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04/27/2022 Municipal Code Enforcement Board Meeting Minutes April 27, 2022 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Wednesday, April 27, 2022 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 Roll Call Present 5 - Chair Nicole Bray, Board Member KerryAnn Rainey, Board Member Greg Brown, Board Member Peter Kohut, and Board Member Sarah L. Davis Absent 1 - Vice Chair David Farrar 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 February 23, 2022 Municipal Code Enforcement Board meeting as submitted in written summation. Member Kohut moved to approve minutes of the February 23, 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 Carmela Carpenter thanked the board for issuing a Nuisance Abatement Lien for 3035 Oak Cove Drive. She said some progress has been made but the house is still hidden behind overgrowth. She said neighbors are upset that results had fallen short of expectations that the yard would be tidied and wanted to be certain that Code Enforcement remains engaged to bring the property into compliance. 4. New Business Items 4.1 Continue to July 27, 2022 - Case 19-22 - Find respondent(s) Sunshine Towers Apt Residences at 1243 Martin Luther King, Jr. Ave., Bldg C in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 Case 19-22 was continued to July 27, 2022. 4.2 WITHDRAWN - Case 20-22 - Find respondent(s) Vivian Mouzon at 606 Fairmont St. in violation of Code for Door and Window Openings, Exterior Surfaces, and Abandoned Building; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Case 20-22 was withdrawn. 4.3 Case 21-22 - Find respondent(s) Ama Sunshine Car Wash LLC at 1271 Santa Rosa St. in violation of Code for Fences and Walls; 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 provided a PowerPoint presentation on the violation at 1271 Santa Rosa Street. Member Rainey 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 May 27, 2022 or a fine of $150 per day be imposed for the fence maintenance violation. Assistant City Attorney Matthew Mytych submitted composite exhibits. Member Rainey moved to enter an order requiring the Respondent to correct the violation on or before May 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 Case 22-22 - Find respondent(s) TAH 2017 Borrower LLC at 612 Yelvington 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) City of Clearwater No one was present to represent the Respondent. Inspector Daniel Kasman provided a PowerPoint presentation on the violation at 612 Yelvington Avenue. He recommended compliance by May 27, 2022 or a fine of $150 per day be imposed for the Residential Rental Business Tax Receipt violation. Page 3 Municipal Code Enforcement Board Meeting Minutes April 27, 2022 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. Attorney Mytych submitted composite exhibits. Member Davis moved to enter an order requiring the Respondent to correct the violation on or before May 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. 4.5 Case 23-22 - Find respondent(s) On The Course LLC at 1329 Drew St. 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. Inspector Daniel Kasman provided a PowerPoint presentation on the violation at 1329 Drew Steet. He recommended compliance by May 27, 2022 or a fine of$150 per day be imposed for the Residential Rental Business Tax Receipt violation. Code Enforcement Supervisor Rebecca Mulder said the property owner had the ability to reach out to Inspector Kasman and request additional time to obtain the state license. 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. Attorney Mytych submitted composite exhibits. Member Davis moved to enter an order requiring the Respondent to correct the violation on or before May 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. 4.6 Case 24-22 - Find respondent(s) C & L Properties General Partnership at 2171 Drew St. in violation of Code for Exterior Storage; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 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 Rainey 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 25-22 - Find respondent(s) Ana Torres Pabon at 1450 Franklin St. in violation of Code for Fences and Walls; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Gilbert Torres admitted to the violation. He said he had ordered fence materials but later learned he needed a permit. 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 Daniel Kasman provided a PowerPoint presentation on the violation at 1450 Franklin Street. He recommended compliance by May 27, 2022 or a fine of$150 per day be imposed for the fence violation. Discussion ensued re fence permit requirements. Assistant Planning & Development Director Lauren Matzke said she would discuss the permit process with Mr. Torres, noting Code requirements for dumpster screening differed from property fencing. Attorney Mytych submitted composite exhibits. Member Davis moved to enter an order requiring the Respondent to correct the violation on or before May 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. Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 4.8 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) Property owner Sandra Sukardi admitted to the violation for thehauling trailer, which had been removed, but not to the Residential Rental Business Tax Receipt as her relatives stayed at the house but did not pay rent. She said she could put the utilities in her name. Inspector Daniel Kasman provided a PowerPoint presentation on the violations. Compliance was met for the Hauling Trailer violation, he requested a declaration of violation. He recommended compliance for the Residential Rental Business Tax Receipt by May 27, 2022 or a fine of$150 per day be imposed. 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. Discussion ensued re the Code requirement for a Residential Rental Business Tax Receipt if a property owner does not collect rent. Inspector Kasman said staff could follow-up with the City's Business Tax Receipt Specialist. Attorney Mytych submitted composite exhibits. Member Kohut moved to continue Case 26-22 re compliance to May 25, 2022. The motion was duly seconded and carried unanimously. 4.9 Case 27-22 - Find respondent(s) Brandon & Susan Leske at 306 S Meteor 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) 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 Kohut moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, 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 violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The motion was Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 duly seconded and carried unanimously. 4.10WITHDRAWN - Case 28-22 - Find respondent(s) Wilder Corp of Delaware at 18600 US Highway 19 N in violation of Code for Lot Clearing; and issue an order with the compliance deadline and fine if compliance is not met. (Mulder) Case 28-22 was withdrawn. 4.11WITHDRAWN - Case 29-22 - Find respondent(s) Shawn Shalin, Colin Shalin, and Rosemary Truisi at 801 Turner St. in violation of Code for Business Tax Receipt; and issue an order with the compliance deadline and fine if compliance is not met. (Mulder) Case 29-22 was withdrawn. 4.12Continue to May 25, 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 May 25, 2022. 4.13Case 32-22 - Find respondent(s) Coachman Creek Condo Assn. at 2625 SR 590 Bldg 5 in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Attorney Adam Gurley, representing the respondent, admitted to the violation. He reviewed steps already taken to shore up the front walkways and provide temporary shoring for back balconies. He requested additional time to complete long term fixes require separate engineers and contractors and a large bank loan. He said a permit application was submitted yesterday. 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 Jason Cantrell provided a PowerPoint presentation and photos of the unsafe building conditions on the 2nd and 3rd floor balconies at 2624 SR 590, Bldg. 5. The condos are occupied. He said temporary stairs will need to be installed to repair front balconies. He recommended permits be obtained by May 27, 2022 and work completed by July 27, 2022 or a fine of$150 per day be imposed. Assistant Building Official Dana Root said condo owners have chosen to continue occupying their units. The insurance company's engineer reported the violations to the City in 2020. Discussion ensued regarding the significant time it will take to complete Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 engineering work, obtain permits and financing, and complete repairs. It was recommended the case be continued and the City to do weekly or daily inspections to verify that unsafe conditions do not worsen. Attorney Adam Gurley discussed the increased scope of repairs needed. He said 3 contractors were involved and moving forward with repairs as quickly as possible. Attorney Mytych submitted composite exhibits. The case can be continued but the City needs an engineering report letter submitted to the City next week. Safety is the top priority. Member Kohut moved to continue compliance for Case 32-22 to May 25, 2022 with the understanding that the engineering report letter will be submitted to the City next week. The motion was duly seconded and carried unanimously. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 73-17 D Guy Prop Inc. McMullen 1901 Edgewater Dr. Abandoned Building - Dixon 5.1.2 Case 160-18 Gennadii Klygach 1256 Jackson Rd. Unsafe Building - Cantrell 5.1.3 Case 184-18 Community Service Foundation Inc. 1537 S Myrtle Ave A Unsafe Building - Cantrell 5.1.4 Case 64-19 RNSS Investments LLC 862 Bayway Blvd. Unsafe Building - Cantrell 5.1.5 Case 88-19 Precision Hotel Mgmt. Co. 1806 N Ft Harrison Ave. Unsafe Building - Cantrell Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 5.1.6 Case 03-20 Mousumi Khatoon & Russell Matin 1407 N Betty Ln. Door & Window Openings/Exterior Surfaces - Dixon 5.1.7 Case 46-20 Trust No 1462 Land Trust Service Corp Tre 1462 Franklin St. Exterior Storage - Kasman 5.1.8 Case 33-21 Equialt Qoz FI Holdings LLC 403 Jasmine Way Exterior Surfaces - Dixon 5.1.9 Case 49-21 Strada Capital Inc 58 Verbena St. Exterior Surfaces - Dixon 5.1.10 Case 93-21 Christine Dorcelus 214 S Highland Ave. Residential Grass Parking - Kasman 5.1.11 Case 135-21 Christine Dorcelus 214 S Highland Ave. Delinquent Business Tax Receipt - Kasman 5.1.12 Case 149-21 Thomas & Sean Drake 1360 Tioga Ave. Permits - Swinton 5.1.13 Case 152-21 Lincoln Square Clearwater LLC 1221 Rogers St. Lot Clearing - Kasman 5.1.14 Case 170-21 Mark Couture 611 Lembo Cir. Permits - Cantrell Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 5.1.15 Case 171-21 Fred Poe & Kathryn Douglas 619 Island Way Permits - Cantrell 5.1.16 Case 03-22 Advanta IRA Services LLC 1263 Santa Rosa St. Parking on Unpaved Area - Kasman 5.1.17 Case 08-22 Matthew Lau LLC 300 S Arcturas Ave. Residential Rental Business Tax Receipt - Kasman 5.1.18 Case 15-22 Commercial Realty Partners LLC 1185 Court St. Lot Clearing - Kasman Member Kohut moved to accept the Affidavits of Compliance for Cases 73 17, 160 18, 184 18, 64 19, 88 19, 03 20, 46 20, 33 21, 49 21, 93 21, 135 21, 149 21, 152 21, 170 21, 171 21, 03 22, 08 22 and 15 22. The motion was duly seconded and carried unanimously. 5.2 Case 144-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) John and Leann Mosher at 3308 Sandy Ridge Dr. for Parking Lot Surfaces. (Brown) No one was present to represent the Respondent. Attorney Mytych submitted composite exhibits. See below for motion of approval. 5.3 WITHDRAWN - Case 149-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Thomas Drake and Sean Drake at 1360 Tioga Ave. for Permits. (Swinton) Case 149-21 was withdrawn. 5.4 Continued from February 23, 2022 - Case 155-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Michael Chiavatti at 599 Bay Esplanade for Permits. (Cantrell) No one was present to represent the Respondent. Attorney Mytych submitted composite exhibits. Page 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 See below for motion of approval. 5.5 Case 158-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Darry Bouie at 2432 Bond Ave. for Exterior Surfaces. (Brown) No one was present to represent the Respondent. Attorney Mytych submitted composite exhibits. Member Davis moved to accept the Affidavits of Non-Compliance for Cases 144-21, 155-21, and 158-21 and issue orders that state if fines and fees remain unpaid 3 months after such liens are filed, the City is authorized to foreclose, collect or settle such liens. The motion was duly seconded and carried unanimously. 5.6 WITHDRAWN - Case 161-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) TAH 2017 Borrower LLC at 111 N Hercules Ave. for Residential Rental Business Tax Receipt. (Kasman) Case 161-21 was withdrawn. 5.7 Case 169-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Glengomna Trust, John F Irwin, Tre at 1725 Flagler Dr. for Unsafe Building. (Cantrell) Sean Irwin said his late mother had owned the property. He said he has been working to make repairs since he was named personal representative on January 24, 2022. He requested a 4-month extension. He said the duplex is not occupied. Attorney Mytych said the City was not amendable to an extension. The building and roof had sustained severe fire damage. Building Construction Inspector Jason Cantrell said the City has received many complaints from neighbors. The property is not secured. Attorney Mytych submitted composite exhibits. Member Kohut 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. 6. Other Board Action: None. 7. Nuisance Abatement Lien Filings Page 11 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 27, 2022 7.1 Case 30-22 - Accept the Nuisance Abatement Lien for respondent(s) Julia Hopwood at 2706 Woodmere Ct. 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. Code Enforcement Inspector Shelby Brown provided a PowerPoint presentation on the large scale accumulation of outside storage on the property. 8. Adjourn Attest: Attorney Mytych submitted composite exhibits. Member Brown 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 3:00 p.m. 41. Chair, Municipal Code Enfor`Eement Board Secreta to the Boa City of Clearwater Page 12