01/23/2019 Municipal Code Enforcement Board Meeting Minutes January 23, 2019
City of Clearwater
Main Library
100 N. Osceola Avenue
Clearwater, Florida 33755
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Meeting Minutes
Wednesday, January 23, 2019
1 :30 PM
Council Chambers - Main Library
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 23, 2019
Roll Call
Present 6 - Chair Wayne Carothers, Vice Chair Robert Prast, Board Member C.
Daniel Engel, Board Member Sue A. Johnson, Board Member Michael
Mannino, and Board Member Sheila Cole
Absent 1 - Board Member Jonathan Barnes
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 the Main Library,
followed by the Pledge of Allegiance.
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.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
2. Approval of Minutes
2.1 Approve the minutes of the December 19, 2018 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Johnson moved to approve minutes of the December 19,
2018 Municipal Code Enforcement Board meeting 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 Case 175-18, Continued from December 19, 2018 - Find respondent(s) Gulf to Bay
Boulevard Clearwater LLC at 1765 Gulf-to-Bay Boulevard in violation of Code for
TemporarySigns; 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.
Assistant City Attorney Michael Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes January 23, 2019
Member Mannino 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.
4.2 Withdrawn: Case 176-18, Continued from December 19, 2018 - Find respondent(s)
Clarendon Assets LP at 478 Mandalay Ave. #A in violation of Code for Temporary Signs;
and issue an order with the compliance deadline and fine if compliance is not met. (Knight)
Case 176-18 was withdrawn.
4.3 Case 177-18, Continued from December 19, 2018 - Find respondent(s) Mary G Realty,
Inc. at 490 Mandalay Ave. in violation of Code 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.
Inspector Daniel Knight 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 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 Case 178-18, Continued from December 19, 2018 - Find respondent(s) Golden Villa
Resort LLC at 225 Coronado Dr. in violation of Code for Vacant Parcel Maintenance.,
and issue an order with the compliance deadline and fine if compliance is not met. (Dixon)
No one was present to represent the Respondent.
Inspector Gregory Dixon said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Cole 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
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of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.5 Case 179-18, Continued from December 19, 2018 - Find respondent(s) Rene J Neyrey
at 901 N Ft. Harrison Ave. in violation of Code for Exterior Surfaces and Abandoned
Building; and issue an order with the compliance deadline and fine if compliance is not
met. (Phillips)
Property owner Rene Neyrey admitted to the violations.
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 Julie Phillips recommended compliance by February 23, 2019
or a fine of$150 per day per violation be imposed for the exterior
surfaces and abandoned building violations.
Mr. Neyrey said his personal problems resulted in the poor condition of
the property, which also was damaged by vagrants and trashed by
dumped truck tires. He said he spent more than $900 to clean the
property and requested time to make repairs. He said he could bring the
property into compliance in 2 weeks.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violations on or before February 23, 2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $150 per day per violation for each day each
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 Case 180-18, Continued from December 19, 2018 - Find respondent(s) Zahid N Roy at
1412 N Ft. Harrison Ave. in violation of Code for Exterior Surfaces and Door and Window
Openings; and issue an order with the compliance deadline and fine if compliance is not
met. (Phillips)
Property owner Zahid Roy admitted to the violations.
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 Julie Phillips recommended compliance by February 23.2019
or a fine of$150 per day per violation be imposed for the exterior
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surfaces and door& window openings violations. She presented
photographs of the violations. Repairs were almost completed.
Mr. Roy said before he purchased the building, a permitted stairway was
built in front of the window and blocked the front door, which was why they
were boarded. He said after his purchase, he was required to meet current
Code by widening the stairs to 36 inches, staff signed off on the permit.
Assistant Building & Planning Director Gina Clayton recommended Mr.
Roy meet with Assistant Building Official Dana Root to resolve the issue.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent
to correct the violations on or before February 23.2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $150 per day per violation for each day each
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 Case 181-18, Continued from December 19, 2018 - Find respondent(s) Sagonias
Revocable Trust, Berk Aydin Tre at 1724 N Ft. Harrison Ave. in violation of Code for
Exterior Surfaces and Parking Lot Surfaces; and issue an order with the compliance
deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips 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 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 violations, 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.
4.8 Case 182-18, Continued from December 19, 2018 - Find respondent(s) Bawana LLC at
1209 N Osceola Ave. in violation of Code for Short Term Rental; and issue an order with
the compliance deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
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Inspector Julie Phillips 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.
4.9 Case 01-19 - Find respondent(s) Andrew Brown at 1536 S Martin Luther King, Jr. Ave. in
violation of Code for Exterior Surfaces and Door and Window Openings; and issue an
order with the compliance deadline and fine if compliance is not met. (Fletcher)
Property owner Andrew Brown was present.
Inspector Julie Phillips 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, 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.
4.10Case 02-19 - Find respondent(s) Manuella Cash Clark at 2461 Sundancer Dr. in violation
of Code for Hauling Trailer, Residential Grass Parking, and Exterior Storage; and issue
an order with the compliance deadline and fine if compliance is not met. (Brown)
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 Shelby Brown said she responded to a complaint. She
recommended compliance for the 3 violations by February 22, 2019 or a
fine of$150 per day per violation be imposed for the hauling trailer,
residential grass parking, and exterior storage violations. She presented
photographs of the violations, which were visible from Enterprise Road.
She met the owners'son and caregivers who apologized, were unaware of
the violations, and anticipated complying by February 22, 2019.
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Attorney Fuino submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent
to correct the violation on or before February 22, 2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $150 per day per violation for each day each
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.
4.11 Case 03-19 - Find respondent(s) Gerrity Family Trust, Christopher T Gerrity Tre at 1500
S Missouri Ave in violation of Code 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 Johnson 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, noting
multiple violations had been corrected. He recommended compliance by
February 23, 2019 or a fine of$150 per day be imposed for the
freestanding sign maintenance violation.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation on or before February 23,
2019. 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.
4.12WITHDRAWN - Case 04-19 - Find respondent(s) P W R E O Highland LLC at 1831 N
Highland Ave. in violation of Code for Sign Permit Required; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 04-19 was withdrawn.
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4.13Case 05-19 - Find respondent(s) Zahid N. Roy at 1412 N Ft. Harrison Ave. in violation of
Code for Outdoor Storage; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
Property owner Zahid Roy admitted to the violations.
Member Johnson 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 Julie Phillips recommended compliance by February 6, 2019
or a fine of$150 per day per violation be imposed for the commercial
parking restriction and outdoor storage/inoperable vehicle nuisance
violations.
Mr. Roy said the commercial trailer should be permitted since the
property's zoning had been changed. He requested additional time to
remove the trailer.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violations on or before February 23, 2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $150 per day per violation for each day each
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.
4.14Case 06-19 - Find respondent(s) Clemente Teran, Petra Maye, and Santiago Teran at
2371 Chaucer St. in violation of Code for Construction Material Storage; and issue an
order with the compliance deadline and fine if compliance is not met. (Dixon)
Property owner Clemente Teran was present.
Inspector Gregory Dixon said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Mannino 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.
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4.15Case 07-19 - Find respondent(s) Bruno One, Inc. at 2083 Envoy Ct. in violation of Code
for Fences; and issue an order with the compliance deadline and fine if compliance is not
met. (Dixon)
No one was present to represent the Respondent.
Member Engel 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 Greg Dixon recommended compliance by February 1, 2019 or
a fine of$150 per day be imposed for the fences violation. He presented
photos of the violation. A permit probably will be required to repair the
fence. He had not spoken with the property owner, mail sent to several
addresses was all returned. The timeline for his recommendation was
based on the property owner's failure to respond.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation on or before February 1,
2019. 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.
4.16Case 09-19 - Find respondent(s) Calvin Lee Ladd at 1246 Idlewild Dr. in violation of
Code for Unsafe Building; and issue an order with the compliance deadline. (Cantrell)
No one was present to represent the Respondent.
Member Johnson 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 Jason Cantrell provided a PowerPoint presentation and
presented photographs of the multiple hazards at the unsafe structure,
including exposed and unsecured electrical wires, an exposed electric
breaker and panel, plumbing supported by pavers, missing exterior doors,
boarded and broken windows, a wall air-conditioner fallen through the wall,
etc. The property owner was incarcerated, the house was occupied by
transients and lacked electric power. He recommended compliance by
February 23,2019 or authorization for the City to take corrective action.
It was suggested citing the property for 10 violations instead of 1 would
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provide more pressure on the property owner to make necessary repairs.
Assistant Building Official Dana Root said accrued fines already surpassed
the property's market value. The City preferred to lien the property rather
than track multiple fines. The quickest way to resolve the property's issues
would be to declare it unsafe and allow the City to raze it.
Neighbor William Corser requested help. He said the property was an
eyesore, diminished neighborhood property values, and posed hazards
for children. He said the fence often fell down and multiple appliances
had been stored in the backyard which the City cleaned out several
times. He said during the past 4 years the owner had promised multiple
times to clean the property but nothing was done.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the
Respondent to correct the violations on or before January 30,
2019. 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.
4.17Case 10-19 - Find respondent(s) H & S Realty & Property Inc at 1501 N Betty Ln. in
violation of Code for Unsafe Building; and issue an order with the compliance deadline.
(Cantrell)
Project Manager Russ Rogers admitted to the violation and said he
obtained a permit on December 19, 2018 to repair the building.
Member Johnson 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 Jason Cantrell recommended compliance by February 23,
2019 or authorization for the City to take corrective action. He provided
photographs of the shell of the structure which was damaged by fire in
July 2015.
Mr. Rogers said the first permit they pulled was insufficient to make
necessary repairs and the owner had the plans redrawn. He said he was
ready to start construction with the new permit, he estimated completion
in 120 to 150 days. He said inspections were needed every 30 days. He
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Municipal Code Enforcement Board Meeting Minutes January 23, 2019
said he was in contact with Mr. Root and Attorney Fuino. He said the
structure would be repaired and reopened as a convenience store.
Inspector Cantrell said he would work with the respondent. Mr. Root said
staff wanted the option to raze the structure if remodelling work stopped.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the
Respondent to correct the violations on or before February 23,
2019. 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.
4.18Case 11-19 - Find respondent(s) Timothy Bryant at 502 N Martin Luther King, Jr. Ave. in
violation of Code for Unsafe Building; and issue an order with the compliance deadline.
(Cantrell)
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 Jason Cantrell provided a PowerPoint presentation and
provided photographs of the unsafe building, which was unoccupied and
had no power. He had not spoken with the owner. He recommended
compliance by February 23, 2019 or authorization for the City to take
corrective action.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the
Respondent to correct the violations on or before February 23,
2019. 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
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Municipal Code Enforcement Board Meeting Minutes January 23, 2019
remedies available under the law. The motion was duly seconded
and carried unanimously.
4.19Case 12-19 - Find respondent(s) Marjorie D Connelly at 151 Devon Dr. in violation of
Code for Commencing work before permit issuance; and issue an order with the
compliance deadline and fine if compliance is not met. (Swinton)
Property owner Kevin Kincaid 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 Sam Swinton provided photographs of the violations. The
property owner submitted a permit application in 2017 but did not
complete the application process. The wall on the east side of the house
was too high and built without permit and the slab had been raised and
stairs installed on the front east side of the home without permit. He
recommended compliance by February 22, 2019 or a fine of$150 per
day be imposed per violation for 2 violations: 1) commencing work
without a permit and 2) out of compliance permit paperwork.
Mr. Root said the slab was in the 5-foot setback from the property line.
Paperwork for construction work was not in order.
Mr. Kincaid said the house was built in the 1950s. He said he was a
contractor in Chicago. He said he removed the cracked and heaved knee
wall, rebuilt it, and also poured the slab. He said he thought he may have
built the wall too high. He said when he tried to obtain a permit to lower the
wall, the City required him to hire a contractor but he could not find one
who would agree to reduce the wall's height. He said he had made a
mistake. He said when the court dismissed the case, he thought the
problem had been handled until he received notice of this meeting.
In response to a question, Mr. Root said when homeowners applied for a
permit, staff reviewed the project with them, Mr. Kincaid applied for a
permit after work was done. Compliance could be met by removing the
wall and slab.
It was recommended that Mr. Kincaid meet with Assistant Building Official
Dana Root. Concern was expressed that Mr. Kincaid could not comply by
February 22, 2019.
Ms. Clayton said the City could not approve a wall over 6 feet in height.
The elevated slab was within the setback. She did not know if Mr. Kincaid
could prove the high wall and slab within the setback met the general
character of the neighborhood to qualify for flexibility. She said demolition
may be the only course of action.
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Municipal Code Enforcement Board Meeting Minutes January 23, 2019
Mr. Kincaid requested additional time.
Attorney Fuino submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent
to correct the violations on or before March 22, 2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $150 per day per violation for each day each
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. Members Prast, Johnson,
Mannino, Cole, and Chair Carothers voted "Aye"; Member Engel
voted "Nay." Motion carried.
4.20Withdrawn: Case 13-19 - Find respondent(s) Grand Bellagio at Baywatch Condo Assn
Inc at 2741 Via Cipriani Unit 921A in violation of Code for Commencing Work before
Permit Issuance; and issue an order with the compliance deadline and fine if compliance
is not met. (Swinton)
Case 13-19 was withdrawn.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed:
5.1.1 Case 06-15
Everett Dyer II
812 Pine St.
Hauling Trailer in ROW/Exterior Surfaces/Exterior Storage - Fletcher
5.1.2 Case 133-16
Moore, John A Est
915 N Highland Ave.
Ext. Surfaces/Door & Window Openings/Abandoned Bldg - Knight
5.1.3 Case 114-18
Oceanaire Homes LLC
977 Bruce Ave.
Fences - Dixon
5.1.4 Case 144-18
William N Carroza
Weiss, Julian S Living Trust
1740 Ft Harrison Ave.
Lot Clearing - Phillips
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5.1.5 Case 168-18
Willie & Sarah Parker
1149 Kingsley St
Residential Grass Parking - Fletcher
5.1.6 Case 169-18
Harman Rev Trust
1400 Lime St.
Residential Grass Parking - Fletcher
5.1.7 Case 171-18
John A Koymarianos
2382/2384 Chaucer St.
Exterior Storage/Hauling Trailer - Dixon
5.1.8 Case 189-18
Neil L Zagelbaum Rev Trust
1021 Sedeeva St.
Lot Clearing - Jewett
Member Cole moved to accept the Affidavits of Compliance for
Cases 06 15, 133 16, 114 18, 144 18, 168 18, 169 18, 171 18 and
189 18. The motion was duly seconded and carried unanimously.
5.2 Case 127-18 - Continued from December 19, 2018 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) David J. Gangelhoff at 400 N Garden Ave. for Unsafe
Building. (Cantrell)
Representative Charlie Wright admitted to the violation.
5.3 Case 128-18 - Continued from December 19, 2018 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) David J. Gangelhoff at 400 N. Garden Ave. for Roof
Maintenance, Abandoned Building, Lot Clearing, and Fences. (Phillips)
No one was present to represent the Respondent.
Inspector Phillips reported the City had agreed that no fine would go into
effect until 90 days after today's date.
Member Prast moved to accept the Affidavit of Non-Compliance
with a fine that would not go into effect until 90 days after today's
date 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. 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
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Municipal Code Enforcement Board Meeting Minutes January 23, 2019
duly seconded and carried unanimously.
5.4 Case 129-18 - Continued from December 19, 2018 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Tsetse LLC at 314 N Garden Ave. for Unsafe
Building. (Cantrell)
No one was present to represent the Respondent.
5.5 Case 131-18 - Continued from December 19, 2018 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Tsetse LLC at 405 N Garden Ave. for Roof
Maintenance and Door and Window Openings. (Phillips)
No one was present to represent the Respondent.
5.6 Case 133-18 - Continued from December 19, 2018 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Tsetse LLC at 314 N Garden Ave. for Roof
Maintenance, Door and Window Openings, Abandoned Building, and Fences. (Phillips)
No one was present to represent the Respondent.
5.7 Case 141-18 - Continued from December 19, 2018 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Pat Brooking at 1118 LaSalle St. for Lot Clearing,
Door and Window Openings, and Exterior Surfaces. (Phillips)
No one was present to represent the Respondent.
Member Prast moved to accept the Affidavits of Non-Compliance for
Cases 127-18, 129-18, 131-18, 133-18, and 141-18 and issue orders that
state 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. 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.
6. Other Board Action
6.1 Case 31-14 - Consider request by respondent(s) Mad isyn Park LLC at 1410 Park St. to
reduce the fine re Delinquent BTR; and if approved, issue an order that specifies a fine
that includes administration costs and establishes a date payable or the lien will revert to
its original amount. (Knight)
Property owner Michael Leon requested a fine reduction. He said he had
not received all of his mail while he worked in New York to pay the
mortgage on this property. He said he had misread the City's letter that
his property was in compliance without realizing a $150 1day lien had
been filed. He said his parents had taken over the property and when he
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 23, 2019
realized the BTR was delinquent he paid it. He said he had set up his
banking account to now automatically pay for the BTR by the due date.
Inspector Daniel Knight said the fine included the time the BTR
(Business Tax Receipt) was delinquent in 2014-15 after MCEB
(Municipal Code Enforcement Board) action. The BTR was in red status
twice since 2014, the property owner could have been charged for repeat
violations. The City opposed reducing the lien.
Attorney for the Board Andy Salzman said administration costs were
$1,287.20 and the total lien was $8,700.
Concerns were expressed the BTR was delinquent more than once and
delinquencies could continue. It was suggested the lien be reduced to
$2,000 plus administrative costs.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order reducing the fine for Case
31-14 to administration costs of $3,287.20 payable within 30 days
or the lien will revert to its original amount. The motion was duly
seconded and Members Prast, Engel, Johnson, Cole, and Chair
Carothers voted "Aye"; Member Mannino voted "Nay." Motion
carried.
6.2 Election of Chair/Vice Chair
Member Prast thanked Wayne Carothers for serving as Chair.
Member Prast moved to appoint Sue Johnson as Chair. The
motion was duly seconded and carried unanimously.
Member Prast moved to appoint Wayne Carothers as Vice Chair.
The motion was duly seconded and carried unanimously.
7. Nuisance Abatemet Lien Filings
7.1 Case 08-19 - Accept the Nuisance Abatement Lien for respondent(s) Maya Ellie Hamblet
at 502 Palm Bluff St. for Lot Clearing; and issue an order with the compliance deadline
and authorize the City to mitigate the violation if compliance is not met. (Dixon)
7.2 Case 14-19 - Accept the Nuisance Abatement Lien for respondent(s) Aegis Asset
Management LLC at 1365 Overlea St. for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Della Volpe)
No one was present to represent the Respondents.
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City of Clearwater
Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes January 23, 2019
Member Prast moved to enter an order finding the Respondents for
Cases 08 -19 and 14 -19 in violation of the City of Clearwater Code and
requiring the Respondents to correct the violations within 5 days of the
Board's written order. If the Respondents do not comply within the
time specified, the City may take all reasonable actions, including
entry onto the properties, to abate and maintain the nuisance, and
charge the Respondents with the reasonable costs which will
become a lien on the properties. 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 3:30 p.m.
Chair, Municipal
City of Clearwater
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e Enforcement Board