05/26/2010
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
May 26, 2010
Present: Douglas J. Williams Vice-Chair
Michael Boutzoukas Board Member
Sheila Cole Board Member
James E. Strickland Board Member
Absent: Phillip J. Locke Board Member
Donald Van Weezel Board Member
Richard Avichouser Board Member
Also Present: Caitlin E. Sirico 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 24-10
Charles W. Gruver
415 S Ft. Harrison Avenue
Business Tax Receipt - McMahon
No one was present to represent the owner.
Inspector Janet McMahon provided a PowerPoint presentation. The property owner did
not renew his 2009/2010 BTR (Business Tax Receipt) by September 30, 2009, for his business,
Gruver’s Chevron Service, Inc. The tax is delinquent, requiring payment of penalty and
administrative fees. The City sent notices to Mr. Gruver on June 26, October 15, 2009, and
January 13, 2010. Inspector McMahon discussed the violation with the property owner during a
February 26, 2010, site visit. A notice of violation was issued on March 9, 2010. Property
photographs on April 15, 2010, show business being conducted at the service.
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.
Code Enforcement 2010-05-26 1
Inspector McMahon recommended compliance within 14 days or a fine of $100 per day
be imposed. She said the inclusive amount now owed is $299.88.
Assistant City Attorney Camilo Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order requiring the Respondent to correct the
violation on or before June 18, 2010. If the Respondent does not comply within the time
specified, the Board may order a fine of $100 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 May 26,
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 service station,
used for vehicle repairs, does not have a current Business Tax Receipt. The Respondent(s)
was/were not present.
CONCLUSIONS OF LAW
29.40(1)
The Respondent(s) is/are 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 June 18, 2010. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $100.00 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 Janet McMahan, who shall inspect the property and notify the Board of
compliance. If the Respondent(s) fails/fail 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 2010-05-26 2
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 26th day of May 2010, at Clearwater, Pinellas County,
Florida.
3. UNFINISHED BUSINESS
3.1 Case 17-10 – Affidavit of Non-Compliance
Aqua Sun Developments LLC
15 Somerset #703
Development Code Violation (Overnight Accommodations) – Franco
3.2 Case 18-10 – Affidavit of Non-Compliance
Aqua Sun Developments LLC
15 Somerset #701
Development Code Violation (Overnight Accommodations) - Franco
3.3 Case 19-10 – Affidavit of Non-Compliance
Richard T. & Joann L. Coley
15 Somerset Street #603
Development Code Violation (Overnight Accommodations) – Franco
3.4 Case 20-10 – Affidavit of Non-Compliance
Aqua Sun Developments LLC
15 Somerset #602
Development Code Violation (Overnight Accommodations) – Franco
3.5 Case 21-10 – Affidavit of Non-Compliance
Aqua Sun Developments LLC
15 Somerset #402
Development Code Violation (Overnight Accommodations) – Franco
3.6 Case 22-10 – Affidavit of Non-Compliance
Aqua Sun Developments LLC
15 Somerset #302
Development Code Violation (Overnight Accommodations) - Franco
Member Cole moved to accept the Affidavits of Non-Compliance and issue the Orders
imposing fines for Cases 17-10, 18-10, 19-10, 20-10, 21-10, and 22-10. The motion was duly
seconded and carried unanimously.
4 - NEW BUSINESS
4.1. Election of Chair
Member Strickland moved to continue Item 4.1 to June 23, 2010. The motion was duly
seconded and carried unanimously.
Code Enforcement 2010-05-26 3
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5 - NUISANCE ABATEMENT LIEN FILINGS
Maya Ellie Hamblet
502 Palm Bluff Street
09-29-15-65466-000-0060
Robert Raszyk
1528 Ewing Avenue
22-29-15-07938-004-0140
Robert Raszyk
1528 Ewing Avenue
22-29-15-07938-004-0140
PNU2009-02782
$320
PNU2009-02866
$551.90
PNU2009-02867
$200
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
6. APPROVAL OF MINUTES - March 24, 2010
Member Boutzoukas moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of March 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 3:14 p.m.
Chair
Municipal Code Enforcement Board
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Attest: "T THE
Secretary to the Board F..:
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