11/23/1985
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of November 13, 19~5t 1:00 p.m.
Agenda
Public Hearings
the time a case is heard and date
fo~ compliance the Board shall at the
time set the fee to be assessed in
non-compliance.)
1.
(At
set
same
case of
a.
174-85 Leuken-Giancola Holding
Corp. (Fire Code)
Continued from 10/9/85
176-85 Norman Bie, Jr. (Building
Code) Rehearing
185-85 Island in the Sun Nobile
Home Park (Utility Code)
Continued from 10/9/85
18b-85 Island Yacht, Club Condo.
(Fire Code)
Continued from 10/9/85
188-85 Dan Murrin, Jr. (License
Code) Complied
190-85 .Jack and/or Donna Swann (Fire
Code)
191-85 Eagle's Glen Condominium
(Utility Code)
192-85 Innkeepers Supplies (License
Code)
b.
c.
d.
e.
f.
g.
f.
2. Unfinished Business
a. 168-85 Jeralne Burt (Building Code)
Affidavit of Compliance
b. 179-85 Messrs. George & Frank Izzo
(Fire Code)
Affidavit of Compliance
3.
Ot.ber Board Act.ion
a.
141-85 John Turner (Publix Profit
Sharing Corp.) (Fire Code)
Lien Status Report
b.
It.
Hew Business
5.
Minutes or October 9, 1985 meeting
6.
Adjournment
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ACTION
1.
Public Hearings
a. Continued to 12/11/85.
b. No action.
c. Withdrawn.
d. Continued to 12/11/85.
e. Withdrawn.
f. Continued to 12/11/85.
g. Hithdrawn.
h. Withdrawn.
2. Unfinished Business
a. Accepted; forgave $75.00 fine.
b. Accepted.
3.
Other Board Action
a.
Reduced fine by 21 days;
total new fine $650.00.
Revie\-Ied.
b.
4.
Hew Business
a. Mr. Amburgy requested status of
Occupational License request.
b. Discussion re: case preparation;
scheduled Fire Marshal for 12/11/~5.
5.
Approved as submitted.
6.
Adjourned at 3:29 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
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November 13, 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
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The meeting was called to order by the Chairman at 1:09 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.
PUBLl:C IIElRIIIGS
CASE 110. 11-..85
Leuken-Giancola Holding Corp.
(Fire Code)
The assistant City Attorney requested this case be continued as a
rUling by the Pinellas County Construction Licensing Board has not been
received.
December 11,
unanimously.
Mr. Hostetler moved to continue Case 10. 114-85 to the meeting of
The BOtion was duly seconded and carried
1985.
CASB 10. 116-85
Norman Die, Jr.
(Building Code)
At its October 9th meeting, the Code Enforcement Board granted Mr.
Bie's request for a rehearing in this case. Mr. Bie reviewed the history
of this property and requested the Board reconsider its actions regarding
Case No. 148-85.
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Discussin ensued regarding whether or not the Board could take any
action regarding Case No. 1~8-85 because Mr. Bie has filed an appeal
1n this case. Discussion also ensued regarding ownership of the property
and whether or not someone could have been present at the original
hearing.
The Board took no action.
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ClSB HO. 185-85 Island in the Sun Mobile Home Park
(Utility Code)
The Assistant City Attorney requested this case be withdrawn as the
violation has been corrected. Mr. Hostetler moved to accept the request
for withdrawal of Case Ho. 185-85. The motion was duly seconded and
carried unanimously.
ClSB HO. 186-85 Island Yacht Club Condominium
(Fire Code)
The Assistant City Attorney requested this case be continued. Mr.
Aude moved to continue Case Ho. 186-85 to the meeting of December 11,
1985. The motion was duly seconded and carried unanimously.
CASE RO. 188-85 Dan Murrin, Jr.
(License Code)
The Assistant City Attorney requested this case be withdrawn as the
violation has been corrected. Mr. Angelis moved to accept the request
for withdrawal of Case Ho. 188-85. The motion was duly seconded and
carried unanimously.
CASE HO. 190-85 Jack and/or Donna Swann
(Fire Code)
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The Assistant City Attorney requested this case be continued. Mr.
Hostetler moved to continue Case Ho. 190-85 to the meeting of December
11, 1985. The motion was duly seconded and carried unanimously.
CISB HO. 191-85
Eagle's Glen Condominium
(Utili ty Code)
CASK JO. 192-85
Innkeepers' Supplies
(License Code)
The Assistant City Attorney requested both these cases be withdrawn
as the violations have been corrected. Mr. Angelis moved to accept the
request for withdrawal of Cases Ro. 191-85 and 192-85. The .otion was
duly seconded and carried unanimously.
UIIFIIIISBKD BOSIIIBSS
CASB 110. 168-85
Jeralne Burt
(Building Code)
A letter had been received by the Secretary from Mrs. Burt requesting
to be reheard regarding this case. She stated she does not feel the
building is dangerous; work has been done and the permit should not have
expired.
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Discussion ensued regarding the fact that Mrs. Burt was called out
of town during the time this case was heard. She did not receive the
order to comply until the compliance date.
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Mr. Hostetle~ moved to accept the Affidavit of Compliance in C&8e
Mo. 168-85 and cancel the $75.00 fine for three days of non-compliance
due to the owner being out of town. The motion was duly seconded and
carried unanimously.
CASE RO. 119-85
Messrs. George and Prank Izzo
(fire Code)
Mr. Hostetler moved to accept the Affidavit of Compliance in Ca8e
Ro. 119-85. The .otion was duly seconded and carried unanimously.
ormm BOAJlI) ACTIO.
CASK tIO. 1'1-85
John Turner (Publix Profit Sharing Corp.)
(Pire Code)
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The Board gave Publix Profit Sharing Corporation until August 10,
1985, to comply with the establishment of fire lanes in the shopping center
located at the corner of Sunset Point Road and U.S. 19. The Affidavit
of Compliance filed by Pire Inspector Daniels stated compliance was reached
as of September 27, 1985, resulting in 48 days of non-compliance with
the Order. An Affidavit signed by Allen Tidwell, director of the shopping
center, has been submitted by the attorney for Publix Profit Sharing
stating the work ~as completed by August 13, 1985. Inspector Daniels
stated he was not called to inspect the property for compliance until the
September 27th date. A drive through the shopping center sometime in late
August indicated the required signs were not in place.
Discussion ensued regarding the fact that the Order for this case
was amended; the Amended Order was not issued until the 5th day of August,
21 days after the original hearing.
Mr. Hostetler moved that due to the clerical modifications required
by the violator, 21 days of non-compliance be released and, since it was
specifically stated in the Order the violator was required to call the
inspector but this was not done until the 27th of September, September
27th 1s the date of compliance. The ~tl0D was duly seconded and
carried unanimously.
Lien Stataa Report
It was reported that in Case Ro. 4-81 - Leroy F. Mitchell (Mai Tal
Motor Inn) payment has been received for the $2,500.00 fine.
Case Ro. 11-81 - Clearwater Seville - oral arguments of the appeal
were heard on November 12 and a decision is expected within three months.
Case Ro. 51-83 - Einstein Boykins - the Assistant City Attorney
stated they are still trying to locate one of the owners in this case.
When they do they should be able to get a declaration of default.
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Case Ro. 1~8-83 - Charles Robinson - Tom Chaplinsky. Minimum Housing
Inspector, stated Mr. Robinson and his family have been relocated to
Section 8 housing. However, no demolition or work has been initiated.
If the work does not commence, proceedings for allowing the City to
demolish the building will be taken before the City Commission.
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Case Mo. 56-84 - William Anderson - The Secretary reported she
was trying to get payment of the $330.00 fine so that a lien would not
have to be filed.
Case Mo. 113-85 - Donna Ledbetter - Compliance has not been reached
and the fine has been accruing at $5.00 a day. Inspector Chaplinsky
reported he had been told by a third party the violation was corrected.
The Secretary was directed to write a letter to Mrs. Ledbetter requesting
she contact the inspector if the violation has been corrected.
case Mo. 132-85 - Church of Scientology - The violatin has not been
corrected and the status is not known. The Secretary was directed to call
the Fire Department.
IIEV BO.SIRBSS
Mr. Amburgy questioned whether a response had been received regarding
the request that occupational license fees for part-time businesses be
revie~ed. The Chairman reported he had received a letter from the City
Manager indicating this would be a part of an overall revie~ of the license
code.
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Mr. Angelis questioned how judgmental the Board could be and
discussion ensued regarding Inspectors' preparation for cases. The
Assistant City Attorney reported the Fire Marshal has requested that he
be allowed to discuss this with the Board. The Secretary was directed
to agenda this item for the December 11, 1985, meeting under "New
Business."
MI1I1JTBS
The Chairman presented the minutes of the meeting of October 9, 1985,
Cor consideration. Mr. Aude moved the minutes be approved as submitted.
The 8OtiOD ~as duly seconded and carried unanimously.
The meeting adjourned at 3:29 p.m.
Attest:
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Ci ~Clerk
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