04/21/2021 - Civil Citation Appeal HearingsPresent:
CIVIL CITATION APPEAL HEARINGS
CITY OF CLEARWATER
APRIL 21, 2021
Nancy Mag Special Magistrate
Matthew Smith Senior Assistant City Attorney
James Perz Police Officer
Stephanie Beruvides Paralegal
Nicole Sprague Deputy City Clerk
The meeting was called to order at 1:10 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.
3. Citizens to be Heard Regarding Items Not on the Agenda: None.
4. New Business
4.1 Case CW20-120161 — Violation of Code for Prohibited Mooring: Respondent Jack Velar
Brawley
Officer Perz said that on September 3, 2020, he started the derelict vessel process on a
a 27 foot 1977 sail vessel with a Florida boat registration of FL2230RM which had run aground
in the mangroves, south of Memorial Causeway. The registered owner of the vessel is Lisa
Tilley, however, she sold the vessel to Jack Brawley, who signed the title. Officer Perz said the
vessel is a navigational hazard to other boaters, especially when it is dark. The vessel meets
the criteria as a derelict vessel as it cannot move itself without mechanical assistance and will
require a contractor to remove it.
In response to a question, Officer Perz said the vessel sits in the water during high tide
and sits on the ground during low tide. The vessel was never registered in Mr. Brawley's name.
Mr. Brawley's contact information was obtained using police resources.
Officer Perz said the fee for the approximately 6 hours of time spent on the case is
$174.84. Based on information received from the City Attorney's office, the removal of the boat
will cost approximately $5, 400.00.
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 $5400.00 for the vessel removal, $174.84 for investigative costs, $105.00 for civil penalty and
$50.00 for administrative fees totaling $5, 729.84.
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4.2 Case CW21-14557 — Violation of Code for Prohibited Mooring: Respondent Rov V.
Luttrull
Officer Perz said that on February 2, 2021, he started the derelict vessel process on a
28 foot sailboat with a Florida boat registration of FL6514AV which had run aground along the
south side of Memorial Causeway. The registered owner of the vessel is Roy V. Luttrull. Officer
Perz made contact with the registered owner who said he did not have the financial means to
remove the boat and would not be doing so. The vessel meets the criteria as a derelict vessel
as it cannot move itself without mechanical assistance and will require a contractor to remove it.
In response to a question, the Deputy City Clerk said the certified green card was
returned.
Officer Perz said the fee for the approximately 6 hours of time spent on the case is
$174.84. Based on information received from the City Attorney's office, the removal of the boat
will cost approximately $5, 600.00.
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 $5600.00 for the vessel removal, $174.84 for investigative costs, $105.00 for civil penalty and
$50.00 for administrative fees totaling $5, 929.84.
5. Adiournment
The meeting was adjourned at 1:32 p.m.
Attest:
SP 9 -cial Ma istri
Deputy ity Clerk
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