05/11/1988 MUNICIPAL CODE ENFORCEMENT BOARD
May 11, 1988
Members present:
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 City Attorney
Shirley A. Corum, Secretary for the Board
The meeting was called to order by the Chairman at 1:03 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`
`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The Secretary to the Board requested the following cases be withdrawn as the violations have been corrected: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` Bayfone of Tampa/Pinellas County School Board
(Building Code) `cont. from 4/13/88`
`Case No. 32 88` John Ford d/b/a Clearwater Auto Wholesale
(Occupational License) `cont. from 4/13/88`
`Case No. 6
(Occupational License) `cont. from 4/13/88`
`Case No. 73 88` Craig Burlett d/b/a Chem Free of Florida
(Occupational License) `cont. from 4/13/88`
`Case No. 86 88` Counseling and Development Center
(Occupational License) `cont. from 4/13/88`
`Case No. 89 88` Vinyl Side
(Occupational License)
`Case No. 90 88` Paul Delmonte d/b/a Your Bookkeeper Inc.
(Occupational License)
`Case No. 92 88` All the World's a Stage
(Occupational License)
`Case No. 93 88` Cathy Geyman d/b/a Jeanie Maids
(Occupational License)
`Case No. 95 88` Lonnie Dixon d/b/a Dixon and Sons
(Occupational License)
`Case No. 96 88` Nicholas P. Vassilaros d/b/a Accurate Investigative Agency
(Occupational License)
`Case No. 98 88` Store Enterprises Inc.
(Occupational License)
`Case No. 100 88` Ruth W. Duncan
(Occupational License)
`Case No. 101 88` Daniel Tibbatts d/b/a Home Improvement Network
(Occupational License)
`Case No. 102 88` MEDIQ/PRN Life Support Services Inc.
(Occupational License)
`Case No. 104 88` Erin Shim d/b/a Computer Assistants
(Occupational License)
`Case No. 105 88` Joseph Mills d/b/a H.C.I.
(Occupational License)
`Case No. 106 88` Gary Neidermeyer d/b/a The Lawn Rangers
(Occupational License)
`Case No. 107 88` Stuart Raymond d/b/a Independent Pro Productions
(Occupational License)
`Case No. 110 88` A. D. C.
(Occupational License)
Mr. Elliott moved to `withdraw` Case Nos. 7, 32, 63, 73, 86, 89, 90, 92, 93, 95, 96, 98, 100, 101, 102, 104, 105, 106, 107, and 110 88. `Motion` was duly seconded and `carried` unanimously.
`Case No. 70 88` Craig Burlett/Century Soft Water Co. Inc.
(Occupational License) `cont. from 4/13/88`
The Assistant City Attorney pointed out that the violator is an incorporation and requested the case be continued to the meeting of June 8, 1988 in order that the proper party may be
cited.
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 County occupational license was obtained by the alleged violator, Stephen Labar. City submitted exhibit #1, 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.
`UNFINISHED BUSINESS`
`Case No. 17 87` Hank Freeman/Atrium Hotel
`Consideration of request to reduce fine`
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 foreclosed 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 evacuation; 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.
Mr. Elliott moved to reduce the fine in Case No. 17 87 to $10,000. Motion was duly seconded and upon the vote being taken: Mr. Elliott, Mr. Morris, Mr. Aude Mr. Angelis and Mr. Cardinal
voted "aye". Mr. Murray abstained. `Motion carried`.
`Case No. 153 87` A. Bomstein/R. Burnside
`Affidavit of Compliance`
`Case No. 15 88` T. Oakley/Kite Encounters
`Affidavit of Compliance`
`Case No. 57 88` James Smallwood
`Affidavit of Compliance`
`Case No. 21 88` J. Witmer/University Forum Inc.
`Case No. 85 88` J. Witmer/University Forum Seminars
`Affidavits of Compliance`
Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 153 87, 15, 57, 21 and 85 88. `Motion` was duly seconded and `carried` unanimously.
`OTHER BOARD ACTION`
Fine Status Report
The Fine Status Report was reviewed briefly.
Mr. Elliott moved to direct that liens be filed in Case Nos. 119 87 and 147 87. `Motion` was duly seconded and `carried` unanimously.
Mr. Elliott moved that foreclosure proceedings be initiated in Case Nos. 10 87, 36 87 and 63 87. `Motion` was duly seconded and `carried` unanimously.
Discussion ensued regarding the meeting with the City Commission on Monday, May 16, 1988 at 9 a.m. A memo signed by Mr. Aude will be distributed to the City Commission prior to this
meeting.
`NEW BUSINESS` None.
`MINUTES`
Mr. Elliott moved to approve the minutes of the meeting of April 13, 1988 as submitted. `Motion` was duly seconded and `carried` unanimously.
The meeting adjourned at 2:15 p.m.