07/26/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
July 26, 2017
Present: Vice Chair Wayne Carothers, Board Member Joseph A. Nycz, Board Member Robert
Prast, Board Member Daniel Engel, Board Member Jack Kleban
Absent: Chair Michael J. Riordon, Board Member James E. Strickland
Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney,
Rosemarie Call —Acting Secretary to the Board, Patricia O. Sullivan — Board Reporter
The Vice-Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
The 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 June 28, 2017 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Prast moved to approve minutes of the June 28, 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 95-17 —Continued from June 28, 2017
John Charles Steenbergen & Joanne Persinger
616 S Glenwood Ave.
Exterior Storage/Res. Grass Parking/Hauling Trailer— Fletcher
Property owner John Steenbergen denied the violations, stating the property was in compliance.
Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on
December 16, 2016, following the first inspection. The 3 violations at 616 S Glenwood Avenue
related to residential grass parking, hauling trailer, and exterior storage. Property photographs on
December 16, 2016 showed a boat and trailer on the front lawn, a small trailer with 2 jet skis next
to the house, a barbeque, propane tank, and miscellaneous items in the driveway. Property
photographs on December 16, 2016, January 3 and 10, and March 14, 2017 showed a furniture-
filled hauling trailer on the grass. Property photographs on January 3 and 10, 2017 showed
miscellaneous items in the driveway and on the grass. Property photographs on December 27,
2016, May 25, and July 22, 2017 showed a small trailer next to the house.
Code Enforcement 2017-07-26 1
Mr. Steenbergen said storage items and the jet ski trailer were gone.
Inspector Fletcher said exterior storage items changed from day to day. The small jet ski trailer and
exterior storage items were present today. The hauling trailer had been removed; she requested a
declaration of violation for that 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.
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 re the hauling trailer, 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 $500.00 for each day the
violation continues to exist. The motion was duly seconded and carried unanimously.
Inspector Fletcher recommended compliance for exterior storage and grass parking by August 12,
2017 or a fine of$150 per day per violation be imposed. The vehicle cannot block the sidewalk by
the front door.
Assistant City Attorney Matt Smith said pavers were not part of the driveway; one vehicle parked
parallel and adjacent to the driveway on the pavers was permitted "grass parking." He submitted
composite exhibits.
Member Nycz moved to enter an order requiring the Respondent to correct the violations for grass
parking and exterior storage on or before August 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 July 26,
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
Storage and Grass Parking.
It also is evident conditions related to Hauling Trailer 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 of the City of Clearwater Code Section 3-1407.A.5 and 3-
1502.G.2, as referred to in the Affidavit in this case.
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1407.A.1.b, 3-
1407.A.2.c, 3-1407.A.3.c, and 3-1407.A.7 as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2017-07-26 2
It is the Order of the Board that the Respondent(s) shall remove all items not intended for outdoor
use and park only one vehicle in the grass parallel and adjacent to the driveway to comply with
said Section(s) of the Code by the deadline, August 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.
It is the Order of this Board that no fine will be imposed against the Respondent(s) for the
conditions related to hauling trailer. 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
Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the
Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing
the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded
shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter
162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to
the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be
based only on the ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the board's decision. The written
request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for
rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear
oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of
the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105
requires any party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.2 Case 101-17
DD Property Glenwood Trust
717 N Glenwood Ave.
Delinquent BTR— Knight
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance for the delinquent Business Tax Receipt had been met
and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Prast 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.
Code Enforcement 2017-07-26 3
This case came before the City of Clearwater Municipal Code Enforcement Board on July 26,
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 Delinquent
Business Tax Receipt 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) 29.40(1) as
referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). If the
Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may
order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to
the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be
based only on the ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the Board's decision. The 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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.3 Case 102-17
Riti Investments LLC
1907 Drew St.
Window Signs — Knight
No one was present to represent the Respondent.
Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Daniel Knight provided a photograph presentation of the violation at 1907 Drew Street for
window signs. Property photographs on May 23 and July 17, 2017 showed substantial signage in
strip mall windows. Attorney for the Board Andy Salzman said items stored by the grocery's
windows were not considered signage.
Code Enforcement 2017-07-26 4
Inspector Knight recommended compliance by August 23, 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 August 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 July 26,
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: window
signs. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1806.0, as referred
to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall reduce window signage to no greater than
25% of the total window area per fagade of each business unit or 50 square-feet, whichever is less
to comply with said Section(s) of the Code by the deadline, August 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
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 2017-07-26 5
DONE AND ORDERED this 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.4 Case 103-17
Riti Investments LLC
1913 Drew St.
Window Signs/Sign Maintenance— 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 provided a photograph presentation of the 2 violations at 1913 Drew Street
for window signs and sign maintenance. Property photographs on May 23 and July 17, 2017
showed substantial signage in strip mall windows and a freestanding sign requiring maintenance.
The property manager did not respond after being sent photographs of violations.
Inspector Knight recommended compliance by August 23, 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 August 23, 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 July 26,
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: window
signs and sign 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) 3-1502.1 & 3-1806.0,
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Sign Maintenance - repair and/or
replace all signage at the property so they are in good condition, free of faded and/or peeling paint,
mildew, mold, rust, and damaged elements and 2)Window Signage— reduce window signage to
no greater than 25% of the total window area per fagade of each business unit or 50 square-feet,
whichever is less to comply with said Section(s) of the Code by the deadline, August 23, 2017. The
fine is $150.00 per day per violation for each and every day each violation continues past the date
set for compliance.
Code Enforcement 2017-07-26 6
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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.5 Case 104-17
Sotiraq Qirjollari
2541 Druid Rd.
Exterior Surfaces —Cantrell
Case 104-17 was withdrawn. Attorney Smith said the property's condominium association was
responsible for exterior surfaces.
4.6 Case 105-17
McManus, Paula Hall Trust
3233 Beaver Dr.
Exterior Surfaces/Roof Maintenance— Brown
No one was present to represent the Respondent.
Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Shelby Brown provided a photograph presentation of the 2 violations at 3233 Beaver
Drive for exterior surfaces and roof maintenance. Property photographs on May 26 and July 14,
2017 showed deteriorated, unsightly tarps on the roof, which was in poor condition and exterior
surfaces with faded, failing paint, mold, and mildew. The property was vacant.
Inspector Brown recommended compliance by August 25, 2017 or a fine of$150 per day per
violation be imposed.
Attorney Smith submitted composite exhibits.
Code Enforcement 2017-07-26 7
Member Prast moved to enter an order requiring the Respondent to correct the violations on or
before August 25, 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 July 26,
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 roof maintenance. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-1502.D.1,
& 3-1502.D.3, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Roof Maintenance/Clean Roof—
maintain roof in a safe, secure, watertight, clean, and mildew-free condition and keep free of trash,
loose shingles and debris. A permit is required for repairs and 2) Property Maintenance/ Exterior
Surfaces— repair and/or replace all damaged/deteriorated structural and decorative elements in a
workmanlike manner (trims, soffits, fascia, etc.), remove all mildew, peeling paint, and other loose
materials, repaint all affected areas to match existing or adjacent surfaces, and maintain building
walls in a secure and attractive manner to comply with said Section(s) of the Code by the deadline,
August 25, 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
Shelby Brown, who shall inspect the property and notify the Board of compliance. If the
Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing
the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded
shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter
162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to
the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be
based only on the ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the board's decision. The written
request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for
rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear
oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of
the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105
requires any party appealing a decision of this Board to have a record of the Board's proceedings.
Code Enforcement 2017-07-26 8
DONE AND ORDERED this 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.7 Case 106-17
Alden Land Trust
25008 US Highway 19
Development Code Violation (Electronic Gambling) — Brown
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 Shelby Brown provided a PowerPoint presentation. The violation at 25008 US Highway
19 related to electronic gambling. Clearwater Police notified Code Enforcement on January 25,
2017, re suspicion of an electronic gambling establishment at the subject property. Private
Investigator Constantine Janus investigated, reported the property was used for illegal electronic
gambling, and Inspector Brown issued a notice of violation on March 2, 2017.
Property photographs on March 2 and July 19, 2017 showed the storefront in a commercial center
with signage only indicating it was open and hours of operation. Drapes covered the door and
windows.
On March 13, 2017, Dan Gerimonty (spelling not verified) of Business Resource Solutions left a
message for Inspector Brown that "software was now in compliance." During a phone conversation
later that day, Inspector Brown told him she had to inspect the property with the property owner to
verify compliance. He provided no further information.
Private Investigator Constantine Janus read his affidavit into the record. On February 16 and 17,
2017, he and his partner surveilled the property. Views into the storefront were blocked by drapes.
A stream of older women and men entered and left through the front door. A woman exiting the
storefront told them electronic gambling occurred inside.
On February 18, 2017, PI Janus and his partner entered and walked past rows of cubicles with
computer display screens that resembled casino style slot machines. Four women were playing at
computers. He asked the woman at the rear counter for instructions. Brewer Miller, who was
nearby, showed them how to play several games, stating customers paid for credits at the counter
before play, received a PIN, and signed into a computer that tracked customer credits, which could
be redeemed for cash at the counter after play. Based on his law enforcement background, PI
Janus determined Internet Cafe Electronic Gambling was occurring. He verified Brewer Miller was
registered as manager/owner of the business at this address.
On May 25, 2017, PI Janus and a Clearwater Police undercover detective entered the business.
Several women were playing at computers; the cubicles and computer display screens were
unchanged from his last visit. The woman at the counter identified herself as Mindy and said Mr.
Miller had left earlier. Mindy repeated Mr. Miller's explanation of game playing procedures,
requested the detective's driver's license, and had her sign a form. The detective gave $60 to
Mindy who typed information into a computer, deposited the funds, and handed her a printout.
Mindy demonstrated how to play several games, stating some computer terminals offered different
games; one had a $500 minimum. Mindy said computer screens on the wall announced jackpot
payouts that were split among customers who were present.
Code Enforcement 2017-07-26 9
The detective played several games which resembled and played like casino type slot machine
games. When redeeming her winnings, Mindy advised the detective she had won $48.35; $0.35
would be retained to keep her account open for her next visit. Mindy gave the detective $48 in cash
and took back the printout. PI Janus concluded both investigations identified Internet Cafe
Electronic Gambling underway at 25008 US Highway 19, in violation of Florida Statutes.
In response to questions, PI Janus said drapes remained closed while he was at the property.
Code Compliance Manager Terry Teunis said Code Enforcement had received complaints from the
Pinellas County Sheriff and Clearwater Police.
Inspector Brown recommended compliance by 9:00 a.m. on July 28, 2017 or a fine of$250 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 9:00 a.m. on July 28, 2017. If the Respondent does not comply within the time specified, the
Board may order a fine of$250 per day for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on July 26,
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:
Development Code violation (electronic gambling). The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 1-104.113 &2-100, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall cease and desist any further use of this
property in the current capacity as an illegal/unlawful business, an "internet cafe," with electronic
gambling/gaming to comply with said Section(s) of the Code by the deadline, 9:00 a.m., July 28,
2017. The fine is $250.00 per day for each and every day the violation continues past the time/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
Code Enforcement 2017-07-26 10
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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.8 Case 107-17
Somdeth &Vyphaphone Inthalangsy
1570 Budleigh St.
Res. Rental BTR/Grass Parking — Harris
No one was present to represent the Respondent.
Inspector Christin Harris requested a declaration of violation; the property was in compliance for a
residential rental Business Tax Receipt and grass parking.
Attorney Smith submitted composite exhibits.
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.
Member Prast 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(s), 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 July 26,
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 Residential Grass Parking 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) 3-2302, 3-
1403.B.1, 3-1407.A.2.a, 3-1407.A.3.a, 3-1407.A.3.b, & 3-1407.A.7 as referred to in the Affidavit in
this case.
Code Enforcement 2017-07-26 11
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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.9 Case 108-17
Willas, Kenneth & Janet Trust
315 N Saturn Ave.
Res. Rental BTR— Harris
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 Christin Harris requested a declaration of violation; the property was in compliance for a
residential rental Business Tax Receipt.
Attorney Smith submitted composite exhibits.
Member Prast 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 July 26,
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 existed; however, it is further evident this/these condition(s) was/were
corrected prior to this hearing. The Respondent(s) was/were not present.
Code Enforcement 2017-07-26 12
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.10 Case 109-17
Baymont East LLC
55 Baymont St.
Res. Rental BTR— Harris
Attorney Paul Gionis, representing the property owner, 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 Christin Harris recommended compliance by October 24, 2017 or a fine of$150 per day
be imposed.
Attorney Gionis said the process was started. He said when it was purchased, this tourist district
property was used for long-term rentals. He said the Canadian property owners had to obtain
Green Cards to get a State occupancy license and now were working with staff to modify the use
to short-term rentals. He said they would submit a Flexible Development application next week for
the October Community Development Board meeting. He complimented staff.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before October 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.
Code Enforcement 2017-07-26 13
This case came before the City of Clearwater Municipal Code Enforcement Board on July 26,
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. 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) 3-2302, 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 business tax
receipt and payment of$40.00 (10 units). Proof of State license for resort dwelling/overnight
accommodations required and a Level 2 Flexible Development application to rent short-term needs
to be submitted (process takes at least 2.5 months) to comply with said Section(s) of the Code by
the deadline, October 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
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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.11 Case 110-17
Paul Puzzanghera
1471 S Missouri Ave.
BTR Required — Harris
Code Enforcement 2017-07-26 14
No one was present to represent the Respondent.
Inspector Christin Harris requested a declaration of violation; the property was in compliance for a
Business Tax Receipt. A law office was onsite.
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.
Attorney Smith submitted composite exhibits.
Member Prast 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 July 26,
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 a delinquent
business tax receipt 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) 29.30(1), as
referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). If the
Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may
order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to
the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be
based only on the ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the Board's decision. The 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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
Code Enforcement 2017-07-26 15
4.12 Case 111-17
Ibrahim Ghobrial & Shahinaz Kaldas
1445 S Missouri Ave.
Exterior Surfaces/Abandoned Building — Harris
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 Christin Harris provided a photograph presentation of the 2 violations at 1445 S Missouri
Avenue for exterior surfaces and abandoned building, a nuisance condition. She recommended
compliance by August 23, 2017 or a fine of$200 per day per violation be imposed. Property
photographs on April 12, 2017 showed exterior surfaces with significant peeling paint, deteriorating
soffit and fascia, and a boarded front door. The property, vacated in 2002, was an eye sore and
had no utilities or Business Tax Receipt. Before leaving the country, the property owner told
Inspector Harris the property was leased. Meanwhile, the lessee dropped the lease after learning
the extent of necessary repairs and upgrades.
Attorney Smith submitted composite exhibits.
Member Nycz moved to enter an order requiring the Respondent to correct the violation on or
before August 23, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$200 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 July 26,
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 abandoned building. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-1503.113.2,
3-1503.B.5.A, 3-1503.A, & 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: 1) Exterior Surfaces — repair, replace, and
remove any peeling paint and/or failing/damaged exterior surfaces and rotted wood and maintain
property on a regular basis and 2)Abandoned Building Violation — remove nuisances at the
property that include but are not limited to transients, pests, trash, overgrowth, debris, etc. Building
needs to be occupied and have a purpose. Building cannot remain in a state of abandonment and
continue to be an eyesore to neighbors and the nearby community to comply with said Section(s)
of the Code by the deadline, August 23, 2017. The fine is $200.00 per day per violation for each
and every day each violation continues past the date set for compliance.
Code Enforcement 2017-07-26 16
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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.13 Case 112-17
Camlakeview Land Trust
1365 Lakeview Rd.
Exterior Surfaces/Door &Window Openings — Harris
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 Christin Harris provided a photograph presentation of the 2 violations at 1365 Lakeview
Road for exterior surfaces and door& window openings. She recommended compliance by August
16, 2017 or a fine of$200 per day per violation be imposed. Property photographs on April 20,
2017 showed a boarded window, non uniform paint, and missing tiles by the front door. The
property had no power and never received a Certificate of Occupancy. The City received several
complaints about overgrowth.
Member Engel moved to enter an order requiring the Respondent to correct the violation on or
before August 16, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$200 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 July 26,
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
Code Enforcement 2017-07-26 17
Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior
surfaces and door& window openings. 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, 3-1502.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) Exterior Surfaces - repair loose or
missing material including tile near front door step. Exterior surfaces must be free of mildew, rust,
loose material, including peeling paint and patching. Repair and repaint all affected areas to match
existing or adjacent surfaces and 2)Windows— obtain a permit and repair or replace boarded
windows to comply with said Section(s) of the Code by the deadline, August 16, 2017. The fine is
$200.00 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
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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.14 Case 113-17
Eva Long
1161 Marshall St.
Exterior Surfaces/Door &Window Openings/Outdoor Storage/Sidewalks & Public ROW
— Stewart
The property owner's daughter Erica Clark denied the violations, stating the property was in
compliance.
Inspector AIIie Stewart provided a PowerPoint presentation. A notice of violation was issued on
May 12, 2017, following the first inspection. The 4 violations at 1161 Marshall Street related to
Code Enforcement 2017-07-26 18
exterior surfaces, door& window openings, nuisance outdoor storage of construction materials,
and lot clearing, unmaintained right-of-way, sidewalks and public right-of-way. Property
photographs on May 11, 25 and June 29, 2017 showed boarded windows and exterior surfaces
with mold, mildew, and faded paint. Property photographs on May 11, 2017 showed buckets, a
computer monitor, tarp covered materials, and miscellaneous items next to the house and
electronics and trash dumped in the right-of-way. Property photographs on May 25 and June 9,
2017 showed ripped screens on the front porch and a broken garage door with mildew. Property
photographs on June 29, 2017 showed a crock pot on a bucket and a board leaning on the side of
the house and chunks of concrete, a shovel, and propane tank in the yard.
Ms. Clark said the violations were corrected and invited Inspector Stewart to inspect the property.
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 Stewart recommended compliance by August 25, 2017 or a fine of$150 per day per
violation be imposed. On July 14, 2017, progress toward compliance was not apparent. It
appeared someone dumped trash on the right-of-way every week. She reviewed hazardous waste
disposal requirements in Pinellas County.
Ms. Clark said her family could not afford to paint the house and was looking for programs that
would help. She said they could not stop people from throwing stuff on the right-of-way. She
requested 60 days to comply.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations on or
before September 26, 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. Members Nycz, Prast, Engel and Vice Chair Carothers voted
"Aye"; Member Kleban voted "Nay." Motion carried.
This case came before the City of Clearwater Municipal Code Enforcement Board on July 26,
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 4 violations exist: exterior
surfaces, door &window openings, outdoor storage, and sidewalks & public right-of-way. A
representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-1502.C.1,
3-1502.C.3, 3-1502.G.3, 3-1503.113.6, 3-1502.K.2, 3-1502.K.1, 3-1503.113.7, & 3-1503.113.8, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Construction Material Storage and
Outdoor Storage/Nuisance— remove all items stored outdoors that are not intended for outdoor
Code Enforcement 2017-07-26 19
use to include but not limited to plastic tarps, paint cans, cardboard boxes, electronics, small
kitchen appliances & dog cages; 2) Door/Window Maintenance — replace all broken and boarded
windows, replace or repair garage door, and repair, replace, or remove front porch screens; 3)
Exterior Surfaces - pressure wash entire home to remove dirt, mold and mildew and paint the
house to present a neat appearance; and 4) Unmaintained Right-of-Way and Lot Clearing — keep
right-of-way cleared of items such as paint, electronics, propane tanks, tires, and loose garbage
and properly dispose of these items. The Solid Waste Department does not pick up chemicals or
hazardous waste at the curb. Homeowners are responsible for maintaining the right-of-way as an
extension of their home to comply with said Section(s) of the Code by the deadline, September 26,
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
Allie Stewart, 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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.15 Case 114-17
Wilson McGill, Jr. &Victoria McGill
1626 N Martin Luther King Jr. Avenue
Exterior Storage— Stewart
Property owners Wilson McGill, Jr. &Victoria McGill 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 AIIie Stewart provided a PowerPoint presentation. A notice of violation was issued on
May 10, 2017, following the first inspection. The violation at 1626 N Martin Luther King Jr. Avenue
related to exterior storage.
Property photographs showed: 1) March 23, 2017 - boxes, folding chairs, desks, trunks, chairs,
items covered with plastic, bins, tree debris, yard equipment, a chest, glass, large metal objects,
clothes, rugs, file cabinets, ladder, and miscellaneous items; 2) April 13, 2017 - laundry basket,
Code Enforcement 2017-07-26 20
lawn equipment, file cabinet, desk, walker, items draped with plastic, and miscellaneous items; 3)
May 15, 2017 - yard waste, an engine, cooler, filled paper bags, a barbeque, cage, items covered
with plastic, and miscellaneous items; 4) June 2, 2017 - a concrete block, vacuum cleaners,
buckets, electric cords, electric appliance, posts, a fan, metal chairs, bins, stacked metal tables, a
file cabinet, and miscellaneous items; 5) June 14, 2017 - a tarp covered object, a dolly, chair,
plastic buckets, plastic container, items draped with plastic, concrete block, electric appliance,
cooler, vacuum cleaners, trash can, bucket, electrical cord, wall constructed of blocks and other
materials, white gutter, and miscellaneous items; 6) July 17, 2017 - metal chairs, a wooden desk,
box, and stool; and 7) July 19, 2017 - metal items, large pile of tools on top of shed, an awning, a
wall constructed of blocks and other materials, and miscellaneous items.
Mrs. McGill said many of the photographed items had been moved out of the house across the
street to make room for a homeless family; most of those items were in storage now.
Inspector Stewart said a few items remained in the yard.
Mrs. McGill said she and her husband could not walk; he had additional health issues. She said
many people helped them move items into a truck. She said the barbeque pit and wall had been
there for many years. She questioned why they were not informed previously about tools on the
shed roof. She said they had cleaned up the property as fast as they could.
The property owners' son Wilson McGill said the wall and barbeque had been in the yard since
1982 and previous Code Inspectors had said they complied. Ms. McGill said her husband had put
steel rods between the bricks so the wall would not fall. She said Habitat said they would help them
in September. She said only lawn chairs remained outside; everything else was gone.
Inspector Stewart said without seats, the chairs were inoperable outdoor furniture. Tables stored
outside were intended for indoor use. She recommended compliance by August 25, 2017 or a fine
of$150 per day be imposed. Mr. Teunis requested the board not consider the block wall.
Ms. McGill said seats were being put on the chairs. She said the black table had an outdoor
umbrella. She said they were trying to comply.
Attorney Smith submitted composite exhibits.
Member Kleban moved to enter an order requiring the Respondent to correct the violation on or
before September 26, 2017. If the Respondent does not comply within the time specified, the
Board may order a fine of$100 per day for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on July 26,
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
storage. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
Code Enforcement 2017-07-26 21
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.1, 3-
1502.G.2, & 3-1502.G.3, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove all items stored outside in the
front, side, and back yard. Items include but are not limited to wood, tools, fans, buckets, coolers,
various metal pieces including chairs without seats. Items can be stored in an enclosed area like a
shed or garage to comply with said Section(s) of the Code by the deadline, September 26, 2017.
The fine is $100.00 per day for each and every day the violation continues past the date set for
compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
Allie Stewart, 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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
4.16 Case 115-17— Repeat Violation
Gilbert Jannelli & Barbara Suslak
23837 US Highway 19 N
Exterior Surfaces/Door &Windows/Roof Maint./Graffiti — Phillips
Property owner Gilbert Jannelli admitted to the violations. He said his attorney Joel Treuhaft had a
conflict and was unable to attend today's meeting; staff would not continue the case.
Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case and committed a repeat violation. The motion was duly
seconded and carried unanimously.
Inspector Julie Phillips provided a PowerPoint presentation for 23837 US Highway 19 N, vacant
since 2003. On August 27, 2014, MCEB (Municipal Code Enforcement Board) found respondent in
Case 27-14 in violation and ordered compliance for exterior surfaces, graffiti, roof maintenance,
window maintenance, overgrowth, debris, and abandoned building. All violations were brought into
compliance except for abandoned building. Lien accruing for that violation totaled $174,000 on July
Code Enforcement 2017-07-26 22
17, 2017. On September 28, 2016, MCEB found repeat violations for window maintenance,
overgrowth, and debris for Case 92-16 at the same property and ordered the respondent to pay a
$54,000 fine by November 27, 2016. The fine was not paid and a lien in that amount was placed
on the property.
Following an anonymous complaint, staff posted the property on July 13, 2017 with an Affidavit of
Posting & Notice of Repeat Violations for exterior surfaces, graffiti, window maintenance, and roof
maintenance. Staff emailed property owner Jannelli and attorney Treuhaft re repeat violations,
advising them MCEB would hear the case on July 26, 2017.
Property photographs showed: 1) July 13, 2017 - landscape/construction debris, hauling trailer
filled with landscape debris, graffiti on dumpster enclosure, drive thru window, and pavement, tarp
on roof, missing soffit, hole in roof, broken windows, graffiti bleeding through paint, partially
covered graffiti, expired building permit posted in window; 2) July 14, 2017 - graffiti, transient
activity, graffiti/mildew bleeding through paint, tarp on roof, missing soffit, hole in roof; 3) July 15,
2017 - graffiti/mildew bleeding through paint, broken windows, tarp on roof, missing soffit, hole in
roof; 4) July 19, 2017 - tarp on roof, missing soffit, hole in roof, broken windows, graffiti/mildew
bleeding through paint, transient activity, mildew on partially painted dumpster enclosure; and 5)
July 24, 2017 - broken windows, mildew on exterior surfaces, tarp on roof, missing soffit, hole in
roof, and most of the building repainted.
Gilbert Jannelli said he had people working on the property. He said the building department gave
the wrong address to the contractor for the permit that expired. He said the City delayed issuing
permits for new prospective purchasers while it completed the US 19 Corridor Redevelopment
Plan; the plan then did not allow the use of interest to the purchasers. He said the permit was
reinstated and he was waiting for an engineer to sign off on architectural drawings and to obtain
building permits to repair the roof, windows, etc. He said his new contract to sell the property eas
contingent on repairing the violations and making other repairs.
Discussion ensued with concerns expressed that Gilbert Jannelli did not proactively maintain the
property, allowed it to deteriorate which was unacceptable to City residents, had appeared before
MCEB numerous times re this property, had multiple properties with violations, and liens on this
property exceeded its value. It was commented that other owners of problem properties installed
fencing to eliminate access.
Gilbert Jannelli said his landscaper had quit due to medical issues and left his trailer onsite. He
said he would have installed a fence if he did not have a new contract.
Attorney Smith reviewed previous Board approved fine reductions and Rules & Regulation
restrictions against reducing repeat violation fines or liens. Attorney for the Board Andy Salzman
said agreements could be negotiated. The City had the option to take this case to Court.
Inspector Phillips said each year Gilbert Jannelli claimed he had a contract to sell this property.
According to City records, the building permit was not reinstated. Recommended fines - $19,000
($500 day/repeat violation): 1) $1,000 — Graffiti, July 13— 14, 2017; 2) $6,000 - Roof Maintenance,
July 13—24, 2017; 3) $6,000 - Exterior Surfaces, July 13—24, 2017; & 4) $6,000 - Door&Window
Maintenance, July 13—24, 2017, payable within 30 days.
Gilbert Jannelli said rehabilitation would be very expensive. He said US 19 changes hurt many
property owners. He said he suffered from high taxes, maintenance costs, poor access and
visibility, and restricted development opportunities.
Code Enforcement 2017-07-26 23
Attorney Smith submitted composite exhibits.
Member Nycz moved to enter an order that a fine of$19,000 be imposed for the time the violations
existed, payable within 30 days. If the Respondent repeats the violation(s), the Board may order a
fine of up to $500 per day for each day the violation(s) exist(s). The motion was duly seconded and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on July 26,
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 exterior surfaces, door and
windows, roof maintenance, and graffiti 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) 3-1502.113, 3-1502.C.1, 3-1502.C.3, 3-
1502.C.4, 3-1502.D.1, 3-1502.D.3, & 3-1504 as referred to in the Affidavit in this case and
previously was/were found to have violated the same Code Section(s) on August 27, 2014, and
therefore, committed a repeat violation.
ORDER
It is the Order of this Board that the Respondent(s) pay a fine of$19,000.00 ($500 daily fine) for
the time period from July 13 — 14, 2017, when the repeat violation for graffiti occurred and for the
time period from July 13—24, 2017, when the repeat violations for roof maintenance, exterior
surfaces, and window maintenance occurred, payable by August 25, 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 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 26th day of July 2017, at Clearwater, Pinellas County, Florida.
Code Enforcement 2017-07-26 24
5. UNFINISHED BUSINESS
5.1 Case 22-07 —Affidavit of Compliance
Alan & Mona Wyllie
1334 Fairmont St.
Grass Parking/Portable Storage Units/Inoperative Vehicle/Vehicle Repair— Devol
5.2 Case 107-16 Affidavit of Compliance
Greenpoint Mtg Funding Trust
1458 Overlea St.
Roof Maint./Ext Surfaces/Aband Bldg. — Knight
5.3 Case 19-17 Affidavit of Compliance
619 Woodlawn St Land Trust
619 Woodlawn St.
Inoperative Vehicle/Grass Parking/Fences/Roof Maint./Ext Storage—Stewart
5.4 Case 33-17 Affidavit of Compliance
B P of Pinellas LLC
18698 US Highway 19 N
Ext. Storage/ Lot Clearing/Graffiti —Cantrell
5.5 Case 59-17 Affidavit of Compliance
T A H 2015-1 Borrower LLC
115 N Cirus Ave.
Res. Rental BTR— Harris
5.6 Case 75-17 Affidavit of Compliance
Vicki Hass &William Mitchell
3035 Oak Cove Dr.
Hauling Trailer— Brown
5.7 Case 56-17 Affidavit of Non-Compliance
Carolyn Curry
1005 N Highland Ave.
Exterior Surfaces — Knight
5.8 Case 57-17 Affidavit of Non-Compliance
Conrad Dalman
1446 Thames Ln.
Res. Rental BTR— Knight
5.9 Case 65-17 Affidavit of Non-Compliance
David Nelson
1574 S Martin Luther King Jr. Avenue
Fences/Grass Parking — Devol
Member Nycz moved to accept the Affidavits of Compliance for Cases 22-07, 107-16, 19-17, 33-
17, 59-17, and 75-17 and to accept the Affidavits of Non-Compliance and issue the Orders
imposing fines for Cases 56-17, 57-17, and 65-17. The motion was duly seconded and carried
unanimously.
Code Enforcement 2017-07-26 25
6. NEW BUSINESS
6.1 Case 22-07 — Request to Stop Lien Accrual
Alan & Mona Wyllie
1334 Fairmont St.
Exterior Storage/Grass Parking/Portable Storage Units/Inoperative Vehicle— Devol
Inspector Diane Devol provided a PowerPoint presentation. This administration request was to
stop lien accrual. On June 27, 2007, MCEB ordered compliance for Case 22-07 at 1334 Fairmont
Street: 1) vehicle repair in residential area; 2) grass parking; 3) portable storage units; 4)
inoperative vehicles; and 5) outdoor storage. Affidavits of Non Compliance were issued for all
violations; $250/day lien, accruing since July 19, 2007, totaled $915,000 on July 19, 2017. As of
July 24, 2017, 4 violations were brought into compliance and Affidavits of Compliance were issued.
The violation for outdoor storage continued to exist, along with new violations to be addressed.
Property photographs showed: 1) September 23, 2014 - right-of-way overgrowth; 2) February 8,
2016—yard with motorcycle, piled chairs, lawnmower, appliance, bins, furniture, hauling trailer,
items under tarps, and miscellaneous items; 3) July 11, 2017 - yard with items under tarps, hauling
trailer, ladder, hoe, board, trash can, bicycles, buckets, and various items; and 4) July 19, 2017 —
yard with ladder, cooler, hauling trailer, truck, car, boat on trailer, stacked chairs, and items.
Inspector Devol requested stopping accrual of daily fine to allow an inspector to reopen case for
exterior storage, issue, and send new Notice(s) of Violation to owner/tenant. If compliance is not
met, Notice to Appear in court will be issued to owner and tenant, who was causing the violation.
In response to a question, Attorney Salzman said the Board's normal policy was to stop fines when
they reached the property's value. The property owner could request a lien reduction in the future.
Attorney Smith submitted composite exhibits.
Member Kleban moved to stop the lien accrual for 1334 Fairmont Street, Case 22-07. The motion
was duly seconded and carried unanimously.
6.2 Case 73-16 Request to Stop Lien Accrual
Huewitt, Laura J Est
1118 Carlton St.
Lot Clearing/Inoperative Vehicle— Devol
Inspector Diane Devol provided a PowerPoint presentation. This administration request was to
stop a partial lien accrual. On August 24, 2016, MCEB ordered compliance for violations at 1118
Carlton Street, Case 73-16: 1) outdoor storage; 2) roof maintenance; 3) window maintenance; 4)
exterior surfaces; 5) overgrowth/trash & debris; and 6) inoperable vehicles. On October 27, 2017,
Affidavits of Non-Compliance were issued for all violations and a $600/day fine began to accrue;
lien totaled $169,800 on July 26, 2017. Code Enforcement received additional complaints as
property continued to deteriorate. An Unsafe Building Inspector was working on case re unsafe
condition of the house.
Property photograph on August 11, 2016 showed roof buckling. Property photographs on July 14,
2017 showed significant overgrowth in backyard, abandoned boat on ground, partially hidden by
vegetation, construction debris, and a bucket. The roof neared collapse. The property owner had
passed away. The City could raze the structure if it was declared unsafe.
Code Enforcement 2017-07-26 26
Inspector Diane Devol requested the Board stop $200/day accrual for: 1) overgrowth/trash/debris
and 2) inoperable vehicle to allow the City to abate the property. Fines of$400/day would continue
to accrue for the other 4 violations.
Attorney Smith submitted composite exhibits.
Member Kleban moved to stop lien accrual for violations: 1) overgrowth/trash/debris and 2)
inoperable vehicle at 1334 Fairmont Street, Case 73-16. The motion was duly seconded and
carried unanimously.
6.3 Case 19-17 — Request for Lien Reduction
619 Woodlawn St Land Trust
619 Woodlawn St.
Inoperative Vehicle/Grass Parking/Fences/Roof Maint./Ext Storage—Stewart
Chris Dufala and Ken Russell, representing the property owner, requested a lien reduction.
Mr. Teunis said ownership of the property had not changed, the property owner could have
corrected violations sooner, and the City did not support a reduction.
Attorney Salzman said administration costs totaled $2,253.20.
Inspector Allie Stewart provided a PowerPoint presentation for Case 19-17 at 619 Woodlawn
Street, with 2016 property photographs. On January 25, 2017, MCEB ordered compliance for
inoperable vehicles, grass parking, outdoor storage, fence maintenance, and roof debris/unclean
roof. She could not contact the owner. On March 1, 2017, Affidavits of Non-Compliance were
issued for all violations and a $750/day fine began to accrue. The lien was $68,400.
In his June 14, 2017 email, Ken Russell wrote the property was in compliance and requested
reinspection. Property photographs on June 19/21, 2017 showed the property in compliance.
Mr. Dufala said they were not notified re violations in November when they took over management
of the property. After learning of them on May 26, 2017, they corrected the violations in 3 weeks.
He said the owners' properties were in disarray before they were hired; City notices were sent to
the previous property manager. He said a system was now in place to track all of the properties.
Concern was expressed the property managers had not been proactive as violations were not
corrected for 6 months.
Member Nycz moved to deny the request for a lien reduction for Case 19-17. The motion was duly
seconded and carried unanimously.
6.4 Case 107-16— Request for Lien Reduction
Greenpoint Mtg Funding Trust
1458 Overlea St.
Roof Maint./Ext Surfaces/Aband Bldg. — Knight
Sergio Plazzi said he was the new owner of the property and requested a reduction in the fine.
Inspector Daniel Knight said the property was in compliance; the new owner corrected all
violations. The City supported reduction of the $149,250 fine to administration costs of$1,398.20.
Code Enforcement 2017-07-26 27
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order reducing the fine for Case 107 -16 to administration costs of
$1,398.20 payable within 30 days or the lien will revert to its original amount. The motion was duly
seconded and carried unanimously.
The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a
hearing held on July 26, 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
December 21, 2016, as recorded in O.R. Book 19470, Pages 19 - 25 of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of $1,398.20 payable to the
Petitioner by August 25, 2017. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of $149,250.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 26th day of July 2017, at Clearwater, Pinellas County, Florida.
6.5 Case 48 -12 — Accept Estoppel Certificate
Clearwater Espacio AKA 1100 Cleveland LLC
1100 Cleveland St.
Abandoned Building - Brown
Attorney Smith said on December 21, 2016, MCEB approved the Stipulation and Agreement for
Case 48 -12. The agreement had a 3 -part contingency; the 1St contingency was achieved. The
purchase was completed and the purchaser requested approval of the certified site plan. Future
contingencies included obtaining building permits and completion of the project. He requested
acceptance of the Estoppel Certificate.
Attorney Smith submitted composite exhibits.
Member Prast moved to accept the Estoppel Certificate for 1100 Cleveland Street, Case 48 -12.
The motion was duly seconded and carried unanimously.
7. NUISANCE ABATEMENT LIEN FILINGS: None
8. ADJOURN
The meeting adjourned at 4:10 p.m.
Attest:
Muni ode Enforcement Board
Secretary to the Boar
Code Enforcement 2017 -07 -26
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