08/22/2018 Municipal Code Enforcement Board Meeting Minutes August 22, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
m
® e
Meeting Minutes
Wednesday, August 22, 2018
1 :30 PM
Council Chambers
Municipal Code Enforcement Board
Page 1
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Roll Call
Present 5 - Chair Wayne Carothers, Vice Chair Robert Prast, Board Member
James Strickland, Board Member C. Daniel Engel, and Board
Member Sue A. Johnson
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 mayappeal a final administrative
order of the Municipal Code EnforcementBoard 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: None.
3. Citizens to be Heard Regarding Items Not on the Agenda: None.
4. New Business Items
4.1 Confirm the violation(s) for Case 126-18 for respondent(s) Pedro S. Landa at 811 '/2
Turner St. for unsafe building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
No one was present to represent the Respondent.
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell provided a PowerPoint presentation. Notices of
Violation were sent on February 7, 2016, February 28, 2008, November
5, 2012, and June 18 and 25 and July 6, 2018. The property was
landlocked. November 7, 2017 and July 9, 2018 property photographs
showed mold and mildew and deterioration of exterior surfaces, boarded
and broken windows, a missing wall air conditioner unit, holes through
joists and an exterior wall, deterioration of roof rafters and supporting joists,
collapsed roof over rear porch, unsanitary interior with rotten flooring,
Page 2
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
peeling tile, and improper plumbing, and exterior piles of debris. A
screenshot of City Utilities showed the property's domestic water service
and natural gas were shut off in March 2006. Ten police calls to the
property from 2009 to 2016 were for vagrancy, burglary, etc. The City
received many complaints re this property.
Inspector Cantrell recommended compliance by September 22, 2018 or
authorization for the City to take corrective action.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Prast moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the Respondent
to correct the violations on or before September 22, 2018. If the
Respondent does not comply within the time specified, the Board may
order the City to take all reasonable actions, including demolition,
which are required to bring the property into compliance, and charge
the Respondent with the reasonable costs which will become a lien on
the property. After 3 months from the recordation date of such lien, if
the costs 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 August 22, 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: unsafe building. The Respondent(s) was/were not present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code
Section(s) 3-1503, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall repair or replace
any areas where deterioration exists to meet current Florida building
codes. Complete demolition of the 2 structures is also an option for
compliance. All work must be properly permitted to comply with said
Section(s) of the Code by the deadline, September 22, 2018.
Page 3
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Past the date set for compliance, the City of Clearwater is authorized to
enter the property and correct the violation by any means necessary,
including demolition, and any reasonable costs to become a lien against
the property. 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.
Any actions taken do not create a continuing obligation on the part of the
City of Clearwater to take further actions to maintain the property unless
the City of Clearwater so chooses, and any action taken does not create
any liability against the City of Clearwater for any damages to the
property if the actions taken were completed in good faith.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector Jason Cantrell, who shall inspect the property and
notify the Board of compliance. If the Respondent(s) fails/fail to comply
within the time specified, a certified copy of the Order imposing the fine
may be recorded in the Public Records of Pinellas County, Florida, and
once recorded shall constitute a lien against any real property owned by
the Respondent(s), pursuant to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in
writing, and delivered to the City Clerk within 10 days of the postmark of
the written order. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the board's
decision. The written request for rehearing shall specify the precise
reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter, the Board will not hear oral
argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code
Enforcement Board by commencing appropriate proceedings in the
Circuit Court of Pinellas County within 30 days of the Order. Such an
appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement
Board. Florida Statute 286.0105 requires any party appealing a decision
of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.2 Confirm the violation(s) for Case 127-18 for respondent(s) David J Gangelhoff at 400 N
Garden Ave for unsafe building; and issue an order with the compliance deadline and fine
if compliance is not met. (Cantrell)
Page 4
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Cases 127 18 and 128-18 were presented and discussed together.
Charlie Wright said he was a 27-year employee of Gulf Marine. He said
owner David Gangelhoff passed away 18 months ago. In response to Mr.
Gangelhoff's wishes, the employees and his widow continued to operate
the business. He said he knew the property needed repairs.
Inspector Diane Devol said Gulf Marine repaired and stored boats and
sold trailers. After violations in 2012 for unregistered boats, trash and
debris, Mr. Gangelhoff had the property cleaned and reported he was
selling to developers, the MCEB granted him a lien reduction. The
business was operated on 3 parcels which now had 2 owners. Cases
127-18 and 128-18 cited this parcel for 7 violations, including unsafe
buildings.
Attorney Fuino said Mr. Gangelhoff's estate owned the property.
Inspector Duval provided a PowerPoint presentation. On June 15, 2018,
a Notice of Violation was issued. June 12 and 15, and August 21, 2018
property photographs showed 2 buildings without utilities in disrepair with
deteriorated exterior surfaces, collapsed roofs and, trailers, miscellaneous
parts, motors,junk, and trash scattered across the property, a collapsing
chain link fence with nonfunctioning gates abutting the public sidewalk,
and overgrowth around unlicensed boats and boat racks. The employees
had worked hard to clean up the property but it remained out of compliance.
Code Compliance Manager Terry Teunis said boat storage was not an
Approved use for this site.
Mr. Wright said Mr. Gangelhoff was an honorable man. He said Peter
Meroli had made a deposit on 2 of the parcels, Laurie Gangelhoff was the
mortgage holder. He said staff had removed 42 boats and worked hard to
clean up the property. He said staff planned to remove the roof from the
unsafe building, leaving the 4 walls. He said he took the violations seriously.
Inspector Jason Cantrell said a permit would be needed for the unsafe
buildings, walls lose stability without support. Both structures were unsafe.
Attorney Fuino said the property owner was responsible for obtaining
necessary permits. Building Official Kevin Garriott said architectural
engineer drawings were required to obtain permits to repair the unsafe
structures.
Inspector Cantrell recommended compliance by October 20, 2018 or
authorization for the City to take corrective action. Attorney Fuino
submitted composite exhibits.
Member Prast moved to enter an order finding the Respondent in
Page 5
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
violation of the City of Clearwater Code and requiring the
Respondent to correct the violations on or before October 20,
2018. If the Respondent does not comply within the time
specified, the Board may order the City to take all reasonable
actions, including demolition, which are required to bring the
property into compliance, and charge the Respondent with the
reasonable costs which will become a lien on the property. After
3 months from the recordation date of such lien, if the costs
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 August 22, 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: 2 unsafe buildings. 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) 3-1503.B.2, 47.161, & 3-1502.A, as referred to in the Affidavit
in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall repair or replace
any areas where deterioration exists. The buildings must be rebuilt or
repaired to meet current Florida building codes or demolish the
structures. All work must be properly permitted to comply with said
Section(s) of the Code by the deadline, October 20, 2018.
Past the date set for compliance, the City of Clearwater is authorized to
enter the property and correct the violation by any means necessary,
including demolition, and any reasonable costs to become a lien against
the property. 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 6
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Any actions taken do not create a continuing obligation on the part of the
City of Clearwater to take further actions to maintain the property unless
the City of Clearwater so chooses, and any action taken does not create
any liability against the City of Clearwater for any damages to the
property if the actions taken were completed in good faith.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector Jason Cantrell, who shall inspect the property and
notify the Board of compliance. If the Respondent(s) fails/fail to comply
within the time specified, a certified copy of the Order imposing the fine
may be recorded in the Public Records of Pinellas County, Florida, and
once recorded shall constitute a lien against any real property owned by
the Respondent(s), pursuant to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in
writing, and delivered to the City Clerk within 10 days of the postmark of
the written order. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the board's
decision. The written request for rehearing shall specify the precise
reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter, the Board will not hear oral
argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code
Enforcement Board by commencing appropriate proceedings in the
Circuit Court of Pinellas County within 30 days of the Order. Such an
appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement
Board. Florida Statute 286.0105 requires any party appealing a decision
of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.3 Confirm the violation(s) for Case 128-18 for respondent(s) David J Gangelhoff at 400 N
Garden Avenue for outdoor storage, lot clearing, abandoned building, fences and walls,
roof maintenance and exterior surfaces; and issue an order with the compliance deadline
and fine if compliance is not met. (Devol)
See Case 127-18 for presentation, testimony, and discussion
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Diane Devol recommended compliance by October 20, 2018
Page 7
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
or a fine of$200 per day per violation be imposed for outdoor storage, lot
clearing, abandoned building, fences and walls, roof maintenance and
exterior surfaces violations. Attorney Fuino submitted composite exhibits.
Member Johnson moved to enter an order requiring the
Respondent to correct the violations on or before October 20,
2018. If the Respondent does not comply within the time
specified, the Board may order a fine of $200 per day per violation
for each day each violation continues to exist. 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 August 22, 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 6
violations exist: outdoor storage, lot clearing, fences and walls, roof
maintenance, exterior surfaces and abandoned building. 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) 3-805.B, 3-808, 3-808.A.1, 3-808.A.5, 3-1502.D.1, 3-1502.D.3,
3-1502.K.1, 3-1503.A, 3-1503.B.1, 3-1503.B.3, 3-1503.B.7, & 3-1503.B.9
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 scattered throughout the property, including
dismantled engines, boats, boat trailers, tires, and all other
miscellaneous junk items, 2) Lot Clearing— Cut back and mow all
overgrowth and properly dispose of all trash and yard debris, 3) Fence
Maintenance - repair chain link fence so it is upright and vertical, the
fence face secured to support poles, and gates operable, 4) Roof
Maintenance — replace roof, 5) Exterior Surfaces— repair all rotten wood
and paint areas to match adjacent surfaces, and 6) Abandoned Building -
correct all code violations and activate utilities or demolish the structures
Page 8
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
to comply with said Section(s) of the Code by the deadline, October 20,
2018. The fine is $200.00 per day per violation for each and every day
each violation continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector Diane Devol, who shall inspect the property and
notify the Board of compliance. If the Respondent(s) fails/fail to comply
within the time specified, a certified copy of the Order imposing the fine
may be recorded in the Public Records of Pinellas County, Florida, and
once recorded shall constitute a lien against any real property owned by
the Respondent(s), pursuant to Chapter 162, Florida Statutes.
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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.4 Confirm the violation(s) for Case 129-18 for respondent(s) Tsetse LLC at 314 N Garden
Ave. for unsafe building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Cases 129-18 and 133-18 were presented and discussed together.
James Meroli, representing his father property owner Peter Meroli,
denied the violations.
Page 9
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Inspector Jason Cantrell provided a PowerPoint presentation. Notices of
violation were issued on June 1 and 15, 2018. The property was cited for
6 violations, including unsafe buildings. June 12 and 15, July 17, and
August 9 and 21, 2018 property photographs showed 2 buildings in
disrepair with boarded doors and windows, deteriorating exterior surfaces,
and caved in and collapsing roofs, a portion of a building's wall collapsing
into the public right-of-way, and the fence leaning more than 10 degrees
with missing slats and broken boards and posts. An August 22, 2018
property photograph showed the collapsing wall was repaired without
required engineer plans or permit and remained unsafe.
James Meroli said his father had planned to develop the property and put
a $1 million deposit on it. Luigi Novembre said he was Peter Meroli's
business partner and did not know about the violations or today's hearing.
He said the property owner of 400 N. Garden Avenue was contractually
required to maintain the property after Peter Meroli purchased it.
Attorney Fuino said Peter Nacarella had accepted the Notice of Hearing.
Mr. Wright said Gulf Marine employees had done minimum repairs to the
collapsed wall for safety purposes, not obligation, to stop children from
entering the building.
Inspector Cantrell recommended compliance by October 20, 2018 or
authorization for the City to take corrective action.
James Meroli requested additional time to make repairs. He said he did
not know his father owned the property.
Concern was expressed that someone could get hurt if additional time
was granted.
Attorney Fuino submitted composite exhibits.
Member Strickland moved to enter an order finding the
Respondent in violation of the City of Clearwater Code and
requiring the Respondent to correct the violations on or before
October 20, 2018. If the Respondent does not comply within the
time specified, the Board may order the City to take all
reasonable actions, including demolition, which are required to
bring the property into compliance, and charge the Respondent
with the reasonable costs which will become a lien on the
property. After 3 months from the recordation date of such lien, if
the costs 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.
Page 10
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
This case came before the City of Clearwater Municipal Code
Enforcement Board on August 22, 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: 2 unsafe buildings. Representatives of the
Respondent(s) were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code
Section(s) 3-1502.A, 3-1503.B.2 & 47.161, as referred to in the Affidavit
in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall repair or replace
any areas where deterioration exists to meet current Florida building
codes. Complete demolition of the structures is also an option for
compliance. All work must be properly permitted to comply with said
Section(s) of the Code by the deadline, October 20, 2018.
Past the date set for compliance, the City of Clearwater is authorized to
enter the property and correct the violation by any means necessary,
including demolition, and any reasonable costs to become a lien against
the property. 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.
Any actions taken do not create a continuing obligation on the part of the
City of Clearwater to take further actions to maintain the property unless
the City of Clearwater so chooses, and any action taken does not create
any liability against the City of Clearwater for any damages to the
property if the actions taken were completed in good faith.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector Jason Cantrell, 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
Page 11
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
the Respondent(s), pursuant to Chapter 162, Florida Statutes.
The Respondent may request a rehearing of the decision of the Board, in
writing, and delivered to the City Clerk within 10 days of the postmark of
the written order. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the board's
decision. The written request for rehearing shall specify the precise
reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter, the Board will not hear oral
argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code
Enforcement Board by commencing appropriate proceedings in the
Circuit Court of Pinellas County within 30 days of the Order. Such an
appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Municipal Code Enforcement
Board. Florida Statute 286.0105 requires any party appealing a decision
of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.5 Confirm the violation(s) for Case 133-18 for respondent(s) Tsetse LLC at 314 N Garden
Ave. for fences and walls, roof maintenance, door and windows, and abandoned building;
and issue an order with the compliance deadline and fine if compliance is not met. (Devol)
See Case 129-18 for presentation, testimony, and discussion.
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 Cantrell recommended compliance by October 20, 2018 or a
fine of$200 per day per violation be imposed for the fences and walls,
roof maintenance, door and windows, and abandoned building violations.
Attorney Fuino submitted composite exhibits.
Member Johnson moved to enter an order requiring the
Respondent to correct the violations on or before October 20,
2018. If the Respondent does not comply within the time
specified, the Board may order a fine of $200 per day per violation
for each day each violation continues to exist. 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
Page 12
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
carried unanimously.
This case came before the City of Clearwater Municipal Code
Enforcement Board on August 22, 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: fences and walls, roof maintenance, doors and windows,
and abandoned building. Representatives of the Respondent(s) were
present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code
Section(s) 3-808, 3-808.A.1, 808.A.2, 808.A.3, 808.A.4, 3-808.A.5,
3-1502.C.2, 3-1502.C.3, 3-1502.D.1, 3-1503.B.1, 3-1503.B.2 &
3-1503.B.9, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Fence
Maintenance: repair fence so it is upright and vertical, secure fence face
to support posts, replace all missing or broken slats or replace entire
fence; 2) Roof Maintenance: replace roof, 3) Window Maintenance:
remove boards from all windows and doors and make all window and door
openings functional, and 4) Abandoned Buildings: correct all code
violations and activate utilities or demolish the structure to comply with
said Section(s) of the Code by the deadline, October 20, 2018. The fine
is $200.00 per day per violation for each and every day each violation
continues past the date set for compliance.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector Jason Cantrell, 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 13
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.6 Confirm the REPEAT violation(s) for Case 132-18 for respondent(s) Tsetse LLC at 314
N Garden Ave. for outdoor storage, lot clearing, exterior surfaces, and grass parking; and
issue an order with the compliance deadline and fine if compliance is not met. (Devol)
James Meroli, representing his father property owner Peter Meroli, said
he had not received information regarding the repeat violations. He said
Peter Nacarella rented the office next to his father and was not a Tsetse
LLC employee. He agreed repairs were needed.
Mr. Teunis requested Case 132-18 be continued due to the notification
dispute.
Member Prast moved to continue Case 132-18 to September 26,
2018. The motion was duly seconded and carried unanimously.
4.7 Confirm the violation(s) for Case 131-18 for respondent(s) Tsetse LLC at 405 N Ft.
Harrison Ave. for roof maintenance and door and window openings; and issue an order
with the compliance deadline and fine if compliance is not met. (Devol)
AND
4.8 Confirm the REPEAT violation(s) for Case 130-18 for respondent(s) Tsetse LLC at 405
N Ft. Harrison Ave. for outdoor storage, lot clearing, exterior surfaces, and grass parking;
and issue an order with the compliance deadline and fine if compliance is not met. (Devol)
Page 14
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Mr. Teunis requested that Cases 130-18 and 131-18 be continued.
It was requested that property ownership be verified.
Member Prast moved to continue Cases 130-18 and 131-18 to
September 26, 2018. The motion was duly seconded and carried
unanimously.
4.9 WITHDRAWN: Continued from June 27, 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 withdrawn.
4.10Continued from June 27, 2018 and continue to September 26, 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 September 26, 2018.
4.11 Continued from June 27, 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)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Strickland 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 August 22, 2018, after due notice to the
Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of
Law, and Order as follows:
Page 15
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.12 Continued from June 27, 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)
No one was present to represent the Respondent.
Page 16
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Inspector Julie Phillips 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 August 22, 2018, after due notice to the
Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of
Law, and Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the
condition(s) related to residential rental BTR (Business Tax Receipt) 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 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
Page 17
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.13Continued from June 27, 2018 - Confirm 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)
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 Julie Phillips recommended compliance by August 27, 2018 or
a fine of$250 per day per violation be imposed for residential rental BTR
(Business Tax Receipt) and illegal short term rental violations.
Attorney Fuino submitted composite exhibits.
Member Strickland 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 $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 August 22, 2018, after due notice to the
Respondent(s), and having heard testimony under oath and received
Page 18
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 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
Section(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) Business Tax
Receipt: submit application for local residential rental BTR (Business
Tax Receipt) with $31.50 payment. Violation will be in compliance once
application is approved and BTR issued and 2) Illegal Short Term
Rental: rent property for at least 31 days or one calendar month
whichever is less, remove all daily and weekly rental rates, reviews and
discounts from websites, and have ALL websites and calendars 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, August 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 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
Page 19
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.14Confirm the violation(s) for Case 115-18 for respondent(s) Egg Platter III Inc at 19042 US
Highway 19 for parking lot surfaces, exterior surfaces, exterior storage, and graffiti; and
issue an order with the compliance deadline and fine if compliance is not met. (Cantrell)
No one was present to represent the Respondent.
Inspector Jason Cantrell said the property had 4 violations. Compliance
had been met for 2 violations. He requested a declaration of violation for
exterior storage and graffiti.
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
exterior storage and graffiti, those violations were corrected prior to
today's hearing, and to enter an order that no fine be imposed against
the Respondent for exterior storage and graffiti. If the Respondent
repeats those violations, 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 Cantrell said the 2 violations for parking lot surfaces and
exterior surfaces had not been corrected.
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 for
parking lot surfaces and exterior surfaces. The motion was duly
seconded and carried unanimously.
Inspector Cantrell recommended compliance by September 22, 2018 or
a fine of$250 per day per violation be imposed for parking lot surfaces
and exterior surfaces. Attorney Fuino submitted composite exhibits.
Page 20
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Member Johnson moved to enter an order requiring the
Respondent to correct the violations for parking lot surfaces and
exterior surfaces on or before September 22, 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 August 22, 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: parking lot surfaces and exterior surfaces.
It also is evident that conditions related to exterior storage and graffiti
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) 3-1403.A and 3-1502.B, as referred to in the Affidavit in this case.
The Respondent(s) was/were in violation of City of Clearwater Code
Section(s) 3-1502.F.1, 3-1502.F.3, 3-1502.G.2, 3-1502.G.3 and 3-1504
as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall: 1) Parking
Surfaces— obtain necessary permits and repair or repave the parking lot
surfaces and 2) Exterior Surfaces - repair or replace broken or missing
surfaces of the building including front door glass and paint or pressure
wash the exterior to present a clean appearance to comply with said
Section(s) of the Code by the deadline, September 22, 2018. The fine is
$250.00 per day per violation for each and every day each violation
Page 21
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
continues past the date set for compliance.
It is the Order of this Board that no fine will be imposed against the
Respondent(s) for the conditions related to exterior storage and graffiti. 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 Jason Cantrell, 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 22nd of August 2018, at Clearwater,
Pinellas County, Florida.
4.15WITHDRAWN: Confirm the violation(s) for Case 116-18 for respondent(s) Imperial
Square LLC at 1458 S Belcher Rd. for a development code violation (electronic
gambling); and issue an order with the compliance deadline and fine if compliance is not
met. (Cantrell)
Page 22
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Case 116-18 was withdrawn.
4.16Confirm the violation(s) for Case 117-18 for respondent(s) Surf Style Clearwater Beach
Condo Assn Inc. at 311 S Gulfview Blvd. for signage without permits; and issue an order
with the compliance deadline and fine if compliance is not met. (Knight)
Joseph Chaney, representing the property owner, admitted to the violation.
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Knight said Mr. Chaney was working to correct the
violation. He recommended compliance by September 22, 2018 or a fine
of$200 per day be imposed for the signage without permits violation.
Inspector Knight provided March 1, April 17, June 12, and August 20,
2018 property photographs of violations at 311 S Gulfview Blvd. for
signage for parking rates, beach access, and lowest priced parking
added without approval under the Comprehensive Sign Program. The
process to amend the sign program was taking longer than anticipated.
Mr. Chaney anticipated the process would be completed before
September 22, 2018.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before September 22, 2018. If the
Respondent does not comply within the time specified, the Board
may order a fine of $200 per day for each day the violation
continues to exist. 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 August 22, 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: signage without permits. A representative of the
Page 23
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Respondent(s) was present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code
Section(s) 4-1002. & 4-1008.E, as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall remove all
signage at the property that was erected without approval through the
Comprehensive Sign Program and do not re-erect any new permanent
signage unless an amendment is made to the current Comprehensive
Sign Program in place at the property to comply with said Section(s) of
the Code by the deadline, September 22, 2018. The fine is $200.00 per
day for each and every day the violation continues past the date set for
compliance.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector 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
Page 24
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
of this Board to have a record of the Board's proceedings.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.17Confirm the violation(s) for Case 118-18 for respondent(s) E & G 674 Properties LLC at
644 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.
Inspector Daniel Knight 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 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 August 22, 2018, after due notice to the
Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of
Law, and Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the
condition(s) related to 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
Page 25
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.18Confirm the violation(s) for Case 119-18 for respondent(s) Jared P. Cole at 1955 Gilbert
St. for fences and walls, exterior surfaces, and roof maintenance; and issue an order with
the compliance deadline and fine if compliance is not met. (Stewart)
Property owner Jared Cole 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 Allie Stewart said compliance had been met for the fences and
walls violation and requested a declaration of violation.
Member Prast moved to find the Respondent was in violation of the
City of Clearwater Code re fences and walls 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.
Inspector Allie Stewart recommended compliance by September 24,
2018 or a fine of$150 per day per violation be imposed for exterior
surfaces and roof maintenance violations. March 29, June 6, and August
Page 26
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
15 and 20, 2018 property photographs showed the violations and repair
efforts. Exterior surfaces had rotted wood and missing siding. The roof
had missing shingles.
Mr. Cole said a City tree had fallen on his house during Hurricane Irma.
He said City workers told him the City would repair the roof that was
damaged during removal of the tree. He said the City repaired the
sidewalk, apron, and curb but he had heard nothing re the roof repair.
Mr. Teunis said the case would need to be referred to Risk Management.
Attorney Fuino said the City would support extending the compliance
deadline to 60 days. Official approval was needed for any payment on
behalf of the City. He submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violations on or before October 24, 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 August 22, 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 roof maintenance.
It also is evident that conditions related to fences and walls existed,
however, it is further evident these conditions were corrected prior to this
hearing.
The Respondent(s) was/were present
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of the City of Clearwater Code
Section(s) 3-1502.B, 3-1502.D.1 and 3-1502.D.3 as referred to in the
Affidavit in this case.
Page 27
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
The Respondent(s) was/were in violation of City of Clearwater Code
Section(s) 3-803.A, 3-808, 3-808.A.1, 3-808.A.2, 3-808.A.4, 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) Exterior
Surfaces - repair or replace all rotted wood on the home including siding,
pressure wash the home again if needed, repaint the home to match the
rest of the structure, and pull necessary permits that may be required to
bring the property into compliance and 2) Roof Maintenance - replace all
missing shingles to make the roof water tight, pressure wash to remove
all dirt and mildew, and pull any permits that may be required to bring the
property into compliance to comply with said Section(s) of the Code by
the deadline, October 24, 2018. The fine is $150.00 per day per violation
for each and every day each violation continues past the date set for
compliance.
It is the Order of this Board that no fine will be imposed against the
Respondent(s) for the conditions related to fences and walls. 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 Allie Stewart, who shall inspect the property and notify the
Board of compliance. If the Respondent(s) fails/fail to comply within the
time specified, a certified copy of the Order imposing the fine may be
recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real property owned by the
Respondent(s), pursuant to Chapter 162, Florida Statutes.
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.
Page 28
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 22nd of August 2018, at Clearwater,
Pinellas County, Florida.
4.19Continue to September 26, 2018: Confirm the violation(s) for Case 120-18 for
respondent(s) Veronica Zerman at 301 N Madison Ave. for exterior surfaces, roof,
landscape maintenance, and parking lot surfaces; and issue an order with the
compliance deadline and fine if compliance is not met. (Jewett)
Case 120-18 was continued automatically to September 26, 2018.
4.20WITHDRAWN: Confirm the violation(s) for Case 121-18 for respondent(s) 212 N
Madison Land Trust at 212 N Madison Ave. for exterior surfaces, exterior storage,
parking lot surfaces, and a public health, safety or welfare nuisance (pool); and issue an
order with the compliance deadline and fine if compliance is not met. (Jewett)
Case 121-18 was withdrawn.
4.21 Confirm the violation(s) for Case 122-18 for respondent(s) Joseph W Faw & William
Lesley Williams III at 117 Devon 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.
Inspector 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 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 August 22, 2018, after due notice to the
Respondent(s), and having heard testimony under oath and received
Page 29
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
evidence, the Board issues the following Findings of Fact, Conclusions of
Law, and Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the
condition(s) related to 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.B & 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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.22Confirm the violation(s) for Case 123-18 for Christopher & Crystal Carpenter
respondent(s) at 1624 Rainbow Dr. for short term rental and residential rental business
tax receipt; and issue an order with the compliance deadline and fine if compliance is not
met. (Phillips)
Page 30
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
No one was present to represent the Respondent.
Inspector 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 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 August 22, 2018, after due notice to the
Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of
Law, and Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the
condition(s) related to illegal short-term rental and residential rental BTR
(Business Tax Receipt) existed, however, it is further evident this/these
condition(s) was/were corrected prior to this hearing. The Respondent was
not present and had no representation.
CONCLUSIONS OF LAW
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
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
Page 31
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
4.23Confirm the violation(s) for Case 147-18 for respondent(s) Anthony Dorner at 511
Orangeview Ave. for lot clearing; and issue an order with the compliance deadline and
fine if compliance is not met. (Della Volpe)
No one was present to represent the Respondent.
Inspector Stephen Della Volpe said compliance had been met and
requested a declaration of violation. He provided a PowerPoint
presentation. His inspection was complaint driven. 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 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 August 22, 2018, after due notice to the
Respondent(s), and having heard testimony under oath and received
evidence, the Board issues the following Findings of Fact, Conclusions of
Law, and Order as follows:
FINDINGS OF FACT
Based on the testimony and evidence received, it is evident the
condition(s) related to lot clearing existed, however, it is further evident
Page 32
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
this/these condition(s) was/were corrected prior to this hearing. The
Respondent was not present and had no representation.
CONCLUSIONS OF LAW
The Respondent(s) was/were in violation of City of Clearwater Code
Section(s) 3-1502.H.3 & 3-1503.B.7 as referred to in the Affidavit in this
case.
ORDER
It is the Order of this Board that no fine will be imposed against the
Respondent(s). If the Respondent(s) repeats/repeat the violation
referenced herein within five years, the Board may order the
Respondent(s) to pay a fine of up to $500.00 for each day the repeat
violation continues.
The Respondent may request a rehearing of the decision of the Board, in
writing, and delivered to the City Clerk within 10 days of the postmark of
the written order. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing
involved an error on a ruling of law which was fundamental to the Board's
decision. The written request for rehearing shall specify the precise
reasons therefor. Upon receipt of a request for rehearing, the Board shall
determine whether or not to rehear the matter, the Board will not hear oral
argument or evidence when making this decision.
Any aggrieved party may appeal a final Order of the Municipal Code
Enforcement Board to the Circuit Court of Pinellas County within 30 days
of the execution of the Order to be appealed or after final disposition of
the request for rehearing of the Order to be appealed. Florida Statute
286.0105 requires any party appealing a decision of this Board to have a
record of the proceedings.
DONE AND ORDERED this 22nd day of August 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.
Page 33
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
5.1.1 Case 94-17 Affidavit of Compliance
Trust No 705
Milan Trust Holdings LLC Tre
705 Oak Ave.
Exterior Surfaces - Fletcher
5.1.2 Case 130-17 Affidavit of Compliance
Trust No. 705
705 Oak Ave.
Residential Rental BTR - Harris
5.1.3 Case 136-17 Affidavit of Compliance
Eduart & Elena Papadhami
1316 Pierce St.
Exterior Surfaces/Fences - Knight
5.1.4 Case 47-18 Affidavit of Compliance
Rustlewood Condo Assn Inc.
2650 Countryside Blvd. Common Area
Landscaping - Brown
5.1.5 Case 83-18 Affidavit of Compliance
Encon Asso Ltd Ptnshp
26210 US Highway 19
Comp Sign Approval (Signage w/o Permits) - Knight
5.1.6 Case 85-18 Affidavit of Compliance
Highland Mini Storage
1615 Highland Ave.
Sign Maintenance/Window Signs - Knight
5.1.7 Case 90-18 Affidavit of Compliance
Patricia K Anderson-Lux
518 N Saturn Ave.
Exterior Surfaces - Brown
5.1.8 Case 91-18 Affidavit of Compliance
1722 Kenneth Place Land Trust
1722 Kenneth PI
Hauling Trailer - Brown
5.1.9 Case 92-18 Affidavit of Compliance
Barbara Hernandez-Vega
1726 Kenneth PI
Exterior Surfaces/Exterior Storage - Brown
Page 34
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
5.1.10 Case 93-18 Affidavit of Compliance
Susanne C Mori & T Chris Souleles
1734 Kenneth PI A
Residential Grass Parking/Exterior Storage - Brown
5.1.11 Case 94-18 Affidavit of Compliance
Frank Charles Freeman
1305 S Madison Ave.
Fences &Walls/Lot Clearing/Exterior Storage - Fletcher
5.1.12 Case 102-18 Affidavit of Compliance
Louis & Angeline Chaconas
1736 Drew St.
Parking Lot Surfaces/Exterior Surfaces
Member Prast moved to accept the Affidavits of Compliance for Cases
94 17, 130 17, 136 17, 47 18, 83 18, 85 18, 90 18, 91 18, 92 18, 93 18, 94
18, and 102 18. The motion was duly seconded and carried
unanimously.
5.1.13 Case 107-18 Affidavit of Non Compliance
Lourdes T Santiago
300 Windward Is
Residential Rental BTR/Short Term Rental - Phillips
No one was present to represent the Respondent.
Member Prast moved to accept the Affidavit of Non-Compliance and
issue the Order imposing fines that also states 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.
The Municipal Code Enforcement Board received the Affidavit of
Non-Compliance of Code Inspector Julie Phillips in the
above-referenced case at the Board meeting held Wednesday, August
22, 2018, and based on the evidence, the Municipal Code Enforcement
Board enters the following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
Based on the Affidavit of Non-Compliance, it is evident the Property is in
violation of the City of Clearwater Code. The Respondent was not present
and had no representation.
CONCLUSIONS OF LAW
Page 35
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
The Respondent(s) is/are in violation of Section(s) 3-2302, 1-104.8 &
3-919 of the City of Clearwater Florida Code, in that the Respondent(s)
has/have failed to remedy the cited violation for exterior surfaces and
has/have not complied with the Order of this Board dated June 27, 2018.
ORDER
In accordance with the Board's Order dated June 27, 2018, it is the Order
of this Board that the Respondent(s) pay a fine of$250.00 per day per
violation for each and every day each violation continues past July 5,
2018, which was the date set for compliance.
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.
A fine imposed pursuant to Chapter 162 of the Florida Statutes continues
to accrue until the violator(s) comes/come into compliance or until
judgment is rendered in a suit to foreclose on a lien filed pursuant to
Chapter 162, whichever occurs first.
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 22nd day of August 2018, at Clearwater,
Page 36
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Pinellas County, Florida.
5.1.14 Case 79-18 Affidavit of Non Compliance - Continued from July 25, 2018
Abid Ralman Dilber Chaudry
1052 Sunset Point Rd.
Exterior Surfaces - Stewart
James Meroli and Luigi Novembre, representing property manager Peter
Meroli, disputed the Affidavit of Non Compliance, stating the exterior
surfaces violation was corrected prior to the compliance date.
Inspector Allie Stewart provided a PowerPoint presentation. On May 23,
2018, the MCEB issued an order requiring the property to be in
compliance by June 6, 2018. At the July 25, 2018 MCEB meeting,
James Meroli and Peter Meroli disputed the Affidavit of
Non-Compliance, claiming all violations were corrected before the
compliance date. James Meroli, Mr. Teunis, Inspector Phillips, and
Inspector Stewart attended an onsite meeting the next day, July 26, 2018.
Property tenant Jimmy Brooks signed an affidavit stating he painted the
structure at 1052 Sunset Point Road on July 24, 2018. Staff concluded
the structure was in compliance and issued an Affidavit of Compliance
dated July 24, 2018.
Property photographs on February 2, March 2, and June 12, 2018
showed exterior surfaces had missing and chipped paint, a line of
unpainted surface at ground level, and significant mildew and mold on
rear surfaces. Property photographs on July 26, 2018 showed the
structure had been painted, the paint extended to the ground, and run off
from the air-conditioner was discoloring the new paint.
Mr. Moreli said rain had delayed compliance. He said he sent property
photographs to Inspector Stewart, asking what needed to be done. He
said the paint on the windowsill had chipped when he installed a new
window. He said he called Inspector Stewart every couple of days but his
calls were not returned.
It was questioned why the tenant painted the structure on July 24, 2018 if
the building was painted previously.
Mr. Moreli said he kept doing things to the property. He said he asked the
City what needed to be done on July 7 and 8, 2018.
Mr. Novembre said he was a business partner with the property owner. He
said the deadline was on top of him when he realized the person
managing the property had dropped the ball. He said rainy weather
delayed compliance. He said the back of the house was painted before
July 24, 2018. He said the tenant's affidavit only referenced painting the
Page 37
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
chipped windowsill.
Inspector Stewart said she was not scheduled to be at her desk at specific
times. She said she returned all calls.
Member Prast moved to accept the Affidavit of Non-Compliance and
issue the Order imposing fines that also states 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.
The Municipal Code Enforcement Board received the Affidavit of
Non-Compliance of Code Inspector Allie Stewart in the above-referenced
case at the Board meeting held Wednesday, August 22, 2018, and
based on the evidence, the Municipal Code Enforcement Board enters
the following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
Based on the Affidavit of Non-Compliance, it is evident the Property is in
violation of the City of Clearwater Code. Representatives of the
Respondent(s) were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of Section(s) 3-1502.B of the City of
Clearwater Florida Code, in that the Respondent(s) has/have failed to
remedy the cited violation for exterior surfaces and has/have not
complied with the Order of this Board dated May 23, 2018.
ORDER
In accordance with the Board's Order dated May 23, 2018, it is the Order
of this Board that the Respondent(s) pay a fine of$250.00 per day for
each and every day the violation continues past June 6, 2018, which was
the date set for compliance.
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.
A fine imposed pursuant to Chapter 162 of the Florida Statutes continues
to accrue until the violator(s) comes/come into compliance or until
judgment is rendered in a suit to foreclose on a lien filed pursuant to
Chapter 162, whichever occurs first.
Page 38
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
5.1.15 Case 81-18 Affidavit of Non Compliance - Continued from July 25, 2018
Tsetse LLC
1058 Sunset Point Rd.
Exterior Surfaces - Stewart
James Meroli, representing the property owner, said he had photographs
showing the property was in compliance. He said he had scrubbed
mildew off the fence as directed by Mr. Teunis. He said he had applied
for a demolition permit for the coach house.
Inspector Allie Stewart said not all exterior surfaces were in compliance.
She had explained to Mr. Meroli that all exterior surfaces on all sides of
structures needed to comply with Code. She provided a PowerPoint
presentation. On May 23, 2018, the MCEB issued an order requiring the
property to be in compliance by June 6, 2018. On June 12, 2018, she
inspected the property and found the violation for exterior surfaces still
existed and issued an Affidavit of Non Compliance. At the July 25, 2018
MCEB meeting, James Meroli and Peter Meroli disputed the Affidavit of
Non-Compliance. James Meroli, Mr. Teunis, Inspector Phillips, and
Inspector Stewart attended an onsite meeting the next day, July 26, 2018.
Page 39
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
Staff concluded exterior surfaces at 1058 Sunset Point Road were in
violation of Code. Mr. Teunis and Mr. Meroli discussed razing the coach
house and Mr. Teunis provided information re obtaining a demolition
application. A demolition application was submitted to the City on August
10, 2018. On August 15, 2018, Permitting issued a letter to the contractor
indicating that the application had been reviewed and the contractor
needed to bring to the Permitting office: 1) updated contractor licensing
information, 2) business license, 3) recorded notice of commencement,
and 4) payment of fees. As of today, none of these actions had been taken.
Property photographs on March 1 and 16, 2018 showed the deteriorating
coach house. A property photograph on June 6, 2018 showed one side of
the red building had been painted a color that did not match the other
sides and had white patches and attached vines. Property photographs
on June 12, 2018 showed the coach house had rotted wood under a
window, mold and mildew on the back awning, and missing paint.
Property photographs on July 26, 2018 showed the coach house had
rotted wood under a window, a broken window, a row of rotted wood under
10 rear windows and mold and mildew on exterior surfaces and the red
building had rotten wood on a window and threshold and peeling paint on
a shutter. In July 2018, the side of the occupied coach house was
collapsing. Property photographs on August 22, 2018 showed the coach
house had rotted wood under all windows and the red building's windows
were not repaired and the shutter had peeling paint. Exterior surfaces on
the coach house and red building were out of compliance.
In response to a question, Inspector Stewart and Mr. Teunis said a time
extension had not been requested. Board Attorney Andy Salzman said
the property was not in compliance. He said it would be more appropriate
for the property owner to request a lien reduction at some point in the
future than to discuss a time extension at this point.
James Meroli said the process had been difficult. He did not know how to
get the sewer capped before demolition. He said every tenant was
ecstatic after one of the buildings was improved. He said after taking over
for the previous property manager he had 9 days to make repairs. He
said he hired crews to do the work, which took longer to accomplish.
Luigi Novembre, representing the property owner, said they had worked
as fast as they could, but were delayed by inclement weather.
Concern was expressed that it took the property owner from July 25 to
August 10 to apply for a demolition permit. Appreciation was expressed
for work completed but it was stated the property was not in compliance.
Member Strickland moved to accept the Affidavit of Non-Compliance
Page 40
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
and issue the Order imposing fines that also states 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.
The Municipal Code Enforcement Board received the Affidavit of
Non-Compliance of Code Inspector Allie Stewart in the above-referenced
case at the Board meeting held Wednesday, August 22, 2018, and
based on the evidence, the Municipal Code Enforcement Board enters
the following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
Based on the Affidavit of Non-Compliance, it is evident the Property is in
violation of the City of Clearwater Code. Representatives of the
Respondent(s) were present.
CONCLUSIONS OF LAW
The Respondent(s) is/are in violation of Section(s) 3-1502.B of the City of
Clearwater Florida Code, in that the Respondent(s) has/have failed to
remedy the cited violation for exterior surfaces and has/have not
complied with the Order of this Board dated May 23, 2018.
ORDER
In accordance with the Board's Order dated May 23, 2018, it is the Order
of this Board that the Respondent(s) pay a fine of$250.00 per day for
each and every day the violation continues past June 6, 2018, which was
the date set for compliance.
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.
A fine imposed pursuant to Chapter 162 of the Florida Statutes continues
to accrue until the violator(s) comes/come into compliance or until
judgment is rendered in a suit to foreclose on a lien filed pursuant to
Chapter 162, whichever occurs first.
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 41
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
5.2 Adopt additions to the Board Rules & Regulations as presented at the July 25, 2018
meeting.
Member Prast moved to adopt additions to the Board Rules &
Regulations as presented at the July 25, 2018 meeting. The motion was
duly seconded.
In response to a question, Mr. Teunis said the cost of repairs and
demolitions would be classified as administration costs and property
owners would be responsible for paying them.
Upon the vote being taken, the motion carried unanimously.
6. Other Board Action
6.1 Continued from June 27, 2018 - Consider request for Case 45-96 by respondent(s)
Charles Howard (Michael & Rebecca O'Rourke) at 1140 Palm Bluff St 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.
No one was present to represent the Respondent. Secretary to the Board
Nicole Sprague said the property owners lived in Colorado and had
asked her to present their request to reduce the lien. Ms. Sprague read
the request into the record. Administration costs were $5,644. Mr. Teunis
said the City supported the request. Attorney Fioni submitted composite
Page 42
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
exhibits.
Member Johnson moved to enter an order reducing the fine for
Case 45-96 to administration costs of $5,644 payable within 30
days of the Order's postmark 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 August 22, 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 June 6, 1997, as recorded in O.R. Book 10179, Page
2672 of the public records of Pinellas County, Florida, is hereby reduced
to administration costs of$5,644.00 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$22,950.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
6.2 Consider request for Case 20-17 by respondent(s) Naomi Surface (Valerie Sholtes) at
3382 Atwood Ct. to reduce the fine re exterior surfaces, fences, public health, safety or
welfare nuisance (pool), lot clearing, and inoperative vehicle; and if approved, issue an
order that specifies administration costs and establishes a date payable or the lien will
revert to its original amount. (Stewart)
No one was present to represent the Respondent.
Attorney Fioni said the City supported the request. He submitted
composite exhibits. Attorney Salzman said administration costs were
$2,519.20.
Member Johnson moved to enter an order reducing the fine for
Case 20-17 to administration costs of $2,519.20 payable within 30
days of the Order's postmark 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 August 22, 2018, and
Page 43
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 March 22, 2017, as recorded in O.R. Book 19571,
Pages 2460- 2470 of the public records of Pinellas County, Florida, is
hereby reduced to administration costs of$2,519.20 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$338,700.00 shall be recorded in the
public records of Pinellas County, Florida.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
6.3 Consider request for Case 44-15 by respondent(s) Eduart & Elena Papadami at 307
Avanda Ct. to reduce the fine re parking lot surfaces; and if approved, issue an order that
specifies administration costs and establishes a date payable or the lien will revert to its
original amount. (Fletcher)
Property owners Eduart and Elena Papadami requested a fine reduction.
He said he never received a letter re the 2015 violation. He said he was
not home when the property was staked. He said he wanted to pay the
reduced fine.
Mr. Teunis said the City made no recommendation. The property owner
had reported medical problems. Inspector Vicki Fletcher said the
apartment complex property was in compliance. Attorney Salzman said
administration costs were $1,330.20. Attorney Fioni submitted composite
exhibits.
Member Prast moved to enter an order reducing the fine for Case
44-15 to administration costs of $1,330.20 payable within 30 days
of the Order's postmark 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 August 22, 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
Page 44
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 16, 2015, as recorded in O.R. Book 20087,
Pages 1727-1728 of the public records of Pinellas County, Florida, is
hereby reduced to administration costs of$1,330.20 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$132,600.00 shall be recorded in the
public records of Pinellas County, Florida.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
6.4 Consider request for Case 136-17 by respondent(s) Eduart & Elena Papadami at 1316
Pierce St. to reduce the fine re exterior surfaces and fences; and if approved, issue an
order that specifies administration costs and establishes a date payable or the lien will
revert to its original amount. (Knight)
Property owners Eduart and Elena Papadami requested a fine reduction.
Inspector Daniel Knight made no recommendation. Attorney Salzman
said administration costs were $1,265,20.
Concern was expressed that fines for Cases 44-15 and 136-17 totaled
$166,000 covering a time the property owners collected rent for both
properties. It was stated landlords were responsible for maintaining
properties for the safety and comfort of renters.
Mr. Papadami said he did not know a lien existed.
Inspector Knight said the property was not in compliance on June 19,
2017. An Affidavit of Compliance was issued on July 17, 2018.
Attorney Fioni submitted composite exhibits.
Member Prast moved to enter an order reducing the fine for Case
136-17 to $3,000 payable within 30 days of the Order's postmark
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 August 22, 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
Page 45
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
the property is now in compliance, it is evident that a reduction in the
amount of the lien is appropriate in the above-referenced case.
It is the Order of this Board that the lien previously imposed in the Order
of the Board dated January 24, 2018, as recorded in O.R. Book 19934,
Pages 1128- 1131 of the public records of Pinellas County, Florida, is
hereby reduced to administration costs and additional fine totaling
$3,000.00 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
$34,800.00 shall be recorded in the public records of Pinellas County,
Florida.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
6.5 Consider request for Case 94-17 by respondent(s) Trust No 705 (Connell David Obrien)
at 705 Oak Ave. to reduce the fine re exterior surfaces; and if approved, issue an order
that specifies administration costs and establishes a date payable or the lien will revert to
its original amount. (Fletcher)
Property owner Connell David Obrien said the liens were against the
previous owner.
Mr. Teunis said the City supported the lien reduction. Attorney Salzman
said administration costs were $1,382.20. Attorney Fioni submitted
composite exhibits.
Member Johnson moved to enter an order reducing the fine for
Case 94-17 to administration costs of $1,382.20 payable within 30
days of the Order's postmark 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 August 22, 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 October 25, 2017, as recorded in O.R. Book 19838,
Pages 16 - 19 of the public records of Pinellas County, Florida, is hereby
reduced to administration costs of$1,382.20 payable to the Petitioner
within 30 days from the date the Order is sent certified mail. If the reduced
Page 46
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
lien amount is not paid within the time specified in this Order, a lien in the
original amount of$54,150.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
6.6 Consider request for Case 130-17 by respondent(s) Trust No 705 (Connell David Obrien)
at 705 Oak Ave. to reduce the fine re residential rental business tax receipt; and if
approved, issue an order that specifies administration costs and establishes a date
payable or the lien will revert to its original amount. (Fletcher)
Property owner Connell David Obrien said the liens were against the
previous owner. He said the property was empty and for sale.
Mr. Teunis said the City supported the lien reduction. Attorney Salzman
said administration costs were $1,213.20. Attorney Fioni submitted
composite exhibits.
Member Johnson moved to enter an order reducing the fine for
Case 130-17 to administration costs of $1,213.20 payable within
30 days of the Order's postmark 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 August 22, 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 October 25, 2017, as recorded in O.R. Book 19838,
Pages 20 - 23 of the public records of Pinellas County, Florida, is hereby
reduced to administration costs of$1,213.20 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$43,800.00 shall be recorded in the public records of
Pinellas County, Florida.
DONE AND ORDERED this 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
Page 47
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
6.7 Consider the Stipulation and Agreement for Case 19-18 for respondents T X Central R E
Investments LLC at 1201 Brigadoon Dr.
Attorney Fioni said he had been in communication with the property owner,
who had not returned the Stipulation and Agreement to him. He requested
the case be continued to a date uncertain.
Member Prast moved to continue Case 19-18 to a date uncertain. The
motion was duly seconded and carried unanimously.
7. Nuisance Abatement Lien Filings and Nuisance Abatement Cases
7.1 Accept the Nuisance Abatement Lien Filings as Listed.
7.1.1 PNU2018-00513
Sylvia A Burt
900 N Betty Lane
7.1.2 PNU2018-00333
Sreejaya Grass
1413 Stewart Blvd.
7.1.3 PNU2018-00804
Wheeler, Kirk Est
2000 Cleveland St.
Member Johnson moved to accept the Nuisance Abatement Lien
filings for PNU2018 00513, PNU2018 00333 and PNU2018 00804
and to enter an order for PNU2018 00804 finding the Respondent
in violation of the City of Clearwater Code and requiring the
Respondent to correct the violations within 5 days of the date of
the Board's order. If the Respondent does not comply within the
time specified, the City may take all reasonable actions, including
entry onto the property, to abate and maintain the nuisance, and
charge the Respondent with the reasonable costs which will
become a lien on the property. After 3 months from the
recordation date of such lien, if the costs 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.
Case PNU2018-00804, came before the City of Clearwater Municipal
Code Enforcement Board on August 22, 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 48
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
FINDINGS OF FACT
Based upon the testimony and evidence received, it is evident that 1
violation exists 3-1503.B.6 of the Clearwater Development Code. 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
Sections 3-1503.B.6 as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall be mechanically
operable, have 4 inflated tires, and display a current registration or be
garage kept and maintain the property on a regular basis to comply with
said Section(s) of the Code within 5 days from the date of this order.
If the Respondent(s) fail to correct the violation by the date set forth above,
the City of Clearwater may take all reasonable actions, including entry onto
the property, to abate and maintain the nuisance, and charge the
Respondent with the reasonable costs which will become a lien on the
property.
Any actions taken do not create a continuing obligation on the part of the
City of Clearwater to take further actions to maintain the property unless
the City of Clearwater so chooses, and any action taken does not create
any liability against the City of Clearwater for any damages to the
property if the actions taken were completed in good faith.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector Allie Stewart, who shall inspect the property and
notify the Board of compliance. If the Respondent(s) fails/fail to comply
within the time specified, a certified copy of this Order 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 reasonable costs incurred by the City of Clearwater in abating and
maintaining this property 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
Page 49
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
7.1.4 PNU2018 00980
Robitaille, Hildegard H Est
1288 Burma Ave.
Inspector Greg Dixon provided a PowerPoint presentation. The violation
was for overgrowth and lot clearing of the yard and landscape areas. On
July 27, 2018, the Notice of Violation was issued. July 25 and 27, and
August 7 and 16, 2018 property photographs showed the property
overgrown with vegetation. A screenshot showed 10 previous instances of
the City abating the property's landscaping. The property owner had
passed away and no relatives had come forward to claim the property. He
requested compliance within 5 days of the date of the Board's order and
requested the Board to authorize the Code Compliance Division to take
all reasonable actions, including entry onto the property, to abate and
maintain the nuisance and charge the violator with the reasonable costs
which will become a lien on the property.
Member Prast moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the Respondent
to correct the violations within 5 days of the date of the Board's order.
If the Respondent does not comply within the time specified, the City
may take all reasonable actions, including entry onto the property, to
abate and maintain the nuisance, and charge the Respondent with the
reasonable costs which will become a lien on the property. After 3
months from the recordation date of such lien, if the costs 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.
Page 50
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 22, 2018
This case came before the City of Clearwater Municipal Code
Enforcement Board on August 22, 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 3-1502.H.3 & 3-1503.B.7 of the Clearwater Development
Code. 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
Sections 3-1502.H.3 & 3-1503.B.7 as referred to in the Affidavit in this case.
ORDER
It is the Order of the Board that the Respondent(s) shall clear any
overgrowth/weeds/debris/brush, etc. and maintain the property on a
regular basis to comply with said Section(s) of the Code within 5 days
from the date of this order.
If the Respondent(s) fail to correct the violation by the date set forth
above, the City of Clearwater may take all reasonable actions, including
entry onto the property, to abate and maintain the nuisance, and charge
the Respondent with the reasonable costs which will become a lien on the
property.
Any actions taken do not create a continuing obligation on the part of the
City of Clearwater to take further actions to maintain the property unless
the City of Clearwater so chooses, and any action taken does not create
any liability against the City of Clearwater for any damages to the
property if the actions taken were completed in good faith.
Upon complying with said Section(s) of the Code, the Respondent(s)
shall notify Inspector Gregory Dixon, 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 this Order 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 reasonable costs incurred by the City of Clearwater in abating and
maintaining this property remain unpaid 3 months after the date this lien
is recorded, the City Attorney's office is authorized to foreclose, collect, or
Page 51
City of Clearwater
Municipal Code Enforcement Board
8. Adiourn
Attest:
Meeting Minutes August 22, 2018
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 22nd day of August 2018, at Clearwater,
Pinellas County, Florida.
The meeting adjourned at 4:45 p.m.
Chair, Municipal Code Enforcement
Secretary to he Board
City of Clearwater
Page 52