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05/13/1987 " o 1,"\J....~~~~e~.......rt MUNICIPAL CODE ENFORCEMENT BOARD Meeting of May 13, 1987, 1:00 p.m. Agenda 1. PubUc Bearings (At the time a case is heard and date set for compliance, the Board shall at the same time set the fee to be assessed in case of non-compliance.) a. CASE NO. 13-87 ARF Investment/Brigadoon of Clearwater (Fire Code) cont. from 4/8/87 COllplied Prior b. CASE NO. 26-87 Diversified Investors/Sunset Grove Condos (Occupational License) cont. from 4/8/87 Couplied Pri.or c. CASE NO. 35-87 John N. Gardner (Housing Code) cont. fro. 4/8/81 . d. CASE NO. 56-87 Sun Tracs Recording Studio (Occupational License) cont. froa 4/8/81 e. CASK NO. 66-87 Roxbury Building Co. (Occupational License) cont. fro. 4/8/81 Complied Prior f. CASE NO. 69-87 Every Seat in the House (Occupational License) cont. from 4/8/87 Co.plied Prior g. CASE NO. 72-81 Mr. William Nelson (Land Development Code) cont. fro. 4/8/87 h. CASE NO. 73-87 Plitt Quad Theatre (Life Safety Code) i. CASE NO. 74-81 Ms. Ethel Hancock (Building Code) . CEBA 1 . I." .,t. ',t .J . ------- 1. a. Withdrawn b. Withdrawn c. Comply by 7/6/87 d. Comply by 5/20/87 e. Withdrawn f. lJithdrawn g. Dismissed h. Cont. to 6/10/87 i. Cont. to 6/10/87 5/13/87 : ' " ,:~',:~.'~': ':' . ' ' .',' '." .:,':~.~~~r~~~~~~-.m~~"" ~'I:'Y~""'lIfl'lIIIlI'QlII~~~t\,~~#.~'M''';1~~~I''.9t~m'''~~.~-----,----.- o j. CASE NO. 75-87 k. CASE NO. 76-87 1. CASE NO. 77-87 m. CASE NO. 78-87 n. CASE NO. 79-87 o. CASE NO. 80-87 p. CASE NO. 81-87 q. CASE NO. 82-87 . Wm. Trickel/Trickels Jewelers (Building Code) Complied Prior j. Withdrawn Stein & Roberts Water Bed Co. (Occupational License) Complied Prior k. Withdrawn David Wayne Riley (Occupational License) Complied Prior 1. Withdrawn Teddy Penninger (Occupational License) m. Comply by 5/30/87 David Gangelhoff (Building Code) n. Cont. to 6/10/87 Martens Property Corp. (Occupational License) Complied Prior o. Withdrawn Ken Lobaugh (Land Development Code) p. Cant. to 6/10/87 Office Products (Land Development Code) q. Cant. to 6/10/87 a. CASE NO.162-85 2. Unfinisbed Business a. Accepted Affidavit b. 4-86 CASE NO. c. CASE NO. 58-86 d. CASE NO. 77-86 e. CASE NO. 15-87 f. CASE NO. 22-87 '0 CEBA Jim Sommers (Bldg./Land Develop.) Affidavit of Compliance Russell (Building Code) of Compliance (Pt. of Compliance (Pt. Accepted Affidavit b. Helen L. Affidavit Affidavit II) III) Bernard Harvey (Bldg. Code) Affidavit of Compliance c. Accepted Affidavit D. Chilcote (Land Develop./Bldg.) Affidavit of Compliance d. Accepted Affidavit Tanner and Associates (Occupational License) Affidav~t of Compliance e. Accepted Affidavit Bankers Life and Casualty (Occupational License) Affidav~t of Compliance f. Accepted Affidavit 2. 5/13/87 ...... .........." L... _ ..................... ...FlIt~. (0 g. CASE NO. 38-87 Searstown Laudromat g. Accepted Affidavit (Occupational License) Affidavit of Compliance h. CASE NO. 47-87 Pro FLooring Inc. h. Accepted Affidavit (Occupational License) Affidavit of Compliance, i. CASE NO. 54-87 Natural Design Landscaping i. Accepted Affidavit (Occupational Li~ense) Affidavit of Compliance j. CASE NO. 17.&..87 Hank Freeman/Atrium Hotel j. Accepted Affidavits (Fire Code) issued order impos- Affidavit of Non-~.pliance "(Pt. I) ing fines; Amended Affidavit of Non-Compliance (Pt. II) order of 5/06/87. Letter - Request for Rehearing k. CASE NO. 34-87 Marilyn Miller k. Accepted Affidavit, (Bldg., Plumbing, Elec. Code/Permits) issued order Letter from James R. Gray/ Federal imposing fine. Downtown Bake Shop Inc. Affidavit of Non-Compliance . . 1. CASE NO. 63-87 Wm. Shirley/Designer Golf Inc. (Occupational License) Affidavit of Non-COmpliance m. CASE NO. 99-86 Julijan Bugar (Land Development) Request to Address the ~oard n. CASK NO. 2-87 Julijan Bugar (Land Development) Request to Address the Board 1. Accepted Affidavit, issued order imposing fine. .. Forgave Fine n. Forgave Fine 3. Other Board Action 3. a. Lien Status Report a. Reviewed 4. New Business 4. Discussion re: method of future notification of condemned buildings s. Minutes of April 8, 1987 .eeting. 5. Approved 6. Adjournment 6. 3:45 p.m. CEBA 3. 5/13/87 r- , .' r ,I" I , . '. '.~~~~~(~.l:r>. "'~''';tA:.''.' . ..... . ~...." ". . '.- ' , ., /t.: .~\.il'.'3I..~~.lQ::-~lo':'~\o'\~~~~"n:.>t~J.m~~O~TJJ:oo~li.~......~~i.t.ti:~~:'n.';'l~:i.1.r';!dt~...",t1...,.:.~~~:W.1):!!:,,",..:r...~'~/t.t~..\~:(t~~.,*,~lII"I.W..~.--_____~____.:JIIUt.o.~!::r~:lJ.:.~tQ?,~ o Mr. Amburgy moved that concerning Case No. 35-87 re: violation of Section 143.01, Standard Housing Code. specifically 302.1, 302.3. 302.5. 305.2. 305.7. 305.13, 305.16 and 307.5 of the City Code on property having a legal description of Lot 4, Harts First. a/k/a 401 N. Garden the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th 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. The Findings of Fact are: After hearing testimony of Tom Chaplinsky, Building Inspector, and John Gardner and viewing the evidence, exhibits submitted, City Exhibits #1a-e and Exhibit #2, it is evident that the building at 401 N. Garden Ave. is in violation of City Code. The Conclusions of Law are: John Gardner is in violation of Section 143.01, Standard Housing Code, specifically 302.1, 302.3, 302.5, 305.2, 305.7, 305.13, 305.16 and 307.5 of the Code of the City of Clearwater. o It is the Order of this Board that John Gardner shall comply with Sections 302.1,302.3,302.5,305.2,305.7,305.13,305.16 and 307.5 of the City of Clearwater by July 6, 1987. If John Gardner does not comply within the time specified, the Board-may-oider him to pay a fine of $50.00 per day for each day the violation continues to exist. If John Gardner 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, John Gardner shall notify Tom Chaplinsky, the City Of Ucial who shall inspect the property and notify ffie Boa'rd' '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 part.y may request a further hearing before the Board. Motion was duly seconded and carried unanimously. Done and Ordered this 13th day of May, 1987. It was requested by the Board that Mr. Gardner give a status report at the next meeting. CASE NO. 56-87 Sun Tracs Recording Studio (Occupational License) cont. from 4/8/87 Barbara Sexsmith, Occupational License Inspector, stated she has spoken with an employee of the Sun Tracs Recording Studio by telephone. She went to the property on April 15, 1987 and there is a person working at the counter. There is also a sign ident.ifying the business as Sun Tracs Recording Studio. The occupational license expired on October 1, 1986 and has not been renewed for 1987. e No representative of the violator was present at the hearing. MCEB 3 5/13/87 .... '.' ~ ~ p-." , ' , . . ' . . . , . .' ." . "".< ,'. .'r . ~ .',', .' .... . " .' ',,' . ',' .;,~ :. l . I.... ., <.~i:t.~.1u. . . . ':>;".'l:.~', "~'i't~:tM,.,i"""" . . .:..;:<:..:~...;;:: "':';r~',,;,::"'';:'':' i.":~ ~11t.',;It~Q'i.st:'~~ ,. .... ___~________~ow.':)\J...l:Z'.l."i;ft~~......&.~'< "-"_~""""""I _.......laJ~&:lifl!'t;S't.:. , ' , . o Mr. Hostetler moved that concerning Case No. 56-87 re: violation of Section 71.02 of the Clearwater Ci ty Code, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th 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. The Findings of Fact are: Occupational License Inspector, Sun Tracs Recording Studio is license. After hearing testimony of Barbara Sexsmith, and viewing the evidence, it is evident that operating a business without an occupational The Conclusions of Law are: Sun Tracs Recording Studio is in violation of Section 71.02 of the Clearwater City Code. . It is the Order of this Board that Sun Tracs Recording Studio shall comply with Section 71.02 of the City Code by May 20, 1987. If Sun Tracs Recording Studio does not comply within the timespecTf1ed~ the Board may order them to pay a fine of $25.00 per day for each day the violation continues to exist. If Sun Tracs Recording Studio 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, Sun Tracs Recording Studio shall notify Barbara Sexsmith, the City Official who shall inspect the property and notifythe BoarerOf' -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 13th day of May, 1987. CASE NO. 72-87 Mr. William Nelson (Land Development) cont. from 4/8/87 Geri Doherty, Development Code Inspector, stated this property is zoned Neighborhood Commercial (CN) and outdoor storage is not a permitted use in the zoning district. The outdoor storage first came to her attention in November of 1986, and since that time she has inspected the property six or seven times. She stated she has spoken with the property owner, Marshal Harris, who informed her Mr. Nelson leases the property from him. She contacted Mr. Nelson shortly after the notice of violation was issued on February 28, 1987. As of the morning of the hearing the violations have not been corrected. City submitted EKhibit flla-g, seven photographs May 7, 1987; EKhibit 112, a copy of the Zoning Atlas aerial photograph of the property showing no storage on of the property taken page; Exhibit 113, an the property in 1984. o MCEB 4 5/13/87 r- ~ :.\ , ' ~ ,,,>,,.~~ ' ':' ':1M1\!!I,;;...tiFJ~~"',:""f~~~~~..'>t.l . , i~\lo.Iov'-':-::CN.~(":i:.. ,.l._.<<_.....~~~__ __,____....~.po.t'lw::I-.;.t....,.,,~'t/[..~'1.;.'f~\'Yr.r'MU~~R"J_0,~~~___..,. -.".....-=-'1!~.lt~ ' i, o Discussion ensued regarding whether the outdoor storage of mullet boats and other equipment had been a continuous use on the property prior to the adoption of the Land Development Code in October, 1985. It was pointed out the prior zoning was CG (General Commercial) which would not have permit ted the storage except as a special exception. ~ j I " Nugent Walsh, Attorney, representing William Nelson, stated the zoning map shows three sides of the property in the unincorporated area of Pinellas County. In addition, storage would not be evident on the aerial picture. Mr. Walsh stated this has been a continuous commercial use of the property in question. Two years ago it was down-zoned to CN (Neighborhood Commercial) from CG (General Commercial); and prior to 1981 it was in the unincorporated areas of Pinellas County. Since the use has been continuous, Mr. Walsh maintained the storage use of the property was grandfathered in when the Land Development Code was adopted. Marshal Harris stated he has been the owner of the property since 1981. It was annexed into the Ci ty as General Commercial property. He submitted Defendant's Exhibit #la-c, photographs of the property. . Mr. Angelis moved that concerning Case No. 72-87 re: violation of Section 135.004(b) of the City Code on property having a legal description of Lots 10, 11 and 12, Blk. A, Harbor Vista, Sec. 3-29-15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th 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. The Findings of Fact are: After hearing testimony of Geri Doherty, Development Code Inspector and the exhibits submitted, City Exhibits #1,2 & 3 and Violator's Exhibit #1, it is evident that there is a condition of outdoor storage in a CN zone and it is not a permitted use. The Conclusions of Law are: Mr. 135.004(b). Nelson is in violation of Section It is the Order of this Board that William Nelson comply with Section 135.004(b) of the Code of the City of Clearwater by 45 days. If Mr. Nelson 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 Mr. Nelson 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 property 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, Mr. Nelson shall notify Geri Doherty, 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. . MCEB 5 5/13/87 ~' -". "', .[2,...' ,. . . .' . , , . ',' ". " , ., , ,I > ,. P.' I ..' ," '.:.~ : . .~ -. .' ! '~~.,;L't>J,lr~....... .-:......\t~A~~'6.:...""I;~:>:"."'.tJ:...4i!1d"...n\fto'..u.~loI4"r.-...t~~I<lIU~ o Discussion whether this is Development Code ensued regarding a situation of the was adopted. the use continued use of the property and being grandfathered in when the Land The unclear. withdrew Board discussed the fact At this point Mr. Angelis the second. that the withdrew history of his motion the and property is the seconder Discussion ensued regarding the possibility of continuing the case to the next meeting for further information. Mr. Amburgy moved that concerning Case No. 72-87 re: violation of Section IJ5.004(b) of the City Code on property having a legal description of Lots la, 11 and 12, Blk. A, Harbor Vista, Sec. 3-29-15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th 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. . The Findings of Fact are: After hearing testimony of Geri Doherty, Development Code Inspector; Nugent Walsh, William Nelson and Marshal Harris, and viewing the evidence, exhibits submitted, City Exhibits Ula-h, Exhibits #2 & 3, and Defendant's Exhibit #1, it is evident that there is outside storage taking place on the property. It was also brought out that the use has been continuous for three years and there are questions regarding possible grandfathering in of the use. The Conclusions of Law are: There is insufficient information to conclude that William Nelson is in violation of Section 13S.004(b). It is the Order of this Board that William Nelson is hereby declared to be in compliance with Section 13S.004(b) of the Code of the City of Clearwater, and that the pending violation proceeding before the Board is dismissed. Motion was duly seconded and carried unanimously. Done and Ordered this 13th day of May, 1987. The meeting recessed from 2:34 to 2:40 p.m. CASE NO. 73-87 Plitt Quad Theatre (Life Safety) Steve Seibert, Attorney representing HRE Properties, the managing agent for Countryside Village Square where the Plitt Quad Theatre is located, requested this case be continued to the meeting of June la, 1987. He stated the communication has been strictly between the City and the tenant, Plitt Quad Theat reo The property managing agent is now aware of the fire code violations and negotiations are taking place regarding who is responsible for correcting the violations. . MCEB 6 5/13/87 ", - 'J' ,. .' -', o Karl Whitt1eton, Life Hazard Safety Inspector, objection to continuing this item to the next meeting. stated he had no Mr. Elliott moved to continue Case No. 73-87 to the meeting of June 10, 1987. Notion was duly seconded and carried unanimously. CASE NO. 74-87 Ms. Ethel Hancock (Building Code) The Building Inspector requested this case be continued to the meeting of June 10th. Mr. Angelis moved to continue Case No. 74-87 to the meeting of June 10, 1987. Motion was duly seconded and carried unanimously. CASE NO. 78-87 Teddy Penninger (Occupational License) Barbara Sexsmith, Occupational License Inspector, stated she had visited 805 Hart St. on May 1, 1987. She stated this is most likely a home occupation painting contractor business. City submitted Exhibit #1, an advertisement of the Painting Contracting business. Ms. Sexsmith stated she sent a letter to Mr. Penninger informing him of his need of a City occupational license; he called and said he would be in. She has had no further contact with him. . There was no representative of the violator present at the hearing. Mr. Cardinal moved that concerning Case No. 78-87 re: violation of Section 71.02 of the City Code, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th 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. The Findings of Fact are: After hearing testimony of Barbara Sexsmith, Occupational License Inspector, and viewing the evidence, exhibits submitted, City Exhibit #1, it is evident that there is a business operating at 805 Hart St. without an occupational license of the City of Clearwater. The Conclusions of Law are: Section 71.02 of the City Code. Mr. Teddy Penninger is in violation of It is the Order of this Board that Mr. Teddy Penninger shall comply with Section 71.02 of the Code of the City of Clearwater by May 30, 1987. If Mr. Penninger does not comply within the time specified, the-noard may order him to pay a fine of $10.00 per day for each day the violation continues to exist. MCEB 7 5/13/87 . .r- "'~' , r--, ,." " . '. . , , . a~~"~!. . ,l~ . " .' ' , ',,' . : '.' ;,~' _ ',: ' .: <' . .' ~~~",:. 1l"i':\/}1',,\, ,r . ;.~ , ' ,,0"'''' ;;l.ot"'~"''''' .' ,.....! 1~-,\.. l! J"'''~~'''~~~~~Ud'.!tli1!lU~'lNIa''''''lOI)Il'\~kW'''~~~bf.i''~\'\~It~,~~.~;tN!l~'...u~'''I~N:t!~~~~=ti,i:ot1f!-r.-til'~~""'II~~. tr.' o CASK NO. 17-87 Hank Freeman/Atrium Hotel (Fire Code) Affidavit of Non-Compliance (Pt. I) Affidavit of Non-Compliance (Pt. II) Request for Rehearing ., , Mr. Amburgy moved to accept the two Af fidavi ts of iMBue the Orde r imposing the fines in Case No. 17-87. seconded and carried unanimously. Non-Compliance and Motion 'Was duly ;1 " Stuve Rushing, Attorney for Hank Freeman/Atrium Hotel, stated Mr. Freeman fi led for an injun~tion on Friday, May 8th. The Judge granted a temporary injunction against evacuation to Tuesday the 12th at 8 a.m. At that t 1me the Judge denied the request to extend the injunction until the day of th~ Code Enforcement Board meeting. Mr. Rushing stated since all the tenants of the At rlum Hotel have been evacuated, the request for a rehearing is no longer necessary. Mr. Rushing reviewed the situation stating Mr. Freeman is in the process of repai ring the hotel and making it safe. What they are BHkiog for is the $250 per day fine on the order issued May 6th and the $200 pI! r day fines that are accruing on Part I & II of the order issued March 11, 1987 be frozen as of the day of the hearing. j , Harry Mattheus stated he has no problem with stopping however, he has been unable to issue an affidavit of compliance on order as the fire codes listed have not been complied ';.lith even building has been evacuated. the fines; the May 6th though the . Dave Christiansen, of the Building Dept., stated an engineer 'Will now be overseeing the project and ensuring the building is not occupied. He stated once the awning is down and the atrium is fixed, the Building Dept. will issue a certificate of occupancy for the first floor. It will be emphasized, however, that the atrium area will not be occupied until reconstruction has taken place. Discussion ensued regarding the Board's policy of not waiving fines until compliance is reached. It was the consensus of the Board the best way to stop the $250 per day fine on the May 6th order was to amend the order taking out the fire codes so that an affidavit of compliance could be issued as of the day of the hearing, May 13th. Mr. Sections that 19-3.6.1, Case No. 19-2.4.1, . MCEB 10 5/13/87 ~;<~~~i'~f{;Po/~k~~:~i:~ ~, '" u:.la,........../;;)w~ ,.~.~.... ",.-....,?..: .X!~);'t~~_ , .. , r I" , ,{ 'i o The Findings of Fact are: Life Hazard Safety Inspector; Dave Hank Freeman, owner; Doug Kuchly, John Giegle, mortgage holder and City Exhibits Ill, 2 and 3, it is Hotel are in imminent danger due to After hearing testimony of Harry Mattheus, Christiansen, Chief of Building Inspection; contractor; Steve Swanberg, architect and viewing the evidence, exhibits submitted: evident that the occupants of the Atrium the hazardous conditions that exist. The ConcluBions Sections 19-3.6.2, 5-2.8.5.1, 5-2.2.6.5, of Law are: Hank Freeman/Atrium Hotel is in violation of 19-3.6.1,19-3.2.1, 19-2.4.1,19-3.1.1,19-2.10.1, 5-2.1.7.1, NFPA 101; 70-110-17, NFPA 70. c Pursuant to Section 138.02 of the Clearwater City Code it is the Order of this Board that Hank Freeman/Atrium Hotel shall comply by evacuating the building by 5 :00 P.M., Friday, May 8, 1987. If Hank Freeman/Atrium HOteT- does not comply w11l1fri "t1iti "tim-eO Os"peOd'fieodo; 't'heo '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 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/ At r1um Hotel shall notify Harry Mattheus, the Ci ty Of ficial 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 6th day of May, 1987. CASE NO. 34-87 Marilyn Miller (Bldg./Plumbing/Elec. Code-Permits) Letter from James Gray/Federal Downtown Bake Shop Discussion ensued regarding Mr. he, rather than Marilyn Miller, is violations for the Downtown Bake Shop James Gray's letter to the the proper party to cite Inc. Board stating for the Code Dave Christiansen, Chief of Inspections, of the Building Dept., stated the City Attorney had contacted the Secretary of State's office and, as of April 21, 1987 at 8:51 a.m., the President and Registered Agent of the Federal Downtown Bake Shop Inc. was listed as Marilyn Miller. Mr. ~ray was listed as Secretary and Officer of the corporation. Mr. Elliott moved to accept the Affidavit the Order imposing the fine in Case No. 34-87. carried unanimously. of Non-Compliance and issue Hotion was duly seconded and MCEB 11 5/13/87 .