06/10/1987
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CASE NO. 87-87
k.
CASK NO. 88-87
1. CASK NO. 89-87
m. CASK NO. 90-87
n. CASK NO. 91-87
o. CASE NO. 92-87
p. CASE NO. 93-87
o
q. CASE NO. 94-87
r. CASE NO. 95-87
2. Unfinished Business
a. CASE NO. 17-87
b. CASE HO. 36-87
c. CASE NO. 56-87
CD
CEBA
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Clearwater Auto Parts
(Occupational License)
COPIplied Prior
j. \o1ithdrawn
15 S.
( Life
to be
Lincoln Associates
Safety Code)
continued
k. Cont.
to 7/8/87
Breakers Apts. Ltd.
(Life Safety Code)
Complied Prior
1. Withdrawn
Ms. Dorothy Thompson
(Building Code)
Complied Prior
m. Withdrawn
Mrs. Rhoda v. Williams
(Building Code)
Complied Prior
n. Withdrawn
,.,
Global EquitieS/Fish House
(Land Development)
Complied Prior
o. Withdrawn
A. Alexiou/Shrimp Boat Sally's
(Land Development Code)
to be continued
p. Cont. to 7/8/87
Larry E. Bunting
(Land Development Code)
q. Comply by 9/7/87
Stephen G. Beneke
(Land Development)
Complied Prior
r. Withdrawn
2.
Hank Freeman/Atrium Hotel
(Fire Code/Life Safety)
Affidavit of Compliance re
May 6th order of Evacuation
a. Accepted Affidavit
Heffron of Florida Inc.
(Life Safety)
Affidavit of Non-Compliance
Letter to the Board
b. Accepted Affidavit
of Non-Compliance;
issued order
imposing the fine
Sun Tracs Recording Studio
(Occupational License)
Affidavit of Non-Compliance
c. Accepted Affidavit
of Non-Compliance;
issued order
imposing the fine
2.
6/10/87
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d. CASE liD. 63-87 Des igner Golf lnc./Wm. Shirley
(Occupational License)
Affidavit of Compliance
e. CASE WOe 78-87 Teddy Penninger
(Occupational License)
Affidavit of Compliance
f. CASE HO. 71-86 David Chilcote
Address the Board re
accrued fine
3. Other Board Action
a. Lien Status Report
4. Nev Business
5. Minutes of May 13, 1987 meeting.
6. Adjourmaent
CEBA
3.
d. Accepted Affidavit
e. Accepted Affidavit
f. Reduced fine to
$1,000
3.
a. Reviewed
4.
a. Bd. will meet for
Lot Clearing viola-
tions the 4th Wed.
at 5 p.m.
b. Bd. member packets
will contain fewer
copies.
c. Bd. requested
Zoning Enforcement
investigate cars
for sale parked in
empty lots close to
roads.
5. Approved as submitted
6. 2:45 p.m.
6/10/87
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~UNICIPAL CODg ~NFORCEMENT BOARD
c
June 10, 1987
Members present:
Robert Aude, Chairman
Tim Amburgy, Vice-Chairman
James Angelis
Robert Hostetler
Frank Morris
Phillip N. Elliott
Bruce Cardinal
Also present:
Miles
Shirley A.
Lance, Assistant City
Corum, Secretary
Attorney
for the Board
The meeting
Commission
any
Code
must
at 1: 07 p . m.
procedures and advised
may appeal a final administrative order of the Municipal
to the Circuit Court of Pinellas County. Any suoh appeal
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
of this Board to have a record of the proceedings to support such an
was called to
Meeting Room in City
aggrieved party
Enforcement Board
be
order
Ha 11.
by
He
the Chairman
outlined the
in
the
.
decision
appeal.
POBLXC IlU.BDGS
CASE 110. 13-87
Plitt Quad Theatre (Life Safety Code)
cont. rro. 5/13/87
has
the
Karl Whittleton, Life Hazard Saf'ety
now contracted with ATD Fire Equipment
fire alarm system and emergency lights.
Inspector,
Company for
stated Plitt Qua.d Theater
the necessary repairs to
Earl Mays, Manager of Countryside
oenter did net find out about the
contract has been obtained for
within three weeks.
Village Square,
violations until May
the work to be done
10,
and
stated
1987.
shOUld
the sbopping
He stated tbe
be completed
concerning Case No. 73-87 re: violation of Seotions
Safety Code 101 of the City Code on property having
description of Lots 5, 7, & 8, Sec. 30-28-16, Countryside Village Square
a/k/a 2567 Countryside Blvd., the Municipal Code Enforcement Board
testimony at the Munioipal Code Enforcement Board hearing held the
10th day of June, 1987, and based on he evidence, the Municipal Code Enforcement
Board enters the following FindiDga or Fact, Conclusions or Law, and Order.
Mr. Amburgy moved that
9-2.9 aad 9-3.11. D'PJl Lite
a legal
Subdivision,
bas heard
.
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6/10/87
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The F1.ndinss or Faot. are:
Lif"e Hazard Safety Inspector, and
Square, and viewing the evidence,
violations has been obtained.
hearing testimony of' Karl Whittleton,
Mays, Manager of Countryside Village
evident that a contract correcting the
After
Earl
it is
The Conclusions ot Law are: Plitt Quad Theatre is in violation of
Sections 9-2.9 and 9-3.4, NFPA Life Saf"ety Code 101.
It is the Order of" this Board that Plitt Quad Theatre shall comply with
Sections 9-2.9 and 9-3.4, NPPA l.ife Safety Code 101 of the City Code of
Clearwater by 1/3/81. If Plitt Quad Theatre does not comply within the time
specif"ied, the Board may order them to pay a fine of $50.00 per day f"or each
day the violation continues to exist. If Plitt Quad Theatre 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, Plitt Quad Theatre shall notif'y Earl. Vhittleton, 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 IIOtion was
duly seconded and carried unanimously.
DOlE lKD ORDBBBD this 10th day of June, 1987.
o
CAS& 110. 19-81
David Gangelhof"f (Building)
cont. fro. II/B/87i ColIPl1.ed Prior
CAS& 110. 81-81
Ken Lobaugh (Land Development)
cont. from 5113/B7; Cofll)liell Prior
CJSg 110. 82-81
Office Products (Land Development)
cont. fro. 5/13/B7; eo.pliell Prior
CASK 110. 83-81
Creative Educational Svces. Inc. (Occupational License)
CoIIpl:led Prior
CASH: 110. 86-87
ADP - MTTR Division (Occupational License)
eo.pl:led Prior
CASK 110. 87-87
Clearwater Auto Parts (Occupational License)
ColIPl:led Prior
CASH: 110. 89-87
Breakers Apts. Ltd. (Life Safety Code)
CoIIpl:led Prior
CASK 110. 90-87
Ms. Dorothy Thompson (Building Code)
Co-.pl:led Prior
CASK 110. 91-87
Mrs. Rhoda V. Williams (Building Code)
CoIIpl:led Prior
.
2.
6110/87
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CA:m: RD. 92-87
Global Equities/Fish House (Land Development)
ColIPlied Prior
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CASE BO. 95-81
Stephen G. Beneke (Land Development)
ColIPlied Prior
The Assistant City Attorney requested that Case
83-81, &6-87. 87-81, 89-87, 90-81, 91-81, 92-81. and
violations have been corrected.
Nos.
95-87 be
19-87, 81-87. 82-87.
withdrawn as the
Mr. Cardinal moved to withdraw the above listed cases.
duly seconded and carried unanimously.
The IIIOtioD was
CASE 110. 111-81
Ms. Ethel Hancock (Building Code)
cont. fro. 5/13/87
The Building Inspector requested this case be continued to the July 8th
meeting.
Mr. Morris moved to
1981. The mo~loD was duly
continue Case No. 74-87 to the meeting
seconded and carried unanimously.
of
July
8,
CUB: 110. ~-81
T. Danduono/T&D Services (Occupational License)
CA.SE 10. 85-81
D. Curry/Total Comfort Carpet (Occupational License)
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CASH 10. 88-61
15 S. Lincoln Associates (Life Safety Code)
CUB 10. 93-81
A. Alexiou/Shrimp Boat Sally's (Land Development)
These cases were requested by the Inpectors to be continued to the July 8th
meeting.
Mr. Elliott
the meeting of
unanilllously.
moved
July
to
8,
continue
1987.
Case
The
Nos. 84-87,
mtion was
85-87, 88-87,
duly seconded
and
and
93-87 to
carried
CASK RO. 911-87
Larry E. Bunting (Land Development Code)
Gari Doherty, Development
of a oomplaint received from the
Doherty visited the property and
Code Inspector, stated this case
Sanitation Division on February
found many vehicles stored in
was the result
10, 1987. Ms.
the RM-B zoning.
City submitted Exhibit 01
1987 showing the condition of the property;
30, 1987; Exhibit f13 photographs taken
adve~tising flyer circulated by the alleged
photographs of the property taken February 23,
Exhibit 02 - photographs taken April
June 8, 1987; and Exhibit fJ:4 an
violator.
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3.
6110/87
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Ms. Doherty stated the morning of the hearing the vehicles - cars, a tow
truck, bus, etc. - were still on the property. The property consists of two
lots; a small rental house is on one lot and on the rear of the second lot there
is a small building containing a formica business owned by Mr. Bunting. This
business was grand fathered in when the property was rezoned residential in
September, 1978.
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Larry Bunting stated he bought the property nine years ago and at that time
the zoning was commercial business. He intended to use the property for a
business use. He restores cars and sells some of them. He stated the 50-gallon
drums and other trash on the property have been removed. He stated the cars are
not restored primarily for resale, but more as a hobby. Mr. Bunting stated he
will remove the vehicles stored on the property, but would like at least 90 days
to complete removal. He has an occupational license for his formica business.
Mr. Amburgy moved that concerning Case No. 94-87 re: violation of Section
135.00'(b) of the City Code on property having a legal description of Lots 3 &
4, Block 5, Pine Crest Subdivision a/k/a 804 & 804-1/2 Pennsylvania Ave.,
Clearwater, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 10th day of June, 1987, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings of Fact. Conclusions of Law. and Order.
The FindiDgs of Fact
Development Code Inspector
submitted: City's exhibits
property for storage.
are: after hearing testimony of Geri Doherty, Land
and Larry Bunting and viewing the evidence, exhibits
1-4, it is evident that Larry Bunting is using his
o
The Conclusions of' Law are: Larry Bunting is in violation of Section
135.004(b) of the City Code.
It is the Order of this Board that Larry Bunting shall comply with
Section 135.004(b) of the Code of the City of Clearwater by 911/81. If Larry
Bunting 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 Larry Bunting 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, Larry Bunting shall notify Gerl 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 tine at that time without a subsequent hearing. Should a dispute arise
concerning compliance, either party may request a further hearing before the
Board. The ~tlon was duly seconded and carried unanimously.
Done and Ordered this 10th day of June, 1987.
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6/10/87
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CASE HO. 17-87
Hank Freeman/Atrium Hotel
(Fire/Life Safety)
AttidaYit of ColIPl1ance
Mr. Elliott moved to accept the Affidavit of Compliance in Case No. 17-81.
The ~~ion was duly seconded and carried unanimously.
CASE RD. 36-87
Heffron or Florida Inc.
(Life Safety)
Affidavit ot Ron-Collpllance
Mr. Amburgy moved to accept
Order imposing the fine in Case
carr1ed unanimously.
the
No.
Affidavit of Non-Compliance and issue
36-87. The IIOtion was duly seconded
the
and
CASE 10. 56-87
Sun Tracs Recording Studio
(Occupational License)
A.tfidaY1t or lon-ColIPl1ance
Mr. Hostetler moved
Order imposing the fine
carrIed unanimously.
to accept the Affidavit of Non-Compliance and issue the
in Case No. 56-87. The IIOtion was duly seconded and
CASE 10. 63-87
Designer Golf Inc./Wm. Shirley
(Occupational License)
At't'1daYit ot ColIPllaDce
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Mr. Elliott moved to accept the Affidavit of Compliance in Case No. 63-87.
The .ot10D was duly seconded and carried unanimously.
CJSB: RO. 78-81
Teddy Penninger
(Occupational License)
At'fidaYl~ ot Co.-pl1ance
Mr. Hostetler moved to accept the Affidavit of Compliance in Case No.
78-81. The m~ioll was duly seconded and carr1ed unanimously.
Cl.S& .0. 71-86
David Chilcote
Address the Board re accrued fine
David Chilcote stated he
rescinded as the Code has now
construction of his fence.
ordinance, work was begun
completed within three days.
feels the accrued fine in Case No. 17-86 should be
been changed to support his position regarding the
He stated the day after second reading of the
to bring his fence into compliance and it was
Discussion
brought into
in
the
the Code
ordinance
and whether the fence
being changed. Hr.
did because
changed.
was
ensued regarding the change
complete compliance by
Chilcote stated he believes the situation continued as long as it
the public officials did not take the responsibility to see the Code
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5.
6/10/87
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The City Clerk stated the previous Code required the fence be constructed
wi th the finished side facing out. Since there are si tua tions where
constructing a fence in this manner is difficult, the property owner could apply
for a variance berore the Development Code Adjustment Board to allow for
construction of the fence with the .finished side facing in. The ordinance now
allows for the fence stringers to be on the inside and the support posts to be
on the outside without having to apply for a variance.
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Discussion ensued regarding the Board's purpose which is not to address
changing the Code but to enforce the existing Code.
Mr. Amburgy moved to reduce the fine in Case No. 77-86 from $3,250 to
$1 ,000, taking into account the actions of the violator. The mtioD was duly
seconded. Upon the vote being taken, Messrs. Aude, Amburgy, Angeli~ Hostetler,
Morris and E~liott voted "Aye". Mr. Cardinal abstained as he was not a member
of the Board when the case was heard. Motion carried.
0t'IIER BOARD I.Ct'IOM
Lien Status Report
The Lien Status Report was reviewed by the Board.
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Mr. Hostetler moved to direct the Secretary to the Board to send letters to
the violators of Case Nos. 15-86, 162-85, 184-85, 4-86, 76-86, and 81-86
informing them that the Board will direct the City Attorney to institute
foreclosure proceedings unless the accrued f'ines are paid immediately. The
8DtiOD was duly seconded and carried unanimously.
lIEIf BUSIIBSS
a) The City Clerk stated the Sanitation Division has requested that the
Code Enforcement Board meet a second time in the month to hear lot clearing
cases. The second meeting of the month would be for lot clearing only and could
be held late in the afternoon. She explained that since the property has to be
posted 21 days prior to the meeting, property posted after June 16th could not
be heard until the August 12th meeting.
The consensus of the Board was to hold the second meeting of the month on
the 4th Wednesday at 5:00 p.m. ror lot Clearing cases only. (This schedulo will
begin with a JUly 22, 1987 meeting.)
b) The City Clerk requested the Board consider reducing the amount of
copying that is done regarding the cases coming to the Code Enforcement Board.
It was the consensus of the Board that only the Affidavit of Violation and
the section of the violated Code be copied for them prior to the meetings.
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6.
6/10/87
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