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12/11/1985 MUNICIPAL CODE &NFORCEMENT BOARD @ Meeting of December 11, 1965, 1:00 p.m. ACTIO. .... 1. Publ10 BoarlDp (At for complianoe 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. Case No. 174-65 Leuken-Giancola Holding Corp. (Fire Code) CoDtlDUeCl rr. 11-13-8; b. Case No. 166-65 Island Yacht Club Condo. (Fire Code) CoDt1Dued rra. 11-13-8; c. Case No. 193-65 Bob's Carpet, Inc. (Fire Code) d. Case No. 194-65 Druid Oaks Association (Zoning Code) 2. DDfI..t abed Bua1Deu @ /&,~ 3. 0tMr Board &otloa a. Case No. 132-65 Church of Soientology (Fire Code) - ~ troa rtN IDapeotor Lien Status Report b. II. .. Bu1Daa a. Fire Department Discussion 5. IIi.IIuw. or .oy..... 13. 1985. _tJ.D8 6. AcljoJ -L ..t ~_4~1 . 1. PIlbllo Bear1Dp -- ~_... ......".....;.......~~. a. Continued to 1/8/86 b. Withdrawn. c. Obtain contract within 45 days; oomplete installation by 7/1/66. d. Continued to 1/8/66. 2. UDt1 "1a1Mc1 Bu81Daa None. 3. otbeI- BoarcI lotloa a. Disoussed options to obtain compliance.. b. Reviewed. II. 1_ BWllDeu a. Fire Marshal reviewed Codes under which the Fire Department operates and disoussed preparation of cases. 5. lppI'oNCl .. aubaltted. 6. ldjoaa.... at 2:39 p... "...~W'''"i~~.$~~''4<_''''~.~'h'''r.~Tf!~--~'''n.,}(,~<:-_'1h'''~~.~..,..".,~~...._..._.t~~~~,,~~~1t'"("'f~.t MUNI~IPAL CODE ENFORCEMENT BOARD December 11, 1~85 o Members present: John Ehrig, Chairman Robert Aude, Vice-Chairman James Angelis Robert Hostetler Tim Amburgy Adam Midura Frank Morris (Arrived at 1:20 p.m.) Also present: Alan Zimmet, Assistant City Attorney Cyndie Goudeau, Secretary for the Board The meeting was called to order by the Chairman at 1:05 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 Floriaa Statute 280.0105 requires any party appealing a decision of this Board to have a verbatim record of the proceedings to support such an appeal. PUBLXC IlEARIBGS CD CASE NO. 174-85 Leuken-Giancola HOlding Corp. (Fire Code) John Frazer, attorney for Lueken-Giancola, requested a one-month continuance. Mr. Frazer stated Leuken's is the sub-lessee of the property and they are attempting to get the landlord to install the required sprinkler system. The Assistant City Attorney stated he has no objection if this will be the last extension granted and if the extension will be included in the time granted for compliance. Mr. Hostetler moved to continue Case Ho. 114-85 to the meeting of January 8, 1986. The motion was duly seconded and carried unanimously. CASE 110. 186-85 Island Yacht Club Condo. (Fire Code) The Assistant City Attorney requested this case be withdrawn. Mr. Angelis moved to accept the request for withdrawal of Case No. 186-85. The motion was duly seconded and carried unanimously. ~ ~ 1 . December 11, 1985 " -....-..I'...-.~,.., , 'K, ~' " '" . ___...._..._..~____.._________......I.lio.t.....__'_'4_ _.____._.._o(l<lt'tIl1R;tt:........-__' -,.-....--...--~ CASE NO. 193-85 Bob's Carpet Mart, Inc. (Fire Code) o Present at the hearing were Robert Ardson, rep~esentin3 Bob's Carpet Mart, and J. B. Johnson, representing Trininty Presbyterian Church, the owner of the property. Harry Mattheus, Life Hazard Sarety Inspector, stated the property was originally inspected on July 11, 1985. The Notice of Violation, written on July 12, 1~B5, requi~es the building to have an automatic sprinkler system installed as it is 21,840 sq, ft. in area. The City submitted: Exhibit No.1 - a lette~ from Robert A. Burwell, Executive Vice-President of First National Bank of Clearwater, to Mr. William Raynor of the Raynor Company regarding installation of the fire sprinkler system and stating the building contains 21,840 sq. ft. Discussion ensued regarding the feasibility of installing a four-hour fire wall to create two bUildings. Mr. Mattheus stated the Church checked into this possibility and found it to be close to the expense of the sprinkler system installation. Mr. J. B. Johnson of Trinity Presbyterian Church of this size must be approved by the Board of Elders. the building in 19'713 for future church use. They are through a grandfather clause. stated an expenditure The Church bought seeking a remedy The Chairman of the Board explained to Mr. Johnson the Code Enforcement Board cannot grant variances to the Life Safety Code. o Mr. Johnson stated the Chu~ch is requesting until July 1, 1~B6, to complete the fire sprinkler installation. Mr. Mattheus stated the Fire Department does not object to the July 1, 1~8b, installation date but would require a cont~act fo~ the installation be submitted within 30 days. Mr. A~dson, the representative of Bob's Carpet Mart, stated his firm is in agreement with the July 1, 1986, installation date. Mr. Amburgy moved that regarding Case No. 193--85 re: violation of Section 25-3.5& - Lire Sarety Code of the Clear~ater City Code on property having a legal description as follows: Sec. 13-29-15 from the southwest corner of the northeast quarter east 140 ft., thence north 50 ft. to point of beginning, thence north 280 ft., thence east 110 ft., thence south 280 ft., thence west 110 ft. to point of beginning. The Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of December, 1985, and based on the evidence, the Municipal Code Enforcement Board enters the fOllowing Findings ot Fact, CODclwslons ot Law, and Order. The Findings or Fact are: Harry Mattheus and J. B. Johnson building is appro~imately 21,000 sprinkler system. After hearing testimony of Inspector and reViewing City Exhibit ~1, the square feet and does not have the required 17). \.S:J The Conclusions of Law are: Bob's Carpet Mart, as tenant, and Trinity Presbyterian Church, as owner, are in violation of Life Safety Code, Section 25-3.5a. 2. December 11, 19~5 "r- " ' ,~. , ' ' .' . ' , ' . , . " '; r-- l, .,'~ ',~'1RwiI,*",~_",:"",,_.. , ........ ,. "'''.RIl.'7'''~ ';'j<.....J::;:~'r....~":"..."':"~_l~_~t1<4\...~'.I~...<;{.,15"."-~_.......hl<...........~,...,.;~.....tfin}.......;r~~&'dX;t~rll'.:~~..~'<M''''~~~~1.~'''~.: t I ,-, I 1 J I I (-~ "-~/ It is the Order of this Board that Bob's Carpet Mart and Trinity Presbyterian Church shall comply with Section 25-3.5a - Life Safety Code of the Code of the City of Clearwater within 45 days by producing a contract tor inatcUlation of a sprinkler system and completing installation ot said system by July 1, 1986. If Bob's Carpet Mart and Trinity Presbyterian Church do not comply within the time specified, a fine of $25.00 per day for each day the violation continues to exist shall accrue for each instance of non-compliance. If Bob's Carpet Mart and Trinity Presbyterian Church 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 Cler~ of the Cirnuit Court in and for Pinellas County, and once recorded shall constitute a lien against real or personal property owned by Bob's Carpet Mart and Trinity Presbyterian Church pursuant to Chapter ~2-37 Laws of Florida, 1982. Upon complying, Bob's Carpet Mart and Trinity Presbyterian Church shall notify Harry Mattbeus, 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 11th day of December, 1985. CASE RO. 1911-85 Druid Oaks ~ssociation (Zoning Code) C) Don McFarland, attorney representing Druid Oaks Association, requested a continuance to the January 8, 1980, meeting. The ~ssistant City Attorney stated the City does not object to the continuance but feels the request for ?ocuments is burdensome and irrelevant. Mr. McFarland stated using documents, i. e. fence permits and variances, submitted from 1979 to the present date would be agreeable to his client. It was agreed that Mr. McFarland working with Mr. Zimmet would determine the date from which documents would be produced. Mr. Aude moved to continued Case No 194-85 to the meeting of January a, 1980. The .otion was duly seconded and carried unanimously. UtlFDfIsmm BUSINESS None. O'I'IIER BOARD ACTION CASE HO. 132-65 Church of Scientology (Fire Code) The Church of Scientology has discovered the Gray Moss Inn owns the property on which they proposed to install a stairwell as a second means of egress. Therefore, they have not reached compliance with the Board's Order. 89;'::, k;:" ~" Discussion ensued regar~ing the seriousness of the violation and the Board questioned the Fire Marshal whether other action could be taken in addition to the $25.00 a day fine. The Fire Marshal stated the Fire Department can administratively close down the building under the Life Safety Code. 3. December 11, 19B5 ",':,..- .,. , , i, T- ~ , ' .~WiR:t'l'k't~"~~fi~l.""~II..-.-~. . _____~__._._..__~~v.y~/II\;'i.~!'Z~"'"!~~"":'J.:'~f~"'?"t3~i."\"~~~lf\fo~~~il>rr;1;~.._._........."'_______.Jw;.\o.t.NnJt..r)t-_.._._...._____I........~" The Fire Marshal is to take the steps he deems necessary to obtain compliance. o Lien Status Report The Assistant City Attorney stated in Case No. 11-81 - Clearwater Seville, Inc. the Appeal Court upheld Judge Fogle's opinion and denied the City's Notice of Claim of Lien. In Case Ho. 51-83 - Einstein Boykins, two of the owners have been served. The third owner, Carl Boykins, lives in Connecticut. They have been unable to contact him so they will be publishing the notice in the newspaper within 60 days. In Case Ho. 148-85 - Horman Die, the Assistant City Attorney stated he will be filing the City's brief on December 17, 1~~5. HEW BUSINESS Fire Departllent Discussion The Fire Marshal stated the Life Safety Code of ly81 for the first time addressed existing structures, as well as new. He emphasized that the administrative section of the Code, NFPA 101 - Section 1, states existing buildings may continue as they are if certain problems do not exist. This essentially grants discretionary power to the Fire Prevention Bureau. @ The Fire Marshal stated Pinellas County fire marshals are attempting to be consistent throughout the County and the Pinellas County Construction Licensing Board gives legal direction for interpreting the Life Safety Code. The Board has only amended one section of the Code and this amendment deals with sprinkler systems in high-rise buildings. Discussion ensued regarding inspectors' preparation of cases for the Code Enforcement Board. Suggestions \iere made ,to use photographs as evidence, to research all avenues of the Code before bringing cases to the Board, and to explain to violators that the Code Enforcement Board cannot grant variances to the Code. The Board commended the Fire Department as doing a good job in presenting cases. Mr. Ehrig reminded the Board that a new Chairman and Vice-Chairman must be elected at the January 8th meeting. HIRUTBS The Chairman presented the minutes of the meeting for consideration. Mr. Hostetler moved the minutes be The motion was duly seconded and carried unanimously. of November 13, 1~B5, approved as submitted. The meeting adjourned at 2:3~ p.m. ... ~ ~ Attest: C:' ~~c. Ci ty lerk - 4. ~,Q~~ December 11, ~. ,. ,,' "