02/22/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 22, 2017
Present: Chair Michael J. Riordon, Vice Chair Wayne Carothers, Board Member James E.
Strickland, Board Member Joseph A. Nycz, Board Member Robert Prast, Board Member Daniel
Engel, Board Member Jack Kleban
Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney,
Nicole Sprague —Secretary to the Board, Patricia O. Sullivan — Board Reporter
The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
The Chair outlined the procedures and stated any aggrieved party may appeal a final
administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas
County within thirty days of the execution of the order. Florida Statute 286.0105 requires any
party appealing a decision of this Board to have a record of the proceedings.
2. APPROVAL OF MINUTES
2.1. Approve minutes of the January 25, 2017 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Prast moved to approve minutes of the January 25, 2017 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4.1 Case 03-17 —Continued from January 25, 2017—Withdrawn.
Sreejaya Grass
1413 Stewart Blvd.
Roof Maintenance— Cantrell
Case 03-17 was withdrawn.
4.2 Case 25-17
Gloria Marshall
1535 Scranton Ave.
Ext. Storage/Fences— Knight
Property owner Gloria Marshall was present.
Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on
November 3, 2016, following the first inspection. The 2 violations at 1535 Scranton Avenue
related to exterior storage and fence maintenance. Property photographs on October 28, 2016
Code Enforcement 2017-02-22 1
showed exterior storage of a table, lamp and items collapsing chain link and wooden fencing.
Property photographs on November 21, 2016 showed less exterior storage but no change to
fences. Property photographs on December 8, 2016 showed exterior storage of tires and items
and no change to fences. Property photographs on December 29, 2016 and January 12, 2017
showed exterior storage of shutters and items and no change to fences. On January 12, 2017,
the property owner requested compliance information. Property photographs on February 10,
2017 showed exterior storage and a leaning section of wooden fence; the chain link fence and
part of wooden fence were removed. Property photographs on February 21, 2017 showed the
leaning wooden fence; exterior storage was removed.
Member Carothers 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 Knight recommended compliance for the fence by March 22, 2017 or a fine of$150 per
day be imposed and requested a declaration of violation; exterior storage was in compliance.
Ms. Marshall said she needed 2 weeks to repair the fence.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation re
fence maintenance on or before March 22, 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.
Member Nycz moved to find the violation re exterior storage 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 February 22,
2017, after due notice to the Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 1 violation exists: fence
maintenance.
It also is evident conditions related to exterior storage existed; however, it is further evident
these conditions were corrected prior to this hearing.
The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Sections 3-808, 3-808.A.1, 3-
808.A.2, 3-808.A.3, 3-808.A.4, 3-808.A.5 & 3-808.A.6, as referred to in the Affidavit in this case.
The Respondent(s) was/were in violation of City of Clearwater Code Sections 3-1502.G.1, 3-
1502.G.2 & 3-1502.G.3, as referred to in the Affidavit in this case.
Code Enforcement 2017-02-22 2
ORDER
It is the Order of the Board that the Respondent(s) shall repair and/or replace the fence so that it
is not damaged, leaning, or has missing boards or remove the fence from the property to
comply with said Section(s) of the Code by the deadline, March 22, 2017. The fine is $150.00
per day for each and every day the violation continues past the date set for compliance.
It is the Order of this Board that no fine will be imposed against the Respondent(s) for the
condition related to exterior storage. If the Respondent(s) repeats/repeat these violations 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.
Upon complying with said Section 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 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.3 Case 26-17
Gary Ramen & Denise Vogel
1546 Tilley Ave.
Ext. Surfaces/Door &Window Openings — Knight
No one was present to represent the Respondent.
Member Carothers 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 2 violations were for exterior surfaces and door & window
openings. He recommended compliance by March 22, 2017 or a fine of$150 per day per
violation be imposed.
Code Enforcement 2017-02-22 3
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violations
on or before March 22, 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 February 22,
2017, 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 window& door 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-
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 and/or replace all damaged
and/or deteriorated wood, clean all discoloration, remove all peeling paint, and paint where
needed and 2) Repair and/or replace all damaged and broken windows so they are secure,
tight-fitting, and weatherproof to comply with said Section(s) of the Code by the deadline, March
22, 2017. The fine is $150 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.
Code Enforcement 2017-02-22 4
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.4 Case 27-17
David Menge
1535 Tilley Ave.
Ext. Surfaces— Knight
Property owner David Menge admitted to the violation.
Member Kleban 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 by March 22, 2017 or a fine of$150 per day
be imposed. He provided a photograph presentation of the exterior surfaces violation at 1535
Tilley Avenue. Property photographs on October 28, November 22, December 8, 2016, January
12 and February 10, 2017 showed mold, mildew, discoloration, damaged soffit, rotted wood,
and missing lattice on exterior surfaces.
Mr. Menge said he was looking for a job, had insufficient resources for repairs, and was trying to
hang on to his house. He said a pastor might be able to help him power wash the house.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before April 22, 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 February 22,
2017, 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 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 and/or
deteriorated wood, clear/clean all discoloration and peeling paint, and paint where needed to
comply with said Section(s) of the Code by the deadline, April 22, 2017. The fine is $150.00 per
day for each and every day the violation continues past the date set for compliance.
Code Enforcement 2017-02-22 5
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 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.5 Case 28-17 -Withdrawn
Woodlawn Church of God
1517 Tilley Ave.
Ext. Surfaces/Roof Maint. — Knight
Case 28-17 was withdrawn.
4.6 Case 29-17
Tim Savio
1516 Tilley Ave.
Ext. Surfaces— Knight
Property owner Tim Savio denied the violation, stating the house was in compliance.
Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on
October 31, 2016, following the first inspection. The violation at 1516 Tilley Avenue related to
exterior surfaces. Property photographs on October 28 and December 12, 2016 and January 12
and February 10, 2017 showed damaged wood, discoloration, peeling paint, and missing and
damaged siding on exterior surfaces Property photographs on February 21, 2017 showed the
property was in compliance. He requested a declaration of violation.
Mr. Savio said he was out of the country and did not receive a notice of violation until he
returned last month. He said he would have corrected the violation earlier and did make repairs
upon receipt of the notification.
Attorney Smith submitted composite exhibits.
Code Enforcement 2017-02-22 6
Member Carothers moved to find the Respondent was in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation was corrected prior to today's
hearing, and to enter an order that no fine be imposed against the Respondent. If the
Respondent repeats the violation, the Board may order a fine of up to $500 for each day the
violation continues to exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on February
22, 2017, 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
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 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.7 Case 30-17
3 J J J's LLC
1508 Tilley Ave.
Parking Lot Surfaces/Ext. Storage/BTR— Knight
No one was present to represent the Respondent.
Code Enforcement 2017-02-22 7
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 Daniel Knight recommended compliance for the 3 violations for parking lot surfaces,
exterior surfaces, and a residential rental Business Tax Receipt by March 22, 2017 or a fine of
$150 per day per violation be imposed. He communicated with the tenants but the property
owner had not contacted him.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violations
on or before March 22, 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 February 22,
2017, 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: parking
lot surfaces, exterior & construction material storage, and required residential rental Business
Tax Receipt. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.A, 3-
1502.K.4, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 29.30(1), & 3-2302, as referred to in the
Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Repair/or replace the driveways with
a permanent all-weather paving material that is graded to drain stormwater so there is no
heaving and/or cracking; 2) Remove all items from the property that are not meant to be used
outdoors or are not meant to be kept outdoors; and 3) Submit the application and payment to
obtain a residential rental Business Tax Receipt to comply with said Section(s) of the Code by
the deadline, March 22, 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 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
Code Enforcement 2017-02-22 8
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.8 Case 31-17
M F R A Trust 20151
Wilmington Trust National Assoc Tre
1010 Pinebrook Dr.
Fences— Knight
Richard Foxx, with Foxx and Associates, LLC, said he represented the property owner and
admitted to the violation.
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 Daniel Knight recommended compliance by March 22, 2017 or a fine of$150 per day
be imposed. He was working with Mr. Foxx, who had a good plan to correct the violation.
Attorney Smith submitted composite exhibits.
Member Kleban moved to enter an order requiring the Respondent to correct the violation on or
before March 22, 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 February 22,
2017, after due notice to the Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 1 violation exists: fence
maintenance. 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) 3-808.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
Code Enforcement 2017-02-22 9
It is the Order of the Board that the Respondent(s) shall repair and/or replace the fence so that it
is not damaged, leaning or has missing boards or remove the fence to comply with said
Section(s) of the Code by the deadline, March 22, 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 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 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.9 Case 32-17
Brandy Amber Paul
320 Island Way
Short Term Rental — 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 requested a declaration of violation; the illegal short-term rental was in
compliance.
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.
Code Enforcement 2017-02-22 10
This case came before the City of Clearwater Municipal Code Enforcement Board on February
22, 2017, 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
present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113 & 3-919
as referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). 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 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.10 Case 33-17
B P of Pinellas LLC
18698 US Highway 19 N
Ext. Storage/Abandoned Bldg./Lot Clearing/Graffiti — Cantrell
Property owner Abdi Boozar admitted to the violations with reservation.
Inspector Jason Cantrell provided a PowerPoint presentation. A notice of violation was issued
on December 27, 2016, following the first inspection. The 4 violations at 18698 US Highway 19
N related to exterior storage, abandoned building—welfare/safety nuisance, trash/debris/lot
clearing, and graffiti.
The Municipal Code Enforcement Board recessed from 2:06 to 2:17 p.m.
Code Enforcement 2017-02-22 11
Property photographs on December 22, 2016 showed significant graffiti on brush filled dumpster
enclosure, debris, tires, and large piles of landscaping and concrete construction debris in the
rear. Property photographs on February 22, 2017 showed brush in the dumpster enclosure had
been set afire, graffiti on the enclosure's interior, debris, paint covering graffiti on part of the
enclosure, and large piles of landscaping and concrete construction debris in the rear.
Inspector Cantrell reviewed the definition of an abandoned building, which states an abandoned
building is deserted by the owner and left unsecured or is not maintained. The property's last
business closed in 2011; utilities remained active. The property had 3 police calls for service
since 2013.
Mr. Boozar said the property had been maintained by a landscaper. He said he had painted the
walls and cleaned the yard a number of times and filed numerous police reports. He said he
was trying to get a tenant and intended to clean the property. He said he had no knowledge re
source of graffiti or who set the fire or dumped the tires, concrete construction debris or
landscaping debris. He said the parking lot was lit at night and he had chains to block access.
He said he lost his last tenant due to US 19 construction. He said the Police Department
needed to be more vigilant and was not doing its job protecting his asset. He expressed
frustration at the lack of police protection. He said he needed 60 days to clean the property.
Discussion ensued with a comment that Mr. Boozar needed to stop people from dumping items
on his property and suggestions that he install a temporary fence around the property or hire a
security guard.
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 Cantrell recommended compliance by April 22, 2017 or a fine of$250 per day per
violation be imposed.
Discussion ensued regarding with the new configuration of US 19, a comment that the
recommended fine was too high, a concern the violations would reoccur, and a question if the
building was abandoned.
Attorney Smith said Mr. Boozar was blaming the Police Department for the violations instead of
accepting responsibility for maintaining his property. Code Compliance Manager Terry Teunis
said abandonment of the property had created current circumstances. These types of violations
would not occur if the building was occupied. The abandoned status of the property would go
away once the building was leased or sold.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations on or
before April 22, 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 February 22,
2017, 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:
Code Enforcement 2017-02-22 12
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 4 violations exist: abandoned
building -welfare/safety nuisance, graffiti, outdoor storage, and trash/debris/lot clearing. 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.F.1, 3-
1502.G.2, 3-1502.G.3, 3-1503.113.6, 3-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9,
3-1503.113.11, 3-1503.113.7, 3-1503.113.8, & 3-1504, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Maintain property free from code
violations, have active utilities, and occupy or sell the property; 2) Remove all graffiti and
maintain the property; 3) Remove shopping carts, tires, concrete and maintain the property free
of items not intended for outdoor use; and 4) Remove vegetation and any other debris and
maintain the property to comply with said Section(s) of the Code by the deadline, April 22, 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 Jason Cantrell, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.11 Case 34-17
Char Lynn Daughtry
210 Palm Island
Roof Maint. — Brown
Code Enforcement 2017-02-22 13
The property owner's daughter, Kristi Wright, admitted to the violation.
Member Carothers 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 recommended compliance by March 24, 2017 or a fine of$150 per day
be imposed. She provided an October 14, 2016 photograph of the house at 210 Palm Island
which showed the roof had deteriorated tile and peeling paint.
Ms. Wright said the house was for sale "as is" and anticipated it would sell within 4 months. She
said her mother would start moving into a condo on March 1, 2017.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before May 23, 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 February 22,
2017, after due notice to the Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 1 violation exists: roof
maintenance/clean roof/painted roof. 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.D.1, 3-
1502.D.3, & 3-1502.D.4, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain a permit for repairs requiring a
permit, repaint or remove peeling paint from roof tiles, and maintain the roof in a safe, secure,
watertight, clean, and mildew-free condition, free of trash, loose shingles or debris to comply
with said Section(s) of the Code by the deadline, May 23, 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
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
Code Enforcement 2017-02-22 14
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.12 Case 35-17
Cynthia Snyman
1849 Venetian Point Dr.
Existing Docks & Seawalls— Devol
The property owner's son-in-law, Lou Polur, admitted to the violation.
Member Kleban 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 recommended compliance by March 31, 2017 or a fine of$200 per day
be imposed. She presented a December 2, 2016 photograph of 1849 Venetian Point Drive
which showed dock debris in the water and missing, deteriorated, and broken boards on the
collapsing, unsafe dock. She reviewed permitting requirements.
Mr. Polur said most of the decking had been removed. He said the dock repair company told
him a permit would not be required. It was recommended he contact the City and County re
permitting requirements.
Attorney Smith submitted composite exhibits.
Member Nycz moved to enter an order requiring the Respondent to correct the violation on or
before April 30, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$200 per day for each day the violation continues to exist. The motion was
duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on February 22,
2017, 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: repair
of existing docks & seawalls - nuisance & public nuisance condition. A representative of the
Respondent(s) was present.
Code Enforcement 2017-02-22 15
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.A, 3-
1503.B.1, 3-601.D.1, & 3-601.D.2, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall:1) Obtain proper approval from the City
of Clearwater Planning & Development Department and take the approval documentation to
Pinellas County Water & Navigation Department to obtain the necessary permit and 2) Repair or
replace all areas of the dock with rotten wood and properly dispose of all wood from the old
dock, to include removing debris from the old dock that fell into the water to comply with said
Section(s) of the Code by the deadline, April 30, 2017. The fine is $200.00 per day for each and
every day the violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Diane Devol, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.13 Case 36-17
Jeffrey Hinds
1000 Howard St.
Residential Rental BTR— Devol
No one was present to represent the Respondent.
Member Carothers 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 a notice of violation was issued on November 3, 2016. The tenants
corrected many violations; the property owner must obtain the residential rental Business Tax
Code Enforcement 2017-02-22 16
Receipt. She had no contact with the property owner but did include a Business Tax Receipt
application with the notice of violation. She recommended compliance by March 15, 2017 or a
fine of$150 per day be imposed.
Attorney Smith submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent to correct the violation on
or before March 15, 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 February 22,
2017, 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:
required residential Business Tax Receipt. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-2302 & 3-2303
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall submit the application and $39.39
($31.50 + 7.89 penalty fee) payment to obtain a residential rental Business Tax Receipt to
comply with said Section(s) of the Code by the deadline, March 15, 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 Diane Devol, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
Code Enforcement 2017-02-22 17
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
4.14 Case 37-17
Robert J Metz
Sugar Factory LLC
1844 Drew St.
Parking Lot Surfaces/Ext. Surfaces/Fences &Walls - Hollifield
Property owner Robert Metz admitted to the violations.
Member Strickland 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 Sherry Hollifield recommended compliance by March 24, 2017 for parking lot surfaces
and exterior surfaces/window maintenance or a fine of$150 per day per violation be imposed
and requested a declaration of violation; fence maintenance was in compliance.
Inspector Hollifield said a notice of violation was issued on September 9, 2016, following the first
inspection. She provided a photograph presentation of the 2 violations at 1844 Drew Street.
Property photographs on September 15, 2016 showed cracks and pot holes in the front parking
lot surface, the dilapidated rear parking lot surface, rotted wood, mold, and mildew on rear
exterior surfaces, and vegetation growing out of deteriorated fascia on front exterior surfaces.
Property photographs on November 17, 2016 showed deteriorated fascia and damaged parking
lot surfaces. A property photograph on January 17, 2017 showed rear exterior surfaces had
mold and mildew.
Mr. Metz said he needed time to obtain bids for the parking lot; he did not know what repairs
were necessary or how long they would take. Mr. Teunis said staff would meet with Mr. Metz re
compliance requirements.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the violation re fence maintenance 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.
Member Carothers moved to enter an order requiring the Respondent to correct the violations
for exterior surfaces and parking lot surfaces on or before April 22, 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 February 22,
2017, 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:
Code Enforcement 2017-02-22 18
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior
surfaces/window maintenance and parking lot surfaces.
It also is evident conditions related to fence maintenance existed; however, it is further evident
these conditions were corrected prior to this hearing.
The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Sections 3-1502.13, 3-
1502.C.3, 3-1403.A. & 3-1502.K.4, as referred to in the Affidavit in this case.
The Respondent(s) was/were in violation of City of Clearwater Code Sections 3-808, 3-808.A.1
3-808.A.2, 3-808.A.3, 3-808.A.5. & 3-808.A.6, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) remove mildew and declining paint
from exterior surfaces, replace all rotten wood in fascia area, and repair or replace all damaged
or broken windows and 2) fill all pot holes and repave the parking lot surface to comply with said
Section(s) of the Code by the deadline, April 22, 2017. The fine is $150.00 per day per violation
for each and every day each violation continues past the date set for compliance.
It is the Order of this Board that no fine will be imposed against the Respondent(s) for the
condition related to fence maintenance. If the Respondent(s) repeats/repeat these violations
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.
Upon complying with said Section of the Code, the Respondent(s) shall notify Inspector
Sherry 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
Code Enforcement 2017-02-22 19
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 88-16 Affidavit of Compliance
Douglas P Heuberger
853 Lantana Ave.
Ext. Surfaces— Brown
5.2 Case 124-16 Affidavit of Compliance
Bruce Barrows
1433 San Juan Ct.
Hauling Trailer/Res. Grass Parking/Ext. Storage— Fletcher
5.3 Case 132-16 Affidavit of Compliance
Hassen Chaaban
Bilal-Malik Hassen Chaabab
1760 Sharondale Dr.
Public Health, Safety or Welfare Nuisance (Pool)/Fences— Knight
5.4 Case 58-16 Affidavit of Non-Compliance
H & S Realty & Property Inc.
1501 N Betty Lane
Fences &Walls/Door &Window Openings/Abandoned Bldg — Knight
5.5 Case 61-16 Affidavit of Non-Compliance
Michelle Lamontagne
1766 Murray Ave.
Ext. Surfaces/Roof Maintenance— Fletcher
5.6 Case 74-16 Affidavit of Non-Compliance
Wade Clark
Clark, Jeremiah Jr Est
1122 Carlton St.
Ext. Storage/Ext. Surfaces/Roof Maintenance/Lot Clearing — Devol
5.7 Case 129-16 Affidavit of Non Compliance
Jose Diaz & Margaret Smith
1862 Dawn Dr.
Res. Grass Parking/Hauling Trailer/Fences - Hollifield
5.8 Case 132-16 Affidavit of Non-Compliance
Hassen Chaaban
Bilal-Malik Hassen Chaabab
1760 Sharondale Dr.
Ext. Surfaces— Knight
Code Enforcement 2017-02-22 20
5.9 Case 133-16 Affidavit of Non-Compliance
Moore, John A Est
915 N Highland Ave.
Ext. Surfaces/Door &Window Openings/Abandoned Bldg. - Knight
5.10 Case 135-16 Affidavit of Non-Compliance
Nhan Dinh
Hong Nguyen
1455 Overlea St.
Ext. Storage— Knight
In reference to Case 135-16, it was noted the property was in compliance following the tenants'
recent eviction and it was recommended that the property owner not be fined due to special
circumstances.
Member Carothers moved to accept the Affidavits of Compliance for Cases 88-16, 124-16, and
132-16 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for
Cases 58-16, 61-16, 74-16, 129-16, 132-16, and 133-16. The motion was duly seconded and
carried unanimously.
Member Prast moved to accept the Affidavit of Non-Compliance and issue the Order imposing
no fine for Case 135-16. The motion was duly seconded and carried unanimously
6. NEW BUSINESS
6.1 Case 34-16 Request for Lien Reduction
Dror Peled
2706 Landmark Dr.
Residential Grass Parking — Harris
Mr. Teunis said Dror Peled still owned the property. The City would not make a
recommendation; the City recommended lien reductions in cases for properties with new
investors.
Daniel Peled said when the trustworthy tenants told him the Code Enforcement Inspector had
clarified parking requirements and the property was in compliance, he believed them. He said
the tenant had not really understood the Inspector's explanation. He said his father, himself, and
the tenant had not intentionally spited the City.
Dror Peled said when the City's certified letter arrived, he was sick, Baker-acted, and in the
process of losing his medical license. He said by the time he found and opened the letter, the
lien was $8,000. He said the parking problem was resolved and he did not intend to be out of
compliance again.
In response to a question, Dror Peled said his mail was delayed after he closed his office..
In response to a concern that the property owner and his representative had not visited the
property to verify compliance, Daniel Peled said he thought the parking was in compliance when
he drove past the property but had not truly understood City residential parking requirements.
Attorney for the Board Andy Salzman said administration costs were $1,372.20.
Code Enforcement 2017-02-22 21
It was felt administration costs were a sufficient penalty. Concern was expressed the property
owner was responsible for his property.
Member Kleban moved to enter an order reducing the fine for Case 34-16 to administration
costs of$1,372.20 payable within 30 days or the lien will revert to its original amount. The
motion was duly seconded. Members Strickland, Carothers, Nycz, Engel, Kleban and Chair
Riordon voted "Aye"; Member Prast voted "Nay." Motion carried.
The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a
hearing held on February 22, 2017, 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
April 27, 2016, as recorded in O.R. Book 19308, Pages 406 - 407 of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,372.20 payable to the
Petitioner by March 24, 2017. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of$7,950.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of February 2017, at Clearwater, Pinellas County, Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
MICHAEL HARRY& MORGAN
ARIELLE LP
410 PENNSYLVANIA AVE PNU2016-00908
10-29-15-72000-005-0010 $995.00
AVRAHAM BENSIMON
309 S PEGASUS AVE PNU201 6-01 1 44
13-29-15-82602-002-0030 $545.00
EVERS MAXIE JR
1203 BLANCHE B LITTLEJOHN TRL PNU2016-01293
10-29-15-65718-002-0050 $575.00
T C 12 LLC
1201 N GARDEN AVE PNU2016-01360
09-29-15-65466-000-0191 $632.00
Code Enforcement 2017-02-22 22
ROBITAILLE, HILDEGARD H EST
1288 BURMA AVE PNU2016-01450
19-29-16-92322-003-0080 $370.00
GULF POINT LTD
1938 SPRINGTIME AVE PNU2016-01729
03-29-15-88128-007-0500 $370.00
WILLIAM EVANS JR
CAROLYN DENISE EVANS
2484 MOORE HAVEN DR PNU2016-01764
31-28-16-98725-000-0150 $475.00
BETHEL CHRISTIAN CENTER
CHURCHINC
1001 MARSHALL ST PNU2016-01785
10-29-15-61758-002-0060 $370.00
BETHEL CHRISTIAN CENTER
CHURCHINC
1003 MARSHALL ST PNU2016-01786
10-29-15-61758-002-0070 $390.00
BETHEL CHRISTIAN CENTER
CHURCHINC
1500 N MARTIN LUTHER KING JR PNU2016-01787
AVE
10-29-15-61758-002-0080 $370.00
BETHEL CHRISTIAN CENTER
CHURCHINC
1007 MARSHALL ST PNU2016-01788
10-29-15-61758-002-0081 $459.25
BANK OF AMERICA
1770 RAGLAND AVE PNU2016-01821
06-29-16-16506-000-0480 $710.00
MARTHA MLAKI-MENSAH
215 S PEGASUS AVE PNU2016-01976
13-29-15-82458-002-0120 $220.00
Code Enforcement 2017-02-22 23
CHRISTINE RILEY
STELLA MAZUR
3319 SAN BERNADINO ST
09- 29 -16- 20826- 000 -4870
PNU2016 -01979
$348.91
TERESITA C DAVIDSON
1370 S MADISON AVE
22- 29 -15- 48978 - 008 -0190
PNU2016 -01986
$220.00
Member Strickland moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 3:15 p.m.
Attest:
Chair, Munici
Secre ary to the Boar
Code Enforcement 2017 -02 -22
i
ode Enforcement Board
24