04/22/2009
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 22, 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
Michael Boutzoukas Board Member
Absent: David W. Campbell Board Member
Also Present: Camilo Soto Assistant City Attorney
Andy Salzman Attorney for the Board
Mary K. Diana Secretary for the Board
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 20-09
Pinellas 3100 Trust
c/o Bitman, Scott Tre
3100 Gulf-to-Bay Boulevard
Nonconforming Structures/Uses, Development Code Violation – Franco
Scott Bitman said he has applied for flexible development approval; however, the
architect he hired is out of town and requested a continuance.
Assistant City Attorney Camilo Soto said staff opposed a continuance as the violation is
ongoing and zoning restrictions prohibit flexible development approval of its current use.
Discussion ensued.
Member Avichouser moved to continue Case 20-09 to May 27, 2009. The motion was
duly seconded and carried unanimously.
Code Enforcement 2009-04-22 1
2.2 Case 21-09
Vas & Judith Vasilevski
600 Pennsylvania Avenue
Lot Clearing & Unmaintained R-O-W – Ruud
Property owner Vas Vasilevski did not admit to the violation.
Code Inspector Alan Ruud provided a PowerPoint presentation. A notice of violation
was issued on December 26, 2008, following the first inspection. Property photographs on
December 22, 2008, and February 2, February 7, and April 1, 2009, showed debris, including a
mattress, tires, lumber, garbage and overgrowth on the lot, and debris in the right-of-way and
covering the sidewalk.
Mr. Vasilevski said this violation is not a result of his actions. He agreed that
photographs accurately portrayed conditions at his industrial property. He expressed frustration
that he is unable to prevent the ongoing dumping of debris on this lot and reviewed his
significant efforts to resolve the problem. He requested City help; but the police need to be
present when the actual dumping was underway. He said the three-foot high fence allowed by
Code would not prevent dumping activities. To maintain the right-of-way, he said he has paid
the City to pick up debris.
Member Boutzoukas 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 Ruud suggested that Mr. Vasilevski contact the Planning Department
regarding extenuating circumstances and the need to install a taller fence and post no
trespassing signs. He said not all debris was removed from the lot and the lumber poses a fire
hazard.
Inspector Ruud recommended the property comply within 30 days or a fine of $150 per
day be imposed.
Discussion ensued with comments that the Respondent did not dump the debris and, in
good faith, had made considerable efforts to remedy the situation. Suggestions were made that
the Police Department increase patrols and more time be provided the Respondent to work with
staff to install a higher fence. Mr. Vasilevski said a higher fence would not restrict people from
dumping debris in the right-of-way and requested the City install an official no dumping sign.
Attorney Soto said owners are accountable for their property. He submitted a copy of
the PowerPoint presentation.
Member Boutzoukas moved to enter an order requiring the Respondent to comply on or
before June 21, 2009. If the Respondent does not comply within the time specified, the Board
may order a fine of $150 per day for each day the violation continues to exist. The motion was
duly seconded and carried unanimously.
Code Enforcement 2009-04-22 2
This case came before the City of Clearwater Code Enforcement Board April 22, 2009, after due
notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
issues the following :
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that there is debris, including a
mattress, tires, lumber, and garbage and overgrowth on the lot and debris in the right-of-way and covering
the sidewalk. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1503.B.7 and 3-
1503.B.8, 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 June 21, 2009. If Respondent(s) does/do not comply within the time specified, the
Board may order a fine of $150.00 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 Alan Ruud, 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.
nd
DONE AND ORDERED
this 22 day of April 2009, at Clearwater, Pinellas County,
Florida.
2.3 Case 22-09
Trust No 206
c/o Daniel F. Kingsburey Tre
206 Pennsylvania Avenue
Exterior Surfaces – Ruud
No one was present to represent the Respondent.
Inspector Ruud provided a PowerPoint presentation. A notice of violation was issued on
November 17, 2008, following the first inspection. Property photographs of the rental property
on November 17, 2008 and January 22, 2009, showed the structure is decaying, with algae on
exterior surfaces, a rotting stairway, and deterioration of the roof, fascia, soffit, and porch
overhang.
Code Enforcement 2009-04-22 3
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 Ruud recommended compliance within 30 days or a fine of $150 per day be
imposed.
Attorney Soto submitted a copy of the PowerPoint presentation.
Member Goins moved to enter an order requiring the Respondent to correct the violation
on or before May 27, 2009. If the Respondent does not comply within the time specified, the
Board may order a fine of $150 per day for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board April 22, 2009, after due
notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
issues the following :
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that the structure is decaying,
including algae on exterior surfaces and deterioration of the roof, fascia, soffit, and porch overhang, and a
rotting stairway. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1502.D, 3-
1502.C.3, 3-1502.C.1 and 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 May 27, 2009. If Respondent(s) does/do not comply within the time specified, the
Board may order a fine of $150 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 Alan Ruud, 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.
Code Enforcement 2009-04-22 4
nd
DONE AND ORDERED
this 22 day of April 2009 at Clearwater, Pinellas County,
Florida.
2.4 Case 23-09
Trust No 206
c/o Daniel F. Kingsbury Tre
206 Pennsylvania Avenue
Graffiti – Ruud
No one was present to represent the Respondent.
Inspector Ruud provided a PowerPoint presentation. A notice of violation was issued on
December 10, 2008, following the first inspection. Property photographs on December 10, 2008
and January 22, 2009, showed graffiti on the outside wall of the western structure. He has had
no contact with the Respondent.
Member Daniels 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 Ruud recommended the property comply within 30 days or a fine of $150 per
day be imposed.
Attorney Soto submitted a copy of the PowerPoint presentation.
Member Daniels moved to enter an order requiring the Respondent to correct the
violation on or before May 10, 2009. If the Respondent does not comply within the time
specified, the Board may order a fine of $150 per day for each day the violation continues to
exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board April 22, 2009,
after due notice to the Respondent(s), and having heard testimony under oath and received
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
evidence, the Board issues the following
ORDER
:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that there is graffiti on the
outside wall of the western structure. The Respondent was not present and had no
representation.
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1504, 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 May 10, 2009. If Respondent(s) does/do not comply within the
Code Enforcement 2009-04-22 5
time specified, the Board may order a fine of $150 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 Alan Ruud, 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.
nd
DONE AND ORDERED
this 22 day of April 2009, at Clearwater, Pinellas County,
Florida.
2.5 Case 24-09
Martin & Rhonda Sherman
Kenneth & William J. Shea
802 Jurgens Street
Windows, Door & Window Openings & Exterior Surfaces – Ruud
No one was present to represent the Respondents.
Inspector Ruud provided a PowerPoint presentation. A notice of violation was issued on
November 8, 2008, following the first inspection. Property photographs on November 3, 2008
and February 2, 2009, showed the building appears to be abandoned with an unsecured front
door, broken windows, deteriorating siding, skirting, and sash.
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 Ruud recommended the property comply within 30 days or a fine of $150 per
day per violation be imposed.
Concern was expressed in imposing fines for each violation.
Attorney Soto submitted a copy of the PowerPoint presentation.
Member Locke moved to enter an order requiring the Respondents to correct the
violation on or before May 22, 2009. If the Respondents 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. The motion was duly seconded and carried unanimously.
Code Enforcement 2009-04-22 6
This case came before the City of Clearwater Code Enforcement Board April 22, 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 the building appears to be
abandoned with an unsecured front door, broken windows, deteriorating siding and skirting, and
a sash is falling away. The Respondents were not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1502.C.3, 3-
1502.C.4, 3-1502.C.1 and 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 May 22, 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 Alan Ruud, 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.
nd
DONE AND ORDERED
this 22 day of April 2009 at Clearwater, Pinellas County,
Florida.
2.6 Case 25-09
Frank Persechino
Lina Teixeira
402 Marshall Street
Exterior Surfaces, Roof Maintenance, Door & Window Openings – Ruud
Property owner Frank Persechino did not admit to the violation.
Inspector Ruud provided a PowerPoint presentation. A notice of violation was issued on
September 19, 2008, following the first inspection. Property photographs of the occupied rental
property on February 9, 2009, showed siding falling off the building, peeling paint on the
overhangs and walls, unrepaired screens, and deteriorated shingles on the roof with missing
tabs. Repair efforts were not done correctly.
Code Enforcement 2009-04-22 7
Mr. Persechino reviewed repairs he had made and stated the City’s letter did not advise
him to contact Mr. Ruud when repairs were completed. He said the roof does not leak and
thought the complaint referenced rough wood beneath the soffit. He said the property complied
with the Code after repairs were made.
Inspector Ruud said he visited the property within the last two weeks and violations had
not been repaired properly.
Discussion ensued and it was requested that Inspector Ruud verify if the property had
achieved compliance.
Member Boutzoukas declared a conflict of interest.
Member Avichouser moved to continue Case 25-09 to May 27, 2009. The motion was
duly seconded. Members Avichouser, Daniels, Locke, and Goins and Chair Williams voted
“Aye.” Member Boutzoukas abstained. Motion carried.
2.7 Case 26-09
S I D Clearwater Marina LLC
900 N Osceola Avenue
Lot Clearing Violation, Unmaintained R-O-W – Ruud
No one was present to represent the Respondent.
Inspector Ruud provided a PowerPoint presentation. A notice of violation was issued on
October 7, 2008, following the first inspection. Property photographs on October 7, 2008 and
February 2, 2009, showed the lot at this abandoned condominium project is overgrown, with
debris scattered across the property and vegetation in the right-of-way intruding into the street.
In response to a question, Board Attorney Andy Salzman recommended the Board
proceed, even though the property may be part of a bankruptcy filing
Member Boutzoukas 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 Ruud recommended the property comply within 30 days or a fine of $250 per
day per violation be imposed.
Attorney Soto submitted a copy of the PowerPoint presentation.
Member Boutzoukas moved to enter an order requiring the Respondent to correct the
violation on or before May 22, 2009. If the Respondent does not comply within the time
specified, the Board may order a fine of $250 per day for each day the violation continues to
exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board April 22, 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:
Code Enforcement 2009-04-22 8
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that the lot is overgrown
with debris scattered across the property and vegetation in the right-of-way intruding into the
street. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1503.B.7,
3-1503.B.8, 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 May 22, 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 Alan Ruud, 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.
nd
DONE AND ORDERED
this 22 day of April 2009, at Clearwater, Pinellas
County, Florida.
2.8 Case 27-09
Johnny L. Daniels Est.
1405 N Garden Avenue
Roof Maint. Windows, Door & Window Openings & Exterior Surfaces - Ruud
No one was present to represent the Respondent.
Inspector Ruud provided a PowerPoint presentation. A notice of violation was issued on
November 8, 2008, following the first inspection. Property photographs on November 3, 2008
and February 2, 2009, showed that the roof needs repair as the sheeting is exposed, the carport
ceiling is giving way, a window is broken, and there is peeling paint on the soffit, fascia, and
wall.
Code Enforcement 2009-04-22 9
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 Ruud recommended the property comply within 30 days or a fine of $150 per
day be imposed.
Attorney Soto submitted a copy of the PowerPoint presentation.
Member Goins moved to enter an order requiring the Respondent to correct the violation
on or before May 22, 2009. If the Respondent does not comply within the time specified, the
Board may order a fine of $150 per day for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board April 22, 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 the roof needs repair
as the sheeting is exposed, the ceiling under the carport is giving way, a window is broken, and
there is peeling paint on the soffit and fascia and along the wall. The Respondent was not
present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-1502D, 3-
1502.C.3, 3-1502.C.1 and 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 May 22, 2009. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $150 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 Alan Ruud, 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.
Code Enforcement 2009-04-22 10
nd
DONE AND ORDERED
this 22 day of April 2009, at Clearwater, Pinellas County,
Florida.
3. OTHER BOARD ACTION/DISCUSSION
3.1 Case 13-08 – Fine reduction hearing
Gulf to Bay Venture I, LLC
2990 Gulf-to-Bay Boulevard
Vacant Building, Graffiti, Lot Clearing - Franco
(Fine $30,000)
Gulf to Bay Venture I, LLC representative Felix Fudge discussed problems associated
with vandalism and dumping at the site and admitted that violations had not been resolved as
quickly as they should have been. Plans to redevelop the property have been delayed until the
State remediates this site. He said the building has been painted, a fence erected, and the
property is lighted at night. He said maintenance efforts are ongoing. He requested a reduction
to the fine and said it could be paid within 10 days.
Inspector Peggy Franco said staff did not object to a fine reduction; the City’s goal is
compliance with Code.
Attorney Soto submitted City exhibit (Case Activity Listing).
Member Daniels moved to enter an order reducing the fine for Case 13-08 to
administration costs of $1,975, payable within 10 days. The motion was duly seconded and
carried unanimously.
The Municipal Code Enforcement Board has considered the Respondent’s request for
reconsideration of fine at a hearing held on April 22, 2009, and based upon the evidence
presented, enters the following Order.
ORDER
After considering the request for reduction of fine filed by the Respondent and
considering that the property is now in compliance, it is evident that a reduction in fine is
appropriate in the above-referenced case.
It is the Order of this Board that the fine previously imposed in the Order of the Board
dated May 28, 2008, as recorded in O.R. Book 16282, Pages 1070-1077, and amended as
recorded in O.R. Book 16414, Pages 819-820, of the public records of Pinellas County, Florida,
is hereby reduced to administrative costs of $1,975.00 payable to the Petitioner within 10 days
of the date of this Order. If the reduced fine is not paid within the time specified in this Order, a
lien in the original amount of $30,000 shall be recorded in the public records of Pinellas County,
Florida.
DONE AND ORDERED
this 22nd day of April 2009, at Clearwater, Pinellas County,
Florida.
3.2 Case 28-07 – Fine reduction hearing
Code Enforcement 2009-04-22 11
Ocean Breeze, LLC/Fifth Third Bank
21 Somerset Street
Unmaintained Vacant Parcel – Brown
(Fine $51,000)
Fifth Third Bank representative Eden Banks said following defaults, Fifth Third Bank
elected to foreclose the mortgage on this defunct condominium project in 2007. The borrower
had not forwarded the notices of violation to the bank. Once aware of the problems, the bank
promptly cleared the property and cured the violation. She requested a reduction to the fine; the
bank is trying to sell the property. She requested 30 days to pay the fine.
Inspector Shelby Brown said the property has been in compliance for quite some time.
Staff does not object reducing the fine to administrative costs.
Attorney Soto submitted City exhibit (Case Activity Listing)
Member Locke moved to enter an order reducing the fine for Case 13-08 to
administration costs of $912.50, payable within 30 days. The motion was duly seconded and
carried unanimously.
ORDER
The Municipal Code Enforcement Board has considered the Respondent’s request for
reconsideration of fine at a hearing held on April 22, 2009, and based upon the evidence
presented, enters the following Order.
After considering the request for reduction of fine filed by the Respondent and
considering that the property is now in compliance, it is evident that a reduction in fine is
appropriate in the above-referenced case.
It is the Order of this Board that the fine previously imposed in the Order of the Board
dated October 24, 2007, City of Clearwater, Florida vs. Ocean Breeze, LLC, c/o Roland Rogers,
200 Brightwater Drive #2, Clearwater, Florida, as recorded in O.R. Book 16047, Pages 2380-
2385, of the public records of Pinellas County, Florida, is hereby reduced to administrative costs
of $912.50 payable to the Petitioner within 10 days of the date of this Order. If the reduced fine
is not paid within the time specified in this Order, a lien in the original amount of $51,000 shall
be recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED
this 22nd day of April 2009, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2009-04-22 12
4. NUISANCE ABATEMENT LIEN FILINGS:
James E Warren Family Land Trust #206
Warren, Julie T.
c/o Wyoming Indian Tr Serv Tre
602 Engman Street
09-29-15-25920-000-0260
PNU2008-02658
$337.40
Gerald W Braden
1010 Palm Terrace Drive
11-29-15-65808-000-0280
PNU2008-02148
$446.42
Chiccino, Ricci JEst.
1750 Cardinal Drive
05-29-16-71442-000-0100
PNU2009-00040
$452.42
Member Daniels moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
5. APPROVAL OF MINUTES - March 25, 2009
Member Goins moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of March 25, 2009, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
6. ADJOURN:
The meeting adjourned at 4:41 p.m.
~s&L'- . ~
Chai
Municipal Code Enforcement Board
.~ttest: ~
~.~
secreta~ t e Board
Code Enforcement 2009-04-22
13
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~A.fAE OF BOAR~, COUNCIL,~OMMISSION, ~THO~, OR COMMITTEE /'
rl, lit. (. Co L Ct1 f-t.re~ Yl-lul 6 ('
THE BOARD, C UNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY 0 COUNTY 0 OTHER LOCAL AGENCY
F POLITICAL SUBDI ISION:
).
APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGEl
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
I,
t~ \ t:.-l~_l?UiJ-Z~lU~C:V
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on
~
22-
o
,20~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
+- inured to the special gain or loss ofJf'O/l,vlt. (J-t/f ~-l, A./I0
whom 1 am retained; or
, by
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, which
~~
V11~
P.c~U.tLi~
I '?
{A.;1 {Yf.{!/f'tt.i'V17 //J{.(j/t1-/~f
l-11 ~ CV( Jil/l-td1-e-rs
}"
r!) . (j/V\
("Lfr -f5 c>J
~~S-()9
Date .1// (01
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2