04/22/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 22, 2015
Present: Chair Sue A. Johnson, Vice-Chair Wayne Carothers, Board Member James E.
Strickland, Board Member Sheila Cole, Board Member Duane Schultz, Board Member Michael
J. Riordon, Board Member Joseph A. Nycz
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 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 March 25, 2015 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Schultz 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 26-15
David R. & Gertrude W. Little
1734 Casey Jones Ct.
Tree Protection - Crandall
Property owner David Little admitted to the violation.
Inspector Ellen Crandall provided a PowerPoint presentation. A notice of violation was issued
on March 4, 2015, following the first inspection. The violation at 1734 Casey Jones Ct. relates to
a protected tree, a 26-inch live oak that was removed or caused to be removed without a permit.
Property photographs on December 11, 2014 showed a tree stump on the south property line
and chopped sections of the tree in the right-of-way.
Code Enforcement 2015-04-22 1
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 Crandall recommended the Respondent pay a fine of$250 within 14 days.
Discussion ensued with concerns expressed that the contractor, not the property owner, should
have been responsible for the fine and the fine was too high.
Inspector Crandall said the contractor was ordered to appear in County Court. The tree did not
fit the City's definition of a hazardous tree.
Assistant City Attorney Matt Smith said the City's evaluation method valued the tree at $1,250;
however staff recommended a lower fine.
Mr. Little said the fine was fair.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to pay a fine of$250 by
May 6, 2015. The motion was duly seconded. Members Carothers, Riordon, Nycz and Chair
Johnson voted "Aye"; Members Cole and Shultz voted "Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on April 22,
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 1 violation exists: a
protected tree, a 26-inch live oak, was removed or caused to be removed without a permit. The
Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1205.A, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall pay a fine of$250.00 by March 6, 2015.
If the Respondent(s) fails/fail to pay the fine within the time specified, a certified copy of the
Order imposing a fine of$250.00 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 2015-04-22 2
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 April 2015, at Clearwater, Pinellas County, Florida.
4.2 Case 27-15
George Paitakis
407 S Hillcrest Ave.
Delinquent BTR - McMahan
No one was present to represent the Respondent.
Inspector Janet McMahan provided a PowerPoint presentation. Notices of violation were issued
on June 26 and December 3, 2014, following the first inspection. The violation at 407 S Hillcrest
Avenue relates to a delinquent Residential Rental Business Tax Receipt for FY (Fiscal Year)
2012/13, 2013/14, and 2014/15. Property photographs on December 3, 2014 and April 9, 2015
showed the front of the property; one duplex unit was rented. A screenshot of the Pinellas
County Tax Collector's Real Estate Account listed the same Princeton, NJ home address the
City used to contact the Respondent. A City utility printout for 407 S. Hillcrest Avenue showed
domestic water service for the property's tenant from February 2013 through March 2015.
Inspector McMahan said she spoke twice with the tenant, who lived in the duplex since 2009.
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 McMahan recommended compliance by May 7, 2015 or a fine of$125 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 May 7, 2015. If the Respondent does not comply within the time specified, the Board
may order a fine of$125 per day for each day the violation continues to exist. The motion was
duly seconded and carried unanimously.
Code Enforcement 2015-04-22 3
This case came before the City of Clearwater Municipal Code Enforcement Board on April 22,
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 1 violation exists: The
Residential Rental Business Tax Receipt is delinquent. The Respondent(s) was/were not
present
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of Sections 29.40(1) of the Clearwater Code of
Ordinances and 3-2302 of the Clearwater City Community Development Code, as referred to in
the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall submit$181.17 to the City of
Clearwater to obtain Residential Rental Business Tax Receipts for FY (Fiscal Year) 2012/13,
2013/14, and 2014/15 to comply with said Section(s) of the City of Clearwater Code of
Ordinances and Community Development Code by May 7, 2015. If the Respondent(s) does/do
not comply within the time specified, the Board may order a fine of$125.00 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 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.
Code Enforcement 2015-04-22 4
DONE AND ORDERED this 22nd day of April 2015, at Clearwater, Pinellas County, Florida.
4.3 Case 28-15
Zahid Roy
700 Minnesota Dr.
Commercial Vehicle in Res Zoning District/Large Vehicles in Res Zoning District/Parking
on Unpaved Area - Devol
Property owner Zahid Roy denied the violation. He said according to Code he could park the
trailer behind a 6-foot fence; the trailer had been onsite for 9 or 10 months.
Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on
November 17 and December 8, 2014 and January 8, 2015, following the first inspection. The
violation at 700 Minnesota Drive relates to a commercial vehicle parked in a residential zoning
district on unpaved land. Property photographs on October 10, 2014 showed a 6-foot fence and
behind it, the top of a commercial vehicle visible from the street. Property photographs on
February 11, 2015 showed the commercial vehicle, visible through a chain link fence from the
neighbor's property to the rear. The commercial vehicle, a trailer with at least 3 windows, 2
doors, and a front hitch and similar to ones used at work sites, was on wheels parked on
unpaved sand. Property photographs on February 21, 2015 showed the entire commercial
vehicle visible from another neighbor's property. Inspector Devol said she spoke with property
owner Mr. Roy regarding the vehicle in October.
Mr. Roy said since the trailer did not have a tag and could not be driven, it was not a
commercial vehicle or a truck. He said Code permitted 25-foot boat trailers in residential areas.
He said before he moved the trailer onto his property, Code Enforcement had suggested he
could park a large RV behind his house if it was not visible from the street. He said Code did not
list a maximum length for trailers; therefore, his trailer did not violate Code. He accused the
inspector of trespassing to take photographs. He said he stored personal tools in the trailer.
In response to questions, Inspector Devol said she had responded to a neighbor's complaint.
The vehicle was not a RV or accessory structure. The commercial designation related to the
vehicle's size. At more than 7 feet in height and 20 feet in length, the vehicle was similar in size
to a semi-tractor trailer. The vehicle was stored on a corner lot and was visible from neighboring
properties.
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 Devol recommended compliance by May 6, 2015 or a fine of$100 per day be
imposed.
Mr. Roy said he was trying to move the trailer to a commercial warehouse but was having
difficulty obtaining an occupational license. He said he was in the middle of finding a location but
would be out of the country from June to September. He said he would move the trailer when he
returned in September.
Code Enforcement 2015-04-22 5
Code Compliance Manager Terry Teunis said the City opposed extending the compliance date.
Staff had dealt with the trailer, which violated Code, since October. When staff relayed
information to the property owner regarding the violation, Mr. Roy continued to argue that the
trailer was not in violation.
Concern was expressed the trailer had been on the property at least 6 months.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before May 15, 2015. 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.
Mr. Roy said he had been targeted and harassed by Code Enforcement since he ran for office.
He said the trailer was not a commercial vehicle. He said he could not comply as he was leaving
the country in mid May.
This case came before the City of Clearwater Municipal Code Enforcement Board on April 22,
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 1 violation exists: A
commercial vehicle is parked in a residential zoning district on unpaved land. The Respondent
was present.
CONCLUSIONS OF LAW
The Respondent is in violation of Sections 3-1407.A.4.a, 3-1407.A.4.b, and 3-1407.A.7 of the
Clearwater City Community Development Code, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall removed the commercial vehicle from the
residential property to comply with said Sections of the City of Clearwater Community
Development Code by May 15, 2015. If the Respondent does 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 Sections of the Code, the Respondent shall notify Inspector
Diane Devol, 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 2015-04-22 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 22nd day of April 2015, at Clearwater, Pinellas County, Florida.
4.4 Case 29-15
Andrew Vazquez
739 Eldorado Avenue
Short Term Rental — Phillips
No one was present to represent the Respondent.
Inspector Julie Phillips said all of today's Short Term Rental cases were complaint generated.
Inspector Phillips provided a PowerPoint presentation. A notice of violation was issued on
January 31, 2015, following the first inspection. The violation at 739 Eldorado Avenue relates to
an illegal short term rental advertised on numerous websites. A property photograph on
February 19, 2015 showed the front of the house. Prima facie evidence: 1) March 4, 2015
screenshot of HotPad website offered property for rent, advertising weekly and monthly rates
and 7-night minimum; 2) March 4, 2015 screenshot of Craig's List website offered property for
rent, advertising weekly rates; 3) March 4, 2015 screenshot of FlipKey website offered property,
"Paradise Palms," for rent, advertising nightly rate; 4) March 10, 2015 screenshot of FlipKey
website offered property for rent, advertising nightly, weekly, and monthly rates; 5) April 21,
2015 screenshot of Belloise Realty Vacation Rentals website offered property for rent,
advertising monthly rate; 6) April 21, 2015 screenshot of Executive Preferred Properties website
offered property for rent, advertising monthly rate; and 6)April 21, 2015 screenshot of
Clearwater Beach Rentals website offered property for rent, advertising monthly rate. Inspector
Phillips said the property was in compliance and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Schultz moved to find the Respondent was in violation of the City of Clearwater Code
as referred to in the affidavit in this case and 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 for each day the violation continues to exist. The motion was duly seconded and carried
unanimously.
Code Enforcement 2015-04-22 7
This case came before the City of Clearwater Municipal Code Enforcement Board on April 22,
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 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.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Community Development Code
Section(s) 1-1043 & 3-919 as referred to 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 the Respondent(s) repeats/repeat the violation referenced herein within five
years, the Board may order the Respondent(s)to pay a fine of up to $500.00 for each day the
repeat violation continues, beginning with the date the notice of violation is issued.
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 to the
Circuit Court of Pinellas County within 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 22nd day of April 2015, at Clearwater, Pinellas County, Florida.
4.5 Case 30-15
Anthony Cina
823 Eldorado Ave.
Short Term Rental - Phillips
No one was present to represent the Respondent.
Code Enforcement 2015-04-22 8
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on
January 6, 2015, following the first inspection. The violation at 823 Eldorado Avenue relates to
an illegal short term rental advertised on numerous websites. Inspector Phillips said she spoke
with a tenant on February 5, 2015. Property photographs on January 7, February 5, March 4,
and April 10, 2015 showed the front of the house and an assortment of vehicles parked in the
driveway. Prima facie evidence: 1) March 4, 2015 screenshot of HomeAway website offered
property for rent, advertising weekly rate; 2) March 4, 2015 screenshot of VRBO website offered
property for rent, advertising weekly and monthly rates and offering a discount for a minimum 14-
day stay; 3) March 4, 2015 screenshot of VRBO website listing its advertising rates; 4)April 21
2015 screenshot of Belloise Realty Vacation Rentals website offered property for rent,
advertising monthly rate; 5) April 21, 2015 screenshot of FlipKey website offered property for
rent, advertising monthly rate; and 6) April 21, 2015 screenshot of TripAdvisor website offered
property for rent, advertising monthly rate. Inspector Phillips said the property was in
compliance and requested a declaration of violation.
Concern was expressed that BTR (Business Tax Receipt) applications for many short-term
rentals had fraudulently misstated the length of rentals.
Attorney Smith submitted composite exhibits.
Member Carothers moved to find the Respondent was in violation of the City of Clearwater
Code as referred to in the affidavit in this case and 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 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 April 22,
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 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.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Community Development Code
Section(s) 1-104.13 & 3-919 as referred to 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 the Respondent(s) repeats/repeat the violation referenced herein within five
years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the
repeat violation continues, beginning with the date the notice of violation is issued.
Code Enforcement 2015-04-22 9
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 to the
Circuit Court of Pinellas County within 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 22nd day of April 2015, at Clearwater, Pinellas County, Florida.
4.6 Case 31-15
Amstin LLC
940 Eldorado Ave.
Short Term Rental - Phillips
No one was present to represent the Respondent.
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on
February 20, 2015, following the first inspection. The violation at 940 Eldorado Avenue relates
to an illegal short term rental advertised on numerous websites. Property photographs on
February 19, 2015 showed the front of the property. Prima facie evidence: 1) February 11, 2015
screenshot of HomeAway website offered property for rent, advertising weekly rate and
displaying interior photos; 2) February 12, 2015 screenshot of HomeAway website offered
property for rent, advertising a weekly rate, and a calendar overlap, showing availability for
short-term rentals; 3) February 12, 2015 screenshot of HomeAway website listing its advertising
rates; 4) Screenshot from VRBO website offered property for rent, advertising monthly and
weekly rates, and a customer review for a 2-week stay in July 2014; 5) March 30, 2015
screenshot from VRBO website offered property for rent, advertising monthly rates and a
calendar overlap showing availability for short-term rentals; 6) March 30, 2015 screenshot of
VRBO website listing its advertising rates; 7) March 30, 2015 screenshot of Homeaway website,
offered property for rent, advertising monthly and weekly rates; calendar did not show
availability for short-term rentals; 8) April 21, 2015 Homeaway website offered property for rent,
advertising monthly rate and monthly minimum stay; and 9) April 21, 2015 screenshot from
VRBO website offered property for rent, advertising monthly rate. Inspector Phillips said the
property was in compliance and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
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 and 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
Code Enforcement 2015-04-22 10
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 April 22,
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 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.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Community Development Code
Section(s) 1-1043 & 3-919 as referred to 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 the Respondent(s) repeats/repeat the violation referenced herein within five
years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the
repeat violation continues, beginning with the date the notice of violation is issued.
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 to the
Circuit Court of Pinellas County within 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 22nd day of April 2015, at Clearwater, Pinellas County, Florida.
4.7 Case 32-15
Andrew Vazquez
764 Mandalay Ave.
Short Term Rental - Phillips
No one was present to represent the Respondent.
Code Enforcement 2015-04-22 11
In response to a request that staff identify local firms that manage short-term rentals before the
board, Inspector Phillips said she would defer to the Legal Department for a recommendation.
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on
February 2, 2015, following the first inspection. The violation at 764 Mandalay Avenue relates to
an illegal short term rental advertised on numerous websites. A property photograph on
February 19, 2015 showed the front of the house and property photographs on March 10, 2015
showed vehicles with Michigan plates parked in the driveway. Prima facie evidence: 1) February
19, 2015 screenshots of FlipKey website offered property for rent, advertising nightly rate with 3-
night minimum, and a calendar overlap, showing availability for short-term rentals; 2) February
19, 2015 screenshot of FlipKey website listing its advertising rates; 3) March 11, 2015
screenshots of TripAdvisor website offered property for rent, listing property as "Coconut Breeze
IV," and advertising nightly, weekly, and monthly rates with a 30-day minimum, and a calendar
overlap, showing availability for short-term rentals; and 4) April 21, 2015 screenshots of
Vacationhomes website offered property for rent, listing property as "Coconut Breeze IV," and
advertising nightly rates.
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 Phillips recommended compliance by May 2, 2015 or a fine of$250 per day be
imposed. In response to a question, Inspector Phillips said staff could only rent a property short-
term if it was advertised on the internet. Staff notices property owners who advertise short-term
rentals on the Internet and provides education re Code restrictions. Concern was expressed that
property owners and renters could communicate apart from the internet and schedule short-
term rentals.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before May 2, 2015. If the Respondent does not comply within the time specified, the Board
may order a fine of$250 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 April 22,
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 1 violation exists: an
illegal short-term rental advertised on the web. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
Code Enforcement 2015-04-22 12
The Respondent(s) is/are in violation of Sections 1-104.113 & 3-919 of the Clearwater City
Community Development Code, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove from all websites all daily and
weekly rates re this property and adjust all websites re this property to acknowledge the 31-day
rental requirement or one calendar month, whichever is less, to comply with said Section(s) of
the City of Clearwater Community Development Code by May 2, 2015. If the Respondent(s)
does/do not comply within the time specified, the Board may order a fine of$250.00 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 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 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 April 2015, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 38-14 Affidavit of Non-Compliance
Warren A. Stevens & Stephen J. Steller
601 N Ft. Harrison Ave.
Public ROW/Exterior Surfaces - Devol
5.2 Case 01-15 Affidavit of Non-Compliance
Williams Asset Conversion Inc Tre
1738 N Ft Harrison Ave.
Exterior Surfaces/Door &Window Openings/Non-Conforming Signs/Discontinued Signs
—Weaver
Code Enforcement 2015-04-22 13
5.3 Case 12-15 Affidavit of Non-Compliance
Janet Bombard & Michael Trapuzzano
964 Mandalay Ave.
Short Term Rental — Lopez
5.4 Case 66-13 Affidavit of Compliance
M & M Property Group, Inc.
1488 Gulf-to-Bay Boulevard
Inoperative Vehicles— Brown
5.5 Case 31-14 Affidavit of Compliance
Madisyn Park LLC
1410 Park St.
BTR Required/Delinquent BTR— McMahan
5.6 Case 38-14 Affidavit of Compliance
Warren A. Stevens & Stephen J. Steller
601 N Ft. Harrison Ave.
Graffiti — Devol
5.7 Case 07-15 Affidavit of Compliance
Glen A. Shaw
1615 N. Osceola Ave.
Exterior Storage/Sidewalks & ROW— Devol
5.8 Case 08-15 Affidavit of Compliance
Ellen & Shane Sutherland
840 Bruce Ave.
Short Term Rental — Phillips
5.9 Case 12-15 Affidavit of Compliance
Janet Bombard & Michael Trapuzzano
964 Mandalay Ave.
Short Term Rental — Lopez
5.10 Case 25-15 Affidavit of Compliance
Antonio J Pinarreta
910 Lantana Ave.
Short Term Rental — Phillips
Member Schultz moved to accept the Affidavits of Non-Compliance and issue the Orders
imposing fines for Cases 38-14, 01-15, and 12-15 and to accept the Affidavits of Compliance for
Cases 66-13, 31-14, 38-14, 07-15, 08-15, 12-15, and 25-15. The motion was duly seconded
and carried unanimously.
6. NEW BUSINESS:
Code Enforcement 2015-04-22 14
6.1 Case 25-14 Request for Lien Reduction
Federal Home Loan Mtg Corp.
2178 Campus Dr.
Fences &Walls — Brown
Realtor Mark Lucas said in October 2013, his firm received paperwork re foreclosure of the
subject property and began receiving notifications of violations at the property in December
2013. He said the property could not be repaired until the Court approved a personal property
eviction in February 2015. He said repairs were made and the property was under contract and
scheduled to close on June 3, 2015. He requested that the lien amount be reduced.
Attorney for the Board Andy Salzman said administration costs totaled $1,405.20. The lien
amount totaled $9,700. Mr. Teunis said the City supported the request.
Member Carothers moved to enter an order reducing the lien amount for Case 25-14 to
administration costs of$1,405.20 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 considered the Respondent's request for
reconsideration of a lien at a hearing held on April 22, 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 the lien filed by the Respondent(s) and considering
that the property is now in compliance, it is evident that a reduction in the amount of the lien is
appropriate in the above-referenced case.
It is the Order of this Board that the lien previously imposed in the Order of the Board dated
October 22, 2014, as recorded in O.R. Book 18731, Pages 599-602, of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,405.20 payable to the
Petitioner by May 22, 2015. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of$9,700.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of April 2015, at Clearwater, Pinellas County, Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
James Gray PNU2014-01929
1516 Carmel Ave.
21-29-15-83052-002-0040 $303.30
Stephen Preza PNU2015-00089
1266 Santa Rosa St.
15-29-15-38574-009-0150 $301.00
Code Enforcement 2015-04-22 15
Kenneth Shea
PNU2015 -00093
802 Jurgens St.
10- 29 -15- 00000 - 230 -0200
$560.00
Kenneth Shea
PNU2015 -00094
802 Jurgens St.
10- 29 -15- 00000 - 230 -0200
$269.25
Avraham Bensimon
PNU2015 -00130
309 S Pegasus Ave.
13- 29 -15- 82602- 002 -0030
$775.00
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN:
The meeting adjourned at 2:42 p.m.
Attest:
Chair
Municipal ' ode Enforcement Board
Secretary of the
Code Enforcement 2015 -04 -22 16