06/08/1988 MUNICIPAL CODE ENFORCEMENT BOARD
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 was called to order by the Chairman at 1:00 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 06 1
Item No. 1 Eddie J. Walker
1415 Taft Ave.
Blk. 1, Lot 16, Lincoln Place Sub.
Vernon Packer, Sanitation Inspector, stated he inspected the property on March 16, 1988. On March 21, 1988, he phoned Mr. Walker who stated he would clear the property within two weeks.
The property was posted on April 7 and again on May 16, 1988, and a copy of the posting notice was hand delivered to Mr. Walker's business. City submitted exhibits #1, 2 and 3, photographs
of the property taken April 7, May 16, and June 8, 1988.
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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Case No. 70 88 Craig Berlett/Century Soft Water Co. Inc.
(Occupational License) cont. from 5/11/88
Barbara Sexsmith, Occupational License Inspector, submitted City Exhibit #1, a copy of a page from the GTE Everything Pages showing a listing for Century Soft Water Co. Inc. as evidence
that Century Soft Water Co. Inc. is in business without an occupational license.
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, l988, 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 Barbara Sexsmith,
Occupational License Inspector, and viewing the evidence, exhibits submitted: City Exhibit #1, 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.
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. If 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 constitute 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 without a
subsequent hearing. Should a dispute arise concerning compliance, either 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.
Case 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. Motion was duly seconded
and carried unanimously.
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Case No. 116 88 Henry W. Meister (Fire Code)
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
#1, 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 90 days no longer applies as the time has elapsed.
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 with 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 monitored and comply with
the State'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 1st, 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.
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 No. 117 88 Carol S. Haeck (Building Code)
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 #1 a&b, photographs of the property taken April 14th and Exhibit #2, a photograph
taken April 22, 1988.
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The Assistant City Attorney requested the Board take judicial notice of the applicable Code section.
Mr. Haeck submitted defendant Exhibits #1 & 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.
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.
Mr. Cardinal moved that concerning Case No. 117 88 regarding violation of 103, Standard Building Code; 138.01 and 145.07(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, l988, 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 Philip Charnock, Building Inspector and Mr. Haeck and viewing the evidence, exhibits submitted: City Exhibits #1 and 2 and Defendant
Exhibits #1 and 2, it is evident that no violation exists.
The Conclusions of Law are: Carol Haeck is not in violation of Sections 103, Standard Building Code, 138.01 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 dismissed. Motion was duly seconded
and carried unanimously.
Done and Ordered this 8th day of June, 1988.
Unfinished Business
Case No. 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 of the Board was that Henry Cruise comply
with Section 134.013(a) of the Code of the City of Clearwater by March 9, 1988. 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 confused regarding which signs were to be removed.
Mr. Elliott moved to withdraw the Affidavit of Non Compliance in Case No. 185 87. Motion 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 No. 194 87 Karl & Maria Weg (Fire Code)
Affidavit of Non Compliance
Affidavit of Compliance
Mr. Angelis moved to accept the Affidavit of Non Compliance and issue the order imposing the fine in Case No. 194 87. Motion was duly seconded and
carried unanimously.
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 194 87. Motion was duly seconded and carried unanimously.
Case No. 9 88 L. Lambos/Nostimo Inc. (Building Code)
Affidavit of Non Compliance
Case No. 58 88 Anne Graffunder/P.M.M. Capital Inc.
(Occupational License) Affidavit of Non Compliance
Case No. 83 88 Maureen & E.J. Mitskevich/Quick Tan/Cash for Gold
(Sign Code)
Affidavit of Non Compliance
Mr. Cardinal moved to accept the Affidavits of Non Compliance and issue the Orders imposing the fines in Case Nos. 9 88, 58 88, and 83 88. Motion was duly seconded and carried unanimously.
Case No. 62 88 James Ronspies/Pinellas Management and Accoun.
(Occupational License) Affidavit of Compliance
Case No. 75 88 T.M.C. Remote Productions (Occupational License)
Affidavit of Compliance
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 Secretary informed the Board a memo has gone out to the Commission from the City Manager stating several steps will be instituted that should alleviate some of the problems the
Board has experienced.
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Fine Status Report
Case No. 170 87 Donald N. Bossey/Mary J. Eisenbise
Mr. Cardinal moved to instruct the Secretary to the Board to file the lien in Case No. 170 87. Motion was duly seconded and carried unanimously.
Case No. 56 87 Sun Tracs Recording Studio
Mr. Elliott moved to direct foreclosure in Case No. 56 87. Motion was duly seconded and carried unanimously.
Case No. 128 87 David Spencer/Imperial Limousine
Mr. Elliott moved to direct foreclosure in Case No. 128 87. Motion was duly seconded and carried unanimously.
New Business None.
Minutes May 11, 1988.
Mr. Elliott moved to approve the minutes of the meeting of May 11, 1988 as submitted. Motion was duly seconded and carried unanimously.
The meeting adjourned at 2:35 P.M.
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