01/27/2021 Municipal Code Enforcement Board Meeting Minutes January 27, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Wednesday, January 27, 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 January 27, 2021
Roll Call
Present 7 - Chair Michael Mannino, Vice Chair Kerry Fuller, Board Member Nicole
Bray, Board Member David Farrar, Board Member Greg Brown,
Board Member Peter Kohut, and Board Member Lina Teixeira
Also Present - Andy Salzman —Attorney for the Board, Michael Fuino —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
2.1 Approve the meeting minutes of the December 16, 2020 Municipal Code Enforcement
Board as submitted in written summation.
Member Farrar moved to approve minutes of the December 16, 2020
Municipal Code Enforcement Board meeting as submitted in written
summation. The motion was duly seconded and carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda: None.
4. New Business Items
4.1 Continued from December 16, 2020 - Case 116-20 - Find respondent(s) Robert Spartz
at 1641 EI Tair Trl. in violation of Code for Residential Rental Business Tax Receipt and
Roof Maintenance; and issue an order with the compliance deadline and fine if
compliance is not met. (Phillips)
No one was present to represent the Respondent.
Member 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 Julie Phillips provided a PowerPoint presentation on the 2
violations at 1641 EI Tair Trail for Residential Rental Business Tax
Receipt and Roof Maintenance/Clean Roof. Neighbors had complained
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Municipal Code Enforcement Board Meeting Minutes January 27, 2021
about the property since December 2019. Property photos on April 21, June
2, July 20, August 13, August 31, and November 3, 2020 and January 20,
2021 showed blue tarp on the roof and chimney and multiple sandbags on
the roof. An April 21, 2020 photo showed caution tape and cable in the side
yard and a November 3, 2020 photo showed a "No Trespassing"sign.
Screenshots of City Utility accounts showed active tenant utilities from
February 2006 to October 2013 and from July 2015 to October 2020.
Inspector Phillips was in contact with the owner who purchased the property
December 7, 2004 and lived nearby.
Inspector Phillips recommended compliance for the Residential Rental
Business Tax Receipt violation within 30 days and compliance for the roof
violation within 60 days or fines of$150 per day per violation be imposed.
No permits have been issued for roof repairs.
It was commented the violations were long-term.
Assistant City Attorney Michael Fuino submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the Residential Rental Business Tax Receipt violation
on or before February 27, 2021 and to correct the Roof
Maintenance/Clean Roof violation or before March 27, 2021. If the
Respondent does not comply within the times specified, the
Board may order a fine of$250 per day per violation for each day
each violation continues to exist past each compliance date. If
fines and fees remain unpaid 3 months after such lien is filed, the
City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.2 Continued from December 16, 2020 - Case 117-20 - Find respondent(s) Sylvia Burt &
Erol Kidd at 900 N Betty Ln. in violation of Code for Fences, Hauling Trailer, Exterior
Surfaces, & Exterior Storage; and issue an order with the compliance deadline and fine if
compliance is not met. (Jewett)
No one was present to represent the Respondent.
Staff said compliance had been met and requested a declaration of violation.
Attorney Fuino 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
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motion was duly seconded and carried unanimously.
4.3 Continue to February 24, 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 continued automatically to February 24, 2021.
4.4 Case 02-21 - Find respondent(s) Christine Dorcelus at 214 Highland 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.
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 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 at 214 Highland Avenue. On October
23, 2019, MCEB (Municipal Code Enforcement Board) heard Case 189-19
and issued an order finding owner Christine Dorcelus in violation for Illegal
Short-Term Rental at the subject property, that the violation was corrected
prior to the hearing, that no fine be imposed, and if the Respondent repeated
the violation within 5 years, the Board could order a fine of up to $500 for
each day the violation continued to exist.
Inspector Phillips presented screenshots of vacation rental website
advertisements and property photographs as Prima Facie evidence for
214 Highland Avenue: 1) December 11 and 18, 2020 and January 19, 2021
— VRBO - 7-night minimum, rate quotes for 7-night rentals, 2) December 14
and 16, 2020— STAYZ— 7-night minimum, rate quotes for 9-night and 10-
night rentals and photos of the property and out of state vehicles, 3)
December 28, 2020 and January 12, 2021 — VRBO - 7-night minimum, rate
quotes for 8-night rentals, and 4) January 5 and 26, 2021 - VRBO - 7-night
minimum, rate quotes for 14-night and 9-night rentals. She had not heard
from the property owner. The violation could be corrected by updating the
websites to reflect the Code's minimum stay rental requirements.
Inspector Julie Phillips recommended a fine be imposed of$500 per day
for the 9 days, December 11, 14, 16, 18 and 28, 2020 and January 5, 12,
19, and 26, 2021, when the repeat violation for Illegal Short-Term Rental
existed for a total of$4,500.
Attorney Fuino submitted composite exhibits.
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Member Teixeira moved to enter an order that a fine of$500 per
day be imposed for the 9 days the repeat violation existed for a
total fine of $4,500 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.
4.5 Case 03-21 - Find respondent(s) Shakerah Marshall at 505 Casler Ave. in violation of
Code for Residential Rental Business Tax Receipt and Short Term Rental; and issue an
order with the compliance deadline and fine if compliance is not met. (Phillips)
No one was present to represent the Respondent.
Inspector Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Fuino submitted composite exhibits.
Member Bray moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavits in this
case, the violations were corrected prior to today's hearing, and
to enter an order that no fine be imposed against the Respondent. If the
Respondent repeats the violations, the Board may order a fine of up to
$500 for each day each violation continues to exist. The motion was
duly seconded and carried unanimously.
4.6 Case 04-21 - Find respondent(s) Brandon Pertile at 113 Windward Is. 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 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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4.7 Continue to February 24, 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 automatically to February 24, 2021.
4.8 Case 06-21 - Find respondent(s) AAASCO Inc. at 1730 Keene Rd. in violation of Code
for Temporary Signs; and issue an order with the compliance deadline and fine if
compliance is not met. (Knight)
Property owner Marlon Weintraub denied the violation.
Inspector Julie Phillips provided a PowerPoint presentation on behalf of
Inspector Daniel Knight for 1730 Keene Road, zoned Low Medium Density
Residential. A June 22, 2020 property photo showed 2 unpermitted 3-foot by
5-foot signs on the vacant property. An August 11, 2020 property photo
showed the signs had been replaced with a temporary chain link fence and
2 banners. December 3, 2020 and January 20, 2021 property photos
showed additional temporary chain link fencing, banners, oversized signs
facing residential properties to the rear, and silt fencing had been installed,
the City did not issue any construction, demo, signage, or fencing permits.
Mr. Weintraub said it was standard practice for his firm to install signage
and fencing at development sites, he agreed the site lacked active permits.
He said he had installed the fencing to screen a neighbor's property
following her complaint that his removal of Brazilian Peppers had allowed
Keene Road drivers to look in her house. He said he was resubmitting his
certified contractor license application and planned to build on the site once
he obtained his license.
Inspector Phillips said signage and fencing would be allowed once permits
are issued. She recommended compliance by February 6, 2021 or a fine of
$150 per day be imposed for the Temporary Signs violation.
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.
Attorney Fuino submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before February 6, 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,
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the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.9 Case 07-21 - Find respondent(s) Clearwater Chestnut 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)
Case 07-21 was continued automatically to February 24, 2021.
4.10Case 08-21 - Find respondent(s) Gary Perkins at 1505 Laura St. 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)
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 recommended compliance by February 27, 2021
or a fine of$150 per day be imposed for the violation. The Residential
Rental Business Tax Receipt application process took approximately 2
weeks. The property owner was notified of the violation. Inspector Kasman
had not communicated with him.
Attorney Fuino submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before February 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.
4.11 Case 09-21 - Find respondent(s) Kyriaki Kaklamanos at 110 N Crest Ave. in violation of
Code for Exterior Storage; 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 recommended compliance by February 27, 2021
or a fine of$150 per day be imposed for the Exterior Storage violation. He
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responded in May to a neighbor's complaint. The property owner reported
speaking with the tenants about removing the exterior storage items,
including kitchen countertops and weight machines. Inspector Kasman also
tried to speak with the tenants and left guidebook materials. The only
changes to the exterior storage during the past 9 months was the removal of
a weight machine and addition of multiple tires.
Attorney Fuino submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent to
correct the violation on or before February 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.
4.12WITHDRAWN - Case 10-21 - Find respondent(s) Stacy M Dunn Revocable Trust, Stacy
Michelle Dunn, Tre at 9 N Meteor Ave. 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)
Case 10-21 was withdrawn.
4.13Case 11-21 - Find respondent(s) Jamie L Barrows at 100 N Meteor Ave. in violation of
Code for Residential Grass Parking and Residential Rental Business Tax Receipt; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Property owner Jamie Barrows denied the violation, stating the property
was a rental.
Inspector Daniel Kasman said compliance had been met for the
Residential Rental Business Tax Receipt violation and requested a
declaration of violation.
Inspector Kasman provided a PowerPoint presentation on the Residential
Grass Parking violation. Property photos on August 25, October 5,
November 10 and 13, December 9 and 23, 2020, January 4, 23, and 26,
2021 showed illegal residential grass parking. He had provided a guidebook
and spoken with the tenants who indicated they understood the violation.
While street parking was permitted, the tenants did not park in the street.
The unregistered vehicle in the driveway was cited separately.
Mr. Barrows said the Section 8 tenant had lived there for 12 years and now
had 4 drivers. He said vehicles would get blocked in when parked on the
narrow driveway. He said the residents had parked on the grass for a while.
He said he had not received notification of the violations as the Property
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Appraiser's Office had his wrong address on file. He said he had his first
conversation with the tenant about the grass parking yesterday. He said
the tenant's family was sociable and had a lot of company. He said he
could not watch the property all the time, install cameras to verify
compliance, or afford a $150/day fine for actions he could not control. He
said he wanted to cooperate but felt his only option was to evict the tenant.
It was noted the driveway could be widened and the tenants could park in
the street. It was recommended Mr. Barrows explain to the tenant the
importance of complying with Code.
In response to questions from Attorney Fuino, Mr. Barrows said the year to
year lease may have been renewed recently. He did not know how many
people lived in the home but said the City of Clearwater inspected the
property annually to verify that each child had a separate room.
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 for a
Residential Rental 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 Teixeira moved to find the Respondent(s) in violation of the
City of Clearwater Code as referred to in the affidavit in this case for
illegal Residential Grass Parking. The motion was duly seconded and
carried unanimously.
Inspector Kasman recommended compliance by February 5, 2021 or a
fine of$150 per day be imposed for the Residential Grass Parking violation.
Attorney Fuino submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent to
correct the Residential Grass Parking violation on or before February
17, 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.
4.14WITHDRAWN - Case 12-21 - Find respondent(s) Blue Tran Investments LLC at 1266
Santa Rosa St. 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 12-21 was withdrawn.
4.15Case 13-21 - Find respondent(s) Jorge Cruz, Rene Cruz, Luis Cruz, and Pascual Cruz at
308 S Pegasus Ave. 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)
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 recommended compliance by February 5, 2021 or
a fine of$150 per day be imposed for the Residential Rental Business Tax
Receipt violation. He said the property owner had applied for the business
tax receipt a month ago and said he would pay for it today.
Attorney Fuino submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before February 5, 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.
4.16Case 14-21 - Find respondent(s) Jorge and Katherine Mary Diaz at 300 S Meteor 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)
Jorge Diaz said he represented his son, property owner Jorge Diaz, who
was living out of state while serving in the military. He said he had explained
the rules to the tenants and had drawn a diagram of where they could park.
He said the tenants, who did not speak English, signed a statement in
Spanish that they would comply with Code Residential Grass Parking rules
or the property owner would have their vehicles towed and evict them.
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 recommended compliance by February 5, 2021 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 January 27, 2021
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before February 5, 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.
4.17WITHDRAWN - Case 15-21 - Find respondent(s) Levern Hampton at 1576 S Martin
Luther King, Jr. Ave. in violation of Code for Permits; and issue an order with the
compliance deadline and fine if compliance is not met. (Swinton)
Case 15-21 was withdrawn.
5. Unfinished Business
5.1 Accept the Affidavit of Compliance as listed.
5.1.1 Case 114-20 Affidavit of Compliance
Trust No 1520CS
Land Trust Service Corp Tre
1520 Clark St.
Exterior Storage - Kasman
Member Farrar moved to accept the Affidavit of Compliance for
Case 114-20. The motion was duly seconded and carried unanimously.
5.2 Case 102-20 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Ayad
Elayyan at 1391 Gulf to Bay Blvd. for Door and Window Openings. (Kasman)
AND
5.3 Case 103-20 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Sealty LLC
at 1401 Gulf to Bay Blvd. for Roof Maintenance and Business Tax Receipt. (Kasman)
Member Bray moved to accept the Affidavits of Non-Compliance
for Cases 102-20 and 103-20 and issue the orders that state 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.
5.4 Case 107-20 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Douglas
Fischer at 10 N Aurora Ave. for Roof Maintenance, Exterior Storage, and Vehicle Repair.
(Kasman)
Property owner Douglas Fischer requested 30 to 60 days to comply.
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Inspector Daniel Kasman provided a PowerPoint presentation on the 3
violations at 10 N. Aurora Avenue. The City had received multiple neighbor
complaints about the property's condition and late night vehicle repair work.
On November 18, 2020, the MCEB heard Case 107-20 and issued an order
finding property owner Douglas Fischer in violation of Code for Roof
Maintenance, Exterior Storage, and Vehicle Repair with a December 5, 2020
compliance deadline. 2021 property photos showed: 1) January 6—
substantial exterior storage, 2) January 10— miscellaneous items in the yard
and 2 vehicles parked on the grass, 3) January 15 - exterior storage of
indoor items and a vehicle being repaired, 4) January 21 - significant exterior
storage including a kitchen sink, carpeting, and tires, a vehicle being
repaired, and 3 vehicles parked on the grass; and 5) January 26 - exterior
storage of tires, indoor furniture, etc. and multiple vehicles parked on the
grass. The Court was addressing the residential grass parking.
Inspector Kasman said on several occasions Mr. Fischer had said he
understood the violations, none of the violations was corrected. The City
continued to receive a large volume of complaints asking that Mr. Fischer
stop disturbing the neighborhood late at night.
In response to a question, Inspector Kasman said the tarp was removed
from the roof but Mr. Fischer had stated the hole in the porch roof was not
repaired.
Mr. Fischer said the photos were taken at the wrong time when he had many
visitors. He said he did not work on the vehicles of all of his visitors. He said
his neighbors were trying to cause him problems. He said he wanted to
clean up the property. He said his brother will fix the roof but he could not
afford the materials. He said the property looked different today.
Member Farrar 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.
6. Other Board Action
6.1 Continue to February 24, 2021 - Case 29-16 - Consider request by petitioner(s) Gilbert
Jannelli at 1343 Cleveland St. to reduce the 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.
Case 29-16 was continued automatically to February 24, 2021.
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6.2 Continue to February 24, 2021 - Case 128-16 - Consider request by petitioner(s) Gilbert
JanneIli at 1871 Douglas Ave. to reduce the 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.
Case 128-16 was continued automatically to February 24, 2021.
7. Nuisance Abatement Lien Filings: None.
8. Adjourn
The meeting adjourned at 2:52 p.m.
Attest:
Secretary to the B
City of Clearwater
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Chair, Municipal a Enforcement Board