12/21/2011
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
December 21, 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 - APPROVAL OF MINUTESNovember 30, 2011
Member Cole moved to approve the minutes of the regular Municipal Code Enforcement
Board meeting of November 30, 2011, as submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
3 - PUBLIC HEARINGS
3.1 Case 66-11
Nemishawn, Inc.
1315 Cleveland Street
Abandoned Signs – Weaver
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued on September 29, 2011, following the first inspection. Violations at 1315 Cleveland
Street relate to an abandoned sign. Property photographs on September 29 and November 9,
2011 showed the abandoned freestanding sign.
Property representative Joe Rojas admitted to the violation.
Code Enforcement 2011-12-21 1
Inspector Weaver recommended compliance by February 21, 2012 or a fine of $200 per
day be imposed.
Member Cole moved to find the Respondent(s) in violation of the City of Clearwater
Community Development Code as referred to in the affidavit in this case. The motion was duly
seconded and carried unanimously.
Mr. Rojas said an application has been filed to bring the sign into compliance
Member van Weezel moved to enter an order requiring the Respondent to correct the
violation on or before February 21, 2012. If the Respondent does not comply within the time
specified, the Board may order a fine of $200 per day for each day the violation continues 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 December
21, 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 Community Development Code by February 21, 2012. 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 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 2011-12-21 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 21st day of December 2011, at Clearwater, Pinellas
County, Florida.
3.2 Case 67-11
Stephen J. Casucci
204 & 208 Betty Lane
Parking Lot Surfaces – Schaar
Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was
issued on October 5, 2011, following the first inspection. Violations at 204 & 208 Betty Lane
Street relate to deterioration of the shared parking area and driveway. Property photographs on
October 3, 2011 showed the parking area and driveway surfaces are deteriorated with deep
depressions and loose materials.
Property owner Stephen J. Casucci admitted to the violation.
Member van Weezel moved to find the Respondent(s) in violation of the City of
Clearwater Community Development Code as referred to in the affidavit in this case. The motion
was duly seconded and carried unanimously.
Inspector Schaar recommended compliance by January 5, 2012 or a fine of $100 per
day be imposed. The City sent a courtesy letter to the respondent last June.
Mr. Casucci said repair efforts last summer were unsuccessful due to the heat. He said
repairs are underway and can be completed by the deadline.
Discussion ensued with a recommendation that the board grant additional time due to
upcoming holidays and the chance of inclement weather.
Member van Weezel moved to enter an order requiring the Respondent to correct the
violation on or before January 15, 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.
Attorney Soto submitted composite exhibits.
This case came before the City of Clearwater Code Enforcement Board on December
21, 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 2011-12-21 3
Based upon the testimony and evidence received, it is evident that the driveway and
parking surfaces are deteriorated with deep depressions and loose materials. The Respondent
was present.
CONCLUSIONS OF LAW
3-
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1502.K.4
, 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 January 15, 2012. 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
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 21st day of December 2011, at Clearwater, Pinellas
County, Florida.
3.3 Case 68-11
Leona Roots
513 N. Garden Avenue
Exterior Surfaces – Franco
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on February 24, 2011, following the first inspection. Violations at 513 N. Garden Avenue
relate to exterior surfaces. Property photographs on January 6, February 23, and May 17, 2011
showed peeling and flaking paint, rotted wood, and mold and mildew stains on exterior surfaces.
The windows were boarded after staff received a letter from the property owner on April 6, 2011.
Property representative Marshall Trammell admitted to the violation. He said pitting
problems have occurred during the power washing process; the house will be painted. He said
Code Enforcement 2011-12-21 4
Ms. Roots inherited the house, owning it since February 24, 2011. He said the property is
vacant; windows were boarded because they do not lock.
Member Cole moved to find the Respondent(s) in violation of the City of Clearwater
Community Development Code as referred to in the affidavit in this case. The motion was duly
seconded and carried unanimously.
Inspector Franco recommended compliance by January 25, 2012 or a fine of $100 per
day be imposed. She will meet with Mr. Trammel to review required repairs.
Member Strickland moved to enter an order requiring the Respondent to correct the
violation on or before January 25, 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.
Attorney Soto submitted composite exhibits.
This case came before the City of Clearwater Code Enforcement Board on December
21, 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
have peeling and flaking paint, mold and mildew stains, and rotted wood. 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)
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 Community Development Code by January 25, 2012. 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 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 2011-12-21 5
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 21st day of December 2011, at Clearwater, Pinellas
County, Florida.
3.4 Case 69-11
D Guy McMullen Prop. Inc.
1901 Edgewater Drive
Abandoned Signs & Non-Conforming Signs – Weaver
Inspector Weaver provided a PowerPoint presentation. A notice of violation was issued
on November 14, 2011, following the first inspection. Violations at 1901 Edgewater Drive relate
to an abandoned freestanding sign. The business closed in December 2010. Property
photographs on April 11 and November 10, 2011 showed the abandoned freestanding sign in
front of the closed business. Property photographs of the sign structure and closed business on
November 29, 2011 showed the abandoned freestanding sign panels had been removed but the
sign’s pole remained standing.
Property representative Paul McMullen admitted to the violation.
Member Cole moved to find the Respondent(s) in violation of the City of Clearwater
Community Development Code as referred to in the affidavit in this case. The motion was duly
seconded and carried unanimously.
Inspector Weaver recommended compliance by January 23, 2012 or a fine of $200 per
day be imposed. The City has had significant communication with Mr. McMullen.
Mr. McMullen said the sign was permitted and had been in place for 45 years. He said
forcing him to remove the pole would be a “taking” under the Constitution and the City should
reimburse him. He discussed problems meeting State mandates to replace gasoline storage
tanks. He said the business had a license to operate until September 2011. In response to a
question, he said he planned to redo the building.
The Chair discussed City ordinances and the board’s responsibility to enforce City Code.
Comments were made that the business had closed before its license expired and the pole
does not meet the Code.
Member Strickland moved to enter an order requiring the Respondent to correct the
violation on or before January 23, 2012. If the Respondent does not comply within the time
specified, the Board may order a fine of $200 per day for each day the violation continues to
exist. The motion was duly seconded and carried unanimously.
Attorney Soto submitted composite exhibits.
Code Enforcement 2011-12-21 6
This case came before the City of Clearwater Code Enforcement Board on December
21, 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 pole portion of an
abandoned freestanding sign exists. A representative of the Respondent(s) was present.
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 January 23, 2012. 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 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 21st day of December 2011, at Clearwater, Pinellas
County, Florida.
3.5 Case 70-11 - WITHDRAWN
Riad & Fedaa Kantar
1209 N. Ft. Harrison Avenue
Abandoned Signs – Weaver
Staff reported Case 70-11 was withdrawn.
Code Enforcement 2011-12-21 7
4 - UNFINISHED BUSINESS
4.1 Case 40-11- City Council Ruling Presented by Staff
Carol Korotkow
804 Spencer Avenue
Landscaping - Phillips
Planning and Development Director Michael Delk said pursuant to a discussion with the
City Council regarding artificial turf, staff requests that this matter be concluded and no fine be
levied. Based on Council direction, staff will take no further action. The City Attorney reaffirmed
staff’s interpretation of the Code related to artificial turf; the City Council did not amend
Clearwater’s Development Code to allow artificial turf.
Discussion ensued regarding the best way to proceed. As the City did not record a
pending lien with the County, it was determined the board should take no action. Concerns
were expressed if staff ignores this violation, they will have difficulty enforcing it elsewhere.
Disappointment was expressed with City Council action regarding this issue.
Attorney for the Board Andy Salzman said cities can choose to enforce the laws they
choose. He said the board can take no further action on this item unless it is presented with an
Affidavit of Non Compliance or Affidavit of Compliance.
Consensus was to take no action.
4.1 Case 62-11 Affidavit of Non-Compliance
Frank & Anne Mongelluzzi
1450 Gulf to Bay Boulevard
Parking Lot Surfaces and Sign Maintenance - Weaver
Member Johnson moved to accept the Affidavit of Non-Compliance and issue the Order
imposing a fine for Case 62-11. The motion was duly seconded and carried unanimously.
4 - NEW BUSINESS: None.
5 - NUISANCE ABATEMENT LIEN FILINGS
William E. Turner PNU2011-00886
510 Blanche B. Littlejohn
09-29-15-37422-002-0010 $200.00
Lydia I. Lopez PNU2011-01199
1364 Fairmont Street
03-29-15-08388-001-0070 $364.98
Harrison-Jones Properties LLC PNU2011-01255
540 Jones Street
09-29-15-44352-003-0050 $399.90
Code Enforcement 2011-12-21 8
Tanna S. Adcock PNU2011-01316
1041 Fairwood Avenue
08-29-16-99101-009-0120 $361.80
Patrick & Toni Hickey PNU2011-01414
107 N. McMullen Booth Road
16-29-16-00000-210-0500 $484.38
Harrison Jones Properties LLC PNU2011-01614
301 N. Ft. Harrison Avenue
09-29-15-44352-003-0010 $1000.47
Theresa M. Werner PNU2011-01636
1224 Sedeeva Circle
03-29-15-28674-006-0160 $394.80
Ricky Nelson & Lisa Wisecup PNU2011-01638
1601 Barbara Avenue
11-29-15-39258-003-0110 $375.00
30 Days Real Estate Corp Tre PNU2011-01726
1404 Taft Avenue
10-29-15-51948-002-0060 $274.80
Eric D. & Renee A. Parks PNU2011-01755
714 S. Ft. Harrison Avenue
16-29-15-36270-000-0010 $344.00
Bankatlantic PNU2011-01770
1156 LaSalle St
10-29-15-33552-005-0610 $282.00
Gulf Star Properties PNU2011-01791
1145 Engman Street
10-29-15-33552-005-0120 $275.52
Gulf Star Properties LLC PNU2011-01791
1145 Engman Street
10-29-15-33552-005-0120 $275.52
1364 Mary L Rd :LLC PNU2011-01792
1364 Mary L. Rd
03-29-15-08388-003-0070 $386.88
Brian M. Gumto PNU2011-01899
1555 Elizabeth Lane
02-29-15-87930-001-0010 $384.00
Code Enforcement 2011-12-21 9
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Member van Weezel moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
7. ADJOURN:
The meeting adjourned at 2:32 p.m.
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Code Enforcement 2011-12-21 10