05/06/1987 - Special
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MUNICIPAL CODE ENFORCEMENT BOARD
SPECIAL MEETING
May 6, 1987
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Members present:
Tim Amburgy, Vice-Chairman
Robert Hostetler
James Angelis
Frank Morris
Phillip Elliott
Bruce Cardinal
Absent:
Robert Aude, Chairman (excused)
Also present:
Robert G. Walker, Jr., Assistant City Attorney
Alan Zimmet, Assistant City Attorney
Shirley Corum, Secretary for the Board
.
The meeting was
the C01DDlission Meeting
advised any aggrieved party may appeal a final
Municipal Code Enforcement Board to the Circuit
such appeal must be filed within thirty (30)
order to be appealed. He noted that Florida Statute
party appealing a decision of this Board to have a
proceedings to support such an appeal.
called
Room
to
in
order by the
City Hall.
Vice-Chairman
He
in
and
the
Any
the
any
the
CASE NO. 17-87
Rank Freeman/Atrium Hotel
This Emergency Meeting
Safety/Fire Inspector.
was
called
by
Harry
Mattheus,
Life Hazard
Harry Mattheus, Life Hazard
work being done at the Atrium Hotel
that ha2ardous conditions exist;
railing are far enough apart to
been done contrary to Code and
stated there are obstructions in the
doors have been hung improperly and do
The contractor in charge has stated that
contractor's employees leave for the day.
Safety
ceased last
for ins tance,
allow a child
to the
.
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Dave Christiansen and Andy Dnufer of the City's Building Dept. inspected
the building with the Fire Inspector the day before the hearing and found open
construction jacks, a scuttle hole in the third floor ceiling, electrical
panels not separated by one hour fire separation and approximately 60 people
still living in the building.
Mr. Mattheus stated that, since the last Code Enforcement Board hearing,
he has been in contact with Mr. Freeman of the Atrium Hotel every day. Two
deadlines in the previous order have passed and none of the violations have
been cnrrected. It is the opinion of the Fire Department that there is an
imminent threat to the occupants of the building and the building should be
evacuated immediately.
Discussion ensued regarding whether the Board has the authority to order
evacuation of the building. The opinion of the Legal Department is that I
according to Chapter 138 of the City Code, the Board does have the authority
to order evacuation of the building.
.
Dave Christiansen, Chief of Inspections of the Building Dept., stated
the Building Department has not received revised drawings for the Atrium Hotel
renovations. He inspected the property earlier in the week and some of the
work being done is not covered by the building permits that have been
obtained. Mr. Christiansen stated much of the work is being done at night
without permits and not according to Code. The windows were not installed by
the contractor and were installed improperly with no fire rating~ State law
requires renovations for commercial buildings be done by licensed contractors.
The Building Dept. has now obtained an engineer's report concerning the Atrium
Hotel and this was distributed at the meeting. Mr. Christiansen stated that
at this time shoring is required for the third floor atrium and the third
floor should be evacuated immediately. His opinion is that the entire
building should be vacated.
City submitted Exhibit #1 - a letter from the engineer, Exhibit #2 - a
copy of the Building Dept. building permit card and Exhibit #3 - a copy of the
renovation plans submitted for the Atrium Hotel.
Hank Freeman, the alleged violator, stated the work was progressing
until a stop work order was issued by Dave Christiansen of the Building
Department. He stated the steel doors have been installed. He has had
difficulty obtaining materials, for instance, the electrical panels were an
off-size and were not readily available. Mr. Freeman stated the windows were
not done without permits and were approved by Building Inspector Bob Zacker.
Mr. Freeman stated he is doing the best he can with limited resources and the
time table for completion of the renovations has been impossible to meet. Mr.
Freeman empasized there is nothing structurally wrong with the building; after
the atrium area has been shored up, it will be stronger than originally. He
requested the Board give him another 1-1/2 weeks to complete the renovations
as he feels they are 95% complete at this time.
.
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The Assistant City Attorney stated that on October 26t 1986 a Notice of
Unsafe Building was issued for the Atrium Hotel by the City of Clearwater
Building Dept. t and to the best of his knowledge, this order. has not been
rescinded.
Doug Kuchlet of Greater Bay Constructiont stated work has been done at
the Atrium Hotel without his supervision. If the atrium has to be rebuilt, it
could take up to two months but he will not know until he begins to tear it
apart. Mr. Kuchle stated the work is taking longer than anticipated because
of the working conditions and people in the building. Mr. .{uchle stated he
felt uncomfortable without an engineer's report and he obtained the engineer's
report at 5 o'clock the previous day.
Steve Swanberg t architect for the Atrium Hotel t stated he feels the
stairwells and corridors are 80-85% complete; the atrium area will need to be
shored immediately and the fascia will have to be removed so it can be
properly inspected. Some columns are rotted and need to be replaced but all
columns will be tested. He stated that t in his Dpinion, the units on the
third floor abutting the atrium should be vacated; and, if the atrium needs to
be rebuiltt the second floor atrium area also should be vacated. He stated he
is not an expert concerning the structural integrity of the buildingt but he
feels it is sound. .
.
John Giegle, a previous owner of the building, stated the condemnation
letter referred to by the Assistant City Attorney is no longer in effect. He
stated he questioned Dave Christiansen of the Building Dept. whether tenants
could move into the building and was told that the building was livable.
Dave Christiansen stated the building could be made safe in 1-1/2 weeks
if enough employees of the contractor are put to work on it. With the present
manpower, it would probably take at least 4 weeks to complete. The stop work
order referred to by Mr. Freeman was a verbal stop work order due to the fact
they were deviating from the architect's plans and needed to obtain amended
plans.
The Assistant City Attorney stated the City's interest in this case is
preserving the 60 lives of the residents of the Atrium Hotel. The City feels
the building should be evacuated immediately to minimize the risk.
Mr. Freeman stated the occupants of the hotel wish to remain.
he had obtained a petition signed by 42 residents requesting they
to stay in the hotel while the renovations are being done.
He stated
be allowed
.
Mr. Elliott 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, 19-2.10.1,
5-2.8.5.1, 5-2.2.6.5, 5-2.1.7.1, NFPA 101; 70-110-17, NFPA 70 of the 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 6th day of May, 1987, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of 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; Dave Christiansen, Chief of Building Inspection;
Hank Freeman, owner; Doug Kuchly, contractor; Steve Swanberg, architect; and
John Giegle, mortgage holder, and viewing the evidence, exhibits submitted:
City Exhibits Ill, 2 and 3, it is evident that the occupants of the Atrium
Hotel are in imminent danger due to the hazardous conditions that exist.
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The Conclusions
Sections 19-3.6.2,
5-2.8.5.1, 5-2.2.6.5,
Hank Freeman/Atrium Hotel is in violation of
19-3.2.1, 19-2.4.1, 19-3.1.1, 19-2.10.1,
NFPA 101; 70-110-17, NFPA 70.
of Law are:
19-3.6.1,
5-2.1.7.1,
.
Pursuant to Section 138.02, of the Clearwater City Code, it is the Order
of this Board that Hank Freeman/Atrium Hotel shall comply with Sections
19-3.6.2, 19-3.6.1, 19-3.2.1, 19-2.4.1, 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; 70-110-17, NFPA 70 of the City of Clearwater
by evacuatin the building by 5:00 P.M., Friday, May 8, 1987. If Hank
Freeman Atrium Hotel does not comply within the time specified, the Board may
order him to pay a fine of $250.00 per day for each day the violation
continues to exist. If Hank Freeman/Atrium Hotel does not comply within the
time specified, a certified copy of the Order imposing the fine may be
recorded in the public records of Pine lIas 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/Atrium Hotel shall notify Harry Mattbeus, Life Hazard
Safety Inspector, 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. Upon the vote
being taken: Messrs. Elliott, Morris, Amburgy and Hostetler voted "aye".
Messrs. Cardinal and Angelis voted "nay". Motion carried.
Done and Ordered this 6th day of May, 1987.
There being no further business before the Board, the meeting adjourned
at 1:29 p.m.
~ a~k~
Vice-Chairman ~
Attest:
..&r~ City
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