05/11/1988 (2)
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MU~ICIPAL CODE ENFORCEMENT BOARD
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Meeting of May 11, 1988, 1:00 p.m.
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Agenda
Action
PUBLIC IIE1llIBGS
(At the time a case is heard and date set ror compliance the Board shall at the same
time set the fee to be assessed in case of non-compliance.)
Lot Clearing List 88-05-1 - No Cases.
The following cases were withdrawn as
(Bayfone of TampafPinellas County School Board,
Ford, cont. from 4/13/88), 63~8
Burlett, cont. from 4/13/88),
4/13/88), 89-8B, 90-88,92-88,
101-88, 102-88, 10~-88 105-88,
the violations have been corrected: 1-88
cont. from 4/13/88), 32-88 (John
(Yvonne Agvero, cont. from 4/13/88), 73-88 (Craig
B6-88 (Counseling and Development Center, cant. from
93-88, 95-88, 96-88, 98-88, 100-88,
106-88, 101-88, and 1'0-88.
Case Mo.
10-88
Craig Burlett d/b/a
Century Soft Water Co. Inc.
(Occupational License)
cant. from 11/13/88
Continued to 6/8/88
Case Mo.
103-88
Stephen Labar
d/b/a First Dominion Motors
(Ocoupational License)
Continued to 6/8/88
A,
~
lJIIFDISIIED BlJSIBESS
Case .0.
11-87
H. Freeman/Atrium Hotel
Consideration of' Reqaest
to Deduce Accrued Fine
Reduced fine to $10,000
Case Ro.
153-87
A. Bomstein/B. Burnside
Itt'ldavit of Coapliance
Accepted
Case Ro.
15-88
T. Oakley/Kite Enoounters
U't'ldav1t of Compliance
Accepted
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CD Case Ro. 57-88 James W. Smallwood Accepted
Aftidavit or Compliance
Case Ro. 21-88 J. Witmer/University Forum Inc. Accepted
AfridaTit or COlllpliance
Ca<te Ro. 85-88 J. Witmer/University Forum Seminars Accepted
Afridavlt or COlllpliance
0TBElI BOlllD ACTl:Oli
Fine Status Report
Reviewed
IfEV BUSDESS
None
MntUT.K:)
April 13, 1988
Approved as submitted
ADJOURR
2:15 p.m.
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Members present:
MUNICIPAL CODE ENFORCEMENT BOARD
May 11, 1988
Robert Aude, Chairman
Phillip N. Elliott, Vice-Chairman
James Angelis (arrived 1 :19 p.m.)
Frank Morris
Bruce Cardinal
William Murray
(seventh seat vacant)
Also present:
Rob Surette, Assistant Citv Attorney
Shirley A. Corum, Secretary for the Board
at 1 :03 p.m.
the procedures and advised
final administrative order of the Municipal Code
Pinellas County. Any such appeal must
execution of the order to be appealed.
noted that Florida Statute 286.0105 requires any party appealing a decision
this Board to have a record of the proceedings to support such an appeal.
was called to
Room in City
any aggrieved party may appeal a
Enforcement Board to the Circuit Court
filed within thirty (30) days of'
The meeting
Commission Meeting
be
He
of
r
c..
PUBLIC H&ARIRGS
order
Hall.
by
He
the Chairman
outlined
in
the
of
the
Lot Clearing List 88-05-1 - No cases.
The Secretary to the Board requested the fOllowing cases be withdrawn as the
violations have been corrected:
Case No.
7-88
Case No. 32-88
Case Bo. 63-88
Case Bo. 73-88
Case Bo. 86-88
Case 10. 89-88
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Bayfone of Tampa/Pinellas County School Board
(Building Code) cant. from 4/13168
John Ford d/b/a Clearwater Auto Wholesale
(Occupational License) cant. rrom 4/13/86
Yvonne Agvero d/b/a Visual Concepts
(Occupational License) cont. rrom 4/13/88
Craig Burlett d/b/a Chern Free of Florida
(Occupational License) cant. rrom 4/13/88
Counseling and Development Center
(Occupational License) cont. from 4/13/88
Vinyl Side
(Occupational License)
1 .
5/11/88
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Case Ho. 90-88
Case Ho. 92-88
Case Ho. 93-88
Case Ho. 95-88
Case Ho. 96-88
Case Ho. 98-88
Case Ho. 100-88
Case Ho. 101-88
Case Ho. 102-88
Case Ho. 1011 -88
Case Ho. 105-88
Case Ho. 106-88
Case Ho. 101-88
Case Ho. 110-88
......Jooirllllt
Paul Delmonte d/b/a Your Bookkeeper Inc.
(Occupational License)
All the World's a Stage
(Occupational License)
Cathy Geyman d/b/a Jeanie Maids
(Occupational License)
Lonnie Dixon d/b/a Dixon and Sons
(Occupational License)
Nicholas P. Vassilaros d/b/a Accurate Investigative Agency
(Occupational License)
Store Enterprises Inc.
(Occupational License)
Ruth W. Duncan
(Occupational License)
Daniel Tibbatts d/b/a Home Improvement Network
(Occupational License)
MEDIQ/PR~ Life Support Services Inc.
(Occupational License)
Erin Shim d/b/a Computer Assistants
(Occupational License)
Joseph Mills d/b/a H.C.I.
(Occupational License)
Gary Neidermeyer d/b/a The Lawn Rangers
(Occupational License)
Stuart Raymond d/b/a Independent Pro Productions
(Occupational License)
A. D. C.
(Occupational License)
Mr.
95, 96,
seconded
Elliott
98,
and
moved to withdraw
100, 101, 102, 104,
carried unanimously.
Case
105,
Nos.
106,
63, 73, 86,
and 110-88.
92, 93,
was duly
Case Ho.
70-88
89, 90,
Motion
7, 32,
107,
Craig Burlett/Century Soft Water Co. Inc.
(Occupational License) cont. from 4/13/88
Attorney pointed out that the violator
be continued to the meeting of June 8,
cited.
is an
1988
incorporation
in order that
and
the
The Assistant City
requested the case
proper party may be
MCE:B
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Mr. Elliott moved to continue Case No. 70-88 to the meeting of June 8,
1988. Motion was duly seconded and carried unanimously.
Case No.
103-88
Stephen Labar d/b/a Dominion Motors
(Occupational License)
Barbara Sexsmith, Occupational License Inspector, stated a Pinellas Count.y
occupational license was obtained by the alleged violator, Stephen Labar. Cit.y
submitted exhibit 01, a Clipping from the Pinellas Review newspaper dated December
25, 1987. Ms. Sexsmith stated a notice of violation was sent to the violator at
921 Lakeview Road. She also visited the property on March 23, 1988, and was told
by the realty company that Stephen Labar was still operating the business at that
address.
The Assistant City Attorney did not feel there was enough evidence to show
that the alleged violator is still operating a business at the Lakeview address
and asked that this case be continued to the meeting of June 8, 1988.
Mr. Elliott moved to continue Case No. 103-88 to the meeting of June 8,
1988. Motion was duly seconded and carried unanimously.
u.Y~SISHED BUSIBBSS
Case Ro.
17-87
Hank Freeman/Atrium Hotel
Consideration or request to red~ce rine
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Steve Rushing, attorney representing Hank Freeman, requested the Board
reconsider the fine imposed in this case. Mr. Rushing reviewed the history of
violations at the Atrium Hotel and stated that since evacuation was completed on
May 13, 1987, the property was technically in compliance as of that date. Mr.
Rushing requested the Board roll back the fine to the May 13th date as the
property was completely evacuated at that time and not reopened until August.
Between May and August repairs were done to the Atrium. Mr. Rushing felt a
$12,000 fine was sufficient to impose against Mr. freeman. Mr. Freeman no longer
has ownership in the Atrium as he was foreolosed in February, 1988; the Atrium is
now under new management.
Harry Mattheus, Life Hazard Safety Inspector, stated he has inspected the
Atrium Hotel since it has been under new ownerShip. On March 29, 1988, there were
some violations remaining; the major problem was only one means of egress from the
first floor residential units. He ordered evacuation of the first floor tenants
and the property owner did comply.
The Assistant City Attorney stated he is in agreement with the fine being
rolled back to the date of evacuationj but he requested the Board condition this
on a settlement agreement regarding other court proceedings filed by Mr. Rushing
on behalf of the Atrium Hotel.
Discussion ensued regarding what would be a fair reduction of the fine
considering the City's expense and the need for compensation.
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Mr.
was duly
Mr. Angelis
carried.
Elliott moved to reduce the fine in
seconded and upon the vote being taken:
Cardinal voted "aye".
and
Mr.
Case No. 17-87
Mr. Elliott,
Mr. Murray
to $ 10,000.
Mr. Morris,
abstained.
Motion
Mr. Aude
Moti.on
Case No. 153-81 A. Bomstein/R. Burnside
Affi.davlt of Compliance
Case No. 15-88 T. Oakley/Kite Encounters
Affidavit of Compliance
Case Ho. 51-88 James Smallwood
Affidavit of Compliance
Case Ro. 21-88 J. Witmer/University Forum Inc.
Case Ro. 85-88 J. Witmer/University Forum Seminars
Affidavits of Comp11anee
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Mr.
153-87, 15,
unanimously.
Cardinal
57,
moved to
21 and
accept
85-88.
the Affidavits
Motion was
of Compliance
duly seconded
in Case
and
Nos.
carried
OTHER BOARD ACTIOR
Fine Status Report
CD
The
Fine Status Report was reviewed briefly.
Mr.
147 -87.
Elliott moved to direct that liens be filed in
Motion was duly seconded and carried unanimously.
Case
Nos.
119-87
and
Mr. Elliott
10-87, 36-87
moved
and 63 -81 .
that foreclosure proceedings be initiated in Case Nos.
Motion was duly seconded and carried unanimously.
Discussion
May 16, 198 8 at 9 a. m.
Commission prior to
ensued regarding the meeting
A memo signed by Mr.
this meeting.
with the City Commission
Aude will be distributed
on Monday,
to the City
WEll BUSnmss - None.
lUBurJS::i
Mr. Elliott moved to approve the minutes of the
submitted. Motion was duly seconded and carried
of April 13, 1988 as
The meeting adjourned at 2:15 p.m.
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Secretary
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MCEB
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5/11/88