06/22/2022 Municipal Code Enforcement Board Meeting Minutes June 22, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, June 22, 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 June 22, 2022
Roll Call
Present 4 - Vice Chair KerryAnn Rainey, Board Member David Farrar, Board
Member Greg Brown, and Board Member Sarah L. Davis
Absent 2 - Chair Nicole Bray, and Board Member Peter Kohut
Also Present - Mariana Gallastegui —Attorney for the Board, Melissa Isabel —Assistant
City Attorney, Nicole Sprague — Secretary to the Board
1. Call To Order
The Vice Chair called the meeting to order at 1:35 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 May 25, 2022 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Farrar moved to approve minutes of the May 25, 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 Continued from May 25, 2022, Continue to July 27, 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 July 27, 2022.
4.2 WITHDRAWN - Case 36-22 - Find respondent(s) Guo Xing Li and Kengdi Wu at 215 S
Venus Ave. in violation of Code for Hauling Trailer, Residential Grass Parking, Exterior
Surfaces, and Fences; and issue an order with the compliance deadline and fine if
compliance is not met. (Kasman)
Case 36-22 was withdrawn.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 22, 2022
4.3 Case 37-22 - Find respondent(s) Turner1 LLC at 908 Turner St. in violation of Code for
Residential Grass Parking and Residential Rental Business Tax Receipt; and issue an
order with the compliance deadline and fine if compliance is not met. (Kasman)
Property owners Robin Mallory and Sandra Castles admitted to the violations.
Inspector Daniel Kasman said compliance had been met for the Residential
Rental Business Tax Receipt 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
the Residential Rental Business Tax Receipt, 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.
Inspector Kasman provided a PowerPoint presentation on the Residential
Grass Parking violation. Many properties on the narrow street have narrow
lots and unlawful grass parking. The subject property's driveway has room
for 2 vehicles. A water meter in the grass abutting the driveway precludes
vehicle parking there.
Mr. Mallory said they wanted to fix this problem at their investment
property. He said tenants are afraid to park on the street. He suggested the
City install speed bumps to slow speeding traffic. He said he needed time to
research his options. He said trying to hire a contractor had been difficult.
Inspector Kasman recommended compliance by July 22, 2022 or a fine
of$150 per day be imposed for the Residential Grass Parking violation.
The City would not oppose a 30-day extension to the compliance date.
Ms. Castles said she had contacted several City departments re Code
requirements but was unaware she needed to remain in contact with
Inspector Kasman.
Assistant City Attorney Melissa Isabel submitted composite exhibits.
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.
Member Davis moved to enter an order requiring the Respondent
to correct the violation on or before August 21, 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,
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 22, 2022
the City is authorized to foreclose, collect or settle such lien. The
motion was duly seconded and carried unanimously.
4.4 WITHDRAWN - Case 38-22 - Find respondent(s) D Loulourgas Properties Three LLC
at 510 S Keystone Ave. in violation of Code for Fences and Walls; and issue an order
with the compliance deadline and fine if compliance is not met. (Kasman)
Case 38-22 was withdrawn.
4.5 Case 39-22 - Find respondent(s) Martin L Altner Trust, Lawrence J Finkle at 312 S Betty
Ln. in violation of Code for Roof Maintenance 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.
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 Roof
Maintenance and Residential Rental Business Tax Receipt violations. The
property manager told him he would remove the overgrowth and repair the
roof and fascia. Property photos showed overgrowth had been cut back but
the porch ceiling had collapsed, the entire rear and roof of the property were
wrapped in tarp and the roof had significant algae, mildew, and debris. His
calls were not returned.
Inspector Kasman recommended compliance by July 22, 2022 or a fine
of$150 per day per violation be imposed for the Roof Maintenance and
Residential Rental Business Tax Receipt violations.
Attorney Isabel submitted composite exhibits.
Member Davis moved to enter an order requiring the Respondent
to correct the violation on or before July 22, 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.
4.6 Case 40-22 - Find respondent(s) Denice M Jordan at 14 Seagrape Cir in violation of
Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Espinosa)
No one was present to represent the Respondent.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 22, 2022
Inspector Nilda Espinosa provided a PowerPoint presentation. The City
received a complaint about a rear exterior light on the property that shines
into a neighbor's house. Inspector Espinosa could find no record of a permit
for the light's installation. The property owner said she would look for a
contractor but later said she could not find one,
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 Espinosa recommended compliance by July 29, 2022 or a fine
of$150 per day be imposed for the permits violation.
Attorney Isabel submitted composite exhibits.
Member Davis moved to enter an order requiring the Respondent to
correct the violation on or before July 29, 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.
4.7 Case 57-22 - Find respondent(s) Michael Munro at 2572 Deer Run E 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 on postings
at the subject property re the No Active Water Service violation. He was
not in contact with the property owner and had never encountered anyone
living at the house. The house had electrical service and a vehicle parked in
the driveway.
In response to a question, Assistant Building Official Dana Root said digging
a well required a permit.
Inspector Shelby Brown said the property was cited 4 times previously for
nuisance abatement violations. The house has not had active water service
since 2020. Towing an inoperative vehicle from the property in December
2021 required police assistance, the vehicle returned to the property 3
months later. Neighbors have concerns re the property owner's physical and
mental health.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 22, 2022
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 Swinton recommended compliance by July 22, 2022 or a fine
of$50 per day be imposed for the No Active Water Service violation.
Attorney Isabel submitted composite exhibits.
Member Davis moved to enter an order requiring the Respondent to
correct the violation on or before July 22, 2022. If the Respondent does
not comply within the time specified, the Board may order a fine of $50
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.
4.8 Case 58-22 - Find respondent(s) Johana Turcios Reyes and Yovany Sanchez Azpeitia at
529 Skyview Ave. in violation of Code for Permits; and issue an order with the
compliance deadline and fine if compliance is not met. (Swinton)
Property owner Johana Turcios Reyes 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.
Inspector Sam Swinton provided a PowerPoint presentation on the permits
violation, showing photos of the unpermitted 12x12 backyard shed.
Mr. Reyes said her husband was working to get the engineering plans
required to obtain a permit. She requested 60 days to comply.
Inspector Swinton recommended compliance by July 22, 2022 or a fine
of$150 per day be imposed for the permits violation. The City would not
oppose a 30 day extension to the compliance date.
Attorney Isabel submitted composite exhibits.
Member Davis moved to enter an order requiring the Respondent to
correct the violation on or before August 21, 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 June 22, 2022
4.9 Case 59-22 - Find respondent(s) Gloria Ruiz at 1609 N Washington Ave. 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 on the
permits violation. He showed photos of a 3-foot high fence installed without
permits. Recent photos showed the fence panels had been removed but the
posts remained.
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 July 22, 2022 or a fine of
$150 per day be imposed for the permits violation.
Attorney Isabel submitted composite exhibits.
Member Davis moved to enter an order requiring the Respondent to
correct the violation on or before July 22, 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 21-22 Affidavit of Compliance
AMA Sunshine Car Wash LLC
1271 Santa Rosa St.
Fences - Kasman
5.1.2 Case 23-22 Affidavit of Compliance
On The Course LLC
1329 Drew St.
Residential Rental Business Tax Receipt - Kasman
5.1.3 Case 26-22 Affidavit of Compliance
Sandra Sukardi
214 S Comet Ave.
Residential Rental Business Tax Receipt - Kasman
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes June 22, 2022
Member Farrar moved to accept the Affidavits of Compliance for
Cases 21-22, 23-22, and 26-22. The motion was duly seconded
and carried unanimously.
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN - Continued from May 25, 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 withdrawn.
7.2 WITHDRAWN - Continued from May 25, 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)
Case 45-22 was withdrawn.
7.3 Case 46-22 - Accept the Nuisance Abatement Lien for respondent(s) S R P Sub LLC at
2846 Pheasant Run 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 provided a PowerPoint presentation on the lot
clearing violation. She had visited the property 5 times. Photos showed the
property's rear hedges obstructed the sidewalk, vegetative debris under the
hedges, and unmaintained grass on the rear right-of-way.
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.
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City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes June 22, 2022
7.4 Case 47-22 - Accept the Nuisance Abatement Lien for respondent(s) C & L Properties at
172 N Belcher for Inoperative Vehicle; and issue an order with the compliance deadline
and authorize the City to mitigate the violation if compliance is not met. (Kasman)
8. Adjourn
Attest:
No one was present to represent the Respondent.
Inspector Daniel Kasman provided a PowerPoint presentation on the
inoperative vehicle on the subject property that lacked tags. While it was
relocated on the property and cleaned, the vehicle remained inoperable due
to its lack of license plate and current tag. No one from the property had
contacted him.
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.
The meeting adjourned at 2:25 p.m.
Chair,'IVlunicipal Com Enforcement Board
Secre ary to the Bo: rd
City of Clearwater
//SHED
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