08/28/2019 Municipal Code Enforcement Board Meeting Minutes August 28, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, August 28, 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 August 28, 2019
Roll Call
Present 5 - Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member
Robert Prast, Board Member C. Daniel Engel, and Board Member
Michael Mannino
Absent 2 - 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 July 24, 2019 Municipal Code Enforcement Board minutes as submitted in
written summation.
Member Prast moved to approve minutes of the July 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 Continued from April 24, 2019 and May 22, 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 Respondent, said due to access
problems, the dock was not torn down by August 25, 2019 as scheduled, the
dock will be removed by September 6, 2019. He said the Respondent
consented to an order to comply within 30 days or a fine be imposed.
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.
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
Inspector Jason Cantrell recommended compliance by September 28,
2019 or a fine of$150 per day and authorization for the City to take
corrective action.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violations on or before September 28, 2019. If the
Respondent does not comply by that date, the Board may order a fine
of $150 per day for each day the violation continues to exist and 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. 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.
4.2 Continued from July 24, 2019, Continue to September 25, 2019 - 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 to September 25, 2019.
4.3 Continued from July 24, 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)
Joe Gelary, for Giordan Advisors Inc., admitted to the violation.
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 Nilda Espinosa recommended compliance by September 27,
2019 or a fine of$150 per day be imposed for the violation re required
permit and inspections, and work commencing before permit issuance.
She presented photographs of the unpermitted work.
Mr. Gelary requested 90 days to comply as it will take time to obtain
necessary permits.
Official Building Official Dana Root said the City would support compliance
in 60 days.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
Member Carothers moved to enter an order requiring the Respondent to
correct the violation on or before October 27, 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.
4.4 WITHDRAWN- Continued from June 26, 2019 and July 24, 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 withdrawn.
4.5 Case 136-19 - Find respondent(s) Stars Cleaners of Tampa Bay, Inc. at 19080 US
Highway 19 in violation of Code for Exterior Surfaces; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
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 Daniel Knight recommended compliance by September 28, 2019
or a fine of$150 per day be imposed for the exterior surfaces violation. He
presented photographs of the violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before September 28, 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.
4.6 Case 137-19 - Find respondent(s) Pope Shenouda Real Estate Management LLC at 1602
Gulf to Bay Blvd. in violation of Code for Sign Maintenance 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. The sign
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
maintenance violation was not corrected.
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 for signage without permits 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 Mannino moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case for
sign maintenance. The motion was duly seconded and carried
unanimously.
Inspector Knight recommended compliance by September 28, 2019 or a
fine of$150 per day be imposed for the sign maintenance violation. Repair
costs will not exceed 50% of the nonconforming sign's assessed value when
it was installed.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation for sign maintenance on or
before September 28, 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 138-19 - Find respondent(s) Florida Convalescent Centers Inc. at 3480 N McMullen
Booth Rd. in violation of Code for Prohibited Signage; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Nicholas Neubauer, representing the Respondent, said he did not know
that feather signs violated Code.
Inspector Daniel Knight said after he sent the Notice of Violation to the
property owner, a woman called about the feather signs, other temporary
signs were then removed. He spoke with multiple on site managers
regarding the violation. He showed photographs of the violation. In July, he
removed the feather signs from the right-of-way, carried them into the
facility, and told the receptionist and manager that no signage was permitted
in City rights-of-way and the prohibited feather signs had to be removed.
Feather signs were still present on August 23, 2019.
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
Mr. Neubauer said he was an employee and had thought feather signs
were only prohibited in the right-of-way. He said he had seen feather
signs in front of Clearwater businesses and thought they were allowed.
He said he would remove them.
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 Knight recommended compliance by September 7, 2019 or a fine
of$150 per day be imposed.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before September 7, 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.
4.8 Case 139-19 - Find respondent(s) St Lucie Enterprises LLC at 1600 S Highland Ave. in
violation of Code for Prohibited Signage and Business Tax Receipt Required; and issue
an order with the compliance deadline and fine if compliance is not met. (Knight)
Property owner Maged Moussa admitted to the violations.
Inspector Daniel Knight said compliance had been met re prohibited signage
and requested a declaration of violation, the business did not have an active
BTR (Business Tax Receipt).
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 for prohibited signage 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 find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case for a
required Business Tax Receipt. The motion was duly seconded and
carried unanimously.
Inspector Knight said the business owner was working to obtain the State
license required for City issuance of a BTR. He recommended compliance
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by September 28, 2019 or a fine of$150 per day be imposed.
Mr. Moussa said his tenant owned the business. He requested 60 days to
comply.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation for Business Tax Receipt on or before
October 28, 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.
4.9 Case 140-19 - Find respondent(s) Betty Lane LLC at 311 S Betty Ln. in violation of Code
for Business Tax Receipt; and issue an order with the compliance deadline and fine if
compliance is not met. (Knight)
No one was present to represent the Respondent.
Member 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 Daniel Knight recommended compliance by September 24, 2019
or a fine of$150 per day be imposed for the BTR violation. When he cited
the apartment complex, he informed the property manager that a State
license was needed before the City would issue a BTR. He gave the
manager time to obtain the license but did not hear back from him.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent
to correct the violation 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 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 August 28, 2019
4.10Case 141-19 - Find respondent(s) Zahid Roy at 700 Minnesota Dr. in repeat violation of
Code for Exterior Surfaces; and issue an order that a daily fine be imposed for each day
the repeat violation(s) existed. (Jewett)
Property owner Zahid Roy denied the repeat violation.
Inspector Eric Jewett provided a PowerPoint presentation on the repeat
violation for exterior surfaces at 700 Minnesota Drive. He reviewed the
Code definition of a repeat violation. On January 23, 2019, the MCEB
(Municipal Code Enforcement Board) issued an order(Case 180-19) with
a February 23, 2019 compliance deadline for the exterior surfaces
violation at Mr. Zahid's property at 1412 Ft. Harrison Ave., the Affidavit of
Compliance was on today's agenda for approval. Several times, Mr.
Jewett and his manager met Mr. Zahid at his Minnesota Drive property
and explained necessary repairs.
Inspector Jewett presented photographs of the violation beginning July 2,
2019 that showed dirt, mold, faded, peeling and missing paint on exterior
surfaces, windows, soffit and fascia and holes in the soffit where vent covers
were missing. While some painting had been done, August 27, 2019
photographs showed the rear of the property, the soffit and window trim had
not been painted and soffit holes remained uncovered. The property was not
occupied. A neighbor had called in the complaint.
Mr. Roy said he had met with City inspectors. He said he could not paint
when it rained over the weekend. He said his Ft. Harrison Ave. property was
in compliance and should not affect his Minnesota Drive property. He said a
language barrier was a key problem for him as English was his second
language. He said he had a disability. He said he purchased rundown
properties and it took him a long time to fix them because he worked
full-time and traveled and could only work on the property on weekends. He
requested time to paint the house, stating he would do it next weekend.
Inspector Jewett said he had no problem understanding Mr. Roy when
pointing out everything that needed to be done. He recommended a $500
per day fine be imposed for the 57 days, from July 2 to August 28, 2019,
when the repeat violation existed for a total of$28,500. The exterior surfaces
were not in compliance today.
Attorney Fuino said Mr. Roy had been before the MCEB previously for other
violations on his properties. Staff recommended the maximum daily fine.
Support was expressed for the recommended fine. It was stated that Mr.
Roy was a capable English speaker. It was noted it did not rain all day
every day and repairs needed to be done quickly.
Mr. Roy requested that his properties be considered individually. He said
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he always brought run down properties up to Code. He said he purchased
the subject property in 2011.
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 and
has committed a repeat violation. The motion was duly seconded and
carried unanimously.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order that a fine of$500 per day
be imposed for the 57 days the repeat violation existed for a total
fine of $28,500 payable within 45 days of posting of the Order. If
fines and fees remain unpaid 3 months after such lien is filed, the
City is authorized to foreclose, collect or settle such lien. If the
Respondent repeats the violation, the Board may order a fine of
up to $500 for each day each violation continues to exist. The
motion was duly seconded and carried unanimously
4.11 Case 142-19 - Find respondent(s) Beverly Sydow at 1913 Coles Rd. in violation of Code
for Exterior Storage; and issue an order with the compliance deadline and fine if
compliance is not met. (Jewett)
Case 142-19 was continued to September 25, 2019
4.12Case 143-19 - Find respondent(s) Koegler, Jean A Est at 135 Brightwater Dr#4 in
violation of Code for 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.
Inspector Gregory Dixon recommended compliance by September 25,
2019 or a fine of$150 per day be imposed for the Abandoned Building
violation. The owner was deceased, the vacant property previously was
operated as a small motel. Water utilities were turned off last year. He was
unable to contact the owner's son anymore.
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.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before September 25, 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
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
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.
4.13Case 144-19 - Find respondent(s) Vincente Mayuri & Leovina Vargas at 1290 Edenville
Ave. in violation of Code for Exterior Surfaces and Abandoned Building; and issue an
order with the compliance deadline and fine if compliance is not met. (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 September 25,
2019 or a fine of$150 per day per violation be imposed for the abandoned
building and exterior surfaces violations. He provided photographs of the
violations. The property last had water utilities in 2011. Some work was done
on exterior surfaces and some bushes were removed. His first contact with
the property owners was today via phone. Property taxes were paid.
Neighbors reported some people had stayed a short time after the property
was purchased about 20 years ago, but they never came back.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violations on or before September 25, 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.
4.14Case 145-19 - Find respondent(s) Padden, Josephine Tre at 51 Verbena St. in violation
of Code for 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 September 25, 2019
or a fine of$150 per day be imposed for the abandoned building violation.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
Member Mannino moved to enter an order requiring the Respondent
to correct the violation on or before September 25, 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.
4.15Case 146-19 - Find respondent(s) 3077 Doxberry Court Land Trust, PDK Unlimited Inc
Tre at 3077 Doxberry Ct. in violation of Code for Short Term Rental and Residential
Rental Business Tax Receipt; 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.
4.16Case 147-19 - Find respondent(s) Cambria Paradise LLC at 18 Cambria 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 Ajay Mane said the property was zoned tourist, he was
speaking with a consultant to see if the property qualified for short-term rentals.
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
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
motion was duly seconded and carried unanimously.
4.17Case 148-19 - Find respondent(s) Platzer, Maria T Living Trust, Platzer, Maria T Tre at
620 Edenville Ave. in violation of Code for Home Occupation Vehicle Parking and
Commercial Vehicle in Residential Zoning District; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
Charles Voight said the property was owned by his 86-year-old mother
who was ill. He requested a continuance so he could talk to his attorney.
He said he needed access to his trucks to take care of his clients.
Inspector Daniel Kasman provided a PowerPoint presentation and showed
photos of the 2 violations at 620 Edenville Avenue for home occupation
vehicle parking, a commercial vehicle between the principle structure and
right-of-way, and a commercial vehicle in a residential zoning district. The
oversized box truck, featuring advertising for the onsite home business, was
not permitted in a residential neighborhood. The large and small decals on
the smaller vehicle advertising the home business were finally covered in
June. Mr. Voight registered his business in 2016 and signed the BTR
application which referenced regulations that commercial vehicles shall
not be parked or stored in any residential zoning districts. He showed Mr.
Voight engineering documents indicating the house was zoned residential.
He recommended compliance by September 2, 2019 or a fine of$150 per
day per violation be imposed.
Mr. Voight said he spent half of his days taking care of his sick mother.
He said he was on 24-hour call for his business.
Discussion ensued with comments that while it was admirable that Mr.
Voight took care of his mother, the City wanted compliance, the commercial
vehicle had been parked in front of the house for more than a year, a
resident had long ago informed him of the Code requirement to remove it,
and he was acting as if this was the first time he heard about the violation.
Attorney Fuino submitted composite exhibits.
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.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before October 2, 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
5. Unfinished Business
Meeting Minutes August 28, 2019
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 65-17 Affidavit of Compliance
David Nelson
1574 S Martin Luther King Jr. Avenue
Fences/Grass Parking - Phillips
5.1.2 Case120-17 Affidavit of Compliance
Ciro A Romero
871 Casler Ave.
Fences & Walls/Roof Maintenance - Hollifield
5.1.3 Case 166-17 Affidavit of Compliance
R E Metz Properties
1616 Gulf -to -Bay Boulevard A
Attached Sings in Non -Residential District - Knight
5.1.4 Case 09-18 Affidavit of Compliance
Celeste A Kroha
1919 Beckett Lake Dr.
Exterior Surfaces - Hollifield
5.1.5 Case 74-18 Affidavit of Compliance
Brkljacic, George P Living Trust
Brkljacic, George P Tre
212 N. Saturn Ave.
Parking Lot Surfaces - Phillips
5.1.6 Case 75-18 Affidavit of Compliance
Brkljacic, George P Living Trust
Brkljacic, George P Tre
216 N. Saturn Ave.
Parking Lot Surfaces - Phillips
5.1.7 Case 180-18 Affidavit of Compliance
Zahid Roy
1412 N Ft Harrison Ave.
Exterior Surfaces - Phillips
5.1.8 Case 17-19 Affidavit of Compliance
R E Metz Properties
1616 Gulf -to -Bay Boulevard
Temporary Signs - Knight
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Municipal Code Enforcement Board
Meeting Minutes August 28, 2019
5.1.9 Case 33-19 Affidavit of Compliance
Bank of New York Mellon Tre
2355 Nursery Rd.
Roof Maintenance/Exterior Surfaces - Knight
5.1.10 Case 92-19 Affidavit of Compliance
Coastal Acquisitions Inc
1285 S Highland
Temporary Signs - Knight
5.1.11 Case 113-19 Affidavit of Compliance
Precision Hotel Mgmt. Co
1816 N Ft. Harrison Ave.
Delinquent BTR - Dixon
Member Prast moved to accept the Affidavits of Compliance for
Cases 65-17, 120-17, 166-17, 09-18, 74-18, 75-18, 180-18, 17-19, 33-
19, 92-19, and 113-19. The motion was duly seconded and carried
unanimously.
5.2 Continued from July 24, 2019 - 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)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
5.3 Case 47-19 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Burton,
Ruthann J Tre at 1830 Murray Ave. for Roof Maintenance. (Della Volpe)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
5.4 Case 53-19 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Dicks, Linda E
Trust at 1878 Drew St. for Unsafe Building. (Cantrell)
Jill Strumpf, of Bruce Strumpf, Inc. said she was the property manager.
Inspector Jason Cantrell provided a PowerPoint presentation and showed
photographs of the unsafe building violation at 1878 Drew Street for
deteriorated roof decking and a large hole in the ceiling above the pedestrian
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
walkway. The MCEB's March 27, 2019 order required compliance by April
27, 2019. After speaking with Ms. Strumpf, he extended the compliance
date by 1 month. Today, a large hole remains above the pedestrian walkway.
Ms. Strumpf said the ceiling was cut out to prevent anything falling on
pedestrians, the ceiling could not be closed until the roof was repaired. She
said after trying to repair multiple leaks, the property owners determined the
best solution was to replace the roof. She said she was obtaining bids but
roof contractors would not tear off the old roof during rainy weather. She
requested additional time to comply.
Concern was expressed the violation had not been repaired in 5 months, it
was not that rainy last April. Attorney for the Board Andy Salzman said the
City received the signed return receipt for the Notice of Violation in February.
Ms. Strumpf said the notice had been misplaced and she did not see it until
April 30, 2019.
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavit of Non-Compliance
for Case 53-19 and issue an order that 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.
5.5 Case 75-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Anthony
Dorner at 511 Orangeview Ave. for Exterior Surfaces and Fences. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
5.6 Case 88-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Precision
Hotel Mgmt. Co. at 1806 N Ft. Harrison Ave. for Unsafe Building. (Cantrell)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
5.7 Case 104-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Pretium S F
R Holding LLC at 204 Elizabeth Ave. for Exterior Storage. (Kasman)
No one was present to represent the Respondent.
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Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavits of Non-Compliance
for Cases 16-19, 47-19, 75-19, 88-19, and 104-19 and issue orders
that state If fines and fees remain unpaid 3 months after such liens are
filed, the City is authorized to foreclose, collect or settle such liens.
The motion was duly seconded and carried unanimously.
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings
7.1 Case 149-19 (PNU2019-00804) - Accept the Nuisance Abatement Lien for
respondent(s) HUPP Retail G T B LLC at 2347 Gulf to Bay Blvd. for Lot Clearing; and
issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Kasman)
Property owner Andrew Hupp questioned the case.
Inspector Dan Kasman provided a PowerPoint presentation for the
violation re accumulation and placement of nuisances and lot clearing at
2347 Gulf-to-Bay Boulevard, a large vacant lot next to O'Reilly Auto Parts.
The City received a complaint re transient activity in early June. A pathway
through the lot to the mobile home park in the rear had high transient
activity. June 5, 2019 photos showed trash, garbage and a tire scattered
across the property, mostly in the drainage swale. When contacted, Epic
Development said they would take care of the problems. The Police
Department also was contacted.
June 26, 2019 photos showed additional garbage and trash, evidence of a
transient camp concealed by low, untrimmed palm fronds, overgrowth, and
tall grass on the lot and right-of-way. July 11, 18, and 25 and August 19, 23,
and 28, 2019 photos showed scattered trash, garbage, a tire, shopping cart,
PVC pipes, cardboard, evidence of transient use, overgrowth, tall grass,
palm tree fronds reaching the ground, and piles of cut vegetation on the lot
and pavement. An August 23, 2019 photo of the O'Reilly Auto Parts property
and swale showed it was landscaped and well maintained.
Mr. Hupp said he recently purchased the former Saturn dealership and
developed the O'Reilly Auto Parts store on a portion of the property. He
said he had been in permitting for 2 %years to construct an AAA facility. He
said he needed special approval for a water easement/stormwater issue that
had not been renewed and that FDOT(Florida Department of
Transportation) would not accept. He said he has posted the property for the
Police Department to monitor and called the Police Department 20 times re
transients. He said residents evicted from nearby mobile home parks moved
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
onto his property. He said he had given his phone number to the mobile
home park managers and requested they call him re transient activity. He
said he had rectified graffiti and cleaned his property 3 to 4 times a week. He
said people took trash out of the O'Reilly dumpster and scattered it on his
property. He said the Police had called him re transients instead of just
removing them. He said he could not be onsite every hour of every day. He
said he had requested that this item be pulled from the agenda as he worked
hard to maintain his property and felt the City was picking on him.
Mr. Hupp expressed concerns he was being forced to follow Code when the
City did not do anything about 15 transients outside the library, transient
encampments and overgrowth on the Memorial Causeway, graffiti on the
causeway bridge, dumping on City property, etc.
Inspector Kasman said the grass had been cut but overgrowth was not
trimmed.
Discussion ensued with comments that property owners were responsible
for maintaining their properties and complying with Code, that Mr. Hupp
should trim foliage that provided shelter for transients, that fencing would
curtail transient activity, and that photos showed the property was a
nuisance and out of compliance.
Mr. Hupp said he could not fence the water easement or cross access
between O'Reilly and the emergency care facility. He said he was doing
his best and was there nearly every day. He said the City should work with
him; similar problems existed Citywide. He suggested he should be able to
cut overgrown grass on City property and charge the City for his efforts.
Inspector Kasman recommended compliance in 5 days or the City may
take all reasonable actions to cure the violations.
In response to a discussion re a reasonable compliance deadline,
Attorney Salzman said the compliance date would be enforced 5 days
after the order is mailed.
Attorney Fuino submitted composite exhibits. He said the City would not
pay citizens for cutting grass on City property.
Member Carothers moved to enter an order finding the
Respondent for Case 149-19 (PNU2019 00804) 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.
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Municipal Code Enforcement Board Meeting Minutes August 28, 2019
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 WITHDRAWN - Case 150-19 (PNU2019-01100) - Accept the Nuisance Abatement Lien
for respondent(s) Forrest B Malmin at 11 S Highland Ave. for Lot Clearing; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Fletcher)
Case 150-19 was withdrawn.
7.3 Case 151-19 (PNU2019-00758) - Accept the Nuisance Abatement Lien for
respondent(s) Bruno One Inc at 2083 Envoy Ct. for Lot Clearing; and issue an order with
the compliance deadline and authorize the City to mitigate the violation if compliance is
not met. (Touray)
No one was present to represent the Respondent.
Inspector Yusef Touray presented photos of the lot clearing violation at
2083 Envoy Ct. The lawn was not edged and grass grew into the street. The
pool was drained but not secured. Fence panels leaned against a chain link
fence. The neighborhood was well manicured. The house was not occupied.
Three neighbors spoke, stating the property, an ongoing nuisance for the
last 15 years, had rats and snakes, half of the house had settled about a foot
causing it to lean, people could see into the house above the door frame, the
sewage pipe under the house broke, an engineer had certified that the
house was not stable or habitable, the house was used as a flop house with
drug dealing and people and workers coming and going, the house
sometimes was rented for short periods of time, the recycle bin was filled
with mullet and smelled awful, water utilities were constantly turned on and
off, the Homeowners Association had hired an attorney but needed the
City's help, the property owner's attorney sent official letters to residents
prohibiting trespassing after residents cut the grass, the gate to the pool was
occasionally open, the property's poor condition negatively affected property
values, the owner always gamed the system by complying with lot clearing
violations at the last minute, Duke Energy finally cut wires on the roof after
workers installed jumpers several times to steal power, and residents have
complained to the City at least 100 times about the property.
Inspector Jason Cantrell said on June 26, 2019, the MCEB issued an
order finding this property in violation for an unsafe structure. The
Affidavit of Non Compliance with a $150 daily fine will be submitted for
MCEB approval in September.
With raw sewage in the house, it was recommended that the Health
Department be involved.
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Attorney Fuino submitted composite exhibits.
See below for motion to accept.
7.4 Case 152-19 (PNU2019-00687) - Accept the Nuisance Abatement Lien for
respondent(s) Lanter, Gail M Trust and Richard Peel and David Peel at 2750 Edenwood
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)
Case 152-19 was continued to September 25, 2019.
7.5 Case 153-19 (PNU2019-01078) - Accept the Nuisance Abatement Lien for respondent(s)
Bruno One, Inc. at 2171 Beecher Rd. for Lot Clearing; and issue an order with the compliance
deadline and authorize the City to mitigate the violation if compliance is not met. (Della Volpe)
No one was present to represent the Respondent.
Inspector Stephen Della Volpe said compliance had been met and
requested a declaration of violation.
Attorney Fuino submitted composite exhibits.
See below for motion to approve.
7.6 Case 171-19 (PNU2019-01133) - Accept the Nuisance Abatement Lien for
respondent(s) Lucky Construction at 804 N Myrtle Ave. for Lot Clearing; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Dixon)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
7.7 Case 172-19 (PNU2019-01152) - Accept the Nuisance Abatement Lien for
respondent(s) R N S S Investments LLC at 862 Bayway Blvd. for Lot Clearing; and issue
an order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Dixon)
Attorney Brian Aungst, representing the Respondent, said the grass on
the lot would be cut today and the Respondent consented to the Nuisance
Abatement Lien.
Attorney Fuino submitted composite exhibits.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 28, 2019
See below for motion to accept.
7.8 Case 173-19 (PNU2019-00858) - Accept the Nuisance Abatement Lien for
respondent(s) Peter Longman at 956 Bay Esplanade for Lot Clearing; and issue an order
with the compliance deadline and authorize the City to mitigate the violation if compliance
is not met. (Dixon)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order finding the
Respondents for Cases 151-19 (PNU2019 00758), 171-19
(PNU2019 01133), 172-19 (PNU2019 01152), and 173-19 (PNU2019
00858) in violation of the City of Clearwater Code and requiring
the Respondents to correct the violations within five days of the
Board's written order. If the Respondents do not comply within
the time specified, the City may take all reasonable actions,
including entry onto the properties, to abate and maintain the
nuisances, and charge the Respondents with the reasonable
costs which will become a lien on the properties AND moved to
enter an order finding the Respondent for Case 153-19 (PNU2019
01078) 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 the City to 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. For all of the cases, if
costs, fines and fees remain unpaid 3 months after such liens are
filed, the City is authorized to foreclose, collect or settle such
liens. The motion was duly seconded and carried unanimously.
7.9 Case 174-19 (PNU2019-01137) - Accept the Nuisance Abatement Lien for
respondent(s) Bayway Florida Hotel LLC at 619 Mandalay Ave. for Lot Clearing; and
issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Dixon)
Case 174-19 was withdrawn.
7.10Case 175-19 (PNU2019-01138) - Accept the Nuisance Abatement Lien for
respondent(s) Bayway Florida Hotel LLC at 629 Mandalay Ave. for Lot Clearing; and
issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Dixon)
Case 175-19 was withdrawn.
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7.11 Case 176-19 (PNU2019-01139) - Accept the Nuisance Abatement Lien for
respondent(s) Bayway Florida Hotel LLC at 631 Mandalay Ave for Lot Clearing; and
issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Dixon)
Case 176-19 was withdrawn.
8. Adjourn
The meeting adjourned at 3:40 p.m.
Chair, Munici Code Enforcement Board
Attest:
Secretary to the Board
City of Clearwater
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