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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of December 9, 1987, 1:00 p.m.
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Agenda
A.ction
1 .
CASE 110. 17-87
H. Freeman/Atrium Hotel
Address the Board re rine
Continued from 11/18/87
1. Cont. to 4/13/88
PUBLIC BKARIRGS
(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. Lot Clearing List 87-12-01 2.
a. CASE HO. 2 Calvary Baptist Chur-ch a. Comply within 30 days
M&:B 13.08, Sec. 16-29-15
3. Abandoned Property List 81-12-01 3. None
4. CASE HO. 99-81 Mar-k Schleben IJ. Comply by 1/30/88
(Land Development)
Continued from 10/14/81
5. CASE 110. 101-81 Mar-k Schleben 5. Con tinued to 2/10/88
(Occupational License)
0 Continued froll 101111/81
6. CASE 110. 1118-81 Peter V. & Michael Gianfilippo 6. Continued to 1/13/88
(Building Code)
Continued froll 11/18/87
To be continued to 1/13/88
7. CASE 110. 1.119-81
7. Comply within 60 days
Michael Podniestrzanski
(Fire code)
Continued rro. 11/18/87
8. CASE RO. 150-81
8. Comply within 60 days
Michael Podniestrzanski
(Fire Code)
Continued t'rom 11/18/87
9. CASE RO. 153-87
9. Comply by 2/8/88
A. Bomstein/H. Burnsidel
Discount Mar'ine
(Fire Code)
Continued from 11/18/87
10. ClSB RO. 163-87
10. Withdrawn
7-11 Food Store
(Land Development)
Continued !'rOJa 11/18/87
COllplied Prior
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11 . CASE NO. 165-87 Robert Keating 11. Continued to 1/13/88
(Land Development)
Continued trom 11/18/81
0 12. CASE NO. 111-87 Robert Smiley d/b/a 12. Continued to 2/10/88
Office Furniture Warehouse
(Occupational License)
13. CASE NO. 112-87 Robert Smiley d/b/a 13. 'Continued to 2/10/88
City Auto Sales Inc.
(Occupational License)
14. CASE NO. 113-87 Blue Chip Cleaners Inc. 111. Continued to 1/13/88
(Occupational License)
15. CASE NO. 1111-87 Joseph Lechowski 15. Comply within 60 days
(Life Safety Code)
16. CASE NO. 115-87 G.V. Tagarus d/b/a 16. Withdrawn
All Seasons's Produce
(Land Development)
ComplIed Prior
17. CASE NO. 116-87 Sun Rain Landscaping 11. Withdrawn
(Land Development)
ComplIed PrIor
UNFIBISBED BUSINESS
CD 18. CASE HO. 311-81 Federal Downtown Bake Shop/ 18. Accepted; Directed
Marilyn Miller - discussion cancellation of lien
Af't1.davit of Compliance in name of Ms. Miller;
Refile lien in name of
Federal Downtown Bake
Shop.
19. CASE HO. 911-81 Larry Bunting 19. Reduced fine by 50%
Address the Board re tine
20. CASE HO.. 106-87 Lifetime Radiator & Air Condo 20. Accepted; Granted
Af'tJ.davit of Compliance request for 1/13/88
Letter ot request to address
the board re accru.ed tine
2" CASE RO. 1113-87 Robert DiGiovanni 21. Accepted
Af'tJ.davit or Comp1iance
22. CASE RO. 158-87 Barry's Dining Out Guide 22. Accepted; Issued
Af'tJ.davit ot Non-Compliance order imposing fine
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MUNICIPAL CODE ENFORCEMENT BOARD
December 9, 1987
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Members present:
Robert Aude, Chairman
James Angelis
Phillip N. Elliott
Bruce Cardinal
Absent:
Tim Amburgy, Vice-Chairman (unexcused)
Robert Hostetler (unexcused)
Frank Morris (excused)
Also present:
Robert Walker, Assistant City Attorney
Shirley A. Corum, Secretary for the Board
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The meeting was called to order by the Chairman at 1:10 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.
CASE NO. 17-81
Hank Freeman/Atrium Hotel
Address the Board re accrued fine
Continued from 11/18/81
Steve Rushing, attorney representing Mr. Freeman, reviewed the history
regarding this case and stated Mr. Freeman attempted to meet the compliance
dates set by the Board in its order of March 13, 1987. Mr. Rushing requested
the Board roll back part or all of the accrued fine or to stop the fine when
evacuation of the building took place.
Discussion ensued regarding what would be equitable regarding
accrued fine in Case No. 17-87. The Board ques tioned Harry Mat theus,
Hazard Safety Inspector, regarding follow-up procedures and subsequent fire
inspections at the Atrium Hotel. Mr. Mattheus stated a formal inspection
has not been made since the certificate of occupancy was issued. The Board
requested the Fire Department Collow up with additional inspections at the
Atrium and report back to them regarding the improvements that were made
to the building.
the
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Mr. Elliott moved to continue the decision regarding the fine on the
Atrium Hotel until the meeting of' April 13, 1988. The motion was duly
seconded and upon the vote being taken: Mr. Elliott,. Mr. Aude and Mr.
Angelis voted "aye". Mr. Cardinal voted "nay". Motion carried.
The consensus of the
in order to put notice
ownership.
Board was that the lien against the Atrium be filed
in the public record should tbe property change
PUBLIC BEARIHGS
Lot Clearing List 87-12-1
CASE NO.2
Calvary Baptist Church
M&B 13.08, Sec. 16-29-15
The representative from Calvary Baptist Church stated the church
purchased the property in June. The lot was mowed in September but
additional debris was revealed which the church is now in the process of
clearing. The representative of the church requested an extension of 60
days in order to clear the lot.
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Vern Packer, Sanitation Inspector, stated he has no problem with giving
the church an extension; however, since the problem goes back to July, he
does not feel 60 days should be given to complete the clearing of the
property. Mr. Packer also pointed out the storage building on the property
presents a problem with transients loitering and sleeping in the building.
The representative from the church stated the building is being used for
storage.
City submitted exhibit 111, a letter dated July 27, 1987 and composite
exhibit 112, five photographs of the property. The Board suggested Tom
Chaplinsky, of the Building Department, be contacted regarding the unsaf'e
building on the property.
Mr. Angelis moved that concerning Case No.2, Lot Clearing List 87-12-1
regarding violation of Chapter 95 of' the Clearwater City Code on property
having a legal description of M&B 13.08, Sec. 16-29-15, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 9th day of December, 1987, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of Fact,
Conclusions of Law, and Order.
The Findings of Fact are: After hearing the testimony of Vern Packer,
Sanitation Inspector, and the representative of Calvary Baptist Church and
viewing the evidence, exhibits submitted: /11 and 2 (letter and 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:
of Chapter 95 of the City Code.
Calvary Baptist Church is in violation
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It is the Order of this Board that Calvary Baptist Church shall comply
with Chapter 95 of the Code of the City of Clearwater within 30 days
(1/9 /B8). Upon failure to comply wi thin 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, Calvary Baptist Church 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.
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Done and Ordered this 9th day of December, 1987.
CASE NO. 99-87
Mark Schleben (Land Development)
Continued from 10/14/81
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Geri Doherty, Develcpment Code Inspector, stated Mark Schleben occupies
the property located at 1012 Grove Street. When Mr. Schleben requested an
occupational license, it was discovered there was inadequate parking on the
site. The number of parking spaces required is based on the square footage
of office space. Mr. Schleben has 368.5 square feet and two parking spaces
are required. The zoning is CN (Neighborhood Commercial) and the property
is residential and office both as Mr. Schleben resides on the property.
Ms. Doherty stated the two parking spaces behind the building meet the
residential reqUirements; however, there are two additional parking spaces
required for the office use.
City submitted exhibit #1, a copy of the zoning map; composite exhibit
112, five photographs or the property; /13, a copy of Mr. Schleben's lease
and a letter from Mark Schleben to Ray Wyland dated April 8, 1987; and 114,
a letter from Ray Wyland to Mark Schleben dated April 14, 1987.
Mark SChleben, the alleged violator, stated at the time he leased the
property at 1012 Grove Street, the lease covered both lots Band 9. Since
that time, another building has been constructed next door and used for
office use. The entire parcel is owned by Morris and Miles partnership.
MI'. Schleben maintains that since his lease was in effect prior to the
building at 1006 Grove St. being built, he has access to the parking spaces
on that property.
Ms. Doherty requested to delete lot 8 from the legal description on
the affidavit of violation as lot 8 is 1006 Grove St. Mr. Schleben objected
to the deleting of lot B as his lease covers both lots 8 and 9.
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Ray Wyland, Zoning Enforcement Officer, stated he reviewed the request
for an occupational license at 1012 Grove Street. At that time, he noted
this was a residential use converted to part office. He requested a parking
plan from Mr. Schleben and told him it was necessary to provide the required
parking or to seek a variance from the Development Code Adjustment Board.
Mr. Wyland stated if the parking provided at 1006 Grove Street had been more
than the minimum amount for that building, Mr. Schleben would have been
able to use the excess parking.
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Mark Schleben stated he convinced the owners to seek a variance from
the required parking for his residential/office establishment. The variance
request was denied by the Development Code Adjustment Board. Mr. Schleben
submi tted defendant exhibit 111, eight photographs of the property. Mr.
Schleben stated there are a total of 14 parking spaces on the entire parcel.
He feels he is entitled to use the parking on the entire parcel as his lease
was in existence prior to the building at 1006 being built. Mr. Schleben
stated he had a contract to purchase the property at 1012 Grove St. j however,
this has since fallen through. His lease is in effect until July of 1988.
At that time, he will take the measures necessary to conform to the City's
requirements.
Mr. Elliott moved that concerning Case No. 99-87 regarding violation
of Section 136.022 (0) (3) of the Clearwater City Code on property having
a legal description of Lot 9, Block 1, McMullen's Sarah Sub., Sec. 15-29-15,
the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 9th day of December, 1987, and based
on the evidence, the Municipal Code Enforcement Board enters the following
Findings or Fact, Conclusions of Law, and Order.
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The Findings of' Fact are: after hearing tes timony of Geri Doherty,
Development Code Inspector, Ray Wyland, Code Enforcement Officer, and Mark
Schleben and viewing the evidence, exhibits submitted, City exhibits 111-4
and Defendant exhibit 111, it is evident that Mark Sch~eben does not have
the required parking.
The Conclusions of Law are:
136.022 (c)(3).
Mark Schleben is in violation of Section
It is the Order of this Board that Mark Schleben shall comply with
Section 136.022 (c)(3) of the Code of the City of Clearwater by January
3D, 1988. If Mark Schleben does not comply within the time specified, the
Board may order him to pay a fine of $10.00 per day for each day the
violation continues to exist. Ir Mark Schleben does not comply within the
time specified, a certified copy or 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, Mark Schleben shall notify Geri 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.
The motion was duly seconded and carried unanimously.
~ Done and Ordered this 9th day of December, 1987.
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CASE HO. 1Dl-87
Mark Schleben (Occupational License)
Continued from 10/1~/87
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Mr. Schleben requested this case be continued because, due to the
problem with the parking, he is not able to obtain an occupational license.
Mr. Angelis moved
F'ebruary 10, 1988.
unanimously.
to continue
The motion
Case
was
No. 101-87 to the meeting of
duly seconded and carried
The meeting recessed from 3:30 to 3:39 p.m.
CASE RD. 111S-87
Peter V. & Michael Gianfilippo (Building Code)
Continued from 11/18/S7
The Building Inspector requested this case be continued to the January
13, 1988 meeting.
Ml" . Card lna I
January 13, 1988.
moved to continue Case No. 148-87 to the meeting
The motion was duly seconded and carried unanimously.
of
CASE RO. 1119-81
Michael Podniestrzanski (Fire Code)
Continued from 11/18/87
Harry Mattheus,
Podniestrzanski has a
storage tanks at the
Mattheus requested the
from both properties.
Life Hazard Safety Inspector, stated Michael
contract for removal of one set of abandoned fuel
property located at 1216 N. Ft. Harrison Ave. Mr.
Board set a compliance date for removal of the tanks
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Michael Podniestrzanski stated he admits the violation. He has a
contract to remove, backfill and grade the property at 1216 N. Ft. Harrison
Ave. and will have the same company remove the tanks from the property
located at 500 N. Ft. Harrison Ave. He requested the Board give him 90 days
in which to complete the removal.
Harry Mattheus disagreed with the 90 day extension and requested the
Board give a maximum of 60 days to comply.
Mr. Cardinal moved that concerning Case No. 149-87 regarding violation
of Section 2-3.11.1. BFPA 30 of the Clearwater City Code on property having
a legal description of Centroid Enghurst, 2nd Addn., E 80 ft. of lots 59
and 60 a/k/a 1216 N. Ft. Harrison Ave. the Municipal Code Enforcement Board
has heard testimony at the MuniCipal Code Enforcement Boal"d hearing held
the 9th day of December. 1987, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings or Fact. Conclusions ot
Law, and Order.
Life
that
The Findings or Fact are: after hearing testimony of Harry Mattheus,
Hazard Safety Inspector, and Michael Podniestrzanski, it is evident
there are abandoned fuel storage tanks at the above address.
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The Conclusions of Law are:
of Section 2-3.4.1, NFPA 30.
Michael Podniestrzanski is in violation
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It is the Order of this Board that Michael Podniestrzanski shall
comply with Section 2-3.4.1, NFPA 30 of the Code of the City of Clearwater
within 60 days (2/9/88). If Michael Podniestrzanski 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 Michael
Podniestrzanski 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, Michael
Podniestrzanski shall notify Harry 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,
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 December, 1987.
CASE HO. 150-61
Michael Podniestrzanski (Fire Code)
Continued from 11/18/81
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Mr. Cardinal moved that concerning Case No. 150-87 regarding violation
of Section 2-3.4.1, NFPA 30 of the Clearwater City Code on property having
a legal description of Centroid Harrington's O. Sub., Lots 1 and 2 a/k/a
500 N. Ft. Harrison Ave., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 9th day
of December, 1987, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings or Fact, Conclusions of' Law, and
Order.
Life
that
The Findings of Fact are: after hearing testimony of Harry Mattheus,
Hazard Safety Inspector, and Michael Podniestrzanski, it is evident
there are abandoned fuel storage tanks at the above address.
The Conclusions of' Law are:
of' Section 2-3.4.1, NFPA 30.
Michael Podniestrzanski is in violation
It is the Order of this Board that Michael Podniestrzanski shall
comply with Section 2-3.4.1, NFPA 30 of the Code of the City of Clearwater
within 60 days (2/9/88). If Michael Podniestrzanski 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 Michael
Podniestrzanski does not comply within the time specified, a certified copy
of the Order imposing the fine may be recorded in thc public records of
Pine1las 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
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pursuant to Chapter 162, Florida Statutes. Upon complying, Michael
Podniestrzanski shall notify Harry Hattbeus, 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 rine 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 December, 1987.
CASE NO. 153-87
A. Bomstein/H. Burnside/Discount Marine (Fire Code)
Continued from 11/18/87
No representative of the alleged violators was present at the hearing.
Harry Mattheus, Life Hazard Safety Inspector, stated during a routine
fire inspection several fire violations were noted in that there were
abandoned fuel storage tanks located on the property. The dispute has been
regarding the filling material for the abandoned tanks. Harry Mattheus
stated the NFPA Life Safety Code provides for disposing of the tanks in a
safe manner by filling with an inert, nonshrinking material. State Fire
Marshal's Hules and Regulations provide either for removal of the tanks or
abandonment in place and filling with an inert, nonshrinking material. These
tanks have been out of service since at least March 25, 1987. As of the
day prior to the hearing, they are still out of service and not removed or
filled.
()
Mr. Mattheus stated he had contacted a representative from the State
Fire Marshal's office. They require filling the tanks with silica sand,
which is a pure form of sand and a higher grade than builder's sand. Mr.
Mattheus stated Mr. Bomstein has written to the State Fire Marshal requesting
interpretation of the NFPAj this is incorrect as the State Fire Marshal does
not interpret the NFPA.
Mr. Mattheus stated Mr. Bomstein has requested to purge the tanks and
cap them with concrete and/or fill them with water. This is unacceptable
and would be acceptable only for tanks temporarily out of service. City
submitted composite exhibit //1, photographs of the property, and exhibit
#2, a letter from Alan Bomstein to the State Fire Marshal. When questioned
regarding the problem with purging the tanks, Mr. Mattheus stated there is
a probability of collapse at a later date. When questioned regarding using
the expertise of an outside engineer to certify the tanks, Ml". Mattheus
stated the Code does allow for engineer certification; however, Mr. Bomstein
has not pursued this channel either.
Mr. Cardinal moved that concerning Case No. 153-87 regal"ding violation
of Section 2-3.4.1. NFPA 30 of the Clearwater City Code on property having
a legal description of Centroid Jones' Sub. of Nicholson's, Blk. 5, Lot 1
and 2 a/k/a 201 N. Ft. Harrison Ave., the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held
the 9th day of December, 1987, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings o~ Faet. Conclusions o~
Law. and Order.
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The Findings of Fact are: After hearing testimony of Harry Mattheus,
Life Hazard Safety Inspector, and viewing the evidence, exhibits submitted:
Cit.y exhibits 1/1 & 2 (photographs and a letter from Alan Bomstein), it is
evident that Alan Bomstein, Robert Burnside and lessee S. J. Vaccaro have
abandoned fuel storage tanks on their property.
The Conclusions of Law are: Alan Bomstein, Robert Burnside and S. J.
Vaccaro, lessee are in violation of Section 2-3.4.1, NFPA 30.
I t is the Order of this Board that Alan Bomstein, Robert Burnside
and S. J. Vaccaro shall comply with Section 2-3.4.1, NFPA 30 of' the Code
of t.he City of Clearwater by February 8, 1988. If Alan Bomst.ein, Robert
Burnside and S. J. Vaccaro do not comply within the time specified, the Board
may order them to pay a fine of $100.00 per day f'or each day the violation
continues to exist. If Alan Bomstein, Robert Burnside and S. J. Vaccaro
('0 not comply within the time specif'ied, 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, Alan Bomstein, Robert Burnside and
S. J. Vaccaro shall notif'y Harry Mattheus, 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 December, 1987.
cD
CAS& NO. 163-87
7-11 Food Store (Land Development)
Continued trom 11/18/87
Mr'. Cardinal moved to withdraw Case No. 163-87 as the violation has
been corrected. The motion was duly seconded and carried unanimously.
CASE NO. 165-81
Robert Keating (Land Development)
Continued trom 11/18/81
Carol Cicero, Development Code Inspector, stated there is only one
violation remaining at this property. Mr. Keating has now complied with
obtaining an occupational license and he has painted over the signs on the
truck. The only remaining violation is the parking of the utility trailer
in the setback area.
for
and
Robert Keating stated he does not contest the violation. He
a continuance as, on January 10th, he will be going away
the equipment will be removed from the property.
is asking
to school
Mr. Cardinal
January 13, 19B8.
moved to continue Case ~o. 165-87 to the meeting
The motion was duly seconded and carried unanimously.
of
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CASE HO. 171-87
Robe~t Smiley/Office Fu~nitu~e Wa~ehouse
(Occupational Licens8)
o
CASE HO. 172-87
Robe~t Smiley/City Auto Sales Inc.
(Occupational License)
The Occupational License Inspecto~ ~equested
continued to the meeting of February 10, 1988.
these
two
cases be
Mr. Cardinal moved
meeting of February 10,
unanimously.
to continue
1988. The
Case Nos.
motion was
171-87 and 172-87
duly seconded and
to the
carried
CASB HO. 173-81
Blue Chip Cleaners Inc. (Occupational License)
The
Case No.
Secretary
173-87.
to
the
Board
repo~ted
there
is
no
proof
of
service
on
Mr. Cardinal
January 13, 1988.
moved to continue Case No. 173-87 to the meeting
The motion was duly seconded and carried unanimously.
of
CASE HO. 174-87
Joseph Lechowski (Fi~e Code)
Q
Bob Going, Life Haza~d Safety Inspector, stated MI'. Lechowski is in
the process of obtaining bids for the fi~e alarm system and is requesting
additional time to obtain a contract. Mr. Going stated the apartment complex
is twelve units and the Fire Code requires that any apartment complex with
more than eleven units requires a manual fire alarm system. When questioned
rega~ding the provision of grand fathering , MI'. Going stated there is no
grand fathering provisions in the Life Safety Code, all sections are
retroactive.
Mr. Lechowski stated he is in the process of getting bids to obtain
a contract to install a manual fire alarm system.
Mr. Angelis moved that concerning Case No. 174-87 regarding violation
of Section 19-3.~.1, HFPA Lire Safety Code 101 of the Clearwater City Code
on property having a legal description of Part of Lot 12 and Lot 1, Gulfview
Gardens Sub. a/k/a 1280 E Druid Road, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforce:nent Board hearing held
the 9th day of December, 1987, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings of Fact, Conclusions of
Law and Order.
The Findings of Fact are: after hearing testimony of Robert Going,
Life Hazard Safety Inspector) and Joseph Lechowski, it is evident that Joseph
Lechowski needs a manual fire alarm system at the above address.
The ConQlusioDS of Law are:
Section 19-3.4.1, NFPA 101.
Joseph Lechowski is in violation of
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12/9/87
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It
Section
that
Code
o
Done and Ordered this 9th day of December, 1937.
CASE HO. 175-81
G. V. Tagar~s/All Seasons's Produce
(Land Development)
CASE NO. 176-81
Sun Rain Landscaping (Land Development)
Mr. Elliott
violations have been
unanimously.
moved to withdraw
corrected. The
Case Nos.
motion was
175-87 and 176-B7
duly seconded and
as the
carried
The meeting recessed from 4:26 to 4:41 p.m.
()
UHPINISBED BDSltIESS
CASE NO. 311-81
Marilyn Miller/Federal Downtown Bake Shop Inc.
Affidavit of Compliance
The Secretary to
directed that the lien against Marilyn Miller be cancelled
refiled against the Federal Downtown Bake Shop Corporation.
the
Board
stated
the
City
Attorney's
and
office has
the lien be
Mr. Elliott moved to authorize cancellation of the lien
Miller and refiling against the Federal Downtown Bake
was duly seconded and carried unanimously.
against Marilyn
Shop. Motion
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No.
34-87. The motion was d~ly seconded and carried unanimously.
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12/9/87
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CASE HO. 94-87
Larry Bunting
Address the Board re accrued fine
n
"-"
Larry Bunting
however, compliance
Doherty to come and
was prevented from
exceptional amount of
s ta ted he has
was reached 28
inspect but the
clearing the
rain.
removed the
days late.
message
property
cars parked on the
He stated he had
not f'orwarded to her.
to a hurt back
property;
called Geri
He
an
and
was
due
Mr. Elliott moved to reduce the fine in Case No, 94-87 by 50%, from
$700 to $350. The motion was duly seconded and carried unanimously.
CASE HO. 106-87
Lifetime Radiator & Air Conditioning
Affidavit of Compliance
Request to address the Board re accrued fine
Mr. Angelis moved to accept the Affidavit of Compliance and
violator's request to address the Board regarding the accrued fine
No. 106-87. The motion was duly seconded and carried unanimously.
gran t the
in Ca se
The Secretary
Nichols stating she
Board at the January
to the Board was
would be allowed
13, 1988 meeting,
directed
to make a
to
brief
wri te a letter
presentation
to
to
Ms.
the
CASE RO. 143-87
Roberto DiGiovanni
Affidavit of Compliance
Mr.
143-87.
Angelis moved to accept the Affidavit of Compliance
The motion was duly seconded and carried unanimously.
in
Case
No.
0.
V
CASE HO. 158-87
Barry's Dining Out Guide
Affidavit of Ron-Compliance
Mr. Elliott moved to accept
No. 158-87 and issue the order
seconded and carried unanimously.
the Affidavit of
imposing the fine.
Non-Compliance in
The motion was
Case
duly
OTHER BOARD ACTION
The Lien Status Report was reviewed.
report regarding foreclosures.
The Board requested a status
HEW BUSINESS
Rules and Regulations - work session meeting date.
The consensus of the Board was to set a tentative
1988 to discuss rules, regulations and procedures.
adding to the agenda "consistency regarding fines for
date of February 5,
Mr. Cardinal suggested
similar offenses",
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,till \..(1
Election of Chairman and Vice-Chairman
.
Mr. Elliott
nominations, Mr.
no
other
nominated Hr. Aude as Chairman. As there
Aude was elected Chairman by acclamation,
were
Mr.
no other
Cardinal
nominations,
nomina ted Mr. Elliott for Vice-Chairman. As there were
Mr. Elliott was elected Vice-Chairman by acclamation.
MIHUTES
Mr.
meeting as
unanimously.
Card inal moved
submitted,
to
approve the
The motion
minu tes of
was duly
the November
seconded and
18, 1981
carried
The meeting adjourned at 5:11 p.m.
Attest:
.
(0Ruj~1 (j~
secretar~/I
, I
J
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MCEB
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