10/26/2011
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
October 26, 2011
Present: Michael Boutzoukas Chair
Duane Schultz Vice-Chair
Sheila Cole Board Member
Donald van Weezel Board Member
James E. Strickland Board Member
Sue A. Johnson Board Member
Michael J. Riordon 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 61-11
Ibrahim Ghobrial & Shahinaz Kaldas
1445 S. Missouri Avenue
Abandoned & Non-Conforming Signs – Weaver
No one was present to represent the owner during the hearing on this item.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued on August 4, 2011, following the first inspection. Violations at 1445 S. Missouri
Avenue relate to abandoned and non-conforming signs. Property photographs on June 25,
2011 showed the abandoned, non-conforming freestanding sign and a non-conforming attached
sign. Property photographs on September 29, 2011 showed the non-conforming attached sign
had been covered with paint, but the freestanding sign remained. Staff has called the
Respondent twice.
Member van Weezel moved to find that the Respondent(s) was in violation of the City of
Clearwater Community Development Codeas referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Code Enforcement 2011-10-26 1
Inspector Weaver recommended compliance by November 23, 2011 or a fine of $100
per day be imposed.
Member Schultz moved to enter an order requiring the Respondent to correct the
violation on or before November 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 violations continue to exist.
The motion was duly seconded and carried unanimously.
Assistant City Attorney Camilo Soto submitted composite exhibits.
The hearing was reopened following property owner Ibrahim Ghobrial’s late arrival. He
said the violations had been corrected. The board did not modify its order.
This case came before the City of Clearwater Code Enforcement Board on October 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 an abandoned
freestanding sign and nonconforming attached sign were present. The Respondent(s) arrived
after the Public Hearing closed. When reopened, the order was not changed.
CONCLUSIONS OF LAW
3-1803.A
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
& 6-104.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 Community Development Code by November 23, 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.
Code Enforcement 2011-10-26 2
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 October 2011, at Clearwater, Pinellas County,
Florida.
2.2 Case 62-11
Frank & Anne Mongelluzzi
1450 Gulf-to-Bay Boulevard
Parking Lot Surfaces, Sign Maintenance, Abandoned/Non-ConformingSigns –Weaver
No one was present to represent the owner.
Inspector Weaver provided a PowerPoint presentation. A notice of violation was issued
on August 3, 2011, following the first inspection. Violations at 1450 Gulf-to-Bay Boulevard
relate to an abandoned, non-conforming freestanding sign and pot holes in parking lot surfaces.
Property photographs on July 27 and September 29, 2011 showed the freestanding sign and
pot holes in the parking lot. Attorney for the Board Andy Salzman reported the property owners
had declared bankruptcy.
Member van Weezel moved to find that the Respondent(s) was in violation of the City of
Clearwater Community Development Codeas referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Weaver recommended compliance by November 23, 2011, or a fine of $100
per day be imposed.
Member Cole moved to enter an order requiring the Respondent to correct the violation
on or before November 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 violations continue to exist. The
motion was duly seconded and carried unanimously.
Attorney Soto submitted composite exhibits.
This case came before the City of Clearwater Code Enforcement Board on October 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 an abandoned
freestanding sign and potholes in the parking lot surfaces were present. The Respondent(s)
was/were not present.
CONCLUSIONS OF LAW
Code Enforcement 2011-10-26 3
33-
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1502.K.4, 3-1502.I, 3-1803.A, and 6-104.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 Community Development Code by November 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 violations continue 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 26th day of October 2011, at Clearwater, Pinellas County,
Florida.
2.3 Case 63-11
Harry Allen Stephens
2024 Cleveland Street
Exterior Storage, Exterior Storage not for Outdoor Use – Schaar
No one was present to represent the owner.
Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was
issued on September 20, 2011, following the first inspection. Violations at 2024 Cleveland
Street relate to the exterior storage of commercial equipment and internal furnishings. Property
photographs on September 20, 2011 showed restaurant equipment, bins, tables, furnishings
and building materials stored outside. The property is occupied and unfenced. The property
owner has not contacted staff; staff has spoken to people on the property several times.
Member Schultz moved to find that the Respondent(s) was in violation of the City of
Clearwater Community Development Codeas referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Code Enforcement 2011-10-26 4
Inspector Schaar recommended compliance by November 10, 2011, or a fine of $100
per day be imposed. Staff has provided the property owner with multiple notices during the past
six months.
Member Strickland moved to enter an order requiring the Respondent to correct the
violation on or before November 10, 2011. If the 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.
Attorney Soto submitted composite exhibits.
This case came before the City of Clearwater Code Enforcement Board on October 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 an accumulation of
commercial equipment and interior furnishings are stored outside. 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.G.1 & 3-1502.G.2
, 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 Community Development Code by November 10, 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 Shelby Schaar, 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
Code Enforcement 2011-10-26 5
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 October 2011, at Clearwater, Pinellas County,
Florida.
2.4 Case 64-11
Chase Home Finance LLC
1447 Turner Street
Public Nuisance, Public Health, Safety or Welfare Nuisance - Schaar
No one was present to represent the owner.
Inspector Schaar provided a PowerPoint presentation. A notice of violation was issued
on June 29, 2011, following the first inspection. Violations at 1447 Turner Street relate to an
unmaintained swimming pool. Property photographs on September 13, 2011 showed significant
algae present in opaque water. The swimming pool, which is fenced on three sides, presents a
public health, safety or welfare nuisance. Staff first visited the property in April and has had
conversations with the home’s residents, who do not own the property. Staff also has contacted
the Chase Home Finance LLC employee who signed the registered mail receipt for the Notice of
Violation.
Member Schultz moved to find that the Respondent(s) was in violation of the City of
Clearwater Community Development Codereferred to in the affidavit in this case. The motion
was duly seconded and carried unanimously.
Inspector Schaar recommended compliance by November 10, 2011 or a fine of $100 per
day be imposed.
It was stated that the fine for this serious issue should be as high as possible.
Member van Weezel moved to enter an order requiring the Respondent to correct the
violation on or before November 10, 2011. If the Respondent does not comply within the time
specified, the Board may order a fine of $200.00 per day for each day violations continue to
exist. The motion was duly seconded and carried unanimously.
Attorney Soto submitted composite exhibits.
This case came before the City of Clearwater Code Enforcement Board on October 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 water in the
swimming pool is green/black and opaque, which presents a public health, safety or welfare
nuisance. The Respondent(s) was/were not present.
Code Enforcement 2011-10-26 6
CONCLUSIONS OF LAW
3-
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1503.B.1 & 3-1503.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 Community Development Code by November 10, 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 Shelby Schaar, 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 October 2011, at Clearwater, Pinellas County,
Florida.
3 - UNFINISHED BUSINESS
3.1 Case 40-11 – Administrative Request for Extension of Time
Carol Korotkow
804 Spencer Avenue
Landscaping - Phillips
Assistant Planning & Development Services Director Gina Clayton requested approval of
a time extension for the November 29, 2011, compliance deadline for Case 40-11. At Council
direction, staff is preparing an ordinance to permit artificial turf; Council will vote on the
Ordinance in February.
Member Schultz moved to enter an order to extend the time the Respondent has to
correct the violation to March 5, 2012. 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.
Code Enforcement 2011-10-26 7
This case came before the City of Clearwater Code Enforcement Board on June 22,
2011, after due notice to the Respondent, and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order:
Based upon the testimony and evidence received, it is evident that the front yard is
covered with a synthetic material where groundcover is required to be maintained in a healthy
and live condition. A representative of the Respondent was present.
CONCLUSIONS OF LAW
3-1502.H.1, 3-
The Respondent is in violation of the City of Clearwater Code Sections
1502.H.2and 3-1502.H.3
, as referred in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall comply with said Section of the
City of Clearwater Code by November 29, 2011. However, this case came before the City of
Clearwater Code Enforcement Board again on October 26, 2011, and it was agreed to extend
the Order and require that the Respondent comply with said Section of the City of Clearwater
Code by March 5, 2012. If Respondent does 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 shall notify Inspector Julie Phillips,
who shall inspect the property and notify the Board of compliance. If the Respondent fails 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, 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 October 2011, at Clearwater, Pinellas County,
Florida.
3.2 Case 42-11 - Affidavit of Compliance
Orville Tucker Sr.
1700 Gulf-to-Bay Boulevard
Exterior Surfaces/Windows/Fencing – Schaar
Code Enforcement 2011-10-26 8
3.3 Case 54-11 – Affidavit of Non-Compliance
Kenneth Ingrassia
1005 Amble Lane
Delinquent BTR/Residential Rental BTR - Shawen
3.4 Case 56-11 – Affidavit of Non-Compliance
Kevin Duvall
1487 Cleveland Street
Exterior Surfaces – Phillips
Member Schultz moved to accept the Affidavit of Compliance for Case 42-11 and to
accept the Affidavits of Non-Compliance and issue Orders imposing fines for Cases 54-11 and
56-11. The motion was duly seconded and carried unanimously.
3.5 Discuss updated Rules and Regulations for adoption at November 30, 2011 MCEB
meeting.
Consensus was for Article VIII, Section 6, item 3 to read, “ . . . will may present
information . . .”.
Attorney Salzman requested Board Members contact the Board Secretary before
meetings when they are aware of a conflict of interest.
4 - NEW BUSINESS
4.1 Case 40-05 – Fine Reduction Request
Bruce T. Vaughan
1721 Estelle Drive
Lot Clearing, Exterior Surfaces, Roof maintenance - Franco
Member Schultz moved for the Municipal Code Enforcement Board to hear the request
for a fine reduction for Case 40-05. The motion was duly seconded and carried unanimously.
Lee Heath said he had purchased and rehabilitated the property. He said he has a
buyer and requested that the fine be reduced to administration costs.
In response to questions, Mr. Heath said the property met compliance within10 days of
his April 21, 2011, purchase. Attorney Soto said City lot clearing costs are included in the City’s
administration costs. Staff would support a fine reduction to $2,089.36.
Member Cole moved to enter an order reducing the fine for Case 40-05 to administration
costs of $2,089.36, payable within 30 days or the lien will revert to its original amount. 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 October 26, 2011, and based upon the evidence
presented, enters the following Findings of Fact, Conclusions of Law, and Order.
Code Enforcement 2011-10-26 9
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 30, 2005, as recorded in O.R. Book 14964, Pages 2094-2097, of the public
records of Pinellas County, Florida, is hereby reduced to administration costs of $2,089.36
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 $319,350.00 shall be
recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED
this 26th day of October 2011, at Clearwater, Pinellas County,
Florida.
5 - NUISANCE ABATEMENT LIEN FILINGS
Kevin Duvall PNU2011-00597
1487 Cleveland Street
14-29-15-38736-004-0050 399.50
Cely Bou PNU2011-01043
16325 Redington Drive
18-29-16-34560-006-0090 $323.00
Federal Home Loan Mtg Corp PNU2011-01047
2425 Nash Street
18-29-16-34560-005-0010 $250.00
Kyla Cooney PNU2011-01054
809 Palm Bluff Street
10-29-15-65718-000-0161 $250.00
James W. Stratton PNU2011-01082
1525 Rosemere Road
11-29-15-31194-000-1020 $602.75
Lisa Lewis PNU2011-01150
1138 Engman Street
10-29-15-33552-001-0520 $295.52
Randall Craig Smith PNU2011-01204
2020 Magnolia Drive
13-29-15-23904-003-0110 $389.00
Susan Dowe & Charlotte Ure PNU2011-01205
1117 Granada Avenue
03-29-15-47430-0020-0190 $335.00
Code Enforcement 2011-10-26 10
******************** PNU2011-01206
2019 Magnolia Drive
13-29-15-23904-004-0040 $381.50
Danna G. Anderson PNU2011-01213
1832 Bellemeade Drive
02-29-15-98964-000-0410 $344.78
Jeanette Joerin PNU2011-01247
315 N. Washington Avenue
10-29-15-18414-002-0110 $389.00
Kenneth & Rebecca Cotton PNU2011-01261
1341 Terrace Road
03-29-15-08388-001-0170 $392.72
Joseph M. Loy PNU2011-01280
300 N. Washington Avenue
10-29-15-18414-001-0070 $424.40
30 Days Real Estate Corp Tre PNU2011-01281
1146 Engman Street
10-29-15-33552-004-0560 $288.02
David K. & Kellen D. Voss PNU2011-01292
2072 Madrid Court
01-29-15-93627-000-0040 $306.02
Michelle & James Lathrop PNU2011-01300
1714 Greenhill Drive
02-29-15-99000-000-0920 $363.48
Laurie Lee Burbach PNU2011-01304
Carol A. Nierzwicki
1616 Maple Street $507.50
11-29-15-00000-420-0400
Johnny L. Daniels EST PNU2011-01318
1405 N. Garden Avenue
09-29-15-92808-000-0130 $293.64
American Infoage PNU2011-01369
505 Virginia Lane
13-29-15-00000-320-0500 $497.00
Jason Stewart PNU2011-01474
1705 Thomas Drive
05-29-16-94356-004-0280 $572.60
Code Enforcement 2011-10-26 11
Chuck C. Broadhurst PNU2011-01487
1112 Palm Bluff Street
10-29-15-33552-006-0390 $318.02
Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
6 -APPROVAL OF MINUTES —September 28, 2011
Member Johnson moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of September 28, 2011, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
ITEMS NOT ON THE AGENDA
It was requested that staff consider ways the Board could help Police Department efforts
to discourage property owners from allowing repeated criminal activity on their property.
7. ADJOURN:
The meeting adjourned at 2:35 p.m. / dor
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Code Enforcement 2011-10-26 12