Loading...
05/24/2023 Municipal Code Enforcement Board Meeting Minutes May 24, 2023 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, May 24, 2023 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes May 24, 2023 Roll Call Present - Board Member Robert Kenne, Board Member David Farrar, Board Member KerryAnn Rainey, and Board Member C. Daniel Engel Absent 2 - Board Member Greg Brown, and Board Member Duane Schultz Also Present - Andy Salzman —Attorney for the Board, Jarrod Simpson —Assistant City Attorney, Nicole Sprague — Secretary to the Board 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the April 26, 2023 Municipal Code Enforcement Board meeting as submitted in written summation. Member Engel moved to approve the minutes of the April 26, 2023 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 showed before and after pictures of a property that had violations and said the process is working. He said the work the board does makes a difference and he thanked them for their service. Attorney Nick Pizanias, representing Coachman Creek Condo Association, Case 32-22, provided a status update to the progress of the unsafe building violation and said the temporary staircase has been installed and construction is active and ongoing. Member Engel moved to have the Respondent provide a status update at the August 23, 2023 meeting. The motion was duly seconded and carried unanimously. 4. New Business Items 4.1 Case 31-23 - Status update regarding respondent(s) Garrido Family Trust at 818 Chestnut St. in violation of Code for Unsafe Building. (Cantrell) No one was present to represent the Respondent. Building Inspector Jason Cantrell said the property owner is working on permitting and they intend to comply by the date ordered by the Board. He said no permit applications have been submitted at this time. 4.2 Continued from October 26, 2022 and March 22, 2023, Continue to August 23, 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 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes May 24, 2023 if compliance is not met. (Cantrell) Case 94-22 was continued to August 23, 2023. 4.3 Continued from April 26, 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) No one was present to represent the Respondent. Member Engel 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 John Stephens provided a PowerPoint presentation and showed photos of the property and violations. Furniture and items not intended for outdoor use remain on the property and items are covered with tarps. Member Rainey moved to enter an order requiring the Respondent to correct the violation for Exterior Storage on or before June 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. 4.4 WITHDRAWN - Case 47-23 - Find respondent(s) Michael Ingrassia & Donna Herding at 1413 Druid Rd E in violation of Code for Parking Lot Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 47-23 was withdrawn. 4.5 WITHDRAWN - Case 48-23 - Find respondent(s) David A De Rousse at 1383 Boylan Ave. in violation of Code for Hauling Trailer; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 48-23 was withdrawn. 4.6 Case 49-23 - Find respondent(s) Saint Laurent Holdings LLC at 1620 N Ft. Harrison Ave. in violation of Code for Exterior Surfaces and Door and Windows; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Property owner Frank Persechino admitted to the violation. Member Rainey 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. 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes May 24, 2023 Inspector Greg Dixon provided a PowerPoint presentation. The structure needs fresh paint rotted wood replaced. There are boarded up windows and doors. He said as of today, some work has been done, some rotted wood has been replaced and some boards over windows have been removed. The porch on the north side of the building has been repaired and a couple doors have been filled in, rotten wood on the fascia has been removed. Remaining boarded up windows and doors still need to be addressed. Mr. Persechino said the work that remains requires an architect to design. He anticipates having the architect drawings in 4-6 weeks and can then hire a contractor and submit the plans for permitting. Member Kenne moved to have the Respondent provide a status update at the July 26, 2023 Municipal Code Enforcement Board meeting. The motion was duly seconded and carried unanimously. 4.7 Case 50-23 - Find respondent(s) 1472 Pierce LLC at 1472 Pierce St. in violation of Code for Grass Parking; 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 said compliance had been met and requested a declaration of violation. Member Rainey moved to find the Respondent was in violation of Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. 4.8 Case 51-23 - Find respondent(s) Florida Land Trust Agreement, Silveira, Christine Tre at 2709 Via Cipriani #534A in violation of Code for Short Term Rental and Residential Rental Business Tax Receipt; and issue an order with the compliance deadline and fine if compliance is not met. (Green) No one was present to represent the Respondent. Code Compliance Supervisor Sarah Green said compliance had been met and requested a declaration of violation. Member Rainey moved to find the Respondent was in violation of Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes May 24, 2023 4.9 Continue to June 28, 2023 - Case 52-23 - Find respondent(s) A E C Sunset Point LLC at 2750 Sunset Point Rd. in violation of Code for Portable Storage Unit; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) Case 52-23 was continued automatically to June 28, 2023. 4.10Continue to June 28, 2023 - Case 53-23 - Find respondent(s) A E C Sunset Point LLC at 2750 Sunset Point Rd. in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Case 53-23 was continued automatically to June 28, 2023. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 108-21 Affidavit of Compliance Dennis Hill 204 Pennsylvania Ave. Hauling Trailer/Exterior Storage - Dixon 5.1.2 Case 03-23 Affidavit of Compliance Circle K Stores 1501 Gulf to Bay Blvd. Graffiti - Stephens 5.1.3 Case 18-23 Affidavit of Compliance Kellen Driscoll 1460 Pierce St. Parking on Unpaved Area - Kasman 5.1.4 Case 20-23 Affidavit of Compliance Boulevard Clearwater Associates LLC 2266 Gulf to Bay Blvd. Fences - Kasman 5.1.5 Case 22-23 Affidavit of Compliance Joan D'Emidio 2896 St John Dr. Lot Clearing - Brown Member Rainey moved to accept the Affidavits of Compliance for Cases 108-21, 03-23, 18-23, 20-23, and 22-23. The motion was duly seconded and carried unanimously. 5.2 WITHDRAWN - Case 03-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Circle at 1501 Gulf to Bay Blvd. for Graffiti. (Stephens) 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes May 24, 2023 Case 03-23 was withdrawn. 6. Other Board Action 6.1 Case 225-19 - Consider request by petitioner(s) Angel Investment Group of Tampa Inc. at 1044 N Madison Ave. to reduce the fine re Permits; 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. (Espinosa) Property owner representative Gelray Gainey requested to have the fine reduced to $2,500. He said he purchased the property in 2018 and violations occurred in 2019 and it took a long time to bring the property into compliance. He said he is happy the work is done. Housing Inspector Nilda Espinosa said all cited violations have been corrected. Assistant City Attorney Jarrod Simpson said the total fine amount is $303,250.00. The City's administrative and investigative costs total $1,525.20. Attorney for the Board Andy Salzman said per Board policy, the fine amount cannot be reduced below the city's administrative and investigative costs. Member Kenne moved to reduce the lien down to $2,500.00 payable in 30 days. The motion was duly seconded and carried unanimously. 6.2 Case 19-20 - Consider request by petitioner(s) Jeffrey Rothschild at 600 Edenville Ave. to reduce the fine re Parking Lot Surface; 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. (Mulder) Property owner Jeffrey Rothschild was present. Assistant City Attorney Jarrod Simpson said the parking lot surface violation has been corrected and the lien amount is $64,800.00, the investigative and administrative costs total$1,265.20. Discussion ensued with comment made that the lot clearing and inoperative vehicle violations need to be addressed. Member Kenne moved to reduce the lien down to $2,000.00 payable in 30 days. The motion was duly seconded and carried unanimously. 7. Nuisance Abatement Lien Filings 7.1 Case 56-23 (PNU2023-00273 and PNU2023-00274) - Accept the Nuisance Abatement Lien for respondent(s) Jeffrey Rothschild at 600 Edenville Ave. for Lot Clearing and Inoperative Vehicle; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Jehnzen) 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes May 24, 2023 Property owner Jeffrey Rothschild was present. Inspector David Jehnzen provided a PowerPoint presentation. He said there is a violation for accumulation of trash and debris and for an inoperative vehicle. Garbage and appliances are in the yard, some of the debris has been removed as of today. Materials not intended for outdoor use are still in the yard. The inoperative vehicle has not moved since the case was opened in March, the tires are not inflated. Pictures from the day before the hearing show more debris placed in the yard and the vehicle remains in the same spot. He recommended compliance within five days of the Board's order. Mr. Rothschild said he suffers from medical conditions and came home from the hospital to find a woman had moved into the house and all the junk in the yard was hers. He said he is unable to drive anymore and intends to sell the vehicle. In response to questions, Mr. Jehnzen said the property abuts a mobile home park who granted him permission to use their property to take pictures of Mr. Rothschild's back yard. He said he does not know how long the violation has been ongoing, he opened a case in March when a compliant was received. Member Rainey moved to enter an order finding the Respondent in violation of the City of Clearwater Codes 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 nuisances, and charge the Respondent with the reasonable costs which will become a lien on the property. If costs and fees remain unpaid three 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 57-23 (PNU2023-00357) -Accept the Nuisance Abatement Lien for respondent(s) Lowell Kelly at 1445 Cleveland 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) No one was present to represent the Respondent. Inspector John Stephens provided a PowerPoint presentation. Bags of trash and debris, including electronics and metal scrap materials, etc. litter the yard. He recommended compliance within five days of the Board's order. Member Kenne moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes 8. Adjourn Attest: C „tope Secr to to the Boa d May 24, 2023 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 and fees remain unpaid three 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 2:35 p.m. City of Clearwater t Chair, M icipal Code Enforcement Board 8