12/10/1986
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MUNICIPAL CODE ENFORCEME~ BOARD
Meeting of December 10, 1986, 1:00 p.m.
Aotion
1.
(At the time a case is heard and date set
for compliance the Board shall at the ~ame
time set the fee to be assessed in case of
non-compliance.)
a. Case No. 54-86
b. Case No. 87-86
c. Case No. 88-86
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d. Case No. 89-86
e. Case No. 90-86
f. Case No. 93-86
g. Case No. 94-86
h. Case No. 95-86
i. Case No. 96-86
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Peter Panagakis
(Land Development/Sign)
cont. rro. 9/10/86
a. Comply by 1/26/87.
Parnell Sitton, Jr.
(Building Code)
b. Withdrawn.
Johnie Blunt
(Building Code)
cont. tl'Olll 11/12186
c. Withdrawn.
Wilson Gorsage
(Land Development Code)
cont. rro. 11/12186
CoIlp11ed
d. Withdrawn.
Dimmitt Cadillac
(Land Development Code)
CoIlplied
e. Withdrawn.
Visionary Displays
(Occupational License)
CoIlpl.ied
f. Withdrawn.
Island Yacht Club Condo
(Utilities Code)
CoIlpl.ied
g. Withdrawn.
Arcy Enterprises TV
(Occupational License)
eo.pl.ied
h. Withdrawn.
American Fitness Center
(Life Safety Code)
i. Continued to 1/14/87.
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2.
Unt1niahed Business
2.
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a. Case No. 66-86
Flagship Coach Pinellas
(Occupational License)
&t'1"idyait ot' CoBpliaDce
Request to Address
the Board
a. Accepted Affidavit;
Granted request to address
the Board.
b. Case No. 70-86
Greenacre Properties!
Sunfish Bay Condominiums
(Life Safety Code)
Atfidavit at' CoBpl1ance
b. Aocepted Affidavit.
c. Case No. 77-86 D. & V. Chilcote
(Land Development Code)
At't'idavit ot'Ron-COllpliaDce
c. Aocepted Affidavit; issued
Order imposing fine.
d. Case No. 83-86 Einstein Boykins
(Life Safety Code)
.lff1davlt ot' Ron-COlllpliaDce
d. Accepted Affidavit; issued
Order imposing fine.
e. Case No. 58-83 Charles Robinson
Clearwater Neighborhood
Housing Services -
Request valveI' ot' fines
e. Forgave fine.
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3.
Other Board Act:lOll
3.
a. Lien Status Report
a. Reviewed.
II.
lew Business
4.
a. Discussion: Additional Case Loads
a. Discussed additional case
load.
5.
Himltes or lIoY8aber 12. 1986 aeetiog
5. Approved.
6.
Adjo1ll'DHllt
6. 2 :29 p.m.
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MUNICIPAL CODE E~FORCEMENT BOARD
December 10, 1986
Members present:
Robert Hostetler, Vice Chairman
James Angelis
Tim Amburgy
Phillip Elliott
Bruce Cardinal
Absent:
Robert Aude, Chairman (excused)
Frank Morris (excused)
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 Vice Chairman at 1:00 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 M~icipal
Code gnforcement Board to the Circuit Court of Pinellas County. Any such appeal
must be filed within thirty (3D) 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.
PUBl.IC BIWIDIGS
CASK 110. 511-86
Peter Panagakis (Land Development Code)
Geri Doherty, Development Code Inspector, stated she visited this property
the first time on May 9, 1986. She stated there are two pole signs that are
permitted signs and three signs that are in violation of Code requirements.
City submitted Composite Exhibit 111 A&B - photographs of the signs on the
property, and Exhibit /J2 - the Hearing Officer's Order in the appeal from the
Development Code Adjustment Board's decision on Mr. Panagakis' variance
request. Miss Doherty stated this variance request was heard by the Development
Code Adjustment Board on August 6, 1986 and the variance was denied. This
decision was affirmed by the Hearing Officer by the Order issued November 5,
1986.
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Peter Panagakis stated they now have plans to move the signs to the north
side of the property to face S.R. 590. He requested enough time be given to
allow him to move the signs to comply with Code requirements.
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Mr. Amburgy moved that concerning Case No. 54-86 re: violation of Sections
13'.010(2)(a)5, 13~.013(a) and 13~.011(a) of the Clearwater City Code on
property having a legal description as rollows: M&B 22.04, Sec. 8 29 16; a/k/a
1675 U.s. 19 N., Clearwater, Florida; the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 10th
day of December, 1986, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings or Faot, ConClusions or Law, and Order.
The Findings or Faot are: after hearing testimony of Geri Doherty,
Development Code Inspector and Peter Panagakis, and Viewing the evidence,
exhibits submitted: City exhibits #1 & 2, it is evident that there are three
(3) signs that do not meet Code requirements; specifically being larger than
allowed and having no permits.
The CODOlusiODS or ~ are: Peter Panagakis is in violation of Sections
134.010(2)(a)5, 134.013(a) and 134.017(a),
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It is the Order of this Board that Peter Panagakis shall comply with
Sections 134.010(2)(a)5, 134.013(a) and 134.017(a) or the Code or the City of
Clearwater by January 26. 1987. If Peter Panagakis does not comply within
the time speciried, the Board may order him to pay a fine of $50.00 per day
for each day the violation continues to exist. If Peter Panagak1s does not
comply within the time speCified, a certified copy of the Order imposing the
fine may be recorded in the public records of Pinellas County, Florida, and
once recorded shall constitute a lien against the land on which the violation
exists if the violator owns the land, and a lien against any other real or
personal property owned by the violator pursuant to Chapter 162, ~lorida
Statutes. Upon complying, Peter Panagakis shall notify Geri Doherty, the
City Official who shall inspect the property and notify the Board or
compliance. Should the violation recur, the Board has the authority to impose
the fine at that tilDe without a subsequent hearing. Should a dispute arise
concerning compliance, either party may request a further hearing before the
Board. MOtlom was dUly seconded and carried unanimously.
Done and Ordered this 10th day of December, 1986.
CISE RO. 81- 86
Parnell Sitton, Jr. (BUilding Code)
The Assistant City Attorney stated Mr. Sitton has now signed a waiver in
this case allowing the City to demolish the unsafe building. He therefore
requested the case be withdrawn.
Mr. Elliott moved to withdraw Case No. 87-86. Motian was duly seconded
and oaJT1ed unanimously.
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CASE HO. 88-86
Johnie Blunt (Building Code)
The Assistant City Attorney stated ~r. Blunt is in the process of getting
a loan from Community Development to rehabilitate the property. He therefore
requested the case be withdrawn.
Mr. Elliott ~oved to withdraw Case No. 88-8b.
and carried unanimously.
Motion was duly seconded
CI.SR RO. 89-86
Wilson Gorsage (Land Development Code)
C1S8 RO. 90-86
Dimmitt Cadillac (Land Development Code)
C1.SK RO. 93-86
Visionary Displays (Occupational License Code)
C1.SK RO. 91&"86
Island Yacht Club Condo (Utilities COde)
CI.SR RO. 95..86
Arcy Enterprises TV (Occupational License Code)
The Assistant City'Attorney requested these cases be withdrawn as the
violations have been corrected.
Mr. Amburgy moved to withdraw Case Nos. 89-86, 90-86, 93--86, 9~86 and
95-86. Motion was duly seconded and carried unanimously.
CI.SE RO. 96..86
American Fitness Center (Life Safety Code)
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James Goodloe, Fire Inspector, requested this case be continued to the
meeting of January 14, 1987.
Mr. Cardinal moved to continue Case No. 96-86 to the meeting of January
14, 1987. Motion was duly seconded and carried unanimously.
UlFDlISBKD BUSIIIESS
CASE RO. 111-86
st. Andrews Cove II (Life Safety Code)
Scott Brainard, Attorney representing St. Andrews Cove II, reviewed briefly
the problems the condominium Assoc. has had with the contractor who was to
install the fire alarm system. They are now in the process of getting a new
contractor and they requested a time extension be given in which to comply with
the Board's order.
Discussion ensued regarding this request. It was the consensus of the
Code Enforcement Board to wait until compliance is reached and, at that time,
discuss the request to forgive the accrued fine.
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C1SI HO. 66-86
Flagship Coach Pinellas (Occupational License Code)
Attidavit of COIlpliance
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Mr. Elliott moved to accept the Affidavit of Compliance and to grant the
request of the violator to address the Board regarding the fine at the meeting
of January 14, 1987. Motion was duly seconded and carried unanimously,
CASE lfO. 10-86
Sunfish Bay Condominiums/ (Life Safety Code)
At'ridavit or COIlp1iance
Mr. Amburgy stated he had abstained from voting at the original hearing
on this case and that he would abstain from voting regarding the Affidavit of
Compliance.
Mr. Angelis moved to accept the Affidavit of Compliance in Case No. 70~6.
Motion was duly seconded. Upon the vote being taken: Messrs. Angelis,
Elliott, Cardinal and Hostetler voted "aye". Mr. Amburgy abstained.
CASK RO. 17-86
David & Virginia Chilcote (Land Development Code)
1t'tldavit or Hon CoIIplianCG
Discussion ensued regarding Mr. Chilcote's request for a time e~tension
in order that the Code requirements might be changed by ordinance.
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Mr. Elliott moved to accept the Affidavit of Non Compliance in Case No~
77-86, issue the order imposing the fine and to wait until compliance is reached
at which time the Board will discuss the accrued fine. Motion was duly
seconded and oarTled unanimously.
CASK RO. 83-86
Einstein Boykins (Life Safety Code)
Atfida'Yit or Ron Calplianoe
Mr. Elliott moved to
83-86 and issue the order
carried unanimously.
accept the Affidavit of Non Compliance in Case No.
imposing the fine. Motion was duly seconded and
CASE RO. 5&-83
Charles Robinson
The property in question was to be sold at a tax sale; however, there were
no bidders. The holder of the tax certificate donated the property to
Clearwater Neighborhood Housing Services. A request has been received from
NHS to waive the accrued fines.
Mr. Amburgy moved to forgive the fine of $44,450. Motion was duly
seconded and carried unanimously.
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OTIIBR BOARD ACTJ:<II
Lien Status Report
Case No. 2....86
Jonathan Silverman
Elliott moved to direct the City Attorney to proceed with foreclosure
Motioo was duly seconded and carried unanimously.
Mr.
in Case No.
24-86.
Case 10. ....86
Helen Russell
Tom Chaplinsky stated the repairs on
oompleted; however, there is still
up.
the house have basically been
debris in the yard that needs to be cleaned
mw BUSJ:IIESS
The Secretary to the Board reviewed the proposed false alarm ordinance
with the Board stating at the present time, consensus is for the Code
Enforcement Board to handle the false alarm code violations. In addition, since
the City's Lot Clearing Board has been dissolved, the lot clearing and abandoned
car cases will also be coming to the Code Enforcement Board.
Discussion ensued regarding the possible necessity of meeting twice a month
rather than once a month.
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The Vice Chairman presented the minutes of the meeting of November 12,
1986 for consideration. Mr. elliott moved to approve the minutes as submitted.
The ~iOD was duly seconded and carried unanimously.
The meeting adjourned at 2:29 p.m.
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-Chairman
Attest:
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C Y Clerk
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