05/28/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
May 28, 2014
Present: Vice Chair Sue A. Johnson, Board Member Sheila Cole, Board Member Duane
Schultz, Board Member Michael J. Riordon, Board Member Wayne Carothers, Board Member
Christopher J. Anuszkiewicz
Absent: Chair James E. Strickland
Also Present: Andy Salzman -Attorney for the Board, Dick Hull -Assistant City Attorney II,
Nicole Sprague - Secretary to the Board, Patricia O. Sullivan - Board Reporter
The Vice Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of
Allegiance.
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
2.1. Approve the minutes of the April 23, 2014 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Cole moved to approve Item 2.1. 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 13-14—Continue to June 25, 2014
C Snedeker Jr& Deanne L Snedeker
110 N. Missouri Ave.
Exterior Surfaces —Schaar
Case 13-14 was continued to June 25, 2014
4.2 Case 14-14
Maryam Shahriari
1352 Franklin Street
Exterior Storage— Schaar
Al Shahriari, representative for the Respondent, said the tenant was responsible for the exterior
storage.
Code Enforcement 2014-05-28 1
Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on
March 27, 2014, following the first inspection. Violations at 1352 Franklin Street related to
multiple interior furnishings and discarded materials stored outdoors. Property photographs on
March 20, April 10 and 14, and May 7, 2014 showed interior furniture, including headboards, a
couch, futon, armoire, mattresses, etc. stored outside. Property photographs on May 23, 2014
showed 2 headboards stored outdoors. The tenant provided no explanation for the outdoor
storage.
Mr. Shahriari said he told the tenant several times to remove the subject materials. He said he
was evicting the tenant and estimated the process would take another 15 to 20 business days.
Member Schultz moved to find the Respondent 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 Brown recommended compliance by June 3, 2014 or a fine of$100 per day be
imposed.
Mr. Shahriari requested additional time.
Assistant City Attorney II Dick Hull submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violation on or
before June 13, 2014. 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 Municipal Code Enforcement Board on May 28,
2014, after due notice to the Respondent, 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 multiple interior furnishings
and discarded materials were stored outside. A representative of the Respondent was present.
CONCLUSIONS OF LAW
The Respondent is in violation of the City of Clearwater Community Development Code
Sections 3-1502.G.1 & 3-1502.G.2, as referred in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall clear the property's exterior of all items,
materials, etc. not designed for outdoor use and maintain the property's exterior on a regular
basis to comply with said Sections of the City of Clearwater Community Development Code by
June 13, 2014. If Respondent does 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.
Code Enforcement 2014-05-28 2
Upon complying with said Sections of the Code, the Respondent shall notify Inspector Shelby
Brown, who shall inspect the property and notify the Board of compliance. If the Respondent
fails 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, 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 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 by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 28th day of May 2014, at Clearwater, Pinellas County, Florida.
4.3 Case 15-14
James Enright
1423 Park Street
Delinquent BTR/Residential Rental BTR - McMahan
No one was present to represent the owner.
Inspector Janet McMahan provided a PowerPoint presentation. A notice of violation was issued
on March 28, 2014 following the first inspection. Violations at the duplex at 1423 Park Street
related to a delinquent BTR (Business Tax Receipt) for residential rental. Utility printouts
showed tenants in both apartments had current water service. Property photographs on
February 20 and March 28, 2014 showed the duplex and tenant's vehicle.
Inspector McMahan said the property owner paid the BTR, which was 2-years delinquent. A
previous BTR for the property also was delinquent before it was paid.
Member Cole 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.
Attorney Hull submitted composite exhibits.
4.4 Case 16-14—Cancelled
1744 W Lagoon Property Trust
1744 W Lagoon Cir
Permit Required (Fence) - Swinton
Code Enforcement 2014-05-28 3
Case 16 -14 was cancelled.
5. UNFINISHED BUSINESS
5.1 Case 07 -14 Affidavit of Non - Compliance
CTS Holdings of Pinellas LLC
1840 Gulf to Bay Blvd
Door & Window Openings /Public Nuisance Condition /Graffiti — Schaar
Member Schultz moved to accept the Affidavit of Non - Compliance and issue the Order imposing
fines for Case 48 -14. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS: None.
7. NUISANCE ABATEMENT LIEN FILINGS:
STEPHEN P PREZA
1266 SANTA ROSA ST
15- 29 -15- 38574 - 009 -0150
PNU2013 -02134
$269.25
S A R M 2005 -09 TRUST FUND
U S BANK NATL ASSN TRE
3018 MERRILL AVE
PNU2014 -00079
09- 29 -16- 45126- 008 -0100
$269.25
PADDEN, JOSEPHINE TRE
51 VERBENA ST
PNU2014 -00134
05- 29 -15- 54666- 023 -0070
$364.48
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN:
Attest:
The meeting adjourned at 1:54 p.m.
z pJ(tL
Chair
Municipal Code Enforcement Board
Secretary of the : oard
Code Enforcement 2014 -05 -28 4