02/25/2009
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 25, 2009
Present: Douglas J. Williams Chair
Richard Avichouser Vice Chair
Ronald V. Daniels Board Member
Phillip J. Locke Board Member
James B. Goins Board Member
Absent: David W. Campbell Board Member
Michael Boutzoukas Board Member
Also Present: Camilo Soto Assistant City Attorney
Kevin Mekler Attorney for the Board
Rosemarie Call Management Analyst
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 3:00 p.m. at City Hall, followed by the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
The Chair outlined the procedures and stated any aggrieved party may appeal a final
administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas
County within thirty days of the execution of the order. Florida Statute 286.0109 requires any
party appealing a decision of this Board to have a record of the proceedings.
2. PUBLIC HEARINGS
2.1 Case 44-07 – Status Report – Cont’d from 11/19/08
Nickel Plate Properties, Inc.
2165 Gulf-to-Bay Boulevard
Public Nuisance/ Buildings/Lot Clearing/Unmaintained r-o-w – Franco
Assistant City Attorney Camilo Soto said Nickel Plate Properties’ representative had
requested this item be continued.
Member Avichouser moved to continue Case 44-07 to March 25, 2009. The motion was
duly seconded and carried unanimously.
2.2 Case 46-07 – Status Report – Cont’d from 11/19/08
Paula L. Ross
431 Palm Isle SE
Required Inspections, Fees – Wilson
Attorney Soto reported that the City was withdrawing Case 46-07.
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2.3Case 32-08 – Cont’d from 11/19/08
Mirko & Anka Rudman
221 Coronado Drive
Landscaping – Brown
Attorney Soto reported that the City was withdrawing Case 32-08.
2.4 Case 09-09
Griffin International, Inc.
1515 Highland Ave.
Graffiti, Outdoor Display/Storage – Franco
Following discussion of Cases 09-09 and 10-09, it was suggested the cases be heard
separately.
Member Goins moved to hear Cases 09-09 and 10-09 separately. The motion was duly
seconded and carried unanimously.
Property owner Dushyant Gulati admitted to the violation.
Inspector Peggy Franco provided a PowerPoint presentation. Violations at 1515
Highland Avenue relate to graffiti and outdoor display and storage. The initial inspection was
done on October 22, 2008 and the notice of violation was issued on November 18, 2008.
Violations had not been corrected when an inspection was done on November 26, 2008.
Photographs taken on October 22 and 28 and November 5 and 26, 2008 show graffiti on the
rear fence and the outdoor display and storage of cages outside a store. Ms. Franco said
graffiti on the fence had been painted over; graffiti on the retention pond wall remains.
Mr. Gulati said his attempt to prevent graffiti by lighting the area at night had not been
successful and staff paints over graffiti as soon as it is discovered. He said although he paid to
install the fence behind the shopping center, the fence is not on his property.
Development Services Manager Dan Bates said graffiti was visible yesterday on the
retention pond wall and cages were displayed outside a store.
Member Goins moved to find the Respondent in violation of the City of Clearwater Code
of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector Franco requested compliance by March 4, 2009, or a $250 per day fine be
imposed. She testified that the notice of hearing had been posted on the property.
Mr. Gulati requested additional time to remove the graffiti on the unpainted retention
pond wall, as his efforts had been unsuccessful. Attorney Soto said City staff is not responsible
for helping to remove graffiti; the property owner is responsible for a cure.
Attorney Camilo Soto submitted City composite exhibits.
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Concerns were expressed that Mr. Gulati cannot prevent graffiti and should not be
punished for a law enforcement issue nor be subject to repeat violation fines if he files timely
police reports.
Member Daniels moved that this case came before the City of Clearwater Code
Enforcement Board February 25, 2009, after due notice to the Respondent(s), and having heard
testimony under oath and received evidence, the Board issues the following Findings of Fact,
Conclusions of Law, and Order:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that there is graffiti on the
fence and retention pond wall and an outdoor display of cages.
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1502.B, as
referred in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of
the City of Clearwater Code by March 31, 2009. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $250 per day for each day the violation continues
to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fail/fails to 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 property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board 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.
Any aggrieved party may appeal a final administrative Order of the Municipal Code
Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the
execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this
Board to have a record of the proceedings.
The motion was duly seconded and carried unanimously.
Code Enforcement 2009-02-25 3
2.5 Case 10-09
Griffin International, Inc.
1515 Highland Ave.
Signs – Franco
Property owner Dushyant Gulati did not admit to the violation.
Inspector Franco provided a PowerPoint presentation. Violations at 1515 Highland
Avenue relate to unauthorized signage and sign maintenance. Previously, property signage
was brought into compliance in both April and October 2007, following staff intervention. The
initial inspection for current violations was done on October 10, 2008 and the notice of violation
was issued on October 15, 2008. Violations had not been corrected when an inspection was
done on October 28, 2008. Photographs taken on April 6, 2007 and October 28, 2008 indicate
push down signs and a non-permitted sign in the right-of-way, a banner attached to vegetation
and another on a storefront, sandwich board signs in front of stores, and missing letters on the
entrance sign, which requires maintenance. Ms. Franco said the property owner is responsible
for onsite signage.
Member Locke moved to find the Respondent in violation of the City of Clearwater Code
of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector Franco requested compliance by March 4, 2009, or a $250 per day fine be
imposed.
It was felt that the property owner should require his tenants to adhere to City sign
regulations.
Mr. Gulati said shopping center tenants tend to comply after he informs them about City
sign regulations. He said his shopping center is in a neighborhood and tenants need additional
signage to mitigate poor economic conditions.
Tenant Sharon Gibbons said she had little budget for advertising and did not know that
sandwich board signs were illegal.
Attorney Soto submitted composite exhibits.
Member Avichouser moved that this case came before the City of Clearwater Code
Enforcement Board February 25, 2009, after due notice to the Respondent(s), and having heard
testimony under oath and received evidence, the Board issues the following Findings of Fact,
Conclusions of Law, and Order:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that there is signage
without permits, signs attached to trees or other vegetation, portable signs and an entrance sign
requiring maintenance.
Code Enforcement 2009-02-25 4
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1502.B, as
referred in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of
the City of Clearwater Code by March 4, 2009. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $250 per day for each day the violation continues
to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fail/fails to 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 property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board 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.
Any aggrieved party may appeal a final administrative Order of the Municipal Code
Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the
execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this
Board to have a record of the proceedings.
The motion was duly seconded and carried unanimously.
2.6 Case 11-09
Avi Adler & Nava Adler
519 Yelvington Ave.
Partially Constructed Bldg, Landscaping – Franco
No one was present to represent the owners.
Inspector Franco provided a PowerPoint presentation. Violations at 519 Yelvington
Avenue relate to a public nuisance building and landscaping maintenance. The initial inspection
for landscaping was done on September 29, 2008 and the property was posted with a notice of
violation on October 23, 2008. This violation had not been corrected when an inspection was
done on November 24, 2008. The initial inspection for the public nuisance building was done on
November 24, 2008, and the notice of violation was issued on December 2, 2008. This violation
had not been corrected when an inspection was done on December 31, 2008. Photographs
taken on September 29 and December 31, 2008 indicate the driveway had expanded into the
front lawn and the rear building was in poor condition with a missing roof and deteriorated blue
tarp. Permits to repair the building had expired.
Code Enforcement 2009-02-25 5
Member Goins moved to find the Respondent in violation of the City of Clearwater Code
of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector Franco said sod had been installed and the building permit had been
reactivated. She requested that the board declare the violation was corrected prior to the
hearing and that no fine be imposed.
Attorney Soto submitted composite exhibits.
Member Daniels moved that this case came before the City of Clearwater Code
Enforcement Board on February 25, 2009, after due notice to the Respondent(s), and having
heard testimony under oath and received evidence, the Board issues to the following Findings
of Fact, Conclusions of Law, and Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition existed;
however, it is further evident this condition was corrected prior to this hearing.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 3-
1503.B.2., 3-1503.B.1., 3-1502.H.2 as referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondents. The
Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the
Board may order the Respondent(s) to pay a fine for each day the violation exists after the
Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board
has the authority to impose a fine at that time without a subsequent hearing.
Any aggrieved party may petition the Board to reconsider or rehear any Board 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.
Any aggrieved party may appeal a final administrative Order of the Municipal Code
Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the
execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this
Board to have a record of the proceedings.
The motion was duly seconded and carried unanimously.
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2.7 Case 12-09
Carole Cappabianca & Doris Viola
2330 Nash St.
Recreational Vehicle - Franco
Attorney Soto reported that the City was withdrawing Case 12-09.
3. UNFINISHED BUSINESS
3.1 Case 24-08 Affidavit of Non-Compliance
Avraham Bensimon
309 S Pegasus Ave.
Abandoned Building
Public Nuisance Condition - Franco
Member Daniels moved to accept the Affidavit of Non-Compliance and issue the Order
imposing a fine for Case 24-08. The motion was duly seconded and carried unanimously.
4. OTHER BOARD ACTION/DISCUSSION
4.1 Case 37-06 – Request for fine reduction hearing
Wells Fargo Bank NA
811 Druid Road E.
Unsafe Building
2008 Just Market Value - $115,700
Member Avichouser moved to schedule a hearing regarding a fine reduction request for
Case 37-08 on March 25, 2009. The motion was duly seconded and carried unanimously.
5. NUISANCE ABATEMENT LIEN FILINGS:
Laurence W Norman III & Laurence W. Norman Jr. PNU2008-01038
1282 Palmetto St.
10-29-15-26550-007-0060 $419.45
James Shoulders Est. PNU2008-01585
2490 Nash St.
18-29-16-34542-004-0020 $200.00
Julia M. Neal & Alton Neal PNU2008-01594
Rita Jean Neal Swain & Lance Neal Swain
2232 Glenmoor Rd. N.
19-29-16-56448-000-0350 $200.00
Chang Yang & Kazoua Xiong PNU2008-01671
1316 Beachwood Ave.
08-29-16-99099-005-0010 $423.11
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Felix Lanke & Phoung Lauke PNU2008-01724
2436 Enterprise Rd.
31-28-16-00000-120-0500 $401.66
Patricia De Priest PNU2008-01833
1631 Tuscola Rd.
23-29-15-76428-000-0280 $200.00
Elizabeth L. Beard PN U2008-02060
1528 Laura St.
14-29-15-18954-005-0170 $341.60
Indymac Bank PNU2008-02112
511 N. Jefferson Ave.
10-29-15-18414-012-0120 $627.20
Timothy Savio PNU2008-02344
1131 Lakeview Rd.
22-29-15-48978-002-0030 $438.08
Patricia Massard PNU2008-02372
1395 Satsuma St.
22-29-15-11988-017-0020 $348.92
Member Avichouser moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
6. APPROVAL OF MINUTES - January 28,2009
Member Goins moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of January 28, 2009, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 4:14 p.m.
Ir
Mu icipal Code Enforcement Board
Attest:
Code Enforcement 2009-02-25
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