08/22/2012
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
August 22, 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 Vice-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 – July 25, 2012
Member Strickland moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of July 25, 2012, as submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
3. PUBLIC HEARINGS
3.1 Case 34-12 – Continued from 7/25/12 – Continued to 9/26/12
Josee Goudreault & Dana T. Redd
1825 Venetian Point Drive
Fences & Walls – Franco
Case 34-12 was continued to September 26, 2012.
3.2 Case 37-12
William Mickle, Jr.
1496 S Missouri Avenue
Abandoned Signs/Non-Conforming Signs – Weaver
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Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation
was issued to the current property owner on June 4, 2012, following inspection. The Violation at
1496 S Missouri Avenue relates to the abandoned non-conforming sign. Property photographs
on April 6 and August 9, 2012 showed the abandoned non-conforming sign.
Property owner William Mickle, Jr. said he had purchased the property three months
ago; the seller did not advise him of the pending violation. He said he cannot afford to remove
the sign and expressed concern he would be responsible for repairs if removal damages the
City’s sidewalk. He said a new tenant wants to use the sign.
Inspector Weaver said the City had issued a Notice of Violation to the previous owner on
April 9, 2012. The BTR (Business Tax Receipt) lapsed five years ago. The current sign is taller
and the sign face is larger than allowed by Code.
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.
In response to a question, Assistant City Attorney Camilo Soto said failure to inform the
new owner regarding the violation is a private issue between the buyer and seller.
Concerns were expressed regarding the timeline of City actions and the property
owner’s unplanned expense. Attorney Soto said timing of the notification of violation has no
bearing on the fact that the sign does not comply with Code. It was stated that purchasers of
commercial property in Clearwater are responsible for their due diligence.
Upon the vote being taken, the motion carried unanimously.
Inspector Franco recommended compliance by September 22, 2012 or a fine of $100
per day be imposed.
Mr. Mickle requested 60 days to comply. In response to a question, Inspector Franco
said the sign was approved under the previous Code. It was recommended that Mr. Mickle
work with staff regarding compliance.
Attorney Soto submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the
violation on or before October 22, 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. Members Cole, Strickland, Johnson, Riordon and Vice-
Chair Schultz voted “Aye”; Member Carothers voted “Nay.” Motion carried.
This case came before the City of Clearwater Code Enforcement Board on August 22,
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
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Based upon the testimony and evidence received, it is evident that the property has an
abandoned, non-conforming sign. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
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 October 22, 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 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 22nd day of August 2012, at Clearwater, Pinellas County,
Florida.
3.3 Case 38-12 – CANCELLED/Complied Prior
George V. Tagaras
2380 NE Coachman Road
Freestanding Signage-Area/Signage without Permits – Weaver
3.4 Case 39-12 – CANCELLED/Complied Prior
Nabil S. Thomas
702 Drew Street
Attached signs in Non-Residential Districts/Signage without Permits – Weaver
3.5 Case 40-12
Paula Charles Est.
713 Karlyn Drive
Public Health, Safety or Welfare Nuisance/Door & Window Openings - Phillips
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No one was present to represent the owner.
Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were
issued on July 5 and 30, 2012, following the first inspection. Violations at 713 Karlyn Drive
relate to an unmaintained swimming pool and boarded windows and doors facing the public
rights-of-way. Property photographs on July 29, 2012 showed the home’s windows and garage
door facing the public rights-of-way were boarded and the bottom of the swimming pool could
not be seen through cloudy water. The pool is fenced. She recommended compliance by
September 22, 2012 or a fine of $100 per day per violation be imposed.
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.
Attorney Soto submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before September 22, 2012. If the Respondent does not comply within the time
specified, the Board may order a fine of $100 per day per violation for each day each violation
continues to exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on August 22,
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 front windows
and garage door are boarded and the swimming pool is untended. 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)
1503.B.5 and 3-1502.C.1, 3-1502.C.3, and 3-1052.C.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 September 22, 2012. If
Respondent(s) does/do not comply within the time specified, the Board may order a fine of
$100.00 per day per violation for each day each violation continues to exist. Upon complying
with said Section(s) of the Code, the Respondent(s) shall notify Inspector Julie Phillips, 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
Code Enforcement 2012-08-22 4
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 22nd day of August 2012, at Clearwater, Pinellas County,
Florida.
4. UNFINISHED BUSINESS
4.1 Case 17-12 Affidavit of Non-Compliance
LOM Inc.
311 S. Gulfview Blvd.
Banners & Flags/Attached Signs/Signage w/o Permit/Window Signs – Weaver
4.2 Case 36-12 Affidavit of Non-Compliance
Willie B. Holmes
505 N. Garden Avenue
Door & Window Openings - Franco
Member Cole moved to accept the Affidavits of Non-Compliance and issue the Orders
imposing fines for Cases 17-12 and 36-12. The motion was duly seconded and carried
unanimously.
5. NEW BUSINESS: None.
6. NUISANCE ABATEMENT LIEN FILINGS:
Nashide Morina PNU2012-00492
3013 St. Croix Drive
04-29-16-78581-011-0080 $200.00
Josephine C. Thornlow Tre PNU2012-00504
3001 St. Croix Drive
04-29-16-78581-011-0110 $200.00
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
Code Enforcement 2012-08-22 5
ITEMS NOT ON THE AGENDA
It was recommended that board members take the opportunity to ride along with a Code
Inspector.
7. ADJOURN:
The meeting adjourned at 1:58 p.m.
Chair
Municipal Code Enfo cement Board
Attest:
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