02/22/2023 Municipal Code Enforcement Board Meeting Minutes February 22, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, February 22, 2023
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes February 22, 2023
Roll Call
Present 5 - Board Member David Farrar, Board Member Greg Brown, Board
Member Peter Kohut, Board Member C. Daniel Engel, and Board
Member Duane Schultz
Absent 1 - Board Member KerryAnn Rainey
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 January 25, 2023 Municipal Code Enforcement Board as
submitted in written summation.
Member Engel moved to approve the January 25, 2023 Municipal Code
Enforcement Board 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 expressed concerns regarding properties that inspectors
have submitted affidavits of compliance for but still look bad.
4. New Business Items
4.1 Continued from April 27, May 25, July 27, Aug. 24, Oct. 26 2022, and Jan 25, 2023 -
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 Nick Pizanias, representing the condo association, reviewed
the project status and said the permit has been issued and the
temporary staircase is being installed.
Building Inspector Jason Cantrell said he is happy with the progress and
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Municipal Code Enforcement Board Meeting Minutes February 22, 2023
needs to know when the work has been completed.
Member Schultz moved to have the Respondent provide a status
update at the May 24, 2023 meeting. The motion was duly seconded
and carried unanimously.
4.2 Case 03-23 - Find respondent(s) Circle K Stores Inc at 1501 Gulf to Bay Blvd. in
violation of Code for Graffiti; and issue an order with the compliance deadline and fine
if compliance is not met. (Stephens)
No one was present to represent the respondent.
Inspector John Stephens provided a PowerPoint presentation and
showed photos of the property and violation. The graffiti remains on the
wall and has not been remedied.
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 for Graffiti on or before March 24, 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 04-23 - 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 representative Ekaterina Osipova denied the repeat violation.
Code Compliance Manager Rebecca Mulder provided a PowerPoint
presentation on the repeat violation 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
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Municipal Code Enforcement Board Meeting Minutes February 22, 2023
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.
On July 27, 2022, the MCEB heard case 56-22 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 1 day
when the repeat violation for advertising a short-term rental existed for a
total of$500.
Ms. Mulder presented screenshots of vacation rental website
advertisements as Prima Facie evidence for 3277 Beaver Dr. December
28, 29, and 30, 2022, January 3, 4, and 5, 2023 screenshots advertised
the property for a three-night minimum stay. She said the website was
updated on January 5, 2023 to reflect twenty night minimum stay, which
is still not compliant. She recommended a fine of$1,000 per day for each
day the repeat violation existed, totaling $6,000.
Ms. Osipova said the website allows someone to look at reservations for
less than the required amount of time but it won't allow a booking. She
said the technology has glitches.
Neighbor Brent Hall said the day of the last hearing for this property, a
short-term renter arrived at the property followed by two additional
renters within two weeks. He said there were different vehicles with
different plates and he contacted Code Compliance with the information.
In response to a question, Attorney Isabel said to revoke a business tax
receipt, a property must have three violations within a year and that has
not happened with this property.
Member Farrar moved to find the Respondent in violation of the City of
Clearwater Code as referred to in the affidavit of this case and has
committed a repeat violation. The motion was duly seconded and
carried unanimously.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order that a fine of $1000 per day be
imposed for the 6 days the repeat violation existed for a total fine of
$6,000 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
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Municipal Code Enforcement Board Meeting Minutes February 22, 2023
unanimously.
4.4 Case 11-23 - Find respondent(s) 2017 1 IH Borrower LP at 1714 Greenhill Dr. in
violation of Code for Unsafe Building; and issue an order with the compliance deadline
and fine if compliance is not met. (Cantrell)
No one was present to represent the Respondent.
Building Inspector Jason Cantrell provided a PowerPoint presentation.
A water heater fire in the interior of the structure caused plumbing,
electrical, and mechanical damage. He said the property is a rental and
the tenants met him on site, he has not had contact with the owner.
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 Cantrell recommended compliance by March 22, 2023 or a
fine of$250 per day be imposed for the unsafe building violation.
Attorney Isabel submitted composite exhibits.
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before November 26, 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.
4.5 Case 12-23 - Find respondent(s) Don and Cynthia Brinton at 1802 Drew St. in
violation of Code for Unsafe Building; and issue an order with the compliance deadline
and fine if compliance is not met. (Cantrell)
No one was present to represent the Respondent.
Building Inspector Jason Cantrell provided a PowerPoint presentation of
the property and violation. A car ran through the building, only
destroying the windows and doors, the structure was not damaged.
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 submitte3d composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes February 22, 2023
Member Farrar moved to enter an order requiring the Respondent to
correct the violation on or before May 22, 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.
4.6 WITHDRAWN - Case 13-23 - Find respondent(s) Harbourage II Condo Assn Inc. at
240 Sand Key Estates in violation of Code for Permits; and issue an order with the
compliance deadline and fine if compliance is not met. (Swinton)
Case 13-23 was withdrawn
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 133-21 Affidavit of Compliance
Dennis Hill
204 Pennsylvania Ave.
Exterior Surfaces - Dixon
5.1.2 Case 52-22 Affidavit of Compliance
Elia Roncketti
14 S Glenwood Ave.
Residential Rental Business Tax Receipt - Kasman
5.1.3 Case 93-22 Affidavit of Compliance
A J M 1322 Browning St LLC
1322 Browning St.
Residential Rental Business Tax Receipt - Kasman
Member Farrar moved to accept the Affidavits of Compliance for Cases
133-21, 52-22, and 93-22. The motion was duly seconded and carried
unanimously.
5.2 Continued from January 25, 2023 - 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 her engineer just informed her that she
needed to answer all the questions for the permit and she turned it in
today. Due to the hurricanes that hit south of us last summer, there is a
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Municipal Code Enforcement Board Meeting Minutes February 22, 2023
shortage of contractors and engineers in our area. She said her
neighbor is putting pressure on City staff to make her raze the structure.
Building Official Kevin Garriott said today's hearing is for the Board to
accept the affidavit of non-compliance. He said the work was not
complete by the board ordered date and the property is not in
compliance. He said his department issues about a thousand permits a
month and people are getting work done with contractors and engineers..
One individual supported the continuance of the hearing to allow Ms.
Jones additional time to complete the permit.
One individual said there have been many violations at this property and
a portion of his fence was destroyed in the fire which he paid to get
fixed.
Member Schultz 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 WITHDRAWN - Case 93-22 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) A J M 1322 Browning St LLC at 1322 Browning St. for Residential
Rental Business Tax Receipt. (Kasman)
Case 93-22 was withdrawn
6. Other Board Action
6.1 Case 35-21 - Request to stop lien accrual for respondent(s) Totten, Marilyn Trust at
1279 Druid Rd. E. for Inoperative Vehicle. (Kasman)
No one was present to represent the Respondent.
Code Inspector Daniel Kasman said the property was brought before the
Board in April 2021 with several violations. Inoperative vehicles continue to
show up on the property in different stages of disrepair. He requested the
board to order the daily fine be stopped in order for the City to pursue
removal of the vehicles.
Two individuals supported the removal of the vehicles. They said they
are neighbors and the son of the property owner works on cars all day
and night and plays loud music. They have placed cameras on their
house and filed noise complaints with the police. They said the type of
people that deal with him are not safe to have around.
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Municipal Code Enforcement Board Meeting Minutes February 22, 2023
Member Schultz moved to approve the request to stop the lien accrual
for the Inoperative Vehicle violation, Case 35-21. The motion was duly
seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 Case 14-23 (PNU2023-00096) -Accept the Nuisance Abatement Lien for
respondent(s) Glozal Village LLC and Rebus Salus LLC at 1510 Barry 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 as present to represent the Respondent.
Inspector Daniel Kasman provided a PowerPoint presentation. The
grounds are littered with garbage. The perimeter fence has been
removed and the property is being graffitied. He has been in contact
with the general contractor and there is a dumpster on site.
Attorney Isabel submitted composite exhibits.
Member Schultz moved to enter an order finding the Respondent in
violation of the ity 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 15-23 (PNU2023-00100) -Accept the Nuisance Abatement Lien for
respondent(s) Joan Klein at 2387 Nash 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. (Jehnzen)
No one was present to represent the Respondent.
Code Inspector David Jehnzen provided a PowerPoint presentation.
Nobody resides at the property and utilities have been shut off since
November 2022. The owner is aware of the violation. The lawn is
overgrown and blocks a drain in the road. The overgrowth extends up the
house into the soffit.
Attorney Isabel submitted composite exhibits.
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Municipal Code Enforcement Board Meeting Minutes February 22, 2023
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.
7.3 WITHDRAWN - Case 16-23 (PNU2023-00095) - Accept the Nuisance Abatement
Lien for respondent(s) Centro NP Clearwater Mall LLC at 2723 Gulf to Bay Blvd. for
Accumulation and Placement of Nuisances/Transient Activity; and issue an order with
the compliance deadline and authorize the City to mitigate the violation if compliance
is not met. (Jehnzen)
Case 16-23 was withdrawn
7.4 Case 22-23 (PNU2023-00097) -Accept the Nuisance Abatement Lien for
respondent(s) Joan D'Emidio at 2896 St. John Dr. for Overflowing Dumpster; and
issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Brown)
No one was present to represent the Respondent.
Code Inspector Shelby Brown provided a PowerPoint presentation.
There is a large-scale accumulation of debris. Clearwater Police
conducted a narcotics raid at the property on February 15, 2023 and she
was called out to take pictures. All the contents of the house were
removed and placed outside. The entire property is filled with debris,
smells bad and is a nuisance.
Attorney Isabel submitted composite exhibits.
Member Schultz 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.
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Municipal Code Enforcement Board
Meeting Minutes February 22, 2023
7.5 WITHDRAWN - Case 23-23 (PNU2023-00136) - Accept the Nuisance Abatement
Lien for respondent(s) APD Gulf to Bay LLC at 1724 Gulf to Bay Blvd. 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 23-23 was withdrawn
8. Adjourn
The meeting adjourned at 2:56 p.m.
Attest:
Chair,
Sec etry to the : oar
City of Clearwater
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ode Enforcement Board