01/25/2023 Municipal Code Enforcement Board Meeting Minutes January 25, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, January 25, 2023
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
1
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
Roll Call
Present 6 - Chair Nicole Bray, Board Member KerryAnn Rainey, Board Member
Greg Brown, Board Member Peter Kohut, Board Member C. Daniel
Engel, and Board Member Duane Schultz
Absent 1 - Board Member David Farrar
Also Present— Vanessa Gerlich —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 December 21, 2022 Municipal Code Enforcement Board as
submitted in written summation.
Member Kohut moved to approve minutes of the December 21, 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 said code enforcement has the ability to take something ugly
and turn it into an asset. He said there are properties where code
enforcement is not able to resolve issues and provided photos of 1000
Grantwood Ave. that came to the Municipal Code Enforcement Board in
2019. He said liens are accruing due to violations and the property is in
the same condition today. He suggested the board look at the
foreclosure process
4. New Business Items
4.1 Continued from April 27, May 25, July 27, Aug. 24, and Oct. 26 2022 - Case 32-22 -
2
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
Status Update regarding respondent(s) Coachman Creek Condo Assn. at 2625 SR 590
Bldg 5 in violation of Code for Unsafe Building. (Cantrell)
Attorney Nick Pizanias, representing the condo association, reviewed the
project status and said since the last update to the board in October
2022, materials for the temporary staircase have been delivered and the
engineer reports have been submitted. He said funding is in place and
scaffolding for the project was delivered to the site yesterday. He said
the permits were in the review process and the electrical vendor should
be on the property in a few weeks to address the lighting fixtures. He
asked to come back to the board in April with another update.
In response to questions, Mr. Pizanias said the funding issues had been
resolved and the contractor for the project is Suncoast Restoration and
Waterproofing. He did not have the name of the electrical contractor, but
the engineer is in regular contact with the contractors.
Building Inspector Jason Cantrell said the permits have been applied for
but not reviewed and suggested the work for the temporary staircase be
halted until the permits are approved. He recommended a status update
in 30 days to make sure the permit is active. Once the property owner is
working with an active permit, updates may be scheduled further out.
4.2 Case 01-23 - Find respondent(s) F T M C LLC at 1621 Gulf to Bay Blvd. in violation of
Code for 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.
Inspector Daniel Kasman provided a PowerPoint presentation and
showed photos of the property and violation. Materials such as paint
cans and pallets were stacked around a shed at the rear of the property
as well as a washing machine. As of today, the property looks better but
there is still yard waste and debris and discarded furniture, including a
toilet, sitting around the dumpster.
In response to a question, Mr. Kasman said he does not know the reason
the trash is not placed inside the dumpster. He said violations at the
property have been ongoing.
Member Brown moved to find the Respondent(s) in violation of the City of
Clearwater Code as referred to in the affidavit of this case. The motion
was duly seconded and carried unanimously.
3
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
Inspector Kasman recommended compliance by February 25, 2023 or a
fine of$150 per day be imposed for the exterior storage violation.
Attorney Isabel submitted composite exhibits.
Member Rainey moved to enter an order requiring the Respondent to
correct the violation for Exterior Storage on or before February 25, 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.
4.3 Case 02-23 - Find respondent(s) Driscoll Investments 2 LLC at 3100 Gulf to Bay Blvd. in
violation of Code for Roof Maintenance; 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 for the property and violation. The roof has been an issue
on the property for years. The roof flashing, soffits and fasica were failing.
Member Engel moved to find the Respondent(s) in violation of the City of
Clearwater code as referred to in the affidavit of this case. The motion
was duly seconded and carried unanimously.
Inspector Kasmam recommended compliance by February 25, 2023 or a
fine of$150 per day may be imposed for the roof maintenance violation.
Attorney Isabel submitted composite exhibits.
Member Rainey moved to enter an order requiring the Respondent to
correct the violation for Roof Maintenance on or before February 25,
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.
4.4 Case 10-23 - Find respondent(s) INXS VII LLC at 1365 Overlea St. in violation of Code
for Unsafe Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
4
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
No one was present to represent the Respondent.
Building Inspector Jason Cantrell provided a PowerPoint presentation
and showed photos for the property and violation. Cracks and severe
settling are visible on the interior and exterior of the structure.
In response to questions, Mr. Cantrell said the structure is a residence
and was tenant occupied. The tenant reported the violation and allowed
access for pictures and inspections. He said the City would not
determine if the cracking came from normal settling or water intrusion, it
would be the property owner's responsibility to hire a structural engineer
who would evaluate the structure.
Member Rainey moved to find the Respondent(s) in violation of the City
of Clearwater code as referred to in the affidavit of this case. The motion
was duly seconded and carried unanimously.
Inspector Cantrell recommended compliance by providing an
engineering report by February 25, 2023, obtaining required permits by
April 25, 2023 and completing permitted repairs by June 25, 2023 or a
fine of$150 per day be imposed.
In response to a question, Attorney Melissa Isabel said it is the property
owner's responsibility to maintain a safe property and would be liable if
someone got injured at the property.
Attorney Isabel submitted composite exhibits.
Member Rainey moved to enter an order requiring the Respondent to
provide an engineering report by February 25, 2023, obtain required
permits by April 25, 2023 and complete the permit by June 25, 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.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 49-22 Affidavit of Compliance
C&L Properties
5
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
172 N Belcher Rd.
Exterior Surfaces - Kasman
5.1.2 Case 84-22 Affidavit of Compliance
Garcia Gertrudis
2082 Camellia Dr.
Roof Maintenance - Kasman
5.1.3 Case 105-22 Affidavit of Compliance
**********
3267 San Mateo St.
Permits - Swinton
5.1.4 Case 110-22 Affidavit of Compliance
AAE Development Concepts LLC
2581 Druid Rd.
Lot Clearing - Kasman
5.1.5 Case 111-22 Affidavit of Compliance
Betty Tillery
1372 Browning St.
Lot Clearing - Kasman
5.1.6 Case 115-22 Affidavit of Compliance
Leszek Murawski and Grazyna Orlowski
1246 Forrest Hill Dr.
Inoperative Vehicle - Kasman
5.1.7 Case 116-22 Affidavit of Compliance
Nancy Tiburzio
1815 N Highland Ave.
Lot Clearing - Kasman
Member Kohut moved to accept the Affidavits of Compliance for Cases
49-22, 84-22, 105-22, 110-22, 111-22, 115-22, and 116-22. The motion
was duly seconded and carried unanimously.
5.2 Case 52-22 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Elia Roncketti
at 20 Logan St. for Residential Rental Business Tax Receipt. (Kasman)
No one was present to represent the Respondent.
Attorney Isabel said the city would like for the Board to amend the original
order for Cases 52-22 and 92-22 as it pertains to the daily fine amount from
$150.00 per day to $50.00 per day. Code Enforcement Board procedures
have been reviewed by staff and going forward, all recommendations for a
6
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
Residential Rental Business Tax Receipt violation will be $50.00 per day.
She said the Business Tax Receipt annual cost is $31.50.
In response to a question, Code Inspector Daniel Kasman said this
request is related to Residential Rental Business Tax Receipt violations,
and not Short Term Rental violations.
Member Rainey moved to amend the original orders of the Board for
Cases 52-22 and 92-22 to reflect the $50 per day fine. The motion was
duly seconded and carried unanimously.
Attorney Isabel submitted composite exhibits.
5.3 Case 74-22 - Accept the Affidavit(s) of Non-Compliance for respondent(s) 1472 Pierce
LLC at 1472 Pierce St. for Exterior Storage. (Kasman)
No one was present to represent the Respondent.
Attorney Isabel submitted composite exhibits.
See below for motion to accept.
5.4 Case 79-22 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Baez & Ortiz
LLC at 1400 Cleveland St. for Exterior Storage and Shopping Carts. (Kasman)
No one was present to represent the Respondent.
Attorney Isabel submitted composite exhibits.
See below for motion to accept.
5.5 WITHDRAWN - Case 84-22 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Gertrudis Garcia at 2082 Camellia Dr. for Roof Maintenance. (Kasman)
Case 84-22 was withdrawn.
5.6 Case 91-22 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Mary M Jones
at 924 Mandalay Ave. for Unsafe Building. (Cantrell)
Property Owner Mary Jones said she submitted the permit application for
the structure on January 19, 2023 and it is her intention to repair the
structure and the roof of the structure.
Building Inspector Jason Cantrell said the permit was applied for last
week and has not been reviewed yet. There are two permit applications
submitted for this property, one for the roof and one for the structure. The
7
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
roof permit will not be approved because of the current condition of the
structure and will need to be voided.
In response to questions, Mr. Cantrell said the permit was applied for as a
homeowners permit and not a contractor. It could take a couple weeks for
the permit to go through the approval process, it will depend on any
conditions that need to be addressed. The fire happened in May 2022.
Assistant Building Official Dana Root said the compliance date has
passed and the property is not in compliance.
Ms. Jones said it has been difficult to secure a contractor due to the
hurricanes that hit to the south last year.
Mr. Cantrell reviewed the photos of the violations.
Member Engel moved to continue case 91-22 to February 22, 2022. The
motion was duly seconded and carried unanimously.
5.7 Case 92-22 - Accept the Affidavit(s) of Non-Compliance for respondent(s) BTH
Residential LLC, Craig W Ball at 1338 Browning St. for Residential Rental Business Tax
Receipt. (Kasman)
No one was present to represent the Respondent.
Attorney Isabel said the city would like for the Board to amend the original
order for Cases 52-22 and Case 92-22 as it pertains to the daily fine
amount from $150.00 per day to $50.00 per day. Code Enforcement
Board procedures have been reviewed by staff and going forward, all
recommendations for a Residential Rental Business Tax Receipt
violation will be $50.00 per day. She said the Business Tax Receipt
annual cost is $31.50.
In response to a question, Code Inspector Daniel Kasman said this
request is related to Residential Rental Business Tax Receipt violations,
and not Short Term Rental violations.
Member Rainey moved to amend the original orders of the Board for
Cases 52-22 and 92-22 to reflect the $50 per day fine. The motion was
duly seconded and carried unanimously.
Attorney Isabel submitted composite exhibits.
8
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
Member Rainey moved to accept the Affidavits of Non-Compliance for
Cases 52-22, 74-22, 79-22, and 92-22 and issue an order that states if
fines and fees remain unpaid 3 months after such liens are filed, the City
is authorized for foreclose, collect, or settle such liens. The motion was
duly seconded and carried unanimously.
6. Other Board Action
6.1 Election of Officers.
Member Rainey moved to appoint Greg Brown as Chair. The motion
was duly seconded and carried unanimously.
Member Rainey moved to appoint David Farrar as Vice Chair. The
motion was duly seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 Case 05-23 (PNU2022-01182 & PNU2022-01183) -Accept the Nuisance Abatement
Lien for respondent(s) Sean Morrissey at 1389 Browning St. for Inoperative Vehicle and
Lot Clearing; and issue an order with the compliance deadline and authorize the City to
mitigate the violation if compliance is not met. (Kasman)
Nobody was present to represent the Respondent.
Attorney Isabel submitted composite exhibits.
Member Rainey 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 06-23 (PNU2023-00022) -Accept the Nuisance Abatement Lien for respondent(s)
Devom 2 LLC at 20162 US Highway 19 for Transient Activity; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Jehnzen)
Nobody was present to represent the Respondent.
Inspector Jehnzen presented a PowerPoint presentation.
9
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes January 25, 2023
Attorney Isabel submitted composite exhibits.
Member Brown 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.
7.3 Case 07-23 (PNU2022-01160 and PNU2022-01161) - Accept the Nuisance Abatement
Lien for respondent(s) Aaron and Katrina Mack at 1625 N Washington Ave. for
Inoperative Vehicle and Lot Clearing; and issue an order with the compliance deadline
and authorize the City to mitigate the violation if compliance is not met. (Dixon)
Nobody was present to represent the Respondent.
Inspector Dixon presented a PowerPoint presentation.
Attorney Isabel submitted composite exhibits.
Member Kohut 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.
7.4 Case 08-23 (PNU2023-00039) -Accept the Nuisance Abatement Lien for respondent(s)
Brian Dreggors at 1345 Browning St. 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)
Nobody was present to represent the Respondent.
Inspector Kasman presented a PowerPoint presentation.
10
City of Clearwater
Municipal Code Enforcement Board
Meeting Minutes January 25, 2023
Attorney Isabel submitted composite exhibits.
Member Rainey 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.
7.5 WITHDRAWN - Case 09-23 (PNU2022-01122) - Accept the Nuisance Abatement Lien
for respondent(s) CSX Transportation Inc at 601 N Martin Luther King Jr 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. (Dixon)
Case 09-23 (PNU2022-01122) was withdrawn.
8. Adjourn
The meeting adjourned at 2:37 p.m.
Chair, Municipal Code Enforcement Board
Attest:
Secre a to the Bo- rd
11
City of Clearwater