11/18/2020 Municipal Code Enforcement Board Meeting Minutes November 18, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, November 18, 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 November 18, 2020
Roll Call
Present 6 - Acting Chair Michael Mannino, Board Member Lina Teixeira,
Board Member Peter F. Kohut, Board Member David C. Farrar, Board
Member Nicole Bray,
Absent1 - Board Member Kerry Fuller
Also Present - Andy Salzman - Attorney for the Board, Michael Fuino - Assistant City
Attorney, Nicole Sprague - Secretary to the Board, Patricia O. Sullivan
- Board Reporter
1. Call To Order
The Acting 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 June 24, 2020 Municipal Code Enforcement Board
as submitted in written summation.
Member Farrar moved to approve minutes of the June 24, 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 Election of Officers
Member Kohut moved to appoint Michael Mannino as Chair and
Kerry Fuller as Vice Chair. The motion was duly seconded and
carried unanimously.
4.2 WITHDRAWN - Cont'd from 12/18/19, 3/25/20, 4/22/20, 6/24/20 & 7/22/20 - Case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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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
Case 240-19 was withdrawn.
4.3 Cont'd from 3/25/20, 4/22/20, 6/24/20, & 7/22/20 - Case 79-20 - Find respondent(s)
Onaly and Chander Kapasi at 692 Bayway Blvd. 302 in violation of Code for Residential
Rental Business Tax Receipt and Short Term Rental; and issue an order with the
compliance deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Teixeira 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.
4.4 Cont'd from 3/25/20, 4/22/20, 6/24/20, & 7/22/20 - Case 81-20 - Find respondent(s) East
Gateway Holdings LLC at 1390 Gulf to Bay Blvd, in violation of Code for Business Tax
Receipt Required and 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 reported the Business Tax Receipt violation had
been withdrawn.
Member Kohut moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Knight recommended compliance by January 18, 2021
or a fine of$100 per day be imposed for the signage without permits
violation. He presented November 6, 2019 and January 6, February 18
and November 17, 2020 property photos of the unpermitted
SolarTechElec sign.
Attorney Fuino submitted composite exhibits.
Member Kohut moved to enter an order requiring the
Respondent to correct the violation on or before January 18,
2021. If the Respondent does not comply within the time
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
specified, the Board may order a fine of $100 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 WITHDRAWN - Cont'd from 3/25/20 & 4/22/20, 6/24/20, & 7/22/20 - Case 86-20 - Find
respondent(s) Alan Rophie and Ralph Rophie at 2420 Gulf to Bay Blvd. in violation of
Code for Parking Lot Surfaces; and issue an order with the compliance deadline and fine
if compliance is not met. (Odegaard
Case 86-20 was withdrawn.
4.6 WITHDRAWN - Cont'd from 3/25/20 & 4/22/207 6/24/207 & 7/22/20- Case 87-20 - Find
respondent(s) James P Geygan at 1421 Barry St. in violation of Code for Permits; and
issue an order with the compliance deadline and fine if compliance is not met. (Cantrell)
Case 87-20 was withdrawn.
4.7 Cont'd from 3/25/20 & 4/22/207 6/24/207 & 7/22/20 - Case 88-20 - Find respondent(s)
Nily Ilan at 900 Vine Ave. in violation of Code for Unsafe Building; and issue an order with
the compliance deadline and fine if compliance is not met. (Cantrell)
No one was present to represent the Respondent.
Member Teixeira moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell presented January 24, 2015 property photos
showing the aftermath of a serious fire, June 28, 2018 and November 4,
2020 property photos showing repair work nearing completion. The permit
was current. No one lived in the house. He reviewed his recommendation via
phone with the property owner who acknowledged the violation. He
recommended compliance by February 18, 2021 or a fine of$25 per day be
imposed and authorization for the City to take corrective action.
Attorney Fuino submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violations on or before February 18, 2021 If the
Respondent does not comply by that date, the Board may order a
fine of $25 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 fines and fees remain unpaid 3 months after such lien
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
is filed, the City is authorized to foreclose, collect or settle such
lien. The motion was duly seconded and carried unanimously.
4.8 WITHDRAWN - Cont'd from 3/25/20 & 4/22/20, 6/24/20 & 8/26/20 - Case 89-20 - Find
respondent(s) Rosalie Fairchild at 873 Harbor Is in violation of Code for Permits; and
issue an order with the compliance deadline and fine if compliance is not met. (Espinosa)
Case 89-20 was withdrawn.
4.9 Cont'd from 3/25/20, 4/22/207 6/24/207 & 7/22/20 - Case 90-20 - Find respondent(s)
1447 Druid Rd. Land Trust at 1447 Druid Rd. in violation of Code for Permits; and issue
an order with the compliance deadline and fine if compliance is not met. (Espinosa)
No one was present to represent the Respondent.
Member Teixeira moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Nilda Espinosa presented September 16 and October 14, 2019
and May 27, 2020 property photos of an unpermitted roof replacement and
repair efforts by an unknown party, deteriorated wood along the old roof's
edge, and roof debris on the ground. A bank took possession of the
foreclosed property. No changes occurred since June 2020. She
recommended compliance by December 30, 2020 or a fine of$150 per day
be imposed.
Assistant Building Official Dana Root said a General Contractor and Roofing
Contractor would have to obtain separate permits to repair the roof.
Attorney Fuino submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before December 30, 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.
4.10Cont'd from 3/25/20, 4/22/207 6/24/207 & 7/22/20 - Case 91-20 - Find respondent(s) Trust
1917 William Asset Conversion Inc Tre at 1917 Macomber Ave. in violation of Code for
Permits; and issue an order with the compliance deadline and fine if compliance is not
met. (Espinosa)
No one was present to represent the Respondent.
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
Inspector Nilda Espinosa said compliance had been met and requested
a declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Kohut 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.
4.11 Cont'd from 3/25/20, 4/22/20, 6/24/20, & 7/22/20 - Case 93-20 - Find respondent(s) Gary
English at 3131 Downing St. in violation of Code for Permits - Accessory Structure; and
issue an order with the compliance deadline and fine if compliance is not met. (Cantrell)
Property owner Gary English denied the violations.
Inspector Jason Cantrell provided a PowerPoint presentation for Case
93-20- unpermitted accessory structure AND Case 94-20 - unpermitted
fence. A January 21, 2020 property photo showed the accessory structure
was anchored in front of and exceeded the height of the main structure.
February 5, 2020 property photos showed posts installed for an unpermitted
fence. October 21, 2020 property photos showed the completed fence. Stop
Work Orders were issued for both projects that commenced without permits.
The accessory structure and fence violated Code setback and height limits.
The abutting property was in unincorporated Pinellas County. The property
owner had discussions with him, Code Inspector Ryan Odegaard, and Code
Enforcement Manager Ken Pieslak.
Mr. English said he had met all City requirements by removing the travel
trailer and boat from his property. He did not think he needed a permit to
install 2 posts for a fence. He said the inspector had said it was fine. He said
the carport, only one foot taller than the house, has been in its current
location since 2010. He expressed concern he now faced a whole new set of
rules.
Mr. Root said Mr. English was advised his accessory structure and fence
did not comply with Code. The unpermitted accessory structure was too tall
and extended beyond the front of the house and the unpermitted fence was
too tall in front of the house and too close to the property line. To obtain a
variance, the property owner needed to submit a property survey to a City
Planner for a Code review and proof that the locations and heights of the
fence and accessory structure were consistent with surrounding properties.
Assistant Planning & Development Director Lauren Matzke said a complete
Level 1 application could be approved in 6 weeks.
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
Mr. English said the City now was providing him different information re
compliance requirements.
Member Kohut moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell recommended compliance by December 18,
2020 or a fine of$150 per day be imposed for the Permits -Accessory
Structure violation.
Mr. English requested additional time.
Attorney for the Board Andy Salzman recommended Mr. English contact
the City re all issues that were unclear to him.
Attorney Fuino submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent
to correct the violation on or before February 18, 2021. 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.
4.12Cont'd from 3/25/20, 4/22/20, 6/24/20, & 7/22/20 - Case 94-20 - Find respondent(s) Gary
English at 3131 Downing St. in violation of Code for Permits - Fence; and issue an order
with the compliance deadline and fine if compliance is not met. (Cantrell)
See Item 4.11 for presentation/testimony/discussion.
Member Kohut moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell recommended compliance by December 18,
2020 or a fine of$150 per day be imposed for the Permits - Fence violation.
Attorney Fuino submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent to
correct the violation on or before February 18, 2021. 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
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
authorized to foreclose, collect or settle such lien. The motion was duly
seconded and carried unanimously.
4.13WITHDRAWN - Cont'd from 3/25/20, 4/22/20, 6/24/20, & 8/26/20 - Case 95-20 - Find
respondent(s) Mirchandani Family Land Trust at 25716 US Highway 19 in violation of
Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Case 95-20 was withdrawn.
4.14Cont'd. from 7/22/20 - Case 100-20 - Find respondent(s) John & Lori Cirelli at 865 Bruce
Ave. in violation of Code for Short Term Rental; and issue an order with the compliance
deadline and fine if compliance is not met. (Phillips)
Property owner John Cirelli denied the repeat violation. He said neighbors
had contacted the City when his out-of-state relatives parked their vehicle in
his driveway. He said his sales taxes proved he rented the property to only 3
people all year, in January, February, and March. He said he blocked out
time on the vacation rental website for his personal use of the property.
Inspector Julie Phillips provided a PowerPoint presentation on the repeat
violation for illegal short-term rental. On March 22, 2017, MCEB
(Municipal Code Enforcement Board) heard Case 46-17 and issued an
order finding property owners John and Lori Cirelli in violation for illegal
short-term rental of the subject property and that the violation was corrected
prior to the hearing.
Inspector Phillips presented screenshots of vacation rental website
advertisements and a property photo as Prima Facie evidence for 865
Bruce Avenue: 1) May 19, 2020 photo of posting on residence's front
door, 2) May 19, 2020 - HomeAway- 1-night minimum, rate quote for 7-
night rental, calendar overlap of short-term rental availability, 3) May 20,
2020 - VRBO - 1-night minimum, and 4) May 21, 2020- VRBO - 30-night
minimum.
Mr. Cirelli said it had been difficult to get the vacation rental website to
remove a review to correct his first violation. He said the City regulation
limiting rentals to 28- 31 days was difficult to advertise, he thought he
could post a different number of days and correct the minimum stay when he
approved each booking.
In response to questions from Attorney Fuino, Mr. Cirelli said he had
maintained a homestead for 17 years in New Port Richey where he lived, he
also had filed for a homestead exemption on the subject property in 2017
and 2018 while he and his wife planned to relocate to Clearwater Beach. He
said he rescinded that homestead exception when they decided not to move.
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
Attorney Salzman reviewed the Code re repeat violations.
Member Bray moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case and has
committed a repeat violation. The motion was duly seconded and
carried unanimously.
Inspector Phillips recommended a fine be imposed of$500 per day for
May 19 and 20, 2020 when the repeat violation for illegal short-term rental
existed, for a total of$1,000.
It was noted the daily rate was $239.
Attorney Fuino submitted composite exhibits.
Member Kohut moved to enter an order that a fine of $239 per day be
imposed for the 2 days the repeat violation existed for a total fine of
$478 payable within 30 days of posting of Order. If fines and fees
remain unpaid 3 months after such lien is filed, the City is authorized to
foreclose, collect or settle such lien. If the Respondent repeats the
violation, the Board may order a fine of up to $500 for each day each
violation continues to exist. The motion was duly seconded and carried
unanimously.
4.15WITHDRAWN - Cont'd. from 7/22/20 - Case 101-20 - Find respondent(s) Baez & Ortiz
LLC at 1400 Cleveland St. in violation of Code for Roof Maintenance; and issue an order
with the compliance deadline and fine if compliance is not met. (Kasman)
Case 101-20 was withdrawn.
4.16Cont'd. from 7/22/20 - Case 102-20 - Find respondent(s) Ayad Elayyan at 1391 Gulf to
Bay Blvd. in violation of Code for Door & Windows; 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 Kohut 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 presented February 21, March 4, April 6, June 1,
July 24, and November 4 and 17, 2020 property photos of the building's
boarded windows and doors. He had not heard from the property owner
since issuing the Notice of Violation. He said no permits had been issued
and portalets were present when a Stop Work Order was issued. The
boarded space had no utilities. The Building Department was addressing
interior issues. He recommended compliance by December 5, 2020 or a fine
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
of$150 per day be imposed for the door and window openings violation.
Attorney Fuino submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before December 5, 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.
4.17Cont'd. from 7/22/20 - Case 103-20 - Find respondent(s) Sealty LLC at 1401 Gulf to Bay
Blvd. in violation of Code for Roof Maintenance & Business Tax Receipt; 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 Farrar 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 presented January 8, February 10, March 23, June
1, July 24, August 11, November 4 and 17, 2020 property photos of a
deteriorating blue tarp on the roof, July 24 and August 11, 2020 property
photos of overgrown green space, and a January 8, 2020 screenshot of
Acela indicating the restaurant lacked a Business Tax Receipt. He
recommended compliance by December 5, 2020 or a fine of$150 per day
per violation be imposed for the Roof Maintenance and Business Tax
Receipt violations.
Attorney Fuino submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the 2 violations on or before December 5, 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.
4.18WITHDRAWN - Cont'd. from 7/22/20 - Case 104-20 - Find respondent(s) Belleair
Properties Group LLC at 1441 Gulf to Bay Blvd. in violation of Code for Residential
Rental Business Tax Receipt; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
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Case 104-20 was withdrawn.
4.19WITHDRAWN - Cont'd. from 7/22/20 - Case 105-20 - Find respondent(s) Mathew &
Morgan Gilghrest at 1555 Long St. in violation of Code for Exterior Surfaces, Exterior
Storage, Fences, and Address Numbers; and issue an order with the compliance
deadline and fine if compliance is not met. (Kasman)
Case 105-20 was withdrawn.
4.20WITHDRAWN - Cont'd. from 7/22/20 - Case 106-20 - Find respondent(s) Giselle Absy,
c/o Absy, Ghislaine POA at 215 S Hillcrest Ave. in violation of Code for Fences; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Case 106-20 was withdrawn.
4.21 Cont'd. from 7/22/20 - Case 107-20 - Find respondent(s) Douglas E Fischer at 10 N.
Aurora Ave. in violation of Code for Residential Grass Parking, Roof Maintenance,
Exterior Storage, & Vehicle Repair; 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 Farrar 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 reported the Residential Grass Parking violation
had been withdrawn.
Inspector Kasman presented a February 19, 2020 property photo of a tarp
on the roof and February 19, March 1, 12 and 20, April 6, May 28, June 2
and 5, July 21 and 27, September 24, October 13, 22 and 27, and
November 4, 10, and 16, 2020 property photos of multiple vehicles parked in
the front and backyards, a vehicle without a hood, active repairs underway
on multiple vehicles and a lawnmower, an unlicensed truck in the street in
front of the property which the City had towed, and the outdoor storage of
trashcans, tools, a cherry picker,junk, tires, debris, etc. The resident said he
did not charge friends for repairing their vehicles. The City received multiple
complaints about the property including late night noise. The Code
prohibited operating an auto repair facility in a residential neighborhood. He
recommended compliance by December 5, 2020 or a fine of$150 per day
per violation be imposed for Roof Maintenance, Exterior Storage, and
Vehicle Repair violations.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
Member Bray moved to enter an order requiring the Respondent
to correct the 3 violations on or before December 5, 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.
4.22WITHDRAWN - Cont'd. from 7/22/20 - Case 108-20 - Find respondent(s) Juanita
Mendoza Quevedo at 604 Spencer Ave. in violation of Code for Hauling Trailer; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Case 108-20 was withdrawn.
4.23WITHDRAWN - Cont'd. from 7/22/20 - Case 109-20 - Find respondent(s) Glengomna
Trust, John F. Irwin, Tre. at 1725 Flagler Dr. in violation of Code for Commercial Vehicle
Parking & Hauling Trailer; and issue an order with the compliance deadline and fine if
compliance is not met. (Odegaard)
Case 109-20 was withdrawn.
4.24WITHDRAWN - Cont'd. from 7/22/20 - Case 110-20 - Find respondent(s) David &
Jocelyn Coley at 1511 Aries Ln. in violation of Code for Inoperative Vehicle; and issue an
order with the compliance deadline and fine if compliance is not met. (Odegaard)
Case 110-20 was withdrawn.
4.25Case 111-20 - Find respondent(s) James Rutherford at 2720 Morningside Dr. in violation
of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Brown)
No one was present to represent the Respondent.
Member Farror 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 Shelby Brown presented January 7, July 14, and November 4,
2020 property photos of large sections of damaged and peeling paint on the
house. She had 4 conversations with the property owner. Yesterday, was
the first noticeable progress on repairs in the last year. She recommended
compliance by January 31, 2021 or a fine of$150 per day be imposed for
the exterior surfaces violation.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before January 31, 2021. 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.
4.26Case 112-20 - Find respondent(s) Yim Su Song at 441 Palm Isl 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 Teixeira 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 113-20 - Find respondent(s) Tolulope M Olasunkanmi at 109 Devon Dr. in repeat
violation of Code for Short Term Rental; and issue an order that a daily fine be imposed
for each day the repeat violation(s) existed. (Phillips)
No one was present to represent the Respondent.
Member Bray moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case and has
committed a repeat violation. The motion was duly seconded and
carried unanimously.
Inspector Julie Phillips provided a PowerPoint presentation on the repeat
violation for illegal short-term rental. On January 24, 2018, MCEB heard
Case 13-18 and issued an order finding owner Tolulope Olasunkanmi in
violation for advertising an illegal short-term rental at 109 Devon Dr. and
ordered compliance by February 3, 2018, Tolulope Olasunkanmi complied.
Inspector Phillips presented a property photo and screenshots of VRBO
vacation rental website advertisements as Prima Facie evidence for 109
Devon Drive: 1) August 11, 2020 photo of posting on residence's front door,
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Municipal Code Enforcement Board Meeting Minutes November 18, 2020
2) August 11, 2020 - 14-night minimum, rate quote for 14-night rental, 3)
August 12, 2020 - 7— 30 night minimum, rate quote for 14-night rental, 4)
August 19, 2020 - 7— 30 night minimum, 5) November 9, 2020— 14 night
minimum, rate quote for 14-night rental, 6) November 13, 2020 - 14 — 30
night minimum; and 7) November 16, 2020- 14 — 30 night minimum, rate
quote for 14-night rental.
Inspector Phillips recommended a fine be imposed at $500 per day for
the 6 days—August 11, 12, and 19 and November 9, 13, and 16, 2020
the repeat violation for illegal short-term rental existed for a total of$3,000.
Concern was expressed the nightly rental rate far exceeded the maximum
daily fine.
Attorney Fuino submitted composite exhibits.
Member Farrar moved to enter an order that a fine of $500 per day be
imposed for the 6 days the repeat violation existed for a total fine of
$3,000 payable within 30 days of posting of Order. If fines and fees
remain unpaid 3 months after such lien is filed, the City is authorized
to foreclose, collect or settle such lien. If the Respondent repeats the
violation, the Board may order a fine of up to $500 for each day each
violation continues to exist. The motion was duly seconded and
carried unanimously.
4.28Case 114-20 - Find respondent(s) Trust No 1520CS, Land Trust Service Corp Tre at
1520 Clark St. in violation of Code for Exterior Storage; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
Property owner Donald Ingrassia said the violation was not his fault. He said
his tenant was responsible for the exterior storage and he could not force its
removal. He said the property was in compliance.
Inspector Daniel Kasman presented February 12 and 20, March 16, June 1,
17, and 29, October 30, and November 17, 2020 property photos of
significant illegal outdoor storage in and near the carport. He spoke to the
tenant about the violation.
Mr. Ingrassia expressed frustration that he could not dispose of the tenant's
possessions stored outside. He said the tenant had paid his rent. He said
because the City required a license to rent property, the City should deal
with tenant misdeeds. He said COVID-19 eviction restrictions had tied his
hands.
Attorney Salzman said property owners were responsible for activities on
their property and lease document language could enable owners to evict
tenants who violate Code.
Page 14
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 18, 2020
Member Kohut 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 Kasman recommended compliance by January 15, 2021 or a
fine of$150 per day be imposed for the exterior storage violation.
Gunnar Rivas said he was the tenant and most exterior storage items
belonged to his "ex."He said he would comply by the deadline and
authorized the property owner to remove exterior storage items.
Attorney Fuino submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before January 15, 2021. 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.
4.29WITHDRAWN - Case 115-20 - Find respondent(s) K K J Investment Group Inc. at 1465
Pierce St. in violation of Code for Roof Maintenance & Residential Grass Parking; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Case 115-20 was withdrawn.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 98-16 Affidavit of Compliance
Helen Reed
1455 S Ridgelane Cir
Abandoned Building/Exterior Surfaces - Knight
5.1.2 Case 132-16 Affidavit of Compliance
Hassen Chaabab
Bilal-Malik Hassen Chaaban
1760 Sharondale Dr
Exterior Surfaces - Knight
5.1.3 Case 57-17 Affidavit of Compliance
Conrad Dalman
1446 Thames Ln
Res. Rental Business Tax Receipt - Knight
Page 15
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 18, 2020
5.1.4 Case 102-17 Affidavit of Compliance
Riti Investments LLC
1907 Drew St
Window Signs - Knight
5.1.5 Case 35-18 Affidavit of Compliance
Thomas Rizkovsky
1384 Seabreeze St
Exterior Storage - Touray
5.1.6 Case 180-18 Affidavit of Compliance
Zahid Roy
1412 N Ft Harrison Ave
Door & Window Openings - Phillips
5.1.7 Case 111-19 Affidavit of Compliance
Skiff Pt LLC
250 Skiff Pt
Permits - Espinosa
5.1.8 Case 114-19 Affidavit of Compliance
Anton Theodor Bociek
912 N Garden Ave
Exterior Surfaces/Door & Window Openings/Abandoned Building - Dixon
5.1.9 Case 124-19 Affidavit of Compliance
James A Mack
1743 Harbor Dr
Inoperative Vehicle/Lot Clearing/Roof Maintenance/Exterior Storage - Jewett
5.1.10 Case 149-19 Affidavit of Compliance
Hupp Retail G T B LLC
2347 Gulf-to-Bay Boulevard
Lot Clearing - Kasman
5.1.11 Case 152-19 Affidavit of Compliance
Richard Peel & David Peel
2750 Edenwood St
Lot Clearing - Brown
5.1.12 Case 184-19 Affidavit of Compliance
Centro NP Clearwater Mall LLC
2607 Gulf-to-Bay Boulevard
Business Tax Receipt - Knight
Page 16
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 18, 2020
5.1.13 Case 221-19 Affidavit of Compliance
Zante of Palm Harbor LLC
1808 Drew St
Business Tax Receipt - Knight
5.1.14 Case 222-19 Affidavit of Compliance
Kathy Collins
1373 Campbell Ct
Exterior Surfaces - Touray
5.1.15 Case 226-19 Affidavit of Compliance
2017 1 IH Borrower LP
2692 Beaumont Ct
Housing Code Violations- Espinosa
5.1.16 Case 227-19 Affidavit of Compliance
2017 1 IH Borrower LP
2692 Beaumont Ct
Permits - Espinosa
5.1.17 Case 236-19 Affidavit of Compliance
Nicholas Bay Tenney
1335 Milton St
Permits - Swinton
5.1.18 Case 241-19 Affidavit of Compliance
Etche Baro Investments LLC
1307 Pierce St.
Exterior Surfaces - Fletcher
5.1.19 Case 248-19 Affidavit of Compliance
PV - Drew LLC
1993 Drew St
Business Tax Receipt - Knight
5.1.20 Case 15-20 Affidavit of Compliance
Patrick Panado & Lisa Beauchamp
1552 S Prescott Ave
Hauling Trailer/Residential Grass Parking - Touray
5.1.21 Case 26-20 Affidavit of Compliance
Precision Hotel Mgmt Co
212 S Hillcrest Ave
Exterior Surfaces - Brown
Page 17
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 18, 2020
5.1.22 Case 34-20 Affidavit of Compliance
K & P Clearwater Estate II LLC
229 Coronado Dr
Sign Maintenance - Knight
5.1.23 Case 36-20 Affidavit of Compliance
Sophie Lookretis
29 Avalon St
Sidewalk Signs - Knight
5.1.24 Case 37-20 Affidavit of Compliance
Mary G Realty Inc
490 Mandalay Ave
Business Tax Receipt - Knight
5.1.25 Case 61-20 Affidavit of Compliance
Savoy LLC
924 McMullen-Booth Road
Prohibited Signage - Knight
5.1.26 Case 64-20 Affidavit of Compliance
Arfaras, George N Residual Trust
1446 Gulf-to-Bay Boulevard
Signage without Permits - Knight
5.1.27 Case 66-20 Affidavit of Compliance
Tampa Acquisitions Inc
1285 Cleveland St
Business Tax Receipt - Knight
5.1.28 Case 82-20 Affidavit of Compliance
Khoja Holdings LLC
1454 Gulf-to-Bay Boulevard
Signage without Permits - Knight
Member Farrar moved to accept the Affidavits of Compliance for
Cases 98 16, 132 16, 57 17, 102 17, 35 18, 180 18, 111 19, 114 19,
124 19, 149 19, 152 19, 184 19, 221 19, 222 19, 226-19, 227 19, 236
19, 241 19, 248 19, 15 20, 26 20, 34 20, 36 20, 37 20, 61 20, 64 20,
66 20, and 82 20. The motion was duly seconded and carried
unanimously.
5.2 WITHDRAWN - Cont'd from 3/25/20 & 4/22/20, 6/24/20, & 7/22/20 - Case 184-19 -
Accept the Affidavit(s) of Non-Compliance for respondent(s) Centro NP Clearwater Mall
LLC at 2607 Gulf-to-Bay Boulevard for Business Tax Receipt. (Knight)
Case 184-19 was withdrawn.
Page 18
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 18, 2020
5.3 WITHDRAWN - Cont'd from 3/25/20 & 4/22/20, 6/24/20 & 7/22/20 - Case 241-19 -
Accept the Affidavit(s) of Non-Compliance for respondent(s) Etche Baro Investments LLC
at 1307 Pierce St. for Exterior Surfaces. (Fletcher)
Case 241-19 was withdrawn.
5.4 Cont'd from 3/25/20, 4/22/20, 6/24/20, & 7/22/20 - Case 16-20 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Wells Fargo Bank Tre c/o Ocwen Loan Servicing LLC
at 1001 Pinellas St. for Exterior Surfaces, Abandoned Building, Roof Maintenance, and
Door and Window Openings. (Kasman)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
AND
5.5 Cont'd from 7/22/20 - Case 17-20 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Anastasios Zervas & Dina Zervas at 801 Barber Dr. for Roof Maintenance.
(Odegaard)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Kohut moved to accept the Affidavits of Non-Compliance
for Cases 16-20 and 17-20 and issue orders that state if fines and
fees remain unpaid 3 months after such liens are is filed, the City
is authorized to foreclose, collect or settle such liens. The motion
was duly seconded and carried unanimously.
5.6 Cont'd. from 7/22/20 - Case 18-20 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Gary English & Connie Martino at 3131 Downing St. for Boat Trailer
Storage. (Odegaard)
Property owner Gary English said he had moved the travel trailer, utility
trailer, and boat and had installed a fence around the other boat. He said
the inspector had said he had done a good job.
Inspector Ryan Odegaard provided a PowerPoint presentation of the
October and November 2019 property photos he presented to the MCEB
in January that showed a travel trailer in the driveway and 2 boats on
trailers next to the house. While he recommended 30 days, the MCEB
had afforded the property owner 90 days to comply. The Code permitted
boats to be screened behind legal 6-foot fences; 6-foot fences in front of a
main structure were illegal. A November 16, 2020 photo showed the boat
parked behind an illegal, unpermitted fence and under an accessory
Page 19
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 18, 2020
structure that exceeded the height of the main structure and was anchored
the front of the structure. The property owner had relocated the other
vehicles onto the unincorporated property next door.
Attorney Salzman read the MCEB's Order requiring Mr. English to move
the boat to a side or rear setback, park it on an approved and permitted
surface, and screen it by a 6-foot fence or hedge or remove it from the
property. Permits may be required. Mr. English chose to correct the violation
in a way that did not meet City criteria and created a new violation.
It was stated that Cases 18-20, 93-20, and 94-20 for the same property
should have been presented together.
Attorney Fuino said the City would continue the Affidavit of Non-Compliance
until February 24, 2021 to provide Mr. English sufficient time to correct
the violations.
Mr. English said the City was wrong to cite him for the fence. He said the
inspector had told him to build a fence and said he was in compliance.
Inspector Odegaard said that was not the case.
Case 18-20 was continued automatically to February 24, 2021.
5.7 Cont'd. from 7/22/20 - Case 54-20 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Thessaloniki Canatoas-Engdahl at 1936 N Betty Ln. for Permits.
(Espinosa)
Property owner Rafeal Siero said the pandemic, which began after he
submitted his permit applicationm had caused many delays. He anticipated
his plumber and air-conditioner installer would pull required permits and
meet compliance by February 1, 2021. He said he wanted to finish the
project as soon as possible.
Inspector Nilda Espinosa said Mr. Siero could have corrected all issues
related to his rejected permit application in a timely manner as the City's
permitting office has been open throughout the pandemic. She issued the
Affidavit of Non-Compliance in May following the MCEB imposed deadline of
March 27, 2020.
Discussion ensued with concern expressed that fallout from the
pandemic had affected businesses and how the City and citizens
operated. MCEB members were encouraged to treat businesses with
compassion during these difficult times.
Case 54-20 was continued automatically to February 24, 2021.
Page 20
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 18, 2020
5.8 WITHDRAWN - Case 64-20 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Arfaras, George N Residual Trust, Fajardo, Mary George Arfaras De
Annexy Tre at 1446 Gulf-to-Bay Boulevard for Signage without Permits. (Knight)
Case 64-20 was withdrawn.
5.9 Case 19-20 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Jeffrey
Rothschild at 600 Edenville Ave. for Parking Lot Surfaces. (Odegaard)
Property owner Jeffrey Rothschild reviewed his major health problems,
stating he needed more time to make repairs. He said after his driveway was
torn up, the concrete he purchased for repairs was damaged by water and
wind. He said he had a very low income and had approached the Veterans
Administration, Blue Cross, and social workers for help.
Inspector Ryan Odegaard reviewed his previous PowerPoint presentation.
MCEB had provided Mr. Rothschild 6 months to make repairs.
Attorney Salzman said this Case could be heard at a future meeting but
at some point, the City would want some kind of action.
Case 19-20 was continued automatically to July 28, 2021.
6. Other Board Action
6.1 Cases 68-16, 59-19, & 234-19 - Consider request by petitioner(s) Muhamed Faour at
839 Lantana Ave. & 763 Mandalay Ave. to reduce the fine re Short Term Rentals; and if
approved, issue an order that specifies a fine that includes administration costs and
establishes a date payable or the lien will revert to its original amount. (Phillips)
Property owner Muhamed Faour's wife Jenna Faour said when her
husband tried to sell 763 Mandalay Avenue, they learned the long-time
renter had been subleasing the property on Airbnb and had discarded
all City notices re violations and fines. She said they never would have
allowed the subleases had they been aware of them. She said she and her
husband had stopped short-term rentals at 839 Lantana Avenue when the
City advised them the practice was illegal.
In response to a question, Ms. Faour said her husband's 3 north beach
properties were under contract to sell for$839,000, $595,000, and
$450,000.
Attorney Salzman reported current fines for Mr. Faour's properties totaled
$54,000. Attorney Fuino said sale profits were sufficient to cover the
fines and would not delay the closings. The City opposed a fine reduction.
Page 21
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes
November 18, 2020
Inspector Julie Phillips reviewed the multiple violations at Mr. Faour's
properties for repeat illegal short-term rentals between 2014 and 2020.
Neighbors were upset they had to tolerate years of noise and disruptions
associated with the illegal use of the properties; the Police Department had
responded to numerous calls. The City sent notices to the contact addresses
Muhamed Faour had filed with the Property Appraiser's Office; property
owners were responsible for filing correct contact information.
Discussion ensued with comments that neighbors had appeared before
the MCEB to complain about Mr. Faour's properties, property owners
were responsible for activities on their properties, daily illegal short-term
rental income often exceeded maximum daily fines, staff had invested
significant energy and resources addressing violations at these properties,
and the properties had negatively impacted neighbor's quality of life.
Attorney Salzman said some notices had been sent to Muhamed Faour in
Shelbyville, TN and to the attorney that represented him at one hearing.
Member Kohut moved to deny the request. The motion was duly
seconded and carried unanimously.
7. Nuisance Abatement Lien Filings: None
8. Adjourn
Attest:
The meeting adjourned at 4:50 p.m.
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Page 22
City of Clearwater