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03/22/2023 Municipal Code Enforcement Board Meeting Minutes March 22, 2023 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 ep Meeting Minutes Wednesday, March 22, 2023 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 Roll Call Present 6 - Board Member Robert Kenne, Board Member David Farrar, Board Member KerryAnn Rainey, Board Member Greg Brown, Board Member C. Daniel Engel, and Board Member Duane Schultz Absent 1 - Board Member Peter Kohut Also Present - Mariana Gallastegui —Attorney for the Board, Melissa Isabel — Assistant City Attorney, Nicole Sprague — Secretary to the Board 1. Call To Order 2. Approval of Minutes 2.1 Continue to April 26, 2023 - Approve the minutes of the February 22, 2023 Municipal Code Enforcement Board as submitted in written summation. Member Farrar moved to continue the approval of minutes to the next meeting. 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 New Business Items 4.1 WITHDRAWN - Continued from April 27, July 27, and Oct. 26 2022, - Case 19-22 - Find respondent(s) Sunshine Towers Apt Residences at 1243 Martin Luther King, Jr. Ave., Bldg C in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Case 19-22 was withdrawn. 4.2 Continued from October 26, 2022, Continue to May 24, 2023- Case 94-22 - Find respondent(s) 601 Cleveland Street LLC at 613 Park St. in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Case 94-22 was continued to May 24. 2023. 4.3 Case 17-23 - Find respondent(s) Blast Ball LLC at 3032 SR 590 in violation of Code for Fences and Lot Clearing; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) Property representative Brian Johns admitted to the violation. 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 Member Farrar moved to find the Respondent 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 Brown provided a PowerPoint presentation. The building is currently vacant, and the fences are in disrepair and debris litters the property. This parcel abuts residential property and it's important to keep the fence secure and maintained. An attempt was made to correct the fence violation, but it is still not to code and dead vegetation and random debris needs to be cleared. Mr. Johns requested consideration to delay the fence repair on the east side of the property because of ongoing construction next door at the Humane Society. Inspector Brown said she would meet Mr. Johns on site to discuss what can be done to achieve compliance. Member Farrar moved to enter an order requiring the Respondent to correct the violation for Fences and Lot Clearing on or before April 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 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. 4.4 Case 18-23 - Find respondent(s) Kellen Driscoll at 1460 Pierce St. in violation of Code for Parking Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Property owner Kellen Driscoll said he explored the possibility of installing a parking surface in the front of the house, but it is not allowed per code. He is pursuing a permit to create parking in the rear of the property. He installed posts in the front lawn to prevent anyone from parking there. Inspector Kasman provided a PowerPoint presentation. He said the owner has submitted plans for a permit for a parking surface, but no permit has been issued yet and parking continues on the lawn. Street parking is an option at this property. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 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 violations on or before April 22, 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. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.5 WITHDRAWN - Case 19-23 - Find respondent(s) Jenny Rebecca Lewis at 15 N. Duncan Ave. in violation of Code for Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 19-23 was withdrawn. 4.6 Case 20-23 - Find respondent(s) Boulevard Clearwater Associates LLC at 2266 Gulf to Bay Blvd. in violation of Code for Fences; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) No one was present to represent the Respondent. Member Farrar moved to find the Respondent 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 Kasman provided a PowerPoint presentation. The fence on the east side of the property has been in disrepair. It is falling over and there are gaps in the fence. He said a new property manager recently took over the property and as of today there is an unsigned contract for fence repair. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before April 22, 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. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously 4.7 Case 21-23 - Find respondent(s) SRMA PACK I-B LLC at 18 S Cirus Ave. in violation of Code for Landscape Maintenance; 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 Stephens provided a PowerPoint presentation. The bushes are overgrown and grass is growing into the storm water drain and into the street. The overgrowth covers the sidewalk, and it is barely visible. He said the yard is being cut and maintained. He has had no contact with the property owner. Member Farrar moved to find the Respondent 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 violations on or before April 22, 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. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.8 WITHDRAWN - Case 24-23 (PNU2023-00159) - Accept the Nuisance Abatement Lien for respondent(s) Clearwater Westchester Apt LLC at 1295 Santa Rosa 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. (Stephens) Case 24-23 was withdrawn. 4.9 Continue to April 26, 2023 - Case 31-23 - Find respondent(s) Garrido Family Trust at 818 Chestnut St. in violation of Code for Unsafe Building and Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 Case 31-23 was continued to April 26, 2023. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 75-22 Affidavit of Compliance Clearwater Homes LLC 1476 Pierce St. Residential Grass Parking - Kasman 5.1.2 Case 01-23 Affidavit of Compliance FTMCLLC 1621 Gulf to Bay Blvd. Exterior Storage - Kasman Member Farrar moved to accept the Affidavits of Compliance for Cases 75-22 and 01-23. The motion was duly seconded and carried unanimously. Member Schultz departed chambers at 2:04 p.m. and returned at 2:08 p.m. 6. Other Board Action: None. 7. Nuisance Abatement Lien Filings 7.1 Case 32-23 (PNU2023-00167) -Accept the Nuisance Abatement Lien for respondent(s) RSRCACD 2201 LLC at 708 N Osceola 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. Attorney Isabel 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. After 3 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.2 Case 33-23 (PNU2023-00211 & PNU2023-00212) -Accept the Nuisance Abatement Lien for respondent(s) Schlau Properties Co at 1425 Sunset Pt. Rd. 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. Attorney Isabel 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.3 Case 34-23 (PNU2023-00183) -Accept the Nuisance Abatement Lien for respondent(s) Drew Street Professional Park LLC at 215 Fern 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. Attorney Isabel submitted composite exhibits. Member Farrar moved to enter an order finding the Respondent in 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.4 Case 35-23 (PNU2023-00184) -Accept the Nuisance Abatement Lien for respondent(s) Drew Street Professional Park LLC at 211 Fern 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. Attorney Isabel 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.5 Case 36-23 (PNU2023-00185) -Accept the Nuisance Abatement Lien for respondent(s) Drew Street Professional Park LLC at 209 Fern 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) No one was present to represent the Respondent. 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. Attorney Isabel submitted composite exhibits. Member Kenne 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.6 Case 37-23 (PNU2023-00186) -Accept the Nuisance Abatement Lien for respondent(s) Drew Street Professional Park LLC at 207 Fern 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.7 Case 38-23 (PNU2023-00187) -Accept the Nuisance Abatement Lien for respondent(s) 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 Drew Street Professional Park LLC at 806 Drew 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. (Dixon) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.8 Case 39-23 (PNU2023-00188) -Accept the Nuisance Abatement Lien for respondent(s) Drew Street Professional Park LLC at 808 Drew 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. (Dixon) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. Attorney Isabel submitted composite exhibits. Member Kenne 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. After 3 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 22, 2023 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.9 Case 40-23 (PNU2023-00228 & PNU2023-00229) -Accept the Nuisance Abatement Lien for respondent(s) Totten, Marilyn Trust, Totten Marilyn K Tre at 1279 Druid Rd. 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) No one was present to represent the Respondent. Inspector Kasman provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. He has been in contact with the property owner who is aware of the violation. The property owner's son conducts a vehicle repair business at that location. There is currently a daily fine running for the business violation. He said multiple people live there and the police have been called regarding drug activity. 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.10Case 41-23 (PNU2023-00195) -Accept the Nuisance Abatement Lien for respondent(s) Nicholas J Stewart at 1915 Macomber 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation and recommended compliance within 5 days of the Board's order. 11 City of Clearwater Municipal Code Enforcement Board 8. Adjourn Attest: Meeting Minutes March 22, 2023 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. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. The meeting adjourned at 2:27 p.m. hair, M nicipal Code Enforcement :oard Secreta to the : oard 12 City of Clearwater