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11/17/2021 Municipal Code Enforcement Board Meeting Minutes November 17, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m s Meeting Minutes Wednesday, November 17, 2021 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 Roll Call Present 7 - Board Member Lina Teixeira, Board Member Sarah L. Davis, Chair Nicole Bray, Vice Chair KerryAnn Rainey, Board Member David Farrar, Board Member Greg Brown, and Board Member Peter Kohut Also Present - Andy Salzman —Attorney for the Board, Matthew Mytych —Assistant City Attorney, and 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 October 27, 2021 Municipal Code Enforcement Board meeting as submitted in written summation. Member Farrar moved to approve minutes of the October 27, 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 New Business Items 4.1 WITHDRAWN - Continued from Sept. 22 & Oct. 27, 2021 - Case 130-21 - Find respondent(s) Michele Clark at 1149 LaSalle St. in violation of Code for Permits; and issue an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 (Cantrell) Case 130-21 was withdrawn. 4.2 Case 141-21 - Find respondent(s) A E C Sunset Point LLC at 2750 Sunset Point Rd. in violation of Code for Inoperative Vehicles; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) AND Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 4.3 Case 142-21 - Find respondent(s) A E C Sunset Point LLC at 2754 Sunset Point Rd. in violation of Code for Inoperative Vehicles; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) Respondent Kamran Rouhani and his attorney Brian Aungst were present. Inspector Shelby Brown said compliance had been met and requested a declaration of violation. She presented April 23, 2021 property photos of trailers with expired tags and two semi-tractor trailers, one white, one yellow, with flat tires and no tags. The May 20, 2021 Notice of Violation had a compliance date of June 21, 2021, later extended to July 21, 2021. An August 26, 2021 property photo showed the two semi-tractor trailers. November 2, 2021 property photos showed the semi-tractor trailers had been removed and a trailer with an expired tag. Assistant City Attorney Matthew Mytych read from Florida Statutes that stated if a violation is not corrected by the compliance date, the case may be presented to the Code Board even if the violation was later corrected. Attorney Aungst requested the board not find Mr. Rouhani in violation as compliance had been met. He said the property was under a development agreement, part of the property was used as an urban farm which benefited the community. He said Mr. Rouhani and he had met with staff and emailed the City in July explaining they were registering the trailers. He said they had thought all the trailers were in compliance but had mistaken the semi-tractor trailers for shipping containers used for the farm. He said the semi-tractor trailers, which were not visible from the right-of-way, had been on site for almost 15 years. Attorney Aungst said when staff advised them that the semi-tractor trailers were out of compliance, they tried to title them but could not locate VINs (Vehicle Identification Numbers). He said on November 1, 2021, he advised Inspector Brown via email that the semi-tractor trailers had been towed from the property. He said while the property had been technically out of compliance, Mr. Rouhani had taken the issue seriously and worked in good faith to comply. He said Mr. Rouhani had no control over the expired tag on the vendor's trailer in the November 2, 2021 photo. He said it was not necessary to set up Mr.Rouhani for repeat fines. Rolan Milam said he owned the organic farm across the street. He said Mr. Rouhani should be applauded for creating an urban farm. He expressed concern that breweries were permitted to have similar vehicles on their properties. Attorney Mytych presented the May 20, 2021 Notice of Violation which stated the semi-tractor trailers, one white and one yellow, were in violation,- there iolation,there should have been no confusion re compliance requirements. The City Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 wanted the property to remain in compliance. Attorney Mytych submitted composite exhibits. Member Farrar moved to find the Respondent for Cases 141-21 and 142-21 was in violation of the City of Clearwater Code as referred to in the affidavit in these cases, 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 Case 143-21 - Find respondent(s) James A Domke at 2865 Catherine Dr. in violation of Code for Public Nuisance Condition (Pool) and Inoperative Vehicles; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) No one was present to represent the Respondent. Inspector Shelby Brown said compliance had been met for the inoperative vehicles and requested a declaration of violation. The swimming pool, a breeding ground for mosquitoes, remained out of compliance. She presented property photos of the swimming pool. The bottom of the swimming pool was not visible through the opaque, unfiltered black/green water. She recommended compliance by November 27, 2021 or a fine of $250 per day be imposed for the Public Nuisance Condition. 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 for the inoperative vehicles, 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. In response to a question, Inspector Brown said the property owner felt it was his business that his swimming pool was in its current condition. 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 for the Public Nuisance Condition of the swimming pool. The motion was duly seconded and carried unanimously. Attorney Mytych submitted composite exhibits. Member Farrar moved to enter an order requiring the Respondent to correct the swimming pool violation on or before November 27, 2021. If the Respondent does not comply within the time specified, the Board Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 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. 4.5 Case 144-21 - Find respondent(s) John & Leann Mosher at 3308 Sandy Ridge Dr. in violation of Code for Parking Lot Surfaces, Landscape Required, & Parking on an Unpaved Area; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) 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 Shelby Brown provided property photos that showed a vehicle parked on the portion of yard next to the driveway covered with shells, an unapproved landscape covering. She recommended compliance by December 17, 2021 or a fine of$150 per day per violation be imposed for the 1) Parking Lot Surfaces & Landscape violations and 2) Parking on an Unpaved Area. In response to a question, she said one vehicle can be parked on the grass parallel and adjacent to the driveway. There is no grass next to the driveway, the shells next to the driveway are an illegal parking lot surface and landscape cover. Attorney Mytych submitted composite exhibits. Member Teixeira moved to enter an order requiring the Respondent to correct the violations on or before December 17, 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. 4.6 Case 145-21 - Find respondent(s) St. Philopateer Property Investment LLC at 773 Island Way 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. Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 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. 4.7 Case 146-21 - Find respondent(s) Greg & Nanette Zipadelli at 1825 Venetian Point 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 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. 4.8 Case 169-21 - Find respondent(s) Glengomna Trust at 1725 Flagler Dr. 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 presented property photos. The multi-unit property was almost completely destroyed by a structure fire. The Fire Department had boarded the windows. Inside damage was significant and the roof, trusses, HVAC, plumbing, and electrical were destroyed. He had not heard anything from the property owner. He recommended compliance by obtaining permits by December 17, 2021 and completing repairs by March 17, 2022 or a fine of$150 per day be imposed for the unsafe structure with life and safety violations and authorization for the City to take corrective action. Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 Attorney Mytych submitted composite exhibits. Member Farrar moved to enter an order requiring the Respondent to correct the violations by obtaining required permits by December 17, 2021 and completing repairs on or before March 17, 2022. If the Respondent does not comply by those dates, 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. 4.9 Continue to January 26, 2022 - Case 170-21 - Find respondent(s) Mark Couture at 611 Lembo Cir. in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Case 170-21 was continued to January 25, 2022. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 116-20 Affidavit of Compliance Robert Spartz 1641 EI Tair Trl. Roof Maintenance - Phillips 5.1.2 Case 67-21 Affidavit of Compliance May Ren 743 Fairwood Ln. Short Term Rental - Phillips 5.1.3 Case 85-21 Affidavit of Compliance Robert Spartz 1651 Misty Plateau Trl Unsafe Building - Cantrell 5.1.4 Case 96-21 Affidavit of Compliance Leonardo Varela 1465 Sunset Point Rd. Window Signs - Phillips Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 5.1.5 Case 98-21 Affidavit of Compliance Valli Subramanian 820 S Ft Harrison Ave. Signage without Permits - Phillips 5.1.6 Case 112-21 Affidavit of Compliance Tonie Burgos 1487 Drew St. Landscaping - Kasman 5.1.7 Case 118-21 Affidavit of Compliance Pierce Waverly LLC 1313 Pierce St. Exterior Surfaces - Kasman Member Farrar moved to accept the Affidavits of Compliance for Cases 116-20, 67-21, 85-21, 96-21, 98-21, 112-21, and 118-21. The motion was duly seconded and carried unanimously. 5.2 Case 79-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Robert Spartz at 1651 Misty Plateau Trl for Exterior Surfaces and Fence Maintenance. (Phillips) Property owner Robert Spartz reviewed difficulties he had repairing his EI Tair property. He said it had taken a long time to remove the swimming pool at the Misty Plateau property. He said the removal equipment had scraped the side of the house and hit the corner of the roof. He presented a November 2, 2021 repair contract from a roofing company. Inspector Julie Phillips presented property photos of the violations. November 16, 2021 property photos showed fence posts, concrete pavers lined against the house to hide the missing stucco along the bottom of the structure that was visible in April property photos, wood leaned against a rotting portion of the house, and the hole in the fascia unchanged since April property photos. Mr. Spartz said the fence posts remained to mark the property line and help the neighbor who wanted to replace the fence. He said he could not repair the fascia before the swimming pool was removed. He said the contractor had messed up his stucco. He said the contract for the roof included stucco repairs but nothing could be done until February due to supply disruptions. Concerns were expressed that the roofing contract did not list stucco repairs. It was noted while Mr. Spartz had until September 23, 2021 to comply, the roofing contract was dated in November and did not list repairs required by the Board's June 23, 2021 order. Inspector Phillips said the stucco damage and fence could have been Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 17, 2021 repaired earlier, neighbors have had to deal with the violations for an excessive length of time. She said the HOA had made the initial complaint. Attorney Mytych said the roofing company was not licensed to repair stucco. Attorney Mytych submitted composite exhibits. Member Farrar 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. 5.3 WITHDRAWN - Case 85-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Robert Spartz at 1651 Misty Plateau Trl for Unsafe Building. (Cantrell) Case 85-21 was withdrawn. 5.4 Case 96-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s Leonardo Varela at 1465 Sunset Point Rd. for Signage without Permit. (Phillips) No one was present to represent the Respondent. Attorney Mytych submitted composite exhibits. Member Farrar 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. 5.5 Continue to December 15, 2021 - Case 105-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Muhamed Faour at 843 Lantana Ave. for Permits. (Espinosa) Case 105-21 was continued to December 15, 2021. 6. Other Board Action: - None. 7. Nuisance Abatement Lien Filings 7.1 Case 157-21 - Accept the Nuisance Abatement Lien for respondent(s) Michael Munro at 2572 Deer Run E for Inoperative Vehicle; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Brown) No one was present to represent the Respondent. Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes Attorney Mytych submitted composite exhibits. November 17, 2021 Member Farrar 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. 7.2 WITHDRAWN - Case 168-21 - Accept the Nuisance Abatement Lien for respondent(s) Capital Covenant Group LLC at 1443 De Leon St. for Inoperative Vehicle; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Kasman) 8. Adjourn Attest: Case 168-21 was withdrawn. The meeting adjourned at 2:50 p.m. t Chair, Secret- to the Boa d Page 10 City of Clearwater cipa Code Enforcement Board