12/11/1996 (2)
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Municipal Code Enforcement Board
Minutes
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
~ December 11, 1996
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1. PUBLIC HEARINGS
A. Case 43-96 (Cont'd 11/13) A. Ordered compliance by 1/10/97.
Mido USA Inc.
1590 Gulf Blvd, (restaurant only)
(Life Safety Code)
B. Case 44-96 ICont'd 11/13) B. Withdrawn; complied prior.
Felecia Johnson
3123 John's Parkway
{land Development Codel
C. Case 45-96 (Cont'd 11/13) C. Ordered compliance within 120
Charles Howard days. . ~,
1140 Palm Bluff Street -
(Building Codel
D. Case 49-96 Dt Continued to 1/22/97.
RKM Development Corp
1880 Belcher Road N. (Walgreen'sl
IEnvironmental1
f!~" E. Case 50-96 E. Continued to 1/22/97.
~"#)i Randy & Karen Klaub
1906 Radcliffe Dr. N.
(Building Code)
F. Case 51-96 F. Continued to 1/22/97.
Clearwater Jaycee Memorial
Foundation, c/o W. Phillips Esq.
2754 Sunset Point Road
(Environmental)
2. UNFINISHED BUSINESS
A. Reconsideration of Rehearing A. Denied rehearing.
Case 25-96
Gilbert G. Jannelli
1930 Drew Street
3. OTHER BOARD ACTION/DISCUSSION 3. None.
4. APPROV AL OF MINUTES - November 13, 1996 4. Approved as submitted.
5. ADJOURNMENT 5. 3:50 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITV OF CLEARWATER
December 11, 1996
Present:
Stephen D., Chair
Louise C. Riley, Vice-Chair
Dennis Henegar, Member
Helen Kerwin, Member
Lawrence Tieman, Member
Frank Huffman, Member
Leslie Dougall.Sides, Assistant City Attorney
, Mark Connolly, Attorney for the Board
M. Kathryn Diana, Secretary for the Board
Brenda Moses, Board Reporter
Absent:
Peg Rogers, Member
t~:>'
The meeting was called to order by Chair Swanberg at 3:00 p.m. in the
Commission Chambers at City Hall. In order to provide continuity for research, the
items will be listed In agenda order although not necessarily discussed in that order.
The Chair 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 PinelJas County. Any such appea(must be filed within thirty (30) days of
the execution of the order to be appealed. He noted that Florida Statue 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
A. Case 43-96 (Continued 11/13/961
Mido USA Inc.
1590 Gulf Blvd. (restaurant only)
(Life Safety Code)
Secretary for the Board, M. Kathryn Diana, read the Affidavit of Violation and
Request for Hearing. In response to a question, Mr. Jeff Martinf General Manager
for Mido USA Inc.' s hotel and restaurant, stated he agreed with the violation as
read. Assistant City Attorney Leslie Dougall-Sides stated the restaurant portion of
the business was cited for unsafe means of egress. Also, siding on the roof was to
be secured. A notice of violation was issued on September 3, 1996. She noted a
recommendation was made for the property owner to be found in violation and
given 10 days to comply, or a fine of $250 per day be imposed due to the safety
nature of this violation. City Exhibits 1-5 were introduced.
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In response to a question, Inspector Wright said the first notice of unsafe
egress was issued on May 10, 1996, and to date, the staircase has not been
repaired. A permit was issued on November 27, 1996 to start work. Work was
started this morning. The staircase is being constructed of metal and encompasses
the second and third floors. The Fire Department requires egress for these floors.
In response to a question, Mr. Martin said the restaurant is on the second
floor. There is a small banquet room on the third floor. Inspector Wright said the
third floor staircase is in question as well because of its condition. Mr. Martin saId
his understanding of the issue regards the area in the northwest portion of the
property, which is the area he is addressing today. Inspector Wright said all of the
stairs at the rear of the structure were referenced in the inspection report. Mr.
Martin said he was only aware of, and addressing, the second floor stairs at the
northwest corner. Demolition of the second floor stairs leading to the ground floor
commenced this morning and installation is scheduled for tomorrow.
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In resporyse to a question, Mr. Martin said there is a main entrance to the
restaurant and a wrapwaround balcony with sliding glass doors that extends along
the southern portion of the restaurant. He stated to his knowledge it Is an approved
fire exit. In response to a question, Inspector Wright said there Is an exit from the
kitchen area in the front, and it would be necessary to go around the kitchen to get
to the balcony. The staircase currently being addressed extends from the kitchen
area. There is an exit on the second and third floors. Should a fire start in the front
of the restaurant, there is no safe egress.
In response to a question, Inspector Wright said the notice of violation was
issued on September 3, 1996 with 10 days for compliance. As of November 3,
1996, this business was still in violation. Mr. Martin said he was having difficulty
with the contractor, and contends the work will be done by December 13, 1996.
He agreed the third floor stairs need attention. He noted at the second floor
landing, there is an exit in the restaurant off the bar and hostess area, and openings
at the southwest portion of the restaurant. On the right.hand side is a kitchen,
which has its own exit down to the ground level. The area being dealt with goes
directly out that corner, drops down and is shared with an adjoining condominium
owner. Part of the delay for noncompliance was determining ownership of the
stairs. Mr. Martin stated the property documents do not indicate easements or clear
ownership of the stairs, and the Mido had to engage legal assistance to remedy the
situation. Since the owner resides out of state, it has taken longer than anticipated
to resolve this concern. In answer to a question, Mr. Martin said a representative of
Mido walked through the premises with the Fire Marshall. Afterward, Mr. Martin
said he thought the stairwell currently under construction was the only one that
required repairs. In response to a question, Mr. Martin acknowledged that the third
floor is occasionally used for banquet purposes, and has two means of egress. One
stairway extends up from the main body of the restaurant, and a stairway descends
to the kitchen area and down to the ground floor. The stairway that extends from
the third floor to the kitchen and to the ground floor is of concrete construction.
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Mr. Martin said his understanding throughout the process was that the
northwest staircase was the only violation. He said the other stairway Will be
addressed. It is owned solely by the Mido. He confirmed work is in progress.
Inspector Wright felt the work in progress on the staircase at the northwest corner
could be completed in 20 days. Mr. Martin noted he did not feel both staircases
could be completed within 20 days, and that new permitting would be required. It
was noted the basic paperwork was already applied for and repair work to the
second set of stairs should be accomplished faster. It was noted that the restaurant
was originaUy cited in May of 1996, and no repairs have been made to date.
Member Riley moved that concerning Case 43-96, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 11,
1996, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:,
FINDINGS OF FACT
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After hearing testimony 'of William Wright, Code Inspector, and Jeff Martin,
representing the Respondent, and viewing the evidence, City Exhibits 1-5 (Ex. 1 -
Chapter 2, Section 202 of the Standard Unsafe Building & Abatement Code, Ex. 2 -
certified letter of notice of unsafe egress; Ex. 3 - notice of violation; Ex. 4 - notice
of hearing; Ex. 5 - composite photographs of unsafe structure) it is evident a
violation exists, the stairs on the west side of the subject property are damaged,
dilapidated and unsafe and create a serious hazard to the health, safety and welfare
of the public.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Chapter 2,
Section 202, Standard Unsafe Building & Abatement Code, Unsafe Building 1 and 2,
in that the Respondent has failed to remedy the cited violation.
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation on or before January 10, 1997. The burden shalf rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected on or before January 10, 1997, the
Respondent may be ordered to pay a fine in the amount of two hundred fifty and
no/100 dollars ($250.00) per day for each day the violation continues beyond
January 10, 1997.
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If Respondent 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
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personal property owned by the Respondent pursuant to Chapter 162 of the Florida
Statutes.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
Any aggrieved party may petition the Board to reconsider or rehear any 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.
B. Case 45~96 (Continued 11{13/961
Charles Howard
1140 Palm Bluff Street
(Building Code)
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Mr. Howard was not present at this hearing. Ms. Diana read the Affidavit of
Violation and Request for Hearing for Case 45-96. The date of official notice of
violation was August 8. 1996 for building interior walls, electrical boxes, skylight
and dormer without permits or inspections. Ms. Dougall-Sides noted Case 45-96
had been continued at the last meeting. Mr. Howard arrived and addressed the
Board after the continuance was granted and heard. He agreed with the violation as
read, and was working toward compliance, hoping the architect's plans would be
ready the following week. She submitted City Exhibits 1-6.
Inspector Robert Scott said he spoke to Mr. Howard on December 9, 1996.
He was meeting with his architect at 3:00 p.m. to pick up the plans. Inspector
Scott said he spoke to him again this afternoon and Mr. Howard stated there were
mistakes that needed to be corrected on the plans. He took them back to the
architect and was to have them back today. Inspector Scott said, as of 2:30 p.m.
this afternoon Mr. Howard did not have the plans back. The work is being done
without charge, therefore, this project may not be completed expeditiously. Mr.
Howard will be occupying the house and the structure behind it will be occupied by
his children. Inspector Scott expressed concern the initial notice of violation was
sent some time ago, and to date, nothing has been done. He recommended 1 20
days to comply, or a fine of $25 per day for each day the violation continues to
exist.
Member Riley moved that concerning Case 45~96, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 11,
1996, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
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FINDINGS OF FACT
After hearing testimony of Robert Scott, Code Inspector; and viewing the
evidence; City Exhibits 1.6 (Ex. 1 - notice of hearing, Ex. 2 - notice of violation and
order to stop work; Ex. 3 - verification of ownership; Ex. 4 - notice of hearing; Ex. 5
4 certified mail receipts; and Ex. 6 - composite photographs of property conditions) it
is evident a violation exists, interior walls, electrical boxes, skylite and dormer were
built without permits or inspections.
CONCLUSIONS OF LAW
The Respondent; by reason of the foregoing, is in violation of Chapter 47,
Article IV, Section 47.081 and 47.083(2) and Article V, Section 47.111 of the Code
of the City of Clearwater in that the Respondent has failed to remedy the cited
violation.
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 120 days (April 10, 1997). The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
f::)
In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected on or before April 10, 1997, the Respondent
may be ordered to pay a fine in the amount of twenty-five and no/100 dollars
($25.001 per day for each day the violation continues beyond April 10, 1997.
If Respondent 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 Respondent pursuant to Chapter 162 of the Florida
Statutes.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing,.
Any aggrieved party may petition the Board to reconsider or rehear any 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.
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C.
Case 49-96
RKM Development Corp.
1880 Belcher Road N. (Walgreen's)
{Environmentall
D. Case 50~96
Randy and Karen Klaub
1906 Radcliff Dr. N.
IBuilding Code}
Member Henegar moved that Case 49-96 and Case 50-96 be continued to
the meeting of January 22, 1997, to obtain proof of service. The motion was duly
seconded and carried unanimously.
E. Case 51 ~96
Clearwater Jaycee Memorial
Foundation, clo W. Phillips Esq.
2754 Sunset Point Road
( Environmental)
In a letter dated December 6, 1996, Attorney Wayne Phillips requested
continuing this case as he would not be in the area on the day of the hearing.
t:~~)
Member Henegar moved that Case 51-96 be continued to th~ meeting of
January 22, 1997. The motion was duly seconded and carried unanimously.
2. UNFINISHED BUSINESS
A. Reconsideration of Rehearing
Case 25~96
Gilbert G. Jannelli
1930 Drew Street
Attorney Connolly requested clarification of the Board's intent when they
granted Dr. Jannel~i a rehearing on September 25, 1996. Ms. Dougall-Sides noted
the City objected to granting a rehearing due to no appeal to the original order being
filed.
Discussion ensued regarding the hearing held on November 13, 1996, and it
was indicated this hearing was held to provide an update on whether Dr. Jannelli
was in compliance after he was granted a conditional use permit on September 10,
1996. At this hearing the Board also addressed a reduction in fine.
Discussion ensued in regard to there being no value in rehearing the case as
a conditional use has been approved and the fine has been paid.
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Member Henegar moved concerning Case 25-96 to deny a rehearing. The
. motion was duly seconded and carried unanimously.
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3.
. OTHER BOARD ACTION/DISCUSSION
The next meeting of the Municipal Code Enforcement Board is scheduled for
January 22, 1997 at the Harborview Center.
4. APPROVAL OF MiNUTES - NOVEMBER 13, 1996
Member Henegar moved to approve the minutes of November .13, 1996 as
sUbmitted in writing to each member. The motion wa~ duly seconded and carried
unanimously.
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5.
ADJOURNMENT
The meeting adjourned at 3:49 p.m.
Attest:
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Chair ~
Municipal Code Enforcement Board
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Secretar to th oard
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