03/11/1987
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of March 11, 1987, 1:00 p.m.
Agenda
1.
Public Bearings
(At the time a
for comp liance
time set the fee
non-compliance. )
case is heard and date set
the Board shall at the same
to be assessed in case of
a. CASK RO. 6-81 Ward's (3-W) Seafood
(Land Development/Signs)
continued fro. 2/11/87
complied prior
b. CASE RO. 10-81 Vek Way/Po Martin
(Occupational License)
c. CASE RO. 11-81 Coachman Limo/Freidman
(Occupational License)
d. CASE RO. 12-87 Rad.Tech.&: Auto Repair
. (Occupational License)
e. CASE RO. 1,.-87 Luck Apartments
(Occupational License)
colq)lied prior
f. CASE RO. 15-81 Tanner & Associates
(Occupational License)
g. CASE RO. 16-81 West Coast Pigeon Cont.
(Occupational License)
h. CASE RO. 11-81 Hank Freeman
(Fire Codes)
.
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Action
1.
a. Withdrawn.
b. Comply by 4/01/87.
c. Continued to 4/08/87.
d. Continued to 4/08/87.
e. Withdrawn.
t'. Continued to 4/08/87.
g. Continued to 4/08/87.
h. Correct items 4,5,12,14
and that part of 6 re the
north stairwell, listed in
the 2/11/87 letter to
Mr. Freeman from Inspector
Mattheus, within 4 weeks;
Correct that part of item
6 re the south stairwell
within 6 weeks;
Correct items 7,8,9,10,13
and provide the log for
item 01 within 90 days.
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2.
Unfinished Bus:Jness
2.
a.
CASK RD. 8'-86 Vincent D. Kostreba
(Land Development)
At'tidavit or ffon-COllPl:l.ance
a. Continued to 4/08/87.
b.
CASE RD. 99-86 JUlijan Bugar
(Land Development/Signs)
Att'idavit or ffon-COapliauC9
b. Accepted affidavit and
issued order imposing
fine.
3.
Other Board Action
3.
a. Lien Status Report
a. Reviewed.
11.
New Business
II.
The Chairman reported
he had received a letter
f'rom the City Manager re
occupational licenses for
businesses with multiple
locations.
Mr. Angelis expressed
concern re inspectors from
one dept. not being aware
of violations under
another dept. jurisdiction
Mr. Hostetler announced
he would not be at the
next 4 meetings, and that
he had left instructions
that, should this cause a
problem, the Board should
request he be replaced.
o
5.
!I1nutes ot February 11, 1987 lIeetlng
5. Approved as submitted.
6.
AdjOW"DllleDt
6. 2:45 p.m.
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HUNICIPAL CODE ENFORCEMENT SOARD
o
March 11, 1987
~embers present:
Robert Aude, Chairman
Robert Hostetler
Tim Amburgy
James W. Angelis
Frank Morris
Phillip Elliott
Bruce Cardinal
Also present:
Miles Lance, Assistant City Attorney
Cyndie Goudeau, Secretary f'or the Board
The meeting was called to order by the Chairman at 1:04 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and advised
any aggrieved party may appeal a f'inal administrative order of the Municipal
Code Enforcement Board to the Circuit Court or 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.
.
In order to provi.de continuity t'or research, the itelllS vi11 be listed in agenda
order although not necessarily discussed in that order.
PUBLIC IlEARXHGS
CASE HO. 6-81
Ward's (3-W) Seafood cont. t'rom 2/11/81
(Land Development Code/Signs)
Mr. Hostetler moved to withdraw Case 6-87 as the violation has been
corrected. Motion was duly seconded and carried unanimously.
CASE 110. 10-87
Vek Way/Peter Martin
(Occupational License)
Barbara Sexsmith, Occupational License Inspector, stated arter having seen
the business listed in the Pinellas Review newspaper, she ,did notify Mr. Martin
that an Clearwater occupational license was required. No license has been
obtained as of this time. She did visit the office and the secretary there
stated Mr. Martin does receive mail and has an off'ice at that location. The
type of business is unknown. She stated, however, it would probably be some
type of manufacturer's representative.
.
Mr. Amburgy moved that concerning Case No. 10-87 re: violation of section
11.02 of the Clearwater City Code, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 11th
day of March, 1987, and based on the evidence, the Municipal Code Enforcement
Board enters the fOllowing Findings or Faot, Conoluslons ot Law, and Order.
1.
3/11/87
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The Findings or Fact are: After hearing testimony of Barbara Sexsmith,
Occupational ~icense Inspector, that she did visit the premises and spoke to
a secretary, it is apparent that a business is being conducted on the premises
called Vek Way.
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The Conclusions ot' Lav are:
71.02.
Peter Martin is in violation of Section
It is the Order of this Board that Peter Martin shall comply with Section
71,02 of the Code of the City of Clearwater by April 1, 1981. If Peter Martin
does not comply within the time specified, the Board may order him to pay a
fine of $10.00 per day for each day the violation continues to exist. If
Peter Martin 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, Florida Statutes. Upon complying, Peter Martin shall notify Barbara
Sexsmith, the City Official who shall inspect the property and notify the Board
of' compliance. Should the violation recur, the Board has the authority to
impose the fine at that time without a subsequent hearing. Should a dispute
arise concerning compliance, either party may request a further hearing before
the Board. MotloD was dUly seconded and carried unanimously.
Done and Ordered this 11th day of March, 1987.
.
CASE RO. 11-87
Coachman Limo/Stewart Freidman
(Occupational License)
The Occupational License Inspector requested this case be continued as
there is an attempt being made to comply,
~r. Cardinal moved to continue Case 11-87 to the meeting of April 8, 1987.
MOtion was duly seconded and carrled unanimously.
CASE 10. 12-81
Rad. Tech. and Auto Repair
(Occupational License)
The Occupational License Inspector requested this case be continued.
Mr. Hostetler moved to continue Case 12-87 to the meeting of April 8,
1987. Motion was duly seconded and carried unanimously.
CASE 10. 111-31
Luck Apartments
(Occupational License)
Mr. Amburgy moved to withdraw Case 14-87 as the violation has been
corrected. Notion was dUly seconded and carried unanimously.
CASE 110. 15-87
Tanner & Associates
(Occupational License)
.
It was requested this case be continued.
Mr. Amburgy moved to continue this case to the meeting of April 8, 1987.
MOtion was duly seconded a~d carried unanimously.
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CASE RO. 16-81
West Coast Pigeon Contractors
(Occupational License)
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The Occupational License Inspector requested this case be continued.
M~. Elliott moved to continue Case 16-87 to the meeting of April 8, 1987.
Hoti.on was duly seconded and carried unanimously.
CASE BO. 17-81
Hank Freeman "
(Fire Code)
Fire Inspector Harry Mattheus indicated he and Inspector John Chester made
a routine inspection of the property and there were 16 violations that were
noted in a February 11, 1987 letter to Mr, Freeman. He stated Item 01,
regarding the installation of single station smoke detectors had been complied
with, with the exception of providing the Fire Dept. with the necessary log
regarding the detectors; Item #2 regarding furniture and other items obstructing
stairwells has been corrected; and the repair of the vent stock to gas water
heater detailed in Item 03 has been complied with. Mr. Mattheus stated Item
04, regarding all corridors having a fire rating of not less than 30 minutes
with 20 minute fire rated doors with self-closers, has not been complied with
and is a very serious violation. City Composite Exhibits 01 a & b, photographs
of the corridors, were submitted into evidence. Mr. Mattheus stated any fire
in anyone of the units would spread rapidly due to the condition of the
corridor and the jalousy doors which are installed. He stated there are 33
units and a usual occupany of 60-66 people. Item 05 also has a rJsk condition
and has not been complied with. It regards all hazardous areas such as
electrical rooms, boiler rooms, etc. being separated from other parts of the
building by a fire rating of less than one hour and having a self-closing door
with a fire rating of not less than 3/4 of an hour. City's Composite Exhibit
02, photographs of examples of the hazardous areas, not separated from the
building, was submitted into evidence. Item #6, regarding the need for at least
two separate and remote exit stairwells to be separated from other parts of
the building and provided with self-closing doors, has not been complied with
and is also a serious violation. There are no enclosed stairwells in the
building that would provide protection to the residents in case of a fire.
City's Exhibit 03, pictures of the stairwells was submitted into evidence.
Item 07, reqUiring the repair of holes in the ceilings and walls of all the
apartment units has not been complied with and is a serious violation as it
would aid in the spreading of fire. Exhibit #4, photographs indicating examples
of this violation was submitted into evidence. Item U8 - all exposed wiring
shall be properly covered - has not been complied with. City Composite Exhibit
Oq, a photograph shOWing an example of this violation. Item 09 - reqUiring all
wiring to be run in an approved manner - has not been complied with. Item 010
- all exit signs shall be installed and maintained is still in violation.
Composite Exhibit U5, a photograph showing an example of this violation, was
submitted into evidence. Item 011 - all emergency lights must be installed
and maintained - has been complied with. Item #12 - handrails shall be
installed on both sides of stairs - has not been complied with and is a serious
violation. Item 013, raise or install guard rails on 3rd floor atrium, has
not been complied with. City's Exhibit 06, a photpg~aph of the atrium area,
was submitted into evidence. Item #1Q, repair panic hardware on all exit doors,
is still in violation. City's Exhibit #6 has a picture example of this
violation, Items #15, remove all obstacles from in front of electrical panels
and electrical room doors and Item #16, replacing fire extinguishers throughout,
have been complied with.
3/11/87
701.
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Inspector Mattheus indicated the Fire Dept. is very concerned about this
building as all the violations cited, if' not corrected, would aid in the spread
of fire, should there be one. He indicated Mr. Freeman has not hindered the
Fire Dept. but needs a time frame for compliance. He indicated the bUilding
has been inspected in the past and the violations noted; however, each time
the Fire Dept. was preparing to come to the Board with the case, the building
was vacated and, therefore, no longer in violation.
In response to a question, it was indicated the atrium does not require
a smoke removal system. It was also indicated there are approximately 12 units
per floor.
Inspector Mattheus also indicated in the item of enclosing the stairwells,
the bUilding is of such an age and structure that it cannot be brought into
complete compliance and, therefore, the Fire Dept. is giving Mr. Freeman some
latitude in correcting this problem.
Discussion ensued regarding whether or not the building should be evacuated
until the violations are corrected.
It was indicated the enclosure of the stairwells is important as, if a
fire should spread through the building, the enclosed stairwells would provide
somewhat of a safe haven.
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Hank Freeman, owner of the building, stated it was built in 1927 and at
that time was known as the Sunburst Hotel. He bought the building in December,
1986. He indicated many of the problems are from neglect and abuse. He stated
the items he has not corrected at this time require a contractor, and he
submitted Defendant's Exhibit #1, a letter from SDS Architects Inc. indicating
they are preparing documents which will allow the owner to solicit bids. He
indicated they are planning to bid out the work in such a way that they can
do most of the work themselves. He requested he have time to take care of the
problems.
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Discussion ensued regarding the Fire Dept's. concern and the need to
address the items in priority according to those of the Fire Inspector. In
response to a question, it was indicated the structure is being operated as
a hotel and that it was not occupied at the time it was purchased, but was
occupied when the Fire Inspectors made their inspection.
Inspector Mattheus indicated his priorities are in the f'ollowing order:
I te m #' s 4, 5, 6, 7, 12, & 14.
Mr. Freeman indicated the bUilding is structurally solid.
Discussion ensued regarding how to address the problems and in what form
issue an order. Inspector Mattheus indicated that to address the enclosure
of the stairwells, the north stairwell only needs 4 doors in order to be
considered enclosed, the south stairwell will require extensive construction.
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Mr. Amburgy moved that concerning Case No. 17-87 re: violation of sections
19-3.6.2. 19-3.6.1. 19-3.2.1. 19-2.4.1. 19-3.1.1, 19-2.1D.1, 5~.8.5.1, 5-
2.2.6.5, 5-2.1.7.1 NFPA 101; HFPA 70, 10-110-11 of the Clearwater City Code
on property having a legal description of that part of Lots 8 and 9, line east
of Ft. Harrison Ave. extended, Lesley's Subdivision, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 11th day of March, 1987, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings or Fact,
Conclusions of Law. and Order.
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The Findings of Fact are: After hearing testimony of Harry Mattheus,
Life Hazard Safety Inspector, and viewing the evidence, City exhibits submitted
01-7, and hearing testimony of Hank Freeman and viewing Defendant exhibit Ul,
it is apparent that quite a f'ew items are in violation of' the Code sections
cited and that Messrs. Freeman and Mattheus agree the violations exist.
The ConclusloDs or Law are: Hank Freeman is in violation of Sections
19-3.6.2,19-3.6.1,19-3,2.1, 19-2.1l.1, 19-3.1.1, 19-2.10.1,5-2.8.5.1,
5-2.2.6.5, 5-2.1.7.1 NFPA 101; NFPA 70-110-17.
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It is the Order of this Board that Hank Freeman shall have four (4)
weeks in which to comply with item D's 4,5,12,14 and that part of' item 06
concerning the north stairwell, as listed in the 2/11/87 letter to Mr. Freeman
from Inspector Mattheus. If Hank Freeman does not comply within the time
specified, the Board may order him to pay a f'ine of $200.00 per day for each
day the violations continue' to exist. Mr. Freeman shall have six (6) weeks
in which to comply with that part of item #6 regarding the south stairwell.
If he does not comply within the time specified, the Board may order him to
pay a fine of $20D.00 per day for each day the violation continues to exist.
Mr. Freeman shall have until 6/10187 to comply with items 07,8,9,10,13 and
provide the log required for item 91. If he does not comply within the time
speciried, the Board may order him to pay a rine of $20D.OO per day for each
the violations continue to exist. Fines to run concurrently for each incident
of non-compliance. If Hank Freeman 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, Florida Statutes. Upon complying, Hank Freeman shall
notif'y Barry Mattbeus, the City Off'icial who shall inspect the property and
notif'y the Board of compliance. Should the violation recur, the Board has the
authority to impose the fine at that time without a subsequent hearing. Should
a dispute arise concerning compliance, either party may request a further
hearing before the Board. MOtion was duly seconded and carri.ed
unanimously.
Done and Ordered this 11th day of March, 1987.
It was requested that the Fire Inspectors and Mr. Freeman attend the next
Code gnforcement Board meeting to report on the progress being made in
addressing the violations.
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UHFIRISHBD BUSIRBSS
CASE RO. 8"-86
Vincent D. Kostreba
(Land Development)
Aft'idavit of Hon-Compliance
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One Affidavit or. Non-Compliance has been issued for a two part order and
the Board was uncertain as to what part of the order the affidavit addressed.
Mr. Amburgy moved to continue the acceptance of the affidavit to the
meeting of April 8, 1987. MOtion was duly seconded and carried
unanimously.
CASE RD. 99-86
Julijan Bugar
(Land Development/Signs)
Aft'idavit or Ron-COmpliance
Mr. Amburgy moved to accept the affidavit of non-compliance and issue the
order imposing the fine. MOtion was duly seconded and carried unanimously.
OTHER BOARD ACTION
Lien Status Report
The Lien Status Report was reviewed and the Board directed the Secretary
to send a letter to Jamie Qualls, re Case No. 15-86, that the lien is now
eligible for f'oreclosurej and, should he wish to negate the need for this,
payment of the $310 fine would be necessary.
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BEV BUSnmss
The Chairman provided a letter to the Secretary from the City Manager
regarding occupational licenses at multiple locations.
Mr. Angelis expressed concerns that inspectors f'rom varying departments
do not report violations to the departments under whose jurisdiction those
violations f'all.
Mr. Hostetler stated he would not be at the next four meetings, and that
he has directed the Secretary that, should there be problems regarding the
absences, to ask that he be removed from the Board and a replacement be
appointed.
fUftu1'KS
The Chairman presented the minutes of the meeting of February 11, 1987
for consideration. Mr. Elliott moved to approve the minutes as submitted.
Motion was duly seconded and carrled unanimously.
The meeting adjourned at 2:45 p.m.
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Attest:
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3/11/87