06/26/2019
Municipal Code Enforcement Board Meeting Minutes June 26, 2019
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Wednesday, June 26, 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 June 26, 2019
Roll Call
Present 5 - Acting Chair Michael Mannino, Board Member Robert Prast, Board
Member C. Daniel Engel, Board Member Sheila Cole, and Board
Member Jonathan Barnes
Absent 2 - Chair Sue A. Johnson, and Vice Chair Wayne Carothers
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
Acting Chair Mannino 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 May 22, 2019 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Cole moved to approve minutes of the May 22, 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 Cont’d from 4/24, 5/22, and 6/26/19, Cont. to 7/24/19 - 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)
Case 54-19 was continued automatically to July 24, 2019.
4.2 Cont’d from 5/22/19 - 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)
Property owner Nancy Burris admitted to the violation.
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Municipal Code Enforcement Board Meeting Minutes June 26, 2019
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 Gregory Dixon said he had responded to an anonymous
complaint. He presented photographs of the shell covered yard violation
and recommended compliance by July 31, 2019 or a fine of $150 per day
be imposed.
Ms. Burris reviewed reasons sea shells were a suitable landscape cover
and requested that the Code be modified to allow them.
It was recommended that the Board provide 90 days for compliance.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before October 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. 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.
4.3 Cont. to 7/24/19 - Case 89-19 - Find respondent(s) Shah Clearwater Holdings LLC at 1104
N Martin Luther King, Jr. Ave. in repeat violation of Code for Permits; and issue an order
that a daily fine be imposed for each day the repeat violation(s) existed. (Swinton)
See Case 91-19 below for motion to continue.
4.4 Cont. to 7/24/19 - Case 90-19 - Find respondent(s) Roxana Garcia & David
Narvaez-Hernandez at 1540 Scranton Ave. in violation of Code for Hauling Trailer and
Residential Grass Parking; and issue an order with the compliance deadline and fine if
compliance is not met. (Fletcher)
Case 90-19 was continued automatically to July 24, 2019.
4.5 Case 91-19 - Find respondent(s) Florida Minority Comm Reinvestment Coalition Inc at
907 Plaza St. in repeat violation of Code for Lot Clearing; and issue an order that a daily
fine be imposed for each day the repeat violation(s) existed. (Jewett)
Attorney Fuino requested that Cases 89-19 and 91-19 be continued to
July 24, 2019.
Member Engel moved to continue Cases 89-19 and 91-19 to July 24,
2019. The motion was duly seconded and carried unanimously.
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Municipal Code Enforcement Board Meeting Minutes June 26, 2019
4.6 Case 92-19 - Find respondent(s) Coastal Acquisitions Inc. at 1285 S Highland Ave. in
violation of Code for Temporary Signs and Signage without Permits; 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 for signage without
permits and requested a declaration of violation. He recommended
compliance for the temporary signs violation by July 26, 2019 or a fine of $150
per day be imposed. He presented photographs of the temporary signs violation.
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 re
temporary signs. The motion was duly seconded and carried unanimously.
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 re
signage without permits, 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 Engel moved to enter an order requiring the Respondent to
correct the violation re temporary signs on or before July 26, 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.
4.7 Case 93-19 - Find respondent(s) Fritz Property Group LLC at 1305 S Highland Ave. in
violation of Code 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.
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,
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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 Cont. to 7/24/19 - Case 94-19 - Find respondent(s) Pelican Walk Plaza LLC at
483 Mandalay Ave. in violation of Code for Temporary Signs and Signage without Permits;
and issue an order with the compliance deadline and fine if compliance is not met. (Knight)
Case 94-19 was continued automatically to July 24, 2019.
4.9 Case 95-19 - Find respondent(s) Timothy & Tori Charles at 609 Alden Ave. in violation of
Code for Exterior Surfaces and Roof Maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Dixon)
See below for motion for declaration of violation.
4.10 Case 96-19 - Find respondent(s) Timothy & Tori Charles at 609 ½ Alden Ave. in violation
of Code for Exterior Surfaces; 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 Cases 95-19
and 96-19 and requested declarations 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 affidavits for Cases
95-19 and 96-19, the violations were corrected prior to today’s
hearing, and to enter orders that no fines 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.
4.11 Case 97-19 - Find respondent(s) Juan Aldana-Paredes at 904 Jeffords St. in violation of
Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Dixon)
Property owner Juan Aldana-Paredes admitted to the violation.
Inspector Greg Dixon 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 June 26, 2019
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.
4.12 Case 98-19 - Find respondent(s) Chaplin, Jacqueline Est at 1000 Grantwood Ave. in
violation of Code for Fences, Exterior Surfaces, Door & Window Openings, and Window
Maintenance; and issue an order with the compliance deadline and fine if compliance is
not met. (Dixon)
Case 98-19 was continued automatically to July 24, 2019.
4.13 Case 99-19 - Find respondent(s) Hao Thien Huynh and Viet Dang at 695 Mandalay 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)
Property owners Hoa Thien Huynh and Viet Dang said the violation had
been corrected.
Inspector Julie Phillips provided a PowerPoint presentation with
screenshots of vacation rental website advertisements and property
photographs as Prima Facie evidence for 695 Mandalay Avenue: 1) October
5, 2018, 7 – 28-night minimum stay; 2) February 13, 2019, 10 – 31 night
minimum stay; 3) May 1, 2019, 7-night minimum stay; 4) June 10, 2019,
7-night minimum stay, rate quote for 14-night stay; 5) June 12, 2019
photograph of vehicle with Delaware license tag in driveway; and 6)
June 25, 2019, 7-night minimum stay and rate quote for 7-night stay.
Ms. Dang said she had forgotten about the TripAdvisor listing as she had
never had a booking on the site. She said she would fix the listing.
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 Phillips recommended compliance by July 8, 2019 or a fine of
$250 per day be imposed.
Attorney Fuino submitted composite exhibits.
Member Barnes moved to enter an order requiring the Respondent
to correct the violation on or before July 8, 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 June 26, 2019
fine of $250 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.
4.14 Case 100-19 - Find respondent(s) Kelly E Anderson at 832 Pinellas St. in violation of
Code for Short Term Rental; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
Property owner Kelly Anderson said she had corrected the violation.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Engel 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.
4.15 Case 101-19 - Find respondent(s) Elissa and Dax Brady-Sheehan at 1117 Sedeeva St.
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.
4.16 Cont. to 7/24/19 - Case 102-19 - Find respondent(s) Joshua Lagree & Lisa
Garcia at 1793 N Ft. Harrison 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)
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Case 102-19 was continued automatically to July 24, 2019.
4.17 Case 103-19 - Find respondent(s) Steven & Erika Gardner at 3903 Brigadoon Cir. in
violation of Code for Short Term Rental; and issue an order with the compliance deadline
and fine if compliance is not met. (Phillips)
Sharon Friend said she represented the owners as property manager and
had been advised of the Notice of Violation.
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.
4.18 Case 104-19 - Find respondent(s) Pretium S F R Holding LLC at 204 Elizabeth Ave. in
violation of Code for Exterior Storage; and issue an order with the compliance deadline
and fine if compliance is not met. (Kasman)
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 Kasman provided photographs of the property’s front
yard exterior storage of auto parts, a large safe, and a freezer. He had
no communication with the tenant or owner. He recommended
compliance by July 1, 2019 or a fine of $150 per day be imposed.
Concerns were expressed the freezer posed a safety hazard for children
and the fine should be $250/day.
In response to a recommendation that the City remove the freezer before
anyone is injured, Code Compliance Manager Ken Pieslak said the
Board would have to approve a nuisance abatement case before the City
could remove it.
Staff was requested to submit a nuisance abatement case for the freezer.
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Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before July 1, 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 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.
4.19 Case 105-19 - Find respondent(s) William Chepren at 2471 Chaucer St. in violation of
Code for Exterior Storage; 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 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 of up
to $500 for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
4.20 Case 106-19 - Find respondent(s) Jonathan & Kimberly Grinsted at 48 Midway Is. in
violation of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Lance Hidalgo, representing the property owners, requested a 90-day
continuance to resolve issues with Building Officials and an engineer.
He said he rented, then purchased the home from the Grinsteds, who held
the note on the property; he was not on the deed.
Inspector Jason Cantrell provided a PowerPoint presentation with
photographs of work done to raise the pool deck, cover the top of the
seawall, and install stairs. He inspected the property in January 2019 in
response to a complaint. A 2009 Realtor.com photograph showed curved
steps to the pool before unpermitted work was done. He issued a Stop Work
Order in January and sent Notices of Violation in January and March 2019.
Mr. Hidalgo said he spoke to Inspector Cantrell in January while supervising
workers in the backyard. He said after the next door neighbor replaced his,
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Municipal Code Enforcement Board Meeting Minutes June 26, 2019
seawall, he made a minor fix to stop erosion behind his seawall from getting
worse. He said he was a pool contractor and had found numerous
inconsistencies re the 1997 pool installation. He said when steps to the pool
started to fail, he covered everything to save the seawall and prevent
additional failing. He said water from the deck flowed into planters and over
the seawall, not onto neighbor properties. He said when he met with staff
last week, he had planned to apply for a permit and pay the late fine.
Assistant Building Official Dana Root said a permit was required before
fill work was done. He said work in the setbacks, a retaining wall built on
top of the seawall, and the pool deck raised into the 20-foot visibility triangle
probably would not be approved and would have to be removed. The City
was not concerned re work permitted before 1999.
Concern was expressed that Mr. Hidalgo was a pool contractor and
should have known permits were required.
Member Barnes 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. Hidalgo said he had requested a continuance to reach agreement re
special circumstances to protect the seawall and may need to seek counsel.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before September 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. 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.
4.21 WITHDRAWN: Case 107-19 - Find respondent(s) 110 M L K LLC at 110 N Martin Luther
King, Jr. Ave. in violation of Code for Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Cantrell)
Case 107-19 was withdrawn.
4.22 Case 108-19 - Find respondent(s) Bruno One Inc. at 2083 Envoy Ct. 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 Engel moved to find the Respondent(s) in violation of the City
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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 house at 2083
Envoy Court which was sinking in one corner; the house’s foundation also
had cracks. The west side of the occupied house was painted to hide cracks.
Attorney Fuino said in Circuit Court; the judge had found the homeowner
guilty; the homeowner paid the fine but did not make required repairs.
Inspector Cantrell said he was in contact with the property owner who was
aware the corner of the house was sinking. He recommended compliance
by July 26, 2019 or a fine of $150 per day be imposed and permission for
the City to enter the property and take all reasonable actions to correct
the violation. The owner could provide engineering drawings proving the
building was safe.
Attorney Fuino submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent to
correct the violations on or before July 26, 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.
4.23 WITHDRAWN: Case 109-19 - Find respondent(s) Gilbert Jannelli and Barbara Suslak,
c/o J W Ventures at 23837 US Highway 19 in violation of Code for Unsafe Building; and
issue an order with the compliance deadline and fine if compliance is not met. (Cantrell)
Case 109-19 was withdrawn.
4.24 WITHDRAWN: Case 110-19 - Find respondent(s) Elite R E Investments Inc at 1461 N
Ridgelane Cir. in violation of Code for Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Espinosa)
Case 110-19 was withdrawn.
4.25 Case 111-19 - Find respondent(s) Skiff Pt LLC at 250 Skiff Pt. in violation of Code for
Permits; and issue an order with the compliance deadline and fine if compliance is not
met. (Espinosa)
Attorney Michael Boutzoukas admitted to the violation on behalf of the
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property owner.
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 Nilda Espinosa showed photographs of the violation. Before
work was permitted, pavers were installed over the entire property,
including the green space which was a required feature. She
recommended compliance by July 26, 2019 or a fine of $150 per day be
imposed. Attorney Fuino recommended compliance be extended to
October 26, 2019 to correct engineering issues.
Mr. Root said the applicant may not be able install pavers close to the
seawall or add steps by the seawall. Some pavers extended onto a
neighboring property.
Jim Frishe, representing Anastasios Mihos at 240 Skiff Pt., distributed a
copy of the Mihos’ property survey and said the pavers encroached
approximately 1.8 feet onto his client’s property, the subject property
drained onto his client’s property, and his client’s fence had been
removed.
Concern was expressed re drainage onto the neighboring property.
Attorney Boutzoukas said his client had obtained permits for previous
projects but the latest contractor had failed to obtain necessary permits. He
said his client hoped to salvage most of the work that was done. He said
he had noticed the encroachment but did not know previously about
drainage issues. He said the engineering plan would look at drainage.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before October 26, 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.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed:
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5.1.1 Case 47-15
Constance & Trevor Toenjes
859 Bruce Ave.
Exterior Surfaces - Phillips
5.1.2 Case 101-15
Frederick S Bachmann
1425 Gulf to Bay Blvd.
Exterior Surfaces - Brown
5.1.3 Case 46-16
Christine Riley & Stella Mazur
3319 San Bernadino St.
Abandoned Building & Outdoor Storage - Brown
5.1.4 Case 27-18
Brice M Sayles
604 Spencer Ave.
Fences & Lot Clearing - Fletcher
5.1.5 Case 117-18
Surf Style Clearwater Beach Condo Assn Inc
311 S Gulfview Blvd.
Signage without Permits - Knight
5.1.6 Case 150-18
Precision Hotel Mgmt. Co.
1385 Park St.
Sign Maintenance - Knight
5.1.7 Case 172-18
Steven Esposito
1319 Dickenson Dr. 4
Exterior Surfaces - Dixon
5.1.8 Case 179-18
Rene J Neyrey
901 N Ft. Harrison Ave.
Abandoned Building & Exterior Surfaces - Phillips
5.1.9 Case 15-19
Barbara Barber
1430 S Madison Ave.
Exterior Surfaces - Fletcher
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5.1.10 Case 41-19
Norbert Heuser
941 Eldorado Ave.
Short Term Rental - Phillips
5.1.11 Case 42-19
Sheyla Almedina
1856 East Dr.
Short Term Rental - Phillips
Member Prast moved to accept the Affidavits of Compliance for
Cases 47 15, 101 15, 46 16, 27 18, 117 18, 150 18, 172 18, 179 18, 15
19, 41 19, and 42 19. The motion was duly seconded and carried
unanimously.
5.2 Case 132-17 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Y H H LLC at
3100 Gulf-to-Bay Boulevard for Exterior Surfaces and Abandoned Building. (Cantrell)
Property owner Scott Bittman said everything had been taken care of and
the property was in compliance. He said he had repaired storm damages
and removed all concrete the City kept dumping in his parking lot during
its light pole installation project. He said all utilities were on. He said he
painted the building 2 years ago.
Inspector Jason Cantrell said the property was not in compliance and
continued to be an abandoned building. Previously, he was instructed to
delay issuance of a Notice of Non Compliance due to foreclosure issues.
Attorney Fuino said the City had not followed up on the compliance date
of November 26, 2017.
It was recommended the Case be continued to July.
Attorney for the Board Andy Salzman said staff would provide
documentation with dates the inspector saw the property out of
compliance.
Member Cole moved to continue Case 132-17 to July 24, 2019. The
motion was duly seconded and carried unanimously.
5.3 Case 157-18 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Michelle
Lamontagne at 1766 Murray Ave. for Unsafe Building. (Cantrell)
See below for motion of approval.
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5.4 Case 33-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) The Bank of
New York Mellon at 2355 Nursery Rd. for Exterior Surfaces and Roof Maintenance.
(Knight)
See below for motion of approval.
5.5 Case 55-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Imperial Court
Condo Apts. III Assn Inc. at 1433 S Belcher Rd. Bldg. #E-16 for Permits. (Espinosa)
See below for motion of approval.
5.6 Case 56-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Trust 1201 BC
at 1201 Brigadoon Dr. for Permits for 3 separate projects. (Espinosa)
See below for motion of approval.
5.7 Case 62-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Ronald Henry
at 1433 S Belcher Rd. #B-5 for Permits. (Swinton)
See below for motion of approval.
5.8 Case 12-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Marjorie
Connelly, Kevin Kincaid, and Maris Leinweber at 151 Devon Dr. for Permits. (Swinton)
Member Prast moved to accept the Affidavits of Non-Compliance for
Cases 157-18, 33-19, 55-19, 56-19, 62-19, and 12-19 and issue orders
that state 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.
6. Other Board Action
6.1 Cases 74-18 & 75-18 - Continued from May 22, 2019 as lien reduction requests,
modified to: Approve the Stipulation and Agreement for petitioner(s) George P. Brkljacic
Living Trust at 212 and 216 N Saturn Ave. (Phillips)
Property owner George Brkljacic was present.
Attorney Fuino reviewed the Stipulation and Agreement for the properties
at 212 and 216 N. Saturn Avenue. A tree between the duplexes had caused
the parking lot surfaces violations. The liens were approximately $25,000
each. The property owner also owned 2 other properties with violations.
The Saturn Avenue violations were corrected and Mr. Brkljacic agreed
to correct the violations at his 2 other properties and pay a reduced fine of
$5,500 by August 1, 2019.
Mr. Brkljacic said violations at the other 2 properties would be corrected
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by Friday.
Attorney Fuino submitted composite exhibits.
Member Cole moved to approve the Stipulation and Agreement for
petitioner(s) George P. Brkljacic Living Trust. The motion was duly
seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN: Case 127-19 (PNU2019-00325) - Accept the Nuisance Abatement Lien
for respondent(s) Frank Marchiano at 2357 Nash St. for Inoperative Vehicle; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Kasman)
Case 127-19 was withdrawn.
7.2 Case 128-19 (PNU2019-00516) - Accept the Nuisance Abatement Lien for
respondent(s) Platzer, Maria T Living Trust at 620 Edenville Ave. for Inoperative Vehicle;
and issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Kasman)
No one was present to represent the Respondent.
Charles Voight, representing his mother, said she was the property owner
and was very ill. He said he was injured 2 months ago and only recently
returned to work. He said he had lived at the property for 10 years and
owned a business for 6 years. He said he parked his business trucks in the
driveway; many others on the street also parked business trucks in their
driveways. He said the property previously was an ACLF (Adult Congregate
Living Facility) and should not be zoned residential.
Inspector Daniel Kasman provided a PowerPoint presentation. He said
large commercial vehicles could not be parked in residential
neighborhoods. He showed May and June 2019 photographs of a Ford
Explorer onsite without a current license plate. The grass parking violation
was now in compliance. Other violations would be presented to the Board in
the future. He recommended the nuisance be abated within 5 days of the
board’s written order.
Mr. Voight said he had removed the license plate so he could send the
truck to the shop for repairs but had been unable to do that due to his injury.
Member Prast moved to enter an order finding the Respondent in
violation of the Code and requiring the Respondent to correct the
violations within five days of the Board’s written order. If the
Respondent does not comply within the time specified, the City may
Page 16
City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes June 26, 2019
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. 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. Members Prast and Barnes and Acting
Chair Mannino voted "Aye"; Members Engel and Cole voted "Nay."
Motion carried.
7.3 Case 129-19 (PNU2019-00308) - Accept the Nuisance Abatement Lien for
respondent(s) Pretium S F R Holding LLC at 204 Elizabeth Ave. for Inoperative Vehicle;
and issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Kasman)
8. Adjourn
Attest:
'��LE 1
Secretary to the Boarr----
No one was present to represent the Respondent.
Inspector Daniel Kasman presented photographs of an automobile with
an expired license plate parked in the driveway. He had no communication
with the property owner or tenant. He recommended the nuisance be abated
within 5 days of the Board's written order.
Member Prast moved to enter an order finding the Respondent in
violation of the Code and requiring the Respondent to correct the
violations within five days of the Board's written order. 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. 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.
Members thanked staff for performing a key role in keeping Clearwater
bright and beautiful.
The meeting adjourned at 3:40 p.m.
Chair, Municipal Co - Enforcement Board
City of Clearwater