11/17/2010
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
November 17, 2010
Present: Michael Boutzoukas Vice-Chair
Phillip J. Locke Board Member
Donald Van Weezel Board Member
James E. Strickland Board Member
Sue A. Johnson Board Member
Duane Schultz Board Member
Absent: Sheila Cole 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 Vice-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 40-10
Leola D. Cobb
809 N. Garden Avenue
Lot Clearing Violation – Ruud
Ben Cobb said he represented his mother, the property owner. He admitted to the
violation.
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.
Inspector Alan Ruud recommended compliance within 30 days or a fine of $200 per day
be imposed. He said cleanup had begun.
Mr. Cobb requested 45 days to seek assistance and needed laborers.
Assistant City Attorney Camilo Soto submitted composite exhibits.
Code Enforcement 2010-11-17 1
Member Locke moved to enter an order requiring the Respondent to correct the violation
on or before January 4, 2011. If the Respondent does not comply within the time specified, the
Board may order a fine of $200 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 November
17, 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 significant amount
of materials, including vehicles, concrete blocks, tanks, etc. were present on the property and in
the City’s right-of-way. 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)
1503.B.7
, 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 January 4, 2011. If Respondent(s) does/do not comply within
the time specified, the Board may order a fine of $200.00 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) 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
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 17th day of November 2010, at Clearwater, Pinellas
County, Florida.
Code Enforcement 2010-11-17 2
2.2 Case 41-10
Van E. Cobb
807 N. Garden Avenue
Lot Clearing Violation - Ruud
Ben Cobb, representing his family’s property, admitted to the violation.
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.
Inspector Ruud recommended compliance within 30 days or a fine of $200 per day be
imposed. He said the City would support allowing 45 days.
In response to a request, Inspector Rudd provided a PowerPoint presentation of
property photographs: 1) September 19, 2009 photographs showed a fence blocking the City’s
right-of-way, rusted tanks and a large accumulation of junk, including files and vehicle parts on
the property and in the City owned right-of-way and 2) October 12, 2010 photographs showed a
vehicle nearly buried in trash, cement blocks, a rusted tank, and a significant amount of junk on
the owner’s property and in the City owned right-of-way.
Mr. Soto submitted composite exhibits.
Member Locke moved to enter an order requiring the Respondent to correct the violation
on or before January 4, 2011. If the Respondent does not comply within the time specified, the
Board may order a fine of $200 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 November
17, 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 significant amount
of materials, including vehicles, concrete blocks, tanks, etc. were present on the property and in
the City’s right-of-way. 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)
1503.B.7
, 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 January 4, 2011. If Respondent(s) does/do not comply within
the time specified, the Board may order a fine of $200.00 per day for each day the violation
Code Enforcement 2010-11-17 3
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) 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
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 17th day of November 2010, at Clearwater, Pinellas
County, Florida.
3. UNFINISHED BUSINESS
3.1 Case 26-10 Affidavit of Non-Compliance
Robert A. Feely
14 Leeward Island
Fences, Walls, Exterior Surfaces, Windows - Franco
Member Van Weezel moved to accept the Affidavit of Non-Compliance and issue the
Order imposing fines for Case 26-10. The motion was duly seconded and carried unanimously.
Affidavit of Non-Compliance
The Municipal Code Enforcement Board received the of
Code Inspector Peggy Franco in the above-referenced case at the Board meeting held
Wednesday, November 17, 2010, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
Based on the Affidavit of Non-Compliance, it is evident the property is in violation of the
Code.
CONCLUSIONS OF LAW
3-808, 3-808.A.1, 3-808.A.5, 3-
The Respondent(s) is/are still in violation of Section(s)
1502.B, and 3-1502.C.4
,, of the Code of the City of Clearwater, Florida, in that the
Respondent(s) has/have failed to remedy the cited violation(s) and has/have not complied with
the Order of this Board dated July 28, 2010.
Code Enforcement 2010-11-17 4
ORDER
In accordance with the Board’s Order dated November 17, 2010, it is the Order of this
Board that Respondent(s) pays/pay a fine of $100.00 per violation/per day for each day the
violations continue to exist beyond the compliance due date of August 11, 2010.
A certified copy of this Order shall be recorded in the public records of Pinellas County,
and once recorded, shall constitute a lien against any real or personal property owned by the
violator(s) pursuant to Chapter 162 of the Florida Statutes.
A fine imposed pursuant to Chapter 162 of the Florida Statutes continues to accrue until
the violator(s) comes/come into compliance or until judgment is rendered in a suit to foreclose
on a lien filed pursuant to Chapter 162, whichever occurs first.
DONE AND ORDERED
this 17th day of November 2010, at Clearwater, Pinellas
County, Florida.
4. NEW BUSINESS:
4.1 Roy MacGarrett – Request for fine reduction/elimination
816 Martin Luther King Avenue
Demolition Lien D-08-08 & Nuisance Abatement PNU2008-00913
Mr. Soto reported this item has been withdrawn. The property was foreclosed.
4.2 Election of Chair/Vice Chair
Member Van Weezel moved to appoint Michael Boutzoukas as Chair. The motion was
duly seconded. As there were no other nominations, the appointment was approved.
Member Strickland moved to appoint Donald Van Weezel as Vice-Chair. The motion
was duly seconded. As there were no other nominations, the appointment was approved.
Code Enforcement 2010-11-17 5
5. NUISANCE ABATEMENT LIEN FILINGS:
Gilbert Lopez PNU2010-01261
1416 San Juan Court
14-29-15-10476-008-0090 $359.00
William P. Haggerty, Jr. PNU2010-01264
2046 Little Neck Road
02-29-15-98320-000-1070 $483.80
Provident Investment Mtg Trust PNU2010-01274
1304 N. Madison Avenue
10-29-15-26892-007-0110 $367.58
Trust No. 1238 PNU2010-01286
1238 Vista Way
03-29-15-36666-002-0270 $363.20
Raquel Hetzel PNU2010-01322
903 Druid Road
15-29-15-59292-001-0110 $366.50
Benjamin & Kristine Albert PNU2010-01401
1217 Hermitage Avenue
19-29-16-92394-009-0270 $350.00
Robel Bayview LLC PNU2010-01456
1919 Edgewater Drive
03-29-15-88092-000-0030 $1989.03
US Bank TRE PNU2010-01463
30 N. Evergreen Avenue
15-29-15-27090-001-0090 $513.50
Shannon & Esther Gibbons PNU2010-01557
2991 Ashecroft Court
17-28-16-18655-000-1160 $722.17
Maria & Roberto Castellanos PNU2010-01579
929 Mandalay Avenue
05-29-15-54666-050-0040 $348.38
Member Van Weezel moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
Code Enforcement 2010-11-17 6
6. APPROVAL OF MINUTES - October 27, 2010
Member Locke moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of October 27, 2010, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
Items not on the Agenda
Staff reported a conflict with the December meeting date.
The Municipal Code Enforcement Board recessed from 3:19 to 3:24 p.m.
Member Strickland moved to schedule the next board meeting on December 16, 2010.
The motion was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 3:24 p.m. //i
Secretary to the Board
Chair
Municipal Code
Board
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