03/24/2010
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
March 24, 2010
Present: Ronald V. Daniels Chair
Douglas J. Williams Vice Chair
Phillip J. Locke Board Member
Michael Boutzoukas Board Member
Sheila Cole Board Member
Donald Van Weezel Board Member
Empty Seat Board Member
Also Present: Caitlin E. Sirico Attorney for the Board
Camilo Soto Assistant City Attorney
Rosemarie Call 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 03-10 – Status Report
Mainstream Partners VIII Ltd
422 Hamden Drive
Abandoned Building/Public Nuisance Condition – Schaar
Cases 03-10, 07-10, and 09-10 were heard together.
Assistant City Attorney Camilo Soto said on January 27, 2010, the MCEB (Municipal
Code Enforcement Board) determined that violations existed at the three subject properties.
The Respondent did not comply with the board’s order to submit applications for site plan
approval.
Antonio Fernandez, general partner with Mainstream Partners VIII Ltd., said he had
received conflicting information from City staff regarding rehabilitation requirements. He
distributed photographs of a nearby motel he had rehabilitated, stating he wanted to similarly
upgrade these properties.
Inspector Shelby Schaar provided a PowerPoint presentation. Photographs of the
subject properties taken on March 16, 2010 show the buildings are in a public nuisance
Code Enforcement 2010-03-24 1
condition. The structures have been vacant and in a blighted condition for an extended period
of time. She recommended compliance by demolishing the structures by June 22, 2010 and
providing a Status Report on June 23, 2010 or a fine of $250 per day/per property be imposed.
Planning & Development Assistant Director Gina Clayton said the City seeks demolition
of all structures on the properties. As rehabilitation projects on these properties must meet
current parking, setback, landscaping, and FEMA (Federal Emergency Management Agency)
regulations, it may be economically unfeasible to renovate the properties and reestablish a
motel use. She said Mr. Fernandez did not discuss these properties with Planning Director
Michael Delk prior to the board’s March 1, 2010 deadline.
Mr. Fernandez said approximately two weeks after the January meeting he met with
building and fire inspectors and had drawings made that included inspector referenced
specifications; he did not bring the drawings to today’s meeting. He said Mr. Delk was not
available when he met with planning staff and learned about additional requirements. He said
he would have to determine if rehabilitating the structures would be economically viable and if
his empty lots could be used for offsite parking. He planned to raze all of the buildings in a few
years and redevelop the entire 3.5-acre site.
After the public hearing was closed, a member of the audience requested to speak.
Member Williams moved to reopen the public hearing. The motion was duly seconded and
carried unanimously.
A resident said the structures are eye sores, attract the homeless, and diminish the
beach ambiance.
Discussion ensued regarding the high cost of rehabilitating the properties and Mr.
Fernandez’s plan to eventually raze them. While it was felt that he had not acted with the
urgency the situation requires, it was stated that working structures on the beach are preferable
to vacant lots. It was indicated that the buildings’ current conditions discourage tourism.
Attorney Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order requiring the Respondent to correct the
violations by razing the structures by June 22, 2010 and providing a Status Report to the MCEB
on June 23, 2010. If the Respondent does not comply within the time specified, the Board may
order a fine of $250.00 per day, per property 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 January 27
and March 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 property’s use
has been abandoned and the building is in a public nuisance condition. A representative of the
Respondent was present.
Code Enforcement 2010-03-24 2
CONCLUSIONS OF LAW
3-1503.B.1
The Respondent(s) is in violation of the City of Clearwater Code Section(s)
and 3-1503.B.2
, 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 razing the structure(s) on the property by June 22, 2010 and
providing a Status Report on June 23, 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 Shelby Schaar, 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 March 2010, at Clearwater, Pinellas County,
Florida.
2.2 Case 07-10 – Status Report
Mainstream Partners VIII Ltd
401 Coronado Drive
Abandoned Building/Public Nuisance Condition - Schaar
See Item 2.1, Case 03-10, for discussion and motion.
This case came before the City of Clearwater Code Enforcement Board on January 27
and March 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
Code Enforcement 2010-03-24 3
Based upon the testimony and evidence received, it is evident that the property’s use
has been abandoned and the building is in a public nuisance condition. A representative of the
Respondent was present.
CONCLUSIONS OF LAW
3-1503.B.1
The Respondent(s) is in violation of the City of Clearwater Code Section(s)
and 3-1503.B.2
, 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 razing the structure(s) on the property by June 22, 2010 and
providing a Status Report on June 23, 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 Shelby Schaar, 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 March 2010, at Clearwater, Pinellas County,
Florida.
2.3 Case 09-10 – Status Report
Mainstream Partners VIII Ltd
419 Coronado Drive
Abandoned Building/Public Nuisance Condition – Schaar
See Item 2.1, Case 03-10, for discussion and motion.
This case came before the City of Clearwater Code Enforcement Board on January 27
and March 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:
Code Enforcement 2010-03-24 4
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that the property’s use
has been abandoned and the building is in a public nuisance condition. A representative of the
Respondent was present.
CONCLUSIONS OF LAW
3-1503.B.1
The Respondent(s) is in violation of the City of Clearwater Code Section(s)
and 3-1503.B.2
, 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 razing the structure(s) on the property by June 22, 2010 and
providing a Status Report on June 23, 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 Shelby Schaar, 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 March 2010, at Clearwater, Pinellas County,
Florida.
2.4 Case 17-10
Aqua Sun Developments LLC
15 Somerset Street 7C (Unit 703)
Overnight Accommodations – Franco
Cases 17-10, 18-10, 20-0, 21-10, and 22-10 were heard together.
Attorney Carlton Ward, representative for the Respondent, admitted to the violation.
Code Enforcement 2010-03-24 5
Member Boutzoukas 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.
Attorney Ward said advertisements for building rentals now reflect amended rules in the
condominium documents, which replicate City Code language prohibiting short-term rentals and
are effective April 11, 2010. So that the property owner can honor the remainder of short-term
rental contracts, he requested that compliance be delayed until after April 10, 2010. He did not
think the Respondent had committed to any new short-term rental agreements since the
January 27 meeting.
Attorney Brian Aungst, representing condominium owners Frank Lacitignola and Warren
Shatzner, expressed concern that the building continues to be used as a hotel, which is
disruptive and causes damages. He said the owners he represents recommend that fines be
imposed retroactively to February 10, 2010.
Attorney for the Board Caitlin Sirico said the Board cannot impose retroactive fines.
Inspector Peggy Franco recommended compliance by April 11, 2010 or a fine of $250 per day
be imposed.
Attorney Soto submitted composite exhibits.
Member Williams moved to enter an order requiring the Respondent to correct the
violations on or before April 11, 2010. If the Respondent does not comply within the time
specified, the Board may order a fine of $250.00 per day per unit for each day the violation(s)
continue to exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on March 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 condominium at
15 Somerset Street Unit 7C aka Unit 703 was being advertised for rent and rented on a less
than a monthly basis which is not a permitted use in a tourist zoning district. A representative of
the Respondent was present.
CONCLUSIONS OF LAW
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 11, 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
Code Enforcement 2010-03-24 6
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 March 2010, at Clearwater, Pinellas County,
Florida.
2.5 Case 18-10
Aqua Sun Developments LLC
15 Somerset Street 7A (Unit 701)
Overnight Accommodations – Franco
See Item 2.4, Case 17-10, for discussion and motions.
This case came before the City of Clearwater Code Enforcement Board on March 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 condominium at
15 Somerset Street Unit 7A aka Unit 701 was being advertised for rent and rented on a less
than monthly basis which is not a permitted use in a tourist zoning district. A representative of
the Respondent was present.
CONCLUSIONS OF LAW
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
Code Enforcement 2010-03-24 7
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 11, 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 March 2010, at Clearwater, Pinellas County,
Florida.
2.6 Case 19-10
Richard & Joann Coley
15 Somerset Street 6C (Unit 603)
Overnight Accommodations – Franco
No one was present to represent the owner.
Inspector Franco provided a PowerPoint presentation. She has had no contact with the
property owners. A notice of violation was issued on February 1, 2010, following discovery of
an internet advertisement on August 15, 2009. Violations at 15 Somerset Street 6C (Unit 603)
relate to advertising the illegal short-term rental of a condominium unit. Copies of online
advertisements for the short-term rental of the property were presented, as well as the live
viewing of a short-term rental advertisement on a United Kingdom website.
Member Cole 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 April 11, 2010 or a fine of $250 per day
be imposed.
Concern was expressed that the property owners had not responded to City notices.
Attorney Soto submitted composite exhibits.
Code Enforcement 2010-03-24 8
Member Cole moved to enter an order requiring the Respondent to correct the violation
on or before March 29, 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 March 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 condominium at
15 Somerset Street Unit 6C aka Unit 603 was being advertised for rent and rented on a less
than monthly basis which is not a permitted use in a tourist zoning district. The Respondent
was not present.
CONCLUSIONS OF LAW
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 March 29, 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 March 2010, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2010-03-24 9
2.7 Case 20-10
Aqua Sun Developments LLC
15 Somerset Street 6B (Unit 602)
Overnight Accommodations – Franco
See Item 2.4, Case 17-10, for discussion and motions.
This case came before the City of Clearwater Code Enforcement Board on March 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 condominium at
15 Somerset Street Unit 6B aka Unit 602 was being advertised for rent and rented on a less
than monthly basis which is not a permitted use in a tourist zoning district. A representative of
the Respondent was present.
CONCLUSIONS OF LAW
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 11, 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.
Code Enforcement 2010-03-24 10
2.8 Case 21-10
Aqua Sun Developments LLC
15 Somerset Street 4B (Unit 402)
Overnight Accommodations – Franco
See Item 2.4, Case 17-10, for discussion and motions.
This case came before the City of Clearwater Code Enforcement Board on March 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 condominium at
15 Somerset Street Unit 4B aka Unit 402 was being advertised for rent and rented on a less
than monthly basis which is not a permitted use in a tourist zoning district. A representative of
the Respondent was present.
CONCLUSIONS OF LAW
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 11, 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.
Code Enforcement 2010-03-24 11
DONE AND ORDERED
this 24th day of March 2010, at Clearwater, Pinellas County,
Florida.
2.9 Case 22-10
Aqua Sun Developments LLC
15 Somerset Street 3B (Unit 302)
Overnight Accommodations – Franco
See Item 2.4, Case 17-10, for discussion and motions.
This case came before the City of Clearwater Code Enforcement Board on March 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 condominium at
15 Somerset Street Unit 3B aka Unit 302 was being advertised for rent and rented on a less
than monthly basis which is not a permitted use in a tourist zoning district. A representative of
the Respondent was present.
CONCLUSIONS OF LAW
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 11, 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
Code Enforcement 2010-03-24 12
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 March 2010, at Clearwater, Pinellas County,
Florida.
2.10 Case 23-10
Aqua Sun Developments LLC
15 Somerset Street 5B (Unit 502)
Overnight Accommodations – Franco
Staff reported that Case 23-10 had been withdrawn.
3. UNFINISHED BUSINESS
3.1 Case 15-10 – Affidavit of Compliance
Chateau on White Sands Condo
15 Somerset Street
Overnight Accommodations - Franco
Member Boutzoukas moved to accept the Affidavit of Compliance for Case 15-10. The
motion was duly seconded and carried unanimously.
4. NUISANCE ABATEMENT LIEN FILINGS:
Bel Crest Condo Inc PNU2009-02613
706 Bayway Boulevard
17-29-15-06286-000-0001 $489.44
Trent D Whitter PNU2009-02828
1724 Harbor Drive
03-29-15-01926-004-0080 $200.00
Moana B Jakosalem PNU2009-02841
1317 Byron Drive
22-29-15-11970-013-0310 $337.85
Lizbeth T Morse PNU2009-02830
1364 Fairmont Street
03-29-15-08388-001-0070 $357.38
Member Williams moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
5. NEW BUSINESS: None.
Code Enforcement 2010-03-24 13
6. APPROVAL OF MINUTES - February 24, 2010
Member Locke moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of February 24, 2010, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 4:16 p.m. N
!L3W,--
Chair
Munici I Code Enforcement Board
611-
Attest:
Code Enforcement 2010-03-24
14