03/17/2021 - Civil Citation Appeal HearingsPresent:
CIVIL CITATION APPEAL HEARINGS
CITY OF CLEARWATER
MARCH 17, 2021
Nancy Mag Special Magistrate
Matthew Smith Senior Assistant City Attorney
Ryan McMullen Police Officer
Nathan Burnside Police Lieutenant
Stephanie Beruvides Paralegal
Nicole Sprague Deputy City Clerk
The meeting was called to order at 1:00 p.m. in Council Chambers at the Main Library
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
2. Accept the meeting minutes of the February 17, 2021 Civil Citation Appeal Hearings as
submitted in written summation.
The Magistrate accepted the minutes of the February 17, 2021 meeting.
3. Citizens to be Heard Regarding Items Not on the Agenda: None.
4. New Business
4.1 Case CW21-2077 — Violation of Code for Prohibited Mooring: Respondent Leon J.
Laferriere.
CW21-2077 — Officer Ryan McMullen. He said in the last week of 2020, CPD was
notified by PCSO of a sunken vessel in the jurisdiction of Clearwater. On Jan 5, the vessel was
discovered west of the land intersection of Sunset Point Rd and Edgewater Dr., west of the
ICW. It was confirmed that the vessel was indeed in the city of Clearwater jurisdiction. On the
same date, dive team members retrieved the registration numbers from the vessel which are
FL5679NW; it is a 17 -foot sailboat last registered to Leon Laferriere. The vessel is laying on its
submerged bottom on its port side, the starboard side is either a few inches below or above the
surface of the water, depending on the tide, which makes it an extremely dangerous
navigational hazard. On Jan 6, 2021, a five-day removal sticker was placed on the buoy,
marking the vessel. Due to its sunken state, the vessel will require mechanical assistance to be
removed from its location. Officer McMullen said that through his investigation, he has
determined the vessel to be derelict as it has been left in the City of Clearwater waterways in a
wrecked and sunken state, which is in violation of the City code. He said on January 7, 2021,
he submitted a civil citation which was mailed via certified mail to Mr. Laferriere on February 1,
2021. Officer McMullen stated that the buoy attached to the vessel was placed there by the
Clearwater Police Department as a marker for other boats navigating the waterway. He
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presented pictures of the submerged vessel that were taken by the dive team showing the
vessel's registration number.
In response to questions, Officer McMullen said the five-day sticker was placed on the
buoy on January 6, 2021. The Deputy City Clerk said the certified and first-class mail was
returned undeliverable.
Assistant City Attorney Matthew Smith said that although the certified and first-class mail
was returned, Article VII of Clearwater Community Development Code states that any vehicles,
vessels, or equipment which have a visible state license or registration, notice may be
provided to the registered owner of the vehicle, vessel, or equipment by certified mail to the
owner's record address for the license or registration. He said the owner did have notice by
the posting on the buoy and that by statute, boat owners are required to keep their registration
up to date.
In response to a question, Lieutenant Burnside said the cost to remove the vessel is
$1,955.00 and approximately 5 hours of time was spent on the investigation at $27.15 per
hour totaling $135.75.
Attorney Smith said that by failing to appear at the hearing today, the owner of the
vessel waives their defense per Article VII.
Based on the evidence and testimony given, the Magistrate declared the vessel is
derelict under City of Clearwater code Article VII Sec 33.055 and award the City fees and costs
of $1, 955.00 for the vessel removal, $135.75 for investigative costs, $105.00 for civil penalty
and $50.00 for administrative fees totaling $2, 245.75.
5. Adjourn
The meeting was adjourned at 1:13 p.m.
Deputy City Clerk
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