01/26/2022 Municipal Code Enforcement Board Meeting Minutes January 26, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, January 26, 2022
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 26, 2022
Roll Call
Present 5 - Chair Nicole Bray, Board Member David Farrar, Board Member Greg
Brown, Board Member Peter Kohut, and Board Member Sarah L.
Davis
Absent 2 - Vice Chair KerryAnn Rainey and Board Member Lina Teixeira
Also Present - Mariana Gallastegui —Attorney for the Board, Matthew Mytych —
Assistant City Attorney, Nicole Sprague — Secretary to the Board
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.
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.
2. Approval of Minutes
2.1 Approve the minutes of the December 15, 2021 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Kohut moved to approve minutes of the December 15, 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
Deloris and Dennis Nelson said they feared for their safety and requested
the status of the City's investigation into their neighbors'recent installation
of a very tall ham radio antenna structure.
Assistant Building Official Dana Root said a Stop Work Order had been
issued for the structure and the property owners were notified a permit is
required. There is no height limit for the antenna.
4. New Business Items
4.1 Continued from November 17, 2021 - 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)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 26, 2022
Property owner Mark Couture admitted to the violation.
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.
Mr. Couture hoped he would be allowed to keep the carport which protects
his vehicle and an elderly resident from inclement weather
Inspector Jason Cantrell provided a PowerPoint presentation of the
violation. Mr. Coulure's permit application lacked required engineering
drawings. He recommended compliance by February 26, 2022 or a fine of
$150 per day be imposed for the permit violation. Mr. Couture corrected 3
other violations.
Mr. Couture said he applied for a permit after the carport was built. The City
advised him re the 1.5-foot setback discrepancy. He said engineers he had
contacted would not produce engineering drawings.
A lower fine was recommended.
Assistant City Attorney Matthew Mytych submitted composite exhibits.
Member Brown moved to enter an order requiring the Respondent to
correct the violation on or before February 26, 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 Farrar, Kohut, Brown, and Chair Bray voted
"Aye"; Member Davis voted "Nay." Motion carried.
4.2 Continued from December 15, 2021 - 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)
Jerry Robinson admitted to the violation.
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.
Mr. Robinson said his mother, the homeowner, was deceased. He said he
just learned that his younger brother had not maintained the house. He said
he was obtaining quotes to make necessary repairs and was looking into
selling the property. He said he knew a permit may be required.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 26, 2022
Inspector Rebecca Mulder provided a PowerPoint presentation of the
violation. She recommended compliance in 30 days or a fine of$150 per
day be imposed for the roof maintenance clean roof violation.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before February 26, 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.
4.3 Case 01-22 - Find respondent(s) Eugene and Nadia Sanguinetti at 3460 Countryside
Blvd #65 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. (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.
4.4 WITHDRAWN - Case 02-22 - Find respondent(s) LAHUTI Rev Trust Agreement at 1545
Bonair St. in violation of Code for Residential Rental Business Tax Receipt and
Permitted Uses - Halfway House; and issue an order with the compliance deadline and
fine if compliance is not met. (Phillips)
Case 02-22 was withdrawn.
4.5 Case 03-22 - Find respondent(s) Advanta IRA Services LLC at 1263 Santa Rosa St. in
violation of Code for Grass Parking; 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 Brown moved to find the Respondent(s) in violation of the City
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 26, 2022
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 February 1, 2022 or
a fine of$150 per day be imposed for the grass parking violation on a
commercial property.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before February 1, 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 04-22 - Find respondent(s) Julia Lynn Soto at 1006 Druid Rd. in violation of Code
for Exterior Surfaces; 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 Davis 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 WITHDRAWN - Case 05-22 - Find respondent(s) Ana Torres Pabon at 1450 Franklin 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 05-22 was withdrawn.
4.8 WITHDRAWN - Case 06-22 - Find respondent(s) Julian Everett Lopez, Loretta Lopez
Ward Est. at 549 Woodlawn St. in violation of Code for Lot Clearing; and issue an order
with the compliance deadline and fine if compliance is not met. (Touray)
Case 06-22 was withdrawn.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 26, 2022
4.9 WITHDRAWN - Case 07-22 - Find respondent(s) Double D Investments at 901 Belleair
Rd Lot 14 in violation of Code for Exterior Storage; and issue an order with the
compliance deadline and fine if compliance is not met. (Touray)
Case 07-22 was withdrawn.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 08-21 Affidavit of Compliance
Gary Perkins
1505 Laura St.
Residential Rental Business Tax Receipt - Kasman
5.1.2 Case 46-21 Affidavit of Compliance
Ilhan Bilgutay
503 N Garden Ave.
Exterior Surfaces - Dixon
5.1.3 Case 143-21 Affidavit of Compliance
James Domke
2865 Catherine Dr.
Public Nuisance Condition (Pool) - Brown
5.1.4 Case 148-21 Affidavit of Compliance
1446 Gulf to Bay LLC
1446 Gulf-to-Bay Boulevard
Permits - Swinton
5.1.5 Case 159-21 Affidavit of Compliance
David Bryan
3158 San Mateo St.
Inoperative Vehicle (Boat Trailer) - Brown
Member Farrar moved to accept the Affidavits of Compliance for Cases
8-21, 46-21, 143-21, 148-21, and 159-21. The motion was duly seconded
and carried unanimously.
5.2 Case 133-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Dennis Hill at
204 Pennsylvania Ave for Exterior Surfaces. (Dixon)
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 26, 2022
See below for motion to accept.
5.3 Case 135-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Christine
Dorcelus at 214 S Highland Ave. for Delinquent Business Tax Receipt. (Kasman)
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
Member Kohut moved to accept the Affidavits of Non-Compliance for
Cases 133-21 and 135-21 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.
5.4 Continue to March 23, 2022 - Case 155-21 -Accept the Affidavit(s) of Non-Compliance
for respondent(s) Michael Chiavatti at 599 Bay Esplanade for Permits. (Cantrell)
Case 155-21 was automatically continued to March 23, 2022.
5.5 Continue to February 23, 2022 - Case 156-21 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Dennis Hill at 204 Pennsylvania Ave. for Unsafe
Building. (Cantrell)
Case 156-21 was automatically continued to February 23, 2022.
6. Other Board Action
6.1 Election of Officers.
Member Brown moved to reappoint Nicole Bray as Chair. The motion
was duly seconded and carried unanimously.
Member Kohut moved to appoint David Farrar as Vice Chair. The
motion was duly seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 Case 15-22 - Accept the Nuisance Abatement Lien for respondent(s) Commercial Realty
Partners LLC at 1185 Court 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. (Kasman)
No one was present to represent the Respondent.
Attorney Mytych submitted composite exhibits.
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City of Clearwater
Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes January 26, 2022
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.
The meeting adjourned at 2:10 p.m.
Chair, Murtiicipal 'Code Enforcement Board
Secre ary to the Bo
City of Clearwater
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