12/21/2022 Municipal Code Enforcement Board Meeting Minutes December 21, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, December 21, 2022
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
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Municipal Code Enforcement Board Meeting Minutes December 21, 2022
Roll Call
Present 5 - Chair Nicole Bray, Board Member David Farrar, Board Member
KerryAnn Rainey, Board Member Peter Kohut, and Board Member C.
Daniel Engel
Absent 1 - 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 November 16, 2022 Municipal Code Enforcement Board as
submitted in written summation.
Member Farrar moved to approve the minutes of the November 16,
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
Bill Jonson thanked the board for their service to the community and said
code compliance assures residents their investment in their homes is
secure.
Code Compliance Manager Rebecca Mulder introduced two new
inspectors, David Jehnzen and Brian Simon, and said all the inspector
positions are now filled.
4. New Business Items
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Municipal Code Enforcement Board Meeting Minutes December 21, 2022
4.1 Case 72-22 - Status Update regarding respondent(s) George Nicovic at 511 Phoenix
Ave. in violation of Code for Permits. (Cantrell)
Re Case 72-22, Fiorella Nicovic said progress has been made and a
permit has been obtained and once it is approved by the City, work
should begin in January. Building Inspector Jason Cantrell said the
permit had been applied for and is in review, butt has not been issued.
Ms. Fiorella said she was under the impression the permit was approved
and said she would follow up with her contractor to respond to any issues
raised by the City. Mr. Cantrell said the Affidavit of Non-Compliance will
be brought to the board in January meeting for consideration. Comment
was made that the work needed to be done by the next meeting.
4.2 Case 91-22 - Status Update regarding respondent(s) Mary M Jones at 924 Mandalay
Ave. in violation of Code for Unsafe Building. (Cantrell)
Re Case 91-22, Al Hunsberger, neighbor, said he has lived in his house
for fifteen years and has experienced laws and ordinances broken at the
subject property and has had to look at the burned structure for several
months. Building Inspector Jason Cantrell said the City is following the code
enforcement process as outlined in state statutes and the process takes
time. He said the Affidavit of Non-Compliance will be brought to the
board at the January meeting. Property owner Mary Jones said Mr.
Hunsberger has been harassing her and pressured her to sell her
property and that he is unable to see the damaged structure from his
property. In response to a question, Ms. Jones said the fire occurred in late
May and does not know the cause of the fire.
4.3 Continued from October 28 and November 16, 2022 - Cast 75-22 - Issue order with
compliance deadline and fine if compliance is not met for respondent(s) Clearwater
Homes LLC at 1476 Pierce St. for Residential Grass Parking. (Kasman)
Stefan Koenig, property manager, was present and said he was told the City
would support a permit for a one car driveway as long as setbacks are met.
He said he has a contractor's quote to install a driveway however sanitary
sewer lines are currently being replaced on this street and there is
construction. He said he asked a general contractor friend to apply for
the permit as the contractor he is using for the driveway install is in the
hospital. Comment was made that the violation is grass parking and the
tenant may park in the street and that with or without a driveway, parking
on the grass is prohibited. Mr. Koenig said the tenant lives there with his
elderly mother and that is the reason the car is always on the grass closer
to the front door.
Member Kohut moved to enter an order requiring the Respondent to
correct the violation on or before March 7, 2023. If the Respondent
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Municipal Code Enforcement Board Meeting Minutes December 21, 2022
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 Rainey, Kohut, Engel voted "Aye": Chair
Bray and Member Farrar voted "Nay." Motion carried.
4.4 WITHDRAWN - Case 103-22 - Find respondent(s) Tracy Roloff at 1013 S Betty Ln. 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 103-22 was withdrawn.
4.5 Case 104-22 - Find respondent(s) Bruce Moffatt at 1465 S Evergreen Ave. in violation of
Code for Fences and Driveway Surface; 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 and
showed photos of the property and violations. He said has had no
contact with the property owner and the grass had recently been cut but
no other work had been done. He does not know who is maintaining the
property.
Assistant City Attorney Isabel submitted composite exhibits.
Inspector Kasman recommended compliance by January 21, 2023 or a
fine of$150 per day per violation be imposed for the Fence and Driveway
Surface violations
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before January 21, 2023. 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.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 25-20 Affidavit of Compliance
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Municipal Code Enforcement Board Meeting Minutes December 21, 2022
Mousumi Khatoon
1407 N Betty Ln.
Unsafe Building - Cantrell
5.1.2 Case 59-21 Affidavit of Compliance
Gloria Eugenia Ruiz
1609 N Washington Ave.
Permits - Swinton
5.1.3 Case 41-22 Affidavit of Compliance
W R I Countryside Centre LLC
2561 Countryside Blvd. #4
Permits - Swinton
5.1.4 Case 49-22 Affidavit of Compliance
C & L Properties
172 N Belcher Rd.
Roof Maintenance/Exterior Storage - Kasman
5.1.5 Case 76-22 Affidavit of Compliance
Bruce Barrows
1433 San Juan Ct.
Residential Grass Parking - Kasman
5.1.6 Case 77-22 Affidavit of Compliance
Bart Hauke
117 N Fred rica Ave.
Residential Rental Business Tax Receipt - Kasman
5.1.7 Case 78-22 Affidavit of Compliance
Bart Hauke
123 N Fredrica Ave,
Residential Rental Business Tax Receipt - Kasman
5.1.8 Case 82-22 Affidavit of Compliance
Genci & Marita Treska
2357 Nash St.
Residential Rental Business Tax Receipt — Kasman
Member Farrar moved to accept the Affidavits of Compliance for
Cases 25-20, 59-21, 41-22, 49-22, 76-22, 77-22, 78-22, and 82-22. The
motion was duly seconded and carried unanimously.
5.2 WITHDRAWN - Case 48-22 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Beverly Sydow at 1913 Coles Rd. for Roof Maintenance and Exterior
Surfaces. (Dixon)
Municipal Code Enforcement Board Meeting Minutes December 21, 2022
Case 48-22 was withdrawn.
5.3 Continue to January 25, 2023 - Case 72-22 -Accept the Affidavit(s) of Non-Compliance
for respondent(s) George Nicovic at 511 Phoenix Ave. for Permits. (Cantrell)
Case 72-22 was continued automatically to January 25, 2023.
6. Other Board Action: None
7. Nuisance Abatement Lien Filings
7.1 Case 110-22 (PNU2022-01095) - Accept the Nuisance Abatement Lien for
respondent(s) AAE Development Concepts LLC at 2581 Druid Rd. 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)
No one was present to represent the Respondent.
Assistant City Attorney Isabel submitted composite exhibits,
See below for motion to accept.
7.2 Case 111-22 (PNU2022-01124) - Accept the Nuisance Abatement Lien for
respondent(s) Betty Tillery at 1372 Browning 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. (Kasman)
No one was present to represent the Respondent.
Assistant City Attorney Isabel submitted composite exhibits,
See below for motion to accept.
7.3 Case 112-22 (PNU2022-01069) - Accept the Nuisance Abatement Lien for
respondent(s) Bible Church of God of Boynton Beach at 1406 N Martin Luther King, Jr.
Ave. for Inoperative Vehicle; and issue an order with the compliance deadline and
authorize the City to mitigate the violation if compliance is not met. (Dixon)
Sylvester Banks was present to represent the Respondent.
Inspector Greg Dixon provided a PowerPoint presentation and property
photos for the nuisance condition for the Inoperable Vehicles. The
inoperable van and bus remain on the property with expired tags.
Mr. Banks said he received notice regarding the violation and he was
unaware of the code. He said he has made inquiries and has a potential
Municipal Code Enforcement Board Meeting Minutes December 21, 2022
buyer for the bus and asked to have until May 2023 to get the issues
resolved. He said he does not have funds to pay fines. Comment was
made that it would be less expensive for the property owner to remove the
vehicles rather than the City. Mr. Banks said he is not ignoring the
violations but needs to time to comply.
Inspector Dixon recommended compliance by February 1, 2023 or a fine
of$150 per day be imposed for the Inoperable Vehicles. Mr. Dixon said
is not asking for an abatement order as the tow truck company would
have challenges removing the vehicles.
Assistant City Attorney Isabel submitted composite exhibits.
Member Kohut moved to enter an order requiring the Respondent to
correct the violation on or before February 1, 2023. 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.
7.4 WITHDRAWN - Case 113-22 (PNU2022-01091) - Accept the Nuisance Abatement Lien
for respondent(s) GTN Prop Re LLC at 12 N Jefferson 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. (Stephens)
Case 113-22 was withdrawn.
7.5 WITHDRAWN - Case 114-22 (PNU2022-01033) - Accept the Nuisance Abatement Lien
for respondent(s) Edward Stein at 1250 Magnolia Dr. for Hazardous Trees; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Quinzi)
Case 114-22 was withdrawn.
7.6 Case 115-22 (PNU2022-00967) - Accept the Nuisance Abatement Lien for
respondent(s) Leszek Murawski and Grazyna Orlowski at 1246 Forrest Hill Dr. 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)
No one was present to represent the Respondent.
Assistant City Attorney Isabel submitted composite exhibits,
See below for motion to accept.
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Municipal Code Enforcement Board
Meeting Minutes December 21, 2022
7.7 Case 116-22 (PNU2022-01114) - Accept the Nuisance Abatement Lien for
respondent(s) Nancy Tiburzio at 1815 N Highland 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)
No one was present to represent the Respondent.
Assistant City Attorney Isabel submitted composite exhibits,
See below for motion to accept.
Member Kohut moved to enter an order finding Respondents for Cases
110-22 (PNU2022-01095), 111-22 (PNU2022-01124), 115-22
(PNU2022-00967), and 116-22 (PNU2022-01114) in violation of the City
of Clearwater Code and requiring the Respondents to correct the
violations within five days of the Board's written order. If respondents
do not comply within the time specified, the City may take all
reasonable actions, including entry onto the properties, to abate and
maintain the nuisances, and charge the Respondents with the
reasonable costs which will become a lien on the properties. If costs,
fines and fees remain unpaid 3 months after such lien is filed, the City
is authorized to foreclose, collect or settle such liens. The motion
was duly seconded and carried unanimously.
8. Adjourn
The meeting adjourned at 2:27 p.m.
Chair, M cipal Code Enforcement Board
Attest:
Secr to to the Bo
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