08/28/2013 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
August 28, 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: David Rosenbaum 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 and introduction of Sgt. Michael Walek, Nancy Miller, and Rob Surette who reviewed
the City's Red Light Camera program.
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 — July 24, 2013
Member Johnson moved to approve the minutes of the regular Municipal Code
Enforcement Board meeting of July 24, 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 36-13
Daniela & Guido Dilk -WITHDRAWN
1170 Court Street
Freestanding Area/Signage w/o Permits/Sign Setbacks/Signage on Public Property or
ROW -Weaver
Case 36-13 was withdrawn.
Code Enforcement 2013-08-28 1
4.2 Case 37-13
Melvin Spinoza
1632 Drew Street
Lot Clearing/Hauling Trailer/Res Grass Parking/Ext. Surfaces/Ext. Storage/Door&
Window Openings— Phillips
No one was present to represent the owner.
Inspector Julie Phillips provided a PowerPoint presentation. Notices of violations were
issued on May 24 and July 25, 2013, following the first inspection. Six violations at 1632 Drew
Street relate to lot clearing, a hauling trailer, residential grass parking, exterior surfaces, exterior
storage, and doors and window openings. Property photographs on May 24, 2013 showed
boarded windows, mold and mildew on exterior surfaces, an unscreened hauling trailer parked
in the side yard next to the carport, which had visible trash and debris, and debris in the back
and side yards, including toilets, tiles, buckets, a disassembled hot tub, ladder, tires, TVs,
computers, and wood. She said the property owner and tenant indicated they are working to
bring the property into compliance within 30 days.
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 Phillips recommended compliance by September 30, 2013 or a fine of$100
per day per violation 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 September 30, 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 August 28,
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 windows are
boarded, exterior surfaces have mold and mildew, an unscreened hauling trailer is parked in the
side yard next to the carport, which has visible trash and debris, and there is debris in the back
and side yards, including toilets, tiles, buckets, a disassembled hot tub, ladder, tires, TVs,
computers, and wood. 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) 3-1503.113.7, 3-140.A.2.c, 3-1407.A.3.c, 3-1407.A.5, 3-1502.113, 3-1502.G.1, 3-
1502.G.2, & 3-1502.G.3, as referred in the Affidavit in this case.
Code Enforcement 2013-08-28 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 September 30, 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 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
4.3 Case 38-13
Cleo M. Trammell
1016 LaSalle Street
Landscape Cover— Franco
No one was present to represent the owner.
Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were
issued on April 18 and June 18, 2013, following the first inspection. The violation at 1016
LaSalle Street relates to a vacant lot lacking landscape cover. Property photographs on June
18, July 19, and August 16, 2013 showed the vacant lot with bare dirt and no ground cover.
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.
Code Enforcement 2013-08-28 3
Inspector Franco recommended compliance by September 30, 2013 or a fine of$100
per day be imposed. She first contacted the property owner in December 2011, and since then
has been in telephone contact with the owner's nephew, who lives locally.
Attorney Soto submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the
violation on or before September 30, 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 August 28,
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 vacant lot is
covered with bare dirt and lacks a landscape cover. 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) 3-1204.113, 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 30, 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.
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.
Code Enforcement 2013-08-28 4
Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record
of the proceedings.
DONE AND ORDERED this 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
4.4 Case 39-13 -Withdrawn
613 Marshall St. Land Trust
613 Marshall Street
Public Health, Safety or Welfare Nuisance— Crandall
Case 39-13 was withdrawn.
4.5 Case 40-13
Matthew P. Judkin
305 Jasmine Way
Permit Required — Swinton
No one was present to represent the owner.
Inspector Sam Swinton provided a PowerPoint presentation. A notice of violation was
issued on June 11, 2013, following the first inspection. The violation at 305 Jasmine Way
related to a wooden gate installed without a permit. Property photographs on May 9 and July 3,
2013 showed the wooden gate. The property is in compliance.
Member Boutzoukas moved to find the Respondent 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 Swinton requested a declaration of violation
Attorney Soto submitted composite exhibits.
Member Riordon 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 August 28,
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.
Code Enforcement 2013-08-28 5
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Section 4-203.A.1 of the Clearwater
Community Development Code and Sections 47.083 &47.111 of the Clearwater City Code or
Ordinances as referred 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 violation. 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 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
4.6 Case 41-13
Ralph W. Turner& Carol A. Ackerson
1905 Magnolia Drive
Accessory Use/Outdoor Storage— Espinosa
Inspector Nilda Espinosa provided a PowerPoint presentation. Notices of violations
were issued on June 11, 2013, following the first inspection. Violations at 1905 Magnolia Drive
relate to outdoor storage and an accessory use structure on the vacant parcel. She said the
property owner lives on the adjacent lot, which is in the County. The subject lot is vacant except
for a shed and the outdoor storage of a hauling trailer, fencing, and other items. No record was
found of a Unity of Title for the two lots.
Property owner Ralph Turner denied the violation. He submitted a survey of his
property, stating he purchased the property in 1972 and his deed lists the entire property. He
said he permitted City use of the subject property on two occasions without compensation for
creek access. He said in reparation for property damages, a fence was installed and later
flagged by City Code Enforcement for lacking a permit. He said the shed has been in place for
Code Enforcement 2013-08-28 6
43 years and he usually stores his boat on the lot. He said he receives two separate tax bills
because a portion of his property is in the County and a portion is in the City.
Planning Manager Robert Tefft said a Unity of Title for the two properties was not
submitted. While a Unity of Title for properties under separate jurisdictions would not be issued
today, he did not know if that was the case 40 years ago. He said without a Unity of Title, the
shed is an accessory structure not associated with a primary structure on the same lot.
Discussion ensued with suggestions that uses in question may be grandfathered if the
current Unity of Title process and accessory use laws were adopted after the shed was erected
and Mr. Turner purchased the property. it was recommended that the item be continued to
provide staff time to research Code for requirements at the time the shed was erected and the
property was purchased.
Attorney Soto submitted the survey as an exhibit.
Member Boutzoukas moved to continue Case 41-13 to September 25, 2013. The
motion was duly seconded and carried unanimously.
4.7 Case 42-13
Gregory Clark & Marie Wyatt-Clark
1000 N. Garden Avenue
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 May 16, 2013, following the first inspection. The violation at 1000 N. Garden Avenue
relates to a single family house rented without a current BTR (Business Tax Receipt). Property
photographs on June 27, 2013 showed the single family house, a monthly rental agreement
dated September 1, 2011, and the utility record for the tenant's domestic water service,
beginning on September 2, 2011.
Member Carothers 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 McMahan recommended compliance by September 13, 2013 or a fine of$100
per day be imposed.
Attorney Soto submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before September 13, 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 August 28,
2013, after due notice to the Respondent(s), and having heard testimony under oath and
Code Enforcement 2013-08-28 7
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 single family
residence is rented without a Business Tax Receipt. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code of Ordinances
Section(s) 3-2302, 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 Code of Ordinances by September 13, 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 Janet McMahan, 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 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
4.8 Case 43-13
Mark & Leyla Kochan
1413 Laura Street
Ext. Surfaces/Graffiti — Schaar
No one was present to represent the owner.
Code Enforcement 2013-08-28 8
Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was
issued on May 16, 2013, following the first inspection. The violation at 1413 Laura Street
relates to exterior surfaces. Property photographs on May 14, 2013 showed the duplex unit has
exterior surfaces with damaged wood, mildew, and discolored, mismatched, peeling, and failing
paint. The unit is not occupied.
Member Johnson 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 recommended compliance by September 27, 2013 or a fine of$150
per day be imposed. She received no response to three telephone messages left for the
owners and has no information regarding local property management.
Attorney Soto submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the
violation on or before September 27, 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 August 28,
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 exterior surfaces
have damaged wood, mildew, and discolored, mismatched, peeling, and failing paint. 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 & 3-1504, 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 27, 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.
Code Enforcement 2013-08-28 9
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 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
4.9 Case 44-13
Laura LLC
1409 Laura Street
Ext. Surfaces - Schaar
No one was present to represent the owner.
Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was
issued on May 15, 2013, following the first inspection. The violation at 1409 Laura Street
relates to exterior surfaces. Property photographs on May 14, 2013 showed the duplex unit's
exterior surfaces have mildew and discolored, mismatched, peeling, and failing paint and a
large hole in the soffit.
Member Boutzoukas 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 recommended compliance by September 27, 2013 or a fine of$150
per day be imposed.
Attorney Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order requiring the Respondent to correct the
violation on or before September 27, 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 August 28,
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 2013-08-28 10
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that the exterior surfaces
have damaged wood, mildew, and discolored, mismatched, peeling, and failing paint and a
large hole in the soffit. 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.
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 27, 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
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 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
5. UNFINISHED BUSINESS
5.1 Case 45-12 Affidavit of Non-Compliance
David Gangelhoff
400 N. Garden Avenue
Inoperative Vehicle/Prohibited Mooring/Maintenance of Abutting ROW/Lot Clearing
Violation/Unmaintained ROW— Franco
Code Enforcement 2013-08-28 11
5.2 Case 46-12 Affidavit of Non-Compliance
TSETSE LLC
314 N. Garden Avenue
Inoperative Vehicle/Prohibited Mooring — Franco
5.3 Case 04-13 Affidavit of Non-Compliance
Lowrey Whitson
1566 Ridgewood Street
Roof Maintenance/Exterior Surfaces/Door&Window Openings - Phillips
5.4 Case 16-13 Affidavit of Non-Compliance
Casey Simmons
612 S. Hillcrest Avenue
Public Health, Safety or Welfare Nuisance—Anderson
5.5 Case 24-13 Affidavit of Non-Compliance
Casey Simmons
612 S. Hillcrest Avenue
Exterior Surfaces —Schaar
5.6 Case 26-13 Affidavit of Non-Compliance
Arben & Maria Hajro
1348 Franklin Street
Windows-Maintenance/Exterior Surfaces—Schaar
5.7 Case 33-13 Affidavit of Non-Compliance
Chuck Williams
1431 Carlos Avenue
Residential Grass Parking — Franco
5.8 Case 78-06 Affidavit of Compliance
Harmon, Celia Est.
1107 Tangerine Street
Landscape Cover— Franco
5.9 Case 79-06 Affidavit of Compliance
Harmon, Celia Est.
1309 N. Martin Luther King Jr., Ave.
Landscape Cover— Franco
5.9 Case 08-13 Affidavit of Compliance
James & Donna Dean
405 S. Comet Avenue
Exterior Storage/Fences &Walls/Public Nuisance Condition —Schaar
Code Enforcement 2013-08-28 12
5.10 Case 14-13 Affidavit of Compliance
Paul Danley III
1559 Union Street
Exterior Storage/Exterior Surfaces/Dev Code Violation/Roof Maint./Doors &
Windows/Lot Clearing — Phillips
Member Johnson moved to accept the Affidavits of Compliance for Cases 78-06, 79-06,
08-13, and 14-13 and to accept the Affidavits of Non-Compliance and issue the Orders
imposing fines for Cases 45-12, 46-12, 4-13, 16-13, 24-13, 26-13, and 33-13. The motion was
duly seconded and carried unanimously.
6. NEW BUSINESS:
6.1 Case 78-06 — Fine Reduction Request
Celia Harmon Est.
c/o Teretha Pugh
1107 Tangerine Street
Landscape Cover— Franco
No one was present to represent the owner.
Inspector Peggy Franco said the City supports a fine reduction due to special
circumstances; the property at 1107 Tangerine Street is in compliance. Administration charges
total $1,440.70. The accrued fine totals $54,900.
Attorney Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order reducing the fine for Case 78-06 to
administration costs of$1,440.70, 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 Respondent's request for
reconsideration of fine at a hearing held on August 28, 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 June 27, 2007, as recorded in O.R. Book 15885, Pages 1042-1047, of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,440.07 payable to
the Petitioner by September 27, 2013. If the reduced fine is not paid within the time specified in
this Order, a lien in the original amount of$54,900 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2013-08-28 13
6.2 Case 79-06 — Fine Reduction Request
Celia Harmon Est.
c/o Teretha Pugh
1309 N. Martin Luther King, Jr., Avenue
Landscape Cover— Franco
No one was present to represent the owner.
Inspector Peggy Franco said the City supports a fine reduction due to special
circumstances; the property at 1309 N. Martin Luther King, Jr., Avenue is in compliance.
Administration charges total $1,440.70. The accrued fine totals $54,900.
Attorney Soto submitted composite exhibits.
Member Carothers moved to enter an order reducing the fine for Case 79-06 to
administration costs of$1,440.70, 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 Respondent's request for
reconsideration of fine at a hearing held on August 28, 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 June 27, 2007, as recorded in O.R. Book 15885, Pages 1030-1035, of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,440.07 payable to
the Petitioner by September 27, 2013. If the reduced fine is not paid within the time specified in
this Order, a lien in the original amount of$54,900 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
6.3 Cases M-1741 & M-1460— Fine Reduction Request
Teretha H. Pugh & Phillip R. Joseph
1630 N. Washington Ave. & 903 Beckett Street
Nuisance Abatement Liens - Franco
No one was present to represent the owner.
Inspector Peggy Franco said when the fine was imposed, the City charged interest on
nuisance abatement liens; it does not charge interest now. The City supports the fine reduction
due to special circumstances. Administration charges for Case M-1741 total $520.00. The
accrued fine with interest totals $800.69. Administration charges for Case M-1460 total
$553.70. The accrued fine with interest totals $969.50.
Code Enforcement 2013-08-28 14
Attorney Soto submitted composite exhibits.
Member Boutzoukas moved to enter an order reducing the fine for Case M-1741 to
administration costs of$520.00 and to enter an order reducing the fine for Case M-1460 to
administration costs of$553.70, both payable within 30 days or the liens will revert to the
original amounts. The motion was duly seconded and carried unanimously.
The Municipal Code Enforcement Board has considered the Respondent's request for
reconsideration of fine for Case M-1741 at a hearing held on August 28, 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 for Case M-1741 previously imposed in the
Order dated December 10, 1998, as recorded in O.R. Book 16449, Pages 994-995, of the public
records of Pinellas County, Florida, is hereby reduced to administration costs of$520.00
payable to the Petitioner by September 27, 2013. If the reduced fine is not paid within the time
specified in this Order, a lien in the original amount of$800.69 shall be recorded in the public
records of Pinellas County, Florida.
DONE AND ORDERED this 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
The Municipal Code Enforcement Board has considered the Respondent's request for
reconsideration of fine for Case M-1460 at a hearing held on August 28, 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 for Case M-1460 previously imposed in the
Order dated September 19, 1996, as recorded in O.R. Book 15365, Page 794, of the public
records of Pinellas County, Florida, is hereby reduced to administration costs of$553.70
payable to the Petitioner by September 27, 2013. If the reduced fine is not paid within the time
specified in this Order, a lien in the original amount of$969.50 shall be recorded in the public
records of Pinellas County, Florida.
DONE AND ORDERED this 28th day of August 2013, at Clearwater, Pinellas County,
Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
Evers Maxie Jr. PNU2012-01695
1203 Blanche B. Littlejohn Trl.
10-29-15-65718-002-0050 $378.65
Code Enforcement 2013-08-28 15
Norman Kearse PNU2013-00114
1240 Carol Drive
10-29-15-85446-002-0110 $338.63
Norman Kearse PNU2013-00218
1240 Carol Drive
10-29-15-85446-002-0110 $528.00
Carol A. Parsell PNU2013-00234
2510 Sunset Point Road
06-29-16-*09072-000-1201 $378.65
Josine Pullen PNU2013-00317
120 S. San Remo Ave.
14-29-15-47016-003-0110 $269.25
Anton O. Talley PNU2013-00427
1265 Nicholson Street
10-29-15-18450-003-0170 $1083.00
Carlos Scavassin Jr. PNU2013-00468
1954 Hastings Drive
01-29-15-98110-000-0140 $316.80
Norman Kearse PNU2013-00500
1240 Carol Drive
10-29-15-85446-002-0110 $301.00
Ida Elizabeth Burgess PNU2013-00528
1651 Sherwood Street
11-29-15-39150-029-0030 $324.14
Vernon T. Douglas PNU2013-00613
1136 Engman Street
10-29-15-33552-004-0510 $200.00
Alice J. Monroew PNU2013-00651
2468 Timbercrest Cir W.
31-28-16-98725-000-1470 $269.25
Shannon & Esther Gibbons PNU2013-00653
2991Ashecroft Court
17-28-16-18655-000-1160 $714.44
Norman Kearse PNU2013-00688
1240 Carol Drive
10-29-15-85446-002-0110 $301.00
Code Enforcement 2013-08-28 16
Lisa Lewis
1138 Engman Street
10- 29 -15- 33552 - 004 -0520
PNU2013 -00735
$394.00
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was
duly seconded and carried unanimously.
8. ADJOURN:
The meeting adjourned at 3:05 p.m.
Attest:
Municipal Code Enforcement Board
Code Enforcement 2013 -08 -28 17