07/24/2013 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
July 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: 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 — June 26, 2013
Member Johnson moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of June 26, 2013, as submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None.
4. PUBLIC HEARINGS
4.1 Case 30-13
Housh Ghovaee
300 S Belcher Road
Graffiti Prohibited/Exterior Surfaces— Schaar
No one was present to represent the owner.
Inspector Shelby Schaar provided a PowerPoint presentation. Notices of violation were
issued on May 8 and 28, 2013, following the first inspection. Violations at 300 S. Belcher Road
relate to graffiti and exterior surfaces. Property photographs on April 17, 2012 showed exterior
surfaces with graffiti on the rear, side, and front of the building and mismatched paint. Property
Code Enforcement 2013-07-24 1
photographs on June 28, 2013 showed no corrective action had occurred and mildew was
visible. Property photographs on July 5, 2013, showed paint remained mismatched on exterior
surfaces and graffiti was painted over, although a shadow of the graffiti on the building's north
side remains noticeable. An active business operates in this highly visible building on a major
City road. No corrective actions were done for more than a year, but recently the property
owner made minor concessions to bring the building into compliance. Area graffiti activity has
diminished.
No member of the public wished to speak on this issue.
Member Riordon 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 Schaar said the graffiti violation had been corrected and she requested a
declaration of violation. She recommended compliance for the mismatched paint and mildewed
exterior surface by August 8, 2013, or a fine of$200 per day be imposed. At a meeting with the
owner, scheduled for July 29, 2013, Inspector Schaar will advise him of today's board rulings
and corrective actions necessary to meet compliance.
No member of the public wished to speak on this issue.
Assistant City Attorney Camilo Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order requiring the Respondent to correct the
violation related to mismatched paint and mildew on exterior surfaces on or before August 8,
2013. If the Respondent does not comply within the time specified, the Board may order a fine
of$200 per day for each day the violation continues to exist and to enter an order that no fine
be imposed against the Respondent for the violation related to graffiti. If the Respondent
repeats the violation related to graffiti, the Board may order a fine of up to $500 for each day the
graffiti 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 July 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 are
mildewed and have mismatched and fading paint, with graffiti bleeding through. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
Code Section(s) 3-1502.113, as referred in the Affidavit in this case.
Code Enforcement 2013-07-24 2
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 8, 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 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.
DONE AND ORDERED this 24th day of July 2013, at Clearwater, Pinellas County, Florida.
AND
This case came before the City of Clearwater Code Enforcement Board on July 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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition related to
graffiti 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(s) 3-1504 as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2013-07-24 3
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 violations referenced herein, the
Board may order the Respondent(s) to pay a fine up to $500.00 for each day each violation
exists after the Respondent(s) is/are notified of the repeat violations. Should the violations
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 24th day of July 2013, at Clearwater, Pinellas County, Florida.
4.2 Case 31-13
Elijah Jones Jr.
1312 Woodbine Street
Home Occupation — Marked Vehicle/Res Grass Parking/Hauling Trailer— Franco
Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were
issued on May 8 and 28, 2013, following the first inspection. Violations at 1312 Woodbine
Street relate to a truck with advertising for the home business in the driveway, a vehicle on the
lawn, and an unscreened hauling trailer between the house and right-of-way. Property
photographs on May 24 and June 11, 2013 showed a truck with advertising for the home
business parked in the driveway, a trailer with a boat parked on the lawn, and a hauling trailer
parked in the driveway between the house and right-of-way without required screening.
Property owner Elijah Jones Jr. admitted to the violations, indicating that his son lives in
the house and the violations have been corrected.
Michael Jones said time had slipped by after he received notice of the violations and
spoke with Inspector Franco. He said he made the corrections as soon as he understood them
but did not feel they should be violations. He said the Code is not written in layman's terms and
said he felt it was entrapment and the City's fault that the Code is difficult to understand.
No other member of the public wished to speak on this issue.
Member Riordon 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 2013-07-24 4
Inspector Franco said the violations have been corrected and requested a declaration of
violation. In response to questions, she reviewed Code requirements for business signage on
vehicles, and boat and hauling trailer storage on residential properties.
Elijah Jones Jr. said he had thought the sign on the truck was allowed, the boat was
legally parked, and the hauling trailer was permitted, as it was backed into the driveway.
No member of the public wished to speak on this issue.
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
$500.00 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 July 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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident conditions existed related to
a truck with advertising for the home business parked in the driveway, a vehicle parked on the
lawn, and an unscreened hauling trailer parked in the driveway between the house and right-of-
way, however, it is further evident these conditions were corrected prior to this hearing. The
Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of the City of Clearwater Community
Development Code Section(s) 3-1102.A.7, 3-1407.A.5, 3-1407.A.2.c, and 3-1407.A.3.c as
referred to in the Affidavit in this case.
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 violations referenced herein, the
Board may order the Respondent(s) to pay a fine up to $500.00 for each day each violation
exists after the Respondent(s) is/are notified of the repeat violations. Should the violations
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
Code Enforcement 2013-07-24 5
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 July 2013, at Clearwater, Pinellas County, Florida.
4.3 Case 32-13
Andrew Jordan Jr.
Jordan, Irene E. Est.
1353 Overlea Street
Door &Window Openings— Franco
Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were
issued on March 20 and May 17, 2013, following the first inspection. The violation at 1353
Overlea Street relates to a boarded window and glass slats missing from jalousie windows.
Property photographs on May 20, June 11, and July 12, 2013 showed the house's front window
is boarded and glass slats are missing from several jalousie windows.
Joint property owner Andrew Jordan Jr. admitted to the violation.
No member of the public wished to speak on this issue.
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.
Inspector Franco recommended compliance by August 23, 2013, or a fine of$100 per
day be imposed. She said special circumstances exist.
Andrew Jordan Jr. said he learned several days ago about the violation and today's
meeting. He said his mother passed away in 1985 and left the house to her 9 children; the
property did not go through probate. He said several of his siblings subsequently have died,
including his sister who previously oversaw maintenance of the house. He said another sister
and her son, who have mental disabilities, live in the house. He said he is struggling with
personal health issues and requested 60 days so that his sister can pay for the window, which
has been ordered. He said only one of his siblings works and none can help pay for
maintenance.
Inspector Franco did not object to the time extension. She reported she must be
accompanied by a Police Officer when she visits the property due to the occupant's mental
health issues. She said family help is needed to help bring the property into compliance.
Code Enforcement 2013-07-24 6
In response to a concern, Attorney Soto said the property owners were properly noticed
regarding the violation and today's meeting.
No member of the public wished to speak on this issue.
Attorney Soto submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the
violation on or before September 23, 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 July 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 the front window is
boarded and glass slats are missing from jalousie windows. The Respondent(s) was/were
present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
Code Section(s) 3-1502.C.1, 3-1502.C.3, & 3-1502.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 23, 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 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.
Code Enforcement 2013-07-24 7
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 July 2013, at Clearwater, Pinellas County, Florida.
4.4 Case 33-13
Chuck Williams
1431 Carlos Avenue
Residential Grass Parking — Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was
issued on April 18, 2013, following the first inspection. The violation at 1431 Carlos Avenue
relates to vehicles parked on the grass in a residential neighborhood. Property photographs on
May 24, 2013 showed one vehicle parked in the middle of the front lawn. Property photographs
on June 7, 2013, showed two vehicles parked on the front lawn. Ms. Franco reported today a
vehicle with its hood open is parked at an angle on the property's grass.
No member of the public wished to speak on this issue.
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 Franco recommended compliance by August 1, 2013, or a fine of$100 per day
be imposed. In response to a question, she said the property is not homesteaded and she has
not heard from the property owner; she did have contact with two women on the property. The
certified mail was returned unclaimed; a resident at the property signed for the Affidavit of
Service on May 6, 2013. Attorney Soto said the property owner was properly noticed regarding
the violation and today's meeting.
No member of the public wished to speak on this issue.
Attorney Soto submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before August 1, 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 July 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:
Code Enforcement 2013-07-24 8
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that vehicles were parked
on the grass. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
Code Section(s) 3-1407.A.5, 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 1, 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
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 July 2013, at Clearwater, Pinellas County, Florida.
4.5 Case 34-13 -WITHDRAWN
Carol A. Roberts
1430 S Hillcrest Avenue
Permit Required — Swinton
Case 34-13 was withdrawn.
4.6 Case 35-13
Wrobel Industries Inc. Tre
Ferruggia Family Trust#1927
1927 N. Highland Avenue
Code Enforcement 2013-07-24 9
Exterior Surfaces/Door &Window Openings/Roof Maintenance - Phillips
No one was present to represent the owners.
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was
issued on April 4, 2013, following the first inspection. Violations at 1927 N. Highland Avenue
relate to exterior surfaces, boarded windows, and roof maintenance. Property photographs on
April 3, 2012 showed that exterior surfaces are mildewed and have peeling and failing paint,
many windows are boarded, and vegetation is growing out of the roof.
No member of the public wished to speak on this issue.
Member Jonson 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 Phillips recommended compliance by September 2, 2013, or a fine of$100 per
day per violation be imposed. She has received one call from a neighbor regarding the property
but has had no contact with the property owners.
No member of the public wished to speak on this issue.
Attorney Soto submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the
violation on or before September 2, 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 July 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 are
mildewed and have peeling and failing paint, many windows are boarded, and vegetation is
growing out of the roof. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development
Code Section(s) 3-1502.113, 3-1502.C.1, 3-1502.C.3, 3-1502.C.4, 3-1502.D.1 & 3-1502.D.3, as
referred in the Affidavit in this case.
ORDER
Code Enforcement 2013-07-24 10
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 2, 2013. 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 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 July 2013, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 18-13 —Affidavit of Compliance
Goodkids Village Inc.
2881 Gulf-to-Bay Boulevard
Signage w/o Permits—Weaver
5.2 Case 22-13 —Affidavit of Compliance
Jose & Josefina Rodriguez
600 Vine Avenue
Exterior Surfaces - Franco
Member Johnson moved to accept the Affidavits of Compliance for Cases 18-13 and 22-
13. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS:
6.1 Case 26-12 - Fine Reduction Request
First M Corp. Defined Benefit Pension Plan & Trust
Minkoff, Sue & David Tre
708 Chestnut Street
Exterior Surfaces -Weaver
Code Enforcement 2013-07-24 11
No one was present to represent the owners.
Inspector Mary Jo Weaver said the property was brought into compliance on April 23,
2013. Staff supports a reduction to the fine, which totals $11,000. Administration costs are
$1,667.30. In response to a question regarding the property owners' request for a fine
reduction, Inspector Weaver said she never was aware that the property owners did not
understand that the property was subject to a fine when they did not bring the property into
compliance by the deadline imposed by the board.
Discussion ensued with comments that Ms. Minkoff had appeared before the board
twice, accompanied by engineers associated with a proposal to develop the property. It was
suggested that the delay in meeting compliance was not intentional and the property owners
have the means to pay administration costs.
No member of the public wished to speak on this issue.
Member Riordon moved to enter an order reducing the fine for Case 26-12 to
administration costs of$1,667.30, payable within 30 days or the lien will revert to its original
amount. The motion was duly seconded and carried unanimously.
The Municipal Code Enforcement Board has considered the Respondents' request for
reconsideration of fine at a hearing held on July 24, 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 March 27, 2013, as recorded in O.R. Book 18025, Pages 414 -415, of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,667.30 payable to
the Petitioner by August 23, 2013. If the reduced fine is not paid within the time specified in this
Order, a lien in the original amount of$11,000.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 24th day of July 2013, at Clearwater, Pinellas County, Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
Javier Garcia PNU2013-00378
211 S Highland Avenue
14-29-15-18972-001-0110 $746.00
Curtis McAffee & Lily McCoy PNU2013-00085
404 Blanche B Littlejohn Trl.
09-29-15-37422-002-0080 $324.91
Code Enforcement 2013-07-24 12
Chow, Bih S Est.
201 S San Remo Avenue
14- 29 -15- 10476- 004 -0150
PNU2013 -00208
$360.95
Kristina Coleman
PNU2013 -00563
118 N. Hillcrest Avenue
15- 29 -15- 22464- 000 -0020
$435.00
Okuboye Julius AMD REV LIV Trust
PNU2011 -02031
605 Marshall Street
10- 29 -15- 61740- 002 -0050
$200.00
Angeliki Kiriazis
PNU2012 -02145
1018 Sunnydale Drive
03- 29 -15- 86778 - 000 -0380
$200.00
Victor M. Ulloa
PNU2012 -00989
1364 Overlea Street
10- 29 -15- 69066 - 004 -0100
$200.00
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
ITEMS NOT ON THE AGENDA
Attorney for the Board Andy Salzman said the procedure for red light camera appeals
will be the same as for Public Hearings. If the board denies the appeal, the minimum fine will be
$158 plus the board will determine the amount of additional administration costs to impose, up
to $250. If necessary, the board may enforce its time limits for hearings.
8. ADJOURN:
The meeting adjourned at 2:35 p.m.
Chair
Municipal Code Enforcement Board
Code Enforcement 2013 -07 -24 13