03/23/2011
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
March 23, 2011
Present: Duane Schultz Vice-Chair
Sheila Cole Board Member
Donald van Weezel Board Member
James E. Strickland Board Member
Sue A. Johnson Board Member
Absent: Michael Boutzoukas Chair
Phillip J. Locke Board Member
Also Present: Caitlin E. Sirico 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 07-11
Christopher M. Belvedere
1316 Arden Avenue
Hauling Trailer – Phillips
No one was present to represent the owner.
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was
issued on January 27, 2011, following the first inspection. Violations at 1316 Arden Avenue
relate to a trailer stored between the principal structure and the street. Property photographs on
January 24, February 7, and March 10, 2011 showed the trailer parked between the principal
structure and the street. A photograph on March 15, 2011 showed the trailer had been
removed.
Member Cole 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.
Code Enforcement 2011-03-23 1
Inspector Phillips requested a declaration of violation.
Attorney Camilo 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 March 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 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
3-
The Respondent(s) was/were in violation of the City of Clearwater Code Section(s)
1407.A.2.c
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 23rd day of March 2011, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2011-03-23 2
2.2 Case 08-11 - WITHDRAWN
Jacinto Castellano
516 N. Mars Avenue
Graffiti – Phillips
The City withdrew this case.
2.3 Case 09-11
Clearwater Cay Community Development District
18401 US Highway 19 N
Semi-Trucks/Trailers/Boats parked on vacant property – Ruud
No one was present to represent the owners.
At the board’s request, Inspector Al Ruud provided a PowerPoint presentation of
property photographs. A notice of violation was issued on October 25, 2010, following the first
inspection. Violations at 18401 US Highway 19 N. relate to itinerant truckers and trailers parked
on the property. Property photographs on December 23, 2010, January 3, and February 1,
2011 showed a large number of different 18-wheel trucks, rigs, and trailers parked on the
property. The property owner is working with the Clearwater Police Department to issue No
Trespass warnings and with a towing firm to remove illegally parked vehicles. The property now
is in compliance.
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 Ruud requested a declaration of violation.
Attorney Soto submitted composite exhibits.
Member van Weezel 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 March 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 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
Code Enforcement 2011-03-23 3
1-
The Respondent(s) was/were in violation of the City of Clearwater Code Section(s)
104.B
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 23rd day of March 2011, at Clearwater, Pinellas County,
Florida.
2.4 Case 10-11
Albert & Karen De Jordy
212 S Cirus Avenue
Hauling Trailer – Schaar
No one was present to represent the owners.
Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was
issued on January 18, 2011, following the first inspection. Violations at 212 S Cirus Avenue
relate to hauling trailers parked illegally. Property photographs on December 21, 2010, January
22, and February 15 and 26, 2011 showed various hauling trailers parked in the street and
between the principal structure and street. A photograph on March 15, 2011 showed fencing
and gates installed on the north and south sides of the house. The hauling trailers can be
parked legally behind the 6-foot fence and closed gates. The property now is in compliance.
Inspector Schaar requested a declaration of violation.
Member Strickland 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.
Attorney Soto submitted composite exhibits.
Code Enforcement 2011-03-23 4
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 March 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 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
3-
The Respondent(s) was/were in violation of the City of Clearwater Code Section(s)
1407.A.2.c and 3-1407.A.3.c
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 23rd day of March 2011, at Clearwater, Pinellas County,
Florida.
2.5 Case 11-11
629-637 Bay Esplanade Land Trust
629 Bay Esplanade
Abandoned Signs - Weaver
Code Enforcement 2011-03-23 5
Property Manager Margaret Sutula admitted to the violation.
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.
Ms. Sutula requested 90 days so that the sign can be repaired.
Mr. Soto said the non conforming sign has been abandoned since 2009. Inspector Mary
Jo Weaver said the sign must be removed to meet compliance. She recommended compliance
in 60 days or a fine of $100 per day be imposed.
Discussion ensued with concern expressed that the business does not have a current
Business Tax Receipt and a potential purchaser of this property should have knowledge of this
violation.
Attorney Soto submitted composite exhibits.
Member Van Weezel moved to enter an order requiring the Respondent to correct the
violation on or before April 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. Members van Weezel, Strickland and Johnson and
Vice-Chair Schultz voted “Aye”; Member Cole voted “Nay.” Motion carried.
This case came before the City of Clearwater Code Enforcement Board on March 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 an abandoned sign
exists on the 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)
1803.A
, 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 April 22, 2011. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $100 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 Mary Jo Weaver, 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
Code Enforcement 2011-03-23 6
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 March 2011, at Clearwater, Pinellas County,
Florida.
2.6 Case 12-11
James Arthur Scott
1139 Engman Street
Address Numbers/Door & Window Openings – Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on January 20, 2011, following the first inspection. Violations at 1139 Engman Street
relate to missing address numbers, no mail box, and a broken window. Property photographs
on February 24, 2011 showed no address numbers on the house or mail box, no mailbox, and a
broken window. The property now is in compliance.
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 requested 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 March 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 as follows:
Code Enforcement 2011-03-23 7
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
28-
The Respondent(s) was/were in violation of the City of Clearwater Code Section(s)
82(1), 3-1502.C.1, 3-1502.C.3, and 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 23rd day of March 2011, at Clearwater, Pinellas County,
Florida.
2.7 Case 13-11
Krista Leigh Lipe
907 Plaza Street
Exterior Storage/Public Health, Safety or Welfare Nuisance – Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on October 12, 2010, following the first inspection. Violations at 907 Plaza Street relate
to an unmaintained swimming pool, and the exterior storage of items not intended for outside
use. Property photographs on August 27 and October 5, 2010 and March 10, 2011 showed
opaque water and significant algae present in the swimming pool, which presents a public
health, safety or welfare nuisance and the exterior storage of junk, including wood, empty
boxes, kitty litter, plastic buckets and crates, etc. In response to questions, she said a neighbor
Code Enforcement 2011-03-23 8
reported that the property owner comes by occasionally. The pool is fenced; Inspector Franco
once secured the gate after finding it open.
Member Strickland 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 April 22, 2011 or a fine of $100 per day
per violation be imposed.
Attorney Soto submitted composite exhibits.
Member van Weezel moved to enter an order requiring the Respondent to correct the
violation on or before April 22, 2011. If the Respondent does not comply within the time
specified, the Board may order a fine of $100 per day per violation for each day violations
continue to exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on March 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 an abandoned sign
exists on the property. A representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
3-913, 3-
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1502.G, and 3-1503.B.5
, 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 April 22, 2011. If Respondent(s) does/do not comply within the
time specified, the Board may order a fine of $100 per day per violation for each day the
violation(s) continue(s) 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
Code Enforcement 2011-03-23 9
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 March 2011, at Clearwater, Pinellas County,
Florida.
3. UNFINISHED BUSINESS
3.1 Case 41-10 – Affidavit of Compliance
Van E. Cobb, Jr.
807 N. Garden Avenue
Lot Clearing - Ruud
Member van Weezel moved to accept the Affidavit of Compliance for Case 41-10. The
motion was duly seconded and carried unanimously.
4. NEW BUSINESS:
4.1 Uncollected fine totals
Board Secretary Nicole Sprague reported as of March 23, 2011, the City’s 52 Code
Enforcement liens total $5,563,093 and its 363 Lot Clearing liens total $167,039. In response to
questions, Assistant City Attorney Soto reviewed collection options available to the City under
State Law. It was suggested the FLC (Florida League of Cities) lobby the Legislature to
improve collection opportunities for Florida cities.
5. NUISANCE ABATEMENT LIEN FILINGS
Rodolfo E. Schefer PNU2010-02324
215 N. Jupiter Avenue
11-29-15-22536-000-0440 $311.30
Edward R. Mack PNU2010-02348
1465 Pierce Street
14-29-15-10476-001-0180 $287.18
Daniel L. & Monica Rogers PNU2010-02391
1518 S. Hillcrest Avenue
22-29-15-12042-008-0180 $426.20
Devin Angus PNU2010-02500
1369 Pierce Street
15-29-15-88992-004-0040 $347.18
Code Enforcement 2011-03-23 10
Kari S. Gear PNU2010-02509
1227 Oakview Avenue
23-29-15-29016-000-1130 $374.10
Jeffery J. Hillyer PNU2010-02600
1985 Beckett Lake Drive
01-29-15-06115-003-0060 $428.72
Member van Weezel moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
6 - APPROVAL OF MINUTES - February 23, 2011
Member Johnson moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of February 23, 2011, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
7-ADJOURN
The meeting adjourned at 4:13 p.m.
Municipal Code E
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Code Enforcement 2011-03-23 11