05/24/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
May 24, 2017
Present: Chair Michael J. Riordon, Board Member James E. Strickland, Board Member Joseph
A. Nycz, Board Member Robert Prast, Board Member Daniel Engel, Board Member Jack Kleban
Absent: Vice Chair Wayne Carothers
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 April 26, 2017 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Prast moved to approve minutes of the April 26, 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:
4. PUBLIC HEARINGS
4.1 Case 54-17 - Repeat Violation — Continued from April 26, 2017
Janet C Bombard & Michael Trapuzzano
964 Mandalay Ave.
Short Term Rental — Phillips
No one was present to represent the Respondent.
Member Nycz 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 a repeat violation. The motion was
duly seconded and carried unanimously.
Inspector Julie Phillips said the violation at 964 Mandalay Avenue was for a repeat illegal short-
term rental. On February 25, 2015, the Municipal Code Enforcement Board found the property
owners in violation of the Code re illegal short-term rental and on December 16, 2015 issued an
order for a repeat violation. On March 24, 2017, Inspector Phillips was able to reserve the
Code Enforcement 2017-05-24 1
property for 7 days; property was advertised on VRBO (Vacation Rental by Owner) for weekly
rentals. Website corrected during weekend.
Inspector Phillips recommended a fine of$500 for the 1-day violation on March 24, 2017.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Prast moved to enter an order that a fine of$500 be imposed for the time the violation
existed, payable within 30 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 and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on May 24,
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 evident that the property was
advertised for an illegal short-term rental and was/were in violation of the City of Clearwater
Code. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Code Section(s) 1-104.113 & 3-919 as referred to in
the Affidavit in this case and previously was/were found to have violated the same Code
Section(s) on February 25 and December 16, 2015 and March 22, 2017, and therefore,
committed a repeat violation.
ORDER
It is the Order of this Board that the Respondent(s) pay a fine of$500.00 for March 24, 2017
when the repeat violation(s) occurred, payable by June 23, 2017. The Board further orders that
if the Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board
may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation
continues.
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
Code Enforcement 2017-05-24 2
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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.2 Case 56-17 —Continued from April 26, 2017
Carolyn Curry
1005 N Highland Ave.
Exterior Surfaces — Knight
No one was present to represent the Respondent.
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 presented property photographs of the violation at 1005 N Highland
Avenue. May 12, 2017 photographs showed exterior surfaces with peeling paint, mildew, and
damaged fascia. A notice of violation was issued on February 3, 2017. He had no contact with
the property owner. City utilities were on snowbird status. A neighbor said the house had not
been occupied for many years.
Inspector Knight recommended compliance by June 12, 2017 or a fine of$150 per day be
imposed.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation on
or before June 12, 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 May 24,
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 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
and/or deteriorated wood, peeling paint and paint where needed to comply with said Section(s)
Code Enforcement 2017-05-24 3
of the Code by the deadline, June 12, 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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.3 Case 57-17 —Continued from April 26, 2017
Conrad Dalman
1446 Thames Ln.
Res. Rental BTR— Knight
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 Daniel Knight said he had no communication with the property owner. When he visited
the property for original complaint re hauling trailer, a man at the property said he was a renter.
The property did not have a residential rental Business Tax Receipt.
Inspector Knight recommended compliance by June 12, 2017 or a fine of$150 per day be imposed.
Attorney Smith submitted composite exhibits.
Member Nycz moved to enter an order requiring the Respondent to correct the violation on or
before June 12, 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.
Code Enforcement 2017-05-24 4
This case came before the City of Clearwater Municipal Code Enforcement Board on May 24,
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:
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) 3-2302, as referred
to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall submit an application and payment to
obtain a residential rental Business Tax Receipt to comply with said Section(s) of the Code by
the deadline, June 12, 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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.4 Case 58-17 —Continued from April 26, 2017
Murphy, Anita Trust
1560 Linwood Dr.
Res. Rental BTR/Exterior Storage— Knight
No one was present to represent the Respondent.
Code Enforcement 2017-05-24 5
Inspector Daniel Knight said the property was in compliance and requested a declaration of
violation.
Attorney Smith submitted composite exhibits.
Member Kleban moved to find the Respondent was in violation of the City of Clearwater Code
as referred to in the affidavit in this case, the violations were 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 May 24,
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(s) related to
residential rental Business Tax Receipt and exterior storage existed; however, it is further
evident this/these condition(s) was/were corrected prior to this hearing. The Respondent(s)
was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1502.G.1, 3-
1502.G.2, 3-1502.G.3, & 3-2302, 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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
Code Enforcement 2017-05-24 6
4.5 Case 62-17 —Continued from April 26, 2017
Jose Antonio
1587 Scranton Ave.
Exterior Surfaces/Grass Parking —Alston
No one was present to represent the Respondent.
Inspector Trava Alston presented property photographs of the 2 violations at 1587 Scranton Avenue
for exterior surfaces and grass parking. May 23, 2017 photographs showed loose siding and rotted
loose boards on the decking and front porch, which needed painting. Grass parking occurred
sporadically. Exterior surfaces had been power washed. He had no contact with the owner.
Inspector Alston recommended compliance by June 12, 2017 or a fine of$150 per day per
violation be imposed.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations
on or before June 12, 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 May 24,
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 grass parking. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.13, 3-
1403.13.1, & 3-1407.A.5, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Exterior Surfaces: maintain all walls
in a secure and attractive manner. Ensure all defective structural and decorative elements are
repaired and replaced in a workman like manner. Rid all walls and exterior surfaces of mildew,
rust, dirt, and loose materials, including peeling paint, and 2) Grass Parking: properly store all
vehicles on the property. Only one vehicle may be parked on the grass and it must be parallel
and adjacent to the driveway to comply with said Section(s) of the Code by the deadline, June
12, 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 Trava Alston, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
Code Enforcement 2017-05-24 7
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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.6 Case 63-17 —Continued from April 26, 2017, Continue to June 28, 2017
Javier & Maria Luisa Gutierrez
1556 S Prospect Ave.
Exterior Storage—Alston
Case 63-17 was continued automatically to June 28, 2017.
4.7 Case 64-17 —Continued from April 26, 2017, Continue to June 28, 2017
Javier Gutierrez
841 Howard St.
Exterior Storage—Alston
Case 64-17 was continued automatically to June 28, 2017.
4.8 Case 65-17 —Continued from April 26, 2017
David Nelson
1574 S Martin Luther King Jr. Avenue
Fences/Grass Parking — Devol
No one was present to represent the Respondent.
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 presented photographs of the 2 violations at 1574 S Martin Luther King
Jr. Avenue for fences and grass parking. The rental house fronted S. Martin Luther King Jr.
Avenue. October 28, 2016, February 8 and April 20, 2017 photographs showed vehicles parked
on the grass in the front yard and the collapsing rear fence along Ewing Avenue. The property
had no defined driveway. Installing a driveway and replacing the fence required permits.
Code Enforcement 2017-05-24 8
Inspector Devol recommended compliance by June 12, 2017 or a fine of$150 per day be imposed.
Attorney Smith submitted composite exhibits.
Member Nycz moved to enter an order requiring the Respondent to correct the violations on or
before June 12, 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 May 24,
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: fences
and grass parking. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-808, 3-808.A.1,
3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, 3-808.A.6, & 3-1407.A.5, as referred to in the
Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Fence: obtain a fence permit from
the City and repair, replace or remove all fencing with rotten or broken boards. Repair, replace
or remove all posts that lean or are not secure. The fence should have a uniform appearance
upon completion, and 2) Grass parking: until such time as a permit is obtained and an approved
parking surface is installed, the property needs a defined space for vehicles to park. Once the
space is defined, vehicles must only park in that area and leave the remainder of the front of the
house as a front yard to comply with said Section(s) of the Code by the deadline, June 12,
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
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.
Code Enforcement 2017-05-24 9
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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.9 Case 67-17 —Continued from April 26, 2017
Maria Mancos
Rose Mancos
1943 Gilbert St.
Exterior Surfaces/Fences — Hollifield
No one was present to represent the Respondent.
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 Sherry Hollifield said she had no contact with the property owner re 2 violations:
exterior surfaces and fences.
Inspector Hollifield recommended compliance by June 12, 2017 or a fine of$150 per day per
violation be imposed.
Attorney Smith submitted composite exhibits.
Member Kleban moved to enter an order requiring the Respondent to correct the violations on
or before June 12, 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 May 24,
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 fences. 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, 3-808,
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
Code Enforcement 2017-05-24 10
It is the Order of the Board that the Respondent(s) shall 1) Exterior Surfaces: exterior surfaces
shall be free of mildew and declining paint. Screens on the front area of the structure must be
replaced or removed and 2) Fence: replace all missing and rotten wood, secure posts and
stringers, and maintain fence in a vertical position so that it does not sag or lean to comply with
said Section(s) of the Code by the deadline, June 12, 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 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
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.10 Case 70-17 -Withdrawn
Pretium Mtg Acquisition Trust
Christiana Trust Tre
2030 Douglas Ave.
Exterior Surfaces/Door &Window Openings/Roof Maintenance — Knight
Case 70-17 was withdrawn.
4.11 Case 71-17
Anthony Michael Desandro
1314 Kings Highway
Door &Window Openings— Knight
Property owner Anthony Desandro admitted to the violation.
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.
Code Enforcement 2017-05-24 11
Inspector Daniel Knight recommended compliance by June 12, 2017 or a fine of$150 per day
be imposed. Mr. Desandro had repaired the other violations. May 16, 2017 property
photographs of 1314 Kings Highway showed boarded windows in the rear of the building.
Mr. Desandro said he had installed insulation and interior drywall and now had sufficient funds
to purchase materials to close in the windows and plaster the exterior.
Code Compliance Manager Terry Teunis said blocking window openings required a permit.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before July 24, 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 May 24,
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 a violation exists: door
and window openings. 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.C.1, 3-
1502.C.3, & 3-1502.C.4, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain necessary permit(s) and repair
and/or replace the building's rear windows to be windows or walls to comply with said Section(s)
of the Code by the deadline, July 24, 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.
Code Enforcement 2017-05-24 12
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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.12 Case 72-17 -Withdrawn
Surf Style Clearwater Beach Condo Assn Inc.
311 S Gulfview Blvd.
Window Signs — Knight
Case 72-17 was withdrawn.
4.13 Case 73-17
D Guy Prop Inc McMullen
1901 Edgewater Dr.
Abandoned Building — Knight
Steven Spencer, representing the Respondent, denied the violation.
Inspector Daniel Knight provided a PowerPoint presentation. The violation at 1901 Edgewater
Drive related to abandoned building. October 5, 2016 property photographs showed the former
gasoline station, hanging metal pieces, failing paint and significant mildew on the rear, and piles
of construction debris and yard waste. A November 29, 2016 screenshot showed 25 police calls
to the property from 2011 to 2016. A February 13, 2017 property photograph showed
Valentine's Day gifts displayed for sale. A May 17, 2017 photograph showed the property was
cleaned. Water utilities were active. A screenshot of City records showed a pending April 7,
2017 Business Tax Receipt application for a convenience store (deli) at this address.
In response to a question, Assistant Planning & Development Director Gina Clayton said the
property had been vacant for many years. A process was required to reestablish a use for the
property; an application to change the property's zoning had not submitted.
Mr. Spencer said he had done a similar project on Gulf-to-Bay Boulevard and worked with the
Planning & Development Director and Planning Manager, who supported retail services at this
site. He said the Level II approval process took 2 '/2 months and requested additional time. He
said he sent a revised site plan to the City today. Ms. Clayton recommended compliance be met
by mid August.
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 Knight said his original recommendation was for compliance by June 24, 2017 or a
fine of$250 per day be imposed but staff now supported extending that date.
Attorney Smith submitted composite exhibits.
Code Enforcement 2017-05-24 13
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before October 1, 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 May 24,
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:
abandoned building. 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) 3-1503.A, 3-
1503.B.1, 3-1503.113.2, 3-1503.113.3, & 3-1503.B.93-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.3,
& 3-1503.113.9, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall occupy the building and obtain a
current Business Tax Receipt and maintain the property in a nuisance free condition on a
regular basis or sell the property to comply with said Section(s) of the Code by the deadline,
October 1, 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
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
Code Enforcement 2017-05-24 14
DONE AND ORDERED this 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.14 Case 74-17
Benedict & Juliet Williams
900 Palmetto St.
Comm. Parking Restrictions/Abandoned Building/Exterior Surfaces/Lot Clearing/Door &
Window Openings— Devol
Property owners Benedict and Juliet Williams admitted to the violations.
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 provided a PowerPoint presentation. Notices of violation were issued on
November 22 and December 6, 2016 and March 6, 2017. The 5 violations at 900 Palmetto
Street were for commercial parking restrictions & parking lot surfaces, abandoned building &
public nuisance condition, exterior surfaces, lot clearing & accumulation of nuisances, and door
& window openings/window maintenance. December 7, 2015 property photographs showed
mildew on the vacant structure's soffit, trash, a large truck, and various trailers. A November 17,
2016 property photograph showed a large box truck. January 31, March 2 and 3, and May 18,
2017 property photographs showed vehicles, a truck that had someone living inside, exterior
surfaces with mold, mildew, unpainted surfaces, deteriorated wood, rotted soffit, collapsing
fascia, boarded, broken and painted windows, a broken pipe, deteriorating roof, missing power
box, and overgrowth, trash, construction debris, 5-gallon buckets, a shopping cart, and
landscaping debris. A May 23, 2017 screenshot from Clearwater Public Utilities indicated the
property had not had water service for more than 30 years.
Mr. Williams said they had purchased the property 10 to 15 years ago to prevent it from being
developed with a liquor store. He said the property did not have a water line and never had
water service; the structure once had power. He said they had intended to open a Laundromat
or commercial kitchen before he began cancer treatment 2 years ago. He said they wanted the
pressure off of them. Mrs. Williams said discussions continued re a Laundromat.
Inspector Devol recommended compliance by June 12, 2017 or a fine of$150 per day per
violation be imposed.
Discussion ensued with comments that property owners were responsible for maintaining their
properties. It was suggested the owners sell the property or raze the structure and install a
fence to stop people from dumping trash.
Mrs. Williams requested 6 months to resolve the violations due to her husband's poor health.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations on or
before September 1, 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
Code Enforcement 2017-05-24 15
This case came before the City of Clearwater Municipal Code Enforcement Board on May 24,
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 5 violations exist:
commercial parking restrictions, abandoned building, exterior surfaces, lot clearing, and door &
window openings. The Respondents were present
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1408, 3-1403.13.1,
3-1503.A, 3-1503.13.1, 3-1503.13.2, 3-1503.13.9, 3-1502.13, 3-1503.13.7, 3-1503.B.5.A, 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) Commercial parking: proper parking
surface required. All vehicles parked on property must be associated with that commercial
property; 2)Windows: remove all boards from window openings and repair or replace all broken
windows; 3) Lot Clearing &Accumulation of Nuisances: as the City has no active account at this
property for solid waste pick up, the property owner must clean up and remove all trash, debris,
and other items scattered throughout the property. The property owner shall regularly and
continuously monitor the property and remove all items that have been dumped or left for
pickup; 4) Exterior Surfaces: repair and/or replace all rotten wood on the entire structure. Paint
building to present a uniform appearance; and 5)Abandoned Building: occupy or have a use for
the property, sell the property, or raze the structure to comply with said Section(s) of the Code
by the deadline, September 1, 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
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 2017-05-24 16
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.15 Case 75-17
Vicki Hass &William Mitchell
3035 Oak Cove Dr.
Hauling Trailer— Brown
Property Owner Vicki Hass denied the violation.
Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on
February 6, 2017, following the first inspection. The violation at 3035 Oak Cove Drive related to
a hauling trailer in front of the house. Property photographs on February 3, March 8 and 24,
April 7 and 14, May 2, 12, and 18, 2017 showed a hauling trailer in the driveway. Ms. Hass did
not return her March 30, 3017 telephone message.
Ms. Hass said her hauling trailer previously was parked illegally. She submitted certified
Engineering drawings of her property which showed the building line edging the front of her house
and front setback line were the same. The drawings illustrated the hauling trailer by the garage
where the structure stepped back from the building line. She said she was cited for violating Section
3-1407.A.2.c which states that between principal structure and right-of-way, vehicles (hauling
trailer) shall not be parked or stored in front setback and/or forward of building line of principal
structure and any right-of-way line. She said her hauling trailer complied with Code as it was not in
a front setback or forward of the building line.
It was commented that the engineer was not a building code expert.
Attorney Smith said Ms. Hass' interpretation of Code was erroneous. The Code's intent to
prohibit hauling trailers in residential driveways was clarified in Section 3-1407.A.3, which
prescribed where hauling trailers could be parked, i.e. in side or rear setback, screened with a
6-foot high solid fence, wall or hedge. He said the professional engineer Ms. Hass
commissioned had not contacted Code Compliance staff. Mr. Teunis said hauling trailers had to
be parked on an approved surface.
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 Brown recommended compliance by June 3, 2017 or a fine of$150 per day be imposed.
Ms. Hass said she was not in violation of Code. She requested additional time.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before June 3, 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. Members Nycz, Prast, and Engel voted "Aye"; Members Strickland and Jack
Kleban and Chair Riordon voted "Nay." Motion failed.
Code Enforcement 2017-05-24 17
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before June 5, 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.
Concern was expressed the compliance date differed from the Inspector's recommendation.
Upon the vote being taken, Members Strickland, Nycz, Prast, Kleban and Chair Riordon voted
"Aye"; Member Engel voted "Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on May 24,
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: hauling
trailer parked in front of a structure. 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.2.c, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove hauling trailer from the
driveway, or from anywhere between the principal structure and street right-of-way to comply
with said Section(s) of the Code by the deadline, June 5, 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
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 2017-05-24 18
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.16 Case 76-17
3077 Doxberry Court Land Trust
3077 Doxberry Ct.
Residential Rental BTR— Harris
No one was present to represent the Respondent.
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 Christin Harris said the rental property lacked a residential rental Business Tax
Receipt. She recommended compliance by June 2, 2017 or a fine of$150 per day be imposed.
Attorney Smith submitted composite exhibits.
Member Kleban moved to enter an order requiring the Respondent to correct the violation on or
before June 2, 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 May 24,
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:
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) 3-2302, as referred
to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall submit an application for a residential
rental business tax receipt and pay $39.39 to comply with said Section(s) of the Code by the
deadline, June 2, 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 Christin Harris, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
Code Enforcement 2017-05-24 19
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 24th day of May 2017, at Clearwater, Pinellas County, Florida.
4.17 Case 77-17
Gary Stevens Sunday
1008 Oakview Ave.
Residential Rental BTR - Harris
No one was present to represent the Respondent.
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 Christin Harris said the rental property lacked a residential rental Business Tax
Receipt. She recommended compliance by June 2, 2017 or a fine of$150 per day be imposed.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before June 2, 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 May 24,
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:
Residential Rental Business Tax Receipt. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
Code Enforcement 2017-05-24 20
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-2302, as referred
to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall submit an application for a residential
rental business tax receipt and pay $39.39 to comply with said Section(s) of the Code by the
deadline, June 2, 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 Christin Harris, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 24th day of May 2017, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 105-16 Affidavit of Compliance
Seth & Sherri Sanders
305 N Prescott Ave.
Ext. Surfaces/Door &Window Openings — Devol
5.2 Case 25-17 Affidavit of Compliance
Gloria Marshall
1535 Scranton Ave.
Fences— Knight
5.3 Case 27-17 Affidavit of Compliance
David Menge
1535 Tilley Ave.
Ext. Surfaces— Knight
Code Enforcement 2017-05-24 21
5.4 Case 42-17 Affidavit of Compliance
Jade & Natalie Weppler
813 Woodlawn St.
Ext. Surfaces— Fletcher
5.5 Case 44-17 Affidavit of Compliance
Jean Casucci
900 Turner St.
Ext. Surfaces/Door &Window Openings/Ext. Storage — Fletcher
5.6 Case 45-17 Affidavit of Compliance
James Gray
1516 Carmel Ave.
Hauling Trailer/Res. Grass Parking — Cantrell,
5.7 Case 26-17 Affidavit of Non-Compliance
Gary Ramen & Denise Vogel
1546 Tilley Ave.
Ext. Surfaces/Door &Window Openings — Knight
5.8 Case 30-17 Affidavit of Non-Compliance
3 J J J's LLC
1508 Tilley Ave.
Parking Lot Surfaces/Ext. Storage/BTR— Knight
5.9 Case 33-17 Affidavit of Non-Compliance
B P of Pinellas LLC
18698 US Highway 19 N
Ext. Storage/Abandoned Bldg./Lot Clearing/Graffiti — Cantrell
5.10 Case 38-17 Affidavit of Non-Compliance
3 J J J's LLC
1512 Tilley Ave.
Parking Lot Surfaces/Residential Rental BTR— Knight
5.11 Case 45-17 Affidavit of Non-Compliance
James Gray
1516 Carmel Ave.
Hauling Trailer— Cantrell
5.12 Case 52-17 Affidavit of Non-Compliance
Marc A Gill
2012 Sandra Dr.
Short Term Rental/Res. Rental BTR— Phillips
5.13 Case 59-17 Affidavit of Non-Compliance
T A H 2015-1 Borrower LLC
115 N Cirus Ave.
Res. Rental BTR— Harris
Code Enforcement 2017-05-24 22
Member Strickland moved to accept the Affidavits of Compliance for Cases 105 -16, 25 -17, 27-
17, 42 -17, 44 -17, and 45 -17 and to accept the Affidavits of Non - Compliance and issue the
Orders imposing fines for Cases 26 -17, 30 -17 33 -17, 38 -17, 45 -17, 52 -17, and 59 -17. The
motion was duly seconded and carried unanimously.
6. NEW BUSINESS: None.
7. NUISANCE ABATEMENT LIEN FILINGS:
PADDEN, JOSEPHINE THE
51 VERBENA ST
05- 29 -15- 54666- 023 -0070
PNU2016 -02030
$527.90
MAURICE D MC CRAY
EMMERSON MC CRAY
1136 HARRIS LN
PNU2017 -00189
22- 29 -15- 00000 - 310 -0700
$220.00
EMMERSON MC CRAY
MAURICE D MC CRAY
1136 HARRIS LN
PNU2017 -00190
22- 29 -15- 00000 - 310 -0700
$220.00
SEAN MORRISSEY
1389 BROWNING ST
PNU2017 -00224
22- 29 -15- 01476 - 000 -0750
$220.00
Member Prast 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:
Secr- ary to the Boy rd
Chair, Municip
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Co •e Enforcement Board
Code Enforcement 2017 -05 -24 23