10/22/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
October 22, 2014
Present: Chair James E. Strickland, 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
Also Present: Brian Durham -Attorney for the Board, Matt Smith -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
2.1. Approve the minutes of the September 24, 2014 Municipal Code Enforcement
Board meeting as submitted in written summation.
Approval of the minutes of the September 24, 2014 Municipal Code Enforcement Board meeting
were continued automatically to November 19, 2014.
3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None.
4. PUBLIC HEARINGS
4.1 Case 22-14—Tabled on 8/27/14, Continued from 9/24/14
John D Spence
2999 Gulf-to-Bay Boulevard
Three Dimensional Signs/Vehicle Signs/Excessive Signage/Attached Signs in Non-
Residential Districts/Signage without Permits—Weaver
On August 27, 2014, the MCEB (Municipal Code Enforcement Board) tabled Case 22-14.
Member Riordon moved to remove Case 22-14 from the table. The motion was duly seconded
and carried unanimously.
No one was present to represent the owner.
Inspector Mary Jo Weaver provided a PowerPoint presentation. Violations at 2999 Gulf-to-Bay
Boulevard related to excessive attached signs without permits. Property photographs on
Code Enforcement 2014-10-22 1
January 2, 2014 showed numerous unpermitted attached signs. Property photographs on
September 26, 2014 showed the unpermitted attached signs had been removed and the
property was in compliance
Inspector Weaver and staff were thanked for the good job they did resolving the property's
signage problems.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Cole moved to find the Respondent(s) was 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.
This case came before the City of Clearwater Municipal Code Enforcement Board on October
22, 2014, 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 on the testimony and evidence received, it is evident the condition existed; however, it is
further evident this condition was corrected prior to this hearing. The Respondent(s) was/were
not present.
CONCLUSIONS OF LAW
The Respondent(s) was in violation of the City of Clearwater Community Development Code
Section(s) 3-1804.V, 3-1804.W, 3-1807, 3-1807.113.3.a, &4-1002, 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 violation referenced herein, the Board
may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists after
the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board
has the authority to impose the fine at that time without a subsequent hearing.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 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
Code Enforcement 2014-10-22 2
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 22nd day of October 2014, at Clearwater, Pinellas County, Florida.
4.2 Case 25-14—Continued from 8/27/14 & 9/24/14
Federal Home Loan Mtg Corp.
2178 Campus Dr.
Fences &Walls — Brown
No one was present to represent the owner.
Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on
August 22, 2014, following the first inspection. Violations at 2178 Campus Drive related to fence
maintenance. Property photographs on July 15, 2014 showed the yard was overgrown and the
fence was collapsing; the dilapidated fence was visible from a main corridor. Property
photographs on September 18, 2014 showed the yard was maintained but the fence had not
been repaired and the gate was broken. In response to questions, Inspector Brown discussed
agencies responsible for the uninhabited property and reported neighbor complaints. The
swimming pool screen enclosure was intact.
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 Brown recommended compliance by November 21, 2014 or a fine of$100 per day be
imposed.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before November 21, 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 October
22, 2014, 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 one violation exists: The
fence, which faces a main City corridor, is dilapidated, collapsing, and has a broken gate. The
Respondent(s) was/were not present.
CONCLUSIONS OF LAW
Code Enforcement 2014-10-22 3
The Respondent(s) is/are in violation of the City of Clearwater Community Development Code
Section(s) 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, & 3-808.A.5, as referred in the
Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall repair, replace or remove the fence to
comply with said Section(s) of the City of Clearwater Community Development Code by
November 21, 2014. 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 Shelby Brown, 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 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 22nd day of October 2014, at Clearwater, Pinellas County, Florida.
4.3 Case 31-14
Madisyn Park LLC
1410 Park St.
BTR Required/Delinquent BTR— McMahan
No one was present to represent the owner.
Inspector Janet McMahan provided a PowerPoint presentation. Notices of violation were issued
on July 7 and September 2, 2014, following inspection. Violations at 1410 Park Street related to
a Delinquent Business Tax and Business Tax for the 15-unit rental property and two coin
operated laundry units. Property photographs on September 2, 2014 showed the rental property
with rental activity evident. The property owner did not pay the FY (Fiscal Year) 2013/14 or
2014/15 BTR (Business Tax Receipt) and owes $568.44, including penalty and administrative
fees. That amount will increase to $575.22 in November and continue to increase until paid.
Code Enforcement 2014-10-22 4
Inspector McMahan expressed concern the property owner was a habitual offender. She
received no response to her telephone call to the property owner.
Member Anuszkiewicz 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 November 29, 2014 or a fine of$150 per day
be imposed.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before November 29, 2014. 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 Municipal Code Enforcement Board on October
22, 2014, 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 one violation exists: the
Business Tax Receipts for Fiscal Years 2013/14 and 2014/15 are delinquent. 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)
29.30(1) & 29.40(1), as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall renew the Business Tax Receipt for
Fiscal Years 2013/14 and 2014/15 by paying the amount due of$568.44 (October 2014) or
$575.22 (November 2014) to comply with said Section(s) of the City of Clearwater Code of
Ordinances by November 29, 2014. If the 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. Please note, the amount due will increase each month until all fees are paid.
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.
Code Enforcement 2014-10-22 5
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 22nd day of October 2014, at Clearwater, Pinellas County, Florida.
4.4 Case 32-14
Susanne C Dinkins
1163 Belleair Rd.
Installed Garage w/o Proper Permits/Inspections - Swinton
Property owner Susanne Dinkins granted her husband, Jeffrey Duncan, permission to speak on
her behalf.
Inspector Sam Swinton provided a PowerPoint presentation. A notice of violation was issued on
September 15, 2014, following the first inspection. Violations at 1163 Belleair Road related to a
garage built in the property's back yard without a required building permit. Property photographs
on November 27, 2013 showed a garage in the rear yard of the property that was not permitted
nor inspected. Property photographs on September 11, 2014 showed the subject garage, a curb
cut, and the front of the house with an attached 2 car garage. The City did not receive
complaints.
Inspector Swinton said he informed Jeffrey Duncan at City offices re the building permit
requirement on January 4 and February 26, 2014. Mr. Duncan visited City offices numerous
times. On August 14, 2014, Mr. Duncan came to the office and said he would do what was
necessary to obtain a permit. Mr. Duncan met with a building official and was advised re steps
necessary to move forward with the permit process. No permit was issued.
Jeffrey Duncan admitted to the violation. He said he had gone to the City to obtain a permit but
was advised the property was zoned office commercial and staff would have to investigate his
request. He said he was told the same thing when he returned to the City several months later.
He said he eventually spoke with Planner III Matt Jackson regarding the permit but then became
disabled and did not have the money to pull the permit. He said he was handy and had done
most of the work on the structure. He said he went to the City office every time the City
contacted him. He said the garage had been in the back yard for almost two years. He said
while the structure was not complete, it was not an eyesore nor visible from the street. He said
he could not remove it. He said it was built without a permit, but he had tried to pull a permit. He
said money was still a problem and he needed to pay a contractor to install the driveway.
Code Enforcement 2014-10-22 6
Mr. Jackson said staff had determined the subject property, surrounded by residential
properties, would be subject to low medium density residential zoning requirements. He met
with Mr. Duncan in September 2012 after the accessory structure was built without a permit. He
advised Mr. Duncan re permit requirements, including the need to meet the 5-foot setback and
the FAR (Floor Area Ratio), which limits accessory structures to 10% of the size of the main
structure. In his March 27, 2014 email to Mr. Duncan, Mr. Jackson reviewed flexible standard
requirements to obtain a permit. The structure was built in the 5-foot setback. No plans were
formally submitted to the City.
In response to questions, Assistant Building Official Tom Carrick reviewed a homeowner's right
to perform work on the homeowner's property and related requirements. Staff considered Mr.
Duncan to be the homeowner's agent. Access to the new garage was through a Walgreen's
parking lot. Mr. Jackson said while the Walgreen's assistant manager provided a letter allowing
Mr. Duncan access to the garage via the parking lot, Walgreen's needed to submit a legal cross
access agreement before a permit could be issued
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 Swinton recommended compliance by November 7, 2014 or a fine of$150 per day be
imposed.
Mr. Duncan said the structure started out as a carport. He said the firm that built the carport had
provided him documentation that was stamped with a seal. He said he later used blocks in his
yard to block in the structure. He said Walgreen's gave him permission to use the parking lot for
access as long as he did not block the alley. He said he would do everything he could to obtain
a permit, including installing a driveway to Belleair Road. He requested 60 days to comply.
Discussion ensued with comments that the City had been lenient and a comment that spending
money to obtain a permit would be fruitless as the structure was too large for the property and
located in the setback. It was stated that trying to obtain a permit should be the homeowner's
choice.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before December 21, 2014. 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 Municipal Code Enforcement Board on October
22, 2014, 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
Code Enforcement 2014-10-22 7
Based upon the testimony and evidence received, it is evident that a garage was constructed in
the backyard of the subject property without required permits. 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) 4-203.A.1 & 47.083, as referred in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain proper permit(s) or remove the
garage structure to comply with said Section(s) of the City of Clearwater Community
Development Code by December 21, 2014. 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 Sam Swinton, 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 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 22nd day of October 2014, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 23-14 Affidavit of Non-Compliance
Joshua Meller
1803 Springtime Ave.
Residential Rental BTR— McMahan
Code Enforcement 2014-10-22 8
5.2 Case 55-11 Affidavit of Compliance
Kenneth Ingrassia
1005-1007 Amble Lane
Lot Clearing/Exterior Storage/Exterior Surfaces/Roof Maintenance— Phillips
5.3 Case 28-14 Affidavit of Compliance
Cheryl A. Pittfield & John R. Ferland, Jr.
1436 Spring Ln.
Exterior Surfaces — Devol
5.4 Case 53-13 Affidavit of Compliance
W C P Residential Funding LLC
1106 Fairmont St.
Door &Window Openings— Devol
5.5 Case 18-14 Affidavit of Compliance
Jaqueline D Keating & Ralph J Rem Doudera
2616 Fallsrock Dr.
Windows Maintenance/Ext. Storage— Phillips
Member Schultz moved to accept the Affidavits of Compliance for Cases 55-11, 28-14, 53-13,
and 18-14 and to accept the Affidavit of Non-Compliance and issue the Order imposing fines for
Case 23-14. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS:
6.1 Case 21-14— Request for Rehearing - CANCELLED
James & Debra Reffie
1498 Gulf-to-Bay Boulevard
Discontinued Signs/Sign Maint./Non-Conforming Signs/Exterior Surf./Graffiti
Prohibited/Parking Lot Surfaces —Weaver
6.2 Case 54-11 — Request for Lien Reduction
Kenneth Ingrassia
1005 Amble Lane
Delinquent Business Tax/Residential Business Tax Receipt— Shawen
Matthew Wirsing said he had purchased the property and requested a lien reduction.
Inspector Dee Shawen said the property was in compliance re the BTR. The City recommended
the $2,200 fine be reduced to administration costs of$1,037.20.
Member Riordon moved to enter an order reducing the fine for Case 54-11 to administration
costs of$1,037.20, 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 October 22, 2014, and based upon the evidence
presented, enters the following Findings of Fact, Conclusions of Law, and Order.
Code Enforcement 2014-10-22 9
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
October 26, 2011, as recorded in O.R. Book 17398, Pages 1458-1461, of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,037.20 payable to the
Petitioner by November 21, 2014. If the reduced fine is not paid within the time specified in this
Order, a lien in the original amount of$2,200.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of October 2014, at Clearwater, Pinellas County, Florida.
6.3 Case 55-11 — Request for Lien Reduction
Kenneth Ingrassia
1005-1007 Amble Lane
Lot Clearing/Exterior Storage/Exterior Surfaces/Roof Maintenance— Phillips
Matthew Wirsing said he had purchased the property and made repairs. He requested a lien
reduction.
Inspector Julie Phillips said the property was in compliance. The City recommended the
$107,800 fine be reduced to administration costs of$1,193.20.
Member Anuszkiewicz moved to enter an order reducing the fine for Case 55-11 to
administration costs of$1,193.20, 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 October 22, 2014, 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
November 30, 2011, as recorded in O.R. Book 17438, Pages 2620-2623, of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,193.20 payable to
the Petitioner by November 21, 2014. If the reduced fine is not paid within the time specified in
this Order, a lien in the original amount of$107,800.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of October 2014, at Clearwater, Pinellas County, Florida.
Code Enforcement 2014-10-22 10
6.4 Case 49-13 — Request to Stop Lien Accrual
Freddie Daniels & Dorothy Curry
1610 Kings Highway
Public Health, Safety or Welfare Nuisance - Devol
No one was present to represent the owner.
Inspector Diane Devol provided a PowerPoint presentation of property photographs from July
2013 re 5 Code violations at 1610 Kings Highway. The property owners have not repaired the
violations addressed in the Board's order to comply.
Property photographs on August 19, 2014 showed the fence separating the carport from the
swimming pool had fallen. Property photographs on October 21, 2014 showed the swimming
pool was in a hazardous condition with brown opaque water and floating debris and leaves. The
City received complaints; the main concern was that the collapsed fence allowed access to the
hazardous swimming pool in the side yard. The property was near 2 elementary schools.
Inspector Devol requested that the Board stop the lien accruing re the unsecured, unsafe
swimming pool which posed a threat to public safety and welfare. Once accrual of the lien
related to the hazardous, unsecured swimming pool is stopped, the City can open a new case
under the Public Nuisance Ordinance and remediate that problem by hiring a contractor to
secure the swimming pool. Contractor fees will be an additional lien against the property. The
property owners are responsible for current liens and additional liens generated through
abatement.
Concerns were expressed the subject property also is close to Calvin Hunsinger School and
that liens exceed the home's value. It was recommended the City foreclose on the blighted
home.
Member Schultz moved to stop the lien accruing re the swimming pool at 1610 Kings Highway.
The motion was duly seconded and carried unanimously.
The Municipal Code Enforcement Board received a request from Code Inspector Diane Devol in
the above-referenced case at the Board meeting held Wednesday, October 22, 2014 to stop
accrual of the fines related to the unsecured, unsafe swimming pool at 1610 Kings Highway,
Clearwater, Florida. Based on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
Based on the Affidavit of Non-Compliance previously accepted by the Board and photographs of
the property, it is evident the property remains in violation of the City of Clearwater Community
Development Code related to Public Health, Safety or Welfare Nuisance due to the unsecured,
unsafe swimming pool.
CONCLUSIONS OF LAW
The Respondent(s) is/are still in violation of Section(s) 3-1502.C.1, 3-808, 3-1502.13, 3-
1502.D.1, & 3-1503.13.5, of the Community Development Code of the City of Clearwater,
Code Enforcement 2014-10-22 11
Florida, in that the Respondent(s) has/have failed to remedy the cited violations and has/have
not complied with the Order of this Board dated September 25, 2013.
ORDER
In accordance with the Board's Order dated January 22, 2014, it was the Order of this Board
that the Respondent(s) pay a fine of$100.00 per day for each day the violation related to
Section 3-1503.113.5 of the City of Clearwater Community Development Code continued to exist
beyond the compliance due date of September 27, 2013.
It is the Order of this Board that accrual of fines related to Section 3-1503.113.5 of the City of
Clearwater Community Development Code be stopped at the current total of$39,000.00 to
allow the City to open a new case under the Public Nuisance Ordinance and remediate the
current dangerous situation by having a contractor secure the pool. Contractor fees will be filed
as an additional lien against the property.
A certified copy of this Order shall be recorded in the public records of Pinellas County, and
once recorded, shall constitute a lien against any real or personal property owned by the
violator(s) pursuant to Chapter 162 of the Florida Statutes.
DONE AND ORDERED this 22nd day of October 2014, at Clearwater, Pinellas County, Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
30 DAYS REAL ESTATE CORP
THE
509 MARILYN TRUST
1140 PALM BLUFF ST PNU2014-00829
10-29-15-33552-006-0520 $354.16
PADDEN, JOSEPHINE THE
51 VERBENA ST PNU2014-00896
05-29-15-54666-023-0070 $364.48
CARRINGTON MORTGAGE
LOAN TRUST
DEUTSCHE BANK NATL TRUST
CO THE
1320 MARY L RD PNU2014-01006
03-29-15-08388-004-0070 $467.00
ILHAN M BILGUTAY
608 SPRUCE AVE PNU2014-01086
09-29-15-08622-000-0350 $333.00
ILHAN M BILGUTAY
Code Enforcement 2014-10-22 12
603 ELDRIDGE ST #W
09- 29 -15- 08622 - 000 -0361
PNU2014 -01087
$313.00
N & M INVESTMENT PROPERTY
LLC
809 TURNER ST
PNU2014 -01115
15- 29 -15- 54450 - 022 -0050
$220.00
JAMES MC AFOOSE
114 S SAN REMO AVE
PNU2014 -01178
14- 29 -15- 47016 - 003 - 0090
$499.00
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN:
The meeting adjourned at 2:48 p.m.
cx2_47
Chdir
Municipal Code Enforcement Board
Code Enforcement 2014 -10 -22 13