02/14/1996 (2)
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Municipal Code Enforcement Board
Minutes
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ACTION AGENDA
MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of February 14, 1996 (3:00 p,m.)
{~ PUBLIC HEARINGS
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A. Case 46-95 (Cont'd from 12/13/95. 1/10/96, 1/24/961 Withdrawn/Complied Prior
Alex & Mary Gelep
452 Mandalay Avenue
Lesee: Canellos Corp d/b/a Island House
James Can alios, Reg. Agent
(Land Development Code - Signs)
B. Case 1-96 (Cont'd from 1/14/96, 1/24/96) Continued to 3/27/96
David R. Leonard
1300 S. Fort Harrison Avenue
Lessee: Patrick Media Group, Inc.
(Land Development Code - Signs)
D. Case 3-96 (Cont'd from 1/10/96) Withdrawn/Complied Prior
Rodney L. Anthony
854 Island Way
(Building Code)
E. Case 4-96 (Cont'd from 1/10 & 1/24) Withdrawn/Complied Prior
William Georgilias/Labrise Restaurant
.-........ 18'49 Gulf-to-Bay Blvd.
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F. Case 7-96 Ordered to comply within
N.orman L. Enzor 10 days 12/24/96)
1375 Boylan Avenue
(Building Code)
G. Case 8-96 Continued to 3/27/96
Mario & Armelia Menna
755 Bay Esplanade
(Building Code)
H. Case 9-96 Ordered to comply by
Steven Fabos 2/24/96
904 Lotus Path
(Building Code)
I. Case 10-96 Continued to 3/27/96
Mati & Kanta Shewa
55 Gardenia Street
{Building Code}
J. Case 11-96 Continued to 3/27/96
'-...-/ Tom Sehlhorst & Dorothy Casey
604 Palm Bluff
(Building Codel
CBAG2a96 2/W96
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ACTION AGENDA
MUNICIPAL CODe ENFORCEMENT BOARD .
Meeting of February 14,,1996 (3:00 p.m.)
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2.
Other, Board Action/Discussion - None
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New Business - None
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Approval of Minutes - January 24, 1996 - Approved as Submitted
5. Adjournment - 3:29 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
February 14, 1996
Present:
Stephen D. Swanberg, Chairman
Louise Riley, Vice-Chairman
Faustino Dolores, Member
Dennis Henegar, Member
Helen Kerwin, Member (3:06)
Carl Rayborn, Member
Leslie Dougall-Sides, Assistant City Attorney
Mark Connolly, Attorney for the Board
Mary K. Diana, Secretary for the Board
Anne Green, Staff Assistant II
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Absent:
Peg Rogers, Member
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The meeting was called to order by the Chair at 3:00 p.m. in the Commission Chambers at
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.
1.' PUBLIC HEARINGS
Case 46-95
Alex & Mary Gelep
452 Mandalay Avenue
Lessee: Canellos Corp d/b/a Island House
James Canellos, Reg. Agent
(Land Development Code - Signs)
In a memo dated February 14, 1996, Lt. Jeff Kronschnabl of the Community Response
Team, withdrew Case 46-95 stated the property owner has complied with the sign regulations.
Case 3-96
Rodney L. Anthony
854 Island Way
(Building Codel
In a memo dated February 14, 1996, Inspector Mark Hively withdrew Case 3-96 stating the
property owner had complied.
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mcb2a.96
February 14. 1996
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Case 4-96
William Georgilias/Labrise Restaurant
1849 Gulf-to-Say Blvd.
(Ufe Safety Code)
In a memo dated January 25, 1996, Inspector Karl Whittleton withdrew Case 4-96 stating
the violations have been corrected.
Case 1-96
David R. Leonard
1300 S. Fort Harrison Avenue
Lessee: Patrick Media Group, Inc.
(Land Development Code - Signs)
In a memo dated February 14/ 1996, Lt. Jeff Kronschnabl, Community Response Team
requested Case 1-96 be continued to the meeting of March 27, 1996. The billboard is to be
removed, the first part of March.
Case 8-96
Mario & Armelia Menna
755 Bay Esplanade
(Building Code)
In a memo dated February 14, 1996/ Inspector Mark Hively requested Case 8-96 be
continued to the meeting of March 27, 1996.
o Case 11-96,
Tom Sehlhorst & Dorothy Casey
604 Palm Bluff
(Building Code)
In a memo dated February 14/ 1996, Inspector Mark Hively requested Case 11-96 be
continued to the meeting of March 27/ 1996.
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Member ~ moved to continue Cases 1-96/ 8-96 and 11-96 to the meeting of March 27,
1996. The motion was duly seconded and carried unanimously.
Case 7-96
Norman L. Enzor
1375 Boylan Avenue
(Building Code)
No one was present to represent the property owner. The ,certified return receipt for the
Notice of Hearing was not returned. The property was posted.
Assistant City Attorney Dougall.Sides questioned Inspector Mark Hively regarding his
investigation. Mr. Hively said he initially visited the site on November 2B, 1995 and observed holes
in the walls covered by plywood. It appeared that construction work was being done. A jacuzzi in
the backyard was installed without permits and inspections. He issued a stop work order stating
\J the owner is aware of the situation. The tenant on the property is doing the work. The owner is
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February 14. 1996
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attemptiny to hire a general contractor. The owner is currently out of town. Mr. Hively said he
hand delivered a Notice of Violation and Request for Hearing and posted the property. Mr. Hively
stated he visited the property today and nothing has changed.
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He recommended allowing 10 days to pull appropriate permits, repair holes and remove the
jacuzzi or a fine of $1 aO/day. The City submitted Exhibits 1-6 (Exhibit 1 - Code sections violated,
Exhibit 2 - Notice of Violation, Exhibit 3 - Order to Stop Work, Exhibit 4 - Affidavit of Violation and
Request for Hearing dated 1/16/96, Exhibit 5 - Notice of Hearing dated 1/26/96, and Exhibit 6 -
Composite Photos taken 11/28/95).
Member Riley moved concerning Case 7-96, regarding violation of Chapter 47, Article IV,
Sections 47.081 and 47.083 of the Clearwater City Code at 1375 Boylan Avenue, also known as
Boylan Sub, 1 st addition, Lots 20 & 21, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the .1:l1h day of February, 1996,
and based on the evidence, the Municipal Code Enforcement Board enters the following FINDINGS
OF FACT. CONCLUSIONS OF LAW, AND ORDER.
FINDINGS OF FACT
After hearing testimony of Mark Hively, City Inspector, and viewing the evidence submitted:
City Exhibits 1-6 (Exhibit 1 - Code sections violated, Exhibit 2 - Notice of Violation, Exhibit 3 - Order
to Stop Work, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 1/16/96. Exhibit 5 -
Notice of Hearing dated 1/26/96, and Exhibit 6 - Composite Photos taken 11/28/95), it is evident
that work has been done without a permit or nn inspection at 1375 Boylan Avenue.
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CONCLUSIONS OF LAW
Norman L. Enzor, is in violation of Chapter 47, Article IV, Sections 47.081 and 47.083 of
the Clearwater City Code of Ordinances.
ORDER
It is the Order of this Board that Norman L. Enzor shall comply with said Chapter 47, Article
IV, Sections 47.081 and 47.083 of the Code of Ordinances within 10 days (2/24/96).
If Norman L. Enzor does not comply within the time specified, the Board may order him to
pay a fine of $50.00 per day for each day the violation continues to exist.
If Norman L. Enzor 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 any real or personal property owned by the violator pursuant
to Chapter 162. Florida Statutes. Upon complying, Norman L. Enzor shall notify Mark Hively, 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.
Any aggrieved party may petition the Board to reconsider or rehear any Board 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 to grant the
J Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously.
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Februarv 14, 1996
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Case 9-96
Steven Fabos
,,-, 904 Lotus Path
(Building Code)
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No one was present to represent the property owner. Assistant City Attorney Dougall-Sides
questioned Inspector Mark Hively regarding his investigation. Mr. Hively said he visited the
property on September 5, 1995 and observed roofing shingles in the driveway and yard, new wood
rafters, a new wooden deck, a water heater in a shed, numerous sheds built without permits, and a
window air conditioning unit improperly wired. He advised that no permits have been issued for
any of this work. Mr. Hively verified property ownership with the Property Appraiser. The owner
lives out of state and could not be located for months. There is a property manager for the site.
Numerous photos were taken at the site this morning.
Mr. Hively indicated a permit was pulled late yesterday but the roofer listed as the contractor
is only licensed for roofing. The permit issued yesterday was for work done in August of 1995.
Permits for framing, electrical work and plumbing are still needed. A stop work order was issued in
September.
He recommended 10 days to pull permits or pay a fine of $1 OO/day. It was noted for the
record the return receipt card has been received for this case. The last contact with the owner was
on January 23, 1996. In response to a question, Mr. Hively stated this dwelling is a single family
unit and a three unit dwelling is located at the back of the property. There are storage buildings
there as well. The City submitted Exhibits 1-6 (Exhibit 1 - Code sections violated, Exhibit 2 -
Notices of Violation dated 9/19/95 & 12/29/95, Exhibit 3 . Order to Stop Work, Exhibit 4 - Affidavit
of Violation and Request for Hearing dated 1116196, Exhibit 5 - Notice of Hearing dated 1/26/96,
and Exhibit 6 - Composite Photos taken 2/14/96).
Member Kerwin moved concerning Case 9-96, regarding violation of Chapter 47, Article IV,
Sections 47.081 and 47.083 of the Clearwater City Code at 904 Lotus Path, also known as Block
2, Lots 11, 12 & 13, Magnolia Heights, at the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the .11!h day of february, 1996,
and based on the evidence, the Municipal Codo Enforcement Board enters the following FINDINGS
OF FACT, CONCLUSIONS OF LAW. AND ORDER.
fINDINGS OF FACT
After hearing testimony of Mark Hively, City Inspector, and viewing the evidence submitted:
City Exhibits 1-6 (Exhibit 1 - Code sections violated, Exhibit 2 - Notices of Violation dated 9/19/95
& 12/29/95, Exhibit 3 - Order to Stop Work, Exhibit 4 - Affidavit of Violation and Request for
Hearing dated 1/16/96, Exhibit 5 - Notice of Hearing dated 1/26/96, and Exhibit 6 . Composite
Photos taken 2/14/961, it is evident that work has been done without proper permits or inspections
at 904 Lotus Path, Clearwater, FL.
CONCLUSIONS OF LAW
Steven Fabos. Real Property Owner. is in violation of Chapter 47, Article IV. Sections
47.081 and 47.083 of the Clearwater City Code of Ordinances.
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mcb2a.96
February 14. 1996
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ORDER
It is the Order of this Board that Steven Fabos shall comply with Section Chapter 47, Article
IV, Section 47.081 and 47.083 of the City of Clearwater Code of Ordinances by 2/24/96.
If Steven Fabos does not compl'y within the time specified, the Board may order him to pay a
fine of $100.00 per day for each day the violation continues to exist.
If Steven Fabos 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 any real or personal property owned by the violator pursuant
to Chapter 162, Florida Statutes. Upon complying, Steven Fabos shall notify Mark Hively, 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.
Any aggrieved party may petition the Board to reconsider or rehear any Board 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 to grant the
Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously.
Case 10-96
Moti & Kanta, Shewa
55 Gardenia Street
(Building Code)
Mr. Shewa called prior to the meeting advising they would be late due to a malfunctioning
bridge. Since all the cases had been heard, Member Riley moved to continue this case to March
27, 1996. The motion was duly seconded and carried unanimously.
4. MINUTES
Member Riley moved to approve the minutes of January 24, 1996, as submitted. The
motion was duly seconded and carried unanimously.
5. ADJOURNMENT
The meeting adjourned at 3:29 p.m.
Attest:
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February 14, 1996
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