04/25/2018 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 25, 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 March 28, 2018 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Prast moved to approve minutes of the March 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 45-18 —Cont'd from March 28, 2018, Cont. to May 23, 2018
First Baptist Church of Clearwater Inc.
3014 Carolina Ave.
Exterior Surfaces/Door &Window/Abandoned Building — Cantrell
Case 45-18 was continued automatically to May 23, 2018.
4.2 Case 46-18 - Cont'd from March 28, 2018, Cont. to May 23, 2018
First Baptist Church of Clearwater Inc.
3016 Carolina Ave.
Exterior Surfaces/Abandoned Building/Roof Maintenance —Cantrell
Case 46-18 was continued automatically to May 23, 2018.
Code Enforcement 2018-04-25 1
4.3 Case 47-18 - Cont'd from March 28, 2018
Rustlewood Condo Assn Inc.
2650 Countryside Blvd. Common Area
Landscaping — Harris
No one was present to represent the Respondent.
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 Christin Harris presented property photographs of the wall landscaping violation at
2650 Countryside Blvd. Common Area. February 27, March 16, and April 23, 2018 photographs
showed no landscaping to the left of the Countryside Blvd. entrance between the new wall and
sidewalk. Condo residents complained to the City. Without a board, condo residents could not
vote on anything. The condo's attorney was granted several extensions. She recommended
compliance by May 25, 2018 or a fine of$200 per day be imposed.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Johnson moved to enter an order requiring the Respondent to correct the violation on
or before May 25, 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 April 25,
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: Wall
Landscaping. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1501.H.1, 3-
1501.H.2, 3-1502.H.3, & 3-804.C, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall complete any and all landscaping and
ground cover requirements for newly installed concrete wall as listed on building construction
permit to include a 3-foot wide landscaped strip on the right-of-way side of the wall. All
landscape materials should be maintained in a healthy live condition, present a neat and
attractive appearance, and discourage the accumulation of trash, debris and/or pest infestation
to comply with said Section(s) of the Code by the deadline, May 25, 2018. The fine is $200.00
per day for each and every day the violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector 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
Code Enforcement 2018-04-25 2
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.4 Case 48-18 - Cont'd from March 28, 2018
Antonio A De La Cruz
Greg P De La Cruz
900 S Highland Ave.
Residential Rental BTR— Harris
No one was present to represent the Respondent.
Inspector Christin Harris said compliance had been met and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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
Residential Rental BTR (Business Tax Receipt) 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
Code Enforcement 2018-04-25 3
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-2302 & 3-2303
as referred to in the Affidavit in this case.
ORDER
It is the Order of 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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.5 Case 51-18
Ralph Dobroski
1323 Milton Street
Residential Rental BTR - Harris
No one was present to represent the Respondent.
Inspector Christin Harris said compliance had been met and requested a declaration of
violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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
Residential Rental BTR (Business Tax Receipt) existed; however, it is further evident this/these
Code Enforcement 2018-04-25 4
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) 3-2302 & 3-2303
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.6 Case 52-18
Edward & Margaret Connor
1376 Browning Street
Exterior Storage— Harris
Property Owner Edward Connor III said a neighbor had completed 95% of a fishing boat in his
front yard and a few pieces of lumber were lying around. He 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 Christin Harris presented property photographs of the exterior storage violation at
1376 Browning Street: 1) January 17, 2018 - upside down wooden boat, tools, and wood in front
yard and 2)April 12, 2018 - boat and behind it, wood stacked against the house. A neighbor
complained the boat was there a long time. She recommended compliance by May 9, 2018 or a
fine of$150 per day be imposed.
Mr. Connor said he had recent health problems requiring multiple hospitalizations. He said the
wood was gone and he had tried to get the owner to remove the boat for the last 6 months.
Attorney Smith submitted composite exhibits.
Code Enforcement 2018-04-25 5
Member Mannino moved to enter an order requiring the Respondent to correct the violation on
or before May 25, 2018. 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 April 25,
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: exterior
storage The Respondent(s) was/were present
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.G.2 & 3-
1502.G.3, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove any discarded or unused
[construction] materials, interior furnishings, automobile supplies, equipment, or other items not
intended for outdoor use from the property and maintain on a regular basis to comply with said
Section(s) of the Code by the deadline, May 25, 2018. 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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
Code Enforcement 2018-04-25 6
4.7 Case 53-18
Lanter, Gail M Trust
2750 Edenwood Street
Exterior Storage/Public Nuisance Inoperative Vehicle— Brown
No one was present to represent the Respondent.
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 Shelby Brown presented property photographs of the 2 violations at 2750 Edenwood
Street for exterior storage and public nuisance/inoperative vehicle: 1) October 24, 2017 - indoor
couch on front porch and numerous items in front yard and driveway including fencing, bicycles,
inoperative vehicle, etc.; 2) December 27, 2017 - most outdoor storage removed; 3) March 2,
2018 - outdoor storage, including 2 vehicles, in back yard; and 4)April 14, 2018 -front yard
cleared of items but backyard exterior items remained. The residents said they needed several
more weeks to clear the backyard. She recommended compliance by May 10, 2018 or a fine of
$150 per day per violation be imposed.
Attorney Smith submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent to correct the violations on
or before May 10, 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 April 25,
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: exterior
storage and public nuisance/inoperative vehicle. The Respondent was not present and had no
representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.G.1, 3-
1502.G.2, 3-1503.113.1, & 3-1503.113.6, 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: clear exterior of
property of any items not intended for outdoor use, including discarded or unused materials/
equipment, interior furnishings, tarps, automobile supplies, old lumber, etc., and keep the
property clear, including the front, side, and rear yards and 2) Public Nuisance/Inoperative
Vehicle: remove the two inoperative vehicles from the rear yard or any other outdoor portion of
the property, as well as any inoperative bicycles or scrap metal to comply with said Section(s) of
Code Enforcement 2018-04-25 7
the Code by the deadline, May 10, 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 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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.8 Case 54-18
Beal, Carl Est.
1849 Diane Drive
Exterior Surfaces — Brown
No one was present to represent the Respondent.
Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Shelby Brown recommended compliance by May 25, 2018 or a fine of$150 per day
be imposed. She had no contact with the property owner. She presented March 1, 2018
property photographs of the exterior surfaces violation at 1849 Diane Drive which showed
significant mildew and peeling, failing paint on exterior surfaces. The house was not occupied.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before May 25, 2018. 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 April 25,
2018, after due notice to the Respondent(s), and having heard testimony under oath and
Code Enforcement 2018-04-25 8
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.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.13, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall have any damaged/deteriorated
structural & decorative elements repaired and/or replaced in a workmanlike manner (stucco,
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, May 25,
2018. The fine is $150.00 per day for each and every day the violation continues past the date
set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Shelby Brown, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of
the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105
requires any party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.9 Case 55-18
Glenn Pargament
821 Jeffords Street
Residential Rental BTR— Fletcher
Code Enforcement 2018-04-25 9
Joe Dougherty, representing the property owner, denied the violation.
Inspector Vicki Fletcher provided a PowerPoint presentation. She said compliance had been
met and requested a declaration of violation. A notice of violation was issued on January 25,
2018, following inspection after an online complaint. The violation at 821 Jeffords Street was for
a residential rental BTR (Business Tax Receipt). The property was in compliance on April 2,
2018 when the BTR was paid.
Attorney for the Board Andy Salzman said the property was in violation if the BTR was not paid.
Mr. Dougherty said Glenn Pargament, a New York resident, purchased the property last year
and worked with the State of Florida to obtain a license. He said the City returned Mr.
Pargament's check for the BTR in January because he did not have the license yet. He said Mr.
Pargament paid for the BTR once he received the State license.
In response to a concern that Mr. Pargament's BTR application may have been timely,
Inspector Fletcher said an owner of properties with 5 or more units was required to submit a
State license with the BTR application. Mr. Pargament rented the apartments since purchasing
the property in May 2017 and did not submit a BTR application until the notice of violation was
issued.
Mr. Dougherty said Mr. Pargament tried to set up a LLC since he purchased the property; he did
not try to violate Code.
It was suggested that Mr. Pargament should have obtained a LLC before purchasing an
ongoing business.
Attorney Smith said the property's ownership was transferred to the LLC in March. He submitted
composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition(s) related to Residential
Rental BTR (Business Tax Receipt) 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) 3-2302 & 3-
2303, as referred to in the Affidavit in this case.
Code Enforcement 2018-04-25 10
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.10 Case 56-18
Valdoston Shealey
Larry Shealey
1149 Woodlawn Street
Exterior Surfaces/ Lot Clearing — Fletcher
No one was present to represent the Respondent.
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 Vicki Fletcher recommended compliance by May 23, 2018 or a fine of$150 per day
per violation be imposed. She presented January 11 & March 7, 2018 property photographs of
the 2 violations at 1149 Woodlawn Street for exterior surfaces and lot clearing which showed
mildew, rotted wood, and peeling paint on exterior surfaces and an accumulation of debris piled
by the front and side of the house. She spoke with the owner at City offices several months
previously. The house was not rented.
Attorney Smith submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations
on or before May 23, 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 April 25,
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:
Code Enforcement 2018-04-25 11
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior
surfaces and lot clearing and debris including sidewalks and public right-of-way. The
Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.13, 3-
1502.K.1, 3-1503.13.7, & 3-1503.13.8, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Exterior Surfaces: pressure wash
and/or paint entire exterior structure so it is free of mildew, rust, loose materials including
patching and peeling paint and replace, remove, or repair all rotted wood and 2) Lot Clearing
and Debris: remove all trash and debris from the entire property and cut and maintain the
overgrowth and weeds to comply with said Section(s) of the Code by the deadline, May 23,
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.11 Case 57-18 —Continue to May 23, 2018
G K N Properties
1905 N Hercules Avenue
Signage without Permits— Knight
Case 57-18 was continued automatically to May 23, 2018.
Code Enforcement 2018-04-25 12
4.12 Case 58-18
William Jarmolych
1935 Drew Street
Sign Maintenance— Knight
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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.
Code Enforcement 2018-04-25 13
DONE AND ORDERED this 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.13 Case 59-18
Mai Property LLC
Khadija Surani
1327 N. Highland Avenue
Sign Maintenance/Prohibited Signage/Signage without Permits— Knight
Asim Surani representing his mother, the property owner, admitted to the violations.
Inspector Daniel Knight said compliance had been met and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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 3 condition(s) related to sign
maintenance, prohibited signage, and sign erected without a permit 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) 3-1502.1, 3-
1805.Q.2, 3-1804, 3-1804.A, 3-1807.113.3.a, &4-1002 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.
Code Enforcement 2018-04-25 14
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.14 Case 60-18
Myers Jon D Rev Liv Trust
Myers Jon D Tre
1901 Gilbert Street
Commercial Vehicle in Residential Zoning District/Exterior Storage/Residential Grass
Parking/Landscaping/Fence - Stewart
Attorney Andra Dreyfus, representing the property owner, said she had been in contact with
Code Compliance. She denied the violations.
Inspector Allie Stewart provided a PowerPoint presentation. Notices of violation were issued on
January 16, 2018, following inspection. The 5 violations at 1901 Gilbert Street: 1) exterior
storage; 2) home occupation vehicle parking, commercial vehicles in residential zoning district
parked between principal structure & street right-of-way, & commercial parking restrictions; 3)
residential grass parking; 4) landscape cover and maintenance; and 5) fence standards &
maintenance. Between 2007 and 2018, Code Enforcement opened multiple cases for violations
at this property re roofing business operation at residential home. She spoke with the property
owner.
2018 residential property photographs showed: 1) January 8 -work vehicles ingress/egress
from backyard, hauling trailer filled with work materials, pickup truck with "John Myers Roofing"
magnetic sign, and commercial truck in backyard; 3) February 2 - several vehicles parked on
grass; 3) March 7 - vehicles parked on grass, workers and at least 4 trucks in backyard, tire
tracks on dirt in front yard and right-of-way; 4) March 8 - leaning wooden fence and in the
backyard, large and small hauling trailers, a vehicle, wood scaffolding, construction materials,
and equipment; 5) April 7 - open front gate, hauling trailer, work truck, and RV in backyard and
non-permitted pavers across right-of-way and part of front yard guiding vehicles across the
sidewalk; 6)April 12 - construction materials and hauling trailer in backyard, tire tracks on bare
dirt in front yard leading to gate centered between the two houses, and behind new vinyl fencing
taller than permitted, a partial wall; 7) April 19 -front of subject property and house to left
recently purchased by property owner Jon Myers; and 8)April 23 -fence lowered, gates too
high, tire ruts across front yard and right-of-way grass, commercial vehicle and pickup truck with
hauling trailers in front yard.
Inspector Stewart provided screen shots of Mr. Myers' signed home occupation business BTR
application affirming rules prohibiting onsite employees, vehicles, and construction materials.
Front pavers were removed. Several extensions were granted. New vinyl fencing connected
both houses. Mr. Myers would not allow her to photograph the property's rear.
Attorney Dreyfus said the new fence and gate were fully fixed. She said Mr. Myers had to use
his business vehicles to remove all of the debris; no trucks were on the property. She said Mr.
Myers was operating only a home occupation business at this location with no roofing materials,
equipment, or vehicles onsite. She said significant work was done restoring and planting the
backyard. She expressed concern that workers renovating the rental house next door may
Code Enforcement 2018-04-25 15
damage the yard. She said the City would be contacted for inspection when work was
completed and she would meet Code Compliance Manager Terry Teunis onsite. She said Mr.
Myers did not intend to repeat the violations.
In response to Attorney Dreyfus' photograph, it was commented the gate remained too high and
the RV in the backyard needed to be parked on a legal pad. Concerns were expressed that Mr.
Myers had not provided Inspector Stewart access to the backyard and had gotten away with
operating a business in a residential area for 10 years.
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 Stewart recommended compliance by May 9, 2018 or a fine of$250 per day per
violation be imposed.
Attorney Dreyfus requested 45 days to plant grass. She said the debris and trucks had been
removed.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violations for 1)
home occupation vehicle parking, commercial vehicles in residential zoning district parked
between principal structure & street right-of-way, & commercial parking restrictions; 2) exterior
storage; 3) residential grass parking; and 4) fence standards & maintenance on or before May
9, 2018 and to correct the violation for 5) landscape cover and maintenance on or before June
9, 2018. If the Respondent does not comply within the times specified, the Board may order a
fine of$250 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 April 25,
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 5 violations exist: home
occupation vehicles and commercial vehicles in residential zoning district, exterior storage,
fences, residential grass parking, and landscape cover and maintenance. A representative of
the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1102.7, 3-
1407.A.2.e, 3-1407.A.4.a, 3-1407.A.7, 3-1408, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-
1503.B.6, 3-1403.113.1, 3-1407.A.5, 3-1407.A.7, 3-1204.113, 3-1502.H.2, 3-1502.H.3, 3-801, 3-
808.A.2, 3-808.A.5, & 3-808.A.6, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Home Occupation Vehicles &
Commercial Vehicles in a residentially zoned district: remove ALL hauling trailers, trucks and
Code Enforcement 2018-04-25 16
vans for the business, and all commercial vehicles from the entire property and store them
permanently at an off-site location; 2) Exterior Storage: remove all items stored outside and
behind the fence, including but are not limited to scaffolding, metal, wood, roofing materials, 5-
gallon buckets, plastic containers, plastic tarps, tires, roofing business equipment, and any other
items not intended to be stored outside; 3) Fence: lower vinyl fence and gate to 6 feet as
required by permit; and 4) Grass Parking: remove all vehicles from the grass in the front, side,
and back yards and only use the one legal grass parking space that is parallel and adjacent to
the driveway to comply with said Section(s) of the Code by the deadline, May 9, 2018 and 5)
Landscape Cover & Maintenance: cover entire front, side, and back yards and the city right-of-
way with living ground cover which is non-existent and only dirt in many areas due to vehicles
regularly driving over the yard, damaging landscaping where living ground cover should be.
Living ground cover must be maintained after installation in all areas to comply with said
Section(s) of the Code by the deadline, June 9, 2018. The fine is $250.00 per day per violation
for each and every day each violation continues past the dates set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Allie Stewart, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of
the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105
requires any party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.15 Case 61-18
Jose & Josefina Rodriguez
600 '/2 Vine Avenue
Roof Maintenance/Exterior Surfaces/Exterior Storage —Stewart
Victor Pineiro, nephew of the property owner, admitted to the violations. He said a permit would
be pulled within 14 days to demolish the structure which would be completed by late summer.
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.
Code Enforcement 2018-04-25 17
Inspector Allie Stewart recommended compliance by May 25, 2018 or a fine of$150 per day per
violation be imposed. She had not been advised of plans to raze the structure, which was
starting to collapse. She presented property photographs of the 3 violations at 600 '/2 Vine
Avenue for roof maintenance, exterior surfaces, and exterior storage: 1) December 1, 2017 -
exterior storage and house starting to sink into the ground and 2)April 13, 2018—sinking
windows, exterior storage under carport, and roof damage. The house was not occupied.
Mr. Pineiro said he and his friends needed time to demolish the structure. He said the electric
company had disconnected the building and they were waiting for Clearwater Gas to disconnect
the natural gas.
Attorney Smith submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent to correct the violations on or
before May 25, 2018 and/or obtain a permit to raze the structure on or before May 25, 2018 and
complete demolition of the structure or before August 31, 2018. If the Respondent does not comply
within the times 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 April 25,
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: roof
maintenance, exterior surfaces, and exterior storage. A representative of the Respondent(s)
was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.D.1, 3-
1502.D.3, 3-1502.113, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, & 3-1503.113.6, as referred to in the
Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Outdoor Storage: remove all items not
intended to be stored outside, including all items underneath the covered carport area and
around the house; 2) Roof Maintenance: remove, replace, or repair the roof in a safe, secure,
and water-tight condition; 3) Exterior Surfaces: house is starting to collapse. Windows, siding,
area above front door, fascia and soffits require repair or replacement, and exterior surfaces
must be free of mildew; rust; loose material including peeling paint and patching to comply with
said Section(s) of the Code by the deadline May 25, 2018 AND/OR obtain a demolition permit by
the deadline May 25, 2018 and complete demolition and cleanup of the property by the deadline
August 31, 2018 to comply with said Section(s) of the Code. The fine is $150.00 per day per
violation for each and every day each violation continues past the dates 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
Code Enforcement 2018-04-25 18
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.16 Case 62-18
Kenneth & Barbara Husuliak
1705 Apache Trail
Landscape Cover - Stewart
Property owner Barbara Husuliak said the ground cover was not living. She denied the violation.
Inspector Allie Stewart provided a PowerPoint presentation. On November 8, 2017, she told Ms.
Husuliak the rocks needed to be replaced with living landscaping. A notice of violation was
issued on January 18, 2018, following inspection. She presented property photographs of the
landscape cover violation at 1705 Apache Trail: 1) November 8, 2017 - rocks and bricks
covering right-of-way and front and side yard of apartment building; 2) March 1 and April 19,
2018 - rocks and bricks covering right-of-way and yards, vehicle parked in front yard, and
cinderblocks and timbers on right-of-way.
Ms. Husuliak said rocks and bricks covered the yard when they purchased the property in 1997.
She said they added plants in 2017 and unsuccessfully tried to plant xeriscaping among the
rocks which were necessary to prevent washouts of the sand and dirt underneath. She said
cinderblocks and timbers were installed to stop tenants from parking on the right-of-way; tenants
had always parked on the right-of-way and it was never an issue previously. She said the
structure was built in 1918 and the property did not have irrigation or reclaimed water. She said
rocks were an easier ground cover, stopping dirt from washing onto the sidewalks and road,
allowing water to percolate, and minimizing rainwater flowing down the slope to the triplexes in
the rear. She said the City had told her she needed a permit to remove the rocks.
Inspector Stewart said she had advised Ms. Husuliak to contact the Engineering Department re
types of landscaping permitted in rights-of-way; the notice of violation included an approved list.
The rocks could be removed without permit.
Ms. Husuliak said the soil would wash away if the rocks were removed. She said she was not
sure how to address City requirements as the rocks had been there a long time.
Code Enforcement 2018-04-25 19
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 Stewart recommended compliance by May 25, 2018 or a fine of$150 per day be
imposed. In response to a question, she said the property did not qualify to be grandfathered.
She reviewed Pinellas County Property Appraiser's website information; since the Husuliak's
1997 purchase of the property, the ownership name was changed several times.
Ms. Husuliak said that was not the case. She requested an extension to July 25, 2018.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before July 25, 2018. 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 April 25,
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:
landscape cover and maintenance. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1204.113, 3-
1502.H.1, 3-1502.H.2, 3-1502.H.3, 3-1502.H.4, & 3-1502.K.1, as referred to in the Affidavit in
this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove all mulch and rocks laid down
for ground cover on the property, replace the rocks and mulch with living ground cover and keep
it maintained, use mulch only as allowed around plants, use rocks only where wash outs occur,
and all parking areas require appropriate ground cover such as asphalt, pavers, or concrete and
may require a permit to comply with said Section(s) of the Code by the deadline, July 25, 2018.
The fine is $150.00 per day for each day the violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Allie Stewart, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
Code Enforcement 2018-04-25 20
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.17 Case 63-18
Christopher& Jennifer Tate
217 N. Saturn Avenue
Parking Lot Surfaces - Stewart
Property owner Jennifer Tate admitted to the violation.
Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as
referred to in the affidavit in this case. The motion was duly seconded and carried unanimously.
Inspector Allie Stewart recommended compliance by May 25, 2018 or a fine of$150 per day be
imposed. January 10, February 16, and March 7, 2018 property photographs of 217 N. Saturn
Avenue showed deteriorated, cracked, and heaved parking lot surfaces.
Ms. Tate showed her contract with Birges to remove and replace the old driveway. She
requested an extension as the company could not start work until May 29, 2018.
Attorney Smith submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to correct the violation on or
before June 25, 2018. 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 April 25,
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: parking
lot surfaces. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1403.A & 3-
1502.K.4, as referred to in the Affidavit in this case.
Code Enforcement 2018-04-25 21
ORDER
It is the Order of the Board that the Respondent(s) shall repave the cracked and heaved
driveway with all-weather paving material graded to drain storm water to comply with said
Section(s) of the Code by the deadline, June 25, 2018. 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 Allie Stewart, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of
the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105
requires any party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.18 Case 64-18
Ron A. White
221 N. Saturn Avenue
Exterior Surfaces - Stewart
No one was present to represent the Respondent.
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 AIIie Stewart recommended compliance by May 25, 2018 or a fine of$150 per day be
imposed. January 10 and March 16, 2018 property photographs of 221 N. Saturn Avenue
showed significant mildew, rotted wood, and missing siding on exterior surfaces. She had not
spoken with the property owner.
Attorney Smith submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent to correct the violation on
or before May 25, 2018. If the Respondent does not comply within the time specified, the Board
Code Enforcement 2018-04-25 22
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 April 25,
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: exterior
surfaces. The Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.113, as
referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall repair all areas on the duplex's exterior
where stucco is missing, replace all rotted wood on the fascia, soffits, and building exterior, and
repaint the duplex to be neat and uniform in appearance to comply with said Section(s) of the
Code by the deadline, May 25, 2018. 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 Allie Stewart, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of
the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement Board. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a record of the Board's
proceedings.
DONE AND ORDERED this 25th day of April 2018, at Clearwater, Pinellas County, Florida.
Code Enforcement 2018-04-25 23
4.19 Case 65-18
East Shore International Enterprises LLC
409 East Shore Drive
Docks & Seawalls/Prohibited Mooring of Derelict Vessels — Devol
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 Diane Devol said derelict vessels were moored to the dock in serious disrepair.
Rick Martz said a vagrant had assembled floating debris by the damaged dock and attached 4
stinky unregistered junk and abandoned vessels to it. He said the vagrant used the unsafe
vessels without toilets or services for nightly and weekly rentals and ran loud generators for
power. He said while the vagrant did not pay rent, he paid dock fees to East Shore for his
registered, seaworthy boat. He said hurricane damage to the collapsing dock had not repaired.
He said the derelict vessels jeopardized his boat.
Inspector Devol provided a PowerPoint presentation. Notices of violation were issued on
October 20 and November 21, 2017, following inspection. The 2 violations at 409 East Shore
Drive related to repairs of existing docks and seawalls and prohibited mooring of derelict
vessels. Property photographs showed: 1) October 5 and November 7, 2017 and April 13, 2018
- collapsing dock with lumber dropping into the water, creating a boating hazard; 2) November
7, 2017 and March 20, 2018 - partially submerged vessel tied to dock; and 3)April 9 and 13,
2018 - derelict sailboat tied to dock and bumping over submerged portion of other vessel.
Neither vessel was registered.
Inspector Devol said Mr. Matz paid dock fees for his registered boat. She said each derelict
vessel costs up to $7,000 to remove. The salvage company was threatened with maritime law
violation and would not touch them. She was in constant contact with the property owner who
did not comply as promised. She recommended compliance by May 9, 2018 or a fine of$250
per day per violation be imposed.
Attorney Smith said a repeat violation required repetition of the same violation; the property
previously was cited for parking vehicles. He submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent to correct the violations
on or before May 9, 2018. If the Respondent does not comply within the time specified, the
Board may order a fine of$250 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 April 25,
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
Code Enforcement 2018-04-25 24
Based upon the testimony and evidence received, it is evident that 2 violations exist:
dilapidated dock and prohibited moorings. The Respondent was not present and had no
representation.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of Sections 3-601.D.1, 3-601.D.2 of the Clearwater City
Community Development Code and Sections 33.055(2) & 33.055(7) of the Clearwater Code of
Ordinances, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Dilapidated Dock: obtain proper
permits and remove and replace all rotten wood on all areas of the dock or remove the entire
dock including pylons and 2) Mooring of Derelict Vessels: make all vessels moored to the dock
operational, seaworthy, and properly registered or have a marine salvage company remove all
derelict vessels to comply with said Section(s) of the Code by the deadline May 9, 2018. The
fine is $250.00 per day per violation for each and every day each violation continues past the
date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s) shall notify
Inspector Diane Devol, who shall inspect the property and notify the Board of compliance. If
the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant
to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by
commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the
Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of
the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105
requires any party appealing a decision of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.20 Case 66-18 —Continue to May 23, 2018
Fishermans Wharf of Clearwater Inc.
551 Gulf Blvd.
Exterior Surfaces/Door &Window Openings/Roof Maintenance/Lot Clearing/Abandoned
Building/Fences &Walls - Devol
Case 66-18 was continued automatically to May 23, 2018.
Code Enforcement 2018-04-25 25
4.21 Case 67-18
Jose Luis Jahuey Quezada
Veronica Lopez Trejo
501 N. Saturn Avenue
Hauling Trailer - Devol
No one was present to represent the Respondent.
Inspector Diane Devol said compliance had been met and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition(s) related to a Hauling
Trailer 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.c, 3-
1407.A.3.c, & 3-1407.A.7, 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
Code Enforcement 2018-04-25 26
286.0105 requires any party appealing a decision of this Board to have a record of the
proceedings.
DONE AND ORDERED this 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.22 Case 68-18
Mats Jansson
146 Bayside Drive
Short-Term Rental — Phillips
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition(s) related to Short-
Term Rental 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) 1-104.113 & 3-
919, as referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). If the
Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may
order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
hearing involved an error on a ruling of law which was fundamental to the Board's decision. The
written request for rehearing shall specify the precise reasons therefor. Upon receipt of a
request for rehearing, the Board shall determine whether or not to rehear the matter; the Board
will not hear oral argument or evidence when making this decision.
Code Enforcement 2018-04-25 27
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.23 Case 69-18
Lee Millsap
Prudence Tweedie
612 S. Hillcrest Avenue
Short-Term Rental - Phillips
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to
today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition(s) related to Short-
Term Rental 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) 1-104.113 & 3-919
as referred to in the Affidavit in this case.
ORDER
It is the Order of this Board that no fine will be imposed against the Respondent(s). If the
Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may
order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues.
The Respondent may request a rehearing of the decision of the Board, in writing, and delivered
to the City Clerk within 10 days of the postmark of the written order. A request for rehearing
shall be based only on the ground that the decision was contrary to the evidence or that the
Code Enforcement 2018-04-25 28
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.24 Case 70-18
Robert Lopez
Louis Lopez
507 N. Mars Avenue
Canvas Carport - Phillips
Property owner Robert Lopez admitted to the violations.
Inspector Julie Phillips said compliance had been met and requested a declaration of violation.
Mr. Lopez owned 16 properties and feared repeat violations.
Mr. Lopez expressed concern a tenant could erect a canvas carport without his knowledge. It
was recommended his rental agreements include a requirement to comply with Code.
Attorney Smith submitted composite exhibits.
Member Johnson moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to today's
hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition(s) related to a Canvas
Carport existed; however, it is further evident this/these condition(s) was/were corrected prior to
this hearing. The Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113, 3-
1502.G.2, 3-1502.G.3, & 3-203.E, as referred to in the Affidavit in this case.
ORDER
Code Enforcement 2018-04-25 29
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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
4.25 Case 71-18
Robert Lopez
Robert A. Lopez
1756 Ridgewood Street
Exterior Surfaces/Exterior Storage/Residential Grass Parking — Phillips
Property owner Robert Lopez said he had done everything required to comply with Code but
Inspector Phillips drove by when a tenant parked on the grass again.
Inspector Julie Phillips said compliance had been met and requested a declaration of violation.
Attorney Smith submitted composite exhibits.
Member Johnson moved to find the Respondent(s) was/were in violation of the City of Clearwater
Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to today's
hearing, and to enter an order that no fine be imposed against the Respondent(s). If the
Respondent(s) repeat(s) 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 April 25,
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 as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the condition(s) related to Exterior
Surfaces, Exterior Storage, and Residential Grass Parking existed; however, it is further evident
this/these condition(s) was/were corrected prior to this hearing. The Respondent(s) was/were
present.
Code Enforcement 2018-04-25 30
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1502.113, 3-
1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1407.A.5, 3-1407.A.4.a, & 3-1407.A.7, 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 25th day of April 2018, at Clearwater, Pinellas County, Florida.
5. UNFINISHED BUSINESS
5.1 Case 150-17 Affidavit of Compliance
Douglas & Nancy Johnson
1523 S Evergreen Ave.
Roof Maintenance— Harris
5.2 Case 174-17 Affidavits of Compliance
Barbara A Crocker
1288 Jasmine Way
Hauling Trailer/Exterior Storage— Harris
5.3 Case 204-17 Affidavits of Compliance
William W& Patricia Trach
214 S Highland Ave.
Hauling Trailer/Parking on Unpaved Area - Devol
5.4 Case 30-18 Affidavit of Compliance
Hupp Retail G T B LLC
2345 Gulf-to-Bay Boulevard
Discontinued Signs - Knight
Code Enforcement 2018-04-25 31
5.5 Case 33-18 Affidavit of Compliance
Randall Crouse
320 Island Way 103
Short Term Rental - Phillips
5.6 Case 36-18 Affidavits of Compliance
T A H 2015-1 Borrower LLC
1309 Barry St.
Hauling Trailer - Harris
5.7 Case 37-18 Affidavit of Compliance
Bay Properties One LLC
600 Wildwood Way Common Area
Res. Rental BTR - Harris
5.8 Case 49-18 Affidavits of Compliance
Mark J Ganisin
1401 Citrus St.
Fences &Walls/Boat Parking/Residential Grass Parking — Harris
5.9 Case 50-18 Affidavit of Compliance
Corina Vancamp
2452 Brentwood Dr.
Short Term Rental — Phillips
5.10 Case 29-18 Affidavit of Non-Compliance
Emanuel & Dimitra Rev Liv Trust
Agreement Kotakis
Kotakis, Emanuel Tre
1141 Court St.
Temporary Signs— Knight
5.11 Case 35-18 Affidavits of Non-Compliance
Thomas Rizkovsky
1384 Seabreeze St.
Exterior Storage/Res. Rental BTR— Harris
5.12 Case 40-18 Affidavit of Non-Compliance
Ian Earl Lear, Jr.
Sherie Lynne Lear
1559 S Fredrica Ave.
Exterior Storage - Harris
Member Johnson moved to accept the Affidavits of Compliance for Cases 150-17, 174-17, 204-
17, 30-18, 33-18, 36-18, 37-18, 49-18, and 50-18 and to accept the Affidavits of Non-
Compliance and issue the Orders imposing fines for Cases 29-18, 35-18, and 40-18. The
motion was duly seconded and carried unanimously.
6. NEW BUSINESS: None.
7. NUISANCE ABATEMENT LIEN FILINGS:
Code Enforcement 2018-04-25 32
ROOSEVELT FREEMAN
1408 PENNSYLVANIA AVE
10- 29 -15- 51948- 003 -0010
PNU2017 -01703
$420.00
CALVIN LEE LADD
1246 IDLEWILD DR
PNU2018 -00112
03- 29 -15- 80388 - 001 -0120
$220.00
1510 BARRY HOLDING LLC
1510 BARRY RD
PNU2018 -00181
23- 29 -15- 00000 - 210 -0100
$2,392.25
Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly
seconded and carried unanimously.
8. ADJOURN
The meeting adjourned at 3:40 p.m.
Attest:
Sec -t -ry to the Bo rd
v
Chair, Municipal Co •e Enforcement Boar.
Code Enforcement 2018 -04 -25 33