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03/24/2021 Municipal Code Enforcement Board Meeting Minutes March 24, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, March 24, 2021 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 Roll Call Present 4 - Chair Michael Mannino, Board Member David Farrar, Board Member Peter Kohut, and Board Member Lina Teixeira Absent 3 - Vice Chair Kerry Fuller, Board Member Nicole Bray, and Board Member Greg Brown 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 February 24, 2021 Municipal Code Enforcement Board as submitted in written summation. Member Farrar moved to approve minutes of the February 24, 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 Case 24-21 - Find respondent(s) Troy Nowak at 2403 Brigadoon Dr. 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. Assistant City Attorney Michael Fuino submitted composite exhibits. Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 Member Farrar 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. 4.2 Case 25-21 - Find respondent(s) Gilbert Melendez at 1950 Nugget Dr. 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 Farrar 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. 4.3 Case 26-21 - Find respondent(s) Elan 415 LLC at 415 Island Way in violation of Code for Temporary Signs and 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 Farrar 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 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 4.4 Case 27-21 - Find respondent(s) Jazzys Bar B Q Inc. at 1575 S Ft. Harrison Ave. in violation of Code for Business Tax Receipt; 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 Farrar 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. 4.5 WITHDRAWN - Case 28-21 - Find respondent(s) John David Smith at 400 S Aurora Ave. in violation of Code for Business Tax Receipt; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 28-21 was withdrawn. 4.6 Case 29-21 - Find respondent(s) M21 LLC at 1326 Pierce St. 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. Inspector Daniel Kasman said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Farrar 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 30-21 - Find respondent(s) Will Raymond Abreu at 115 S San Remo 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) Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 No one was present to represent the Respondent. Inspector Daniel Kasman said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Farrar 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. 4.8 WITHDRAWN - Case 31-21 - Find respondent(s) MNSF II W 1 LLC at 1473 Cleveland 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) Case 31-21 was withdrawn. 4.9 WITHDRAWN - Case 32-21 - Find respondent(s) AML Rental Property LLC at 618 S Crest 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 32-21 was withdrawn. 4.10Continue to April 28, 2021 - Case 33-21 - Find respondent(s) EQUTALT QOZ FL Holdings LLC at 403 Jasmine Way in violation of Code for Exterior Surfaces and Lot Clearing; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Case 33-21 was continued to April 28, 2021. 4.11 Case 34-21 - Find respondent(s) I B P Funding Inc. at 401 S Ft. Harrison Ave. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) No one was present to represent the Respondent. Inspector Gregory Dixon said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 Member Farrar 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. 4.12Continue to April 28, 2021 - Case 35-21 - Find respondent(s) Totten, Marilyn Trust at 1279 Druid Rd. in violation of Code for Vehicle Repair, Hauling Trailer, Residential Grass Parking, and Inoperative Vehicles; and issue an order with the compliance deadline and fine if compliance is not met. (Touray) Case 35-21 was continued to April 28, 2021. 4.13Case 47-21 - Find respondent(s) Patricia DePriest at 1631 Tuscola Rd. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Touray) Property owner Patricia DePriest admitted to the violation. Member Teixeira moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Yusef Touray provided a PowerPoint presentation on the violation and reviewing the property's history of violations. The house had active utilities. Ken Sasso thanked the board for this opportunity to speak. He said he had flown from Pennsylvania to address the Board regarding Code violations at the subject property that date back 30 years. He said several neighbors also complained to the City about the property but no changes had occurred. He said people loved coming to his house until they saw the subject property to the rear. He said the poor condition of the subject house negatively affected his property value. He wanted the violations corrected. In response to questions, Inspector Touray did not know if the property was occupied. The swimming pool in the rear was inaccessible. Ms. DePriest said her parents, who previously owned the house, had physical and mental health conditions and financial hardships. She said she had tried to come up with the funds to comply with the City's order. She said the property was put on the market for sale after her father died. She said it has been a disappointment to herself and neighbors that the property remained out of compliance. She said violations do not go back 30 years. She said the birdcage fell down years ago but the soffit and fascia Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 only deteriorated recently. She said she had received funds from the sale of another house. She said she was still weak from her December surgery but friends were trying to get her additional help. Ms. DePriest said her father died in 2014. She said his property at 907 Chestnut Street was sold. She said now that her parents'estate was settled, she would like to focus on repairing the house. She said to this point, she had been unable to keep up the property. In response to questions, Ms. DePriest said she stayed at the house a few days a weeks when she was not helping a friend. She said Inspector Touray knew she had done what she could do. She said she did not have legal knowledge if probate was opened. Attorney Fuino said the property she inherited had Code violation liens totaling $510,000 in 2017. Ms. DePriest father's properties had been worth almost $1 million. In response to a question, Ms. DePriest said she remembered requesting the City Council to reduce the lien amount but never had an opportunity to speak on behalf of her father. Attorney Fuino said the City Council had reduced the lien amount to $50,000. Concern was expressed that it was time for Ms. DePriest to admit she was incapable of taking care of the property. Ms. DePriest said she had medical challenges and related expenses. Inspector Touray recommended compliance by April 24, 2021 or a fine of $150 per day be imposed for the Exterior Surfaces violation. It was stated the property probably will not meet compliance by the recommended deadline. Attorney Fuino submitted composite exhibits. He said the property will be referred back for foreclosure if compliance is not met. He reviewed the foreclosure process for the neighbors Member Farrar 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. Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 4.14Case 48-21 - Find respondent(s) Patricia DePriest at 1631 Tuscola Rd. in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Property owner Patricia DePriest admitted to the violation. Member Kohut moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Jason Cantrell provided a PowerPoint presentation of the unsafe violations at 1631 Tuscola Road. He recommended compliance by April 24, 2021 or a fine of$150 per day be imposed for the unsafe structure and authorization for the City to take corrective action.. In response to questions, Inspector Cantrell said the fence provided a sufficient barrier for the swimming pool which appeared to have water. He had not spoken with Ms. DePriest until last week. Ms. DePriest said she understood what she needed to do, seh wanted to make necessary repairs but the proposed timeline was insufficient. She said she was led to believe she would be provided a time extension. Attorney Fuino submitted composite exhibits. Member Teixeira moved to enter an order requiring the Respondent to correct the violations on or before April 24, 2021. If the Respondent does not comply by that date, the Board may order a fine of $150 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 145-19 Affidavit of Compliance Josephine Padden Tre 51 Verbena St. Abandoned Building - Dixon Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 5.1.2 Case 88-20 Affidavit of Compliance Nily Ilan 900 Vine Ave Unsafe Building - Cantrell 5.1.3 Case 120-20 Affidavit of Compliance E & A Inc 741 Bayway Blvd. Business Tax Receipt - Knight 5.1.4 Case 11-21 Affidavit of Compliance Jamie L Barrows 100 N Meteor Ave. Residential Grass Parking - Kasman 5.1.5 Case 14-21 Affidavit of Compliance Jorge & Katherine Mary Diaz 300 S Meteor Ave. Residential Grass Parking - Kasman 5.1.6 Case 27-19 Affidavit of Compliance Martin & Rhonda Sherman 405 N Garden Ave. Lot Clearing - Dixon 5.1.7 Case 28-19 Affidavit of Compliance Martin & Rhonda Sherman 405 N Garden Ave. Lot Clearing - Dixon Member Farrar moved to accept the Affidavits of Compliance for Cases 145-19, 88-20, 120-20, 11-21, 14 21, 27-19 and 28-19. The motion was duly seconded and carried unanimously. 5.2 Case 185-19 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Renate Tyroller at 1221 Jackson Rd. for Exterior Surfaces, Door and Window Openings, and Roof Maintenance. (Jewett) See below for motion to accept. 5.3 Case 81-20 - Accept the Affidavit(s) of Non-Compliance for respondent(s) East Gateway Holdings LLC at 1390 Gulf to Bay Blvd. for Signage without Permits. (Knight) See below for motion to accept. Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 24, 2021 5.4 Continue to April 28, 2021 - Case 111-20 - Accept the Affidavit(s) of Non -Compliance for respondent(s) James Rutherford at 2720 Morningside Dr. for Exterior Surfaces. (Brown) Case 111-20 was continued to April 28, 2021. 5.5 Case 118-20 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Benjamin Rivas, Sr. at 1450 Court St. for Sign Maintenance. (Knight) Member Teixeira moved to accept the Affidavits of Non -Compliance for Cases 185-19, 81-20 and 118-20 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. 5.6 WITHDRAWN - Case 120-20 - Accept the Affidavit(s) of Non -Compliance for respondent(s) E & A Inc. at 741 Bayway Blvd. for Business Tax Receipt. (Knight) Case 120-20 was withdrawn 6. Other Board Acton: None. 7. Nuisance Abatement Lien Filings: None. 8. Adjourn Attest: Secretary o the Boar City of Clearwater The meeting adjourned at 2:30 p.m. Page 10