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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 Page 1 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 Page 2 City of Clearwater 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 Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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. Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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. Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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, Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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 Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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 Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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) Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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. Page 10 City of Clearwater 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. Page 11 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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. Page 12 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 27, 2021 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 Page 13 Chair, Municipal a Enforcement Board