11/20/2019 Municipal Code Enforcement Board Meeting Minutes November 20, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, November 20, 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 November 20, 2019
Roll Call
Present 5 - Vice Chair Wayne Carothers, Board Member Robert Prast, Board
Member Daniel Engel, Board Member Michael Mannino and Board
Member Sheila Cole
Absent 1 - Chair Sue A. Johnson
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 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 October 23, 2019 Municipal Code Enforcement Board Meeting
as submitted in written summation.
Member Cole moved to approve minutes of the October 23, 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4.1 WITHDRAWN - Case 216-19 - Find respondent(s) Gulfview Lodging LLP at 385 S.
Gulfview Blvd. in violation of Code for Sign Maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 216-19 was withdrawn
4.2 Case 217-19 - Find respondent(s) Decade Gulfcoast Hotel Ptnrs at 521 S. Gulfview Blvd.
in violation of Code for Temporary Signs; and issue an order with the compliance
deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
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 presented photos of various sidewalk signs
displayed at times in front of both hotels on the property. He reminded The
Edge that its annual sidewalk sign permit had expired. He recommended
compliance by December 20, 2019 or a fine of$150 per day be imposed
for the temporary sidewalk sign violation.
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 December 20, 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 218-19 - Find respondent(s) E & E 630 Properties LLC at 630 S. Gulfview Blvd. in
violation of Code for Temporary Signs; and issue an order with the compliance deadline
and fine if compliance is not met. (Knight)
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.
4.4 Case 219-19 - Find respondent(s) Timothy D. Hannas at 2766 Dovewood St. 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.
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
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.
4.5 Case 220-19 - Find respondent(s) Splendid Food Mart LLC at 2198 Gulf to Bay Blvd. in
violation of Code for Window 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 of up
to $500 for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
4.6 Case 221-19 - Find respondent(s) Zante of Palm Harbor LLC at 1808 Drew St. in
violation of Code for Business Tax Receipt and Outdoor Storage; 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 outdoor storage
and requested a declaration of violation.
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 for
outdoor storage, 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.
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
Inspector Knight said Tattoos by TJ and NEO Cafe had advertised the
new onsite businesses which lacked BTRs (Business Tax Receipts). The
property owner said both businesses would be in compliance by December
20, 2019.
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
the Business Tax Receipt violation. The motion was duly seconded and
carried unanimously.
Inspector Knight recommended compliance by December 20, 2019 or a
fine of$150 per day be imposed for the BTR violation.
It was noted landlords could require businesses to obtain BTRs before
occupying the space.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent to
correct the Business Tax Receipt violation on or before December
20, 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 222-19 - Find respondent(s) Kathy Collins at 1373 Campbell Ct. in violation of
Code for Exterior Surfaces and Roof Maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Touray)
Property owner Kathy Collins admitted to the violations.
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Yusef Touray provided a PowerPoint presentation with
photographs of the violations for exterior surfaces and roof maintenance. He
recommended compliance by December 20, 2019 or a fine of$150 per
day per violation be imposed.
Ms. Collins said she had had major medical problems. She said she had
purchased materials to repair the roof but the repairman did not show up.
Ms. Collins'son-in-law Tad Gage said a contractor was hired to repair the
roof, the porch ceiling could not be repaired before roof repairs. He said the
project could begin once the bank finalized the refinancing application.
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
Concern was expressed that upcoming holidays would delay the project.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violations on or before January 22, 2020. 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.
4.8 Case 223-19 - Find respondent(s) Dumitru Voinea & lonica Voinea at 1364 Friend Ave.
in violation of Code for Boat Parking and Residential Grass Parking; and issue an order
with the compliance deadline and fine if compliance is not met. (Touray)
Property owner Dumitru Voinea admitted to the violations.
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Yusef Touray provided a PowerPoint presentation with photos
of the violations, a boat/trailer in excess of 20 feet was not stored behind a
solid 6-foot fence/hedge and multiple vehicles were parked on grass in the
backyard behind a chain link fence. He recommended compliance by
December 28, 2019 or a fine of$150 per day per violation be imposed for
boat parking and residential grass parking violations. Vehicles could not be
parked in the backyard.
Mr. Voinea said he had just returned from a funeral. He said he had a
permit to move the current fence and install fencing around the backyard.
Concern was expressed that the property had been in violation since
February. It was stated the boat had to be parked on a permitted pad.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent
to correct the violations on or before January 22, 2020. 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 Meeting Minutes November 20, 2019
4.9 Case 224-19 - Find respondent(s) Olvin Sabillon at 1533 Rosewood St. 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. 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.
4.10Case 233-19 - Find respondent(s) Muhamed Faour at 763 Mandalay 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)
Attorney James Lamathakis, representing the respondent, denied the
violation.
Inspector Julie Phillips provided a PowerPoint presentation. All rental
properties were required to have Residential Rental BTRs (Business Tax
Receipts). The previous property owner obtained a Residential Rental BTR
in 2005. Muhamed Faour purchased the property in 2015 and never
obtained a Residential Rental BTR. Screenshots of the Airbnb vacation
rental website on September 26, 2019 showed the property was offered for
short-term rental, a calendar overlap showed availability for short-term
rentals, and customer reviews indicated the property was rented short-term
in August and September 2019. Ms. Phillips was able to book the property
for a 4-night stay in November 2019.
Attorney Lampathakis said Muhamed Faour had rented the property with
a 1-year lease to "Paul,"the host listed on the vacation rental website. He
said unknown to Dr. Faour, "Paul"had rented out the property short-term
and continued doing so after Dr. Faour sent "Paul"notice last July to cease
offering short-term rentals. He said when Dr. Faour received the latest City
notice, he forced "Paul"to move out in late October. He said Dr. Faour, an
emergency room physician, did not benefit from the short-term rentals,
planned to sell all of his Clearwater Beach properties, and would not rent the
property again.
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It was stated that owners were responsible for activity on their properties
and should know what their tenants did. It was noted the City had cited other
Clearwater Beach properties owned by Dr. Faour for short-term rentals.
Inspector Phillips recommended compliance by December 3, 2019 or a
fine of$250 per day be imposed for the Residential Rental BTR 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.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before December 3, 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.
4.11Case 234-19 - Find respondent(s) Muhamed Faour at 763 Mandalay Ave. in repeat
violation of Code for Short Term Rental; and issue an order that a daily fine be imposed
for each day the repeat violation(s) existed. (Phillips)
Attorney James Lamathakis, representing the respondent, denied the
repeat violation.
Inspector Julie Phillips said she had responded to an anonymous
complaint. She provided a PowerPoint presentation on the repeat
violation for illegal short-term rental. A screenshot of the Pinellas County
Property Appraiser's website indicated Muhamed Faour owned 4
Clearwater Beach properties: 1) 937 Bruce Avenue; 2) 839 Lantana
Avenue, 3) 843 Lantana Avenue, and 4) 763 Mandalay Avenue.
On September 30, 2015, the MCEB (Municipal Code Enforcement
Board) heard Case 87-15 for 937 Bruce Avenue and issued an order
finding owner Muhamed Faour in violation for an illegal short-term rental
and ordered compliance by October 9, 2015, Dr. Faour complied.
On August 24, 2016, the MCEB heard Case 68-16 for 839 Lantana
Avenue and issued an order finding owner Muhamed Faour in violation
for a repeat illegal short-term rental and fined him $500 per day for 6
days totaling $3,000. The fine was not paid.
On August 24, 2016, the MCEB heard Case 69-16 for 843 Lantana
Avenue and issued an order finding owner Muhamed Faour in violation
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
for a repeat illegal short-term rental and fined him $500 per day for 12
days totaling $6,000. The fine was not paid.
On April 24, 2019, the MCEB heard Case 59-19 for 839 Lantana Avenue
and issued an order finding owner Muhamed Faour in violation for a
repeat illegal short-term rental and fined him $500 per day for 63 days
totaling $31,500. The fine was not paid.
Screenshots of the Airbnb vacation rental website on August 2 and October
3, 9, and 18, 2019 showed the property was offered for short-term rental and
calendar overlaps showed availability for short-term rentals. On each date,
Inspector Phillips was able to book the property for short-term rentals.
Screenshots of the Airbnb vacation rental website on September 26, 2019
showed the property was offered for short-term rental, a calendar overlap
showed availability for short-term rentals, and customer reviews indicated
the property was rented short-term in August and September 2019. In
response to Inspector Phillips'communication, "Paul" responded that her
requested dates were available for a short-term rental. Inspector Phillips
was able to book the property for a short-term rental.
Screenshots of the Airbnb vacation rental website on September 27 and
October 22, 2019 showed the property was offered for short-term rental,
calendar overlaps showed availability for short-term rentals, and customer
reviews indicated the property was rented short-term in August and
September 2019. On both dates, Inspector Phillips was able to book the
property for short-term rentals.
Screenshots of the Airbnb vacation rental website on September 30,
2019 showed the property was offered for short-term rental. Inspector
Phillips was able to book the property for a short-term rental.
Inspector Phillips showed several photos of the subject house. She did not
know if the house was vacant when she posted the property.
Attorney Lampathakis said Dr. Faour was unaware of the Code when he
was cited in 2016. He said afterwards, Dr. Faour only rented his properties
with 1-year leases. He said "Paul,"on this property's lease, had sublet the
house. He said as the tenant or subtenant had thrown away every mailed or
posted violation notice from the City, Dr. Faour was unaware of the notices
of violation, had no intent to violate Code, and did not profit from the short
term rentals. He requested the Board consider these mitigating circumstances.
Attorney Lampathakis said staff had done a lot of research on Dr. Faour's
properties; it would have been easy for staff to connect the properties and
locate Dr. Faour's Tennessee address. He said had Dr. Faour received
notice earlier, he would have responded and removed the tenant
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immediately. He said Dr. Faour was never represented at hearings because
he had never received notice. He said Dr. Faour was not happy that he
owed more than $40,000 in fines. He said Dr. Faour had cured the defect,
the tenant was gone. He said Dr. Faour had rights as a property owner and
the City should have treated him with equity and fairness. He said the
property lease did not permit subleases.
In response to comments that landlords were responsible for monitoring their
properties to guard against damage and neglect, Attorney Lampathakis
said that would burden out-of-state property owners. He said the property
may not be subject to a repeat violation due to notification problems.
Inspector Phillips reviewed the Code definition for Repeat Violation and
the State requirement for the City to send notices to property owners'mailing
addresses as listed by the Tax Collector, Dr. Faour was responsible for
updating Tax Collector records. It was apparent that Dr. Faour had received
a City notice as a previous hearing was postponed at his request and his
representative "Patricia,"present at another hearing, left the meeting before
the MCEB issued its order. Code Enforcement had cited Dr. Faour's
properties for short-term rentals since 2015.
Attorney Lampathakis said the title company had pre-typed the addresses
on the Lantana property deeds but Dr. Faour was able to add his Tennessee
address to a blank space on this property's deed. He requested the board
consider that Dr. Faour was a naive doctor.
In response to questions from Attorney Fuino, Attorney Lampathakis said
the lease with "Paul," "Kenneth,"and "Patricia"for the 839 Lantana property
was from January to January. He said he was under the impression that
"Kenneth"and "Patricia" were renting the property and "Paul" had
guaranteed the lease. He said "Paul's"name was on the 1-year lease for the
Mandalay property. He said the properties had been rented short-term
without Dr. Faour's knowledge.
Concern was expressed that short-term rentals negatively affected
neighbors'quality of life.
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 and has
committed a repeat violation. The motion was duly seconded and
carried unanimously.
Inspector Phillips recommended a fine be imposed at $500 per day per
violation for August 2, 2019 plus 27 days from September 26 to October 22,
2019 when the repeat short-term rental violation existed for a total of
$14,000.
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Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order that a fine of $500 per day be
imposed for the 28 days the repeat violations existed for a total fine
of $14,000 payable within 30 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.
4.12Case 235-19 - Find respondent(s) Brian Bennett at 2117 Campus Dr. in violation of
Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Swinton)
Property owner Brian Bennett admitted to the violation.
Member Mannino moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Sam Swinton said he had responded to an anonymous
complaint. He provided a PowerPoint presentation. Google Earth images
showed a backyard shed. July 2019 photos showed a large structure under
construction in the backyard. November 12, 2019 photos showed the roof
was completed and a garage door had been installed.
Mr. Bennett said he had needed a new shed for storage and did not know he
needed a permit before he removed the old shed and built a replacement.
He said he had completed the new structure before receiving the 3rd notice
of hearing. He said he was talking to permitting staff re requirements. He
said he had turned the rafters on the new shed and moved if off the setback.
He said he was trying to get City approval of his engineering drawings so he
could pull necessary permits and meet compliance. He said the 12-foot by
14-foot shed was on a wood skid without a footer. He said he would remove
the original slab.
Inspector Swinton recommended compliance by December 20, 2019 or a
fine of$150 per day be imposed for the permit violation.
It was recommended the compliance date be extended due to upcoming
holidays.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before January 20, 2020. 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.
4.13Case 236-19 - Find respondent(s) Nicholas Bay Tenney at 1335 Milton St. in violation of
Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Swinton)
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 Sam Swinton presented photos of the violation. The property
owner was first advised the unpermitted fence violated code on February 20,
2019. The owner purchased the property in December 2018 but Tax
Collector records were not updated in a timely manner. November 12, 2019
photos showed the unpermitted fence in front of the driveway and
surrounding the property. A large RV, canopy, and boat were in the
backyard.
Inspector Swinton recommended compliance by December 20, 2019 or a
fine of$150 per day be imposed for the permit violation.
Attorney Fuino submitted composite exhibits.
Member Engel moved to enter an order requiring the Respondent to
correct the violation on or before December 20, 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 237-19 - Find respondent(s) TABDAF LLC at 706 Belleair Rd. in
violation of Code for Unsafe Building; and issue an order with the compliance deadline
and fine if compliance is not met. (Cantrell)
Case 237-19 was withdrawn.
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4.15Case 238-19 - Find respondent(s) U.S. Bank National Association, as trustee for
Greenpoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series
2006-AR8 at 904 '/2 Turner St. 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 said he had received complaints from neighbors.
He provided a PowerPoint presentation of the unsafe building violation at
904 % Turner Street. Much of the house was destroyed by fire in 2015. The
bank foreclosed on the property after the MCEB previously found the
property in violation of Code. Approximately 4 weeks ago, the property
manager assured him the property would be brought into compliance. The
unsafe house was an accessible hazard and lacked power. He
recommended compliance by December 20, 2019 or a fine of$150 per day
be imposed and authorization for the City to take corrective action.
Inspector Cantrell said if the property owner takes no action by the
compliance date, the City would begin corrective actions soon afterwards.
Residents of the multi-family building on the property were living by this
hazard.
Attorney Fuino submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent to
correct the violation on or before December 20, 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.
4.16Case 254-19 - Find respondent(s) Ruth M. Ceraolo at 1100 S Myrtle Ave. in violation of
Code for Unsafe Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Personal representative Rene Russell said her friend, property owner Ruth
Ceraolo, died last year. She said on September 25, 2019, the board had
given her until November 23, 2019 to comply with the abandoned building,
roof maintenance, and exterior surfaces violations. She said she needed
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more time, she had a new Realtor to sell the property. She said she did not
have money for demolition. Ms. Russell's son Ryan Stanley was present.
It was noted the board had encouraged Ms. Russell to obtain an equity
loan on the property and raze the structures. It was stated the board knew
that Ms. Russell was doing all possible,
Inspector Jason Cantrell said paperwork for the unsafe building citation
was not completed in time for the September meeting.
Attorney for the Board Andy Salzman recommended the board continue
the case to December for a status check.
Member Prast moved to continue Case 254-19 to December 18,
2019. The motion was duly seconded and carried unanimously.
4.17Continued from September 25, 2019, Continue to December 18, 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 automatically to December 18, 2019.
4.18WITHDRAWN - Continued from July 24, September 25, and October 23, 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 withdrawn.
4.19Case 256-19 - Find respondent(s) Rutledge Revocable Trust U/T/D 4/28/97 at 1115 N
Martin Luther King, Jr. Ave. 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 Mannino moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell said he had responded to a neighbor's complaint. He
provided a PowerPoint presentation on the unsafe building at 1115 N Martin
Luther King Jr. Avenue. Photos showed the roof caving in and the canopy
falling down, the canopy later was removed without permit. While a roofing
permit was issued, a permit was necessary for required structural work. He
recommended compliance by December 20, 2019 or a fine of$150 per day
be imposed and authorization for the City to take corrective action.
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Attorney Fuino submitted composite exhibits.
Member Cole moved to enter an order requiring the Respondent to
correct the violation on or before December 20, 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 Accept the Affidavits of Compliance as listed:
5.1.1 Case 09-17
Jessica & Jerome Howard
1361 Mary L Rd.
Hauling Trailer - Knight
5.1.2 Case 168-17
Quoc Bao Trading Inc
1222 Cleveland St.
Signage without Permits - Knight
5.1.3 Case 171-17
Altner, Martin L Trust
Lawrence J Finkle
210 Waverly Way
Exterior Surfaces - Brown
5.1.4 Case 53-18
Lanter, Gail M Trust
2750 Edenwood St.
Exterior Storage - Brown
5.1.5 Case 97-18
Alberta Harris
1128 Harris Ln.
Sidewalks/Residential Grass Parking/Inoperative Vehicle/Roof Maint. - Fletcher
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
5.1.6 Case 101-18
800 Court St Investments LLC
800 Court St.
Sign Maintenance - Knight
5.1.7 Case 45-19
Isabella S Tracey
207 Coronado Dr.
Exterior Surfaces/Roof Maintenance - Dixon
5.1.8 Case 71-19
Madigan, Michael J. Jr., Trust
1592 Tioga Ave.
Exterior Surfaces/Exterior Storage — Fletcher
5.1.9 Case 112-19
Eddie A Whitfield
1481 Hamlet Ave.
Standard Housing Code Violations - Espinosa
5.1.10 Case 113-19
Precision Hotel Mgmt Co
1812 & 1812 '/2 N Ft. Harrison Ave.
Residential Rental Business Tax Receipt - Dixon
5.1.11 Case 126-19
Robert A Barker
1511 S Hillcrest Ave.
Hauling Trailer/RV Parking - Touray
5.1.12 Case 128-19
Platzer, Maria T Living Trust
Platzer, Maria T Tre
620 Edenville Ave.
Inoperative Vehicle - Kasman
5.1.13 Case 129-19
PMC SFT Borrower LLC
204 Elizabeth Ave.
Inoperative Vehicle - Kasman
5.1.14 Case 137-19
Pope Shenouda Real Estate Management LLC
1602 Gulf to Bay Blvd.
Sign Maintenance — Knight
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
5.1.15 Case 138-19
Florida Convalescent Centers Inc.
3480 McMullen Booth Rd.
Prohibited Signage - Knight
5.1.16 Case 140-19
Betty Ln LLC
311 S Betty Ln.
Business Tax Receipt Required - Knight
5.1.17 Case 148-19
Platzer, Maria T Living Trust
Platzer, Maria T Tre
620 Edenville Ave.
Home Ocscupation Vehicle Parking/ Commercial Vehicle Parking - Kasman
5.1.18 Case 169-19
John A Koymarianos
2382 Chaucer St.
Exterior Storage - Kasmna
5.1.19 Case 170-19
Hercules Mihaelaras
521 Edenville Ave.
Residential Grass Parking/Exterior Storage - Kasman
Member Cole moved to accept the Affidavits of Compliance for
Cases 09-17, 168-17, 171-17, 53-18, 97-18, 101-18, 45-19, 71-19, 112-19,
113-19, 126-19, 128-19, 129-19, 137-19, 138-19, 140-19, 148-19, 169-19,
and 170-19. The motion was duly seconded and carried unanimously.
5.2 Continued from October 23, 2019 - Case 106-19 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Jonathan P Grinstead at 48 Midway Island for
Permits. (Cantrell)
Attorney Fuino said he spoke with Lance Hidalgo and his attorney, the
City agreed to continue this case to December. He said Mr. Hidalgo had
removed all of the hardscape installed without permit and replaced it with
sod. If Mr. Hidalgo applies for and obtains an after the fact demo permit
within two weeks, the City will withdraw the Affidavit of Non-Compliance and
issue an Affidavit of Compliance.
Mr. Hidalgo said in September he obtained engineering drawings and
applied for a permit for the hardscape. He said he met with Planning
Manager Ellen Crandall who reviewed the drawings and indicated no
hardship existed in the 5-foot setback. He said the yard was back to its
original 1997 design after he removed 40 tons of base and pavers. He
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Municipal Code Enforcement Board Meeting Minutes November 20, 2019
said he would apply for the demo permit tomorrow.
Concerns were expressed that Mr. Hidalgo's permit application had sat at
City offices for months without staff providing him notes and then Mr.
Hidalgo had to request to speak with a head official after receiving no
response for more than a week after he submitted engineering drawings.
Disappointment was expressed that staff had not provided Mr. Hidalgo more
guidance through this difficult process.
Mr. Hidalgo said after Ms. Crandall's response, he did not want to take a
chance at being fined and ripped out all of the hardscape. In response to a
question, he said he planned to purchase the property but now was renting.
Member Prast moved to continue Case 106-19 to December 19,
2019. The motion was duly seconded and carried unanimously.
5.3 WITHDRAWN - Case 112-19 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Eddie A. Whitfield at 1481 Hamlet Ave. for Standard Housing Code.
(Espinosa)
Case 112-19 was withdrawn.
5.4 Continued from October 23, 2019 - 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)
Property owner Anton Bociek said his family had inherited the property
from his deceased father-in-law and planned to raze the structures. He
said staff had told him a demo permit would take 4 — 5 days to obtain.
Upon his return to town, he said staff advised him a property owner had to
occupy a property to pull a demo permit. He said he then registered with
the City as a General Contractor and applied for a permit, the permit would
not be issued without a sewer cap permit. He said the sewer could not be
capped until the tenant vacated 509 Cedar Street, the tenant indicated he
would move out by end of year.
Inspector Julie Phillips said the City originally issued a Notice of Violation for
exterior surfaces and doors and windows in April 2015,Affidavits of
Compliance were not issued. On July 24, 2019, the MCEB found the
property in violation and entered an order requiring violations to be corrected
by August 31, 2019, staff issued Affidavits of Non-Compliance on September
4, 2019. When Mr. Bociek appeared before the MCEB to contest the
Affidavits of Non-Compliance, the board continued the case to today. Mr.
Bociek applied for a demo permit a week later, a permit was not issued
as a certified plumber had not capped the sewer. A tenant still lived on the
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 20, 2019
property. Staff opposed another continuance.
In response to a question, Mr. Bociek said his family had to form a LLC
for ownership of the properties following probate attorney errors.
Discussion ensued with comments that compliance was taking too long,
violations did not pose a safety hazard, approving fines made sense, and
Mr. Bociek should have corrected the violations before going on vacation.
Mr. Bociek said Duncan Plumbing would cap the sewer, demolition would
cost approximately$6,500. He said he would have to file for eviction if the
tenant did not vacate the property by end of year. He said his father-in-law
had not wanted to evict the tenant who had lived there rent free for 5 years
without a lease.
Attorney Fuino said Mr. Bociek could give the tenant 15 days'notice before
kicking him out of the property, he did not have to file for eviction.
Member Prast moved to continue Case 114-19 to February 26, 2020.
The motion was duly seconded and carried unanimously.
5.5 Case 136-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Stars
Cleaners of Tampa Bay Inc. at 19080 US Highway 19 N. for Exterior Surfaces. (Knight)
No one was present to represent the Respondent.
See below for motion to accept.
5.6 Case 144-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Vincente
Mayuri & Leovina Vargas at 1290 Edenville Ave. for Exterior Surfaces. (Dixon)
No one was present to represent the Respondent.
See below for motion to accept.
5.7 Case 145-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Padden,
Josephine Tre at 51 Verbena St. for Abandoned Building. (Dixon)
No one was present to represent the Respondent.
Member Prast moved to accept the Affidavits of Non-Compliance for
Cases 136-19, 144-19, and 145-19 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.
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Municipal Code Enforcement Board
Meeting Minutes November 20, 2019
7. Nuisance Abatement Lien Filings
7.1 Case 239-19 (PNU2019-01431) - Accept the Nuisance Abatement Lien for
respondent(s) Bank of America at 1610 S 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. (Kasman)
No one was present to represent the Respondent.
See below for motion to accept and issue order.
7.2 Case 255-19 (PNU2019-01484, 01485, 01486) - Accept the Nuisance Abatement Lien
for respondent(s) Blue Aqua LLC do Hayes, Steven at 1001, 1003, and 1005 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)
8. Adjourn
Attest:
No one was present to represent the Respondent.
Member Prast moved to enter an order finding the Respondents for
Cases 239-19 and 255-19 in violation of the City of Clearwater Code
and requiring the Respondent to correct the violations within five
days of the Board's written order. If the Respondent does not
comply within the time specified, the City may take all reasonable
actions, including entry onto the property, to abate and maintain the
nuisance, and charge the Respondent with the reasonable costs
which will become a lien on the property. If costs, fines and fees
remain unpaid 3 months after such lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion was
duly seconded and carried unanimously.
The meeting adjourned at 4:00 p.m.
Chair, Municipal ('• a Enforcement Board
Secreta to the Board
City of Clearwater