06/24/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
June 24, 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 May 27, 2015 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Cole moved to approve the minutes of the May 27, 2015 Municipal Code Enforcement
Board meeting as submitted in written summation. 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 37-14—Status Check (Rgstd. 12/17/14) —Continue to 7/22/15
703 Jones Street LLC
703 Jones St.
Door &Window Openings/Exterior Surfaces — Devol
Case 37-14 was continued automatically to July 22, 2015.
4.2 Case 42-15—Continue to 7/22/15
Waverly Manor Apts Co-Op
224 Waverly Way Common Area
Exterior Surfaces — Fletcher
Case 42-15 was continued automatically to July 22, 2015.
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4.3 Case 43-15—Continue to 7/22/15
Herculano De La Cruz
107 N Duncan Ave.
Lot Clearing/Hauling Trailer in ROW/Exterior Storage — Fletcher
Case 43-15 was continued automatically to July 22, 2015.
4.4 Case 44-15—Continue to 7/22/15
Edwart& Elena Papadami
307 Avanda Ct.
Parking Lot Surfaces — Fletcher
Case 44-15 was continued automatically to July 22, 2015.
4.5 Case 45-15— Continue to 7/22/15
309 Avanda Land Trust
309 Avanda Ct.
Parking Lot Surfaces/Exterior Surfaces— Fletcher
Case 45-15 was continued automatically to July 22, 2015.
4.6 Case 46-15—Continue to 7/22115
311 Avanda Land Trust
311 Avanda Ct.
Parking Lot Surfaces/Exterior Surfaces - Fletcher
Case 46-15 was continued automatically to July 22, 2015.
5. UNFINISHED BUSINESS
5.1 Case 32-14 Affidavit of Non-Compliance
Susanne C Dinkins
1163 Belleair Rd.
Installed Garage w/o Proper Permits/Inspections - Swinton
5.2 Case 19-15 Affidavit of Non-Compliance
608 Ermine Trust
Bay Trust Services LLC Tre
608 Ermine St.
Exterior Storage/Exterior Surfaces/RV Storage— Devol
5.3 Case 01-13 Affidavit of Compliance
Federal Asset Mgmt LLC
696 Snug Isl
Roof Maintenance/Clean Roof— Phillips
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5.4 Case 02-13 Affidavit of Compliance
Federal Asset Mgmt LLC
696 Snug Isl
Docks — Phillips
5.5 Case 10-14 Affidavit of Compliance
Severino Gonzales Hernandez
Juana Flores Lugo
1345 N Highland Ave.
Attached Signs in Non-Residential District/Signage without Permit—Weaver
5.6 Case 38-14 Affidavit of Compliance
Warren A Stevens & Stephen J Steller
1004 Charles St.
Sidewalks & Public ROW/Exterior Surfaces— Devol
5.7 Case 32-15 Affidavit of Compliance
Andrew Vazquez
764 Mandalay Ave.
Short Term Rental - Phillips
Member Schultz moved to accept the Affidavits of Compliance for Cases and 01-13, 02-13, 10-
14, 38-14, 32-15 and to accept the Affidavits of Non-Compliance and issue the Orders imposing
fines for Case 32-14 and 19-15. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS:
6.1 Case 40-12 — Lien Reduction Request
Paula Charles Est.
713 Karlyn Dr.
Public Health Safety or Welfare Nuisance/Door & Window Openings - Phillps
Alan Plager, of Berkshire Hathaway, said the property was assigned to him in May. He said all
violations were corrected; the property was sold. He requested a reduction in the fine to
administration costs.
Inspector Julie Phillips said the property was in compliance. The City supported reduction of the
fine to administration costs.
Attorney for the Board Andy Salzman said administration costs were $1,535.20, the fine
exceeded $99,000. The City filed the lien on October 24, 2012.
Member Riordon moved to enter an order reducing the fine for Case 40-12 to administration
costs of$1,535.20, payable within 60 days or the lien will revert to its original amount. The
motion was duly seconded and carried unanimously.
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The Municipal Code Enforcement Board considered the Respondent's request for
reconsideration of a lien at a hearing held on June 24, 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 24, 2012, as recorded in O.R. Book 17769, Pages 2378 -2380, of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of $1,535.20 payable to the
Petitioner by August 23, 2015. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of $100,400.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 24th day of June 2015, at Clearwater, Pinellas County, Florida.
7. NUISANCE ABATEMENT LIEN FILING:
Tarpon IV LLC
1136 Tangerine St.
10- 29 -15- 26892- 007 -0110
PNU2015 -00184
$389.77
Member Schultz moved to accept the Nuisance Abatement Lien filing. The motion was duly
seconded and carried unanimously.
8. ADJOURN:
The meeting adjourned at 1:38 p.m.
Attest:
l 1`
Chair
Municipal Code Enforcement Board
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