07/27/2022 Municipal Code Enforcement Board Meeting Minutes July 27, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, July 27, 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 July 27, 2022
Roll Call
Present 5 - Chair Nicole Bray, Vice Chair David Farrar, Board Member KerryAnn
Rainey, Board Member Greg Brown, and Board Member Peter Kohut
Absent 1 - Board Member Sarah L. Davis
Also Present - Andy Salzman —Attorney for the Board, Melissa Isabel —Assistant City
Attorney, Rosemarie Call —Acting 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 June 22, 2022 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Farrar moved to approve minutes of the June 22, 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 April 27 and May 25, 2022 - Case 32-22 - Status Update regarding
respondent(s) Coachman Creek Condo Assn. at 2625 SR 590 Bldg. 5 in violation of Code
for Unsafe Building. (Cantrell)
Attorney Adam Gurley, representing the condo association, said the
engineer had inspected the contractor's shoring of the back balconies and
patio repairs. He said the condo association had secured funds for the long
term fix. He said the scope of work was revised and contract negotiations
were in the final stage. He said permit applications will be submitted soon.
He said the condo association was having the remaining buildings
inspected. He requested additional time before fines were imposed.
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Member Farrar moved to continue the Status Update to August 24,
2022, The motion was duly seconded and carried unanimously.
4.2 Continued from April 27, 2022, Continue to Oct. 26, 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)
Case 19-22 was continued automatically to October 26, 2022.
4.3 Continued from April 27 and May 25, 2022, Continue to August 24, 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 August 24, 2022.
4.4 WITHDRAWN - Continued from May 25, 2022, Continue to August 24, 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 withdrawn.
4.5 Case 48-22 - Find respondent(s) Beverly Sydow at 1913 Coles Rd. in violation of Code
for Exterior Surfaces and Roof Maintenance; and issue an order with the compliance
deadline and fine if compliance is not met. (Dixon)
Property owner Beverly Sydow admitted to the violation. She requested 30
more days to sell her house.
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.
Ms. Sydow said she had been working with Inspector Dixon. She said she
was selling the property "as is", closing was scheduled for August 20, 2022.
Inspector Gregory Dixon showed photos of the violations. He recommended
compliance by September 1, 2022 or a fine of$150 per day per violation be
imposed for the Exterior Surfaces and Roof Maintenance violations.
Roger Hayden said he was a General Contractor and Ms. Sydow had
worked for him for 20 years. He said Ms. Sydow could not afford the
necessary repairs. He said repairing the house would be a better solution
but it was difficult to hire workers. He said repairs could not be completed by
September 1, 2022. Ms. Sydow requested 30 days to make a decision.
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Municipal Code Enforcement Board Meeting Minutes July 27, 2022
Assistant City Attorney Melissa Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before August 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.
4.6 Case 49-22 - Find respondent(s) C & L Properties at 172 N Belcher Rd. in violation of
Code for Exterior Surfaces, Roof Maintenance, and 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.
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 showed photos of the violations. He
recommended compliance by August 27, 2022 or a fine of$150 per day per
violation be imposed for the Exterior Surfaces, Roof Maintenance, and
Exterior Storage violations. A Stop Work order was issued for unpermitted
work on the archway. The property owner said he would take care of the
violations.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before August 27, 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.
4.7 WITHDRAWN - Case 50-22 - Find respondent(s) Bret & Rachel Galbraith at 509 S
Prospect Ave. in violation of Code for Exterior Surfaces, Window Maintenance, and
Fences; and issue an order with the compliance deadline and fine if compliance is not
met. (Kasman)
Case 50-22 was withdrawn.
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Municipal Code Enforcement Board Meeting Minutes July 27, 2022
4.8 WITHDRAWN - Case 51-22 - Find respondent(s) Easy Living Properties LLC at 109 S
Hercules Ave. in violation of Code for Roof Maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
Case 51-22 was withdrawn.
The Code Enforcement Board recessed from 2:08 to 2:18 p.m.
4.9 Case 52-22 - Find respondent(s) Elia Roncketti at 14 S Glenwood 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 provided a PowerPoint presentation. He spoke
with the property owner in March re the violation and with the tenant re other
violations that were corrected. He recommended compliance by August 27,
2022 or a fine of$150 per day be imposed for the Residential Rental
Business Tax Receipt violation.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before August 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.
4.10 WITHDRAWN - Case 52-22 - Find respondent(s) Elia Roncketti at 14 S Glenwood 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)
Case 52-22 was withdrawn.
4.10WITHDRAWN - Case 53-22 - Find respondent(s) Charles Scavo and Edita Habibic at
1904 Harding St. in violation of Code for Short Term Rental and Residential Rental
Business Tax Receipt; and issue an order with the compliance deadline and fine if
compliance is not met. (Mulder)
Case 53-22 was withdrawn.
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Municipal Code Enforcement Board Meeting Minutes July 27, 2022
4.11 Continue to August 24, 2022 - Case 54-22 - Find respondent(s) South Hampton Property
Mgmt. LLC, Green Property Management LLC at 875 Bruce Ave. in violation of Code for
Short Term Rental and Residential Rental Business Tax Receipt; and issue an order with
the compliance deadline and fine if compliance is not met. (Mulder)
Case 54-22 was continued automatically to August 24, 2022.
4.12WITHDRAWN - Case 55-22 - Find respondent(s) Eric Roul at 325 Island Way Unit 109 in
violation of Code for Short Term Rental and Residential Rental Business Tax Receipt;
and issue an order with the compliance deadline and fine if compliance is not met.
(Mulder)
Case 55-22 was withdrawn.
4.13Case 56-22 - 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. (Mulder)
Property owner Kunal Jain denied the repeat violation.
Inspector Rebecca Mulder provided a PowerPoint presentation on the
repeat violations at 3277 Beaver Drive.
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 February 23, 2022, the MCEB heard Case 18-22 and issued a violation
order finding owner Kunal Jain in repeat violation for advertising the
property for short-term rentals and issued a daily fine of$500 for 3 days
when the repeat violation for advertising a short-term rental existed for a
total of$1,500.
Inspector Mulder presented screenshots of the May 17, 2022 Airbnb
vacation rental website advertisement as Prima Facie evidence for 3277
Beaver Drive: she was able to book a 16-night stay. She recommended a
fine of$500 for the day the repeat violation existed.
Mr. Jain said it was a technical glitch, he did not know how the
advertisement appeared. He said no one had rented the property during the
past 20 days. He said he now advertised on Zillow which only accepted
monthly rentals. He said the advertisement did not show his address and he
was not admitting to the violation.
Mr. Jain said he owned a company that provides medical software
training at his house, the training package includes housing at the subject
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Municipal Code Enforcement Board Meeting Minutes July 27, 2022
property. He said most training sessions are on weekends; trainees do not
stay long term. He said his neighbors have complained many times, even for
the smallest noise from the swimming pool. He said he did not rent the
house as a business.
Neighbors Brent and Danielle Hall said the property has been a nuisance
since Mr. Jain purchased the home in 2021. They said the house often is
rented for weekends to noisy people who start playing loud rap music at
noon and disturb their children. He said every time he requested the tenants
to be quiet they received a text or letter from Mr. Jain's attorney threatening
to sue them for$30,000. They said the harassment was ongoing and
unbearable. They requested the City revoke Mr. Jain's Residential Rental
Business Tax Receipt for the constant nuisance.
Mr. Jain said the neighbor's complaints were an old story. He said since 3
people stayed at the property in 2021, he held 2 personal birthday parties at
the house for his wife and himself, he said he had the right to play at his own
home. He said he had a noise meter at the property and was taking all the
precautions possible. He said he could not control tenants who left before 30
days. He said Airbnb denied the property had been rented short-term.
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.
Attorney for the Board Andy Salzman said the City could choose to petition
the Court for an injunction to declare the property a formal nuisance.
Member Farrar moved to enter an order that a fine of $500 per day per
violation be imposed for the 1 day the repeat violation existed for a
total fine of $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.
4.14Case 62-22 - Find respondent(s) 1417 Cleveland LLC at 1417 Cleveland St. in repeat
violation of Code for Permits; and issue an order that a daily fine be imposed for each
day the repeat violation(s) existed. (Espinosa)
No one was present to represent the Respondent.
Inspector Nilda Espinosa provided a PowerPoint presentation on the repeat
violation for Permits. On October 27, 2021, MCEB (Municipal Code
Enforcement Board) heard Case 148-21 and issued an order finding owner
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N. Michael Kouskoutis d/b/a 1446 Gulf to Bay LLC in violation for permits at
1446 Gulf-to-Bay Boulevard and ordered compliance by December 21,
2021. She reviewed permit violations at 1417 Cleveland Street for N.
Michael Kouskoutis d/b/a 1417 Cleveland LLC. The Fire Department had
contacted her when closing down the restaurant due to Code violations.
Inspector Espinosa said she spoke with the company that owns the property
last year. She advised the contractor who called her twice re necessary
actions. She showed photos indicating walls between the units in the
building had been removed.
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 Espinosa recommended a fine be imposed at $150 per day per
violation for the 360 days from July 31, 2021 to July 26, 2022 when the
repeat violation for Permits existed for a total of$54,000.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order that a fine of $150 per day per
violation be imposed for the 360 days the repeat violations existed for
a total fine of $54,000 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 09-17 Affidavit of Compliance
Jessica & Jerome Howard
1361 Mary L Rd.
Exterior Surfaces - Sudduth
5.1.2 Case 25-22 Affidavit of Compliance
Ana Torres Pabon
1450 Franklin St.
Fences - Kasman
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5.1.3 Case 39-22 Affidavit of Compliance
Martin L Altner Trust
312 S Betty Ln.
Roof Maintenance/Residential Rental Business Tax Receipt - Kasman
Member Farrar moved to accept the Affidavits of Compliance for Cases
09-17, 25-22, and 39-22. The motion was duly seconded and carried
unanimously.
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings
7.1 Case 60-22 - Accept the Nuisance Abatement Lien for respondent(s) Veracity LLC at
1234 Eldridge 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)
No one was present to represent the Respondent.
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.
7.2 Case 61-22 - Accept the Nuisance Abatement Lien for respondent(s) Cole FD Portfolio
VI I LLC at 1835 N Highland Ave. for Lot Clearing - Dumpster; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Dixon)
No one was present to represent the Respondent.
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
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8. Adjourn
Attest:
July 27, 2022
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 3:02 p.m.
Chair, Mi.ffiicipal Code Enforcement Board
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City of Clearwater