11/18/1987
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MUNICIPAL CODE ENFORCEMSNT BOARD
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Meeting of November 18, 1987, 1:00 p.m.
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Action
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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 Withdrawn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)
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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 Withdrawn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 Withdrawn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
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11/18/87
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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 Withdrawn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 Withdrawn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 Withdrawn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 Withdrawn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 Withdrawn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
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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
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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
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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.
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CEBA
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11/18/87
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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
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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
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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.
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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.
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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
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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
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CASE RO. 169-87
MGA Communications
(Building Code)
Complied Prior
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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.
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City submitted composite exhibit #1, eight photographs of the property.
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Discussion ensued regarding the fact that if the property is sold, the
new owner will have to be cited.
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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.
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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.
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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.
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11/18/87
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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)
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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.
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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
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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
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CASE HO. 1116-81
Jeralne Burt
Atridvit or Comp11ance
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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
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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
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The meeting adjourned at 3:12 p.m.
S cretary
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