08/23/2023 Municipal Code Enforcement Board Meeting Minutes August 23, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, August 23, 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 August 23, 2023
Roll Call
Present4 - Vice Chair David Farrar, Board Member Robert Kenne, Board Member
C. Daniel Engel, and Board Member Duane Schultz
Absent 2 - Chair Greg Brown and Board Member KerryAnn Rainey
Also Present - Andy Salzman —Attorney for the Board, Jarrod Simpson —Assistant
City Attorney, and 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 July 26, 2023 Municipal Code Enforcement Board meeting as
submitted in written summation.
Member Engel moved to approve the minutes of the July 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
4. New Business Items
4.1 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 Adam Gurley, representing Coachman Creek Condo Association,
provided a status update to the progress of the unsafe building violation and
said the structural repair to the front walkway is almost complete and the
framing of the walkways have passed city inspection. Once the front is
complete, the back balconies will be addressed with an expected completion
date of October 15, 2023.
There was consensus to schedule a status update at the November 29,
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Municipal Code Enforcement Board Meeting Minutes August 23, 2023
2023 meeting.
4.2 Continued from May 24, June 28, and July 26, 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)
Attorney for the Board Andy Salzman said the property owner is also his
client and he would not provide any opinion on the matter.
Attorney Representative Clay Gilman said the storage containers were in
violation of code but compliance has been met.
Inspector Shelby Brown provided a PowerPoint presentation. She said the
portable storage units were placed on the property in 2021 to be used as
storage which is a development code violation and a zoning violation for
unpermitted use. She was notified on August 16, 2023 that he containers
had been removed and showed pictures on August 17, 2023 showing the
containers were gone. She requested a declaration of violation and thanked
the property owner for their work on compliance.
Member Engel moved to find the Respondent was in violation of the
City of Clearwater 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 against the Respondent. 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
4.3 Continued from May 24, June 28, and July 26, 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)
Attorney Representative Clay Gilman said a landscape architect has
been hired and requested ninety days to obtain a permit and come into
compliance.
Property owner Kamran Rouhani said a permit was obtained in 2019
which was inspected by the City, SWFWMD, and FDEP.
Building Inspector Jason Cantrell provided a PowerPoint presentation. He
said no permits were submitted for in 2019. He said code requires this
property to have a 25 ft. natural vegetative buffer as it abuts a zoned
preservation area. He presented pictures of the property in 2019 and 2021
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 23, 2023
which showed the 25 ft. buffer zone was cleared of all vegetation and fill dirt
was brought in.
In response to a concern, Assistant City Attorney Jarrod Simpson said the
property owner may have obtained buffer clearing and grubbing permits from
another governmental entity but one was not issued by the City.
Lead Environmental Specialist Sarah Kessler said a couple years ago
the City requested the property owner obtain an approved jurisdictional
wetland survey and provide a 25 ft. buffer from the wetland line.
Mr. Cantrell said there has been enough time to bring the property into
compliance.
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 Schultz moved to continue the final determination portion of
the hearing to October 25, 2023. The motion was duly seconded and
carried unanimously.
4.4 Continued from October 26, 2022, March 22, May 24, and July 26, 2023, Continue to
October 25, 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 automatically continued to October 25, 2023.
4.5 Continued from July 26, 2023, Continue to September 27, 2023 - 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 compliance is not
met. (Cantrell)
Case 67-23 was automatically continued to September 27, 2023.
4.6 Continue to September 27, 2023 - Case 69-23 - Find respondent(s) Dixon, Josephine
Est at 207 Pennsylvania Ave. in violation of Code for Exterior Surfaces; and issue an
order with the compliance deadline and fine if compliance is not met. (Dixon)
Case 69-23 was automatically continued to September 27, 2023.
4.7 Continue to September 27, 2023 - Case 70-23 - Find respondent(s) Ayad Elayyan at
1383 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)
Case 70-23 was automatically continued to September 27, 2023.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 23, 2023
4.8 Continue to September 27, 2023 - Case 71-23 - Find respondent(s) Garrido Family Trust
at 818 Chestnut St. in violation of Code for Landscape Maintenance; and issue an order
with the compliance deadline and fine if compliance is not met. (Stephens)
Case 71-23 was automatically continued to September 27, 2023.
5. Unfinished Business
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 104-22 - Affidavit of Compliance
Bruce Moffatt
1465 S Evergreen Ave.
Fences - Kasman
5.1.2 Case 21-23 - Affidavit of Compliance
SRMA PACK I-B LLC
18 S Cirus Ave.
Landscape Maintenance - Stephens
5.1.3 Case 25-23 - Affidavit of Compliance
TAH 2017 2 Borrower LLC
1309 Barry St.
Hauling Trailer - Kasman
5.1.4 Case 26-23* - Affidavit of Compliance-Cont'd. from July 26, 2023, Cont. to Sept.
2772023
Glozal Village LLC
1510 Barry Rd.
Attractive Nuisance - Kasman
5.1.5 Case 44-23 - Affidavit of Compliance
1295 Santa Rosa LLC
1295 Santa Rosa St.
Lot Clearing - Stephens
5.1.6 Case 64-23 - Affidavit of Compliance
Filoftea Gach
1252 S San Remo Ave.
Inoperative Vehicle — Jehnzen
Member Schultz moved to accept the Affidavits of Compliance for
Cases 104-22, 21-23, 25-23, 26-23*, 44-23, and 64-23. The motion was
duly seconded and carried unanimously.
*the affidavit of compliance for Case 26-23 was accepted at the August 23, 2023 Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 23, 2023
meeting.
5.2 WITHDRAWN - 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)
Case 21-23 was withdrawn.
5.3 Continue to September 27, 2023 - Case 28-23 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Lowell Kelly at 1445 Cleveland St. for Exterior
Storage. (Stephens)
Case 28-23 was automatically continued to September 27, 2023.
5.4 Continue to September 27, 2023 - Case 31-23 - Accept the Affidavit(s) of
Non-Compliance for respondent(s) Garrido Family Trust at 818 Chestnut St. for Unsafe
Building. (Cantrell)
Case 31-23 was automatically continued to September 27, 2023.
6. Other Board Action
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN - Case 73-23 (PNU2023-00620) - Accept the Nuisance Abatement Lien
for respondent(s) Urbanscape LLC at 1796 Harbor Dr. 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 73-23 was withdrawn.
7.2 Case 74-23 (PNU2023-00500) -Accept the Nuisance Abatement Lien for respondent(s)
Flatrock Holdings Group LLC at 18600 US Highway 19 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. He said
the property was recently sold and he has been in contact with the new
owner who is attempting to contract with a company to mow the lot and
clear the debris. The property has two water retention areas where
vegetation grows rapidly. The property is a vacant lot and is frequently
used as a dump site.
Member Kenne moved to enter an order finding the Respondent in
violation of the City of Clearwater Code and requiring the Respondent
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes August 23, 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. 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 Continue to September 27, 2023 - Case 75-23 (PNU2023-00610) - Accept the Nuisance
Abatement Lien for respondent(s) Becker, Ann Est at 682 Druid Park Dr W 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 75-23 was automatically continued to September 27, 2023.
7.4 Case 89-23 (PNU2023-00629) -Accept the Nuisance Abatement Lien for respondent(s)
Elizabeth Simmons Est at 1780 Harbor Dr. 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 Greg Dixon provided a PowerPoint presentation. He said he
believes the home is vacant and has had no contact with the property owner.
The notice of violation certified green card was signed for. The overgrowth
and debris need to be cleared from the property.
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.
7.5 Case 90-23 (PNU2023-00558) -Accept the Nuisance Abatement Lien for respondent(s)
Fort Harrison Square LLC at 1406 N Garden 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. (Kasman)
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City of Clearwater
Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes August 23, 2023
No one was present to represent the Respondent.
Inspector Daniel Kasman provided a PowerPoint presentation. He said
there is a continuous issue of garbage and debris on the lot. Vegetation
overgrowth is impeding the sidewalk. He said he had contact with the
property's management company who did cut and clear certain things on
the property but the piles of vegetation, garbage, and debris remain.
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.
The meeting adjourned at 2:19 p.m.
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Chair, ui�4icipal Code Enforcement Board
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City of Clearwater