05/14/1986
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MUNICIPAL CODE ENFORCEMENT BOARD
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May 14, 1986
Members p~esent:
John Eh~ig, Chairman
James Angelis
Phillip Elliott
F~ank Mor~is
Absent:
Robe~t Hostetle~ (excused)
(excused)
(excused)
Tim Amburgy
Robe~t Aude
Also present:
Miles Lance, Assistant City Attorney
Cyndie Goudeau, Secreta~y fo~ the Board
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called to order by the Chairman at 1:03 p.m. in the
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 requi~es any party appealing
a decision of this Board to have a verbatim record of the p~oceedings to support
such an appeal.
The meeting was
Commission Meeting Room in City Hall.
PUBLIC IIRAliJIfGS
CASK HO. 31-86
Christmas Wonderland
(Sign Code) continued troD 2/12/86
A request to continue this case had been received in order that the
violator may apply fo~ a variance to the Development Code Adjustment Board.
The oonsensus of the Boa~d was to continue Case No. 31-86 to the meeting of
July 9, 1986.
CA.S8 10. 36-86
Garden Lake Condo Association
(Fire Code)
Karl Whittleton, Life Hazard Safety Inspector, stated this property was
originally inspected on November 20, 1985 and during the past two months, he
has had no contact with the violator. The property was inspected the morning
of the hearing and the violations, lack of fire extinguiShers and approved exit
lights, have not been corrected.
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The violator or representative was not present at the hearing.
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Mr. Angelis moved that regarding Case No. 36-86 re: violation of Section
101, 19-2.10.1, Lite Safety Code of the Clearwater City Code on property with
a legal description as follows: Lots 119 and 120, Sunset Ridge Unit No.2,
Garden Lake Condominiums, located at 2001-2007 Alpine Road, Clearwater, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held this 14th day of May, 1Y86, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings
ot' Fact, Cono1usions ot Law, and Order.
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The Findings of Fact are: based on the testimony of Life Hazard Safety
Inspector, Karl Whittleton, the cited violations still exist.
The Cono1usions ot Law are: Garden Lake Condo Association is in violation
of the State Fire Marshal's Rules and Regulations and the Life Safety Code.
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It is the Order of this Board that Garden Lake Condominim Association
shall comply with Section 101, 19-2.10.1 of the Life Safety Code of the Code
of the City of Clearwater and State Fire Marshal's Rules and Regulations
4-A-21.02 within 60 days. If Garden Lake Condominium Association does not
comply within the time speCified, they shall pay a fine of $25.00 per day
for each day the violation continues to exist. If Garden Lake Condominium
Association does not comply within the time specified, a certified oopy 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 Garden Lake Condominium Association, pursuant to
Chapter 82-37 Laws of Florida, 1982. Upon complying, Garden Lake Condominium
Association shall notify Karl Whittleton, 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 14th day of May, 1986.
C1SB RO. 38-86
George Rossner
(License Code)
Stu Williams, Occupational License Inspector, stated this business was
listed in the Pinellas Review as having obtained a Pinellas County occupational
license. A letter was mailed on February 24, 1986, informing them that a City
of Clearwater Occupational License would be required. There was no response
from the violator until April 2, 1986, when an application for an occupational
license was filed and the $50 fee paid.
Since this business is a home occupation, approval is required from Zoning
Enforcement; and to this date, approval has not been obtained. The License
Inspector did not know why zoning approval had not been issued.
Mr. Angelis moved to continue Case No. 38-8b to the meeting of June 18,
1986 for further investigation regarding the lack of approval from Zoning
Enforcement for this home oocupation. Motion was duly seconded and carried
unanimOUSly.
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CASE NO. 39-86
Mata Enterprises
(License Code)
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stu Williams, Occupational License Inspector, stated this property
management company is located in Largo, Fl.rida, but manages properties in the
City of Clearwater and is therefore required to be registered with the City
of Clearwater. A letter to the company informing them of their need to register
was mailed on February 17, 1y86.
Scott Brainard, Attorney for Mata Enterprises, stated Mata Enterprises
is a Plorida corporation with one office in Largo. They do not feel the Code
requires them to register their occupational license since their only business
within the City of Clearwater is the management of condos.
Jack Mata, President of Mata Enterprises Inc., stated his services to
condominiums within Clearwater involve handling financial matters and consulting
with boards of directors. Mr. Mata has a Largo Occupational License and a
Pinellas County Occupational License and believes the interpretation of the
Code is in error.
Discussion ensued regarding the requirement for businesses doing business
in Clearwater to register their occupational license. Consensus of the Board
was to recommend this section of the Code be examined.
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Mr. Angelis moved that regarding Case No. 39-86 re: violation of Section
11.01 of the Clearwater City Code on property with a legal description as
follows: 239 McMullen Booth Road, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforce~ent Board hearing held this 14th
day of May, 1986, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings of Faot, Conolusions of Law, and Order.
The Findings of Faot are: based on the testimony of Occupational License
Inspector, Stuart Williams, Mata Enterprises Inc. performs management services
within the City of Clearwater and has not registered their occupational
license.
The Conolusions of Law are: Mata Enterprises Inc. is in violation of
the City of Clearwater's Code of Ordinances.
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It is the Order of this Board that Mata Enterprises Inc. shall comply
with Section 71.01 of the Code of the City of Clearwater by May 21, 1986.
If Mata Enterprises Inc. does not comply within the time speCified, they shall
pay a fine of $5.00 per day for each day the violation continues to exist.
If Mata Enterprises Inc. 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 Mata Enterprises Inc., pursuant to Chapter
82-37 Laws of Florida, 1982. Upon complying, Mata Enterprises Inc. shall notify
Stuart 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. The motion was duly
seconded and carried unanimously.
Done and Ordered this 14th day of May, 1~86.
, May JHJ 1986
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CASK NO. 40-86
Jerry White
(License Code)
The Assistant City Attorney moved that this case be withdrawn as the
violations have been corrected. Mr. Morris moved to witbdrav Case No. 40-86.
Hotion was duly seconded and carried unanimously.
CASE RO. 41-86
Earl Levy
(Life Safety Code)
John Chester, Fire Inspector, stated the initial fire inspection took place
on January 21, 1986. Since that time, one of the violations, providing fire
eKtinguishers, has been corrected. There are three outstanding violations:
1) the smoke detectors have not been installed properly, 2) the attic scuttle
opening is required to have a rated separation and 3) the separation between
the garage and the living units is also required to be rated. Mr. Chester
visited the property the morning of the hearing and the violations still exist.
The City submitted City Composite EKhibit H1a through f - photographs of
the property and City Exhibit #2 - a photocopy of Mr. Levy's occupational
license stating there are five units.
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Mr. Earl Levy stated he has lived at the property for 35 years, and it
has never been a five unit apartment dwelling. It is an all concrete building
on the bottom with wood frame above. There are two family dwellings on top;
the bottom is used for storage. Mr. Levy submitted Defendant's Composite
Exhibit #1 a through h - photographS of the property.
Mr. Chester stated the area underneath the apartments used for storage
has been used for the storage of combustible materials and for parking cars.
The smoke detectors were hung on nails, I'ather than secured with an~hors and
screws as required by Code, and were not properly placed according to Code
requirements.
Discussion ensued whether Standard Building Code Section 403.1.7 applies
in this situation since it is not a five unit apartment building. Consensus
was that the appropriate code is NFPA Life Safety Code 19-3.2.1 regarding
existing apartments.
The Board questioned whether an amendment to the Notice and Affidavit of
Violation and Request for Hea~ing could be made at this point. The Assistant
City Attorney stated that to amend the Code cited would not be prejudicial
either to the City or to the v101ato~.
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Mr. Morris moved that regarding Case Ho. 41-86 re: violation of Sections
19-3.1.1. 19-3.2.1 and 19-3.4.4.1. Lite Safety Code of the Clearwater City
Code on property with a legal description as follows: Robert's J.B. SUb., Lots
3 and 4, located at 1253 Ft. Harrison Ave. South, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held
this 14th day of May, 1986, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings ot Faot, CODo1usioD3 or Law.
and Order.
4.
May 14, 1986
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The Findings of Faot are: based on the testimony of John Chester, Fire
Inspector, and Earl Levy, Violator, and having reviewed City Exhibits #1 & 02
and Violator Exhibit ~1, it is evident the property is a two-story, masonry
and wood frame, 2 unit apartment building with a storage area beneath the living
units in front and in back causing this to come under Life Safety Code Section
19-3.2.1 in lieu of a 5 unit dwelling as indicated on the affidavits of
violation. This is one of three buildings on the property and certain
violations still exist: 1) there is no rated separation between the living units
and the storage area, 2) there is no rated separation in the scuttle opening
between the living units and the attic, and 3) the smoke detectors are not
properly installed.
The Conclusions of Law are: Mr. Levy is in violation of the Life
Safety Code.
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It is the Order of this Board that Mr. Earl Levy shall comply with
Sections 19-3.1.1, 19-3.2.1 and 19-3.4.4.1, Life Safety Code of the Code of
the City of Clearwater within 30 days. If Mr. Earl Levy 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 Mr. Earl Levy 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 Mr. Earl
Levy, pursuant to Chapter 82-37 Laws of Florida, 1982. Upon complying, Mr. Earl
Levy shall notify John Chester, 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 14th day of May, 1986.
The Board recessed from 2:35 p.m. to 2:45 p.m. for a fire drill.
CISE HO. 42-86
Wm. Shirely/Designer Golf
(License Code)
John Rogers/J.RS. Painting
(License Code)
Christopher Lawrence
(License Code)
Raymond Bosti
(License Code)
Thomas Kimsey
(License Code)
CISE RO. 43-86
CISE RO. 44-86
CASK fro. 115-86
CISE RO. 116-86
The Assistant City Attorney requested these cases be withdrawn as the
violations have been corrected. Mr. Angelis moved to withdraw Case Nos.
42-86, 43-86, 44-86, 45-86 and 46-86. Hotion was duly seconded and carried
unanimously.
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May 14, 1986
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CASE HO. 41-86
St. Andrews Cove II Condos
(Life Safety Code)
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Harry Mattheus, Life Hazard Safety Inspector, stated the initial inspection
of this property was on September 23, 1985. The inspection revealed there are
2 buildings with more than 12 units and no manual fire alarm system as required
by Code. Mr. Mattheus visited the property the morning of the hearing and the
violation has not been corrected.
The City submitted City Composite Exhibit #1 a and b - photographs of the
property. One building in violation contains 16 units and the other 28 units.
The buildings are composed of cubicles of 4, with 2 units up and 2 units down.
The property was built in approximately 1976 and no plans are available at the
Building Department.
Scott Brainard, Attorney representing St. Andrews Cove II Condominium
Assoc., stated the property has been in litigation with the developer since
1979 regarding structural deficiencies. The units are owned individually; the
Association does not own the property.
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Donald Blackwood, President of the Association and an owner, stated the
units are constructed with a two hour separation which extends to the roof and
the building is an all cement structure. Each unit contains a fire extinguisher
with additional extinguishers in the hallways. Each unit also has a smoke
detector installed. Mr. Blackwood stated the cost of installing the manual
fire alarm system was estimated at $4,000 which would create a financial
hardship for the retired people who own the individual units.
Walter Richvine, Treasurer of the Association, emphasized the problem of
the pull stations being located on the outside of the building. They would
be accessible to young people to pull and set off the alarm at any time.
Discussion ensued regarding the requirement of installing pull stations
at the rear of the bUilding, and whether sliding glass doors constitute a means
of egress.
The Assistant City Attorney stated no testimony was given contesting the
requirement of the fire alarm system, only the placement of the pull stations.
A question was raised regarding the pending litigation, but it was
clarified the litigation did not involve fire codes.
Discussion ensued regarding whether or not there were four hour separations
in the buildings allowing groups of units to be classified as separate buildings
and removing them from the jurisdiction of the cited code.
The consensus of the Board was this hearing, as well as Case No. 48-86,
should be continued to the June meeting, to see if building plans can be found
to ascertain whether the units contain the required fire separation which would
eliminate the need for the manual fire alarm system. It was determined to hold
the June meeting on June 18 as several members would be unable to attend June
11th.
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Mr. Angelis moved to
meeting of June 18, 1986.
unanimously.
continue Case Nos. 47-86 and 48-86 to the
MOtion was duly seconded and carried
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CASE HO. 48-86
St. Andrews Cove I Condominiums
oontinued to June 18 (see page 0)
UIIFDIISBED BUSDIESS
CASE HO. 113-85
Donna Leadbetter
Donna Leadbetter stated she has been at the mercy of two attorneys for
over a year. On January 15, 1985, she purchased a house as trustee for someone
and discovered the pool was improperly placed and had to be removed. Her
attorney advised her not to remove the pool even after the Board ordered her
to do so. He felt the previous owner should be responsible for the cost of
removing the pool. The controversy was finally settled in the summer of 1985
with an agreement between the previous owner and Ms. Leadbetter to split the
cost of removing the pool. The pool was removed in August or September of 1985j
Ms. Leadbetter stated she has proof in the form of a cancelled check of the
exact date. She will provide that proof to the City Clerk's Office.
Mr. Angelis moved to reduce Ms. Leadbetter's fine to the amount that would
have accrued from April 16, 1985, to the date the pool was actually removed.
Notion was duly seconded and carried unanimously. Ms. Leadbetter was
informed that foreclosure could take place as early as June, 198bj however,
the Board will give her until July 31 to resolve the problem before foreclosure
proceedings will be initiated.
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CISE RO. 184-85
Jeralne Burt
Affidavits of Non-Compliance
Mr. Morris moved to accept the Affidavits of Non-Compliance.
was duly seconded and carried unanimously.
Notion
CASE RO. 1-86
Williamsburg Place Apts.
Affidavit of Compliance
Mr. Angelis moved to accept the Affidavit of Compliance.
duly seconded and carried unanimously.
Hot1.on was
CASE RO. 8-86
Tradewinds East Condos
Affidavit of Non-Compliance
Affidavit of Compliance
Discussion ensued regarding the request for extension of time for
Tradewinds East Condos due to the back order of materials on the installation
of the fire alarm system.
Mr. Elliott moved to accept the Affidvit of Compliance and to eliminate
the Affidavit of Non-Compliance and accrued fine. Notion was dUly seconded
and carried unanimously.
CASE HO. 15-86
Jamie Qualls/Sunnydale Cabinets Shop
Affidavit of Compliance
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Mr. Angelis moved to accept the Affidavit of Compliance.
duly seconded and carried unanimously.
Motion was
7.
May 14, 1986