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07/26/2023 Municipal Code Enforcement Board Meeting Minutes July 26, 2023 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, July 26, 2023 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 Roll Call Present - Board Member Robert Kenne, Board Member David Farrar, Board Member Greg Brown, Board Member C. Daniel Engel, and Board Member Duane Schultz Absent 1 - Board Member KerryAnn Rainey Also Present - Andy Salzman —Attorney for the Board, Jarrod Simpson —Assistant City Attorney, Nicole Sprague — Secretary to the Board 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. 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. 2. Approval of Minutes 2.1 Approve the minutes of the May 24, 2023 Municipal Code Enforcement Board meeting as submitted in written summation. Member Farrar moved to approve the minutes of the May 24, 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 Terry Flask said he was under the impression that his unsafe structure meant unsafe for occupancy and that if he fixed the roof and left the house unoccupied, the property would be in compliance. He said he spoke with the building inspector who said all cited violations needed to be addressed, including electrical and plumbing. Assistant City Attorney Jarrod Simpson said the code does not distinguish between occupied and unoccupied. Wayne Carothers said he was a member of this Board for nine years and served as Chair and he learned a lot from all the people. He said this is 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 the most important board the city has and he appreciated the work of the Board. Marita Lynch said 1631 Tuscola Rd is across the street from her house and nobody has lived there for 20 years. She said the condition of the property is not fair to the rest of the neighborhood and that the property has a homestead exemption listed although it is obvious that nobody lives there. Bill Jonson said code enforcement officers are first responders whose goal is to stop real property values from falling. He said the City should not accept cash settlement to abate accruing liens and recommended partnering with non-profit agencies for assistance in some of the code enforcement issues. Vicki Haas said someone reported a violation on her property and she was told the complaint was anonymous and that she thought the law had changed to prohibit anonymous complaints. Assistant City Attorney Jarrod Simpson said anonymous complaints are allowed, but the city may not bring the violation to the code enforcement board based on that complaint. There are other ways cases are initiated. Code Enforcement Supervisor Sarah Green introduced Code Enforcement Inspector Lisa Byington who is new to the City. 4. New Business Items 4.1 Case 49-23 - Status update regarding respondent(s) Saint Laurent Holdings LLC at 1620 N Ft. Harrison Ave. in violation of Code for Exterior Surfaces and Door and Windows. (Dixon) Code Enforcement Inspector Greg Dixon provided pictures of the property and said there has been no change to the structure and no permits have been opened. Property representative Frank Persechino said his architect provided preliminary pictures of what can be done to close in the windows and said designs would be complete next week to submit for the permit. A contractor is ready to begin once permits have been issued. He requested an additional 60 days to bring the property into compliance. Member Farrar moved to continue the status update for 60 days. The motion was duly seconded and carried unanimously. 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 4.2 Continued from May 24 and June 28, Continue to August 23, 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 automatically continued to August 23, 2023. 4.3 Continued from May 24 and June 28, Continue to August 23, 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 automatically continued to August 23, 2023. 4.4 WITHDRAWN - Continued from June 28, 2023 - Case 58-23 - Find respondent(s) Frank Chivas at 309 S Venus Ave. in violation of Code for Hauling Trailer; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) Case 58-23 was withdrawn. 4.5 Continued from June 28, 2023, Case 59-23 - Find respondent(s) G & G Vacations LLC at 701 S Madison Ave. in violation of Code for Short Term Rental; and issue an order with the compliance deadline and fine if compliance is not met. (Green) Nobody was present to represent the respondent. Code Compliance Supervisor Sarah Green said compliance has been met and requested a declaration of violation. Member Farrar 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. 4.6 WITHDRAWN - Continued from June 28, 2023, Case 60-23 - Find respondent(s) Tal and Anat Ezra at 2330 Stag Run Blvd. in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Simon) Case 60-23 was withdrawn. 4.7 Case 61-23 - Find respondent(s) Karen Winter-Christy at 1184 S Duncan Ave. in violation of Code for Exterior Storage; and issue an order with the compliance deadline and fine if compliance is not met. (Jehnzen) Property owner Karen Winter-Christy denied the violation. 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 Code Enforcement Inspector David Jehnzen provided a PowerPoint presentation. He said some of the exterior storage had been removed and some of it was moved to the back yard. The property is on a small lake and the back yard is visible to all the neighbors around the lake. There are piles of stuff still present on the property. He said Code Enforcement Manager Rebecca Mulder and he have both spoken with the property owner several times and are unable to get an answer as to why the contents are being stored outdoors. The items are a nuisance and could attract rodents. Ms. Winter-Christy said a neighboring house had an open sewage leak which was not remedied properly and she became ill from being exposed to it and is unable to be outside of the home. She has had her air conditioning ducts cleaned and has hired people to help with the exterior storage. She said items were stolen. 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 Member Farrar moved to enter an order requiring the Respondent to correct the violation for Exterior Storage on or before August 30, 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. 4.8 Case 62-23 - Find respondent(s) Luis & Lorena Rodriguez at 307 Eldridge St. in violation of Code for Residential Rental Business Tax Receipt; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) No one was present to represent the Respondent. Code Enforcement Inspector Daniel Kasman provided a PowerPoint presentation. He said he originally went to the property for an inoperative vehicle violation and found the property owner was not living there. He said the property is not homesteaded and the current tenant has been living there since 2021. 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. 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 Member Farrar moved to enter an order requiring the Respondent to correct the violation for Exterior Storage on or before August 26, 2023. If the Respondent does not comply within the time specified, the Board may order a fine of $25 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. 4.9 WITHDRAWN - Case 63-23 - Find respondent(s) Peter Rosa at 1436 Park St. in violation of Code for Inoperative Vehicle; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) Case 63-23 was withdrawn. 4.10Continue to August 23, 2023 - Case 66-23 - Find respondent(s) Cleveland Gulf to Bay LLC at 1417 Cleveland St. in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Espinosa) Property representative Mick Anderson admitted to the violation. 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. Housing Inspector Nilda Espinosa provided a PowerPoint presentation. She said this is a repeat violation because the same property owner previously had the same violation at a different property. She said the property is being used as a restaurant and a wall was opened between two units in the strip plaza without a permit. A walk-in cooler has been installed without a permit as well. Mr. Anderson said he recently found out about the violations. He said he is the property manager and the tenant does not speak English. Member Farrar moved to enter an order requiring the Respondent to correct the violation for Exterior Storage on or before September 30, 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. 4.11 Case 67-23 - Find respondent(s) Glozal Village LLC at 1510 Barry Rd. in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 compliance is not met. (Cantrell) Case 67-23 was automatically continued to August 23, 2023. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 156-21 Affidavit of Compliance Dennis Hill 204 Pennsylvania Ave. Permits - Cantrell 5.1.2 Case 101-22 Affidavit of Compliance AJX Homes FL LLC 511 N Washington Ave. Lot Clearing - Dixon 5.1.3 Case 104-22 Affidavit of Compliance Bruce B Moffatt 1465 S Evergreen Ave. Driveway Surfaces - Kasman 5.1.4 Case 05-23 Affidavit of Compliance Brian Dreggors 1345 Browning St. Inoperative Vehicle - Kasman 5.1.5 Case 26-23 Affidavit of Compliance Glozal Village Rebus Salus LLC 1510 Barry Rd. Abandoned Building - Kasman 5.1.6 Case 56-23 Affidavit of Compliance Jeffrey Rothschild 600 Edenville Ave. Inoperative Vehicle/Lot Clearing - Jehnzen Member Farrar moved to accept the Affidavits of Compliance for Cases 156-21, 101-22, 104-22, 05-23, and 56-23. The motion was duly seconded and carried unanimously. The Affidavit of Compliance for Case 26-23 was continued to August 23, 2023. 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 5.2 Case 21-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) SRMA PACK I-B LLC at 18 S Cirus Ave. for Landscape Maintenance. (Stephens) Property representative Shannon Finley requested clarification on the bushes that required trimming. Code Enforcement Inspector John Stephens said Ms. Finley has been in communication and working towards compliance. He said the bushes directly in front of the house needed trimmed. Member Kenne moved to continue the Affidavit of Non-Compliance for Case 21-23 to August 23, 2023. 5.3 Case 25-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) T A H 2017 2 Borrower LLC at 1309 Barry St. for Hauling Trailer. (Kasman) Case 25-23 was withdrawn. 6. Other Board Action: None. 7. Nuisance Abatement Lien Filings 7.1 Case 64-23 (PNU2023-00351) -Accept the Nuisance Abatement Lien for respondent(s) Filoftea Gach at 1252 S San Remo Ave. for Inoperative Vehcile; 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 Enforcement Inspector David Jehnzen provided a PowerPoint presentation. He said there were two vehicles on the property but the property caretaker was able to take care of one. The remaining vehicle does not have a license plate, the tires on the passenger side are flat and the entire driver side windows are duct taped shut. The property occupant is in jail. Member Farrar 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 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 26, 2023 duly seconded and carried unanimously. 7.2 WITHDRAWN - Case 65-23 (PNU2023-00349) - Accept the Nuisance Abatement Lien for respondent(s) Michael Chenault at 1217 Caracas 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. (Jehnzen) Case 65-23 was withdrawn. 7.3 WITHDRAWN - Case 68-23 (PNU2023-00485) - Accept the Nuisance Abatement Lien for respondent(s) Paula Carroll at 908 Jones 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) Case 68-23 was withdrawn. 7.4 Case 72-23 (PNU2023-00356) -Accept the Nuisance Abatement Lien for respondent(s) Lowell Kelly at 1445 Cleveland 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. (Stephens) No one was present to represent the Respondent. Code Enforcement Inspector John Stephens provided a PowerPoint presentation. There is no tag on the vehicle rendering it inoperable. In response to a question, Mr. Stephens said he had been in touch with the property owner on a different issue but has not been able to reach him regarding this violation. Member Farrar 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. 8. Adjourn 9 City of Clearwater Municipal Code Enforcement Board Attest: Meeting Minutes July 26, 2023 The meeting adjourned at 3:06 p.m. ,7-.41A-it--,- Chair,icipal Code Enforcement Board Secre ary to the Bo City of Clearwater 10