09/11/1985
r--
,1'
" ,
,...,'~~~
.~
...~M~...~~f.j~~~~~:MV~Q~~&'.1S~~ij;i:.:";.:f,J~;~:t%e'~Qll1/r~.. -..'
I
MUNICIP~L CODE ENFORCEMENT BOARD
o
Meeting of September 11, 1985, 2:00 p.m.
Agenda
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. 153-85 Biltmore Livery (License Code)
b. 168-85 Jeralne Burt (Building Code)
c. 169-0"; Express Graphics (License Code) c.
d. 171-85 Scott Davis (License Code) d.
e. 172-85 Independent Insurance Service e.
(License Code)
f. 174-85 Edward Giancola (Fire Code) f.
g. 175-85 Nada Grant (Fire Code) g.
h. 176-85 Norman Bie, Jr. (Building Code) h.
07\
Q0 L 177-35 Richard Flowers (Building Code) i.
j. 123-85 Carlyn Pheil (License Code)
Rehearing
k. 132-85 Church of Scientology (Fire
Code) Rehearing
2. Unfinished Business
a. 147-85 Texaco, USA (Utility Code)
Affidavit of Non-Compliance
b. 161-85 Gene L. Austin (Building Code)
Affidavit of Compliance
c. 173-85 Charles Robinson (Building
Code) Affidavit of
Non-Compliance
3. Other Board Action
a. Lien Status Report
ACTION
1.
Public Hearings
a.
b.
Continued to 10-9-85.
Secure within 5 days; obtain
demolition or building permit
within 30 days; begin demoliton
or construction within 45 days;
complete within 6 months.
:Uthdl"awn.
Continued to 10-9-85.
Comply by 10-1-85.
j.
Continued to 10-9-85.
Continued to 10-9-05.
Obtain building or demolition
permit within 30 days; complete
work within 6 months.
Vacate within 7 daysj obtain
demolition permit within 30
days; complete work within 30
days of pulling permit.
Reaffirmed previous order;
forgave fine.
Rehearing request withdrawn.
k.
2.
Unfinished Business
a.
Accepted.
b.
Accepted.
c.
Accepted.
3.
Other Board Action
a.
Reviewed.
...'\........,,
,.1\"..*,,..., < '''''-*'
,,,,
, ,
~......I',...&-...
~-
4. Hew Business !I. Hew Business
@ a. Letter to City Manager, re
multiple location occupational
licenses.
b. Discussion re: Attorney for
Board.
c. Letter to City Manager
requesting attorney for 10-9-
85.
d. Next meeting to begin at 1:00
p.m.
5. Minutes of' August 14, 1985 meeting 5. Approved.
6. Adjournment 6. Adjourned at 6:55 p.m.
~<('
'o' ,..'"
t,~~~f~
";,.
F
'1. '.':
;,
~"..., .
c.
r-
~.
.,.,'
"
.il
;,
c'.
'.' \'.
, :tj;(~Jb.~MiU'l<~l'i<.~___:-
~
1
_*~~.,M$M'~_ilf~"'l~""'0"'~___'~,~--,--~~__.
o
MUNICIPAL CODE gNfORCEMENT BOARD
September 11, 1985
Members present:
John Ehrig, Chairman
Robert Aude, Vice-Chairman
James Angelis
Robert Hostetler
Tim Amburgy
Adam Midura
frank Morris
Also present:
Alan Zimmet, Assistant City Attorney
Cyndie Goudeau, Secretary for the Board
The meeting was call ed
the Commission Meeting Room
advised any
the Municipal
County. Any
execution of
to order by the Chairman
in City Hall.
aggrieved party may appeal a
Code Enforcement Board to
such appeal must be filed
the order to be appealed.
286.0105 requires any party appealing a decision of
a verbatim record of the proceedings to support such an
at 2.05 p.m.
He outlined the procedures
final administrative order of
the Circuit Court of Pinellas
wi thin thirty (30) days of the
He noted that Florida Statute
this Board to have
appeal.
in
and
(7)
V
PUlLIC BJWmIGS
CASK 110. 153-85
Biltmore Livery
(License Code)
Stu Williams, Occupational
the hearing the applicant was in the
out an application. Mr. Williams requested
violator was not present at the hearing.
License Inspector, stated at the time of
Occupational License Office filling
this case be continued.
The
Mr. Hostetler moved to continue Case Mo. 153-85 to the October 9,
1985, meeting. Motion was duly seconded and carried unanimously.
ClSE 110. 168-85
Jeralne Burt
(Building Code)
Lori GOldston,
inspected on April
no work was being done on
was filled with debris.
Violation on the property
Redevelopment Inspector, stated this property was first
17, 1985. At that time the
the premises, and the
On June 19, 1985,
owner, Jeralne Burt.
building was
inside of
she served
unsecured,
the dwelling
a Notice of
o
The City submitted into evidence: Exhi bi t
Violation, dated June 18, 1985, and Exhibit No.
property. Since the time of the Notice of
installed several windows. A building permit pulled in
expired; and, at the present time, Ms. Burt has no building
No. 1--Notice
2A-G--photographs of
Violation, Ms. Burt has
1983 has since
permit.
of
the
.v1..<<;>..Jrt;iW1"J..."....lf:'f;\tl4't'..:,.J.~~
I
I
[D",
. '.
" ',,,,
F'
~ '.' " ' .' ,
. '
..' ..'
r-
-'
, i<
,I". \
o
..':i
I
I
,
!
, !
,: j
j
.!
,A
o
,0,
o
..
--,
, :1
~
. ~......~______-...-~_<:\.....p;<J+:!->Ur.tYll,......~.._,.___
Ms. Goldston stated she inspected the property the morning of the
hearing; the building is still unsecured and the debris is still there.
Ms. Goldston stated a contractor has recoll1Illended demolition as it is not
feasible to rehabilitate the building. She also stated the property as
it exists today is an attractive nuisance for children and vagrants.
The violator was not present at the hearing. The Secretary reported
a receipt had been returned indicating Notice of Hearing was served.
Mr. Hostetler moved regarding ease .0. 168-85 re: violation of
Section 133.02 of the Clearwater City Code on property having a legal
description as follows: Lot 30, BlOCK D, Greenwood Park No.2, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 11th day of September, 1985, and based
on the evidence, the Municipal Code Enforcement Board enters the fOllowing
rl.Ddt.. ot hot, Coaolaalaaa ot Law, aDd order.
The Pl~t~ or faot are: Based on the testimony of Lori GOldston,
Redevelopment Inspeotor, and Exhibit '1--Notice of Violation dated 6/18/85,
and Exhibits '2A-G-- photographs of property, the building is unsecured
and there is an acoumulation of trash and debris within the building
creating a safety hazard.
The Caaoluatoaa or La1r are:
133.02.
Jeralne Burt is in violation of Section
It is the Order of this Board that Jeralne Burt shall comply with
Section 133.02 of the Code of the City of Clearwater by l'e8CnlDa clebrla
ad MOUI'b8 u. ba11cl1DS 1I1tb1D 5 cIQa; C)bq....t... ba1lcl1D8 or ~llt1CID
peI'IIlt 1d.tIdD 30 clara; Mclnnt.. oaaatrlloUaa or ca.olltOD 1d.tIdD -5 cIaJa;
___-111& ..Uti_ vltb1D 60 .,.; or oc.plet1D& OCIIIIItruotlaa vlthlD
6 .-atM. It 1IGrk baa DOt a- snaecl 1I1~ tile '5 cIQa aUo.Md, tbe BcMlrd
rea l Inda tlat ~l1toD JII"Oo..n,.,- be ~tlt\ltecl. If Jeralne Burt does
not comply wi thin the times speoified, she shall pay a fine of $25.00
per day for eaoh instanoe of non-complianoe for each day the violation
oontinues to exist. If Jeralne Burt does not comply within the time
speoified, a certified copy of this Order, together with an Affidavit of
Non-Complianoe, shall be recorded in the public reoords of the Office of
the Cleric of the Circuit Court in and for Pinellas County, and once
reoorded shall constitute a lien against real or personal property owned
by Jeralne Burt pursuant to Chapter 82-31 Laws of Florida, 1982. Upon
oomplying, Jeralne Burt shall notify Lor1 001c1atoD, the City Official
who shall inspect the property and notify the Board of compliance. Should
a dispute arise concerning oomplianoe, either party may request a further
hearing before the Board. The IIOt1CID was duly seoonded and aarr1ecl
unanimously.
DaDe aad Ordered this 11th day of September, 1985.
CISI 10. 169-85
Express Graphios
(License Code)
The Assistant City Attorney requested the case be withdrawn as the
violation has been correoted. Mr. Aude moved to withdraw Cue 10.
169-85. The .atlOD was duly seconded and carri~ unanimously.
2.
'"1, v'u__.'. ' . ,<.", < ' ''',' ,..... ,~. , .
r
'I .::" .""
r-
~
_-"-"~.l';!..~__...__.............__" ~__________.~_".,~ .~,_
,~._,-----
C&SB m. 111-85
Soott Davis
(Lioense Code)
l~
<.J
The Secretary for the Board stated the return receipt for the
certitied Notice of Hearing had not been received. Syd Snair, Oocupational
License Inspeotor, stated he has been unable to contact this violator.
Mr. Snair requested guidance from the Board regarding how to determine
if this is a home oocupation in need of an oooupational license. The Board
direoted him to try to obtain a business card with the home address listed,
letterhead, or a listing in the telephone book.
Mr. Hostetler moved to continued Caae .0. 111-85 to October 9,
1985. The .ot1OD was duly seoonded and carried unanimously.
ClSE
.0.
112-85 Independent
(License Code)
Insuranoe
Servioe
'CD';'
.,- ,
'.... I.,
Syd Snair, Occupational Lioense Inspector, stated he inspected this
property on July 2, 1985. The business is an insuranoe agency with nine
agents. Mr. Snair stated the occupational license for the agenoy has been
applied for and a $50.00 fee sent in. However, with the nine
associates/agents working out of the offioe, the total amount of the
license be $230.00. The letter that aooompanied the applioation for the
agency lioense stated there was only one lioensed agent and the others
were independent contraotors. This letter, dated July 11. 1985, was read
into the record.
Ronald Durban, the licensed agent for Independent Insurance Services,
stated the nine representatives working out of the office are independent
contractors. Mr. Snair requested Mr. Durban furnish him with a list of
the nine associates/agents in order for him to notify them of their need
to get individual oocupational licenses.
Disoussion ensued regarding which type of occupational license would
be needed tor the nine assooiates/agents. The Board direoted Mr. Durban
to work with Syd Snair on resolving this issue.
Mr. Aude moved that regarding Caae .0. 172-85 re: violation ot
Section 11.02 ot the Clearwater City Code on property having a legal
desoription as follows: M&B 1, NEl of Sec. 8-29...16, aka 2907 S.R. 590,
the Munioipal Code Enforcement Board has heard testimony at the Municipal
Code Enforoement Board hearing held the 11 tl1 day of September, 1985, and
based on the evidence, the Municipal Code Enforcement Board enters the
following 'llMlt-. or Paot, Caaolualoaa or I.av, aad Order.
The '1adll1&8 ot' 'aat are: Based on testimony of Syd Snair,
Ocoupation License Inspector, evidenoe exists that Independent Insurance
Servioe is engaging in business with nine agents/assooiates.
The ec.olualaaa or La are:
violation of Section 11.02.
Independent Insuranoe Servioe is in
@,;,,,.,
.' [,I
t",
It is the Ordw of this
shall comply with Seotion 11.02
OCtober 1, 1985. If Independent
tl1e time specified, they shall
Board that Independent Insurance Servioe
of the Code of the City of Clearwater by
Insurance Service does not oomply within
pay a fine of .,0.00 per day for each
r'
,r,
, ~ .' . .',' . ,
'.
, ,
T-
" ,"
, ..~I!um1t\J>>""'~__"
I
'0
I
1
i
I
I
I
I
j
\
, '1
.
I
1
i
,1
, I
I
I
I
.j
. .1
"
day the violation continues to exist. Compliance shall consist of
obtaining $20.00 lioenses for agents/associates under Occupational License
for whioh they have already applied. If Independent Insuranoe Servioe
does not comply within the time specified, a certified copy of this Order,
together with an Affidavit of Non-Complianoe, shall be recorded in the
public reoords of the Office of the Clerk of the Circuit Court in and for
Pinellas County, and onoe recorded shall constitute a lien against real
or personal property owned by Independent Insurance Servioe pursuant to
Chapter 82-37 Laws of Florida, 1982. Upon complying, Independent Insurance
Service shall notiey SFd SDa1r the City OffiCial who shall inspeot the
property and notify the Board of compliance. Should a dispute arise
concerning complianoe, either party may request a further hearing before
the Board. The .otlOD was duly seoonded and oarr1ed unanimously.
Daae aDd ~ this 11th day of September, 1985.
CASK 10. 11'-85
Edward Gianoola
(Fire Code)
The Assistant City Attorney stated he had received a request from
the violator's attorney requesting continuanoe of this oase to the Ootober
meeting. Mr. Angel1s moved to oontinue c... 10. 11'-85 to the Ootober
9, 1985, meting. the ~tlOD was duly seconded and Garried unanimously.
CISB 10. 115-85
Nada Grant
(Fire Code)
,18\
;'~~.'>Y
Harry Mattheus, Fire Inspeotor, stated a routine inspeotion was
conducted on June 11, 1985. The building is a retail paint outlet with
over 15,000 sq. ft. that requires an approved automatic sprinkler syste~.
Mr. Mattheus oited Glidden Paints on June 12, 1985, requiring a contract
with starting and completion dates for installation of the sprinkler
system. On August 12, 1985, a reinspection was conducted and no oontract
had been obtained.
Discussion ensued regarding which edition of the Life Safety Code
is currently in effect in the City of Clearwater. The Board reoessed from
3: 37 to 3: 54 p.m. to obtain this information. Following the reoess, it
was determined that the 1981 Life Safoty Code is still in effect in all
of Pinellas County.
Nathan Hightower of McMullen, Everett, Logan, Marquardt, and Cline,
attorneys representing Nada Grant, questioned Mr. Mattheus as to how the
square footage was determined. He stated the 15,000 sq. ft. was estimated;
no measurement was taken. The building has had continuous use for nine
years and eight ~onths. He stated the Code provides for continuous use
and the sprinkler system is not. required. The current lease expires on
January 30, 1986. The owner of the property objects to spending $25,000
to $30,000 for a fire sprinkler system for the remaining period of the
lease.
~
(0
Mr. Hightower requested the Board grant an extension of the
required for obtaining a sprinkler system contract until January,
to see if the lease is going to be renewed.
time
1986.
1,1".. 1985
~
r-',
,...,.,. ',,'.
r
, ~.: .' '. '
p
"
.:1 .
\' . \
",
1"~..u_n.."1IL~~wwt'____,...,.. _ _---"___JIl\~...,.~c_.~~.rt',..l"2I"'~~~..______ ~._-",-----_......-........-_.._-..-..-.-_--- '.'~-'-""""-'
o
Discussion ensued regarding the square footage, and it was decided
to table this case in order to determine the square footage of the
building.
Mr. Aude moved to table CUe 10. 175-85 until the Ootober 9, 1985,
in order to determine the square footage of the property. The ~tlOD
was duly seconded and aarrie4 unanimously.
, ,
'I
, I
.
i
CASI 10. 116-85
Norman Bie, Jr.
(Building Code)
';
Lori Goldston, Redevelopment Inspector, stated she inspected this
propertY' on June 18, 1985. A t that time the building was in need of
repai1'"s and there was an elderly woman living in unsani tary conditions.
The building is now vacant and secured but not rehabilitated.
The City submitted into evidence: Exhibit No. 1A-E--photographs of
the property; Exhibit No. 2--Housing Inspector's Report; and Exhibit No.
3--a letter to Mr. Norman Bie, dated June 20, 1985.
Ks. Goldston stated she has had no communication from Mr. Bie.
o
"'1". Amburgy moved that regarding CUe 110. 176-85 re: violation
of Seotion 133.02(a) of the Clearwater City Code on property having a
legal description as follows: Lot 3 and West 15 ft. of Lot 2, Block E,
Greenwood Park No.2, the Municipal Code Enrorcement Board has heard
testimony at the Municipal Code Ent'orcement Board hearing held the 11 th
day of Septembepr 1985, and based on the evidence, the Municipal Code
Enforoement Board enters the t'ollowing P1Ddt~.,. of Pact, CoDolual.. or
LIJr, aDd Order.
Ttle ..lldt,.. or PIlOt are: Based on testimony of Lori Goldston,
Redevelopment Inspe~tor, and Exhibits #1 A-E--photographs of the property,
Exhibit 12--Housing Inspection Report, and Exhibit '3--a letter to Norman
Bie, Jr., dated 6/20/85, it 113 apparent the building is in violation.
'l'ne CoDolaa1aaa of Law are:
Section 133.02(a).
Norman Bie, Jr., is in violation or
@
It is the Orcle" of this Board that Norman Bie, Jr., shall comply
~ith Seotion 133.02(a) of the Code ot' the City of Clearwater by O~iftl~
. bu11dlD8 01' d..t'(l1t1GD .....t v1~D 30 da1II aDd oc.plet1D& Npaira
vlWD 6 ..tba. If Norman Bie, Jr., does not comply within the time
speCified, he shall pay a rine ot' t25.00 per day ror eaoh day the
violation oontinues to exist. If Norman Bie, Jr., does not comply within
the time speo1t'ied, a certified copy of this Order, together with an
At'fidavit of Non-Compliance, shall be reoorded in the publio records of
the Offioe 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' No~an B1e, Jr., pursuant to Chapter 82-37 ~aws of Florida, 1982.
Upon oomplying, Norman Bie, Jr., shall notify t.orl GoldataD, the City
Oft'i<lial who shall inspect the property and notify the Board of
oomplianoe. Should a dispute arise concerning compliance, either party
may request a further hearing bet'ore the Board. The mUoa was duly
seconded and aarr1ed unanimOUSly.
Doge aad ~ this 11th day of September, 1985.
-l
r
I. '....'.'. ':,'
;,
r-
~
. .. ' I
i
--'..,J'1Ml.,.......".."'......_...-......&':';..,....:~~~.t"',./.'lf...~,_........~..__~1o~"l.~,'.l"''lo''t-_~....,..'''''__~~_.......'oWlo_...._....w.>~
C)
CISB.. 171-85
Richard Flowers
(Building Code)
Lori GOldston, Redevelopment Inspector, stated she first inspect&d
this property on June 18, 1985.
The City submitted into evidence: Exhibit No. 1A-F--photograpns of
the property; Exhibit No. 2--copy of a construction contract between
Richard Flowers and Allstate Homes, Inc.; and Exhibit No. 3--a letter to
Mr. Riahard Flowers from Lori Goldston, dated June 20, 1985.
Ms. Goldston stated she had spoken to Mr. Flowers and he said he would
be out of the dwelling wi thin a week. He has a contract to demolish or
begin construJtion and is requesting a 30-day extension. Ms. Goldston
stated the building is unsafe and no permits had been pulled as of" tile
date of the hearing.
Hr. Angelis moved that regarding Calle .0. 1n-85 re: violation
of Seation 133.02(a) of the Clearwater City Code on property having a
legal description as follows: Greenwood Park NO.2, Bloak D, Lot 38, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 11th day of September, 1985, and based
on the evidence, the Municipal Code Enforcement Board enters the f"ollowing
rlDdl... of hat, CoDolualaaa of LaII, aDCI~.
,~
V
Tue rlDdt-. or r.at are: Based on testimony of Lori Goldston,
Redevelopment Inspector, and Exhibits 11 A-F--six photographs, Exhibit
12--construotion contract, and Exhibit 13--letter to Richard Flowers dated
6/20/85, unsanitary, unsare conditions exist, partially due to termite
damage, and the property is a hazard to occupants.
The CODOlualoaa or r.av are:
Seotion 133.02(a).
Riohard Flowers is in violation of
o
\;.;V
It is the 0rdaJa of this Board that Richard Flower.~ shall comply
with Section 133.02(a) of the Code of the City of Clearwater by.....
n.... UllUor l.....b1taDta YaOatiDI JII"OpartJ 1litb.1D 1 <<lap; obU11ltas a
~UGD pera1t v1tb1D 30 da18; aDd ~.tlD8 deaolltlOll llitbia 30 cla18
or pollt~ ~t. If Mr. Flowers does not comply within the times
speoified, he shall pay a fine of .10.00 per day ror each inst.ance of
non-compliance for each day t.he violation continues to exist. If Riohard
Flowers does not comply within the time speoified, 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 onoe recorded shall constitute a lien against
real or personal property owned by Richard Flowers pursuant to Chapter
82-37 Laws or Florida, 1982. Upon complying, Richard Flowers shall notify
Lori GoldatoD, the City Official who shall inspect the property and
notify the Board of compliance. Should a dispute arise ooncerning
compliance, either party may request a further hearing before the Board.
The .otloa was duly seconded and oarrled unanimously.
DaDe aDd Ordered this 11th day of September, 1985.
" ~ , .
..r-
<',
'.
V'.,.,
F
,
~. ,
..
),~'~tu~~~J~~l!"~\.'~'"
,.__~-:f3'.rl-~"'~1...~,\it.."~.I.....~,.,.t*"",""~~,,,,"I"'~':':G..\~~1~';1tti...~.I~~"" ~"'..~<:'..WO<l,t~~..,..k'IA""-"'-_...,.,.,~,.,.
,)
1
to
,
:1
OTHER BOARD lCTIOH
Llen Status Report
The Assistant City Attorney reported the following:
They will be refiling their claim in Case Ko 11-81 Leroy F.
Mltcbe1l as new owners have taken possession of the property. The
foreclosure proceedings against Mrs. Russell for Caae No. 7-81 have been
dismissed and the lien is no longer valid. Oral arguments are set for
November, 1985, in Case 110. 11-81 Clearwater SeY111e Ltd. The Florida
League of Cities is supporting our efforts. In Case 110. 26-83 - Lawrence
Mlll8Dder, the lien is no longer valid as the property has been purchased
through a tax sale. The foreclosure complaint in Case No. 51-83
Elnstein Boykins is ready to be filed.
Direction was requested regarding
Robinson. The Board directed to have Tom
at the next meeting to discuss this case.
58-83 Cbar1es
Housing Inspector,
Case Ko.
Chaplinsky,
The Secretary requested direction regarding the fine pending against
Case No. 50-811 - U. S. Sea Rescue. The individuals are no longer at
that location and ownership is difficult to ascertain. Mr. Amburgy moved
to drop the fine in Case Ho. 50-SII. The !lOtion was duly seconded and
carried unanimously.
,17'\
'0
rmr BUSIIIBSS
The Secretary was directed to draft a letter for the Chairman's
signature to the City Manager regarding occupational license code and the
need f'or some consideration for businesses at multiple locations such as
in the Carlyn Phei! case. The Board is requesting the fee schedule be
reexamined to allow for classes on less than a full-time basis at multiple
locations.
The Chairman reported he had met with the Ci ty Manager regarding an
attorney for the Board. The City Manager indicated the new City Attorney,
Milton Galbraith, will be joining the City very shortly and he will discuss
the matter with him. He also indicated there would be efforts made to
work out an agreement with Pinellas County similar to the one with St.
Petersburg.
Discussion ensued regarding the need for legal counsel for the Board.
Mr. Amburgy left the meeting at 6:34 p.m.
Mr. Midura left the meeting at 6:45 p.m.
~
\Q
The Secretary was directed to draft a letter to the Ci ty Manager
requesting legal counsel for Case No. 174-85, the first case of the next
meeting. Legal questions on which the Board will need guidance may arise
during this case.
" ,
~
. I