05/25/2022 Municipal Code Enforcement Board Meeting Minutes May 25, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, May 25, 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 May 25, 2022
Roll Call
Present 6 - Chair Nicole Bray, Vice Chair David Farrar, Board Member KerryAnn
Rainey, Board Member Greg Brown, Board Member Peter Kohut, and
Board Member Sarah L. Davis - arrived 1:40 p.m.
Also Present - Andy Salzman —Attorney for the Board, Melissa Isabel —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
Member Kohut moved to approve minutes of the April 24, 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4.1 WITHDRAWN - Continued from April 27, 2022 - Case 26-22 - Find respondent(s) Sandra
Sukardi at 214 S Comet Ave. in violation of Code for Hauling Trailer and Residential
Rental Business Tax Receipt; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
Case 26-22 was withdrawn.
4.2 Continued from April 27, 2022, Continue to July 27, 2022 - Case 31-22 - Find
respondent(s) Luz Turesanyi at 1554 Sunset Point Rd. in violation of Code for Permits;
and issue an order with the compliance deadline and fine if compliance is not met.
(Cantrell)
Case 31-22 was continued automatically to July 27, 2022.
4.3 Continued from April 27, 2022 - Case 32-22 - Find respondent(s) Coachman Creek
Condo Assn. at 2625 SR 590 Bldg. 5 in violation of Code for Unsafe Building; and issue
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Municipal Code Enforcement Board Meeting Minutes May 25, 2022
an order with the compliance deadline and fine if compliance is not met. (Cantrell)
Inspector Jason Cantrell provided a PowerPoint presentation with photos re
the violation.
Attorney Adam Gurley, representing the Respondent, said he admitted to the
violation and discussed the condo association's plans at the Board's April
27, 2022 meeting.
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.
Attorney Gurley said the City had received the engineering report letter
indicating the building was safe to occupy during shoring of the structure. He
said a permit application had been submitted for the shoring and bracing but
not for repairs. He said a second contractor had been hired. He said the
building was inspected weekly. He said the condo association's insurance
claim was denied, the association was in the process of borrowing money for
repairs but had not determined a repair plan.
Inspector Cantrell recommended compliance by July 24, 2022 or a fine
of$150 per day be imposed for the unsafe building violation.
Attorney Gurley said he did not recall discussing long term work with the
City and wanted to report back to the Board in 60 days. He hoped repair
work would be under contract and started by then.
Assistant City Attorney Melissa Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
provide a Status Report to the Board on July 27, 2022 and to obtain
permits to make necessary repairs on or before July 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 and carried unanimously.
4.4 Continue to June 22, 2022 - Case 34-22 - Find respondent(s) Raymond Richeal at 807
Hart St. in violation of Code for Exterior Surfaces, Door and Window Openings, and
Abandoned Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Dixon)
Case 34-22 was continued automatically to June 22, 2022.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes May 25, 2022
4.5 Case 33-22 - Find respondent(s) Marek Pietryniak at 512 Skyview Ave. 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.
Inspector Daniel Kasman said he had provided the property owner time to
comply but progress was piecemeal. He provided a PowerPoint
presentation with photos re the violation. He said a fence on the property
line between the subject property's backyard and abutting restaurant
hid the exterior storage. The house was occupied. The swimming pool
was removed, filled with dirt, and no longer was hazardous.
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 Kasman recommended compliance by June 25, 2022 or a fine
of$150 per day be imposed for the exterior storage violation.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before June 25, 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 41-22 - Find respondent(s) WRI Countryside Centre LLC at 2561 Countryside Blvd
Unit #4 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.
Inspector Sam Swinton provided a PowerPoint presentation with photos re
the violation. The property was first cited for the sign permit violation in 2019.
The management company had not contacted him. An application was
submitted but the permit was never picked up or paid for.
Member Davis 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 Swinton recommended compliance by June 25, 2022 or a fine
of$150 per day be imposed for the sign permit violation.
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Municipal Code Enforcement Board Meeting Minutes May 25, 2022
Attorney Isabel submitted composite exhibits.
Member Davis moved to enter an order requiring the Respondent
to correct the violation on or before June 25, 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.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 254-19 Affidavit of Compliance
Ruth Ceralo
1100 S Myrtle Ave
Unsafe Building - Cantrell
5.1.2 Case 105-21 Affidavit of Compliance
Muhamed Faour
843 Lantana Ave
Permits - Espinosa
5.1.3 Case 161-21 Affidavit of Compliance
TAH 2017 2 Borrower LLC
111 N Hercules Ave
Residential Rental Business Tax Receipt - Kasman
Member Kohut moved to accept the Affidavits of Compliance for
Cases 254-19, 105-21, and 161-21. The motion was duly seconded
and carried unanimously.
5.2 Case 147-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Egy
Properties LLC at 3101 Brigadoon Dr. for Permits. (Swinton)
No one was present to represent the Respondent.
Attorney Isabel 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.
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Municipal Code Enforcement Board Meeting Minutes May 25, 2022
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings
7.1 Case 35-22 - Accept the Nuisance Abatement Lien for respondent(s) Alfred and Percy
Wallace at 409 S Martin Luther King Jr. 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)
Property owner Alfred Wallace said he had paid to have the junk removed.
He said he and his nephew, who lives in the house, were arguing and his
nephew would not remove the junk. He said he had told his nephew he was
not paying for more junk in the yard. He said he had given his nephew time
to remove the junk but his nephew never complied.
Inspector Sam Swinton provided a PowerPoint presentation with photos re
the violation. The City had received multiple complaints about people living
in tents on the subject property. He was advised the tents were for the
outdoor storage items. He recommended compliance in 5 days.
Member Davis 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 Case 42-22 - Accept the Nuisance Abatement Lien for respondent(s) Robert & Paulette
Elliott at 1675 Algonquin 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. (Odegaard)
No one was present to represent the Respondent.
Inspector Ryan Odegaard said compliance had been met and requested
a declaration of violation.
Attorney Isabel submitted composite exhibits.
Member Rainey moved to find the Respondent was in violation of
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. If the Respondent repeats the violation, the Board may
impose a daily fine and order the City to take all reasonable actions to
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Municipal Code Enforcement Board Meeting Minutes May 25, 2022
abate and maintain the nuisance, including entry onto the property,
and charge the Respondent with those costs, fines, and fees, which
will become a lien on the property. The motion was duly seconded and
carried unanimously.
7.3 Continue to June 22, 2022 - Case 44-22 - Accept the Nuisance Abatement Lien for
respondent(s) Lillie James & Ruthie Taylor at 901 Jurgens 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)
Case 44-22 was continued automatically to June 22, 2022.
7.4 Case 43-22 - Accept the Nuisance Abatement Lien for respondent(s) Laura Long at
1786 Murray 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. (Odegaard)
Property owner Laura Long said she had held numerous yard sales and
cleaned up the property but was behind on her mortgage and about to
lose her house and be homeless.
Inspector Ryan Odegaard provided a PowerPoint presentation with photos
of the violation. The City had received multiple complaints about the
property. Ms. Long was cited 11 times for Lot Clearing violations and was
well aware of the Ordinance. Previously when cited, Ms. Long removed the
exterior storage until the compliance date passed and then would return
all of the items to her yard to hold a continuous yard sale, Code allowed 2
yard sales per calendar year. Ms. Long had not been referred to the Code
Board before. He recommended compliance in 5 days.
Attorney Isabel 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 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.
7.5 Continue to June 22, 2022 - Case 45-22 - Accept the Nuisance Abatement Lien for
respondent(s) Dorothy Massop Est. at 905 Jurgens St. for Lot Clearing and Inoperative
Vehicle; and issue an order with the compliance deadline and authorize the City to
mitigate the violation if compliance is not met. (Dixon)
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City of Clearwater
Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes May 25, 2022
Case 45-22 was continued automatically to June 22, 2022.
The meeting adjourned at 2.25 p.m.
Chair, Mi.ffiicipal Code Enforcement Board
Secretary to he Board
City of Clearwater
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