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Safety Harbor code board finds 281 Plymouth Street in violation, sets $150-per-day fine if property not cleaned

2126439 · January 16, 2025
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Summary

The Safety Harbor Code Enforcement Board on Jan. 15, 2025, found the owners of 281 Plymouth Street in violation of two city code sections, gave 30 days to comply and authorized $150-per-day fines beginning Feb. 14, 2025, plus $410 in administrative costs.

The Safety Harbor Code Enforcement Board found the owners of 281 Plymouth Street in violation of city code on Jan. 15, 2025, and ordered them to bring the property into compliance by Feb. 14, 2025, or face a $150-per-day fine beginning Feb. 14, 2025. The board also awarded the city $410 for administrative costs associated with prosecuting the case.

The board's finding followed a staff presentation that the house at 281 (also described in evidence as 281 Clements/Plymouth Street) has a fallen fence, an overgrown rear yard and no sanitary service, and has been vacant for an extended period. Paul Bushey, community compliance officer for the City of Safety Harbor, told the board the city received a resident complaint, could not reach the listed New Jersey address for the owners and that certified-mail and first-class notices and a notice of hearing went unanswered. "The property remains overgrown with a fence in disrepair and no sanitary service as of today, January 15, 2025," Bushey said while offering photographs into evidence.

Why it matters: Neighbors told the board the property is a nuisance and a possible health hazard. Darlene Frank, who said she lives two houses down, told the board residents believe the property has been empty far longer than city staff reported and that mold and tree-root issues have affected nearby homes. "The old [HOA] board did not care because they were getting money per month to pay for HOA fees," Frank said, adding that neighbors consider the property a "huge" health concern.

Board action and rationale: After staff presented the code sections cited and the city's documentary evidence — including tax appraiser and tax collector printouts, proof of mailed notices dated Dec. 3, 2024, and a notice of hearing mailed Jan. 3, 2025, and posted at the property — Board Member Jeff Dahl moved to find the respondents in violation of Section 5.26, subsection 58, and Section 11.02, subsection (a), of the Safety Harbor Code of Ordinances and to award the city $410 in costs. Holly Myers seconded. Board members then voted by roll call: Beth Cardona — aye; Carmen Lundy — aye; Holly Myers — aye; Christina Jackson — aye; Jeff Dahl — aye; Tom Shea — aye; Brian Hack — aye. The motion passed, 7-0.

Board members described the property as a neighborhood nuisance with potential health and safety implications if the interior cannot be assessed because it is sealed or inaccessible. The city recommended allowing 30 days to come into compliance and, if not achieved, imposing the daily fine as noted in the staff recommendation; the board adopted that recommendation.

Details and next steps: The city's staff asked the board to allow 30 days to bring the property into compliance; if the owners do not comply by Feb. 14, 2025, the board authorized a fine of $150 per day starting that date and continuing until the property is brought into compliance. The board also awarded the city $410 for administrative costs covering code enforcement and clerk time. The city entered photos and mailing affidavits into evidence at the hearing. No respondent appeared in person.

The board closed the case and moved on to compliance items later in the meeting.