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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 Page 1 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 New Business Items 4.1 WITHDRAWN - Continued from August 25 and September 22, 2021 - Case 95-21 - Find respondent(s) Allen Dodd at 3013 Sarah Dr.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 (Swinton) Case 95-21 was withdrawn. 4.2 Continued from August 25 and September 22, 2021 - Case 102-21 - Find respondent(s) Thomas & Dorothy Jessup at 1770 Drew St. in violation of Code for Sign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 Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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. Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 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. 4.6 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 Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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 Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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. Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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 Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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. Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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. Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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. Page 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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 Page 11 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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. Page 12 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 27, 2021 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. Page 13 City of Clearwater Municipal Code Enforcement Board Meeting Minutes 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 Page 14 City of Clearwater I Code