01/27/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
January 27, 2016
Present: Vice Chair Wayne Carothers, Board Member James E. Strickland, Board Member
Duane Schultz, Board Member Michael J. Riordon, Board Member Joseph A. Nycz, Board
Member Robert Prast
Absent: Chair Sue A. Johnson
Also Present: Brian Durham —Attorney for the Board, Matt Smith —Assistant City Attorney,
Nicole Sprague —Secretary to the Board, Patricia O. Sullivan — Board Reporter
The Vice 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 Vice 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 December 16, 2015 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Schultz moved to approve minutes of the December 16, 2015 Municipal Code
Enforcement Board meeting as submitted in written summation. The motion was duly seconded
and carried unanimously.
3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None
4. PUBLIC HEARINGS
4.1 Case 01-16
Laura L. & Bruce W. Campbell
515 Casler Ave.
RV Between Structure and Street ROW - Espinosa
Property owner Bruce Campbell admitted to the violation.
Inspector Nilda Espinosa provided a PowerPoint presentation. Notices of violation were issued
on July 28, 2015, following the first inspection. The violation at 515 Casler Avenue related to a
RV parked between the principal structure and street right-of-way for more than 24 hours.
Property photographs on November 30, December 1, and 2, 2015 showed a RV parked in the
driveway between the house and street right-of-way. In response to a question, Inspector
Espinosa said because of ongoing issues in the area, she drove through the neighborhood
daily.
Code Enforcement 2016-01-27 1
Mr. Campbell said he understood the letter of the Code. He said he brought the RV to his
property 3 times a year. He said he never intended to keep it onsite longer than permitted but
work on the RV sometimes took longer than anticipated. He said he had no place on his
property to store the vehicle.
Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Espinosa recommended compliance by February 17, 2016 or a fine of$150 per day
be imposed.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation on
or before February 17, 2016. 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 January
27, 2016, 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: RV
parked in area between the principal structure and the street right-of-way for more than 24
hours. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1407.A.2.d, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall park the RV offsite and remove the RV
from the subject property after 24 hours to comply with said Section(s) of the Code by the
deadline, February 17, 2016. 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 Nilda Espinosa, 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
Code Enforcement 2016-01-27 2
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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.2 Case 02-16
Alice Shaffer
1785 Apache Trail
Exterior Surfaces — Devol
Property owner Alice Shaffer said her nephew, Francis Maullim, would speak on her behalf. Mr.
Maullim said his aunt admitted to the violation and knew what needed to be fixed.
Inspector Diane Devol provided a PowerPoint presentation. A notice of violation was issued on
October 7, 2015, following the first inspection. The violation at 1785 Apache Trail related to
exterior surfaces. Property photographs on November 6, 2015 showed severe rotted wood by
the house's front door. Property photographs on January 22, 2016 showed partially attached,
unprimed/unpainted wood on the dormer, missing siding, plywood covering exterior walls, rotted
wood and mildew on the roof line, rotted fascia and soffit, and mildew on exterior surfaces.
Mr. Maullim said the house's electric and plumbing systems also needed repair. He said his
aunt would apply for a rehabilitation loan through the City once her mortgage was current. He
said she had filed her taxes and would use her return to catch up with her mortgage in
approximately 3 weeks. He said his aunt wanted to make the repairs.
Inspector Devol said a formal application for the loan had not been submitted. She was happy
the property owner had a plan to make necessary repairs.
Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Devol said she originally would have recommended compliance by March 18, 2016 or
a fine of$150 per day be imposed but instead said she would work with the Respondent over
an extended time period and help with resource information.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before May 20, 2016. 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.
Code Enforcement 2016-01-27 3
This case came before the City of Clearwater Municipal Code Enforcement Board on January
27, 2016, 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: all
exterior surfaces shall be maintained. The Respondent was 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
It is the Order of the Board that the Respondent(s)shall remove and replace all areas of rotten
wood, install an approved exterior material such as siding or stucco on the side of the house
where plywood was installed, clean all areas where mold or mildew is present, and paint areas
where new wood or side is installed and also where paint may be needed to comply with said
Section(s) of the Code by the deadline, May 20, 2016. The fine is $150.00 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 Diane Devol, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 27th day of January 2016, at Clearwater, Pinellas County, Florida.
Code Enforcement 2016-01-27 4
4.3 Case 03-16
Walker, Zelphia Est.
1305 Fairmont St.
Door &Window Openings/Exterior Surfaces/Portable Storage Units - Devol
No one was present to represent the Respondent.
Inspector Diane Devol provided a PowerPoint presentation. In response to an anonymous
complaint, the property was inspected and notices of violation were issued on October 29 and
December 10, 2015. The 3 violations at 1305 Fairmont Street related to door and window
openings, exterior surfaces, and a large portable storage unit. Property photographs on October
20, 2015 showed open windows on the front of the house, missing glass from the door to the
front porch broken glass on the porch floor, and rotten wood on the front porch, window casings,
and side of house. Inspector Devol said it appeared someone had tried to break into the house.
Property photographs on January 12, 2016 showed a large storage unit in the back yard. The
property was vacant; the property owner was deceased. All mail to the property owner's
address was returned unclaimed.
Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Devol recommended compliance by February 26, 2016 or a fine of$100 per day per
violation be imposed.
Attorney Smith submitted composite exhibits.
Member Schultz moved to enter an order requiring the Respondent to correct the violation on or
before February 16, 2016. If the Respondent does not comply within the time specified, the
Board may order a fine of$100 per day for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on January
27, 2016, after due notice to the Respondent(s), and having heard testimony under oath and
received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and
Order:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 3 violations exist: door
and window openings, exterior surfaces, and portable storage unit. 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.C.1, 3-1502.C.3, 3-1502.113, & 3-2103.H.1, as referred to in the Affidavit in this
case.
ORDER
Code Enforcement 2016-01-27 5
It is the Order of the Board that the Respondent(s) shall repair and/or replace all areas of rotten
wood, paint areas where needed, replace all broken windows, remove large storage container
from property to comply with said Section(s) of the Code by the deadline, February 16, 2016.
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 Diane Devol, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.4 Case 04-16
Jeremy Seitman
1512 S Washington Ave.
Exterior Surfaces -Alston
Property owner Jeremy Seitman admitted to the violation.
Inspector Trava Alston provided a PowerPoint presentation. A notice of violation was issued on
September 4, 2015 following the first inspection. The violation at 1512 S Washington Avenue
related to exterior surfaces. Property photographs on September 2, 2015 showed the southeast
corner of the house had been crushed and had broken, missing, and rotted wood. Property
photographs on October 30, 2015 showed the corner had been partially repaired with unpainted
wood and plastic bags stuffed into the cavity.
Mr. Seitman said he was unemployed and his uncle had said he would help with repairs. He
said he had scraped the surfaces, cleaned the mildew, and had paint on hand. He said he found
someone to complete the repairs within 30 days.
Member Riordon moved to find the Respondent in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Code Enforcement 2016-01-27 6
Inspector Alston recommended compliance by February 24, 2016 or a fine of$150 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 February 24, 2016. 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 January
27, 2016, 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. The Respondent was 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
It is the Order of the Board that the Respondent(s) shall replace all broken, missing, and rotted
wood and by repainting the repaired surface to match existing surfaces to comply with said
Section(s) of the Code by the deadline, February 24, 2016. The fine is $150.00 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 Trava Alston, 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 2016-01-27 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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.5 Case 05-16
Matthew David Mullett
3001 St. Croix Dr.
Vehicle Between Structure and ROW/Boat Parking/Boat Trailer/Unpaved Grass Parking
- Harris
Property owner Matthew Mullett admitted to the violation.
Inspector Christin Harris provided a PowerPoint presentation. A notice of violation was issued
on December 23, 2015 following the first inspection. The violation at 3001 St. Croix Drive
related to a boat parked on an unapproved surface between the principal structure and street.
Property photographs on December 23, 2015 and January 26, 2016 showed a 23-foot, 4-inch
boat parked on an unapproved surface between the house and street. The corner property had
2 frontages.
Mr. Mullett requested a compromise. He said the property's rear and other side yard were too
small for the boat. He said he had tried to grow 6-foot hedges to shield the boat.
Rachel Mullett requested a variance to allow the boat to be parked in the side yard. She said the
bushes were growing and Code only permitted a 3-foot high fence next to the boat.
Planning & Development Director Michael Delk said the City did not have a variance process;
Code required oversized vehicles to be parked behind the building line and shielded. Not all lots
in the City could accommodate oversized vehicles.
Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Harris recommended compliance by February 11, 2016 or a fine of$100 per day be
imposed.
Attorney Smith submitted composite exhibits.
Member Nycz moved to enter an order requiring the Respondent to correct the violation on or
before February 11, 2016. 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. Members Carothers, Strickland, Schultz, Nycz, and Prast voted "Aye";
Member Riordon voted "Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on January
27, 2016, 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
Code Enforcement 2016-01-27 8
Based upon the testimony and evidence received, it is evident that 1 violation exists: boat
parked on unapproved surface between principal structure and street, not screened with 6-foot
hedge, fence, or wall. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-1407.A.2, 3-1407.A.3.a, 3-1407.A.3.b, 3-1407.A.7, 3-1407.A.5, 3-1403.13.1, 3-
1407.A.2.a, & 3-1407.A.2.b, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall store the boat offsite or obtain a permit
and install an approved parking surface such as asphalt, concrete or pavers on the east side or
rear of property and screen the boat with a 6-foot hedge, fence, or wall to comply with said
Section(s) of the Code by the deadline, February 11, 2016. 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 Christin Harris, 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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
Member Schultz left the meeting.
4.6 Case 06-16
Richard W. Kern & Carrie L. Bishop
2086 Druid Park Dr. N
Clean Roof— Cantrell
No one was present to represent the Respondent.
Code Enforcement 2016-01-27 9
Inspector Jason Cantrell provided a PowerPoint presentation. A notice of violation was issued
on November 16, 2015, following the first inspection. The violation at 2086 Druid Park Drive N
related to roof maintenance. Property photographs on November 20 and December 22, 2015
showed the roof was dirty and stained. A property photograph on January 22, 2016 showed one
small section of the roof on the west side of the house remained dirty and stained. Inspector
Cantrell said he had been in contact with the property owner and thought the owner probably
needed a little more time.
Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded. Members Carothers,
Strickland, Riordon, Nycz, and Prast voted "Aye"; Member Schultz was absent. Motion carried.
Inspector Cantrell recommended compliance by February 10, 2016 or a fine of$150 per day be
imposed.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before February 10, 2016. 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. Members Carothers, Strickland, Riordon, Nycz, and Prast voted "Aye";
Member Schultz was absent. Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on January
27, 2016, 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: 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.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 the roof so that it is in a
clean and mildew free condition to comply with said Section(s) of the Code by the deadline,
February 10, 2016. The fine is $150.00 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 Jason Cantrell, 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.
Code Enforcement 2016-01-27 10
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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
Board Member Schultz returned to the meeting.
4.7 Case 07-16
Lorraine P. Gilbert& Brandy McElroy
108 N Meteor Ave.
Commercial Vehicle Between Structure and Street ROW/Commercial Vehicle in
Residential Zoning District - Knight
No one was present to represent the Respondent.
Inspector Daniel Knight provided a PowerPoint presentation. Notices of violation were issued on
October 27, November 24, and December 15, 2015 following the first inspection. The 3
violations at 108 N Meteor Avenue related to residential grass parking, hauling trailer/
commercial vehicle parked/stored between principal structure and street, and a commercial
vehicle parked/stored in a residential zoning district.
Property photographs on October 14 and 26, 2015 showed a commercial vehicle parked in the
driveway between the house and street. A property photograph on November 16, 2015 showed
the commercial vehicle parked next to the house without screening. Property photographs on
December 10, 2015 showed the commercial vehicle parked on the grass next to the driveway
and plywood covering the ground next to the house. Property photographs on December 30,
2015 and January 22, 2016 showed the commercial vehicle was removed. The property was in
compliance.
Inspector Knight requested a Declaration of Violation.
Attorney Smith submitted composite exhibits.
Member Riordon moved to find the Respondent was in violation of the City of Clearwater Code
as referred to in the affidavit in this case and to enter an order that no fine be imposed against
the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to
$500 for each day the violation continues to exist. The motion was duly seconded and carried
unanimously.
Code Enforcement 2016-01-27 11
This case came before the City of Clearwater Municipal Code Enforcement Board on January
27, 2016, after due notice to the Respondent(s), and having heard testimony under oath and
received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and
Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the conditions existed; however, it
is further evident these conditions were 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) 3-1407.A.2.e, 3-1407.A.4.a, 3-1407.A.3.c, 3-1403.113.1, 3-1407.A.2,c, & 3-1407.A.5,
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 violations 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(s) continue(s), beginning with the date the notice(s) of violation is/are
issued.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the Board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the
Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or
after final disposition of the request for rehearing of the Order to be appealed. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the
proceedings.
DONE AND ORDERED this 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.8 Case 08-16
Keith A. & Gabrielle M. Allman
832 Eldorado Ave.
Waterfront Sight Visibility Triangle - Brown
No one was present to represent the Respondent.
Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on
October 23, 2015 following the first inspection. The violation at 832 Eldorado Avenue related to
Code Enforcement 2016-01-27 12
the waterfront sight visibility triangle, where no vegetation is permitted. The subject property's
fence was grandfathered as it was constructed before the Code update re waterfront sight
visibility triangles. Property photographs on October 16, 2015, showed a measuring tape started
at the waterfront edge of the abutting property, stretched along the fence 20 feet to the east and
multiple palm trees on the subject property seaward of the 20-foot measurement. A property
photograph from an abutting property on November 10, 2015 showed the palm trees remained.
A property photograph from an abutting property on January 26, 2016 showed the subject palm
trees had been removed but significant landscaping remained in the waterfront sight visibility
triangle. Inspector Brown said she first discussed the violation with the property owner on
October 2, 2015; today the property owner said she thought she needed to lower the vegetation,
not remove it. The property owner said she intended to come into compliance.
Concerns were expressed a watering station on the neighbor's property was in the waterfront
sight visibility triangle and the subject property had other Code violations within the past 3 years.
Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Brown recommended compliance by February 27, 2016 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 February 17, 2016. 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 January
27, 2016, 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:
landscaping within waterfront sight visibility triangle. 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) 3-904.113, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove the landscaping/palm trees
located within the waterfront sight visibility triangle to comply with said Section(s) of the Code by
the deadline, February 27, 2016. The fine is $100.00 per day for each and every day the
violation continues past the date set for compliance.
Code Enforcement 2016-01-27 13
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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.9 Case 09-16
Mirko & Anka Rudman
1295 Santa Rosa St.
Roof Maintenance/Clean Roof- Fletcher
Property owner Anka Rudman admitted to the violation.
Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on
November 20 and December 22, 2015 following the first inspection. The violation at 1295 Santa
Rosa Street related to roof maintenance and clean roof. Property photographs on December 15,
2015 showed mold on the shingles, evidence of patching attempts to the mansard roof, and
blue tarps covering two roof corners. Property photographs on December 21, 2015 showed no
changes to the roof. Inspector Fletcher said she was in contact with the property owner
throughout the year re interior problems at the property.
Ms. Rudman said she tried to save money to make the repairs but needed 3 additional months.
She said repairs were expensive and the blue tarps kept the roof from leaking. In response to a
question, she said the 20-unit building had 2 vacancies. She said if the roof leaked, she would
make repairs immediately.
Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Fletcher recommended compliance by February 16, 2016 or a fine of$150 per day be
imposed.
Code Enforcement 2016-01-27 14
It was commented that the roof was in bad condition and could not be pressure washed. It was
stated the property owner was trying hard and owned a revenue generating property.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violation on or
before April 22, 2016. 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 January
27, 2016, 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: roof
maintenance and clean roof. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 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 the roof so that it is in a
clean and mildew free condition and remove the tarps to comply with said Section(s) of the
Code by the deadline, April 22, 2016. 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 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
Code Enforcement 2016-01-27 15
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.10 Case 10-16
Samuel &Angela Byrne
320 Island Way Unit 502
Short Term Rental/Residential Rental BTR - Phillips
No one was present to represent the Respondent.
Inspector Julie Phillips and Private Investigator Constantine Janus provided a PowerPoint
presentation. Notices of violation were issued on December 2 and 22, 2015, following the first
inspection. The violation at 320 Island Way Unit 502 related to a short term rental. Inspector
Phillips reviewed 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."
Private Investigator Constantine Janus said on November 2, 2015, VRBO (Vacation Rentals by
Owner) and TripAdvisor websites advertised a vacation rental at 320 Island Way (Cutter Cove)
for a minimum stay of 21 nights. He said he left a message that day at the listed telephone
number and also emailed an inquiry; he exchanged emails with Angela Byrne, discussing a 3-
week rental of the subject property. He said the Pinellas County Property Appraiser's website
listed Samuel and Angela Byrne as owners of 320 Island Way, Unit 502.
PI Janus said he also discussed a 3-week rental of the unit with Amy, the woman who returned
his call to the website listed contact number. On November 24, 2015, he made an appointment
with Amy to tour the subject property the following day. He said at the property, Amy identified
herself as the sister of Angela Byrne, who lived in Colorado. He said Amy provided him a
handwritten note re the 3-week rental totaling $3,151.69, including tax and security deposit. He
said Amy indicated the rate was a reduction of the $3,495 monthly December rental charge. He
said on November 27, 2015, Angela emailed him a rental agreement for December 1 —21,
2015, requesting payment of$3,301.69 i.e. $2,367.58 (rental rate), $234.11 (12% tax), $500
(refundable security deposit), plus $150 (cleaning fee.)
Property photographs showed the Cutter Cove condominium building and unit 502. A copy of
Amy's handwritten note and the rental agreement were presented along with prima facie
evidence: November 2, 2015 screenshots of VRBO website— property offered for rent for daily
rate, availability for 21 days, last posting update on November 1, 2015, and calendar indicating
unit was reserved for rental February 2—29, 2016, which did not comply with Code.
Inspector Phillips said the property owner indicated she recently purchased the property. She
obtained a BTR (Business Tax Receipt) and changed the website. Inspector Phillips said the
property was in compliance and requested a Declaration of Violation.
Attorney Smith submitted composite exhibits.
Code Enforcement 2016-01-27 16
Member Schultz moved to find the Respondent was in violation of the City of Clearwater Code
as referred to in the affidavit in this case and to enter an order that no fine be imposed against
the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to
$500 for each day the violation continues to exist. The motion was duly seconded and carried
unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on January
27, 2016, after due notice to the Respondent(s), and having heard testimony under oath and
received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and
Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition existed; however, it is
further evident this condition was corrected prior to this hearing. The Respondent(s) was/were
not present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Community Development Code
Section(s) 1-104.113 & 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 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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.11 Case 11-16 — Repeat Violation
Vicki A. Hass &William M. Mitchell
3035 Oak Cove Dr.
Exterior Storage/Exterior Surfaces - Phillips
Property owner Vicki Hass denied the repeat violation.
Code Enforcement 2016-01-27 17
Inspector Julie Phillips provided a PowerPoint presentation for Cases 11-16 and 12-16.
Inspector Phillips posted the property at 3035 Oak Cove Dr. with an Affidavit of Repeat Violation
and Request for Hearing for Exterior Storage on December 21, 2015 following an inspection
done in response to neighbor complaints. She had multiple telephone conversations with the
property owner, who had cameras in the front yard and posted a "no trespassing" sign. Every
time she walked on the sidewalk, the property owner came outside and aggressively confronted
her. She had to get permission from neighbors to photograph the subject property.
The repeat violation related to exterior storage. Property photographs on December 18, 21, 30,
and 31, 2015 and January 4, 6, 7, 8, 19, and 26, 2016 showed the overgrown front of the
property and a large accumulation of approximately 100 potted plants crowding the driveway
and concealing improperly stored items, which also were strewn about the property's rear and
side yards to include filled/partially filled plastic bags, newspapers, a beer container, fishing
poles, water skies, a walker, a pool ladder, carpets, multiple plastic crates, containers, and
buckets, a barrel, plastic drawers, a lawnmower, a gasoline container, building materials, doors
and windows, broken screen, rotten and deteriorated board, rotted wood with severe termite
damage, fence sections, a tarp, covered objects, a sign, tools, a hose, wheelbarrow, etc. Items
stored outside were visible to neighbors. Photographs of neighbors' well-maintained properties
also were shown.
Ms. Haas said she had moved all of the storage out of her yard. She said she worked in her
yard and used a lot of plants and tools. In response to a comment that the exterior storage
shown in staff photographs was exceptionally serious, Ms. Haas said depictions in the
photographs did not reflect the true appearance of her yard. In response to a statement that
homeowners cannot store construction materials and other items outside, even behind fences,
Ms. Haas said she used the items in her yard for gardening.
Inspector Vicki Fletcher said after the board issued its March 26, 2014 violation order (Case 06-
14) for exterior storage on the subject property, Ms. Haas complied with Code. Afterwards,
potted plants began to appear in the driveway and exterior storage was again a problem. Staff
encouraged Ms. Haas to clean her yard since December 21, 2015.
It was stated many objects that could be stored outside in rural areas were not permitted to be
stored outside in the City; Ms. Haas lived in a residential neighborhood. It was commented that
when the City's inspector returns to her property, Ms. Haas needed to greet her, be helpful and
graceful, and abide by her instructions re which items cannot be stored outside. Concern was
expressed re the property owner's installation of multiple outdoor cameras.
Attorney Smith said exterior storage hidden behind a fence was still illegal. According to Code
and State Statute, the Board did not have the authority to grant respondents time to correct
repeat violations.
Member Nycz moved to find the Respondent is in violation of the City of Clearwater Code as
referred to in the affidavit in this case and has committed a repeat violation. The motion was
duly seconded. Members Carothers, Strickland, Riordon, Nycz, and Prast voted "Aye"; Member
Schultz voted "Nay." Motion carried.
Inspector Phillips said she had inspected the property 10 times: December 21, 30, and 31,
2015, and January 4, 6, 7, 8, 15, 19, and 26, 2016. She witnessed no change to the exterior
Code Enforcement 2016-01-27 18
storage during those inspections. She recommended a fine of$250 per day for 37 days, totaling
$9,250, for the repeated exterior storage violations.
Attorney Smith said outdoor storage on the subject property had been a problem for many years
and garnered significant complaints. He reviewed State Statute and Code, noting the City could
open a new repeat violation case tomorrow for exterior storage of equipment, materials, or
furnishings not designed for outdoors; fines for repeat violations could not be reduced.
Code Compliance Manager Terry Teunis said neighbors were fed up with circumstances
associated with the property. Staff's job was to enforce the Code. The Respondent made
minimal efforts to comply. The City cut in half the amount of fine that could have been
recommended. He encouraged the board to adopt staff's recommendation based on the
photographs and extraordinary number of neighbor complaints.
Ms. Haas said she was always on good terms with her neighbors. She said all of the building
materials in the yard related to repairs she was making to her fence.
It was stated that Ms. Haas had a very different interpretation than the City re acceptable
exterior storage. Concern was expressed that the City had not fined Ms. Haas previously for
exterior storage and it was recommended that she be given time to correct the violation. It was
noted the board had given a significant fine reduction to a billionaire and should not treat
homeowners more harshly. Ms. Haas was urged to show tremendous progress to meet City
standards regardless of her definition of exterior storage.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order that a fine of$500 be imposed, payable within 90
days, for the time the violation existed and for the respondent to correct the violation by April 22,
2016. The motion was duly seconded. Members Carothers, Strickland, Schultz, Riordon, and
Prast voted "Aye"; Member Nycz voted "Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on January
27, 2016, 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 the subject property has
outdoor storage of items strewn across the property including filled and partially filled plastic
bags, newspapers, fishing poles, multiple plastic crates, containers, and buckets, plastic
drawers, a lawnmower, a gasoline container, a beer container, a walker, a tarp, broken screen,
rotten and deteriorated board, a sign, building materials and tools, hose, wheelbarrow, covered
objects, a pool ladder, carpets, a barrel, doors and windows, water skies, etc. in violation of the
City of Clearwater Community Development Code. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Code Section(s) 3-1502.G.2 as referred to in the
Affidavit in this case and previously was/were found to have violated the same Code Section(s)
on March 26, 2014, and therefore, committed a repeat violation.
Code Enforcement 2016-01-27 19
ORDER
It is the Order of this Board that the Respondent(s) pay a fine of$500.00, payable by April 22,
2016, for the time period December 21, 30, and 31, 2015 and January 4, 6, 7, 8, 15, 19, and 26,
2016, when the repeat violation(s) occurred. The Board further orders that the Respondent(s)
comply with Code re outdoor storage by April 22, 2016. If after April 22, 2016, the
Respondent(s) does not comply with Code re outdoor storage or 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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
4.12 Case 12-17
Vicki A. Hass &William M. Mitchell
3035 Oak Cove Dr.
Fences &Walls - Phillips
Property owner Vicki Hass denied the violation.
Inspector Julie Phillips provided a PowerPoint presentation for Cases 11-16 and 12-16. A notice
of violation was issued on December 21, 2015, following the first inspection. This violation at
3035 Oak Cove Drive related to fences and walls.
A property photograph on December 21, 2015 showed sections of fence and slats leaning
against the house and on the ground. Property photographs on December 30, 2015 showed
missing slats, rotting wood along bottom edge of fence, fence sections leaning on house, and
unattached fence posts and stringers. Property photographs on December 31, 2015 showed
missing slats and broken stringers, leaning fence, rotting wood along bottom edge of fence,
fence sections leaning on the house, and unattached fence posts and stringers. Property
photographs on January 4, 2016, showed unattached fence posts and fencing, and attempted
repairs that covered rotten wood along bottom edge of fence with wood strips. Property
Code Enforcement 2016-01-27 20
photographs on January 6, 2016, showed unattached fence posts and fencing, rotted stringers,
missing slats, fencing leaning against the house, and unsuccessful repairs to bottom edge of
fence. Property photographs on January 7, 2016, showed unattached fence posts, broken
stringers, and missing and broken slats. Property photographs on January 8, 2016, showed
fencing on the ground, broken and missing slats, and unattached fence posts. Property
photographs on January 19, 2016, showed missing slats, broken stringers and slats, and
unsuccessful repairs to bottom edge of fence. Property photographs on January 26, 2016,
showed crooked and leaning fence, missing slats, unattached fence posts, fencing pieces on
the ground, unsuccessful repairs to bottom edge of fence, uneven fence heights, and a tape
measure touching the ground next to a standing portion of fence, indicating the fence was 78
inches tall; maximum fence height permitted by Code was 72 inches.
Inspector Phillips said the property was not required to have a fence. She said ongoing repairs
had curved the fence, requiring removal of some fence posts.
Ms. Haas said the fence had been complete and then a panel had to be removed because of a
fallen limb. She said she had worked constantly on the fence, worked hard moving each panel,
and could not afford a new fence. She said the inspector began taking photos while her work on
the fence was in progress. She said she wished she had been told previously about City loans
as she wanted a new fence.
It was commented that significant work still was needed to repair the fence.
Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Phillips recommended compliance by March 1, 2016 or a fine of$150 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 April 22, 2016. 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 January
27, 2016, 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: fence
maintenance. The Respondent was present..
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Community Development Code
Section(s) 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, & 3-808.A.6, as
referred to in the Affidavit in this case.
Code Enforcement 2016-01-27 21
ORDER
It is the Order of the Board that the Respondent(s) shall replace all missing and rotted boards
and fence sections or remove the fence in its entirety including the fence posts to comply with
said Section(s) of the Code by the deadline, April 22, 2016. The fine is $150.00 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 27th day of January 2016, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 59-15 Affidavit of Non-Compliance
SEDKIILLC
1990 Sunset Point Rd
Signage—Weaver
5.2 Case 09-15 Affidavit of Compliance
Roland R. Brown
29 Acacia St.
Short Term Rental — Phillips
5.3 Case 47-15 Affidavit of Compliance
Constance & Trevor Toenjes
859 Bruce Ave.
Lot Clearing — Phillips
Code Enforcement 2016-01-27 22
5.4 Case 93-15 Affidavit of Compliance
Sealty LLC
1401 Gulf-to-Bay Boulevard
Parking Lot Surfaces/Off-Street Parking —Weaver
5.5 Case 94-15 Affidavit of Compliance
Sealty LLC
1403 Gulf to Bay Blvd.
Parking Lot Surfaces/Off-Street Parking —Weaver
5.6 Case 95-15 Affidavit of Compliance
Grahm & Maria Coates
873 Island Way
Public Health, Safety or Welfare Nuisance— Phillips
5.7 Case 98-15 Affidavit of Compliance
Eisen P Jover
1303 Brigadoon Dr.
Exterior Surfaces — Devol
5.8 Case 99-15 Affidavit of Compliance
Gordon R Pullen
1302 Brigadoon Dr.
Exterior Surfaces — Devol
5.9 Case 100-15 Affidavit of Compliance
Donna S. Pope
1301 Brigadoon Dr.
Exterior Surfaces — Devol
Member Schultz moved to accept the Affidavits of Compliance for Cases 09-15, 47-15, 93-15,
94-15, 95-15, 98-15, 99-15, and 100-15 and to accept the Affidavit of Non-Compliance and
issue the Order imposing a fine for Case 59-15. The motion was duly seconded and carried
unanimously.
6. NEW BUSINESS
6.1 Case 48-12 Request for Lien Reduction —Cont'd from 10/28, 11/18, & 12/16/15
Clearwater Espacio Dev LLC
1100 Cleveland Street
Abandoned Building - Brown
Attorney Ed Armstrong, representing the property's purchaser, Investors Realty, said the City,
property owner, and Investors Realty had reached an agreement and requested that the Board
approve the terms.
John Marling, partner with Investors Realty, discussed developments his firm had done and
reviewed plans to revitalize the 1100 Cleveland Street property. He said a construction analyst
had determined the building was structurally sound.
Code Enforcement 2016-01-27 23
Attorney Smith said the Stipulation &Agreement established a project time line with milestones
that included a requirement that the CO (Certificate of Occupancy) be issued by September
2018. He recommended approval of the agreement which will reduce the original lien amount,
plus continuing accrual, to $2,519.93. The property's current owner, Clearwater Espacio Dev
LLC, paid $105,000 on the lien since fines began to accrue in 2013.
It was felt the lien should not be reduced as the property was owned by an extremely wealthy
individual and had been left in a derelict condition for a long time. It was stated the property
owner had sufficient resources to develop or liquidate this property long ago.
Attorney Smith said the lien amount would continue to accrue at$250/day. After closing, the
new owners will be responsible for the accruing lien amount until all milestones in the Stipulation
& Agreement are met. If closing did not occur, Clearwater Espacio Dev LLC would continue to
be responsible for the accruing lien amount. Clearwater Espacio Dev LLC had agreed to
withdraw its lawsuit against the City after the closing.
Attorney Armstrong said the Stipulation &Agreement represented the optimal solution to a
difficult situation. He requested the Board do their part to help facilitate the vision for the
property so all could move ahead with the project.
Attorney Eric Page, representing Clearwater Espacio Dev LLC, said since the City issued the
demolition order, Clearwater Espacio Dev LLC representatives met with the City, City Attorney,
and a new group of developers. He said Clearwater Espacio Dev LLC had not intended for the
structure to be in its current condition but the developer who partnered with the firm had
declared bankruptcy, putting the firm in a difficult situation and frustrating everyone. He said the
developer's bankruptcy had occurred after the building was vacated and stripped and the
economy tanked. He said Clearwater Espacio Dev LLC had made diligent efforts to market the
property and find a qualified buyer and developer. He said all parties will put forth their best
efforts to meet conditions in the Stipulation &Agreement.
In response to a question, Attorney Smith said the Stipulation &Agreement obligated the Board
to reduce the property's lien to $2,519.93 when the City issues a CO, which was anticipated to
occur by September 2018.
Member Schultz moved to endorse the Stipulation & Agreement for Case 48-12. 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 January 27, 2016, 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 May
22, 2013, as recorded in O.R. Book 18025, Pages 416 -419 of the public records of Pinellas
County, Florida, is hereby reduced to administration costs of$2,519.93 payable to the Petitioner
when the City issues a CO (Certificate of Occupancy) for the property as indicated in the
Stipulation and Agreement between the City of Clearwater and property owner but not later than
September 30, 2018. If the reduced lien amount is not paid within the time specified in this
Code Enforcement 2016-01-27 24
Order, a lien in the original amount plus accrual shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 27th day of January 2016, at Clearwater, Pinellas County, Florida.
6.2 Cases 59-06, 60-06, 61-06, 62-06, 63-06, & 64-06 Request for Lien Reduction
Gulf Direct Development LLC
1355, 1365, 1375 Drew Street & 116, 117 & 119 N. Evergreen Ave.
Unsafe Building
Attorney Smith said in 2006, the City had declared the subject properties to be unsafe. Liens on
the properties have been running for years. After an attorney for the sale of one of the
properties contacted the City, a Building Inspector visited the properties and was satisfied the
buildings complied with Code.
Building Official Kevin Garriott said City administration costs for the 6 properties totaled
$13,697.30. He said apartments in the buildings had been remodeled and converted to
condominiums. Following the death of a City building inspector, final paperwork was not filed.
Member Schultz moved to enter an order reducing the amount of the liens for Cases 59-06, 60-
06, 61-06, 62-06, 63-06, & 64-06 to administration costs of$13,697.20, payable within 30 days
or the liens will revert to the original amounts. 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 January 27, 2016, 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 25, 2006, as recorded in O.R. Book 15623, Pages 1252— 1257, and in O.R. Book
16039, Pages 543—544 of the public records of Pinellas County, Florida, is hereby reduced to
administration costs of$13,697.20 payable to the Petitioner by February 26, 2016. If the
reduced lien amount is not paid within the time specified in this Order, a lien in the original
amount of$780,250.00 shall be recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED this 27th day of January 2016, at Clearwater, Pinellas County, Florida.
6.2 Election of Chair/Vice-Chair
Member Riordon moved to appoint Wayne Carothers as Chair. The motion was duly seconded
and carried unanimously.
Member Strickland moved to appoint Michael Riordon as Vice Chair. The motion was duly
seconded and carried unanimously.
Code Enforcement 2016-01-27 25
7. NUISANCE ABATEMENT LIEN FILINGS
DEBORAH C FERGUSON
2418 MOORE HAVEN DR PNU2015-00799
31-28-16-98725-000-0040 $378.65
WILLIAM EVANS JR
CAROLYN DENISE EVANS
2484 MOORE HAVEN DR PNU2015-00876
31-28-16-98725-000-0150 $506.09
PHILLIPS, DEBORAH B EST
1823 BARBARA LN PNU2015-01153
02-29-15-10926-000-0580 $380.08
PETER LONGMAN
956 BAY ESPLANADE PNU2015-01357
32-28-15-13464-256-0130 $346.73
HELEN REED C/O WILLIAM P
GREGORY
1455 S RIDGELANE CIR PNU2015-01446
02-29-15-88201-000-0870 $525.37
BETHEL CHRISTIAN CENTER
CHURCHINC
1500 N MARTIN LUTHER KING JR PNU2015-01463
AVE
10-29-15-61758-002-0080 $320.00
FRANKLYN SEECHARAN
1355 S MADISON AVE PNU2015-01479
22-29-15-48978-009-0020 $325.74
USAFED NATL MTG ASSN
1300 TERRACE RD PNU2015-01495
03-29-15-08388-005-0010 $471.57
PADDEN, JOSEPHINE THE
51 VERBENA ST PNU2015-01559
05-29-15-54666-023-0070 $332.11
KALYAMAHA LLC
1041 COMMODORE ST PNU2015-01570
03-29-15-05220-003-0010 $380.33
Code Enforcement 2016-01-27 26
RICHARD GIRARD
1135 FAIRMONT ST
10- 29 -15- 26892- 002 -0050
PNU2015 -01578
$447.55
FRANK BLAINEY
ISABELLE V BLAINEY
3172 WESSEX WAY
PNU2015 -01596
17- 28 -16- 18655- 000 -0650
$555.99
RUTLEDGE, TALMADGE A THE
1130 LASALLE ST
PNU2015 -01630
10- 29 -15- 33552 - 005 -0480
$377.37
ROBITAILLE, HILDEGARD H EST
1288 BURMA AVE
PNU2015 -01785
19- 29 -16- 92322 - 003 -0080
$445.56
ROBITAILLE, HILDEGARD H EST
1288 BURMA AVE
PNU2015 -01787
19- 29 -16- 92322 - 003 -0080
$270.00
Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 4:05 p.m.
Attest:
Chair, j g !pal Code Enforcement Board
Code Enforcement 2016 -01 -27
27