04/26/2023 Municipal Code Enforcement Board Meeting Minutes April 26, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, April 26, 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 April 26, 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 - Andy Salzman —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 Approve the minutes of the February 22, 2023 Municipal Code Enforcement Board as
submitted in written summation.
Member Farrar moved to approve the minutes of the February 22, 2023
Municipal Code Enforcement Board minutes as submitted in written
summation. The motion was duly seconded and carried unanimously.
2.2 Approve the minutes of the March 22, 2023 Municipal Code Enforcement Board as
submitted in written summation.
Member Farrar moved to approve the minutes of the March 22, 2023
Municipal Code Enforcement Board minutes as submitted in written
summation. The motion was duly seconded and carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda
Assistant City Attorney Melissa Isabel introduced Assistant City Attorney
Jarrod Simpson who will be taking over the Municipal Code Enforcement
Board process in the next couple of months.
4. New Business Items
4.1 Case 25-23 - Find respondent(s) T A H 2017 2 Borrower LLC at 1309 Barry St. in
violation of Code for Hauling Trailer; 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.
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Municipal Code Enforcement Board Meeting Minutes April 26, 2023
Inspector Kasman provided a PowerPoint presentation. A large black
hauling trailer was parked improperly in the front yard. It remained
parked in the same location up to the date of this meeting. He said the
property owner is an investment company who owns many properties in
Clearwater. The certified mail was signed for but not action has been
taken to correct the violation.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before May 27, 2023. If the Respondent
does not comply within the time specified, the Board may order a find
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.
4.2 Case 26-23 - Find respondent(s) Glozal Village LLC, Rebus Salus LLC at 1510 Barry
Rd. in violation of Code for Public Nuisance Condition; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
Property representative Joseph Procopio said after speaking with code
enforcement, a fence will be installed to prohibit graffiti from happening.
Construction permits have been submitted and are in review with
Planning and Development. He said the previous owner installed a
fence without a permit and the current owner was told by the City that it
needed to be removed. Building Official Kevin Garriott said the property
was cited with a stop work order and the City did not instruct the property
owner to remove the fence that was existing. He said the property is
located in a flood zone and building code will require the structure to be
raised up over the base flood elevation, which impacts the dollar amount
required for repairs on the structure. If improvements to the structure
exceed 50% of its market value, the entire structure must be brought into
full compliance with current flood regulations. The property owner is
working on getting an appraisal that will help decrease the market value
which has created a delay in approving the permits. He said the site plan
for use has been approved.
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.
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Municipal Code Enforcement Board Meeting Minutes April 26, 2023
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before May 27, 2023. If the Respondent
does not comply within the time specified, the Board may order a find
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.
4.3 WITHDRAWN - Case 27-23 - Find respondent(s) Alto Asset Company 2 LLC at 701
Brookside Dr. in violation of Code for Roof Maintenance; and issue an order with the
compliance deadline and fine if compliance is not met. (Stephens)
Case 27-23 was withdrawn.
4.4 Continue to May 24, 2023 - Case 28-23 - Find respondent(s) Lowell Kelly at 1445
Cleveland St. in violation of Code for Exterior Storage; and issue an order with the
compliance deadline and fine if compliance is not met. (Stephens)
Case 28-23 was continued to May 24, 2023.
4.5 Case 29-23 - Find respondent(s) P B P Clearwater LLC at 1721 Gulf to Bay Blvd. in
violation of Code for Exterior Surfaces; and issue an order with the compliance deadline
and fine if compliance is not met. (Stephens)
Property representative Abdi Boozar-Jomheri denied the violation.
Inspector Stephens provided a PowerPoint presentation. There is mold
and mildew growing on the painted building. There was a ripped awning
violation that the sign inspector cited, and that violation was brought into
compliance.
Mr. Boozar-Jomheri contacted the sign inspector to let him know that the
awning had been removed and the building was pressure washed and
treated. He said the discoloration will not come off. The discolored wall
faces North.
In response to questions, Inspector Stephens said the wall appears to be
stained with mold and mildew although no test was done to confirm if it was.
The building surface is stained, or the paint is fading. Exterior surfaces are
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Municipal Code Enforcement Board Meeting Minutes April 26, 2023
required to be kept in an attractive manner. Code Compliance Manager
Rebecca Mulder said the code requires the exterior of residential and
commercial properties to be maintained in the manner it was designed to be.
Mr. Boozar-Jomheri said the code does not enforce the color of the
building and the discoloration will not come off and there is nothing to be
enforced.
Member Engel 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.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before June 27, 2023. If the Respondent
does not comply within the time specified, the Board may order a find
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.
4.6 Case 30-23 - Find respondent(s) CTL Propco I LLC, c/o Glas Trust Co LLC at 27001 US
Highway 19 in violation of Code for Unsafe Building; and issue an order with the
compliance deadline and fine if compliance is not met. (Cantrell)
Case 30-23 was continued to May 24, 2023.
4.7 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)
Property owner Eddie Garrido denied the violation. He said in August
2021 Clearwater Police Department was in pursuit of a drunk driver
driving west on Chestnut St. that crashed into his building and resulted in
the City declaring the building unsafe.
In response to a statement, Assistant City Attorney Melissa Isabel said
the City issued Mr. Garrido a settlement amount shortly after the incident.
Only a solar installation permit has been applied for since the incident.
The building has been repaired without permits and inspections.
Assistant Building Official Dana Root said he received a letter from a
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Municipal Code Enforcement Board Meeting Minutes April 26, 2023
Professional Engineer saying the building repairs are complete and is safe.
The information was received in an email and not a digital or paper signed
and sealed document which is required. He requested the proper
documentation and has not received it. In response to a question, Mr. Root
said a sealed letter from an engineer would officially notify the City that the
building is safe. The property owner needs to have a contractor apply for a
permit and submit the proper signed and sealed plans by a professional
engineer for the work that was done.
Member Engel 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.
Member Engel moved to enter an order requiring the Respondent to
correct the violations on or before June 24, 2023. If the Respondent
does not comply within the time specified, the Board may order a find
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.
Attorney for the Board Andy Salzman said a status update can be
provided at the May 24, 2023 meeting.
4.8 Case 42-23 - Find respondent(s) Terrence Flass at 1647 Dartmouth St. in violation of
Code for Unsafe Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Cantrell)
Property owner Terence Flass admitted to the violation.
Building Inspector Jason Cantrell provided a PowerPoint presentation. A
structure fire damaged the roof and interior contents. There is structural
damage and the property has been secured.
In response to a question, Mr. Flass said he would like to repair the roof,
facia, soffit and install new doors, windows, shutters, and repaint. He said
the roof is still open. He goes to the house daily to clear out the contents
and thinks it will take about three months to clean it out.
Member Farrar moved to find the Respondent in violation of the City of
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Municipal Code Enforcement Board Meeting Minutes April 26, 2023
Clearwater Code as referred to in the affidavit in this case. The motion
was duly seconded and carried unanimously.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before July 26, 2023. If the Respondent
does not comply within the time specified, the Board may order a find
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.
4.9 Case 43-23 - Find respondent(s) Stephen Ruhland at 1401 Drew St. in violation of Code
for Permits; and issue an order with the compliance deadline and fine if compliance is not
met. (Espinosa)
Property owner Stephen Ruhland admitted to the violation. He said the
current tenants will not let him on the property to repair issues.
Inspector Nilda Espinosa provided a PowerPoint presentation. She said
the tenants filed the complaint. There are cracks in the structure and
water damage is visible. There is visible termite damage and window
panes are either missing or are screwed shut. Unsafe electrical outlets
and light fixtures hanging by wires were observed.
In response to a question, Assistant Building Official Dana Root said it
is not an unsafe case at this time. The damage appears to be
maintenance issues.
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.
Discussion ensued regarding the process and time frame of the eviction
process. It was suggested the property owner start the eviction process.
In response to questions, Mr. Ruhland said he needs to have police
present to access the property and can't afford to hire an attorney.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before June 24, 2023. If the Respondent
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Municipal Code Enforcement Board Meeting Minutes April 26, 2023
does not comply within the time specified, the Board may order a find
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.
4.10Case 44-23 - Find respondent(s) 1295 Santa Rosa LLC at 1295 Santa Rosa St. in
violation of Code for Lot Clearing; and issue an order with the compliance deadline and
fine if compliance is not met. (Stephens)
Property representative Joseph Dalfin denied the violation.
Code Inspector John Stephens provided a PowerPoint presentation. The
property is an apartment complex. Garbage and debris litter the property.
Solid Waste increased their pick-up frequency to almost daily to handle
the amount of trash that was deposited on the property. Solid Waste also
posted the property with a warning about trash being left in the Right of
Way. A sliding glass door of a unit had been busted out and boarded up
with broken glass all around the ground.
In response to a question, Mr. Stephens said a 6 yard dumpster was on
the property and Solid Waste recently provided a roll back dumpster. He
said tenants who were evicted left their belongings outside on the
grounds of the property.
Mr. Dalfin said people arrive in moving trucks to dump their belongings
and garbage on the property. He said there is a company who goes to
the property weekly to clear out the trash.
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.
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before May 26, 2023. If the Respondent
does not comply within the time specified, the Board may order a find
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
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Municipal Code Enforcement Board Meeting Minutes April 26, 2023
remedies available under the law. The motion was duly seconded and
carried unanimously.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 04-15 - Affidavit of Compliance
Randy Higgins
1615 Drew St.
Inoperative Vehicle/Lot Clearing/Exterior Storage - Dixon
5.1.2 Case 225-19 - Affidavit of Compliance
Angel Investment Group of Tampa Inc
1044 N Madison Ave.
Permits - Espinosa
5.1.3 Case 35-21 - Affidavit of Compliance
Totten, Marilyn Trust
Totten, Marilyn K Tre
1279 Druid Rd.
Residential Grass Parking/Canvas Structures - Touray
5.1.4 Case 155-21 - Affidavit of Compliance
599 Bay Esplanade LLC
599 Bay Esplanade
Permits - Cantrell
5.1.5 Case 32-23 - Affidavit of Compliance
RSRCACD 2201 LLC
708 N Osceola Ave.
Lot Clearing - Dixon
Member Farrar moved to accept the Affidavits of Compliance for
Cases 04-15, 225-19, 35-21, 155-21, and 32-23. The motion was duly
seconded and carried unanimously.
5.2 Case 104-22 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Bruce B
Moffatt at 1465 S Evergreen Ave. for Fences and Driveway Surface. (Kasman)
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.
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6. Other Board Action
6.1 Case 04-15 - Consider request by petitioner(s) Truman 2016 Sc6 Title Trust/Truman
Capital Advisors, LP at 1615 Drew St. to reduce the fine re Exterior Storage, Lot
Clearing, and Inoperative Vehicles; and if approved, issue an order that specifies a fine
that includes administration costs and establishes a date payable or the lien will revert to
its original amount. (Sudduth)
Assistant City Attorney Melissa Isabel said the property went through the
foreclosure process and the bank is the party requesting a lien reduction.
The property is in compliance. The property was cited in 2014 for exterior
storage, lot clearing, and inoperative vehicle. The lien amount accrued
to $878,100.00. Administrative and investigative fees total $1,658.00.
Property representative Stephanie See said relocation assistance was
offered to the previous property owner. The property is in compliance
and under contract for sale.
Member Kenne moved to reduce the lien down to administrative and
investigative costs of $1,658.00 payable in 30 days. The motion was
duly seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN - Case 45-23 (PNU2023-00132) - Accept the Nuisance Abatement Lien
for respondent(s) Sheila Koscielny at 2342 Chaucer 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. (Jehnzen)
Case 45-23 was withdrawn.
7.2 Case 46-23 (PNU2023-00205) -Accept the Nuisance Abatement Lien for respondent(s)
B P of Pinellas LLC at 18698 US Highway 19 N 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.
Inspector David Jehnzen provided a PowerPoint presentation. Two couches
were found on the property and another couch was placed on the property
after the Notice of Violation was issued. There is no dumpster on the
property and dumpster enclosure is filled with garbage. There is not an
active utility account on the property. He recommended compliance within 5
days of the Board's order.
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Municipal Code Enforcement Board Meeting Minutes April 26, 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 Case 54-23 (PNU2023-00253) -Accept the Nuisance Abatement Lien for respondent(s)
Street Dreams Irrev Trust, Trueblood, Cheryl Tre at 1400 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)
No one was present to represent the Respondent.
Inspector Greg Dixon provided a PowerPoint presentation. A Jaguar is
sitting next to the vacant building. The tag registration is from 2019. He
recommended compliance within 5 days of the Board's order.
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.
7.4 Case 55-23 (PNU2023-00252) -Accept the Nuisance Abatement Lien for respondent(s)
Margaree Valma and Marcus Turner at 1001 Carlton 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. (Dixon)
No one was present to represent the Respondent.
Inspector Dixon provided a PowerPoint presentation. A van and a car
with missing license plates are parked on the property. He recommended
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Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes April 26, 2023
compliance within 5 days of the Board's order.
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.
The meeting adjourned at 3:55 p.m.
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