10/27/2010
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
October 27, 2010
Present: Douglas J. Williams Chair
Michael Boutzoukas Vice-Chair
Donald Van Weezel Board Member
Richard Avichouser Board Member
James E. Strickland Board Member
Absent: Phillip J. Locke Board Member
Sheila Cole Board Member
Also Present: Andy Salzman Attorney for the Board
Camilo Soto Assistant City Attorney
Nicole Sprague 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 37-10 – Cont’d from 9/22/10
James & Kristi Hazel
2024 Druid Road
Public Health, Safety or Welfare Nuisance – Sullivan
Complied Prior – Staff withdrew case.
2.2 Case 38-10
Edward P. & Nina M. Cruz
1401 N Osceola Avenue
Large Vehicles in Residential Areas - Franco
Property owner Edward Cruz admitted to the violation. He said his tenant is working
with the City. He said the truck is not on the property; the tenant found storage for it.
Member Van Weezel 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 2010-10-27 1
Inspector Peggy Franco recommended compliance by November 8, 2010 or a fine of
$100 per day be imposed. She said the problem is intermittent. The large truck cannot be
parked or stored on the property, even for a short lunch break. Assistant City Attorney Camilo
Soto discussed consequences of a repeat violation.
Attorney Soto submitted composite exhibits.
Member Avichouser moved to enter an order requiring the Respondent to correct the
violation on or before November 8, 2010. If the Respondent does 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. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on October 27,
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 a large truck has
been parked on this property. A representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
3-
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1407.A.3
, 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 November 8, 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 Peggy Franco, 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 2010-10-27 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 27th day of October 2010, at Clearwater, Pinellas County,
Florida.
3. UNFINISHED BUSINESS
3.1 Case 33-10 Affidavit of Compliance
Robin E. Chappell
1370 Admiral Woodson Lane
Ext. Surfaces, Bldg/Fire Code, Yard Used for Dumping – O’Neil
3.2 Case 37-10 Affidavit of Compliance
James & Kristi Hazel
2024 Druid Road
Public Health, Safety or Welfare Nuisance – Sullivan
Member Boutzoukas moved to accept the Affidavits of Compliance for Cases 33-10 and
37-10. The motion was duly seconded and carried unanimously.
4. NEW BUSINESS:
4.1 Cases 03-10, 07-10, & 09-10 – Fine reduction/elimination hearing
Mainstream Partners VIII, LTD
422 Hamden Dr., 401 Coronado Dr., 419 Coronado Dr.
Abandoned Buildings - Schaar
Antonio Fernandez, owner of Mainstream Partners VIII properties at 422 Hamden Drive
and 401 and 419 Coronado Drive, said he had met with City officials regarding a fine reduction
and agreed to pay administrative costs.
Code Compliance Manager Terry Teunis said City administrative costs total $4,095.60
for the three properties or $1,365.20 ($624.00 - Code Enforcement and $741.20 - City Clerk)
each. The City supports reducing the fine to administrative costs.
In response to a question, Mr. Fernandez said he had tried to obtain permits to
rehabilitate the properties but determined the project was not economically feasible; the
properties lacked sufficient space for parking. He then scheduled demolition.
Member Boutzoukas moved to enter an order reducing the fines for Cases 03-10, 07-10,
and 09-10 to administration costs of $1,365.20 per case for a total of $4,095.60, payable within
30 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 October 27, 2010, and based upon the evidence
presented, enters the following Findings of Fact, Conclusions of Law, and Order.
Code Enforcement 2010-10-27 3
After considering the request for reduction of fine filed by the Respondent(s) 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 for
case 03-10 dated January 27 and March 24, 2010, as recorded in O.R. Book 17001, Pages
296-299, of the public records of Pinellas County, Florida, is hereby reduced to administrative
costs of $1,365.20 payable to the Petitioner within 30 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
$17,750.00 shall be recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED
this 27th day of October 2010, at Clearwater, Pinellas County,
Florida.
The Municipal Code Enforcement Board has considered the Respondent’s request for
reconsideration of fine at a hearing held on October 27, 2010, and based upon the evidence
presented, enters the following Findings of Fact, Conclusions of Law, and Order.
After considering the request for reduction of fine filed by the Respondent(s) 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 for
case 07-10 dated January 27 and March 24, 2010, as recorded in O.R. Book 17001, Pages
288-291, of the public records of Pinellas County, Florida, is hereby reduced to administrative
costs of $1,365.20 payable to the Petitioner within 30 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
$17,750.00 shall be recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED
this 27th day of October 2010, at Clearwater, Pinellas County,
Florida.
The Municipal Code Enforcement Board has considered the Respondent’s request for
reconsideration of fine at a hearing held on October 27, 2010, and based upon the evidence
presented, enters the following Findings of Fact, Conclusions of Law, and Order.
After considering the request for reduction of fine filed by the Respondent(s) 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 for
case 09-10 dated January 27 and March 24, 2010, as recorded in O.R. Book 17001, Pages
292-295, of the public records of Pinellas County, Florida, is hereby reduced to administrative
costs of $1,365.20 payable to the Petitioner within 30 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
$17,750.00 shall be recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED
this 27th day of October 2010, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2010-10-27 4
4.2 Consideration of December Meeting – Rosemarie Call
Mr. Teunis reported that staff is preparing several cases and requested that a meeting
be scheduled in December 2010.
Member Van Weezel moved to schedule a Municipal Code Enforcement Board meeting
on December 15, 2010. The motion was duly seconded and carried unanimously.
5. NUISANCE ABATEMENT LIEN FILINGS:
30 Days Real Estate PNU2010-01210
1404 Taft Avenue
10-29-15-51978-002-0060 $267.76
Lizeth & Robert Pfadt PNU2010-01241
715 Skyview Avenue
14-29-15-10566-003-0140 $405.72
Milford Chavous PNU2010-01275
410 Pennsylvania Avenue
10-29-15-72000-005-0010 $426.50
Jeanne Waters Pittman, R. Clinton Pittman, PNU2010-01311
Huguette Pittman & Russell Pittman
1371 Summerlin Drive
19-29-16-59115-000-4700
$363.50
Graham & Leslie Hobbs PNU2010-01317
803 Vine Avenue
10-29-15-69138-005-0160 $342.80
Dennis G. & Isabel Carl PNU2010-01327
702 Pennsylvania Avenue
10-29-15-69138-008-0051 $353.97
Julianna S. Guini PNU2010-01437
2897 Catherine Drive
05-29-16-78580-008-0100 $362.00
Gregory Ferro PNU2010-01468
2861 Edenwood Street
08-29-16-99102-010-0060 $356.60
Mildred Rivera PNU2010-01479
2197 Bell Cheer Drive
24-29-15-06408-000-0200 $484.10
Code Enforcement 2010-10-27 5
Gilbert & Gro Miller PNU2010-01535
1724 Thomas Drive
05-29-16-94356-005-0070 $351.20
John W. Gray PNU2010-01741
204 Pennsylvania Avenue
10-29-15-72000-001 -011 0 $200.00
John W. Gray PNU2010-01742
204 Pennsylvania Avenue
10-29-15-72000-001-0110 $200.00
Member Avichouser moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
6. APPROVAL OF MINUTES - September 22, 2010
Member Van Weezel moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of September 22, 2010, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 3:28 p.m.
Chair
Municipal Code E
Secretary to the Board
Code Enforcement 2010-10-27 6