11/15/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
November 15, 2017
Present: Chair Wayne Carothers, Board Member James E. Strickland, Board Member Robert Prast,
Board Member Daniel Engel, Board Member Jack Kleban, Board Member Sue A. Johnson
Absent: Vice Chair Joseph A. Nycz
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 October 25, 2017 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Prast moved to approve minutes of the October 25, 2017 Municipal Code Enforcement
Board meeting as submitted in written summation. The motion was duly seconded and carried
unanimously.
3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA:
Teri Voras requested City action; Board ordered cleanup of the Young Avenue property had not
begun. She said property rodents attracted vultures and were a neighborhood health concern. She
said a police report was filed after the property owner threatened to kill a neighbor's dog.
Code Compliance Manager Terry Teunis said the first step toward rectifying the problem would occur
today when the Board will be asked to approve the Affidavit of Non Compliance for the property.
4. PUBLIC HEARINGS
4.1 Case 152-17— Cont'd from October 25, 2017
North Shore Park 14 Land Trust
Nichols, Petr Tre
400 Lebeau St.
Inoperative Vehicle/Construction Material/Hauling Trailer/Residential Rental BTR—
Devol
No one was present to represent the Respondent.
Code Enforcement 2017-11-15 1
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 property photographs of the 4 violations at 400 Lebeau Street for
construction material storage, unscreened hauling trailer in rear setback, parking on unpaved surface,
inoperative vehicle/outdoor storage, nuisance, and residential rental BTR (Business Tax Receipt).
June 29 and August 17 and 31, 2017 photographs showed significant construction materials, debris
and 2 hauling trailers, one without a tag, parked on dirt in the back yard. The tenant ran a business
from the residential property; Inspector Devol was pursuing the tenant re business BTR. She had no
communication with the property owner. After promising to comply, the tenant took no action.
Inspector Devol recommended compliance by December 30, 2017 or a fine of$150 per day per
violation be imposed.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent to correct the violations on or
before December 30, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$150 per day per violation for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: inoperative
vehicle, construction materials, hauling trailer, and residential rental Business Tax Receipt. The
Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1407.A.2.c, 3-
1407.A.3.c, 3-1407.A.7, 3-1503.113.6, 3-1502.G.3, & 3-2302, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Storage of construction material - remove
all construction material stored outside; properly store remaining materials inside; 2) Hauling trailer(s)
in rear setback - screen hauling trailer(s) behind a 6-foot high hedge, permitted solid fence or wall
parked on an approved and permitted surface such as concrete, brick pavers, or asphalt outside
residential setbacks or store the hailing trailer(s) off-site; 3) Inoperative vehicle— park hauling trailers
that display tags with current registration on permitted approved surfaces outside residential setbacks;
and 4) Residential Rental BTR (Business Tax Receipt)— obtain BTR by submitting application and
$31.50 annual fee to comply with said Section(s) of the Code by the deadline, December 30, 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
Code Enforcement 2017-11-15 2
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.2 Case 153-17— Cont'd from October 25, 2017
Jones, Ruth I Est.
1428 San Juan Ct.
Exterior Surfaces — 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 property photographs of the violation at 1428 San Juan Court for
exterior surfaces. June 16 and October 31 2017 photographs showed the awnings and shutters on
the occupied duplex needed attention.
Inspector Devol recommended compliance by December 15, 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
December 15, 2017. If the Respondent does not comply within the time specified, the Board may
order a fine of$150 per day for each day the violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 was not present and had no representation.
Code Enforcement 2017-11-15 3
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, & 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 pressure wash all surfaces with mildew or
peeling paint and paint all surfaces as needed to match existing or adjacent surfaces to comply with
said Section(s) of the Code by the deadline, December 15, 2017. The fine is $150.00 per day for each
and every day the violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
Diane Devol, who shall inspect the property and notify the Board of compliance. If the Respondent(s)
fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be
recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien
against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the
City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based
only on the ground that the decision was contrary to the evidence or that the hearing involved an error
on a ruling of law which was fundamental to the board's decision. The written request for rehearing
shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter; the Board will not hear oral argument or evidence
when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any
party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.3 Case 154-17— Cont'd from October 25, 2017
Hassell, Merwyn Leverock Tre
Hassell, Merilyn Insco Tre
1474 De Leon St.
Commercial Vehicle — Devol
No one was present to represent the Respondent.
Inspector Diane Devol presented property photographs of the violation at 1474 De Leon Street for a
commercial vehicle parked in the driveway. June 16 and August 24, 2017 photographs showed a
large commercial truck in the driveway. An October 31, 2017 photograph showed no truck. The truck
had not returned since compliance was met. She 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 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
Code Enforcement 2017-11-15 4
violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 on the testimony and evidence received, it is evident the condition(s) related to a commercial
vehicle existed; however, it is further evident this/these condition(s) was/were corrected prior to this
hearing. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1407.A.2.e & 3-
1407.B.1 as referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). If the
Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order
the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the
City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based
only on the ground that the decision was contrary to the evidence or that the hearing involved an error
on a ruling of law which was fundamental to the Board's decision. The 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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.4 Case 155-17— Repeat Violation — Cont'd from October 25, 2017
East Shore International Enterprises LLC
409 East Shore Dr.
Parking on Unpaved Area— Devol
Property manager Marie Parra admitted to the repeat violation.
Inspector Diane Devol provided a PowerPoint presentation. On August 23, 2017, the MCEB
(Municipal Code Enforcement Board) issued a Declaration of Violation for Case 121-17 for parking on
unpaved area at 409 East Shore Drive. A notice of repeat violation was issued on September 7, 2017,
following inspection, for parking on unpaved area. Property photographs on September 4, 2017
showed the property full of vehicles parked on unpaved surfaces. No permit was issued for that use.
Code Enforcement 2017-11-15 5
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 and has committed a repeat violation. The motion was duly seconded
and carried unanimously.
Inspector Devol recommended a fine of$500 fine be imposed for the day (September 4, 2017) the
violation was observed and photographed. She was in contact with the owner and advised him of the
need to install a permanent barricade.
Attorney 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 for each day the violation continues to exist. The motion was duly seconded and carried
unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 parking on unpaved area
was/were in violation of the City of Clearwater Code. A representative of the Respondent(s) was
present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Code Section(s) ) 3-1407.A.7 as referred to in the
Affidavit in this case and previously was/were found to have violated the same Code Section(s) on
August 23, 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 ($500.00 daily fine) for
September 4, 2017, when the repeat violation occurred, payable by December 15, 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.
Code Enforcement 2017-11-15 6
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.5 Case 160-17
Brian Lake
617 N Highland Ave.
Short Term Rental — Phillips
Property owner Brian Lake denied the violation. He said he had not rented the property short-term
since he learned of the restriction.
Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on June
21, 2017, following the first inspection for short-term rental at 617 N Highland Avenue. Inspector
Phillips reviewed the Code definition of a "residential use." Property photographs showed the house
and rear guest house.
Prima facie evidence -Airbnb website screenshots re 617 N Highland Avenue: 1) October 17, 2017 -
5% weekly discount advertised, detailed December 2 —9, 2017/January 6 —8, 2018 rental rate
quotes, and reviews of 2 separate rentals in June 2017; 2) October 26, 2017—5% weekly discount
and 2-night minimum weekend stay advertised, detailed December 2— 16, 2017 rental rate quote,
and short-term dates available on October and November calendars; and 3) November 14, 2017 - 30
night minimum stay and 5% weekly discount advertised and detailed April 14—27, 2018 rental rate
quote.
Mr. Lake said the Airbnb site was difficult to navigate. He said he allowed guests who had
reservations before he received notice to stay short-term. He said the current tenant had been there
since September and now was renting week to week. He said he had overlooked the weekly discount
offer when he updated the site.
Sarah Allen said they had obtained a BTR. She said it was negligence on their part for not updating
the website properly.
Concern was expressed the property owner had not updated the website since being contacted re the
violation 5 months previously.
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 Phillips said the City had denied the property owner's application for a short-term BTR in
June. The owner never contacted her. She said property owners chose to advertise on rental
websites and provided all information for their postings. She recommended compliance by November
20, 2017 or a fine of$250 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 November 20, 2017. If the Respondent does not comply within the time specified, the Board
Code Enforcement 2017-11-15 7
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 November 15,
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: short-term
rental. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 1-104.113 & 3-919, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall rent the property for at least 31 days or one
calendar month, whichever is less, remove all daily/weekly rental rates, reviews and discounts from
websites, and update all website calendars to reflect minimal rental requirement of 31-days or one
calendar month, whichever is less to comply with said Section(s) of the Code by the deadline,
November 20, 2017. The fine is $250.00 per day for each and every day the violation continues past
the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
Julie Phillips, who shall inspect the property and notify the Board of compliance. If the
Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the
fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall
constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162,
Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the
City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based
only on the ground that the decision was contrary to the evidence or that the hearing involved an error
on a ruling of law which was fundamental to the board's decision. The written request for rehearing
shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter; the Board will not hear oral argument or evidence
when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any
party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.6 Case 161-17— Cont'd to December 20, 2017
Keith Mundy & Julie Holladay
204 Avanda Ct.
Code Enforcement 2017-11-15 8
Parking Lot Surfaces —Cantrell
Case 161-17 was continued automatically to December 20, 2017.
4.7 Case 162-17
1459 Pierce St Land Trust
1459 Pierce St.
Parking Lot Surfaces/Exterior Surfaces— Fletcher
Property manager Ryan Vansant 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 Vicki Fletcher presented property photographs of the 2 violations at 1459 Pierce Street for
parking lot surfaces and exterior surfaces. October 26 and November 8, 2017 photographs showed
exterior surfaces were faded and stained with mildew and the deteriorated driveway had cracks,
heaved areas, and pot holes.
Mr. Vansant said he contacted Inspector Fletcher when he received the notice of violation last week.
He said the house was pressure washed and professionally painted yesterday. He said a paving
company was contracted to repair the driveway. He said he tried to obtain a fence permit to block
transient access to the decrepit backyard shed. He said the shed enhanced the property's value.
Inspector Fletcher said the shed was part of the exterior surfaces violation. She recommended
compliance by December 15, 2017 or a fine of$150 per day per violation be imposed.
Mr. Vansant requested additional time due to upcoming holidays and time needed to repair the
driveway.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations on or before
January 15, 2018. If the Respondent does not comply within the time specified, the Board may order a
fine of$150 per day per violation for each day each violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 parking lot surfaces. 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) 3-1403.A, 3-1502.K.4, &
3-1502.113, as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2017-11-15 9
It is the Order of the Board that the Respondent(s) shall: 1) Driveway— repair and/or replace all
damaged, cracked, and heaved areas of the driveway surface with an all weather permanent paving
material graded to drain stormwater and obtain a permit if one is required to complete this work and 2)
Exterior Surfaces - pressure wash to remove all peeling paint, discoloration, and mildew and/or paint
the building to match existing or adjacent surfaces to comply with said Section(s) of the Code by the
deadline, January 15, 2018. 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
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.8 Case163-17
Edna M Diaz
612 S Lake Dr.
RV in R-O-W— Fletcher
Mary Curtis said her mother owned the house and had incapacitating health problems. She said her
mother's husband owned the RV. She admitted to the violation.
Member Johnson moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Vicki Fletcher recommended compliance by November 30, 2017 or a fine of$150 per day
be imposed.
Inspector Fletcher said after she spoke with the RV's owner, the RV was moved from the front of the
house to the side, behind a temporary barrier. She told the RV's owner that the new location was too
close to the neighbor's property and was not acceptable. She presented property photographs of the
violation at 612 S Lake Drive. An October 30, 2017 photograph showed the RV parked in front of the
house and a November 13, 2017 photograph showed the RV parked next to the garage on an
unapproved surface within the residential setback.
Code Enforcement 2017-11-15 10
Mark Healy said the property belonged to his wife and his RV was next to the house where it
belonged. He said he moved the RV when neighbors needed to access their backyard. He said the
RV was his only form of transportation and he drove it occasionally.
Discussion ensued with comments that parking the RV in front of the house or next to the garage
violated the Code and the RV could not remain there. It was stated that Mr. Healy was responsible for
storing the RV legally.
Attorney Smith submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent to correct the violation on or before
December 15, 2017. If the Respondent does not comply within the time specified, the Board may
order a fine of$150 per day for each day the violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: RV parked
between principal structure and street right-of-way or in side or rear setback not screened by a fence,
wall or hedge. Two representatives of the Respondent(s) were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1407.A.1.c, 3-
1407.A.2.d, & 3-1407.A.3.d, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove the RV from the property or screen
the RV behind a 6-foot hedge, permitted solid fence or wall parked on an approved and permitted
surface such as concrete, brick pavers, or asphalt outside residential setbacks to comply with said
Section(s) of the Code by the deadline, December 15, 2017. The fine is $150.00 per day for each and
every day the violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
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
Code Enforcement 2017-11-15 11
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.9 Case 164-17
Trust No 1471 WS
1471 Woodbine St.
Hauling Trailer/Exterior Storage/Res. Grass Parking — Knight
Property owner David Ritter admitted to the violation. He said the property was in compliance.
Inspector Knight said compliance had been met for exterior storage and requested a declaration of
violation. When he last inspected the property, violations for the hauling trailer and grass parking
existed.
Member Kleban moved to find the Respondent was in violation of the City of Clearwater Code re
exterior storage 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.
Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code re hauling
trailer and grass parking as referred to in the affidavit in this case. The motion was duly seconded and
carried unanimously.
Inspector Daniel Knight recommended compliance for the 2 violations by November 29, 2017 or a fine
of$150 per day per violation be imposed. He presented property photographs of the hauling trailer
and residential grass parking violations at 1471 Woodbine Street. A November 9, 2017 photograph
showed a hauling trailer parked on the street in front of the house. November 13, 2017 photographs
showed an unscreened hauling trailer parked on an unapproved surface next to the house.
Mr. Ritter said he had been out of town but his tenant told him he had rented an offsite location for the
hauling trailer and the property was in compliance. He requested time to be certain the property
complied with Code.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations re hauling
trailer and residential grass parking on or before December 15, 2017. If the Respondent does not
comply within the time specified, the Board may order a fine of$150 per day per violation for each day
each violation continues to exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
2017, after due notice to the Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order:
Code Enforcement 2017-11-15 12
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 2 violations exist: Hauling trailer
and residential grass parking.
It also is evident conditions related to exterior storage existed; however, it is further evident these
conditions were corrected prior to this hearing.
The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1407.A.1.b, 3-
1407.A.2.c, 3-1407.A.3.c, 3-1403.13.1., 3-1407.A.5. & 3-1407.A.7 as referred to in the Affidavit in this
case.
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. as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Hauling Trailer— remove all hauling
trailers from property and street rights-of-way or store trailers on side or rear of property, behind a six-
foot hedge, permitted solid fence or wall, on an approved and permitted parking surface outside
residential setbacks and 2) Residential Grass Parking - only one vehicle may be parked on the grass
and it must be parallel and adjacent to the driveway. Hauling trailers cannot be parked in front of the
principle structure or on the grass to comply with said Section(s) of the Code by the deadline,
December 15, 2017. The fine is $150.00 per day per violation for each and every day each violation
continues past the date set for compliance.
It is the Order of this Board that no fine will be imposed against the Respondent(s) for the conditions
related to exterior storage. If the Respondent(s) repeats/repeat these violations within five years, the
Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation
continues.
Upon complying with said Section of the Code, the Respondent(s) shall notify Inspector Daniel
Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s)
fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be
recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien
against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the
City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based
only on the ground that the decision was contrary to the evidence or that the hearing involved an error
on a ruling of law which was fundamental to the board's decision. The written request for rehearing
shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter; the Board will not hear oral argument or evidence
when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Code Enforcement 2017-11-15 13
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 15th of November 2017, at Clearwater, Pinellas County, Florida.
4.10 Case 165-17
Hakki, Hadi Tre
23498 US Highway 19
Feather Signs/Attached Signs in Non-Residential District— 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 Knight recommended compliance by November 29, 2017 or a fine of$150 per day per
violation be imposed. He presented property photographs of the 2 violations for unpermitted signs and
feather signs at 23498 US Highway 19. November 2, 2017 photographs showed feather signs, an
unpermitted yellow sign on the front of the building, and unpermitted signage attached to the
freestanding sign. He contacted the property owner multiple times.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations on or
before November 29, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$150 per day per violation for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: signage
erected without permits and prohibited feather signs. The Respondent was not present and had no
representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1804.A, 3-1804, 3-
1807.113.1a, &4-1002, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Signage erected without permits -
obtain permits and/or remove unpermitted signage from the property and 2) Prohibited feather signs —
remove all feather signs from the property and refrain from erecting any in the future to comply with
said Section(s) of the Code by the deadline, November 29, 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 2017-11-15 14
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.11 Case 166-17
R E Metz Properties
1616 Gulf-to-Bay Boulevard A
Attached Signs in Non-Residential District— 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 recommended compliance by November 29, 2017 or a fine of$150 per day
be imposed. He presented property photographs of the unpermitted signage violation at 1616 Gulf-to-
Bay Boulevard. November 2, 2017 photographs showed unpermitted signs on the freestanding sign,
feather signs, plus an illegal banner attached to a business. He spoke to the business owner but not
the property owner. The owner of the feather signs said they would be removed.
Attorney Smith submitted composite exhibits.
Member Kleban moved to enter an order requiring the Respondent to correct the violation on or
before November 29, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$150 per day for each day the violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 2017-11-15 15
Based upon the testimony and evidence received, it is evident that 1 violation exists: signage
erected without permits. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-11807.13.3.a &4-1002,
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain permits and/or remove unpermitted
signage from the property to comply with said Section(s) of the Code by the deadline, November 29,
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.12 Case 167-17
Asem Hasan
1105 Court St.
Prohibited Signage/Sign Maintenance/Window Signs/Attached Signage in Non-Residential
District— 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 recommended compliance by November 29, 2017 or a fine of$150 per day
per violation be imposed. He presented property photographs of the 4 violations at 1105 Court Street
for prohibited signage, sign maintenance, window signs, and attached signage. He spoke with the
Code Enforcement 2017-11-15 16
business/property owner. November 6, 2017 photographs showed hurricane damaged signage,
excess window signage, a triangle shaped sign on a parking lot pole, and faded paint on the base of
the free standing sign structure which had an illegal sign.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations on or before
November 29, 2017. If the Respondent does not comply within the time specified, the Board may
order a fine of$150 per day per violation for each day each violation continues to exist. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: sign
maintenance, window signs, signage erected without a permit, and prohibited portable signs. The
Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1804, 3-1804.11-11, 3-
1805.Q.2, 3-1502.1, 3-1805.0, 3-1807.113.3.a, &4-1002, 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
attached and freestanding signage on the property so all signage is in good condition, free of damage,
rust, fading and/or peeling paint; 2)Window Signs— reduce window signage at the property so it is no
greater than 25% of the total window area or 50 square-feet, whichever is less; 3) Signage Erected
Without Permits - obtain permits or remove unpermitted signage from the property; and 4) Prohibited
Portable Signs— remove all portable signage from the property to comply with said Section(s) of the
Code by the deadline, November 29, 2017. The fine is $150.00 per day per violation for each and
every day each violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
Daniel Knight, who shall inspect the property and notify the Board of compliance. If the
Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the
fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall
constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162,
Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the
City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based
only on the ground that the decision was contrary to the evidence or that the 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 2017-11-15 17
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.13 Case 168-17
Quoc Bao Trading Inc.
1222 Cleveland St.
Attached Signs in Non-Residential District— Knight
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 Daniel Knight recommended compliance by November 29, 2017 or a fine of$150 per day
be imposed. He presented a property photograph of the violation at 1222 Cleveland Street for signage
erected without a permit. A November 2, 2017 photograph showed the unpermitted sign "Massages."
The sign for the previous business was permitted. The person who identified himself as the property
owner said compliance would be met.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation on or
before November 29, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$150 per day for each day the violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: signage
erected without a permit. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1807.113.3.a &4-1002,
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain a permit or remove unpermitted
signage from the property to comply with said Section(s) of the Code by the deadline, November 29,
2017. The fine is $150.00 per day for each and every day the violation continues past the date set for
compliance.
Code Enforcement 2017-11-15 18
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.14 Case 169-17
Quoc Bao Trading Inc.
1230 Cleveland St.
Attached Signs in Non-Residential District— 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 recommended compliance by November 29, 2017 or a fine of$150 per day
be imposed. He presented property photographs of the violation at 1230 Cleveland Street for signage
erected without a permit. July 14 and November 10, 2017 photographs showed the signage. The
person who identified himself as the property owner said the business was closed and the signage
would be removed.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or before
November 29, 2017. If the Respondent does not comply within the time specified, the Board may
order a fine of$150 per day for each day the violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 2017-11-15 19
Based upon the testimony and evidence received, it is evident that 1 violation exists: signage
erected without a permit. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-11807.13.3.a &4-1002,
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall obtain a permit and/or remove unpermitted
signage from the property to comply with said Section(s) of the Code by the deadline, November 29,
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.15 Case 170-17
Quoc Bao Trading Inc.
1238 Cleveland St.
Attached Signs in Non-Residential District— Knight
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 Daniel Knight recommended compliance by November 29, 2017 or a fine of$150 per day
be imposed. He presented property photographs of the violation at 1238 Cleveland Street for signage
erected without a permit. July 14, August 22, and November 2, 2017 photographs showed a permitted
sign on the front of the building and unpermitted sign on the building's east side. On November 2,
Code Enforcement 2017-11-15 20
2017, Inspector Knight said the person who identified himself as the property owner said the
unpermitted sign would be removed.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or before
November 29, 2017. If the Respondent does not comply within the time specified, the Board may
order a fine of$150 per day for each day the violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: signage
erected without permits. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1807.113.3.a &4-1002,
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove unpermitted signage from the
property to comply with said Section(s) of the Code by the deadline, November 29, 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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
Code Enforcement 2017-11-15 21
4.16 Case 171-17
Altner, Martin L Trust
210 Waverly Way
Parking Lot Surfaces/Exterior Surfaces— 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 presented property photographs of the 2 violations at 210 Waverly Way for
parking lot surfaces and exterior surfaces. November 3, 2017 photographs showed damaged soffit
and fascia, exterior surfaces with mildew and peeling paint, and deteriorated parking lot surfaces with
cracks and pot holes.
Inspector Brown recommended compliance by December 15, 2017 or a fine of$150 per day per
violation be imposed. The notice of hearing was issued on July 10, 2017. She was in contact with the
property owner.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations on or before
December 15, 2017. If the Respondent does not comply within the time specified, the Board may
order a fine of$150 per day per violation for each day each violation continues to exist. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: parking lot
surface materials/maintenance and exterior surfaces. The Respondent was not present and had no
representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.A, 3-1502.K.4, &
3-1502.113, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Parking lot surface materials/
maintenance - Repair and/or replace all damaged, cracked, and heaved areas of the driveway/
parking lot surfaces with an all weather permanent paving material graded to drain stormwater and
obtain a permit if one is required to complete this work and 2) Property Maintenance/ Exterior
Surfaces— Repair and/or replace all damaged/deteriorated structural & decorative elements in a
workmanlike manner (trims, soffits, fascia, etc.), remove all mildew, peeling paint, and other loose
materials, repaint all 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,
Code Enforcement 2017-11-15 22
December 15, 2017. The fine is $150.00 per day per violation for each and every day each violation
continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
Shelby Brown, who shall inspect the property and notify the Board of compliance. If the
Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the
fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall
constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162,
Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the
City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based
only on the ground that the decision was contrary to the evidence or that the hearing involved an error
on a ruling of law which was fundamental to the board's decision. The written request for rehearing
shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter; the Board will not hear oral argument or evidence
when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any
party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.17 Case 172-17— Cont. to December 20, 2017
Jade Group LLC
1260 Pierce St.
Exterior Surfaces — Brown
Case 172-17 was continued automatically to December 20, 2017.
4.18 Case 173-17
J B E C Properties LLC
1273 Pierce St.
Parking Lot Surfaces — Brown
No one was present to represent the Respondent.
Inspector Brown said compliance 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 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
violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
Code Enforcement 2017-11-15 23
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 on the testimony and evidence received, it is evident the condition(s) related to required
parking lot surface materials/maintenance/striping existed; however, it is further evident this/these
condition(s) was/were corrected prior to this hearing. The Respondent was not present and had no
representation.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1403.A, 3-1502.K.4,
& 3-1404.113 as referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). If the
Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order
the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the
City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based
only on the ground that the decision was contrary to the evidence or that the hearing involved an error
on a ruling of law which was fundamental to the Board's decision. The written request for rehearing
shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter; the Board will not hear oral argument or evidence
when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit
Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final
disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires
any party appealing a decision of this Board to have a record of the proceedings.
DONE AND ORDERED this 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.19 Case 174-17
Barbara A Crocker
1288 Jasmine Way
Hauling Trailer/Exterior Storage— Harris
Property owner Barbara Crocker 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 Christin Harris presented property photographs of the 2 violations at 1288 Jasmine Way for
a hauling trailer and exterior storage. July 18 and October 9, 2017 photographs showed a loaded
hauling trailer parked on the driveway and a hauling trailer on the grass. A hauling trailer later moved
behind lattice board remained in violation. She recommended compliance by November 22, 2017 or a
fine of$150 per day per violation be imposed.
Code Enforcement 2017-11-15 24
Ms. Crocker said she thought the trailer could be parked legally next to the house. She planned to
install a fence with a gate but did not have the time or money for the project now. She requested 90
days to comply.
Inspector Harris said the City would support the request.
Attorney Smith submitted composite exhibits.
Member Johnson moved to enter an order requiring the Respondent to correct the violations on or
before February 13, 2018. If the Respondent does not comply within the time specified, the Board
may order a fine of$150 per day per violation for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: Hauling trailer
and Exterior Storage. The Respondent(s) was/were present..
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1407.A.2.c, 3-
1407.A.3.c, 3-1502.G.1, & 3-1502.G.2, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Hauling Trailer— screen the hauling trailer
behind a 6-foot hedge, permitted solid fence or wall parked on an approved and permitted surface
such as concrete, brick pavers, or asphalt outside residential setbacks or store the hailing trailer off-
site and 2) Exterior Storage - remove any items not intended for outdoor use, including buckets, scrap
metal, shelving and miscellaneous junk items to comply with said Section(s) of the Code by the
deadline, February 13, 2018. 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
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.
Code Enforcement 2017-11-15 25
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.20 Case 175-17
Robert&Virgie Moran
1304 Barry St.
RV in Area Between Principal Structure & R-O-W
No one was present to represent the Respondent.
Inspector Harris said compliance had been met and requested a declaration of violation
Member Johnson 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
violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 on the testimony and evidence received, it is evident the condition(s) related to a RV parked
between the principal structure and street right-of-way and parked in the side or rear setback not
screened by a 6-foot fence, wall or hedge existed; however, it is further evident this/these condition(s)
was/were corrected prior to this hearing. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1407.A.2.d & 3-
1407.A.3.d 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
Code Enforcement 2017-11-15 26
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.21 Case 176-17
Casabella Trust
1365 Drew St.
Residential Rental BTR— Harris
Property manager Jason Canaan 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 presented a Google Map photograph of the property at 1365 Drew Street. A
residential rental BTR (Business Tax Receipt) was required. She recommended compliance by
December 15, 2017 or a fine of$150 per day be imposed.
Mr. Canaan said he had applied for a Department of Business & Professional Regulation State
license which the City required before issuing a BTR. He said he was waiting for inspection to verify
the building was in compliance. He estimated the inspection would take place in 7 to 14 days.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violation on or
before December 15, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$150 per day for each day the violation continues to exist. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 & 3-2303, as
referred to in the Affidavit in this case.
ORDER
Code Enforcement 2017-11-15 27
It is the Order of the Board that the Respondent(s) shall submit an application for a residential
business tax receipt, payment, and proof of a local contact agent and a State license issued by the
Department of Business & Professional Regulation required for all rental properties with 5 or more
units to comply with said Section(s) of the Code by the deadline, December 15, 2017. The fine is
$150.00 per day for each and every day the violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.22 Case 177-17
Kim Lynn Matthiesen
701 Vine Ave.
Exterior Storage/Unmaintained R-O-W—Stewart
Property owner Kim Matthiesen denied the violations.
Inspector AIIie Stewart provided a PowerPoint presentation. A notice of violation was issued on
August 11, 2017, following the first inspection. The 2 violations at 701 Vine Avenue related to exterior
storage/outdoor storage and sidewalks & public right-of-way accumulation of nuisances. Property
photographs on August 8 and October 4, 2017 showed overgrown vegetation, debris in the front yard,
and multiple items on the front porch including a stove, screens, and tables. Property photographs on
August 31, 2017 showed vines hanging over the sidewalk and leaves and debris on the sidewalk.
Property photographs on September 21, 2017 showed vines hanging over the sidewalk, leaves and
debris on the sidewalk, and grass growing over the sidewalk. Property photographs on November 8,
2017 showed overgrowth on the right-of-way seeping into the street.
Ms. Matthiesen said everything she had purchased to clean up the yard was stolen off the front porch.
She said the front porch was cleared.
Hannah Katrina Jones, daughter of property owner Matthiesen, said someone came on the property
constantly and stole; they called the police each time.
Code Enforcement 2017-11-15 28
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. Members Strickland, Prast,
Engel, Johnson and Chair Carothers voted "Aye"; Member Kleban voted "Nay." Motion carried.
Inspector Stewart said by State statute, the notice of violation was mailed to the address listed with
the Pinellas County Property Appraiser. Attorney for the Board Andy Salzman said the property also
was posted; the property owner was properly noticed.
Inspector Stewart recommended compliance by December 15, 2017 or a fine of$150 per day per
violation be imposed. She had not had communication with the property owner until a few days ago
when Ms. Matthiesen told her the City had no right to say what was on her front porch.
Ms. Matthiesen said she could comply by the deadline; she got a mower and was storing it inside her
house.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations on or
before December 15, 2017. If the Respondent does not comply within the time specified, the Board
may order a fine of$150 per day per violation for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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/outdoor storage and sidewalks and public rights-of-way accumulation of nuisances. 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.G.1, 3-1502.G.2,
3-1502.G.3, 3-1503.113.6, 3-1502.K.1, 3-1503.113.7, 3-1503.113.8, 3-1503.113.10, & 3-1503.B.5.A, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Exterior Storage - remove all items not
intended to be stored outdoors, including interior furniture, appliances, window screens, bricks against
the chain link fence, plastic tubs, buckets, hampers, televisions, electronics, etc. and 2) Public Rights-
Of-Way and Accumulation of Public Nuisances - mow yard, edge property where it meets the
sidewalks and curb, rake and remove dead vegetation and leaves, and maintain yard on a weekly
basis to comply with said Section(s) of the Code by the deadline, December 15, 2017. The fine is
$150.00 per day per violation for each and every day each violation continues past the date set for
compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector
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
Code Enforcement 2017-11-15 29
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.23 Case 178-17 -Withdrawn
Charles N Place
1827 Venetian Point Dr.
Docks & Seawalls/Fences &Walls/Exterior Surfaces/Inoperative Vehicle—Stewart
Case 178-17 was withdrawn.
4.24 Case 179-17
Doyle, Evelyn M Revocable Trust
1268 Engman St.
Lot Clearing/Inoperative Vehicle/Exterior Surfaces/Parking on Unpaved Area/Exterior Storage
— Jewett
Christopher Rowland, property owner Evelyn Doyle's son-in-law, admitted to the violations.
Inspector Eric Jewett said trust representative Carl Doyle had indicated a representative would attend
today's meeting.
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 Jewett recommended compliance by January 15, 2018 or a fine of$150 per day per
violation be imposed. He said the entire compound had several addresses and was used for a
commercial storage business.
Inspector Jewett presented property photographs of the 5 violations at 1268 Engman Street for
exterior surfaces, lot clearing/accumulation of debris, exterior storage/construction materials,
inoperable vehicles/outdoor storage/nuisance, and parking on unpaved surface. August 10, 2017
photographs showed vehicle and boat storage on unpaved surfaces, a rusting boat on the ground,
and overgrowth. A November 8, 2017 screenshot of a September 1, 2017 letter from Carl Doyle
stated the property would be sold and listed proposed repairs. September 26, 2017 photographs
showed pallets, cinder blocks, and a rusted fence. November 7, 2017 photographs showed the
vehicles had been moved to one area while the property owners determined ownership and worked to
Code Enforcement 2017-11-15 30
have them removed. Much of the debris was cleared and the storage unit had been pressure washed;
the structure needed painting.
Mr. Rowland said they had worked diligently to clean up the property.
Attorney Smith submitted composite exhibits.
Member Johnson moved to enter an order requiring the Respondent to correct the violations on or
before January 15, 2018. If the Respondent does not comply within the time specified, the Board may
order a fine of$150 per day per violation for each day each violation continues to exist. The motion
was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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: exterior
surfaces, lot clearing/accumulation of debris, exterior storage/construction materials, inoperable
vehicles/outdoor storage/nuisance, and parking on unpaved area. 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) 3-1407.A.7, 3-1502.G.2,
3-1502.G.3, 3-1502.113, 3-1503.113.6, & 3-1503.113.7, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Inoperable Vehicles & Storage—all
vehicles must be removed from the property unless they are operable with current tag, registration,
and inflated tires; 2) Lot Clearing & Debris - cut the grass, remove all debris from property, and
maintain the property on a regular basis; 3) Exterior Storage— remove all cinder blocks, pallets, wood,
construction materials, and all items not intended for outdoor use; 4) Exterior Surfaces - remove rust
and peeling paint and repaint the building; and 5) Parking on Unpaved Areas— park vehicles on
approved permitted surfaces such as concrete, asphalt, or brick pavers to comply with said Section(s)
of the Code by the deadline, January 15, 2018. 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 Eric
Jewett, 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
Code Enforcement 2017-11-15 31
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
4.25 Case 180-17
Doyle, Evelyn M Revocable Trust
1300 N Betty Ln. 4
Exterior Surfaces/Lot Clearing - Jewett
Inspector Eric Jewett said compliance 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 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
violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The
motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on November 15,
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 on the testimony and evidence received, it is evident the condition(s) related to exterior
surfaces and lot clearing/accumulation of debris existed; however, it is further evident this/these
condition(s) was/were corrected prior to this hearing. A representative of the Respondent(s) was
present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1503.113.7 and 3-
1502.B 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
Code Enforcement 2017-11-15 32
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 15th day of November 2017, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 29-16 Affidavit of Compliance
Gilbert Jannelli
1343 Cleveland St.
Roof Maintenance/Exterior Surfaces— Fletcher
5.2 Case 42-16 Affidavit of Compliance
Marcos R. Rojas
812 Willowbranch Ave.
Abandoned Building — Cantrell
5.3 Case 106-16 Affidavit of Compliance
Deborah B. Phillips Est.
1823 Barbara Ln.
Ext. Storage/Door &Window Openings/Abandoned Bldg. — Knight
5.4 Case 24-17 Affidavit of Compliance
Raul Camacho
2495 Stag Run Blvd.
Ext Storage/Fences &Walls - Hollifield
5.5 Case 37-17 Affidavit of Compliance
Robert J Metz
Sugar Factory LLC
1844 Drew St.
Parking Lot Surfaces/Ext. Surfaces/Fences &Walls - Hollifield
5.6 Case 68-17 Affidavit of Compliance
R L S Properties Holdings LLC
541 Woodlawn St.
Lot Clearing/Grass Parking/Exterior Storage/Commercial Vehicle/Hauling Trailer—
Cantrell
5.7 Case 74-17 Affidavit of Compliance
Benedict & Juliet Williams
900 Palmetto St.
Comm. Parking Restrictions— Devol
Code Enforcement 2017-11-15 33
5.8 Case 106-17 Affidavit of Compliance
Alden Land Trust
25008 US Highway 19
Development Code Violation (Electronic Gambling) — Brown
5.9 Case 139-17 Affidavit of Compliance
Torin D McCray
1326 Fairmont St.
Inoperative Vehicle— Fletcher
5.10 Case 141-17 Affidavit of Compliance
Calvin Lee Ladd
1246 Idlewild Dr.
Hauling Trailer—Stewart
5.11 Case 67-17 Affidavits of Non-Compliance
Maria Mancos
Rose Mancos
1943 Gilbert St.
Exterior Surfaces/Fences — Hollifield
5.12 Case 74-17 Affidavits of Non-Compliance
Benedict & Juliet Williams
900 Palmetto St.
Exterior Surfaces/ Door &Window Openings— Devol
5.13 Case 109-17 Affidavit of Non-Compliance
Baymont East LLC
55 Baymont St.
Res. Rental BTR— Harris
5.14 Case 118-17 Affidavit of Non-Compliance
Barbara Redding & Nathaniel Reed
1125 Jadewood Ave.
Grass Parking — Brown
5.15 Case 128-17 Affidavit of Non-Compliance
Silas Keiper
1316 Young Ave.
Exterior Storage— Harris
5.16 Case 135-17 Affidavit of Non-Compliance
Bay Area Infectious Disease Center
1407 Gulf-to-Bay Boulevard
Parking Lot Surfaces — Knight
5.17 Case 141-17 Affidavit of Non-Compliance
Calvin Lee Ladd
1246 Idlewild Dr.
Exterior Surfaces/Exterior Storage —Stewart
Code Enforcement 2017-11-15 34
Member Johnson moved to accept the Affidavits of Compliance for Cases 29-16, 42-16, 106-16, 24-
17, 37-17, 68-17, 74-17, 106-17, 139-17, and 141-17 and to accept the Affidavits of Non-Compliance
and issue the Orders imposing fines for Cases 67-17, 74-17, 109-17, 118-17, 128-17, 135-17, and
141-17. The motion was duly seconded and carried unanimously.
6. NEW BUSINESS
6.1 Case 106-17— Lien Reduction Request
Alden Land Trust
25008 US Highway 19
Development Code Violation (Electronic Gambling) — Brown
Property manager Alysa Kenourgio requested a reduction in the lien to administration costs.
Attorney Smith said the property had been cited for illegal gambling. The property owner had to go
through the legal process and evict the business owner through the court system. The City supported
reduction of the lien.
Attorney Salzman said administration costs totaled $1,469.20. The lien was $20,000.
Member Prast moved to enter an order reducing the fine for Case 106-17 to administration costs of
$1,469.20 payable by December 15, 2017 or the lien will revert to its original amount. The motion was
duly seconded and carried unanimously.
The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a
hearing held on November 15, 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 August
23, 2017, as recorded in O.R. Book 19760, Pages 1936 - 1939 of the public records of Pinellas
County, Florida, is hereby reduced to administration costs of$1,469.20 payable to the Petitioner by
December 15, 2017. If the reduced lien amount is not paid within the time specified in this Order, a
lien in the original amount of$20,000.00 shall be recorded in the public records of Pinellas County,
Florida.
DONE AND ORDERED this 15th day of November 2017, at Clearwater, Pinellas County, Florida.
6.2 Case 127-16 - Unattach Lien Pursuant to 162.09(3), 1460 Pierce St. —
Cont'd from October 25, 2017 -Withdrawn
Shimshon Manshcrov
1256 Jackson Rd.
Ext. Surfaces/Door &Window Openings — Devol
Case 127-16 was withdrawn.
Code Enforcement 2017-11-15 35
7. NUISANCE ABATEMENT LIEN FILINGS:
BEAL, CARL EST
1849 DIANE DR
05- 29 -16- 13554- 010 -0030
PNU2017 -00672
$486.55
CIRO A ROMERO
871 CASLER AVE
PNU2017 -01101
11- 29 -15- 00903 - 000 -0880
$624.40
CANOTAS, COSTAS EST
1936 BETTY LN
PNU2017 -01322
03- 29 -15- 83970 - 000 -0540
$220.00
CANOTAS, COSTAS EST
1936 BETTY LN
PNU2017 -01323
03- 29 -15- 83970 - 000 -0540
$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 3:50 p.m.
Attest:
Chair, cipal Code Enforcement Board
Secretary to the Bo. rd
Code Enforcement 2017 -11 -15 36