09/09/1987
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<:) 8. CASE HO. 132-81 Classic Editions Publishing 8. Withdrawn
(Occupational License)
Complied
9. CASE BO. 133-81 Ms. Chris Beane 9. Cont. to 10/14/87
(Occupational License)
10. CASE BO. 1311-81 Pittman Office Products 10. Cont. to 10/14/87
(Occupational License)
11- CASE HO. 135-81 P. Bailey/Keepsake Lawn Care 11. Cont. to 10/14/87
(Occupational License)
12. CASE HO. 136-81 Chubb Insurance 12. Withdrawn
(Occupational License)
COlllplied
13. CASE HO. 137-81 University of Industrial Mgmt. 13. Withdrawn
(Occcupational License)
Complied
14. CASE HO. 138-87 Elevator Engineering & 111. Cont. to 10/14/87
Technology Inc.
(Occupational License)
0 15. CASE HO. 1110-87 South Mark Management 15. Comply by 10/14/87
(Life Safety/Fire Code)
16. CASE HO. 1111-87 Donald J. & Cynthia Salafia/ 16. Withdrawn
DMS of Naples, Inc.
(Land Development)
Co~lled
17. CASE HO. 1112-87 K & A Properties, Inc. 11. Withdrawn
d/b/a Bumpers
(Land Development)
CoIIp11ed
18. CASE HO. 1113-87 Roberto DiGiovanni 18. Comply by 10/10/87
(Land Development)
19. CASE NO. 1.11II-87 F.R. Eckert/ Eckert & Co. 19. Cont. to 10/14/87
(Occupational License)
20. CASE NO. '''6-87 Jeralne Burt 20. Comply by 10/12/87
(Building Code)
21. CASE HO. 141-87 Jeralne Burt 21. Comply by 10/12/87
(Building Code)
22. CASE NO. '''8-87 Peter V. & Michael Gianfilippo 22. Cant. to 10/14/87
. (Building Code)
CEBA 2. 9/9/87
l
71
*Amended
Q
1 .
CASE RO. 17-87
2.
CASH RO. 911-87
3.
CASH RO. 106-87
4.
CASE RO. 109-87
5.
CASE RO. 128-87
6.
CASH RO. 130-87
.
__lt~~1l1' _~""'-
URFIlfISIIED BUSIBESS
Hank Freeman/Atrium Hotel
(Life Safety/Fire)
Artidavit of Co~liance
Request to Address the Board
re Accrued Fine
Larry E. Bunting
(Land Development)
Attidavit of Hon-Compliance
Lifetime Radiator & Air Condo
(Occupational License)
Attidavit of Ron-Compliance
Johanna Southern Amusement
(Occupational License)
Atfidavit of Co~l1ance
Imperial Limousine/D. Spencer
(Occupational License)
Atridavit of' Bon-Compliance
Seven Oaks Service Center
(Occupational License)
Atf'idawit of' Non-COllpliance
Attida't'it of' Compliance
a.
CASE BOS. 2 & 8
Lot Clearing List 87-08-2
7.
*8.
William G. Blackburn
Lots 175 & 178, Tract A-II
Coachman Ridge, Sec. 7-29-16
Affidavits of' Ron-COmpli.ance
Lot Clearing List 87-07-1 CASK RO.
Abandoned Property List 87-07-1
17
CASE HOS. AU
omBR BOARD AC'l'IOR
1.
Lien Status Report
REV BUSIRBSS
Donald W. Eicher III
Bequest ror Reheari.ng
1.
MCEB Rules & Regulations - Discussion
.
ADJOOBII
~U~ - August 12 & August 26, 1987
CEBA
3.
~ ._~~u."~"f'!
.~';'~~'t".
1. Accepted affidavit
Granted request
for 10/14/87
2. Accepted affidavit;
Issued order imposing
tine
3. Accepted affidavit;
Issued order imposing
fine
~. Accepted affidavit
5. Accepted affidavit;
Issued order imposing
fine
6. Accepted affidavits;
Issued order imposing
fine
7.
a. Cant. to 9/23/87
8. Denied
1. Reviewed
2. Continued
Approved as submitted
6:20 p.m.
9/9/87
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MUNICIPAL CODE ENfORCEMENT BOARD
.
September 9, 19B7
Members present:
Robert Aude, Chairman
Tim Amburgy, Vice-Chairman
James Angelis
Frank Morris (arrived 2:15 p.m.)
Phillip N. Elliott
Absent:
Robert Hostetler (excused)
Bruce Cardinal (excused)
Also present:
Robert Walker, Assistant City Attorney
Shirley A. Corum, Secretary for the Board
o
The meeting was called to order by the Chairman at 1:23 p.m. in the
Commission Meeting Room in City Hall. 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 record of the proceedings to support such an appeal.
PUBLIC BEARINGS
~ot Clearing List 87-09-1
CASE RO. 16
Harvey & Grace E. Crawford
About 1530 Missouri Ave. S.
Lots 8, 9, 20 & 21, Blk. C
CarOlina Terrace, Sec. 22-29-15
Packer, Sanitation Inspector, stated he inspected this property
1987. He found debris in the form of construction materials
in excess of two feet. He posted the property on August
legal notice to the owners on August 19, 1987. As of 9:40 a.m. the
morning of the hearing, the property had not been cleared. City submitted
composite exhibit #1, two photographs of the property.
Vern
August 18,
vegetation
mailed the
on
and high
18th and
Mr. Packer stated he had received a memo from Mr. Crawford, the owner of the
property, on September 4th requesting an extension of time as he had had equipment
problems and had not been able to clear within the time allowed. Mr. Packer
stated some effort has been made to clear the property.
.
Harvey Crawford stated he needs approximately one week longer to clear the
property.
1 .
9/09/87
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Mr. Angelis moved that concerning Case No. 16 on Lot Clearing List 87-09-1
regarding violation of Chapter 95 of the Clearwater City Code on property having
a legal description of Lots 3, 9, 20 & 21, Blk. C, Carolina Terrace, Section
22-29-15, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 9th day of September, 1987, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings ot Fact, Conclusions of Law, and Order.
:.1
\[.
The Findings of' Fact
Sanitation Inspecctor, and
submitted: City exhibit #1,
does exist excessive weed
address.
are: after hearing the testimony of Vern Packer,
Harvey Crawford and vieWing the evidence, exhibits
photographs of the property, it is evident that there
and lor plant growth, debris and trash at the above
The Conclusions ot Law are:
Chapter 95 of the City Code.
Harvey/Grace E. Crawford are in violation of
c
It is the Order of this Board that Harvey/Grace E. Crawford shall comply
with Chapter 95 of the Code of' the City of Clearwater within 10 days. Upon
failure to comply within the time specified, the Sanitation Division shall arrange
remedial action and the cost of clearing plus $150 administrative charge shall be
owed by the owner and shall constitute a lien against the property until paid. If
the owner takes remedial action after the time specified, the administrative cost
of $150 shall be owed and shall constitute a lien against the property until
paid. A notice of lien in such form as the City Commission shall determine may be
recorded in the Public Records of Pinellas County. Upon complying, Harvey/Grace
E. Crawford shall notify Vern Packer, the City Official who shall inspect the
property and notify the Board of compliance. Should a dispute arise concerning
compliance, either party may request a further hearing before the Board. The
motion was duly seconded and carried unanimously.
Done and Ordered this 9th day of September, 1987.
CASE HO. 11
Arthur H. & Dorothy Johnston
About 1~74 EI Tair Trail
Lot 86, Tract A I
Coachman Ridge, Sec. 7-29-16
Vern Packer, Sanitation Inspector, stated he inspected this property on
August 10, 1987 due to a oomplaint received in the Sanitation Division. He found
high vegetation on this vacant lot and illegal dumping in the form of grass
clippings and wood. He posted the property and mailed the legal notioe on August
19, 1987. City submitted composite exhibit 01, 3 photographs of the property. As
of the morning of the hearing, the property had not been cleared.
.
Donna Markham, representing the owners of the property, Arthur and Dorothy
Johnston, stated she is a real estate agent and received a listing of this
property on August 6, 1937. She stated she has contacted a lawn service to clear
the property; however, since illegal dumping had taken place, she was told by the
lawn maintenance company that she would have to get another company to clear the
property. The owners live in Tampa and didn't know about the problem until just
recently because the legal notice was mailed to their ~ew York address. Ms.
Markham stated she is going to get a lot clearing company to clear the property by
the end ot the week.
2.
9/09/87
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Mr. Elliott moved that concerning Case No. 17 on Lot Clearing List 87-09-1
regarding violation of Chapter 95 of the Clearwater City Code on property having
a legal description of Lot 86, Tract AI, Coachman Ridge, Sec. 7-29-16, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 9th day of September, 1987, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings or
Fact. Conclusions or Law. and Order.
,," '
o
The Findings or Fact are: after hearing the testimony of Vern Packer,
Sanitation Inspector, and Donna Markham, representing the owners, and viewing the
evidence, exhibits submitted: City exhibit #1, photographs of the property, it is
evident that there does exist eKcessive weed and/or plant growth, debris and trash
at the above address.
The Conclusions of Law are: Arthur H./Dorothy Johnston are in violation of
Chapter 95 of the City Code.
o
It is the Order of t~1is Board that Arthur/Dorothy Johnston shall comply
with Chapter 95 of the Code of the City of Clearwater within 12 days. Upon
failure to comply within the time specified, the Sanitation Division shall arrange
remedial action and the cost of Clearing plus $150 administrative charge shall be
owed by the owner and shall constitute a lien against the property until paid. If
the owner takes remedial action after the time specified, the administrative cost
of $150 shall be owed and shall constitute a lien against the property until
paid. A notice of lien in such form as the City Commission shall determine may be
recorded in the Public Records of Pinellas County. Upon complying, Arthur/Dorothy
Johnston shall notify Vern Packer, the City Official who shall inspect the
property and notify the Board of compliance. Should a dispute arise concerning
compliance, either party may request a further hearing before the Board. The
motion was dUly seconded and carried unanimously.
Done and Ordered this 9th day of September, 1987.
Abandoned Property List 87-09-1
CASE NO.3 Joseph C. Kaleda
3039 Cleveland St.
M&B 22.08, Sec. 16-29-16
Vern Packer, Sanitation Inspector, stated this property is owned by Joseph
Kaleda. The Sanitation Division received a complaint about this property on
August 5th, and on August 6th Mr. Packer went to the address and found several
vehicles abandoned on the property. The property has one dwelling, is located on
a dead-end street and is zoned residential. Mr. Packer stated he posted four
vehicles and mailed the notice on August 14, 1987. Some of the owners were
unknown as there were no tags and no registrations. The 1975 Ford pick-up truck
is still located on the property.
Mr. Packer stated he had spoken with Mr. Kaleda's attorney on September 2,
1987, and was informed Mr. Kaleda had been in a severe accident. Mr. Packer
informed Mr. Kaleda's attorney they could request more time to remove the vehicle
at the Code Enforcement Board meeting.
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9/09/87
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City submitted composite exhibit i/1, five photographs of the vehicle. f1r.
Packer stated an attempt has been made to clear and some of the vehicles have been
removed.
Joseph Kaleda stated he was in a severe accident and still has not been
released from doctor's care. He is not able to do lifting and has not been able
to go back to work. He stated he does have title to the vehicles and has owned
this property for three or four years. Mr. Kaleda stated he could clear the
property by the first or second week in October.
Mr. Amburgy moved that concerning Case No. 3 on Abandoned Property List
87-09-1 regarding violation of Chapter 95 of the Clearwater City Code and
Florid.a Statute Section 105.16 on property located at 3039 Cleveland St. a/k/a
M&B 22.08, Sec. 16-29-16, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 9th day of September,
1987, and based on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Conclusions of Law, and Order.
i"
The Findings of Fact are: after hearing the testimony of Vern Packer,
Sanitation Inspector, and Joseph Kaleda and viewing the evidence, exhibits
submitted: City exhibit #1, photographs of the vehicle, it is evident that there
exists abandoned property in the form of a 1975 Ford pick-up truck at the above
address.
The Conclusions of Law are: Joseph Kaleda is in violation of Chapter 95 of
the City Code and Florida Statute Section 705.16.
o
It is the Order of this Board that Joseph Kaleda shall comply with Chapter
95 of the Code of the City of Clearwater and Pla. Stat. Section 705.16 by October
12, 1987. Upon failure to comply within the time specified, the abandoned
property will be removed by the Sanitation Division and the owner of such property
shall be liable for the cost of removal and destruction, less any salvage value
received by the City plus $150 administrative charge. Refusal to pay such costs
shall, in the event the abandoned property is a boat, prevent future boat
registration; and if the abandoned property is a motor vehicle, a f'ine of $100
will be levied. 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 f'urther hearing before the
Board. The motion was duly seconded and carried unanimously.
Done and Ordered this 9th day of September, 1987..
CASE HO. 93-81
A. Alexiou/Shrimp Boat Sally's (Building Code)
cont. from 8/12/81
o
Dave Christiansen, Chief of Building Inspections, stated this property is a
restaurant on Clearwater Beach. The violation has been in existence since before
the present owners' purchase of the property. The current owner has been in
violation since May. Mr. Christiansen stated the violations consist of remodeling
work being done improperly and without a contractor, by unlicensed people. A stop
wor'k order was issued on August 25, 1987. The violation regarding the deck
constructed within the coastal construction line is not a part of this violation
as they have applied to the State for approval. Mr. Christiansen stated no permit
was obtained for the construction of the DJ's booth, and he observed kitchen help
doing construction and electrical work.
4.
9/09/87
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Dave Levenrich, attorney representing the tenant of the property, Edward L.
Rice d/b/a Shrimp Boat Eddie's, questioned whether Mr. Christiansen was present
when the ini Hal citation was issued. Mr. Christiansen stated the citation was
issued by Hobert Zacker who is under his supervision. The inspection was made at
the request of' the Department of Natural Resources. The violation has existed
since the beginning of 1987; the business changed hands in April, 1987; and the
stop work order was issued in August.
Mr. Levenrich questioned Mr. Christiansen regarding the permits that have now
been issued. Mr. Christiansen stated the valid permits were issued to the
contractors; no permits were issued for work to be done by unlicensed people.
The Assistant City Attorney questioned whether the permits that have been
issued to the cont.ractors are valid for the work that needs to be done. Mr.
Christiansen stated if the permits are revised, they would be usable and good for
six months.
Hilga Heitler, part owner and representative of' the contractor, stated three
permits have been obtained for the remOdeling work - plumbing, electrical and one
for the construction work. She stated two of the permits are still current.
Defendant submitted e~hibit #1, copies of the three permits issued. Ms. Heitler
stated she understood that all the work done prior to the Riees taking possession
of the property was done illegally. Mr. Rice obtained permits to correct the
situation and paid double permit fees. She stated the remodeling portion is
sub stantially finished; however, the ripping out of the deck that is seaward of
the coastal construction line has not been accomplished. Since the stop work
order was issued on August 25th, another permit has been obtained to rip out the
wall. Ms. Heitler stated that, to the best of her knowledge, no work has been
performed by unlicensed people.
Edward Rice, part owner of the restaurant, stated he was not made aware of
the violation until May 19, 1987. He stated the permits were issued after the
fact for the work done prior to his taking ownership. He stated he secured a
contractor to do the work according to the issued permits. The DJ's stand is not
a permanen t fixture, bu t portab Ie. I t has rub bel" wheE: Is and is transported by
means of his pick-up truck. The work that Dave Christiansen maintains was being
done by unlicensed people was a two by si~ board being cut to cover a trough where
exposed pipes and electical wiring are located. Mr. Rice stated the wall was
removed so the electrical and plumbing contractors could finish their work. The
work could be completed within the next 60 to 90 days.
\{hen questioned by the Board as to what conditions would need to be met to
cancel the stop work order currently in effect, Dave Christiansen stated the
permit would need to be amended to include the area where the work is being done
and the licensed contractor would have to be in charge. The amended permit was
shown to Dave Christiansen and he stated under the amended permit, the violation
would not exist as long as licensed contractors and workers do the actual work.
Mr. Christiansen stated the Building Department has contacted the State Attorney's
office to investigate the work being done by unlicensed people.
5.
9/09/87
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law that
Levenrich stated the only work done by unlicensed people was the board
sawed to cover the trough. He also stated there is a provision in State
allows work under $1,000 to be done without the services of a contractor.
Mr. Amburgy moved that concerning Case No. 93-87 regarding violation 0 f
Sections 103, Standa.'"'d Building Code; Chapter 75--'189, Florida Law; and Section
138.01 of the Clearwater City Code on property having a legal description of
Lot 2, Miller's Replat a/k/a 7 Rockaway St., the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 9th
day of September, 1987, and based on the evidence, the Municipal Code Enforcement
Board enters the fOllowing Findings of Fact, Conclusions ot Law, and Order.
The Findings of Fact are: after hearing testimony of Dave Christiansen,
Chief of Inspections, Building Dept., Hilda Heitler and Ed Rice and viewing the
evidence, exhibits submitted: Defendant's exhibit #1, it is evident that at the
time Dave Christiansen was at the above address, a board was being sawed; there
does exist a licensed contractor and the permits have been obtained and brought up
to date for the work being done.
The Conclusions or Law are: Anthony AlexioulShrimp Boat Sally's/Shrimp Boat
Eddies is not in violation of Sections 103, Standard Building Code, 138.01, City
of Clearwater Code and Chapter 75-489, Florida Law.
c
It is the Order of this Board that Shrimp Boat Sally's/Shrimp Boat Eddie's
is hereby declared to be in compliance with the above referenced sections of the
Code of the City of Clearwater, and that the pending violation proceeding before
the Board is dismissed. The motion was duly seconded and carried
unanimously.
Done and Ordered this 9th day of September, 1987.
CASE RD. 99-81
CASE NO. 101-81
Mark Schleben
(Land Development)
(Occcupational License)
The Inspectors in these two cases have requested they be continued to the
October 14, 1987 meeting to allow Mr. Schleben to apply to the Development Code
Adjustment Board for a variance.
Mr. Amburgy moved to continue Case Nos. 99-87 and 101-87 to the meeting of
October 14, 1987. The motion was duly seconded and carried unanimously.
CASE HO. 111-81
Maria Zawilski (Occupational License)
\..
The Assistant City Attorney requested this case be withdrawn as the violation
has been corr~cted.
Mr. Elliott moved to withdraw Case No.
seconded and carried unanimously.
117-87.
The motion was duly
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6.
9/09/87
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CASE NO. 119-87
Jeralne Burt (Fire/Life Safety)
cant. from 8/12/87
o
James Goodloe, Fire Inspector, stated this property is a two-story frame and
concrete block structure with seven separate living units. As the units do not
have separate cooking facilities, the Fire Department maintains that the dwelling
is not a triplex but a rooming house and falls under the rooming house
classification for fire safety requirements. Mr. Goodloe stated the original
inspeotion was made on June 3, 1987 at the request of' the Police Department and he
has been back to reinspect twice, the last time on August 10th. City submitted
composite exhibits 1-9, photographs of the property.
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Mr. Goodloe reviewed the Fire Code violations enumerated in
Jeralne Burt dated June 4, 1987. He stated the situation is not life
but in case of a fire, someone could be hurt. When questioned
property should be vacated if the violations are not corrected,
responded in the affirmative.
a letter to
threatening,
whether the
Mr. Good loe
Jeralne Burt stated the property has been condemned by the City seven times
in the last three years. She stated it is a triplex rather than a rooming house.
The fire extinguishers were provided but they were removed by the tenants. She
stated the property, which is a three bedroom apartment house with two bedrooms
down and one up, had complete compliance two years ago. She feels the violations
cited do not apply to her.
o
Mr. Goodloe stated even if the property Vias classified as a triplex rather
than a rooming house, all the violations would still exist with the exception of
#2, Vlhich is the approved separation between rooms and exit access and U8, which
is the manual fire alarm system.
Mr. Amburgy moved that concerning Case No. 119-87 regarding violation of
Sections 20-2.1.2, 20-3.~, 20-3.3.4, 20-3.1.2, 20-3.1.1, HFPA 101 and State Fire
Harshal.s Rules and Regulations 4A-21.02 of the Clearwater City Code on property
having a legal description of Lot 28, Blk. D, Greenwood Park /12 a/k/a 1113
Tangerine St., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 9th day of September, 1987, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings of' Fact, Conclusions of L.aw, and Order.
The Findings of' Fact are: after hearing testimony of James Goodloe, Fire
Inspector, and Jeralne Burt and Viewing the evidence, exhibits submitted: City
composi te exhibits 1-9, it is evident that J eralne Burt is operating a rooming
house with five units rented and she does not have fire extinguishers and other
safety items as stated in the June 4th letter to Ms. Burt from James Goodloe.
The
20 -2. 1 . 2,
4A-21.02,
Conclusions of Law
20-3.4, 20-3.3.4,
State Fire Marshal's
are: Jeralne Burt is
20-3.1.2, 20-3.1.1 and
Rules and Regulations.
in violation of
20-3.3.1, NFPA
Sections
101 and
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7.
9/09/B7
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It is the Order of this Board that Jeralne Burt shall comply: 1) with
Items 3, 4 & 6 of the letter dated June 4, 1987 within 30 days and 2) with
Items 1 I 2, 5, 7, 8 & 9 of the June 4th letter within 90 days. If Jeralne Burt
does not comply within the time specified, the Board may order her to pay a fine
of $100.00 per day lor part 1 of the order and $100.00 per day for part 2
of the order for each day the violations continue to exist. If Jeralne Burt 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,
Jeralne Burt shall notify James Goodloe, 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 carried
unanimously.
Done and Ordered this 9th day of September, 1987.
The meeting recessed from 4:20 - 4:34 p.m.
CASE HO. 132-87
Classic Editions Publishing
(Occupational License)
The Assistant City Attorney requested this case be withdrawn as the violation
has been corrected.
e
Mr. Elliott moved to withdraw Case No. 132-87.
seconded and carried unanimously.
The mot~on was duly
CASB NO. 133-87
Ms. Chris Beane (Occupational License)
CASB NO. 1311-87
Pittman Office Products (Occupational License)
CASE RO. 135-87
P. Bailey/Keepsake Lawn Care (Occupational License)
CASE liO. 138-87
Elevator Engineering & Technology (Occupational License)
CASE RD. 144-87
F.R. ECkert/Eckert & Co. (Occupational License)
The Inspectors requested continuance of the above referenced cases to the
October meeting.
Mr. Elliott moved to continue Case Nos. 133, 13~, 135, 138 and 144-87 to
the October 14, 1987 meeting. The motion was duly seconded and carr~ed
unanimously.
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CASE NO. 136-81
Chubb Insurance (Occupational License)
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CASE NO. 131-81
University of Industrial Mgmt. (Occupational License)
CASE NO. lJJ1-81
D.J. & C. Salafia/DMS of Naples, Inc. (Land Development)
:~
CASE NO. lJJ2-81
K&A Properties, Inc. d/b/a Bumpers (Land Development)
The Assistant City Attorney requested these cases be withdrawn as the
violations have been corrected.
Mr. Elliott moved to withdraw Case Nos. 136, 137, 141 and 142-87. The
motion was duly seconded and carried unanimously.
'{
CASE RO. lJJO-87
South Mark Management (Life Safety/Fire Code)
Karl \{hittleton, Life Hazard Safety Inspector, stated this property was
inspected on .June 5, 1987 and found to be in violation regarding fire
extinguishers and exit lights that need servicing, fire alarm system inoperable
and missing electrical blanks in the electrical panels. Mr. Whittleton stated
there are a total of ten buildings. He last inspected the property the day before
the hearing and the violations still exist.
o
Nancy Honea, Manager of the Pine Brook Apartments, stated the management
company changed as of June 21, 1937. She l'equested an extension of time from the
Board as she is researching whether service contracts exist on the fire safety
equipment. She stated the violations would be corrected within a week to ten
days.
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Sections
Angelis moved that concerning Case No. 140-87 regarding violation of
NFPA 101. 19-3.2.1; NFPA 70. 110-12; SPM 4A-21.02 and 4A-14.03; and City
Ordinance JJ138-86. Sec. 111.02(A) of the Clearwater City Code on property having
a legal description of M&B 23.04, Sec. 1-29-15 a/k/a 1800-26 Sunset Point Rd., the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
En~orcement Board hearing held the 9th day of September, 1987, and based on the
evidence, the Municipal Code Enforcement Board enters the following F1.ndings of"
Fact. Conclusions of Law. and Order.
The Findings of" Fact are: after hearing testimony of Karl Whittleton, Li~e
Hazard Safety Inspector, and Nancy Honea, of South Mark Management, and Viewing
the evidence, it is evident there does exist fire code violations regarding
inspection of fire extinguishers, maintenance of exit lights, missing blanks in
electrical panels and repair needed of fire alarm systems in several buildings.
The Conc1usions
Sections SFM lJA-21.02
Ordinance 4138-86, Sec.
of Law are: South Mark Management is
and 4A-14.03; NFPA 101,19-3.2.1; NFPA
111-02(A) of the City Code.
in violation
70,110-'12;
of
and
(2)
9.
9/09/87
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It is the Order of this Board that South Mark Management shall comply with
Sections SFM 4A-21.02, 4A-14.03; NFPA 101, 19-3.2.1; NFPA 10, 110-12; and
Ordinance 4138-86, Sec. 111-02(A) of the Code of the City of Clearwater' by
October 14, 1981. If South Mark Management does not comply within the time
specified, the Board may order them to pay a fine of $10.00 per day ror each day
the violations continue to exist. If South Mar'k Management does not comply within
the time specified, a certified copy of the Order imposing the rine 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,
South Mark Management shall notify Karl Whittleton, 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 <.1t 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 carried unanimously.
Done and Ordered this 9th day of September, 1987.
CASE NO. 143-81
Robert DiGiovanni (Land Development)
o
Geri Doherty, Development Code Inspector, stated this property was inspected
on March 12, 1987, as the result of a complaint received in the Development Code
Administration Division. Miss Doher'ty stated there are six cars with no tags in
the front yard and there have been other cars there at different tim~s. She
stated she had spoken to Mr. DiGiovanni and he said his cars are used for racing
at Sunshine Speedway. The zoning is RS-8 and the violation is the storage of cars
in a residential zone. Miss Doherty stated that, in speaking with a neighbor, she
learned chat repairs are done on the vehicles at night and on weekends.
City submitted composite exhibits f/1, a photograph of the property taken
February 2, 1987; #2, two photographs of the property taken June 24 & 30, 1987;
#3, five photographs of the property taken July 13, 1987; #4, five photographs
taken August 11, 1987 and 115, one photograph taken September 8, 1987. Miss
Doherty stated she informed Mr. DiGiovanni that the repairs to the vehicles could
only be done if they were in an enclosed area such as the garage. The outdoor
storage is not the major problem right now, but the major repair work being done.
No representative of the alleged violator' was present at the hearing.
Mr. Elliott moved that concerning Case No. 143-87 regardtng violation of
Sections 135.00~(b) and 136.005(a) of the Clearwater City Code on property
having a legal description of Lot 15, Blk. 6, Cleveland Gr'ove, Sec. 22-29-15, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 9th day of September, 1987, and based on the
evidence, the Municipal Code Enforcement Board enters the fOllowing F1.ndlngs of
Fact, Conclusions of Law, and Order.
.
The Findings of Fact are: after hearing testimony of Geri Doherty,
Development Code Inspector, and viewing the evidence, exhibits submitted: City
exhibits 111 - 5, it is evident that major auto repairs are being performed on the
property.
10.
9/09/81
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The Conclusions of Law are: Roberto DiGiovanni is in violation of Section
136.005(a) of the City Code, but is not in violation of 135.004(b) at this time.
It is the Ordel< of this Board that Roberto DiGiovanni shall comply with
Section 136.005 (a) of the Code of the City of Clearwater by October 10, 1987.
If Roberto DiGiovanni 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 Roberto DiGiovanni does not comply wi thin 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, Roberto DiGiovanni shall notify
Gari 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.
Done and Ordered this 9th day of September, 1987.
CASe: RO. 1116-81
Jeralne Burt (Building Code)
Tom Chaplinsky, Building Inspector, stated he had inspected the property
several times. He sent a letter to Ms. Burt on June 17th after an inspection made
June 16, 1987 as the result of a complaint from the Police Dept. regarding this
property. The dwelling is a one story masonry building at the rear of 1109
Tangerine St. with four rooms rented. There are numerous violations spelled out
to Ms. Burt in the letter of June 17th, including: inoperable windows, missing
doors, inoperable light fixturesj rooms without adequate electrical outlets being
supplied by extension cords from other parts of the ~l'lilding; extension cords
strung through rooms and hallways; the kitchen stove located against one wall
which is badly burnedj and a pile of debris on the roof of the building. Mr.
Chaplinsky stated the most serious violations in his opinion are the cooking stove
against the wall and the extension cords. Another serious violation is padlocks
being used on bedroom doors. If a fire occurred, a person could be locked in the
bedroom and not be able to get out. Mr. Chaplinsky stated the violations still
existed the morning of the hearing. Some of the electrical cords have been
removed; there is one remaining. Mr. Chaplinsky stated if he sees progress being
made, he will be willing to be patient with Ms. Burt as the building is
structurally sound. However, the violations need to be corrected.
Jeralne Burt stated the extension cords have been strung because there is an
overload on the circuits and the electricity tends to go off. There were, at one
time, four refrigerators and a coke machine on one circuit. When questioned what
would be a reasonable time in which to have the violations corrected, Ms. Burt
stated two to three weeks.
Mr. Amburgy moved that concerning Case No. 146-87 regarding violation of
Section 138.02 of the Clearwater City Code on property having a legal
description of Lot 3D, Blk. B, Greenwood Park #2 a/k/a 1109-1/2 Tangerine St., the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 9th day of September, 1987, and based on the
evidence, the Municipal Code Enfor-cement Board enters the fOllowing Findings ot
Fact. ConclusioJ1s ot Law. and Order.
11.
9/09/81
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The Findings of Fact are: after hearing testimony of Tom Chaplinsky,
Building Inspector, and Jeralne Burt, it is evident that there are several unsafe
conditions as listed on the 'Bill of Particulars' of June 11, 1987 issued by Tom
Chaplinsky.
The Conclusions of Law are: Jerlane Burt is in violation of Section 138.02
of the City Code
It is the Order of this Board that Jeralne Burt shall comply with Section
138.02 of the Code of the City of Clearwater by October 12, 1987. If Jeralne
Burt does not comply within the time specified, the Board may order her to pay a
fine of $25.00 per day for each day the violation continues to exist. If
Jeralne Burt 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 recurded 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, Jeralne Burt shall notify Tom Cbaplinslcy, the City
Official who shall inspeot 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 reques t a further hearing before the Board. The motion was
duly seconded and carried unanimously.
Done and Ordered this 9th day of September, 1987.
CASE NO. 147-87
Jeralne Burt (Building Code)
c
Tom Chaplinsky, Building Inspector, stated this property is located at 1113
Tangerine st. The property was inspected June 15th at the request of the Police
Dept. There arc m:rnorous violations, some of which are serious. People are
living without water and there are no locks on the doors. City submitted
composite exhibit (Jl a-g, photographs of the property taken September 9, 19B7.
Mr. Chaplinsky stated he visited the property the morning of the hearing and there
are several additional violations including two wires tied to an extension cord
lying across a table. The downstairs east apartment has the door blocked with a
refrigerator. Seventy-five percent of the original violations still exist.
Jeralne Burt stated the east apartment was supposed to be vacated. She has
attempted to repair the property; the roof has been fixed, the sink has been put
back, and the plumbing has been fixed. Ms. Burt maintained the violations were
caused by the tenants living there.
Discussion ensued regarding whether the Building Dept. could authorize
vacation of the building without involving the Code Enforcement Board. Tom
Chaplinsky emphasized this is not the first time this property has gone to the
Code Enforcement Board; it is a recurring violation.
o
12.
9/09/87
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Mr. Amburgy moved that concerning Case No. 147 -87 regarding violation of
Section 138.02 of the Clearwater City Code on property having a legal
description of Lot 2B, B1k. D, Greenwood Park #2 a/k/a 1113 Tangerine St., the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 9th day of September, 19B7, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
Fact, Conolusions of Law, and Order.
The Findings of Faot are: after hearing testimony of Tom Chaplinsky,
Building Inspector, and Jeralne Burt and viewing the evidence, exhibits submitted:
City exhibit #1 a-g, it is evident that there are unsafe conditions as listed in
the Bill of Particulars issued by Torn Chaplinsky on June 17, 1987.
The Conolusions or Law are: Jeralne Burt is in violation of Section 138.02
of the City Code.
o
It is the Order of this Board that Jeralne Burt shall comply with Section
138.02 of the Code of the City of Clearwater by October 12, 1987. If Jerlane
Burt does not comply within the time specified, the Board may order her to pay a
fine of $150 per day for each day the violation continues to exist. If Jeralne
Burt does not comply within the time specified, a certif'ied 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, Jeralne Burt shall notify TOil Cbapli.nsky, 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,
ei ther party may request a further hearing before the Board. The motion was
duly seconded and carried unanimously.
Done and Ordered this 9th day of September, 19B7.
CASK RO. lJ&B-81
Peter V. & Michael Gianfilippo (Building Code)
The Inspector requested this case be continued to the meeting of October 14,
1987.
Mr.. Blliott moved to continue Case No. 148-B7 to the meeting of October 14,
1987. Motion was duly seconded and carried unanimously.
uta .LltlSJIBD BUSlliBSS
CASK RO. 17-87
H. Freeman/Atrium Hotel (Life Safety/Fire Code)
Afrida'Yit ot ColllpliaDoe
Bequest to address the Board re acorued ti.ne
Mr. Amburgy moved
regarding the accrued
carried unanimously.
to grant the request to Mr. Rushing to address the Board
fine in Case No. 17-B7. Ibtlon was duly seconded and
.
The Secretary to the Board was directed to send a letter to Mr. Rushing
adVising him of this action; and it was the consensus of the Board to put this
item first on the October 14th agenda.
13.
9/09/B7
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Mr. Amburgy moved to accept the Affidavit of Compliance in Case No. 17-87.
Motion was duly seconded and carried unanimously.
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The Board also requested that Dave Christiansen and Harry Mattheus be present
for- the October 14 th meeting to answer questions r-egarding compliance in this
case.
}
CASE HO. 911-81
Larr-y E. Bunting (Land Development)
Affidavit of Hon-Compliance
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Mr. Elliott moved
Order imposing the
carried unanimously.
to
fine
accept
in Case
the Affidavit
No. 94-87.
of Non-Compliance
Motion was duly
and issue
seconded
the
and
CASE NO. 106-87
Lifetime Radiator & Air Cond. Co. (Occupational License)
Arfidavit or Non-Comp1iance
Mr. Amburgy moved
Order imposing the
carried unanimously.
to
fine
accept
in Case
the Affidavit
No. 106-87 .
of Non-Compliance
Motion was duly
and issue
seconded
the
and
CASE BO. 109-81
Johanna Southern Amusement (Occupational License)
Affidavi t of Compliance
Mr. Elliott moved to accept the Affidavit of Compliance in Case No. 109-87.
Mot~on was duly seconded and carried unanimously.
A
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CASE HO. 128-87
Imperial Limousine/D. Spencer (Occupational License)
Atridavit of Hon-comp1iance
Hr. Amburgy moved to
Order imposing the fine
carried unanimously.
accept
in Case
the Affidavit
No. 128-87.
of Non-Compliance
Motion was duly
and issue
seconded
the
and
CASE RO. 130-87
Seven Oaks Service Center (Occupational License)
Affidavit of Hon-Comp1iance
Affidavit of Compliance
Mr. Elliott moved to
Order imposing the fine
carried unanimously.
accept
in Case
the Affidavit
No. 130-87.
of Non-Compliance
Motion was duly
and issue
seconded
the
and
Mr. Elliott moved to accept the Affidavit of Compliance in Case No. 130-87.
Notion was duly seconded and carried unanimously.
Lot Clearing List 87-08-2
CASE ROS. 2 & 8
William G. Blackburn
Lots 175 & 178, Tract A-II
Coachman Ridge, Sec. 7-29-16
Af'fidavits of Non-Compliance
C)
14.
9/09/87
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CODE ENFORCEMENT LOT CLEARING LIST 87-09-1, 9/9/87
1. About 605-607 Harold Cti Marshall & Brandon, W 40 ft of lots 10 & 11;
parcel ~16/29(15/55602/000/0110 & 0100. Owned by: Larry Dimmitt
Cadillac Inc, 2201 US Hwy 19 N, Clearwater, FL 34623-2102il1ac Inc, 2201
us Hwy 19 N, Clearwater, FL 34623-2102 VP
2. About 601 Harold Cti Marshall & Brandon, L 12; parcel
#16/29/15/55602/000/0120. Owned by: Dimmitt Car Leasing Inc, 2201 US 19
N, Clearwater, FL 34623-2102 VP
3. 506 Druid Rd; Wallace's Addn, Blk 4, S 53 ft of W 30.5 ft of L 10 &
vacated alley on west; parcel #16/29/15/94626/004(0101. Owned by:
Dimmitt Car Leasing Inc, 2201 us 19 N, Clearwater, FL 34623-2102 VP
4. Behind (South of) 1185 Court St; Earl Scheib Commercial Center, Blk
A, L 1; parcel *15/29/15/78880/0020. Owned by: Firestone Tire & Rubber
Co, 1200 Firestone Pkwy, Akron, OH 44317-0001 VP
S. 1553 Jefferson Ave S; SaIl, Blk H, L 2; parcel
#22/29/15/78480/008/0020. Owned by: Daniel N Ray, Mary A Ray, 1553 S
Jefferson Ave, Clearwater, FL 343616-2280 VP
6. 1841 Lombardy Dr; Woodmont Pk, L 67; parcel #02/29/15/98964/000/0870.
OWned by: Andrew J Soloman, Diana M. Tomkinson, 1841 Lombardy Dr,
Clearwater, FL 34615-2236 VP
7. 2991 Eagle Estates Cir W; Eagle Estates, L 34; parcel
#20/28(16(23638/000/0340. Owned by: W K Builders Inc, POBox 7151,
Tampa, FL 33682-7151 VP
8. 3349 Hyde Park Dr; Countryside Tract 56 Unit 1, L 1; parcel
#17/28/16/18644/000/0010. Owned by: Andre J Beau, Unit 403,
240 Windward Passage, Clearwater, FL 34615-1703 VP
~ 100 Island Way; M & B 13-06; parcel #OB/29/15/00000/130/0600.
~ned by: Mobil Oil Corp, c(o Mobil Adm Serv Co Inc, Property Tax
Division, POBox 290, Dallas, TX 75221-0290 VP
o
10. 1332 Betty Lane S; Salls Replat 3rd Addn, L 9; parcel
#22/29/15/78570/000/0090. Owned by: Janet L Haefler, George R Haefler,
1332 Betty Lane S, Clearwater, FL 33516-3502 VP
11. Vacant lot about 2314 Stag Run Blvd; Coachman Ridge Tract All, L
176; parcel #07/29/16(16862/000(1760. OWned by: William G Blackburn,
1730 US 19 N, Suite 303, Clearwater, FL 34625-1533 VP
12. 1016 Lasalle St; Palm Park, Blk D, L 9; parcel
#10/29/15/65718/004/0091. Owned by: Cleo M Trammell,
9 Wayne St, Boston, MA 02121-3006 VP
I~
V
13~ 406 Greenwood Ave Ni Plaza Park, Blk F, Lots 9 & S 50 ft of 10;
parcel #10/29/15/72000/006/0090. OWned by: Old Stone Credit Corp FL,
c/o Ruff, POBox 1288, Tampa, FL 33601 VP
1
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14.
14 ft
Urban
o
1749 Harbor Dr; Avondale, Hlk E, Lots 15
MOL); Parcel #03/29/15/01926/005/0160.
Dev, 811 Vermont Ave NW, WaShington, DC
MOt, less SE
S A HOUSing
-, -'-1-.
& 16
OWned
20410
(E; 42
by:
VP
ft
U
15. Vacant
t 179; parcel
~B ckburn,
~6 About 1530 Missouri Ave S; Carolina
- ; Parcel #22/29/15/13662/003/00BO.
Crawford, 21 MaY~ood Ave, Clearwater, PL
(;l Vacant lot about 1474 81 Tair
~cel '07/29/16/16B60/000/0860.
JOhnston, 426 King St, Westbury,
lot about 2347 Flint Lock Dr; Coachman Ridge Tract
#07/29/16/16862/000/1790. O~ned by. William G.
1730 US 19 N, Suite 303, Clearwater, PL 34625-1533
AIr,
VP
Terrace, Blk C,
OWned by: Harvey
34625-3335 VP
Lots 8,
and Grace
9, 20
B
18. Vacant
r. 1 94.
Clearwater,
Trail; Coachman
O~ned by: Arthur
NY 11590-2414 VP
Ridge Tract
Hand
AI,
Dorothy
L
86;
lot about 2415
O~ned by: William
FL 34625-1533
Old Coach Trail; Coachman
G Blackburn, 1730 US 19
Ridge Tract
N, SUite 303,
All,
2
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