07/25/2012
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
July 25, 2012
Present: Michael Boutzoukas Chair
Duane Schultz Vice-Chair
James E. Strickland Board Member
Michael J. Riordon Board Member
Wayne Carothers Board Member
Absent: Sue A. Johnson Board Member
Sheila Cole Board Member
Also Present: Andy Salzman Attorney for the Board
or Caitlin E. Sirico 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 MINUTES – June 27, 2012
Member Carothers moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of June 27, 2012, as submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
3. PUBLIC HEARINGS
3.1 Case 29-12
Anne Beaudry
106 S Orion Avenue
Delinquent Business Tax – Shawen
No one was present to represent the owner.
Inspector Dee Shawen provided a PowerPoint presentation. A notice of violation was
issued on June 18, 2012, following the first inspection. Violations at 106 S Orion Avenue relate
to delinquent BTRs (Business Tax Receipts) for FY (Fiscal Year) 2010/11 and 2011/12. The
City’s Utility Department confirmed water service for the property is in the tenant’s name.
Code Enforcement 2012-07-25 1
Property photographs on June 18, 2012, showed the rental property and tenant vehicles in the
driveway.
Member Schultz 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 Shawen recommended compliance by August 15, 2012 or a fine of $100 per
day be imposed.
Assistant City Attorney Camilo Soto submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the
violation on or before August 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.
This case came before the City of Clearwater Code Enforcement Board on July 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 that the rental
property’s Business Tax Receipts are delinquent for Fiscal Years 2010/11 and 2011/12. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
29.40(1)
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 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 Dee Shawen, 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 2012-07-25 2
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 July 2012, at Clearwater, Pinellas County, Florida.
3.2 Case 30-12
Chris L. Rattray
1810 Star Drive
Delinquent Business Tax/ BTR Required – Shawen
No one was present to represent the owner.
Inspector Dee Shawen provided a PowerPoint presentation. A notice of violation was
issued on June 18, 2012, following the first inspection. Violations at 1810 Star Drive relate to
delinquent BTRs for FY 2009/10, 2010/11 and 2011/12. The City’s Utility Department confirmed
water service for the property is in the tenant’s name. Property photographs on June 18, 2012,
showed the rental property. She has had no contact with the property owner; the tenant
indicated the property owner collects the monthly rent.
Member Schultz 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 Shawen recommended compliance by August 15, 2012 or a fine of $100 per
day be imposed.
Assistant City Attorney Soto submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the
violation on or before August 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.
This case came before the City of Clearwater Code Enforcement Board on July 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 that the rental
property’s Business Tax Receipts are delinquent for Fiscal Years 2009/10, 2010/11, and
2011/12. The Respondent(s) was/were not present.
Code Enforcement 2012-07-25 3
CONCLUSIONS OF LAW
29.30(1)
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
and 29.40(1)
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 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 Dee Shawen, 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 July 2012, at Clearwater, Pinellas County, Florida.
3.3 Case 31-12
Chris Rattray & Anne Beaudry
100 N. Comet Avenue
Delinquent Business Tax/ BTR Required – Shawen
No one was present to represent the owner.
Inspector Dee Shawen provided a PowerPoint presentation. A notice of violation was
issued on June 18, 2012, following the first inspection. Violations at 100 N. Comet Avenue
relate to delinquent BTRs for FY 2009/10, 2010/11 and 2011/12. The City’s Utility Department
confirmed water service for the property is in the tenant’s name. Property photographs on June
18, 2012, showed the rental property and vehicles belonging to the tenant.
Member Schultz 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.
Code Enforcement 2012-07-25 4
Inspector Shawen recommended compliance by August 15, 2012 or a fine of $100 per
day be imposed.
Assistant City Attorney Soto submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the
violation on or before August 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.
This case came before the City of Clearwater Code Enforcement Board on July 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 rental property’s
Business Tax Receipts are delinquent for Fiscal Years 2009/10, 2010/11, and 2011/12. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
29.30(1)
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
and 29.40(1)
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 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 Dee Shawen, 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.
Code Enforcement 2012-07-25 5
DONE AND ORDERED
this 25th day of July 2012, at Clearwater, Pinellas County, Florida.
3.4 Case 32-12
Chris Rattray & Anne Beaudry
2041 McKinley Street
Delinquent Business Tax/ BTR Required – Shawen
No one was present to represent the owner.
Inspector Dee Shawen provided a PowerPoint presentation. A notice of violation was
issued on June 18, 2012, following the first inspection. Violations at 2041 McKinley Street relate
to delinquent BTRs for FY 2009/10, 2010/11 and 2011/12. Property photographs on June 18,
2012, showed the rental property and vehicle belonging to the tenant. Ms. Shawen had contact
with the tenant, not the owners.
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 Shawen recommended compliance by August 15, 2012 or a fine of $100 per
day be imposed.
Assistant City Attorney Soto submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before August 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.
This case came before the City of Clearwater Code Enforcement Board on July 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 that the rental
property’s Business Tax Receipts are delinquent for Fiscal Years 2009/10, 2010/11, and
2011/12. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
29.30(1)
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
and 29.40(1)
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 15. 2012. If Respondent(s)
Code Enforcement 2012-07-25 6
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 Dee Shawen, 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 July 2012, at Clearwater, Pinellas County, Florida.
3.5 Case 33-12
Chris Rattray & Anne Beaudry
7 S Lake Drive
Delinquent Business Tax/ BTR Required – Shawen
No one was present to represent the owner.
Inspector Dee Shawen provided a PowerPoint presentation. A notice of violation was
issued on June 18, 2012, following the first inspection. Violations at 7 S Lake Drive relate to
delinquent BTRs for FY 2010/11 and 2011/12. The City’s Utility Department confirmed water
service for the property is in the tenant’s name. Property photographs on June 18, 2012,
showed the rental property.
A board member commented he would not approve a future fine reduction because the
BTR fee is nominal.
Member Schultz 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 Shawen recommended compliance by August 15, 2012 or a fine of $100 per
day be imposed.
Assistant City Attorney Soto submitted composite exhibits.
Code Enforcement 2012-07-25 7
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before August 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.
This case came before the City of Clearwater Code Enforcement Board on July 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 that the rental
property’s Business Tax Receipts are delinquent for Fiscal Years 2010/11 and 2011/12. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
29.30(1)
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
and 29.40(1)
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 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 Dee Shawen, 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 July 2012, at Clearwater, Pinellas County, Florida.
3.6 Case 34-12
Josee Goudreault & Dana T. Redd
Code Enforcement 2012-07-25 8
1825 Venetian Point Drive
Fences & Walls – Franco
Property owner Josee Goudreault was present.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on February 21, 2012, following the first inspection. Violations at 1825 Venetian Point
Drive relate to a fence in disrepair. Property photographs on July 5, 2012, showed a portion of
the fence had fallen; the fence also is leaning and has missing and rotten boards. A property
photograph on July 23, 2012 showed the leaning fence, with missing boards. She said some
repairs to the fence had been attempted in the rear of the property.
Property owner Goudreault denied the violation exists. She said the subject fence is not
hers. She said her brand new fence had disappeared when she was out of town, along with
many of her records and items, including the hot water heater. She said paperwork regarding
her purchase of the property also was missing. She said she replaced five boards on the
subject fence after the recent storm to block access to her backyard swimming pool.
Inspector Franco said the City had not issued a fence permit for this location. She said
the findings of fact indicate the fence belongs to the 1825 Venetian Point Drive property as the
fence stringers face that property. Representation of the condominium association next door
was invited to this meeting, but no one could attend.
Discussion ensued with a comment that some fence stringers are installed to face
outwards and concerns were expressed that the MCEB (Municipal Code Enforcement Board)
cannot act until it has sufficient information regarding the property line location and ownership of
the fence. That information, including a property survey, was requested.
Member Riordon moved to continue Case 34-12 to August 22, 2012. The motion was
duly seconded.
It was stated that the 1825 Venetian Point Drive property owner is responsible for
providing the MCEB with the property survey. It was suggested the condominium association
could be contacted for a copy of its survey.
Upon the vote being taken, the motion carried unanimously.
3.7 Case 35-12
An Pham & Minh Dam
1601 N Osceola Avenue
Door & Window Openings/Exterior Surfaces/Fences & Walls/Bldg & Fire Code
Requirements/Roof Maintenance – Franco
David Platte was present to represent the property owners.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on June 28, 2012, following the first inspection. Violations at 1601 and 1601½ N
Osceola Avenue relate to an open door, broken and unsecured windows, peeling paint on
exterior surfaces, a fence in disrepair, roof damage, and collapsed ceilings. A property
Code Enforcement 2012-07-25 9
photograph on January 23, 2012 showed an open window that could not be shut. Property
photographs on April 16, 2012 showed an open front door, peeling exterior paint, and debris on
an interior floor. Property photographs on June 7, 2012 showed peeling paint on exterior
surfaces, collapsed ceilings in three rooms and debris on the floors, boarded windows, and a
collapsing fence with missing and broken boards. A photograph on July 24, 2012 showed the
result of Building Department efforts to secure the front door. She reported signs of vagrants in
the rear unit. For her safety, the Police had accompanied her to the property.
David Platte, representative, said the property owners live in Oakland, California and
have been unable to rent out the property or hire someone to repair it. He recommended to the
owners that they set a realistic listing price and market the property as distressed. He said the
property owners cannot afford to make any repairs.
Member Schultz 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 August 27, 2012 or a fine of $150 per
day be imposed. She said her first contact with the property owners occurred yesterday when
Moon Pham, sister of the property owner, called.
Representative Platte said a Realtor had anticipated it would take 90 days to obtain a
contract for the house; he requested 90 days to comply. He also requested that the board not
impose a fine as it is unlikely it will be collected.
Discussion ensued regarding the high cost of repairing the house and the likelihood it
would have to be razed. Concern was expressed regarding how this distressed property is
affecting neighbors.
Assistant City Attorney Soto submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the
violation on or before August 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.
It was recommended that the motion be amended to increase the fine to $150 per day.
Member Schultz and the seconder accepted the amendment to the motion.
Upon the vote being taken, Members Strickland, Riordon, and Carothers, and Chair
Boutzoukas voted “Aye”; Member Schultz voted “Nay.” Motion carried.
This case came before the City of Clearwater Code Enforcement Board on July 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
Code Enforcement 2012-07-25 10
Based upon the testimony and evidence received, it is evident that the property has
open doors, broken and unsecured windows, peeling paint on exterior surfaces, a fence in
disrepair, roof damage, and collapsed ceilings. 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.C.1, 3-1502.C.3, 3-1502.C.4, 3-1502.B, 3-808, 3-808.A.1, 3-808.A.2, 3-808.A.3, 3-
808.A.5, 3-1502.A, and 3-1502.D.1
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 27, 2012. If Respondent(s)
does/do not comply within the time specified, the Board may order a fine of $150.00 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
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 July 2012, at Clearwater, Pinellas County, Florida.
3.8 Case 36-12
Willie B. Holmes
505 N Garden Avenue
Door & Window Openings - Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on May 29, 2012, following the first inspection. Violations at 1601 N Osceola Avenue
relate to broken and boarded windows and door. Property photographs on July 5, 2012,
Code Enforcement 2012-07-25 11
showed broken windows and a large board leaning through a slider door without glass. She
said this is a problem property in the area.
In response to questions, Inspector Franco said property owner Willie B. Holmes had
died and one of his sons lived in the house with his girlfriend until he went to prison; his
girlfriend still resides there. Many people are in and out of the home. The Fire Department has
expressed interest in the property. Inspector Franco hand delivered notice of this meeting to a
resident of the house who was older than 15.
Member Schultz 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 August 8, 2012 or a fine of $100 per day
be imposed.
Assistant City Attorney Soto submitted composite exhibits.
Based on concerns regarding problems with this property, it was recommended that a
higher fine would be appropriate.
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before August 8, 2012. If the Respondent does not comply within the time
specified, the Board may order a fine of $250 per day for each day the violation continues to
exist. The motion was duly seconded.
In response to a question, Attorney for the Board Andy Salzman said the order will be
mailed to the property and the City will post the property. If information regarding the estate is
found, the City will notice the estate.
Upon the vote being taken, the motion carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on July 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 property has
broken windows and glass missing from a sliding door. 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.C.1, 3-1502.C.3, and 3-1502.C.4
as referred in the Affidavit in this case.
ORDER
Code Enforcement 2012-07-25 12
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 8, 2012. If Respondent(s)
does/do not comply within the time specified, the Board may order a fine of $250.00 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
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 July 2012, at Clearwater, Pinellas County, Florida.
4. UNFINISHED BUSINESS
4.1 Case 11-12 Affidavit of Compliance
Torey D. Taylor
1118 Palm Bluff Street
Landscape Cover – Franco
4.2 Case 25-12 Affidavit of Non-Compliance
Woody’s Funeral Home, Inc.
800 S Martin Luther King Jr. Avenue
Business Tax Receipt/Delinquent Business Tax Receipt - McMahan
Member Schultz moved to accept the Affidavit of Compliance for Case 11-12 and to
accept the Affidavit of Non-Compliance and issue the Order imposing a fine for Case 25-12.
The motion was duly seconded and carried unanimously.
5. NEW BUSINESS
5.1 Case 06-12 – Request for Fine Reduction
Dimitrios Kapetanopoulos
705 Court Street
Exterior Surfaces – Schaar
Code Enforcement 2012-07-25 13
Brian Aungst, representative for property owner Dimitrios Kapetanopoulos, said he was
being proactive by addressing the MCEB regarding this property. He said Mr. Kapetanopoulos
has been preoccupied lately with issues related to the recent death of his father. Mr. Aungst
reviewed property owner efforts to comply with Code, and reported that the property was
contracted for sale in June, with closing in December; the building will be razed and the property
redeveloped with a drugstore. He expressed concern that the $18,600 fine is accruing and will
increase significantly by closing. He requested the MCEB waive the fine and schedule a status
check for November for an update regarding sale of the property. He said the property owner
had sent contractors to clean the property and will maintain it until the sale is final.
Inspector Shelby Schaar said the property is not in compliance. In June, the City again
had to abate a nuisance on the property. Accruing fines are subject to administrative costs.
Attorney Salzman reviewed options the board could take, including noticing the property owner
that the property needs to be maintained until closing occurs. Attorney Soto stated that closing
is not guaranteed.
Attorney Aungst was thanked for updating the board. It was noted that nearby
properties have similar contracts for the same project; architectural renderings have been
produced.
Member Schultz moved to continue Case 06-12 to October 24, 2012 for a Status Check.
The motion was duly seconded and carried unanimously.
5.2 Case 45-07 – Request for Fine Reduction
John W. Gray
204 Pennsylvania Avenue
Inoperative Vehicle & Lot Clearing Violation - Collins
Rebecca Dempsey said her son had inherited the subject property from his father, John
W. Gray, who passed away last March. She said Mr. Gray had inherited the house from his
grandmother but did not take care of the property due to mental health and medical issues,
which included a hoarding disorder. She said his brother had paid the property taxes.
Inspector Peggy Franco said although the exterior was cleared, the house’s exterior
surfaces, groundcover, and fence remain out of compliance. She reviewed steps necessary to
bring the property into compliance. The City has received a significant number of complaints
regarding the property’s condition.
Ms. Dempsey said they are working step by step to meet compliance and reviewed
efforts to remove items from the property. She was shocked by the size of the accruing fines.
She felt the house will need to be razed and could be redeveloped with multi-family units.
It was stated the MCEB cannot reduce fines until the property meets compliance. It was
noted that fines cannot exceed the property’s value. Discussion ensued regarding suggested
ways to meet compliance. It was recommended that the MCEB take no action today and for
Ms. Dempsey to reapply for a fine reduction once the property meets compliance.
Consensus was for the MCEB to take no action.
Code Enforcement 2012-07-25 14
6. NUISANCE ABATEMENT LIEN FILINGS
Reginaldo Quiroz PNU2012-00387
1655 Palmetto Street
11-29-15-00903-000-0580 $430.99
Floriberto & Maria Ofelia Gonzalez PNU2012-00406
1121 N Saturn Avenue
11-29-15-39222-046-0100 $329.62
Peters Clearwater 1180 PNU2012-00440
1180 Cleveland Street
15-29-15-30798-000-0040 $269.25
Theresa E. Robinette PNU2012-00464
1576 Logan Street
02-29-15-39186-0450-0060 $370.40
David J. Heitzman PNU2012-00470
1222 Everglades Avenue
19-29-16-92340-006-0050 $338.83
Rose M. Harris PNU2012-00532
1006 Metto Street
10-29-15-55908-000-0040 $200.00
Member Carothers moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
ITEMS NOT ON THE AGENDA
In response to a question, Attorney Salzman said it is human nature to offer advice to
people regarding ways to meet compliance. He suggested that Respondents contact the City
regarding steps necessary to comply with the Code.
7. ADJOURN
The meeting adjourned at 3:22 p.m.
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Code Enforcement 2012-07-25 v .. ,- 15