06/24/2020 Municipal Code Enforcement Board Meeting Minutes June 24, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Wednesday, June 24, 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 June 24, 2020
Roll Call
Present 6 - Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member
Robert Prast, Board Member Sheila Cole, Board Member Michael
Mannino, and Board Member Kerry Fuller
Absent 1 - Board Member C. Daniel Engel
Also Present - Ben James - Attorney for the Board, Michael Fuino - Assistant City
Attorney, Nicole Sprague - Secretary to the Board, Patricia O. Sullivan -
Board Reporter
1. Call To Order
The Chair called the meeting to order at 1:30 p.m. at the Main Library,
followed by the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
The Chair outlined procedures and stated any aggrieved party may appeal a final administrative
order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty
days of the execution of the order. Florida Statute 286.0105 requires any party appealing a
decision of this Board to have a record of the proceedings.
2. Approval of Minutes
2.1 Approve the meeting minutes of the February 26, 2020 Municipal Code Enforcement
Board as submitted in written summation.
Member Mannino moved to approve minutes of the February 26, 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
Property owner Emmanuel Makryllos said he was actively seeking solutions
for his damaged house at 1536 Palmetto Street (Case 161-18). He
submitted a May 14, 2020 Florida Department of Economic Opportunity
letter confirming he had completed his application for assistance and was
moving into the eligibility review process for the Rebuild Florida program.
4. New Business Items
4.1 WITHDRAWN - Cont'd from 9/25/19 through 4/22/20 - Case 194-19 - Find respondent(s)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Case 194-19 was withdrawn.
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
4.2 Cont'd from 12/18/19, 3/25/20, & 4/22/20, Cont. to 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)
Case 240-19 was continued to July 22, 2020.
4.3 Cont'd from 2/26/20 - Case 45-20 - Status report for 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, said two-thirds of the
building will be razed, the demolition permit was in progress. He said
asbestos abatement would begin tomorrow.
It was stated Mr. Cassano should show appreciation for the City's
$500,000 redevelopment grant by immediately removing junk vehicles
from the site and cleaning up the prominently located property.
Mr. Cassano said he had donated use of the building to a Haitian
relief group for temporary storage, all items must be removed before
asbestos abatement begins. He said he would not receive grant money until
the project is completed.
Inspector Daniel Kasman provided a PowerPoint presentation. On February
26, 2020 the MCEB (Municipal Code Enforcement Board) found the
respondent in violation of Code for exterior surfaces, door and window
openings, and abandoned building and scheduled today's Status Report
Hearing. June 8, 16, and 22, 2020 photographs of the subject property
showed unregistered vehicles, exterior storage, and uncorrected violations.
A Notice of Violation was issued on June 22, 2020 for exterior storage and
unregistered vehicles. The City needed additional information before issuing
the demolition permit.
Mr. Cassano said building utilities were active, all storage would be removed,
unregistered vehicles would be towed, and the site would be cleaned.
4.4 Cont'd from 3/25/20 & 4/22/20 - Case 57-20 - Find respondent(s) Joshua Lagree and
Lisa D Garcia at 1793 N Ft. Harrison Ave in REPEAT violation of Code for Short Term
Rental; and issue an order that a daily fine be imposed for each day the repeat
violation(s) existed. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips provided a PowerPoint presentation on the repeat
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
violation for illegal short-term rental. On July 24, 2019, the MCEB heard
Case 102-19 and issued an order finding owners Joshua Lagree and Lisa
Garcia in violation for the illegal short-term rental of the subject property and
ordered compliance by August 1, 2019, the property owners complied.
Inspector Phillips presented screenshots of vacation rental website
advertisements and property photographs as Prima Facie evidence for
1793 N. Ft. Harrison Avenue: 1) February 3, 2020 - VRBO— 1 night
minimum, rate quote for 3 night rental, 2) February 4, 2020- VRBO -
1 night minimum, rate quote for 3 night rental, calendar with short-term
rental availability, 3) February 4, 2020—Airbnb — 1 night minimum, rate
quote for 2 night rental, calendar with short-term rental availability, reviews
by 4 separate January renters, property photographs, 4) February 6, 2020—
VRBO— 1 night minimum; 5) February 6, 2020 -Airbnb - rate quote for 4
night rental, owner identified as Josh from Truckee, CA, 6) February 7, 2020
- VRBO— 1 night minimum, rate quote for 3 night rental, 7) February 10,
2020— VRBO - 1 night minimum, rate quote for 3 night rental, calendar
with short-term rental availability, 8) February 11, 2020— VRBO— 1 night
minimum, rate quote for 3 night rental, calendar with short-term rental
availability, 9) February 14, 2020— VRBO— 1 night minimum, rate quote for
2 night rental, calendar with short-term rental availability, 10) February 19,
2020— VRBO— 1 night minimum, rate quote for 3 night rental, calendar
with short-term rental availability, 11) February 20, 2020— VRBO— 1 night
minimum, rate quote for 7 night rental, calendar with short-term rental
availability, 12) February 21, 2020 - VRBO - 1 night minimum, rate quote for
3 night rental, 13) February 24, 2020— TripAdvisor— 1 night minimum, rate
quote for 2 night rental, calendar with short-term rental availability, and 14)
March 10, 2020—property owner 's email showed "Confirm deactivation,"
"Error— there was an error processing your request," and "Confirm
deactivation" with a note stating the Airbnb advertisement had remained
online after he tried to deactivate it.
Inspector Phillips recommended a $500 per day fine be imposed for 22
days from February 3 through February 24, 2020 when the repeat violation
for an illegal short-term rental existed for a total of$11,000. She did not
know the status of future reservations.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Carothers moved to find the Respondents in violation of
the City of Clearwater Code as referred to in the affidavit in this
case and have committed a repeat violation and moved to enter
an order that a fine of $500 per day per violation be imposed for
the 22 days the repeat violations existed for a total fine of $11,000
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
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
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.
The MCEB recessed from 2:08 to 2:12 p.m.
4.5 WITHDRAWN - Case 58-20 - Find respondent(s) 3 JJJ's at 1473 Drew St. in violation of
Code for Roof Maintenance; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
Case 58-20 was withdrawn.
4.6 Cont'd from 3/25/20 & 4/22/20 - Case 59-20 - Find respondent(s) Mai Property LLC,
Khadija Surani at 1327 N Highland Ave in violation of Code for Window Signs; and issue
an order with the compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member 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.
4.7 WITHDRAWN - Case 60-20 - Find respondent(s) Tahitian Investments Inc. at 19995 US
Highway 19 in violation of Code for Sign Maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 60-20 was withdrawn.
4.8 Cont'd from 3/25/20 & 4/22/20 - Case 61-20 - Find respondent(s) Savoy LLC at 924
McMullen-Booth Road in violation of Code for Prohibited Signage; and issue an order with
the compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
Member Mannino moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
Inspector Daniel Knight recommended compliance by July 5, 2020 or a
$150 per day fine be imposed for the prohibited signage violation. He
presented photographs of illegal feather signs at the subject property on
October 5, 2019, February 3, May 15, June 9 and 15, 2020.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before July 5, 2020. If the Respondent
does not comply within the time specified, the Board may order a fine
of $150 per day for each day the violation continues to exist. If fines
and fees remain unpaid 3 months after such lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion was duly
seconded and carried unanimously.
4.9 Cont'd from 3/25/20 & 4/22/20 - Case 62-20 - Find respondent(s) Osceola Properties Inc
at 714 N. Ft. Harrison Ave. in violation of Code for Prohibited Signage; and issue an
order with the compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.10Cont'd from 3/25/20 & 4/22/20 - Case 63-20 - Find respondent(s) Eleftherios and Maria
Passaris at 1484 Gulf-to-Bay Boulevard 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)
Property owner Eleftherios Passaris was present.
Inspector Daniel Knight said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
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 Cont'd from 3/25/20 & 4/22/20 - Case 64-20 - Find respondent(s) Afaras, George N
Residual Trust, Fajardo, Mary George Arfaras De Annexy Tre at 1446 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 said compliance had been met for the Business
Tax Receipt Required violation and requested a declaration of violation.
The Signage without Permits violation was not corrected.
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 the Business Tax Receipt violation, the violation was corrected prior
to today's hearing, and to enter an order that no fine be imposed against
the Respondent. If the Respondent repeats the violation, the Board may
order a fine of up to $500 for each day the violation continues to exist.
The motion was duly seconded and carried unanimously.
Member Mannino moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case for
Signage without Permits. The motion was duly seconded and carried
unanimously.
Inspector Daniel Knight recommended compliance by July 24, 2020 or a
$100 per day fine be imposed for the signage without permits violation. He
spoke with the business and property owners, one business'signage
remained out of compliance.
Attorney Fuino submitted composite exhibits.
Member Mannino moved to enter an order requiring the
Respondent to correct the violation for Signage without Permits
on or before July 24, 2020. If the Respondent does not comply
within the time 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.
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
4.12Cont'd from 3/25/20 & 4/22/20 - Case 65-20 - Find respondent(s) Dimitrios and Alix
Kanaris at 1421 Gulf to Bay Blvd. in violation of Code for Temporary Signs; and issue an
order with the compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
Inspector Daniel Knight said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The
motion was duly seconded and carried unanimously.
4.13Cont'd from 3/25/20 & 4/22/20 - Case 66-20 - Find respondent(s) Tampa Acquisitions
Inc at 1285 Cleveland St. 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)
Property owner Mahmud Chowdhury said he had paid the Business Tax
Receipt fee but was awaiting approval of his application.
Inspector Daniel Knight said compliance had been met for the Signage
without Permits violation and requested a declaration of violation. The
Business Tax Receipt Required violation was not corrected.
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 the Signage without Permits violation, the violation was corrected
prior to today's hearing, and to enter an order that no fine be imposed
against the Respondent. If the Respondent repeats the violation, the
Board may order a fine of up to $500 for each day the violation continues
to exist. The motion was duly seconded and carried unanimously.
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case for the
Business Tax Receipt Required violation. The motion was duly
seconded and carried unanimously.
Inspector Knight recommended compliance by July 24, 2020 or a $150 per
day fine be imposed for the Business Tax Receipt violation. Mr. Chowdhury
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had obtained required State licenses. In response to a question, he said
City approval of the Business Tax Receipt would take less than 2 months.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before August 24, 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.
4.14WITHDRAWN - Case 67-20 - Find respondent(s) Gilbert G Jannelli at 1343 Cleveland St.
in violation of Code for Delinquent Business Tax Receipt; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 67-20 was withdrawn.
4.15Cont'd from 3/25/20 & 4/22/20 - Case 68-20 - Find respondent(s) Gilbert G Jannelli at
1411 Gulf-to-Bay Boulevard in REPEAT violation of Code for Abandoned Building,
Fences, Roof Maintenance, and Exterior Surfaces; and issue an order that a daily fine be
imposed for each day the repeat violation(s) existed. (Kasman)
Attorney Brian Aungst, representing property owner Gilbert Jannelli, said
the property was in compliance. He did not deny the violations occurred.
Inspector Daniel Kasman provided a PowerPoint presentation on the repeat
violations: 1) Abandoned Building; 2) Fences; 3) Roof Maintenance; and 4)
Exterior Surfaces.
On April 27, 2016, the MCEB heard Case 29-16 and issued an order
finding property owner Gilbert Jannelli in violation for exterior surfaces
and roof and fence maintenance violations at 1343 Cleveland Street.
Inspector Vicki Fletcher submitted Affidavits of Compliance on
October 24, 2017, current lien - $324,500.
On November 16, 2016, the MCEB heard Case 128-16 and issued an
order finding property owner Gilbert Jannelli in repeat violation for
abandoned building, exterior surfaces, and roof maintenance violations
at 1871 Douglas Street. The property was brought into compliance prior
to the hearing and the Board ordered a fine of$250 per day per violation
for 77 days (2 repeat violations not referenced), current lien - $96,250.
On January 7, 2020, Inspector Kasman observed the subject property in
poor condition and opened cases for repeat violations shown in January 7,
January 8, January 29, February 3, February 5, February 10, February 13,
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February 19, February 21, February 28, March 4, June 16, June 22, and
June 24, 2020 property photos. A Clearwater utilities screenshot showed the
property's water service was disconnected in 2013, reconnected in
February 2020, and disconnected again last April. A screenshot showed the
City had issued a Business Tax Receipt on February 25, 2020 to Frank Jyt
for retail sales at the subject location. Repair work started in February.
Inspector Kasman recommended a $250 per day per violation fine be imposed
for the repeat fence violation on January 29 and February 3, 2020 (2 days)
and for repeat violations for 1) exterior surfaces, 2) roof maintenance; and 3)
abandoned building on January 29 and February 3, 5, 10, 13, 19 and 28, 2020
(7 days) for a total of$5,750.
In response to Attorney Fuino's questions, Inspector Kasman said he had
considered the gravity of the violations when recommending the same daily
fine imposed for repeat violations at 1871 Douglas Street.
Discussion ensued with comments that Gilbert Jannelli owned many
properties, was attuned to City regulations, knew preventative maintenance
was necessary, and after paying fines, should have been willing to
cooperate with the City by staying in compliance.
Attorney Aungst said Gilbert Jannelli had brought his other properties
into compliance and had not been charged with a repeat violation since
2016. He said Gilbert Jannelli paid the City$100,000 to settle a lien on his
US Highway 19 property.
In response to Attorney Aungst's questions, Inspector Kasman said the
subject property was in good enough condition but had a few shopping carts
onsite. A vagrant lived there in a box before the lot clearing. He did not seek
fines after February when many City services shut down due to Covid-19.
Concerns were expressed that violations were not as egregious as claimed,
residents were unhappy re his repeat violations, doubling the fine would not
compel him to maintain his properties, and the City was dragging its feet on
Downtown Gateway District upgrades. It was noted Gilbert Jannelli began
resolving the violations within 6 days of notification. It was felt it was unfair
that the City did not enforce the same standards on all property owners.
Support was expressed for charging administrative costs with an
understanding that he not allow any future violations on his properties.
Attorney Aungst said Gilbert Jannelli's behavior and attitude had changed,
he responded immediately to the violation notice. He said he had worked
with Gilbert Jannelli since May 2019 to resolve his issues with the City, all
other cases were resolved or withdrawn. He said Gilbert Jannelli wanted to
sell his properties. He said he had submitted a petition to reduce Gilbert
Jannelli's outstanding liens that encumbered titles to all of his Pinellas
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County properties, making them impossible to sell. He said while Gilbert
Jannelli had previous problems, he now was investing in his properties and
more liens would not help him sell them. He requested the Board impose a
fine equal to administrative costs. He said the City had not received
complaints re Gilbert Jannelli's properties since January.
Staff reported they had not calculated administrative costs.
Discussion ensued with comments that compared Gilbert Jannelli's repeat
violations to dripping water, skepticism expressed that his behavior had
changed, and comments that more kindness was needed, the City should
stop kicking him when he was down, and he was working with the City.
Member Prast moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case and has
committed repeat violations. The motion was duly seconded and
carried unanimously.
It was felt the recommended fine was too high and the Board was
encouraged to treat Gilbert Jannelli with compassion and cooperation.
Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order that a fine of$25 per day
per violation be imposed for the 23 days the repeat violations
existed for a total fine of$575 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.
4.16Cont'd from 3/25/20 & 4/22/20 - Case 69-20 - Find respondent(s) Christine Dorcelus at
214 S. Highland Ave. in violation of Code for Residential Grass 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.
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 Daniel Kasman presented photographs of the violation. He
recommended compliance by July 8, 2020 or a fine of$150 per day be
imposed for the Residential Grass Parking violation.
Attorney Fuino submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before July 8, 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.
4.17WITHDRAWN - Case 70-20 - Find respondent(s) Pinellas Lodging LLC at 1636 Turner
St. in violation of Code for Landscaping Required; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
Case 70-20 was withdrawn.
4.18Cont'd from 3/25/20 & 4/22/20 - Case 71-20 - Find respondent(s) James and Danna
Benoist at 705 S Glenwood Ave. in violation of Code for Portable Storage Units; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Property owners James and Danna Benoist were present. Ms. Benoist
admitted to the violation.
Member Mannino moved to find the Respondents in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Kasman provided a PowerPoint presentation. He
noticed the backyard portable storage unit when checking a commercial
vehicle in the driveway. On January 15, 2020, James Benoist told him the
portable storage unit was a storage shed. December 13, 2019, January 15
and 30 and June 17 and 22, 2020 photos showed the portable storage unit
abutting the backyard fence. The City Manager advised the Benoists that a
shed required a permit and encouraged them to contact the Planning &
Development Department. Enforcement was delayed while many City
services shut down due to Covid-19.
Ms. Benoist said they would get a permit.
Planning & Development Director Gina Clayton said portable storage units
could be stored on residential property for a maximum 4 days. Staff could
provide them permit information for a storage structure that met Code.
Inspector Kasman recommended compliance by July 24, 2020 or a $150 per
day fine be imposed for the Portable Storage Unit violation.
Support was expressed for extending the compliance deadline due to Covid-19.
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Attorney Fuino submitted composite exhibits.
Member Prast moved to enter an order requiring the Respondent to
correct the violation on or before September 24, 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.
4.19WITHDRAWN - Case 72-20 - Find respondent(s) S W A Y 2014-1 Borrower LLC at 2460
Nash St. 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 72-20 was withdrawn.
4.20Cont'd from 3/25/20 & 4/22/20 - Case 77-20 - Find respondent(s) Heritage Land
Development at 692 Bayway Blvd. 201 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 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.
4.21Cont'd from 3/25/20 & 4/22/20 - Case 78-20 - Find respondent(s) Hillman Holdings LLC
at 692 Bayway Blvd. 202 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.
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
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.
4.22Cont'd from 3/25/20 & 4/22/20, Cont. to 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)
Case 79-20 was continued to July 22, 2020.
4.23Cont'd from 3/25/20 & 4/22/20 - Case 80-20 - Find respondent(s) Austamerica LLC at
692 Bayway Blvd. 402 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 for the 1)
Residential Rental Business Tax Receipt and 2) Short Term Rental
violations and requested a declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this case,
the violations were corrected prior to today's hearing, and to enter an
order that no fine be imposed against the Respondent. If the
Respondent repeats the violations, the Board may order a fine of up to
$500 for each day each violation continues to exist. The motion was
duly seconded and carried unanimously.
4.24Cont'd from 3/25/20 & 4/22/20, Cont. to 7/22/20 - Case 81-20 - Find respondent(s) East
Gateway Holdings LLC at 1390 Gulf-to-Bay Boulevard, 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)
Case 81-20 was continued to July 22, 2020.
4.25Cont'd from 3/25/20 & 4/22/20 - Case 82-20 - Find respondent(s) Khoja Holdings LLC at
1454 Gulf-to-Bay Boulevard in violation of Code for Signage without Permits; and issue an
order with the compliance deadline and fine if compliance is not met. (Knight)
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
No one was present to represent the Respondent.
Inspector Daniel Knight said he had been unable to verify the property
owner's claim that the property would be in compliance by today.
Member Mannino moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Knight recommended compliance by July 24, 2020 or a
$100 per day fine be imposed for the Signage without Permits violation. He
presented a June 15, 2020 photo showing one business'signage out of
compliance.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order requiring the Respondent
to correct the violation on or before July 24, 2020. If the Respondent
does not comply within the time 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.
4.26Cont'd from 3/25/20 & 4/22/20 - Case 83-20 - Find respondent(s) Wlodzimierz Szlechta
and Ewa Kunowska at 333 Coronado 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.
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.
4.27WITHDRAWN - Case 84-20 - Find respondent(s) Jerald and Elizabeth Westerfield at 109
S Jupiter 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)
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
Case 84-20 was withdrawn.
4.28WITHDRAWN - Case 85-20 - Find respondent(s) Fisherman's Wharf of Clearwater Inc at
551 Gulf Blvd. in violation of Code for Exterior Surfaces, Door and Window Openings,
and Roof Maintenance; and issue an order with the compliance deadline and fine if
compliance is not met. (Dixon)
Case 85-20 was withdrawn.
4.29Cont'd from 3/25/20 & 4/22/20, Cont. to 7/22/20 - Case 86-20 - Find respondent(s) Alan
Rophie and Ralph Rophie at 2420 Gulf-to-Bay Boulevard 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 continued to July 22, 2020.
4.30Cont'd from 3/25/20 & 4/22/20 - 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 continued to July 22, 2020.
4.31Cont'd from 3/25/20 & 4/22/20, Cont. to 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)
Case 88-20 was continued to July 22, 2020.
4.32Cont'd from 3/25/20 & 4/22/20, Cont. to 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 continued to August 26, 2020.
4.33Cont'd from 3/25/20 & 4/22/20, Cont. to 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)
Case 90-20 was continued to July 22, 2020.
4.34Cont'd from 3/25/20 & 4/22/20, Cont. to 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)
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
Case 91-20 was continued to July 22, 2020.
4.35WITHDRAWN - Case 92-20 - Find respondent(s) Robert & Hallie Thomas at 1134
Stevenson Ave. in violation of Code for Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Swinton)
Case 92-20 was withdrawn.
4.36Cont'd from 3/25/20 & 4/22/20, Cont. to 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)
Case 93-20 was continued to July 22, 2020.
4.37Cont'd from 3/25/20 & 4/22/20, Cont. to 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)
Case 94-20 was continued to July 22, 2020.
4.38Cont'd from 3/25/20 & 4/22/20, Cont. 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 continued to August 26, 2020.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed:
5.1.1 Case 226-19 Affidavit of Compliance
2017 1 IH Borrower LP
2692 Beaumont Ct.
Housing Code Violation - Espinosa
5.1.2 Case 227-19 Affidavit of Compliance
2017 1 IH Borrower LP
2692 Beaumont Ct.
Permits - Espinosa
5.1.3 Case 70-19 Affidavit of Compliance
Street Dreams Irrevocable Trust
603 Cedar St.
Permits - Espinosa
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
5.1.4 Case 143-19 Affidavit of Compliance
Koegler, Jean A Est.
135 Brightwater Dr.
Abandoned Building - Dixon
5.1.5 Case 164-19 Affidavit of Compliance
Ruth Ceraolo
1100 S Myrtle Ave.
Lot Clearing, Abandoned Building, Roof Maintenance, Exterior Surfaces - Dixon
5.1.6 Case 173-19 (PNU2019-00858) Affidavit of Compliance
Peter Longman
956 Bay Esplanade
Lot Clearing - Dixon
5.1.7 Case 228-19 Affidavit of Compliance
Koegler, Jean A Est.
135 Brightwater Dr.
Unsafe Building - Cantrell
5.1.8 Case 243-19 Affidavit of Compliance
C & K of Safety Harbor LLC
2862 Gulf-to-Bay Boulevard C
Development Code Violation (Night Club) - Knight
5.1.9 Case 247-19 Affidavit of Compliance
Daniello Chiavatti & Michael Chiavatti
604 Mandalay Ave.
Sign Maintenance - Knight
5.1.10 Case 248-19 Affidavit of Compliance
PV -Drew LLC
1993 Drew St.
Sign Maintenance - Knight
5.1.11 Case 04-20 Affidavit of Compliance
Mamone Enterprise LLC
701 N Ft. Harrison Ave.
Sign Maintenance - Knight
Member Prast moved to accept the Affidavits of Compliance for
Cases 226-19, 227-19, 70-19, 143-19, 164-19, 173-19 (PNU2019-00858),
228-19, 243-19, 247-19, 248-19 and 04-20. The motion was duly
seconded and carried unanimously.
5.2 WITHDRAWN - Cont'd from 10/23/19, 11/20/19, 3/25/20, & 4/22/20 - Case 114-19 -
Accept the Affidavit(s) of Non-Compliance for respondent(s) James Huelster, Lynne
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
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 withdrawn.
5.3 Cont'd from 3/25/20 & 4/22/20, Cont. to 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 Blvd. for Business Tax Receipt. (Knight)
Case 184-19 was continued to July 22, 2020
5.4 WITHDRAWN - Cont'd from 3/25/20 & 4/22/20 - Case 226-19 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) 2017 1 H Borrower LP at 2692 Beaumont Ct for
Permits. (Espinosa)
Case 226-19 was withdrawn.
5.5 WITHDRAWN - Cont'd from 3/25/20 & 4/22/20 - Case 236-19 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Nicholas Bay Tenney at 1335 Milton St. for Permits.
(Swinton)
Case 236-19 was withdrawn.
5.6 Cont'd from 3/25/20 & 4/22/20 - 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)
Inspector Vicki Fletcher said the property was in compliance when she
drove past it this morning but was out of compliance with homeless persons
onsite in May, the Board ordered a January 18, 2020 compliance date. It
was difficult to communicate with the property owner who lived in France.
John Pereira, representing the property owner, said he managed the
property which had undergone renovations for several months.
Attorney Fuino requested the board continue the Case to next month.
Member Prast moved to continue Case 241-19 to July 22, 2020. The
motion was duly seconded and carried unanimously.
5.7 WITHDRAWN - Case 247-19 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Daniello Chiavatti and Michael Chiavatti at 604 Mandalay Ave. for Sign
Maintenance. (Knight)
Case 247-19 was withdrawn.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 24, 2020
5.8 Cont'd from 3/25/20 & 4/22/20 - Case 03-20 -Accept the Affidavit(s) of Non-Compliance
for respondent(s) Mousumi Khatoon at 1407 N Betty Ln. for Exterior Surfaces and Door
and Window Openings. (Jewett)
Property owner Russell Macin said the window was fixed, exterior surfaces
were being painted, and all work soon would be done. He said he had twin
babies at home and could not work on the property from March until May
due to Covid-19. He said first floor retail spaces were not rented during the
pandemic. He said he could not make people work on his property when
they were sick.
Inspector Eric Jewett provided a PowerPoint presentation that included
October 10 and December 3, 2019 and June 11 and 22, 2020 photos of
the violations. The Board had ordered compliance by February 22, 2020.
Some work toward compliance had occurred but the violations still existed.
Concern was expressed that repairs were not completed even though the
property was cited 9 months ago. It was stated the pandemic should not
have affected the ability to paint exterior surfaces.
Member Prast moved to accept the Affidavits 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.
5.9 Cont'd from 3/25/20 & 4/22/20, Cont. to 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)
Case 16-20 was continued to July 22, 2020.
5.10Cont'd from 3/25/20 & 4/22/20 -Case 25-20 -Accept the Affidavit(s) of Non-Compliance
for respondent(s) Mousumi Khatoon at 1407 N Betty Ln. for Unsafe Building. (Cantrell)
Property owner Russell Macin said the electric was repaired, the electrician
would repair all minor outlet issues this week.
Inspector Jason Cantrell said the building was not in compliance.
Unresolved structural problems and interior safety issues put people at
risk. Violations included rotting wood rafters, improperly connected
mechanicals, air-conditioning vents and ducts, rotting wood on the roof
where tenants walked, and an unsafe railing that required a permit to repair.
He was in communication with Mr. Macin almost daily.
Mr. Macin said electrical work was almost completed. He thought there
would be no fine once work was finished. He said he had suffered huge
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 24, 2020
financial losses by not renting out the first floor. He said he had spoken to
the City many times and was following City direction.
Discussion ensued re property owner responsibilities and concerns
that someone could get hurt on the property.
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.
5.11 Case 55-20 - Deny the Motion for Stay of Proceedings Upon Appellant Review and
accept the Affidavit(s) of Non-Compliance for respondent(s) Zahid Roy at 933 Laura St.
for Permits. (Espinosa)
Attorney Fuino requested the Board accept the Affidavit of Non-Compliance.
Respondent Zahid Roy's appeal of the Board's order to Circuit Court did not
prevent the MCEB from executing its compliance order. Mr. Roy had filed a
motion with the MCEB to stay proceedings under Appellant review. If the
Board agreed, nothing would happen until the Circuit Court made a decision.
In response to a question, Attorney Fuino said Mr. Roy had not allowed City
inspectors inside his building to determine if any interior work required
permits. Mr. Roy's court filing was flawed. The City Manager and Assistant
City Manager Micah Maxwell clarified permit requirements during their
meeting with Mr. Roy and his son.
Attorney for the Board Ben James said the Board needed to consider the
likelihood of success for Mr. Roy's appeal based on its merits and likelihood
of potential harm to Mr. Roy if the Board denied the Stay. Assistant Building
Official Dana Root said permit costs were based on a project's value,
estimating permits for a $7,000 project would cost between $125 and $225.
Discomfort was expressed with the Board rendering a legal opinion on the
motion to stay. It was noted according to Mr. Roy's interpretation of the
Code, his installation of outdoor siding did not require a permit. It was
recommended the Board await the Court's decision
Benjamin Roy, representing his father Zahid Roy, said his father's
interpretation of the Code proved he was within his rights to maintain his
property. He expressed concern his father could suffer irreconcilable harm if
the Board approved a lien as the City could try to foreclose on his father's
property before the Court decision. He said acceptance of the motion to
stay would not harm the City. He said the appeal, based on violation of his
father's Constitutional civil liberties, likely would succeed, a hearing date had
not been scheduled.
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Municipal Code Enforcement Board Meeting Minutes June 24, 2020
Concerns were expressed re Zahid Roy's bad attitude during his half dozen
appearances before the Board, his comments berating the City, his past
disputes with Code Enforcement re violations at his other properties, his
unwillingness to follow City guidelines, and his misinterpretation of the Code.
It was stated the Board treated all respondents fairly, including Mr. Roy. It
was suggested a fine not be imposed until the Court's decision.
Attorney Fuino said the respondent had not shown that denial of the stay
would cause irreparable harm. At this time no fine was imposed, nothing
had happened to Mr. Roy, and he had suffered no harm.
Member Carothers moved to deny the motion for stay of proceedings
upon appellant review. The motion was duly seconded. Members
Carothers, Prast, Fuller and Chair Johnson voted "Aye"; Members
Mannino and Cole voted "Nay." Motion carried.
Attorney Fuino suggested the Board accept the Affidavit of Non-Compliance
which called for a $150 per day fine and stay the fines pending the Court's
decision. If the Court affirms the MCEB decision, fines would be retroactive
to the March 27, 2020 compliance date.
Member Prast moved to accept the Affidavit of Non-Compliance and
issue an order that states the fine was stayed pending disposition of
Pinellas County Circuit Court Case 20-12-AP and fines will be
retroactive to March 27, 2020 if the Respondent loses the decision, and
if fines and fees remain unpaid 3 months after a lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion was duly
seconded and carried unanimously.
6. Other Board Action
6.1 Case 136-19 - Consider request by petitioner(s) Stars Cleaners of Tampa Bay Inc. at
19080 US Highway 19 N to reduce the fine re Exterior Surfaces; 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. (Knight)
Inspector Daniel Knight said the property was in compliance. The City
supported a fine reduction. Secretary to the Board Nicole Sprague
reported the fine totaled $16,350; administrative costs were $1,587.20.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order reducing the fine for
Case 136-19 to administration costs of $1,587.20 payable within
30 days or the lien will revert to its original amount. The motion
was duly seconded and carried unanimously.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 24, 2020
7. Nuisance Abatement Lien Filings
7.1 Case 96-20 (PNU2020-00608) -Accept the Nuisance Abatement Lien for respondent(s)
The Estate and Unknown Heirs of Carole E. Martin at 209 S Jupiter Ave. for Lot Clearing;
and issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Dixon)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
See below for motion of approval.
7.2 Case 98-20 (PNU2020-00502) -Accept the Nuisance Abatement Lien for respondent(s)
Chihkai & Mily Tang at 0 Nursery Rd. for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation 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.
7.3 Case 99-20 (PNU2020-00562) -Accept the Nuisance Abatement Lien for respondent(s)
2025 Rogers LLC at 2025 Rogers St. for Log Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Kasman)
No one was present to represent the Respondent.
Attorney Fuino submitted composite exhibits.
Member Carothers moved to enter an order finding the Respondents
for Cases 96 20 (PNU2020 00608) and 99-20 (PNU2020 00562) were in
violation of the City of Clearwater Code and requiring the Respondents
to correct the violations within five days of the Board's written order. If
Respondents do not comply within the time specified, the City may
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Municipal Code Enforcement Board Meeting Minutes
8. Adjourn
Attest:
C
Secre ary to the Boar
June 24, 2020
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 5:05 p.m.
City of Clearwater
Page 24
ir, Municipal ode EnfoiT'ement Board