05/22/2019 Municipal Code Enforcement Board Meeting Minutes May 22, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Wednesday, May 22, 2019
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes May 22, 2019
Roll Call
Present 7 - Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member
Robert Prast, Board Member C. Daniel Engel, Board Member Michael
Mannino, Board Member Sheila Cole, and 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.
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 April 24, 2019 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Mannino moved to approve minutes of the April 24, 2019
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4.1 WITHDRAWN - Continued from March 27, 2019, Continue to May 22, 2019 - Case 39-19
- Find respondent(s) David A Wyers at 114 N Meteor Ave in violation of Code for Fences
and Walls; and issue an order with the compliance deadline and fine if compliance is not
met. (Hollifield)
Case 39-19 was withdrawn.
4.2 Continued from April 24 and May 22, 2019, Continue to June 26, 2019 - Case 54-19 -
Find respondent(s) 01 MPS Incorporated at 1119 Carlton St. in violation of Code for
Unsafe Building; and issue an order with the compliance deadline and fine if compliance
is not met. (Cantrell)
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
Case 54-19 was continued automatically to June 26, 2019
4.3 Continued from April 24, 2019 - Case 64-19 - Find respondent(s) R N S S Investments
LLC at 862 Bayway Blvd. in violation of Code for Unsafe Building; and issue an order with
the compliance deadline and fine if compliance is not met. (Cantrell)
Attorney Brian Aungst, representing the property owners, said they had
hired an architect, engineer, and dock expert to develop a 5-unit condo
with docks on the vacant site. He said the property owners had granted
the City an easement at no cost. He presented photographs showing a
12-foot fence almost surrounding the subject property and ongoing City
work in the easement. He said the property owners'fence blocked access
to the dilapidated dock. He said based on concerns the property could lose
its dock rights, the property owners were awaiting City approval of new
docks before removing the old one.
Sean Khant, representing his parents, said the dock would be removed
as soon as new docks were approved. He said the City had provided
nothing in writing that new docks would be permitted or the number of docks
that could be built.
Attorney Aungst said the dock was an attractive nuisance but not
dangerous as it was not accessible. He requested continuing the case to
August when the dock issue is resolved and the property owners know what
portion of the easement they can use.
Attorney Fuino said the dock was an unsafe structure in violation of Code.
Continuing the case would not change the hazard.
Assistant Building Official Dana Root said the property owners had
accessed the seawall to install fencing. A marine contractor could
remove the dock from the water. Building Official Kevin Garriott said the
dock's deterioration was ongoing. Removing the dock would not negate
the property owner's ability to construct another dock. He expressed
concern kids on boats could access the unsafe dock.
Discussion ensued with comments the property owners had maintained
close contact with the City and could modify the dock to prevent boat access.
Attorney Aungst said the property owners did not want to waive any
nonconforming use and would work with the City to prevent all access to
the dock, removing it once the City permitted new docks.
Attorney Fuino said a continuance could be approved subject to conditions that
the property owners work with staff and prevent dock access from the water.
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
Attorney for the Board Andy Salzman recommended a condition requiring
the dock to be removed before the August meeting if the City issues dock
permits before then.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Carothers moved to continue Case 64-19 with conditions
the property owners: 1) stay in contact with the City; 2) secure
the dock to also block access from the water as directed by the City;
and 3) remove dock before August meeting if City issues a letter
before then indicating the number of docks that can be built. The
motion was duly seconded and carried unanimously.
4.4 Case 71-19 - Find respondent(s) Madigan, Micahel J. Jr. Est at 1592 Tioga Ave. in
violation of Code for Exterior Surfaces and Exterior Storage; and issue an order with the
compliance deadline and fine if compliance is not met. (Fletcher)
Patrick Madigan said his brother, the Property Owner, passed away in
2017 and his brother's wife died 7 months ago. He said he was disabled,
could not work, and could not afford to transfer the property's title to his
name. He said the house was painted and exterior debris removed.
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 Vicki Fletcher provided a PowerPoint presentation including
photographs of the 2 violations. Collapsing block construction on the house's
south side was covered with plywood when the house was recently
painted. Exterior storage items remained in the front and back yards.
Mandy Mertz Yagle said since his brother's death, she had helped Mr.
Madigan who had a stroke and was frequently hospitalized. She said a
vehicle in a police chase had crashed into the house, the insurance
check was issued to the deceased property owner.
Mr. Madigan agreed the property still had issues. He said the insurance
company would not release the check to him until title was transferred to
his name. He said his parents had willed the house to his brother, he had
no living relatives.
Inspector Fletcher recommended compliance for the exterior storage violation
by June 22, 2019 and compliance for the exterior surfaces violation by
August 22, 2019 or a fine of$150 per day per violation be imposed.
It was recommended Mr. Madigan contact a probate attorney or the
Clearwater Bar Association. Concern was expressed that transferring the
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
title, obtaining a corrected insurance check, and repairing the wall would
not be completed by August.
Mr. Garriott said the property owner needed to hire a professional contractor
or engineer to determine necessary repairs, stuccoing damaged blocks
would not be sufficient. He suggested Mr. Madigan visit his office with the
insurance company report for help with questions.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation for exterior storage on or before June 22, 2019
and to correct the violation for exterior surfaces on or before August
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. If fines and fees remain unpaid 3
months after such lien is filed, the City is authorized to foreclose,
collect or settle such lien. The motion was duly seconded and carried
unanimously.
4.5 Case 72-19 - Find respondent(s) K E L Properties LLC at 334 Elizabeth Ave. in violation
of Code for Residential Rental BTR; 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.
4.6 WITHDRAWN - Case 73-19 - Find respondent(s) USA Veterans Adm at 2165 Campus
Dr. in violation of Code for Exterior Surfaces and Public Nuisance (Pool); and issue an
order with the compliance deadline and fine if compliance is not met. (Knight)
Case 73-19 was withdrawn.
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4.7 Case 74-19 - Find respondent(s) Patrick & Nicole Zebrowski at 1764 Thames St. in
violation of Code for Fences and Walls; 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 Carothers 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 Case 75-19 - Find respondent(s) Anthony Dorner at 511 Orangeview Ave. in violation of
Code for Exterior Surfaces and Fences and Walls; and issue an order with the
compliance deadline and fine if compliance is not met. (Jewett)
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 Eric Jewett said he responded to a neighbor's complaint. He
showed photographs of the exterior surfaces and fences & walls violations.
He spoke several times with the property owner, who was not responsive.
He recommended compliance by June 24, 2019 or a fine of$150 per day
per violation be imposed.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the
Respondent to correct the violations on or before June 24, 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. If fines and fees remain unpaid 3
months after such lien is filed, the City is authorized to foreclose,
collect or settle such lien. The motion was duly seconded and
carried unanimously.
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
4.9 WITHDRAWN - Case 76-19 - Find respondent(s) Dana Redd & Josee Goudreault at
1825 Venetian Point Dr. in violation of Code for Exterior Surfaces, Public Health Safety
or Welfare Nuisance (Pool), Exterior Storage, and Fences; and issue an order with the
compliance deadline and fine if compliance is not met. (Dixon)
Case 76-19 was withdrawn.
4.10Continue to June 26, 2019 - Case 77-19 - Find respondent(s) Carpe Diem Family Trust
at 1603 N Osceola Ave. in violation of Code for Landscape Cover; and issue an order
with the compliance deadline and fine if compliance is not met. (Dixon)
Case 77-19 was continued automatically to June 26, 2019.
4.11 Case 78-19 - Find respondent(s) Rene & Darlene Neyrey at 504 Nicholson St. in violation
of Code for Exterior Surfaces, Abandoned Building, and Lot Clearing; 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 Greg Dixon said compliance had been met for the lot clearing
violation and requested a declaration of violation.
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 for lot
clearing, 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.
Member Carothers moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case for
exterior surfaces and abandoned building. The motion was duly
seconded and carried unanimously.
Inspector Dixon recommended compliance by June 19, 2019 or a fine of
$150 per day per violation be imposed for the exterior surfaces and
abandoned building violations. He showed photographs of the violations,
noting rotted wood had not been replaced when the structure was painted.
Transient activity around the house had diminished since it was painted.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the exterior surfaces and abandoned
building violations on or before June 19, 2019. If the Respondent
does not comply within the time specified, the Board may order a
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
fine of $150 per day per violation for each day each violation
continues to exist. If fines and fees remain unpaid 3 months after
such lien is filed, the City is authorized to foreclose, collect or
settle such lien. The motion was duly seconded and carried
unanimously.
4.12Case 80-19 - Find respondent(s) Chad Peterson at 1944 Byram Dr. 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.
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 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.
4.13Case 81-19 - Find respondent(s) Greene Rose LLC at 106 Midway Is in violation of
Code for Short Term Rental; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
The Respondent 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 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.
4.14Case 82-19 - Find respondent(s) Joseph & Cecelia Muller at 1422 Jasmine Way in
violation of Code for RV Parking, Residential Grass Parking, and Landscaping; and
issue an order with the compliance deadline and fine if compliance is not met. (Touray)
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
Property owner Joseph Muller admitted to 2 violations but said he did not
understand the grass parking violation.
Inspector Yusef Touray provided a PowerPoint presentation including
photographs of the 3 violations and aerial photographs of a RV and red
vehicle parked in the backyard. He said neighbors had complained multiple
vehicles were parked in the backyard. He did not know if the backyard had
living ground cover. The RV could be parked on an approved permitted
surface in the backyard, west of the house and outside the setback.
Mr. Muller said he parked an old registered car in the backyard.
Inspector Julie Philips said she spoke to Mr. Muller at her office and
explained how to comply with Code, automobiles cannot be parked in
backyards and RVs cannot be parked on grass.
Inspector Touray recommended compliance by June 22, 2019 or a fine
of$150 per day per violation be imposed.
Neighbor Darcelle O'Connor presented photographs. She said on
Saturday, Mr. Muller moved the RV in his backyard to abut the fence next
to her property. She said a white car was always parked in the back yard.
She expressed concern Mr. Muller's exterior camera was invasive.
Neighbor Rachel Pagano said her front yard was visible from the camera.
Mr. Muller said he had cameras around his property to discourage people
from scattering debris and walking on his right-of-way. He presented
photographs.
Mr. Garriott said Solid Waste was working on a separate issue re neighbors
rolling their trash receptacles into the street for pickup,
Property owner Cecilia Muller said they checked with the City before
purchasing the house. She said City staff told them the property did not
have a septic system and they would need to install a fence if they parked
a RV in the backyard. She said they installed the fence as directed but staff
had not provided setback and right-of-way information re parking restrictions.
Member Carothers 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.
Mr. Muller said it was difficult to maneuver the RV behind his house. He
requested an extension to August 22, 2019. He said from time to time he
parked the white car in the backyard to avoid vandalism.
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent
to correct the 3 violations on or before August 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. If fines and fees remain unpaid 3
months after such lien is filed, the City is authorized to foreclose,
collect or settle such lien. The motion was duly seconded and
carried unanimously.
4.15Case 83-19 - Find respondent(s) Rajmon & Majola Keci at 78 Baywood Ave. in violation
of Code for Hauling Trailer; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
No one was present to represent the Respondent.
Inspector Daniel Kasman provided a PowerPoint presentation. He 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.
4.16Case 84-19 - Find respondent(s) Castello Holdings LLC at 1487 Gulf to Bay Blvd. in
violation of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Swinton)
Attorney Caleb Payne, representing the Respondent, admitted to the
violation which was due to an oversight. He said the Respondent was
hiring another contractor who would pull required permits. He requested a
60-day extension.
Member Carothers 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 showed photographs of the violation. He
recommended compliance by June 22, 2019 or a fine of$150 per day be
imposed for the lack of permit violation. No work was done since
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February when photographs were taken. Mr. Garriott said architectural
drawings were required to obtain a permit, few architects were available.
Attorney Fuino submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent
to correct the violation on or before June 22, 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. If fines and fees remain unpaid 3 months after such lien is
filed, the City is authorized to foreclose, collect or settle such
lien. The motion was duly seconded and carried unanimously.
4.17WITHDRAWN - Case 85-19 - Find respondent(s) 1803 Springtime Ave Land Trust at
1803 Springtime in violation of Code for Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Swinton)
Case 85-19 was withdrawn.
4.18Case 86-19 - Find respondent(s) Adil & Selviye Tzekas at 249 Bayside Dr. in violation of
Code 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 Carothers 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 showed
photographs of the unsafe building and swimming pool violations at 249
Bayside Drive. The bottom of the unenclosed swimming pool, under
construction since 2012, was not visible through opaque, unfiltered green
water. The expired construction permit recently was reactivated. He
recommended compliance for the swimming pool by June 22, 2019 and
compliance for the unsafe building by November 22, 2019 or a fine of$150
per day per violation be imposed.
Concerns were expressed that kids in a rowboat could access the
hazardous swimming pool and the fine should be $250 1day.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation for the swimming pool on or before June 22,
2019. If the Respondent does not comply within the time specified, the
Board may order a fine of$250 per day for each day the violation
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Municipal Code Enforcement Board Meeting Minutes May 22, 2019
continues to exist. If fines and fees remain unpaid 3 months after such
lien is filed, the City is authorized to foreclose, collect or settle such
lien. The motion was duly seconded and carried unanimously.
Member Carothers moved to enter an order requiring the
Respondent to correct the violation for the unsafe building on or
before November 22, 2019. If the Respondent does not comply by
that date, the City may take all reasonable actions, including
entering the property, to bring the property into compliance and
charge the Respondent with all costs, which will become a lien on
the property. The Board may order a fine of $150 per day for each
day the violation continues to exist. If costs, fines, and fees
remain unpaid 3 months after such lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion
was duly seconded and carried unanimously.
4.19Case 87-19 - Find respondent(s) Fort Harrison Square LLC at 1409 N Ft. Harrison Ave.
in violation of Code for Unsafe Building; and issue an order with the compliance deadline
and fine if compliance is not met. (Cantrell)
Property owner Shannon Seymour 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 Jason Cantrell provided a PowerPoint presentation of the
unsafe building violation at 1409 N Ft. Harrison Avenue. The property
had 6 structures and no current permits. The subject structure was
missing an access door, the second floor was collapsing, and the skylight
had fallen. He recommended compliance by June 22, 2019 or
authorization for the City to take corrective action and a fine of$150 1day.
Ms. Seymour said she had a contract to raze all onsite structures them after
the asbestos is removed. She hoped to receive the asbestos study results in
10 business days, then obtain bids for removal, and then contract to remove
the asbestos before demolition. She said 10-day notifications were required
prior to both asbestos removal and demolition. She requested 4 months to
complete demolition. She said all exterior doors had been secured.
Inspector Cantrell said he would verify exterior doors were secured.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the
Respondent to secure the building immediately and correct the
violation on or before September 22, 2019. If the Respondent
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does not comply by that date, the City may take all reasonable
actions, including entering the property, to bring the property
into compliance and charge the Respondent with all costs, which
will become a lien on the property. The Board may order a fine of
$150 per day for each day the violation continues to exist. If
costs, fines, and fees remain unpaid 3 months after such lien is
filed, the City is authorized to foreclose, collect or settle such
lien. The motion was duly seconded and carried unanimously.
4.20Case 88-19 - Find respondent(s) Precision Hotel Mgmt Co. at 1806 N Ft. Harrison Ave.
in violation of Code 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 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 presented photographs of the unsafe building
violations at 1806 N Ft. Harrison Avenue. A broken baluster was not
attached to the bottom stair and a spongy, sinking portion of the second
floor walkway felt as if it was collapsing. He recommended compliance by
June 22, 2019 or authorization for the City to take corrective action and a
fine of$150 1day. The Fire Department had reported the violations. Property
management indicated they would take care of the violations.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation on or before June 22, 2019. If
the Respondent does not comply by that date, the City may take
all reasonable actions, including entering the property, to bring
the property into compliance and charge the Respondent with all
costs, which will become a lien on the property. The Board may
order a fine of $150 per day for each day the violation continues
to exist. If costs, fines, and fees remain unpaid 3 months after
such lien is filed, the City is authorized to foreclose, collect or
settle such lien. The motion was duly seconded and carried
unanimously.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed:
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5.1.1 Case 18-14
Jaqueline D Keating & Ralph J Rem Doudera
2616 Fallsrock Dr.
Exterior Surfaces - Phillips
5.1.2 Case 17-17
Avanthony LLC
1247 Pierce St.
Exterior Storage - Fletcher
5.1.3 Case 23-18
Troy Brandt
2410 Parkstream Ave.
Roof Maintenance - Brown
5.1.4 Case 61-18
Jose & Josefina Rodriguez
600 '/2 Vine Ave.
Exterior Storage - Stewart
5.1.5 Case 134-18
Neim D Abdullaj
517 N Saturn Ave.
Parking Lot Surfaces - Brown
5.1.6 Case 69-19
Calori USA Real Estate 1 LLC
1256 Woodlawn Ter
Permit - Swinton
Member Carothers moved to accept the Affidavits of Compliance
for Cases 18 14, 17 17, 23 18, 61 18, 134 18, and 69 19. The
motion was duly seconded and carried unanimously.
6. Other Board Action
6.1 Continue to June 26, 2019 - Case 74-18 - Consider request by petitioner(s) George P.
Brkljacic Living Trust at 212 N Saturn Ave. to reduce the fine re Parking Lot Surfaces; 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. (Phillips)
Case 74-18 was continued automatically to June 26, 2019.
6.2 Continue to June 26, 2019 - Case 75-18 - Consider request by petitioner(s) George P.
Brkljacic Living Trust at 216 N Saturn Ave. to reduce the fine re Parking Lot Surfaces; 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. (Phillips)
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Case 75-18 was continued automatically to June 26, 2019.
6.3 Case 112-18 - Consider request by petitioner(s) Houses 2 Homes Corp at 1236 Kapok
Kove Cir to reduce the fine re Short Term Rental and Residential Rental Business Tax
Receipt; 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. (Phillips)
Property owner Vernon Prather said he obtained a BTR (Business Tax
Receipt) immediately after the last meeting, he was no longer renting the
house and did not think one was needed. He said he stopped advertising
short-term rentals, no one responded to his ads for longer rentals. He
requested the fine be reduced to administration costs so he could sell the
house.
Inspector Julie Phillips said the subject property was illegally rented
short-term prior to April 3, 2018, Mr. Prather did not obtain a BTR until
October 25, 2018. The case was continued twice due to uncertainty re the
property's tax district. While Mr. Prather claimed his property was in the
County, it was annexed into the City in 1995.
Inspector Phillips said she had issues with the request as the property was
illegally rented short-term for$200 to $500 1day without a BTR. The BTR
could have been purchased earlier, especially with a $250 1day fine in place.
Mr. Prather said the $500 1day rate was only during high season. He said he
was not aware of the meeting date after the case was continued. He said he
had to go to the County to resolve mailing problems. He said only 2 houses
in his subdivision were in Clearwater. He said the sale of his house had
fallen through because he did not know about the fine.
Attorney Salzman said the total fine was $29,000 and administration
costs were $1,421.20.
Attorney Fuino said Mr. Prather had an opportunity to adhere to the Code
before adjudication. He expressed concern administration costs were
less than 3 days'rental.
Discussion ensued with comments that a deterrent was necessary to stop
illegal short-term rentals, Mr. Prather had missed several meetings, and the
fine could be reduced to $10,000.
Mr. Prather said he could not afford a $10,000 fine until he sold the house.
It was suggested Mr. Prather resubmit his request for a fine reduction after
he had a contract to sell the house.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes May 22, 2019
Mr. Prather withdrew his request.
6.4 Case 120 -17 - Approve the Stipulation and Agreement for petitioner(s) Ciro A Romero at
871 Casler Ave.
Attorney Fuino said the bank had foreclosed on Mr. Romero. The Stipulation
and Agreement between the buyer and seller required the house to be sold
by May 31, 2019, the property to meet compliance by repairing the roof and
fence by July 31, 2019, and a $25, 000 fine to be paid.
Attorney Fuino submitted composite exhibits.
Member Prast moved to approve the Stipulation and Agreement
for the property at 871 Casler Avenue. The motion was duly
seconded and carried unanimously.
7. Nuisance Abatement: None.
8. Adjourn
Attest:
The meeting adjourned at 3:45 p.m.
Chair, Municipal Cho• - nforcement Board
Secretary to oard an
City of Clearwater
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