12/15/2021 Municipal Code Enforcement Board Meeting Minutes December 15, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, December 15, 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 December 15, 2021
Roll Call
Present 5 - Chair Nicole Bray, Vice Chair KerryAnn Rainey, Board Member David
Farrar, Board Member Peter Kohut, and Board Member Lina Teixeira
Absent 2 - Board Member Greg Brown, 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 November 17, 2021, Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Farrar moved to approve minutes of the November 17, 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 Case 158-21 - Find respondent(s) Darry Bouie at 2432 Bond Ave. in violation of Code
for Exterior Surfaces and Roof Maintenance; 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 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 Shelby Brown recommended compliance by January 15, 2022
or a fine of$150.00 per day per violation be imposed for the 1) Exterior
Surfaces and 2) Roof Maintenance violations.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 15, 2021
Assistant City Attorney Matthew Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before January 15, 2022. 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.
4.2 Case 159-21 - Find respondent(s) David Bryan at 3158 San Mateo St. in violation of
Code for Exterior Surfaces, Inoperative Vehicle, and Lot Clearing; 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 Exterior
Surfaces and Lot Clearing violations and requested a declaration of
violation.
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
Exterior Surfaces and Lot Clearing violations, 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
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.
Inspector Brown recommended compliance by January 15, 2022 or a fine
of$150 per day be imposed for the Inoperative Vehicle violation.
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 for
Inoperative Vehicle violation. 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 Inoperative Vehicle violation on or before January 15, 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 15, 2021
4.3 Case 160-21 - Find respondent(s) Valarie Washington at 1147 Engman St. in violation of
Code for Exterior Surfaces, Clean Roof, and Abandoned Building; and issue an order
with the compliance deadline and fine if compliance is not met. (Dixon)
Property owner Valarie Washington admitted to the violations. She said she
now had funds and was working to hire contractors to repair the house.
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 January 15, 2022
or a fine of$150 per day per violation be imposed for the 1) Exterior
Surfaces, 2) Clean Roof, and 3) Abandoned Building Maintenance
violations. The City would accept extending the deadline.
Attorney Mytych submitted composite exhibits.
Member Teixeira moved to enter an order requiring the Respondent to
correct the violations on or before March 15, 2022. 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.
4.4 Case 161-21 - Find respondent(s) T A H 2017 2 Borrower LLC at 111 N Hercules 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)
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 recommended compliance by January 15,
2022 or a fine of$150 per day be imposed for the Residential Rental
Business Tax Receipt violation.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before January 15, 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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 15, 2021
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 162-21 - Find respondent(s) George Dybowski at 1451 Cleveland St. in violation of
Code for Exterior Storage; 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 January 15, 2022 or
a fine of$150 per day be imposed for the Exterior Storage violation.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before January 15, 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.
4.6 Case 163-21 - Find respondent(s) Lincoln Square Clearwater LLC at 1221 Rogers St. in
violation of Code for Exterior Surfaces and Roof Maintenance; and issue an order with
the compliance deadline and fine if compliance is not met. (Kasman)
Property owner Shannon Seymour admitted to the violations.
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 recommended compliance by January 15,
2022 or a fine of$150 per day per violation be imposed for the 1) Exterior
Surfaces and 2) Roof Maintenance violations.
Ms. Seymour said she had not received notices re the violations via mail.
She said she would update her contact information with the Property
Appraiser's Office. She said it had been difficult to hire contractors to
correct the violations.
Attorney Mytych submitted composite exhibits.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 15, 2021
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before January 15, 2022. 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.
4.7 Case 164-21 - Find respondent(s) Willard Cross and Jennifer Davidson at 3179
Downing Street in violation of Code for Exterior Surfaces; and issue an order with the
compliance deadline and fine if compliance is not met. (Brabant)
No one was present to represent the Respondent.
Inspector William Brabant 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.
4.8 Case 165-21 - Find respondent(s) Mary Robinson Est at 1116 Beachwood Ave. in
violation of Code for Roof Maintenance; and issue an order with the compliance deadline
and fine if compliance is not met. (Mulder)
Case 165-21 was continued to January 26, 2022.
4.9 Case 171-21 - Find respondent(s) Fred Poe and Kathryn Douglas at 619 Island Way in
violation of Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Attorney Brian Aungst, representing that property owners, was present.
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 recommended compliance by obtaining a
permit by January 18, 2022 and completing all permitted work by April
14, 2022 or a fine of$150 per day be imposed for the Permit violation.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 15, 2021
Attorney Aungst requested additional time for the property owners to
obtain the permit. He said they had not known a permit was required to
expand the deck that was present when they purchased the property, the
deck never was permitted. He said the owners wanted to remove the
expansion and obtain a permit for the unpermitted deck.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before March 15, 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, Teixeira and Chair Bray voted
"Aye"; Member Kohut voted "Nay." Motion carried.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 79-21 Affidavit of Compliance
Robert Spartz
1651 Misty Plateau Trl
Exterior Surfaces/Fences & Walls - Phillips
5.1.2 Case 101-21 Affidavit of Compliance
Cypress Plaza Clearwater LLC
23492 US Highway 19
Attached Signs - Phillips
Member Teixeria moved to accept the Affidavits of Compliance for
Cases 79-21 and 101-21. The motion was duly seconded and
carried unanimously.
5.2 Continued from November 17, 2021 - Case 105-21 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Muhamed Faour at 843 Lantana Ave. for Permits.
(Espinosa)
No one was present to represent the Respondent.
See below for motion to accept the Affidavit of Non-Compliance and
issue order.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 15, 2021
5.3 WITHDRAWN - Case 101-21 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Cypress Plaza Clearwater LLC at 23490 US Highway 19 for Attached
Signs. (Phillips)
Case 101-21 was withdrawn.
5.4 Case 107-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) FYR SFR
Borrowers LLC c/o Havenbrook Homes at 1310 S Washington Ave. for Permits.
(Swinton)
No one was present to represent the Respondent.
See below for motion to accept the Affidavit of Non-Compliance and
issue order.
5.5 Case 108-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Dennis Hill at
204 Pennsylvania Ave. for Hauling Trailer, Exterior Storage, and Inoperative Vehicle.
(Dixon)
No one was present to represent the Respondent.
See below for motion to accept the Affidavit of Non-Compliance and
issue order.
5.6 Case 115-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) JME Trust at
1423 Park St. for Residential Rental Business Tax Receipt. (Kasman)
No one was present to represent the Respondent.
Member Farrar moved to accept the Affidavits of Non-Compliance
for Cases 105 21, 107-21, 108-21 and 115-21 and issue orders that
state 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: None.
7. Nuisance Abatement Lien Filings
7.1 Case 166-21 - Accept the Nuisance Abatement Lien for respondent(s) 30 Days Real
Estate Corp Tre, at 1146 Engman St. at 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.
See below for motion to accept order.
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City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes December 15, 2021
7.2 Case 167-21 - Accept the Nuisance Abatement Lien for respondent(s) Raymond Richeal
at 807 Hart 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.
Member Farrar moved to enter an order finding the Respondents
for Cases 166 21 (PNU2021 01539) and 167 21 (PNU2021 01533) in
violation of the City of Clearwater Code and requiring the
Respondents to correct the violations within five days of the
Board's written order. 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 each property. After 3 months from
the recordation date of such lien, if the costs remain unpaid, the
City Attorney's office is authorized to foreclose, collect or settle
such lien using any legal or equitable remedies available under
the law. The motion was duly seconded and carried unanimously.
Adjourn
The meeting adjourned at 2:35 p.m.
Chair, Municipal Code En . ent Board
Attest:
Se etary to the
City of Clearwater
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