04/25/2012
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 25, 2012
Present: Duane Schultz Vice-Chair
Sheila Cole Board Member
James E. Strickland Board Member
Sue A. Johnson Board Member
Michael J. Riordon Board Member
Wayne Carothers Board Member
Absent: Michael Boutzoukas Chair
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 Vice-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 MINUTES – March 28, 2012
Member Johnson moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of March 28, 2012, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3. PUBLIC HEARINGS
3.1 Case 03-12 – Continued from January 25 & March 28, 2012
Gilbert G. Jannelli
1411 Gulf-to-Bay Boulevard
Abandoned Signs, Non-Conforming Signs – Weaver
Property owner Gilbert Jannelli denied the violation.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued on October 5, 2011, following the first inspection. The violation at 1411 Gulf-to-Bay
Boulevard relates to an abandoned, non-conforming sign. Property photographs on May 12,
2011 and March 7, 2012 showed the abandoned, non-conforming, freestanding sign. A March
Code Enforcement 2011-04-25 1
7, 2012 photograph showed the property is advertised for sale or lease. Inspector Weaver said
the property had not had an active BTR (Business Tax Receipt) since 2006.
Property owner Jannelli discussed problems in the East Gateway District. He said his
last tenant used the property for storage; he said that 2 ½-year use did not require a BTR,
water, or electricity. He said a new tenant, scheduled to occupy the building on May 1, 2012,
plans to apply for a façade grant and restructure the sign to meet Code. He said the grant
process will take time. He said part of the sign and structure can be salvaged.
Assistant City Attorney Camilo Soto said the business advertised on the sign last had an
active BTR in 2006. He said the City’s Planning Manager was present to testify that the
property is not zoned for a storage use; property owner Jannelli disagreed. Inspector Weaver
said for several months, the property owner has claimed a tenant soon will occupy the property.
Member Strickland moved to find the Respondent(s) 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 Weaver recommended compliance by May 25, 2012 or a fine of $200 per day
be imposed.
Property owner Jannelli requested 60 days to comply.
Member Strickland moved to enter an order requiring the Respondent to correct the
violation on or before May 25, 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.
Questions were raised regarding sign restructuring methods. It was noted the sign has
been out of compliance for six years and this item has been continued since January.
Upon the vote being taken, the motion carried unanimously.
Attorney Soto submitted composite exhibits.
This case came before the City of Clearwater Code Enforcement Board on April 25,
2012, 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 free-
standing, non-conforming sign is present on the property. The Respondent(s) was/were
present.
CONCLUSIONS OF LAW
Code Enforcement 2011-04-25 2
3-1803.A
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
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 May 25, 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 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
3.2 Case 11-12 – Continued from March 28, 2012
Torey Taylor
1118 Palm Bluff Street
Landscape Cover/Minimum Requirements – Franco
Property owner Torey Taylor admitted to the violation.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued to the previous owner on September 13, 2011, following the first inspection. The
violation at 1118 Palm Bluff Street relates to a lack of landscape cover. Property photographs
on March 27, 2012 showed brown plant material, bare dirt, and mulch in planting beds lacked
washout protection. Property photographs on April 23, 2012, showed mulch had washed into
the yard surface and the backyard was bare dirt. Inspector Franco recommended compliance
by May 16, 2012 or a fine of $100 per day be imposed. Mr. Taylor recently took ownership of
the property and is working with the City toward compliance. The City’s arborist will meet with
Mr. Taylor to discuss the best way to come into compliance.
Property owner Taylor requested two months to comply.
Code Enforcement 2011-04-25 3
Member Cole moved to find the Respondent(s) 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.
Member Johnson moved to enter an order requiring the Respondent to correct the
violation on or before June 27, 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 April 25,
2012, 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 rear yard is bare
dirt. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
3-1204.B
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 Community Development Code by June 27, 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
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 2011-04-25 4
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 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
3.3 Case 13-12
Cleveland Plaza Ltd.
1213 Cleveland Street
Exterior Surfaces – Weaver
Mark Wilkins, General Manager of Cleveland Plaza Ltd., admitted to the violation.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued on November 15, 2011, following the first inspection. Violations at 1213 Cleveland
Street relate to exterior surfaces. Property photographs on February 8, 2012 showed dirty,
partially painted exterior surfaces and faded, chipping, and peeling paint.
Mr. Wilkins said the subject wall was painted to cover graffiti. He said a lease is being
finalized with a new tenant with plans to raze the subject portion of the shopping plaza within
two months. Planning Manager Robert Tefft said a permit application had been submitted and
the project is moving forward.
Member Riordon moved to find the Respondent(s) 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 Weaver said the City would agree to compliance by the end of August or a fine
of $200 per day be imposed.
Member Riordon moved to enter an order requiring the Respondent to correct the
violation on or before August 31, 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.
This case came before the City of Clearwater Code Enforcement Board on April 25,
2012, 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
dirty, partially painted, and paint is faded, chipping, and peeling. A representative of the
Respondent(s) was present.
CONCLUSIONS OF LAW
Code Enforcement 2011-04-25 5
3-1502.B
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 Community Development Code by August 31, 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 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
3.4 Case 14-12
Todd & Dawn Pasqualone
2152 Drew Street
Banners & Flags/Freestanding Signage-Area Allowed/Signage w/o Permits – Weaver
No one was present to represent the owner.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued on February 15, 2012, following the first inspection. Violations at 2152 Drew Street
relate to the display of banners, flags, and freestanding signage without permits. Property
photographs on February 14, 2011 showed balloons and portable signs in front of the business
and a banner hung from a freestanding sign structure. Inspector Weaver issued a written
warning last year and counseled the business owner regarding signage laws.
Property photographs on February 14, 2012 showed a banner hung from a freestanding
sign structure and portable signs in front of the business. Property photographs on March 7,
2012, showed the banner remained. The property and business owners were noticed regarding
the violation and hearing. The business has never applied for a temporary sign permit.
Code Enforcement 2011-04-25 6
Member Riordon moved to find the Respondent(s) 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 Weaver recommended compliance by May 9, 2012 or a fine of $200 per day
be imposed. She said the business owner had indicated removal of the banner would not be a
problem.
Member Riordon moved to enter an order requiring the Respondent to correct the
violation on or before May 9, 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.
This case came before the City of Clearwater Code Enforcement Board on April 25,
2012, 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 banners, flags,
balloons, and portable signs are displayed without permit. 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)
1804.D, 3-1806.B.1.c, and 4-1002
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 May 9, 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
Code Enforcement 2011-04-25 7
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 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
3.5 Case15-12 - Withdrawn
Housh Ghovaee
300 Belcher Road
Abandoned Signs/Non-Conforming Signs – Weaver
Case 15-12 was withdrawn.
3.6 Case 16-12
Branch Banking & Trust Co.
1450 Gulf-to-Bay Boulevard
Abandoned Signs/Non-Conforming Signs/Parking Lot Surfaces – Weaver
Greg Biegel, Vice President of Branch Banking & Trust Co., was present to represent
the property owner.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued on December 30, 2011, following the first inspection. Violations at 1450 Gulf-to-Bay
Boulevard relate to an abandoned, non-conforming sign and parking lot surfaces. Property
photographs on July 27, 2011 and March 7, 2012 showed the abandoned, non-conforming,
freestanding sign, a large pot hole in the front parking lot, and a deteriorated driveway surface.
The property has been vacant since 2010.
Mr. Biegel said while Branch Banking & Trust Co. has owned the property since
November 30, 2011, following foreclosure, the title was not recorded correctly until April 5, 2012.
He said following receipt of the corrected title on April 18, 2012, his firm was able to access the
property and begin to work with the City to correct Code violations. He said the property was
cleaned, the front pot hole filled, and an interior sign removed. He said arrangements have
been made to remove the freestanding sign.
Mr. Biegel was complimented for his firm’s prompt attention to violations.
Member Strickland moved to find the Respondent(s) 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 Weaver recommended compliance by May 25, 2012 or a fine of $200 per day
per violation be imposed. She said the bank has been diligent in its efforts to comply.
Code Enforcement 2011-04-25 8
Member Cole moved to enter an order requiring the Respondent to correct the violation
on or before May 25, 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.
This case came before the City of Clearwater Code Enforcement Board on April 25,
2012, 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 free-
standing, non-conforming sign is present and potholes exist in the driveway and parking lot
surfaces. 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, 6-104.B, and 3-1502.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 May 25, 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 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2011-04-25 9
3.7 Case 17-12 – Continued to May 23, 2012
LOM Inc.
311 S. Gulfview Boulevard
Banners & Flags/Attached Signs in Non-Residential Districts/Signage w/o
Permits/Window Signs – Weaver
Case 17-12 was continued automatically to May 23, 2012.
3.8 Case 18-12
Victoria Morton
1419 Union Street
Door & Window Openings/Windows Maintenance/Windows Facing Right-of-Way/Public
Health, Safety or Welfare Nuisance – Franco
No one was present to represent the respondent.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on August 7, 2011, following the first inspection. Violations at 1419 Union Street relate
to a health, safety, or welfare nuisance and door/window openings and maintenance. Property
photographs on July 18, 2011 and January 5, 2012 showed a broken/missing boarded window
and an unmaintained swimming pool, featuring significant algae and opaque water. Property
photographs on April 25, 2012, showed the broken window, a wide open slider and rear door to
the residence, and shallow opaque water with significant algae and trash in the swimming pool.
Inspector Franco said following the Police Department’s discovery of people sleeping in the
house on August 7, 2011, the property owner stated via telephone that the violations would be
corrected; no action was taken. She expressed concern the deteriorated chain link fence does
not prevent access to the swimming pool.
Member Cole moved to find the Respondent(s) 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 May 11, 2012 or a fine of $100 per day
per violation be imposed.
A higher fine was recommended as the swimming pool poses a public health, safety or
welfare nuisance and long standing violations have not been corrected.
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before May 11, 2012. If the Respondent does not comply within the time
specified, the Board may order a fine of $200 per day per violation for each day each 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 April 25,
2012, after due notice to the Respondent(s), and having heard testimony under oath and
Code Enforcement 2011-04-25 10
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
and doors and sliders are open, providing transient access to the home and swimming pool
water is opaque. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
1502.C.1, 3-1502.C.3, 3-1502.C.4, 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 Community Development Code by May 11, 2012. If Respondent(s)
does/do not comply within the time specified, the Board may order a fine of $200.00 per day per
violation for each day each 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
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 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
3.9 Case 19-12
Venie W. Brinson
1800 Drew Street
Development Code Violation - Phillips
Don Brinson, representing his mother, property owner Venie Brinson, denied the violation.
Attorney Soto said the property’s business owner, Videotec, also was noticed.
Code Enforcement 2011-04-25 11
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was
issued on March 7, 2012, following the first inspection. The violation at 1800 Drew Street
relates to Development Code Violation: car stereo equipment installation is not a permitted use.
The business’s BTR application, submitted in 2010, indicated the business would provide retail
sales; the BTR specifically states that car stereo equipment installation is not permitted at this
location. Property photographs on January 13, February 4 and 12, March 2 and 4, and April 19
and 21, 2012 showed vehicles awaiting service and installation of car stereo equipment
underway behind the store. Property photographs on February 4 and 28, 2012 showed
customer vehicles parked illegally on Weber Avenue.
Mr. Brinson said car stereo equipment installation is a permitted use. He said the
installation is not occurring inside a structure as referenced by the Code but is done behind a
permitted fence. He said the use does not result in hazardous waste, like oil changes. He said
customer vehicles are legally parked. He said nearby businesses install car stereo equipment
and the tenant had done all possible to comply with Code.
Attorney Soto said the business’s BTR is limited to retail sales. He said car stereo
equipment installation is an illegal use of the property, even if similar nonconforming uses occur
nearby. Mr. Tefft stated the only vehicle services permitted on this property are washing,
waxing, oil changes, and window tinting; car stereo equipment installation is not permitted, even
if performed outside. The Code permits car stereo equipment installation in industrial zones.
Concern was expressed that inequities in the Code make no sense. Comments were
made regarding oil change and car stereo equipment installation methods.
Member Riordon moved to enter an order to find the Respondent not in violation of the
City of Clearwater Code of Ordinances as referred to in the affidavit in this case, and this case is
dismissed. The motion was duly seconded.
It was commented that car stereo equipment installation can be done in someone’s
driveway.
Upon the vote being taken, Members Johnson, Riordon, and Carothers voted “Aye”;
Members Cole and Strickland and Vice Chair Schultz voted “Nay.” Motion failed.
Discussion ensued regarding permitted vehicle maintenance applications and comments
that installation of a stereo system is a one-time occurrence and is being performed on private
property behind a fence. It was stated that the board is charged with enforcing Code as written.
It was suggested the City should have better things to do than pursuing small business owners
and it was felt the City should leave this business alone. It was recommended that the Code be
changed to allow this use in this location.
Attorney Soto said according to Code, installation of car stereo equipment is not a
permitted use in this zoning district. Also, the business does not have the required state license
to install car stereo equipment. Attorney for the Board Andy Salzman noted the property is
zoned for retail use only.
Code Enforcement 2011-04-25 12
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 died due
to a lack of a second.
Member Strickland moved to enter an order to find the Respondent not in violation of the
City of Clearwater Code of Ordinances as referred to in the affidavit in this case, and this case is
dismissed. The motion was duly seconded. Members Strickland, Johnson, Riordon, and
Carothers voted “Aye”; Member Cole and Vice Chair Schultz voted “Nay.” Motion carried.
This case came before the City of Clearwater Code Enforcement Board on April 25,
2012, after due notice to the Respondent(s), and having hear testimony under oath and
received evidence, the Board issues to 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 that the condition does not
exist.A representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are not in violation of the City of Clearwater Community
1-104.B
Development Code Section(s) as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that this Case 19-12 shall be dismissed.
DONE AND ORDERED
this 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
4. UNFINISHED BUSINESS
4.1 Case 64-11 Affidavit of Compliance
Chase Home Finance LLC
1447 Turner Street
Public Nuisance Condition/Public Health, Safety or Welfare Nuisance - Schaar
4.2 Case 66-11 Affidavit of Compliance
Nemishawn Inc.
1315 Cleveland Street
Abandoned Signs - Weaver
4.3 Case 01-12 Affidavit of Compliance
Ibrahim Ghobrial & Shahinaz Kaldas
1445 S. Missouri Avenue
Ext Surfaces/Door & Window Openings/Windows Maint/Color – Weaver
4.4 Case 07-12 Affidavit of Compliance
Code Enforcement 2011-04-25 13
GTE Florida Inc
1280 Cleveland Street
Development Code Violation - Schaar
4.5 Case 10-12 Affidavit of Non-Compliance
US Bank Natl Assn Tre
510 N. Garden Avenue
Abandoned Bldg/Nuisance/Public Nuisance Condition - Franco
Member Cole moved to accept the Affidavits of Compliance for Cases 64-11, 66-11, 01-
12, and 07-12 and to accept the Affidavit of Non-Compliance and issue an Order imposing fine
for Case 10-12. The motion was duly seconded and carried unanimously.
5. OTHER BOARD ACTION
5.1 Case 19-11 – Request for Fine Reduction
Claudia M. Montes
445 Hamden Drive Unit 406
Short Term Rental – Franco
Pam Zibell, of Realty Executive Suncoast and representative for Fannie Mae, said after
Fannie Mae took possession of the unit on June 3, 2011 following foreclosure, a tenant
produced a two-year prepaid lease. A cash for keys agreement was reached and the property
was vacated in September 2011. She said the property was sold at auction and requested a
fine reduction.
Inspector Franco said the City issued an Affidavit of Compliance on October 17, 2011.
Code Compliance Manager Terry Teunis recommended the fine be reduced to administration
costs of $2,197.70.
Member Strickland moved to enter an order reducing the fine for Case 19-11 to $2,500,
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 April 25, 2012, 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 30, 2011, as recorded in O.R. Book 17438, Pages 2616-2619, of the public
records of Pinellas County, Florida, is hereby reduced to $2,500.00 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 $25,750.00 shall be recorded in the public records
of Pinellas County, Florida.
Code Enforcement 2011-04-25 14
DONE AND ORDERED
this 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
5.2 Case 64-11 – Request for Fine Reduction
Chase Home Finance LLC
1447 Turner Street
Public Nuisance Condition, Public Health, Safety or Welfare - Schaar
Josuha Heuman, of Sunray Realty and representative for Fannie Mae, requested a fine
reduction, payable within 45 days. He said working with a government entity takes more time
than is usual. Mr. Teunis recommended the fine be reduced to administration costs of
$1,245.20. Inspector Shelby Schaar said the violation was corrected as of April 5, 2012.
Member Riordon moved to enter an order reducing the fine for Case 64-11 to
administration costs of $1,245.20, payable within 45 days or the lien will revert to its original
amount. The motion was duly seconded. Members Strickland, Johnson, Riordon, and
Carothers and Vice Chair Schultz voted “Aye”; Member Cole voted “Nay.” Motion carried.
The Municipal Code Enforcement Board has considered the Respondent’s request for
reconsideration of fine at a hearing held on April 25, 2012, 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 30, 2011, as recorded in O.R. Book 17438, Pages 2628-2631 of the public
records of Pinellas County, Florida, is hereby reduced to administration costs of $1,245.20
payable to the Petitioner within 45 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 $21,600.00 shall be
recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED
this 25th day of April 2012, at Clearwater, Pinellas County,
Florida.
6. NUISANCE ABATEMENT LIEN FILINGS
Edward R. Mack PNU2011-01098
1465 Pierce Street
14-29-15-10476-004-0180 $381.83
Jonathan & Deborah Dlugose PNU2011-01942
1454 Barry Street
23-29-15-28998-000-1400 $320.95
Code Enforcement 2011-04-25 15
US Bank Natl Ass Tre PNU2011-02202
510 N Garden Avenue
09-29-15-60120-000-0070 $350.50
Bih S Chow Est. PNU2011-02275
201 S San Remo Avenue
14-29-15-10476-004-0150 $360.95
Eric & Renee Parks PNU2011-02317
714 S Ft Harrison Avenue
16-29-15-36270-000-0010 $273.66
Cely Bou PNU2011-02352
2077 Camellia Drive
13-29-15-348/30-000-0080 $282.05
Tarpon IV LLC PNU2011-02364
801 Howard Street
22-29-15-07938-010-0010 $376.12
Jane M. Tarr PNU2011-1244
1825 Cleveland Street
13-29-15-82458-001-0010 $506.41
David J. Heitzman PNU2012-00017
1222 Everglades Avenue
19-29-16-92340-006-0050 $307.24
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
It was stated that negative comments regarding the Code were directed to the City
Council, not staff.
Attorney Soto said board members should review facts objectively and not legislate from
the bench, even if they do not agree with the law.
7. ADJOURN:
The meeting adjourned at 4:03 p.m.
ACC "iv/
Attest: Chair
Municipal Code E orcement Board
itt Info,
S -cr-tary for the .oard
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Code Enforcement 2011-04-25 ��v ,,
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