03/28/2018 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
March 28, 2018
Present: Chair Wayne Carothers, Vice Chair Robert Prast, Board Member James E. Strickland,
Board Member Daniel Engel, Board Member Sue A. Johnson, Board Member Michael Mannino
Absent: Board Member 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 February 28, 2018 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Johnson moved to approve minutes of the February 28, 2018 Municipal Code
Enforcement Board meeting as submitted in written summation. The motion was duly seconded
and carried unanimously.
3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None.
4. PUBLIC HEARINGS
4.1 Case 07-18 —Cont'd from 01/24/18 &2/28/18 -Withdrawn
Metco Development Corp
1441 S Belcher Rd.
Parking Lot/Exterior Surfaces/Exterior Storage/Lot Clearing/Graffiti/Fences— Cantrell
Case 07-18 was withdrawn.
4.2 Case 16-18 - Cont'd from 01/24/18 &2/28/18
Anahi Mejia
La Reina de Mexico Inc.
1400 Gulf-to-Bay Boulevard
Freestanding Discontinued Sign/Window signs— Knight
Oscar Guadalupe Ruiz Mejia, representing his mother, the property owner, admitted to the
violations.
Code Enforcement 2018-03-28 1
Member Mannino 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 April 28, 2018 or a fine of$200 per day
per violation be imposed. He presented property photographs of the 2 violations at 1400 Gulf-to-
Bay Boulevard for a freestanding discontinued sign and window signs. A June 16, 2017
photograph showed a freestanding sign for Labor Ready; City records' screenshot recorded the
business' relocation to Largo on March 6, 2013. Notices of Violation were issued on June 20,
July 31, and December 4, 2017; the entire freestanding sign structure was out of compliance. A
January 12, 2018 photograph showed a new business advertised on the freestanding sign. A
March 23, 2018 photograph showed excessive window signs. He spoke with the business
owner about window signage. He had no contact with the property owner.
Mr. Mejia said he did not know the freestanding sign was too big; the installer said the sign was
OK. He said he and the property owner worked and lived elsewhere and had a worker at the
business. He said the property owner did not respond to his fax re the violations.
In response to a question, Mr. Mejia said the advertiser had consulted with the property owner
re the window signs; the property owner said she would be responsible for them. He said he
would ask if he could remove the signs.
Attorney Smith said the property owner, Mr. Mejia's mother, was liable for the violations and
obligated to correct them.
Mr. Mejia said he was not in contact with his mother who was having personal and work
problems. He said his stepfather had passed him a letter from his mother; she knew he was
representing her today. He said he could comply before the recommended deadline.
Inspector Knight said the freestanding sign required major modification.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations
on or before April 28, 2018. If the Respondent does not comply within the time specified, the
Board may order a fine of$200 per day per violation for each day each violation continues to
exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on March 28,
2018, 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:
Freestanding Discontinued Sign and Window Signs. A representative of the Respondent(s) was
present.
CONCLUSIONS OF LAW
Code Enforcement 2018-03-28 2
The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1804.D, 3-
1807.B.1 A, 3-1807.B.1.e, & 3-1805.0 as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Freestanding Discontinued Sign:
remove the sign from the property or obtain permits that may be required and bring the sign into
compliance with all current sign ordinances and 2)Window Signs: reduce window signage on
the property so it does not exceed 25% of the total window area or 50 square-feet, whichever is
less, to comply with said Section(s) of the Code by the deadline, April 28, 2018. The fine is
$200.00 per day per violation for each and every day each violation continues past the date set
for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector 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 28th day of March 2018, at Clearwater, Pinellas County, Florida.
4.3 Case 41-18 —Withdrawn
Metco Development Corp
1469 S Belcher Rd.
Sign Maintenance— Knight
Case 41-18 was withdrawn.
4.4 Case 42-18
MPSAPOURN LLC
415 Mandalay Ave.
Sign Maintenance— Knight
No one was present to represent the Respondent.
Code Enforcement 2018-03-28 3
Inspector Daniel Knight said compliance was met and requested a declaration of violation.
November 8, 2017 and March 23, 2018 property photographs showed the damaged and
repaired awning.
Attorney Smith submitted composite exhibits.
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 violation was corrected prior to today's hearing,
and to enter an order that no fine be imposed against the Respondent. If the Respondent
repeats the violation, the Board may order a fine of up to $500.00 for each day the violation
continues to exist. The motion was duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on March 28,
2018, 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 sign
maintenance 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) 3-1502.1 & 3-
1805.Q.2, 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 28th day of March 2018, at Clearwater, Pinellas County, Florida.
Code Enforcement 2018-03-28 4
4.5 Case 43-18 —Withdrawn.
Stars Cleaners of Tampa Bay Inc.
19080 US Highway 19
Sign Maintenance— Knight
Case 43-18 was withdrawn.
4.6 Case 44-18
Egg Platter III Inc.
19042 US Highway 19
Sign Maintenance— Knight
No one was present to represent the Respondent.
Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Daniel Knight recommended compliance by April 28, 2018 or a fine of$200 per day
be imposed. He presented property photographs of the violation at 19042 US Highway 19 for
sign maintenance. December 6, 2017, January 17, February 20, and March 23, 2018
photographs showed the monument sign base was multiple shades of green and had mildew,
faded and peeling paint, cracks, and missing plaster.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before April 28, 2018. If the Respondent does not comply within the time specified, the Board
may order a fine of$200 per day for each day the violation continues to exist. The motion was
duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on March 28,
2018, 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: Sign
Maintenance. 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) 3-1502.1 & 3-
1805.Q.2, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall repair and/or replace the monument
sign at the property so that it is in a good condition free of any damage, rust, mold, mildew,
fading and/or peeling paint/elements to comply with said Section(s) of the Code by the deadline,
April 28, 2018. The fine is $200.00 per day for each and every day the violation continues past
the date set for compliance.
Code Enforcement 2018-03-28 5
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Daniel Knight, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
4.7 Case 45-18 —Continue to April 25, 2018
First Baptist Church of Clearwater Inc.
3014 Carolina Ave.
Exterior Surfaces/Door &Window/Abandoned Building — Cantrell
Case 45-18 was continued automatically to April 25, 2018
4.8 Case 46-18 - Continue to April 25, 2018
First Baptist Church of Clearwater Inc.
3016 Carolina Ave.
Exterior Surfaces/Abandoned Building/Roof Maintenance —Cantrell
Case 45-18 was continued automatically to April 25, 2018
4.9 Case 47-18 - Continue to April 25, 2018
Rustlewood Condo Assn Inc.
2650 Countryside Blvd. Common Area
Landscaping — Harris
Case 47-18 was continued automatically to April 25, 2018
4.10 Case 48-18 - Continue to April 25, 2018
Antonio A De La Cruz
Greg P De La Cruz
900 S Highland Ave.
Residential Rental BTR— Harris
Code Enforcement 2018-03-28 6
Case 48-18 was continued automatically to April 25, 2018
4.11 Case 49-18
Mark J Ganisin
1401 Citrus St.
Fences &Walls/Boat Parking/Residential Grass Parking — Harris
No one was present to represent the Respondent.
Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Christin Harris recommended compliance by April 30, 2018 or a fine of$150 per day
per violation be imposed. She presented property photographs of the 3 violations at 1401 Citrus
Street for fences &walls, residential grass parking, and a boat parked on an unpaved surface in
an unscreened side or rear setback. February 21 and March 16, 2018 photographs showed the
boat parked on the grass in the side rear yard and the fence missing sections and slats.
Inspector Harris said the property owner was working on the fence, damaged by the hurricane.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations on or
before April 30, 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 March 28,
2018, after due notice to the Respondent(s), and having heard testimony under oath and
received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and
Order:
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 3 violations exist:
Residential Grass Parking, Fences &Walls, and Boat Parking. 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) 3-808, 3-808.A.1, 3-
808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, 3-808.A.6, 3-1407.A.3.a, 3-1407.A.7, & 3-1407.A.5, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Grass Parking: Remove any vehicles
parked in the grass and relocate them to the driveway. One vehicle may be parked parallel and
adjacent to the driveway. The grass must be maintained underneath the parked vehicle; 2)
Fence: Obtain a permit and repair the fence to code and ensure the fence is maintained in a
structurally sound and aesthetically attractive manner. The fence may be removed to achieve
compliance only if the boat is not stored in the back yard; and 3) Boat Parking: Store boat
behind a 6-foot solid fence, wall or hedge. The boat must be parked on an approved, permitted
Code Enforcement 2018-03-28 7
surface such as asphalt, concrete or pavers. A permit also is required to install the parking
surface to comply with said Section(s) of the Code by the deadline, April 30, 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.
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 28th day of March 2018, at Clearwater, Pinellas County, Florida.
4.12 Case 50-18
Corina Vancamp
2452 Brentwood Dr.
Short Term Rental - Phillips
Property owner Corina Vancamp admitted to the violation.
Member Mannino moved to find the Respondent(s) in violation of the City of Clearwater Code
as referred to in the affidavit in this case. The motion was duly seconded and carried
unanimously.
Inspector Julie Phillips recommended compliance by April 2, 2018 or a fine of$250 per day be
imposed.
Ms. Vancamp said she did not know short-term rentals were illegal and had corrected the
violation.
Inspector Phillips said online advertising the property for short-term rentals was in and out of
compliance. Cards at Clearwater Mall businesses continued to advertise the property for short-
term rentals.
Ms. Vancamp said she had not distributed the cards. She said she reinstated the online short-
term rental advertisement for 1 day to show a current renter its details.
Code Enforcement 2018-03-28 8
Attorney Smith submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent to correct the violation on or
before April 2, 2018. If the Respondent does not comply within the time specified, the Board
may order a fine of$250 per day for each day the violation continues to exist. The motion was
duly seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement Board on March 28,
2018, 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 and adjust all websites and cards distributed to
businesses: a) to show the 31-day or 1 calendar month requirement, whichever is less; b)
remove all daily and weekly rates, reviews and discounts; and c) update calendars to reflect the
31-day rental requirement or one calendar month whichever is less to comply with said
Section(s) of the Code by the deadline, April 2, 2018. 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
Code Enforcement 2018-03-28 9
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 24-10 Affidavit of Compliance
Charles W. Gruver
415 S Ft. Harrison Avenue
Business Tax Receipt - McMahon
5.2 Case 106-15 Affidavit of Compliance
Nestor Lira
59 Acacia St.
Fences &Walls — Brown
5.3 Case 16-16 Affidavit of Compliance
Remzi Dalip
2135 Burnice Dr.
Exterior Storage/Construction Material Storage—Cantrell
5.4 Case 81-16 Affidavit of Compliance
Charles Gruver
415 S. Ft. Harrison Ave.
Exterior Surfaces/Parking Lot Surfaces— Fletcher
5.5 Case 20-17 Affidavit of Compliance
Naomi Surface
3382 Atwood Ct.
Fences/Public Health, Safety or Welfare Nuisance/Lot Clearing/Inoperative Vehicle —
Stewart
5.6 Case 152-17 Affidavit of Compliance
North Shore Park 14 Land Trust
Nichols, Petr Tre
400 Lebeau St.
Inoperative Vehicle/Hauling Trailer— Devol
5.7 Case 181-17 Affidavit of Compliance
Bear Stearns Alt A Trust 2005 2
Bank of New York Mellon Tre
1857 Venetian Point Dr.
Exterior Surfaces/Door &Window Openings - Stewart
5.8 Case 183-17 Affidavit of Compliance
Gary L & Julianne C Craft
1202 Brigadoon Dr.
Exterior Surfaces - Brown
Code Enforcement 2018-03-28 10
5.9 Case 186-17 Affidavit of Compliance
Conor Petren
***************
Exterior Surfaces - Brown
5.10 Case 196-17 Affidavit of Compliance
Bassett, William L Trust
Bassett, Margaret J Trust
301 Baker Ave.
Exterior Storage - Knight
5.11 Case 198-17 Affidavit of Compliance
W R I Countryside Centre LLC
2555 Countryside Blvd.
Window Signage - Knight
5.12 Case 201-17 Affidavit of Compliance
David Johnson Jr.
1359 Boylan Ave #B
Exterior Surfaces - Harris
5.13 Case 202-17 Affidavit of Compliance
N S J Enzoprizes LLC
1379 Boylan Ave.
Parking Lot Surfaces - Harris
5.14 Case 203-17 Affidavit of Compliance
N S J Enzoprizes LLC
1381 Boylan Ave.
Parking Lot Surfaces - Harris
5.15 Case 196-17 Affidavit of Non-Compliance
Bassett, William L Trust
Bassett, Margaret J Trust
301 Baker Ave.,
Exterior Surfaces/Abandoned Bldg - Knight
5.16 Case 01-18 Affidavit of Non-Compliance
Sergey & Ludmila Tkachev
1329 Drew St 1
Exterior Surfaces/Door &Window Openings — Fletcher
5.17 Case 02-18 Affidavit of Non-Compliance
Joseph Ramos & Maria Lakomiec-Ramos
1329 Drew St 3
Door &Window Openings— Fletcher
5.18 Case 03-18 Affidavit of Non-Compliance
Drew Garden Apartments Unit 11 Inc
1329 Drew St 6
Exterior Surfaces — Fletcher
Code Enforcement 2018-03-28 11
5.19 Case 04-18 Affidavit of Non-Compliance
Urszula & Jerzy Galecki
1329 Drew St 9
Exterior Surfaces/Door &Window Openings — Fletcher
5.20 Case 05-18 Affidavit of Non-Compliance
Marijka Povoroznyk
1329 Drew St 12
Exterior Surfaces — Fletcher
5.21 Case 06-18 Affidavit of Non-Compliance
Drew Garden Apartments Un II Inc
1329 Drew St 16
Exterior Surfaces/Door &Window Openings — Fletcher
5.22 Case 25-18 Affidavit of Non-Compliance
1465 Laura Street Trust
Redstone Capital LLC Tre
1465 Laura St.
Parking Lot Surfaces — Fletcher
Member Johnson moved to accept the Affidavit of Compliance for Cases 24-10, 106-15, 16-16,
81-16, 20-17, 152-17, 181-17, 183-17, 186-17, 196-17, 198-17, 201-17, 202-17 and 203-17 and
to accept the Affidavit of Non-Compliance and issue the Order imposing fines for Cases 196-17,
01-18, 02-18, 03-18, 04-18, 05-18, 06-18 and 25-18. The motion was duly seconded and carried
unanimously.
6. NEW BUSINESS
6.1 Case 145-17 Request to Stop Lien Accrual
Pelican Walk Plaza Investors LLC
483 Mandalay Ave.
Signage/Temporary Signs— Knight
Attorney Smith said the City made this request to pursue alternative enforcement actions to
rectify the violations. The lien amount would not change. Inspector Daniel Knight said since the
Board issued its order to correct signage violations, the number of signs had tripled.
Attorney Smith submitted composite exhibits.
Member Prast moved to stop the lien accrual for Case 145-17. The motion was duly seconded
and carried unanimously.
The Municipal Code Enforcement Board considered the request to stop further accrual of a lien
at a hearing held on March 28, 2018, and based upon the evidence presented, enters the
following Findings of Fact, Conclusions of Law, and Order.
After considering the request to stop the further accrual of a lien, it is evident that stopping the
lien from accruing further is appropriate and in the best interest of the Petitioner and the
Respondent in the above-referenced case.
Code Enforcement 2018-03-28 12
It is the Order of this Board that the lien previously imposed in the Order of the Board dated
December 20, 2017, as recorded in O.R. Book 19896, Pages 2593 - 2597 of the public records
of Pinellas County, Florida, is hereby stopped from accruing further.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
6.2 Case 141-17 Request to Stop Lien Accrual -Withdrawn
Calvin Lee Ladd
1246 Idlewild Dr.
Exterior Surfaces/Exterior Storage —Stewart
Case 141-17 was withdrawn.
6.3 Case 105-17 Request for Lien Reduction
McManus, Paula Hall Trust
3233 Beaver Dr.
Exterior Surfaces/Roof Maintenance— Brown
Attorney Bruce Harlan said the property owner had been too poor and sick to maintain the
house and the bank foreclosed on it in October 2017 while the owner was incapacitated in a
nursing home. He said the property was sold; the purchaser rehabbed the house and made
improvements.
Inspector Shelby Brown said the City supported the request. April 11, 2017 and February 21,
2018 property photographs showed the property in a rundown condition and with new grass and
a freshly painted house.
Attorney for the Board Andy Salzman said administration costs totaled $1,730.20. The lien total
was $54,000.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order reducing the fine for Case 105-17 to administration
costs of$1,730.20 payable within 30 days or the lien will revert to its original amount. The
motion was duly seconded and carried unanimously.
The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a
hearing held on March 28, 2018, 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
September 27, 2017, as recorded in O.R. Book 19800, Pages 1595— 1600 of the public records
of Pinellas County, Florida, is hereby reduced to administration costs of$1,730.20 payable to
the Petitioner by April 27, 2018. If the reduced lien amount is not paid within the time specified
in this Order, a lien in the original amount of$54,000.00 shall be recorded in the public records
of Pinellas County, Florida.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
Code Enforcement 2018-03-28 13
6.4 Case 16-16 Request for Lien Reduction
Remzi Dalip
2135 Burnice Dr.
Exterior Storage— Cantrell
Inspector Jason Cantrell said the property was in compliance. December 29, 2015 and March 2,
2018 photographs showed the property with outdoor storage and after it was removed.
Attorney Salzman said administration costs totaled $1,261.20. The lien total was $107,550.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order reducing the fine for Case 16-16 to administration costs
of$1,261.20 payable within 30 days or the lien will revert to its original amount. The motion was
duly seconded and carried unanimously.
The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a
hearing held on March 28, 2018, and based upon the evidence presented, enters the following
Findings of Fact, Conclusions of Law, and Order.
After considering the request for reduction of the lien and considering that the property is now in
compliance, it is evident that a reduction in the amount of the lien is appropriate in the above-
referenced case.
It is the Order of this Board that the lien previously imposed in the Order of the Board dated
April 27, 2016, as recorded in O.R. Book 19191, Pages 1391 — 1394 of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,261.20 payable to the
Petitioner by April 27, 2018. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of$107,550.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
6.5 Case 109-16 Request for Lien Reduction
Ida E. Ellis
1428 Barbara Ave.
Ext. Surfaces/Door &Window Openings/Roof Maint./Aband. Bldg. — Knight
Allison Casey, representing the property owner, requested a reduction in the lien to
administration costs.
Inspector Daniel Knight said the property was in compliance.
Attorney Salzman said administration costs totaled $1,3781.75. The lien total was $20,250.
Attorney Smith submitted composite exhibits.
Member Engel moved to enter an order reducing the fine for Case 109-16 to administration
costs of$1,3781.75 payable within 30 days or the lien will revert to its original amount. The
motion was duly seconded and carried unanimously.
Code Enforcement 2018-03-28 14
The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a
hearing held on March 28, 2018, 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
January 25, 2017, as recorded in O.R. Book 19512, Pages 367— 370 of the public records of
Pinellas County, Florida, is hereby reduced to administration costs of$1,378.75 payable to the
Petitioner by April 27, 2018. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of$20,250.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
6.6 Case 56-12 Request for Lien Reduction Payment Extension
Timothy & Janice Amburgy
2813 Long View Dr.
Door &Window Openings— Fletcher
Katie Shoultz, with Keller Williams, said the property's short sale had been delayed. She
requested an extension to the deadline to pay the lien reduction amounts for Cases 56-12 and
52-16.
Attorney Smith said payments for the Board-approved reductions of the liens to administration
costs were due February 23, 2018. The closing was scheduled Friday. He submitted composite
exhibits.
Member Mannino moved to extend the lien reduction payment due date for Case 56-12 to April
15, 2018. The motion was duly seconded and carried unanimously.
The Municipal Code Enforcement Board considered the request to extend the reduced lien
amount payment due date at a hearing held on March 28, 2018 for the reduced lien amount
approved at a hearing held on January 24, 2018, and based upon the evidence presented,
enters the following Findings of Fact, Conclusions of Law, and Order.
After considering the request to extend the reduced lien amount payment due date and that the
closing date of the property sale was delayed, it is evident that extension of the due date for the
reduced lien amount payment is appropriate in the above-referenced case.
It is the Order of this Board that the February 23, 2018 due date for payment of the reduced lien
amount previously imposed in the Order of the Board dated January 24, 2018, be extended to
April 15, 2018. If the reduced lien amount is not paid by April 15, 2018, a lien in the original
amount of$206,550.00 shall be recorded in the public records of Pinellas County, Florida.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
Code Enforcement 2018-03-28 15
6.7 Case 52 -16 Request for Lien Reduction Payment Extension
Timothy & Janice Amburgy
2813 Long View Dr.
Abandoned Bldg /Exterior Surfaces - Harris
Attorney Smith submitted composite exhibits.
Member Mannino moved to extend the lien reduction payment due date for Case 52 -16 to April
15, 2018. The motion was duly seconded and carried unanimously.
The Municipal Code Enforcement Board considered the request to extend the reduced lien
amount payment due date at a hearing held on March 28, 2018 for the reduced lien amount
approved at a hearing held on January 24, 2018, and based upon the evidence presented,
enters the following Findings of Fact, Conclusions of Law, and Order.
After considering the request to extend the reduced lien amount payment due date and that the
closing date of the property sale was delayed, it is evident that extension of the due date for the
reduced lien amount payment is appropriate in the above - referenced case.
It is the Order of this Board that the February 23, 2018 due date for payment of the reduced lien
amount previously imposed in the Order of the Board dated January 24, 2018, be extended to
April 15, 2018. If the reduced lien amount is not paid by April 15, 2018, a lien in the original
amount of. If the reduced lien amount is not paid within the time specified in this Order, a lien in
the original amount of $33,500.00 shall be recorded in the public records of Pinellas County,
Florida.
DONE AND ORDERED this 28th day of March 2018, at Clearwater, Pinellas County, Florida.
7. NUISANCE ABATEMENT LIEN FILINGS:
GARY PERKINS
1505 LAURA ST
14- 29 -15- 18954- 007 -0020
PNU2018 -00043
$220.00
Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 2:15 p.m.
Attest:
Chair, Municipal Code Enforcement Boar
Secretary to the Boa
Code Enforcement 2018 -03 -28
SIISHEU�
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