09/25/2019 Municipal Code Enforcement Board Meeting Minutes September 25, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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e
Meeting Minutes
Wednesday, September 25, 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 September 25, 2019
Roll Call
Present 7 - Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member
Robert Prast, Board Member C. Daniel Engel, Board Member Michael
Mannino, Board Member Sheila Cole, and Board Member Jonathan Barnes
Also Present - Andy Salzman —Attorney for the Board, Michael Fuino —Assistant City
Attorney, Nicole Sprague — Secretary to the Board, Patricia O. Sullivan
— Board Reporter
1. Call To Order
The Chair called the meeting to order at 1:30 p.m. at the Main Library,
followed by the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
The Chair outlined procedures and stated any aggrieved party may appeal a final administrative order
of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the
execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to
have a record of the proceedings.
2. Approval of Minutes
2.1 Approve the minutes of the August 28, 2019 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Barnes moved to approve minutes of the August 28,
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 June 26, 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)
Inspector Daniel Knight said Case 94-19 was withdrawn.
4.2 Case 154-19 - Find respondent(s) Peter G Nichols at 614 S Missouri Ave. in violation of
Code for Sign Maintenance and Business Tax Receipt; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Inspector Daniel Knight said compliance had been met for the sign
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maintenance violation and requested a declaration of violation.
Member Carothers moved to find the Respondent was in violation of
the City of Clearwater Code for the sign maintenance violation 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.
Property owner Peter Nichols admitted to the Business Tax Receipt 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. The
motion was duly seconded and carried unanimously.
Inspector Daniel Knight recommended compliance by October 25, 2019
or a fine of$150 per day be imposed for the Business Tax Receipt
violation for the Vespa business. He presented photographs of the Vespa
Clearwater sign on the property.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation for the Business Tax Receipt on or before
October 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.
4.3 Case 155-19 - Find respondent(s) Waffle House, Inc. at 2510 Sunset Point Rd. 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, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
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of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.4 Case 156-19 - Find respondent(s) RL Wexford I Limited Partnership, R L Countryside
LLC, G L Countryside LLC, & R B Countryside LLC at 2524 Alexander PI in violation of
Code for Temporary Signs; and issue an order with the compliance deadline and fine if
compliance is not met. (Knight)
Property manager Jan Rzesutao said she did not know the property was
in 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 Daniel Knight presented May 2 and July 15, 2019 photographs
of the temporary leasing sign and a September 19, 2019 photograph of
the sign structure. He recommended compliance by October 9, 2019 or a
fine of$150 per day be imposed for the temporary signs violation.
Attorney Fuino submitted composite exhibits.
Member Carothers. moved to enter an order requiring the Respondent
to correct the violation on or before October 9, 2019. If the Board
Respondent does not comply within the time specified, the 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.
4.5 Case 157-19 - Find respondent(s) EI Emir Land Trust, Ding, Tarek Zein E Tre at 2099 N
Highland Ave. in violation of Code for Prohibited Signage; 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
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motion was duly seconded and carried unanimously.
4.6 Case 158-19 - Find respondent(s) D M L Realty at 2030 Drew St. in violation of Code for
Sign Maintenance; and issue an order with the compliance deadline and fine if
compliance is not met. (Knight)
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.7 Case 159-19 - Find respondent(s) Stars Cleaners of Tampa Bay, Inc. at 19080 US
Highway 19 N in violation of Code for Business Tax Receipt; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Property owner Leo Reina denied the violation. He said he previously
rented U-Hauls prior to learning the business was not permitted on his
property. He said he should not be required to have a BTR (Business
Tax Receipt) for an online business booking U-Haul rentals. He said he
had a BTR for his cleaners business.
Inspector Daniel Knight provided a PowerPoint presentation for 19080
US Highway 19 N. The sign advertising U-Haul truck and trailer rentals in
the January 29, 2019 photo was since removed. U-Haul trucks and trailers
on the property in the July 11, 2019 photo were since removed. The U-Haul
key drop box by the cleaner's front door in the July 11 and August 15, 2019
photos was since removed. A September 23, 2019 Google screenshot
advertised a U-Haul Neighborhood Dealer providing trailer rental service
at the subject address which was not zoned for this use. The property owner
would need to apply for and be granted a change in zoning to one that
permitted this type of business before a BTR could be issued.
Mr. Reina said he had removed the trucks from the property and could
not believe he could not conduct business via telephone and internet at
this location. He said customers picked up and dropped off vehicles at
the nearest U-Haul location, not at his property. He said he was an online
booking agent.
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Inspector Knight said online businesses needed BTRs and had to be
zoned for the type of business conducted.
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 Knight recommended compliance by October 25, 2019 or a
fine of$150 per day be imposed for the Business Tax Receipt violation.
Attorney Fuino suggested Mr. Reina meet with Planning and Development
staff for information on changing his property's use designation. He
submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before October 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.
4.8 WITHDRAWN - Case 160-19 - Find respondent(s) Kerry Henderson and Kirstin Rebecca
Roper-Caldbeck at 1925 Overbrook Ave. in violation of Code for Residential Rental
Business Tax Receipt; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
Case 160-19 was withdrawn.
4.9 Case 161-19 - Find respondent(s) John and Melanie Palm at 1936 Overbrook Ave. 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 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 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
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was duly seconded and carried unanimously.
4.10Case 162-19 - Find respondent(s) Allison V Thompson at 2271 Springrain Dr. 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 Mannino moved to find the Respondent was in violation of the
City of Clearwater Code as referred to in the affidavit in this case, the
violations were corrected prior to today's hearing, and to enter an
order that no fine be imposed against the Respondent. If the
Respondent repeats the violations, the Board may order a fine of up
to $500 for each day each violation continues to exist. The motion
was duly seconded and carried unanimously.
4.11 Case 163-19 - Find respondent(s) Paul Ashley Perkins and Gail Barbara Turville at 2825
Chancery Ln. 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.
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 showed photos of the 2825 Chancery Lane
property used for short-term rentals advertised for a 3-night minimum,-
she
inimum,she was able to book a 7-night stay. The property owner told her she was
unaware of the short-term rental restriction but would bring the property
into compliance. Inspector Phillips recommended compliance by
October 10, 2019 or a fine of$250 per day per violation be imposed.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the
Respondent to correct the violations on or before October 10,
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
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authorized to foreclose, collect or settle such lien. The motion
was duly seconded and carried unanimously.
4.12Case 164-19 - Find respondent(s) Rene Russell as Personal Representative of Estate
of Ruth Ceraolo at 1100 S Myrtle Ave. in violation of Code for Exterior Surfaces, Roof
Maintenance, Abandoned Building, and Lot Clearing; and issue an order with the
compliance deadline and fine if compliance is not met. (Dixon)
Rene Russell, personal representative, said property owner Ruth Ceraolo
died last year. She admitted to the violations, stating the property was for sale.
Inspector Gregory Dixon said compliance had been met for the lot clearing
violation. and requested a declaration of violation.
Member Prast moved to find the Respondent was in violation of the City
of Clearwater Code for Lot Clearing 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.
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 for Exterior
Surfaces, Roof Maintenance, and Abandoned Building. The motion was
duly seconded and carried unanimously.
Inspector Dixon said the commercially zoned property had 3 violations
for exterior surfaces, roof maintenance and abandoned building. He
recommended compliance by October 23, 2019 or a fine of$250 per day
per violation be imposed. He presented photographs of the violations, noting
the roof had caved in on one building and the small building was starting to
fall apart. The property lacked electricity and was a safety hazard.
In response to a question, Ms. Russell said Ms. Ceraolo had the property on
the market for sale when she died. She said the Realtor recently indicated
several parties were interested in the property and she hoped a purchaser
would raze the structures. She said a Mexican restaurant had operated for 17
years in the front building until last June. She said she had paid the taxes,
kept up the property as best she could, posted "No Trespassing"signs, and
borrowed money to clear the lot, she did not have funds to raze the buildings.
She said Ms. Ceraolo had significant credit card debt. She requested
additional time to comply.
Concern was expressed the property was unsafe and attractive to vagrants.
It was suggested Ms. Russell approach a bank to obtain a loan on the
property to raze the structures.
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Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the
Respondent to correct the violations on or before November 23,
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.
4.13Case 165-19 - Find respondent(s) Thomas and Kathie Parks at 1101 N Garden Ave. 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 October 23, 2019
or a fine of$150 per day be imposed for the abandoned building violation.
The property last had utilities in 2016. He presented photos of the violations.
One window was broken. The interior looked as if a remodel had been started.
He had to contact the property owners to get the grass cut. The owners
reported health issues and indicated the property would be repaired, that did
not occur.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent
to correct the violation on or before October 23, 2019. If the Respondent
does not comply within the time specified, the Board may order a fine of
$150 per day for each day the violation continues to exist. 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.
4.14WITHDRAWN - Case 166-19 - Find respondent(s) 504 Engman St LLC at 504 Engman
St. in violation of Code for Exterior Surfaces; and issue an order with the compliance
deadline and fine if compliance is not met. (Dixon)
Case 166-19 was withdrawn.
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4.15Case 167-19 - Find respondent(s) Anderson Mitchell at 1781 N Ft Harrison Ave. in
violation of Code for Residential Grass Parking and Roof Maintenance; and issue an
order with the compliance deadline and fine if compliance is not met. (Dixon)
No one was present to represent the Respondent.
Inspector Gregory Dixon said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member 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
violations were corrected prior to today's hearing, and to enter an
order that no fine be imposed against the Respondent. If the
Respondent repeats the violations, the Board may order a fine of up
to $500 for each day each violation continues to exist. The motion
was duly seconded and carried unanimously.
4.16Case 168-19 - Find respondent(s) Diana Aitken at 1510 Betty Ln. in violation of Code for
Commercial Vehicle; and issue an order with the compliance deadline and fine if
compliance is not met. (Touray)
No one was present to represent the Respondent.
Inspector Yusef Touray 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.
4.17Case 169-19 - Find respondent(s) John A Koymarianos at 2384 Chaucer St. in repeat
violation of Code for Exterior Storage; and issue an order that a daily fine be imposed for
each day the repeat violation(s) existed. (Kasman)
Property owner John Koymarianos and his wife Donna Koymarianos were
present. Ms. Koymarianos admitted to the repeat violation. She said
when letters arrived regarding violations at the income property, her
husband was making multiple visits to the emergency room. She said the
tenants were supposed to clean up the property. She said she had met
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with Inspector Daniel Kasman at the property. She said much had been
done to meet compliance. She said the violation would not occur again.
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 and
has committed a repeat violation. The motion was duly seconded and
carried unanimously.
Inspector Kasman provided a PowerPoint presentation on the repeat violation
for exterior storage. On November 28, 2018, the MCEB (Municipal Code
Enforcement Board) heard Case 171-18 and issued an order finding property
owner John Koymarianos in violation for exterior storage at the subject property
and ordered compliance by December 14, 2018, Mr. Koymarianos complied.
Inspector Kasman presented photos of the exterior storage violation at
2384 Chaucer Street taken on August 7, 15, 20, 23, 26, and 29, 2019. He
recommended a $250 fine per day be imposed for the 6 days the repeat
violation for exterior storage existed, for a total of$1,500.
Discussion ensued with comments that while it was difficult to control
tenants, property owners were responsible for tenant actions. It was stated
the property owner had cooperated and the daily fine was too high.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order that a fine of$150 per day
be imposed for the 6 days the repeat violation existed for a total
fine of $900 payable within 30 days of posting of 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.
4.18Case 170-19 - Find respondent(s) Hercules Mihaelaras at 521 Edenville Ave. in violation
of Code for Residential Grass Parking and 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 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 Kasman recommended compliance by October 10, 2019 or
a fine of$150 per day per violation be imposed for the residential grass parking
and exterior storage violations. Exterior surfaces now met compliance. He
presented photos of the violations. He had given the property owner time to
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remove the large stack of concrete cinder blocks. Tenants parked all
over the grass. Exterior storage in the carport needed to be removed.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the
Respondent to correct the violations on or before October 10,
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.
4.19 - Case 142-19 - See Item 7.26
4.20Continued from July 24, 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)
Attorney Fuino said Case 132-19 was continued to October 23, 2019.
4.21 Case 194-19 - Find respondent(s) Paul A Gelep at 442 Mandalay Ave. in violation of
Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Inspector Jason Cantrell said Case 194-19 was continued to October 23, 2019.
4.22Case 195-19 - Find respondent(s) Michael Plunkett at 205 S San Remo Ave. in violation
of Code for Unsafe Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Property owner Michael Plunkett said he wanted to cooperate but was
confused by the City's paperwork.
Inspector Jason Cantrell provided a PowerPoint presentation of the unsafe
building violation at 205 S. San Remo Ave. The City issued 6 notices of
violation since November 19, 2015. The property owner was given the
choice of appealing the Building Official's decision that the house was
unsafe to the MCEB or Building/Flood Board of Adjustment &Appeals,-
on
ppeals,on November 6, 2018, the Building/Flood Board issued an order affirming the
Building Official's decision.
Inspector Cantrell presented photographs of the property. Termite damage to
the wood frame and front steps was evident. Deteriorated siding had been
replaced with plywood. The rear of the house was detached from the structure
and sat on the ground, open to the elements. The house had no power.
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Mr. Plunkett said he lived in the house without water or power, he showered
at the YMCA.
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.
Attorney Fuino said the Building/Flood Board had not ordered a fine. The
City requested MCEB approval to take all reasonable actions, including
entering the property to bring the property into compliance.
Inspector Cantrell recommended compliance by October 25, 2019 or a
fine of$150 per day and authorization for the City to take corrective action.
In response to questions, Mr. Plunkett said he had no family or friends
except in Rhode Island. He said living in the house was not difficult for
him as he had taken outdoor survival classes.
Discussion ensued with concerns expressed re Mr. Plunkett's living
Conditions and his lack of electricity, water, and sewer. It was recommended
he speak with the inspectors for guidance to agencies willing to help him.
It was stated the Board was not acting with malice but was concerned that
Mr. Plunkett lived in unsafe conditions.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violations on or before October 25, 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
4.23Case 215-19 - Find respondent(s) Ayad Elayyan at 1391 Gulf-to-Bay Boulevard in violation
of Code for Unsafe Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
No one was present to represent the Respondent.
Member Carothers moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
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Inspector Jason Cantrell said he had responded to a complaint. He
provided a PowerPoint presentation on the public nuisance and unsafe
structure at 1391 Gulf-to-Bay Boulevard, this address listed on the front door
was in a larger building. Photos showed deterioration of the rafters and bowed
support beams. He recommended compliance by October 25, 2019 or a fine
of$150 per day and authorization for the City to take corrective action.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the
Respondent to correct the violations on or before October 25,
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.
5. Unfinished Business
5.1 Continued from July 24, 2019 - 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 the buyer had pulled out of the
sale. He reviewed difficulties with bank financing and said he planned to make
the repairs himself and not use the Rebuild Florida program. He said the
permit was ready to go and requested additional time.
Assistant Building Official Dana Root requested approval of the Affidavit
of Non-Compliance which carried no fine. He said the permit was ready.
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavit of Non-Compliance
and issue an order that 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.
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5.2 Case 183-18 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Gilbert G.
Jannelli at 2634 Woodring Ave. for Unsafe Building. (Cantrell)
Property owner Gilbert Jannelli was present.
Inspector Jason Cantrell said the site had an active permit. The Affidavit
of Non-Compliance carried no fine.
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavit of Non-Compliance
and issue an order that 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.
5.3 Case 108-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Bruno One,
Inc. at 2083 Envoy Ct. for Unsafe Building. (Cantrell)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to accept the Affidavit of Non-Compliance
and issue an order that imposes the fine and 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.
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings
7.1 Continued from August 28, 2019 - 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)
Attorney Fuino said compliance had been met for Cases 181-19, 202-19,
209-19, 211-19 and 212-19 and requested declarations of violation.
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No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.2 Case 177-19 (PNU2019-00733) - Accept the Nuisance Abatement Lien for respondent(s)
Michael Munro at 2572 Deer Run 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.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.3 Case 178-19 (PNU2019-00912) - Accept the Nuisance Abatement Lien for respondent(s)
US Happy Homes, Inc. at 26489 US Highway 19 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.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.4 Case 179-19 (PNU2019-01081) - Accept the Nuisance Abatement Lien for respondent(s)
Jacqueline Helphinstine Est at 1210 Grenada 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. (Kasman)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.5 WITHDRAWN - Case 180-19 (PNU2019-01278) - Accept the Nuisance Abatement Lien
for respondent(s) Locasoft LLC at 109 S Meteor 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. (Phillips)
Case 180 19 (PNU2019-01278) was withdrawn.
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Municipal Code Enforcement Board Meeting Minutes September 25, 2019
7.6 Case 181-19 (PNU2019-01125) - Accept the Nuisance Abatement Lien for
respondent(s) Timmons, Christine E Living Trust, Christine Timmons at 860 Casler 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. (Della Volpe)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to issue a declaration of violation.
7.7 Case 196-19 (PNU2019-00985) - Accept the Nuisance Abatement Lien for respondent(s)
Ellen Fleisher at 1998 Radcliffe Dr. 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.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.8 Case 197-19 (PNU2019-01019) - Accept the Nuisance Abatement Lien for respondent(s)
Michelle L Lamontagne at 1766 Murray 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.
(Della Volpe)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.9 Case 198-19 (PNU2019-01192) - Accept the Nuisance Abatement Lien for respondent(s)
Steak N Shake Operations Inc. at 18627 US Highway 19 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)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.10Case 199-19 (PNU2019-01197) - Accept the Nuisance Abatement Lien for respondent(s)
Kyla Cooney at 809 Palm Bluff St. for Lot Clearing; and issue an order with the compliance
deadline and authorize the City to mitigate the violation if compliance is not met. (Jewett)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes September 25, 2019
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.11 Case 200-19 (PNU2019-01084) - Accept the Nuisance Abatement Lien for
respondent(s) Evers Maxie, Jr. at 1203 Blanche B Littlejohn Trl for Lot Clearing; and
issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.12Case 201-19 (PNU2019-01186) - Accept the Nuisance Abatement Lien for respondent(s)
William Hallisky at 904 Palmetto 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. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.13Case 202-19 (PNU2019-01259) - Accept the Nuisance Abatement Lien for
respondent(s) Graystone Investment Group LLC at 1042 N Missouri 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. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to issue a declaration of violation.
7.14Case 203-19 (PNU2019-01260) - Accept the Nuisance Abatement Lien for respondent(s)
Charles Maxwell at 1115 LaSalle 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. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes September 25, 2019
7.15Case 204-19 (PNU2019-01261) - Accept the Nuisance Abatement Lien for
respondent(s) James Johnson and Christina Johnson Est at 1119 LaSalle 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. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.16Case 205-19 (PNU2019-01018) - Accept the Nuisance Abatement Lien for respondent(s)
Dorothy Clark at 614 Marshall 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. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.17Case 206-19 (PNU2019-01232) - Accept the Nuisance Abatement Lien for respondent(s)
Wade Clark, at 1122 Carlton 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. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.18Case 207-19 (PNU2019-01272) - Accept the Nuisance Abatement Lien for respondent(s)
Renate M Tyroller at 1221 Jackson 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.
(Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.19Case 208-19 (PNU2019-01358) - Accept the Nuisance Abatement Lien for
respondent(s) Matthew and Ashley Epstein at 603 Palm Bluff St. for Lot Clearing; and
issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Dixon)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes September 25, 2019
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.20Case 209-19 (PNU2019-01357) - Accept the Nuisance Abatement Lien for
respondent(s) Heritage IX Holdings LLC at 602 Engman St. for Lot Clearing; and issue
an order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Dixon)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to issue a declaration of violation.
7.21 Case 210-19 (PNU2019-01082) - Accept the Nuisance Abatement Lien for respondent(s)
Billy Bonds at 1201 N Ft Harrison 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 the Nuisance Abatement Lien.
7.22Case 211-19 (PNU2019-01345) - Accept the Nuisance Abatement Lien for
respondent(s) Morton Plant Hospital Assn. at 1335 S Ft. Harrison 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 issue a declaration of violation.
7.23Case 212-19 (PNU2019-01310) - Accept the Nuisance Abatement Lien for respondent(s)
William Rutenbeck at 1477 Drew St. for Lot Clearing; and issue an order with the compliance
deadline and authorize the City to mitigate the violation if compliance is not met. (Dixon)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes September 25, 2019
Member Carothers moved to enter an order finding the Respondents
for Cases 181 19 (PNU2019 01125), 202-19 (PNU2019-01259), 209-19
(PNU2019-01357), 211-19 (PNU2019-01345, and 212-19 (PNU2019-01310)
were in violation of the City of Clearwater Code as referred to in the
affidavit in this case, the violations were corrected prior to today's hearing,
and to enter orders that no fines be imposed against the Respondents. If
Respondents repeat the violations, the Board may order the City to take
all reasonable actions, including entry onto properties with violations, to
abate and maintain the nuisance(s), and charge the Respondent(s) with the
reasonable costs which will become a lien on each property. For all of the
cases, if costs, fines and fees remain unpaid 3 months after such liens are
is filed, the City is authorized to foreclose, collect or settle such liens. The
motion was duly seconded and carried unanimously.
7.24Case 213-19 (PNU2019-01211) - Accept the Nuisance Abatement Lien for
respondent(s) Thomas and Kathie Parks at 1101 N Garden 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 the Nuisance Abatement Lien.
7.25Case 214-19 (PNU2019-01343) - Accept the Nuisance Abatement Lien for
respondent(s) Richard and Wendy Wilson at 802 Lakeview 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. (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 152-19 (PN U2019-00687), 177-19 (PN U2019-00733), 178-19
(PNU2019-00912), 179-19 (PNU2019-01081), 196-19 (PNU2019-00985),
197-19 (PNU2019-01019), 198-19 (PNU2019-01192), 199-19
(PNU2019-01197), 200-19 (PNU2019-01084), 201-19 (PNU2019-01186),
203-19 (PNU2019-01260), 204-19 (PNU2019-01261), 205-19
(PNU2019-01018), 206-19 (PNU2019-01232), 207-19 (PNU2019-01272),
208-19 (PNU2019-01358), 210-19 (PNU2019-01082), 213-19
(PNU2019-01211), and 214-19 (PNU2019-01343) 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 each property, to abate and maintain the
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City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes September 25, 2019
nuisances, and charge the Respondents with the reasonable costs which
will become a lien on each 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.
7.26Continued from August 28, 2019 - 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)
8. Adjourn
Attest:
Attorney Fuino requested that this item be heard as a nuisance
abatement case.
Property owner Beverly Sydow said she had been working to clean up the
property but needed more time.
Inspector Eric Jewett presented photographs of the accumulation of
nuisances in the front, sides, and rear of the property at 1913 Coles
Road. All items in the yard were in violation and need to be removed.
Some progress had been made but a significant number of items
remained. He recommended compliance by October 13, 2019 or the City
may take all reasonable actions to cure the violation.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the
Respondent to correct the violations by October 13, 2019. 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.
The meeting adjourned at 3:30 p.m.
CL
Secretary to the B • and
City of Clearwater
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Code Enforcement Board