10/23/2019 Municipal Code Enforcement Board Meeting Minutes October 23, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, October 23, 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 October 23, 2019
Roll Call
Present 5 - Vice Chair Wayne Carothers, Board Member Robert Prast, Board
Member C. Daniel Engel, Board Member Sheila Cole, and Board
Member Jonathan Barnes
Absent 2 - Chair Sue A. Johnson and Board Member Michael Mannino,
Also Present — Ben Jones —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 Vice 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 September 25, 2019 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Cole moved to approve minutes of the September 25, 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 Case 182-19 - Find respondent(s) Patriot Petroleum Dist. Inc. at 1725 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.
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 November 23,
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
2019 or a fine of$150 per day be imposed for the sign maintenance
violation. He presented photos of the violation. He had no contact with
property management since they told requested additional time to repair the
sign, the sign was not repaired.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before November 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.
4.2 Case 183-19 - Find respondent(s) Gulf to Bay Developers Diversified LLC at 2094 Gulf
to Bay Blvd. 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
motion was duly seconded and carried unanimously.
4.3 Case 184-19 - Find respondent(s) Centro NP Clearwater Mall LLC at 2607 Gulf to Bay
Blvd. in violation of Code for Delinquent 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 Cole 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 November 23,
2019 or a fine of$150 per day be imposed for the delinquent BTR
(Business Tax Receipt) violation. Mall tenant Newk's manager was
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
advised its last BTR, issued for FY(Fiscal Year) 2017/18, was delinquent.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent
to correct the violation on or before November 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.
4.4 Continue to December 18, 2019 - Case 185-19 - Find respondent(s) Renate M Tyroller at
1221 Jackson Rd. in violation of Code for Exterior Surfaces, Door and Window Openings,
and Roof Maintenance; and issue an order with the compliance deadline and fine if
compliance is not met. (Jewett)
Case 185-19 was continued to December 18, 2019.
4.5 Case 186-19 - Find respondent(s) Florida Diversified Enterprises, Inc. at 1801 Rainbow
Dr. in violation of Code for Hauling Trailer; and issue an order with the compliance
deadline and fine if compliance is not met. (Fletcher)
No one was present to represent the Respondent.
Inspector Vicki Fletcher said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
4.6 Case 187-19 - Find respondent(s) Rogenia Flowers at 524 McLennan St in violation of
Code for Fences; and issue an order with the compliance deadline and fine if compliance
is not met. (Fletcher)
Property owner Rogenia Flowers admitted to the 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.
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
Inspector Vicki Fletcher recommended compliance by November 2,
2019 or a fine of$150 per day be imposed for the fence violation. She
presented photos of the violation, the gate was broken and a tarp covered
a portion of broken fence.
Ms. Flowers said she could not afford to make repairs.
Inspector Fletcher said the gate, broken fencing, and tarp could be
removed to meet compliance.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before November 2, 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 188-19 - Find respondent(s) Joseph & Eleanor Holmes at 923 Bruce Ave. in
violation of Code for Short Term Rental; and issue an order with the compliance deadline
and fine if compliance is not met. (Phillips)
Property owner Joseph Holmes was present.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.8 Case 189-19 - Find respondent(s) Christine Dorcelus at 214 S Highland 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)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Engels 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.
4.9 Case 190-19 - Find respondent(s) Carmen Silverman and Nancy Burris at 1603 N
Osceola Ave. in violation of Code for Short Term Rental; and issue an order with the
compliance deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Cole moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.10Case 191-19 - Find respondent(s) Robert and Dawn Taratuski at 692 Bayway Blvd. #301
in violation of Code for Residential Rental Business Tax Receipt and Short Term Rental;
and issue an order with the compliance deadline and fine if compliance is not met.
(Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violations were corrected prior to today's hearing, and
to enter an order that no fine be imposed against the Respondent.
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
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 192-19 - Find respondent(s) Petrucci Family Trust, Joseph and Jamie Petrucci, Tre
at 692 Bayway Blvd. #304 in violation of Code for Residential Rental Business Tax
Receipt and Short Term Rental; and issue an order with the compliance deadline and fine
if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Barnes moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the 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.
4.12Case 193-19 - Find respondent(s) Stephen and Susan Vendemia at 692 Bayway Blvd
#303 in violation of Code for Short Term Rental; and issue an order with the compliance
deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation. The complex had to be zoned "Resort Attached
Dwellings"to offer legal short-term rentals.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.13Case 225-19 - Find respondent(s) Angel Investment Group of Tampa, Inc. at 1044 N.
Madison Avenue in violation of Code for Housing Code Violations; and issue an order
with the compliance deadline and fine if compliance is not met. (Espinosa)
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No one was present to represent the Respondent.
Member Engels moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Nilda Espinosa provided a PowerPoint presentation and photos
of the Housing Code violation: 1) maintenance, 2) heat, 3) kitchen, 4)
smoke detector, 5) electrical system; 6) interior, 7) roof, 8) protective
railings, 9) windows, and 10) extermination. She had responded to a
complaint by a former tenant with 3 children, the property had a new
tenant. Inspector Espinosa recommended compliance by November 29,
2019 or a fine of$150 per day be imposed for the Housing Code violation.
Discussion ensued with comments that the large number of violations
under the Housing Code should be counted separately and the
recommended fine was insufficient due to the severe neglect of the property.
Attorney Fuino said the property owner would have to repair every
violation before meeting compliance. He submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before November 29, 2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $250 per day for each day the violation
continues to exist. If fines and fees remain unpaid 3 months after
such lien is filed, the City is authorized to foreclose, collect or
settle such lien. The motion was duly seconded. Members Prast,
Barnes and Vice Chair Carothers voted "Aye"; Members Engel and
Cole voted "Nay." Motion carried.
4.14Case 226-19 - Find respondent(s) 2017 1 IH Borrower LP at 2692 Beaumont Ct in
violation of Code for Housing Code Violations; and issue an order with the compliance
deadline and fine if compliance is not met. (Espinosa)
The Respondent was represented by property management
representatives Erin Demyan, Melinda Soares, and Eric Courtney. Ms.
Soares denied the violations, stating more than $25,000 had been spent
trying to repair the property and meet Code but the property resident would
not provide access to the property to make repairs.
Tenant William Frost was present. HOA (Homeowners Association)
president Russ Smith said the HOA had past issues with the property
owner. He said some violations were corrected but some repairs needed
to be redone.
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
Inspector Nilda Espinosa provided a PowerPoint presentation and photos
of the Housing Code Violation: 1) maintenance, 2) kitchen, 3) smoke
detector, 4) interior, and 5) structural support. Mr. Frost had called with
complaints and made an appointment for her to inspect the house and take
photos. Mr. Frost, who was cooperative, lived with his family in the
single-family residence. She recommended compliance by November 29,
2019or a fine of$150 per day be imposed for the Housing Code violation.
The Respondent's representatives said on several occasions, Mr. Frost
had threatened contractors sent to the property to make repairs. They
said a police report was filed based on documentation falsification as Mr.
Frost and his family were not on the lease, Mr. Frost's father had signed
the lease. They requested additional time as the Respondent could not
enter the house during the eviction process, which should be completed
approximately 90 days after the October 14, 2019 filing of the eviction notice.
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before January 26, 2020. If the Respondent
does not comply within the time specified, the Board may order a fine
of $250 per day for each day the violation continues to exist. If fines
and fees remain unpaid 3 months after such lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion was
duly seconded and carried unanimously.
4.15Case 227-19 - Find respondent(s) 2017 1 IH Borrower LP at 2692 Beaumont Ct. in
violation of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Espinosa)
The Respondent was represented by property management
representatives Erin Demyan, Melinda Soares, and Eric Courtney. Ms.
Soares denied the violation, stating the owners needed time to obtain
required permits based on reasons stated for Case 226-19.
Member Engel moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Nilda Espinosa provided a PowerPoint presentation on the Stop
Work Order and photos of the non-permitted work. She recommended
compliance by November 29, 2019 or a fine of$150 per day be imposed
for the permits violation.
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
Ms. Demyan said the original vendor had not obtained necessary permits,
a general contractor was hired to fix past problems. She said the general
contractor had planned to take care of all permitting issues at the same time
but efforts were put on hold by the eviction process. Mr. Courtney said he
had accompanied the general contractor to the property when Inspector
Espinosa pointed out required permits. He said he needed measurements
for the front door and other items to obtain the permits.
It was commented that obtaining required permits would not take 3 months.
Attorney Fuino said the previous vendor's invoices would list measurements
for items installed without permits. He submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent
to correct the violation on or before November 29, 2019. If the
Respondent does not comply within the time specified, the Board
may order a fine of $150 per day for each day the violation continues to
exist. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.16Continued from July 24 and September 25, 2019, Continue to November 20, 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 November 20, 2019.
4.17Case 228-19 - Find respondent(s) Koegler, Jean A. Est. at 135 Brightwater Drive #4 in
violation of Code for Unsafe Building; and issue an order with the compliance deadline
and fine if compliance is not met. (Cantrell)
No one was present to represent the Respondent.
Member Engel moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell provided photographs of the unsafe dock. Since
the estate was re-noticed, boards were installed to block access to the
dock and missing walkway. The estate requested a continuance and
indicated bids were forthcoming to make necessary repairs. He
recommended compliance by November 23, 2019 or a fine of$150 per
day be imposed plus authorization for the City to take corrective action.
Assistant City Attorney Michael Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
Member Barnes moved to enter an order requiring the Respondent
to correct the violations on or before November 23, 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.
4.18Continued from September 25, 2019, Continue to November 20, 2019 - 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)
Case 194 19 was continued to November 20, 2019
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 10 1-15 Affidavit of Compliance
Frederick S Bachmann
1425 Gulf-to-Bay Boulevard
Exterior Surfaces/Windows Maintenance - Brown
5.1.2 Case 11-16 Affidavit of Compliance
Saint John, Sue Land Trust
ECTR1 LLCTre
2948 St. John Drive
Exterior Surfaces - Brown
5.1.3 Case 116-16 Affidavit of Compliance
Saint John, Sue Land Trust
ECTR1 LLCTre
2948 St. John Drive
Roof Maintenance/Clean Roof- Brown
5.1.4 Case 23-17 Affidavit of Compliance
Angie A Chamusco
1565 Gentry Street
Exterior Storage/Nuisance - Hollifield
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
5.1.5 Case 149-17 Affidavit of Compliance
Kimberley Jones
3180 San Pedro Street
Exterior Surfaces/Roof Maintenance - Brown
5.1.6 Case 24-18 Affidavit of Compliance
George K Beardsley
Maryan Beardsley
1504 Brigadoon Drive
Exterior Surfaces - Brown
5.1.7 Case 16-19 Affidavit of Compliance
Dionne Hicks
Lawanda Griffin
1151 Woodlawn Street.
Exterior Surfaces - Fletcher
5.1.8 Case 36-19 Affidavit of Compliance
Countryside Country Club Inc.
3001 Countryside Blvd.
Temporary Signs - Knight
5.1.9 Case 78-19 Affidavit of Compliance
Rene J Neyrey
Darlene B Neyrey
504 Nicholson Street
Exterior Surfaces - Dixon
5.1.10 Case 87-19 Affidavit of Compliance
Fort Harrison Square LLC
1409 N. Ft. Harrison Ave. D
Unsafe Buildings/Nuisances - Cantrell
5.1.11 Case 102-19 Affidavit of Compliance
Joshua Lagree
Lisa D Garcia
1793 N. Ft. Harrison Ave.
Short-Term Rental — Phillips
5.1.12 Case 123-19 Affidavit of Compliance
KTE LLC
2620 SR 590
Business Tax Receipt - Brown
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
5.1.13 Case 130-19 Affidavit of Compliance
Chamusco, Anthony RA and Angie A Rev Trust
1565 Gentry Street
Lot Clearing - Della Volpe
5.1.14 Case 135-19 Affidavit of Compliance
Bruno One, Inc.
2083 Envoy Court
Outdoor Storage/Inoperable Vehicle - Kasman
5.1.15 Case 171-19 Affidavit of Compliance
Lucky Construction LLC
834 N. Myrtle Avenue
Lot Clearing - Dixon
5.1.16 Case 172-19 Affidavit of Compliance
R N S S Investments LLC
862 Bayway Blvd.
Lot Clearing - Dixon
Member Prast moved to accept the Affidavits of Compliance for
Cases 101 15, 11 16, 116 16, 23 17, 149 17, 24 18, 16 19, 36 19, 78
19, 87 19, 102 19, 123 19, 130 19, 135 19, 171 19, and 172 19. The
motion was duly seconded and carried unanimously.
5.2 Case 98-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Chaplin,
Jacqueline Est at 1000 Grantwood Ave. for Fences and Walls, Exterior Surfaces, Doors
and Windows, and Window Maintenance. (Dixon)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavit of Non-Compliance 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.
5.3 Case 106-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Jonathan P
Grinstead at 48 Midway Island for Permits. (Cantrell)
Tenant Lance Hildago said the property owner lived out of town and was
not present. He said his attorney could not attend today's meeting to request
a continuance. He anticipated an answer this week re his 2nd permit
application. He said Gibson Marine would provide him a bid today for a new
seawall. He said pavers had been removed to meet ISR (Impervious
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
Surface Ratio) requirements and engineering calculations related to a
modified site plan were submitted to the City on October 21, 2019. In
response to a question, he said he was the project contractor, the City
disagreed with his interpretation of Code that he was performing repairs.
Attorney Fuino said if the case was continued, the September 1, 2019
compliance date and commencement of the $150/day fine would not
change. Today's hearing provided the Respondent an opportunity to
prove the property was in compliance on or before September 1, 2019.
Member Prast moved to continue Case 106-19 to November 20,
2019. The motion was duly seconded and carried unanimously.
5.4 Case 113-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Precision
Hotel Mgmt. Co. at 1812 & 1812 '/2 N Ft. Harrison Ave. for Residential Rental Business
Tax Receipt. (Dixon)
Case 113-19 was withdrawn.
5.5 Case 114-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) James
Huelster, Lynne Heaphy, Linda Crotty, Breanna Crotty, Anton Bociek, & Laurie Bociek at
509 Cedar St. & 912 N Garden Ave for Exterior Surfaces, Door and Window Openings,
Abandoned Building, and Windows Maintenance (Dixon])
Respondent Anton Bociek said his family members had inherited 6
properties when his father-in-law died in July 2018. He thought they had
done all work needed to comply. He said they would make necessary repairs.
Inspector Gregory Dixon provided a PowerPoint presentation and October
22, 2019 photos of violations at the 2 houses on one parcel. Doors and
windows were boarded. Transients had access to the garage. The Garden
Avenue house had no utilities since January 2015 and was considered
abandoned. The Cedar Street tenant had painted over the windows. Exterior
surfaces needed repairs/paint.
Mr. Bociek said the front door and windows had been boarded since 2000.
He said his family had maintained the landscaping. He said he would have
bids to raze the Garden Avenue house in the next 2 weeks and have it
demolished as soon as possible. He said the Cedar Street tenant would not
leave.
Attorney Fuino said the City was willing to continue this case to
November to give the family time to bring the property into compliance.
Member Prast moved to continue Case 114-19 to November 20,
2019. The motion was duly seconded and carried unanimously.
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Municipal Code Enforcement Board Meeting Minutes October 23, 2019
5.6 Case 124-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) James A.
Mack at 1743 Harbor Dr. for Clean Roof, Lot Clearing, Inoperative Vehicle, Exterior
Storage, and Boat Trailer. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Affidavit of Non-Compliance
5.7 Case 134-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Silas Keiper
at 1316 Young Ave. for Housing Code Violations. (Cantrell)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavits of Non-Compliance
for Cases 124-19 and 134-19 and issue orders that state If fines
and fees remain unpaid 3 months after such lien is filed, the City
is authorized to foreclose, collect or settle such lien. The motion
was duly seconded and carried unanimously.
6. Other Board Action
7. Nuisance Abatement Lien Filings
7.1 Case 229-19 (PNU2019-01427) - Accept the Nuisance Abatement Lien for respondent(s)
Odin Enterprises, Inc. at 1615 S. Martin Luther King Jr. Avenue 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.
7.2 Case 230-19 (PNU2019-01436) - Accept the Nuisance Abatement Lien for respondent(s)
Tony Alchin at 1536 Scranton Avenue 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 October 23, 2019
See below for motion to accept the Nuisance Abatement Lien.
7.3 Case 231-19 (PNU2019-01407) - Accept the Nuisance Abatement Lien for respondent(s)
Fareic F. LLC at 1377 Pierce Street 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.
Inspector Gregory Dixon said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent for Case 231-19 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 declare that the city
has the right to take such remedial action as is necessary to abate and
maintain the nuisance including but not limited to the right to enter the
property and have such work done on behalf of the Respondent
at the Respondent's cost, including administrative costs, which
shall become a lien against the land on which the violation exists
and upon any other real or personal property owned by the
Respondent even if the violation has been corrected. The motion
was duly seconded and carried unanimously.
7.4 Case 232-19 (PNU2019-01453) - Accept the Nuisance Abatement Lien for respondent(s)
Court Asset Mgmt LLC at 915 Court Street 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 Prast moved to enter orders finding the Respondents for
Cases 229-19, 230-19, and 232-19 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
nuisance, and charge the Respondent(s) with the reasonable costs
which will become lien(s) on the property(ies). If costs, fines and fees
remain unpaid 3 months after such lien(s) is/are filed, the City is
authorized to foreclose, collect or settle such lien(s). The motion
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes
was duly seconded and carried unanimously.
It was reported that today was Member Engel's last meeting unless
he is reappointed. Code Inspectors were thanked for their efforts.
8. Adjourn
Attest:
October 23, 2019
The meeting adjourned at 3:10 p.m.
11-6c Chai icipal Code Enforcement Board
Secretary to the Board
City of Clearwater
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