06/08/1988 (2)
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Agenda
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of June 8, 1988, 1 :00 p.m.
Action
PUBLIC IlEABIRGS
(At the time a case is heard and date set for compliance
the same time set the fee to be assessed in
the Board shall at
case of non-compliance.)
No action
Case 110.
70-88
Lot Clearing List 88-06-1
Comply within 30 days
Case Ro.
103-88
Case Ho.
116-88
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Case Ho.
117-88
Case Bo.
185-87
Case Ho.
172-87
Case Bo.
19'-87
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MCEB
Craig Burlettl
Century Soft Water Co. Inc.
(Occupational License)
cant. troll 5/11/88
Stephen Labarl
First Dominion Motors
(Occupational License)
cont. troll 5/11/88
Complied
Withdrawn
Henry W. Meister
(Fire Code)
Continued to 7/13/88
Carol S. Haeck
(Building Code)
Dismissed
UBPIRISIlED BUSIRESS
Henry F. Cruise
(Sign Code)
Request to Amend
Ron-COIIpliance and Order
Withdrew Affidavit of
Non-Compliance
Robert W. Smiley
(Occupational License)
Affidavit at' C~pllance
Accepted
Karl & Maria Weg
(Fire Code)
Aft'idavit at' Ron-Compliance
Aft'idaYi t at' COIIpllance
Accepted Affidavit of
Non-Compliance and issued
Order imposing fine;
Accepted Affidavit of
Compliance
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6/8/88
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Agenda Action
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Case Ro. 9-88 L. Lambos/Nostimo Inc. Accepted Arfidavit and
(Building Code) issued Order imposing fine
A~ridaYlt o~ Ron-Coap11ance
Case Ro. 58-88 Anne Graffunderl Accepted Arfidavit and
P.M.M. Capital Inc. issued Order imposing fine
(Occupational License)
A~~ldaYlt or Bon-Compliance
Case Ro. 62-88 James Ronspies d/b/a Accepted
Pinellas Management & Accou.
(Occupational License)
At~ldav1t ot Compliance
Cue RD. 75-88 T.M.C. Remote Productions Accepted
(Occupational License)
Atridavit ot Coapliance
Cue RD. 83-88 Maureen & E.J. Mitskevich/ Accepted Afridavit and
Quick Tan/Cash ror Gold issued Order imposing fine
Affidavit or HOD-Compliance
OTHER BOARD ACTIOI
@) Fine status Report Reviewed
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NEW BlJSIRESS None
!UN utriS - May 11, 1988 meeting Approved as submitted
ADJOOBll 2:35 P.M.
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MCEB
2.
6/8/83
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MUNICIPAL CODE ENFORCEMENT BOARD
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June 8, 1988
Members present:
Robert Aude, Chairman
Phillip N. Elliott, Vice-Chairman
James Angelis (arrived 1:38 p.m.)
Bruce Cardinal
William Murray
Absent:
Frank Morris (excused)
seventh seat vacant
Also present:
Rob Surette, Assistant City Attorney
Shirley A. Corum, Secretary for the Board
The meeting
Commission
any
by
He
the Chairman
outlined
in
the
c
was called to
Meeting Room in City
aggrieved party may appeal a
Enforcement Board to the Circuit
filed within thirty (30)
order
Hall.
final
Court of Pinellas
days of the
noted that Florida Statute 286.0105 requires
this Board to have a record of the proceedings
at 1:00 p.m.
the procedures and advised
administrative order of the Municipal Code
County. Any such appeal must
execution of the order to be appealed.
any party appealing a decision
to support such an appeal.
be
He
of
Pabllc Bearings
Lot Clearing List 88-06-1
Itea Ro.
1
Eddie J. Walker
1415 Taft Ave.
Blk. 1, Lot 16, Lincoln Place Sub.
Vernon
March
Inspector, stated he
phoned Mr.
property was
notice
2
inspected the
Walker who stated he
posted on April 7 and again
was hand delivered to
and 3, photographs of
property on
would
Packer, Sanitation
16, 1988. On March 21, 1988, he
clear the property within two weeks. The
on May 16, 1988, and a copy of the posting
Walker's business. City submitted exhibits #1,
property taken April 7, May 16, and June 8, 1988.
Mr.
the
The Assistant City Attorney requested the Board take judicial notice of the
applicable Code section.
No representative of the alleged violator was present at the hearing.
No action was taken by the Board.
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Cue Ro.
10-88
Craig BerlettlCentury Soft Water Co. Inc.
(Occupational License) cont. rrom 5/11/88
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Barbara Sexsmith, Occupational License
01, a copy of a page from the GTE Everything
Soft Water Co. Inc. as evi~ence that Century
without an occupational license.
Inspector, submitted City Exhibit
Pages showing a listing for Century
Soft Water Co. Inc. is in business
The Assistant City Attorney requested the Board take judicial notice of the
applicable Code section.
No representative of the alleged violator was present at the hearing.
Mr. Cardinal moved that concerning Case No. 70-88 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 8th
day of June, 1988, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings or Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Barbara Sexsmith,
Occupational License Inspector, and viewing the evidence, exhibits submitted:
City Exhibit 01, it is evident that Craig Berlett is engaging in business without
a current occupational license.
The Conclusions of Law are: Craig Berlett is in violation of Section
71 .02.
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It is the Order of this Board that Craig Berlett shall comply with Section
71.02 of the Code of the City of Clearwater within 30 days. If Craig Berlett
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. I f Craig
Berlett 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 consti tute a lien against any real or personal
property owned by the violator pursuant to Chapter 162, Florida Statutes. Upon
complying, Craig Berlett shall notify Barbara Sexsmith, 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
wi thout a subsequent hearing. Should a dispute arise concerning compliance,
ei ther party may request a further hearing before the Board. Motion was duly
seconded and carried unanimously.
Done and Ordered this 8th day of June, 1988.
ClU!e No. 103-88
Stephen Labar/First Dominion Motors
(Occupational License)
The Secretary to the Board requested this case be withdrawn as the violation
has been corrected.
Mr. Elliott moved to withdraw Case No. 103-88.
and carried unanimously.
Motion was duly seconded
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MCEB
2.
6/8/88
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Case Ro. 116-88
, Henry W. Meister (Fire Code)
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Robert Going, Life Hazard Safety Inspector, stated he inspected the property
at 2180 Drew st. on March 3, 1988 and found abandoned underground storage tanks.
City submitted Exhibit 01, a copy of the State Fire Marshal's Rules and
Regulations 4A-34. The property had previously been a gas station which is now
closed; however, the underground storage tanks have not been removed. Mr. Going
stated the provision allowing tanks to be temporarily out of service for go days
no longer applies as the time has elapsed.
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William Franklin, Real Estate Manager for Payless Oil Company, stated it
is the opinion of his company that they have done everything necessary to comply
wi th the law. They interpret NFPA Appendix B as being for information purposes
only and not a part of the Code. Mr. Franklin stated State law requires that
all underground storage tanks be moni tored and comply with the Sta te' s
Environmental Regulations by October 1, 1988, and they intend to abide by State
law. He stated the tanks are not abandoned but temporarily out of service. The
fill line gauge and pump openings have been capped, the tanks are empty and will
remain so until they decide what the future use of the property will be. Mr.
Franklin stated if they pull the tanks and decide to reopen a gas station at that
location, new tanks would have to installed. On October 1 st, the tanks will
either be pulled or a fiberglass lining installed. In response to a question
regarding whether he views the tanks as a fire safety hazard, he stated he did
not.
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Mr. Franklin stated the company has no immediate plans to reopen the gas
station. They have had the rear portion of the property rezoned to commercial,
but the plans are indefinite at this point. In response to a question regarding
when the tanks were capped, he stated he did not know the exact date but does
have invoices to prove when the work was done.
Discussion ensued regarding the State Fire Marshal's Rules and Regulations
4A-34 which allows tanks to be temporarily out of service for up to 90 days.
Mr. Franklin's company does not interpret this to mean that 90 days is the maximum
amount of time tanks can be temporarily out of service. A question was raised
regarding whether the State Fire Marshal's Rules and Regulations are enforceable
by the City of Clearwater, and therefore under the jurisdiction of the Code
Enforcement Board.
The Assistant City Attorney requested time to research the jurisdictional
question, and asked that the case be continued to the July meeting.
Mr. Elliott moved to continue Case No. 116-88 to the meeting of July 13,
1988. Motion was duly seconded and carried unanimously.
Case Ro.
111-88
Carol S. Haeck (Building Code)
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Philip Charnock, Building Inspector, stated on April 11, 1988 he advised
the alleged violator that a permit was required for dock renovation. He stated
the violation which exists is that greater than 50% renovation of the dock had
been done without a building permit. City submitted Exhibit 01 a&b, photographs
of the property taken April 14th and Exhibit D2, a photograph taken April 22,
1988.
MCEB
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6/8/88
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The Assistant City Attorney requested the Board take Judicial notice of the
applicable Code section.
Mr. Haeck submitted defendant Exhibits 01 & 2, photographs of the property.
He stated no structural change or repair had been done to the dock. The only
renovation that was done was replacement of damaged decking. The house was built
in 1970, the replacement of the decking was cosmetic only, and no structural
renovation had been done.
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Discussion ensued regarding the definition of construction in Section
145.07(a) of the Code which states construction shall not include the replacement
of decking, stringers, etc.
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Mr. Cardinal moved that concerning Case No. 117-88 regarding violation of
103, Standard Building Code; 138.01 and 145.01(a) of the Clearwater City Code
on property located at 695 Island Way, Clearwater, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held
the 8th day of June, 1988, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings of Fact, Conc1usioDS or Law,
and Order.
The Findings of Pact are: after hearing testimony of Philip Charnock,
Building Inspector and Mr. Haeck and Viewing the evidence, exhibits submitted:
City Exhibits 111 and 2 and Defendant Exhibits 111 and 2, it is evident that no
violation exists.
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The Conclusions ot' Law are: Carol Haeck is not in violation of Sections
103, Standard Building Code, 13B.01 and 145.07(a) of the City Code.
It is the Order of this Board that Carol Haeck is hereby declared to be
in compliance with the above referenced sections of the Code of the City of
Clearwater, and that the pending violation proceeding before the Board is
disaissed. Motion was duly seconded and carried unanimously.
Done and Ordered this 8th day of June, 1988.
Unfinished lJl1sine3s
Case 10. 185-87
Henry F. Cruise (Sign Code)
Geri Doherty, Development Code Inspector, requested the Board reconsider
their Conclusions of Law and Order issued February 11, 1988. The Order or the
Board was that Henry Cruise comply with Section 131t.013(a) of the Code of the
City of Clearwater by March 9, 19BB. Ms. Doherty stated on March 13th she
observed that the painted signs in the window had been removed; however, the neon
sign was still in the window. She stated Mr. Cruise was conrused regarding which
signs were to be removed.
Mr. Elliott moved to w1tbdraw the Affidavit of Non-Compliance in Case No.
185-87. MotioD was duly seconded and carried unanimously.
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Case No. 172-87
Robert W. Smiley (Occupational License)
Affidavit of Compliance
Mr. Elliott moved to accept the Affidavit of Compliance in Case No. 172-87.
Motion was duly seconded and carried unanimously.
Case Ho. 1911-87
Karl & Maria Weg (Fire Code)
Affidavi t of Hon-Compliance
Aff'idavi t of COIIpliance
Mr. Angelis
order imposing the
carried unanimously.
moved to
fine
accept
in Case
the Affidavit
No. 194-87.
of Non-Compliance
Motion was duly
and issue
seconded
the
and
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 194-87.
MotioD was duly seconded and carried ~nanimously.
Case tlo.
9-88
L. Lambos/Nostimo Inc. (Building Code)
Aff'idavi t of Ron-Compliance
Case 110.
58-88
Anne Graffunder/P.M.M. Capital Inc.
(Occupational License)
Aff'idavit of Hon-Compliance
Case 110.
83-88
Maureen & E.J. Mitskevich/Quick Tan/Cash for Gold
(Sign Code)
Affidavi t of Hon-Compliance
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Mr. Cardinal moved
Orders imposing the
seconded and carried
to accept
fines in Case
unanimously.
the
Nos.
Affidavits of Non-Compliance and issue the
9 -88, 58-88, and 83-88. Motion was duly
Case 10.
62-88
James Ronspies/Pinellas Management and Accoun.
(Occupational License)
Affidavit of Coapliance
Case 10.
75-88
T.M.C. Remote Productions (Occupational License)
Aff'idavi t of' CCDpliance
Mr. Angelis moved to accept the Affidavits of Compliance in Case Nos. 62-88
and 75-88. Motion was duly seconded and carried unanimously.
Other Board Action
The Chairman of the Board reviewed the meeting with the City Commission in
which the Board expressed some of their concerns and problems.
The
the City
some of the
Secretary informed the Board a memo
Manager stating several steps will be
problems the Board has experienced.
has gone out
instituted
to the Commission
that should
from
alleviate
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CODE ENFORCEMENT LOT CLEARING LIST 88-06-1, 06/08/88
I. A.
1. 1415 Taft Ave; Lincoln Place Sub;
*10/29/15/51948/001/0160 AKA. Owned
Harbor Drive, Clearwater, Florida
Block 1, Lot
by: E:ddie J
34615-1826.
16; parcel
Walker, 1793
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