04/08/1987
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0 12. CASE NO. 25-87 Hope Pool Room 12. Withdrawn
(Occupational License)
13, CASE NO. 26-87 Diversified Investors/ 13. Cant. to 5/13/87
Sunset Grove Condo
(Occupational License)
14. CASE NO. 27-87 Strickland Service Co. 14. Withdrawn
(Occupational License)
Complied Prior
15, CASE NO. 28-87 Al Jones Lentil Service 15. Withdrawn
(Occupational License)
Complied Prior
16. CASE NO. 29-87 Willie's Home Improvements 16. Withdrawn
(Occupational License)
17. CASE NO. 30-87 Inwood Associates 17. Withdrawn
(Occupational License)
Complied Prior
18. CASE NO. 31-87 J. Nielson/Bay Villa Apts. 18. Withdrawn
(Occupational License)
19. CASE NO. 33-87 Maddox Roof Service 19. Withdrawn
" (Occupational License)
Complied Prior
20. CASE NO. 34-87 Marilyn MUler 20. Comply by 5/5/87
( BId g. t Elec., Plumb. Codes)
21. CASE NO. 35-87 John N. Gardner 21. Cant. to 5/13/87
(Housing Code)
22. CASE NO. 36-87 Heffron Of Fla. Inc ./ 22. Comply by 5/12/87
London Arms Apts.(Life Safety)
23. CASE NO. 37-87 Mrs. J. Davenport/J & S 23. Withd rawn
Physician Group
(Occupational License)
24. CASE NO. 38-87 Sears town Laundromat 24. Comply by 5/5/87
(Occupational License)
25. CASE NO. 39-87 Total Photo 25. Withdrawn
(Occupational License)
Complied Prior
26. CASE NO. 40-87 Flower Exchange 26. Withdrawn
(Occupational License)
. Complied Prior
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1~ 27. CASE NO. 41-87 Captain Video 27. Withdrawn
""--" (Occupational License)
Complied Prior
28. CASE NO. 42-87 Beach Dry Cleaners 28. Withdrawn
(Occupational License)
29. CASE NO. 43-87 Clw. Beach Movie Center 29. Withdrawn
(Occupational License)
Complied Prior
30. CASE NO. 44-87 Cole Plaster & Stucco 30. Withdrawn
(Occupational License)
Complied Prior
31. CASE NO. 45-87 Chris Roberson Carpentry 31. Withdrawn
(Occupational License)
Complied Prior
32. CASE NO. 46-87 Century Soft Water Co. Inc. 32. Withdrawn
(Occupational License)
Complied Prior
33. CASE NO. 47-87 Pro Flooring Inc. 33. Comply by 4/22/87
(Occupational License)
0 34. CASE NO. 48-87 Gulf to Bay Subway 34. Withdrawn
(Occupational License)
35. CASE NO. 49-87 Cycle Emporium 35. Withdrawn
(Occupational License)
Complied Prior
36. CASE NO. 50-87 Ruth C. Bush Real Estate 36. Withdrawn
(Occupational License)
Complied Prior
37. CASE NO. 51-87 R. Klinger Construction 37. Withdrawn
(Occupational License)
Complied Prior
38. CASE NO. 52-87 Klinger Ceilings 38. Withdrawn
(Occupational License)
Complied Prior
39. CASE NO. 53-87 Ackerly Associates 39. Withdrawn
(Occupational License)
Complied Prior
40. CASE NO. 54-87 Natural Design Landscaping 40. Comply by 4/22/87
(Occupational License)
. 41. CASE NO. 55-87 J. J. Laundry Mat 41. Withdrawn
(Occupational License)
Complied Prior
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0 42. CASE NO. 56-87 Sun Tracs Recording Studio 42. Cont. to 5/13/87
(Occupational License)
43. CASE NO. 57-87 G. McDougall/Clw. Handyman 43. Withdrawn
(Occupational License)
Complied Prior
44. CASE NO. 58-87 A. W. Lucas, Jr. 44. Withdrawn
(Occupational License)
Complied Prior
45. CASE NO. 59-87 Professional Resume Writing 45. Withdrawn
(Occupational License)
46. CASE NO. 60-87 Sinclair Real Estate 46. Withdrawn
(Occupational License)
Complied Prior
47. CASE NO. 61-87 Sinclair Real Estate School 47. Withdrawn
(Occupational License)
Complied Prior
48. CASE NO. 62-87 W. Mitchell/Blue Jay Realty 48. Withdrawn
(Occupational License)
Complied Prior
. 49. CASE NO. 63-87 Wm. Shirley/Designer Golf 49. Comply by 5/5/87
(Occupational License)
50. CASE NO. 64-87 Realty & Mtg. Enterprise 50. Withdrawn
(Occupational License)
51. CASE NO. 65-87 Financial Surveys of Fla. 51. Withdrawn
(Occupational License)
52. CASE NO. 66-87 Roxbury Building Co. 52. Cant. to 5/13/87
(Occupational License)
53. CASE NO. 67-87 Tedd J. Moss 53. Withdrawn
(Occupational License)
54. CASE NO. 68-87 R. Flowers/Custom Seascapes 54. Withdrawn
(Occupational License
Complied Prior
55. CASE NO. 69-87 D. Seat/Every Seat in House 55. Cont. to 5/13/87
(Occupational License)
56. CASE NO. 70-87 B & D Management Inc. 56. Withdrawn
(Occupational License)
Complied Prior
.
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CD 57. CASK NO. 71-87 Calibre Ridge Ltd. 57. Withdrawn
(Land Development)
58. CASE NO. 72-87 Mr. Nelson 58. Cont. to 5/13/87
(Land Development)
B. Unfinished Business B.
1. CASE NO. 84-86 Vincent D. Kostreba
(Land Development Code)
Affidavit of Non-Compliance
(Part 1 [permit] and Part 2 [completion])
1. Accepted affidavit;
issued order imposing
fine.
2. CASE NO. 99-86
Julijan Bugar
(Land Development/Signs)
Affidavit of Compliance
2. Accepted affidavit
3. CASE NO.
2-87
Julijan Bugar
(Land Development/Signs)
Affidavit of Non-Compliance
Affidavit of Compliance
3. Accepted affidavits;
issued order assess-
ing fine for days of
non-compliance.
4. CASE NO. 10-87 Peter Martin/Vek Way
Affidavit of Non-Compliance
(No Service received on 3/11 Order)
4. Accepted affidavit;
issued order imposing
fine.
.
5. CASE NO. 17-87
Hank Freeman/Atrium Hotel
(Fire Codes)
Progress Report
5. Directed Fire Inspec-
tor to do daily
inspections, call
special meeting if
necessary to consider
evacuation of bldg.
C. Other Board Action
c.
Lien Status Report
Reviewed lien status
D. New Business
D.
1. Discussion: Ord. 4377-86, Lot Clearing
1. Discussed ordinance
2. Elected Mr. Amburgy
as Vice-Chairman
E. Minutes of March 11~ 1987 meeting.
E.
Approved
F. Adjournment
F.
5:22 p.m.
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11UtUCIPAL CODE ENFORCEME~T BOARD
o
April 8, 1987
Members present:
Robert Aude, Chairman
Tim Amburgy, Vice-Chairman
James W. Angelis
Frank Morris
Phillip Elliott
Bruce Cardinal
Absent:
Robert Hostetler (excused)
Also present:
Miles Lance, Assistant City Attorney
Shirley A. Corum, Secretary for the Board
o
Chairman at 1:09 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 reqUires any party appealing
a decision of this Board to have a verbatim record of the proceedings to support
such an appeal.
The meeting was called to order by the
Commission Meeting Room in City Hall.
PUBLIC IlBARIIIGS
CASE ROS. 11-B7
S. Freidman/Coachman Limo
12-87
D. Morrow/Rad. Tech. & Auto Repair
1B-87
Chem Free of Florida
19-87
Home Painting & Repairs
20-87
M. Banner/Sunbelt Funding
21-87
Holder and Hooker Inc.
23-87
Hillcrest Villas/Stepanek
211-87
Clearwater Cinema N Drafthouse
21-87
Strickland Service Co.
2B-87
Al Jones Lentil Service
e
29-87
Willie's Home Improvements
1.
4/08/87
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30-87
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31-87
33-87
37-87
39-87
110-87
111-87
112-87
113-87
114-87
115-87
116-87
118-87
119-87
.
50-87
51-87
52-87
53-87
55-87
57-87
58-87
59-87
60-87
61-87
62-87
611-87
.
65-87
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Inwood Associates
J. Nielson/Bay Villa Apts.
Maddox Roof Service
Mrs. J. Davenport/J&S Physician Group
Total Photo
Flower Exchange
Captain Video
Beach Dry Cleaners
Clearwater Beach Movie Center
Cole Plaster & Stucco
Chris Roberson Carpentry
Century Soft Water Co. Inc.
Gulf to Bay Subway
Cycle Emporium
Ruth C. Bush Real Estate
Robert Klinger Construction
Klinger Ceilings
Ackerly Associates
J. J. Laundry Mat
G. McDougall/Clearwater Handyman
A. W. Lucas, Jr.
Professional Resume and Writing
Sinclair Real Estate
Sinclair Roal Estate School
W. Mitchell/Blue Jay Realty
Realty and Mortgage Enterprise
Financial Surveys of Florida
4/08/87
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67-87
Tedd J. Moss
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68-87
R. Flowers/Custom Seascapes
70-87
B & D Management Inc.
71-81
Calibre Ridge Ltd. (Land Development)
All of the above listed cases are Occupational License Code violations
ex:cept as noted.
The Assistant City Attorney
20-87, 21-87, 23-87, 24-87,
39-87, 40-87, 41-87, 42-87,
51-87, 52-87, 53-87, 55-87,
64-87, 65-87, 67-87, 68-87, 70-87,
have been corrected.
19-87,
37 -87 ,
50-87,
requested that Case Nos. 11-87,
30-87, 31-87,
46-87, 48-87,
27-87,
43-87,
12-87, 18-87,
33-87 ,
49-87 ,
57-87, 58-87, 59-87, 60-87, 61-87, 62-87,
and 71-87 be withdrawn as the violations
28-87,
44-87,
29-87,
45-87,
Mr. Cardinal moved to withdraw the above referenced cases.
was duly seconded and carried unanimously.
Hotlon
CISE HO.
13-81
AHP Investment/Brigadoon of Clearwater
(Fire Code)
The Fire Inspector requested this case be continued to the May meeting.
Mr. Elliott moved to continue Case No. 13-87 to the meeting o~ May 13,
1987. Motlon was duly seconded and carrled unanimously.
.
CASE HO.
15-87
D. Tanner/Tanner and Associates
(Occupational License)
Stu Williams, Occupational License Inspector,
filled out an application for an occupational license
home occupation permit. Mr.
Williams has been unable
stated
but did not return
to contact him.
the alleged violator
with a
No representative of the violator was present at the hearing.
Mr. Angelis moved that
11.02 of the Clearwater City
heard testimony at the Municipal
day of April, 1987, and
Board enters the following
concerning Case No. 15-87 re: violation of Section
Code, the Municipal Code Enforcement Board has
Code Enforcement Board hearing held the 8th
based on the evidence, the Municipal Code Enforcement
Findings or Fact, Conclusions or Law, and Order.
The FindingS or Fact are: After hearing testimony of Stu Williams,
Occupational License Inspector, and viewing the evidence, it is evident that
there is a business operating without an occupational license.
The Conclusions or Law are: David Tanner is in violation of Section
71.02.
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It is the Order of this Board that David Tanner shall comply with Section
71.02 of the Code of the City of Clearwater by April 22, 1981. If David Tanner
does not comply within the time specified, the Board may order him to pay a
fine of $25.00 per day for each day the violation continues to exist. If
David Tanner 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, David Tanner shall notify Stu
Williams, 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. Motion was duly seconded and carried unanimously.
Done and Ordered this 8th day of April, 1987.
CASE NO.
22-87
Bankers Life and Casualty
(Occupational License)
.
Stu Williams, Occupational License Inspector, stated this ocoupational
license was renewed in January but, as it was renewed late, there is a $12.50
penalty owing. Mr. Williams sent a letter to the violator informing them of
the penalty but has had no response.
Mr. Amburgy moved that concerning Case No. 22-87 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 8th
day of April, 1987, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings ot Fact, Conclusions or Law, and Order.
The Findings o~ Fact are: After hearing testimony of Stu Williams,
Occupational License Inspector, and viewing the evidence, it is evident that
Bankers Life and Casualty is an operating business, paid license fee late and
there is a $12.50 penalty fee.
The COnclusions o~ Law are: Bankers Life and Casualty is in violation
of Section 71.02.
It is the Order of this Board that Bankers Life and Casualty shall comply
with Section 71.02 of the Code of the City of Clearwater by April 22, 1981.
If Bankers Life and Casualty does not comply within the time specified, the
Board may order them to pay a fine of $10.00 per day for each day the
violation continues to exist. If Bankers Life and Casualty 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, Bankers Life and Casualty shall notify Stu Williams, the City
Official who shall inspect the property and notify the Board of compliance.
.
4.
4/08/87
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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 3oard.
MOtion was duly seconded and carried unanimously.
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Done and Ordered this 3th day of April, 1987.
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ClSE RD.
25-81
Hope Pool Room
(Occupational License)
Stu Williams, Occupational License Inspector, stated this occupational
license was not renewed. The Police Department notified the alleged violator
of the violation.
The representative or Hope Pool Room, Johnnie Blunt stated he had no
reason to renew the oocupational license as the business is closed. There is
one small pool table remaining but no pool balls and no supervision.
Mr. Williams requested the case be withdrawn.
Mr. Elliott moved to withdr.av Case No. 25-87.
and carried unanimously.
Motion was duly seconded
CASE RO.
26-87
Diversified Investors/Sunset Grove Condominium
(Occupational License)
The Occupational License Inspector requested this case be continued to
the May meeting.
.
Mr. Cardinal moved to continue Case No. 26-87 to the meeting of May 13,
1987. Motion was duly seconded and carried unanimously.
CASE RO.
311-87
Marilyn Miller
(Building, Electric, Plumbing Codes)
Miles Lance, Assistant City Attorney, read a letter from James Gray,
Marilyn Miller's brother, into the record.
Paul Probst, Attorney, representing the owners or the property, stated
he has documents giVing evidence that Mrs. Miller is President of the Federal
Downtown Bake Shop Corp.
Dave Christiansen, Chief of Inspections, stated the Bake Shop was remodeled
without any permits being obtained, and the work was not done acoording to
Code. Mr Christiansen stated the Pinellas County Health Dept. requested the
City inspectors to accompany them on an inspection needed for the restrooms
being installed and the rOllowing violations were found: an eating area was
created out of the baking area, two restrooms were improperly installed, a water
heater was improperly installed, and electrical wiring was not done according
to Code. The violation ror which Mrs. Miller was cited was for not obtaining
permits to do the work. Mr. Christiansen stated that correspondence and
transactions over a year resulted in the Building Dept. bringing this to the
Code Enforcement Board.
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5.
4/08/87
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City submitted Exhibit #1 a-n: photographs of the property, and Exhibit
92: a copy of the lease.
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Electrical Inspector, Tony Diliberti stated the wiring is frayed, there
are disconnects and open wi~ing in the walls which are fire hazards.
Paul Probst, Attorney, representing the owners of the property not the
violator, stated the owne~s were not notified nor did they approve the changes
made to the premises. He further stated the owners will be terminating the
lease if the Bake Shop is not ,reopened, as they are now in violation of the
lease agreement.
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Dave Christiansen stated the Building Dept. will insist on the work being
done to Code prior to reopening of the business.
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The Assistant City Attorney stated the lease and the Secretary of State's
Office list Mrs. Miller as President of the Corp. and, therefore, the one
responsible for the violations.
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Mr. Christiansen stated thirty (30) days would be a reasonable time frame
in which to obtain the necessary bUilding permits.
.
Mr. Amburgy moved that concerning Case No. 34-87 re: violation of Sections
103, Standard Building Code; 103, Standard PlWllbing Code; and Rational Electric
Code. Section 139.09 of the Clearwater City Code on prope~ty having a legal
deso~iption of Block 5, Lot 4, Gould & Ewing, 1st Addition, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 8th day of April, 1987, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of Fact.,
Conclusions of Lall, and Order.
The Findings or Pact are: After hearing testimony of Dave Christiansen,
Chief of Permits; Tony Diliberti, ~lectrical Inspector; and Paul Probst.
Attorney and viewing the evidence, exhibits submitted: City exhibits #1 & 2,
it is evident that plumbing and electrical work has been done and no permits
were obtained. Evidence has shown that Marilyn Miller is President of Federal
Downtown Bake Shop, Inc.
The Conolusions or Law are: Marilyn Miller, President of Federal Downtown
Bake Shop, Ino. is in violation of Sections 103, Standard Building Code; 103,
Standard Plumbing Code; and National Electrical Code, Section 139.09, City of
Clearwater Code.
It is the Order of this Board that Marilyn Miller, President of Federal
Downtown Bake Shop, Inc. shall comply with Sections 103, Standard Building
Code; 103, Standard Plumbing Code; and National Electric Code, Section 139.09
of the Code of the City of Clearwater by May 5. 1987. If Marilyn Miller does
not comply within the time specified, the Board may order her to pay a fine
of $15.00 per day for each day the violation continues to exist. If Marilyn
Miller does not comply within the time specified, a certified copy of the Order
.
6.
4/08/87
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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, Marilyn Miller shall notify Dave Cbristlansen,
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. The motion was duly seconded and upon the vote being taken: Messrs.
Aude, Amburgy, Morris, Elliott and Cardinal voted "aye". Mr. AngeUs voted
"nay" . Motion carried.
Done and Ordered this 8th day of April, 1987.
After the pUblic hearings had been concluded, the violator, Marilyn Miller,
arrived at the meeting. She stated she took over the business a little over
a year ago. She stated she had showed the plans for the changes to the Bake
Shop to someone in the Building Dept. and was told she did not need permits.
Mrs. Miller has attempted to get electricians to give her estimates on the work
but has been unsuccessful. She stated she cannot afford to correct the
violations and is attempting to sell the business.
CASE No.
35-87
John N. Gardner
(Housing Code)
The Minimum Housing Inspector requested this case be continued to the
May meeting.
Mr. Cardinal moved to continue Case No. 35-87 to the meeting of May 13,
1987. Motion was duly seconded and carried unanimously.
CASE RD.
36-87
Heffron of Fla. Inc./London Arms Apts.
(Life Safety Code)
John Chester, Fire Inspector, stated this 18 unit apartment building was
inspected on February 3, 1987. National Fire Protection Agency (NFPA) Section
19-3.4.1 requires that a fire alarm system be installed in buildings with more
than eleven living units. Heffron of Florida Inc. is contending the property
is two separate buildings, each with less than eleven units.
The City submitted Exhibit #1: a memo from Dave Christiansen, Exhibit 82:
a letter from Nick Lewis, Fire Marshal and Exhibit #3 a-e: photographs of the
property.
Inspector Chester stated the property was inspected in January, 1984 by
a fire inspector who is no longer with the City. At that time, it was the
inspector's opinion that the property could be treated as two separate
buildings. Mr. Chester stated the Fire Inspection Division feels this
inspector's interpretation was wrong. Inspector Chester stated that 30 days
should be sufficient time for installation of a fire alarm system.
7.
4/08/87
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Mr. Amburgy moved that concerning Case No. 36-87 re: violation of Section
19-3.~.1. NFPA 101 Lite Safety Code of the Clearwater City Code on property
having a legal description of Belleair Highlands, Slack C, Lots 28 through 33,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 8th day of April, 1987, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings
of Fact, Conclusions or Lav. and Order.
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The Findings or Fact are: After hearing testimony of John Chester, Fire
Inspector, and viewing the evidence, exhibits submitted: City exhibits #1, 2
& 3, it is evident that the structure is one building, has more than eleven
(11) living units and, therefore, is required to have a fire alarm system.
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The Conclusions ot Law are: Heffron or Florida Inc. is in violation
of Section 19-3.4.1, NFPA 101 Life Safety Code.
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It is the Order of this Board that Heffron of Florida Inc. shall comply
with Section 19-3.4.1, NFPA 101 Life Safety Code of the Code of the City of
Clearwater by Hay 12. 1987. If Hefrron of Florida Inc. does not comply within
the time specified, the Board may order them to pay a fine or $50.00 per day
for each day the violation continues to exist. If Heffron of Florida Inc. does
not comply within the time specified, a certified copy of the Order impOSing
the fine may be recorded in the public records or 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, Heffron of Florida Inc. shall notify John Chester
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. Motion was duly seconded and carried unanimously.
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Done and Ordered this 8th day of April, 1987.
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After the public hearings had concluded, Bertram Green, representing
Dynamic Realty, the Managing Agent ror Herfron of Florida Inc./ London Arms
Apts., arrived and stated Heffron does not own the property. Ownership is a
limited partnership and Dynamic Realty is the Managing Agent. Mr. Green stated
two years ago they were told a fire alarm system was not required because the
property is two buildings with one roof, and it would be cheaper to separate
the roor than to install the fire alarm system. The property was built in 1972
and a fire alarm system will be expensive to install. Mr. Green requested an
extension to the compliance date be granted as it is undetermined at this time
who will be responsible ror the installation.
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It was the consensus of the Board that the case was closed, no new evidence
had been presented and they did not wish to consider extending the compliance
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CASE BO.
38-81
Searstown Laundromat
(Occupational License)
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Stu Williams, Occupational License Inspector, stated the Sears town
Laundromat failed to renew their occupational lioense. Mr. Williams had
contacted them the previous week and they requested they be allowed to pay the
occupational license fee in installments. The City has no provision for this
method of payment and denied the request.
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There was no representative of the violator present at the hearing.
Mr. Amburgy moved that conoerning Case No. 38-87 re: violation of Section
71.02 of the Clearwater City Code, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 8th
day of April, 1987, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings or Fact, Conclusions or Law, and Order.
The Findings or Fact are: After hearing testimony of Stu Williams,
Occupational License Inspector, and Viewing the evidence, it is evident that
Sears town Laundromat failed to renew their occupational license and is still
operating at the above address.
The COnclusions or Law are:
Section 71.02.
Sears town Laundromat is in violation of
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It is the Order of this Board that Searstown Laundromat shall comply
with Section 71.02 of the Code of the City of Clearwater by May 5, 1981. If
Searstown Laundromat does not comply within the time speCified, the Board may
order them to pay a fine of $10.00 per day for each day the violation
continues to exist. If Searstown Laundromat 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,
Searstown Laundromat shall notifY Stu Williams, 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. MOtion was duly seconded
and carried unanimously.
Done and Ordered this 8th day of April, 1987.
CASg RO.
"1-81
Pro Flooring Inc.
(Occupational License)
Barbara Sexsmith, Occupational License Inspector, stated the occupational
license for Pro Flooring Inc. has not been renewed. She believes the business
still exists as the phone is answered in the name or Pro Flooring.
There was no l'epresentative of the violator present at the hearing.
.
9.
4/08/87
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Mr. Angelis moved that concerning Case No. 47-87 re: violation of Section
71.02 of the Clearwater City Code, the Municipal Code Enforcement Board has
heard testimony at the ~unicipal Code 8nforcement Board hearing held the 8th
day of April, 1981, and based on the evidence, the Municipal Code 8nforcement
Board enters the following Findings ot Fact, Conclusions or Law, and Order.
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The Findings or Fact are: After hearing testimony of Barbara Sexsmith,
Occupational License Inspector, and viewing the evidence, it is evident that
Pro Flooring Inc. is still in business and has not renewed their occupational
license.
The Concluslons at Law are:
71.02.
Pro Flooring Inc. is in violation of Section
.
It is the Order of this Board that Pro Plooring Inc. shall comply with
Section 71.02 of the Code of the City of Clearwater by April 22,1987. If
Pro Flooring does not comply within the time specified, the Board may order
them to pay a fine of $10.00 per day for each day the violation continues
to exist. If Pro Flooring Inc. 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, Pro Flooring Inc.
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. Hotion was duly seconded and carried
unanimously.
Done and Ordered this 8th day of April, 1987.
CASB 10.
5~-87
Natural Design Landscaping
(Occupational License)
Barbara Sexsmith, Occupational License
failed to renew their occupational license.
the day prio~ to the hearing.
Inspector, stated this business
The business still existed as of
Mr. Cardinal moved that concerning Case No. 54-87 re: violation of Section
71.02 of The Clearwater City Code, the Munioipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 8th
day of April, 1981, and based on the evidence, the MuniCipal Code Enforcement
Board enters the following Pir1d1l1gs ot' Faot, Conclusions or Law, and Order.
The PindiDgs or Paot are: After hearing testimony of Barbara Sexsmith,
Occupational License Inspector, and viewing the evidence, it is evident that
Natural Design Landsoaping is engaging in business without a current
occupational license.
The Concluslons or Law are: Natural Design Landscaping is in violation
of Section 71.02.
.
10.
4/08/81
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It is the Order of this Board that Natural Design Landscaping shall
comply with Section 71.02 of the Code of the City of Clearwater by Apr1122,
1981. If Natural Design Landscaping does not comply within the time ~pecified,
the Board may order them to pay a fine of $10.00 per day for each day the
violation continues to exist. If Natural Design Landscaping 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, Natural Design Landscaping shall notify Barbara Sexsa1th, 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.
Motion was duly seconded and carrled unanimously.
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Done and Ordered this 8th day of April, 1987.
CASE RO.
56-81
Sun Tracs Recording Studio
(Occupational License)
The Occupational License Inspector requested this case be continued to
the May meeting.
Mr. Cardinal moved to continue Case No. 56-87 to the meeting of May 13,
1987. Motion was duly seconded and carried unanimously.
.
CASE RO.
63-81
William Shirley/Designer Golf Inc.
(Occupational License)
Barbara Sexsmith, Occupational License Inspector, stated this business
has failed to renew their occupational license. The answering service still
answers the phone in the name of the business.
There was no representative of the violator present at the hearing.
Mr. Amburgy moved that concerning Case No. 63-87 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 8th
day of April, 1987, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings or Fact, Conclusions or Law, and Order.
The Findings or Fact are: After hearing testimony of Barbara Sexsmith,
Occupational License Inspector, and Viewing the evidence, it is evident that
William Shirley/Designer Golf Inc. has not renewed their occupational license
and continues to do business.
The Concluslons or Law are: William Shirley/Designer Golf Inc. is in
violation of Section 71.02.
.
11.
4/08/87
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It is the Order of this Board that William Shirley/Designer Golf Inc.
shall comply with Section 71.02 of the Code of the City of Clearwater by May
5, 1987. If William Shirley/Designer Golf Inc. 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 William Shirley/Designer Golf Inc.
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, William Shirley/Designer Golf Inc. shall notify
Barbara Sexs~th, 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. Motion was duly seconded and carried
unanimously.
Done and Ordered this Bth day of April, 1987.
CASB RD.
66-87
Roxbury Building Co.
(Occupational License)
The Occupational License Inspector requested this case be continued to
the May meeting.
Mr. Blllott moved to continue Case No. 66-87 to the meeting of May 13,
1987. Motion was duly seconded and carried unanimously.
.
CASE BO.
69-87
Don Seat/Every Seat in the House
(Occupational License)
The Occupational License Inspector requested this case be continued to
the May meeting.
Mr. Angelis moved to continue Case No. 69-87 to the meeting of May 13,
1987. MOtion was duly seconded and carried unanimously.
CASE RO.
72-87
Mr. Nelson
(Land Development)
The Land Development Code Inspector requested this case be continued to
the May meeting.
Mr. Cardinal moved to continue Case No. 72-87 to the meeting of May 13,
1987. MOtion was duly seconded and carried unanimously.
.
12.
4/08/B7
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CASE RO.
811-86
Vincent D. Kostreba
(Land Development)
AtfidaYlt or lIon-tollPliance
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Mr. Elliott moved to accept the Affidavit of Non-compliance in Case 84-86
and issue the Order imposing the fine. Motion was duly seconded and carried
unanimously.
CASE 10.
99-86
Julijan Bugar
(Land Development)
At"tidavit of' ColIPliance
Mr. Cardinal moved to accept the Affidavit of Compliance in Case 99-86.
Hation was duly seconded and carried unanimously.
CASE 10.
2-81
JUl1jan Bugar
(Land Development)
Af'tidavlt ot Bon-co8IP1iance
Af'tidavlt of' CoIIP1.1ance
Mr. Cardinal moved to accept the Affidavit of Compliance and forgive the
fine. MOtion was duly seconded.
Discussion ensued regarding the forgiveness of the $650 fine.
Mr. Cardinal withdrew his first motion and moved to accept the Affidavit
of Non-compliance and issue the order imposing the fine through the date of
Compliance, and to accept the Affidavit of Compliance in Case No. 2-87.
MOtion was duly seconded and carried unanimously.
.
C.lSE RO.
10-81
Peter Martin/Vek ~ay
(Occupational License)
Mr. Angelis moved to accept the Affidavit of Non-compliance and issue the
order imposing the fine in Case No. 10-87. MOtlon was duly seconded and
carried unanimously.
CASE 10.
11-81
Hank Freeman/Atrium Hotel
(Fire Codes)
Progress Report
Hank Freeman stated they have attempted to meet the four week deadline.
They were under the impression some of the corrections could be done without
permits but found they could not. It took a while to get a contractor and the
required permits. At this time 52 windows and two steel doors have been
installed, and they feel everything is now lined up to be finished.
Harry Mattheus, Life Hazard Safety Inspector, stated none of the listed
violations have been corrected completely; the Fire Inspection Division will
recommend evacuation if the violations are not corrected within a short period
of time.
.
13.
4/08/87
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Hank Freeman stated they have an architect working on the drawings, but
they are not finished at the present time. A contractor has been hired.
c
Doug Cookley, of Greater Bay Construction Company, stated the work could
be completed in four weeks after the necessary permits are obtained from the
architect's drawings.
It was stated that previous contractors had withdrawn from the work and
that progress had been slow.
Discussion ensued regarding the hazardous condition that exists at the
Atrium Hotel; the Board expressed concerns regarding the safety of the residents
and the possible need for evacuation of the building.
Mr. Elliott moved that the City of Clearwater's Life Safety personnel make
day-to-day inspections of the property; and at any time they feel that progress
is not substantial, they are to call the Code Enforcement Board into special
meeting to determine whether or not the building should be evacuated. Motion
was duly seconded and carried unanimously.
Harry Mattheus stated he would notifY Mr. Freeman if the Life Safety
personnel are going to request evacuation.
0'rIIER BOARD ACTXOR
Lien Status Report
The Lien Status Report was reviewed by the Board.
.
BIN BUSIRKSS
1) Ordinance 4377-85, regarding Lot Clearing, was explained to the Board by
Mr. Galbraith, City Attorney.
Discussion ensued regarding the $150.00 administrative cost and whether
the peroeption that violators could get this cost reduced if they come before
the Board would generate a large number of cases before the Board. Mr.
Galbraith explained forms would be provided for the lot clearing orders.
The Chairman or the Board expressed the Board's desire to have legal
counsel present for Code Enforcement Board meetings. The City Attorney stated
he was in favor of this.
2) The Chairman for the Board recommended Mr. Hostetler be replaced as Vice-
Chairman as he will be absent for four meetings.
Mr. Elliott nominated Mr. Morris who declined because of health reasons.
Mr. Elliott withdrew the nomination.
Mr. Morris nominated Tim Amburgy to serve as Vice-Chairman of the Code
Enforcement Board. Nomination was duly seconded and Mr. Amburgy was elected
unanimously.
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14.
4/08/87
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