimously.
Done and Ordered this 10th day of July, 1985.
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4.
July 10, 1985
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tJNFIlfISBED BOSIBSS
CASK NO. 114-85
Harold Robinson
C)
Chaplinsky, Building
waiver authorizing the City to
would be placed aga1nst the property to
that the fine which is pending against the
that Mr. Robinson had
bUilding and a lien
costs. He asked
waived.
Tom
signed a
Inspector, stated
demolish the
recover those
property be
Mr. Hostetler moved
The _tlOll was duly
to accept the Affidavit
and carried unanimously.
to waive the
seconded and carried
of Compliance.
fine pending in
unanimously.
The IIIOtlon was
Case No. 11"-85.
Mr. Aude moved
duly seconded
ot'BBR BOARD lCTlOtf
a.) Lien
Jeralne Burt failed
was proceeding in
of the Clearwater
Court.
Status Report
to
Cue 10.
Seville
The
answer the
41-83.
Ltd. case
Assistant City Attorney
City's complaint and the
He stated the brief for
has been filed with
stated that
foreclosure
the appeal
the Appellate
nv .BIJSIIESS
The
regarding
jurisdiction
hearings for
@
Assistant City Attorney
Code Enf'orcement Boards.
and no longer 1imi ts it
re-occurring violations,
decisions of the Code
The Appeal will only look
stated that foreclosures
filed.
reviewed the new State
He stated it broadens
to technical
and states
legislation
the Board's
codes t provides for
that appeals from tl1e
Enforcement Board will not be "no vote" hearings.
at evidence submitted before the Board. He also
rnay be initiated six months after the lien is
The Chairman reported that he has a meeting scheduled with the City
Manager to discuss legal counsel for the Board.
lu.IIur~
for
was
The Chairman presented
consideration. Mr.
duly seconded and carr~ed
meeting of June
the minutes.
the minutes of the
Aude moved to approved
unanimously.
26, 1985,
The IIIOtlon
The meeting adjourned at 3:55 p.m.
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July 10, 1985
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