11/16/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
November 16, 2016
Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon, Board Member James E.
Strickland, Board Member Joseph A. Nycz, Board Member Robert Prast, Board Member Daniel
Engel
Absent: Board Member Jack Kleban
Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney,
Nicole Sprague —Secretary to the Board
The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of
Allegiance. The Chair welcomed Member Engel.
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 October 26, 2016 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Prast moved to approve minutes of the October 26, 2016 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 105-16—<Continued from Oct. 26, 2016
Seth & Sherri Sanders
305 N Prescott Ave.
Ext. Surfaces/Door &Window Openings/Lot Clearing — Devol
Attorney Michael Boutzoukas, representing the Respondent, admitted to the violations.
Member Nycz 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 Diane Devol said the property owner was in compliance with the lot clearing violation.
She recommended compliance for 2 violations for exterior surfaces and windows & doors by
December 31, 2016, or a fine of$150 per day per violation be imposed.
Code Enforcement 2016-11-16 1
Attorney Boutzoukas said the property owners had financial and health issues, wanted to make
repairs in phases until completed, and requested a January 24, 2017 compliance date. Code
Compliance Manager Terry Teunis supported the request.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the 2 violations
related to exterior surfaces and windows & doors on or before January 24, 2017. 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.
Member Prast moved to find the violation related to lot clearing was corrected prior to today's
hearing, and to enter an order that no fine be imposed,,against the Respondent for this violation.
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 November
16, 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 2 violations exist: exterior
surfaces and windows &doors. A representative of the Respondent(s) was present
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-
1502.C.1,3-1502.C.3,as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Repair or replace all areas of rotten
wood, remove all mold and mildew, and paint the entire exterior where necessary and match
existing or adjacent surfaces and 2) Repair all cracked or broken windows, and repair, replace
or remove torn screens to comply with said Section(s) of the Code by the deadline, January 24,
2017. 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 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
Code Enforcement 2016-11-16 2
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
AND
This case came before the City of Clearwater Municipal Code Enforcement Board on November
16, 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 related to lot clearing
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 Code Section(s) 3-1503.113.7 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). 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.
The Respondent may request 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
Code Enforcement 2016-11-16 3
286.0105 requires any party appealing a decision of this Board to have a record of the
proceedings.
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.2 Case 106-16— Continued from Oct. 26, 2016
Deborah B. Phillips Est.
1823 Barbara Ln.
Ext. Storage/Door &Window Openings/Aband. Bldg. - Knight
No one was present to represent the Respondent.
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 Daniel Knight recommended compliance for the 3 violations by December 16, 2016 or
a fine of$250 per day per violation be imposed. City utilities were disconnected in December
2014. The City had the property abated twice for overgrowth and a contractor secured the
sliding door. A property photograph on July 25, 2016 showed the door. He had no contact with
the property owner; all certified mail was returned.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations
on or before December 16, 2016. If the Respondent does not comply within the time specified,
the Board may order a fine of$250 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 November
16, 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: exterior
storage, door and window openings, and abandoned building. The Respondent(s) was/were not
present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.1, 3-
1502.G.2, 3-1502.G.3, 3-1502.C.1, 3-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.3, & 3-
1503.B.9, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Remove all items from the property
that are not meant to be used outdoors or are not meant to be stored outside; 2) Repair/replace
side sliding glass door so it makes the building secure and in a weatherproof condition; and 3)
Code Enforcement 2016-11-16 4
Occupy, sell, or demolish the building on the property, correct all code violations, and maintain
the property and building in a nuisance free condition on a regular basis to comply with said
Section(s) of the Code by the deadline, December 16, 2016. The fine is $250.00 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 Daniel Knight, 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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.3 Case 109-16 - Continued from Oct.26, 2016
Ida E. Ellis
1428 Barbara Ave.
Ext. Surfaces/Door &Window Openings/Roof Maint./Aband. Bldg. — Knight
No one was present to represent the Respondent.
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 Daniel Knight said the property was not occupied and he had no communication with
the property owner. The property's maintenance company contacted him once, removed debris
from the front yard and exterior storage but did not repair exterior surfaces. As of November 10,
2016, the roof was redone. He requested a Declaration of Violation for roof maintenance and
clean roof and recommended compliance for 3 violations related to exterior surfaces, doors &
window openings, and abandoned building by December 16, 2016 or a fine of$250 per day per
violation be imposed. City utilities were shut off in April 2016.
Attorney Smith submitted composite exhibits.
Code Enforcement 2016-11-16 5
Member Riordon moved to enter an order requiring the Respondent to correct violations related
to exterior surfaces, doors & window openings, and abandoned building on or before December
16, 2016. If the Respondent does not comply within the time specified, the Board may order a
fine of$250 per day per violation for each day each violation continues to exist AND to find that
the violation related to roof maintenance and clean roof was corrected prior to today's hearing,
and to enter an order that no fine be imposed against the Respondent for this violation. 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 November
16, 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: exterior
surfaces, doors &window openings, and abandoned building. The Respondent(s) was/were not
present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.6, 3-
1502.C.1, 3-1502.C.3, 3-1503.A, 3-1503.6.1, 3-1503.6.2, 3-1503.6.3 & 3-1503.6.9 as referred
to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) repair and/or replace all damaged
and/or deteriorated elements of the building to include but not limited to the soffits, garage door,
and patio ceiling and paint where needed; 2) repair/replace garage door, remove board over
window in rear of building and make subject window secure, tight fitting, weatherproof and
unbroken; and 3) occupy, sell or demolish building on the property, correct all code violations,
and maintain property and building in a nuisance free condition on a regular basis to comply
with said Section(s) of the Code by the deadline, December 16, 2016. The fine is $250.00 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 Daniel Knight, 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
Code Enforcement 2016-11-16 6
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
AND
This case came before the City of Clearwater Municipal Code Enforcement Board on November
16, 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 related to roof
maintenance and clean roof 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 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 this Board that no fine will be imposed against the Respondent(s). 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.
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.
Code Enforcement 2016-11-16 7
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.4 Case 113-16 - Continued from Oct. 26, 2016
Edward & Jean Daniel
756 Mandalay Ave.
Inoperative Vehicle— Brown
No one was present to represent the Respondent.
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 and carried unanimously.
Inspector Shelby Brown said the property was in compliance and requested a Declaration of
Violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find 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 November
16, 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 Code Section(s) 3-1503.113.6 & 3-
1503.B.1, 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). 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.
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
Code Enforcement 2016-11-16 8
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.5 Case 114-16 - Continued from Oct. 26, 2016
Mary Rogero
172 Devon Dr.
Ext. Surfaces— Brown
No one was present to represent the Respondent.
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 and carried unanimously.
Inspector Shelby Brown said the property was in compliance and requested a Declaration of
Violation.
Attorney Smith submitted composite exhibits.
Member Prast moved that 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 November
16, 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 Code Section(s) 3-1502.113, as
referred to in the Affidavit in this case.
ORDER
Code Enforcement 2016-11-16 9
It is the Order of this Board that no fine will be imposed against the Respondent(s). 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.
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.6 Case 117-16
Clearwater 19 Commerce Center LLC
21937 US Highway 19
Nuisance— Offensive Odor -Weaver
Property owner Guy Kunnen stated he was the landlord and everything was in order. He said he
had a letter from the Fire Department that no life safety issues existed and a letter from the
tenant who complained. He denied the violation.
Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued
on October 4, 2016, following inspection. The violation at 21937 US Highway 19 was for a
nuisance condition related to a strong unpleasant and offensive odor. Property photographs on
September 21, 2016 showed the front and rear of Aspen Kay Naturals. Inspector Weaver spoke
with business manager Victoria, who said the business made essential oil soap not harmful to
health and planned to purchase acommercial fan for venting. After explaining the Code
compliance process to Victoria, Inspector Weaver had to leave the business due a headache
caused by the strong odor. The business was licensed for manufacturing.
No one was present when inspector Weaver returned to Aspen Kay on October 3, 2016 as
promised. The adjoining unit's front and rear doors were open, with large fans airing it. The
offensive odor she smelled at Aspen Kay was noticeable at Aero Supply USA. Bill Taylor, who
made the complaint, said the odor breached the wall between the businesses, was strongest in
the morning, made him sick, and expressed concern re employee health and safety. The Fire
Department inspected the property, offered recommendations to Aspen Kay, and determined
the odor was not a life safety issue.
Inspector Weaver received permission from Aspen Kay to photograph the business' interior.
Property photographs on November 4, 2016 showed Aspen Kay's propped open front door,
Code Enforcement 2016-11-16 10
numerous fans, and attempts to dissipate the odor by venting air out the rear door. Aspen Kay
employees did not wear masks.
Concern was expressed that venting the odor outside did not address the issue.
Mr. Kunnen said some breaches were found in the 2-hour fire wall in the multi-unit building. He
said Aero Supply had provided him a notarized letter that the issue was resolved.
Aspen Kay owner Shilah Kassowitz said she opened her business on June 1, 2016. She
reviewed remedial steps taken: 1) special carbon charcoal filters installed in every intake vent in
Aspen Kay and Aero Supply units; 2) quality ionizer purchased for Mr. Taylor's office; 3) gaps in
concrete firewall on both sides of business filled with spray foam; 4) soap drying operation
moved to back room; 5) new exhaust fan operating most of the time at back door; and 6) new
30-inch industrial fan vented unit 3 times a day except when fitness center opened its rear door
or when anyone was behind the building. She said the odor was most intense when soap was
cut. She said Aero Supply's letter stated the company did not think it was necessary for
employees to attend today's hearing. She said the Fire Department's hazardous material
specialist had cleared her business.
Attorney Smith said Aero Supply's November 15, 2016 letter said the firm appreciated Aspen
Kay's efforts and asked the City to find the business in violation and provide time for corrections
and for Aero Supply to determine if odor problems were resolved.
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 and carried unanimously.
Inspector Weaver recommended compliance by November 30, 2016 or a fine of$250 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 November 30, 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 November
16, 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:
nuisance regarding offensive odor. The Respondent(s) was/were present
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.113.9 & 3-
1503.A, as referred to in the Affidavit in this case.
Code Enforcement 2016-11-16 11
ORDER
It is the Order of the Board that the Respondent(s) shall eliminate the offensive odor to comply
with said Section(s) of the Code by the deadline, November 30, 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 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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.7 Case 118-16
James Teague`
2746 Terrace Dr.
Development Code Violation — Unapproved Accessory Structure—Weaver
Property owner James Teague admitted to the violation.
Member Engel 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 Mary Jo Weaver recommended compliance for the violation by December 16, 2016 or
a fine of$150 per day be imposed. Property photographs on August 25 and 26, 2016 showed a
large portable building with interior cabinets, countertop, and window air-conditioner in the
driveway at 2746 Terrace Drive. Property photographs on September 6, 2016 showed the
structure was on an asphalt surface in the back yard. At City offices on September 2, 2016, staff
advised Mr. Teague he might be able to obtain a permit for a structure with the dimensions he
reported if he presented a site plan.
Mr. Teague said he did not build the structure. He said did not have time to obtain a permit as
he had been working out of town. He said he would try to apply for a permit in mid December.
Code Enforcement 2016-11-16 12
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation on
or before December 16, 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 November
16, 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:
Development Code violation for an unapproved accessory structure. The Respondent(s)
was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 1-104.113, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain a building permit(s) for this
accessory structure if it meets code or remove the entire accessory structure from the property
to comply with said Section(s) of the Code by the deadline, December 16, 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 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 2016-11-16 13
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.8 Case 119-16
Renata Koenig
3216 Wessex Way
Windows Maintenance/Public Health, Safety or Welfare Nuisance — Phillips
No one was present to represent the Respondent.
Member Engel 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 Julie Phillips recommended compliance within 15 days or a fine of$250 per day per
violation be imposed for the 2 violations. The property was vacant. Water in the swimming pool
was opaque and black, pool enclosure screens were missing, and the gate to the pool was
open. The Notice of Violation was issued on August 12, 2016. A property photograph on August
12, 2016 showed black, opaque water in the swimming pool and missing and ripped screens on
the pool enclosure.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violations on
or before December 1,'2016.If the Respondent does not comply within the time specified, the
Board may order a fine of$250 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 November
16, 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 2 violations exist:
windows maintenance and public health, safety, or welfare nuisance. The Respondent(s)
was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.C.3 & 3-
1503.B.5, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Remove, repair or replace all
screens in the pool enclosure area per City ordinance; 2) Clean and maintain the pool on a
regular basis; and 3) Secure pool area so it is not accessible to comply with said Section(s) of
Code Enforcement 2016-11-16 14
the Code by the deadline, December 1, 2016. The fine is $250.00 per day per violation for each
and every day each violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Julie Phillips, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be_a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.9 Case 120-16
Michael Munro
2572 Deer Run
Ext. Surfaces/Lot Clearing/Door &Window Openings/Roof Maint. — Phillips
No one was present to represent the Respondent.
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 and carried unanimously.
Inspector Julie Phillips said the occupied property at 2572 Deer Run had 4 violations. She
recommended compliance within 30 days or a fine of$150 per day per violation be imposed.
She had no communication with the property owner. Notices of Violation were issued on August
4 and October 13, 2016. Property photographs on August 30, 2016 showed the front door had
no door handle and hockey sticks and other materials covering a hole.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations
on or before December 16, 2016. 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.
Code Enforcement 2016-11-16 15
This case came before the City of Clearwater Municipal Code Enforcement Board on November
16, 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 4 violations exist: exterior
surfaces, lot clearing, door and window openings, and roof maintenance. The Respondent(s)
was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-
1503.B.7, 3-1502.C.1, 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 1) Replace the front door. Doors shall
be of proper size and design and secured in a tight fitting and weatherproof manner; 2) Keep
roof free of all debris, including pine needles; 3) Pressure spray and paint exterior surfaces; and
4) Keep grass mowed and edged on a regular basis and remove all pine needles as needed to
comply with said Section(s) of the Code by the deadline, December 16, 2016. The fine is
$150.00 per day per violation for each and every day each violation continues past the date set
for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Julie Phillips, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
Code Enforcement 2016-11-16 16
4.10 Case 121-16
Patricia A Hickok
866 Eldorado Ave.
Ext. Surfaces— Brown
No one was present to represent the Respondent.
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 and carried unanimously.
Inspector Shelby Brown said the home's exterior surfaces were in rough shape. The property
owner was ill and her son, who lived out of state, had contacted Inspector Brown, stating his
intention to reactivate the lapsed development order to raze the structure. The property did not
pose a public nuisance but was in poor condition. She recommended compliance by January
31, 2017 or a fine of$150 per day be imposed.
Attorney Smith submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent to correct the violation on or
before January 31, 2017. 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 November
16, 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(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater 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 repair and/or replace all damaged/
deteriorated structural & decorative elements in a workmanlike manner (trims, soffits, fascia,
etc.), remove all mildew, peeling paint, and other loose materials, repaint all effected areas to
match existing or adjacent surfaces and maintain building walls in a secure and attractive
manner OR obtain a valid Development Order to demolish and reconstruct the structure to
comply with said Section(s) of the Code by the deadline, January 31, 2017. 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 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
Code Enforcement 2016-11-16 17
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.11 Case 122-16
Xihuan Lin
1650 Dartmouth St.
Public Health, Safety or Welfare Nuisance/Fences &Walls-=Fletcher
Wenquan Li, representing the Respondent, said the violations were repaired.
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 and carried unanimously.
Inspector Vicki Fletcher said the property was in compliance and requested a Declaration of
Violation.
Attorney Smith submitted composite exhibits.
Member Prast moved that 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 November
16, 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
Code Enforcement 2016-11-16 18
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 Code Section(s) 3-1503.113.5, 3-
803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, & 3-808.A.6„ as referred
to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). 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.
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.12 Case 123-16
Ivonne Pineda Landa
806 Turner St.
Ext. Surfaces Fletcher
No one was present to represent the Respondent.
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 Vicki Fletcher recommended compliance by December 16, 2016 or a fine of$150 per
day be imposed. No work was done after a relative of the owner called in May and stated the
house would be razed within 30 days. A RV was removed from the property after Inspector
Fletcher told its occupants they could not live there. A property photograph on September 22,
2016 showed peeling paint and rotted wood falling off the front of the house.
Code Enforcement 2016-11-16 19
Attorney Smith said the City would provide flexibility re the compliance date if a demolition
permit was obtained in the next month. He submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation on
or before December 16, 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 November
16, 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(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater 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, repair or replace all rotted
wood and remove all mold and peeling paint from exterior walls and/or repaint to comply with
said Section(s) of the Code by the deadline, December 16, 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 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.
Code Enforcement 2016-11-16 20
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.13 Case 124-16
Bruce Barrows
1433 San Juan Ct.
Hauling Trailer/Res. Grass Parking/Ext. Storage— Fletcher
Property owner Bruce Barrows admitted to the violations.
Member Engel 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 Vicki Fletcher recommended compliance by December 1, 2016 or a fine of$150 per
day for each of 3 violations be imposed.
Mr. Barrows objected to the requirement that the hauling trailer be parked an approved surface
in the rental property's back yard and requested an additional 30 days to comply.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violations on
or before December 31, 2016. 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 November
16, 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: hauling
trailer, residential,grass parking, and exterior storage. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1407.A.1.b, 3-
1407.A.2.c, 3-1407.A.3.c, 3-1407.A.5, & 3-1502.G.2, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Remove all outdoor storage from the
property and carport; 2) Pull permit and install a parking surface for the hauling trailer behind a
6-foot hedge, fence, or wall; and 3) Park only one vehicle parallel and adjacent to the driveway
to comply with said Section(s) of the Code by the deadline, December 31, 2016. The fine is
$150.00 per day per violation for each and every day each violation continues past the date set
for compliance.
Code Enforcement 2016-11-16 21
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.14 Case 125-16
Gerald T. Strain
1444 Pine St.
Ext. Surfaces/Roof Maint. —'Fletcher
Property owner Gerald Strain admitted to the violations.
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 and carried unanimously.
Inspector Vicki Fletcher recommended compliance for the 2 violations by December 16, 2016 or
a fine of$250 per day per violation be imposed. Property photographs on July 22 and October
6, 2016 showed mold, mildew, and peeling paint on exterior surfaces, rotted and missing siding,
exposed insulation, rotted wood around doors and windows, a caved-in roof over the back
room, and collapsed ceiling above the laundry. The entire roof required repair. The owner lived
in the house. A bee infestation was cleared but nothing else was done.
Mr. Strain said a contractor reviewed the violations and indicated a team of 1 roofer and 1
carpenter would correct the violations in 6 months for a cost of$14,500, not including paint.
Concern was expressed the estimate seemed too low, repair costs could balloon, and the
proposed repair time was unreasonably long. It was recommended that Mr. Strain obtain
several bids and carefully review all contract exclusions.
Mr. Strain said the roof on the back of the carport needed repair and the contractor said shims
would be installed before shingles could be nailed. He said he could pay for the repairs.
Code Enforcement 2016-11-16 22
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violations on
or before January 15, 2017. If the Respondent does not comply within the time specified, the
Board may order a fine of$250 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 November
16, 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 2 violations exist: exterior
surfaces and roof maintenance. The Respondent(s)was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater 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 1) Remove, replace, or repair rotted
wood on exterior surfaces; 2) Pressure wash or paint exterior surfaces to remove all mold and
peeling paint; and 3) Repair hole in roof by repairing or replacing the roof to comply with said
Section(s) of the Code by the deadline, January 15, 2017. The fine is $250.00 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 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 2016-11-16 23
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.15 Case 126-16
Garden Suites LLC
530 Park St.
Ext. Surfaces— Fletcher
Property owner Shannon Seymour was present.
Inspector Vicki Fletcher provided a PowerPoint presentation.`A notice of violation was issued on
April 6, 2016, following the first inspection. The violation at 530 Park Street related to exterior
surfaces. Property photographs on October 6, 2016 showed exterior surfaces had mismatched
and peeling paint, rust stains, graffiti, cracking, missing plaster, rotted wood, mold and mildew, a
wall opening, and no gate to the rear area. There was a signed trespass affidavit but homeless
congregated by the stairway and left garbage and clothing behind the building.
Ms. Seymour agreed the building looked terrible. She said she did all possible to keep homeless
away from her property. She said the bad smell came from a neighboring property which had
constructed several rear fences. She said she worked with City staff to prioritize renovations on
several buildings she owned; rehabilitation of her building at Ft. Harrison Avenue and Laurel
Street would be completed by year's end. She said the subject property was next on the list but
she did not want to pay for repairs before completion of a feasibility study that will determine if
the building should be razed.
Member Nycz 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 December 16, 2016 or a fine of$150 per day
be imposed.
Mr. Teunis said the City learned today re recommendation to raze the building and was willing
to adjust the compliance deadline.
Attorney Smith submitted composite exhibits.
Member Nycz moved to enter an order requiring the Respondent to correct the violation on or
before January 31, 2017. 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 November
16, 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 2016-11-16 24
Based upon the testimony and evidence received, it is evident that 1 violation exists: exterior
surfaces. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.13, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove all mildew and peeling paint
from exterior walls and/or repaint, fill all cracks in the walls, repair or replace all rotted wood,
and close all holes with proper material to comply with said Section(s) of the Code by the
deadline, January 31, 2017. 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 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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.16 Case 127-16
Shimshon Manshcrov
1256 Jackson Rd.
Ext. Surfaces/Door &Window Openings — Devol
Amnou Eshel, representing the Respondent, admitted to the violations.
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.
Code Enforcement 2016-11-16 25
Inspector Diane Devol recommended compliance for the 2 violations by January 31, 2017 or a
fine of$150 per day per violation be imposed. She said the owner recently purchased the 1920s
era house and cut back vegetation: a total renovation was needed. She had no communication
with the property owner and all certified mail was returned. Property photographs on August 10,
2016 showed an air conditioning unit falling out of a rotted exterior wall, mold and mildew on
exterior surfaces, windows with rotten wood and peeling paint, and stucco peeling off the
detached garage with rotten casings and a leaning door. She spoke with Mr. Eshel re roof repairs.
Mr. Eshel said repairs would be completed by the end of January.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violations on
or before January 31, 2017. 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 November
16, 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 2 violations exist: exterior
surfaces and door and window openings. A representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-
1502.C.1, & 3-1502.C.3, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Repair or replace all areas of rotten
wood and peeling or cracked stucco, remove all mold and mildew, and paint exterior surfaces,
including the garage; 2) Repair all windows that are cracked or broken and repair, replace or
remove all torn screens; and 3) Properly install or replace the garage door to comply with said
Section(s) of the Code by the deadline, January 31, 2017. 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 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
Code Enforcement 2016-11-16 26
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.17 Case 128-16— Repeat Violation
Gilbert Jannelli
1871 Douglas Ave.
Ext. Surfaces/Aband. Bldg./Lot Clearing/Door &Window/Roof Maint. - Knight
Property owner Gilbert Jannelli was present. Attorney Joel Treuhaft, representative for property
owner Jannelli, admitted to the violations but not as repeat violations. He said the property had
never been in violation previously.
Attorney Smith reviewed the Code definition of an abandoned building and State Statute
definition of a repeat violation. On August 27 2014, the MCEB (Municipal Code Enforcement
Board) had found Gilbert Jannelli's;property at 23837 US Hwy 19 in violation of the same
sections of Code as were violated at 1871 Douglas Avenue.
Inspector Daniel Knight provided a PowerPoint presentation. Repeat violations at 1871 Douglas
Avenue related to exterior surfaces, abandoned building, lot clearing, doors and windows, and
roof maintenance. A screenshot from Clearwater utilities showed property water was
disconnected in June 2012.A screenshot from Accela showed no BTR (Business Tax Receipt)
issued for the property since August 31,;2012. Property photographs on August 26, 2016
showed cracked windows, two boarded rear windows, damaged soffit, mold, mildew, and
discoloration on exterior walls, the roof, and a downpipe, and trash and debris in the rear.
Inspector Knight said on September 6, 2016, property owner Jannelli said he would fix the
violations. Property photographs on September 6, 2016 showed cracked windows, boards
removed from cracked rear windows, damaged soffit, discoloration on exterior walls and a
downpipe, a painted portion of the roof and a discolored portion, some trash removed, and
brush debris in property's rear. Property photographs on September 16, 2016 showed cracked
windows, damaged soffit, discoloration on exterior walls and roof, and brush and debris in rear.
Property photographs on September 29, 2016 showed cracked windows, damaged soffit,
discoloration on exterior walls, a downpipe, and part of the roof, brush and debris in the rear,
miscellaneous items stored in vacant units, and a collapsed ceiling. Property photographs on
October 17 and November 3, 2016 showed cracked windows, damaged soffit, discoloration on
exterior walls, a downpipe, and part of the roof, and brush and debris in the rear.
On November 10, 2016, property owner Jannelli had City utilities reconnected in his name,
contacted Inspector Knight, and faxed him a lease agreement for 2011 to 2017. A property with
Code Enforcement 2016-11-16 27
discontinued utilities was considered abandoned even with an active lease. Property
photographs on November 14, 2016 showed entire roof and walls were painted, rear windows
repaired, and brush, trash and debris removed. The 5 repeat violations were in compliance as of
November 10, 2016.
Attorney Smith said he met with Attorney Treuhaft to develop a plan to revitalize all property
owner Jannelli's properties in Clearwater. He requested the board issue an order imposing fines
today with the understanding that the City would support reducing the liens for these repeat
violations to administration costs once all subject properties comply with Code.
Attorney Treuhaft said property owner Jannelli did not intend to be a reoccurring visitor to MCEB
meetings. He said the City proposed property owner Jannelli list of all of his properties in
Clearwater, meet with Code Inspectors responsible for each property regarding actions
necessary to remedy any violations, and to prioritize properties for repair. He said property
owner Jannelli's actions to remedy all violations at 1871 Douglas Avenue listed in the October
17, 2016 Notice of Hearing prior to today's hearing proved property owner Jannelli's interest in
complying with Code. He said the Notice of Violation had provided a compliance date.
Attorney Smith said the City issued a Notice of Repeat Violation for the Douglas Avenue
property on August 26, 2016. Attorney for the Board Andy Salzman said according to State
Statute, properties with repeat violations were subject to fines for each day each repeat violation
occurred.
Attorney Treuhaft said the fines inequitably impacted people who owned multiple properties. He
said the goal of Code Enforcement was to obtain compliance. He expressed concern re staff's
recommendation for a substantial fine.
Attorney Smith said the City was not recommending the maximum $500 fine. He hoped all of
property owner Jannelli's properties in Clearwater would be brought into compliance.
Member Riordon moved to find the Respondent(s) was in violation of the City of Clearwater
Code as referred to in the affidavit in this case and has committed repeat violations. The motion
was duly seconded and carried unanimously.
Inspector Knight recommended a fine of$250 per day per violation be imposed for the 77 days
from August 26 to November 10,;2016 the 5 repeat violations existed for a total of$96,250.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order that a fine of$250 per day per violation be imposed
for 77 days. 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.
This case came before the City of Clearwater Municipal Code Enforcement Board on November
16, 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 2016-11-16 28
Based upon the testimony and evidence received, it is evident that exterior surfaces, roof
maintenance and clean roof, doors & windows, public nuisance condition and lot clearing
violation, and abandoned building was/were in violation of the City of Clearwater Code. A
representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Code Section(s) 3-1502.113, 3-1503.113.1, 3-1503.113.2,
3-1503.113.9, 3-1503.113.7, 3-1502.C.1, 3-1502.C.3, 3-1502.C.4, 3-1502.D.1, & 3-1502.D.3, as
referred to in the Affidavit in this case and previously was/were found to have violated the same
Code Section(s) on August 27, 2014 at Gilbert G. Jannelli's 23837 US Hwy 19 property, and
therefore, committed a repeat violation.
ORDER
It is the Order of this Board that the Respondent(s) pay a fine of$96,250 ($250.00 daily fine for
each of 5 repeat violations) for the 77-day time period from August 26, 2016 to November 10,
2016, when the repeat violation(s) occurred. The Board further orders that if the Respondent(s)
repeats/repeat the violations referenced herein within 5 years, the Board may order the
Respondent(s) to pay a fine of up to $500.00 for each day each repeat violation continues.
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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
4.18 Case 129-16
Jose Diaz & Margaret Smith
1862 Dawn Dr.
Res. Grass Parking/Hauling Trailer/Inoperative Veh./Fences - Hollifield
Property owners Jose Diaz and Margaret Smith denied the violations.
Inspector Sherry Hollifield provided a PowerPoint presentation. A notice of violation was issued
on June 14, 2016, following the first inspection. The 4 violations at 1862 Dawn Drive related to
Code Enforcement 2016-11-16 29
residential grass parking, a hauling trailer, inoperative vehicle, and fences. Property
photographs on June 14, 2016 showed a boat on trailer behind a wooden fence, a hauling
trailer, and a boat on trailer with deflated tire and no current license tag in the driveway.
Property photographs on June 23, 2016 showed PVC (polyvinyl chloride) and wooden fencing
and a hauling trailer on the grass. Property photographs on June 27, 2016 showed PVC fencing
in disrepair, a broken slat and hole in wooden fencing, a hauling trailer and boat on trailer in the
driveway. Property photographs on July 21, 2016 showed a hauling trailer in the driveway and
PVC and wooden fencing.
Property photographs on August 2, 2016 showed a hauling trailer and boat on trailer with
deflated tire in the driveway and PVC fencing. Property photographs on October 5, 2016
showed a hauling trailer and boat trailer with deflated tire in the driveway, PVC fencing, and a
boat covered with vegetation behind wooden fencing. Property photographs on November 3,
2016 showed PVC fencing, a boat covered with vegetation behind wooden fencing, and a
hauling trailer in the driveway. A Stop Work Order was issued on June 24, 2016 re installation of
fencing without permit.
Screenshots showed that from 2006 through 2016, the same property owners had 40 logged
violations, including a Stop Work Order, grass parking, fence maintenance, outdoor storage,
vehicles with expired license tags, jet skis, vehicle repair, a boat longer than 20-feet in driveway,
overgrown landscaping, inoperable vehicles, hauling trailer, etc. Property photographs on
November 10, 2016 showed a boat covered with vegetation behind wooden fencing, a hauling
trailer and boat on trailer with deflated tire'in driveway, PVC fencing, the well-maintained
neighborhood, and from the neighbor's property, a,boat on a'trailer without a license tag parked
on an unapproved surface in the backyard.
Mr. Diaz said the City was picking on him. He said the fence broke when he pressure washed it
and the City then required him to obtain a permit to replace it. He said he installed the PVC
fence, found it not durable„and decided not to replace the wooden fence on the other side of
the house. He said he put his boat in the back yard after he was not allowed to store it out front.
He said other properties in the City had similar violations. He said he used the hauling trailer all
the time for work and did not store his other 5 hauling trailers on his property.
Ms. Smith said Code Enforcement spent more time at her house than anywhere else in her
neighborhood and did not respond to her complaints re neighborhood violations. She said the
City abused them and allowed neighbors to harass her.
Mr. Diaz said he refused to fill the deflated tire on the boat trailer because the City was bullying
them. He said he had a license tag for the boat trailer but removed it after 2 tags were stolen.
Discussion ensued with comments that the violations were easy to remedy.
Mr. Teunis said he would gladly discuss the violations with the property owners as long as they
acted civilly. No other property in Clearwater was cited as many times. He said the property
owners refused to correct their violations and could not compare their property with others. He
reviewed Code re hauling trailers. In response to a question, Attorney Smith reviewed Code re
paint colors for houses.
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.
Code Enforcement 2016-11-16 30
Inspector Hollifield recommended compliance in 15 days or a fine of$150 per day per violation
be imposed.
Discussion ensued regarding the violations and a recommendation that a larger fine be imposed
due to the Respondent's belligerent behavior.
Attorney Smith submitted composite exhibits.
Member Riordon moved to enter an order requiring the Respondent to correct the violation
related to the inoperative vehicle on or before December 15, 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.
Member Riordon moved to enter an order requiring the Respondent to correct the violations
related to the hauling and boat trailers, residential grass parking, and fences on or before
January 15, 2017. 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 November
16, 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 4 violations exist:
inoperative vehicle, residential grass,parking, hauling trailer, and fences. The Respondent(s)
was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.113.1, 3-
1407.A.5, 3-1407.A.73-1407.A.3.c, 3-1407.A.2.c, 3-1503.113.6, 3-808.A.1, 3-808.A.5, 3-808.A.6,
& 3-808.A.2 as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain a valid tag for the boat trailer,
inflate the boat trailer's tire, and park the boat trailer in the driveway or on the grass parallel and
adjacent to the driveway (only one vehicle may be parked on the grass adjacent to the
driveway) to comply with said Section(s) of the Code by the deadline, December 15, 2016. The
fine is $150.00 per day for each and every day this violation continues past the date set for
compliance.
AND
It is the Order of the Board that the Respondent(s) shall 1) Apply for a fence permit, replace all
rotted boards, and install fencing with a uniform appearance, using either wood or PVC fencing
material; 2) Obtain a valid tag for the second boat trailer; 3) Park the trailers on an approved
and permitted surface such as concrete, brick pavers, or asphalt; and 4) Screen the hauling
trailer and boat trailer behind a 6-foot hedge, fence, or wall or park the hauling trailer in the
Code Enforcement 2016-11-16 31
garage or store the boat and hailing trailers off site to comply with said Section(s) of the Code
by the deadline, January 15, 2017. 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 Sharon Hollifield, 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 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
5. UNFINISHED BUSINESS
5.1 Case 73-16 Affidavit of Non-Compliance
Huewitt, Laura J Est.
1118 Carlton St.
Lot Clearing/Door&Window Openings/Exterior Surfaces/Inoperative Vehicle/Exterior
Storage/Roof Maintenance— Devol"
5.2 Case 78-16 Affidavit of Non-Compliance
Martha Mlaki-Mensah
215 S Pegasus Ave.
Exterior Surfaces —Cantrell
5.3 Case 85-16 Affidavit of Non-Compliance
Barnell Evans Sr.
1729 Overbrook Ave.
Residential Grass Parking/Exterior Storage— Knight
Code Enforcement 2016-11-16 32
5.4 Case 97-16 Affidavit of Non-Compliance
Joseph Perrone
407 S Orion Ave.
Ext. Surfaces/Ext. Storage/Windows Maint./Fences &Walls/Lot Clearing/Abandoned
Bldg. –Cantrell
5.5 Case 12-13 Affidavit of Compliance
Brita Kolar
1742 Sunset Dr.
Existing Docks– Devol
5.6 Case 107-15 Affidavit of Compliance
Christopher&Delores Torunski
1483 Park St.
Parking Lot Surfaces – Fletcher
5.7 Case 52-16 Affidavit of Compliance
Timothy & Janice Amburgy
2813 Long View Dr.
Exterior Surfaces – Harris
5.8 Case 63-16 Affidavit of Compliance
Globality Partners Corp
2233 Springwood Cir.
Landscaping Required – Fletcher
5.9 Case 86-16 Affidavit of Compliance
Andrew J. Weiner
1956 Souvenir Dr. -
Ext. Storage– Fletcher
5.10 Case 93-16 Affidavit of Compliance
Jay& Cynthia Ostrow
2672 Burntfork Dr.
Roof Maintenance– Harris
5.11 Case 100-16 Affidavit of Compliance
Herman Fabrizio Beltran
2060 Betty Lane
Res. Grass Parking-Knight
Member Riordon moved to accept the Affidavits of Compliance for Cases 12-13, 107-15, 52-16,
63-16, 86-16, 93-16, and 100-16 and to accept the Affidavits of Non-Compliance and issue the
Order imposing fines for Cases 73-16, 78-16, 85-16, and 97-16. The motion was duly seconded
and carried unanimously.
6. NEW BUSINESS
Code Enforcement 2016-11-16 33
6.1 Case 92-16 — Repeat Violation — Req. for Rehearing — Cont. from 10/26/16
Gilbert Jannelli & Barbara Suslak
23837 US Highway 19
Door &Window Openings/Graffiti
Property owner Gilbert Jannelli was present. Attorney Joel Treuhaft , representative for property
owner Jannelli, said he filed for the rehearing before he worked out a plan with Attorney Smith
to remedy the Respondent's properties.
Member Riordon moved to deny the request for a rehearing for Case 92-16. The motion was
duly seconded and carried unanimously.
6.2 Case 107-15— Request for Lien Reduction
Christopher& Delores Torunski
1483 Park St.
Parking Lot Surfaces - Fletcher
Code Compliance Manager Terry Teunis said the property was in compliance and the City
supported a reduction of the $43,200 lien to administration costs of$1,301.20.
Property owner Christopher Torunski requested 90 days to pay the administration costs.
Member Riordon moved to enter an order reducing the fine for Case 107-15 to administration
costs of$1,301.20 payable within 90 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 November 16, 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
February 24, 2016, as recorded in O.R. Book 19113, Pages 485 - 488 of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,301.20 payable to the
Petitioner by February;14, 2017. If the reduced lien amount is not paid within the time specified
in this Order, a lien in the original amount of$43,200.00 shall be recorded in the public records
of Pinellas County, Florida.
DONE AND ORDERED this 16th day of November 2016, at Clearwater, Pinellas County,
Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
PHILLIPS, DEBORAH B EST
1823 BARBARA LN PNU2016-00993
02-29-15-10926-000-0580 $470.50
Code Enforcement 2016-11-16 34
CHRISTINE PECHA
1717 STARLIGHT DR
02- 29 -15- 16010 - 000 -1210
PNU2016 -01335
$627.75
LINDA G GLORE
1330 TIOGA AVE
PNU2016 -01464
22- 29 -15- 48978 - 001 -0200
$220.00
PHILLIPS, DEBORAH B EST
1823 BARBARA LN
PNU2016 -01576
02- 29 -15- 10926- 000 -0580
$813.25
Member Riordon moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 4:32 p.m.
Attest:
11 e I
Secretary to the Board
ipal Code Enforcement Board
Code Enforcement 2016 -11 -16 35