06/27/2018 Municipal Code Enforcement Board Meeting Minutes June 27, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
e I
Meeting Minutes
Wednesday, June 27, 2018
1 :30 PM
Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Roll Call
Present 5 - Chair Wayne Carothers, Vice Chair Robert Prast, Board Member
James Strickland, Board Member C. Daniel Engel, Board Member Sue
A. Johnson, and Board Member Empty Seat
Absent 1 - Board Member Michael Mannino
Also Present: Andy Salzman —Attorney for the Board, Michael Fuino —Assistant City
Attorney, Nicole Sprague — Secretary to the Board, Patricia O. Sullivan
— Board Reporter
1. Call To Order
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 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 the minutes of the May 23, 2018 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Johnson moved to approve minutes of the August 27,
2018 Municipal Code Enforcement Board meeting as submitted in
written summation. The motion was duly seconded and carried
unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda: None.
4. New Business Items
4.1 WITHDRAWN: Confirm the violation(s) for Case 73-18, cont'd from May 23, 2018, for
respondent(s) Jasmine Nalk Development LLC at 1849 Gulf-to-Bay Boulevard for graffiti;
and issue an order with the compliance deadline and fine if compliance is not met.
(Cantrell)
Case 73-18 was withdrawn.
4.2 Confirm the violation(s) for Case 90-18 for respondent(s) Patricia K Anderson-Lux at 518
N Saturn Ave. for exterior surfaces; and issue an order with the compliance deadline and
fine if compliance is not met. (Brown)
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
No one was present to represent the Respondent.
Member Engel moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case.
The motion was duly seconded and carried unanimously.
Inspector Shelby Brown recommended compliance by July 27, 2018 or a
fine of$150 per day be imposed for the exterior surfaces violation.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent
to correct the violation on or before July 27, 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. After 3
months from the recordation date of such lien, if the fines and fees
remain unpaid, the City Attorney's office is authorized to foreclose,
collect or settle such lien using any legal or equitable remedies
available under the law. The motion was duly seconded and carried
unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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.B, 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 damaged/deteriorated structural & decorative elements 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, July 27, 2018. The fine is $150.00 per day for each and every
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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.
If the fines and fees remain unpaid 3 months after the date this lien is
recorded, the City Attorney's office is authorized to foreclose, collect, or
settle such lien using any legal or equitable remedies available under
the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.3 Confirm the violation(s) for Case 91-18 for respondent(s) 1722 Kenneth Place Land
Trust, Trustee Company Tre at 1722 Kenneth PI for hauling trailer; and issue an order with
the compliance deadline and fine if compliance is not met. (Brown)
No one was present to represent the Respondent.
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 Shelly Brown recommended compliance by July 7, 2018 for the
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
residential parking of a hauling trailer violation or a fine of$150 per day
be imposed.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before July 7, 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. After 3
months from the recordation date of such lien, if the fines and fees
remain unpaid, the City Attorney's office is authorized to foreclose,
collect or settle such lien using any legal or equitable remedies
available under the law. The motion was duly seconded and carried
unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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: residential parking of hauling trailer. 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) 3-1407.A.2.c, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall not store hauling
trailers in the front property setbacks or forward of a building line or shall
relocate hauling trailer to a rear or side yard, screened by a six-foot
fence, hedge or wall, AND parked on an approved/permitted permanent
surface to comply with said Section(s) of the Code by the deadline, July
7, 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
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
the Respondent(s), pursuant to Chapter 162, Florida Statutes.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.4 Confirm the violation(s) for Case 92-18 for respondent(s) Barbara Hernandez-Vega at
1726 Kenneth PI for exterior surfaces and exterior storage; and issue an order with the
compliance deadline and fine if compliance is not met. (Brown)
Alfonso Hernandez, representing his mother, property owner Barbara
Hernandez-Vega, said the violations were corrected.
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 Shelby Brown recommended compliance by July 27, 2018 or a
fine of$150 per day per violation be imposed. She presented April 30
and May 22, 2018 property photographs of the 2 violations at the duplex
at 1726 Kenneth Place for exterior surfaces and exterior storage.
Mr. Hernandez said he should be able to complete repairs by July 27, 2018.
It was stated the property's fence needed attention.
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Attorney Fuino submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent
to correct the violations on or before July 27, 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. After 3 months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
In response to a question, Attorney for the Board Andy Salzman said the
City was required to advise all property owners of the potential foreclosure
of their property if compliance is not met and fines and fees remain unpaid
after a lien is filed.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 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.B, 3-1502.G.1, and 3-1502.G.2 as referred to in the
Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall 1) Exterior
Surfaces: repair and/or replace damaged/deteriorated structural &
decorative elements 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 and 2) 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 to comply with said
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Section(s) of the Code by the deadline, July 27, 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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.5 Confirm the violation(s) for Case 93-18 for respondent(s) Susanne C Mori, T Chris
Souleles at 1734 Kenneth PI A for residential grass parking and exterior storage; and
issue an order with the compliance deadline and fine if compliance is not met. (Brown)
Realtor Lawrence Linder, representing the property owners, admitted to
the violations.
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
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
motion was duly seconded and carried unanimously.
Inspector Shelby Brown recommended compliance by July 7, 2018 or a
fine of$150 per day per violation be imposed. She presented January
10, April 30, and May 22, 2018 property photographs of the 2 violations
for residential grass parking and exterior storage at 1734 Kenneth Place A.
Mr. Linder said multiple vehicles should never have been parked on the
grass and he will make certain that not more than one vehicle is parked
on the grass in accordance with Code. He said the appliance and trailer
were in the yard during remodeling work but the violations had been
resolved. He said he had to persuade the tenants to comply, stating the
eviction process took time. He said the property's owners lived in
California. He said he was taking care of the broken window in the rear
and will contact the inspector when the repair is completed.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violations on or before July 7, 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. After 3 months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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: residential grass parking 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) 3-1403.B.1, 3-1407.A.5, 3-1407.A.7, 3-1502.G.1, &
3-1502.G.2, as referred to in the Affidavit in this case.
ORDER
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
It is the Order of the Board that the Respondent(s) shall: 1) Grass Parking
— do not park and/or store multiple vehicles on the front yard. City
ordinance stipulates that one designated parking space may be located
on the grass in a required front setback adjacent and parallel to the
driveway located on the property. Access to the space shall be by way of
the property's driveway. Grass must be maintained in this area and not
denuded by continual use and 2) 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/equipment, old lumber, etc., and keep property clear, including
front, side, and rear yards to comply with said Section(s) of the Code by
the deadline, July 7, 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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable remedies
available under the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
4.6 Confirm the violation(s) for Case 94-18 for respondent(s) Frank Charles Freeman at
1305 S Madison Ave. for exterior storage, lot clearing, and fences; and issue an order
with the compliance deadline and fine if compliance is not met. (Fletcher)
Property owner Frank Freeman admitted to the violations.
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 Vicki Fletcher recommended compliance by July 12, 2018 or a
fine of$250 per day per violation be imposed. She presented February
28, April 19, and June 14, 2018 property photographs of the 3 violations
for exterior storage, fences, and lot clearing and accumulation of
nuisances at 1305 S Madison Avenue. Some deteriorated fencing
remained. Debris and trash reappeared after each cleaning, the ongoing
problem did not seem to get better.
Mr. Freeman said people often cut across his corner lot, drop stuff in
his yard, and dump trash on the corner. He said he needed at least 30
days to pay someone to remove the remainder of his fence. He said he
worked constantly to remove trash dumped in his yard.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent to
correct the violations on or before July 27, 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. After 3 months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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: exterior storage, lot clearing and accumulation of
nuisances, and fence maintenance. The Respondent(s) was/were present.
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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, 3-1502.G.3, 3-1502.K.1, 3-1503.B.7,
3-1503.B.8, 3-803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3,
3-808.A.5, & 3-808.A.6, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Outdoor
Storage - remove all items not intended to be stored outdoors, 2) Lot
Clearing and Accumulation of Nuisances— remove all dead vegetation
including leaves and pine needles accumulated over long period of time
around the property, remove all trash from the yard and curb and put all
trash in garbage can and/or bags for pick up, and 3) Fence Maintenance
— repair, replace, or remove all rotted and broken fencing. Fences cannot
lean more than 10 degrees or have missing or broken slats and must be
securely fastened to present a uniform appearance to comply with said
Section(s) of the Code by the deadline, July 27, 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 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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.7 CONTINUE to August 22, 2018 - Confirm the violation(s) for Case 95-18 for
respondent(s) Eric Volinski at 407 S Jupiter Ave. for residential rental BTR (Business Tax
Receipt); and issue an order with the compliance deadline and fine if compliance is not
met. (Fletcher)
Case 95-18 was continued automatically to August 22, 2018
4.8 Confirm the violation(s) for Case 96-18 for respondent(s) Arben Skuri at 409 N Jupiter
Ave. for parking lot surfaces, exterior surfaces, and exterior storage; and issue an order
with the compliance deadline and fine if compliance is not met. (Fletcher)
Property owner Arben Skuri admitted to the violations. He said he lived in
New York and his uncle took care of the property. He said he repaired the
violations as soon as he became aware of them.
Inspector Vicki Fletcher said compliance had been met and requested a
declaration of violation.
Member Prast moved to find the Respondent was in violation of the
City of Clearwater Code as referred to in the affidavit in this case, the
violations were corrected prior to today's hearing, and to enter an
order that no fine be imposed against the Respondent. If the
Respondent repeats the violations, the Board may order a fine of up to
$500 for each day each violation continues to exist. The motion was
duly seconded and carried unanimously
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 parking lot surfaces, exterior surfaces, and exterior
storage existed, however, it is further evident this/these condition(s)
was/were corrected prior to this hearing. The Respondent was present.
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code
Section(s) 3-1403.A, 3-1502.K.4, 3-1502.B, & 3-1502.G.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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.9 Confirm the violation(s) for Case 97-18 for respondent(s) Alberta Harris at 1128 Harris Ln
for residential grass parking, roof maintenance, inoperative vehicle and lot clearing; and
issue an order with the compliance deadline and fine if compliance is not met. (Fletcher)
No one was present to represent the Respondent.
Member Johnson moved to find the Respondent(s) in violation of
the City of Clearwater Code as referred to in the affidavit in this
case. The motion was duly seconded and carried unanimously.
Inspector Vicki Fletcher recommended compliance by July 27, 2018 or a
fine of$150 per day per violation be imposed. She presented April 24
and June 14, 2018 photographs of the 4 violations for residential grass
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Municipal Code Enforcement Board Meeting Minutes June 27, 2018
parking, roof maintenance, inoperative vehicle, and lot clearing at 1128
Harris Lane. Plastic had been on the roof for a year.
Attorney Fuino submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent
to correct the violations on or before July 27, 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. After 3 months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 4
violations exist: residential grass parking, roof maintenance%lean roof,
inoperative vehicle%utdoor storage nuisance and lot clearing/debris. 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) 3-1407.A.5, 3-1502.D.1, 3-1502.D.3, 3-1503.B.6, 3-1502.K.1,
3-1503.B.7, & 3-1503.B.8, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Lot Clearing/
Debris - cut and maintain entire yard and remove all debris from the
property, 2) Residential Grass Parking - remove vehicle from backyard and
park only one vehicle on the grass parallel and directly adjacent to the
driveway, 3) Inoperative Vehicle/Outdoor Storage - display current tag,
inflate tires, and make vehicle operable or remove it from the property, and
4)Roof Maintenance/Clean Roof— remove all plastic from the roof and
maintain it in a secure and watertight condition to comply with said
Section(s)of the Code by the deadline, July 27, 2018. The fine is $150.00
per day per violation for each and every day each violation continues past
the date set for compliance.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.10 Confirm the violation(s) for Case 98-18 for respondent(s) Maurice D McCray, Emmerson
McCray at 1136 Harris Ln. for residential grass parking; and issue an order with the
compliance deadline and fine if compliance is not met. (Fletcher)
Property owner Maurice McCray said the violation had been addressed.
Inspector Vicki Fletcher said compliance had been met and requested a
declaration of violation.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 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.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code
Section(s) 3-1407.A.5 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 27th day of June 2018, at Clearwater,
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Pinellas County, Florida.
4.11 Confirm the violation(s) for Case 99-18 for respondent(s) Amy E Brannen at 615
Belleview Blvd. for exterior surfaces and exterior storage; and issue an order with the
compliance deadline and fine if compliance is not met. (Fletcher)
Property owner Amy Brannen admitted to the violations.
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 Vicki Fletcher recommended compliance by July 12, 2018 or a
fine of$150 per day per violation be imposed. She presented February
23 and June 14, 2018 property photographs of the 2 violations for exterior
surfaces and exterior storage at 615 Belleview Boulevard.
Ms. Brannen said her mother had lived in the house for 51 years. She said
she would clean exterior surfaces with a pressure washer. She requested
60 days to repair exterior wood.
Attorney Fuino submitted composite exhibits.
Member Johnson moved to enter an order requiring the Respondent to
correct the violations on or before August 27, 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. After 3 months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 surfaces and exterior storage. The
Respondent(s) was/were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Section(s) 3-1502.B & 3-1502.G.2, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Exterior
Surfaces -pressure wash and/or paint entire structure so that surface is
free of mildew, rust, and loose materials including patching and peeling
paint and replace, remove, or repair all rotted wood and 2) Outdoor
storage - remove all items not designed for outdoors to comply with said
Section(s) of the Code by the deadline, August 27, 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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
4.12 CONTINUE to August 22, 2018 - Confirm the violation(s) for Case 100-18 for
respondent(s) Amanda Bauner at 1466 Laura St. for landscaping; and issue an order
with the compliance deadline and fine if compliance is not met. (Hollifield)
Case 100-18 was continued automatically to August 22, 2018
4.13 Confirm the violation(s) for Case 101-18 for respondent(s) 800 Court St Investments LLC
at 800 Court St. for sign maintenance; and issue an order with the compliance deadline
and fine if compliance is not met. (Knight)
Helen Ciraco, office manager for the property, admitted to the violation.
Member Johnson moved to find the Respondent(s) in violation of
the City of Clearwater Code as referred to in the affidavit in this
case. The motion was duly seconded and carried unanimously.
Sign Inspector Daniel Knight recommended compliance by July 27, 2018
or a fine of$150 per day be imposed. He presented March 12, April 24, and
June 22, 2018 property photographs of the sign maintenance violation at
800 Court Street. This was his first communication with a property
representative.
Ms. Ciraco said the tenants had moved out of the building and the
business was not aware the sign was broken. She said the business was
moving back into the building and was working with a sign company to
make repairs, no changes were planned.
Concern was expressed repairs may take longer than a month.
Attorney Fuino submitted composite exhibits.
Member Strickland moved to enter an order requiring the Respondent
to correct the violation on or before August 27, 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. After 3
months from the recordation date of such lien, if the fines and fees
remain unpaid, the City Attorney's office is authorized to foreclose,
collect or settle such lien using any legal or equitable remedies
available under the law. The motion was duly seconded and carried
unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Based upon the testimony and evidence received, it is evident that 1
violation exists: sign 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) 3-1502.1 & 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 the
monument sign at the property so that it is in a good condition in the
manner in which the sign was originally approved (replaced face panels
can be blank) or remove the sign completely to comply with said
Section(s) of the Code by the deadline, August 27, 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 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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.14Confirm the violation(s) for Case 102-18 for respondent(s) Louis J. & Angeline Chaconas
at 1736 Drew St. for parking lot surfaces and exterior surfaces; and issue an order with
the compliance deadline and fine if compliance is not met. (Knight)
Property owner Louis Chaconas admitted to the violations. He said they
were repaired.
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.
Sign Inspector Daniel Knight recommended compliance by July 15, 2018
or a fine of$150 per day per violation be imposed. He presented June 22,
2018 property photographs of the 2 violations for parking lot surfaces and
exterior surfaces at 1736 Drew Street.
Mr. Chaconas said he had called Inspector Knight to inspect his property,
he said he was in full compliance and displayed photographs of the repairs.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violations on or before July 15, 2018. If the Respondent
does not comply within the time specified, the Board may order a fine
of $150 per day per violation for each day each violation continues to
exist. After 3 months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
violations exist: parking lot surfaces and striping and exterior 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.x.4, 3-1404.8, & 3-1502.B, as referred to in
the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Exterior
Surfaces— repair and/or replace all damaged wood, clean/clear all
discoloration and paint where needed and 2) Parking Lot Surfaces and
Striping - repair and/or replace all pot holes, cracked and heaved areas
of the parking lot surfaces with a permanent all weather paving material
graded to drain stormwater so it is in a safe and clean condition and paint
all parking lot line spaces to comply with said Section(s) of the Code by
the deadline, July 15, 2018. The fine is $150.00 per day per violation for
each and every day each violation continues past the date set for
compliance.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector 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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.15Confirm the violation(s) for Case 103-18 for respondent(s) NOW Investments Inc. at 1745
Drew St. for temporary signs and BTR (Business Tax Receipt); and issue an order with
the compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
Sign Inspector Daniel Knight said compliance had been met for the
temporary signage and requested a declaration of violation, the property
remained out of compliance for the BTR (Business Tax Receipt).
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case for temporary signs, the violation was corrected prior to
today's hearing, and to enter an order that no fine be imposed
against the Respondent. If the Respondent repeats the violation,
the Board may order a fine of up to $500 for each day the
violation continues to exist. The motion was duly seconded and
carried unanimously
Inspector Knight recommended compliance for the BTR by July 31, 2018
or a fine of$150 per day be imposed. The management company
advised him the tenant had been issued an eviction notice. If the tenant
is evicted, a BTR will not be required. The insurance company on the
property had placed the illegal temporary signs in the right-of-way.
Inspector Knight presented a March 8, 2018 property photograph of the
temporary sign violation at 1745 Drew Street and a June 22, 2018
photograph showing the sign had been removed.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the BTR violation on or before July 31, 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. After 3
months from the recordation date of such lien, if the fines and fees
remain unpaid, the City Attorney's office is authorized to foreclose,
collect or settle such lien using any legal or equitable remedies
Page 24
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
available under the law. The motion was duly seconded and carried
unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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: BTR (Business Tax Receipt). It also is evident conditions
related to temporary signs existed, however, it is further evident these
conditions were corrected prior to this hearing. 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) 29.30(1), as referred to in the Affidavit in this case.The
Respondent(s) was/were in violation of City of Clearwater Code
Section(s) 3-1806.A as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall ensure that all
tenants at the property apply for and obtain a Business Tax Receipt to
comply with said Section(s) of the Code by the deadline, July 31, 2018.
The fine is $150.00 per day for each and every day the violation
continues past the date set for compliance.
It is the Order of this Board that no fine will be imposed against the
Respondent(s) for the conditions related to temporary signs. If the
Respondent(s) repeats/repeat these violations within five years, the
Board may order the Respondent(s) to pay a fine of up to $500.00 for
each day the repeat violation continues.
Upon complying with said Section of the Code, the Respondent(s) shall
notify Inspector Daniel Knight, who shall inspect the property and notify
the Board of compliance. If the Respondent(s) fails/fail to comply within
the time specified, a certified copy of the Order imposing the fine may be
recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the
Respondent(s), pursuant to Chapter 162, Florida Statutes.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
Page 25
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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 27th of June 2018, at Clearwater, Pinellas
County, Florida.
4.16Confirm the violation(s) for Case 104-18 for respondent(s) Brinson, Frank C Trust,
Brinson, Don A Tre at 1760 Drew St. for door and window openings; and issue an order
with the compliance deadline and fine if compliance is not met. (Knight)
Property owner Don Brinson denied the violation.
Sign Inspector Daniel Knight provided a PowerPoint presentation. A
notice of violation was issued on January 16, 2018, following inspection. The
violation at 1760 Drew Street related to window openings. January 10,
March 19, and June 22, 2018 property photographs showed the structure
had painted covered windows. He communicated with the owner, multiple
violations were brought into compliance but window openings remain
covered. Windows were required to be maintained as windows or a permit
needed to be obtained to blend the window openings with the structure's
exterior surfaces.
Mr. Brinson said he disagreed with Inspector Knight's finding. He said he
hired a painting contractor to screw hardboard into the openings and
paint the structure. He said 2 contractors told him that hardboard was
acceptable for exterior paneling and it was unreasonable to do more. He
said the MCEB (Municipal Code Enforcement Board) had approved
plexiglass to be installed in place of glass for other cases. He said it was
unreasonable for the City to make him hire an architect to draw plans to
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
fill in the window openings.
In response to a question, Mr. Brinson said Lowe's had said hardboard
was an approved material.
A board member said he did not remember the board approving
plexiglass as an alternative. Discussion ensued with comments that Mr.
Brinson had transformed the design of the building previously approved
by the City without permission or permit by changing the purpose of the
windows and making several windows part of the wall. It was stated despite
contractor opinions, the windows did not comply with Code.
Mr. Brinson said he changed the windows for safety. He said the windows
were still present but served no purpose. He said shelves were against
the windows inside the convenience store.
Code Compliance Manager Terry Teunis said Fire Code re windows
needed to be considered.
Mr. Brinson said the windows were too high and small to be used for
ingress or egress.
It was stated if a fire occurred, the Fire Department would need the
windows to get water into the building and vent the structure.
Member Engel moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case.
The motion was duly seconded and carried unanimously.
Inspector Knight recommended compliance by July 15, 2018 or a fine of
$150 per day be imposed.
Mr. Brinson requested 90 days to obtain the necessary permit and have
the work done.
Attorney Fuino said the windows could be returned to their original state
while the permitting process to turn the windows into walls was underway.
It was felt Mr. Brinson should not have to make 2 changes to the windows.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before September 27, 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. After 3 months from the recordation date of such lien, if the fines
Page 27
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
Mr. Brinson said the motion's foreclosure language was offensive.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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: door and window openings. The Respondent was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code
Section(s) 3-1502.C.1 & 3-1502.C.3, as referred to in the Affidavit in this
case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove all
materials covering and boarding up the windows at the property and
make certain that all windows are secured in a tight fitting, weatherproof
manner, unbroken and in a clean state OR enclose the windows by
making them an integral part of the building fagade, using wall materials
and window detailing comparable with the building fagade and obtain any
permits required to do so to comply with said Section(s) of the Code by
the deadline, September 27, 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 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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
Page 28
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.17Confirm the violation(s) for Case 105-18 for respondent(s) BWCW Hospitality LLC at 301
S Gulfview Blvd. for temporary signs; and issue an order with the compliance deadline
and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
Sign Inspector Daniel Knight said compliance had been met and requested
a declaration of violation.
Attorney Fuino 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 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 June 27, 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.
Page 29
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the
condition(s) related to temporary signs 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) 3-1806.A 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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.18Confirm the violation(s) for Case 106-18 for respondent(s) Tru 2005 RE I LLC, c/o Toys R
Us at 26286 US Highway 19 for sign maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
Page 30
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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.
Sign Inspector Daniel Knight recommended compliance by July 27, 2018
or a fine of$150 per day be imposed. He presented March 2, May 13, and
June 22, 2018 property photographs of the sign maintenance violation at
26286 US Highway 19. Three weeks ago, the property manager
contacted him, indicating he would try to bring the sign into compliance.
Attorney Fuino submitted composite exhibits.
Member Johnson moved to enter an order requiring the Respondent to
correct the violation on or before July 27, 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. After 3
months from the recordation date of such lien, if the fines and fees
remain unpaid, the City Attorney's office is authorized to foreclose,
collect or settle such lien using any legal or equitable remedies
available under the law. The motion was duly seconded and carried
unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 of the City of Clearwater Code
Section(s) 3-1502.1 & 3-1806.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 the
freestanding sign and sign structure at the property so that it is in a good
condition free of any damage, rust, discoloration, fading and/or peeling
paint/elements or remove the sign and sign structure completely to
comply with said Section(s) of the Code by the deadline, July 27, 2018.
The fine is $150.00 per day for each and every day the violation
continues past the date set for compliance.
Page 31
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.19Confirm the violation(s) for Case 107-18 for respondent(s) Lourdes T Santiago at 300
Windward Is. for residential rental BTR (Business Tax Receipt) and short-term rental; and
issue an order with the compliance deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
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.
Inspections Specialist Julie Phillips recommended compliance by July 5,
2018 or a fine of$250 per day per violation be imposed. The violations were
Page 32
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
for a BTR (Business Tax Receipt) and short-term rental. The City received 2
complaints regarding significant activity at the property, the home was
rented short-term and the boat docked in the rear also was rented.
Inspector Phillips had not heard from the property owner.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before July 5, 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. After 3 months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law. The motion was duly seconded and
carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 exists: Residential Rental BTR (Business Tax Receipt) and
illegal short-term rental. 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 Sec-
tion(s) 3-2302, 1-104.8 & 3-919, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Residential
Rental Business Tax Receipt- submit an application for a local
residential rental BTR (Business Tax Receipt) along with payment of
$31.50. Once application is approved and a BTR is issued, the violation
will be in compliance and 2) Illegal Short Term Rental- Rent the property
for at least 31 days or one calendar month, whichever is less, and
remove all daily and weekly rental rates, reviews and discounts from all
websites. ALL websites and calendars should 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, July 5, 2018. The fine is
$250.00 per day per violation for each and every day each violation
Page 33
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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.
After three (3) months from the recordation date of such lien, if the fines
and fees remain unpaid, the City Attorney's office is authorized to
foreclose, collect or settle such lien using any legal or equitable
remedies available under the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.200ONTINUE to August 22, 2018 - Confirm the violation(s) for Case 108-18 for
respondent(s) Tung Le at 881 Eldorado Ave. for short-term rental; and issue an order with
the compliance deadline and fine if compliance is not met. (Phillips)
Case 108-18 was continued automatically to August 22, 2018
4.21 CONTINUE to August 22, 2018 - Confirm the violation(s) for Case 109-18 for
respondent(s) Azaiez Messelmani at 641 Siren Wind Ln. for residential rental BTR
(Business Tax Receipt) and short-term rental; and issue an order with the compliance
deadline and fine if compliance is not met. (Phillips)
Page 34
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Case 109-18 was continued automatically to August 22, 2018
4.22Confirm the violation(s) for Case 110-18 for respondent(s) Juan J Garcia, Adela
Gonzales De Garcia at 601 Brookside Dr. for residential rental BTR (Business Tax
Receipt) and short-term rental; and issue an order with the compliance deadline and fine
if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspections Specialist Julie Phillips said compliance had been met and
requested a declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violations were corrected prior to today's hearing, and
to enter an order that no fine be imposed against the
Respondent. If the Respondent repeats the violations, the Board
may order a fine of up to $500 for each day each violation
continues to exist. The motion was duly seconded and carried
unanimously
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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) and
illegal 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) 1-104.8, 3-919, 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
Page 35
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.23Confirm the violation(s) for Case 111-18 for respondent(s) Martin S & Colleen Cohen at
1845 Monica Dr for short-term rental; and issue an order with the compliance deadline
and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspections Specialist Julie Phillips said compliance had been met and
requested a declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violations were corrected prior to today's hearing, and
to enter an order that no fine be imposed against the
Respondent. If the Respondent repeats the violations, the Board
may order a fine of up to $500 for each day each violation
continues to exist. The motion was duly seconded and carried
unanimously
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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.
Page 36
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the
condition(s) related to illegal 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) 1-104.8 & 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.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
4.24Confirm the violation(s) for Case 112-18 for respondent(s) Houses 2 Homes Corp at
1236 Kapok Cir. for residential rental BTR (Business Tax Receipt) and short-term rental;
and issue an order with the compliance deadline and fine if compliance is not met.
(Phillips)
Case 112-18 was continued automatically to August 22, 2018.
Page 37
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
4.25Confirm the REPEAT violation for Case 113-18 for respondent(s) Cedar House LLC at
302 Cedar St. for repeat short-term rental; and issue an order with a daily fine, number of
days violation existed, total fine, payment deadline following posting of Order; and if fines
and fees remain unpaid 3 months after this lien is recorded, the City Attorney's office is
authorized to foreclose, collect, or settle such lien using any legal or equitable remedies
available under the law; and 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. (Phillips)
Attorney Luke Lirot, representing the property owner, requested the case
be continued to work with his client to meet compliance.
Inspections Specialist Julie Phillips provided a PowerPoint presentation. She
said the repeat violation was a Development Code Violation for an illegal
short-term rental and cited the Code re Prima Facie Evidence of certain
uses in a residential zoning district. She reviewed the Code definition of
Residential Use and Repeat Violation.
On November 20, 2013, Inspector Peggy Franco brought Case 64-13
before the MCEB (Municipal Code Enforcement Board) re short-term
rental violation. The property owner's husband James Steg denied the
violation. The MCEB found the respondent in violation of Code sections
1-104.8, 3-919 & 8-102 and issued a Declaration of Violation as
compliance was met prior to the hearing. No fine was imposed.
On July 9, 2014, former Inspector Mike Lopez brought Case 20-14 before
the MCEB re a repeat short-term rental violation. The MCEB found the
respondent in violation of Code sections 1-104.8, 3-919 & 8-102 and
entered an order that a $100 daily fine be imposed for 41 days (June 11
— July 22, 2014), totaling $4,100, payable by September 21, 2014. The
fine was paid.
On December 16, 2015, Inspections Specialist Phillips brought Case 110-15
before the MCEB re a repeat short-term rental violation. The MCEB found
the respondent in violation of Code sections 1-104.B, 3-919 & 8-102 and
entered an order that a $500 fine be imposed for holding out the property
for rent on September 25, 2015 per the rental agreement secured by
Private Investigator Constantine Janus for an illegal short-term rental.
The fine was not paid.
On July 27, 2016, Code Compliance Manager Terry Teunis brought
Case 47-16 before the MCEB re a repeat short-term rental violation. The
MCEB found the respondent in violation of Code sections 1-104.8.,
3-919 & 8-102 and entered an order that a $500 daily fine be imposed for
renting the property for 93 days, totaling $46,500, payable by August 26,
2016. The respondent appealed the violation, the court found the respondent
in violation for 13 days and imposed a $500 daily fine totaling $6,500. The
Page 38
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
fine was not paid.
On May 29, 2018, Inspections Specialist Phillips received a complaint that
the property was advertised for rental for less than the 31 day or 1 month
calendar month requirement. Inspector Phillips verified the complaint on
multiple websites i.e. https.11www.airbnb.comlroomsl20456437,
https.11www.homea way.com/vacation-rental/p 1137048vb,
https.11www.homea way.com/vacation-rental/p4669812,
https.11www.vrbo.com/1137048, and https.11www.vrbo.coml4669812ha. The
AirBnB listing offered the property for rent for 1 week or longer.
HomeA way listing #1 offered the property for rent for minimum 6-7 nights.
HomeAway listing #2 offered the property for rent for minimum 7 nights.
VRBO listing #1 and#2 offered the property for rent for 1 week or longer.
On June 5, 2018, the property was posted with an Affidavit of Posting and
Notice of Repeat Violation.
Inspections Specialist Phillips showed June 5 and 7, 2018 photographs of
the property and provided prima facie evidence: May 29 and 30 and June 5,
6, 7, 8, 9, 11, 12, 13, 15, 18, and 19, 2018 screenshots of website
advertisements for short-term rental of the subject property and
screenshots of Inspector Phillips's multiple bookings of the property for
short-term rentals.
In response to a question, Attorney for the Board Andy Salzman said it
was up to the City to collect past due fines. He said the property owner
could appeal any Board action.
Attorney Lirot said the property owner wanted to pay the previous fines.
He requested the case be continued to investigate the issues reviewed
today.
Member Prast moved that Case 113-18 not be continued. The
motion was duly seconded and carried unanimously.
Attorney Lirot said most of the City's case was based on hearsay. He said
efforts to rent the property were never finalized. He said while there was an
indication of problems with the websites, no short-term rental occurred.
He said website information was hearsay.
Attorney Fioni reviewed the Code re prima facie evidence; website
advertisements were utterances of operative facts that rose to the level of
legal consequences. Via prima facie evidence, the City established its
burden of proof that the property was in violation of the Code re short-term
rental. Inspector Phillips testimony was not hearsay. Additional evidence
was the property owner or agent's positive responses to Inspector Phillips'
requests to rent the property short-term.
Page 39
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
Attorney Lirot said none of Inspector Phillips'requests to rent the property
short-term ever manifested itself in an actual rental.
Member Johnson moved to find the Respondent(s) was in violation of
the City of Clearwater Code as referred to in the affidavit in this case
and has committed a repeat violation. The motion was duly seconded
and carried unanimously.
Inspector Phillips recommended a fine of$500 per day be imposed for
the dates the property was advertised for short-term rental i.e. May 29 and
30 and June 5, 6, 7, 8, 9, 11, 12, 13, 15, 18, and 19, 2018 (13 days) for a
total of$6,500.
Attorney Fioni submitted composite exhibits.
Member Johnson moved to enter an order that a fine of $500 per day
be imposed for the time the violation existed, i.e. May 29 and 30 and
June 5, 6, 7, 8, 9, 11, 12, 13, 15, 18, and 19, 2018 for a total of $6,500,
payable within 30 days. If the fines and fees remain unpaid 3 months
after the lien is recorded, the City Attorney's office is authorized to
foreclose, collect, or settle such lien using any legal or equitable
remedies available under the law. If the Respondent repeats the
violation, the Board may order a fine of up to $500 per day for each day
the violation exists. After 3 months from the recordation date of such
lien, if the fines and fees remain unpaid, the City Attorney's office is
authorized to foreclose, collect or settle such lien using any legal or
equitable remedies available under the law. The motion was duly
seconded and carried unanimously.
This case came before the City of Clearwater Municipal Code Enforcement
Board on June 27, 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 a
repeat illegal short-term rental was/were in violation of the City of
Clearwater Code. A representative of the Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of Code Section(s) 1-104.B,
3-2103, & 3-919 as referred to in the Affidavit in this case and previously
was/were found to have violated the same Code Section(s) on November
20, 2013, July 9, 2014, December 16, 2015, and July 27, 2016, and
therefore, committed a repeat violation.
Page 40
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
It is the Order of this Board that the Respondent(s) pay a fine of
$6,500.00 ($500.00 daily fine) for the time period May 29 and 30, 2018,
and June 5, 6, 7, 8, 9, 11, 12, 13, 15, 18, and 19, 2018, when the repeat
violation(s) occurred, payable by July 27, 2018. The Board further orders
that if the Respondent(s) repeats/repeat the violation referenced herein
within 5 years, the Board may order the Respondent(s) to pay a fine of up
to $500.00 for each day the repeat violation continues.
A certified copy of this Order shall be recorded in the public records of
Pinellas County, and once recorded, shall constitute a lien against any
real or personal property owned by the violator(s) pursuant to Chapter
162 of the Florida Statutes.
If the fines and fees remain unpaid 3 months after the date this lien is
recorded, the City Attorney's office is authorized to foreclose, collect, or
settle such lien using any legal or equitable remedies available under
the law.
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 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance and Non-Compliance as listed and issue orders for
Affidavits of Non-Compliance that if the fines and fees remain unpaid 3 months after
these liens are recorded, the City Attorney's office is authorized to foreclose, collect or
settle such liens using any legal or equitable remedies available under the law.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
5.1 Case 106-15 Affidavit of Compliance
Nestor Lira
59 Acacia St.
Fences &Walls - Brown
5.2 Case 66-16 Affidavit of Compliance
Jeffery J Hillyer
1985 Beckett Lake Dr.
Lot Clearing/Abandoned Bldg - Stewart
5.3 Case 86-16 Affidavit of Compliance
Andrew J. Weiner
1956 Souvenir Dr.
Motor Vehicle Coverage - Jewett
5.4 Case 67-17 Affidavit of Compliance
Maria Mancos
Rose Mancos
1943 Gilbert St.
Exterior Surfaces/Fences - Hollifield
5.5 Case 77-17 Affidavit of Compliance
Gary Stevens Sunday
1008 Oakview Ave.
Residential Rental BTR - Harris
5.6 Case 111-17 Affidavit of Compliance
Ibrahim Ghobrial & Shahinaz Kaldas
1445 S Missouri Ave.
Abandoned Building - Harris
5.7 Case 40-18 Affidavit of Compliance
Ian Earl Lear, Jr.
Sherie Lynne Lear
1559 S Fredrica Ave.
Exterior Storage - Harris
5.8 Case 52-18 Affidavit of Compliance
Edward & Margaret Connor
1376 Browning Street
Exterior Storage - Harris
5.9 Case 65-18 Affidavit of Compliance
East Shore International Enterprises LLC
409 East Shore Drive
Docks & Seawalls - Devol
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
5.10 Case 53-18 Affidavit of Non Compliance
Lanter, Gail M Trust
2750 Edenwood Street
Exterior Storage/Inoperative Vehicle- Brown
5.11 Case 54-18 Affidavit of Non Compliance — Cont'd to August 22, 2018
Beal, Carl Est.
1849 Diane Drive
Exterior Surfaces - Brown
5.12 Case 65-18 Affidavit of Non Compliance
East Shore International Enterprises LLC
409 East Shore Drive
Prohibited Moorings - Devol
Member Johnson moved to accept the Affidavits of Compliance
for Cases 106-15, 66-16, 86-16, 67-17, 77-17, 111-17, 40-18, 52-18,
and 65-18 and to accept the Affidavits of Non-Compliance and
issue the Orders imposing fines for Cases 53-18, 54-18, and 65-18
that also state after 3 months from the recordation date of such
lien, if the fines and fees remain unpaid, the City Attorney's office
is authorized to foreclose, collect or settle such lien using any
legal or equitable remedies available under the law. The motion
was duly seconded and carried unanimously.
6. Other Board Action
6.1 Consider request for Case 24-16 by respondent(s) Frank & Isabelle Blainey (PEMCO
Limited) at 3172 Wessex Way to reduce the fine re violations fences & walls/public
health, safety or welfare nuisance; and if approved, issue an order that specifies
administration costs and establishes a date payable or the lien will revert to its original
amount. (Brown)
Inspector Shelby Brown said this previously problematic property was
rehabbed and was in compliance. PEMCO, on behalf of Fannie Mae
which took over the property, requested a reduction in the fine to
administration costs. The City supported reduction of the $30,150 fine to
administration costs of$2,493.70.
Attorney Fioni submitted composite exhibits.
Member Johnson moved to enter an order reducing the fine for
Case 24-16 to administration costs of $2,493.70 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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
reconsideration of a lien at a hearing held on June 27, 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 May 25, 2016, as recorded in O.R. Book 19214,
Pages 1091 — 1094 of the public records of Pinellas County, Florida, is
hereby reduced to administration costs of$2,493.70 payable to the
Petitioner within 30 days from the date the Order is sent certified mail. If
the reduced lien amount is not paid within the time specified in this Order,
a lien in the original amount of$30,150.00 shall be recorded in the public
records of Pinellas County, Florida.
DONE AND ORDERED this 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
6.2 Consider request for Case 54-16 by respondent(s) Frank & Isabelle Blainey (PEMCO
Limited) at 3172 Wessex Way to reduce the fine re violations exterior
storage/roof/window maintenance/ construction material storage; and if approved, issue
an order that specifies administration costs and establishes a date payable or the lien will
revert to its original amount. (Brown)
Inspector Shelby Brown said this request was for same property as Case
24-16. The City supported reduction of the $69,000 fine to administration
costs of$2,493.70.
Attorney Fioni submitted composite exhibits.
Member Johnson moved to enter an order reducing the fine for
Case 54-16 to administration costs of $2,493.70 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 June 27, 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 27, 2018
It is the Order of this Board that the lien previously imposed in the Order
of the Board dated September 28, 2016, as recorded in O.R. Book
19408, Pages 2263— 2264 of the public records of Pinellas County,
Florida, is hereby reduced to administration costs of$2,493.70 payable
to the Petitioner within 30 days from the date the Order is sent certified
mail. If the reduced lien amount is not paid within the time specified in
this Order, a lien in the original amount of$69,000.00 shall be recorded
in the public records of Pinellas County, Florida.
DONE AND ORDERED this 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
6.3 Consider request for Case 45-96 by respondent(s) Charles Howard (Michael & Rebecca
O'Rourke) at 1140 Palm Bluff St Way to reduce the fine re building interior walls,
electrical boxes, skylight, and dormer without permits or inspections; and if approved,
issue an order that specifies administration costs and establishes a date payable or the
lien will revert to its original amount. (Brown)
Case 45-96 was continued automatically to July 25, 2018.
6.4 Consider request for Case 145-17 by respondent(s) Pelican Walk Plaza Investors LLC at
483 Mandalay Ave. to reduce the fine re violations signage and temporary signs; and if
approved, issue an order that specifies administration costs and establishes a date
payable or the lien will revert to its original amount. (Brown)
Attorney Brian Aungst, representing the property owner, said he worked
with staff to bring the property into compliance once he became aware of
the violation. He said the property was under contract to sell with a July
20, 2018 closing date. He requested that the fine be reduced to
administration costs, contingent on a closing date within 60 days.
Attorney Fioni said the City supported reduction of the $36,600 fine to
administration costs of$1,720.20 contingent on closing the sale of the
property within 60 days.
Attorney Fioni submitted composite exhibits.
Member Prast moved to enter an order reducing the fine for Case
145-17 to administration costs of$1,720.20 contingent on closing
the sale of the property within 60 days payable within 60 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 June 27, 2018, and based
upon the evidence presented, enters the following Findings of Fact,
Conclusions of Law, and Order.
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City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes June 27, 2018
After considering the request for reduction of the lien and considering that
the property is now in compliance, it is evident that a reduction in the
amount of the lien is appropriate in the above - referenced case.
It is the Order of this Board that the lien previously imposed in the Order
of the Board dated December 20, 2017, as recorded in O.R. Book 20011,
Pages 679 — 680 of the public records of Pinellas County, Florida, is
hereby reduced, contingent on sale of the property closing by August 26,
2018, to administration costs of $1,720.20 payable to the Petitioner within
60 days from the date the Order is sent certified mail. If the reduced lien
amount is not paid within the time specified in this Order, a lien in the
original amount of $36, 600.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 27th day of June 2018, at Clearwater,
Pinellas County, Florida.
7. Nuisance Abatement Lien Filings
7.1 Accept the Nuisance Abatement Lien Filings as listed.
8. Adjourn
Attest:
LORENZO COLLINS SR
DELORES COLLINS
1447 DRUID RDPNU2018 -00446
14- 29 -15- 00000 - 330 - 0200$220.00
Member Johnson moved to accept the Nuisance Abatement Lien
filings. The motion was duly seconded and carried unanimously.
The meeting adjourned at 4:15 p.m.
Chair,
Secretary to the B .ard
City of Clearwater
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ipal ode Enforcement Board