04/09/1986
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2. UntiDished Business 2. Unfinished Business
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a. Case No. 132-85 Church of Scientology a. Accepted affidavit.
Af'tidav1t of Caapllance Forgave 45 days of fine.
b. Case No. 162-85 Jim Sommers b. Accepted affidavit.
utidaYit or Ron-COllpliance
c. Case No. 163-85 Jeralne Burt o. Accepted affidavit.
Af'ridavit or Compliance
d. Case No. 168-85 Jeralne Burt d. Accepted affidavit.
Affidavit or Complianoe
e. Case No. 173-85 Charles Robinson e. Accepted affidavit.
Affidavit ot Hon-co.pliance
f. Case No. 176-85 Norman Bie, Jr. f. Vacated order.
Af'fidavit or Hon-co..pliance
Af'f'idavit ot Kon-compliance
g. Case No. 183-85 Jeralne Burt g. Accepted affidavits.
At't1davit or Compliance
At'tJ.davit ot Complianoe
h. Case No. 184-85 J eraU ne Burt h.
~ Attidant otC~pliance Accepted affidavit.
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",.l' Att'1daYit or Bon-co..pllance No action.
Atndav1t of Bon-compliance No action.
i. Case No. 4-86 Helen L. Russell i. Accepted affidavit.
Atfidant of Hon-<:ompliance
j. Case No. 7-86 Williamsburg Place Apts. j. Accepted affidavit.
Metco Development
Af't1davit or Compliance
k. Case No. 8-86 Tradewinds East Condos k. Accepted affidavit.
Af'tidaYit or Complianoe
1. Case No. 15-86 Sunnydale Cabinets Shop l. Accepted af~idavit.
Atn.davit of Hon-COlapliance
m. Case No. 18-86 Rave/G&G Shops m. Accepted affidavits.
Affldav1t of Bon-C~pliance
Affidavit of Caaplianoe
n. Case No. 19-86 Sardo's Restaurant n. Accepted affidavit.
Af'tidavit or CoIIpliance
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MUNICIPAL CODE ENFORCEMENT BOARD
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April 9, 1986
Members present:
John Ehrig, Chairman
Robert Aude, Vice-Chairman
James Angelis
Robert Hostetler
Tim Amburgy
Adam Midura
Frank Morris (arrived 1:10 p.m.)
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 1:05 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 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.
PUBLIC HEARIBGS
CASE HO. 1911-85
Druid Oaks Association, Inc.
(Zoning Code)
continued tram 2/12/86
The Assistant City Attorney stated a variance for the south fence has
been obtained by Druid Oaks Association. In addition, records indicate
permits were issued for the north and west fences. The only fence still
in violation is the east fence as the posts are considerably higher than
the fence itself, and in violation of the height requirement.
Leo Menendez, Zoning Enforcement Officer, stated he originally visited
the property in September, 1985, as the result of a complaint received by
the Building Dept.
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The City submitted Exhibit #1 - a drawing of the fences, Composite
Exhibit #2 - A through D - 4 photographs of the property, Exhibit #3 - an
application for a fence permit for the west side, dated January 14, 1982,
Exhibit #4 - a fence permit issued January 18, 1982, Exhibit U5 - an
application for a fence permit for the north side, dated January 25, 1983,
Exhibit #6 - a fence permit issued January 25, 1983, Exhibit U7 - a copy of
a building permit card shOWing the fence permits marked on the card, Exhibit
DB - a certified City site plan dated March, 1981, Exhibit #9 - a copy of
the new Land Development Code, Sec. 136.016 (F-5) and Exhibit #10 - a copy
of the Code which was in force in 1981, Sec. 131.205 (3).
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April 9, 198b
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Mr. Menendez stated the permits issued for the north and west fences
were issued in error.
The Assistant City Attorney stated there is evidence the east, west
and north fences are greater than 6 feet and thus in violation of the Code.
No permit for the east fence was ever obtained or the permit would have
been listed on the Building Dept. permit card. The City contends the posts
are a part of the fence and thus covered by the Code.
Donald McFarland, attorney representing Druid Oaks Association,
submitted Respondent's EKhibit d1 - a letter from Leo Menendez to Druid
Oaks Association, dated October 22, 1985, Exhibit #2 Pinellas County Tax
Assessor's Plat of the area and Composite Exhibit #3 1 through 6, 6
photographs of the property.
Mr. McFarland moved to dismiss the case based on the fact the new Code
went into effect in October, 1985, and all acts prior to that date were
grand fathered in. In addition, the 1981 Code identifies fences only and
does not include posts; therefore, Druid Oaks Association contends the posts
are not a part of the fence and are not covered by the Code. And thirdly,
the records prior to June, 1981, have been destr"oyed by the Building Dept.
and cannot be produced.
Mr. Henry Tomshak, Treasurer of Druid Oaks Association, stated he
bought his property in 1981 and, at that time, the east and south fences
and one half of the north fence were already erected.
CD
The Assistant City Attorney stated the ordinance could not have
grand fathered in an illegal structure, as only nonconfonning structures
can be grand fathered in. The fact that the inspector made an error in
issuing the permits, does not make an illegal structure legal.
Mr. Hostetler moved that regarding Case Ro. 194-85 re: violation
of Section 136.016 (F-5) of the Clearwater City Code on property having
a legal description as follows: 2250 Druid Road.
The Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 9th day of April, 1986,
and based on the evidence, the Municipal Code Enforcement Board enters the
fOllowing Finding3 or Faot, Conolusions ot Law, and Order.
The Findings ot Faot are: 1) It is impossible to prove whether a
pennit was issued for tlie fence in question as permits issued prior to June,
1981, have been destroyed. 2) It has been proven the fence is 6 ft. in
height.
The Conolusions of Law are: The fence is not in violation of the
Ordinance and the permit is a moot question.
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April 9, 1986
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It is the Order of this Board that Druid Oaks Association, Inc. is
hereby declared to be in compliance with Section 136.016 (F-5) of the Code
of the City of Clearwater, and that the pending violation proceeding before
the Board is dismissed. Motion was duly seconded. Discussion ensued
regarding whether or not the posts are considered part of the fence and
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subject to the six foot height limitation. Mr. Hostetler called for the
question. Upon the vote being taken: Mr. Morris and Mr. Hostetler voted
"aye", Mr. Midura, t-1r. Amburgy, Mr. Ehrig, Mr. Aude, Mr. Angelis noted
"nay". Motion tailed, question was not called.
Discussion ensued regarding possible ways
height. Mr. Amburgy called for the question.
unanimously.
to remedy the excessive
Motion carrled
post
Upon the vote being taken on the Order:
Hostetler, Mr. Ehrig, and Mr. Amburgy voted "aye".
voted "nay". Motion carried.
Mr. Morris, Mr. Angelis, Mr.
Mr. Aude and Mr. Midura
DORE AND ORDERED this 9th day of April, 1986.
The meeting recessed from 2:45 to 2:52 p.m.
CASE NO. 8-86
Tradewinds East Condominiums
(Fire Code)
Rehearing
Mr.
and
Tradewinds East Condos has withdrawn
Aude moved to withdraw the rehearing.
carried unanimously.
their request for rehearing.
Motion was duly seconded
CASE NO. 14-86 National Tilaterbeds of Tampa Inc.
(License Code)
Cl.SE 110. 32-86 Fred Backhaus
(License Code)
Cl.SE 110. 33-86 Basil Beck
(License Code)
Cl.SE 110. 34-86 R. Bodden
(License Code)
CI..SE 110. 35-86 William Zimmerman
(License Code)
The Assistant City Attorney requested these cases be withdrawn as the
violations have been corrected. Mr. Hostetler moved to withdraw Case
~os. 14-86, 32-86, 33-86, 34-86 and 35-86. Motion was duly seconded and
carried unanimously.
3.
April 9, 1986
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CASE HO. 31-86
Anthony Giovanniello
(License Code)
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stu Williams, Occupational ~icense Inspector, stated Mr.
Giovanniello's business was listed in the Pinellas County Business Review,
which lists every Pinellas County occupational license obtained. On
February 21, 1986, Mr. Williams sent a letter to Mr. Giovanniello informing
him that a City occupational license would be required. There was no
response. On March 24, 1986, Mr. Williams visited the business, located
at 1345 Missouri Ave. S., Suite 210, and the receptionist verified the
business did exist.
Mr. Giovanniello was not present at the hearing.
Mr. Amburgy moved that regarding Case No. 31-86 re: violation of
Section 11.02 of the Clearwater City Code on property having a legal
description of 1345 Missouri Ave. S., Suite 210.
The Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 9th day of April, 1986,
and based on the evidence, the Municipal Code Enforcement Board enters the
fOllowing Pindings or Fact. Conclusions of Law, and Order.
The Findings of Faot are: Based on the testimony and investigation
of Stuart Williams, Occupational License Inspector, Mr. Anthony Giovaniello
is engaging in'business at the above address.
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The Conoluslona or Law are: Mr. Giovanniello is in violation of
Section 71.02 of the Clearwater Code of Ordinances.
It is the Order of this Board that Mr. Anthony Giovanniello shall
comply with Section 71.02 of the Code of the City of Clearwater by
4/23/86. If Anthony Giovanniello 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 Anthony Giovanniello 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 Anthony Giovanniello pursuant to Chapter 82-37 Laws of Florida,
1982. Upon complying, Anthony Giovanniello shall notify StU8~t Williams,
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. Motion was dUly seconded
and carried unanimously.
DORB AID ORDERED this 9th day of April, 1986.
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April 9, 19136
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CASK 110. 183-85
Jeralne Burt
(Building Code)
Affidavit of Complianoe
Affidavit of Compliance
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Mr. Aude moved to accept both Affidavits of Compliance.
duly seconded and carried unanimously.
Notion was
Disoussion - Code Enf'orcellent Board Inspectors Heet1ng
The Assistant City Attorney stated
emergency cases to the Code Enforcement
willing to use their emergency powers.
on Case No. 148-85, a three judge panel
fault in not exercising their emergency
the City will no longer be bringing
Board unless the department is
He stated that, in the Bie Appeal
found the Building Department at
powers in securing the building.
OTBKB BOARD tCTIOR
Lien Status Report
Case Ho. 51-83 - Einstein Boykins - The Assistant City Attorney
stated a determination must be made whether the City has any use for this
property. The building on the property is not worth more than $3,000 and
it would cost $1,000 to demolish it. Community Development is looking into
whether they would have any use for the property.
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Case 10. 1~5 - Norman Bie - This case will be closed as the City
lost on the appeal.
Case Ho. 113-85 - Donna Leadbetter - A request has been received
to address the Board regarding the fine. Mr. Amburgy moved to grant the
request to address the Board at the meeting of May 14, 1986. Motion was
duly seconded and carried unanimously.
IIBV BUSIlIBSS
The Assistant City Attorney reviewed two proposed bills that will be
before the State Legislature regarding repeat violators and the plaCing
of liens on other real and personal property in the county if the property
in violation is owned by the violator. Also, the lien time period is
proposed to be extended from two to ten years.
Mr. Amburgy requested the scatus of occupational licenses for part-time
businesses. Mr~ Ehrig stated he received a response from the City Manager
stating the License Code is under review.
It was the consensus of the Board to request the definition of fence
and the way to measure them be addressed in the code. The Assistant City
Attorney stated the ordinance will be amended to include posts.
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April 9, 1986
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