10/24/2018 Municipal Code Enforcement Board Meeting Minutes October 24, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
e I
Meeting Minutes
Wednesday, October 24, 2018
1 :30 PM
Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes October 24, 2018
Roll Call
Present 7 - Chair Wayne Carothers, Vice Chair Robert Prast, Board Member
James Strickland, Board Member C. Daniel Engel, Board Member
Sue A. Johnson, Board Member Michael Mannino, Board Member
Sheila Cole
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. The Chair welcomed Member Cole and
thanked Member Strickland for his years of service on the Board.
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 may appeal a final administrative
order of the Municipal Code Enforcement Board 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
2.1 Approve the minutes of the July 25, 2018 and September 26, 2018 Municipal Code
Enforcement Board meetings as submitted in written summation.
Member Johnson moved to approve minutes of the July 25 and
September 26, 2018 Municipal Code Enforcement Board meetings
as submitted in written summation. The motion was duly
seconded and carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda: None.
4. New Business Items
4.1 Confirm the violation(s) for Case 160-18 for respondent(s) Gennadii Klygach at 1256
Jackson Rd. 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.
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Inspector Jason Cantrell presented photographs of the unsafe building
violations at 1256 Jackson Road. The site had no power or activity. The
property owners obtained a permit to cut and cap the sewer and applied
for a demolition permit. He recommended compliance by November26,
2018 or authorization for the City to take corrective action.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Mannino moved to require the Respondent to correct the
violation on or before November 26, 2018. If the Respondent does
not comply within the time specified, the City may 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.
4.2 Confirm the violation(s) for Case 161-18 for respondent(s) Amalia & Emmanuel Makryllos
at 1536 Palmetto St. for Unsafe Building; and issue an order with the compliance
deadline and fine if compliance is not met. (Cantrell)
Property owner Amalia Makryllos denied the violation.
Inspector Jason Cantrell presented photographs dating back to October
2017 of unsafe building violations at 1536 Palmetto Street.
Ms. Makryllos said she wanted to live in her house and knew its condition
was serious. She said she had not received any disbursements from the
insurance company and was supposed to hear from them 10 days ago.
She said she needed time to work with her attorney and insurance
company to resolve her claim. She said her attorney had filed a
complaint regarding the insurance company. She did not know if
mediation would occur or if her attorney had filed a lawsuit. She said her
attorney had indicated resolution would take 8 to 12 months.
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 November 26, 2018 or
authorization for the City to take corrective action.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation on or before November 26,
2018. If the Respondent does not comply within the time
specified, the City may take all reasonable actions, including
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Municipal Code Enforcement Board Meeting Minutes October 24, 2018
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.
4.3 Confirm the violation(s) for Case 148-18 for respondent(s) Good Shepherd Blvd LLC at
1746 Drew St. for Parking Lot Surfaces; 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 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.
4.4 Continue to November 28, 2019 - Confirm the violation(s) for Case 149-18 for
respondent(s) Pat's Pawn & Jewelry LLC at 321 Ft Harrison Ave. for Sign Maintenance;
and issue an order with the compliance deadline and fine if compliance is not met.
(Knight)
Case 149-18 was continued automatically to November 29, 2018.
4.5 Confirm the violation(s) for Case 150-18 for respondent(s) Precision Hotel Mgmt Co. at
1385 Park St. for Sign Maintenance; and issue an order with the compliance deadline
and fine if compliance is not met. (Knight)
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 Daniel Knight presented photographs of the sign maintenance
violation at 1385 Park Street. He said the freestanding sign panels were
in the respondent's office but had not been installed. He recommended
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Municipal Code Enforcement Board Meeting Minutes October 24, 2018
compliance by November 7, 2018 or a fine of$150 per day be imposed.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before November 7, 2018. If the
Respondent does not comply within the time specified, the Board
may order a fine of $150 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.
4.6 Confirm the violation(s) for Case 151-18 for respondent(s) G T B Retail LLC at 2849 Gulf
to Bay 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.
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 presented photographs of the violation for
temporary real estate, construction and lease signs at 2849 Gulf-to-Bay
Boulevard. Onsite businesses had removed the banners and were in
compliance. He had explained Code requirements for temporary signs to
property management. He recommended compliance by November 7,
2018 or a fine of$150 per day be imposed.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation on or before November 7,
2018. If the Respondent does not comply within the time
specified, the Board may order a fine of $150 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.
4.7 Confirm the violation(s) for Case 152-18 for respondent(s) Erol Kahraman at 2601
Brigadoon Dr. for Exterior Surfaces; and issue an order with the compliance deadline
and fine if compliance is not met. (Brown)
No one was present to represent the Respondent.
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Municipal Code Enforcement Board Meeting Minutes October 24, 2018
Inspector Shelby Brown 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.
4.8 Confirm the violation(s) for Case 153-18 for respondent(s) James Springer at 2801
Brigadoon Dr. for Exterior Surfaces and Window Maintenance; and issue an order with
the compliance deadline and fine if compliance is not met. (Brown)
No one was present to represent the Respondent.
Inspector Shelby Brown 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 violations were 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(s), the
Board may order a fine of up to $500 for each day each violation
continues to exist. The motion was duly seconded and carried
unanimously.
4.9 Confirm the violation(s) for Case 154-18 for respondent(s) Mark G Sikorski at 3601
Brigadoon Cir. for Exterior Surfaces; and issue an order with the compliance deadline
and fine if compliance is not met. (Brown)
Property owner Mark Sikorski admitted to the violation.
Member Mannino 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 Shelby Brown recommended compliance by November 7,
2018 or a fine of$150 per day be imposed. She presented photographs
of the exterior surfaces violation at 3601 Brigadoon Circle. The Notice of
Violation was issued in April.
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Mr. Sikorski said he had lost his job and was depending on
unemployment and food stamp benefits. He said he could make the
repairs himself but lacked money to purchase supplies. He requested
additional time to comply.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the
Respondent to correct the violation on or before December 31,
2018. If the Respondent does not comply within the time
specified, the Board may order a fine of $150 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.
4.10Confirm the violation(s) for Case 155-18 for respondent(s) S R P Sub LLC at 1401 S
Hibiscus St. for Exterior Surfaces and Roof Maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Jewett)
No one was present to represent the Respondent.
Inspector Eric Jewett 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 violations were 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(s), the
Board may order a fine of up to $500 for each day each violation
continues to exist. The motion was duly seconded and carried
unanimously.
4.11 Confirm the violation(s) for Case 158-18 for respondent(s) S W H 2017-1 Borrower LP at
1838 Seton Dr. 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.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes October 24, 2018
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.
The motion was duly seconded and carried unanimously.
4.12Confirm the violation(s) for Case 159-18 for respondent(s) Celeste A Kroha at 1919
Beckett Lake Dr. 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.
Member Mannino 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 Stephen Della Volpe recommended compliance by October
29, 2018 or the City be authorized to take corrective actions. He
presented photographs of the lot clearing violation. He spoke with the
home's occupants twice about the requirement to mow the yard and
maintain it on a regular basis
Attorney Fuino submitted composite exhibits.
Member Prast moved to require the Respondent to correct the
violation by October 29, 2018. 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.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed:
5.1.1 Case 03-16
Walker, Zelphia Est.
1305 Fairmont St.
Door & Window Openings/Exterior Surfaces/Portable Storage Units - Devol
5.1.2 Case 97-16
Joseph Perrone
407 S Orion Ave.
Ext. Surfaces/Ext. Storage/Windows Maint./Fences & Walls/Lot Clearing/Abandoned
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Bldg. - Cantrell
5.1.3 Case 61-18
Jose & Josefina Rodriguez
600 '/2 Vine Avenue
Roof Maintenance/Exterior Surfaces - Stewart
5.1.4 Case 62-18
Kenneth & Barbara Husuliak
1705 Apache Trail
Landscape Cover- Stewart
5.1.5 Case 81-18
Tsetse LLC
Lumar Holdings
1058 Sunset Point Road
Exterior Surfaces - Stewart
5.1.6 Case 87-18
Jason Turesanyi
Jeff Turesanyi
611 N. Ft. Harrison Ave.
Exterior Surfaces/Door &Window/Parking Lot Surfaces/Aband. Bldg. - Phillips
5.1.7 Case 103-18
Now Investments
1745 Drew St.
Business Tax Receipt Required - Knight
Member Johnson moved to accept the Affidavits of Compliance
for Cases 03-16, 97-16, 61-18, 62-18, 81-18, 87-18 and 103-18. The
motion was duly seconded and carried unanimously.
5.2 WITHDRAWN: Continued from September 26, 2018 - Accept the Affidavit(s) of
Non-Compliance for Case 54-18 for respondent Carl Beal Est at 1849 Diane Dr. for
Exterior Surfaces; 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. (Brown)
Case 54-18 was withdrawn.
5.3 Accept the Affidavit(s) of Non-Compliance for Case 120-17 for respondent(s) Ciro A
Romero at 871 Casler Ave. for Roof Maintenance and Fences; 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. (Hollifield)
No one was present to represent the Respondent.
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Municipal Code Enforcement Board Meeting Minutes October 24, 2018
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavit of Non-Compliance
and issue an order that 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.
5.4 Accept the Affidavit(s) of Non-Compliance for Case 107-18 for respondent(s) Lourdes T
Santiago at 300 Windward Is for Short Term Rental; 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.
(Phillips)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavit of Non-Compliance
and issue an order that 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.
5.5 Accept the Affidavit(s) of Non-Compliance for Case 112-18 for respondent(s) Houses 2
Homes Corp at 1236 Kapok Cir for Short Term Rental and Residential Rental Business
Tax Receipt; 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. (Phillips)
Vernon Prather, Houses 2 Homes Corporation operator, said after his
attorney spoke with the City he decided to sell the property and changed
the advertisement to monthly rentals but did not attract any tenants. He
said he had a contract to sell the property and was set to close.
Inspector Julie Phillips said the property had been rented short-term
since at least April 2018; the owner never obtained a Residential BTR
(Business Tax Receipt). She said one website posted 3 reviews from
short-term September visitors.
Mr. Prather said he did not advertise short-term rentals since he was
notified it was not permitted. He said Booking.com would not remove his
short-term rental advertisement but he was able to change Airbnb and
HomeAway to stays of 31 days or more. He said there had been no rental
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Municipal Code Enforcement Board Meeting Minutes October 24, 2018
activity since he made those changes and he had kept lowering the house's
sale price to sell it.
It was noted that Mr. Prather had operated a business renting out the
home without a required business permit. It was recommended that he
obtain a Residential BTR today.
Attorney Fuino submitted composite exhibits.
Member Johnson moved to accept the Affidavit of
Non-Compliance and issue an order that 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.
6. Other Board Action
6.1 Consider request for Case 03-16 by respondent(s) Walker, Zelphia Est. at 1305
Fairmont St. to reduce the fine re Door &Window Openings, Exterior Surfaces, &
Portable Storage Unit; and if approved, issue an order that specifies administration costs
and establishes a date payable or the lien will revert to its original amount. (Devol)
Terrance Doherty said he owned the property, Zelphia Walker Estate was
the previous owner.
Inspector Diane Devol presented photographs of improvements, stating
Mr. Doherty had done a great job bringing the property into compliance.
She said the former elderly owner had passed.
Attorney for the Board Andy Salzman said administration costs were
$1,993.20.
Concerns were expressed that homeowners were not incentivized to
comply with Code, previous owners of properties with Code violations
should be responsible for liens, and a suggestion that fines should not be
reduced to less than 25% of lien totals. It was stated the City's goal was to
clean up the City and for properties to be brought into compliance.
Attorney Salzman said administration costs fully compensated the City
for all expenses related to a property's Code violations. Attorney Fuino
said the new process subjected property owners to foreclosure if they did
not comply, he reviewed successes related to the new process.
Mr. Doherty was complimented and thanked for his efforts.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes October 24, 2018
Member Johnson moved to enter an order reducing the fine for
Case 03-16 to administration costs of $1,993.20 payable within 30
days or the lien will revert to its original amount. The motion was duly
seconded and carried unanimously.
6.2 Consider the Stipulation and Agreement for Case 167-17 for respondent Asem Hasan at
1105 Court St. (Knight)
Property Owner Asem Hasan was present.
Inspector Daniel Knight reviewed the Stipulation and Agreement. The
property was to be sold by November 30, 2018 and in compliance,
including signage meeting current standards, within 30 days afterwards.
Attorney Fuino said if the property meets compliance per the agreement,
the lien will be reduced to administration costs. He submitted composite
exhibits.
Member Prast moved to approve the Stipulation and Agreement
for Case 167-17. The motion was duly seconded and carried
unanimously.
6.3 Review amendments to the Board Rules and Regulations regarding lien reductions for
adoption at the November 28, 2018 regular meeting.
Board members were provided updated Rules and Regulations'
language re lien reductions scheduled for adoption on November 28,
2018.
7. Nusiance Abatement Lien Filings
7.1 Accept the Nuisance Abatement for Case PNU2018-01189 for respondent(s) James I
LLC at 801 Howard St. for Lot Clearing; 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.
(Fletcher)
No one was present to represent the Respondent.
Inspector Vicki Fletcher presented photographs of the lot clearing
violation. She recommended compliance by October 29, 2018 or the City
be authorized to take corrective actions.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order finding the
Respondent in violation of the City of Clearwater Code and
requiring the Respondent to correct the violations by October 29,
2018. If the Respondent does not comply within the time
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Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes October 24, 2018
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.
The meeting adjourned at 2:55 p.m.
Chaff i • nicipa Code Enforcemen c . and
A
Secretary to the Board
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