05/22/1991 (2)
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MUNICIPAL CODE ENFORCEMENT GOARD
May 22, 1991
o
Members present:
William Murray, Chairman
Bruce Cardinal, Vice-Chairman
Will iam Z inzow
John McKinney
D. Wayne Wyatt
Absent:
Robert Aude (excused)
Louise C. Riley (unexcused)
Also present:
Miles lance, Assistant City Attorney
Andy Salzman, Attorney for the Board
Mary Kathryn Diana, Secretary for the Board
In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
o
The meeting was called to order by the Chairman at 3:04 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.
PUBLIC HEARINGS
Public Nuisance Clearina List 91-05-2
There were no Public Nuisance cases to be heard at this meeting.
Case No. 23-91
Nick Gionis, President/Registered Agent
Mary G. Realty, Inc.
490 Mandalay Avenue
(Land Development Code)
Mr. Cardinal moved to continue Case No. 23-91 to the meeting of June 12, 1991
as requested by the Inspector. The motion was duly seconded and carried
unanimously.
Case No. 32-91
Martin Cole, Registered Agent
Canterbury Oaks, Inc.
2025 Rogers Street
(life Safety Code)
No one was present to represent the violator.
s
Jeff Daniel s, Fire
constitute a fire and safety
photographs of the property.
Inspector,
hazard.
stated the loose stairrails and handrails
City submitted composite exhibit A, five
MCEB
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5/22/91
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In response to questions. Inspector Daniels stated this is a three story
apartment building, at which all ages reside. He stated all railed areas shown in
the photographs are required means of ingress/egress. He stated the top rails lift
up. and repair is badly needed where the rails are screwed to the walls and stairs.
Inspector Daniels stated maintenance personnel have avoided him. and have not
corrected the hazard.
In response to questions. Inspector Daniels stated he has not discussed the
case with the Building Department as it is a fire code violation, not a building
code violation because it is not new construction. He stated the building is at
least 20 years old. He stated the owner/registered agent lives in Canada, and that
the second time he inspected the property the owner and resident manager were
present and informed of the violations. The Inspector stated he allowed one month
for repairs the first time he noted the violations. He stated handrails are also
loose on the third floor. and expressed concern for the youngsters living there.
In response to a question. it was stated proof of service of the notice of
hearing via certified mail has not been received; however. a copy of the notice was
hand delivered today. Attorney Salzman stated that in emergency situations, public
safety outweighs due process rights. Notice of the violation was made known to all
i nvo lved.
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Mr. Zinzow moved that concerning Case No. 32-91 regarding violation of Section
5-1.7.1, NFPA Life Safety Code 101 as adopted by the Clearwater City Code on
property located at 2025 Rogers St aka parce 1 #13/29/15/00000/420/0600, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 22nd day of May. 1991. 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 Jeff Daniels. Fire
Inspector, and viewing the evidence. exhibits submitted: City composite exhibit A -
five photographs of the property, it is evident that there are loose handrails and
stairrails at the above referenced address.
o
The Conclusions of Law are: Martin Cole. Registered Agent of Canterbury Oaks.
Inc.. is in violation of Section 5-1.7.1. NFPA Life Safety Code 101.
It is the Order of this Board that Martin Cole shall comply with Section
5-1. 7.1, NFPA Life Safety Code 101, as adopted by the Code of the City of
Clearwater. by May 31. 1991. If Martin Cole does not comply within the time
specified, the Board may order him to pay a fine of $200.00 per day for each day the
violation continues to exist. If Martin Cole does not comply within the time
specified. a certified copy of the Order imposing the fine may be recorded in the
Public Records of, Florida. and once recorded shall constitute a lien against any
real or personal property owned by the violator pursuant to Chapter 162, Florida
Statutes. If the violation concerns real property, the recording of a certified
copy of this Order shall constitute notice to any subsequent purchasers. successors
in interest or assigns of the violation and the findings in this Order shall be
binding upon any subsequent purchasers, successors in interest or assigns of the
real property where the violation exists. Upon complying. Martin Cole shall notify
Inspector Jeff Daniels, the City Official who shall inspect the property and notify
the Board of compliance. Should the violation reoccur. 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. Any aggrieved party may petition the Board to reconsider or rehear any Board
MCEB
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5/22/91
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1 LAsr NAME-FIRST NAMt;-MIDULI:: NAME
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'\ OI~;i~~U:::~twood Drive
~ CITY
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME Of BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
Aude, Robert
Municipal Code Enforcement Board
II IE l\(>ARU, COUNCil" COMMISSION. AU f1lORITY. OR COMMITTEE ON
WIIICII I SERVE IS A UNIl OF:
X . n I Y I ' COUNTY I ! OIl([R 1.0CAl AClEN('Y
NAME O~ POLITICAL SUOl>IVISION:
NA
('()lJNH
Clearwater, FL
UAt E ON WHICH VOII: OCCURREU
10/24/90
Pinellas
"no POSIT ION IS:
I: ElECTIVE
XX APPOINTIVE
WHO MUST FILE FORM 88
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This form is for use by any person serving at lhe eOl/nty, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee, It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Sect illn 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this parlicular form is not required by law. you are encouraged to us~ it in making the disclosure required by law.
:t<.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. for this reason, please pay close allention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112..3143, FLORIDA STATUTES
A pcrsonliolding elective COUIi/y. liiunidpal. or olher local public ofricc MUST ABSTAIN from votillg on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
111 either case, YOIl should disclose the conflict:
PRIOR TO fHE VOTE BEING TAKEN by publicly stating: to lhe assembly lhe nature of your interest in the measure on
which you are abstaining from \'oting; and
WITH IN 15 DAYS AfTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeling, who should incorporale thc form in the minutes.
AI'pOINTED OFFICERS:
A person holding appointive county, municipal, or other local public oHice MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agcncy) by wholll he is retained.
A pcrson holding an appoinrive local office otherwise may parlicipalc in a lOallcr in which he has a conflict of interest, but must
disclose the naturc of the conflict before making any allempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEt...IPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING Af WHICH
THE VOTE WILL BE TAKEN:
,/'....,~ou should complctc and file this form (before making any allclI1pl to influence the decision) with the person responsible for
Gecording the minutes of the meeting. who will incorporate the form ill the minutes.
· A copy of the form should be provided immediately to Ihe olhcr members of the agcncy.
· The form should bc read publicly at the meeting prior to consideration of lhe matter in which you have a conOict of interest.
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IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally thc nature of your conflict in rhe measure before participating.
· You should complele the form and file it wilhin 15 days after the vote occurs with the person responsible for recording the minutes
of the mceting, who should incorporate the form in t!lC millllles.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Robert Aude
hereby disclose t hat on
October 24
, 19 90
(a) A measure camc or will come before illY agency which (check one)
_ inured to my special
~nurcd to the special
gain of
private gain; or
Wltll An!:] filClflTtzT5
, by whom I am retained.
(b) The measure before my agency and the nature of my intcrest ill the measure is as follows:
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Dale Filed~-.L
sign-i9 4u~
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1985), A FAILURE TO MAKE ANY REQUIREDC;
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVil PENALTY NOT TO EXCEED $5,000.
CEB
MUNIC;PAL CODE ENFORCEMENT BOARD
DATE,
05/fLi'/1/
c27
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of May 22, 1991, 3:00 p.m.
Agenda
Action
PUBLIC HEARINGS
(At the time a case is hearu and date set for compliance the Board shall, at the same
time, set the fee to be assessed in case of non-compliance.)
Public Nuisanco Clearing list 91-05-2
No cases
Case No. 23-91
Nick Gionis, Pres./Reg. Agent
Mary G. Realty, Inc.
490 Mandalay Avenue
(Land Development Code)
Continued from 4/24/91
Continued to 6/12/91
Case No. 32-91
Martin Cole, Registered Agent
Canterbury Oaks, Inc.
2025 Rogers Street
(Life Safety Code)
Comply by 5/31/91
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UNFINISHED BUSINESS
Case 91-1-1 #2
Richard Leon
1002 Eldridge St.
Affidavit of Compliance
Accepted affidavit
Case 91-3-1 #1
Clearwater Seville Ltd.
vacant land S of Pearce Dr
Affidavit of Compliance
,
Accepted affidavit
OTHER BOARD ACTION
None
MINUTES - Meeting of May 8, 1991
Approved as submitted
ADJOURN
3:25 p.m
\lft2.)
MCEB
5/22/91
1
MUNICIPAL CODE ENFORCEMENT BOARD
May 22, 1991
~~ Members present:
William MurrdY, Chairman
Bruce Cardinal, Vice-Chairman
William Zinzow
John McKinney
D. Wayne Wyatt
Absent:
Robert Aude (excused)
Louise C. Riley (unexcused)
Also present:
Miles Lance, Assistant City Attorney
Andy Salzman, Attorney for the Board
Mary Kathryn Diana, Secretary for the Board
In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
The meeting was called to order by the Chairman at 3:04 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 Enfcrcement
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.
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PUBLIC HEARINGS
Public Nuisance Clearino List 91-05-2
There were no Public Nuisance cases to be heard at this meeting.
Nick Gionis, President/Registered Agent
Mary G. Realty, Inc.
490 Mandalay Avenue
(Land Development Code)
Mr. Cardinal moved to continue Case No. 23-91 to the meeting of June 12, 1991
as requested by the Inspector. The motion was duly seconded and carried
unanimously.
Case No. 23-91
Case No. 32-91
Martin Cole, Registered Agent
Canterbury Oaks. Inc.
2025 Rogers Street
(Life Safety Code)
No one was present to represent the violator.
Jeff Daniels, Fire Inspector, stated the loose stairrails and handrails
constitute a fire and safety hazard. City submitted composite exhibit AI five
photographs of the property.
MCEB
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5/22/91
In response to questions, Inspector Daniels stated this is a three story
apartment building, at which all ages reside. He stated all railed areas shown in
the photographs are required means of ingress/egress. He stated the top rails lift
~ up, and repair is badly needed where the rails are screwed to the walls and stairs.
Inspector Daniels stated maintenance personnel have avoided him, and have not
corrected the hazard.
In response to questions, Inspector Daniels stated he has not discussed the
case with the Building Department as it is a fire code violation, not a building
code violation because it is not new construction. He stated the building is at
least 20 years old. He stated the owner/registered agent lives in Canada, and that
the second time he inspected the property the owner and resident manager were
present and informed of the violations. Thp. Inspector stated he allowed one month
for repairs the first time he noted the viola.tions. He stated handrails are also
loose on the third floor, and expressed concern for the youngsters living there.
In response to ~ question, it was stated proof of service of the notice of
hearing via certified mall has not been received; however, a copy of the notice was
hand delivered today. Attorney Salzman stated that in emergency situations, public
safety outweighs due process rights. Notice of the violation was made known to all
involved.
Mr. Zinzow moved that concerning Case No. 32-91 regarding violation of Section
5-1. 7.1, NFPA Life Safety Code 101 as adopted by the Clearwater City Code on
property located at 2025 Rogers St aka parcel #13/29/15/00000/420/0600, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 22nd day of May, 1991, and based on the evidence,
the Mun ieipa 1 Code Enforcement Board enters the following Find'lngs of Fact,
Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Jeff Daniels, Fire
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A -
five photographs of the property, it is evident that there are loose handrail~ and
stairrails at the above referenced address.
The Conclusions of Law are: Martin Cole, Registered Agent of Canterbury Oaks,
Inc., is in violation of Section 5-1.7.1, NFPA Life Safety Code 101.
It is the Order of this Board that Martin Cole shall comply with Section
5-1. 7.1, NFPA Life Safety Code 101, as adopted by the Code of the City of
Clearwater, by May 31, 1991. If Martin Cole does not comply within the time
specified, the Board may order him to pay a fine of $200.00 per day for each day the
violation continues to exist. If Martin Cole does not comply within the time
specified, a certified copy of the Order imposing the fine may be recorded in the
Public Records of. Florida, and once recorded shall constitute a lien against any
real or personal property owned by the violator pursuant to Chapter 162, Florida
Statutes. If the violation concerns real property, the recording of a certified
copy of this Order shall constitute notice to any subsequent purchasers, successors
in interest or assigns of the violation and the findings in this Order shall be
binding upon any subsequent purchasers, succes~ors in interest or assigns of the
real property where the violation exists. Upon complying, Martin Cole shall notify
Inspector Jeff Daniels, the City Official who shall inspect the property and nctify
the Board of compliance. Should the violation reoccur, the Board has the authority
to impcse 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. Any aggrieved party may petition the Board to reconsider or rehear any Board
MCEB
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5/22/91
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Order resulting from a Public Hearing. A Petition for Rehearing must be made in
writing and filed with the Board Secretary no later than thirty days after the
execution of the Order and prior to the filing of any appeal. Upon receipt of the
Petition, the Board will consider whether or not to reconsider or rehear the case.
The Board will not hear oral argument or evidence in determining whether tc grant
the Petition to Reconsider or Rehear. The motion was duly seconded and carried
unanimously.
A question was raised regarding what the City can do if the situation is
Ignored. The Fire I n spector s ta ted act I on can be taken by the Fire Marsha 1 to
evacuate the building if deterioration continues.
UNFINISHED BUSINESS
Affidavits of Comp'l iance
Case 91-1-1 #2
Richard Leon
1002 Eldridge St.
Clearwater Seville Ltd.
vacant land S of Pearce Dr
Mr. Wyatt moved to accept the Affidavit of Compliance in Case 91-1-1 #2 and
Case 91-3-1 #1. The motion was duly seconded and f]fried unanimously.
Case 91-3-1 #1
OTHER BOARD ACTION - None
MINUTES - Meeting of May 8, 1991
Mr. Cardinal moved to approve the minutes of the meeting of May 8, 1991 as
submitted. The motion was duly seconded and carried unanimously_
ADJOURN - 3:25 p.m.
Attest:
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5/22/91