10/14/1987
MUNICIPAL CODE ENFORCEMENT BOARD
o
Meeting of October 14, 19B7,
:00 p.m.
Agenda
Action
1. CASE NO. 17-81
H. Freeman/Atrium Hotel
Address the Board re fine
1. Continued to 11/18/87
PUBLIC BEARIBGS
(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.)
2. Lo~ Clearing List 87-10-1 2. None
3. Abandoned Property List 87-10-1 3. None
4. CASE HO. 99-87 Mark Schleben 4. Continued to 12/9/87
(Land Development)
Continued tra. 919/87
5. CASE HO. 101-87 Mark Schleben 5. Continued to 12/9/87
(Occupational License)
Continued ~. 919187
0 6. CISE KO. 133-87 Ms. Chris Beane 6. Withdrawn
(Occupational License)
Continued tro. 9/9/87
Complied Prior
7. CASE RO. 134-87 Pittman Office Products 1. Withdrawn
(Occupational License)
Continued trom 9/9/87
Complied Prior
8. CASE RD. 135-81 P. Bailey/Keepsake Lawn Care 8. Withdrawn
(Occupational License)
Continued trom 9/9/81
Complied Prior
9. CASE RO. 138-87 Elevator Engineering & 9. Continued to 11/18/87
Techology Inc.
(Occupational License) ------
Continued troll 9/9/81
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10/14/87
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10. CASE RO. 1411-87 F.R. Eckert/Eckert & Co. 10. Wi thdra\oJn
(Occupational License)
0 Continued tram 9/9/81
Complied Prior
11 . CASE RO. 148-87 Peter V. & Michael Gianfilippo 11. Continued to 11/18/87
(Building Code)
Continued tram 919/81
12. CASE RO. 149-87 Michael Podniestrzanski 12. Continued to 11/18/87
(Fire code)
13. CASK RD. 150-87 Michael Podniestrzanski 13. Continued to 11/18/87
(Fire Code)
14. CASE RO. 151-81 Weiland Irle 14. Continued to 11/18/87
(Fire Code)
15. CASK HO. 152-81 Craig Murtha 15. Comply by 12/1/87
(Fire/Life Safety Code)
16. CASE NO. 153-81 A. Bomstein/H. Burnside/ 16. Continued to 11/18/87
Discount Marine
(Fire Code)
17. CASE NO. 154-81 D. Dinegar/Citizens America 17. Withdrawn
(Occupational License)
0 Complied Prior
18. CASB 10. 157-81 Paul D. Mattucci 18. Comply by 11/18/87
(Occupational License)
19. CASE HO. 158-87 Barry's Dining Out Guide 19. Comply by 11/18/87
(Occupational License)
20. CASE BO. 159-87 Linn Uniforms Of Clearwater 20. Withdrawn
d/b/a Uniform City USA
(Land Development)
21- CASE 10. 160-87 R. Harper/Bayway Shores Condos 21. Continued to 11/18/87
(Land Development)
22. CASE 110. 161-87 Affordable Computers 22. Continued to 11/18/87
(Land Development)
23. CASE 110. 162-87 The Leading Lady 23. Continued to 11/18/87
(Land Development)
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MURICIPAl. CODE mwDRCEHmrr Balm>
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October 14, 1987
Members present:
Robert Aude, Chairman
James Angelis
Robert Hostetler
Frank Morris
Phillip N. &lliott
Bruce Cardinal
Absent:
Tim Amburgy, Vice-Chairman (excused)
Also present:
Miles Lance, Assistant City Atto~ney
Shi~ley A. Corum, Secretary for the Board
The meeting
Commission
aggrieved
was called to order
Meeting Room in City Hall.
party may appeal a final administrative
Enforcement Board to the Circuit Court
be filed within thirty (30)
noted that Florida Statute
this Board to have a ~ecord
Chairman at 1: 0 6 p.m. in
outlined the procedu~es and advised any
order of the Municipal Code
of Pinellas County. Any such appeal must
days of the execution of the order to be appealed. He
286.0105 requires any party appealing a decision of
of the proceedings to support such an appeal.
the
the
.
CASE BD. 17-87
Atrium Hotel (Fire/Life Safety)
Address the Board re accrued fine
This
Steve
Inspections,
item was continued to
Rushing, Attorney for the
Building Department.
the
Atrium
November 18, 1987 meeting
Hotel, and Dave
at the request
Christiansen, Chief
of
of
PUBt.IC lIRlltIlfGS
CASB liD. 133-81
CASK liD. 1311-87
CASE 110. 135-87
CASB !iD. 1....-87
CASE 110. 1511-87
CASE 110. 159-87
CASE 110. 1611-81
Ms. Chris Beane (Occupational License)
Pittman Office Products (Occupational License)
P. Bailey/Keepsake Lawn Care (Occupational License)
F. R. Eckert/Eckert & Co. (Occupational License)
D. Dinegar/Citizens America (Occupational License)
Linn Uniforms of Clearwater (Land Development)
Warner Communications (Land Development)
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Mr. &lliott
been corrected.
moved to withdraw the above
MOtion was duly seconded and
listed cases as the
carried unanimously.
violations
have
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CASE NO. 148-81
Peter V. & Michael Gianfilippo (Building)
continued from 9/9/81
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CASE NO. 160-81
R. Harper/Bayway Shores Condos (Land Development)
CASE NO. 161-81
Affordable Computers (Land Development)
CASE RO. 162-81
The Leading Lady (Land Development)
CASE NO. 163-81
7-11 Food Store (Land Development)
CASE NO. 165-81
Robert Keating (Land Development)
Mr. Elliott moved to cont.1nue the above listed cases to the llovember 18,
1987 meeting. Motion was duly seconded and carried unanimously.
Mark Schleben continued from 9/9/81
CASE NO. 99-87
(Land Development)
CASE HO. 101-87
(Occupational License)
Mr. Elliott moved to continue these cases to the December 9, 1987 meeting.
Motion was duly seconded and carried unanimously.
CASE HO. 138-87
Elevator Engineering & Technology (Occupational License)
continued trom 9/9/81
e
Barbara Sexsmith, Occupational License Inspector, stated she had spoken with
the leasing office for the 1100 building, and found that Elevator Engineering and
Technology Inc. services the elevators located in the 1100 building. The certi-
fied Notice of Hearing came back unclaimed, and the Police Dapartrnent has also
been unable to serve the Notice on the alleged violator.
The Assistant City Attorney suggested using another avenue of service such as
serving the Secretary of State, as it is a corporation.
Mr. Cardinal moved to
1987 and attempt to serve
Motion was duly seconded and
con~inue this item to
the alleged violator
carried unanimously.
the
with
meeting of November 18,
the Notice of Hearing.
CASE HO. 149-81
Michael Podniestrzanski (Fire Code)
Harry Mattheus, Life Hazard Safety Inspector, stated the original inspection
was made on March 20, 1987. Since that time, he has visited the property numerous
times. He has spoken with Michael Podniestrzanski and he verbally agreed to
remove or fill the abandoned fuel storage tanks.
Ci ty submi t ted
requested the Board
tanks with concrete
alleged violator was
Exhibit U1, four photographs of the property. Mr. Mattheus
issue an order to Mr. Podniestrzanski to fill the abandoned
or sand within a reasonable time. No representative of the
present at the hearing.
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Mr. Hostetler questioned the Board's authority to hear this case as the Code
ci ted is the State Fire Marshal's Rules and Regulations which have not been
officially adopted by the City of Clearwater. It was the consensus of the Board
to have Mr. Mattheus revise the Affidavit of Violation and Request for Hearing to
cite the Life Safety Code rather than the State Fire Marshal's Rules and
Regulations.
Mr. Hostetler moved to continue Case No. 149-87 to the meeting of November
18, 1987. MOtion was duly seconded and carried unanimously.
CASK HO. 150-87
Michael Podniestrzanski (Fire Code)
This is identical to Case 149-87 involving abandoned fuel storage tanks.
Mr. Cardinal moved to continue this case to the meeting of November 18,
1987. Motion was duly seconded and carried unanimously.
elSE RO. 151-87
Weiland Irle (Fire Code)
As there was a representative of the alleged violator present at the hearing,
the Assistant City Attorney questioned whether the representative would waive the
errors in the Affidavit of Violation regarding Mr. Irle's name and the citation
of the State Fire Marshal's Rules and Regulations rather than the Life Safety
Code. The representative agreed to waive these two items.
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The representative of Mr. Irle, Michael Paulin, stated they are requesting a
time extension of 120 days because they have applied for an alcoholic beverage
conditional use to convert the property into a restaurant use. If they do not
obtain the conditional use, they may reopen a gas station; and, at that time, they
will either buy new tanks or, if they choose not to reutilize the property as a
gas station, they will fill the abandoned tanks. Mr. Paulin stated they will need
time to make this determination.
Harry Mattheus, Life Hazard Safety Inspector, stated he was opposed to the
requested time extension of 120 days since the property has been in violation
since May 5, 1987. Mr. Mattheus stated the tanks should be removed as soon as
possible as they could be leaking.
Mr. Hostetler withdrew from consideration of this item.
The Chairman of the Board suggested withholding an order in this case until
the next meeting as this would give Mr. Irle an additional month in which to find
out whether his conditional use would be approved.
Mr. Elliott moved to continue Case No. 151-87 to the meeting of November
18, 1987 and to retain the testimony already heard. Motion was duly seconded
and carried unanimously.
CASE RO. 152-87
Craig Murtha (FirefLife Safety Code)
.
Harry Mattheus, Life Hazard Safety Inspector, stated the property was
originally inspected on April 17, 1987. The fire code requires two means of
egress from the building and at least half of the required exits from the upper
floors be separated from all parts of the interior of the building. The one hour
required separation is to extend ten feet in all directions from the outside
stairs. This property is in violation as there is an outside staircase which
empties onto the first floor, not directly to the outside. Mr. Mattheus stated he
MCEB
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is requiring Mr. Murtha provide this separation with wire glass in the window
openings within ten feet of the outside stairs. The property has been reinspected
since April 17th and the corrections have not been done. City submitted Exhibit
U1, four photographs of the property.
Craig Murtha, the alleged violator, stated he disagrees with permanently
fixing the bedroom windows in place and installing the wire glass. Mr. Murtha
stated this would prevent any exit from the bedrooms onto the outside fire
escape. People would have to go through the living room to the fire escape exit
which Mr. Murtha felt could trap people the building in case or a fire.
The Assistant City Attorney stated the Board is to enforce the Code
regardless or whether the Board agrees with the Code as stated.
Mr. Murtha was questioned whether Mr. Mattheus had explained what the Code is
trying to accomplish. Mr. Murtha stated he had but it did not make any sense to
him.
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The Chairman of the Board explained to Mr. Murtha the Board does not have the
authority to make discretionary decisions. The Board's purpose is to enforce the
Code.
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Mr. Cardinal moved that concerning Case No. 152-87 regarding violation of
Sections 19-2.1.1 and 5-2.2.3.2, RFPA 101 of the Clearwater City Code on
property having a legal description of Centroid Rouse's, J. H. Sub., Blk. 1,
Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 14th day of October, 1987, and based on
the evidence, the Municipal Code Enforcement Board enters the rollowing Findings
of Faot, Conclusions or Law, and Order.
The FindiDgs of Pact are: after hearing testimony of Harry Mattheus, Life
Hazard Safety Inspector, and Craig Murtha and viewing the evidence, exhibits
submitted: City composite exhibit 111, it is evident that there is no proper
separation provided for the means of egress from the building.
The CoDClU8~ODS or Lau are: Craig Murtha is in violation of Sections
19-2.7.1 and 5-2.2.3.2, NFPA 101.
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It is the Order of this Board that Craig Murtha shall comply with Seotions
19-2.7.1 and 5-2.2.3.2, NFPA 101 of the Code of the City of Clearwater by
Decaber 1, 1987. If Craig Murtha 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 Craig Murtha 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 viola tor
pursuant to Chapter 162, Florida Statutes. Upon complying, Craig Murtha shall
notify Barry Hattheus, 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. MDt~on was duly seconded and carried unanimously.
Done and Ordered this 14th day of October, 1987.
MCEB
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10/14/87
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CASE HO. 153-81
A. Bomstein/R. Burnside/Discount Marine (Fire Code)
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This case, was also cited under t.he State Fire Marshal's Rules and
Regulations.
Mr. Card inal
meet.ing in order
amended to stat.e
and Regulations.
moved to continue Case No. 153-87 to the November 18, 1987
that the Affidavit of Violation and Request for Hearing can be
the Life Safety Code rather than the State Fire Marshal's Rules
MOtion was duly seconded and carried unanimously.
Mr. Aude stated he has a conflict of interest with this case and would
withdraw from consideration at the November meeting.
CASK RD. 151-81
Paul D. Mattucci (Occupational License)
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Barbara Sexsmith, Occupational License Inspector, stated on October 7th she
had spoken with Mr. Mattucci's wife who stated Mr. Mattucci is in business at the
400 Bdgewood address. On October 9th, Mr. Mattucci came into the Occupational
License Division, picked up an applic;:\tion, but has not returned same. City
submitted Exhibit n1, a copy of Mr. Mattucci's letterhead which reads Paul D.
Mattucci Ceramic and Marble, 400 Edgewood Ave., Clearwater, Fla. 33515,
813/446-6930.
There was no representative of the alleged violator present at the hearing.
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Mr. Angelis moved that concerning Case No. 157-87 regarding violation of
Section 71.02 of the Clearwater City Code on property having a legal description
of Lot 22, Glenwood Estates Addn. 9-56, the Municipal Code Enforcement Board has
heard testi~ony at the Municipal Code Enforcement Board hearing held the 14th day
of October, 1987. and based on the evidence, the Municipal Code Enforcement Board
eaters the following Findings ot Fact, eonclusions ot Law, and Order.
The F1.ndings or Fact are: after hearing testimony of Barbara Sexsmith,
Occupational License Inspector, and Viewing the evidence, exhibits submitted: City
exhibit '1 (letterhead), it is evident that a business does exist at the above
address without a current occupational license.
The Conc1usions of Law are: Paul Mattucci is in violation of Section
11.02.
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It is the Order of this Board that Paul Mattucci shall comply with Section
11.02 of the Code of the City of Clearwater by November 18, 1987. If Paul
Mattucci does not comply within the time specified, the Board may order him to pay
a flne of $25.00 per day for each day the violation continues to exist. If Paul
Mattucoi does not comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the public records of P inellas 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, Paul Mattucci shall notify Stu Wi111am.s, 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 reqL1est a further hearing before the Board. Motion was duly
seconded and carried unanimously.
Done and Ordered this 14th day of October, 1987.
MCEB
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eASE 10. 158-81
Barry's Dining Out Guide (Occupational License)
Barbara Sexsmith, Occupational License Inpsector, stated she had spoken with
an answering service for Barry's Dining Out Guide but not with anyone personally.
However, Stu Williams, Occupational License Inspector, spoke with someone on
August 14, 1987. When informed a City of Clearwater occupational license was
needed, the person stated he would be in to pick up an application. No one to
date has been in to the Occupational License Division to pick up an application.
City submitted Exhibit n1, a copy of Barry's Dining Out Guide publication.
No representative of the alleged violator was present at the hearing.
MI". Cardinal moved that concerning Case No. 158-87 regarding violation of
Section 71.02 of the Clearwater City Code, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 14th
day of October, 1987, and based on the evidence, the Hunicipal Code Enforcement
Board enters the fOllowing Findings or Fact, Conclusions o~ Law. and Order.
The Findings or Fact al"e: after hearing testimony of Barbara Sexsrnith,
Occupational License Inspector, and viewing the evidence, exhibits submitted: City
exhibit Dl (sample of publication), it is evident that there is a business
operating at the above address and no current occupational license exists.
The Conclusions o~ Law are: Barry's Dining Out Guide is in violation of
Section 71.02.
It is the Order of this Board that Barry's Dining Out Guide shall comply
with Section 71.02 of the Code of the City of Clearwater by loveDlber 18. 1987.
If Barry's Dining Out Guide does not comply within the time specified, the Board
may order them to pay a fine of $25.00 per day for each day the violation
continues to exist. If Barry's Dining Out Guide 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, Barry's Dining Out
Guide shall notify Stu Williams, the City Official who shall inspect the
property and notify the Board of compliance. Should the violation recur, the
Board has the authority to impose the fine at that time without a subsequent
hearing. Should a dispute arise concerning compliance, either party may request a
further hearing before the Board. Motion was duly seconded and carried
unanimously.
Done and Ordered this 14th day of October, 1987.
lJHll"IIIISHED BUSIHBSS
Lot Clearing List 87-08-2
CASE ROS. 2 & 8
William G. Blackburn
Lots 175 & 178, Tract A-2
Coachman Ridge, Sec. 7-29-16
Atrida'fit. or Compliance
Mr. Angelis moved to accept the Affidavit of Compliance in Case Nos. 2 & 8 of
Lot Clearing List 87-08-2. MOtion was duly seconded and carried unanimously.
MCEB
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10/14/87
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CODE ENFORCEMENT LOT CLEARING LIST 87-10-1. 10/14/87
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1. About 1359 One Kapok Terr; One Kapok Terrace LTD Less
Buildings (Phases 1,2,3,4); parcel #09/29/16/64101/000/0000.
OWned by: Al Winnier, Neal Goforth, & Jack Lobianco, (General
Partnership) One Kapok Terrace LTD, 1315 McMullen Booth Road,
Clearwater, FL 34619-3223 VP
2. Vacant lots at 1457-1463 Court St; Breeze Hill Sub, B1k A, Lot
6; parcel #14/29/15/10854/001/0060. Owned by: Panfi1i, Theresa
A, P. O. BOK 355, Bridge Stn, Niagara Falls, NY 14305-0355 VP
3. Vacant lot at 105 K Drive; Stewart Sub, Lot 7; parcel
#16/29/16/85455/000/0070. OWned by: H L Ma donald, 3158
MacDonald Dr, Clearwater, PL 33519-6713
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4. Vacant lot at 1666 Lee Rd; Coachman Ridge Tract A3, L 256,
parcel #06/29/16/16863/000/2560. OWned by: Blackburn William G,
1730 202 US 19 N, Clearwater, PL 34625-1533 VP
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5. Vacant lot at 1677 Lee Rd; Coachman Ridge Tract A3, L 254,
parcel #06/29/16/16863/000/2540. Owned by: Blackburn William G,
1730 202 US 19 N, Clearwater, PL 34625-1533 VP
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6. Vacant lot at 2355 Wetherington; Coachman Ridge Tract A3, L
252, parcel i06/29/16/16863/000/2520. OWned by: Blackburn
William G, 1730 202 US 19 N, Clearwater, FL 34625-1533 VP
7. Vacant lot at 2366 Wetherington; Coachman Ridge Tract A3, L
251, parcel #06/29/16/16863/000/2510. Owned by: Blackburn
William G, 1730 202 US 19 N, Clearwater, FL 34625-1533 VP
8. Vacant lot at 2344-1710 Wetherington Rd; Coachman Ridge Tract
A3, L 246, parcel #06/29/16/16863/000/2460. OWned by: Blackburn
William G, 1730 202 US 19 N, Clearwater, FL 34625-1533 VP
9. Vacant lot at 1733 Casey Jones Ct; Coachman Ridge Tract A3, L
250, parcel #06/29/16/16863/000/2500. Owned by: Blackburn
William G, 1730 202 US 19 N, Clearwater, FL 34625-1533 VP
10. Vacant lot at 1734 Casey Jones Ct; Coachman Ridge Tract A3, L
24B, parcel #06/29/16/16863/000/2480. Owned by: Blackburn
William G, 1730 202 US 19 N, Clearwater, FL 34625-1533 VP
11. Vacant lot at 1753 Pamelia St; Highland Estates of CLW 2nd
lot #2 BLK G 2/29/15/38719/007/0020. OWned by: Orange/Blue
Constr 1131 Orange Tree Circle W , Palm Harbor PL 33563-7060 VP
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CODE ENFORCEMENT LOT CL&ARING LIST 87-10-1. 10/14/87
ABANDONED PROPERTY LIST 87-10-1, 10/14/87
OWNER OF PROPERTY
OWN~R OF ABANDON~D PROPERTY
A. Madsen Luella I
910 G1enwood Avenue
Clearwater, FL
North
33515-5408
Dimeo Fiore C
13827 61st Way
Clearwater, FL
North
33520
1964 Ford Custom four door Sedan VIN# 4A52C164000
B. Madsen Luella I
910 Glenwood Avenue North
Clearwater, FL 33515-5408
Madsen Luella I
910 G1enwood Avenue North
C1ea~water, FL 33515-5408
1976 Gran Torino Ford four doo~ Sedan VIN# 6A33HI09152
2