04/24/2013
MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 24, 2013
Present: Duane Schultz Chair
James E. Strickland Vice-Chair
Michael Boutzoukas Board Member
Sheila Cole Board Member
Sue A. Johnson Board Member
Michael J. Riordon Board Member
Wayne Carothers Board Member
Also Present: 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 – March 27, 2013
Member Boutzoukas moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of March 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 10-13
Raymond P. Cassano
635 Cleveland Street
Graffiti – Schaar
No one was present to represent the owner.
Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was
issued on January 22, 2013, following the first inspection. Violations at 635 Cleveland Street
relate to graffiti on the rear of the building. Property photographs on January 7, 2013 showed
several graffiti markings on the rear of the building. Property photographs on March 5 and April
22, 2013 showed no change. In response to a question, Inspector Schaar said in March she
Code Enforcement 2013-04-24 1
spoke with the property owner of record who denied ownership of the property and indicated the
property is going into foreclosure. The commercial property is vacant.
Member Cole moved to find the Respondent 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 Schaar recommended compliance by April 29, 2013 or a fine of $150 per day
be imposed.
Assistant City Attorney Camilo Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order requiring the Respondent to correct the
violation on or before April 29, 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 April 24,
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 exterior walls are
marked with graffiti. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
3-1504
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 April 29, 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 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
Code Enforcement 2013-04-24 2
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 24th day of April 2013, at Clearwater, Pinellas County, Florida.
3.2 Case 11-13 - Withdrawn
C & K of Safety Harbor LLC
2862 Gulf-to-Bay Boulevard
Graffiti – Espinosa
Staff reported that Case 11-13 was withdrawn.
3.3 Case 12-13
Britta Kolar
1742 Sunset Drive
Docks/Exterior Surfaces/Doors & Windows – Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were
issued on January 14, 2013, following the first inspection. The three violations at 1742 Sunset
Drive relate to exterior surfaces with peeling paint, mold, and mildew, a broken window, and a
dock in disrepair. Property photographs on February 27, 2013 showed peeling paint and mold
and mildew on exterior surfaces, a broken window, and an unsafe dock with missing boards.
Inspector Franco said the property owner had not responded to her voice mail.
Member Carothers moved to find the Respondent 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 Franco recommended compliance by May 27, 2013 or a fine of $100 per day
per violation be imposed. In response to questions, she said no one lives in the house, which is
deteriorating; items belonging to the previous owners are inside. Neighbors who care for the
yard reported the previous owners had passed away and their adoptive daughter inherited the
property but has no interest in it. It appears the property owner is in the military and stationed in
Texas.
Discussion ensued regarding the Soldier Relief Act. It was requested that staff schedule
a Status Check on May 22, 2013 and report on the property owner’s military standing and if the
Soldier Relief Act impacts this case.
Attorney Soto submitted composite exhibits.
Code Enforcement 2013-04-24 3
Member Boutzoukas moved to enter an order requiring the Respondent to correct the
violations on or before May 27, 2013 and that a Status Check be scheduled for May 22, 2013. 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 April 24,
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 exterior surfaces
have mold, mildew, and peeling paint, a window is broken, and the dock is in disrepair. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
3-601.D.2.b, 3-1502.B, 3-1502.C.1, 3-1502.C.3, & 3-1502.C.4
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 May 27, 2013. 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 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.
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 2013-04-24 4
DONE AND ORDERED
this 24th day of April 2013, at Clearwater, Pinellas County, Florida.
3.4 Case 13-13
Buster Simon
1159 Engman 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 May 29, 2012, following the first inspection. Violations at 1159 Engman Street relate
to exterior surfaces. Property photographs on January 8, 2013 showed chipping paint, mildew,
and dirt on exterior surfaces. Property photographs on April 11, 2013 showed no changes had
occurred. She has not seen anyone at the property but items have been moved.
Member Riordon moved to find the Respondent(s) 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 Franco recommended compliance by May 27, 2013 or a fine of $100 per day
be imposed. She has had no conversations with the property owner but did receive a signed
receipt for the notice of violation sent via certified mail.
Attorney Soto submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent to correct the violation
on or before May 27, 2013. 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 April 24,
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 exterior surfaces
have chipping paint and mildew. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
3-1502.B
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 May 27, 2013. If Respondent(s)
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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.
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 24th day of April 2013, at Clearwater, Pinellas County, Florida.
3.5 Case 14-13
Paul Danley III
1559 Union Street
Exterior Storage/Exterior Surfaces/Dev Code Violation/Roof Maint./Doors & Windows/
Lot Clearing – Phillips
No one was present to represent the owner.
Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were
issued on March 7, 2013, following the first inspection. The six violations at 1559 Union Street
relate to exterior storage, door and window openings, lot clearing, roof maintenance, exterior
surfaces, and keeping certain animals in violation of the Development Code. Property
photographs on August 21, 2012 showed several turtles in the yard, cages and turtle pens,
exterior storage of cages, a mattress, clothes, and an accumulation of trash, mounds of yard
debris, rotting fascia with holes, a broken window, a rotted door replaced with a sheet, broken
garage doors, mildew on exterior surfaces, overgrowth, and debris on the roof and holes in the
roof. Animal Control was contacted. She said yesterday the turtles were not in the yard and the
pens were destroyed. She said the property owner, who was aware of the turtles in August
2012, said he is trying to evict the tenant. He said a contract to sell the property had fallen
through last fall.
Member Boutzoukas moved to find the Respondent 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.
Code Enforcement 2013-04-24 6
Inspector Philips recommended compliance by June 24, 2013 or a fine of $100 per day
per violation be imposed.
Attorney Soto submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the
violations on or before June 24, 2013. 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 April 24,
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 turtles were kept in
the back yard where there is exterior storage of clothes, a mattress, cages, and accumulation of
trash, and is a public nuisance due to overgrowth and mounds of yard debris, the fascia is
rotting and has holes, the roof has holes, a window is broken, a door was replaced with a length
of cloth, the garage doors are broken, and exterior surfaces have mildew. The Respondent(s)
was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
3-1502.G.1, 3-1502.G.2, 3-913, 3-1502.B, 1-104.B, 3-1502 D. 1, 3-1502.D.3,
Code Section(s)
3-1502.D.5, 3-1502.C.1, 3-1502.C.3, 3-1502.C.4, 3-1503.B.7, & 3-1503.A
, 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 24, 2013. 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 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 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 2013-04-24 7
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 24th day of April 2013, at Clearwater, Pinellas County, Florida.
3.6 Case 15-13 – Cont’d to May 22, 2013
World United Investments LLC
1501 Farrier Trl.
Exterior Surfaces – Fletcher
Case 15-13 was continued automatically to May 22, 2013
3.7 Case 16-13 – Cont’d to May 22, 2013
Casey Simmons
612 S Hillcrest Avenue
Public Health, Safety or Welfare Nuisance – Anderson
Case 16-13 was continued automatically to May 22, 2013
4. UNFINISHED BUSINESS
4.1 Case 57-12 Affidavit of Compliance
Michael & Laura Holzwarth
303 N Highland Avenue
Exterior Surfaces - Phillips
Member Johnson moved to accept the Affidavit of Compliance for Case 57-12. The
motion was duly seconded and carried unanimously.
5. NEW BUSINESS:
5.1 Adopt updates to Board Rules & Regulations
Member Cole moved that the Municipal Code Enforcement Board adopts the updates to
the Board Rules & Regulations. The motion was duly seconded and carried unanimously.
6. NUISANCE ABATEMENT LIEN FILINGS
Mildred Mc Fadden PNU2012-02043
1485 S. Washington Avenue
22-29-15-37602-003-0050 $269.25
Code Enforcement 2013-04-24 8
Jeanette Rolle & Doris Moore PNU2012-02191
1118 La Salle Street
10-29-15-33552-005-0420 $466.00
Raymond Herie PNU2012-02048
1201 N Garden Avenue
09-29-15-65466-000-0191 $380.25
Victoria Morton PNU2013-00002
1419 Union Street
02-29-15-88182-000-0680 $712.00
Victoria Morton PNU2012-02181
1419 Union Street
02-29-15-88182-000-0680 $519.41
Eddie Mc Cants Est. PNU2012-01916
1126 La Salle Street
10-29-15-33552-005-0460 $370.76
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
ITEMS NOT ON THE AGENDA
It was indicated that today is Professional's Day and staff was thanked for the terrific job
they do.
It was reported that the City of Tampa broadcasts a video with introductory information
at the beginning of Code Board meetings.
Consensus was for staff to look into adopting that procedure for Clearwater's Municipal
Code Enforcement Board meetings.
7. ADJOURN:
The meeting adjourned at 2:08 p.m.
Chair
Municipal Code Enforcement Board
Attest:
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Code Enforcement 2013-04-24 9