02/26/2020 Municipal Code Enforcement Board Meeting Minutes February 26, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
r
Meeting Minutes
Wednesday, February 26, 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 February 26, 2020
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 Kerry Fuller
Absent 1 - Board Member Michael Mannino
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 January 22, 2020 Municipal Code Enforcement
Board as submitted in written summation.
Member Prast moved to approve minutes of the January 22, 2020
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 September 25 and December 18, 2019, Continue to March 25, 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 March 25, 2020.
4.2 Continued from December 18, 2019, Continue to March 25, 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)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
Case 240-19 was continued automatically to March 25, 2020.
4.3 Case 26-20 - Find respondent(s) Precision Hotel Management Co. at 212 S Hillcrest
Ave. in violation of Code for Exterior Surfaces; and issue an order with the compliance
deadline and fine if compliance is not met. (Brown)
Virginia Mitchell, representing the property owner, said the property had
been painted and was in compliance.
Inspector Shelby Brown said she was advised today that repairs had
been made, she was unable to verify if the property was in compliance.
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 Brown recommended compliance by March 26, 2020 or a fine
of$250 per day be imposed for the Exterior Surfaces violation. She
presented photos of the 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 March 26, 2020. If the Respondent
does not comply within the time specified, the Board may order a fine
of $250 per day for each day the violation continues to exist. If fines
and fees remain unpaid 3 months after such lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion was duly
seconded and carried unanimously.
4.4 Continue to March 25, 2020 - Case 27-20 - Find respondent(s) Mark Edwards and Clair
Edwards at 692 Bayway Blvd. #305 in violation of Code for Short Term Rental; and issue
an order with the compliance deadline and fine if compliance is not met. (Phillips)
Case 27-20 was continued automatically to March 25, 2020.
4.5 Case 28-20 - Find respondent(s) Shawn O. Dickerson at 2329 Pin Oak Lane in violation
of Code for Short Term Rental and Residential Rental Business Tax Receipt; and issue
an order with the compliance deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
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.
4.6 Case 29-20 - Find respondent(s) Mousumi Khatoon at 1407 N Betty Ln. in violation of
Code for Sign Maintenance; and issue an order with the compliance deadline and fine if
compliance is not met. (Knight)
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.:
4.7 Case 30-20 - Find respondent(s) William Mickle, Jr. at 1496 S Missouri Ave. in violation
of Code for Signage 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 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
4.8 Case 31-20 - Find respondent(s) S C C & Associates LLC at 1701 Drew St. in violation
of Code for Signage 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 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.
4.9 WITHDRAWN - Case 32-20 - Find respondent(s) Jack Vasilaros at 1361 S Missouri
Ave. in violation of Code for Business Tax Receipt Required; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 32-20 was withdrawn.
4.10Case 33-20 - Find respondent(s) Dora and George Kallas at 327 Coronado Dr. in
violation of Code for Signage 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 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.
4.11 Case 34-20 - Find respondent(s) K & P Clearwater Estate I I LLC at 229 Coronado Dr. in
violation of Code for Sign Maintenance; and issue an order with the compliance deadline
and fine if compliance is not met. (Knight)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
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 Daniel Knight recommended compliance by March 26, 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 March 26, 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.
4.12Case 35-20 - Find respondent(s) Roma Square Inc. at 2001 Gulf to Bay Blvd. in violation
of Code for Sign Maintenance and Prohibited Signage; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Inspector Daniel Knight 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
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.
4.13Case 36-20 - Find respondent(s) Sophie Lookretis at 29 Avalon St. in violation of Code
for Temporary Sign; 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 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
Inspector Daniel Knight said the property owner's daughter and the business
owner said the sidewalk signs would be stored inside. He was unable to verity
if the property was in compliance. He presented photos of the violation. He
recommended compliance by March 11, 2020 or a fine of$150 per day be
imposed for the Temporary Sign violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before March 11, 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.
4.14Case 37-20 - Find respondent(s) Mary G Realty Inc. at 490 Mandalay Ave. in violation of
Code for Business Tax Receipt Required; 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 Carothers moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Knight presented property photos. Mary G Realty Inc., which
owned the parcel, had reconfigured 3 units into 1 space with 2 businesses
and 1 entrance; customers walked through "Kava Beach Bar"to access the ice
cream shop, "Rolls and Treats."After he spoke with Mary G Realty Inc., a
"Kava Beach Bar"representative obtained a Business Tax Receipt for "Rolls
and Treats"but not for "Kava Beach Bar," a separate business also requiring a
Business Tax Receipt. He recommended compliance by March 26, 2020 or a
fine of$150 per day be imposed for the Business Tax Receipt violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before March 26, 2020. If the Respondent
does not comply within the time specified, the Board may order a fine
of $200 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
4.15Case 38-20 - Find respondent(s) Sean Curler and Deniz Beveridge at 810 Lake Forest
Rd. in violation of Code for Roof Maintenance; and issue an order with the compliance
deadline and fine if compliance is not met. (Della Volpe)
Attorney Sam Kusha, representing the property owners, said the
respondents had contracted with a roofing company to make repairs and
had every intent to come into compliance. He said he was advocating on
the owners'behalf in litigation with the insurance company for sufficient
funds to repair storm damages. He said he had spoken with Attorney
Fuino for an extension.
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.
Inspector Julie Phillips recommended compliance by November 26,
2020 or a fine of$150 per day be imposed for the Roof Maintenance
violation. She presented photos of a tarp on the roof.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before November 26, 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.
4.16Case 40-20 - Find respondent(s) 1501 South Fort Harrison Land Trust, John A Panteles,
TRE at 1501 S. Ft Harrison Ave. in violation of Code for Abandoned Building, Door and
Window Openings, and Inoperative Vehicle; and issue an order with the compliance
deadline and fine if compliance is not met. (Kasman)
Florence Panteles, representing her son property owner John Panteles,
denied the violations, stating the property was in compliance, the building
was used for storage, and it never was abandoned.
Inspector Daniel Kasman said compliance had been met for the Door&
Window Openings and Inoperative Vehicle violations and requested a
declaration of violation. The Abandoned Building violation was not corrected.
The property had not had an active business for almost 20 years. Duke Energy
reported the property did not have active service. City water utilities were shut
off in November 2014 and the City wrote off the balance due. He presented
photos of the violations and reviewed the abandoned building Code definition
that required active utilities.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
Property owner John Panteles said he was an outstanding citizen and
reviewed reasons for the violations that were corrected. He said he also
removed the jacuzzi that a previous City employee had said was fine. He said
the building, used for storage, did not need electricity or water. He said he
visited the property up to 3 times a week and mowed the lawn weekly.
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 Door & Window Openings and Inoperative Vehicle violations, the
violations 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 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.
Inspector Kasman recommended compliance by March 26, 2020 or a
fine of$250 per day be imposed for the Abandoned Building 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.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation for Abandoned Building on or before March 26,
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.
4.17Case 41-20 - Find respondent(s) Madd Corp at 1475 S Michigan Ave. in violation of
Code for Fences; 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 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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
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.
4.18WITHDRAWN - Case 42-20 - Find respondent(s) Investment Research Holdings Inc. at 0
Court St/Prospect Ave. in violation of Code for Commercial Parking Restrictions; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Case 42-20 was withdrawn.
4.19Case 43-20 - Find respondent(s) Benjamin Rivas, Sr. at 1450 Court St. in violation of
Code for Roof Maintenance; 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 the property owner had obtained the building
permit and work was almost completed.
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 Kasman recommended compliance by March 26, 2020 or a
fine of$150 per day be imposed for the Roof Maintenance violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before March 26, 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 44-20 - Find respondent(s) Catherine E Vankesteren at 1225 S Belcher Rd. in
violation of Code for RV Parking; 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
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.
4.21 Case 45-20 - Find respondent(s) Chestnut & Mrytle LLC at 708 Chestnut St. in violation of
Code for Exterior Surfaces, Door and Window Openings, and Abandoned Building; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Ray Cassano, managing member of the LLC, admitted to the violations. He
agreed this was the ugliest building in Clearwater. He said a previous City
employee had told him not to worry about the violations as he was working to
fix the property.
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 Kasman provided photos of the violations. The building
did not have water utilities since 2002. Transients had set up residence in
building alcoves. Debris and garbage littered the property's rear.
Mr. Cassano reviewed his plans to rehabilitate a portion of the building, raze
and rebuild the remainder of the building, raze the Quonset but in the rear and
install a parking lot. He said the project was delayed while he awaited CRA
(Community Redevelopment Agency) approval of his incentive program
application which would allow him to construct an additional story.
Attorney Fuino said no permits had been issued for the project. He said
CRA approval would not occur in March. He said an 8-month compliance
window would be reasonable.
Mr. Cassano said if the project could begin within 120 days, it should be
completed by March 31, 2021. He said the timeline was out of his control.
Inspector Kasman recommended compliance by March 26, 2020 or a
fine of$150 per day per violation be imposed for. 1) Exterior Surfaces, 2)
Door& Window Openings, and 3) Abandoned Building violations.
Attorney for the Board Andy Salzman recommended scheduling a Status
Hearing for Mr. Cassano to report on his progress on June 24, 2020.
Attorney Fuino submitted composite exhibits.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
Member Prast moved to schedule a Status Report Hearing on June 24,
2020 for the property owner to report on the condition of the building and
construction of a new building. The motion was duly seconded and
carried unanimously.
4.22Case 46-20 - Find respondent(s) Trust No 1462, Land Trust Service Corp TRE at 1462
Franklin St. in violation of Code for Exterior Surfaces, Door and Window Openings, and
Exterior Storage; and issue an order with the compliance deadline and fine if compliance
is not met. (Kasman)
Property owner Donald Ingrassia admitted to the violation. He said a
former City employee had told him he could meet compliance when he was
healthy after losing his leg in a motorcycle accident.
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 Kasman said compliance had been met for the Exterior
Surfaces and Door& Window Openings violations and requested a
declaration of violation. The Exterior Storage violation was not corrected. He
presented photos of the violations and recommended compliance for the
Exterior Storage violation by March 26, 2020 or a fine of$150 per day be
imposed.
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
the Exterior Surfaces and Door & Window Openings violations, 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.
Mr. Ingrassia said he would remove the ladders and paint buckets from the
property's exterior by March 26, 2020.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the
Respondent to correct the violation for Exterior Storage on or
before March 26, 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.
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Municipal Code Enforcement Board Meeting Minutes February 26, 2020
4.23Case 47-20 - Find respondent(s) Castello Holdings LLC at 1487 Gulf to Bay Blvd. in violation
of Code for Exterior Surfaces, Door and Window Openings, and Abandoned Building; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
General Contractor Sam Lee, representing the new property owner,
admitted to the violation. He said sale of the property would close on
March 20, 2020. He reviewed plans for the building and requested a
60-day extension for the new property owner to pull required permits.
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 Kasman recommended compliance by May 26, 2020 or
a fine of$150 per day per violation be imposed for the 1) Exterior Surfaces,-
2)
urfaces,2) Door& Window Openings, and 3) Abandoned Building violations.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violations on or before May 26, 2020. If the Respondent
does not comply within the time specified, the Board may order a fine
of $150 per day 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.
4.24Case 48-20 - Find respondent(s) 1220 S Belcher Land Trust, Montana R & R LLC TRE
at 1220 S Belcher Rd. in violation of Code for Exterior Surfaces and Public Health, Safety
or Welfare Nuisance (Pool); and issue an order with the compliance deadline and fine if
compliance is not met. (Touray)
No one was present to represent the Respondent.
Inspector Yusef Touray said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of the
City of Clearwater Code as referred to in the affidavit in this case, the
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 February 26, 2020
4.25Case 49-20 - Find respondent(s) Kenneth Robinson and Robeen C Burch Est at 112 N
Betty Ln. in violation of Code for Inoperative Vehicle; 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 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.
4.26Case 50-20 - Find respondent(s) David Maqueda Lopez at 310 S Fernwood Ave. in
violation of Code for Hauling Trailer; 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 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.
4.27Case 51-20 - Find respondent(s) Robert and Amy McGregor at 2477 Chaucer St. in
violation of Code for Boat Trailer; 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.
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Municipal Code Enforcement Board Meeting Minutes February 26, 2020
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.
4.28WITHDRAWN - Case 52-20 - Find respondent(s) 2019 1 H Borrower LP at 1830 N
Keene Rd. in violation of Code for Boat Trailer and Exterior Storage; and issue an order
with the compliance deadline and fine if compliance is not met. (Della Volpe)
Case 52-20 was withdrawn.
4.29Case 54-20 - Find respondent(s) Thessaloniki Canotas-Engdahl at 1936 N Betty Ln. in
violation of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Espinosa)
Rafael Siero, representing the Respondent, said a permit had been pulled
for the roof but no inspection was done. He did not admit to the violation.
Inspector Nilda Espinosa provided a PowerPoint presentation and
showed exterior photos of new framed windows and interior photos, taken
through a broken window, of construction material, drywall and new can lights.
The contractor who pulled the permit for the roof later sent a letter to the
City requesting the permit to be voided. Work on the roof was not permitted
or inspected. Permits had not been issued for interior work.
Mr. Siero said he was waiting for a contractor to finish work on the roof. He
said he had given a previous contractor$6,500 to pull permits but later
learned the contractor was in jail for scamming people. He did not know
why the contractor had the roof permit voided. He said problems with the
building included water damage and a rear roof collapse. He said he wanted to
come into compliance.
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 Nilda Espinosa recommended compliance by March 27, 2020
or a fine of$150 per day be imposed for the Permits violation.
Mr. Siero said he could comply by the proposed deadline.
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Municipal Code Enforcement Board Meeting Minutes February 26, 2020
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before March 27, 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.
4.30Case 55-20 - Find respondent(s) Zahid Roy at 933 Laura St. in violation of Code for
Permits; and issue an order with the compliance deadline and fine if compliance is not
met. (Espinosa)
Benjamin Roy, son of property owner Zahid Roy, denied the violation.
Inspector Nilda Espinosa provided a PowerPoint presentation and showed
exterior photos of new siding and windows framed without permits and interior
photos, taken through a window, of plywood, framing, drywall stacked and
installed, and sawdust. A 2019 Google photo showed 5 windows on the west
side of the building, her photos showed 2 of those windows missing. She did
not enter the building. The quality of interior wood indicated the remodel
occurred since the owner purchased the property. She did not cite the property
for window maintenance, a different section of Code with no bearing on this case.
Re required permits, Attorney Fuino read the full Code section that the
property owner had abbreviated in his written defense.
Assistant Building Official Dana Root reviewed his duties. Permits were
required to install exterior siding, close in exterior windows, and install new
interior framing and drywall. Work at the subject property was not minor,
casual, or inconsequential.
Benjamin Roy read his father's statement which claimed that work at the
property did not require permits. He said his father acted proactively in
maintaining the structure. He said building materials inside the building were
moved there after his father sold his house. He said his father was an
immigrant who believed in property rights. He said the City had violated his
father's due process and did not have an inspection notice signed by a judge.
Inspector Espinosa said she inspected the building following an
anonymous phone call.
Discussion ensued with comments that the City was not following the
property owner, that work on the building without permits concealed its
increased taxable value, that Zahid Roy should be aware of permit
requirements as he previously testified to the Board that his business was
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
buying and fixing up properties, and it was questioned why Zahid Roy
had so many problems complying with Code.
In response to a question, Benjamin Roy said removal of the 2 windows
and covering the resulting holes were general maintenance according to the
maintenance section of the Code. He said he had scheduled a meeting
at the property with Mr. Root and Inspector Espinosa but Mr. Root was
sick that day. He said it was in his interest to comply with Code.
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 Espinosa recommended compliance by March 27, 2020 or a
fine of$150 per day be imposed for the Permits violation. Mr. Root said
staff wanted access to the building's interior for inspection.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before March 27, 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.
4.31WITHDRAWN - Case 76-20 - Find respondent(s) Trust No 1462 at 1462 Franklin St. in
violation of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Swinton)
Case 76-20 was withdrawn.
4.32Case 141-17 - 1246 Idlewild Dr. Presentation
Inspector Eric Jewett provided a PowerPoint presentation on 12461dlewild
Drive to show the culmination of 4 years of work. More than 50 tons of debris
were removed from the property during 5 abatements within 5 months. The City
collected $9,000 in administration costs. Recent photos showed the house's
newly remodeled interior and upgraded exterior.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
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Municipal Code Enforcement Board Meeting Minutes February 26, 2020
5.1.1 Case 20-18
Charles Lykes Jr.
1601 Brigadoon Dr.
Exterior Surfaces - Brown
5.1.2 Case 127-18
David Gangelhoff
400 N Garden Ave.
Unsafe Building - Cantrell
5.1.3 Case 129-18
Tsetse LLC
314 N Garden Ave
Unsafe Building - Cantrell
5.1.4 Case 131-18
Tsetse LLC
405 N. Ft. Harrison Ave.
Roof Maintenance/Door and Window Openings - Dixon
5.1.5 Case 133-18
Tsetse LLC
314 N Garden Ave.
Fences/Roof Maintenance/Door and Window Openings/Abandoned Bldg. - Dixon
5.1.6 Case 09-19
Calvin Lee Ladd
1246 Idlewild Dr.
Unsafe Building - Cantrell
5.1.7 Case 53-19
Dicks, Linda E Trust
1878 Drew St.
Unsafe Building - Cantrell
5.1.8 Case 122-19
Laura E Bailey
1155 Howard St.
Exterior Surfaces - Fletcher
5.1.9 Case 136-19
Stars Cleaners of Tampa Bay Inc
19080 US Highway 19
Exterior Surfaces - Knight
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Municipal Code Enforcement Board Meeting Minutes February 26, 2020
5.1.10 Case 144-19
Vincente Mayuri & Leovina Vargas
1290 Edenville Ave 4
Exterior Surfaces/Abandoned Building - Dixon
5.1.11 Case 159-19
Stars Cleaners of Tampa Bay Inc
19080 US Highway 19
Business Tax Receipt - Knight
5.1.12 Case 163-19
Paul Perkins and Gail Turville
2825 Chancery Ln.
Residential Rental BTR/Short Term Rental - Phillips
5.1.13 Case 217-19
Decade Gulfcoast Hotel Ptnrs
521 S Gulfview Blvd.
Temporary Signs - Knight
5.1.14 Case 222-19
Kathy Collins
1373 Campbell Ct.
Roof Maintenance - Touray
5.1.15 Case 223-19
Dumitru and lonica Voinea
1364 Friend Ave.
Residential Grass Parking/Boat Trailer - Touray
5.1.16 Case 246-19
Barakat Properties Inc
1280 S Highland Ave.
Sign Maintenance - Knight
5.1.17 Case 12-20
Xu Kun
1216 Nelson Ave.
Short Term Rental/Residential Rental BTR - Phillips
Member Prast moved to accept the Affidavits of Compliance for
Cases 20 18, 127 18, 129 18, 131-18, 133 18, 09 19, 53 19, 122 19,
136 19, 144 19, 159 19, 163 19, 217 19, 222 19, 223 19, 246 19, and
12 20. The motion was duly seconded and carried unanimously.
5.2 Case 86-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Adil & Selviye
Tzekas at 249 Bayside Dr. for Unsafe Building. (Cantrell)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 26, 2020
Inspector Jason Cantrell said the property was cited for unsafe building and
unmaintained pool. The house had been under construction for a long time, a
building permit was active. The Notice of Violation was issued in October 2018.
Mr. Root said the pool permit was voided after the contractor was not allowed
access to the pool in the rear. A new permit could be pulled in 4 days.
Attorney Salzman said the compliance date was June 19, 2019.
Property owner Selviye Tzekas said they were getting a new contractor to
finish the pool. She said water in the pool had been pumped out and they
were discussing with contractors how to make the pool inaccessible. She said
gates were on each side of the rear yard.
Concerns were expressed the pool could be accessed from the water and the
property owners had a significant amount of time to comply but had not done so.
Member Carothers 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 Continued from October 23 November 20, 2019, Continue to March 25, 2020 - 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)
Case 114-19 was continued automatically to March 25, 2020.
5.4 Case 133-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Giordan
Advisors Inc at 909 Beckett St. for Permits. (Espinosa)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
5.5 Continued from January 22, 2020, Continue to April 22, 2020 - 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)
Case 184-19 was continued automatically to April 22, 2020.
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Municipal Code Enforcement Board Meeting Minutes February 26, 2020
5.6 Case 195-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Michael O.
Plunkett at 205 S San Remo Ave. for Unsafe Building. (Cantrell)
Property owner Michael Plunkett requested a continuation until next month to
give him time to negotiate with his family in Rhode Island. He said he would
step aside if his negotiations fail.
Staff indicated it would be 2 to 3 months before the City could have the
structure razed.
Concern was expressed that Mr. Plunkett was living without water or electricity.
Attorney Fuino submitted composite exhibits.
Member Carothers 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.
5.7 Case 221-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Zante of
Palm Harbor LLC at 1808 Drew St. for Business Tax Receipt Required. (Knight)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
5.8 Case 225-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Angel Investment
Group of Tampa Inc. at 1044 N Madison Ave. for Housing Code Violations. (Espinosa)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
5.9 Case 236-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Nicholas Bay
Tenney at 1335 Milton St. for Permits. (Swinton)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept.
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Municipal Code Enforcement Board Meeting Minutes February 26, 2020
5.10Case 238-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Greenpoint
Mtg Funding Trust at 904 '/2 Turner St. for Unsafe Building. (Cantrell)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Prast moved to accept the Affidavits of Non-Compliance
for Cases 133-19, 221-19, 225-29, 236-19, and 238-19 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.
7. Nuisance Abatement Lien Filings
7.1 Case 56-20 (PNU2019-01854) -Accept the Nuisance Abatement Lien for respondent(s)
Pinellas Lodging LLC at 1636 Turner St. for Inoperative Vehicle; 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 Carothers 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.
7.2 Case 73-20 (PNU2020-00152) -Accept the Nuisance Abatement Lien for respondent(s)
Chestnut & Mrytle LLC at 708 Chestnut St for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Kasman)
Case 73-20 was withdrawn.
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Municipal Code Enforcement Board
Meeting Minutes February 26, 2020
7.3 Case 74-20 (PNU2019-00294) - Accept the Nuisance Abatement Lien for respondent(s)
James Mack at 1743 Harbor 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. (Jewett)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion to accept the Nuisance Abatement Lien.
7.4 Case 75-20 (PNU2020-00066) - Accept the Nuisance Abatement Lien for respondent(s)
Shawn and Robert Schoeller at 632 Drew St. for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Dixon)
8. Adjourn
Attest:
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order finding the Respondents
for Cases 74-20 and 75-20 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 4:10 p.m.
C air, Municipal Code Enforcement Boar
Secretry to the Bo. rd
City of Clearwater
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