11/19/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
November 19, 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, Matt Smith -Assistant City Attorney,
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 September 24 and October 22, 2014 Municipal Code
Enforcement Board meeting as submitted in written summation.
Member Riordon 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 33-14—Continue to 12/17/14
Jasmine Naik Developments LLC
1116 S Ft Harrison Ave.
Parking Lot Surfaces — Brown
Case 33-14 was continued automatically to December 17, 2014.
4.2 Case 34-14
Eddie A Whitfield & Thelmarie E Gunter
1511 Nelson Ave.
Residential Rental Business Tax Receipt— McMahan
No one was present to represent the owners.
Code Enforcement 2014-11-19 1
Inspector Janet McMahan provided a PowerPoint presentation. Notices of violation were issued
on August 12 and September 17, 2014, following the first inspection. Violations at 1511 Nelson
Avenue related to a Delinquent BTR (Business Tax Receipt) for a residential rental in FY (Fiscal
Year) 2013/14. Property photographs on September 17 and November 7, 2014 showed the
residential property and a vehicle parked in the driveway. A screenshot showed a lease
agreement for 1511 Nelson Avenue submitted to the City's utility department signed by Eddie
Whitfield and Brenton Lee on December 15, 2013. A City utility printout for 1511 Nelson Avenue
showed Brenton Lee had domestic water service from December 2013 to September 2014. A
City utility printout for 1511 Nelson Avenue showed domestic water service for Ladonica
Whitfield began on November 13, 2014. Staff did not know if Ms. Whitfield was a tenant or a
relative living there rent free.
Inspector McMahan said Mr. Whitfield owned 5 residential properties in Clearwater in full or in
part with another. She said she had several telephone discussions with him.
Member Schultz moved to find the Respondents 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 28, 2014 or a fine of$100 per day
be imposed.
Concern was expressed that Mr. Whitfield had delinquent BTR violations for several properties
and was taking advantage of the City. A higher fine was recommended.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violation on or
before November 28, 2014. 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. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
November 19, 2014, after due notice to the Respondents, 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 1 violation exists:
residential rental without a Business Tax Receipt. The Respondents were not present.
CONCLUSIONS OF LAW
The Respondents are in violation of the City of Clearwater Community Development Code
Section 3-2302, as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2014-11-19 2
It is the Order of the Board that the Respondents obtain a Business Tax Receipt for Fiscal
Years 2013-14 at cost of$39.39 through month of November 2014 to comply with said Section
of the City of Clearwater Code of Ordinances by November 28, 2014. If the Respondents 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 of the Code, the Respondents shall notify Inspector
Janet McMahan, who shall inspect the property and notify the Board of compliance. If the
Respondents 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 Respondents, 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 19th day of November 2014, at Clearwater, Pinellas County,
Florida.
4.3 Case 35-14
Eddie A Whitfield
1141 Engman St.
Residential Rental Business Tax Receipt— McMahan
No one was present to represent the owner.
Inspector Janet McMahan provided a PowerPoint presentation. Notices of violation were issued
on August 12 and September 17, 2014, following the first inspection. Violations at 1141 Engman
Street related to Delinquent BTRs for a residential rental in FY 2013/14 and 2014/15. Property
photographs on September 17, 2014 showed a residential house. A screenshot showed a
contract for sale/purchase for 1141 Engman Street between Mr. Whitfield and Rachel McCray
signed on February 14, 2014. A November 15, 2014 screenshot of the Compact Property
Record Card for 1141 Engman Street on the Pinellas County Property Appraiser's website,
listed Eddie A. Whitfield as the property owner. A City utility printout for 1141 Engman Street
showed Rachel McCray had domestic water service beginning in March 2014.
Code Enforcement 2014-11-19 3
Inspector McMahan said a BTR for 1141 Engman Street was active from June 4, 2012 to
August 31, 2012. On August 31, 2012, Mr. Whitfield informed the City he planned to occupy
1141 Engman Street and the City closed the BTR case.
Member Anuszkiewicz 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 McMahan recommended compliance by November 28, 2014 or a fine of$100 per day
be imposed. She did not know where Mr. Whitfield lived as his driver's license listed one
address and Compact Property Record Cards on the Pinellas County Property Appraiser's
website for Cases 34-14, 35-14, and 36-14 each listed a different home address.
Assistant Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before November 28, 2014. 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. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
November 19, 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 1 violation exists:
residential rental without a Business Tax Receipt. The Respondent was not present.
CONCLUSIONS OF LAW
The Respondent is in violation of the City of Clearwater Community Development Code
Section(s) 3-2302, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall obtain Business Tax Receipts for Fiscal
Years 2013-14 and 2014-15 at cost of$75.62 through month of November 2014 to comply with
said Section of the City of Clearwater Code of Ordinances by November 28, 2014. If the
Respondent does 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 of the Code, the Respondent shall notify Inspector
Janet McMahan, 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
Code Enforcement 2014-11-19 4
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 19th day of November 2014, at Clearwater, Pinellas County,
Florida.
4.4 Case 36-14
Eddie A Whitfield
1360 Mary L Rd.
Residential Rental Business Tax Receipt— McMahan
No one was present to represent the owner.
Inspector Janet McMahan provided a PowerPoint presentation. Notices of violation were issued
on July 31 and September 17, 2014, following the first inspection. Violations at 1360 Mary L
Road related to Delinquent BTRs for a residential rental in FY 2013/14 and 2014/15. Property
photographs on September 17, 2014 showed a residential house with a chair on the front porch.
A City utility printout for 1360 Mary L Road showed Chiquita Wiley had domestic water service
from March 2014 to September 2014. Another City utility printout for 1360 Mary L Road showed
domestic water service for Christopher Locker began October 31, 2014.
Inspector McMahan said Mr. Whitfield phoned her on August 12, 2014, stating he was moving
to 1360 Mary L Road at the end of August. City utility records for 1360 Mary L Road indicated
Mr. Whitfield did not establish a domestic water service account in 2014. The Code
Enforcement process for Mr. Whitefield's properties began when the tenant at 1360 Mary L
Road called the City, complaining that the roof leaked.
Concerns were expressed that Mr. Whitfield had incorrectly informed the City several times that
he was moving into one his properties.
Member Anuszkiewicz 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.
Code Enforcement 2014-11-19 5
Inspector McMahan recommended compliance by November 28, 2014 or a fine of$100 per day
be imposed.
Inspector Sam Swinton said the City contacted Mr. Whitfield after the tenant complained that a
ceiling had caved in. The roofer Mr. Whitfield hired was not licensed and the City issued a Stop
Work Order in September 2014. When Mr. Whitfield visited City offices, staff informed him of the
permit and licensed contractor requirements. A permit was not pulled and the Stop Work Order
remained active.
Attorney Smith submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent to correct the violation on or
before November 28, 2014. 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. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
November 19, 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 1 violation exists:
residential rental without a Business Tax Receipt. The Respondent was not present.
CONCLUSIONS OF LAW
The Respondent is in violation of the City of Clearwater Community Development Code Section
3-2302, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall obtain Business Tax Receipts for Fiscal
Years 2013-14 and 2014-15 at cost of$75.62 through month of November 2014 to comply with
said Section of the City of Clearwater Code of Ordinances by November 28, 2014. If the
Respondent does 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 of the Code, the Respondent shall notify Inspector
Janet McMahan, 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.
Code Enforcement 2014-11-19 6
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 19th day of November 2014, at Clearwater, Pinellas County,
Florida.
5. UNFINISHED BUSINESS
5.1 Case 63-11 Affidavit of Compliance
Harry Allen Stephens
2024 Cleveland Street
Exterior Storage, Exterior Storage not for Outdoor Use — Brown
5.2 Case 55-12 Affidavit of Compliance
Zahid Roy
700 Minnesota Drive
Door &Window Openings, Window Maint., Windows Facing Right-of-Way— Devol
5.3 Case 10-13 Affidavit of Compliance
Raymond P. Cassano
635 Cleveland Street
Graffiti — Brown
5.4 Case 06-14 Affidavit of Compliance
Vicki A. Hass &William M. Mitchell
3035 Oak Cove Dr.
Ext Storage/Ext Surface— Fletcher
Member Cole moved to accept the Affidavits of Compliance for Cases 63-11, 55-12, 10-13 and
06-14. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS:
6.1 Case 55-12 Request for Fine Reduction
Zahid Roy
700 Minnesota Drive
Code Enforcement 2014-11-19 7
Door &Window Openings, Window Maint., Windows Facing Right-of-Way— Devol
Property owner Zahid Roy said he had repaired the windows but could not make other
necessary repairs because of the large lien. He requested a fine reduction.
Inspector Diane Devol provided a PowerPoint presentation. Previous violations at 700
Minnesota Drive related to the windows. Property photographs on October 15 and November
28, 2012 showed broken and boarded windows on the side and front of the house. Property
photographs on August 25 and October 25, 2014 showed the windows had been repaired. The
property was in compliance. Code Compliance Manager Terry Teunis recommended the
$59,600 fine be reduced to administrative costs of$1,571.20.
Member Riordon moved to enter an order reducing the fine for Case 55-12 to administration
costs of$1,571.20, payable within 60 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 November 19, 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
September 25, 2013, as recorded in O.R. Book 18181, Pages 1823-1827, of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,571.20 payable to
the Petitioner by January 18, 2015. If the reduced fine is not paid within the time specified in
this Order, a lien in the original amount of$59,600.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 19th day of November 2014, at Clearwater, Pinellas County,
Florida.
6.2 Case 63-13 Request to Relinquish Order
East Shore International Enterprises LLC
405 East Shore Drive
Development Code Violation — Lopez
Attorney Smith said in 2013, the Municipal Code Enforcement Board found the property at 405
East Shore Drive to be in violation of Code. The property owner appealed. The Circuit Court
reversed the board's decision and ordered the board to vacate its finding. The Circuit Court
opined as the motel across the street had a Unity of Title with 405 East Shore Drive and a BTR
for 30 parking spaces, the City could not cite 405 East Shore Drive for temporary parking.
Attorney Smith said the City was unaware of the Unity of Title.
Attorney for the Board Andy Salzman said the Court's decision was based on fact. In hindsight,
the City could have cited the property for other violations. In response to a concern that the
Code Enforcement 2014-11-19 8
subject property's unpaved parking lot did not meet Code, Attorney Salzman said Case 63-13
did not cite that violation.
Member Shultz moved to withdraw the board's finding of violation re Case 63-13 to comply with
the order of the Circuit Court. The motion was duly seconded and carried unanimously.
7. NUISANCE ABATEMENT LIEN FILINGS:
RADC CADC VENTURE 2010 2
LLC
639 BRYANT ST PNU2014-00498
21-29-15-00000-440-3000 $269.25
1309 SANDY LANE TRUST
1309 SANDY LN PNU2014-00623
03-29-15-08388-004-0160 $340.10
LANCE A LIBERTI
ANDREA AYERS HOLDEN
1493 CAROLYN LN PNU2014-00747
02-29-15-90288-000-0170 $382.40
GUNDEN, LAURA E EST
1516 CLEVELAND ST PNU2014-00870
14-29-15-18954-008-0200 $269.25
ROBITAILLE, HILDEGARD H
EST
1288 BURMA AVE PNU2014-00875
19-29-16-92322-003-0080 $269.25
JAMES W STRATTON
1531 ROSEMERE RD PNU2014-00898
11-29-15-31194-000-1030 $454.00
JAMES W STRATTON
1525 ROSEMERE RD PNU2014-00899
11-29-15-31194-000-1020 $454.00
TERENCE JOHN MC CLURG
1585 JEFFORDS ST PNU2014-00926
23-29-15-30366-000-0760 $433.90
GERMANA DRAGO
2557 MULBERRY DR PNU2014-00936
19-28-16-18636-000-0230 $269.25
Code Enforcement 2014-11-19 9
TARPON IV LLC
801 HOWARD ST
22- 29 -15- 07938 - 010 -0010
PNU2014 -00956
$429.20
HOLMES, WILLIE B EST
505 N GARDEN AVE
PNU2014 -01004
09- 29 -15- 37422 - 002 -0160
$759.80
JAMES MC AFOOSE
114 S SAN REMO AVE
PNU2014 -01032
14- 29 -15- 47016 - 003 -0090
$331.00
GAYL B ELLERSON
1361 OVERLEA ST
PNU2014 -01060
10- 29 -15- 69066 - 005 -0060
$382.00
MAREK PIETRYNIAK
407 S JUPITER AVE
PNU2014 -01192
14- 29 -15- 00000 - 140 -1600
$220.00
Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN:
The meeting adjourned at 2:10 p.m.
Attest:
Secretary of the Bbard
Chair
Municipal Code Enforcement Board
Code Enforcement 2014 -11 -19 10