03/27/2013
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
March 27, 2013
Present: Duane Schultz Chair
Michael Boutzoukas Board Member
Sheila Cole Board Member
Sue A. Johnson Board Member
Michael J. Riordon Board Member
Wayne Carothers Board Member
Absent: James E. Strickland Vice-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 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 – February 27, 2013
Member Johnson moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of February 27, 2013, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3. PUBLIC HEARINGS
3.1 Case 45-12 – Status Check – Cont’d from 11/28/12
David Ganglehoff
400 N. Garden Avenue
Inoperative Vehicle/Maintenance of Abutting Rights-of-Way – Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation with an update on the
property owner’s efforts to remove vessels and trailers from the subject property. Photographs
of 400 N. Garden Avenue taken on November 28, 2012 showed numerous boat trailers and
inoperable boats buried in overgrowth. Property photographs taken on March 22, 2013 showed
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some boat trailers and inoperable boats had been removed. The City is satisfied with progress.
Deadline for full compliance is May 22, 2013.
Assistant City Attorney Camilo Soto submitted composite exhibits.
3.2 Case 06-13
Kevin Welland, Tre
808 Palm Bluff Street
Exterior Surfaces – Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on August 5, 2011, following the first inspection. The violation at 808 Palm Bluff Street
related to exterior surfaces. Property photographs taken on February 15, 2013, showed peeling
paint on exterior surfaces. Property photographs taken on March 21, 2013, showed the
structure had been painted and the violation corrected.
Member Johnson moved to find that the Respondent(s) was in violation of the City of
Clearwater Community Development Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Franco requested the board issue a declaration of violation.
Attorney Soto submitted composite exhibits.
Member Cole moved to enter an order that no fine be imposed against the Respondent.
If the Respondent repeats the violation, the Board may order a fine of up to $500 per day for
each day the violation continues to exist after the Respondent is notified of the repeat violation.
The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on March 27,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition existed;
however, it is further evident this condition was corrected prior to this hearing. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of the City of Clearwater Community
Development Code Section 3-1502.B, as referred to in the Affidavit in this case.
ORDER
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It is the Order of this Board that no fine will be imposed against the Respondent(s). The
Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the
Board may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists
after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the
Board has the authority to impose the fine at that time without a subsequent hearing.
The Respondent may request a rehearing of the decision of the Board, in writing, and
delivered to the City Clerk within ten (10) days of the postmark of the written order. A request
for rehearing shall be based only on the ground that the decision was contrary to the evidence
or that the hearing involved an error on a ruling of law which was fundamental to the board’s
decision. The written request for rehearing shall specify the precise reasons therefor. Upon
receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter;
the Board will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board
to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order to be
appealed or after final disposition of the request for rehearing of the Order to be appealed.
Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record
of the proceedings.
DONE AND ORDERED
this 27th day of March 2013, at Clearwater, Pinellas County,
Florida.
3.3 Case 07-13
VJ706MAPLE LLC
710 Maple Street
Door & Window Openings – Franco
Inspector Peggy Franco provided a PowerPoint presentation. A Notice of Violation was
issued on July 3, 2012, following the first inspection. Violations at 710 Maple Street relate to
windows. Property photographs on July 17, 2012 and March 21, 2013 showed many windows
were boarded, broken, and missing.
Victor Jevtic, registered agent for VJ706MAPLE LLC, admitted to the violation
Member Boutzoukas moved to find the Respondent(s) in violation of the City of
Clearwater Community Development Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Franco recommended compliance by April 24, 2013 or a fine of $150 per day
be imposed.
Mr. Jevtic said 16 window panes were broken during a 2-week period last year and a
window air-conditioner was stolen. He said he repaired 11 windows, but must locate
replacement parts for 5 broken crank mechanisms and bent window frames. He said vandals
continue to target the property; the empty apartment has broken windows and significant interior
damage. He requested 8 weeks to repair the windows and requested permission to keep rear
windows boarded to protect the property until repairs are made and the unit is occupied. In
Code Enforcement 2013-03-27 3
response to a question, he said the Police Department could do little as no one had witnessed
the vandalism.
Attorney Soto said City Code does not permit boarded windows. Inspector Franco said
the building could be secured with an alternative, temporary window treatment with wire mesh.
Code Compliance Manager Terry Teunis said the City did not object to extending the
compliance date.
Attorney Soto submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the
violation on or before May 20, 2013. If the Respondent does not comply within the time
specified, the Board may order a fine of $150 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 March 27,
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 some windows are
boarded and other windows have broken or missing panes. A representative of the
Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
3-1502.C.1, 3-1502.C.3, and 3-1502.C.4
Code Sections , 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 20, 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 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.
The Respondent may request a rehearing of the decision of the Board, in writing, and
delivered to the City Clerk within ten (10) days of the postmark of the written order. A request
for rehearing shall be based only on the ground that the decision was contrary to the evidence
or that the hearing involved an error on a ruling of law which was fundamental to the board’s
decision. The written request for rehearing shall specify the precise reasons therefor. Upon
Code Enforcement 2013-03-27 4
receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter;
the Board will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board
to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order to be
appealed or after final disposition of the request for rehearing of the Order to be appealed.
Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record
of the proceedings.
DONE AND ORDERED
this 27th day of March 2013, at Clearwater, Pinellas County,
Florida.
3.4 Case 08-13
James & Donna Dean
405 S. Comet Avenue
Public Nuisance/Lot Clearing/Fences & Walls/Exterior Storage – Schaar
Inspector Shelby Schaar provided a PowerPoint presentation. A Notice of Violation was
issued on November 29, 2012, following the first inspection. Violations at 405 S. Comet Avenue
relate to a public nuisance, lot clearing, fences, and exterior storage. Property photographs on
March 5, 2013, showed the gate to the fence leaning on the side of the house, deteriorated
fencing, and a large scale accumulation of yard debris, furniture, and trash in the backyard.
Sandy Albanese of Re/Max Realty, representing property owner James Dean, admitted
to the violations. She reported that Donna Dean had passed away.
Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater
Community Development Code as referred to in the affidavit in this case. The motion was duly
seconded and carried unanimously.
Inspector Schaar recommended compliance by April 11, 2013 or a fine of $150 per day
per violation be imposed. In response to a question, she said there was evidence of transient
activity in the back yard.
Ms Albanese said she had been engaged to sell the property and reviewed its history,
noting Mr. Dean is not the mortgage holder but made payments. She said Mr. Dean is ill and
financially unable to clean the property. She said the December closing was delayed until the
lender approves a short sale; purchaser KFC plans to clean the property, raze the house, and
use the property for parking. She said people had used the property as a dump. She said she
requested the bank to fix the gate and secure the property. She requested 90 days to comply.
Discussion ensued with concerns expressed that the property is a nuisance, safety
hazard, and has a horrendous impact on the neighborhood. It was suggested the lender may
be encouraged to respond if a deadline is set for the City to file a lien with accruing fines on the
property, which would make it more difficult to find a buyer. It was felt the lender needs to
understand that delaying compliance could total $450 per day.
Attorney Soto referenced a letter indicating that KFC was willing to clean the property
before closing once a short sale is approved. Attorney Soto submitted composite exhibits.
Code Enforcement 2013-03-27 5
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before April 20, 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.
This case came before the City of Clearwater Code Enforcement Board on March 27,
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 parts of the fence are
missing or deteriorated and in the back yard there is exterior storage, including home
furnishings, and a significantly large accumulation of discarded materials, trash, and brush. A
representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
3-1503.B.1, 3-1503.B.7, 3-808, 3-808.A.1, 3-808.A.3, 3-1502.G.1, & 3-
Code Sections
1502.G.2
, 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 April 20, 2013. If Respondent(s)
does/do not comply within the time specified, the Board may order a fine of $150.00 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 Shelby Schaar, who shall inspect the
property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the
time specified, a certified copy of the Order imposing the fine may be recorded in the Public
Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real
property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and
delivered to the City Clerk within ten (10) days of the postmark of the written order. A request
for rehearing shall be based only on the ground that the decision was contrary to the evidence
or that the hearing involved an error on a ruling of law which was fundamental to the board’s
decision. The written request for rehearing shall specify the precise reasons therefor. Upon
receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter;
the Board will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board
to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order to be
appealed or after final disposition of the request for rehearing of the Order to be appealed.
Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record
of the proceedings.
Code Enforcement 2013-03-27 6
DONE AND ORDERED
this 27th day of March 2013, at Clearwater, Pinellas County,
Florida.
3.5 Case 09-13
Jacinto Castellano
1649 Palmetto Street
Residential Rental Business Tax Receipt - McMahan
No one was present to represent the owner.
Inspector Janet McMahan provided a PowerPoint presentation. A notice of violation was
issued on January 25, 2013, following the first inspection. The violation at 1649 Palmetto Street
relates to an expired residential rental Business Tax Receipt. Photographs taken on January
25, 2013, showed the rental property. Evidence presented indicated various tenants had
obtained utility services for the property since January 2007.
Inspector McMahan reported all delinquent Business Tax Receipt fees were paid on
March 18, 2013; the violation has been corrected.
Member Cole moved to find that the Respondent(s) was in violation of the City of
Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector McMahan requested the board issue a declaration of violation.
Attorney Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order that no fine be imposed against the
Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500
per day for each day the violation continues to exist after the Respondent is notified of the
repeat violation. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Enforcement Board on March 27,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition existed;
however, it is further evident this condition was corrected prior to this hearing. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of the City of Clearwater Code of Ordinances
Section 3-2302, as referred to in the Affidavit in this case.
Code Enforcement 2013-03-27 7
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). The
Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the
Board may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists
after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the
Board has the authority to impose the fine at that time without a subsequent hearing.
The Respondent may request a rehearing of the decision of the Board, in writing, and
delivered to the City Clerk within ten (10) days of the postmark of the written order. A request
for rehearing shall be based only on the ground that the decision was contrary to the evidence
or that the hearing involved an error on a ruling of law which was fundamental to the board’s
decision. The written request for rehearing shall specify the precise reasons therefor. Upon
receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter;
the Board will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board
to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order to be
appealed or after final disposition of the request for rehearing of the Order to be appealed.
Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record
of the proceedings.
DONE AND ORDERED
this 27th day of March 2013, at Clearwater, Pinellas County,
Florida.
4. UNFINISHED BUSINESS
4.1 Case 26-12 Affidavit of Non Compliance
First M Corp Defined Benefit
708 Chestnut Street
Exterior Surfaces - Weaver
4.2 Case 56-12 Affidavit of Non-Compliance
Timothy & Janice Amburgy
2813 Long View Drive
Door & Window Openings – Fletcher
4.3 Case 01-13 Affidavit of Non-Compliance
Federal Asset Mgmt LLC
696 Snug Isl
Roof Maintenance – O’Neil
4.4 Case 02-13 Affidavit of Non-Compliance
Federal Asset Mgmt LLC
696 Snug Isl
Docks – O’Neil
Code Enforcement 2013-03-27 8
4.5 Case 03-13 Affidavit of Compliance
Sugar Factory LLC
1844 Drew Street
Sign Maintenance - Weaver
Member Johnson moved to accept the Affidavit of Compliance for Case 03-13 and to
accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 26-12,
56-12, 01-13, 02-13. The motion was duly seconded and carried unanimously.
5. NEW BUSINESS:
5.1 Distribute updates to Board Rules & Regulations
Secretary to the Board Nicole Sprague reviewed proposed updates. Discussion and
adoption of updates to Board Rules and Regulations will be scheduled for April 24, 2013.
6. NUISANCE ABATEMENT LIEN FILINGS:
Lydia M. Lynch PNU2012-01891
800 Allen Drive
13-29-15-22788-000-0080 $200.00
Lydia M. Lynch PNU2012-01890
800 Allen Drive
13-29-15-22788-000-0080 $369.33
Lee Britt PNU2012-01816
1621 N. Myrtle Avenue
09-29-15-05472-000-0060 $485.39
30 Days Real Estate Corp Tre PNU2012-01804
1140 Palm Bluff Street
10-29-15-33552-006-0520 $381.16
Ryan Weber PNU2012-01268
706 Canterbury Road
13-29-15-57132-000-0020 $200.00
Jonathan & Deborah Dlugose PNU2012-02139
1454 Barry Street
23-29-15-28998-000-1400 $347.95
National Disabled Veteran Business PNU2012-02148
Council
802 Dempsey Street $469.00
21-29-15-47466-002-0050
Code Enforcement 2013-03-27 9
Jeffrey & Zenith Thaler PNU2012-02036
1010-1012 Vine Avenue
10-29-15-45000-003-0070 $268.00
Jeffrey & Zenith Thaler PNU2012-02037
1006-1008 Vine Avenue
10-29-15-45000-003-0070 $312.00
Jeffrey & Zenith Thaler PNU2012-02040
1007-1009 Vine Avenue
10-29-15-45000-004-0010 $534.00
Jeffrey & Zenith Thaler PNU2012-02039
1011-1013 Vine Avenue
10-29-15-45000-004-0010 $212.00
Jeffrey & Zenith Thaler PNU2012-02035
1014-1016 Vine Avenue
10-29-15-45000-003-0010 $342.00
C & L Properties PNU2012-01433
2340 Campbell Road
13-29-15-22530-000-0010 $336.29
Edna & Jose Perez PNU2012-02128
1823 East Drive
02-29-15-73359-000-0130 $397.58
Dustin J. Dean PNU2013-00023
Patricia M. North-Dean
1308 S. Madison Avenue $249.00
22-29-15-48978-003-0150
Kelli S. Schloss PNU2012-02118
1720 Bentley Street
02-29-15-09144-000-2420 $319.15
Kerry East PNU2012-02142
1429 Laura Street
14-29-15-47016-001-0140 $987.00
Gregory Gainer, Eric Gainer, & PNU2012-02047
Rocco Sanders
1205 N. Garden Avenue $320.05
09-29-15-65466-000-0190
Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion
was duly seconded and carried unanimously.
Code Enforcement 2013-03-27 10
ITEMS NOT ON THE AGENDA
In response to a question regarding the federal mandate that overturned Case 43-12,
Attorney for the Board Andy Salzman said the City made certain that board members were
protected; board members are not liable for decisions they make based on City Code.
7. ADJOURN:
The meeting adjourned at 2:33 p.m.
Chair (
Attest: oF THE��r �t Municipal Code Enforcement Board
S-cr-tary for the :oard. ;'gj-
Code Enforcement 2013-03-27 11