04/28/2021 Municipal Code Enforcement Board Meeting Minutes April 28, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, April 28, 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 April 28, 2021
Roll Call
Present 6 - Chair Michael Mannino, Vice Chair Kerry Fuller, Board Member Nicole
Bray, Board Member David Farrar, Board Member Greg Brown, and
Board Member Peter Kohut
Absent 1 - Board Member Lina Teixeira
Also Present - Andy Salzman —Attorney for the Board, Matt Smith —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 continue approval of the March 24, 2021
minutes to May 26, 2021. 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 Jan. 27 and Feb. 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)
Attorney William Malloy, representing the property owners, said a potential
question re use of the property existed, Code Enforcement referred to the
property use as a halfway house while the owner preferred to call it a group
home. He requested zoning verification of permitted uses. Assistant City
Attorney Matt Smith said the City supported continuing the item.
Member Kohut moved to continue Case 05-21 to May 26, 2021.
The motion was duly seconded and carried unanimously.
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Municipal Code Enforcement Board Meeting Minutes April 28, 2021
4.2 Continued from Feb. 24, 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)
Nik Kundra, representing the property owners, his parents, admitted to
the violation.
Inspector Shelly Brown provided a PowerPoint presentation on the
violation. She recommended compliance by June 30, 2021 or a fine of
$150 per day be imposed for the Exterior Surfaces violation. No changes
to the property were evident since her first inspection in mid-2020. The
house was occupied.
In response to questions, Mr. Kundra said his parents had been ill during
the pandemic and he was helping them obtain quotes for necessary
repairs. He said instead of just repairing a small crack, a worker had
removed a significant amount of stucco. He said his parents wanted work
completed prior to hurricane season.
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.
Attorney Matt Smith submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before September 30, 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.
4.3 Continued from March 24, 2021, Continue to May 26, 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 May 26, 2021.
4.4 Continued from March 24, 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)
No one was present to represent the Respondent.
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Municipal Code Enforcement Board Meeting Minutes April 28, 2021
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 Yusef Touray provided a PowerPoint presentation of the
violations. The property owner was belligerent during their last
conversation. He previously had provided the Respondent additional time for
compliance after speaking with the mother who cried. In response to a
question, he said the rear of the property had a gate.
Concern was expressed that the number of vehicles on site demonstrated a
mechanic business was operating on the property. It was noted vehicles
had been relocated from the front yard to the backyard and a tent had been
erected.
David Graves and Amy Leet of 1283 Druid Road East said the subject
property owner drove vehicles through their yard to access his backyard.
They said in spite of their repeated requests, the property owner set up lights
and repaired vehicles throughout the night.
Inspector Touray recommended compliance by May 28, 2021 for the 6
violations or a fine of$150 per day per violation be imposed for the 1)
Vehicle Repairs in a Residential Zoning District, 2) Hauling Trailer, 3)
Residential Grass Parking and Parking on an Unpaved Surface, 4)
Inoperative Vehicles-Outdoor Storage, 5) Commercial Vehicle, and 6)
Canvas Structure violations.
Attorney Matt Smith submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violations on or before May 28, 2021. If the Respondent
does not comply within the time specified, the Board may order a fine
of $150 per day per violation for each day each 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.
4.5 Case 37-21 - Find respondent(s) Janette Marnik at 920 S Hillcrest Ave. in violation of
Code for Short Term Rental and Residential Rental Business Tax Receipt; 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.
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Municipal Code Enforcement Board Meeting Minutes April 28, 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 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 38-21 - Find respondent(s) Alisah M Harris & Barry Pryor at 1137 Granada St. in
violation of Code for Short Term Rental and Residential Rental Business Tax Receipt;
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 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.
4.7 Case 39-21 - Find respondent(s) Anthony Dax Procissi & Kathryn Ducharme at 1874 N
Washington Ave. in violation of Code for Short Term Rental and Residential Rental
Business Tax Receipt; 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 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
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Municipal Code Enforcement Board Meeting Minutes April 28, 2021
was duly seconded and carried
4.8 Case 40-21 - Find respondent(s) Kaxandra C Naranjo at 906 Hart St. in violation of Code
for Short Term Rental and Residential Rental Business Tax Receipt; and issue an order
with the compliance deadline and fine if compliance is not met. (Philips)
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 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.
4.9 Case 41-21 - Find respondent(s) Kalliopi Poulikakou at 417 N Madison Ave. in violation
of Code for Short Term Rental and Residential Rental Business Tax Receipt; 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 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.
4.10Case 42-21 - Find respondent(s) De Santis Family Trust, Pasquale De Santis, Tre., &
Carmela DeSantis, Tre. at 1515 Gulf to Bay Blvd. in violation of Code for Sign
Maintenance; and issue an order with the compliance deadline and fine if compliance is
not met. (Knight)
No one was present to represent the Respondent. Tenant Charles Pixley
stated the sign was repaired in January after receiving notice, it had been
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes April 28, 2021
damaged during a December storm. He said sign panels damaged
during a February storm were repaired last weekend and showed a photo
of the repair.
Inspector Daniel Knight provided a PowerPoint presentation of the
violation. The sign was not in compliance when he inspected the property
last Friday. He said until he verified repairs, the property was not in
compliance.
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.
4.11 Case 43-21 - Find respondent(s) Downtown Crossing, LLC. at 423 S Myrtle 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.
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 provided a PowerPoint presentation and
recommended compliance by May 28, 2021 or a fine of$150 per day be
imposed for the Business Tax Receipt violation. City permits were not
finalized and closed out at the end of site construction. Businesses
should not be operating without Business Tax Receipts, which will not be
issued until permits are closed, a fire inspection is completed, and a
Certificate of Occupancy is issued. He has spoken with the managers of
the onsite businesses which have operated illegally for 6 months.
Concern was expressed the site's water and electricity were connected
prior to the fire inspection and CO issuance.
Attorney Smith submitted composite exhibits and expressed surprise that
the Fire Marshal had not shut down the businesses.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before May 28, 2021. If the Respondent
does not comply within the time specified, the Board may order a fine
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Municipal Code Enforcement Board Meeting Minutes April 28, 2021
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 44-21 - Find respondent(s) Streams of Life Church of God, Inc. at 400 S Jupiter
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.
Staff 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.
4.13Case 45-21 - Find respondent(s) Belleair Properties Group LLC at 16 N Highland Ave. in
violation of Code for Residential Grass Parking; and issue an order with the compliance
deadline and fine if compliance is not met. (Kasman)
No one was present to represent the Respondent.
Staff 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.
4.14Case 46-21 - Find respondent(s) Ilhan M Bilgutay at 503 N Garden Ave. in violation of
Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Dixon)
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Municipal Code Enforcement Board Meeting Minutes April 28, 2021
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 Gregory Dixon provided a PowerPoint presentation of the
violation and recommended compliance by May 26, 2021 or a fine of
$150 per day be imposed for the Exterior Surfaces violation. The
property, zoned downtown, was a rented residential house. He had been
in contact with the property owner.
Attorney Smith submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before May 26, 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.
4.15Case 49-21 - Find respondent(s) Strada Capital Inc. at 58 Verbena St. 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 provided a PowerPoint presentation of the
violation and recommended compliance by May 28, 2021 or a fine of
$150 per day be imposed for the Exterior Surfaces violation. The house
was vacant.
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.
Attorney Smith submitted composite exhibits.
Member Bray moved to enter an order requiring the Respondent
to correct the violation on or before May 26, 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.
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Municipal Code Enforcement Board Meeting Minutes April 28, 2021
4.16Case 65-21 - Find respondent(s) Mohamed Abdurrahman at 1565 S Prospect Ave. 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 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 1565 S. Prospect Avenue. The property had
electricity but no water. The tenants gave him permission to enter the site,-
he
ite,he did not have contact with the property owner. He recommended
compliance by May 28, 2021 or a fine of$250 per day be imposed for the
unsafe structure and authorization for the City to take corrective action..
Attorney Smith submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before May 28, 2021. If the Respondent
does not comply by that date, the Board may order a fine of $250 per
day for each day the violations continue to exist and the City may take
all reasonable actions, including entering the property, to bring the
property into compliance and charging 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 75-19 Affidavit of Compliance
Anthony Dorner
511 Orangeview Ave.
Exterior Surfaces - Jewett
5.1.2 Case 165-19 Affidavit of Compliance
Thomas & Kathie Parks
1101 N Garden Ave.
Abandoned Building - Dixon
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Municipal Code Enforcement Board Meeting Minutes April 28, 2021
5.1.3 Case 81-20 Affidavit of Compliance
East Gateway Holdings LLC
1390 Gulf to Bay Blvd.
Signage without Permits - Knight
5.1.4 Case 121-20 Affidavit of Compliance
Douglas E Fischer
10 N Aurora Ave.
Inoperative Vehicle - Kasman
5.1.5 Case 09-21 Affidavit of Compliance
Kyriaki Kaklamanos
110 N Crest Ave.
Exterior Storage - Kasman
Member Farrar moved to accept the Affidavits of Compliance for
Cases 75-19, 165-19, 81-20, 121-20, and 09-21. The motion was
duly seconded and carried unanimously.
5.2 WITHDRAWN - Continued from March 24, 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 withdrawn.
5.3 Case 08-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Gary Perkins
at 1505 Laura St. for Residential Rental Business Tax Receipt. (Kasman)
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.
5.4 WITHDRAWN - Case 09-21 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Kyriaki Kaklamanos at 110 N Crest Ave. for Exterior Storage. (Kasman)
Case 09-21 was withdrawn.
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings: None.
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Municipal Code Enforcement Board Meeting Minutes
8. Adjourn
Attest/
Secretary to the Bo: rd •
The meeting adjourned at 2:36 p.m.
City of Clearwater
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April 28, 2021
Chair, Municipal Code Enforcement Board