01/23/2013
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
January 23, 2013
Present: Michael Boutzoukas Chair
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
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 MINUTES – December 19, 2012
Member Schultz moved to approve the minutes of the regular Municipal Code Enforcement
Board meeting of December 19, 2012, as submitted in written summation to each board member.
The motion was duly seconded and carried unanimously.
3. PUBLIC HEARINGS
3.1 Case 01-13
Federal Asset Mgmt LLC
696 Snug Isl
Roof Maintenance/Clean Roof – O’Neil
No one was present to represent the owner.
Inspector Corey O’Neil provided a PowerPoint presentation. A Notice of Violation was
issued on August 29, 2012, following the first inspection. Violations at 696 Snug Island relate to
roof maintenance. Property photographs on August 28 and December 5, 2012 showed two tarps
covering portions of the roof to stop leaks. Property photographs on January 22, 2013 showed a
blue tarp covering a portion of the roof. Inspector O’Neil said he had spoken to the tenant but the
property owner had not responded to any efforts to communicate.
Code Enforcement 2013-01-23 1
Member Schultz 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 O’Neil recommended compliance by February 22, 2013 or a fine of $150 per day
per violation be imposed.
Member Riordon moved to enter an order requiring the Respondent to correct the violation
on or before February 22, 2013. If the Respondent does not comply within the time specified, the
Board may order a fine of $150 per day per violation for each day each 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 January 23,
2013, 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 a portion of the roof is
covered by tarp and requires repair. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
3-1502.D.1
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s)
& 3-1502.D.3
, 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 22, 2013. 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 Corey O’Neil, 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 2013-01-23 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 23rd day of January 2013, at Clearwater, Pinellas County, Florida.
3.2 Case 02-13
Federal Asset Mgmt LLC
696 Snug Isl
Docks– O’Neil
No one was present to represent the owner.
Inspector Corey O’Neil provided a PowerPoint presentation. A Notice of Violation was
issued on July 2, 2012, following the first inspection. Violations at 696 Snug Island relate to a dock
in disrepair. Property photographs on June 27, August 28, and December 5, 2012 showed the
leaning dock with its corner underwater and an electrical outlet near the water line. Property
photographs on January 22, 2013 showed the leaning dock with its corner underwater, an
electrical outlet near the water line, and buckling wood on the dock structure. While the previous
owner had begun repair work, the current owner has made no such effort. The property owner did
not respond to any staff efforts to communicate. The tenant indicated he did not allow his children
on the dock.
Member Strickland moved to find the Respondent(s) in violation of the City of Clearwater
Development Code as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector O’Neil recommended compliance by February 22, 2013 or a fine of $150 per day
per violation be imposed.
It was felt the fine should be higher as the dock poses a serious safety hazard for children
living on the property.
Member Shultz moved to enter an order requiring the Respondent to correct the violation
on or before February 22, 2013. 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 January 23,
2013, 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 2013-01-23 3
Based upon the testimony and evidence received, it is evident that the dock is leaning, a
corner of the dock is underwater, and wood on the dock is buckling. The Respondent(s) was/were
not present.
CONCLUSIONS OF LAW
3-601.D.2
The Respondent(s) is/are in violation of the City of Clearwater Code Section , 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 22, 2013. 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 Corey O’Neil, 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 23rd day of January 2013, at Clearwater, Pinellas County, Florida.
3.3 Case 03-13 – Continued to February 27, 2013
Sugar Factory LLC
1844 Drew Street
Sign Maintenance - Weaver
Case 03-13 was continued automatically to February 27, 2013.
4. UNFINISHED BUSINESS
4.1 Case 42-12 – Affidavit of Compliance
1504 Garden Inc.
1504 N. Garden Avenue
Exterior Surfaces – Franco
Code Enforcement 2013-01-23 4
4.2 Case 53-12 – Affidavit of Compliance
Charlie Harris Tre
702 N. Martin Luther King Jr. Avenue
Exterior Surfaces – Franco
4.3 Case 54-12 - Affidavit of Compliance
Klaus P. & Margaret J. Hilgers
210 N. Lincoln Avenue
Public Health, Safety or Welfare Nuisance – Franco
4.3b Case 44-12 – Affidavit of Compliance
Mary Margaret Jones
1223 Idlewild Drive
Exterior Storage/Outdoor Display - Franco
4.4 Case 47-12 – Affidavit of Non-Compliance
Eric D. & Renee A. Parks
714 S. Ft. Harrison Avenue
Abandoned Building - Schaar
4.5 Case 50-12 Affidavit of Non-Compliance
Riviera Motel LLC
217 Coronado Drive
Exterior Surfaces – O’Neil
Member Cole moved to accept the Affidavits of Compliance for Cases 42-12, 44-12, 53-12,
and 54-12 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for
Cases 47-12 and 50-12. The motion was duly seconded and carried unanimously.
5. NEW BUSINESS:
5.1 Case 22-12 – Request for Fine Reduction
LOM, Inc.
311 S. Gulfview Boulevard
Sea Turtle Nesting – O’Neil
No one was present to represent the owner.
Inspector O’Neil reviewed the property owner’s request to reduce the fine. He had 8
meetings and 20 telephone calls with the property owner’s representative regarding compliance
issues. The property was out of compliance from August 2011 to October 2012. Code
Compliance Manager Terry Teunis said staff supports reducing the fine to administration costs due
to misunderstandings that had occurred.
Opposition was expressed to reducing the fine as turtle lighting requirements are easily
accessible on the Internet and the property owner delayed compliance until fines began to accrue.
Member Schultz said based on staff’s recommendation he moved to enter an order
reducing the fine for Case 22-12 to administration costs of $1,872.20, payable by February 22,
Code Enforcement 2013-01-23 5
2013, or the lien will revert to its original amount. The motion was duly seconded. Members
Schultz, Cole, Strickland, Johnson, and Carothers, and Chair Boutzoukas voted “Aye”; Member
Riordon voted “Nay.” Motion carried.
The Municipal Code Enforcement Board has considered the Respondent’s request for
reconsideration of fine at a hearing held on January 23, 2013, 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
September 26, 2012, as recorded in O.R. Book 17748, Pages 1319 - 1322, of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of $1,872.20 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 $19,500 shall be recorded in the public
records of Pinellas County, Florida.
DONE AND ORDERED
this 23rd day of January 2013, at Clearwater, Pinellas County, Florida.
5.2 Case 43-12 – Federal Conciliation Agreement
Mary M. Jones
2021 Oakdale Way
Development Code Violation – Franco
Attorney Soto said the City had entered into a Federal Conciliation Agreement with HUD
(Housing & Urban Development) Department. As part of the agreement, the MCEB (Municipal
Code Enforcement Board) is requested to waive the fine and administration costs for Case 43-12.
In the agreement, neither the City nor MCEB admit to wrongdoing or liability. The City has agreed
to modify the City’s Community Development Code to further clarify the definition of a
housekeeping unit, implement policy considerations requested by HUD, and settle the initial
complaint for a minimal amount.
Attorney for the Board Andy Salzman said the MCEB is a party to the initial complaint;
depositions were taken in the matter. The City determined the agreement is the best way to avoid
unnecessary litigation and clarify issues.
The Municipal Code Enforcement Board has considered request for reconsideration of fine
at a hearing held on January 23, 2013, and based upon the evidence presented, enters the
following Findings of Fact, Conclusions of Law, and Order.
It is the Order of this Board that the fine previously imposed in the Order of the Board dated
September 26, 2012, as recorded in O.R. Book 17764, Pages 2603-2605, of the public records of
Pinellas County, Florida, is hereby reduced to $0, conditioned upon the execution of conciliation
agreements by HUD complainants Mary Margaret Jones, Richard Emory, and Freddie Jones and
approval of such conciliation agreements by HUD; otherwise, the fines revert back to the accrued
amount and will continue accruing until the property is brought into compliance. Administrative
costs are also waived.
Code Enforcement 2013-01-23 6
DONE AND ORDERED
this 23rd day of January 2013, at Clearwater, Pinellas County, Florida.
5.3 Election of Chair/Vice-Chair
Member Johnson moved to appoint Duane Schultz as Chair. The motion was duly seconded
and approved by unanimous consent.
Member Cole moved to appoint James Strickland as Vice-Chair. The motion was duly
seconded and approved by unanimous consent.
6. NUISANCE ABATEMENT LIEN FILINGS:
Torin D. Mc Cray PNU2012-00987
1326 Fairmont Street
03-29-15-08370-001-0070 $200.00
Bethel Christian Center Church Inc. PNU2012-01382
1502 N. Martin Luther King Jr. Avenue
10-29-15-61758-002-0081 $283.70
Bethel Christian Center Church Inc. PNU2012-01385
1002 Grant Street
10-29-15-61758-002-0060 $320.95
Henry Jones Est. PNU2012-01595
798 Jurgens Street
10-29-15-00000-230-230-0400 $289.56
Mario A. Chavez PNU2012-01646
1705 N. Highland Avenue
02-29-15-38700-001-0010 $325.00
Marie Dobransky PNU2012-01557
1109 Melonwood Avenue
08-29-16-99103-004-0200 $356.57
Anthony, Ronald, & Lisa Jackson PNU2012-01403
1008 Applewood Drive
08-29-16-99100-008-0230 $200.00
Bethel Christian Center Church Inc. PNU2012-01384
1003 Marshall Street
10-29-15-61758-002-0070 $320.95
Bethel Christian Center Church Inc. PNU2012-01383
1500 N. Martin Luther King Jr. Avenue
10-29-15-61758-002-0080 $283.70
Code Enforcement 2013-01-23 7
Chuck C. Broadhurst PNU2012-01796
1112 Palm Bluff Street
10-29-15-33552-006-0390 $287.08
Patricia De Priest PNU2012-01793
1631 Tuscola Road
23-29-15-76428-000-0280 $200.00
Mary Houle PNU2012-01728
1109 Ridge Avenue
11-29-15-39060-005-0060 $469.50
Pace Tech Properties Inc. PNU2012-01538
507 N. Garden Avenue
09-29-15-37422-002-017Q $341.50
Pace Tech Properties Inc. PNU2012-01537
507 N. Garden Avenue
09-29-15-37422-002-0151 $307.75
Mary J Baker Est. PNU2012-01638
1354 Barry Street
22-29-15-48906-002-0160 $362.39
Urbano 8� Karla R. Rodriguez PNU2Q12-01803
835 Belleair Road
27-29-15-50490-000-0040 $416.00
Otis George PNU2012-01539
Minie Proctor Est.
511 N. Garden Avenue $342.85
09-29-15-37422-002-0181
Tarpon IV LLC PNU2012-01372
801 Howard Street
22-29-15-07938-010-0010 $426.37
Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
7. ADJOURN:
Attest:
.
The meeting adjourned at 2:00 p.m.
for the Boa
Code Enforcement 2013-01-23
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