Loading...
07/13/1988 MCEB 1\FE MUNICIPAL CODE ENFORCEMENT BOARD July 13, 1988 Members present: Phillip N. Elliott, ViceChairman James Angelis Frank Morris (arrived 1:05 p.m) Bruce Cardinal William Murray Absent: Robert Aude, Chairman (excused) seventh seat vacant Also present: Rob Surette, Assistant City Attorney Shirley A. Corum, 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 ViceChairman 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 88071  None.! `Case No. 11688` Henry W. Meister (Fire Code)! `continued from 6/8/88`! The Assistant City Attorney requested the Board take judicial notice of Florida Statutes 633.15, which applies the State Fire Marshal's Rules and Regulations to municipalities. ! Therefore, based on the testimony and exhibits entered into record at the hearing of June 8th, the owner is in violation of S.F.M. Rules and Regulations, 4A34.005. ! Mr. Cardinal moved that concerning Case No. 11688, Mr. Meister is in violation of S.F.M. 4A34.005. `Motion` was duly seconded and `carried` unanimously.! William Franklin, representing Henry Meister, arrived after the close of the public hearing. He stated the subject property is in the unincorporated area of the County and not in the City of Clearwater city limits.! Discussion ensued regarding whether the Board has jurisdiction if the property is not within the City limits.! Mr. Angelis moved to withdraw the Order and to `continue` Case No. 11688 to the meeting of August 10, 1988 to verify jurisdiction. `Motion` was duly seconded and `carried` unanimously.! `Case No. 11888` Rick W. Hackbart (Occupational License)! The Secretary to the Board stated the Inspector has requested this case be continued.! Mr. Cardinal moved to `continue` Case No. 11888 to the meeting of August 10, 1988. `Motion` was duly seconded and `carried` unanimously.! `Case No. 11988` Jawdet Rubaii (Occupational License)! The Secretary to the Board requested this case be withdrawn as the violation has been corrected.! Mr. Murray moved to withdraw Case No. 11988. `Motion` was duly seconded and `carried` unanimously.! `Case No. 12088` First Florida Business Services Inc.! (Occupational License)! The Secretary to the Board stated the Inspector has requested this case be continued.! Mr. Murray moved to `continue` Case No. 12088 to the meeting of August 10, 1988. `Motion` was duly seconded and `carried` unanimously.! `UNFINISHED BUSINESS` ! `Case No. 3687` Heffron of Florida Inc.! `Affidavit of Compliance`! Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 3687. `Motion` was duly seconded and `carried` unanimously.! `Case No. 17287` Robert Smiley d/b/a City Auto Sales Inc.! `Address the Board re accrued fine`! As the violator was not present, no action was taken.! `Case No. 888` Joseph Simonelli! `Affidavit of NonCompliance`! Mr. Cardinal moved to accept the Affidavit of NonCompliance and issue the order imposing the fine in Case No. 888. `Motion` was duly seconded and `carried` unanimously.! `Case No. 988` Larry Lambos d/b/a Nostimo Inc.! `Address the Board re Order`! Mr. Lambos stated he was before the Board on February 10, 1988. At that time he requested 90 days in which to prepare the property for demolition, which he completed in a month. He stated the Board told him City staff would take care of evicting his tenant, and they now refuse to do so. The Building Department will not issue the required permit to the demolition contractor because a tenant is still in the building. ! Tom Chaplinsky, Building Inspector, stated the remaining tenant is not located in the unsafe part of the building. Mr. Lambos could have three quarters of the building demolished and remodel the one quarter that is not considered unsafe.! It was noted the Board's order of February 10, 1988 clearly stated the need for Mr. Lambos to complete demolition by May 10th. A letter from Tom Chaplinsky to Mr. Lambos, dated May 11th, was read into the record reiterating the Board's order. Mr. Lambos is in noncompliance with that order.! Consensus of the Board was Mr. Lambos must comply with the Order of February 10th as stated.! `Case No. 7088` Craig Berlett d/b/a Century Soft Water Co. Inc.! `Affidavit of NonCompliance`! Mr. Cardinal moved to accept the Affidavit of NonCompliance and issue the Order imposing the fine in Case No. 7088. `Motion` was duly seconded and `carried` unanimously.! `Case No. 8388` E.J. & Maureen Mitskevich! `Letter of request for rehearing`! The Secretary read the letter of request for rehearing into the record. ! It was stated as they no longer own the business, their only recourse is through Municipal Court.! Mr. Angelis moved to deny the request for rehearing. `Motion` was duly seconded and `carried` unanimously.! `OTHER BOARD ACTION` ! Fine Status Report ! The Fine Status Report was reviewed.! `NEW BUSINESS`  None.! `MINUTES`  June 8, 1988! Mr. Murray moved to approve the minutes of the meeting of June 8, 1988 as submitted. `Motion` was duly seconded and `carried` unanimously. ! The meeting adjourned at 1:53 p.m.!