02/24/2010
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 24, 2010
Present: Ronald V. Daniels Chair
Douglas J. Williams Vice Chair
Phillip J. Locke Board Member
James B. Goins Board Member
Michael Boutzoukas Board Member
Sheila Cole Board Member
Absent: Empty Seat Board Member
Also Present: Andy Salzman Attorney for the Board
Camilo Soto Assistant City Attorney
Cynthia E. Goudeau Acting 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 14-10 – Continued from January 27, 2010
Morgal Family Trust
Robert & Sharron Morgal Tre
755 Eldorado Avenue
Development Code Violation – Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. Based on the site plan
submitted with the building permit application for 755 Eldorado Avenue, the City issued a permit
to construct a gas grill, without pavers, outside the property’s setback; however the grill that was
built and the pavers on which it sits encroach into the setback by several feet. Following the
first code inspection, a notice of violation was issued in 2007. The property owners appealed
staff’s determination that the grill and pavers were improperly sited. Following denial of those
appeals by the DRC (Development Review Committee) and CDB (Community Development
Board), notices of violation were issued on May 22 and December 1, 2009. Ms. Franco
discussed the violation with the property owner on September 17 and 23, 2009. Property
Code Enforcement 2010-02-24 1
photographs on September 29, 2009 and January 5, 2010 showed the grill and pavers were
located in the setback.
Samuel Hutkins arrived at the meeting. He stated he was renting the house and
planned to purchase it. He said he only had verbal authorization to speak on behalf of the
owner.
Consensus of the board was for Mr. Hutkins to proceed. Mr. Hutkins said according to
City photographs, the violation existed.
Member Locke moved to find the Respondent(s) 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 recommended compliance by March 10, 2010 or a fine of $250 per day
be imposed.
In response to questions, Inspector Franco said the permit application had
misrepresented the grill’s location. A neighbor is concerned that this violation has taken so long
to resolve. Planning and Development Director Michael Delk said the applicant has the right to
appeal the decision of the Community Development Coordinator. The Development Review
Committee would review the appeal. Mr. Delk said while it may be possible to vacate an
easement, a setback can never be vacated and nothing can be constructed there.
Mr. Hutkins said moving the grill would be expensive, locating it closer to the house
would be a safety hazard, and demolishing it would result in a $10,000 loss.
Discussion ensued regarding time needed to relocate the gas grill. It was noted that the
property owner has been aware of this issue for a long time.
Assistant City Attorney Camilo Soto submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent to correct the violation
on or before April 25, 2010. If the Respondent does not comply within the time specified, the
Board may order a fine of $250.00 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 on February 24,
2010, 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 grill and pavers
are located in the five-foot easement.
CONCLUSIONS OF LAW
Code Enforcement 2010-02-24 2
1-104.B
The Respondent(s) is in violation of the City of Clearwater Code Section(s) , 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 April 25, 2010. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $250.00 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 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.
DONE AND ORDERED
this 24th day of February 2010, at Clearwater, Pinellas County,
Florida.
2.2 Case 16-10
Ferruggia Family Trust #1927
1927 N. Highland Avenue
Development Code Violation – Wilson
Steven Atherton said he was the property’s tenant. He said he only had verbal
authorization to speak on behalf of the owner.
Consensus of the board was for Mr. Atherton to proceed. Mr. Atherton admitted the
violation existed.
Member Williams moved to find that the Respondent(s) was 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 Kyle Wilson provided a PowerPoint presentation. The violation at 1927 N.
Highland Avenue relates to the operation of an unlicensed bicycle business in a residential area.
Inspector Wilson said following the first inspection in February 2009, Mr. Atherton obtained a
business tax receipt. After a customer was photographed at the business, in violation of the
Code Enforcement 2010-02-24 3
business tax receipt terms, the City revoked the permit on May 15, 2009. Property photographs
taken on February 4, April 3, May 16, August 30, 2009, and January 31, 2010 showed a varying
number of bicycles displayed in the yard of the single-family residence.
Inspector Wilson recommended compliance by March 10, 2010 or a fine of $200 per day
be imposed. He said as of today, the property is in compliance; the business relocated to a
commercial property and has a valid business tax receipt.
One person said Mr. Atherton had not met his obligation regarding a bicycle purchase.
Attorney Soto submitted composite exhibits.
In response to a question, Attorney for the Board Andy Salzman said the board had
found that a violation existed. As the violation was corrected before today, a second motion
was not necessary. A future violation for a business at this property could be subject to fines of
up to $500/day.
This case came before the City of Clearwater Code Enforcement Board on February 24,
2010, 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 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) 1-
104.B 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 Respondent. 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 of up to $500.00 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 the 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.
Code Enforcement 2010-02-24 4
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.
DONE AND ORDERED
this 24th day of February 2010, at Clearwater, Pinellas County,
Florida.
3. UNFINISHED BUSINESS
3.1 Case 33-09 Affidavit of Compliance
Paula L. Ross
431 Palm Island SE
Public Health, Safety or Welfare Nuisance - Franco
Member Williams moved to accept the Affidavit of Compliance for Case 33-09. The
motion was duly seconded and carried unanimously.
4. NUISANCE ABATEMENT LIEN FILINGS:
Matthew Horsey PNU2009-02716
809 N Ft Harrison Avenue
09-29-15-57402-002-0020 $380.90
CDB Holdings Inc PNU2009-02449
1209 N Garden Avenue
09-29-15-25920-000-0370 $349.40
Scott W. Buck PNU2009-02555
2061 Douglas Avenue
03-29-15-15840-002-0051 $368.91
Provident Investments Mtg Trust PNU2009-02457
William & Mark Sussman
1304 N Madison Avenue
10-29-15-26892-007-0110 $561.32
Robel Bayview LLC PNU2009-02400
1919 Edgewater Drive
03-29-15-88092-000-0020 $732.80
Barbara A & David L Frederickson PNU2009-01882
1407 Bentley Street
02-29-15-10944-000-1110 $356.98
Discount Properties of Florida LLC PNU2009-01629
1523 Tioga Avenue
22-29-15-13680-000-0210 $292.70
Code Enforcement 2010-02-24 5
Mary D & Giuseppe Mantione PNU2009-02151
3010 CR 31
16-29-16-53892-006-0040 $409.69
Julianna S Guini PNU2009-02546
2897 Catherine Drive
05-29-16-78580-008-0100 $347.00
Yasmeen & Abdul Rasuli PNU2009-02620
215 S Maywood Avenue
18-29-16-34614-000-5500 $381.20
Mohammed Hossain PNU2009-02452
1212 Nicholson Street
10-29-15-18450-002-0050 $454.98
Eddie McCants Est PNU2009-01852
1126 LaSalle Street
10-29-15-33552-005-0460 $346.04
Eddie McCants Est PNU2009-01689
1124 LaSalle Street
10-29-15-33552-005-0450 $280.52
Lee C. Harsha PNU2009-02527
1803 Springtime Avenue
03-29-15-88110-006-0110 $344.30
Linda Johnson PNU2009-02477
405 Lebeau Street
04-29-15-61488-008-0030 $337.10
30 Days Real Estate Corp Tre PNU2009-02560
509 Marilyn Trust
1140 Palm Bluff Street
10-29-15-33552-006-0520 $364.79
Thomas & Debbie Ochoa PNU2009-02537
1407 Monroe Street
10-29-15-51948-003-0120 $294.01
Victor Tambone PNU2009-02662
1322 Browning Street
22-29-15-01476-000-0540 $354.05
Susan Stanton Withers PNU2009-01864
1101 N Garden Avenue
09-29-15-65466-000-0150 $332.30
Code Enforcement 2010-02-24 6
New Millennial LC PNU2009-032312
1325 Tioga Avenue
22-29-15-48978-002-0090 $292.70
Esther Gutierrez PNU2009-02508
2442 Nash Street
18-29-16-34542-004-0100 $352.38
James W Hudson Jr PNU2009-02679
1208 N Garden Avenue
09-29-15-25920-000-0110 $316.39
1265 Byron Ave Trust PNU2009-02795
1265 Byron Avenue
22-29-15-01476-000-0830 $414.50
Stone, MW LLC PNU2009-02668
1309 Springdale Street
10-29-15-71694-004-0060 $556.94
Federal Home Loan Mtg Corp PNU2009-02709
2425 Nash Street
18-29-16-34560-005-0010 $427.25
Member Boutzoukas moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
5. NEW BUSINESS
5.1 Sunshine Law Update
Attorney Salzman distributed and reviewed information regarding Florida’s public
records and sunshine laws. As all cases have the potential to come back before the Board,
members should not discuss cases, past and present, with each other. Members need to report
to the Board the substance of all ex parte conversations. All decisions must be made in the
public eye; any appearance of impropriety must be avoided. All members must vote on each
item unless a member has a financial conflict and submits Form 8B (Memorandum of Voting
Conflict).
Attorney Salzman recommended an informal workshop be scheduled to discuss member
concerns and suggestions.
Chair Daniels said Member Goins resigned from the Board and Member Hinrichs was
appointed to the Community Development Board and thanked them both for their service.
Code Enforcement 2010-02-24 7
6. APPROVAL OF MINUTES - January 27, 2010
Member Williams moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of January 27, 2010, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 4:10 p.m.
Chair
Municipal Code Enforcement Board
Attest:
Secretary to the Board
Code Enforcement 2010-02-24 8