02/14/2021 Municipal Code Enforcement Board Meeting Minutes February 24, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, February 24, 2021
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 24, 2021
Roll Call
Present 7 - Board Member Nicole Bray, Board Member
David Farrar, Chair Michael Mannino, Board Member Greg Brown,
Board Member Peter Kohut, and Board Member Lina Teixeira
Absent1 - Vice Chair Kerry Fuller
Also Present - Andy Salzman —Attorney for the Board, Matt Smith — Senior Assistant
City Attorney, Nicole Sprague — Secretary to the Board
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
Member Farrar moved to approve minutes of the January 27, 2021
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4.1 WITHDRAWN - Continued from January 27, 2021 - Case 01-21 - Find respondent(s)
Harriet Carratt, Tre, Kaliope Saroodis, Tre, c/o Peter Carratt at 411 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Case 01-21 was withdrawn.
4.2 Continue to April 28, 2021, Continued from January 27, 2021 - Case 05-21 - Find
respondent(s) Antonio De La Cruz, Greg De La Cruz, and Nori-Ann De La Cruz at 900 S
Highland Ave. in violation of Code for Permitted Uses; and issue an order with the
compliance deadline and fine if compliance is not met. (Knight)
Case 05-21 was continued to April 28, 2021.
4.3 Continued from January 27, 2021 - Case 07-21 - Find respondent(s) Clearwater Chestnut
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Municipal Code Enforcement Board Meeting Minutes February 24, 2021
Associates LLC at 818 Chestnut St. in violation of Code for Signage without Permits; and issue
an order with the compliance deadline and fine if compliance is not met. (Knight)
No one was present to represent the Respondent.
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. The
motion was duly seconded and carried unanimously.
Inspector Daniel Knight recommended compliance by March 27, 2021 or
a fine of$150 per day be imposed for the signage erected without permits
violation. He showed 2009, 2014 and 2017 Google photos of the sign that
was permitted in 1992. A 2019 Google photo showed a larger sign. August
and December 2020 and January and February 2021 photos showed a large
sign, mounted on a larger piece of deteriorating plywood, affixed to the
smaller permitted sign. The modified sign was much larger than allowed by
Code.
Inspector Knight said he had explained the Sign Code to the property/
business owner who said he should be able to keep the sign as is.
Assistant City Attorney Matt Smith submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before March 27, 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.
4.4 Continue to April 28, 2021 - Case 16-21 - Find respondent(s) Navnit & Anita Kundra at
3013 Oakmont Dr. in violation of Code for Exterior Surfaces; and issue an order with the
compliance deadline and fine if compliance is not met. (Brown)
Case 16-21 was continued to April 28, 2021.
4.5 Case 17-21 - Find respondent(s) Huang Family Properties Inc at 2456 Gulf to Bay Blvd.
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 Smith submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes February 24, 2021
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Municipal Code Enforcement Board Meeting Minutes February 24, 2021
Member Bray 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.
4.6 Case 18-21 - Find respondent(s) Alba Ponce De Leon at 1661 Laura St. in violation of
Code for Short Term Rental; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Smith submitted composite exhibits.
Member Bray moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
4.7 Case 19-21 - Find respondent(s) Curtis & Sandra Jenney at 1880 N Washington Ave. in
violation of Code for Short Term Rentals; 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 Smith submitted composite exhibits.
Member Bray moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
case, the violation was corrected prior to today's hearing, and to
enter an order that no fine be imposed against the Respondent. If
the Respondent repeats the violation, the Board may order a fine
of up to $500 for each day the violation continues to exist. The motion
was duly seconded and carried unanimously.
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Municipal Code Enforcement Board Meeting Minutes February 24, 2021
4.8 Case 20-21 - Find respondent(s) Brendan Ryan-Buchanan at 4302 Brigadoon Cir. 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 Smith 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.
4.9 Case 21-21 - Find respondent(s) Frederick Bachmann at 1425 Gulf to Bay Blvd. in
violation of Code for Roof Maintenance; and issue an order with the compliance deadline
and fine if compliance is not met. (Kasman)
Property owner Frederick Bachmann admitted to the violation.
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. The
motion was duly seconded and carried unanimously.
Inspector Daniel Kasman showed property photos:
1) July, October, November, and December 2020 of main building's
damaged roof and deteriorated shingles,-
2)
hingles,2) December 2020 of shed's deteriorating roof,
3) January and February 2021 of buckets and plastic on main building's roof
where a sealant had been applied to the shingles, and
4) February 2021 of no change to the shed's deteriorating roof.
No permits for roof repairs had been issued. The building was not occupied.
Mr. Bachmann had said several times that the roof would be repaired.
Mr. Bachmann said he did not know a permit was required. He said the
property had active utilities. He planned to bring the property into
compliance. He said he already was in litigation with the City and had
had many conversations with Code Enforcement Manager Ken Pieslak.
Attorney Smith said that litigation was associated with a separate Code
violation. To resolve this case, Mr. Bachmann needed to negotiate with
Assistant City Attorney Mike Fuino or he could address the City Council.
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Municipal Code Enforcement Board Meeting Minutes February 24, 2021
Mr. Bachmann said he had owned the property for 20 years and operated
a land survey business there. He said he could not afford repairs and
could not sell the property for a fair price.
Inspector Kasman recommended compliance by March 24, 2021 or a
fine of$150 per day be imposed for the roof maintenance violation on all
property structures. In response to a question, he suggested an April 24,
2021 compliance date would provide Mr. Bachmann sufficient time to hire
a contractor who would obtain necessary permits.
Attorney Smith submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent to
correct the violation on or before April 24, 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.
4.10Case 22-21 - Find respondent(s) Sixteen Red LLC at 610 S Betty Ln. in violation of Code
for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
No one was present to represent the Respondent.
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. The
motion was duly seconded and carried unanimously.
Inspector Daniel Kasman showed September, October, November, and
December 2020 and January and February 2021 property photos of algae,
mildew, missing stucco, cracked and peeling paint, and damaged soffit and
roof on the building's exterior surfaces. The property owner had expressed
an unwillingness to make repairs in a timely manner. Inspector Kasman
recommended compliance by March 24, 2021 or a fine of$150 per day be
imposed for the exterior surfaces violation.
Attorney Smith submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent
to correct the violation on or before March 24, 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
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seconded and carried unanimously.
4.11 Case 23-21 - Find respondent(s) Sixteen Red LLC at 616 S Betty Ln. in violation of Code
for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
No one was present to represent the Respondent.
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 said 616 S Betty Lane and 610 S Betty Lane
(Case 22-21) were adjoining properties with sister structures owned by the
same person. He presented property photos that showed the same exterior
surface violations on both structures. Another Code Inspector previously had
issued a Notice of Violation for safety violations at 616 S. Betty Lane related
to missing balcony guardrails and screens. A permit application for those
repairs had been submitted. Inspector Kasman recommended compliance
by March 24, 2021 or a fine of$150 per day be imposed for the exterior
surfaces violation.
Attorney Smith submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before March 24, 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.
4.12Case 36-21 - Find respondent(s) Giordano Advisors Inc at 909 Beckett St. 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 Bray moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell provided a PowerPoint presentation of the
unsafe violations at 909 Beckett Street. Property photos showed a
neighbor's tree had fallen on the rear of the duplex, causing significant
damage to the building's roof trusses, rafters, and roof system. The current
tenant reported the roof leaked when it rained but no other damage to the
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inside of the unit. Two other tenants had rented the unit since the tree fell.
The unit was rented through HUD (Housing & Urban Development)
Department, tenants could view a photo of the unit but could not inspect
it before they signed a lease and paid a deposit.
Discussion ensued with concerns expressed that the property owner's
actions seemed criminal, tenants were stuck in an unsafe structure, and
the City should follow a procedure to report unsafe units to HUD.
Inspector Cantrell recommended compliance by March 24, 2021 or a
fine of$250 per day be imposed for the unsafe structure with life and
safety violations and authorization for the City to take corrective action.
Attorney Smith submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent to
correct the violations on or before March 24, 2021. If the Respondent
does not comply by that date, the Board may order a fine of $250 per
day for each day the violation continues to exist and the City may take
all reasonable actions, including entering the property, to bring the
property into compliance and charge the Respondent with all costs,
which will become a lien on the property. If costs, fines, and fees
remain unpaid 3 months after such lien is filed, the City is authorized to
foreclose, collect or settle such lien. The motion was duly seconded
and carried unanimously.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 23-14
Joshua Meller
1803 Springtime Ave.
Exterior Surfaces - Jewett
5.1.2 Case 75-19
Anthony Dorner
511 Orangeview Ave.
Fences - Jewett
5.1.3 Case 142-18
Kantar Investment Group Corp
1209 N Ft. Harrison Ave.
Abandoned Building - Phillips
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Municipal Code Enforcement Board Meeting Minutes February 24, 2021
5.1.4 Case 134-19
Silas Keiper
1316 Young Ave.
Housing Code Violations - Cantrell
5.1.5 Case 18-20
Gary English & Connie Martino
3131 Downing St.
Boat Parking - Odegaard
5.1.6 Case 93-20
Gary English & Connie Martino
3131 Downing St.
Permits (Accessory Structure)- Cantrell
5.1.7 Case 94-20
Gary English & Connie Martino
3131 Downing St.
Permits (Fence) - Cantrell
5.1.8 Case 06-21
AAASCO Inc
1730 Keene Rd.
Temporary Signs - Knight
5.1.9 Case 13-21
Jorge & Rene Cruz
308 S Pegasus Ave.
Residential Rental BTR - Kasman
Member Teixeira moved to accept the Affidavits of Compliance for
Cases 23-14, 75-19, 142-18, 134-19, 18-20, 93-20, 94-20, 06-21, and
13-21. The motion was duly seconded and carried unanimously.
5.2 Continued from November 18, 2020 - Case 54-20 -Accept the Affidavit(s) of
Non-Compliance for respondent(s) Thessaloniki Canatoas-Engdahl at 1936 N Betty Ln.
for Permits. (Espinosa)
No one was present to represent the Respondent.
Member Bray 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
5.3 WITHDRAWN - Continued from November 18, 2020 - Case 18-20 - Accept the
Affidavit(s) of Non-Compliance for respondent(s) Gary English & Connie Martino at 3131
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Downing St. for Boat Trailer Storage. (Odegaard)
Case 18-20 was withdrawn.
5.4 Case 90-20 - Accept the Affidavit(s) of Non-Compliance for respondent(s) 1447 E Druid
Land Trust at 1447 Druid Rd E. for Permits. (Espinosa)
No one was present to represent the Respondent.
Member Bray 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.
5.5 Case 121-20 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Douglas
Fischer at 10 N Aurora Ave. for Inoperative Vehicles. (Kasman)
No one was present to represent the Respondent.
Member Teixeira 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.
6. Other Board Action
6.1 Continued from January 27, 2021 - Case 29-16 - Consider request by petitioner(s)
Gilbert Jannelli at 1343 Cleveland St. to reduce the repeat fine re Fences, Lot Clearing,
Roof Maintenance, and 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.
Attorney Brian Aungst, representing petitioner Gilbert Jannelli, said all
Gilbert Jannelli's properties were in compliance with no active code
enforcement cases. He requested lien reductions for Gilbert Jannelli's
properties at 1343 Cleveland Street and 1871 Douglas Avenue, which has
been in compliance since November 2016 with no additional code issues.
He said in 2017, the City found the Cleveland Street property in compliance;
a minor violation in 2020 was corrected prior to a hearing and withdrawn.
Attorney Aungst said Gilbert Jannelli had to finalize negotiations with the
City on his US Highway 19 property before he could submit today's request.
He said Gilbert Jannelli could not divest himself of any of his properties until
he settled liens on all of his properties with the City, the Douglas property
was under contract.
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Municipal Code Enforcement Board Meeting Minutes February 24, 2021
Attorney Aungst said the City's code enforcement objective was
compliance not punishment. He said the City's recommended fine
reduction amount was not equitable or affordable. He said Gilbert
Jannelli had already paid the City$100,000 in fines for the US Highway
19 property plus $130,000 for repairs and legal fees. He said Gilbert Jannelli
was an optometrist, not a real estate corporation. He said the City had
punished Gilbert Jannelli with larger fines than any other individual. He said
Gilbert Jannelli's violations were not eyesores nor impact nearby property
values. He requested the board treat Gilbert Jannelli equitably and reduce
his fines to administrative costs.
Code Enforcement Manager Ken Pieslak said City staff had spent more
than 2 years battling Gilbert Jannelli to get these properties into compliance.
During that time, staff also had to contend with constant resident complaints.
When discussing a fine reduction, staff considered the length of time the
properties were neglected and in disrepair and tried to be fair. They
concluded the fines could be reduced 90% from $420,750 to $42,075 plus
administration fees of$3,362.40 for a total of$45,437.40.
Discussion ensued with comments the violations had not posed welfare
or safety issues nor disrupted neighborhoods with illegal short-term
rentals, the ultimate goal was compliance, not monetary gain, and Gilbert
Jannelli selling his properties would be in the City's best interest. Support
was expressed for reducing the fines to administration fees to cover City
costs. Concern was expressed that punitive fines hindered business when
the City needed buildings to be filled with robust businesses. One board
member reported a friendship but no financial ties with the petitioner. In
response to a recommendation, it was stated Gilbert Jannelli, a commercial
property owner, could not guarantee actions by anyone who purchased his
properties. It was noted the City had recommended reducing the liens by
90% in spite of the properties being out of compliance for 18 months to 2
years.
Assistant City Attorney Matt Smith reviewed MCEB (Municipal Code
Enforcement Board) previous denials of requests to reduce lien amounts
to administration fees.
Mr. Pieslak said liens were $324,500 for 1343 Cleveland Street and
$96,250 for 1871 Douglas Avenue. Administrative costs were $1,447.20 for
1343 Cleveland Street and $1,915.20 for 1871 Douglas Avenue.
Attorney Aungst said the recommended fine was significant, Gilbert Jannelli
would have a difficult time finding a buyer who would pay$45,000 over
market for the properties.
Discussion ensued about a lien reduction.
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City of Clearwater
Cr.ols• Ertfttrcrtnnt Bird Metting tines
February 24, 2021
Member Farrar moved to enter an order reducing the fine for
Case 29-16 to $12,500 inclusive of administration costs payable
within 30 days or the lien will revert to its original amount The
motion was duly seconded. Members Kohut, Farrar, Bray
and Brown voted "Aye"; Member Teixeira and Chair Mannino
voted "Nay." Motion carried.
6.2 Continued from January 27, 2021 - Case 128-16 - Consider request by petitioner(s)
Gilbert JanneIli at 1871 Douglas Ave. to reduce the repeat fine re Exterior Surfaces,
Abandoned Building, Lot Clearing, Door and Window Openings, and Roof Maintenance;
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.
=
,
See Case 29-16 for discussion of both cases.
Member Teixeira moved to enter an order reducing the fine for Case
128.16 to administration costs of $1,915.20 payable within 30 days or
the lien will revert to its original amount. There was no second.
Attorney Aungst said Gilbert Jannelli could not afford $25,000 in fines and
had indicated anything more than S10,000 in total fines would make it
difficult for him to divest his properties.
Member Bray moved to enter an order reducing the fine for Case
128.16 to $12,500 inclusive of administration costs payable within
30 days or the lien will revert to its original amount. The motion
was duly seconded. Members Kohut, Farrar, Bray and
Brown voted "Aye"; Member Teixeira and Chair Mannino voted
"Nay." Motion carried.
j
Th
n Fi 'n
: None.
ling &djou,neci at 2:45 p