07/28/2021 Municipal Code Enforcement Board Meeting Minutes July 28, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
m
Meeting Minutes
Wednesday, July 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 July 28, 2021
Roll Call
Present 6 - Acting Chair David Farrar, Vice Chair Kerry Fuller, Board Member
Nicole Bray, Board Member Greg Brown, Board Member Peter
Kohut, and Board Member Lina Teixeira
Also Present - Andy Salzman —Attorney for the Board, Matthew Mytych —Assistant
City Attorney, Nicole Sprague — Secretary to the Board, Patricia O.
Sullivan — Board Reporter
1. Call To Order
The Acting 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 Acting 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 June 23, 2021 Municipal Code Enforcement Board
as submitted in written summation.
Member Teixeira moved to approve minutes of the June 23, 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4.1 WITHDRAWN - Continued from May 26, 2021, Continue to August 25, 2021 - Case
77-21 - Find respondent(s) Marjorie Connelly, Kevin Kincaid, & Maris Leineweber at 151
Devon Dr. in violation of Code for Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Swinton)
Case 77-21 was withdrawn.
4.2 WITHDRAWN - Case 84-21 - Find respondent(s) Christopher Leon at 1742 Sharondale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)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 28, 2021
Case 84-21 was withdrawn.
4.3 WITHDRAWN - Continued from June 23, 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 withdrawn.
4.4 Case 88-21 - Find respondent(s) Kunal Jain at 3277 Beaver 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 Mytych 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.
4.5 Case 89-21 - Find respondent(s) Elsido Luciano & Arianna Valdes at 1701 Marion St. 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 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 28, 2021
4.6 WITHDRAWN - Case 94-21 - Find respondent(s) Predictable Construction Inc. at 905
Engman St. in violation of Code for Permits; and issue an order with the compliance
deadline and fine if compliance is not met. (Swinton)
Case 94-21 was withdrawn.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 107-18
Lourdes T Santiago
300 Windward Is
Short Term Rental/Residential Rental BTR - Phillips
5.1.2 Case 47-19
Burton, Ruthann J Tre
1830 Murray Ave.
Roof Maintenance - Della Volpe
5.1.3 Case 116-20
Robert A Spartz
1641 EI Tair Trl.
Residential Rental BTR - Phillips
5.1.4 Case 33-21
EQUTALT QOZ FL Holdings LLC
403 Jasmine Way
Lot Clearing - Dixon
5.1.5 Case 35-21
Totten, Marilyn Trust
1279 Druid Rd.
Hauling Trailer - Touray
5.1.6 Case 64-21
Douglas E Fischer
10 N Aurora Ave.
Inoperative Vehicle - Kasman
Member Kohut moved to accept the Affidavits of Compliance for Cases
107-18, 47-19, 116-20, 33-21, 35-21, and 64-21. The motion was duly
seconded and carried unanimously.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 28, 2021
5.2 Continued from November 18, 2020 - Case 19-20 -Accept the Affidavit(s) of
Non-Compliance for respondent(s) Jeffrey Rothschild at 600 Edenville Ave. for Parking
Lot Surfaces. (Odegaard)
Case 19-20 was continued automatically to August 25, 2021.
5.3 Continue to August 25, 2021, Continued from May 26 and June 23, 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 automatically to August 25, 2021.
5.4 Continue to August 25, 2021, Continued from May 26 and June 23, 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 automatically to August 25, 2021.
5.5 Continue to August 25, 2021 - Case 35-21 - Accept the Affidavit(s) of Non-Compliance
for respondent(s) Totten, Marilyn Trust at 1279 Druid Rd. for Vehicle Repair, Residential
Grass Parking, Inoperative Vehicles, and Canvas Structure. (Touray)
Case 35-21 was continued automatically to August 25, 2021.
5.6 WITHDRAWN - Case 64-21 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Douglas Fischer at 10 N. Aurora Ave. for Inoperative Vehicle. (Kasman)
Case 64-21 was withdrawn.
5.7 Case 65-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Mohamed
Abdurrahman at 1565 S Prospect Ave. for Unsafe Building. (Cantrell)
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
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.
6. Other Board Action
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City of Clearwater
Municipal Code Enforcement Board
6.1 Election of Officers.
Meeting Minutes July 28, 2021
Member Fuller moved to appoint Nicole Bray as Chair. The motion was
duly seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 Case 104-21 (PNU2021-00891) - Accept the Nuisance Abatement Lien for
respondent(s) Clementine Mallory at 1122 Tangerine St. for Lot Clearing; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Dixon)
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
Member Bray moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the
Respondent to correct the violations within five days of the
Board's written order. If the Respondent does not comply within
the time specified, the City may take all reasonable actions,
including entry onto the property, to abate and maintain the
nuisance, and charge the Respondent with the reasonable 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.
8. Adjourn
The meeting adjoumed at 1:39 p.m.
Chair, u icipal Code En orcement Board
Attest:
Secreta t• the Boar
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City of Clearwater