10/27/2021 Municipal Code Enforcement Board Meeting Minutes October 27, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
m
s
Meeting Minutes
Wednesday, October 27, 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 October 27, 2021
Roll Call
Present 7 - Chair Nicole Bray, Vice Chair KerryAnn Rainey, Board Member David
Farrar, Board Member Greg Brown, Board Member Peter Kohut, Board
Member Lina Teixeira, and Board Member Sarah L. Davis
Also Present - Andy Salzman —Attorney for the Board, Matthew Mytych —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 minutes of the September 22, 2021 Municipal Code Enforcement Board as
submitted in written summation.
Member Teixeira moved to approve minutes of the September 22, 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4.1 WITHDRAWN - Continued from August 25 and September 22, 2021 - Case 95-21 - Find
respondent(s) Allen Dodd at 3013 Sarah Dr. in violation of Code for Permits; and issue
an order with the compliance deadline and fine if compliance is not met. (Swinton)
Case 95-21 was withdrawn.
4.2 Continued from August 25 and September 22, 2021 - Case 102-21 - Find respondent(s)
Thomas & Dorothy Jessup at 1770 Drew St. 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.
Inspector Julie Phillips said compliance had been met and requested a
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declaration of violation.
Attorney Mytych submitted composite exhibits.
Member Brown 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 Continued from Sept. 22, 2021, Continue to Nov. 17, 2021 - Case 130-21 - Find
respondent(s) Michele Clark at 1149 LaSalle St. in violation of Code for Permits; and
issue an order with the compliance deadline and fine if compliance is not met. (Cantrell)
Case 130-21 was continued to November 17, 2021.
4.4 Case 131-21 - Find respondent(s) Lindsey Corbett at 319 Venetian 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 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 Case 132-21 - Find respondent(s) Waterside Automotive LLC at 19500 US Highway 19
N in violation of Code for Discontinued 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 Julie Phillips said compliance had been met and requested a
declaration of violation.
Attorney Mytych submitted composite exhibits.
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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.
4.6 Case 133-21 - Find respondent(s) Dennis Hill at 204 Pennsylvania 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.
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 Gregory Dixon recommended compliance by November 26,
2021 or a fine of$150 per day be imposed for the exterior surfaces
violation. He presented July 1, August 3, and September 20, 2021
photos of the violation.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before November 27, 2021. If the
Respondent does not comply within the time specified, the Board may
order a fine of $150 per day for each day the violation continues to
exist. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.7 Case 134-21 - Find respondent(s) Daniel Venegas at 111 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.
Member Farrar moved to find the Respondent was in violation of
the City of Clearwater Code as referred to in the affidavit in this
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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 Case 135-21 - Find respondent(s) Christine Dorcelus at 214 S Highland Ave. in violation
of Code for Delinquent 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 Farrar moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Kasman recommended compliance by November 27,
2021 or a fine of$150 per day be imposed for the Delinquent Business
Tax Receipt violation. The owner rents the property on and off and was
previously cited for multiple violations. He has been unable to contact the
owner recently.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before November 27, 2021. If the
Respondent does not comply within the time specified, the Board may
order a fine of $150 per day for each day the violation continues to
exist. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.9 WITHDRAWN - Case 136-21 - Find respondent(s) Natasha Angell at 913 Turner St. in
violation of Code for Delinquent Business Tax Receipt; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
Case 136-21 was withdrawn.
4.10Case 137-21 - Find respondent(s) James Guinand at 1537 Drew St. in violation of Code
for Residential Grass Parking, Door and Window Openings, Exterior Storage, and Public
Nuisance Condition; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
Property owner James Guinand denied several violations.
Inspector Daniel Kasman provided a PowerPoint presentation. In response
to neighbor complaints, he visited the house and observed strong offensive
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odors, flies buzzing around piles of food in the front, significant storage in the
carport and backyard, boarded windows, pigs in pens abutting the
neighbor's property line, a goat in the backyard, and vehicles on jacks in the
rear, he explained the violations to the property owner. He presented photos
of the violations. On August 9, 2021, he could smell a strong odor of animal
feces and rotting food from the public sidewalk and the goat was chained in
the front yard. The property owner had removed some of the outdoor
storage. On October 25, 2021, items were still strewn across the backyard,
the animals remained, a new food delivery was on the front porch, and the
strong odor of animal feces and rotting food was evident. Only the Police
Department can enforce the law prohibiting animals in the City.
Mr. Guinand said the property was zoned agriculture when his grandfather
purchased it in the 1920s. He said the animals is his yard were pets, not
livestock. He said he was told he could tie his goat in the front yard to act
as a lawnmower. He said he could not replace the apron where he used to
park his truck, it was removed when Drew Street was widened. He said he
could not stop visitors from parking on his front grass, no one could park on
Drew Street. He said his driveway ran to the back of his property. He said he
had replaced some windows but could not afford to replace the remainder.
He said the odor of grains was the same as bread. He said he cleaned up all
the feces daily and stored them in containers which he could not remove
every day. He said the City kept changing its rules since he purchased the
family property more than 20 years ago. He said he could not do anything
about the City's smelly pond behind his house. He said he needed to store
his tools in his carport. He said he would have to sell his house.
Member Farrar moved to find the Respondent 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 November 27,
2021 or a fine of$150 per day per violation be imposed for the 1)
Residential Grass Parking, 2) Door& Window Openings, 3) Exterior
Storage and 4) Public Nuisance Odor violations. He said the boarded
windows could be repaired with new panes of glass.
Assistant City Attorney Matthew Mytych submitted composite exhibits.
Member Brown moved to enter an order requiring the Respondent to
correct the violations on or before December 27, 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.
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4.11 Case 138-21 - Find respondent(s) 1163 Drew LLC at 1163 Drew St. in violation of Code
for Landscape; 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 Farrar moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Daniel Kasman recommended compliance by November 27,
2021 or a fine of$150 per day be imposed for the landscape violation.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before November 27, 2021. If the
Respondent does not comply within the time specified, the Board may
order a fine of $150 per day for each day the violation continues to
exist. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.12Case 139-21 - Find respondent(s) 1157 Drew LLC at 1157 Drew St. in violation of Code
for Landscape; 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 November 27,
2021 or a fine of$150 per day be imposed for the landscape violation.
He presented photos of the property which showed the front lawn had been
dug up and paved and the remainder of the yard had been covered with
rocks. The property owner did not obtain required permits.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before November 27, 2021. If the
Respondent does not comply within the time specified, the Board may
order a fine of $150 per day for each day the violation continues to
exist. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. The
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motion was duly seconded and carried unanimously.
4.13Case 147-21 - Find respondent(s) Egy Properties LLC at 3101 Brigadoon Dr. in violation
of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Swinton)
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 Sam Swinton recommended compliance by January 27, 2022
or a fine of$150 per day be imposed for the permits violation. He
presented photos of the unpermitted balcony under construction in the
rear of the home.
Attorney Mytych submitted composite exhibits.
Member Brown moved to enter an order requiring the Respondent to
correct the violation on or before January 27, 2022. 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. Members Rainey, Farrar, Brown, Teixeira, Davis, and Chair
Bray voted "Aye"; Member Kohut voted "Nay." Motion carried.
4.14Case 148-21 - Find respondent(s) 1446 Gulf to Bay LLC at 1446 Gulf to Bay Blvd. in
violation of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Swinton)
No one was present to represent the Respondent.
Member Farrar moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Sam Swinton recommended compliance by December 27,
2021 or a fine of$150 per day be imposed for the permits violation. He
had some communication with the property owner. He showed photos of
the rear of the commercial property where windows were being enclosed
without permits. The property had no active tenants. He said unpermitted
interior work on the site was done previously. He was unable to access the
interior.
Attorney Mytych submitted composite exhibits.
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Member Teixeira moved to enter an order requiring the Respondent to
correct the violation on or before December 27, 2021. If the Respondent
does not comply within the time specified, the Board may order a fine
of $150 per day for each day the violation continues to exist. If fines
and fees remain unpaid 3 months after such lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion was duly
seconded and carried unanimously.
4.15Case 149-21 - Find respondent(s) Eleonora lannetta & Thomas Drake at 1360 Tioga
Ave. in violation of Code for Permits; and issue an order with the compliance deadline
and fine if compliance is not met. (Swinton)
No one was present to represent the Respondent.
Member Farrar moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Sam Swinton recommended compliance by November 27,
2021 or a fine of$150 per day be imposed for the permits violation. He
spoke with the property owner previously re the unpermitted fence between
the duplex units in the front yard.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before November 27, 2021. If the
Respondent does not comply within the time specified, the Board may
order a fine of $150 per day for each day the violation continues to
exist. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.16Case 150-21 - Find respondent(s) May Ren at 743 Fairwood Dr. in violation of Code for
Permits; and issue an order with the compliance deadline and fine if compliance is not
met. (Swinton)
Property owner May Ren denied the violation. She said she learned
afterwards that the person who took her money and started work on her
property was not licensed.
Inspector Sam Swinton provided a PowerPoint presentation. Photos showed
a staircase under construction in the backyard for exterior access to the
second floor. Realtor.com photos showed an interior staircase to the second
floor. Photos submitted by a former tenant showed floor joists where the
interior staircase had been removed. The townhouse is not zoned
multifamily.
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Ms. Ren said it was difficult to find a contractor. She said she wanted to
apply for a license to divide her home and provide a separate unit for a
relative. She said she did not want to violate anything.
Neighbor Ramsey Josen said Ms. Ren's fence now blocked his water view
and reduced his property's value. He said Ms. Ren also had extended her roof.
Member Farrar moved to find the Respondent 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 Swinton said the fence was permitted. He did not know about
the roof extension. The Notice of Violation served as a Stop Work order.
He recommended compliance by obtaining all required building permits
on or before November 27, 2021 and scheduling, passing, and
completing all required inspections by December 27, 2021 or a fine of
$150 per day be imposed for the permits violation.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before December 27, 2021. If the Respondent
does not comply within the time specified, the Board may order a fine
of $150 per day for each day the violation continues to exist. If fines
and fees remain unpaid 3 months after such lien is filed, the City is
authorized to foreclose, collect or settle such lien. The motion was duly
seconded and carried unanimously.
4.17Case 155-21 - Find respondent(s) Michael Chiavatti at 599 Bay Esplanade in violation of
Code for Permits; 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 Farrar moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell provided a PowerPoint presentation He spoke
with property owner Michael Chiavatti in July and December 2020. Mr.
Chiavatti's engineer applied for permits in January 2021 but never obtained
them; the permits were voided in July. June 2020 photos showed a
dumpster in the driveway. A contractor allowed him inside to take photos of
new framing, missing fire separation between the multiple units, new
windows, exterior doors and garage doors, new condensers, new improperly
installed electrical and HVAC, new soffit and siding, and collapsing fences
and a new fence. None of the work was permitted.
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Inspector Cantrell recommended compliance by obtaining all required
building permits on or before November 27, 2021 and scheduling,
passing, and completing all required inspections by February 28, 2022,
or a fine of$150 per day be imposed for the permits violation.
An increase to the daily fine was recommended for the high-rent
multi-unit building.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation by obtaining all required building permits on or
before November 27, 2021 and by scheduling, passing, and completing
all required inspections by February 28, 2022. 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 156-21 - Find respondent(s) Dennis Hill at 204 Pennsylvania 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 Farrar moved to find the Respondent(s) in violation of the City
of Clearwater Code as referred to in the affidavit in this case. The
motion was duly seconded and carried unanimously.
Inspector Jason Cantrell provided a PowerPoint presentation on unsafe
violations at 204 Pennsylvania Avenue, which is not occupied. Photos
showed severe rot along the bottom edge of the home and a large void in
the ground in front of an exterior door. A support beam was on the ground
instead of on piers. He recommended compliance by obtaining all required
building permits by November 27, 2021 and scheduling, passing, and
completing all required inspections by January 27, 2022 or a fine of$150 per
day be imposed for the unsafe building violation.
Assistant City Attorney Mytych submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent to
correct the violation by obtaining all required building permits on or
before November 27, 2021 and scheduling, passing, and completing all
required inspections by January 27, 2022. If the Respondent does not
comply within the time specified, the Board may order a fine of$150
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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.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 19-20 Affidavit of Compliance
Jeffrey Rothschild
600 Edenville Ave.
Parking Lot Surfaces - Odegaard
5.1.2 Case 16-21 Affidavit of Compliance
Navnit & Anita Kundra
3013 Oakmont Dr.
Exterior Surfaces - Brown
5.1.3 Case 68-21 Affidavit of Compliance
Dunkin Donuts
600 S Missouri Ave.
Sign Maintenance - Phillips
5.1.4 Case 74-21 Affidavit of Compliance
Timothy Hall
1265 Park St.
Residential Rental BTR - Kasman
5.1.5 Case 78-21 Affidavit of Compliance
Anthony Vitucci
2317 Nash St.
Permits - Swinton
5.1.6 Case 100-21 Affidavit of Compliance
Biltmore Land Trust
401 S Belcher Rd.
Signage without Permits - Phillips
5.1.7 Case 128-21 Affidavit of Compliance
Gilbert Jannelli
2634 Woodring Dr.
Public Nuisance Condition - Brown
Member Ferrar moved to accept the Affidavits of Compliance for
Cases 19-20, 16-21, 68-21, 74-21, 78-21, 100-21 and 128-21. The
motion was duly seconded and carried unanimously.
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6. Other Board Action: None
7. Nuisance Abatement Lien Filings
7.1 Case 140-21 - Accept the Nuisance Abatement Lien for respondent(s) Clementine
Mallory at 1122 Tangerine St. for Public Nuisance Condition (Doors and Windows); 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.
See below for motion of approval.
7.2 WITHDRAWN - Case 151-21 - Accept the Nuisance Abatement Lien for respondent(s)
Constantine & Sophia Koutoufaris at 2174 Campus Dr. for Lot Clearing; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Sudduth)
Case 151-21 was withdrawn.
7.3 Case 152-21 - Accept the Nuisance Abatement Lien for respondent(s) Lincoln Square
Clearwater LLC at 1221 Rogers St #A for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Kasman)
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
See below for motion of approval.
7.4 Case 153-21 - Accept the Nuisance Abatement Lien for respondent(s) Zano Team 2 LLC
at 301 S Myrtle Ave. for Lot Clearing; and issue an order with the compliance deadline
and authorize the City to mitigate the violation if compliance is not met. (Kasman)
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
See below for motion of approval.
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October 27, 2021
7.5 Case 154-21 - Accept the Nuisance Abatement Lien for respondent(s) Zano Team 2 LLC
at 815 Pierce 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. (Kaman)
8. Adjourn
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order for Cases 140-21, 152-21,
153-21, and 154-21 finding the Respondents in violation of the City of
Clearwater Code and requiring the Respondents to correct the
violations within five days of the Board's written orders. If the
Respondents do not comply within the time specified, the City may
take all reasonable actions, including entry onto each property, to
abate and maintain the nuisance, and charge the Respondents with the
reasonable costs which will become a lien on the subject properties. If
costs, fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such liens. The
motion was duly seconded and carried unanimously.
The meeting adjourned at 3:02 p.m.
Chair, Muni Enforcement Board
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