08/24/2022 Municipal Code Enforcement Board Meeting Minutes August 24, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, August 24, 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 August 24, 2022
Roll Call
Present 4 - Chair Nicole Bray, Vice Chair David Farrar, Board Member Peter
Kohut, and Board Member Sarah L. Davis
Absent 2 - Board Member KerryAnn Rainey and Board Member Greg Brown
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
2.1 Approve the minutes of the July 27, 2022 Municipal Code Enforcement Board meeting as
submitted in written summation.
Member Farrar moved to approve minutes of the July 27, 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, May 25, and July 27, 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
association had approved and signed the contract for structural repairs. He
said once the project has bonding, the notice of commencement will be
issued and permit applications will be submitted. He said the association's
engineering firm continued to inspect the temporary shoring.
Consensus was to continue the Status Update to September 28, 2022.
4.2 WITHDRAWN - Continued from April 27 and May 25, 2022 - Case 31-22 - Find
respondent(s) Luz Turesanyi at 1554 Sunset Point Rd. in violation of Code for Permits;
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and issue an order with the compliance deadline and fine if compliance is not met.
(Cantrell)
Case 31-22 was withdrawn.
4.3 WITHDRAWN - Continued from July 27, 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 withdrawn.
4.4 WITHDRAWN - Case 63-22 - Find respondent(s) Wenquan Li at 28 N Evergreen 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 63-22 was withdrawn.
4.5 Case 64-22 - Find respondent(s) Ana Torres Pabon at 1450 Franklin St. in violation of
Code for Exterior Surfaces; 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.
Assistant City Attorney Melissa Isabel 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.
4.6 Case 66-22 - Find respondent(s) Trust 1481, Isa Vranica Tre at 1481 Drew St. in
violation of Code for Exterior Surfaces; 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.
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Attorney Isabel 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.
4.7 Case 67-22 - Find respondent(s) Nathan Evans at 917 Eldridge St. in violation of Code
for Hauling Trailer, Exterior Surfaces, Lot Clearing, and Inoperative Vehicle; and issue an
order with the compliance deadline and fine if compliance is not met. (Dixon)
Property Owner Nathan Evans 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 Gregory Dixon provided a PowerPoint presentation on the 4
violations including trailers in the front of the house, debris in the yard,
rotted wood and failing paint on exterior surfaces, and inoperative vehicles
in the back yard. He recommended compliance in 30 days or a fine of$150
per day per violation be imposed for the Hauling Trailer, Exterior Surfaces,
Lot Clearing, and Inoperative Vehicle violations.
Mr. Evans said he intended to comply but may need additional time.
Attorney Isabel submitted composite exhibits.
Member Davis moved to enter an order requiring the Respondent to
correct the violation on or before October 23, 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 68-22 - Find respondent(s) Urbanscape LLC at 1796 Harbor Dr. 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. (Dixon)
No one was present to represent the Respondent.
Inspector Gregory Dixon said the property owner had contacted him and
stated his intention to comply. He recommended compliance in 30 days or a
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fine of$150 per day be imposed for the Residential Rental Business Tax
Receipt 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.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before September 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.
4.9 Case 72-22 - Find respondent(s) George Nicovic at 511 Phoenix Ave. in violation of
Code for Permits; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Fiorella Nicovic, accompanied by her son Mark Nicovic, said her husband,
property owner George Nicovic, could not attend today's hearing due to
health issues. She said she had paid a contractor to pull permits and make
the necessary repairs. She said after many delays, the permits expired and
the contractor stopped returning her calls. She said her new contractor will
provide her a proposal in 2 days. She said the rental property had 4 units.
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 Jason Cantrell provided a PowerPoint presentation on the unsafe
stairways leading to the upper units. He did not know if the upper units
were occupied. A new permit will be required unless the new contractor can
reopen the previous permit. He recommended requiring permits to be
obtained by September 25, 2022 and permitted work to be completed by
November 25, 2022 or a fine of$150 per day be imposed. The property
owner has been aware of the violation for a long time.
In response to a question, Ms. Nicovic said she had to evict one upstairs
tenant, the other upstairs tenant did not pay rent and only stored her
possessions in the unit. In response to a concern that children could get hurt
on the dangerous stairways. Ms, Nicovic said no children lived onsite. She
said she wanted repairs completed as soon as possible.
In response to a question, Attorney Isabel said the property owner was
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responsible for securing the property and onsite liability issues. She
submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
obtain required permits on or before September 25, 2022 and correct
the violation by completing permitted work on or before November 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 33-22 Affidavit of Compliance
Marek Pietryniak
512 Skyview Ave.
Exterior Storage - Kasman
5.1.2 Case 47-22 Affidavit of Compliance
C & L Properties
172 N Belcher Rd.
Inoperative Vehicle - Kasman
Member Farrar moved to accept the Affidavits of Compliance for
Cases 33-22 and 47-22. The motion was duly seconded and
carried unanimously.
5.2 Case 72-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Brian Nicolas
Hudson at 1317 Overlea St. for Business Tax Receipt, Exterior Storage, and Vehicle
Repair - Residential Zone. (Dixon)
Property owner Brian Hudson said he had cleaned up the property but had
to return items when he lost another property. He said the house was for
sale. He said he was waiting for the DMV(Department of Motor Vehicles)
to obtain the boat and vehicle titles so he can sell them. He said he would
get a dump truck to remove exterior storage items from the property.
Inspector Jason Cantrell provided a PowerPoint presentation on the
ongoing violations at 1317 Overlea Street. The MCEB (Municipal Code
Enforcement Board) previously issued an order requiring Mr. Hudson to
correct the violations. Mr. Hudson ran a boat repair business out of his
house. After the property was cleaned, boat repairs restarted. Multiple
boats, parts, and a tractor were on the property. Florida registration
numbers on the boats on the property were listed under different names.
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The house was on the market to sell. He said the City would not issue a
Business Tax Receipt for an illegal business.
Jeff Ryan said Mr. Hudson had scammed him. He said he dropped his boat
off for repair at the subject location last April but Mr. Hudson did not make
the promised repairs or refund his $2,800 payment. He said when he met
the Police Department at the subject location, Mr. Hudson did not answer
the door. He said when he towed his boat off the property, the parts he paid
to repair were in pieces inside his boat.
Mr. Hudson said his family had been in an accident. He said he could not
run his business for 2 months while caring for his grandchildren.
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.
5.3 Case 103-21 - Accept the Affidavit(s) of Non-Compliance for respondent(s) 15
Hollingsworth Street Realty Trust at 1831 N Highland Ave. for Signage without Permits.
(Mulder)
No one was present to represent the Respondent.
Inspector Rebecca Mulder provided a PowerPoint presentation. The
Inspector who originally cited the case in 2021 had resigned. None of the
onsite businesses had active sign permits. Tenants were aware of the
violation. The property owner had made no attempt to comply.
Moustfa Abokoui and Akmed Karkoure said they were tenants who owned
the beauty supply business. They said they had applied for a sign permit but
were confused about the sign's dimensions; their large storefront should
qualify for special signage. They did not know if their lease required they
have permitted signage.
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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5.4 WITHDRAWN - Case 22-22 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) T A H 2017 2 Borrower LLC at 612 Yelvington Ave. for Residential Rental
Business Tax Receipt. (Kasman)
Case 22-22 was withdrawn.
5.5 Case 41-22 - Accept the Affidavit(s) of Non-Compliance for respondent(s) W R I
Countryside Centre LLC, c/o Kimco Realty at 2561 Countryside Blvd. #4 for Permits.
(Swinton)
No one was present to represent the Respondent.
Krunal and Utsave Patel said they were tenants who owned BurgerlM. They
said they had been in business for 3 years and just learned about the permit
problem when the property owner forwarded the City's letter. They said the
contractor who installed the sign was no longer in business. They requested
time to correct the violation as they feared the property owner would
retaliate against them if a large fine is imposed.
Assistant Building Official Dana Root said the business owners would have
to hire a contractor to pull a sign permit and have the City inspect the sign
for compliance.
Member Kohut moved to continue Case 41-22 to September 28, 2022.
The motion was duly seconded and carried unanimously.
6. Other Board Action: None
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN - Case 69-22 (PNU2022-00475) - Accept the Nuisance Abatement Lien
for respondent(s) Urbanscape LLC at 1796 Harbor 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. (Dixon)
Case 69-22 was withdrawn.
7.2 WITHDRAWN - Case 70-22 (PNU2022-00319) - Accept the Nuisance Abatement Lien
for respondent(s) Robert L Arrington Est at 2894 Rollingwood 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)
Case 70-22 was withdrawn.
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7.3 Case 71-22 (PNU2022-00590) - Accept the Nuisance Abatement Lien for respondent(s)
Pamela Murphy at 1450 Rogers 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. (Schaaf)
8. Adjourn
Attest:
No one was present to represent the Respondent.
Inspector Gary Schaaf provided a PowerPoint presentation. The property's
back and side yards were overgrown; the front yard had been mowed. A
neighbor advised him that the property owner was in a long-term care
facility.
Attorney Isabel said approval would allow the City to repeatedly clear the
property. She 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 3:00 p.m.
C air, v%nicipal Cdde Enforcement Board
Secretary to the Boa d
City of Clearwater
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