12/14/1988 MUNICIPAL CODE ENFORCEMENT BOARD
December 14, 1988
Members present:
Phillip N. Elliott, Vice-Chairman
James Angelis
Frank Morris
Bruce Cardinal
William Murray
Absent:
Robert Aude, Chairman (excused)
7th seat vacant
Also present:
Rob Surette, Assistant City Attorney
Kenneth L. Feldhausen, 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 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
List 88-12-1, Public Nuisance/Lot Clearing
The Vice-Chairman read through the list asking if anyone was present for a
hearing concerning any of the items. There was no response. No action taken.
Case No. 121-88 Cyprion Enterprises, Inc./Vasos Militiadou
dba LaRose Restaurant
126 Island Way
(Land Development)
Cont. from 10/12/88
Geri Doherty, Development Code Inspector, stated in November of 1987 the City was informed of a new business at 126 Island Way called LaRose Gourmet Restaurant. She stated there is
no record of the new business having received a conditional use for alcoholic beverage sales, as required when a business changes ownership, citing Code section 136.024(b).
Vasos Militiadou, agent for the restaurant and part owner, stated he bought out one of the owners of the business in June, 1988. He was informed by city staff the license could not
be transferred to a new owner or agent and that a conditional use was required. Mr. Militiadou stated he can not yet apply for a conditional use as the property owner will not give
permission until the debt of the previous owner is paid off. He stated he needs another month to pay off the debt and apply for the conditional use.
When questioned concerning the probability of the conditional use being granted, Geri Doherty stated this type of request is usually granted. She stated the process of acquiring a
conditional use takes approximately two months.
Mr. Angelis moved that regarding Case No. 121-88, concerning violation of Section 136.024(b) of the City Code on property located at 126 Island Way, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of December, 1988, 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 Geri Doherty, Development Code Inspector and Vasos Militiadou and viewing the evidence, it is evident that there is a condition
in existence keeping Cyprion Enterprises, Inc. from processing an application for the required conditional use.
The Conclusions of Law are: Cyprion Enterprises, Inc. is in violation of Section 136.024(b) of the City Code.
It is the Order of this Board that Cyprion Enterprises, Inc. dba LaRose Gourmet Restaurant shall comply with Section 136.024(b) of the Code of the City of Clearwater within 90 days
(3/14/89). If Cyprion Enterprises, Inc. does not comply within the time specified, the Board may order them to pay a fine of $10.00 per day for each day the violation continues to exist.
If Cyprion Enterprises, Inc. 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, Cyprion Enterprises
shall notify Geri Doherty, 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.
Done and Ordered this 14th day of December, 1988.
Case No. 128-88 National Realty Consultants, Inc.
Agent for Mildred Harbison
1206-1208 Hamlet Avenue
(Life Safety Code)
Karl Whittleton, Life Hazard Safety Inspector, stated on March 10, 1988 he observed that the building did not have the required one hour separation between units. He stated he visited
the property eight different times including the morning of the hearing, at which time he could not gain entrance. Mr. Whittleton stated work had been started on one unit.
The Assistant City Attorney requested the Board take judicial notice of Section 93.21 of the Clearwater City Code adopting NFPA Life Safety Code 101.
In response to questions, Mr. Whittleton stated the building contains 7 units with ten tenants, requiring five one hour separations. Mr. Whittleton also stated no building permit had
been issued for the work that had been done.
Susan Hicks, representing National Realty Consultants, stated the original agent for the property, left the company without acting on notices sent of the violation. Ms. Hicks stated
she has a contractor for the job and has been trying to get all the tenants and contractor together at same time for the installation.
She requested 30 days in which to come into compliance.
Bruce Cardinal moved that regarding Case No. 128-88 concerning violation of Section 6-2.2.5, NFPA Life Safety Code 101 on property located at 1206-1208 Hamlet Ave., the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of December, 1988, 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 Karl Whittleton, Life Hazard Safety Inspector, and Susan Hicks, representing National Realty Consultants, Inc. and viewing the evidence,
it is evident that separations between units do not meet the minimum fire separation requirements.
The Conclusions of Law are: National Realty Consultants, Inc., is in violation of Section 6-2.2.5, NFPA Life Safety Code.
It is the Order of this Board that National Realty Consultants, Inc. shall comply with Section 6-2.2.5, NFPA Life Safety Code, as adopted by the City of Clearwater, within 30 days (1/13/89).
If National Realty Consultants, Inc. does not comply within the time specified, the Board may order them to pay a fine of -$25.00 per day for each day the violation continues to exist.
If National Realty Consultants, Inc. 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, National Realty
Consultants, Inc. shall notify Karl Whittleton, 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.
Done and Ordered this 14th day of December, 1988.
UNFINISHED BUSINESS
Item No. 2 Henry L. Moore
LC 88-09-1 808 Pennsylvania Avenue
Inspector's Status Report
The Sanitation Inspector submitted a report indicating very little work has been done on the fence at 808 Pennsylvania Ave. since last month's inspection.
OTHER BOARD ACTION
Fine Status Report
The Fine Status Report was reviewed.
NEW BUSINESS
The Board was requested to hear several pending false alarm violation cases at the January 25th meeting. Consensus of the Board was to agree.
MINUTES
Mr. Cardinal moved to accept the minutes of the meeting of November 9, 1988. The motion was duly seconded and carried unanimously.
The meeting adjourned at 1:40 p.m.
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