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06/23/2021 Municipal Code Enforcement Board Meeting Minutes June 23, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, June 23, 2021 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Roll Call Present 4 - Board Member David Farrar, Board Member Greg Brown, Board Member Peter Kohut, and Board Member Lina Teixeira Absent 3 - Board Member Nicole Bray, Vice Chair Kerry Fuller, and Chair Michael Mannino Also Present—Andy Salzman —Attorney for the Board, Matthew Mytych —Assistant City Attorney, Matt Smith —Assistant City Attorney, Nicole Sprague — Secretary to the Board 1. Call To Order The Acting Chair called the meeting to order at 1:39 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 May 26, 2021 Municipal Code Enforcement Board as submitted in written summation. Member Teixeira moved to approve minutes of the May 26, 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 On behalf of Ahmed Shay, owner of Roadrunner Inc. on Court Street, Jevon Nunez said Mr. Shay recently was cited for artwork on the building that he commissioned 2 years ago. He said considering how long the artwork has been up and how well the community has received it, he requested a moratorium on Code Enforcement action until the matter can be resolved. Attorney for the Board Andy Salzman said the Board did not have jurisdiction over this matter and could not rule on a Case before it is presented by staff. 4. New Business Items Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 4.1 Continued from Jan. 27, Feb. 24, and April 28, & May 26, 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) William Malloy said he was an attorney in Georgia and advocate in Florida. He said he had Power of Attorney to represent the property owner who was not present. Mr. Malloy said use of the property was complicated and nuanced. He said a fire sprinkler inspection had initiated this issue, not neighbor complaints. He disagreed with the Planning & Development Department's interpretation that the use was not a community residential home. Pinellas New Motives Program Director Stephen Szopinski said residents had a curfew. As an example of supporting residents'physical needs, he said he had driven a wheelchair bound resident to the bank to pay the rent. He said he was present to listen to residents and hold daily discussions re their psychological needs. In response to a question, he said he had a bachelor's degree in Psychology. Inspector Daniel Knight said the property was cited for the zoning violation in June 2020. He reviewed the Code. A halfway house was a permitted use in I (Industrial) zoning, not in LMDR (Low-Medium Density Residential) zoning. The City twice informed the New Motives' representative that denial of their 2014 Business Tax Receipt application for a halfway house was due to a zoning conflict. When New Motives updated the application in 2017, a Code Inspector opened a case for a halfway house violation, the property owner then applied for a Residential Rental Business Tax Receipt and told the inspector that the house was a single-family residence rental and did not operate as transitional housing. Inspector Knight said New Motives'May 13, 2021 letter to the City stated the property's use was a community residential home with 6 occupied units, one unoccupied unit, and minimal staff oversite to ensure residents'safety. The letter stated that none of the residents required mental health treatment and each resident signed an agreement and paid a monthly fee that covered housing only. Inspector Knight presented the New Motives website which stated the organization managed transitional living facilities, encouraged residents to be productive members of society through restoration of the body, mind, and spirit, required attendance at nightly and weekly meetings, sober living, and subjected residents to curfews and random breathalyzer tests, etc. Facility photos included the subject property. Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Planning & Development Director Gina Clayton said her interpretation of Code was that this use was not a community residential home. The website's description of services met the definition of a halfway house. New Motives'letter stating the facility was a community residential home was unclear and difficult to understand. The letter detailed a non-specified time for residents'financial agreements. While the letter said no substance abuse treatment took place onsite, the website stated the facility was a sobriety house where treatment occurred for residents working through addiction issues. She reviewed the Code definition of a community residential home which references a family unit. Multiple leases were not indicative of a community residence use. She did not know if other sobriety houses operated in the City. Mr. Szopinski said he started working for New Motives in 2019 after the Business Tax Receipt applications had been submitted and the website established. He said he was in the process of creating a new website to accurately reflect New Motives'operations. He said the current website could not be changed without the password which was in a former employee's possession. He said he had not applied for a community residential home Business Tax Receipt but had inquired about the previous denials. In response to questions, Mr. Szopinski said he provided a supportive role rather than oversite. He said New Motives did not provide direct therapy, counseling, mental health, or substance abuse services. He said each resident had a separate lease and financial agreement to pay rent, he said he would forward copies of the financial agreements to the City. He said residents were not required to receive medical services. He did not know why the facility was located in LMDR zoning. He said residents were encouraged to transition back to productive lives and independence. He thought the rooms had keyed doorknobs but not padlocks. Assistant City Attorney Matthew Mytych said the facility's separate financial agreements and keyed doorknobs did not meet the Code definition of a community residential home. 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 Daniel Knight recommended compliance by July 23, 2021 or a fine of$150 per day be imposed for the Permitted Uses violation. William Malloy requested additional time to relocate the residents as they were fragile. Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Attorney Mytych submitted composite exhibits. Member Teixeira moved to enter an order requiring the Respondent to correct the violation on or before August 25, 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. 4.2 Continued from March 24 & 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) No one was present to represent the Respondent. 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 Gregory Dixon recommended compliance by June 28, 2021 or a fine of$150 per day be imposed for the Lot Clearing violation and compliance by March 1, 2022 or a fine of$150 per day for the Exterior Surfaces violation. Attorney Mytych submitted composite exhibits. Member Teixeira moved to enter an order requiring the Respondent to correct the Lot Clearing violation on or before June 28, 2021. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day this violation continues to exist past the 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. Member Teixeira moved to enter an order requiring the Respondent to correct the Exterior Surfaces violation on or before March 1, 2022. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per for each day this violation continues to exist past the 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. Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 4.3 Continued from May 26, 2021 - Case 51-21 - Find respondent(s) Michael Loverde & Alexandra Ferrara at 607 Lime Ave. 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 Mytych submitted composite exhibits. Member Kohut 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. 4.4 Continued from May 26, 2021 - Case 53-21 - Find respondent(s) Luis Gomez at 2984 St. Croix Dr. 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. (Phillips) No one was present to represent the Respondent. Inspector Julie Phillips said compliance had been met and requested a declaration of violation. Attorney Mytych submitted composite exhibits. Member Kohut 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 - Continued from May 26, 2021 - Case 60-21 - Find respondent(s) Florida First Properties Inc Tre., Ferrer Land Trust 1468 at 1468 Cleveland St. in violation of Code for Business Tax Receipt Required; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 60-21 was withdrawn. Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 4.6 WITHDRAWN - Continued from May 26, 2021 - Case 63-21 - Find respondent(s) Adam & Dana McGrady at 104 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 63-21 was withdrawn. 4.7 Continued from May 26, 2021 - Case 85-21 - Find respondent(s) Robert Spartz at 1651 Misty Plateau Trail in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Respondent Robert Spartz denied the violation. Inspector Jason Cantrell provided a PowerPoint presentation of the unsafe violation related to the backyard swimming pool that had popped out of the ground. He presented an April 21, 2020 photo of the swimming pool edge that was approximately one foot above ground level. The photo was taken through foliage from a neighbor's yard because Mr. Spartz would not authorize City access to his property. The swimming pool was protected by a fence, he did not know if there was water in the pool. Mr. Spartz said the swimming pool was full of water and surrounded by a pool cage, he saw no concern about an unsafe structure. He said it was disturbing that neighbors had called him multiple times re Code Enforcement inspectors on his property, he said he was terrified by Code Enforcement's continued harassment. He said the main witness against him was disgruntled and had vandalized his house. Mr. Spartz presented a photo of the edge of his swimming pool deck and a few pool tiles but no pool water. He said the pool had some separation but he did not know how to remedy it. He said he did not use his swimming pool but could jump into it. He said obtaining a permit to remove the pool would take 60— 90 days and trees would have to be removed to move equipment into his backyard as his side clearance was only 2 feet wide. Building Official Kevin Garriott said the swimming pool could be removed, filled with dirt after holes were drilled into the bottom, or fixed by repairing the electrical lines, reconnecting the pipes, and sinking the swimming pool back into the ground. A permit would take between 24 hours and 2 days to obtain. In response to a question, he said in similar circumstances the swimming pool would be partially filled with green water and swarming with mosquitos. 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. Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Inspector Cantrell recommended compliance by July 23, 2021 or a fine of$150 per day be imposed for the Unsafe Building violation. Inspector Julie Phillips said the pool had been in its current condition for 2 years. Discussion ensued with comments that additional time would be needed to comply. In response to his question, Attorney Salzman said Mr. Spartz should work with the City regarding the tree. If Mr. Spartz works with the City and is doing what needs to be done to meet compliance, an Affidavit of Non-Compliance would not have to be issued. Mr. Spartz said contractors had backed out of his previous attempts to repair the pool. He said his neighbor would not give him permission to cross the neighbor's yard with equipment to repair his backyard swimming pool. He said he wanted to turn his swimming pool into a koi pond. Attorney Mytych submitted composite exhibits. Member Brown moved to enter an order requiring the Respondent to correct the violation on or before September 23, 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 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. 4.8 WITHDRAWN - Continued from May 26, 2021 - Case 86-21 - Find respondent(s) Shannon Mello at 1435 Ambassador Dr. in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Case 86-21 was withdrawn. 4.9 Case 66-21 - Find respondent(s) Kevin Kincaid at 115 Devon Dr. 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) Inspector Julie Phillips said compliance had been met for the 1) Illegal Short-Term Rental and 2) Residential Rental Business Tax Receipt violations and requested a declaration of violation. Attorney Mytych submitted composite exhibits. Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Member Teixeira moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the 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 67-21 - Find respondent(s) May Ren at 743 Fairwood Ln. in violation of Code for Short Term Rental; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) Respondent May Ren denied the violation. She said she had rented the unit to one man who lived there for more than one month. Inspector Julie Phillips provided a PowerPoint presentation and presented screenshots of Airbnb vacation rental website advertisements for a "private room in house hosted by May" and property photographs as Prima Facie evidence for 743 Fairwood Lane. February 18, March 8, May 28, June 22, 2021 screenshots showed rate quotes for 2 to 4 night rentals. June 10, 2021 photos showed the property. Yesterday, property owner May Ren called, stating she had not advertised on Airbnb and did not know how the advertisement for her property had appeared. The advertisement remained active. In response to a question, Ms. Phillips said she did not know how someone other than a property owner could submit interior photos and pay a fee to advertise a short-term rental on a vacation rental website. Samuel Lee said he had found the property online and contacted Ms. Ren in late January. He said Ms. Ren had stated she was a licensed Realtor and had requested the rent payment in cash. He said he moved in on January 25, 2021 and paid a deposit by check, he had not wanted a short-term rental. He said on January 31, 2021 a couple arrived with luggage and presented a credit card charge for the rental, the property had been double booked. He said a neighbor advised him the rental was illegal, he followed the neighbor's advice and moved out at the end of February. He expressed concern the advertisement for the rental was still active. Ramsey Josen said he had lived next door since 2000. He said when Ms. Ren moved in several years ago, she had told him she wanted to build an addition to run her business. He said he told her that she could not run a business from a residential property. He said last year Ms. Ren said she was extending both sides of her roof to cover the outside air-conditioner. He said he later learned she was creating separate living units. He said Ms. Ren then fenced off her yard and started parking in City spaces to allow tenants to use her driveway. He expressed concern for his children; tenants smoked Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 pot outside when Ms. Ren was not home. He said the double booked couple referenced by Mr. Lee had called the police to get their money back. The Municipal Code Enforcement Board recessed from 3:29 to 3:33 p.m. Attorney Mytych reported that Respondent May Ren had left the Chambers and could not be located. 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 Julie Phillips recommended compliance by June 30, 2021 or a fine of$250 per day be imposed for the Illegal Short-Term Rental violation. Attorney Mytych submitted composite exhibits. Member Teixeira moved to enter an order requiring the Respondent to correct the violation on or before June 30, 2021. If the Respondent does not comply within the time specified, the Board may order a fine of $250 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 68-21 - Find respondent(s) Ruth B Marks Tre at 600 S Missouri Ave. 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. 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 Daniel Knight recommended compliance by July 23, 2021 or a fine of$100 per day be imposed for the Sign Maintenance violation. He showed photos of the peeling and faded paint on the sign in violation of Code. Attorney Mytych submitted composite exhibits. Page 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Member Kohut moved to enter an order requiring the Respondent to correct the violation on or before July 23, 2021. If the Respondent does not comply within the time specified, the Board may order a fine of $100 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 69-21 - Find respondent(s) Chestnut & Mrytle LLC at 708 Chestnut St. in violation of Code for Temporary Signs; 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 Mytych submitted composite exhibits. Member Kohut 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. 4.13WITHDRAWN - Case 70-21 - Find respondent(s) Jared White LLC at 1747 Drew St. in violation of Code for Business Tax Receipt; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Case 70-21 was withdrawn. 4.14Case 71-21 - Find respondent(s) Mainstreet Clearwater Dev at 412 Cleveland St. in violation of Code for Signage without Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) No one was present to represent the Respondent. Inspector Daniel Knight said compliance had been met and requested a declaration of violation. Attorney Mytych submitted composite exhibits. Page 11 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Member Teixeira moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. 4.15Case 72-21 - Find respondent(s) Brian Nicolas Hudson at 1317 Overlea St. in violation of Code for Home Occupation Standards; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) 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 Gregory Dixon provided a PowerPoint presentation. He said the Respondent was repairing boats on his residential property. March 10, April 13, May 4, and June 21, 2021 property photos showed boats on trailers and a large tractor in front of the house and in the backyard, miscellaneous outdoor storage including boats, boat engines, a car, tools, an Evinrude Outdoor Motors sign, a wench, a large pile of dirt and a 40-gallon barrel. The June 21, 2021 property photo also showed the wench extended over the City's fence. In response to a question, Inspector Dixon said the City removed a fence the property owner had built to Stevenson Creek on City property and replaced it with a fence on City property parallel to the creek. Inspector Dixon recommended compliance by July 7, 2021 or a fine of $150 per day per violation be imposed for the 1) Business Tax Receipt, 2) Home Occupation Standards, 3) Exterior Storage, and 4) Nuisance violations. Attorney Mytych submitted composite exhibits. Member Teixeira moved to enter an order requiring the Respondent to correct the violations on or before July 13, 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. Page 12 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 4.16Case 73-21 - Find respondent(s) Dennis Dimovski & Steven Dimovski at 1417 Franklin St. in violation of Code for Exterior Storage and Address Numbers; 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 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 Daniel Kasman said he had responded to a complaint about significant outdoor storage and presented photos of the property. March 11, April 16 and May 5, 2021 photos showed outdoor storage in front of the house including boxes, office chairs, lumber, and random items and no street address on the house. June 9, 2021 photos showed the street address numbers had been hand painted on the house. June 22, 2021 photos showed 4 tires, a trailer, lumber, and office chairs in front of the house and street address numbers affixed to the house. Inspector Kasman expressed concern the address numbers may not be properly attached. Inspector Kasman recommended compliance by July 23, 2021 or a fine of$150 per day per violation be imposed for the 1) Exterior Storage and 2) Address Numbers violations. Attorney Mytych submitted composite exhibits. Member Kohut moved to enter an order requiring the Respondent to correct the violations on or before July 23, 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. 4.17Case 74-21 - Find respondent(s) Timothy Hall at 1265 Park 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 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 Daniel Kasman recommended compliance by July 23, 2021 or a fine of$150 per day be imposed for the Residential Rental Business Tax Receipt violation. Page 13 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Member Teixeira moved to enter an order requiring the Respondent to correct the violation on or before July 23, 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. 4.18Case 75-21 - Find respondent(s) Attila Megyeri at 602 Phoenix Ave. in violation of Code for Exterior Surfaces & 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 Brown 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 July 23, 2021 or a fine of$150 per day per violation be imposed for the 1) Exterior Surfaces and 2) Residential Rental Business Tax Receipt violations. Attorney Mytych submitted composite exhibits. Member Teixeira moved to enter an order requiring the Respondent to correct the violations on or before July 23, 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. 4.19Case 76-21 - Find respondent(s) The Estate and Unknown Heirs of Carole E Martin at 209 S Jupiter Ave. in violation of Code for Abandoned Building; 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 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 Daniel Kasman provided a PowerPoint presentation. The City had received many complaints re the property. Since the property owner died, the estate was in probate and the house was in foreclosure. He had contacted a property preservation company to maintain the property. Page 14 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 December 4, 2019, May 12, May 13, May 19, June 14 and 22, 2021 property photos showed the back door on the ground, trash and miscellaneous junk in the yard, faded chipping paint on the garage door, deteriorated fascia and soffits, a shopping cart in the side yard, a replaced back door, trash on the front porch, evidence of vagrancy, home contents disposed of curbside that the property preservation company had to remove, sheets covering windows, broken windows, front doorknob removed, and an open front door. A screenshot showed the property's water was shut off on July 31, 2019. Inspector Kasman said the contractor started repairs to the roof and removed trash in 2019. Afterwards complaints started coming in again about squatters and garbage. The toilet was backed up and the house smelled like urine. The house was consistently a public nuisance. It was hoped whoever had a vested interest would secure the property once a lien is imposed. Inspector Kasman recommended compliance by July 7, 2021 or a fine of $150 per day be imposed for the Abandoned Building violation. In response to a question, Attorney Salzman said the Respondents were the bank or unknown heirs. The property was creating criminal problems in a residential neighborhood. Attorney Mytych submitted composite exhibits. Member Brown moved to enter an order requiring the Respondent to correct the violation on or before July 7, 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. 4.20Case 79-21 - Find respondent(s) Robert A Spartz at 1651 Misty Plateau Trl in violation of Code for Fences and Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) Respondent Robert Spartz denied the violations. Inspector Julie Phillips provided a PowerPoint presentation. She had responded to an HOA complaint. She said neighbors had given her permission to photograph the subject property from the neighbors' properties. April 21 and August 31, 2020 and June 22, 2021 property photographs showed a mildewed gate leaning on the house, mildew on exterior surfaces and deteriorating fencing with warped and missing slats and propped up by a neighbor, green water in the popped up swimming pool, a large hole in the fascia, missing plaster along the bottom edge of the Page 15 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 house, and rotted fencing along the rear of the backyard. Mr. Spartz showed a photo of fencing with a closed gate. He said City photos showed his neighbor's fence which was on the property line, extended behind his neighbor's house, and had different boards than his fence. He said he had offered to pay half of the replacement cost but his neighbor told him Code Enforcement would force him to buy the neighbor a new fence. He said the fence was present when he purchased the property. He said he had removed stucco along the lower edge of the house to alleviate termites and stop them from tunneling behind the stucco,- he tucco,he said the missing stucco was cosmetic and he would not replace it. He said he could not repair the roof until the swimming pool was repaired as work on the pool could damage his roof. Concern was expressed that photos presented by Mr. Spartz were not dated and differed significantly from City photos. Mr. Spartz said he had removed the unnecessary gate on the other side of the house that was shown in City photos. He said his fence did not violate Code but his neighbor's did. Inspector Phillips said the neighbor had stated the failing fence belonged to Mr. Spartz, today is the first time in 14 months that Mr. Spartz claimed the fence did not belong to him. The fence in the rear of Mr. Spartz's backyard was rotted along the ground. By Code, a fence cannot have a huge gap where a gate once stood, Mr. Spartz could comply by removing the fence. Mr. Spartz did not communicate with her. She doubted staff would advise anyone that a neighbor had to replace someone else's fence. 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 Julie Phillips recommended compliance by July 23, 2021 or a fine of$150 per day per violation be imposed for the 1) Fence Maintenance and 2) Exterior Surfaces violations. Attorney Mytych submitted composite exhibits. Member Brown moved to enter an order requiring the Respondent to correct the violations on or before September 23, 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. Page 16 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 4.21 Case 81-21 - Find respondent(s) Jorge & Katherine 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) No one was present to represent the Respondent. Inspector Daniel Kasman said the Respondent's representative was present earlier but had to leave to attend to a family responsibility. 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 and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Kasman said he had photographed the repeat violations for Residential Grass Parking on March 26 and 30, April 8 and June 1, 2021. He recommended a fine of$250 per day for each day the repeat violation occurred for a total fine of$1,000. Attorney Mytych submitted composite exhibits. Member Brown moved to enter an order that a fine of $250 per day per violation be imposed for the 4 days the repeat violation existed for a total fine of$1,000 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. 4.22Case 82-21 - Find respondent(s) John Kapelouzos at 209 S Corona Ave. in violation of Code for Hauling Trailer; 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 Mytych submitted composite exhibits. Page 17 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 Member Kohut 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. 4.23Case 83-21 - Find respondent(s) LaSalle Properties LLC at 1849 Rainbow Dr. 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. Inspector Daniel Kasman said compliance had been met and requested a declaration of violation. Attorney Mytych submitted composite exhibits. Member Teixeira moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. 4.24Case 84-21 - Find respondent(s) Christopher Leon at 1742 Sharondale Dr. 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) Respondent Christopher Leon pleaded no contest. 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 Julie Phillips said compliance had been met for the Residential Rental Business Tax Receipt and requested a declaration of violation. Member Kohut moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case for the Residential Rental Business Tax Receipt, 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 Page 18 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 unanimously. Inspector Phillips said the illegal short-term rental remained in violation and presented screenshots of Turnkey vacation rental website advertisements and property photographs as Prima Facie evidence. Mr. Leon said his property's swimming pool and pool cage were not shown in the website photos. He said his house did not have 3 bedrooms as the website advertised. Inspector Phillips requested continuing the Illegal Short-Term Rental violation to July. Attorney Mytych submitted composite exhibits. Member Kohut moved to continue the Illegal Short-Term Rental violation for Case 84-21 to July 28, 2021. The motion was duly seconded and carried unanimously. 4.25Continue to July 28, 2021 - Case 87-21 - Find respondent(s) Available Property Management LLC at 1518 Scranton Ave. in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Swinton) Case 87-21 was continued to July 28, 2021. 5. Unfinished Business 5.1 Continued from May 26, 2021 - Case 116-20 -Accept the Affidavit(s) of Non-Compliance for respondent(s) Robert Spartz at 1641 EI Tair Trail for Residential Rental Business Tax Receipt and Roof Maintenance. (Phillips) No one was present to represent the Respondent. Member Kohut 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. 5.2 Continued from May 26, 2021, Continue to July 28, 2021 - Case 22-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Sixteen Red LLC at 610 S Betty Ln. for Exterior Surfaces. (Kasman) Case 22-21 was continued to July 28, 2021. Page 19 City of Clearwater Municipal Code Enforcement Board Meeting Minutes June 23, 2021 5.3 Continued from May 26, 2021, Continue to July 28, 2021 - Case 23-21 - Accept the Affidavit(s) of Non -Compliance for respondent(s) Sixteen Red LLC at 616 S Betty Ln. for Exterior Surfaces. (Kasman) Case 23-21 was continued to July 28, 2021. 6. Other Board Action 6.1 Case 129-16 - Request to stop lien accrual for Jose Diaz & Margaret Smith at 1862 Dawn Dr. in violation of code for Residential Grass Parking, Hauling Trailer, Inoperative Vehicle, and Fences and Walls. (Odegaard) Member Kohut moved to stop the lien accrual for Jose Diaz & Margaret Smith at 1862 Dawn Dr. in violation of Code for Residential Grass Parking, Hauling Trailer, Inoperative Vehicle, and Fences and Walls. The motion was duly seconded and carried unanimously. 7. Nuisance Abatement Lien Filings: None. 8. Adjourn The meeting adjourned at 4:17 p.m. Attest: a Code hair, Munici Secretary to the B City of Clearwater Page 20 p Enforcement Board