Loading...
12/18/2019 Municipal Code Enforcement Board Meeting Minutes December 18, 2019 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e r Meeting Minutes Wednesday, December 18, 2019 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 Roll Call Present 6 - Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member Robert Prast, Board Member Sheila Cole, Board Member C. Daniel Engel, and Board Member Michael Mannino Absent 1 - Board Member Kerry Fuller 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 meeting minutes of the November 20, 2019 Municipal Code Enforcement Board meeting as submitted in written summation. Member Mannino moved to approve minutes of the November 20, 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 October 23, 2019, Continue to January 22, 2020 - 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 automatically to January 22, 2020. 4.2 Continue to February 26, 2020 - Case 240-19 - Find respondent(s) Gladys J McLaughlin at 210 S Meteor Ave. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) Case 240-19 was continued automatically to February 26, 2020. Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 4.3 Case 241-19 - Find respondent(s) Etche Baro Investments LLC at 1307 Pierce St. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) 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. Inspector Vicki Fletcher recommended compliance by January 18, 2020 or a fine of$150 per day be imposed for the Exterior Surfaces violation. Assistant City Attorney Michael Fuino submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before January 18, 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. 4.4 WITHDRAWN - Case 242-19 - Find respondent(s) Marier, Mary Ellen Rev Living Trust at 600 McLennan St. in violation of Code for Hauling Trailer/Residential Grass Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) Case 242-19 was withdrawn. 4.5 Continue to January 22, 2020 - Case 243-19 - Find respondent(s) C & K of Safety Harbor LLC at 2862 Gulf to Bay Blvd. in violation of Code for Development Code Violation; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Case 243-19 was continued automatically to January 22, 2020. 4.6 Continue to January 22, 2020 - Case 244-19 - Find respondent(s) Tagaras, G V Trust at 2380 NE Coachman Rd. in violation of Code for Temporary Signs/Signs without permits; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Case 244-19 was continued automatically to January 22, 2020. 4.7 Case 245-19 - Find respondent(s) Steak N Shake Operations Inc at 18627 US Highway 19 N in violation of Code for Temporary Sign; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 Tom Kniebbe, representing the Respondent, admitted to the violation. Inspector Daniel Knight 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 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 246-19 - Find respondent(s) Barakat Properties Inc. at 1280 S Highland Avenue in violation of Code for Sign Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Samir Keshwani, representing his uncle the Respondent, admitted to the violation. He said the signs were being fixed. 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 January 18, 2020 or a fine of$150 per day be imposed for the Sign Maintenance violation. He presented photos of the violation, the sign was cracking, fading, and peeling. The sign contractor said he would have more than enough time to correct the violation before the recommended compliance deadline. Attorney Fuino submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before January 18, 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. 4.9 Continue to January 22, 2020 - Case 247-19 - Find respondent(s) Daniello Chiavatti and Michael Chiavatti at 604 Mandalay Avenue in violation of Code for Sign Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 Case 247-19 was continued automatically to January 22, 2020. 4.10Case 248-19 - Find respondent(s) PV - Drew LLC at 1993 Drew St. in violation of Code for Business Tax Receipt Required/Sign Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Attorney Nicholas Ekonomides, representing the Respondent, said the property was in compliance/in process of meeting compliance. He said when the restaurant paid for the BTR (Business Tax Receipt), the City said it would not be issued until the grease trap was inspected. He said an email from the sign company indicated it had a backlog of work. He said he did not think anything was wrong with the signs; there was some fading but passing drivers could not see the peeling. He admitted the inspector had found violations. He said he had an interest in the entity that owned the property. Inspector Daniel Knight provided a PowerPoint presentation on the required BTR (Business Tax Receipt) and sign maintenance violations. An August 12, 2019 property photo showed the restaurant's falling attached sign. August 12 and September 26, 2019 property photos showed the faded and cracked Freeway Insurance freestanding sign. October 29, 2019 property photos showed the restaurant sign was reattached and the insurance company's faded and cracked freestanding sign and faded attached sign facing Hercules Avenue. An Accela screenshot showed the previous restaurant owner had not renewed the BTR, leaving a back balance that the new owner paid, a grease trap inspection by the City was required before the BTR could be issued. December 13, 2019 property photographs showed the faded and cracked insurance company's freestanding sign. In response to a question, Inspector Knight said when the restaurant first requested information, staff provided all BTR information, including the grease trap inspection requirement. Attorney Ekonomides said he had not known about the inspection requirement, he had a letter indicating the restaurant owner was required to report that the grease trap was pumped out every 60 days. He said he needed 60 days to correct the sign 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 agreed that compliance could be met by February 18, 2020 or a fine of$150 per day per violation be imposed for the required Business Tax Receipt and Sign Maintenance violations. Attorney Fuino submitted composite exhibits. Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before February 18, 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. 4.11WITHDRAWN - Case 249-19 - Find respondent(s) Totten, Marilyn Trust at 1279 Druid Road E. in violation of Code for Boat Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Touray) Case 249-19 was withdrawn. 4.12Case 250-19 - Find respondent(s) Cynthia R. Mansfield at 107 Evelyn Avenue in violation of Code for Roof/Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Property owner Cynthia Mansfield said she had been staying with her ill mother and had not lived in her house for a year and a half. She said after a friend advised her a red sign was in her front yard, she hired someone to trim the limbs and clean the gutters. She admitted to the exterior surfaces violation. Inspector Daniel Kasman presented photos of the violations. He said compliance had been met re clean roof 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 re clean roof, 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 re exterior surfaces. The motion was duly seconded and carried unanimously. Inspector Kasman recommended compliance by January 18, 2020 or a fine of$150 per day be imposed for the Exterior Surfaces violation. He presented photos of the violations. In response to questions, Ms. Mansfield said she intended to move back into her house but her mother's poor health prevented her from doing so at this time. She said her house had operating utilities. Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 Attorney Fuino submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation re exterior surfaces on or before January 18, 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 251-19 - Find respondent(s) Western Auto Supply Co at 2436 Gulf to Bay Blvd. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) No one was present to represent the Respondent. Inspector Daniel Kasman 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 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. 4.14Case 252-19 - Find respondent(s) Monica Tabor at 1255 Caracas Avenue in violation of Code for Business Tax Receipt Required/Commercial Vehicle Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Odegaard) No one was present to represent the Respondent. Inspector Ryan Odegaard 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 Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 seconded and carried unanimously. 4.15WITHDRAWN - Case 253-19 - Find respondent(s) Michael Munro at 2572 Deer Run E. in violation of Code for Inoperative Vehicle; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) Case 253-19 was withdrawn. 4.16Continued from November 20, 2019 - Case 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) Estate Personal Representative Rene Russell 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 Jason Cantrell provided photographs of the unsafe building violation. Ms. Russell said her son could not be present today. She said he received a $20,000 estimate to raze the building, which she could not afford. She said since then, the Realtor emailed her son a pending contract to purchase the property "As Is" with a February 7, 2020 closing date. She said she checked the property for vagrants several nights a week. Discussion ensued with concerns expressed that the property had been unsafe for a long time, it was a safety hazard, and the unsafe building would remain standing after the property was purchased. It was noted Ms. Russell had done everything the board had requested. It was felt the compliance date should not be rushed after the board had shown Ms. Russell compassion up to this point. Attorney Fuino said the City would support a compliance date of April 7, 2020 to raze the building. If compliance is not met by that date, the City would have the right to take corrective actions. He submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation by demolishing the unsafe structure on or before April 7, 2020. 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. Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 4.17Continued from September 25 and December 18, 2019, Continue to January 22, 2020- 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 January 22, 2020. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 51-19 Gulfview Lodging LLP 355 S Gulfview Blvd. Unsafe Building - Cantrell 5.1.2 Case 104-19 Pretium S F R Holding LLC 204 Elizabeth Ave. Exterior Storage - Kasman 5.1.3 Case 113-19 Precision Hotel Mgmt. Co. 1800, 1806, 1812, 1812 '/2, 18167 1818 N. Ft. Harrison Ave., & 417 & 419 Venetian Dr. Exterior Surfaces - Dixon 5.1.4 Case 139-19 St Lucie Enterprises LLC 1201 Oakfield Dr. Ste 109 Business Tax Receipt - Knight 5.1.5 Case 156-19 RL Wexford I Limited Partnership, R L Countryside LLC, & G L Countryside LLC 2524 Alexander PI. Temporary Signs - Knight 5.1.6 Case 233-19 Muhamed Faour 763 Mandalay Ave. Residential Rental Business Tax Receipt - Phillips Member Prast moved to accept the Affidavits of Compliance for Cases 51 19, 104 19, 113 19, 139 19, 156 19, and 233 19. The motion was duly seconded and carried unanimously. Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes December 18, 2019 5.2 WITHDRAWN - Continued from October 23 and November 20, 2019 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Jonathan Midway Island for Permits. (Cantrell) Case 106-19 was withdrawn. 6. Other Board Action: None. 7. Nuisance Abatement Lien Filings: None. 8. Adjourn Attest: The meeting adjourned at 2:25 p.m. Case 106-19 - P Grinstead at 48 Chair, Myn1 ¢aI Code Enforcement Board Secretary to the Board City of Clearwater Page 10