07/22/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
July 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 minutes of the June 24, 2015 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Schultz moved to approve minutes of the June 24, 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 Rqst'd 12/17/14— Cont'd from 6/24/15
703 Jones Street LLC
703 Jones St.
Door &Window Openings/Exterior Surfaces — Devol
No one was present to represent the Respondent.
Inspector Diane Devol provided a PowerPoint presentation. On December 17, 2014, the MCEB
(Municipal Code Enforcement Board) found this property to be in violation of the Code. Based
on statements by the Respondent's representative re difficulties in obtaining water service, the
Board scheduled this Status Check.
Property photographs on July 21, 2015 showed the building's north side, part of its west side,
and the loading dock extension were repainted; bay overhang repairs were incomplete. The bay
facing Jones Street was partially painted, the side abutting the railroad tracks was pressure
Code Enforcement 2015-07-22 1
washed but not repainted, and the bay door was boarded. Photographs of the building's south
side showed little change since 2014.
Inspector Devol said the property had trash and debris and was not maintained. The
Respondent's representative was out of touch with staff and did not sign for certified mailings.
Her original recommendation was for compliance by February 16, 2015. Since compliance had
not been met, she recommended compliance be effective immediately and a fine of$200 per
day per violation be imposed. No water was used when the utility was turned on in late March.
Water was used while the utility was on from May 26 to June 4, 2015.
It was recommended the compliance date be extended 60 days as the air-conditioning system
was stolen and it took several months to locate the water main and obtain water service to
pressure wash the exterior.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violations on
or before July 22, 2015. If the Respondent does not comply within the time specified, the Board
may order a fine of$200 per day for each day the violations continue to exist. The motion was
duly seconded. Members Carothers, Strickland, Cole, Schultz, Nycz, and Chair Johnson voted
"Aye"; Member Riordon voted "Nay." Motion carried.
This case first came before the City of Clearwater Municipal Code Enforcement Board on
December 17, 2014, after due notice to the Respondent, and having heard testimony under
oath and received evidence, the Board issues the following Findings of Fact and Conclusions of
Law:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 2 violations exist: door
and window openings and exterior surfaces. Property owner representative Jaggers Keene was
present.
CONCLUSIONS OF LAW
The Respondent is in violation the City of Clearwater Community Development Code Sections
3-1502.C.1, 3-1502.C.3 & 3-1502.6, as referred to in the Affidavit in this case. The Board
continued its decision re compliance to June 24, 2015 and subsequently to July 22, 2015.
This case again came before the City of Clearwater Municipal Code Enforcement Board on July
22, 2015, after due notice to the Respondent. Property owner representative Jaggers Keene
was not present.
Having heard testimony under oath and received evidence, the Board issues the following
Order:
FINDINGS OF FACT
Code Enforcement 2015-07-22 2
Based upon the testimony and evidence received, it is evident that 2 violations continue to
exist: door and window openings and exterior surfaces
CONCLUSIONS OF LAW
The Respondent continues to be in violation the City of Clearwater Community Development
Code Sections 3-1502.C.1, 3-1502.C.3 & 3-1502.13, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall remove all boards that cover the windows
and doors, repair exterior walls where needed, and clean and paint all exterior surfaces to
comply with said Sections of the Code by the deadline, July 22, 2015, and the fine is $200.00
per day for each and every day the violations continue past the date set for compliance.
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.
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 July 2015, at Clearwater, Pinellas County, Florida.
4.2 Case 38-15—Cont'd from 5/27/15. Cont'd to 8/26/15
Josephine Padden Tre
51 Verbena St.
Landscape Maintenance/Lot Clearing — Phillips
Case 38-15 was continued automatically to August 26, 2015.
4.3 Case 39-15—Cont'd from 5/27/15
David & Aileen Bair
1 Windward Is
Lot Clearing/Public Nuisance Condition/Exterior Storage— Phillips
Code Enforcement 2015-07-22 3
Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on
February 11 and April 15, 2015, following inspection. The 3 violations at 1 Windward Island
related to a nuisance property, abandoned building, lot clearing, and outdoor storage. Property
photographs on April 15, 2015 showed a partially razed structure, construction debris, and a
hazardous, unsecured swimming pool with algae and opaque water. Property photographs on
April 17 and July 20, 2015 showed construction debris and a fence enclosing the swimming pool
and remaining structure.
Attorney Brian Aungst, representing the Respondents, reviewed the site's history, reporting the
property owners were in litigation with the City. He said the July 14, 2015 email from Assistant
City Attorney Matt Smith indicated the City agreed to not raise any defense of standing or
spoliation of evidence if the property owners removed construction debris, demolished and
removed the remaining structure and foundation, replacing it with sod where necessary,
maintained the property against overgrowth, and kept the swimming pool secured.
Jerry Garrity spoke in support of the compliance agreement.
Inspector Phillips recommended compliance within 60 days or a fine of$150 per day per
violation be imposed.
Attorney Smith submitted composite exhibits.
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.
Member Strickland moved to enter an order requiring the Respondent to correct the violations
on or before September 20, 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 July 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 3 violations exist:
abandoned building in public nuisance condition, lot clearing, and exterior storage. A
representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1503.113.7, 3-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.5, 3-1503.113.9, 3-1502.G.1,
3-1502.G.3, & 3-1502.G.2, as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2015-07-22 4
It is the Order of the Board that the Respondent(s) shall remove construction debris, demolish
and remove the remaining structure and foundation, replacing sod where necessary, maintain
the property against overgrowth, and keep the swimming pool secure to comply with said
Section(s) of the Code by the deadline, September 20, 2015. The fine is $150.00 per day per
violation for each and every day each violation continues past the date set for compliance.
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 July 2015, at Clearwater, Pinellas County, Florida.
4.4 Case 42-15—Cont'd from 6/24115-Withdrawn
Waverly Manor Apts Co-Op
224 Waverly Way Common Area
Exterior Surfaces — Fletcher
Case 42-15 was withdrawn.
4.5 Case 43-15—Cont'd from 6/24/15. Cont'd to 8/26/15
Herculano De La Cruz
107 N Duncan Ave.
Lot Clearing/Hauling Trailer in ROW/Exterior Storage — Fletcher
Case 43-15 was continued automatically to August 26, 2015.
4.6 Case 44-15—Cont'd from 6/24/15. Cont'd to 8/26/15
Edwart& Elena Papadami
307 Avanda Ct.
Parking Lot Surfaces — Fletcher
Case 44-15 was continued automatically to August 26, 2015.
Code Enforcement 2015-07-22 5
4.7 Case 45-15—Cont'd from 6/24/15. Cont'd to 8/26/15
309 Avanda Land Trust
309 Avanda Ct.
Parking Lot Surfaces/Exterior Surfaces— Fletcher
Case 45-15 was continued automatically to August 26, 2015.
4.8 Case 46-15—Cont'd from 6/24/15. Cont'd to 8/26/15
311 Avanda Land Trust
311 Avanda Ct.
Parking Lot Surfaces/Exterior Surfaces— Fletcher
Case 46-15 was continued automatically to August 26, 2015.
4.9 Case 47-15
Constance & Trevor Toenjes
859 Bruce Ave.
Ext Surfaces & Lot Clearing — Phillips
Property owner Trevor Toenjes admitted to the violations.
Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on
March 13 and 14, and April 28, 2015, following inspections. The 2 violations at 859 Bruce
Avenue related to exterior surfaces and overgrowth/debris. Property photographs on April 20,
2015 showed construction debris in the driveway, mildew and peeling paint on exterior surfaces,
dense vegetation on the ground, and overgrown vegetation encroaching on public sidewalk.
Texture coating on exterior surfaces had failed and was peeling; pressure washing would
damage the concrete. Property photographs on April 28, 2015 showed peeling texture coating
and vegetation encroaching on public sidewalk. Photographs on July 10, 2015 showed work
had begun to remove the coating from exterior surfaces. Photographs on July 21, 2015 showed
foliage cleared from sidewalk, dead vegetation on the ground, and texture coating peeling off
exterior surfaces, which needed to be painted. Some construction debris was removed.
Inspector Phillips recommended compliance by September 21, 2015 or a fine of$100 per day
per violation be imposed.
Mr. Toenjes requested 90 days due to the difficulty of removing the texture coating. He said he
requested 3 quotes; each declined the job due to task complexities. He said to remediate the
exterior, he had to hand scrape the house, level, stucco, and seal the exterior, and then paint it.
He said inclement weather had delayed progress as he only could work on it on weekends. He
said he could clear the landscape. It was recommended that he contact the company that
applied the texture coating for redress.
Attorney Smith submitted composite exhibits.
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.
Member Schultz moved to enter an order requiring the Respondent to correct the violations on
or before October 20, 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 and carried unanimously.
Code Enforcement 2015-07-22 6
This case came before the City of Clearwater Municipal Code Enforcement Board on July 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 2 violations exist: exterior
surfaces and overgrowth/debris. Property owner Trevor Toenjes was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1502.113, 3-1503.113.7, 3-1503.113.10, & 3-1503.113.8, as referred to in the Affidavit in
this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove all visible mildew and peeling/
declining paint, repaint the structure, remove all overgrowth and dead vegetation, keep all
pedestrian sidewalk clear of overgrowth, and maintain lawn on a regular basis to comply with
said Sections of the Code by the deadline, October 20, 2015. The fine is $100.00 per day per
violation for each and every day each violation continues past the date set for compliance.
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 July 2015, at Clearwater, Pinellas County, Florida.
Code Enforcement 2015-07-22 7
4.10 Case 48-15
Louis Developments LLC
462 East Shore Dr.
Parking Permit/Parking Surfaces— Phillips
AND
4.11 Case 49-15
Louis Developments LLC
463 East Shore Dr.
Parking Permit/Parking Surfaces— Phillips
Respondent representative Attorney Brian Aungst said the Respondent contested the violations.
Inspector Julie Phillips provided a PowerPoint presentation re Case 48-15. A notice of violation
was issued on May 15, 2015, following the first inspection. The 2 violations at 462 East Shore
Drive related to the property lacking a temporary use permit for the commercial parking lot and
parking vehicles on an unpaved surface. A property photograph on May 15, 2015 showed
vehicles parked on the unpaved vacant lot. Property photographs on May 28 and July 10, 2015
showed vehicles parked on the unpaved vacant property and a sign by the street reading
"Pelican Walk Plaza Parking Only - Free -All Others Will Be Towed."
The MCEB Municipal Code Enforcement Board recessed from 2:12 to 2:18 p.m.
In response to a Board suggestion, Attorney Aungst did not object to the Board hearing Cases
48-15 and 49-15 together; the properties were across the street from each other.
Attorney Aungst distributed an exhibit and discussed Beach by Design and the shortage of
beach parking. He said amendments to the Development Agreement between the City of
Clearwater and Paradise Ventures to construct a parking garage on Paradise Ventures' parking
lot behind Pelican Walk Plaza retail center will be presented for Community Development Board
and City Council approval in August. He said in the Development Agreement approved by
Council, the City agreed to assist in locating temporary parking for the retail center. He said the
subject properties provided temporary free parking for Pelican Walk Plaza tenants and
customers. He said it was premature to enforce the Code while approval of the Development
Agreement was ongoing. He requested that Code enforcement on the subject properties be
stayed for 3 months.
Attorney Aungst reviewed the 2012 Development Agreement to construct a hotel and parking lot
on the subject properties. Louis Developments LLC received construction financing in March
and was working to obtain permits by the August 29, 2015 deadline established by the City.
Roland Rogers, consultant for Louis Developments LLC, anticipated hotel and parking lot
construction would begin within 2 weeks of permit issuance. He said Paradise Ventures began
charging $25/day for parking on its lot. He said Louis Developments LLC had a 3-month
understanding agreement to provide temporary parking for Pelican Walk Plaza tenants and
customers until hotel construction began. He said Louis Developments LLC had applied for a
parking permit. He said the Brown Boxer paid the insurance for the subject properties so that
Pelican Walk Plaza employees and customers could park there for free.
Code Enforcement 2015-07-22 8
Assistant City Attorney Matt Smith said the Development Agreement between the City and
Paradise Ventures had no connection with Louis Developments LLC properties.
Taso Aanastapoulus, representing Paradise Ventures, anticipated construction of the parking
garage on the Paradise Ventures property would begin 2 weeks after permits were issued.
Attorney Aungst said MCEB Rules and Regulations indicated the board could consider hardship
and redevelopment plans when making a decision. He said temporary parking on the subject
properties would end by the October MCEB meeting. He said surface parking would be
constructed on one of the subject properties, beginning in September or October.
Resident William Day said the Brown Boxer paid substantial money to Louis Developments LLC
to park on its lots, which should have been paved when the previous structures were razed. He
said nearby residents had to deal with resulting dust, debris, and overgrown vegetation. He said
construction of the hotel still faced long delays. He said Louis Developments LLC was exploiting
the City by illegally parking vehicles on its lots.
Resident Linda Morton said the lots were dirty and eyesores, with weeds, temporary plastic
fence, and wooden stakes. She expressed safety concerns re inebriated drivers running over
barricades. She said lot attendants directed drivers to park in no-parking spots in front of her
house. She said dust from the lots left a bad taste in her mouth and aggravated health problems
for nearby residents and their guests. She said the City should not allow this use to continue.
Michael Buonos, Pelican Walk Plaza manager, said he separated the retail center parcel from
the parking lot parcel so that a parking garage agreement could be negotiated. He said his job
was to provide parking for Pelican Walk Plaza tenants and customers since Paradise Ventures
started charging for parking. He said the City offered no help in finding parking for Pelican Walk
Plaza except by providing 40 south beach parking passes during Spring Break. He said he
approached Louis Developments LLC re temporary parking on its vacant properties.
Planning & Development Director Michael Delk said the Board needed to determine if the
subject properties violated Code. MCEB Rules and Regulations permit the Board to consider
hardship issues and redevelopment plans when deliberating a fine/lien reduction, which was not
the subject of this hearing. The Pelican Walk Plaza and abutting parking lot were constructed for
each other's benefit. The City did not regulate rates at privately owned parking lots. Pelican
Walk Plaza employees had been scrambling for parking since Paradise Ventures began
imposing parking fees.
Mr. Delk said in the Development Agreement between the City and Paradise Ventures,
Clearwater agreed to assist with parking for Pelican Walk Plaza after parking garage
construction began; the City will honor that commitment. The City was not party to agreements
between Pelican Walk Plaza and Louis Developments LLC, which could obtain permits and
construct legal parking lots. Current use of the subject properties violated Code.
Discussion ensued. Concerns were expressed that Pelican Walk employees were subjected to
high parking rates, Paradise Ventures was profiting off of service workers, and the City allowed
significant development on the beach without considering service workers' parking needs.
Inspector Phillips recommended compliance by July 27, 2015 or a fine of$200 per day per
property be imposed.
Code Enforcement 2015-07-22 9
Attorney Aungst said construction of the Paradise Ventures parking garage likely would begin
soon after City Council approval of the modified Development Agreement in August. He said
separate approval allowed permits to be issued until August 29, 2015 to pave the Louis
Developments LLC lots. He said this temporary issue would resolve itself. He said a 90-day
delay was reasonable. He said use of the parking spaces on the Louis Developments LLC
property was important.
Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code
of Ordinances as referred to in the affidavits for Cases 48-15 and 49-15. The motion was duly
seconded and carried unanimously.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter 2 orders: 1) re Case 48-15, 462 East Shore Drive, requiring
Respondent to correct the violations on or before October 20, 2015. If Respondent does not
comply within the time specified, the Board may order a fine of$200 per day for each and every
day the violations continue to exist and 2) re Case 49-15, 463 East Shore Drive, requiring
Respondent to correct the violations on or before October 20, 2015. If Respondent does not
comply within the time specified, the Board may order a fine of$200 per day for each and every
day the violations continue to exist. The motion was duly seconded. Members Carothers,
Strickland, Schultz, Riordon, and Nycz, voted "Aye"; Member Cole and Chair Johnson voted
"Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on July 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 2 violations exist:
property lacks an active temporary use permit for a commercial parking lot and vehicles are
parking on an unapproved surface. A representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 1-104.6, 3-1407.A.7, 3-2103.L.1, 3-2103.L.2, 3-2103.L.3, 3-1403.A, 3-1403.6.1, &
3-1502.K.4, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall prohibit vehicles from parking on the
unapproved parking surface, unless authorized, to comply with said Sections of the Code by the
deadline, October 20, 2015. The fine is $200.00 per day for each and every day the violations
continue past the date set for compliance.
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
Code Enforcement 2015-07-22 10
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 July 2015, at Clearwater, Pinellas County, Florida.
AND
This case came before the City of Clearwater Municipal Code Enforcement Board on July 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 2 violations exist:
property lacks active temporary use permit for a commercial parking lot and vehicles are parking
on an unapproved surface. A representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 1-104.113, 3-1403.113.1, 3-1407.A.7, 3-2103.L.2, 3-2103.L.3, 3-1403.A, & 3-1502.K.4,
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall prohibit vehicles from parking on the
unapproved parking surface unless authorized, to comply with said Sections of the Code by the
deadline, October 20, 2015. The fine is $200.00 per day for each and every day the violations
continue past the date set for compliance.
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
Code Enforcement 2015-07-22 11
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 July 2015, at Clearwater, Pinellas County, Florida.
4.12 Case 50-15
Judith D. McCleskey
1308 Arden Ave.
Hazardous Tree— Crandall
Property owner Judith McCleskey admitted to the violation.
Inspector Ellen Crandall provided a PowerPoint presentation. A notice of violation was issued
on March 11, 2015, following the first inspection. The violation at 1308 Arden Avenue related to
a hazardous tree. A property photograph in July 2012 showed the ear tree had collapsed. The
property owner cleaned up the debris but did not remove the stump. Property photographs on
June 8, 2015 showed the stump was sprouting.
Inspector Crandall recommended compliance by August 11, 2015 or a fine of$200 per day be
imposed.
Ms. McCleskey said the tree had failed before the power company shut power to lines
entangled in the tree. She said she would cut the sprouts and treat the trunk to stop future
sprouting by July 29, 2015, but could not afford to remove the large tree trunk at this time. She
did not have a cost estimate for its removal.
Inspector Crandall said staff would work with the property owner. As sprouts will become
dangerous as they grow larger, she wanted them eliminated before they became hazardous.
The City had no funds to aid homeowners with tree removal.
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.
Attorney Smith submitted composite exhibits.
Code Enforcement 2015-07-22 12
Consensus was to schedule a Status Check for Case 50-15 on September 30, 2015.
This case came before the City of Clearwater Municipal Code Enforcement Board on July 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:
branches are sprouting from the stump of a failed ear tree. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1503.113.5 & 3-1503.113.9, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board to schedule a Status Check on September 30, 2015, at which time
the Board will make a decision re compliance.
DONE AND ORDERED this 22nd day of July 2015, at Clearwater, Pinellas County, Florida.
4.13 Case 51-15
National Storage 17 (Multi) LLC
18524 US Highway 19
Tree Protection —Crandall
No one was present to represent the Respondent.
Inspector Ellen Crandall provided a PowerPoint presentation. Notice of violation was issued on
June 22, 2015, following the first inspection. The 15 violations at 18524 US Highway 19 related
to removal of 14 trees, in violation of Condition 4 of the FLD 00-03-09 Flexible Development
Order, issued by the Community Development Board in 2000. Property photographs on May 27,
2015, which were provided by a neighbor, showed 6 crepe myrtles as tall as the structure's roof
line and 8 oak trees overshadowing the roof. Property photographs on May 28, 2015 showed
the trees had been removed and the stumps ground. Property photographs on July 22, 2015
showed Code-sized crepe myrtles and oak trees had been replanted in accordance with the
Flexible Development Order. The City was owed a $4,416 fine for the inch-for-inch deficit.
Inspector Crandall recommended compliance by the City receiving payment for the inch-for-inch
deficit fine by August 21, 2015 or an additional fine of$200 per day be imposed.
Attorney Smith submitted composite exhibits.
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.
Code Enforcement 2015-07-22 13
Member Riordon moved to enter an order requiring the Respondent to correct the violation by
ensuring that the City receives payment of the $4,416 inch-for-inch deficit fine on or before
August 21, 2015. If the Respondent does not comply within the time specified, the Board may
order an additional 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 July 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 15 violations existed: 14
trees were removed; property is out of compliance with Condition 4 of the Flexible Development
Order for FLD 00-03-09 issued in 2000 by the Community Development Board, i.e. "that the
oaks trees, crape myrtles, and viburnum hedge be planted along the west side of buildings #3
and #5, as shown on the landscape plan." Recently, the property owner replanted Code
compliant replacement trees, but to date, has not paid for the per-inch deficit related to the
trees' removal. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1205.A, 3-1205.D.1, 3-1205.D.3, & 1-104.113, as referred to in the Affidavit in this
case.
ORDER
It is the Order of the Board that the Respondent(s)shall pay for the inch-for-inch deficit, i.e.
$4,416.00 to comply with said Section(s)of the Code by the deadline, August 21, 2015. The fine
is $200.00 per day for each and every day payment for the inch-for-inch deficit is not received
by the City past the date set for 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
Code Enforcement 2015-07-22 14
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 July 2015, at Clearwater, Pinellas County, Florida.
4.14 Case 52-15
Direct Management Operations LLC
1305 Murray Ave.
Hazardous Tree— Crandall
Case 52-15 was withdrawn.
4.15 Case 53-15 -Withdrawn
Fikret & Edita Alicic
1433 S Belcher Rd. B-13
Residential Business Tax Receipt—Shawen
Case 53-15 was withdrawn.
4.16 Case 54-15—Cont'd to 8/20/15
James Enright
1423 Park St.
Delinquent Business Tax Receipt— McMahan
Case 54-15 was continued automatically to August 26, 2015.
4.17 Case 55-15 -Withdrawn
East Shore International Enterprises
64 Bay Esplanade
Business Tax Receipt Required- McMahan
Case 55-15 was withdrawn.
4.18 Case 56-15
Francis & Emily Robson
1225 Grove St.
Delinquent Business Tax Receipt— McMahan
No one was present to represent the Respondent.
Inspector Janet McMahan provided a PowerPoint presentation. Notices of violation were issued
on March 16 and May 21, 2015, following the first inspection. The violation at 1225 Grove Street
related to a residential rental Business Tax Receipt that was 2 years delinquent. Property
photographs on May 21 and July 10, 2015 showed the single-family residence. The City sent
the property owners 6 renewal notices plus a courtesy notice. The City received no response
from the property owners, who owed $102.39 for the Business Tax Receipts and late fees
through September 30, 2015.
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 July 31, 2015 or a fine of$100 per day be
imposed.
Code Enforcement 2015-07-22 15
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before July 31, 2015. 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 July 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 the City of Clearwater Community Development Code
Section(s) 29.40(1) & 3-2302, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain a Business Tax Receipt for FY
(Fiscal Year) 2013/14 and FY 2014/15 by payment of$102.39 to comply with said Section(s) of
the Code by the deadline, July 31, 2015. The fine is $100.00 per day for each and every day the
violation continues past the date set for compliance.
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 2015-07-22 16
DONE AND ORDERED this 22nd day of July 2015, at Clearwater, Pinellas County, Florida.
4.19 Case 57-15
Stephen & Sharon McKee
628 Fairwood Forest Dr.
Exterior Surfaces/Lot Clearing/Roof Maintenance/Fences &Walls — Devol
No one was present to represent the Respondent.
Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on
April 28 and May 27, 2015 following the first inspection. The 4 violations at 628 Fairwood Forest
Drive related to fences and walls, exterior surfaces, roof maintenance/clean roof, and lot
clearing/unmaintained right-of-way. Property photographs on July 20, 2015 showed significant
overgrowth, an overgrown right-of-way intruding on public sidewalk, banana palms blocking
sidewalk, rotten fascia on roof of carport that was near collapse, yard debris and items stored in
the carport, deteriorated siding with mildew and rot with some pieces falling off the structure,
and fencing falling in the backyard and leaning against the air-conditioning unit. Neighbors said
the property was vacant for several years. The property was not in foreclosure; the property
owners lived in West Virginia.
Member Strickland 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 August 31, 2015 or a fine of$100 per day per
each of 3 violations be imposed; the City would rectify the lot clearing violation via the nuisance
abatement process. Staff had no contact with the property owners; all notices were returned.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct 3 violations on
or before August 31, 2015. (The City shall rectify the lot clearing violation.) 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 July 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 4 violations exist: fences
and walls, exterior surfaces, roof maintenance/clean roof, and lot clearing/unmaintained right-of-
way. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
Code Enforcement 2015-07-22 17
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1502.113, 3-1503.113.10, 3-1503.113.7, 3-1503.113.8, 3-1502.D.1, 3-1502.D.3, 3-1502.113,
3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, & 3-808.A.6, as referred to 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,
repair the carport roof to make it secure and weather proofed, replace or repair all exterior areas
that have rotten wood, including the carport, and clean and paint all exterior surfaces as needed
to comply with said Sections of the Code by the deadline, August 31, 2015. The fine is $100.00
per day per violation for each and every day each violation continues past the date set for
compliance. The City of Clearwater shall rectify the lot clearing violation via the City's nuisance
abatement process.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Diane Devol, 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 July 2015, at Clearwater, Pinellas County, Florida.
4.20 Case 58-15
Hamid Farrokhyar
2584 Brandywine Dr.
Roof Maintenance & Landscape Maintenance - Devol
No one was present to represent the Respondent.
Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on
April 28, May 6, and June 15, 2015 following the first inspection. The 2 violations at 2584
Brandywine Drive related to door and window openings and window maintenance, roof
maintenance and clean roof, and landscape maintenance. Property photographs on March 31,
2015 showed a large pile of pine needles on a tattered tarp on the roof, missing soffit above the
Code Enforcement 2015-07-22 18
front door, rotting fascia, overgrown palms, trees, shrubs, and dead vegetation in the back yard,
and a broken skylight on the floor beneath a hole in the ceiling where the skylight had been
installed, allowing rainwater to pour into the house's interior and providing access for critters.
Property photographs on May 6, 2015 showed pine needles on the torn tarp, shredding tarp
hanging off the roof, shrubs reaching the rotten soffit, and a palm overwhelming the front yard
with significant dead vegetation that served as a breeding ground for vermin and snakes. Staff
had no contact with the property owner; all notices were returned. The City also noticed the
mortgage holder.
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 Devol recommended compliance by August 31, 2015 or a fine of$200 per day per
violation be imposed. In response to a question, she said the nuisance abatement process only
maintained ground cover; a neighbor was mowing the front yard.
Attorney Smith submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violations on
or before August 31, 2015. If the Respondent does not comply within the time specified, the
Board may order a fine of$200 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 July 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 2 violations exist: door
and window openings and window maintenance, roof maintenance and clean roof, and
landscape maintenance. The Respondent was not present.
CONCLUSIONS OF LAW
The Respondent is in violation the City of Clearwater Community Development Code Sections
3-1502.C.1, 3-1502.C.3, 3-1502.D.1, 3-1502.D.3, & 3-1502.H.3, as referred to in the Affidavit in
this case.
ORDER
It is the Order of the Board that the Respondent shall remove the tarp on the roof and clear all
tree debris and pine needles off the roof, repair or replace the roof to make it watertight, repair
or replace all areas where soffit and fascia are rotten or have fallen away, repair skylight window
to make it secure and weatherproof, cut down or cutback all overgrown or dead landscape on
the property, and remove all landscape debris from the property to comply with said Sections of
the Code by the deadline, August 31, 2015. The daily fine is $200.00 per day per violation for
each and every day each violation continues past the date set for compliance.
Code Enforcement 2015-07-22 19
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.
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 July 2015, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 06-15 Affidavit of Non-Compliance
Everett Dyer II
812 Pine St.
Hauling Trailer in ROW/Exterior Surfaces/Exterior Storage— Fletcher
5.2 Case 35-15 Affidavit of Non-Compliance
Helen & Robert Gorges
529 S Crest Ave.
Exterior Surfaces — Fletcher
5.3 Case 36-15 Affidavit of Non-Compliance
N & M Investment Property LLC
809 Turner St.
Exterior Storage/Exterior Surfaces — Fletcher
5.4 Case 40-12 Affidavit of Compliance
Paula Charles Est
713 Karlyn Drive
Public Health, Safety or Welfare Nuisance/Door &Window Openings— Phillips
5.5 Case 18-15 Affidavit of Compliance
Jack Swann
1636 Druid Rd.
Exterior Surfaces - Fletcher
Code Enforcement 2015-07-22 20
5.6 Case 33-15 Affidavit of Compliance
USA Fed Natl Mtg Assn
2141 Campus Dr.
Public Nuisance Condition (Pool & Lot Clearing) - Brown
5.7 Case 37-15 Affidavit of Compliance
Stephen Naley
229 Waverly Way
Residential Grass Parking — Fletcher
Member Schultz moved to accept the Affidavits of Compliance for Cases 40-12, 18-15, 33-15,
and 37-15 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines
for Cases 06-15, 35-15, and 36-15. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS
6.1 Case 42-13 Request for Lien Reduction
Gregory Clark
1000 N. Garden Ave.
Residential Rental BTR - McMahan
Secretary to the Board Nicole Sprague said the Realtor who requested the lien reduction could
not attend today's hearing and requested that the Board consider his request. Attorney for the
Board Andy Salzman said the Board could proceed based on the letter requesting the hearing.
Code Compliance Manager Terry Tuenis said the City supported reducing the $67,100 fine to
administration costs of$1,102.20.
Member Schultz moved to enter an order reducing the fine for Case 42-13 to administration
costs of$1,102.20 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 request for reconsideration of a lien at a
hearing held on July 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 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 23, 2013, as recorded in O.R. Book 18209, Pages 2587-2590, of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,102.20 payable to the
Petitioner by August 21, 2015. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of$67,100.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of July 2015, at Clearwater, Pinellas County, Florida.
Code Enforcement 2015-07-22 21
7. NUISANCE ABATEMENT LIEN FILINGS:
Christine E Timmons Living Trust
860 Casler Ave.
11- 29 -15- 00903 - 000 -0600
PNU2014 -01911
$683.92
Hildegard H Robitaille Est
PNU2015 -00238
1288 Burma Ave
19- 29 -16- 92322 - 003 -0080
$305.00
Gary E Rossi
PNU2015 -00443
1352 Jeffords St.
15- 29 -15- 82206 - 000 -0750
$368.00
Gary E Rossi
PNU2015 -00450
1352 Jeffords St.
15- 29 -15- 82206 - 000 -0750
$200.00
Victoria Fallas Property Trust
PNU2015 -00503
1341 Pierce St.
15- 29 -15- 26533- 000 -0010
$320.00
Houmpavlis Land Trust
PNU2015 -00608
1469 Laura St.
14- 29 -15- 38736- 003 -0150
$200.00
Michelle L Sodomka
PNU2015 -00707
1640 El Tair Trl
06- 29 -16- 16860- 000 -0700
$411.15
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 4:17 p.m.
Attest:
Chair, Municipal •d- Enforcement Board
Secretary to the Bo rd
Code Enforcement 2015 -07 -22
22