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10/25/2023 Municipal Code Enforcement Board Meeting Minutes October 25, 2023 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, October 25, 2023 1 :30 PM Pinellas County, 333 Chestnut Street, Palm Room, Clearwater, FL 33756 Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 Rollcall Present - Chair Greg Brown, Board Member Robert Kenne, Board Member David Farrar, Board Member KerryAnn Rainey, Board Member C. Daniel Engel, and Board Member Duane Schultz 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. followed by the Pledge of Allegiance. 2. Approval of Minutes Member Kenne moved to approve the minutes of the September 27, 2023 as submitted in written summation. 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 Continued from Oct. 26, 2022, March 22, May 24, July 26, Aug. 23, and Sept. 27, 2023, Continue to January 24, 2024 - 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 January 24, 2024. 4.2 Continued from Sept. 27, 2023 - 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) No one was present to represent the Respondent. 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 Inspector Greg Dixon said the Board previously found the property in violation and continued the item for status updates. He said the city recommends the property owner correct the violations by December 1, 2023. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before December 1, 2023. If the Respondent does not comply within the time specified, the Board may order a fine of $150.00 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 Continued from Sept. 27, 2023 - Case 85-23 - Find respondent(s) Greg and Nanette Zipadelli at 1825 Venetian Point Dr. in repeat violation of Code for Short Term Rental; and issue an order that a daily fine be imposed for each day the repeat violation(s) existed. (Green) No one was present to represent the Respondent. Code Enforcement Supervisor Sarah Green provided a PowerPoint presentation. She said this is a repeat violation as the property owner had previously been found in violation for renting the property out on a short-term basis in August 2021. She said screenshots of the Airbnb site showed a three night stay minimum on three separate occasions, July 28, 2023, July 31, 2023, and August 1, 2023. She recommended a $1,000.00 fine per day for the three days mentioned, totaling $3,000.00. Member Farrar moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded and carried unanimously. Member Farrar moved to enter an order that a fine of $1,000.00 per day be imposed for the three days the repeat violation existed for a total fine of $3,000.00 payable within 30 days of the Order postmark. 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. If the Respondent repeats the violation, the Board may order a fine of up to $500.00 for each day the violation continues to exist. The motion was duly seconded and carried 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 unanimously. 4.4 Continued from August 23 & Sept. 27, 2023, Continue to Nov. 29, 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. (Mulder) Case 71-23 was automatically continued to November 29, 2023. 4.5 Continue to Nov. 29, 2023 - Case 92-23 - Find respondent(s) Paul and Danielle Zoz at 8 Midway Is in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 92-23 was automatically continued to November 29, 2023. 4.6 Continue to Nov. 29, 2023 - Case 93-23 - Find respondent(s) Deborah Seibert at 8 Leeward Is in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 93-23 was automatically continued to November 29, 2023. 4.7 Continue to Nov. 29, 2023 - Case 94-23 - Find respondent(s) Chad and Angela Ricketts at 756 Snug Is in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 94-23 was automatically continued to November 29, 2023. 4.8 Continue to Nov. 29, 2023 - Case 95-23 - Find respondent(s) Gerald and Teresa Halle at 331 Windward Is in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 95-23 was automatically continued to November 29, 2023. 4.9 Continue to Nov. 29, 2023 - Case 96-23 - Find respondent(s) Colucci, Carlo Camillo Trust, Colucci, Carlo Camillo Tre at 212 Midway Is in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 96-23 was automatically continued to November 29, 2023. 4.10Continue to Nov. 29, 2023 - Case 97-23 - Find respondent(s) Salvatore and Chritine Abbate at 137 Windward Is in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 97-23 was automatically continued to November 29, 2023. 4.11 Continue to Nov. 29, 2023 - Case 98-23 - Find respondent(s) William Colby Jacobsen at 14 Midway Is in violation of Code for Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 Case 98-23 was automatically continued to November 29, 2023. 4.12WITHDRAWN - Case 99-23 - Find respondent(s) Roman Tisovsky and Lenka Drgoba-Tisovsky at 1929 Rainbow Dr. in violation of Code for Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) Case 99-23 was withdrawn. 4.13WITHDRAWN - Case 100-23 - Find respondent(s) Gulf to Bay Center LLC at 1645 Gulf to Bay Blvd. in violation of Code for Sign Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Burghardt) Case 100-23 was withdrawn. 5. Old Business Items 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 99-18 - Affidavit of Compliance Amy Brannen 615 Belleview Blvd. Exterior Storage/Exterior Surfaces - Sudduth 5.1.2 Case 76-21 - Affidavit of Compliance Carole Martin 209 S Jupiter Ave. Abandoned Building - Kasman 5.1.3 Case 103-21 - Affidavit of Compliance 15 Hollingsworth Street 1831 N Highland Ave. Signage w/o Permits - Mulder 5.1.4 Case 58-22 - Affidavit of Compliance Yovany Sanchez Azpeitia 529 Skyview Ave. Permits - Swinton 5.1.5 Case 17-23 - Affidavit of Compliance Blast Ball LLC 3032 SR 590 Fences and Walls/Lot Clearing - Brown 5.1.6 Case 64-23 - Affidavit of Compliance Filoftea Gach 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 1252 S San Remo Ave. Inoperative Vehicle - Jehnzen 5.1.7 Case 116-23 - Affidavit of Compliance Trevor Lee Winger and Kyle Alan Winger 2071 The Mall Inoperative Vehicle - Dixon 5.1.8 Case 119-23 - Affidavit of Compliance Marcello Baldacchini 205 N Missouri Ave. Lot Clearing - Dixon Member Rainey moved to accept the Affidavits of Compliance for Cases 99-18, 76-21, 103-21, 58-22, 17-23, 64-23, 116-23, and 119-23. The motion was duly seconded and carried unanimously. 5.2 WITHDRAWN - Continued from Sept. 27, 2023 - Case 17-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Blast Ball LLC at 3032 SR 590 for Fences and Lot Clearing. (Brown) Case 17-23 was withdrawn. 5.3 WITHDRAWN - Case 62-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Luis and Lorena Rodriguez at 307 Eldridge St. for Residential Rental Business Tax Receipt. (Kasman) Case 62-23 was withdrawn. 5.5 Continued from August 23 and Sept. 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) Member Farrar moved to accept the Affidavit of Non-Compliance and issue an order that states 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. 6. Other Board Action 6.1 Case 52-22 - Consider request by petitioner(s) Elia Roncketti at 14 S Glenwood Ave. to reduce the fine re Residential Rental Business Tax Receipt; 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. (Kasman) 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 Assistant City Attorney Jerrod Simpson said the administrative and investigative costs for this case total $1,326.20. The lien amount is $8,550.00. In response to a concern regarding the property owner not being present at the meeting, it was explained that the owner is elderly and lives in Pennsylvania. Inspector Kasman said he has been in contact with the property owner several times and assisted him in obtaining the Business Tax Receipt. In response to questions, he said the Business Tax Receipt costs $31.50 per year. Discussion ensued with comment made that the owner has been receiving rent for the property and obtaining the Business Tax Receipt is a simple transaction. Member Farrar moved to enter an order reducing the amount of the lien for Case 52-22 to $2,500.00. The motion was duly seconded and carried unanimously. 7. Nuisance Abatement Lien Filings 7.1 WITHDRAWN - Continued from Sept. 27, 2023 - Case 111-23 (PNU2023-00679) - Accept the Nuisance Abatement Lien for respondent(s) Tafelberg Estates LLC at 1254 Grove 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 111-23 was withdrawn. 7.2 Case 120-23 (PNU2023-01057) - Accept the Nuisance Abatement Lien for respondent(s) Bay Area Infectious Disease Center at 1407 Gulf to Bay Blvd. 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 Stephens provided a PowerPoint presentation. He said there are rodents and piled up trash debris on the property. Transients who gather on an abutting property throw their garbage over the fence. He said some of the debris has been removed, but there is still trash to be removed. In response to a question, Mr. Stephens said the building is vacant and in disrepair. He has had no contact with the owner. 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 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. 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 121-23 (PNU2023-01028) - Accept the Nuisance Abatement Lien for respondent(s) Gratus-Filius Enterprises LLC at 1700 Gulf to Bay Blvd. 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 Stephens provided a PowerPoint presentation. Dead palm fronds litter the parking lot and the property is overgrown. The overgrowth is impeding the sidewalk and there is loose trash all over the property. He said he has had no contact with the owner. 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. 7.4 Case 122-23 (PNU2023-00983) - Accept the Nuisance Abatement Lien for respondent(s) Joss, Bonnie C Est at 1609 Turner 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 Stephens provided a PowerPoint presentation. He said the property owner passed away and left the property to a sister who lives out of 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 state. The sister is unable to keep the property due to a reverse mortgage on it so she is letting the foreclosure process take course. She said her attorney said the upkeep of the property is not her responsibility and the bank will not take responsibility until the foreclosure is settled. The property is severely overgrown. 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 123-23 (PNU2023-00963) - Accept the Nuisance Abatement Lien for respondent(s) Anthony Dorner at 511 Orangeview 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. The property is overgrown. He said some progress has been made but work still needs to be done. In response to a question, he said he was in touch with the property owner who said the lawnmower was not working. 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 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 138-23 (PNU2023-00388) - Accept the Nuisance Abatement Lien for respondent(s) 696 S Gulfview Blvd LLC at 696 S Gulfview Blvd. for Lot Clearing; and issue an order with the compliance deadline and authorize the City to mitigate the 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes October 25, 2023 violation if compliance is not met. (Kasman) Case 138-23 was withdrawn. 7.7 WITHDRAWN - Case 124-23 (PNU2023-00979) - Accept the Nuisance Abatement Lien for respondent(s) Veronica Zerman at 1943 Overbrook 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) Case 124-23 was withdrawn. 8. Adjourn Attest: The meeting adjourned at 2:09 p.m. 7,2705 Chair, NGinicipal Code Enforcement Board Secre ary to the Boa City of Clearwater 10