01/26/2011
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
January 26, 2011
Present: Michael Boutzoukas Chair
Phillip J. Locke Board Member
Sheila Cole Board Member
James E. Strickland Board Member
Sue A. Johnson Board Member
Duane Schultz Board Member
Absent: Donald van Weezel Vice-Chair
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 286.0105 requires any
party appealing a decision of this Board to have a record of the proceedings.
2. PUBLIC HEARINGS
2.1 Case 01-11
Southeastern Conference Assn. of Seventh Day Adventist, Inc.
1018 N. Missouri Ave.
Windows – Franco
No one was present to represent the owners.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on October 1, 2010, following the first inspection. Violations at 1018 N. Missouri Avenue
relate to broken window glass. Property photographs on September 30 and November 16,
2010 showed broken window panes and a boarded window. Inspector Franco discussed the
Code and violations with owner representative, Mr. O. Watson. The property now is in
compliance.
Member Locke 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.
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Inspector Franco requested the board issue a declaration of violation.
Attorney Soto submitted composite exhibits.
Member Cole moved to enter an order that no fine be imposed against the Respondent.
If the Respondent repeats the violation, the Board may order a fine for each day the violation
continues to exist after the Respondent is notified of the repeat violation. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on January 26,
2011, 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. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 3-
1502.C.3 & 3-1502.C.4 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(s). 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 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.
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 26th day of January 2011, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2011-01-26 2
2.2 Case 02-11
Harrison-Jones Properties, LLC
540 Jones St.
Exterior Surfaces, Doors/Windows Openings
Roof Maintenance, Graffiti - Franco
Ronald Pollack, Manager of Harrison-Jones Properties, LLC, admitted to the violations.
Inspector Franco provided a PowerPoint presentation of property photographs on
November 2 and November 23, 2010, which showed broken windows, loose roof shingles,
peeling paint, exterior damage, and graffiti.
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 February 23, 2011 or a fine of $100 per
day per violation be imposed. While the building is secure, windows are low enough to gain
access and a door could be breached. She said the building’s neglected appearance is of
concern. She said no one had contacted her previously regarding this property.
Mr. Pollack said he had forwarded City correspondence to the lender. He said in
preparation for a short sale, the lender required the tenant to vacate the premises and had
taken the keys. He said he can access the keys to make repairs. He said the sale is “as is” and
the buyer will repair the structure. He did not think the transaction would be completed within 30
days and requested an additional month. He did not want to invest more money in the property.
In response to a question, Mr. Pollack said the lender had sued the LLC rather than file for
foreclosure.
Discussion ensued with concern expressed that a lien may slow or stop the sale but that
the process to meet Code must move forward.
Attorney Soto submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the
violations on or before March 23, 2011. If the Respondent does not comply within the time
specified, the Board may order a fine of $100 per day for each day each 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 26,
2011, 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 2011-01-26 3
Based upon the testimony and evidence received, it is evident that exterior surfaces,
doors, windows, and the roof need to be repaired and graffiti needs to be removed. A
representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-
1502.B.1, 3-1502.C.1, 3-1502.C.3, 3-1502.C.4, 3-1502.D & 3-1054, 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 23, 2011. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $100.00 per day per violation for each day the
violation(s) continue 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
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 January 2011, at Clearwater, Pinellas County,
Florida.
2.3 Case 03-11
Phillip J. Matonte
Michael William & Assoc. Inc.
307 Leeward Island
Building Permit Required/Flexibility Criteria – Franco
No one was present to represent the owners.
Inspector Franco provided a PowerPoint presentation. A notice of violation was issued
on November 23, 2010, following the first inspections. Violations at 307 Leeward Island relate
to the front setback, which violates the IENCOD (Island Estates Neighborhood Conservation
Overlay District), and requirement for a building permit. Property photographs on May 25, June
Code Enforcement 2011-01-26 4
28, and November 23, 2010 showed vehicles parked in the front setback on pavers that were to
be removed and replaced with vines. The December 6, 2010 photograph showed that the
property was fenced and building declared unsafe. The City’s Building/Flood Board of
Adjustment & Appeals is scheduled to rule on the unsafe building issue.
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 within 45 days of resolution of the unsafe
building case or a fine of $150 per day per violation be imposed.
Attorney Soto submitted composite exhibits.
Member Locke moved to enter an order requiring the Respondent to correct the
violations within 45 days of resolution of the unsafe building case. If the Respondent does not
comply within the time specified, the Board may order a fine of $150.00 per day per violation 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 January 26,
2011, 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 building permit was
not obtained as required and significant green space in the front yard is covered by pavers,
which must be removed. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 4-
203.A.1, 4-203.A.3 & 2-1602.E.1.b, 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 45 days after resolution of Unsafe Building Case. If
Respondent(s) does/do not comply within the time specified, the Board may order a fine of
$150.00 per day per violation for each day the violation(s) continue 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.
Code Enforcement 2011-01-26 5
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 26th day of January 2011, at Clearwater, Pinellas County,
Florida.
2.4 Case 04-11
Didomizio Investments, Inc
333 Hamden Dr.
Development Code Violation – O’Neil
Kristi Reckenwald introduced herself as the property manager but presented no
authorization to speak on behalf of the property owner. No one was present to represent the
owners.
Inspector Corey O’Neil provided a PowerPoint presentation. A notice of violation was
issued on September 20, 2010, following the first inspection. Violations at the Tropical Breeze
Motel at 333 Hamden Drive relate to the repair and expansion of a dock without permit. A
property photograph on January 2, 2007 showed the dock before it was expanded and
photographs on September 7, 2010 and January 25, 2011 showed the dock after it was
extended and a floating dock added to accommodate jet skis. Planner III Wayne Wells said
Pinellas County had not issued a permit to repair or expand the dock. The flexible development
process takes almost three months. If the CDB (Community Development Board) approves the
application, the property owner will need to obtain permits from several agencies.
Ms. Reckenwald said rotting boards were replaced on the unsafe dock in 2008; the
pilings were not touched. She said Woods Consulting has been hired to submit a flexible
development application to the City. Joseph Spagnolo said he runs his jet ski business from the
subject property and described how he had anchored a partially submerged pontoon boat and
attached it to the dock. He said he could refloat the boat within a short time.
Discussion ensued with comments that the pontoon boat is not a vessel as modifications
have made it inoperable.
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.
Discussion ensued regarding dock repairs.
Upon the vote being taken, the motion carried unanimously.
Code Enforcement 2011-01-26 6
Inspector Franco recommended compliance by February 25, 2011 or a fine of $150 per
day be imposed.
Discussion ensued regarding the lengthy process to obtain dock permits following CDB
approval. Mr. Soto said the floating dock/pontoon boat could be removed immediately; boats
are regulated by the State. Inspector O’Neil said the vessel’s license had expired. It was
suggested Mr. Spagnolo contact the State for information to resolve his issue. Mr. Wells said
the Harbormaster had declared the vessel to be derelict.
Attorney Soto submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent to correct the violations
on or before March 1, 2011 or to submit a good faith flexible development application by March
1, 2011. If the Respondent does not comply within the time specified, the Board may order a
fine of $150 per day for each day the violation(s) continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on January 26,
2011, 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 dock was
repaired and expanded without a permit. The Respondent(s) was/were not present and there
was no authorized representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1-104.B
& 3-601.C.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 or submit a Flexible Development application for the dock by March
1, 2011. If Respondent(s) does/do not comply within the time specified, the Board may order a
fine of $150.00 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 Corey O’Neil, 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
Code Enforcement 2011-01-26 7
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 26th day of January 2011, at Clearwater, Pinellas County,
Florida.
3. UNFINISHED BUSINESS
3.1 Case 30-09 Affidavit of Compliance
Randall E. Barnhart
Deborah E. Barnhart
143 Bayside Dr.
Overnight Accommodations - Franco
3.2 Case 38-10 Affidavit of Compliance
Nina M. Cruz
1401 N. Osceola Ave.
Large Vehicles in Residential Areas - Franco
3.3 Case 40-10 Affidavit of Non-Compliance
Leola D. Cobb
809 N. Garden Ave.
Lot Clearing – Ruud
3.4 Case 41-10 Affidavit of Non-Compliance
Van E. Cobb, Jr.
807 N. Garden Ave.
Lot Clearing - Ruud
Member Schultz moved to accept the Affidavit of Compliance for Cases 30-09 and 38-10
and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases
40-10 and 41-10. The motion was duly seconded and carried unanimously.
4. NEW BUSINESS
4.1 Richard and Joann Coley – Request for fine reduction
15 Somerset Street Unit 6C (603)
Development Code Violation (Overnight Accommodations) – 19-10
Attorney Soto said the City and owner Richard Coley had agreed to a settled amount of
$1,873.20, which covers City administration costs.
Code Enforcement 2011-01-26 8
Mr. Coley requested 60 days to pay the reduced fine from settlement costs. In response
to questions, he said he had stopped renting the unit for short term rentals, as permitted by
Condo rules, once he learned that Code prohibited the practice.
In response to Attorney Soto’s concern regarding the lack of incentive for the owner to
pay the reduced fine after closing, it was noted that title to the property cannot be issued until
the lien is cleared.
Member Cole moved to enter an order reducing the fine for Case 19-10 to administration
costs of $1,873.20, 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 January 26, 2011, 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
dated May 26, 2010, as recorded in O.R. Book 17018, Pages 541-548, of the public records of
Pinellas County, Florida, is hereby reduced to administrative costs of $1,873.20 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 $18,000.00 shall be recorded in the public
records of Pinellas County, Florida.
DONE AND ORDERED this 26th day of January 2011, at Clearwater, Pinellas County,
Florida.
4.2 Election of Chair/Vice Chair
Member Schultz moved to appoint Michael Boutzoukas as Chair. The motion was duly
seconded. There being no other nominations, the appointment was approved.
Member Strickland moved to appoint Duane Schultz as Vice-Chair. The motion was
duly seconded. There being no other nominations, the appointment was approved.
5. NUISANCE ABATEMENT LIEN FILINGS:
An Pham & Minh Dam PNU2010-01354
1601 N. Osceola Ave.
09-29-15-55530-000-0250 $290.00
Ewart Holdings, Inc. PNU2010-01436
1406 N. Garden Ave.
09-29-15-92808-000-0010 $470.00
Code Enforcement 2011-01-26 9
Lois M. Cooper PNU2010-01603
2069 Seton Dr.
01-29-15-58464-000-0250 $437.30
Walter K. Maxwell PNU2010-01738
Jeri S. Maxwell
1740 W. Manor Ave. $420.50
06-29-16-16506-000-0250
Tony Woods PNU2010-01747
919 Lantana Ave.
05-29-15-54666-048-0010 $450.80
30 Days Real Estate Corp, TRE. PNU2010-01825
1140 Palm Bluff St.
10-29-15-33552-006-0520 $361.04
Gjergji Gjyshi PNU2010-01861
Gitjana Gjyshi
1349 Franklin St. $417.85
15-29-15-88992-006-0020
Theresa M. Werner PNU2010-01885
1224 Sedeeva Cir.
03-29-15-28674-006-0160 $405.80
Morequity, Inc. PNU2010-02104
1005 Mark Dr.
15-29-15-82206-000-0570 $388.52
Matthew Walker. PNU2010-02206
2010 Rebecca Dr.
24-29-15-27036-000-1420 $385.70
An Pham & Minh Dam. PNU2010-02207
1601 N. Osceola Ave.
09-29-15-55530-000-0250 $379.25
Milford Chavous PNU2010-02223
410 Pennsylvania Ave.
10-29-15-72000-005-0010 $456.50
Harrison-Jones Properties, LLC PNU2010-02264
540 Jones St.
09-29-15-44352-003-0050 $419.50
Gilbert Miller & Gro Miller PNU2010-02305
1724 Thomas Dr.
05-29-16-94356-005-0070 $373.70
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
Code Enforcement 2011-01-26 10
6. APPROVAL OF MINUTES — December 16, 2010
Member Johnson moved to approve the minutes �f the regular Municipai Code
Enforcement Board meeting of December 16, 2010, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 4:28 p.m.
�.� ��
Chair
>al Code En�orcement Board
Code Enforcement 2011-01-26 11