07/24/2019 Municipal Code Enforcement Board Meeting Minutes July 24, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, July 24, 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 July 24, 2019
Roll Call
Present 6 - Chair Sue A. Johnson, Board Member Robert Prast, Board Member
C. Daniel Engel, Board Member Michael Mannino, Board Member
Sheila Cole, and Board Member Jonathan Barnes
Absent 1 - Vice Chair Wayne Carothers
Also Present - Andy Salzman —Attorney for the Board, Michael Fuino —Assistant City
Attorney, Rose Call —Acting 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 June 26, 2019 Municipal Code Enforcement Board minutes as submitted in
written summation.
Member Mannino moved to approve minutes of the June 26, 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
Lisa Clarkson said illegal renters at a Clearwater Beach house have hosted
boisterous parties for the last 2 years. She said repeat offender fines above
$40,000 have not discouraged the property owner's illegal behavior. She
said he had converted the garage into an additional unit. She said a Police
Officer advised her not to approach the property for her own safety. She said
the short-term renters'loud raucous behavior was stressful. She expressed
concerns for the safety of neighborhood residents and children.
It was recommended that staff file a Nuisance Abatement case against the
property.
4. New Business Items
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
4.1 Continued from June 26, 2019 - 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)
Assistant City Attorney Michael Fuino said he had spoken with the
property owner and requested the case be continued to a date uncertain.
Member Cole moved to continue Case 89-19 to a date uncertain.
The motion was duly seconded and carried unanimously.
4.2 Case 112-19 - Find respondent(s) Eddie A Whitfield at 1481 Hamlet Ave. in violation of
Standard Housing Code; and issue an order with the compliance deadline and fine if
compliance is not met. (Espinosa)
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 Nilda Espinosa provided a PowerPoint presentation including
photographs of the violations. She recommended compliance by
August 30, 2019 or a fine of$200 per day be imposed for the Standard
Housing Code Violation 1) Maintenance, 2) Sanitary Facilities, 3) Heat,
4) Smoke Detector, 5) Electrical System Requirements, 6) Window
Hardware, 7) Exterior Door Frames; 8) Interior, 9) Interior Doors, 10)
Roofs; 11) Windows, and 12) Windows to be Glazed. The owner had not
called her. The former tenant had let her in the house to take photographs.
A new tenant lived there now.
Considering the egregious conditions, it was recommended that the fine
amount be increased.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before August 30, 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.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
4.3 Case 132-19 - Find respondent(s) Jeffrey Litton at 303 Cedar St. in violation of Code for
Permits; and issue an order with the compliance deadline and fine if compliance is not
met. (Espinosa)
Case 132-19 was continued automatically to August 28, 2019.
4.4 Continue to August 28, 2019 - Case 133-19 - Find respondent(s) Giordan Advisors Inc at
909 Beckett St. in violation of Code for Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Espinosa)
Case 133-19 was continued automatically to August 28, 2019.
4.5 Case 134-19 - Find respondent(s) Silas Keiper at 1316 Young Ave. in violation of
Standard Housing Code; 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 house where the
electric power meter had been removed. He confirmed with Duke Energy
several times that the property had no active service, residents depended
on a generator. He recommended compliance by August 24, 2019 or a fine
of$150 per day be imposed for the violation of living without electricity and
requirements for hot water, an operable hot water heater, and heat.
Inspector Cantrell said this case was adjudicated on March 7, 2019. The
property owner said he would not turn on the electricity as ordered by the
Court.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation on or before August 24, 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.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
4.6 Continued from June 26, 2019 - 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)
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 Gregory Dixon presented photographs of the 4 violations. He
did not know if anyone lived at the property or if it had utilities. He
recommended compliance by August 31, 2019 or a fine of$150 per day
per violation be imposed for the fences, exterior surfaces, door& window
openings, and window maintenance violations.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent
to correct the violations on or before August 31, 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
4.7 Case 113-19 - Find respondent(s) Precision Hotel Mgmt. Co at 1800, 18067 18127 1812
'/2, 18167 1818 N Ft. Harrison Ave., and 417 & 419 Venetian Dr in violation of Code for
Exterior Surfaces, Delinquent Business Tax Receipt, and Residential Rental Business
Tax Receipt; and issue an order with the compliance deadline and fine if compliance is
not met. (Dixon)
Respondent Wayne Mitchell said he had terminated the property manager,
taken over hotel management and was living onsite. He said he was doing
general renovation of the rooms and wanted to get the property into
compliance as soon as possible. He said he had toured the property with his
wife and the inspector who identified necessary repairs. He admitted to the
violation.
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 Gregory Dixon presented photos of the violation for exterior
surfaces on the sides and rear of the structures. He said 2 Business Tax
Receipts were delinquent and a residential Rental Business Tax Receipt
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was required for rentals at 1812 and 1812 % N. Ft. Harrison Avenue. As
of this morning, no Business Tax Receipts had been paid. He
recommended compliance by August 31, 2019 or a fine of$250 per day
per each of the 3 violations be imposed.
Mr. Mitchell said he now knew what needed to be done and would try his
best to comply quickly. He said he would establish a proactive
maintenance program and requested additional time.
Concern was expressed additional time should not be necessary to obtain
Business Tax Receipts. It was suggested the compliance deadline for
exterior surfaces be extended to September 30, 2019.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent
to correct the violations for the Business Tax Receipts and
Rental Business Tax Receipt on or before August 31, 2019 and to
correct the violation for exterior surfaces on or before September
30, 3019. If the Respondent does not comply within the times
specified, the Board may order a fine of $250 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.
4.8 Case 114-19 - Find respondent(s) James Huelster, Lynne Heaphy, Linda Crotty, Breanna
Crotty, Anton Bociek, & Laurie Bociek at 509 Cedar St. & 912 N Garden Ave. in violation
of Code for Exterior Surfaces, Door &Window Openings, Window Maintenance, and
Abandoned Building; 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 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 Gregory Dixon recommended compliance by August 31, 2019
or a fine of$150 per day per violation be imposed for the 4 violations for
exterior surfaces, door& window openings, window maintenance, and
abandoned building. He presented photos of the violations at the 2
structures on the same parcel. Someone was living in the Cedar Street
structure with boarded windows. When citing the property, a man onsite
said he would address the violation, more boards were later attached to the
building's exterior. Recently, someone started pulling boards off the
windows.
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Concern was expressed the property was being rented, the owners were
running a business, and the fine should be higher.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violations on or before August 31,
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
4.9 Continued from June 26, 2019, Continue to September 25, 2019 - 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 September 25, 2019.
4.10Case 115-19 - Find respondent(s) Thrash, Margaret A Revocable Trust at 18911 US
Highway 19 in violation of Code for 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 and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Barnes 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.
4.11 Case 116-19 - Find respondent(s) Kaltsounis Investments LLC at 2095 Drew St. in
violation of Code for Signage without Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Knight)
Thimitra Altounis was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
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.
4.12Case 117-19 - Find respondent(s) C & K of Safety Harbor LLC at 2862 Gulf to Bay Blvd.
in violation of Code for 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 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.
4.13WITHDRAWN: Case 118-19 - Find respondent(s) Ker Holdings Beachview LLC at 325 S
Gulfview Blvd. in violation of Code for Business Tax Receipt; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 118-19 was automatically withdrawn.
4.14WITHDRAWN: Case 119-19 - Find respondent(s) 387-391 Mandalay Ave. LLC at 377
Mandalay Ave. in violation of Code for Temporary Signs; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 119-19 was automatically withdrawn.
4.15Case 120-19 - Find respondent(s) Beachwalk LLC at 333 S Gulfview Blvd. in violation of
Code for Temporary Signs; and issue an order with the compliance deadline and fine if
compliance is not met. (Knight)
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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.
4.16Continued from June 26, 2019, Continue to August 28, 2019 - 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 August 28, 2019
4.17Case 121-19 - Find respondent(s) Justin Carrico at 1519 S Prospect Ave. in violation of
Code for Residential Grass Parking and Commercial Vehicle Parking; and issue an
order with the compliance deadline and fine if compliance is not met. (Fletcher)
Property owner Justin Carrico admitted to the violations.
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
motion was duly seconded and carried unanimously.
Inspector Vicki Fletcher said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Engel moved to find 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.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
4.18Case 122-19 - Find respondent(s) Laura Bailey at 1155 Howard St. in violation of Code
for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Fletcher)
Property owner Laura Bailey admitted to the violation.
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 Vicki Fletcher presented photographs of the violation,-
additional
iolation,additional violations had been corrected. The Police Department had
referenced the case to Code Compliance after finding stolen vehicles in
the rear of the property. She could not proceed with the exterior surfaces
violation until the Police investigation was completed. The house had been
rented to family members. Homestead exemption fraud was reported, Ms.
Bailey was back in the house.
Ms. Bailey said she had owned the property since 2007 as her primary
residence. She said her friends become hostile when she asked them to
move out. She said since last year she had tried to qualify for loans to
make repairs. She said friends had left behind debris and a broken
window. She said repairing the dry rot and repainting the house had been
estimated to cost $3,000. She said she had just returned to Florida and
requested 60 days to comply, She said her homestead exemption had
been reinstated.
Inspector Fletcher recommended compliance by August 8, 2019 or a fine
of$150 per day be imposed for the exterior surfaces violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before September 29, 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.
4.19Case 123-19 - Find respondent(s) KTE LLC at 2620 State Road 590 in violation of Code
for Business Tax Receipt; and issue an order with the compliance deadline and fine if
compliance is not met. (Brown)
No one was present to represent the Respondent.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
Inspector Shelby Brown provided a PowerPoint presentation on the
Development Code and BTR (Business Tax Receipt) violations. The
commercially zoned property had 3 units that once operated businesses
without City review or approval or BTRs. Two units operated electronic
gambling casinos, a prohibited use in every zoning district. One unit was
operated as a massage business, a permitted use subsequent to all
applicable reviews, background checks, and approvals.
Inspector Brown presented photographs of the property. The Coachman
Square freestanding sign advertised Massage Spa and Bruer's Arcade,
Skilled Games 21 & older, and $535/day max merchandise redemption.
When first inspected, the massage business in Unit C lacked a BTR but was
now in compliance. Signs on the doors to the front business referenced new
management and business hours. Inside the casino business were
electronic gambling terminals, an ATM (Automated Teller Machine), and
signage listing available prizes. Unit D had signage for the Children's
Theater of Tampa Bay, no BTR and was decorated for Easter but operated
as a casino with electronic gambling terminals, an ATM, and signage re the
host and the costs and times for progressive games. More than 12 patrons
were in front of electronic gambling terminals.
In response to a question, Inspector Brown said the building owner was
responsible for what occurs on the property. The second casino, a separate
business, had moved. The property owner had contacted her stating the
violation would be corrected. As of July 23, 2019, all Bruer's signage had
been removed. She recommended compliance by July 31, 2019 or a fine of
$250 per day per violation be imposed for the 2 Development Code and BTR
violations.
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.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent
to correct the violations on or before July 31, 2019. If the Respondent
does not comply within the time specified, the Board may order a fine
of $250 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.
4.20Case 124-19 - Find respondent(s) James Mack at 1743 Harbor Dr. in violation of Code
for Clean Roof, Lot Clearing, Inoperative Vehicle, Exterior Storage and boat trailer; and
issue an order with the compliance deadline and fine if compliance is not met. (Jewett)
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
Property owner James Mack admitted to the violations.
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 Eric Jewett presented photographs of the 5 violations for trash
and debris, inoperative vehicles in the back yard, an inoperative vehicle
in the driveway, outdoor storage, and a dirty roof with dead vines, leaves
and debris. A complaint had been called in anonymously. Mr. Mack and
others lived in the house. Today he advised Mr. Mack that the plumbing
scraps and random items in the yard were not permitted and explained
actions needed re the motorcycle, multiple boats, vehicles, piles of cans,
plumbing supplies, trash, and other outdoor storage.
Inspector Jewett recommended compliance by August 24, 2019 or a fine
of$200 per day per violation be imposed for the 5 violations.
Mr. Mack said he could meet the deadline.
Attorney Fuino submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent
to correct the violations on or before August 24, 2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $200 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.
4.21 Continued from June 26, 2019 - 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)
Property owner Joshua Lagree 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 Julie Phillips provided a condensed PowerPoint presentation.
Screenshots showed the property was advertised on Airbnb with a 1-night
minimum stay, $359 nightly rates, multiple reviews from September and
November 2018, and a rate quote for a 3-night stay. On July 23, 2019,
she obtained a rate quote for a 4-night stay on VRBO, which advertised
1-night minimum stays. She recommended compliance by August 1,
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2019 or a fine of$250 per day for the short-term rental violation.
Mr. Lagree said he rented out his house in Lake Tahoe short-term and
did not know until recently that when he travelled he could not rent this
house for less than 31 days, even if he only rented it once a month. He
said it was not a party house and his guests were afraid of the hotel that
offered nightly rentals across the street.
In response to a question, Attorney for the Board Andy Salzman said the
maximum fine was limited to $250/day.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent
to correct the violation on or before August 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.
4.22Case 125-19 - Find respondent(s) Bruce & Melody Hause at 607 S Prospect 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.
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.
4.23Case 126-19 - Find respondent(s) Robert Barker at 1511 S Hillcrest Ave. in violation of
Code for Hauling Trailer and RV Parking; and issue an order with the compliance
deadline and fine if compliance is not met. (Touray)
Property owner Robert Barker admitted to the violations.
Member Prast moved to find the Respondent(s) in violation of the City
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Meeting Minutes July 24, 2019
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Yusef Touray presented photographs of the 2 violations for an
unscreened RV and hauling trailer. Yesterday, the hauling trailer was in
the driveway. The violations were discovered during a neighborhood
sweep. He recommended compliance by August 24, 2019 or a fine of
$150 per day per violation be imposed. He said the fence had to be solid.
Mr. Barker said he had concerns re parking the RV on the side of the
house and about the type of fence that would be permitted. He said he
installed the 16 -foot chain-link fence with mesh inserts so it would not be
destroyed by high winds during a storm. He requested additional time.
It was stated the permitting office would advise him re legal fencing options.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent
to correct the violations on or before September 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.
5. Unfinished Business
5.1 Accept the affidavits of Compliance as listed.
5.1.1 Case 132-17 Affidavit of Compliance
YHHLLC
3100 Gulf -to -Bay Boulevard
Abandoned Building & Exterior Surfaces - Cantrell
5.1.2 Case 120-18 Affidavit of Compliance
Veronica Zerman
301 N Madison Ave.
Clean Roof & Landscape Maintenance - Jewett
5.1.3 Case 60-19 Affidavit of Compliance
Patricia P Tarrou
2016 Little Neck Rd.
Public Health, Safety or We++Ifare Nuisance - Della Volpe
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5.1.4 Case 82-19 Affidavit of Compliance
Joseph & Cecelia Muller
1422 Jasmine Ave.
Landscape Required, Residential Grass Parking, & RV Parking - Touray
5.1.5 Case 99-19 Affidavit of Compliance
Hao Thien Huynh & Viet Dang
695 Mandalay Ave.
Short Term Rental - Phillips
Member Prast moved to accept the Affidavits of Compliance for
Cases 132-17, 120-18, 60-19, 82-19 and 99-19. The motion was
duly seconded and carried unanimously.
5.2 Case 161-18 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Amalia &
Emmanuel Makryllos at 1536 Palmetto St. for Unsafe Building. (Cantrell)
Property owner Emmanuel Makryllos said he needed more time to
comply. He said in April he had been accepted in the Rebuild Florida
program, yesterday he received an email from the program indicating a
Tampa inspector would contact him to inspect his home for a grant. He
said he had exhausted his funds paying off his mortgage. He said he
could not sell his house or obtain a loan to repair it because of the City's
noncompliance filing. He said the house needed major electric, drywall,
etc. work and a new roof. He said the State allowed up to $150,000 for
repairs but he may need to raze it.
Attorney Fuino said the Affidavit of Non-Compliance for the unsafe
building did not have a fine. The City would not release the noncompliance
citation as the condition still existed and the City would then need to restart
the case.
Assistant Building Official Dana Root said the owner was notified re the
unsafe building on January 18, 2019 and the MCEB (Municipal Code
Enforcement Board) had found the house to be unsafe. He said the owner
had been in contact with staff, the City had approved the Architect's plans,
and the permit was ready to go. The City had filed an intent to lien for the
noncompliance issue to notify the property owner and future buyers that
the property may be subject to a lien.
Concern was expressed the property owner was in a Catch 22 as he could
not get a loan to fix the property because the City's intent to lien filing had
tarnished his title. It was suggested the owner speak with Attorney Fuino.
Mr. Makryllos said after he removed the roof tarp to comply with the City's
order, rain from the hurricane seeped into the house's subframes.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2019
Attorney Salzman said the board could continue the case for 30 days.
Attorney Fuino said he needed to see a copy of the title.
Member Prast moved to continue Case 161-18 to September 24,
2019. The motion was duly seconded and carried unanimously.
5.3 Case 16-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Dionne Hicks
& Lawanda Griffin at 1151 Woodlawn St. for Exterior Surfaces. (Fletcher)
Property owner Dianne Hicks said she did not know what was wrong with
her property.
Inspector Vicki Fletcher presented photographs of the violation for exterior
surfaces including rotted wood. She issued a Notice of Violation on October
25, 2018 and brought it to the Board on February 27, 2019. The MCEB gave
the property owner an extra 31 days, to April 29, 2019, to comply. On May 7,
2019 the house was still out of compliance, peeling paint remained, and
rotted wood was replaced but not finished.
Ms. Hicks said the mold and other issues had been repaired and the
house was in compliance following rain delays. She said the house next
door was in worse shape. In response to a question, she said she had not
brought proof the work was completed and she did not know she had to
contact the inspector.
Inspector Fletcher said she would inspect the house.
Attorney Fuino told Ms. Hicks to schedule a time for the inspection at
today's meeting.
Member Prast moved to continue Case 16-19 to August 28, 2019.
The motion was duly seconded and carried unanimously.
5.4 Case 17-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) R E Metz
Properties at 1616 Gulf to Bay Blvd. for Temporary Signs. (Knight)
No one was present to represent the Respondent.
See below for motion to accept the Affidavit(s) of Non Compliance.
5.5 Case 26-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) 902 Turner St
Land Trust at 904 '/2 Turner St. for Unsafe Building. (Cantrell)
No one was present to represent the Respondent.
See below for motion to accept the Affidavit(s) of Non Compliance.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 24, 2019
5.6 Case 30-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Mohamed
Abdurrahman at 1565 S Prospect Ave. for Exterior Surfaces, Exterior Storage, and Roof
Maintenance. (Fletcher)
Property tenant Vee Vie was present without authorization to represent
the Respondent who was not present. She said when Inspector Fletcher
stopped by, property owner Mohamed Abdurrahman thought she was
there for a loan to repair the roof. She said Mr. Abdurrahman was an
alcoholic and she did not know where he was. She said she and tenant
Jack had invested all their savings and money trying to repair the house.
She said a roofer had demolished the front porch and applied for a
permit, but additional things had to be done. She said they had gotten a
lot done and requested additional time.
It was noted the property was not in compliance and Ms. Vie had been
advised to contact the inspector if she needed more time.
Ms. Vie said they just got the permit and got started. She said they could
not afford fines, people were helping them to avoid fines.
Inspector Fletcher said Ms. Vie she did not own the property and could
not obtain a permit, no permit had been pulled by the compliance
deadline. On March 27, 2019 she spoke with Ms. Vie. Painting indoor
furniture with outdoor paint did not make it outdoor furniture. The
collapsing roof over one room had been removed, allowing vines to grow
over exterior walls and into the room.
Sympathy was expressed for Ms. Vie's efforts trying to protect her living
space but it was recommended that she move on.
Ms. Vie said she had not seen Mr. Abdurrahman or told him about the
Code Enforcement procedure. She said she and tenant Jack had invested in
the house. She said 3 residents had interest in the property and paid the
utility bills. In response to a question re where she sends her rent, Ms. Vie
said before, Mr. Abdurrahman spent the rent money and did not pay the
utility bills. She said she now collects the rent and pays for the utilities. She
said she was the only sober person in the house. She said Mr. Abdurrahman
did not contribute to house expenses. She said he felt he was incompetent
and had offered to sign over the house to her and tenant Jack. She did not
have a document to prove ownership.
Attorney Salzman said the owner had chosen not to honor the City's
request to come forward to deal with Code compliance issues.
Ns. Vie said they needed just a few more months.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 24, 2019
Member Prast moved to accept the Affidavit of Non-Compliance
and issue an order that imposes fines and states 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.
5.7 Case 36-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Countryside
Country Club Inc. at 3001 Countryside Blvd. for Temporary Signs. (Knight)
No one was present to represent the Respondent.
See below for motion to accept the Affidavit(s) of Non Compliance.
5.8 Case 51-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Gulfview
Lodging LLP at 355 S Gulfview Blvd. for Unsafe Building. (Cantrell)
Attorney Fuino said Case 51-19 would be continued to a date uncertain.
5.9 Case 70-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Street Dreams
Irrevocable Trust at 603 Cedar St. for Permits. (Espinosa)
No one was present to represent the Respondent.
Member Prast moved to accept the Affidavits of Non-Compliance
for Cases 17-19, 36-19 and 70-19 and issue orders imposing fines
and to accept the Affidavit of Non-Compliance for Case 26-19 and
issue an order that the City may take all reasonable actions, including
entry onto the property, to bring the property into compliance and
charge the Respondent with all costs, which will become a lien on the
property. If fines and fees remain unpaid 3 months after such liens are
filed, the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
5.10WITHDRAWN: Continued from June 26, 2019 - Case 132-17 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Y H H LLC at 3100 Gulf to Bay Blvd. for Exterior
Surfaces and Abandoned Building. (Cantrell)
Case 132-17 was withdrawn
6. Other Board Action
6.1 Case 134-18 - Consider request by petitioner(s) Neim Abdullaj at 519 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. (Brown)
Perparim Zeqiri was present on behalf of his father, the property owner.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 24, 2019
Inspector Shelby Brown said the violation was corrected. The City
supported reducing the fine to administration costs of$1,477.20.
Member Prast moved to enter an order reducing the fine for Case
134-18 to administration costs of$1,477.20 payable within 30
days or the lien will revert to its original amount. The motion was
duly seconded and carried unanimously.
6.2 Case 141-18 - Approve the Stipulation and Agreement for petitioner(s) Pat Brooking at
1118 LaSalle St. (Phillips)
No one was present to represent the Respondent.
Attorney Fuino said he had not received a signed copy of the agreement,
Case 141-18 needed to be continued. The City will put the case on the
agenda when paperwork is completed.
7. Nuisance Abatement Lien Filings
7.1 Case 130-19 (PNU2019-00721) - Accept the Nuisance Abatement Lien for
respondent(s) Chamusco, Anthony R A and Angie A Rev Trust at 1565 Gentry 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)
Property owner Anthony Chamusco said problems at the property have
gone on for almost 2 %years, which was too long. He said he was trying to
get the stuff off the property. He said he wanted to live in the house and
did not want to lose it. He said he has had no money since he left his job
in 2016 and had been trying to make money by teaching people skills.
He said he had moved his property from a storage unit to the house. He
said his injuries from an old auto accident flared when he was moving the
furniture.
Inspector Stephen Della Volpe said the property had one violation for lot
clearing/debris and property maintenance. He presented photographs of
the outside storage including a tire in front of the garage, multiple items
on the front porch blocking the front door, miscellaneous items in the
front, back and side yards, and severe overgrowth with vines covering
some outdoor storage items. The property had not improved between
June and July. A small swath of grass in the front yard had been cut, the
backyard had significant overgrowth.
Inspector Della Volpe recommended the Board order the property owner
to clean up the property within i5 days or the City hire a contractor to
clean the property, remove outdoor storage, and then charge the property
owner the reasonable cost which will become a lien on the property, he
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 24, 2019
did not know how the contractor would dispose of the items.
In response to a question, Attorney Fuino said if the property owner
complied nothing would happen. The City could foreclose on the property
for unpaid costs if it was not homesteaded. The City could maintain the
property in the future if grass grows too high. The City had 20 years to
foreclose on properties but was not required to do so.
Mr. Chamusco said he had another violation since 2017 with a $250 daily
fine and asked if that violation could be added to a future agenda. He said
he was unable to move many things due to multiple health problems. He
said his lawnmower had broken. He said he had asked for help.
Member Mannino moved to enter an order finding the
Respondent in violation of the City of Clearwater Code and
requiring the Respondent to correct the violations 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.
7.2 Case 131-19 (PNU2019-00398) - Accept the Nuisance Abatement Lien for
respondent(s) Kathryn Adelene Miller at 3168 San Mateo 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. (Brown)
No one was present to represent the Respondent.
See below for motion of approval.
7.3 Case 135-19 (PNU2019-00520) - Accept the Nuisance Abatement Lien for
respondent(s) Bruno One Inc at 2083 Envoy Ct. 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.
Member Engel moved to enter orders finding the Respondents in
violation of the City of Clearwater Code for Cases 131 19
(PNU2019 00398) and 135 19 (PNU2019 00520) 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,
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City of Clearwater
Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes July 24, 2019
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.
The meeting adjourned at 4:00 p.m.
Chair, Munici .r ode Enforcement Board
Secretary to the Boa
City of Clearwater
'AHED Nq
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