02/23/2022 Municipal Code Enforcement Board Meeting Minutes February 23, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
m
s
Meeting Minutes
Wednesday, February 23, 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 February 23, 2022
Roll Call
Present 7 - Chair Nicole Bray, Vice Chair David Farrar, Board Member KerryAnn
Rainey, Board Member Greg Brown, Board Member Peter Kohut,
Board Member Lina Teixeira (departed 2:56 p.m.), 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 January 26, 2022 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Farrar moved to approve minutes of the January 26, 2022
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 08-22 - Find respondent(s) Matthew Lau LLC at 300 S Arcturas 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 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 March 23, 2022
or a fine of$150 per day be imposed for the Residential Rental Business
Tax Receipt violation.
Assistant City Attorney Matthew Mytych submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes February 23, 2022
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before March 23, 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.
4.2 Case 09-22 - Find respondent(s) We Care Fashions Inc. at 807 Court St. in violation of
Code for Facade Lighting; 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
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 Case 10-22 - Find respondent(s) Boley Centers Inc. at 1451 Gulf to Bay Blvd. in violation
of Code for Site Lighting; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
A representative for the Respondent was present.
Inspector Daniel Kasman 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.
4.4 Case 11-22 - Find respondent(s) Shawn Shalin, Colin Shalin, and Rosemary Truisi at 801
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Municipal Code Enforcement Board Meeting Minutes February 23, 2022
Turner St. in violation of Code for Exterior Storage and Outdoor Display/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.
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
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 12-22 - Find respondent(s) Christopher Brinley at 2132 Academy Dr. in violation of
Code for Residential Rental Business Tax Receipt and Short Term Rental; and issue an
order with the compliance deadline and fine if compliance is not met. (Phillips)
Shawn Yesner 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 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.
4.6 Case 13-22 - Find respondent(s) David Stortz at 706 N Jefferson Ave. in violation of
Code for Residential Rental Business Tax Receipt and 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.
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Municipal Code Enforcement Board Meeting Minutes February 23, 2022
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 Case 16-22 - Find respondent(s) Robert and Crescensa Whitney at 1692 N Ft. Harrison
Ave. in violation of Code for Parking Lot Surfaces, Exterior Surfaces/Roof Maintenance,
and Door and Window Openings; and issue an order with the compliance deadline and
fine if compliance is not met. (Phillips)
Property owner Robert Whitney admitted to the violations. He said he had
filled the potholes and made other repairs.
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 Julie Phillips provided a PowerPoint presentation for 1692 N. Ft.
Harrison Avenue, presenting photos of the violations. She said by February
17, 2022, one exterior door had been boarded, some potholes filled, another
door was improperly replaced, and rotted wood, soffit, and fascia remained.
Mr. Whitney said he was not clear re necessary repairs. He requested
additional time.
It was recommended that Mr. Whitney work with the City re exterior work.
Inspector Phillips recommended compliance within 60 days or a fine of
$150 per day per violation be imposed for the 1) Parking Lot Surfaces, 2)
Exterior Surfaces/Roof Maintenance, and 3) Window Openings violations.
Attorney Mytych submitted composite exhibits.
Member Brown moved to enter an order requiring the Respondent to
correct the violations on or before April 24, 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.
4.8 Case 17-22 - Find respondent(s) Robert and Crescensa Whitney at 1680 N Ft. Harrison
Ave. in violation of Code for Exterior Surfaces; and issue an order with the compliance
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Municipal Code Enforcement Board Meeting Minutes February 23, 2022
deadline and fine if compliance is not met. (Phillips)
Property owner Robert Whitney admitted to the violation. He said he had
done some work. He agreed the building needed to be painted.
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 Julie Phillips provided a PowerPoint presentation for 1680 N. Ft.
Harrison Avenue, presenting photos of the violation. She recommended
compliance in 60 days or a fine of$150 per day be imposed for the Exterior
Surfaces violation.
Mr. Whitney said the building looked worse after he pressure washed it. He
said he planned to paint it and remove some landscaping.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before April 24, 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.
4.9 Case 18-22 - Find respondent(s) Kunal Jain at 3277 Beaver Dr. in repeat violation of
Code for Short Term Rental; and issue an order that a daily fine be imposed for each day
the repeat violation(s) existed. (Phillips)
Property owner Kunal Jain denied the repeat violation. He said his new
management company was unaware of City rental rules. He said while the
property was being rented for 30 days, he learned it was being advertised
as a short-term rental and immediately told the company to correct the site.
Inspector Julie Phillips provided a PowerPoint presentation on the repeat
violation at 3277 Beaver Dr. On July 28, 2021, the MCEB (Municipal Code
Enforcement Board) heard Case 88-21 and issued an order finding owner
Kunal Jain in violation for advertising the property for short-term rentals and
that the violation had been corrected prior to that hearing. On January 28,
2022, a neighbor complained that the property was being rented short-term.
Inspector Phillips presented screenshots of the Airbnb vacation rental
website advertisements as Prima Facie evidence for 3277 Beaver Drive:
January 28, 31, and February 1, 2022 screenshots advertised the property
for 6 and 7 night minimum stays and quoted rates for short-term rentals. On
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Municipal Code Enforcement Board Meeting Minutes February 23, 2022
February 9, 2022, the site had been updated to read "Monthly only."
Neighbor Brent Hall said the property has been a nuisance since Mr. Jain
purchased the home last year. He said weekly renters scream, yell, cuss,
and play loud music. He said Mr. Jain threatened him after he queried some
tenants. He said the ongoing disturbances have negatively affected his
special needs children.
Mr. Jain said the advertising mix-up was an honest mistake and he was
really sorry. He said he would limit rentals to 30 day minimums.
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 and has
committed a repeat violation. The motion was duly seconded and
carried unanimously.
Inspector Phillips said the website was corrected for February but needed
updating to reflect minimum stays during longer months. She recommended
a $500 per day fine be imposed for the 3 days, January 28, January 31, and
February 1, 2022, when the repeat violation for advertising an Illegal
Short-Term rental existed, for a total of$1,500.
Mr. Jain said his attorney said he could rent the property for 29 days
followed by 2 days of maintenance.
Attorney for the Board Andy Salzman said property advertisements and
rentals must meet Code which requires one full month minimum for rentals.
Attorney Mytych submitted composite exhibits.
Member Farrar moved to enter an order that a fine of $500 per
day per violation be imposed for the 3 days the repeat violations
existed for a total fine of$1,500 payable within 30 days of posting
of Order. If fines and fees remain unpaid 3 months after such lien
is filed, the City is authorized to foreclose, collect or settle such
lien. 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.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed
5.1.1 Case 72-16 Affidavit of Compliance
J&S Foundation LLC
1402 N Martin Luther King Jr Ave
Exterior Surfaces/Door & Window Openings - Phillips
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Municipal Code Enforcement Board Meeting Minutes February 23, 2022
5.1.2 Case 26-17 Affidavit of Compliance
Gary Ramen & Denise Vogel
1546 Tilley Ave.
Exterior Surfaces/Door & Window Openings - Phillips
5.1.3 Case 119-21 Affidavit of Compliance
Florida First Properties Inc.
1468 Cleveland St.
Permitted Uses - Halfway House - Kasman
5.1.4 Case 162-21 Affidavit of Compliance
George Dybowski
1451 Cleveland St.
Exterior Storage - Kasman
5.1.5 Case 163-21 Affidavit of Compliance
Lincoln Square Clearwater LLC
1221 Rogers St.
Roof Maintenance/Exterior Surfaces - Kasman
Member Farrar moved to accept the Affidavits of Compliance for
Cases 72-16, 26-17, 119-21, 162-21, and 163-21. The motion was
duly seconded and carried unanimously.
5.2 Continued from January 26, 2022 - Case 156-21 - Accept the Affidavit(s) of Non-Compliance
for respondent(s) Dennis Hill at 204 Pennsylvania Ave. for Unsafe Building. (Cantrell)
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.
5.3 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 continued automatically to March 23, 2022
5.4 Case 149-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Thomas
Drake at 1360 Tioga Ave. for Permits. (Swinton)
Sean Drake said he held Power of Attorney for his brother, property owner
Thomas Drake. He said his brother's mental, physical, and financial
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Municipal Code Enforcement Board Meeting Minutes February 23, 2022
conditions had deteriorated since his wife died. He said when he became
aware of the violation, he wrote a letter to the City requesting a time
extension to resolve the problem. He said he was not aware of a fine. He
said no one knew who erected the fence, which he would like to remain. He
said he would apply for the permit.
Inspector Sam Swinton provided photos of the front yard fence separating
the duplexes. He said a permit was required, the fence's height cannot be
maintained.
Attorney Salzman said the Board could continue the case.
Attorney Mytych submitted composite exhibits.
Member Kohut moved to continue Case 149-21 to March 23, 2022.
The motion was duly seconded and carried unanimously.
6. Other Board Action
6.1 Case 108-21 - Request to stop lien accrual for Dennis Hill at 204 Pennsylvania Ave. in
violation of Code for Inoperative Vehicle. (Dixon)
No one was present to represent the Respondent.
Code Enforcement Supervisor Rebecca Mulder said staff had submitted this
request to abate the property by other means.
Attorney Mytych submitted composite exhibits.
Member Davis moved to approve the request to stop the lien accrual
for Case 108-21. The motion was duly seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 Case 14-22 - Accept the Nuisance Abatement Lien for respondent(s) Vicki Hass at 3035
Oak Cove 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. (Brown)
No one was present to represent the Respondent.
Inspector Shelby Brown said her PowerPoint presentation was based on
the scale of the nuisance. She presented photos of 18 Code violations at
3035 Oak Cove Drive: 1) property maintenance standards and requirements,
landscape maintenance, and lot clearing, 2) exterior storage and dumping,-
3)
umping,3) unmaintained public right-of-way and maintenance of sidewalks, including
height clearance, 4) maintenance of parking lot/driveway surfaces; and 5)
public nuisance condition, accumulation and placement of nuisances, including
in the right-of-way. The property has unmanageable overgrowth, undergrowth,
significant debris, discarded materials including food, water jugs, plastic
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Municipal Code Enforcement Board
8. Adjourn
Atte
Meeting Minutes February 23, 2022
storage bins, bags, and kiddie pools with standing water. Neighbors have had
to spend money and effort trimming back overgrowth that pushes against and
over their fences from the subject property. The front, side, and backyards
need to be cleared.
Roland Wilson said he lived next door to the deteriorating property which
is a habitat for snakes, rats, and armadillos. He said he is too old to continue
trimming the overgrowth that encroaches on his property. He said the
property owner had rebuffed his offer to pay to clear her property.
Stephanie Phillips said she lived across the street from the subject property
where she has seen snakes. She said neighbors have had to contend with
snakes, bees, bugs, and critters from the property and even have had to
repair severe rat damage to the foundation of an abutting house. She said
every other house in the neighborhood is well maintained.
Inspector Brown said the property owner had appeared before the Board
three times previously. In response to a question, she said she had never
been granted access to the subject property to inspect the condition of the
house. She recommended compliance by March 10, 2022 or the City may
take all reasonable actions to bring the property into compliance.
Attorney Mytych submitted composite exhibits.
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 by March 10, 2022. 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.
Members Farrar, Rainey, Brown, Kohut, Davis and Chair Bray voted
"Aye"; Member Teixeira was absent. Motion carried unanimously.
Secretary to the Board Nicole Sprague announced the March meeting was
cancelled. All cases continued to March 23 will be continued automatically to
April 27, 2022.
The meeting a
3:03 p.m.
Secr a to the Boa
City of Clearwater
Chair, ,PVIGnioipal Cod nforcement Board