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10/09/1985 f7"' '. ~ :1' ~--.--- ':, J ~~y~tJ")~'Y:1r~~rt~r~'!1'~,!"L!"I:~,y:1t~'!a!.fi;..~..."~;~.~,,.,1t"..\':.f~:nft."~:"~.. ) o V' Agenda I. l ,. MUNICIPAL CODE ENPOaCEMENT BOARD Meeting of October 9, 1~85, 1:00 p.m. 1. Public Hearings (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.) @...,. .,.1.,. . . f),' ',. ',' i~,~> . Case No. 174-85 Leuken-Giancola Holding Corp. (Fire Code) (Cont. from 9-11-85) Case No. 175-85 Nada Grant (Fire Code) (Cont. from 9-11-85) Case No. 179-85 George and Frank Izzo (Fir-e Code) Case No. 180-85 Shir-ley I. Sapp (Fire Code) Case No. 181-85 Nick Mavrogiannis (Zoning Code) Case No. 162-85 Wilson G. Michaud (Building Code) Case No. 183-85 Jeralne Burt (Building Code) Case No. 184-85 Jeralne Burt (Building Code) Case No. 185-85 Island in the Sun Mobile Home Park (Utility Code) Request by City to cont~nue to 11-13-85 Case No. 186-85 Island Yacht Club Condo. (Fire Code) Filed as Bonnie Itirkbr~de Case No, 187-85 Joseph A. Martinson (Building Code) &mergency Case No. 171-85 Scott Davis (License Code) (Cont. from 9-11-85) Case No. 153-85 Biltmore Livery (License Code) (Cont. from 9-11-85) a. b. c. d. e. f. g. h. i. j. k. 1. m. AcrIOR 1. Public Hearings a. Continued to 11-13-85. b. \~ithdrawn. c. Comply by 1'-B-d5. d. Withdrawn. e. Comply by 12-)-85 re: Tabled Sec. 131.142 used car lot. 'tli thdrawn. body shop. ( 1 0) re: f. g. refrigerator within 24 comply within 30 days. Vacate and secure building within 7 days; obtain necessary permits within 30 days; complete repairs within additional 60 days. Continued to 11-13-85. Secure hours; h. 1. j. Continued to 11-13-05. k. Withdrawn. 1. Hithdrawn. m. Withdrawn. ... r . ~.:.'.. : ..' i . ? ., r- .! ..,f. " . .:~~~.\ret,~.......,.. T . ...~lloIM ._"'~~\4~~_....____~..._ ~ . o MUNICIPAL CODE ENFORCEMENT BOARD October 9, 1985 Member-s present: John Ehrig, Chairman Robert Aude, Vice-Chairman James Angelis (Arrived at 'rim Amburgy Adam Midura Frank Morris (Arrived at 2:03 p.m.) 1 :50 p.m.) Absent.: Robert Hostetler- (Excused) Also present: Alan Zimmet, Assistant Cit.y Attorney Cyndie Goudeau, Secretary for t.he Board A \::2J The meeting was called to order by t.he Chairman at 1:40 p.m. in the Commission Meeting Room in City Hall. He outlined the pr-ocedures and advised any aggr-ieved party may appeal a final administr-ative order of t.he Municipal Code Enforcement Board to t.he 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 not.ed that Florida Statute 286.0105 requires any party appealing a decision of this Boar-d t.o have a verbatim recor-d or the proceedings to support such an appeal. The new Cit.y Attorney, Assistant County Attorney, who questions for Case No. 174-85. Milton Galbraith, introduced Steve Siebert, was present to advise the Boar-d on legal PUBLIC ImARIRGS CASE NO. 1111-85 Leuken-Giancola Holding Corp. (Fire Code) Har-ry Mattheus, Life Hazard Safety Inspector, stated he first inspected ~euken's Piggly Wig~ly grocery market on June 12, 1985, and cited the market for having no sprinkler system. Mr. Mattheus returned to the market in early July and in mid-August and no steps had been taken to comply. He received a letter from Mr. John Frazer, attorney representing ~euken-Giancola HOlding Corp., stating the owner-s did not intend to comply. Mr. Frazer stated the requirements for- a sprinkler system are not applicable to existing structures until 1993 unless t.here is a change in ownership. ~,',. :~::~:.:~ ." ~ ,.' ,<.'", Mr. Frazer submitted defendant's Exhibit A--copy of amendment to the Life Safety Code and C--copy of Ordinance 2861-82 or the Clearwater Code of Ordinances. , ' .' - ~.,...,.r-....~ """, :. ..~.."., ~~' ... " " ~. d. ~. .1 .p .",'" . F . " ';i 1 . . . . . . :~.m<1t~^'~_'__ '_.dU_~. j I. , C) Mr. Ed Giancola stated he is president of the holding corporation and has been one of the owners since 1~81. He does not own the property located at 1661 Gulf-to-Bay Boulevard but sub-leases it from Malone & Hyde who lease it from Gerald Bobier. :> . ( The Assistant City Attorney stated the amendments cited by Mr. do not apply in this case. Frazer Discussion ensued regarding whether variances of the National Fire Prevention Association's Life Safety Code 101 are feasible. Mr. Frazer stated it would be possible for the local Board of Adjustment and Appeals to hear the request for variance, and ultimately it could go to the Pinellas County Construction Licensing Board. Mr. Amburgy moved to continue Case No. 174-B5 to November 13, 1985, in order to get a ruling from the Pinellas County Construction Licensing Board regarding the intent of amendment 4.1.1. The motion was duly seconded and carried unanimously. (Mr. Aude and Mr. Angelis not being present for the entire case did not vote.) John Ehrig left the meeting at 2:53 p.m. CASE NO. 115-85 Nada Grant (Fire Code) ,'0) ~V The Assistant City Attorney requested this case be withdrawn as the property has been determined to be under 15,000 sq. ft. t1r. Morris moved to withdrawn Case No. 115-85. The motion was duly seconded and carried unanimously. CASE HO. 119-85 George and Frank Izzo (Vine Associates) (Fire Code) Karl Whittleton, Life Hazard Safety In3pector, stated this property was inspected on June 26, 1985. The smoke detectors in the units were inoperable and there were no fire extinguishers provided. Mr. Whittleton stated this is an apartment complex with six buildings, two units per building. The property was reinspected on August 2, 1985, and on August 20, 1985, and is still not in compliance. George Izzo stated the property cited is not two lots but nine contiguous lots with the six buildings spread over five. He stated the units are duplex apartments which are not required to have fire extinguishers. The smoke detectors are inoperable because tenants remove the batteries for other uses. This is a HUD subsidized housing program and is inspected regularly. The Assistant City Attorney submitted Exhibits No. 1 A-D--four photographs of the property. ~..c. .'. {; \~ ,J~ Mr. Amburgy moved that regarding Case No 179-85 re: violation of Sections S.F.M. 4A-21.02 and HFPA 19-3.1.1 of the Clearwater City Code. on property with a legal description as follows: Lot 8, Block C less road, ~r .'. .r- I ',' " .., i. . , . . .......-\lfItrtUu.u.~"""'""--_._~ , I o Jur'gents Addition, aka 1012 N. Vine St. and Lot 7, Block C, Jurgen's Addition, aka 100B Metto St., the Municipal Code Enforcetnent Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October', 1985, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. 1 .J 1 The Findings of Fact are: Based on the testimony of Karl Hhittleton and George Izzo and viewing of City's Exhibit # 1, it is evident there are (six) b buildings on adjoining lots being operated as an apartment complex. The Conclusions ot Law are: Because the smoke detectors are inoperable and there are no fire extinguishers, George and Frank Izzo (Vine ~ssociates) are in violation of Sections S.F.M 2A-21.02 and NFPA 19-3.1.1. ,~ '0 It is the Order of this Board that George and Frank Izzo (Vine Associates) shall comply with Sections S.F.M. 4A-21.02 and NFPA 19-3.1.1 of the Code of the City of Clearwater by November 8, 1985. If George and Frank Izzo (Vine Associates) do not comply within the time specified, they shall pay a fine of $25.00 per day ror each day the violation continues to exist. If George and Frank Izzo (Vine Associates) do 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 George and Frank Izzo (Vine Associates) pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying, George and Frank Izzo (Vine Associates) shall notify Karl Wbittleton, 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 9th day of October, 1985. CASE NO. 180-85 Shirley I. Sapp (Fire Code) The Assistant City Attorney requested the case be withdrawn as the violation has been corrected. Mr. Midura moved to withdraw Case No 180-85. The motion was duly seconded and carried unanimously. CASE NO. 181-85 Nick Mavrogiannis (Zoning Code) Leo Menendez, Zoning Enforcement Officer, stated he became aware of a zoning violation on September 10, 1985, when Mr. Mavrogiannis came into Occupational License to obtain a license for a body shop. When Mr. Menendez visited the property, he observed a sign on the front of the building and a car being worked on. @". ,fl_ . . City submitted Exhibit No. 1 A-S--five photographs of the property and Exhibit No. 2--Mr. Mavrogiannis' application for an occuapational license for a body shop. , , ,\ ....'.'.'[0.. .... . ,. ,,' ' . . .. . , .... , . , . . . " , . <~. .' . . , . r-~ ~ .~tt~::s.~__..__... I .___:\t,.,v~"~~.If"_'__,___~____",, .. o Mr. Menendez stated a special exception is required in a CG zone to operate a body shop or a used car lot. Mr. Mavrogiannis has not applied to the Board of Adjustment and Appeal on Zoning for a special exception. Nick Mavrogiannis stated he went to City Hall Annex to question whether he would be able to operate a spray painting booth. He was told to go to the Fire Department to get the rules for operating a spray booth but was not told he needed a special exception. He stated he rents half of the bUilding for spraying and his brother rents the other half for the used car lot. The Assistant City Attorney suggested the Board continue the portion of the case regarding the used car lot and obtain a copy of the lease to ascertain that Mr. Mavrogiannis is only renting half of the property. Mr. Amburgy moved that regarding Case No 181-85 to continue the violation of Section 131.142 (10) and re: violation of Section 131.142 (6) of the Clearwater City Code on property having a legal description as follows: Lots 12 and 13, Block D, Coachman Heights SUb., the MuniCipal Code Enforcement Board has heard testimony at the MuniCipal Code Enforcement Board hearing held the 9th day of October, 1985, and based on the evidence, the MuniCipal Code Enforcement Board enters the following Findings or Fact, Conclusions or Law, and Order. .8 \8 The Findings ot Fact are: and Nick Mavrogiannis and vieWing is evident Mr. Mavrogiannis is in Based on the testimony of of City's Exhibits U 1A-E the process of setting up [,eo t1enendez and /I 2, it a body shop. The Conclusions of Law are: Sec. 131.142(6). Nick Mavrogiannis is in violation of It is the Order of this Board that Nick Mavrogiannis shall comply with Section 131.142(6) of the Code of the City of Clearwater by December 9, 1985. If Nick Mavrogiannis 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 Nick Mavrogiannis 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 Nick Mavrogiannis pursuant to Chapter 82-31 Laws of Plorida, 1982. Upon complying, Nick Mavrogiannis shall notify Leo Menendez, the City Official ~ho shall inspect the property and notify the Boa~d 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 9th day of October, 1985. The consensus was to table the violation of Section 131.142(10) regarding the used car lot until the next meeting of November 13, 1985. Q0)-.' V..,"'.' ,,:-.'" The Board recessed from 3:58 p.rn.to 4:05 p.m. , . :,P- ~ ~;/ " . F- ~ . [ . .. - .. ._-~_....' ~~ .~_-:..--_- _ . __~ttv-.t....___~.. I I CASE liO. 182-85 Wilson G. Michaud (Building Code) o The Assistant City Attorney requested the case be withdrawn as the violation has been corrected. Mr. Morris moved to withdraw Case Mo. 182-85. The motion was duly seconded and carried unanimously. CASE HO. 183-85 Jeralne Burt (Building Code) Tom Chaplinsky, Minimum Housing Inspector, stated he had accompanied ~ori Goldston to inspect the property in April, 1985. The building is a two-story triplex with two apartments occupied and one vacant. City submitted Exhibit No. 1--Housing Inspector's report. Mr. Chaplinsky stated he visited the property at noon the day of the hearin. Of the 30 plus violations cited, six have not been corrected. Jeralne Burt, the owner of the property stated she intends to correct the remaining violations. Discussion ensued regarding the refrigerators stored on the property and the danger to children. tw',':. ,-., ."; '';.:(.. Mr. Angelis moved that regarding Case No. 183-85 re: violation of Sections 302.1, 305.7, 303.3, 303.4, 302.6, 305.16, 306.2, 306.3, 303.4, 301.3, and 305.13 of the Standard Housing Code of the Clearwater City Code on property having a legal description as follows: Block D, Lot 28, Greenwood Park No.2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of October, 1985, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions or Law, and Order. The Findings or Fact are: Based on the testimony of Thomas Chaplinsky and Jeralyn Burt, there are six remaining violations to be corrected. The Conclusions of Law are: Sections 305.16, 305.1, and 307.4. Jeralne Burt is in violation of It is the Order of this Board that Jeralne Burt shall comply with Section 305.16, 305.7, and 301.4 of the Code of the City of Clearwater by seouring tbe refrigerators Mitbin 24 bours and completing repairs witbin 30 da~s. If Jeralne Burt does not comply within the time specified, she shall pay a fine of $25.00 per day for each day the violation continues to exist. If Jeralne Burt 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 @.".. '''';''," ")''',., , ~"1":'" r ,'.' r I .... . ... . f ~ .", I '. 1,1, ",I ~~~- ."'--.._.......-_..~ .. . ,.' (') V the Clerk of the Circuit Court in and for Pinel Las County, and once recorded shall constitute a lien against ~eal or pe~sonal property owned by Jeralne Burt pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying, Jeralne Burt shall notify Lori Goldston, 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 befo~e the Board. The motion was duly seconded and carried unanimously. Done and Ordered this 9th day of October, 1985. CASE HO. 184-85 Jeralne Burt (Building Code) Tom Chaplinsky, Minimum Housing Inspector, stated he inspected the property in early August, 1985. The prope~ty is in bad repair; termite damage has caused major structural problems; the floor joists are suspendejj the water pipes are leaking and have rotted the wood; the waste pipe connection is improperly hooked together; the ceiling is down in the bathroom, there is no lavatory in the bath~oom, and the wallcoverings are in need of repair. City submitted Exhibit No. 1--Notice of Violation, dated August 9, 1985, and Exhibit No. 2--n1ne photographs of the property. 8'" 1-. ,. .. , Mr. Chaplinsky stated he inspected the property between 12:00 p.m. and 1:00 p.m. on the day of the hearing. One apartment is still occupied, the violations still exist, and the building is st~ucturally unsafe. Mr. Chaplinsky stated it is the opinion of the Building Director the building should not be occupied and is not feasible to repair. Ms. Burt stated she is working on repairing the building. The property was tented for termites six years ago and she had over $1,100.00 of electrical work done last year. She requested she be allowed to repair the outside violations first and be given time to repair the interior. The Assistant City Attorney stated fixing up the outside would not make the bUilding structurally safe. Mr. Amburgy moved that regarding Case No 184-85 re: violation of Sections 133.01 and 133.02 of the Clearwater City Code, on property having a legal description as follows: Block E, North 75 ft. of South l of Block E, the Municipal Code Enforcement Board has heard testimony at the MuniCipal Code Enforcement Board hearing held the 9th day of October, 1985, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, ConclusiOns of Law, and Order. ~ ; ~::}" ~ The Findings of Fact are: Based 0:1 the testimony of Thomas Chaplinsky and Jeralne Burt and viewing of City's Exhibits # 1 and #2 A-I, it is evident the building is unsafe and there is a tenant living there. The Conclusions of' Law are: 133.01 and 133.02. Jeralne Burt 1s violation of Sections I .r I. . r-- , I;' .1, (, -~-_... .~-- ..._-----_...~----._...._~~ ~ .. ~..._.,~:."'I"!'J"~,,;~.Ul'f~_ ./ j I I I I I .' () It is the Order of this Board that Jeralne Bu~t shall co~ply with Sections 133.01 and 133.02 of the Code of the City of Clearwater by vacating and securing the property within 1 days. If Jeralne Burt does not comply within the time specified, he shall pay a fine of $10.00 per day for each day the violation continues to exist. It is further ordered that Jeralne Burt shall comply by obtaining the necessary permits within 30 days and cOIIpleting repairs within an additional 60 days. If Jeralne Burt does not comply within the time specified, she shall pay a fine of $25.00 per day for each instance of non-compliance for each day the violation continues to exist. If Jeralne Burt 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 Jeralne Burt pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying, Jeralne Burt shall notify Thomas 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 motion was duly seconded and carried unanimously. Done and Ordered this 9th day of October, 1985. CASE RO. 18S-85 Island in the Sun Mobile Home Park (Utility Code) :2) CASE HO. 186-85 Island Yacht Club Condo. (Fire Code) Mr. Morris moved to continue these two cases to the November 13, 1985, meeting. The motion was duly seconded and carried unanimously. CASE RO. 187-85 Joseph A. Martinson (Building Code) The Assistant City Attorney requested the case be withdrawn as the violation has been corrected. Mr. Midura moved to withdraw Case Ro. 18S-85. The motion was duly seconded and carried unanimously. CASE HO. 111-85 Scott Davis (License Code) Continued trom 9/11/85 The Assistant City Attorney moved the case be withdrawn as the violation had been corrected. Mr Morris moved to withdraw Case No. 111-85. The motion was dUly seconded and carried unanimously. C.ISB: HO. 153-85 Biltmore Livery (License Code) Continued trom 9/11/85 The Assistant City Attorney moved the case be withdrawn as the violation has been corrected. Mr. Midura moved to withdraw Case No. 153-85. The motion was duly seconded and carried unanimously. ,C?\ U '.," , ~ I i ...,A"'..~ ~ ._~>fQ,P~..._.. ....... Mo.l . ONFINISB&D BUSnmss o CASE NO. 141-85 Publix Profit Sharing Corp. (John Turner) (Fire Code) Mr. Amburgy moved to accept the Affidavit of Compliance. was duly seconded and carried unanimously. The motion CASE NO. 147-85 Texaco USA (Utility Code) t~r. Morris moved to accept the Affidavit of Compliance. was duly seconded and carried unanimously. The motion CASE RD. 168-85 Jeralne Burt (Building Code) Mr. AlDburgy :noved to accept the A.ffidavit of Non-Compliance. motion was duly seconded and carried unanimously. The OTIIBR BOARD ACTION elSE NO. 162-85 Jim Sommers (Building Code) @ The Secretary for the Board advised a letter had been received from Mr. Sommers stating compliance with the order of the Board has been stalled by the homeowner's refusal to allow Mr. Sommers to correct the violation (a fence installed improperly by Mr. Sommers). The consensus of the Board was Sommers to apply for a variance for the property is to be cited. to see if the owner would allow Mr. the fence; and, if not, the owner of CASE KO. 176-85 Norman Bie, Jr. (Building Code) Request for Rehearing Mr. Amburgy moved to grant 'Case No. 116-85 a rehearing for November 13, 1985. The motion was duly seconded and carried unanimously. tmf BtJsnmss The consensus of the Board was to begin all future Code Enforcement Board meetings at 1:00 p.m. MIIflJTES 11, 1985, for as submitted. The Vice-Chairman presented the minutes of consideration. Mr. A.ngelis moved The motion was duly seconded and the meeting of September the minutes be approved carried unanimously. 0~ r4fY The meeting adjourned at 5:25 p.m. ~' _~ roC'.