11/16/2022 Municipal Code Enforcement Board Meeting Minutes November 16, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, November 16, 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 November 16, 2022
Roll Call
Present 6 - Chair Nicole Bray, Board Member KerryAnn Rainey, Board Member
Greg Brown, Board Member David Farrar, Board Member Peter Kohut,
and Board Member C. Daniel Engel
Absent 1 - Board Member Sarah Davis
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 October 26, 2022 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Engel moved to approve minutes of the October 26, 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
Re Case 72-22, Fiorella Nicovic, accompanied by her son Mark Nicovic,
reviewed difficulties they faced obtaining permits and requested additional
time.
Re Case 91-22, Mary Jones reviewed difficulties she faced obtaining permits
and requested additional time.
Attorney for the Board Andy Salzman said after the Board issues orders,
Respondents work directly with City inspectors and approach the board only
if issues cannot be resolved. The Board does not have day to day jurisdiction
over violation matters.
4. New Business Items
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 16, 2022
4.1 Continued from October 26, 2022 - Case 75-22 - Find respondent(s) Clearwater Homes
LLC at 1476 Pierce St. in violation of Code for Residential Grass Parking; and issue an
order with the compliance deadline and fine if compliance is not met. (Kasman)
Stefan Koenig, said he manages Clearwater Homes LLC. He 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 Daniel Kaman provided a PowerPoint presentation of the property
and violation. A permit is required to install a driveway. In response to a
question, he said no asphalt is visible in the Google photos.
Mr. Koenig said he maintained 100 properties he owns in Clearwater. He
said the property previously had a carport. He showed photos of a house he
said was the subject property. A photo showed all that remained of the
original driveway was deteriorated asphalt. He said after he got a quote to
replace the driveway, the City denied his permit application due to a zoning
change. He said 60% of the houses on the street have driveways. He told
the tenant he could not park on the grass. He said someone put a
threatening note on the tenant's vehicle when he parked on the street.
Assistant Planning & Development Director Lauren Matzke said the
downtown district no longer permits driveways. Repairs are allowed on
pre-existing driveways. Code does not allow variances.
Inspector Kasman recommended compliance by November 26, 2022 or a
fine of$150 per day be imposed for the Residential Grass Parking violation.
He did not know if the property had an attached garage.
Assistant City Attorney Melissa Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before December 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. Members Farrar, Kohut and Chair Bray
voted "Aye": Members Brown, Rainey, and Engel voted "Nay." Motion
failed.
Member Kohut moved to continue Case 105-22 to December 21, 2022.
The motion was duly seconded and carried unanimously.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 16, 2022
4.2 WITHDRAWN - Continued from October 26, 2022 - Case 87-22 - Find respondent(s)
Boulevard Clearwater Associates LLC at 2266 Gulf to Bay Blvd. in violation of Code for
Parking Lot Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Mulder)
Case 87-22 was withdrawn.
4.3 Case 105-22 - Find respondent(s) ******* at 3267 San Mateo St. in violation of Code for
Permits; and issue an order with the compliance deadline and fine if compliance is not
met. (Swinton)
Bob Kenny, representing the property owner, said he was a general
contractor.
Inspector Sam Swinton provided a PowerPoint presentation of the property
and violation. He said as of this morning a gate had been installed and a
smaller shed was placed in front of the larger one.
Assistant Planning & Development Director Lauren Matzke said the property
owner had applied for flexibility for the large shed to be close to the property
line within the setbacks. The owner went through the DRC (Development
Review Committee) process last July but never responded to stafYs request
for additional information. The permit application was withdrawn due to no
response. To revisit the permit application, the process would need to
restart. Neighbor letters of opposition were submitted during the DRC
process.
Mr. Kenny said the homeowner did not know what was allowed. He said the
homeowner, a former first responder, had applied for a permit. He said after
their conversation, Planning Division Manager Ellen Crandall's email did not
say the application was canceled but that it was withdrawn. He said he was
not able to reach Ms. Crandall about reinstating the application. He
requested additional time to see if staff concerns could be resolved. He said
the 11-foot X 30-foot shed sits on blocks 5 feet from the property line. He
said the homeowner said nobody lives in the shed which is not hooked up
to plumbing or electricity. He said the Ream Wilson Trail runs behind the
property. He assumed the rear 4-foot fence is on the property line.
Inspector Swinton recommended compliance by December 16, 2022 or a
fine of$150 per day be imposed for the Permit 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.
Mr. Kenny said the homeowner needed more time to comply.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 16, 2022
Ms. Matzke said the application requesting a setback was withdrawn due to
the homeowner's lack of response since July. The DRC could not review a
new application until January.
Assistant Building Manager Dana Root said the City believes the property
owner had plenty of time to provide requested information. To comply, the
homeowner needs to get a permit as previously advised or remove the shed.
The shed was delivered via trailer and can be removed the same way. The
homeowner did not apply for a permit before the shed was delivered.
Mr. Kenny said there would be no ill effect waiting until a January hearing to
see if the homeowner could obtain a variance. He said the homeowner
and he were prepared to address staff concerns.
Mr. Root said the City had waited for the permit application to be submitted
after the fact, then scheduled a DRC meeting, and then waited a significant
time for the applicant's responses which never were received. He said the
City preferred the December deadline be imposed.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before December 16, 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 185-19 - Affidavit of Compliance
Renate Tyroller
1221 Jackson Rd.
Roof Maintenance/Door & Window Openings/Exterior Surfaces - Dixon
5.1.2 Case 207-19 - Affidavit of Compliance
Renate Tyroller
1221 Jackson Rd.
Lot Clearing - Dixon
5.1.3 Case 72-21 - Affidavit of Compliance
Brian Nicolas Hudson
1317 Overlea St.
Vehicle Repair-Residential Zone/Business Tax Receipt - Dixon
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 16, 2022
5.1.4 Case 75-21 - Affidavit of Compliance
Attila Megyeri
602 Phoenix Ave
Exterior Surfaces/Residential Rental Business Tax Receipt - Kasman
5.1.5 Case 153-21 - Affidavit of Compliance
Zano Team 2 LLC
301 S Myrtle Ave.
Lot Clearing - Kasman
5.1.6 Case 154-21 - Affidavit of Compliance
Zano Team 2 LLC
815 Pierce St.
Lot Clearing - Kasman
Member Farrar moved to accept the Affidavits of Compliance for
Cases 185-19, 207-19, 72-21, 75-21, 153-21 and 154-21. The motion was
duly seconded and carried unanimously.
5.2 WITHDRAWN - Continued from October 26, 2022 - 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)
Case 41-22 was withdrawn.
5.3 Continued from October 26, 2022 - Case 57-22 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Michael Munro at 2572 Deer Run E for No Active
Water Service. (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.
5.4 WITHDRAWN - Continued from October 26, 2022 - Case 59-22 - Accept the Affidavit(s)
of Non-Compliance for respondent(s) Gloria Ruiz at 1609 N Washington Ave. for Permits.
(Swinton)
Case 59-22 was withdrawn.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes November 16, 2022
5.5 Continued from October 26, 2022 - Case 150-21 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) May Ren at 743 Fairwood Ln. for Permits. (Swinton)
Property owner May Ren said she needed to find a new contractor. She said
her neighbors had made false reports that she was trying to convert her
condo into 2 units. She said that was not the case. She said the inside
staircase had not been rebuilt. In response to a question, she said she used
the second floor for storage.
Inspector Sam Swinton provided a PowerPoint presentation on the property
and violation. The permit for the exterior stairs was completed and approved.
The unit has no interior access to the 2nd floor.
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.
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN - Case 106-22 (PNU2022-00968) - Accept the Nuisance Abatement Lien
for respondent(s) Wesley Morales at 3121 Bordeaux Ln. for Hazardous Tree; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Quinzi)
Case 106-22 (PNU2022-00968) was withdrawn.
7.2 Case 107-22 (PNU2022-01013) - Accept the Nuisance Abatement Lien for
respondent(s) South Tampa Trust LLC at 505 Virginia Ln. for Lot Clearing; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Stephens)
No one was present to represent the Respondent.
Attorney Isabel submitted composite exhibits.
Member Farrar 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
abate and maintain the nuisance, including entry onto the property,
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes
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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 WITHDRAWN - Case 108-22 (PNU2022-00774) - Accept the Nuisance Abatement Lien
for respondent(s) Bruce Moffatt at 1465 S Evergreen 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)
Case 108-22 (PNU2022-00774) was withdrawn.
7.4 WITHDRAWN - Case 109-22 (PNU2022-00988) - Accept the Nuisance Abatement Lien
for respondent(s) 1725 Clearwater LLC at 1725 Ridgeway 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. (Sudduth)
8. Adjourn
Attest:
Secretary to the
City of Clearwater
Case 109-22 (PNU2022-00988) was withdrawn.
The meeting adjourned at 2:45 p.m.
Chair, 6/unicipafe Enforcement Board
oard
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