The Safety Harbor Code Enforcement Board found that a property at 1231 Willowwick Circle was not in compliance with a board order as of Aug. 26 but was in compliance on Sept. 3, creating a seven-day violation period, the board said at its September hearing. The board accepted the city’s affidavit of noncompliance and later accepted an affidavit of compliance, each by 6-0 votes.
Why it matters: The finding documents a short period of noncompliance that could affect fines or other enforcement outcomes; the respondent was told he may appeal the board’s decision within 30 days or file a petition for consideration of fine.
The city presented documentary evidence including the notice of hearing, affidavits of posting, and photographs dated Aug. 26, Sept. 2 and Sept. 3. "My name is Paul Bushey, community compliance officer for the City of Safety Harbor," said Paul Bushey during the presentation of evidence. Bushey testified that a debris pile remained on Aug. 26 and again on Sept. 2, and that the pile was removed by Sept. 3 when it was containerized for regular pickup.
The respondent, Douglas Haluba, challenged aspects of the city’s handling of the case and proffered documents that the board marked as offered but did not receive into evidence. The chair ruled earlier that proffered documents relating to the respondent’s complaints about scheduling and records would be "proffered but not received," noting the city’s objection on relevance.
Board members questioned timing and whether Haluba had taken steps to notify the city after he believed he had cured the violation. Haluba told the board he believed he was in compliance by the evening of Aug. 26 and said city sanitation later collected the materials. The city’s photographs include an Aug. 26 image that the city argued shows the debris remained at the compliance deadline and a Sept. 3 image showing the debris gone after it had been containerized.
After discussion, the board voted to accept the city’s affidavit of noncompliance for case CEB 25-O458 (vote tally: 6-0). The board then voted to accept the affidavit of compliance for the same case (vote tally: 6-0). The attorney for the board summarized the board’s written finding that the property was not in compliance by the compliance date set in the prior board order and that compliance was documented on Sept. 3, yielding seven days of violation. "You have the opportunity to appeal the decision within 30 days," the attorney said.
Practical next steps for the respondent were described on the record: the board noted available appeal and petition processes and suggested consulting an attorney for appeal or petitions. The prosecution cost noted on the record remained $4.10; the board clerk told the respondent to consult the written order for the exact amounts and next steps.
The board closed public comment and moved on to other docketed cases.