09/28/2011
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
September 28, 2011
Present: Michael Boutzoukas Chair
Duane Schultz Vice-Chair
Donald van Weezel Board Member
James E. Strickland Board Member
Sue A. Johnson Board Member
Empty Seat Board Member
Absent: Sheila Cole Board Member
Also Present: Andy Salzman Attorney for the Board
Camilo Soto Assistant City Attorney
Nicole Sprague Secretary to the Board
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 1:30 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 58-11
Melissa A. Bresnahan
1420 Park Street
Windows/Maintenance – Weaver
No one was present to represent the owner.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued on June 17, 2011, following the first inspection. Violations at 1420 Park Street
relate to a boarded window. Property photographs on April 26 and July 27, 2011 showed the
boarded window. In May, the Respondent contacted the City, stating the property is in
foreclosure but provided no further information. The Property Appraiser’s site still lists Melissa
A. Bresnahan as the owner of record. Inspector Weaver recommended compliance in 30 days
or a fine of $100 per day be imposed.
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 and to enter an order
requiring the Respondent to correct the violation on or before October 28, 2011. If the
Code Enforcement 2011-09-28 1
Respondent does not comply within the time specified, the Board may order a fine of $100 per
day for each day violations continue to exist. The motion was duly seconded and carried
unanimously.
Assistant City Attorney Camilo Soto submitted composite exhibits.
This case came before the City of Clearwater Code Enforcement Board on September
28, 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 window is boarded.
The Respondent was not present.
CONCLUSIONS OF LAW
3-
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1502.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 by October 28, 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
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 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 28th day of September 2011, at Clearwater, Pinellas
County, Florida.
Code Enforcement 2011-09-28 2
2.2 Case 59-11
N & M Investment Property LLC
1475 Pierce Street
Business Tax Receipt/Residential Rental Business Tax Receipt – McMahan
Case 59-11 was withdrawn.
2.3 Case 60-11
N & M Investment Property LLC
809 Turner Street
Business Tax Receipt/Residential Rental Business Tax Receipt – McMahan
Case 60-11 was withdrawn.
3 - UNFINISHED BUSINESS
3.1 Case 44-11 Affidavit of Non-Compliance
Rule LLP
23 S. Myrtle Avenue
Exterior Surfaces – Schaar
3.2 Case 48-11 Affidavit of Non-Compliance
Bright Knight Properties LC
531 & 525 Cleveland Street
Exterior Surfaces – Schaar
3.3 Case 51-11 Affidavit of Compliance
John & Kathryn Warner
809 Spencer Avenue
Development Code Violation, Required Setbacks, and Canvas Structure - Wilson
Member Johnson moved to accept the Affidavits of Non-Compliance and issue Orders
imposing fines for Cases 44-11 and 48-11 and to accept the Affidavit of Compliance for Case
51-11. The motion was duly seconded and carried unanimously.
4 - NEW BUSINESS
4.1. Discuss updated rules and regulations for discussion for adoption at October 26,
2011 MCEB meeting.
Board Secretary Nicole Sprague reviewed proposed updates to Board Rules and
Regulations. To clarify violations for the audience, Planning & Developmental Services
Assistant Director Gina Clayton recommended that staff provide PowerPoint presentations even
if Respondents are absent or admit to violations. Attorney for the Board Andy Salzman
reviewed the history of current procedures; he agreed some Respondents are not eager to
admit to violations before proof is presented.
Consensus was for staff to provide a summary presentation to include the subject
property’s address and a brief explanation of each violation with a photograph before the Chair
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questions if the Respondent admits to the violation. If the Respondent contests the existence of
violations, staff will present the remainder of this portion of their case. It was recommended that
Rules allow the Board to consider Phases 1 and 2 together when Respondents are not present.
It was requested that staff not read Code into the record; questions can be asked if
necessary. Instead of including it in staff’s presentation, it was recommended a copy of return
service be added to the record, which includes the Respondents’ home address and copies of
subject Code, Notices of Violation and Hearing, Affidavit of Violation, and Request for Hearing
Mr. Salzman said due process prohibits presentation of an abbreviated time line of City
activity related to the violation during Phase 1 of the hearing. The information can be presented
during the affirmative relief phase if necessary for the Board to consider mitigating factors
before determining a fine. In response to a concern, it was determined the Board can reduce
repeat violation fines under special circumstances.
Following discussion regarding ARTICLE IX, Section 8, Mr. Salzman will provide
language related to capping fines or liens at the value of the property. It was felt it is important
that the City always recover its costs. Ms. Clayton said staff will provide a mockup of a
streamlined presentation in October. The board will adopt updates to its Rules and Regulations
in November.
5 - NUISANCE ABATEMENT LIEN FILINGS
Shannon P. & Esther Gibbons PNU2011-01181
2991 Ashecroft Court
17-28-16-18655-000-1160 $595.57
James E. McKinnes PNU2011-01072
1362 Fairbanks Drive
19-29-16-59112-000-4550 $513.03
Countrywide Bank PNU2011-01046
201 Kilmer Avenue
18-29-16-34542-002-0010 $410.60
Washington Mutual Bank PNU2011-01117
2580 Elderberry Drive
19-28-16-18634-000-0280 $374.60
Timothy Borowica PNU2011-00905
1954 Jeffords Street
13-29-15-26982-000-0530 $355.31
Trust No. 1238 PNU2011-00784
1836 Pineland Drive
03-29-15-36666-002-0260 $333.20
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Trust No. 1238 PNU2011-00783
1244 Vista Way
03-29-15-36666-002-0270 $333.20
Gulf Star Properties PNU2011-00870
1145 Engman Street
10-29-15-33552-005-0120 $280.52
Eddie McCantas Est. PNU2011-00716
1126 LaSalle Street
10-29-15-33552-005-0460 $265.52
Selim Ozunal PNU2011-00846
424 Midway Island
08-29-15-43344-000-0630 $250.00
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
6 -APPROVAL OF MINUTES—August 24, 2011
Member van Weezel moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of August 24, 2011, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 2:55 p.m. /
Chair
Municipal Code Enfor-ement Board
Attest:
-fAV THE Ch.,N
Secre ary to the B.=rd , 4
(a)
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