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01/24/2024 Municipal Code Enforcement Board Meeting Minutes January 24, 2024 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, January 24, 2024 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 Roll Call Present 3 - Board Member Robert Kenne, Board Member David Farrar, and Board Member C. Daniel Engel Absent 2 - Board Member KerryAnn Rainey, and Board Member Duane Schultz Also Present— Christine Murchie —Attorney for the Board, Jerrod Simpson —Assistant City Attorney, and Nicole Sprague — Secretary to the Board 1. Call To Order The Chair called the meeting to order at 1:30 p.m. at the Main Library followed by Pledge of Allegiance. 2. Approval of Minutes Member Farrar moved to approve the minutes of the December 20, 2024 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded. 3. Citizens to be Heard Regarding Items Not on the Agenda: None. 4. New Business Items 4.1 Continued from December 20, 2023 - 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) No one was present to represent the Respondent. Inspector Touray provided a PowerPoint presentation. He said he was working with the property owner and met him at the property several times and explained what needed to be done to bring the violation into compliance. In response to a question, Mr. Touray said appropriate ground cover includes plants, mulch, or asphalt. He said he first contacted the property owner in May 2023. 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 February 24, 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 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 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. 4.2 WITHDRAWN - Case 01-24 - Find respondent(s) Lebron Free at 3337 San Pedro St. in violation of Code for Parking Lot Surface; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) Case 01-24 was withdrawn. 4.3 Continue to February 28, 2024 - Case 02-24 - Find respondent(s) RAD Diversified Reit Inc at 1108 Spencer Ave. in violation of Code for Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Jehnzen) Case 02-24 was automatically continued to February 28, 2024. 4.4 Continue to February 28, 2024 - Case 03-24 - Find respondent(s) Patricia De Priest at 1631 Tuscola Rd. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Jehnzen) Case 03-24 was automatically continued to February 28, 2024. 4.5 WITHDRAWN - Case 04-24 - Find respondent(s) Pinellas Investment Holdings LLC at 1411 Turner 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. (Stephens) Case 04-24 was withdrawn. 4.6 WITHDRAWN - Case 05-24 - Find respondent(s) 510 S Crest Ave LLC at 8718 Cobblestone Dr. 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) Case 05-24 was withdrawn. 4.7 Case 06-24 - Find respondent(s) Mesa Verde Assets LLC at 18 S Jupiter Ave. in violation of Code for Abandoned Building; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) Property representative Shannon Finley said she is aware of the violation and is working with a contractor to bring the property into compliance. Inspector Stephens provided a PowerPoint presentation. He said roof and renovation permits were obtained but expired before the work was complete. Demolition work had started but then stopped and the property has been sitting in the same condition for months. The roof has been 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 removed and the interior gutted. New roof trusses are sitting in the front yard under a tarp. A trench was dug into the ground at the front entrance that is not marked and is a safety hazard. He said his first contact with the property owner was the day prior. In response to a question, Ms. Finley said the company that owns the property applied for the permits but then decided to sell the property, which didn't happen. She said she will report back to management the details of today's hearing and wait for a decision on how they intend to proceed. She said she will stay in touch with the inspector. 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 February 24. 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. 4.8 Case 07-24 - Find respondent(s) Tera Frazier at 1647 Cleveland St. in violation of Code for Residential Grass Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) Case 07-24 was continued to March 27, 2024. 4.9 WITHDRAWN - Case 08-24 - Find respondent(s) 1616 Gulf to Bay LLC at 1616 Gulf to Bay Blvd. in violation of Code for Prohibitive Signage; and issue an order with the compliance deadline and fine if compliance is not met. (Burghardt) Case 08-24 was withdrawn. 4.10Case 09-24 - Find respondent(s) Irma Dindi at 1340 S Evergreen Ave. in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) No one was present to represent the Respondent. Inspector Cantrell provided a PowerPoint presentation. He said there 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 was a structure fire which left a hole in the roof and extensive smoke damage. The property owner demolished the roof and the interior of the home without a permit. He spoke to a contractor yesterday who was hired to remodel the home. A permit was applied for yesterday but no documents were submitted with it. 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 obtain the required permit on or before April 1, 2024 and complete the permit on or before October 1, 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. 5. Old Business Items 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 79-23 Affidavit of Compliance Prelude Holdings LLC 504 S Myrtle Ave. Door and Window Openings - Kasman 5.1.2 Case 80-23 Affidavit of Compliance 703 Jones Street LLC 703 Jones St. Portable Storage Unit and Exterior Storage - Kasman 5.1.3 Case 127-23 Affidavit of Compliance Dorothy Fraley 1754 Apache Trl. Parking Restrictions - Dixon 5.1.4 Case 131-23 Affidavit of Compliance Northshore Partners LLC 412 Pleasant St. Fences and Walls and Roof Maintenance - Kasman 5.1.5 Case 136-23 Affidavit of Compliance Codabudfit LLC 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 1185 Court St. Prohibited Signage - Burghardt 5.1.6 Case 139-23 Affidavit of Compliance Gilbert Jannelli 530 Jones St. Roof Maintenance - Kasman Member Farrar moved to accept the Affidavits of Compliance for Cases 79-23, 80-23, 127-23, 131-23, 136-23,and 139-23. The motion was duly seconded and carried unanimously. 5.2 WITHDRAWN - Continued from December 20, 2023 - 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 withdrawn. 5.3 Continued from November 29 and December 20, 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 permit application had been submitted. Inspector Espinosa said a permit was applied for today and it is under review. In response to questions, Mr. Anderson said the permit application covers the structure repairs and the installation of the walk-in freezer. Member Kenne moved to continue Case 66-23 to February 28, 2024. The motion was duly seconded and carried unanimously. 5.4 Case 10-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) INXS VII LLC at 1365 Overlea St. for Unsafe Building. (Cantrell) Member Farrar moved to continue Case 10-23 to February 28, 2024. The motion was duly seconded and carried unamimously. 5.5 Case 11-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) 2017 1 IH Borrower LP at 1714 Greenhill Dr. for Unsafe Building. (Cantrell) No one was present to represent the Respondent. Inspector Cantrell said the property is still in violation with a tenant still 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 living on the property. 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 42-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Terrence Flass at 1647 Dartmouth St. for Unsafe Building. (Root) Property owner Terrence Flass was present. He said he is working on removing contents from the house and will demolish the structure. In response to a question, Inspector Cantrell said the property owner is able to apply for a demolition permit. 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. 5.7 WITHDRAWN - Case 80-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) SJSKKS LLC at 703 Jones St. for Exterior Storage and Portable Storage Unit. (Kasman) Case 80-23 was withdrawn. 6. Other Board Action 6.1 Case 104-22 - Consider request by petitioner(s) Bruce Moffatt at 1465 S Evergreen Ave. to reduce the fine re Fences and Driveway 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. (Kasman) No one was present to represent the Petitioner. Inspector Kasman provided a PowerPoint presentation. He said a driveway was installed and the fence removed and the property is in compliance. Member Kenne moved to enter an order reducing the amount of the 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 lien for Case to administration costs of $1,499.20. The motion was duly seconded and carried unanimously. 6.2 Election of Officers. Member Engel moved to reappoint Greg Brown as Chair. The motion was duly seconded and carried unanimously. Member Kenne moved to reappoint David Farrar as Vice Chair. The motion was duly seconded and carried unanimously. 7. Nuisance Abatement Lien Filings 7.1 Case 23-24 (PNU2023-01265) -Accept the Nuisance Abatement Lien for respondent(s) Wallace, Ernestine Est at 906 Engman 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. He said the lot is vacant and there has been illegal dumping activity,jet skis, trailers, and debris liter the property. 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. 7.2 Case 24-24 (PNU2023-01264) -Accept the Nuisance Abatement Lien for respondent(s) Nina E Boykin, Jackson, Cornelia Est at 910 Engman 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. He said the home has been vacant for a couple of years. Transients have taken up camp on front porch. The property is a collection point for debris. He said some City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 of the items were moved to the curb and hauled away but several items still remain. 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 25-24 (PNU2024-00020) -Accept the Nuisance Abatement Lien for respondent(s) Charlene Battle at 1120 Palm Bluff Ct. for Inoperative Vehicle; 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. He was contacted by the Police Department regarding a car parked in the street that had three flat tires and one missing tire. The car was moved into the driveway. As of yesterday, all tires were removed and the car is sitting on railroad ties. 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 26-24 (PNU2023-01373) -Accept the Nuisance Abatement Lien for respondent(s) Jeffrey McWilliams at 1410 N Betty Ln. 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) 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. The property is a vacant car wash. A homeless individual is staying in one of the bays and debris and garbage liter the property. 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 28-24 (PNU2023-01280) -Accept the Nuisance Abatement Lien for respondent(s) Todd Reiss at 1104 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) No one was present to represent the Respondent. Inspector Kasman provided a PowerPoint presentation. The property is vacant with tree trimmings stacked up and there is evidence of transient activity. 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. 7.6 Case 29-24 (PNU2024-00030) -Accept the Nuisance Abatement Lien for respondent(s) Mainstreet Clearwater Dev at 412 Cleveland St. for Lot Clearing; and issue an order with 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 24, 2024 the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Kasman) No one was present to represent the Respondent. Inspector Kasman provided a PowerPoint presentation. He said it appears illegal dumping is occurring. There are dumpsters that are emptied by Solid Waste but items that are not in the dumpster are left behind. There is a Christmas tree, palm tree trimmings and furniture laying in the landscape next to the dumpster area. 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. 7.7 Case 30-24 (PNU2023-01282) -Accept the Nuisance Abatement Lien for respondent(s) Ilhan Bilgutay at 503 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) No one was present to represent the Respondent. Inspector Kasman provided a PowerPoint presentation. The property is littered with wood pallets, tools, rocks, and building materials. He said he has been in contact with the tenant and informed them of the violation. 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 11 City of Clearwater Municipal Code Enforcement Board 8. Adjourn Attest: Meeting Minutes January 24, 2024 the law. The motion was duly seconded and carried unanimously. The meeting adjourned at 2:57 p.m. hair, Mrs cipal Code Enforcement Board Secret': ry to the Boa City of Clearwater d 12