09/30/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
September 30, 2015
Present: Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member James E.
Strickland, Board Member Sheila Cole—departed 4:35 p.m., 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 August 26, 2015 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Cole moved to approve minutes of the August 26, 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:
Steve Curtis requested the board support beach residents, enforce short-term rental laws, and
consider repeat violations as serious.
4. PUBLIC HEARINGS
4.1 Case 50-15—Status Check ordered 7/22/15 after finding of violation
Judith D. McCleskey
1308 Arden Ave.
Hazardous Tree— Crandall
Inspector Ellen Crandall said the property was in compliance. No action was taken.
4.2 Case 59-15—Cont'd from 8/26/15
SEDKIILLC
1990 Sunset Point Rd
Signage—Weaver
Code Enforcement 2015-09-30 1
Attorney Craig Little, representing the Respondent, admitted to the violation, stating the tenant
seemed to understand the violations. He said the property owner wanted the tenant to comply.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued
on April 10, 2015, following the first inspection. The violation at 1990 Sunset Point Road related
to excessive attached signs and signage erected without permits; the building had 6 attached
signs, more than allowed by Code. Property photographs on May 21, 2015 showed a sign on
the north wall, signs on the south wall, and signs on the east and west sides of the canopy. A
property photograph on September 29, 2015 showed a sign on the east wall. Inspector Weaver
spoke to the business' manager, Bobby, over several months. She advised him that signs
painted on the structure were signs and required permits.
Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of
Ordinances as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector Weaver recommended compliance by October 30, 2016 or a fine of$150 per day be
imposed.
Attorney Little requested 60 days to obtain necessary permits and comply.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before November 30, 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.
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 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:
excessive signage, excessive attached signs and signage erected without permits. 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) 3-1807, 3-1807.113.3.a, &4-1002, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain sign permit(s) for attached signs
approved by the City's Planning Department and remove all unpermitted attached signs to
comply with said Sections of the Code by the deadline, November 30, 2015. The fine is $150.00
per day for each and every day the violation continues past the date set for compliance.
Code Enforcement 2015-09-30 2
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Mary Jo Weaver, who shall inspect the property and notify the Board of compliance.
If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.3 Case 66-15
1459 Pierce St Land Trust
Trustee Co Tre
1459 Pierce St.
Exterior Surfaces/Roof Maintenance—Weaver
No one was present to represent the Respondent.
Inspector Mary Jo Weaver provided a PowerPoint presentation. Notices of violation were issued
on May 22, 2015, following the first inspection. The 2 violations at 1459 Pierce St. related to
exterior surfaces and roof maintenance. Property photographs on July 13 and 26, 2015 showed
the roof needed major maintenance and exterior surfaces of the house and shed/garage had
dirt, mold, and mildew stains. The property manager indicated that repairs could be completed
in 30 days. Some pressure washing had been done, but additional work was needed.
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 Weaver recommended compliance by October 30, 2015 or a fine of$100 per day per
violation be imposed.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before October 30, 2015. If the Respondent does not comply within the time specified, the
Code Enforcement 2015-09-30 3
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
September 30, 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 roof maintenance. 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) 3-1502.113, 3-1502.D.1, & 3-1502.D.3, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall pressure wash and paint the exterior
surfaces and repair or replace the roof back to a good condition to comply with said Section(s)
of the Code by the deadline, October 30, 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 Mary Jo Weaver, who shall inspect the property and notify the Board of compliance.
If the Respondent(s)fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2015-09-30 4
4.4 Case 67-15
Trust No 1462
Land Trust Service Corp Tre
1462 Franklin St.
Parking Lot Surfaces —Weaver
Donald Ingrassia said he was the property owner and admitted to the violation. He said he
wanted to weigh his options, including installing cement.
A notice of violation was issued on May 20, 2015, following the first inspection. Inspector Mary
Jo Weaver said the 2 violations at 1462 Franklin St. related to parking lot surfaces and off-street
parking space striping.
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 Weaver recommended compliance by October 30, 2015 or a fine of$100 per day per
violation be imposed. In response to a question re permits and concrete installation, Code
Compliance Manager Terry Teunis said the City would support extending the compliance date
to 60 days.
Attorney Smith submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violation on or
before November 30, 2015. If the Respondent does not comply within the time specified, the
Board may order a fine of$100 per day per violation for each day each violation continues to
exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 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: parking
lot surfaces need repair and off-street parking space striping is needed. The Respondent was
present.
CONCLUSIONS OF LAW
The Respondent is in violation the City of Clearwater Community Development Code Sections
3-1502.113, 3-1502.D.1, & 3-1502.D.3, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent shall obtain a permit and resurface and restripe
the parking lot to comply with said Sections of the Code by the deadline, November 30, 2015.
The fine is $100.00 per day per violation for each and every day each violation continues past
the date set for compliance.
Code Enforcement 2015-09-30 5
Upon complying with said Sections of the Code, the Respondent shall notify Inspector
Mary Jo Weaver, 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.5 Case 68-15
Pet Friendly Properties LLC
Richard Bailor
1484 De Leon St.
Exterior Storage/Parking Lot Surfaces -Weaver
No one was present to represent the Respondent.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued
on August 20, 2015, following the first inspection. The 2 violations at 1484 De Leon St. related
to exterior storage and parking lot surfaces. Property photographs on August 13 and 20, 2015
showed construction materials leaning on the fence and in the carport, exterior storage of items
not intended for outdoor use in the carports, visible from the street, and pot holes and grass
growing through the cracked and heaved driveway surface. Large improvements to the property
had occurred since the first inspection. Inspector Weaver said she first heard from the property
owner yesterday; he said he would fix the remaining violations but could not be present today.
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 Weaver recommended compliance by October 30, 2015 or a fine of$100 per day per
violation be imposed.
Attorney Smith submitted composite exhibits.
Code Enforcement 2015-09-30 6
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before November 10, 2015. If the Respondent does not comply within the time specified, the
Board may order a fine of$100 per day per violation for each day each violation continues to
exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 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
storage , exterior storage of items not for outdoor use, construction material storage, and
parking lot surfaces need repair. 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) 3-1502.G.1, 3-1502.G.2, & 3-1502.G.3, & 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 clean all outdoor storage of items not
intended for outdoor use and construction materials and resurface the driveway so that it is in
good condition, free of weeds, pot holes, cracks, etc. to comply with said Section(s) of the Code
by the deadline, November 10, 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 Mary Jo Weaver, who shall inspect the property and notify the Board of compliance.
If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
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 2015-09-30 7
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.6 Case 69-15
Eleftherios & Maria Passaris
1484 Gulf-to-Bay Boulevard
Windows Maintenance/Roof Maintenance/Off-Street Parking —Weaver
Property owner Eleftherios Passaris requested an onsite meeting with the inspector.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued
on May 8, 2015, following the first inspection. The 2 violations at 1484 Gulf-to-Bay Boulevard
related to maintenance of windows and roofs. Property photographs on August 13 and
September 29, 2015 showed most window panes were covered with paint, the main building's
roof needed repair or replacement, and the back building's roof was covered with tarpaper and
lacked shingles. The property was greatly improved since first inspection.
Mr. Passaris said repairs to the parking lot took 85 days. He said he had painted the roof. He
said walls inside the building block the windows. Mr. Teunis said the windows had to be
cleaned, even if walls were behind them.
Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code of
Ordinances as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector Weaver recommended compliance by October 30, 2015 or a fine of$150 per day per
violation be imposed. In response to a question, she said windows could be tinted after paint is
removed. She said the property owner had never called her; she will meet Mr. Passaris at the
property. Roof repairs were not apparent.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before October 30, 2015. If the Respondent does not comply within the time specified, the
Board may order a fine of$100 per day per violation for each day each violation continues to
exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 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:
windows maintenance and roof maintenance. The Respondent was present.
CONCLUSIONS OF LAW
Code Enforcement 2015-09-30 8
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1502.C.3, 3-1502.D.1, & 3-1404.113, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall scrape the paint off the blocked out
windows and repair or replace the roof to comply with said Section(s) of the Code by the
deadline, October 30, 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 Mary Jo Weaver, who shall inspect the property and notify the Board of compliance.
If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.7 Case 70-15—Withdrawn
Kiri Eschelle
1437 San Juan Ct
Exterior Surfaces/Landscaping/Fencing/Lot Clearing —Weaver
Case 70-15 was withdrawn
4.8 Case 71-15—Withdrawn
Vladimir &Anzhelina Blank
312 S Highland Ave.
Exterior Surfaces —Weaver
Case 71-15 was withdrawn
Code Enforcement 2015-09-30 9
4.9 Case 72-15—Withdrawn
George Paitakis
407 S. Hillcrest Ave.
Parking Lot Surfaces — Brown
Case 72-15 was withdrawn
4.10 Case 73-15
Louis Doering III & Lynne A Tittle
1373 Pierce St.
Exterior Surfaces — Brown
No one was present to represent the Respondent.
Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on
May 5, 2015, following the first inspection. The violation at 1373 Pierce St. related to exterior
surfaces. Property photographs on June 18 and August 20, 2015 showed exterior surfaces with
multiple areas of bare wood and block, an exposed rafter, missing soffit, rotted wood, peeling
and failing paint, and other damage. She said 1 of the property's 4 owners called today and said
they would comply.
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 Brown recommended compliance by October 30, 2015 or a fine of$100 per day be
imposed.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation on
or before October 30, 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
September 30, 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: exterior
surfaces need repair. 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) 3-1502.113, as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2015-09-30 10
It is the Order of the Board that the Respondent(s) shall repair and restore damaged exterior
surfaces and repaint bare wood and other surfaces to match in order to comply with said
Section(s) of the Code by the deadline, October 30, 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 Shelby Brown, 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.11 Case 74-15
Bobby W Hall
201 S Evergreen Ave.
Exterior Surfaces — Brown
No one was present to represent the Respondent.
Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on
May 5, 2015, following the first inspection. The violation at 201 S Evergreen Ave. related to
exterior surfaces. Property photographs on June 18, 2015 showed exterior surfaces with
peeling, mismatching, and failing paint, multiple areas of visible mildew, dirt, and discoloration,
bare wood, and damage. Inspector Brown said one of the owners contacted her on May 18,
2015, stating he had inherited the property and lived out of state. His phone number was no
longer in service.
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 2015-09-30 11
Inspector Brown recommended compliance by October 30, 2015 or a fine of$100 per day be
imposed.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before October 30, 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
September 30, 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: exterior
surfaces feature peeling, mismatching, and failing paint, multiple areas of visible mildew, dirt,
and discoloration, bare wood, and damaged surfaces. The Respondent(s) was/were not
present.
CONCLUSIONS OF LAIN
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1502.113, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s)shall remove the visible mildew, repair and
restore the damaged surfaces, and repaint the surfaces to match in order to comply with said
Section(s)of the Code by the deadline, October 30, 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 Shelby Brown, 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
Code Enforcement 2015-09-30 12
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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.12 Case 75-15
Stephen Casucci
1305 Pierce St.
Exterior Surfaces — Brown
No one was present to represent the Respondent.
Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on
May 5, 2015, following the first inspection. The violation at 1305 Pierce St. related to exterior
surfaces. Property photographs on June 18, 2015 showed exterior surfaces had mildew,
discolored, peeling, failing paint, bare wood, and damage, including to the stairs. September 25,
2015 photographs showed installation of one unpainted piece of wood was the only repair.
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 Brown recommended compliance by October 30, 2015 or a fine of$100 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 October 30, 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
September 30, 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: exterior
surfaces need repair. 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 3-1502.113, as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2015-09-30 13
It is the Order of the Board that the Respondent(s) shall remove visible mildew, repair/restore
damaged exterior surfaces, and repaint bare wood and other exterior surfaces to match in order
to comply with said Section of the Code by the deadline, October 30, 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 Shelby Brown, 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.13 Case 76-15
Diocese of St. Petersburg
1305 Franklin St.
Windows Maintenance/Exterior Surfaces— Brown
A notice of violation was issued on April 30, 2015, following the first inspection. The 2 violations
at 1305 Franklin St. related to windows maintenance and exterior surfaces.
Bob Hutchinson, representing the Respondent, said some work had been completed. He said
plywood would be removed from windows broken by vandals and cosmetic repairs would
include mildew removal. He requested 60 days to complete repairs.
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 Shelby Brown recommended compliance by November 30, 2015 or a fine of$150 per
day per violation be imposed.
Attorney Smith submitted composite exhibits.
Code Enforcement 2015-09-30 14
Member Strickland moved to enter an order requiring the Respondent to correct the violation on
or before November 30, 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
September 30, 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:
windows and exterior surfaces need repair. 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) 3-1502.C.3 & 3-1502.113, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s)shall remove visible mildew from exterior
surfaces, repair/restore damaged surfaces, repaint bare wood and other exterior surfaces to
match and restore windows to a clean and unbroken state to comply with said Section(s) of the
Code by the deadline, November 30, 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 Shelby Brown, 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 2015-09-30 15
DONE AND ORDERED this 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.14 Case 77-15 -Withdrawn
Nicos Constantinou
1434 Cleveland St.
Residential Grass Parking — Fletcher
Case 77-15 was withdrawn
4.15 Case 78-15
Horice S Kinsler
110 S San Remo Ave.
Residential Grass Parking - Fletcher
Property owner Horice Kinsler said she did not understand the violation as her yard had no
grass. She said she obtained a permit to extend the driveway. She said now that the trailer was
stored behind the fence, all of the vehicles had to be moved out of the way to pull the trailer out
for daily work.
Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on
March 10 and April 6, 2015, following the first inspection. The violation at 110 S. San Remo
Ave. related to residential grass parking. Property photographs on April 13, June 11, July 27,
August 7, 20, 25, and 30, and September 18, 2015 showed up to 3 vehicles parked on the front
yard, not in the driveway. The property owner had obtained a permit and widened the driveway.
Ms. Kinsler said the City did not allow her to have 2 driveways and she could not widen hers as
much as necessary unless she moved the water meter and mailbox. In response to a question,
she said she lived on a busy street and the last time she parked on the street her vehicle and
mailbox were struck and damaged.
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.
Neelam Uppal said the City should make allowances for residents to use their property for
parking.
It was stated that most neighborhoods did not like vehicles parking on the grass, but it was
hoped some resolution could be reached as this property was on a busy street where parking
was unsafe. It was recommended that the Board table the case.
Upon the vote being taken, Members Carothers, Strickland, Cole, Nycz and Chair Johnson
voted "Aye"; Members Schultz and Riordon voted "Nay." Motion carried.
In response to a question, Inspector Fletcher said the driveway had sufficient room to park the
property owner's vehicles; she did not think it could be widened further. She recommended
compliance by October 6, 2015 or a fine of$100 per day be imposed.
Attorney Smith submitted composite exhibits.
Code Enforcement 2015-09-30 16
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before October 6, 2015. If the Respondent does not comply within the time specified, the Board
may order a fine of$0 per day for each day the violation continues to exist. The motion was duly
seconded.
Concerns were expressed that the property owner could not park safely on the street, the City
was coming down hard on East Gateway residents who were of modest means, and the
property owner would be subject to a $3,000 per month fine if she had company parking in her
yard.
Upon the vote being taken, Members Strickland, Schultz and Riordon voted "Aye"; Members
Carothers, Cole, Nycz and Chair Johnson voted "Nay." Motion failed.
It was stated the violation needed to be corrected.
In response to a question, Ms. Kinsler said her vehicles could not fit in the driveway when the
trailer was being moved.
Member Schultz moved to continue the order for compliance to October 28, 2015. The motion
was duly seconded.
Mr. Teunis said residents needed to abide by City laws and the homeowner needed to rectify
the violation. Parking in the yard kills grass; the property was subject to citation for the lack of
landscaping in the dirt front yard.
Upon the vote being taken, the motion carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 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:
vehicles are parked in the front yard illegally. 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) 3-1407.A.5, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board to continue this case to October 28, 2015, at which time the Board
will make a decision re compliance.
DONE AND ORDERED this 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2015-09-30 17
4.16 Case 79-15
Bay Area Infectious Disease Center
1407 Gulf-to-Bay Boulevard
Fences/Exterior Surfaces — Fletcher
Property owner Neelam Uppal denied the violation.
Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on
June 30, 2015, following the first inspection. The 2 violations at 1407 Gulf-to-Bay Boulevard
related to exterior surfaces and fence maintenance. Property photographs on August 19 and
September 8 and 18, 2015 showed exterior surfaces with mildew, peeling and failing paint, bare
wood, missing fascia and soffit, and a fence with missing/broken boards and leaning sections.
Ms. Uppal said vandalism was an ongoing problem. She said she purchased the building 2
years ago for her medical office but had to close her practice due to health problems. She said
exterior surfaces did not have mildew; someone had rubbed a green apple on the walls. She
said City staff had violated her constitutional rights by entering her property.
In response to a question, Ms. Fletcher said the Police Department had contacted her re
property violations and accompanied her to the site.
Ms. Uppal said she had to spend time in New York for her health problems. She said her
handyman broke into the back apartment and vandalized it. She said she had allowed him to
stay there for one month for$500 but had to call the police when he would not leave. She said
the City had blocked the building's entrance, put a cage on a window, and sent her a $450 bill,
warning that a lien would be filed if she did not pay. She said she had replaced a window,
replaced the garage door, and fixed the fence. She said boards were removed after repairs
were completed. She said the property was not occupied.
In response to a question, Ms. Uppal said eviction papers for her handyman were pending, she
did not want to make repairs until the case was finalized. She said items on the property kept
breaking. She had not noticed problems with the fence as it was not visible from outside the
property.
In response to a question, Ms. Fletcher reviewed the violations. She did not think mildew on the
fence and exterior walls was caused by green apples. The fence had not been repaired since
August. The property was rented to a couple with a pit bull dog. The fence and rear apartment
photos were taken from the sidewalk next door through missing portions of the fence. The City
hired a contractor to secure the front door and window after the police responded twice to
homeless people inside the building. She did not know how often the Police had responded to
calls for this property. The building could be accessed via the rear door and garage.
Mr. Teunis reviewed City policy re securing property subject to criminal complaints. Property
owners can get keys to locks securing their property from the Police Department.
Ms. Uppal said the government officials were lying; she said there was no sidewalk on the other
side of her fence. She said City staff had entered her property illegally. She said the City had
blocked access to her entire building, including the apartment. She said she could not access
the front of the building via the garage or back door.
Code Enforcement 2015-09-30 18
Member Cole 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 Fletcher recommended compliance by October 30, 2015 or a fine of$150 per day per
violation be imposed.
Ms. Uppal requested 60 days as she did not live in Florida; she had flown from New York where
she was being treated for medical problems. She said she would correct the violations.
Mr. Teunis said the City opposed the time extension due to ongoing nuisances on the property
caused by lack of maintenance.
Attorney Smith submitted composite exhibits.
Concern was expressed that Ms. Uppal had accused City staff of lying.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before October 30, 2015. If the Respondent does not comply within the time specified, the
Board may order a fine of$100 per day per violation for each day each violation continues to
exist. The motion was duly seconded.
It was stated that Ms. Uppal should have more time to comply.
Upon the vote being taken, Members Carothers, Cole, Nycz and Chair Johnson voted "Aye";
Members Strickland, Schultz and Riordon voted "Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 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 fencing need repair. 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) 3-803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A2, 3-808.A.3, 3-808.A.5, 3-808.A.6, &
3-1502.113, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove the mildew and peeling paint
from the exterior of the house and repair, remove, or replace the fence to comply with said
Section(s) of the Code by the deadline, October 30, 2015. The fine is $100.00 per day per
violation for each and every day each violation continues past the date set for compliance.
Code Enforcement 2015-09-30 19
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Vicki Fletcher, 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.17 Case 80-15 -Withdrawn
George Dybowski
1451 Cleveland St.
Hauling Trailer in ROW— Fletcher
Case 80-15 was withdrawn
4.18 Case 81-15— Repeat Violation
Bradley Paddock
738 Mandalay Ave.
Short Term Rental — Phillips
Property owner Jeanne Paddock denied the violation.
Inspector Julie Phillips provided a PowerPoint presentation. The violation at 738 Mandalay
Avenue related to a repeat illegal short term rental. On March 15, 2015, the MCEB (Municipal
Code Enforcement Board) found the property in violation of Code re illegal short term rental. On
August 11, 2015, the property was advertised for rent on the internet for less than 31 days and
the City posted the property with an Affidavit of Repeat Violation & Request for Hearing.
Property photographs on August 11, 2015 showed the single family house and two trucks in the
driveway. Prima facie evidence: 1) Screenshots of vacation rental website on August 11, 12, 13,
14, 15, 16, 17, 18, 19, 20 and 21, 2015— property offered for rent for nightly rate, availability for
less than 31 days, and availability calendar updated recently and 2)August 11, 2015 screenshot
of vacation rental website advertising rates.
Code Enforcement 2015-09-30 20
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
Steve Curtis said the property was used for multiple one-week short term rentals. He said
people at the subject property indicated they were staying one week.
Samuel Hutkin said he lived next door to the subject property and it was used for multiple short
term rentals with visitors reporting one week stays.
Ms. Paddock said her property had been in compliance since April; the length of all rentals
complied with Code. She said some of her 9 children stayed at the property with friends for
short visits. She said she had never contracted with TripAdvisor, only BeachHouse Florida. She
said she never gave permission to TripAdvisor to post photos of her house. She said the
description of the house on TripAdvisor was not her house. She said BeachHouse Florida said
her house's photos were posted on TripAdvisor due to a glitch. She said the TripAdvisor photos
were old and did not reflect property updates. She said Belloise Realty and BeachHouse Florida
had photos of the inside of her house. She distributed copies of her rental contracts.
Concerns were expressed that the rental contracts had dates but lacked rental amounts,
signatures, or initials. Ms. Paddock said BeachHouse Florida emailed them to her yesterday.
She said the online calendar listed when the house was empty, not when her children were at
the property. She said it made no sense for TripAdvisor to advertise her property.
Member Riordon moved to find the Respondent(s)was 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 a fine of$500 per day be imposed for the dates the property
was advertised for short-term rental i.e. August 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21,
2015 for a total of$5,500.
In response to a recommendation that staff contact managers of travel websites in Clearwater
and advise them of City Code re short-term rentals, Inspector Phillips said staff did not have
authority to cite agents.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order that a fine of$5,500 be imposed for the time the
violation existed. If the Respondent repeats the violation, the Board may order a fine of up to
$500 per day for each day the violation exists. The motion was duly seconded.
In response to a concern that the City did not provide contracts as evidence of the repeat
violation, Attorney Smith reviewed Code requirements re evidence that a short term rental
violation had occurred.
Upon the vote being taken, Members Strickland, Schultz, Riordon, and Nycz and Chair Johnson
voted "Aye"; Members Carothers and Cole voted "Nay." Motion carried.
Code Enforcement 2015-09-30 21
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 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 an illegal short-term rental
was advertised on the web from August 11 to 21, 2015, in violation of the City of Clearwater
Community Development Code. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Code Section(s) 1-104.113 & 3-919 as referred to in
the Affidavit in this case and previously was/were found to have violated the same Code
Section(s) on March 15, 2015, and therefore, committed a repeat violation.
ORDER
It is the Order of this Board that the Respondent(s) pay a fine of$5,500.00 ($500.00 daily fine)
for the time period from August 11 to 21, 2015 (11 days), when the repeat violation(s) occurred.
The Board further orders that If the Respondent(s) repeats/repeat the violation referenced
herein within 5 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.
A certified copy of this Order shall be recorded in the public records of Pinellas County, and
once recorded, shall constitute a lien against any real or personal property owned by the
violator(s) pursuant to Chapter 162 of the 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 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.19 Case 82-15— Repeat Violation
David S & Sharlene A Churchill
781 Eldorado Ave.
Short Term Rental — Phillips
Code Enforcement 2015-09-30 22
Property owner David Churchill denied the violation.
Inspector Julie Phillips provided a PowerPoint presentation. The violation at 781 Eldorado Ave.
related to a repeat illegal short term rental. On December 17, 2014, the MCEB found the
property in violation of Code re illegal short term rentals. On July 8, 2015, the City received a
complaint. A notice of repeat violation was issued on July 9, 2015, following inspection. Prima
facie evidence: 1) Screenshots of vacation rental website on July 8, 9, and 10, 2015— property
offered for rent for weekly rate and availability for less than 31 days and 2) Screenshot of
corrected vacation rental website on July 13, 2015.
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
Mr. Churchill said after the property was found in violation last December, he worked with
Inspector Mike Lopez to review vacation rental websites and make corrections necessary to
comply with Code. He said he contracted with Kenny Hayslett, of Hayslett Realty, to advertise
the property for rent for a minimum stay of 30 days.
Mr. Churchill said the website allowed users to obtain quotes for less than 30 days but would
not permit bookings for less than 30 days. He said obtaining a quote and booking a property
were not the same. He said since December, he rented the property 4 times, each time for 30
days or longer. He said the property had been sold.
Attorney Smith said the vacation rental website advertised the property for a weekly rate, which
violated Code.
Mr. Churchill said the top of the web page stated the property was a monthly rental.
Mr. Teunis said hotel web pages, using current technology, did not quote rates for stays shorter
than permitted.
Inspector Phillips recommended a fine of$500 per day be imposed for July 8, 9, and 10, 2015
for a total of$1,500.
Mr. Churchill said the property was out of compliance for only 2 days.
A fine of$250 a day was recommended.
Attorney Smith submitted composite exhibits.
Member Riordon moved to find the Respondent(s) was in violation of the City of Clearwater
Code of Ordinances as referred to in the affidavit in this case and committed a repeat violation
and that a fine of$500 be imposed. If the Respondent repeats the violation, the Board may
order a fine of up to $500 per day for each day the violation exists. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on
September 30, 2015, after due notice to the Respondent(s), and having heard testimony under
Code Enforcement 2015-09-30 23
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 an illegal short-term rental
was advertised on the web on August 9 and 10, 2015, in violation of the City of Clearwater
Community Development Code. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Code Section(s) 1-104.113 & 3-919 as referred to in
the Affidavit in this case and previously was/were found to have violated the same Code
Section(s) on December 17, 2014, and therefore, committed a repeat violation.
ORDER
It is the Order of this Board that the Respondent(s) pay a fine of$500.00 ($250.00 daily fine) for
the time period from August 9 to 10, 2015 (2 days), when the repeat violation(s) occurred. The
Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein
within 5 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.
A certified copy of this Order shall be recorded in the public records of Pinellas County, and
once recorded, shall constitute a lien against any real or personal property owned by the
violator(s) pursuant to Chapter 162 of the 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 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.20 Case 83-15— Repeat Violation
Kevin & Lana Phillips
1010 Eldorado Ave.
Short Term Rental — Phillips
Attorney Luke Markham, representing the Respondent, denied the violation.
Code Enforcement 2015-09-30 24
Attorney for the Board Andy Salzman stated his wife was a partner at Attorney Markham's law
firm but he had not discussed this case with her and did not have a conflict of interest.
Inspector Julie Phillips provided a PowerPoint presentation. The violation at 1010 Eldorado Ave.
related to a repeat illegal short rental. On May 27, 2015, the MCEB found the property in
violation of Code re illegal short term rentals and issued a Declaration of Violation. On August 4,
2015, the property was advertised on the Internet for less than 31 days and the property was
posted with an Affidavit of Repeat Violation and Request for Hearing. Property photographs on
August 5 and September 17, 2015 showed the single family home. Prima facie evidence: 1)
Screenshots of vacation rental websites on August 5, 6, 7, 10, 11, 12, 13, and 14, 2015—
property offered for rent for weekly rate and availability for less than 31 days and 2)August 12
and 14, 2015 screenshots of vacation rental websites' advertising rates.
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
Attorney Markham said when the violation was posted, the property owners were not aware the
property was listed on the websites and immediately requested that the information be removed;
on August 17, 2015, TripAdvisor reported the information had been removed.
Attorney Markham said the City violated Florida Statue by not mailing a certified letter re this
violation until September 16, 2015, more than a month after the violation was posted. He
requested that the Board find the property was not in violation and impose no fine.
Attorney Smith agreed the City had not met the State Statute's notice requirement and withdrew
the case.
4.21 Case 84-15
360 Palm Island LLC
360 Palm Island
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
May 21, 2015, following the first inspection. The violation at 360 Palm Island related to an illegal
short term rental. On June 29, 2015, Inspector Phillips phoned listing agent Patty Belloise re
multiple complaints; Ms. Belloise said the property was not rented short term. On July 10, 2015,
Inspector Phillips went to the property following a complaint. Hector and Jesus Martinez said
they had rented the property July 4 to 11, 2015 from owner Dan Chiavatti. Inspector Phillips
phoned Mr. Chiavatti, reminded him of the City's short term rental ordinance and advised him re
BTR (Business Tax Receipt) requirement. Mr. Chiavatti did not recall receiving a Notice of
Violation, admitted he had rented the property short term, and said he would follow the 31 day
requirement and obtain a BTR. On August 11, 2015, the City received another complaint and
turned the case over to Private Investigator Constantine Janus.
Code Enforcement 2015-09-30 25
PI Janus said on August 12 and 17, 2015, vehicles from New York were parked in the property's
driveway. On August 16, 2015, he phoned Mr. Chiavatti to book a 2-week rental; Mr. Chiavatti
indicated the property was a monthly rental but he would adjust the fee. On August 19, 2015, at
the property, Mr. Chiavatti offered the property to PI Janus for a 2-week rental.
Property photographs on June 26, 2015 showed a single family house and Belloise Realty For
Rent sign. Property photographs on August 12, 15, and 17, 2015 showed vehicles from New
York in the driveway. A property photograph on August 19, 2015 showed vehicles driven by Mr.
Chiavatti and PI Janus in the driveway. Property photographs on September17, 2015 showed 3
vehicles, registered in Dunedin, in the driveway. Prima facie evidence: Screenshots of vacation
rental website - property offered for rent and availability for less than 31 days.
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
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 Phillips recommended compliance in 10 days or a fine of$250 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 October 9, 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
September 30, 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
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 1-104.113 & 3-919, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall rent the property for at least 31 days or
one calendar month, whichever is less and remove all daily and weekly rental rates and adjust
ALL websites to show the requirement for a minimum 31 day or one calendar month rental,
Code Enforcement 2015-09-30 26
whichever is less, to comply with said Section(s) of the Code by the deadline, October 9, 2015.
The fine is $250.00 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 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.22 Case 85-15
William & Patricia Jarmolych
935 Mandalay 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
July 8, 2015, following the first inspection. The violation at 935 Mandalay Ave. related to an
illegal short term rental. Property photographs on September 17, 2015 showed the single family
home. Prima facie evidence: 1) Screenshots of vacation rental website on July 8, 2015 —
property offered for rent for nightly rate and availability for less than 31 days and 2) Screenshots
of corrected vacation rental website. The property was in compliance.
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
Attorney Smith submitted composite exhibits.
Code Enforcement 2015-09-30 27
Member Schultz moved to find the Respondent was in violation of the City of Clearwater Code
or Ordinances as referred to in the affidavit in this case, the violation was corrected prior to
today's hearing, 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
September 30, 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 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) 1-104.113 & 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 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.23 Case 86-15
Kevin & Lana Phillips
952 Bay Esplanade
Short Term Rental — Phillips
Code Enforcement 2015-09-30 28
Attorney Luke Markham was present to represent the Respondent.
Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on
July 29 & August 11, 2015, following inspection. The violation at 952 Bay Esplanade related to an
illegal short term rental. Property photograph on September 17, 2015 showed the single family
house. Prima facie evidence: 1) Screenshots of vacation rental websites on July 30 &August 6,
2015— property offered for rent for weekly rate, availability for less than 31 days, and site updated
recently and 2)August 6, 2015 screenshot of vacation rental website advertising rates.
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
Samuel Hutkin encouraged the City to cite and penalize realtors who rent beach properties for
less than the minimum required time. He expressed concern that neighbors were moving out
due to short-term renters, who vandalize and litter.
Attorney Markham said when they purchased the property the owners thought it had short-term
rental rights. He said the property had not been rented short term but advertisements may have
occurred before vacation rental websites were corrected. He said the property owners had an
18-month rental contract beginning October 1, 2015.
Attorney Smith reviewed Code definitions re short term rentals and submitted composite
exhibits.
Member Schultz moved to find the Respondent was in violation of the City of Clearwater Code
or Ordinances as referred to in the affidavit in this case, the violation was corrected prior to
today's hearing, 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
September 30, 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 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. A representative of the
Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Community Development Code
Section(s) 1-104.113 & 3-919, as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2015-09-30 29
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 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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.24 Case 87-15
Faour Muhamed
937 Bruce 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
July 8, 2015, following the first inspection. The violation at 937 Bruce Ave. related to an illegal
short term rental. Property photographs on July 8, 2015 showed the single family house. Prima
facie evidence: 1) Screenshots of vacation rental website on August 6 and September 25, 2015
— property offered for rent for nightly and weekly rates and availability for less than 31 days.
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
Linda Kubilus said the Respondent had replaced the garage doors with French doors and
repurposed the garage into a mother-in-law suite without obtaining permits. She said the
property had many short-term renters, some with as many as 5 vehicles, which caused
significant neighborhood parking problems.
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.
Code Enforcement 2015-09-30 30
Inspector Phillips recommended compliance in 10 days or a fine of$250 per day be imposed.
Attorney Smith submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violation on or
before October 9, 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
September 30, 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
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 1-104.113 & 3-919, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s)shall rent the property for at least 31 days or
one calendar month, whichever is less and remove all daily and weekly rental rates and adjust
ALL websites to show the requirement for a minimum 31 day or one calendar month rental,
whichever is less, to comply with said Section(s) of the Code by the deadline, October 9, 2015.
The fine is $250.00 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 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
Code Enforcement 2015-09-30 31
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 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.25 Case 88-15
John P & Marilyn Connelly
1001 Eldorado Ave.
Short Term Rental — Phillips
Attorney Mike Foley was present to represent the Respondents.
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on
July 9, 2015, following the first inspection. The violation at 1001 Eldorado Ave. related to an
illegal short term rental. Property photographs on September 17, 2015 showed the single family
house. Prima facie evidence: Screenshots of vacation rental website on July 8 and 9, 2015 —
property offered for rent for weekly rate and availability for less than 31 days.
Inspector Phillips said according to Community Development Code Article 8— Definitions and
Rules of Construction, a residential use located on residentially zoned property shall not include
rentals for periods of less than 31 days or one calendar month, whichever is less, or which is
advertised or held out to the public as a place rented for periods of less than 31 days or one
calendar month, whichever is less.
Attorney Foley distributed a packet of exhibits. He said the property was in compliance on July
21, 2015.
Kenny Hayslett, of Hayslett Realty, said the property owners contracted with his property
management company to list the property for not less than one month. He said while his
website's software provided weekly and daily rates, consumers could not rent the property for
less than a month. In response to a question, he said consumers were sophisticated and
assumed 30 days was a monthly rental. He said the property had not been rented for less than
a month. He said other sites could scrape data and hold this property out for rent but it only
could be rented on his website.
Attorney Smith said the website did not comply with Code as it offered the property for rent for
30 days. Mr. Hayslett said the City was splitting hairs; he said the property was rented on a
monthly basis. Attorney Smith recommended the site incorporate Code language re minimum
rentals as it was illegal to advertise rentals for less than 31 days or one calendar month,
whichever is less. Rentals starting in the middle a month, must be for a minimum of 31 days.
Property Owner Marilyn Connelly said she did not plan to rent the property for less than a
month. She said she obtained the rental agreement form from a website. She said her website
listed monthly rates only. She submitted a signed rental agreement for June 5 to July 11, 2015.
Attorney Foley noted the rental period exceeded 30 days and occurred when the City cited the
property for a short term rental. He said the next rental is from October 1 to 31, 2015. He said
the property's BTR (Business Tax Receipt), issued by Planning & Development Director Michael
Delk, was for rentals of 30 days or more. He said after the City contacted the Respondents, the
Code Enforcement 2015-09-30 32
property was removed from the Beach Time Rental website. He said neither the Respondents
nor Mr. Hayslett had any contact with the 411 vacation rental website.
In response to questions, Inspector Phillips said she had received anonymous complaints that
the property was rented short term. She did not contact the tenants. She obtained quotes on the
website to rent the property for less than 31 days. Attorney Smith said the BTR's typo did not
affect the law re short term rentals.
In response to questions, Ms. Connelly said if a tenant left before the rental time expired, she
would not rent the property to another party for the remaining time of the lease. She said she
had never booked the property for less than 30 days.
In response to questions, Mr. Hayslett said he continually undated his website.
It was commented that the BTR stated the rental period must be for 30 days or more.
Attorney Foley said the BTR was confusing and no direct evidence on record proved the
property violated Code. He attributed confusion to Mr. Hayslett's website. He said Ms. Connelly
only wanted monthly rentals and had removed her property's information from that site.
Member Carothers moved to enter an order to find the Respondent not in violation of the City of
Clearwater Code as referred to in the affidavit in this case, and this case is dismissed. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Code Municipal Enforcement Board on
September 30, 2015, after due notice to the Respondent(s), and having hear testimony under
oath and received evidence, the Board issues to 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 that the condition in question does
not exist. A representative of the Respondent(s)was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are not in violation of the City of Clearwater Community Development
Code Section(s) 1-104.113 & 3-919 as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that this Case 88-15 shall be dismissed.
DONE AND ORDERED this 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
4.26 Case 89-15—Continue to Oct. 28, 2015
Carrat, Harriet J Tre
Saroodis, Kaliope Trust
411 Mandalay Ave.
Exterior Surfaces/Abandoned Buildings/Roof Maintenance - Phillips
Code Enforcement 2015-09-30 33
Case 89-15 was continued automatically to October 28, 2015
5. UNFINISHED BUSINESS
5.1 Case 34-15 Affidavit of Non-Compliance
Manuel & Evangeline Kastrenakes Tre
2576 Harn Blvd.
Parking Lot Surfaces — Espinosa
5.2 Case 57-15 Affidavit of Non-Compliance
Stephen & Sharon McKee
628 Fairwood Forest Dr.
Exterior Surfaces/Lot Clearing/Roof Maintenance/Fences &Walls — Devol
5.3 Case 58-15 Affidavit of Non-Compliance
Hamid Farrokhyar
2584 Brandywine Dr.
Roof Maintenance & Landscape Maintenance — Devol
5.4 Case 62-15 Affidavit of Non-Compliance
Flora 1923 Land Trust
Invetco LLC Tre
1923 Flora Rd.
Hazardous Tree— Crandall
5.5 Case 35-13 Affidavit of Compliance
Wrobel Industries Inc Tre.
Ferruggia Family Trust#1927
1927 N Highland Avenue
Exterior Surfaces/Door&Window Openings/Roof Maintenance - Phillips
5.6 Case 14-15 Affidavit of Compliance
USA Fed Natl Mtg Assn.
1222 Grove St.
Parking Lot Surfaces - Brown
5.7 Case 16-15 Affidavit of Compliance
Marilynn Tat
1436 Bentley St.
Hazardous Trees -Anderson
5.8 Case 39-15 Affidavit of Compliance
David & Aileen Bair
1 Windward Is
Lot Clearing/Public Nuisance Condition/Exterior Storage— Phillips
Member Schultz moved to accept the Affidavits of Compliance for Cases 35-13, 14-15, 16-15,
and 39-15 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines
for Cases 34-15, 57-15, 58-15, and 62-15. The motion was duly seconded and carried
unanimously.
Code Enforcement 2015-09-30 34
6. NEW BUSINESS
6.1 Case 56-11 - Request for Lien Reduction
Kevin Duvall
1487 Cleveland Street
Exterior Surfaces — Phillips
Donald Franklin said the property was in bad condition when he purchased it in June; he
rehabbed the house. He requested a reduction in the fine to administration costs.
Inspector Julie Phillips said the property was in compliance; the new owner corrected all
violations. The City supported reduction of the $141,700 fine to administration costs of
$1,359.20.
Member Riordon moved to enter an order reducing the fine for Case 56-11 to administration
costs of$1,359.20 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 September 30, 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 26, 2011, as recorded in O.R. Book 18923, Pages 1622 - 1623 of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,359.20 payable to the
Petitioner by October 30, 2015. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of$141,700.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
6.2 Case 35-13— Request for Lien Reduction
Wrobel Industries
1927 N Highland Ave.
Exterior Surfaces/Door&Window Openings/Roof Maintenance - Phillips
Penny Dyer, representing the Federal National Mortgage Association, said the property was in
compliance. She requested a reduction in the fine to administration costs.
Inspector Phillips said the property had been in poor condition but now was in compliance; all
violations had been corrected. The City supported reduction of the $219,300 fine to
administration costs of$1,812.20.
Code Enforcement 2015-09-30 35
Member Riordon moved to enter an order reducing the fine for Case 35-13 to administration
costs of$1,812.20 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 September 30, 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
September 25, 2013, as recorded in O.R. Book 18181, Pages 1812 - 1818 of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,812.20 payable to
the Petitioner by October 30, 2015. If the reduced lien amount is not paid within the time
specified in this Order, a lien in the original amount of$219,300.00 shall be recorded in the
public records of Pinellas County, Florida.
DONE AND ORDERED this 30th day of September 2015, at Clearwater, Pinellas County,
Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
CATHERINE THOMAS
1148 ENGMAN ST PNU2015-00455
10-29-15-33552-004-0570 $380.00
PADDEN, JOSEPHINE THE
51 VERBENA ST PNU2015-00522
05-29-15-54666-023-0070 $332.11
WILLIAM D RUTENBECK
1477 DREW ST PNU2015-00544
14-29-15-38736-001-0110 $414.15
TABDAF LLC
1487 CLEVELAND ST PNU2015-00564
14-29-15-38736-004-0050 $330.00
BENTON W MIDDLETON
VLADIMIR O GORODETSKY
1344 BROWNING ST PNU2015-00837
22-29-15-01476-000-0590 $320.00
CHADWICK JAMES DUDLEY
1265 BYRON AVE PNU2015-00838
22-29-15-01476-000-0830 $350.10
Code Enforcement 2015-09-30 36
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 5:43 p.m.
Attest:
Secretary to the Beard
Chair, Municipal Cod - nforcement Board
Code Enforcement 2015 -09 -30
37
KATHRYN T DAY
306 JASMINE WAY
PNU2015 -00859
16- 29 -15- 36270- 000 -0590
$452.35
PATRICIA DE PRIEST
1631 TUSCOLA RD
PNU2015 -00985
23- 29 -15- 76428- 000 -0280
$345.02
TARPON IV LLC
801 HOWARD ST
PNU2015 -01001
22- 29 -15- 07938 - 010 -0010
$364.89
CARTER, W MILES TRE
1109 N BETTY LN
PNU2015 -01026
10- 29 -15- 69048 - 005 -0090
$630.37
CARTER, W MILES TRE
1115 N BETTY LN
PNU2015 -01039
10- 29 -15- 69048 - 005 -0100
$611.04
PATRIARCHAL HOLDINGS LLC
1000 AMBLE LN
PNU2015 -01111
11- 29 -15- 35072 - 000 -0010
$432.53
MELVYN H INGRAHAM
2888 ST JOHN DR
PNU2015 -01214
05- 29 -16- 78580 - 008 -0050
$220.00
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 5:43 p.m.
Attest:
Secretary to the Beard
Chair, Municipal Cod - nforcement Board
Code Enforcement 2015 -09 -30
37