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11/18/1987 " " ~ .; MUNICIPAL CODE ENFORCEMSNT BOARD I~ "-/ Meeting of November 18, 1987, 1:00 p.m. ..)-;&~~\,"~...\t.~.,,~'c.'l.'4'$-..l'~"'I~\N<1~'~Dda Action , . CASK HO. 11-87 1. Continued to 12/9/87 H. Freeman/Atrium Hotel Address the Board re f'ine (At the time a case is heard and date same time set the fee to be assessed shall at. set for compliance the Board in case or non-compliance.) the 2. Lot Clearing List 87-11-01 2. A. CASE HD. 1 George & Barbara Parrow A. Comply by 12/9/87 Windsor Woods Sub 2, Lot 18 3. Abandoned Property List 87-11-01 3. No Cases 4. CASE HO. 138-81 Elevator Engineering & 4. Withdrawn Techology Inc. (Occupational License) Continued from 10/14/87 Complied Prior 5. CASK HO. 1118-87 Peter V. & Michael Gianfilippo 5. Continued to 12/9/87 @ (Building Code) " ,- ' Continued from 10/111/87 6. CASK HO. 1119-81 6. Continued to 12/9/87 Michael Podniestrzanski (Fire code) Continued from 10/111/87 7. CASK HO. 150-87 7. Continued to 12/9/87 Michael Podniestrzanski (Fire Code) Continued from 10/111/87 8. CASK lIO. 151-81 Weiland Irle (Fire Code) Continued from 10/lJ1/87 Complied Prior 8. Withdrawn 9. CASK 1i0. 153-87 A. Bomstein/H. Burnside/ Discount Marine (Fire Code) Continued fro. 10/111/87 9. Continued to 12/9/87 10. CASE YO. 160-87 R. Harper/Bayway Shores Condos 10. Withdrawn (Land Development) Continued from 101111/87 Complied Prior ~"" (.,"" ;) \':':1.1',,,,\' CEBA 11/18/87 1. ,- _ _.R~~ ....,..._________~__It 11. CASE HO. 161-81 Affordable Computers 11. Withdrawn (Land Development) 0 Continued f'rom 10/111/81 Complied Prior 12. ClSE KO. 162-81 The Leading Lady 12. Withdrawn (Land Development) Continued from 10/111/81 Complied Prior 13. CASE 110. 163-81 7-11 Food Store 13. Continued to 12/9/87 (Land Development) Continued from 10/111/81 14. CASE YO. 165-81 Robert Keating 111. Continued to 12/9/87 (Land Development) Continued !"rom 10/n/81 15. CASE HO. 166-87 C. Harris/Deals N' Wheels 15. Withdrawn (Land Development) Complied Prior 16. CASE 110. 161-87 R.W.&B. Southwood/A&S Printing 16. Withdrawn (Land Development) Complied Prior 17. CASE KO. 169-87 MGA Communications 11. Withdrawn (Building Code) @ Complied Prior " ' '<;- 18. CASE YO. 170-87 D. Bossey, Jr. & M. Eisenbise 18. Comply by 12/9/87 (Life Safety/Fire) UHFIBISHED BUSINESS 19. Lot Clearing List 87-07-01 19. A. CASK HO. 18 A. Miller, Jr./R. Mills A. Accepted Aff'idavit of' Compliance B. CASE RO. 20 Andrew Miller B. Accepted Affidavit of' Compliance 20. Lot Clearing List 87-07-02 20. A. CASE RD. 13 P. R. Joseph/T. H. Pugh A. Accepted Aff'idavit of' Compliance 21. Lot Clearing List 87-08-01 21. A. CASK BO. 1 Azzie L. Wiley A. Accepted Affidavit of' Com:pliance @ _..1.., :"),':'; CEBA 2. 11 /1 8 /87 ,'f, ,. 22. Abandoned Property List 87-09-01 22. 0 A. CASE 110. 3 Joseph C. Kaleda A. Accepted Affidavit of Compliance 23. Lot Clearing List 87-09-02 23. A. CASK 110. 7 Estate of Mack Dixon A. Accepted Affidavit of Compliance 24. CASK 110. "9-87 Jeralne Burt 211. Acceptedj Issued Affidavit of Non-Colllpliance order imposing fine 25. CASK RD. '113-87 Roberto DiGiovanni 25. Acceptedj Issued Affidavit of Non-Coapliance order imposing fine 26. CASK RD. '116-87 Jeralne Burt 26. Accepted Affidavi t of' Compliance 27. CASK RO. 1117-87 Jeralne Burt 2:1. Acceptedj Issued Affidavit of Non-Compliance order imposing fine 28. CASK liD. 157-87 Paul D. Mattucci 28. Accepted Affidavit of COlIIPliance 29. CASK liD. 911-87 Larry Bunting 29. Granted for 12/9/87 Request to address the @ Board re accrued fine "~., .~r 0TBIm BOARD ACTION 30. Lien status Report 30. Reviewed HEW BUSlBESS 31- Discussion - Rules and Regulations 31. Continued to 12/9/87 32. ~UT~ - October 14, 1987 32. Approved as submitted 33. ADJOURN 33. 3: 12 p.m. e CEBA 3. 11/18/87 , J'. .~., .. r~ I." " .~ ., ,1 ,,' '.. '. :,' ~~lIMJIIll,,~...._ '~''''rWIo<If~~'"-_~'~M&1'!'~'''~'''''''"<t Lot Clearing List 87-11-1 for Code Enforcement of November 18, 1987 Meeting 1. 1627 Windsor Drive; Windsor Woods 02/29/15/98321/000/0180, Owned by: 240 Windward Passage, Clearwater, FL Sub 2, Lot Parrow George 33515. 18: parcel W/Barbara M, 2. 908 Brookside Drive; Druid Acres 2nd Lot 22; parcel 13/29/15/22662/000/0220. Owned by: Anne Nicholson, 220 Belleviw Blvd, Unit 202, Belleair, FL 33516-1954. 3. 2774 Dovewood Street; Wood parcel 8/29/16/99100/007/0180, Edwards, PO Box 85101, Sandago, Valley Unit Owned by: CA 92138. 2, BLK Bo 7, Lot 18; West Corp., Demmons 4. 28 ; 2810 Vacant lot at 1122 Sunset Point parcel 3/29/15/88092/00/0280. Surnmerdale North, Clearwater, Road: Sunset Point Owned by: Micheal FL 34621-2937. Replat Lot P Lamb, 5. 870 Narcissus Ave; Mandalay OS/29/15/54666/031/0070 Karet 71 McCaul Street, Canada MST2X1, Sub Owned by: Village on .. " .~ ' ,~... .,--.- ," I.' , ,,"i, ~ ; r" , ~;: ~.' ..,~. '.' '. ," . .~ ,j' ',' :r I',',' , ~, (. , :,. ~'" " : ...., J'~'"~!x~'t1:Y~-.bt~ ''{I'''fwt " 'J.:~';"".~~",j~..;.....~i~:"'I....__:.'t:~":"~It~~.. t ..'_~~;!'>.:.r:;;:A!~tm:,: o Mr. Rushing stated MI". Freeman has spent over $70,000 in making the necessary repairs to the structure. They are requesting that the fine be reduced or totally forgiven. At the very least, they feel the fine should stop on the date of the evacuation order. Mr. Elliott stated he felt it was inappropriate that the Board members received individu~l letters from MI". Rushing regarding the Atrium Hotel. He also disagreed with the statement in the letter that "it is the Board's policy to roll back fines". Mr. Elliott stated he felt the Atrium had been given adequate opportunity to meet the compliance dates prior to evacuation. Discussion ensued regarding the amount of money involved in the fine and the fact the order was broken down into three parts. The consensus of the Board was to obtain further information as to the sequence of events on compliance in orJer to determine whether the fine should be reduced. Mr. Elliott moved to continue this item to the meeting of December 9, 1987 to allow the information regarding the sequence of events to be provided to the Board members for their review. Motion was duly seconded and carried unanimously. PUBLIC BEARINGS Lot Clearing List 87-11-1 CASE NO. 1 George & Barbara Parrow 1627 Windsor Drive; Windsor Woods Sub. 2, Lot 18 r, V Vern Packer, Sanitation Inspector, stated he cited 18 lots in this subdivision as being overgrown with vegetation. The lots have been purchased and homes are now being built in the area; however, there is still high vegetation and some debris. City submitted composite exhibit #1, two photographs of the property. The owner was determined through the property appraiser' s office as George and Barbara Parrow. Mr. Packer stated he spoke with them by phone and there was a miscommunication regarding what the City required for clearing the lot. Mr. Packer stated the rest of the lots are now in compliance; lot 18 still needs to be cleared. Barbara Parrow, owner of the property, stated there was a miscommuni- cation; her husband misunderstood Mr. Packer's directions. They have now contracted to build a house on the property and are waiting for bank approval. Mrs. Parrow requested a time extension of two weeks in order to begin building on the property. When questioned whether that would be agreeable, Mr. Packer said it would. €)"", ",!,'.";, ., MI". Angelis moved that concerning Case No. of Lot Clearing List 87-11-1 regarding violation of Chapter 95 of the Clearwater City Code on property having a description of: Windsor Woods Sub. 2, Lot 18; Sec. 2-29-15 a/k/a 1627 Windsor Drive, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 18th day of November, 19B7, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. GEB 2. 1111B/87 . /. .', r>" '" -~. ~~ ~:.~:: .J." J .,/--.,.: .:.:." ,.' " ',; ," , , . F ~. .",,'!I;;1" ',:.', ' " , ' . ~t.!t,~lVt?;r.",;<Mifi'<';"'cm.."":"".._ ' , " . :J:" .{/t....!"'I;,-......"...J.".1,.:,;.,;7,l.l.;4'"~\W.)~no..t~~;r....--.......-_____. , , , ' ___~.r.......aot.lill..W_"~'I"_....u..r'\or.-'I"'>-.,.....,,"'1~~:u"Mll<'t;q~.....___~...~...~_~~...'1to~G;.~t.l,;~r~.., ~1 o The Findings of Fact are: After hearing the testimony of Vern Packer, Sanitation Inspector and Barbara Parrow and viewing the evidence, exhibits submitted: City composite exhibit 1/1, photographs of the property, it is evident that there does exist excessive weed and/or plant growth, debris and trash at the above address. The Conclusions of Law are: George and Barbara Parrow are in vic~ation of Chapter 95 of the City Code. It is the Order of this Board that George and Barbara Parrow shall comply with Chapter 95 of the Code of the City of Clearwater by December 9, 1987. Upon failure to comply within the time specified, the Sanitc:tion Division shall arl'ange 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, George and Barbara Parrow shall noti!'y Vern Packer, the City Official who shall inspect the property and noti fy the Board of compliance. 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 18th day of November, 1987. CASE RO. 138-87 Elevator Engineering & Technology Inc. <Occupational License) Continued from 10/14/81; Complied Prior ~ V CASE NO. 151-87 Weiland Irle (Fire Code) Continued from 10/14/81; Complied Prior CASE NO. 160-87 R. Harper/Bayway Shores Condominiums (Land Development) Continued from 10/14/81; Complied Prior CASE NO. 161-87 Affordable Computers (Land Development) Continued from 10/14/81; Complied Prior CASE RO. 162-81 The Leading Lady (Land Development) Continued from 10/14/87; Complied Prior CASE &0. 166-81 C. Harris/Deals N' Wheels (Land Development) COlllPlied Prior CASE &0. 161-81 R.W. & B. Southwood/A & SPrinting (Land Development) COlllPlied Prior ~ \0 CEB 3. 11/18/87 '.'J, r- ~. , ,I ','/Ii"";",':, ',', ','" ';:.'.'\",!iDiiP,1\~~f~~."'~_,.....~ ,~......_t._~'-:~'11.fMij~'tlI; ~, .. II....-_-"~-~---.-..- CASE RO. 169-87 MGA Communications (Building Code) Complied Prior o Mr. Elliott moved to withdraw the above listed cases as the violations have been corrected. Motion was duly seconded and carried unanimously. CASE RO. 149-87 Michael Podniestrzanski (Fire Code) Continued from 10/14/87 CASE RO. 150-87 Michael Podniestrzanski (Fire Code) Continued from 10/14/87 CASE RO. 163-87 7-11 Food Store (Land Development) Continued fro. 10/14/87 CASE RO. 165-87 Robert Keating (Land Development) Continued from 10/14/87 The Inspectors have requested these cases be continued to the meeting or December 9, 1987. ED Mr. Cardinal moved to continue the above listed cases to the meeting of December 9, 1987. Motion was duly seconded and carried unanimously. CASE RO. 148-87 Peter V. & Michael Gianrilippo (Building Code) Continued from 10/14/87 Charles Perry, attorney for disputing the violation charge. property have now been removed. sell the property to an artist who the contract, the purchaser will property. Mr. Gianfilippo, stated his client The trash and debris that were buried Mr. Gianfilippo has a signed is planning to make it into a studio. make the necessary renovations to is not on the contract to In the Tom Chaplinsky, Building In~pector, stated for bUilding, electrical or plumbing work. further deterioration has now been revealed serious than he had originally thought. classify the building as unsafe; it is not in need of major structural work. There is a effect and no work is being done at this time. permits have been Chaplinsky stated and the viola tions Mr. Chaplinsky stated danger of collapse, but is stop work order currently are he more would no Mr. issued that in in Mr. Angelis expressed concerns regarding the buyer not knowing the extent of repairs necessary on the property he is purchasing. The Assistant City Attorney stated the derects are open and obvious. ~ ~~.1 City submitted composite exhibit #1, eight photographs of the property. CEB 4. 11/18/87 " ........"f-. "G ~ ' ,',' ; :' ,. , . ....,.... 'K' " , . .' - . " , /. . ,', ' \:':~f7vY,'t;j~lf~.~ :ffb~-;.~ ......l~_ .t:.,~,_...,,~,,;';-.~...~j~..,~1.t!t~...~ft.~_ ~ '" . ' .....___._._._.. __.._ _.....;.____,...,.....__...........~..~.~._~~t...____..___~_____,___~___,_.._.~_:...___,._.--..w~; . ~ Discussion ensued regarding the fact that if the property is sold, the new owner will have to be cited. I o Consensus of the Board was to continue this item to allow time for Mr. Gianfilippo to sell the property. Mr. Cardinal December 9, 1987. moved to continue Case No. 148-87 to the meeting Motion was duly seconded and carried unanimously. C~E NO. 153-87 A. Bomstein/R. Burnside/Discount Marine (Fire Code) Continued from 10/14/87 Joel Gregg, attorney representing A. Bomstein/R. Burnside/Discount Marine, stated that the owners of the property agree there are fuel tanks on the property and they are not being used at this time. They do not agree, however, that they are in violation of the Fire Code. Alan Bomstein, one of the five partners owning the property, stated Harry Mattheus, Life Hazard Safety Inspector, has directed them to fill the abandoned tanks with concrete. Mr. Bomstein disagrees with filling the tanks with concrete and wishes to use an alternative material, such as water or sand. He feels it is unreasonable to expect them to fill the tanks with concrete, and is requesting a simpler solution be found. Mr. Bomstein stated he felt the tanks could be certified by an engineer that they are empty and then sealed permanently. () The Assistant City Attorney stated the only factual dispute in this case is what the tanks should be filled with. Harry Mattheus, Life Hazard Safety Inspector, stated the State Fire Marshal's Rules and Regulations provide that the tanks be filled with a solid, inert, non-shrinking material. Mr. Mattheus stated the tanks could be filled with sand; however, the top of the tank would have to be removed and the underground piping capped. City submitted composite exhibit 111, four photographs of the property. The Assistant City Attorney questioned whether the Fire Department would accept the tanks being filled with sand if they could be filled all the way to the top. Mr. Mattheus stated he would need an engineer's statement to that effect. Mr. Mattheus emphasized this case has been going on since March and he requested the Board resolve the issue. Mr. Bomstein stated the property was purchased for redevelopment. They intend to make it into an office building; however, with the abundance of office space available in Clearwater at this time, they do not intend to develop it immediately. At this time, it is leased to a marine dealer; however, the marine dealer could discontinue leasing the property and the next tenant might require the tanks. Mr. Bomstein stated they would remove the tanks when the property is developed as an office building. I!,~ G Attorney Gregg stated the Board has the discretion to decide whether State Fire Marshal's Rules and Regulations regarding inert material permissive or mandatory. When questioned when the owners plan to develop property, it was stated it would be several years away. CEB 11/18/87 5. ~ :, '.I',.~.,:~" - of the are the " ~ r- ~ , " " " ',; ';' . l, >~ .{~!i~~??~,~~:tr~u1:~~~~tl~4{.A~1'D>~__.., _..-:........_.....""..,~......~_!'!tlIO'_'"'""~lr.tM>I\\.~:.;"U'_ll,1t'4.~l!1""';.,.JI>'l'>ilrJ'...~~;h.I~...'A..~iIl...ollH.a..:".1\'Oo.......ttt:;1~.~.,.(<l~)~tt.'I&II~~"''''~Nt!a::tn,~~:.t.''t::i~J~~ttc~.: o The Assistant City Attorney stated the present condition has existed for over 90 days. The State Fire Marshal's Rules and Regulations provide that, if the condition exists over go days, it is not temporarily out of service. He emphasized the questions before the Board are whether the tanks are abandoned or at least temporarily out of service, and whether filling the tanks to meet the State Fire Marshal's Rules and Regulations and the NFPA Code would require a solid, inert, non-shrinking material. Discussion ensued regarding contacting the State Fire Marshal's Office to get a determination regarding acceptable material for filling the tanks. Mr. Elliott moved to continue Case No. 153-87 to the meeting of December 9, 19B7 in order to obtain testimony from the State Fire Marshal's Office to resolve the questions before the Board. Motion was duly seconded and earried unanimously. CASE 50. 170-81 Donald Bossey/Mary Eisenbise (Life Safety/fire) r:~~ ,"-'! Karl Whittleton, Life Hazard Safety Inspector, stated a routine inspection on September 1, 1987 at this apartment complex revealed that several of the units had no smoke detectors and there was only one fire extinguisher on the premises. Code requires one battery operated smoke detector in each unit. Mr. Whittleton stated he could not gain access to all apartments but did talk to the resident manager. On his third inspection to the property, there was an additional extinguisher; however, at subsequent inspections, it was observed this extinguisher had disappeared. As of the Monday prior to the hearing the violations exist. Randy Corrigan, resident manager of the apartment complex, stated he agrees the violations exist; he is requesting the Board give him a seven day time extension in order to install the smoke detectors and provide the fire extinguishers. Mr. Angelis moved that concerning Case No. 170-B7 regarding violation of Sections 19-3.~.~.1, IFPA 101 and 1-1, IFPA 10 of the Clearwater City Code on property having a legal description of Magnolia Park, Blk. 25 I Lot 11 a/k/a 80B g. Druid Rd., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 18th day of November, 1987, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Find1.ngs of Pact are: After hearing testimony of Karl Whittleton, Life Hazard Safety Inspector and Randy Corrigan, Resident Manager, it is evident there is a lack of smoke detectors and fire extinguishers for the apartments at the above address. e , .' ". r~, I' , ~ , , . , . ":_~~~:\j~i~~"\\~'i'lt..;1_~_",\\IlI""",..\~,..............._.....""""'_,...,"m",,,,,,;,,'''>-1'o.V'.:;.='tr~~\;!l'::t:.~~:~;Jt~~~.t~~~I\'iI.."...~brlt~::', o The Conclusions or violation of Sections Order of this Board that with Sections 19-3.4.4.1, NFPA of Clearwater by December 9, not comply within the time of $10.00 per day for each day Bossey, Jr./Mary Eisenbise certified copy of the Order records of Pine lIas lien against the land, and a lien violator pursuant Bossey, who Bossey, Jr./Mary Eisenbise are 101 and 1-1, NFP Ala. Jr. /Mary Eisenbise shall 1-1, ~FPA 10 of the Code of the City If Donald Bossey, Jr./Mary Eisenbise do specified, the Board may order them to pay a fine the violation continues to exist. If Donald do not comply within the time specified, a imposing the fine may be recorded in the public County, Florida, and once recorded shall constitute a land 011 which the V'iolation exists if the violator owns the against any other real or personal property owned by the to Chapter 162, Florida Statutes. Upon complying, Donald Jr. /Mary Eisenbise shall notify Karl Whittleton, the City Official 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 carr~ed unanimously. Law are: 19-3.4.~.1 , Donald 101 1987. Donald ~FPA Bossey, and It In is the comply Done and Ordered this 18th day of ~ovember, 1987. ulil" ~ffISBED BUSIBBSS Lot Clearing List 87-07-01 o V CASE RO. 18 A. Miller, Jr./R. Mills Arridavi t or ColIP11ance CASE RO. 20 Andrew Miller Affidavit or CoIIP1181lce Lot Clearing List 87-07-02 CASE RO. 13 P. R. Joseph/T. H. Pugh Arfidavit ot ColIIPlianoe Lot Clearing List 87-08-01 CASE RO. 1 Azzie L. Wiley Arrldavi.t ()f' ColIIPliance Lot Clearing List 87-09-01 CASE RO. 3 Joseph C. Kaleda Atfldavi.t ()f' Coapliance Lot Clearing List 87-09-02 CASE BO. 1 Estate of Mack Dixon Af't'ldav:l.t of' Coapliance A Q r- ~ i. ~~.:::,~:.'!i.'~~- CASE HO. 1116-81 Jeralne Burt Atridvit or Comp11ance o CASE HO. 151-81 Paul D. Mattucci Affidavit of Compliance Mr. Angelis moved to accept the Affidavits of Compliance in the above listed cases. MOtion was duly seconded and carried unanimously. CASE BO. 119-81 Jeralne Burt Art1.da9'lt or Hon-<:Ollpliance CASE BO. 1113-81 Roberto DiGiovanni Af't1.da9'it of' Hon-Compliance CASE 80. 1111-81 Jeralne Burt Af'tldavi~ or Mon-Compliance Mr. Elliott moved the orders imposing seconded and carried to accept the fines in unanimously. the Affidavits of Non-Compliance and the above listed cases. Mo~ion issue was duly CASE 110. 911-81 Larry Bunting Request to address the Board re accrued fine A V Mr. Angelis moved regard ing the accrued 1987. MOtion was duly to grant Mr. Bunting's request to fine in Case No. 94-87 at the meeting seconded and carried unanimously. address the Board of December 9, otmm BOARD ACTIOK The Lien Status Report was reviewed. IIRV BUSIBRSS Discussion of the Rules and Re~ulations The consensus of the Board was to continue this item to the meeting of December 9, 1987. the The Board Attorney stated he would Bnforcement Board subpoenas and the problem a case prior to it coming to the Board. set a meeting to discuss procedures. like to have procedures, a meeting with particularly that no number is The consensus of the Assistant City regarding Code addressing the issuance of assigned to Board was to kUlUY!SS Mr. submitted. Cardinal moved Motion was duly to approve the minutes of seconded and carried unani October 14, 1987 as @2)',";L' ",.-.,- ~:.i<~ ' Attest: 6~~e,( /-\ . 1 '- . /1J LID-I- t. L-,,,,,,- tt- ,. The meeting adjourned at 3:12 p.m. S cretary / ,. CEB 8. 11/18/87