01/28/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
January 28, 2015
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: Andy Salzman -Attorney for the Board, Matt Smith -Assistant City Attorney,
Nicole Sprague, Secretary to the Board
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 December 17, 2014 Municipal Code Enforcement
Board meeting as submitted in written summation.
Member Johnson 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 01-15
Williams Asset Conversion Inc. Tre
1738 N Ft. Harrison Ave.
Exterior Surfaces/Door &Window Openings/Non-Conforming Signs/Discontinued Signs
—Weaver
No one was present to represent the owner.
Inspector Mary Jo Weaver provided a PowerPoint presentation. Notices of violation were issued
on September 17, 2014, following the first inspection. The 3 violations at 1738 N. Ft. Harrison
Avenue related to doors and window openings and maintenance, exterior surfaces, and
discontinued and non-conforming signs. Property photographs on December 16, 2014 showed
a vacant building with faded and peeling paint on exterior surfaces, a broken window, and
Code Enforcement 2015-01-28 1
discontinued and non-conforming signs. Inspector Weaver said the business had been closed
for 9 years. She did not have contact with the property owner.
Member Schultz 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 Weaver recommended compliance by March 13, 2015 or a fine of$150 per day per
violation be imposed.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violations on
or before March 13, 2015. If the Respondent does not comply within the time specified, the
Board may order a fine of$150 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 Municipal Code Enforcement Board on January
28, 2015, 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 3 violations exist: exterior
surfaces, doors and window openings and maintenance, and discontinued and non-conforming
signs. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development Code
Section(s) 3-1502.113, 3-1502.C.1, 3-1502.C.3, 6-104.113, & 3-1804.D, as referred to in the
Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall repair and paint exterior surfaces and
doors, replace broken window(s), and remove all discontinued/non-conforming signs from the
property to comply with said Section(s) of the City of Clearwater Community Development Code
by March 13, 2015. If the Respondent(s) does/do not comply within the time specified, the
Board may order a fine of$150.00 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 Mary Jo Weaver, 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
Code Enforcement 2015-01-28 2
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 28th day of January 2015, at Clearwater, Pinellas County, Florida.
4.2 Case 02-15
Pamela I Miller
706 Fairwood Forest Dr.
Exterior Surfaces/Door &Window Openings/Roof Maintenance — Phillips
Tracy Viemiere, daughter of property owner Pamela I Miller, presented a letter authorizing her to
represent her mother. She admitted to the violations.
Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on
June 10 and December 15, 2014, following the first inspection. The 3 violations at 706 Fairwood
Forest Dr. related to window and roof maintenance and exterior surfaces. Property photographs
on June 11, 2014 showed rotted wood, peeling and fading paint, visible mildew, declining fascia
and soffit, and sagging roofing on the storage unit,
Ms. Viemiere said her mother had cancer. She said there were plans to paint the exterior but
requested additional time to repair the roof. She said there was mold in the unit next door. She
said the subject unit was vacant while its interior was modified to meet her mother's needs.
Member Carothers 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 Phillips recommended compliance by March 21, 2015 or a fine of$100 per day per
violation be imposed. In response to a question, she said the structure would not collapse due
to the rotted wood.
Attorney Smith submitted composite exhibits.
Code Enforcement 2015-01-28 3
Member Schultz moved to enter an order requiring the Respondent to correct the violations on
or before April 22, 2015. 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 Municipal Code Enforcement Board on January
28, 2015, 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 3 violations exist: exterior
surfaces and window and roof maintenance. A representative of the Respondent was present.
CONCLUSIONS OF LAW
The Respondent is in violation of the City of Clearwater Community Development Code Section
3-1502.113, 3-1052.C.3, 3-1502.C.4, 3-1502.D.1, 3-1502.D.3, & 3-1502.C.1, as referred to in the
Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall replace missing and torn screens in the
fascia/soffit area, repair roof on storage unit, replace rotted wood, remove visible mildew and
peeling and declining paint, and repaint the structure to comply with said Sections of the City of
Clearwater Community Development Code by April 22, 2015. If the Respondent does 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 Sections of the Code, the Respondent shall notify Inspector
Julie Phillips, 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
Code Enforcement 2015-01-28 4
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 January 2015, at Clearwater, Pinellas County, Florida.
4.3 Case 03-15 -Withdrawn
David Stillwell Jr.
2779 Dovewood St.
Fences/Exterior Storage— Phillips
Case 03-15 was withdrawn.
4.4 Case 04-15
Randy C Higgins
1615 Drew St.
Exterior Storage/Lot Clearing/Inoperative Vehicle - Fletcher
Property owner Randy Higgins admitted to the violations.
Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on
November 17 and December 18, 2014, following the first inspection. The 3 violations at 1615
Drew St. related to lot clearing, outdoor storage, and inoperative vehicles. Property photographs
on December 2 and December 18, 2014 showed the house's back yard had 3 small and large
trailer-like units that were inoperable and without tags as well as large quantities of debris and
household items stacked along the house and by the units. Her first contact with the property
owner was on October 6, 2014.
A neighbor said debris in the yard attracted rodents, raccoons, and opossums and
recommended that the property be cleaned.
Mr. Higgins said he allowed the tags on the trailers to expire because he was unsure if they
could remain onsite. He said he had removed most of the debris. He said tarps covered working
mopeds and the lawn mower. He said the plastic water tank was used for a pressure washer.
He said he stored tools in the trailers.
Inspector Fletcher said the units were used for storage; the City did not consider them to be
trailers as they did not have VINs (Vehicle Identification Numbers).
Mr. Higgins said he had put a trailer frame under one of the units and previously registered it
with the DMV (Department of Motor Vehicles) as a new trailer. He said he never was cited for
the trailers previously when they had valid tags. He said he was a single father.
Member Carothers 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 2015-01-28 5
Inspector Fletcher recommended compliance by February 27, 2015 or a fine of$100 per day
per violation be imposed. In response to a question, she said the U-Haul unit was larger than
storage sheds permitted in residential neighborhoods. Code Compliance Manager Terry Teunis
said the trailer units and trucks had to be removed to meet compliance.
It was recommended that the compliance date be extended to March 14, 2015.
Attorney Smith submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violation on or
before March 25, 2015. If the Respondent does not comply within the time specified, the Board
may order a fine of$100 per day for each day each violation continues to exist. The motion was
duly seconded. Members Schultz, Riordon, Carothers, Anuszkiewicz, and Chair Strickland
voted "Aye"; Members Johnson and Cole voted "Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on January
28, 2015, 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 3 violations exist: lot
clearing, outdoor storage, and inoperative vehicles. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Community Development Code
Section(s) 3-1502.G.2, 3-1503.113.7 & 3-1503.113.6, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall remove all debris and outdoor storage
from the exterior portion of the home's backyard and all vehicles must display current
registration, have inflated tires, and be operative to comply with said Sections of the City of
Clearwater Community Development Code by March 25, 2015. If the Respondent does 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 Sections of the Code, the Respondent shall notify Inspector
Vicki Fletcher, 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
Code Enforcement 2015-01-28 6
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 January 2015, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 34-14 Affidavit of Non-Compliance
Eddie A Whitfield & Thelmarie E Gunter
1511 Nelson Ave.
Residential Rental Business Tax Receipt— McMahan
5.2 Case 35-14 Affidavit of Non-Compliance
Eddie A Whitfield
1141 Engman St.
Residential Rental Business Tax Receipt— McMahan
5.3 Case 36-14 Affidavit of Non-Compliance
Eddie A Whitfield
1360 Mary L Rd.
Residential Rental Business Tax Receipt— McMahan
5.4 Case 62-13 Affidavit of Compliance
Thomas W. Martin
1267 Pierce Street
Public Health, Safety or Welfare Nuisance—Anderson
5.5 Case 21-14 Affidavit of Compliance
James & Debra Reffie
1498 Gulf-to-Bay Boulevard
Discontinued Signs/Sign Maint./Non-Conforming Signs/Exterior Surf./Graffiti
Prohibited/Parking Lot Surfaces —Weaver
Member Schultz moved to accept the Affidavits of Non-Compliance and issue the Orders
imposing fines for Cases 34-14, 35-14, and 36-14 and to accept the Affidavits of Compliance for
Cases 62-13 and 21-14. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS:
Code Enforcement 2015-01-28 7
6.1 Case 62-13 Request for Lien Reduction
Thomas W. Martin
1267 Pierce Street
Public Health, Safety or Welfare Nuisance—Anderson
Katherine Leavitt, representing Eagle Crest Realty, said there was a pending contract to sell the
property. She requested the lien be reduced to administration costs.
Inspector Matthew Anderson said the City recommended reducing the lien to administration
costs.
Member Schultz moved to enter an order reducing the lien amount for Case 62-13 to
administration costs of$1,160.40, 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 January 28, 2015, 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
December 18, 2013, as recorded in O.R. Book 18270, Pages 1250-1253, of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,160.40 payable to
the Petitioner by February 27, 2015. If the reduced fine is not paid within the time specified in
this Order, a lien in the original amount of$77,000 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 28th day of January 2015, at Clearwater, Pinellas County, Florida.
6.2 Election of Chair/Vice-Chair
Member Schultz moved to appoint Sue A. Johnson as Chair. The motion was duly seconded and
carried unanimously.
Member Riordon moved to appoint Wayne Carothers as Vice-Chair. The motion was duly
seconded and carried unanimously.
7. NUISANCE ABATEMENT LIEN FILINGS:
JOHN P CADDIGAN
TERESA J CADDIGAN
1253 GRENADA AVE PNU2014-00552
19-29-16-92358-007-0210 $429.00
Code Enforcement 2015-01-28 8
GREGORY GAINER
ERIC GAINER
1205 N GARDEN AVE PNU2014-00997
09-29-15-65466-000-0190 $551.00
OTIS GEORGE
PROCTOR, MINNIE EST
511 N GARDEN AVE PNU2014-01012
09-29-15-37422-002-0181 $340.00
OBERLIESEN, KATHRYN E EST
1305 BARRY ST PNU2014-01153
22-29-15-48924-003-0020 $269.25
CHRIS L MEYERDIRK
BRENDA P MEYERDIRK
200 S NIMBUS AVE PNU2014-01202
13-29-15-82530-006-0080 $269.25
AVRAHAM BENSIMON
309 S PEGASUS AVE PNU2014-01239
13-29-15-82602-002-0030 $480.00
TWANNA L CLARK
1384 TIOGA AVE PNU2014-01256
22-29-15-48978-006-0150 $290.00
RAYMOND J HERIE
1201 N GARDEN AVE PNU2014-01279
09-29-15-65466-000-0191 $417.00
DENNIS BUDDE
1408 TURNER ST PNU2014-01337
14-29-15-10854-006-0130 $220.00
PADDEN, JOSEPHINE THE
51 VERBENA ST PNU2014-01414
05-29-15-54666-023-0070 $364.48
FRANKLYN SEECHARAN
1355 S MADISON AVE PNU2014-01439
22-29-15-48978-009-0020 $311.00
BRITTA KOLAR
1742 SUNSET DR PNU2014-01500
Code Enforcement 2015-01-28 9
04- 29 -15- 61488- 012 -0020
$269.25
CASEY SIMMONS
612 S HILLCREST AVE
PNU2014 -01545
15- 29 -15- 22752 - 002 -0090
$581.00
KURT GALLENBERGER
MARITA ORTHUBER
2995 OVERHILL CT
PNU2014 -01586
17- 28 -16- 18655- 000 -0750
$526.00
NESTOR LIRA
59 ACACIA ST
PNU2014 -01606
05- 29 -15- 54666- 027 -0030
$269.25
LEOTTA, ROSARIA EST
2065 S DRUID CIR
PNU2014 -01641
13- 29 -15- 23922 - 000 -0020
$311.00
HUELSTER, JAMES F THE
SEMINOLE TRUST
908 SEMINOLE ST
PNU2014 -01705
10-29-15-69138-005-0110
$0.00
FREDDIE DANIELS
DOROTHY A DANIELS
1610 KINGS HIGHWAY
PNU2014 -01716
10- 29 -15- 69066 - 001 -0080
$1,020.00
CASEY SIMMONS
612 S HILLCREST AVE
PNU2014 -01753
15- 29 -15- 22752 - 002 -0090
$333.00
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN:
The meeting adjourned at 2:16 p.m.
Attest:
Chair
Municipal Code Enforcement Board
Secretary of the B
Code Enforcement 2015 -01 -28
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