02/23/2011
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 23, 2011
Present: Michael Boutzoukas Chair
Duane Schultz Vice-Chair
Phillip J. Locke Board Member
Sheila Cole Board Member
Donald van Weezel Board Member
Sue A. Johnson Board Member
Absent: James E. Strickland Board Member
Also Present: Andy Salzman Attorney for the Board
Camilo Soto Assistant City Attorney
Nicole Sprague 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 05-11
Gary & Noemi Foster
200 Richards Avenue
Fences and Walls – Wilson
No one was present to represent the owners.
Inspector Kyle Wilson provided a PowerPoint presentation. A notice of violation was
issued on May 18, 2010, following the first inspection. Violations at 200 Richards Avenue relate
to a damaged wall. Property photographs on May 3, 2010 and January 19, 2011 showed a
portion of the block wall is damaged and missing.
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.
Inspector Wilson recommended compliance by March 23, 2011 or a fine of $150 per day
be imposed.
Code Enforcement 2011-02-23 1
Attorney Camilo Soto submitted composite exhibits.
Member Van Weezel moved to enter an order requiring the Respondent to correct the
violation on or before March 22, 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 continues to
exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on February 23,
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 portion of the block
wall behind the house is damaged and missing. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
3-808
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 March 22, 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 Kyle Wilson, 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 23rd day of February 2011, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2011-02-23 2
2.2 Case 06-11
EBW Investments Inc.
401 N. Garden Avenue
Exterior Surfaces - Franco
No one was present to represent the owners.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on October 18, 2010, following the first inspection. Violations at 401 N. Garden Avenue
relate to exterior surfaces. Property photographs on January 6, 2011 showed exterior surfaces
are rusted and stained with peeling and missing paint and loose material. Property
representative George Everhart has begun to make repairs.
Member Van Weezel 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.
Inspector Franco recommended compliance by March 22, 2011 or a fine of $100 per day
be imposed.
Attorney Soto submitted composite exhibits.
Member Locke moved to enter an order requiring the Respondent to correct the violation
on or before March 22, 2011. 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 February 23,
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 exterior surfaces are
rusted, stained, paint is peeling and missing, and materials are loose. The Respondent(s)
was/were not present.
CONCLUSIONS OF LAW
3-
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1502.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 March 22, 2011. 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
Code Enforcement 2011-02-23 3
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
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 23rd day of February 2011, at Clearwater, Pinellas County,
Florida.
3. UNFINISHED BUSINESS
3.1 Case 17-10 Affidavit of Compliance
Aqua Sun Development LLC
15 Somerset St. #7C (703)
Overnight Accommodations – Franco
3.2 Case 18-10 – Affidavit of Compliance
Aqua Sun Development LLC
15 Somerset St. #7A (701)
Overnight Accommodations – Franco
3.3 Case 20-10 – Affidavit of Compliance
Aqua Sun Development LLC
15 Somerset St. #6B (602)
Overnight Accommodations – Franco
3.4 Case 21-10 – Affidavit of Compliance
Aqua Sun Development LLC
15 Somerset St. #4B (402)
Overnight Accommodations – Franco
3.5 Case 22-10 – Affidavit of Compliance
Aqua Sun Development LLC
15 Somerset St. #3B (302)
Overnight Accommodations – Franco
Code Enforcement 2011-02-23 4
3.6 Case 26-10 – Affidavit of Compliance
Robert A. Feely
14 Leeward Island
Fences & Walls, Exterior Surfaces – Franco
3.7 Case 28-10 – Affidavit of Compliance
Scott R. Parker
3266 Sandy Ridge Drive
Public Health, Safety or Welfare Nuisance – Schaar
3.8 Case 40-10 – Affidavit of Compliance
Leola D. Cobb
809 N. Garden Avenue
Lot Clearing - Ruud
3.9 Case 44-10 – Affidavit of Compliance
Mike Touhey
1478 S Hercules Ave.
Public Health/Safety Nuisance - Phillips
Member Cole moved to accept the Affidavits of Compliance for Cases 17-10, 18-10, 20-
10, 21-10, 22-10, 26-10, 28-10, 40-10, and 44-10. The motion was duly seconded and carried
unanimously.
4. NEW BUSINESS:
4.1 Request for Fine Reduction – PNU2010-01918
Grant Boshoff
601 Wildwood Way
Lot Clearing (mow lawn, trim, debris removal) – DeBord
No one was present to represent the owners.
Code Compliance Manager Terry Teunis said the City did not support a reduction as the
fine represents City administrative costs plus hard costs for lot clearing work. Attorney for the
Board Andy Salzman said the fine cannot be reduced below administrative costs.
Member Cole moved to deny the request for a fine reduction for PNU2010-01918. The
motion was duly seconded and carried unanimously.
4.2 Request for Fine Reduction – 26-10
Robert A. Feely
14 Leeward Island
Fences/Windows/Exterior Surfaces - Franco
Wilma Mason, representing property owner Robert Feely, said Mr. Feely was victim to
mortgage fraud; his signature was forged and he did not know he owned this property until he
received a foreclosure notice. The house has been sold. She said the utility lien will be paid at
closing. She requested a fine reduction.
Code Enforcement 2011-02-23 5
Mr. Teunis reported accrued fines are $52,539.76, with administration costs totaling
$2,452.46. Inspector Franco said the property is in compliance. Attorney Soto said the City is
aware of the mortgage fraud scheme and agrees to a fine reduction.
Attorney Soto submitted composite exhibits.
Member Johnson moved to enter an order reducing the fine for Case 26-10 to
administration costs of $2,452.46, 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 February 23, 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 November 17, 2010, as recorded in O.R. Book 17103, Pages 1684-1689, of the public
records of Pinellas County, Florida, is hereby reduced to administrative costs of $2,452.46
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 $52,539.76 shall be
recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED
this 23rd day of February 2011, at Clearwater, Pinellas County,
Florida.
4.3 Update - Sunshine Law and Board Rules and Regulations
Attorney Salzman reviewed Florida’s Sunshine Law. Board meetings are quasi-judicial
to allow for due process. Members need to contact the Board Secretary prior to absences. The
Board Secretary will provide proposed amendments to the Rules and Regulations for board
consideration.
4.4. Legal Recommendation for Homestead Properties
Attorney Salzman discussed difficulties in collecting for liens placed on homesteaded
properties; liens die when foreclosure occurs. He said the City could pursue individuals instead
of property but suggested few with recent foreclosures have assets. He said the goal is
compliance.
Attorney Soto said the City prefers to take homesteaded property violations to the
County court, which can fine property owners for civil infractions. It was recommended that the
City file Intents to Lien following board approval of Nuisance Abatement Liens and Affidavits of
Non-Compliance.
Code Enforcement 2011-02-23 6
Concern was expressed that the City is uneven in its treatment of property owners.
Attorney Salzman said the City needs to be able to choose how best to reach compliance.
It was requested that staff report how much the City is owed in uncollected fines.
Attorney Salzman said due to budgetary constraints, the City does not have personnel available
to pursue money owed.
Support was expressed for the City to file Intents to Lien to provide property purchasers
information regarding existing problems.
5. NUISANCE ABATEMENT LIEN FILINGS
Marvin S. Elfenbein Trust PNU2010-01879
Marvin & Mildred Elfenbein, Tre
1205 N. Garden Avenue $338.23
09-29-15-65466-000-0190
Philip J. Matonte PNU2010-01976
Michael Williams & Assoc., Inc.
307 Leeward Island $200.00
08-29-15-43308-000-0340
Gulf Star Properties LLC PNU2010-02249
1145 Engman Street
10-29-15-33552-005-0120 $340.52
Otis George PNU2010-02296
Minnie Proctor Est
511 N. Garden Avenue
09-29-15-37422-002-0181 $348.50
Curtis J. McAffee PNU2010-02304
Lilly McCoy
404 Blanche B Littlejohn Trl
09-29-15-37422-002-0080 $341.08
Nancy Peritore PNU2010-02311
2661 Peachtree Circle E.
29-28-16-20200-000-0110 $378.20
US Bank Tre PNU2010-02351
30 N. Evergreen Avenue
15-29-15-27090-001-0090 $532.40
Sherri Ann Thompson PNU2010-02430
1169 Russell Street
10-29-15-26892-010-0050 $331.97
Member Van Weezel moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
Code Enforcement 2011-02-23 7
6. APPROVAL OF MINUTES — January 26, 2011
It was noted that the Board's Attorney had been misidentified in the .fanuary 26, 2011
minutes.
Member Schultz moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of January 26, 2011, as amended. The motion was duly seconded
and carrisd unanimously.
7. ADJOURN:
The meeting adjourned at 4:07 p.m.
ytC'�� Chair
�de Enforcement Board
Code Enforcement 2011-02-23 8