01/22/2020 Municipal Code Enforcement Board Meeting Minutes January 22, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, January 22, 2020
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 22, 2020
Roll Call
Present 7 - Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member
Robert Prast, Board Member Sheila Cole, Board Member C. Daniel
Engel, Board Member Michael Mannino, and Board Member Kerry Fuller
Also Present— Ben James —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 December 18, 2019 Municipal Code Enforcement
Board meeting as submitted in written summation.
Member Mannino moved to approve minutes of the December 18, 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 and 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)
No one was present to represent the Respondent.
Member Carothers moved to find the Respondent 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 Eric Jewett said the house and garage apartment were vacant.
The property owner lived in Germany and her daughter was selling the
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property. He presented photos of the violations. He recommended compliance
by March 22, 2020 or a fine of$150 per day per violation be imposed for. 1)
Exterior Surfaces, 2) Door& Window Openings, and 3) Roof Maintenance.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violations on or before March 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.
4.2 Continued from December 18, 2019 - 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)
Property owner Abdi Boozar admitted to the violation.
Member Mannino moved to find the Respondent 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 provided a PowerPoint presentation on the weekend
nightclub operation when patrons parked throughout nearby residential
neighborhoods. When the Police Department shut down the business, the
business owner obtained a Restaurant and Bar Business Tax Receipt. While
the property was not zoned for nightclubs, onsite activity met the Code
definition for a nightclub. The Fire Department shut down the nightclub when
its occupancy exceeded 100, the fire sprinklers'maximum coverage.
Inspector Knight showed photos and videos of the nightclub's flashing
lights, music DJ, dance crowds, bottleservice, and roped off VIP section
and screenshots of paid Yelp and Facebook nightclub ads. The nightclub's
Facebook promotion of DJ John indicated the January 17, 2020 event
sold out. The Police Department received multiple noise complaints and
calls for service related to the nightclub on Friday and Saturday nights and
during the following early morning hours. The business operated as a
Mexican restaurant during the day.
Mr. Boozar said he was unaware of the nightclub activities. He said the
restaurant served ethnic food from 11:00 a.m. to 10:00 p.m. with extended
hours on Friday and Saturday. He said the business should be considered a
restaurant bar as food made up more than 51% of sales. He said the
business could not be open until 2:00 a.m. and the nightclub had to go.
Inspector Knight recommended compliance by February 1, 2020 or a
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Municipal Code Enforcement Board Meeting Minutes January 22, 2020
fine of$250 per day be imposed for the zoning violation.
Mr. Boozar requested additional time to remove the lights and return the
space to a restaurant. He said he would not permit any more nightclub
activity and would evict the tenant if he did not comply with the lease.
Concern was expressed that nightclub activity would continue if the
deadline was extended.
Fire Inspector II Eric Saccasyn said the restaurant's floor had been raised
and lighting installed without permits. When operating as a nightclub, most
restaurant tables and chairs were moved to the back parking lot. Due to Fire
Code violations, the Fire Department once forced the business to close by
pulling its gas meter. The Fire Department planned to inspect the property
soon and close the business if Fire Code violations are discovered, proper
construction permits were required. The raised floor did not meet Fire Code
egress requirements.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent to
correct the violation on or before February 1, 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.
4.3 Continued from December 18, 2019 - 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)
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met for the 1)
unpermitted signs and 2) temporary signs violations 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.
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Municipal Code Enforcement Board Meeting Minutes January 22, 2020
4.4 Continued from December 18, 2019 - 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)
No one was present to represent the Respondent.
Member Mannino moved to find the Respondents 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 said he had no communication with the property
owner. He recommended compliance by February 22, 2020 or a fine of
$150 per day be imposed for the sign maintenance violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before February 22, 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.
4.5 Cont'd from Sept. 25 & Dec. 18, 2019, Continue to Feb. 26, 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 to February 26, 2020.
4.6 Case 01-20 - Find respondent(s) Jennifer Dorman at 710 S Glenwood Ave. 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.
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Municipal Code Enforcement Board Meeting Minutes January 22, 2020
4.7 Case 02-20 - Find respondent(s) John and Virginia Kapelouzos at 1459 Fairmont St. in
violation of Code for Hauling Trailer, Residential Grass Parking, and Exterior Storage; and
issue an order with the compliance deadline and fine if compliance is not met. (Jewett)
No one was present to represent the Respondent.
Inspector Eric Jewett said compliance had been met for the 1) Hauling
Trailer, 2) Residential Grass Parking, and 3) Exterior Storage violations 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 per
violation for each day each violation continues to exist. The motion
was duly seconded and carried unanimously.
4.8 Case 04-20 - Find respondent(s) Mamone Enterprise LLC at 701 N Ft. Harrison Ave. in
violation of Code for Sign Maintenance; and issue an order with the compliance deadline
and fine if compliance is not met. (Knight)
Property owner Mohammad Alam and his attorney Jason Goldstein were
present. Attorney Goldstein denied the violation stating Mr. Alam had not
received a notice of violation. He said Mr. Alam corrected the deficiency as
soon as he received the notice of hearing.
Inspector Daniel Knight said he had received the signed Certified Mail
Return Receipt for the notice of violation which was mailed to the property
owner's address listed on the Property Appraiser's site. He presented photos
of the violation. On January 15, 2020, the sign face was being replaced.
Faded, peeling paint and rust on the sign structure needed to be removed
and the sign structure repainted.
Mr. Goldstein said Mr. Alam had not received the notice of violation. He
said Mr. Alam was willing to comply with the new requirement, Mr. Alam
had thought only the face of the sign was in violation.
Discussion ensued re Mr. Alam's mailing address. Mr. Alam said an
employee may have signed for the Certified Mail but he did not receive a
copy of the notice of violation.
Member Prast moved to find the Respondent in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
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Inspector Knight said compliance instructions on the notice of violation
referenced the sign structure. He recommended compliance by February 22,
2020 or a fine of$150 per day be imposed for the sign maintenance violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before February 22, 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 Case 05-20 - Find respondent(s) Susanne Connolly-Jones at 2950 Gulf-to-Bay Boulevard
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.
4.10Case 06-20 - Find respondent(s) A 5 J's LLC c/o Shepherds of Christ Ministries Inc.at
2620 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)
A representative 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
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Municipal Code Enforcement Board Meeting Minutes January 22, 2020
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.
4.11 Case 07-20 - Find respondent(s) 19042 US Highway 19 N LP at 19042 US Highway 19
N 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.
4.12Case 08-20 - Find respondent(s) Odd Holdings LLC at 1277 S Highland Ave. in violation
of Code for Sign Maintenance; and issue an order with the compliance deadline and fine
if compliance is not met. (Knight)
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
4.13Case 09-20 - Find respondent(s) James Hoy and Carol Kirtley at 1007 Pinebrook Dr. in
violation of Code for Short Term Rental; and issue an order with the compliance deadline
and fine if compliance is not met. (Phillips)
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No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to find the Respondent was in violation
of the City of Clearwater Code as referred to in the affidavit in this
case, the 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 10-20 - Find respondent(s) Locasoft LLC at 109 S Meteor 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.
4.15Case 11-20 - Find respondent(s) Weixin Feng at 1035 Sedeeva St. in violation of Code
for Short Term Rental; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
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
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enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.16Case 12-20 - Find respondent(s) Xu Kun at 1216 Nelson Ave. 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.
Member Carothers moved to find the Respondent in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Julie Phillips recommended compliance by February 1, 2020
or a fine of$250 per day per violation be imposed for the 1) Residential
Rental Business Tax Receipt and 2) Illegal Short-Term Rental violations.
Inspector Phillips presented screen shots of Airbnb advertisements for
renting the property short-term. The property owner lived in Canada. A
new local representative in Tampa had filled out the Tax Receipt application
but did not complete the application process.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent to
correct the violations on or before February 1. 2020. If the Respondent
does not comply within the time specified, the Board may order a fine
of $250 per day per violation for each day each violation continues to
exist. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.17Case 13-20 - Find respondent(s) Alexandru Sgondea and Mai-Ly Nguyen Sgondea at
416 N Washington 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 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
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Municipal Code Enforcement Board Meeting Minutes January 22, 2020
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.
4.18Case 14-20 - Find respondent(s) Thomas J Allen and Carl M Pluhm at 1975 Druid Rd. E
in violation of Code for Fences and Walls and Roof Maintenance; and issue an order with
the compliance deadline and fine if compliance is not met. (Touray)
No one was present to represent the Respondent.
Inspector Yusef Touray said compliance for the 1) Fences & Walls and 2)
Roof Maintenance violations had been met and requested a declaration
of violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this case,
the violations were corrected prior to today's hearing, and to enter an
order that no fine be imposed against the Respondent. If the
Respondent repeats the violations, the Board may order a fine of up to
$500 per day per violation for each day each violation continues to
exist. The motion was duly seconded and carried unanimously.
4.19Case 15-20 - Find respondent(s) Patrick Panado and Lisa Beauchamp at 1552 S
Prescott Ave. in violation of Code for Hauling Trailer and Residential Grass Parking; and
issue an order with the compliance deadline and fine if compliance is not met. (Touray)
Property owner Patrick Panado admitted to the violation. He said he had
parked his wave runners on a boat trailer in the back of his property for 27 years.
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 Yusef Touray recommended compliance by February 22, 2020
or a fine of$150 per day be imposed for the Boat Trailer and Residential
Grass Parking violation. He reviewed compliance requirements and
presented photos of the violation which was visible from the street.
Inspections Specialist Julie Phillips discussed residential grass parking
requirements. The boat could be parked in the backyard on an approved
surface behind a 6-foot fence or hedge. It was noted that permits were
required for fence and approved parking surface installations.
Mr. Panado requested 90 days to comply.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes January 22, 2020
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before March 22, 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.
4.20Case 16-20 - Find respondent(s) Wells Fargo Bank Natl Assn Tre, c/o Ocwen Loan
Servicing at 1001 Pinellas St. in violation of Code for Exterior Surfaces, Door and
Window Openings, Roof Maintenance, and Abandoned Building; and issue an order with
the compliance deadline and fine if compliance is not met. (Kasman)
No one was present to represent the Respondent.
Member Mannino moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Kasman recommended compliance by February 22,
2020 or a fine of$150 per day per violation be imposed for the: 1) Exterior
Surfaces, 2) Door& Window Openings, 3) Roof Maintenance, and 4)
Abandoned Building violations. The bank wanted to sell the property. He
presented photos of the violations. Utilities had been disconnected since
2012. He did not receive a return call from the property management
company. Some front porch repairs were recently made.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violations on or before February 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.
4.21 Case 17-20 - Find respondent(s) Anastasios Zervas and Dina Zervas at 801 Barber Dr. in
violation of Code for Clean Roof and Public Health, Safety or Welfare Nuisance; and issue
an order with the compliance deadline and fine if compliance is not met. (Odegaard)
No one was present to represent the Respondent.
Member Carothers moved to find the Respondents 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 January 22, 2020
Inspector Ryan Odegaard recommended compliance by February 22, 2020
or a fine of$150 per day per violation be imposed for the: 1) Clean Roof and
2) Unmaintained Swimming Pool public nuisance violations. The owner, who
lived in the house, said the property was in pre-foreclosure, the pool pump
was broken and the swimming pool could not be drained. The pool was
fenced. The bank stated it would try to remedy the violations.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the Respondent
to correct the violation on or before February 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.
4.22Case 18-20 - Find respondent(s) Gary English and Connie Martino at 3131 Downing St.
in violation of Code for RV Parking and Boat Trailer Parking; and issue an order with the
compliance deadline and fine if compliance is not met. (Odegaard)
Property owner Gary English denied the violations.
Inspector Ryan Odegaard said compliance had been met for the RV Parking
and requested a declaration of violation.
Member Carothers moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this case
for RV Parking, that 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.
Inspector Odegaard presented photos of several boats and an RV parked
on the property. The property owner relocated several boats and the RV
to a neighboring property outside City limits. One boat remained on the
subject property.
Mr. English said he had stored his boat on his property since he moved
there in 1976, most houses on his street were outside City limits. He said
no neighbors had complained about his new boat which was parked on an
approved surface. He requested a variance to allow the boat to remain. He
said he paid his neighbor to store his boats and RV. He did not know how
long it would take to install required fencing.
Member Prast moved to find the Respondents in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
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motion was duly seconded and carried unanimously.
Inspector Odegaard recommended compliance by February 22, 2020 or
a fine of$150 per day be imposed for the boat trailer parking violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before March 22, 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.
4.23Case 19-20 - Find respondent Jeffrey Rothschild at 600 Edenville Ave. in violation of
Code for Parking Lot Surfaces; and issue an order with the compliance deadline and fine
if compliance is not met. (Odegaard)
Property owner Jeffrey Rothschild denied the violation.
Inspector Ryan Odegaard provided a PowerPoint presentation with photos
of driveway cracks, heaves, and missing chunks. A Stop Work Order was
issued when demolition of the driveway began without a permit.
Mr. Rothschild agreed the driveway had issues but his house and lawn were
in good condition. He said he was a veteran diagnosed with PTSD (Post-
Traumatic Stress Disorder) and treated for cancer and other problems. He
said he could not work and his monthly income was $850.
Mr. Rothschild said neighbors had dug up a damaged portion of his driveway,
took up a collection, and bought him 1,600 pounds of bagged concrete for
repairs. He said he could not lift more than 10 pounds. He said a VA social
worker had said he would try to get someone to help him.
Discussion ensued with a comment that a permit would be required before
repairs could begin and recommendations that he contact social service
agencies and apply for VA disability compensation.
Member Carothers moved to find the Respondent 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 Odegaard recommended compliance by February 22, 2020 or
a fine of$150 per day be imposed for the Parking Lot Surfaces violation.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board
Meeting Minutes January 22, 2020
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before July 22, 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.
4.24WITHDRAWN - Case 20-20 - Find respondent Judy J Keats at 2209 Grovewood Rd. in
violation of Code for Clean Roof; and issue an order with the compliance deadline and fine
if compliance is not met. (Odegaard)
Case 20-20 was withdrawn.
4.25WITHDRAWN - Case 21-20 - Find respondent(s) Giuseppe Spadafina at 3165 Downing
St. in violation of Code for Exterior Surfaces; and issue an order with the compliance
deadline and fine if compliance is not met. (Odegaard)
Case 21-20 was withdrawn.
4.26Case 22-20 - Find respondent(s) Williams Asset Conversion Inc Tre at 414 N Mars Ave.
in violation of Code for Hauling Trailer, Exterior Storage, and Inoperative Vehicle; and
issue an order with the compliance deadline and fine if compliance is not met. (Hauser)
No one was present to represent the Respondent.
Inspector Jason Hauser said compliance had been met for the 1) Hauling
Trailer; 2) Exterior Storage; and 3) Inoperative Vehicle violations and
requested a declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this case,
the violations were corrected prior to today's hearing, and to enter an
order that no fine be imposed against the Respondent. If the
Respondent repeats the violations, the Board may order a fine of up to
$500 for each day each violation continues to exist. The motion was
duly seconded and carried unanimously.
4.27Case 03-20 - Find respondent(s) Mousumi Khatoon at 1407 N Betty Ln. in violation of
Code for Exterior Surfaces and Door and Window Openings; and issue an order with the
compliance deadline and fine if compliance is not met. (Jewett)
Property owner Russell Macin said he was working to comply but
needed more time.
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City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes January 22, 2020
Member Mannino moved to find the Respondent 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 Eric Jewett recommended compliance by February 22, 2020 or
a fine of $250 per day per violation be imposed for the 1) Exterior Surfaces
and 2) Door & Window Openings violations. He presented photos of the
violations. All commercial tenants were evicted but some had not vacated
the premises. Access to 2nd floor apartments was in the rear of the building.
Inspector Jewett said he had pointed out violations to Mr. Macin on
October 10, 2019 when they walked the property with the Police. Chicken
wire screwed into window frames blocked emergency egress from 2nd floor
apartments. Some exterior doors were boarded shut and others lacked
handles. Access to 2 apartments was via a locked glass door that the tenants
did not want removed. He will visit the property tomorrow with the Police and
Fire departments. The owner was working to address multiple problems.
Mr. Macin said he bought the property in August 2018. He said children
did not live in the apartments. He said he was not receiving income from
the commercial spaces and requested additional time to make repairs.
He said chicken wire covered the windows when he purchased the building.
Vicki Dykens, with Pinellas County 1st Choice, said Mr. Macin had hired
her in mid-December. She said the bad commercial tenants had been
evicted and should vacate the property by early February. She said workers
could begin repairs once the problematic commercial tenants were gone.
She said a lock box had been discussed for access to the apartments.
Concerns were expressed that safety hazards required immediate attention.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violations on or before February 22, 2020. If the
Respondent does not comply within the time specified, the Board may
order a fine of $250 per day per violation for each day each violation
continues to exist. If fines and fees remain unpaid 3 months after such
lien is filed, the City is authorized to foreclose, collect or settle such
lien. The motion was duly seconded and carried unanimously.
4.28Case 25-20 - Find respondent(s) Mousumi Khatoon at 1407 N Betty Ln. in violation of
Code for Unsafe Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Property owner Russell Macin admitted to the violation. He said his lack
of property income during the past 6 to 7 months caused him a hardship.
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City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes January 22, 2020
Member Prast moved to find the Respondent 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 a PowerPoint presentation and photos
of unsafe building violations including blocked egress, apartment access to a
flat roof not designed to carry a load, railings screwed into unanchored wood
blocks, an improperly sealed junction box, unprotected and unsafe electrical
outlets, electrical panels without covers, incorrectly connected electrical
standoffs, air-conditioning ducts, and plumbing pipes, commercial spaces
lacking hot water, a missing exit sign, rotting joists, collapsed ceilings, a
failing metal brace supporting a collapsing wall, and interior water damage.
Mr. Macin was thanked for his efforts to clean up the property. It was
noted the building was extremely unsafe and required a substantial
investment to make necessary repairs.
Inspector Cantrell said he was trying to help Mr. Macin. He said
significant loitering on the property made it difficult for repairs to be made.
Vicki Dykens, representing Mr. Macin, said the evicted tenants were big
threatening people. She said the commercial properties had been locked.
Mr. Macin said he needed time to repair the roof.
In response to a question, Inspector Cantrell said he had not inspected
the roof; one resident reported an apartment ceiling had collapsed. He
recommended compliance by February 22, 2020 or a fine of $250 per day
be imposed plus authorization for the City to take corrective actions.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before February 22, 2020. If the Respondent
does not comply by that date, the Board may order a fine of $250 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.
City of Clearwater
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Municipal Code Enforcement Board
Meeting Minutes January 22, 2020
5.1.1 Case 27-14
Gilbert Jannelli & Barbara Suslak
23837 US Highway 19
Abandoned Building - Phillips
5.1.2 Case 01-17
David Carter
909 Hart St.
Public Health Safety or Welfare Nuisance - Jewett
5.1.3 Case 45-17
James G Gray
1516 Carmel Ave.
Hauling Trailer - Fletcher
5.1.4 Case 77-19
Carmen Silverman & Nancy Burris
1603 N Osceola Ave.
Landscape Cover - Dixon
5.1.5 Case 78-19
Rene & Darlene Neyrey
504 Nicholson St.
Abandoned Building - Dixon
5.1.6 Case 154-19
Peter Nichols
614 S Missouri Ave.
BTR Required - Knight
5.1.7 Case 182-19
Patriot Petroleum Dist Inc
1725 Drew St
Sign Maintenance - Knight
5.1.8 Case 187-19
Rogenia Flowers
524 McLennan St.
Fences - Fletcher
5.1.9 Case 188-17
RE Metz Properties
1616 Gulf to Bay Blvd.
Windows Maintenance — Fletcher
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City of Clearwater
Municipal Code Enforcement Board
5.1.10 Case 250-19
Cynthia Mansfield
107 Evelyn Ave
Exterior Surfaces - Kasman
Meeting Minutes January 22, 2020
5.1.11 Case 255-19
Blue Aqua LLC
1001, 1003, & 1005 N Ft. Harrison Ave.
Lot Clearing - Dixon
Member Cole moved to accept the Affidavits of Compliance for Cases
27-14, 01-17, 45-17, 77-19, 78-19, 154-19, 182-19, 187-19, 188-17, 250-19
and 255-19. The motion was duly seconded and carried unanimously.
5.2 Case 122-19 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Laura Bailey
at 1155 Howard St. for Exterior Surfaces. (Fletcher)
Inspector Vicki Fletcher said she had extended the compliance deadline at
the request of property owner Laura Bailey. Just before filing for bankruptcy,
Ms. Bailey said she had hired a contractor. Today, Ms. Bailey contacted her
and said she had hired a contractor.
Member Mannino 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 WITHDRAWN - Case 159-19 - Accept the Affidavit(s) of Non -Compliance for
respondent(s) Stars Cleaners of Tampa Bay Inc. at 19080 US Highway 19 N for Business
Tax Receipt Required. (Knight)
Case 159-19 was withdrawn.
5.4 Case 184-19 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Centro NP
Clearwater Mall LLC at 2607 Gulf to Bay Blvd. for Business Tax Receipt Required. (Knight)
Inspector Daniel Knight requested that Case 184-19 be continued.
Member Prast moved to continue Case 184-19 to February 26, 2020.
The motion was duly seconded and carried unanimously.
5.5 Case 215-19 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Ayad
Elayyan at 1391 Gulf to Bay Blvd. for Unsafe Building. (Cantrell)
See below for motion on approval.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 22, 2020
5.6 Case 227-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) 2017 IH
Borrower LP at 2692 Beaumont Ct. for Permits. (Espinosa)
Member Prast moved to accept the Affidavits of Non-Compliance
for Cases 215-19 and 227-19 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
6.1 Case 124-19 - Request to stop lien accrual for James A Mack at 1743 Harbor Dr. in
violation of Code for Clean Roof, Lot Clearing, Inoperative Vehicle, Exterior Storage, and
Boat Trailer Parking. (Jewett)
Inspector Eric Jewett said although $120,000 in fines had accrued, the
property remained out of compliance. He presented photos of multiple
violations with numerous items, including tires, scattered across the
backyard and inoperative vehicles out front. Staff requested the lien accrual
be stopped, the City wanted to abate the property.
Member Mannino moved to enter an order stopping the lien accrual for
Case 124-19. The motion was duly seconded and carried unanimously.
6.2 Election of Officers
Member Prast moved to reappoint Sue Johnson as Chair. The
motion was duly seconded and carried unanimously.
Member Mannino moved to reappoint Wayne Carothers as Vice
Chair. The motion was duly seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN - Case 23-20 (PNU2019-01743) - Accept the Nuisance Abatement Lien
for respondent(s) 19042 US Highway 19 N LP at 19042 US Highway 19 N for Lot
Clearing; and issue an order with the compliance deadline and authorize the City to
mitigate the violation if compliance is not met. (Odegaard)
Case 23-20 was withdrawn.
7.2 Case 24-20 (PNU2019-01547) -Accept the Nuisance Abatement Lien for respondent(s)
Anastasios Zervas and Dina Zervas at 801 Barbar Dr. for Lot Clearing; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Odegaard)
No one was present to represent the Respondent.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 22, 2020
See below for motion of approval.
7.3 Case 39-20 (PNU2019-01706) -Accept the Nuisance Abatement Lien for respondent(s)
Christine Dorcelus at 214 Highland Ave. for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (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 Prast moved to find the Respondent was in violation of
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. If the Respondent repeats the violation, the
Board may impose a daily fine and order the City to take all
reasonable actions to abate and maintain the nuisance, including
entry onto the property, and charge the Respondent with those
costs, fines, and fees, which will become a lien on the property.
The motion was duly seconded and carried unanimously.
7.4 Case 53-20 (PNU2019-01895) -Accept the Nuisance Abatement Lien for respondent(s)
Pasers Fund Holdings LLC, Alicia P Howard, Registered Agent at 1610 Kings Highway
for Lot Clearing; and issue an order with the compliance deadline and authorize the City
to mitigate the violation if compliance is not met. (Jewett)
No one was present to represent the Respondent.
Member Carothers moved to enter orders for Cases 24-20 and
53-20 finding the Respondents in violation of the City of
Clearwater Code and requiring the Respondents to correct the
violations within five days of the Board's written orders. If the
Respondents do not comply within the time specified, the City
may take all reasonable actions, including entry onto the
properties, to abate and maintain the nuisances, and charge the
Respondents with the reasonable costs which will become liens
on the properties. If costs, fines and fees remain unpaid 3 months
after such liens are filed, the City is authorized to foreclose,
collect or settle such liens. The motion was duly seconded and
carried unanimously.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes
8. Adjourn
Attest:
The meeting adjourned at 4:00 p.m.
January 22, 2020
Chair, Munici
Secretary to he Board
City of Clearwater
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Code Enforcement Board