12/20/2023 Municipal Code Enforcement Board Meeting Minutes December 20, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, December 20, 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 December 20, 2023
Rollcall
Present4 - Chair Greg Brown, Board Member Robert Kenne, Board Member David
Farrar,and Board Member C. Daniel Engel
Absent 2 - Board Member Duane Schultz & Board Member KerryAnn Rainey
Also Present— Christine Murchie —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 November 29, 2023 Municipal Code Enforcement Board
meeting as submitted in written summation.
Member Schultz moved to approve the minutes of the November 29,
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
Code Compliance Supervisor Sarah Green introduced the new Code
Inspector, Mark Still.
4. New Business Items
4.1 Continued from November 29, 2023 - 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)
No one present to represent the Respondent.
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Municipal Code Enforcement Board Meeting Minutes December 20, 2023
Building Inspector Jason Cantrell said the permit is active and work is
progressing.
Member Farrar moved to continue the status update for Case 32-22 to
the February 28, 2024. The motion was duly seconded and carried
unanimously.
4.2 Case 139-23 - Find respondent(s) Gilbert Jannelli at 530 Jones St. in violation of Code
for Roof Maintenance and Sidewalks and Parking Surfaces; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
No one was present to represent the Respondent.
Inspector Kasman provided a PowerPoint presentation. He said the
sidewalk surface violation is now in compliance. He said the canvas
structure over the sidewalk has had new panels installed but there are still
shreds of fabric and dirty panels visible.
In response to a question, Mr. Kasman said none of the needed work
requires a permit.
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
regarding Sidewalks and Parking Surfaces, 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.
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 regarding Roof Maintenance on or before January
20, 2024. 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 20, 2023
4.3 Case 140-23 - Find respondent(s) Gilbert Jannelli at 540 Jones St. in violation of Code
for Exterior Surfaces, Door and Window Openings, and Roof Maintenance; and issue an
order with the compliance deadline and fine if compliance is not met. (Kasman)
No one was present to represent the Respondent.
Inspector Kasman provided a PowerPoint presentation. He said the
exterior paint is chipped and peeling and there is water damage visible in
the overhangs. He said progress is being made but there is still work that
needs to be done. The garage door is fixed and painted.
In response to a question, Mr. Kasman said the owner indicated he was
selling the property and said the structure may be demolished but must
be maintained if left standing.
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 January 20, 2024. 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.
4.4 Continue to January 24, 2024 - Case 141-23 - Find respondent(s) QT Homes LLC,
Srnka, Gilbert P Est at 1233 Lakeview Rd. in violation of Code for Landscape; and issue
an order with the compliance deadline and fine if compliance is not met. (Touray)
Case 141-23 was automatically continued to January 24, 2024.
4.5 Case 142-23 - Find respondent(s) Bay Area Infectious Disease Center at 1407 Gulf to
Bay Blvd. 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. (Stephens)
Respondent Neelam Uppal was present and denied the violation.
Inspector John Stephens provided a PowerPoint presentation. He said a
complaint was received for trash on the property and once there he
observed a renter living at the property without a Business Tax Receipt.
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Municipal Code Enforcement Board Meeting Minutes December 20, 2023
In response to questions, Code Compliance Manager Rebecca Mulder
said the City is seeking a Declaration of Violation as staff is aware there
is nobody currently living at the property.
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, 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.
4.6 WITHDRAWN - Case 143-23 - Find respondent(s) Bay Area Infectious Disease Center
at 1407 Gulf to Bay Blvd. in violation of Code for Fences and Walls; and issue an order
with the compliance deadline and fine if compliance is not met. (Stephens)
Case 143-23 was withdrawn.
4.7 Case 144-23 - Find respondent(s) Joan Klein at 2387 Nash St. in violation of Code for
Abandoned Building; and issue an order with the compliance deadline and fine if
compliance is not met. (Jehnzen)
No one was present to represent the Respondent.
Inspector Jehnzen provided a PowerPoint presentation. He said the yard
is overgrown and he spoke to a neighbor who said the owner lives out of
state and the property has been vacant for five years. He said the utilities
have been shut off at the property since November 2022.
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 January 31, 2024. 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 20, 2023
5. Old Business Items
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 96-20 Affidavit of Compliance
US Bank Natl Assn Tre
209 S Jupiter Ave.
Lot Clearing - Kasman
5.1.2 Case 69-23 Affidavit of Compliance
Dixon, Josephine Est
207 Pennsylvania Ave.
Exterior Surfaces - Dixon
5.1.3 Case 72-21 Affidavit of Compliance
Brian Nicholas Hudson
1317 Overlea St.
Exterior Storage - Dixon
5.1.4 Case 80-23 Affidavit of Compliance
703 Jones Street LLC
703 Jones St.
Living in Vehicle and Exterior Surfaces - Kasman
5.1.5 Case 82-23 Affidavit of Compliance
Emanuel Retails LLC
706 Drew St.
Portable Storage Unit - Kasman
5.1.6 Case 130-23 Affidavit of Compliance
Cleveland 639 Land Trust
639 Cleveland St.
Exterior Surfaces - Kasman
Member Farrar moved to accept the Affidavits of Compliance for Cases
96-20, 69-23, 72-21, 80-23, 82-23, and 130-23. The motion was duly
seconded and carried unanimously.
5.2 Continued from November 29, 2023 - Case 66-23 -Accept the Affidavit(s) of
Non-Compliance for respondent(s) Cleveland Gulf to Bay LLC at 1417 Cleveland St. for
Permits. (Espinosa)
Property representative Nick Anderson was present. He said a contractor
has been hired and hopes the permits will be approved by the end of the
year.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 20, 2023
Housing Inspector Espinosa said this violation has been ongoing since
July. The property has changed hands since the case was originally
opened.
Member Kenne moved to continue the acceptance of the Affidavit of
Non-Compliance for Case 66-23 to January 24, 2024. The motion was
duly seconded and carried unanimously.
5.3 Case 43-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Stephen
Ruhland at 1401 Drew St. for Permits. (Espinosa)
Case 43-23 was continued to January 24, 2024.
5.4 Case 70-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Ayad Elayyan
at 1383 Gulf to Bay Blvd. for Graffiti. (Stephens)
No one was present to represent the Respondent.
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.
5.5 Case 79-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Prelude
Holdings LLC at 504 S Myrtle Ave. for Exterior Surfaces and Window and Door
Openings. (Kasman)
No one was present to represent the Respondent.
It was clarified that the Window and Door violation was in compliance and
the item is to accept the Affidavit of Non-Compliance is for the Exterior
Surfaces violation.
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.
5.6 Case 83-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Lowell Kelly at
1445 Cleveland St. for Exterior Surfaces. (Stephens)
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 20, 2023
No one was present to represent the Respondent.
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 Continued from November 29, 2023 - Case 99-18 - Consider request by petitioner(s)
Amy Brannen at 615 Belleview Blvd. to reduce the fine re Exterior Surfaces and Exterior
Storage; 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)
Property owner Amy Brannen was present. She said she did not know she
was supposed to contact the inspector once the violation had been
corrected
Attorney for the Board Andy Salzman said the investigative and
administrative fees total $1,521.20.
Member Farrar moved to enter an order reducing the amount of the lien
for Case 99-18 to administration costs of$1,521.20, payable by June 30,
2024 or the lien will revert to its original amount. The motion was duly
seconded and carried unanimously.
6.2 Case 25-18 - Consider request by petitioner(s) John Liu for 1465 Laura Street Trust at
1465 Laura St. to reduce the fine re Parking Lot Surfaces; 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 representative John Liu was present. He said the violation was
corrected within a couple months of the original meeting but the inspector
was never notified to come reinspect the property.
Member Kenne moved to enter an order reducing the amount of the lien
for Case 25-18 to administration costs of$1,201.20, payable within 90
days or the lien will revert to its original amount. The motion was duly
seconded and carried unanimously.
6.3 Case 72-21 - Consider request by petitioner(s) Brian Hudson at 1317 Overlea St. to
reduce the fine re Exterior Storage; 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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes December 20, 2023
its original amount. (Dixon)
Property owner Brian Hudson was present. He said boat repairs are no
longer occurring on the property.
Member Kenne moved to enter an order reducing the amount of the lien
for Case 72-21 to administration costs of$1,027.20 payable within 30
days or the lien will revert to its original amount. The motion was duly
seconded and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 Case 151-23 (PNU2023-01236 and PNU2023-01237) - Accept the Nuisance Abatement
Lien for respondent(s) Ralph Rophie at 450 Palm Isl for Inoperative Vehicle and Lot
Clearing; and issue an order with the compliance deadline and authorize the City to
mitigate the violation if compliance is not met. (Kasman)
Case 151-23 was withdrawn.
7.2 Case 152-23 (PNU2023-01153) - Accept the Nuisance Abatement Lien for
respondent(s) Justin and Liz Lee at 300 S Arcturas 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. (Stephens)
No one was present to represent the Respondent.
Inspector Stephens provided a PowerPoint presentation. He said there
are two vehicles with flat tires and no license tag.
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.
245
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City of Clearwater
Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes December 20, 2023
The meeting adjourned at 2:45 p.m.
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Chair, Municipal Code Enforcement Board
Secretary t. the Boar, .
City of Clearwater
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