03/27/2024 Municipal Code Enforcement Board Meeting Minutes March 27, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, March 27, 2024
1 :30 PM
Main Library - Council Chambers
Municipal Code Enforcement Board
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes March 27, 2024
Present - Board Member Robert Kenne, Board Member David Farrar, Board
Member KerryAnn Rainey, Board Member C. Daniel Engel, and Board
Member Duane Schultz
Absent 1 - Chair Greg Brown
Also Present—Andy Salzman —Attorney for the Board, Jerrod Simpson —Assistant
City Attorney, and Nicole Sprague — Secretary to the Board
1. Call To Order
2. Approval of Minutes
Member Kenne moved to approve the minutes of the February 28, 2024
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 None.
4. New Business Items
4.1 Continued from January 24 and 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)
No one was present to represent the Respondent.
Inspector Jehnzen provided a PowerPoint presentation. He said the
property is owner occupied and has been in disrepair for years. In
response to questions, Mr. Jehnzen said the case was continued in
January because he was not in the office and the property owner
requested the continuance in February because she was ill.
Member Schultz 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 Rainey moved to enter an order requiring the Respondent to
correct the violations on or before April 27, 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.
4.2 Continued from February 28, 2024, Continue to April 24, 2024 - Case 17-24 - Find
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Municipal Code Enforcement Board Meeting Minutes March 27, 2024
respondent(s) Shawnte Turner and Mark Acevedo at 1142 Palm Bluff St. in violation of
Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Dixon)
Case 17-24 was automatically continued.
4.3 Continued from February 28, 2024 - Case 21-24 - Find respondent(s) Kimberly Home Inc
at 1180 Grove St. in violation of Code for Exterior Surfaces and Roof Maintenance; and
issue an order with the compliance deadline and fine if compliance is not met. (Stephens)
No one was present to represent the Respondent.
Inspector Stephens provided a PowerPoint presentation. He said there is
roof paper on top of the old roof with wood nailed in to try to hold the paper
down. The screens on the front porch are torn. The property owner
requested the continuance in February to obtain necessary repair permits.
Member Schultz 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 Rainey moved to enter an order requiring the Respondent to
correct the violations on or before April 27, 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 Case 32-24 - Find respondent(s) Vicki A Hass at 3035 Oak Cove Dr. in violation of Code
for Exterior Surfaces; and issue an order with the compliance deadline and fine if
compliance is not met. (Brown)
Attorney representative Luke Lirot said he has represented Ms. Hass for
years but was recently retained by the City to represent them in federal
court, which would be a conflict of interest. He requested the case be
continued to allow Ms. Hass to hire another attorney.
Member Kenne moved to continue Case 32-24 to April 24, 2024. The
motion was duly seconded and carried unanimously.
4.5 Case 33-24 - Find respondent(s) Mark and Cynthia Jackson at 1775 Lawrence Dr. in
violation of Code for Roof Maintenance; and issue an order with the compliance deadline
and fine if compliance is not met. (Brown)
Property owner Mark Jackson was present and admitted to the violation.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes March 27, 2024
Inspector Brown provided a PowerPoint presentation. She said she has
worked with the property owners and the roof issues have been going on
for a couple years. A blue tarp has covered the roof for much of that time.
Member Rainey 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 enter an order requiring the Respondent to
correct the violations on or before May 27, 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.
4.6 Continue to April 24, 2024 - Case 34-24 - Find respondent(s) Dawn Blair at 910 Plaza
St. in violation of Code for Exterior Surfaces and Abandoned Building; and issue an order
with the compliance deadline and fine if compliance is not met. (Dixon)
Case 34-24 was automatically continued.
4.7 WITHDRAWN - Case 35-24 - Find respondent(s) Ilham Bilgutay at 503 N Garden Ave. in
violation of Code for Parking, Exterior Surfaces, and Exterior Storage; and issue an order
with the compliance deadline and fine if compliance is not met. (Kasman)
Case 35-24 was withdrawn.
4.8 Case 36-24 - Find respondent(s) Montebello LLC at 604 N Ft. Harrison Ave. in violation
of Code for Fences and Walls, Exterior Surfaces, and Roof Maintenance; and issue an
order with the compliance deadline and fine if compliance is not met. (Kasman)
Property representative Rafael Rodriguez was present and admitted to
the violation.
Inspector Kasman provided a PowerPoint presentation. He said there is
damage to the roof and soffits. A portion of the roof is caved in. The fence
is in disrepair and there is a lot of damage to the exterior siding.
A progress update was requested for the April meeting.
Member Rainey 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 Kenne moved to enter an order requiring the Respondent to
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Municipal Code Enforcement Board Meeting Minutes March 27, 2024
correct the violations on or before May 27, 2024, with a status update
given at the April 24, 2024 meeting. 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.
4.9 Case 37-24 - Find respondent(s) Nancy O'Neill at 1360 Druid Rd. in violation of Code for
Parking; and issue an order with the compliance deadline and fine if compliance is not
met. (Jehnzen)
Nancy O'Neill was present and admitted to the violation.
Inspector Jehnzen provided a PowerPoint presentation. A boat parked on
the property needs to be moved, it is currently being stored on the side
yard and is partially on the neighbor's property.
Ms. O'Neill said she had the neighbor's permission to park the boat partially
on their property.
Member Rainey 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 Kenne moved to enter an order requiring the Respondent to
correct the violations on or before April 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.
5. Old Business Items
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 12-19 Affidavit of Compliance
Marjorie Connelly
151 Devon Dr.
Permits - Root
5.1.2 Case 98-19 Affidavit of Compliance
Chaplin, Jacqueline Est
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Municipal Code Enforcement Board Meeting Minutes March 27, 2024
1000 Grantwood Ave.
Fences & Walls, Exterior Surfaces, Door & Window Openings, and Windows
Maintenance - Dixon
5.1.3 Case 49-23 Affidavit of Compliance
Saint Laurent Holdings LLC
1620 N Ft. Harrison Ave.
Exterior Surfaces, Door & Window Openings - Dixon
5.1.4 Case 23-24 Affidavit of Compliance
Wallace Ernestine Est
906 Engman St.
Lot Clearing - Dixon
Member Kenne moved to accept the Affidavits of Compliance for Cases
12-19, 98-19, 49-23, and 23-24. The motion was duly seconded and
carried unanimously.
5.2 Continued from February 28, 2024, Continue to April 24, 2024 - Case 127-23 - Accept
the Affidavit(s) of Non-Compliance for respondent(s) Dorothy Fraley at 1754 Apache Trl
for Exterior Surfaces and Exterior Storage. (Dixon)
Case 127-23 was automatically continued.
5.3 Case 144-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Joan Klein at
2387 Nash St. for Abandoned Building. (Jehnzen)
No one was present to represent the Respondent.
Member Rainey 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.
5.4 Case 140-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Gilbert
Jannelli at 540 Jones St. for Exterior Surfaces, Door and Window Openings, and Roof
Maintenance. (Kasman)
Gilbert Jannelli was present. He said he has a buyer who was undecided if
they want to repair the building. A decision was made to repair it and bids
have been received for the work, which should begin by next week.
Inspector Kasman showed photos of the property. He said each time he
spoke to Mr. Jannelli regarding the violations, Mr. Jannelli said the
property is being sold. Some repairs have been made but the building is
still not in compliance.
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Municipal Code Enforcement Board Meeting Minutes March 27, 2024
In response to a question, Mr. Jannelli said the estimated closing date is
July 5, 2024.
Member Kenne 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 17-02 & 98-19 - Consider request by petitioner(s) Zachary Sorrentino at 1000
Grantwood Ave to reduce the fine re Fences, Exterior Storage, Door and Window
Openings, and Window Maintenance ; 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. (Dixon)
Petitioner Zachary Sorrentino said he purchased the property and let the
tenant stay for an additional 30 days, then he got to work to bring the
property into compliance.
One individual said this has been a problem property for years and that it
now looks great.
It was said that the property owner passed away. The daughter inherited it
and then passed away.
Member Schultz moved to enter an order reducing the amount of the
lien for Cases 17-02 and 98-19 to administrative costs of$2,972.40,
payable within 30 days or the lien will revert to its original amount. The
motion was duly seconded and carried unanimously.
6.2 Case 12-19 - Consider request by petitioner(s) Kevin Kincaid at 151 Devon Dr. to reduce
the fine re Permits; 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. (Root)
Kevin Kincaid was present.
Assistant Building Official Dana Root provided background of the case. A
block wall, a concrete slab, and steps were installed without a permit in
2018. He said the City does not support a lien reduction.
Mr. Kincaid said he did the work without a permit. When the issue was
brought to his attention, he worked to bring the property into compliance. He
lives out of state and was trying to coordinate the work. During this time,
his sister, whose name is on the property, passed away.
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Municipal Code Enforcement Board Meeting Minutes March 27, 2024
Attorney for the Board Andy Salzman said the administrative and
investigative costs total $1,502.20.
Member Kenne moved to enter an order reducing the amount of the
lien for Case 12-19 to $5,000.00, payable within 30 days or the lien will
revert to its original amount. The motion was duly seconded and
carried unanimously.
6.3 Cases 125-21 and 126-21 - Consider request by petitioner(s) North Myrtle Avenue Land
Trust at 820 Hart St. and 407/409 S Myrtle Ave. to eliminate abatement liens. (Dixon)
Property owner Eddie Akpakpan was present.
Assistant City Attorney Jerrod Simpson said the lien amount on the
subject cases are hard cost expenditures to abate nuisances. The
property owner objects to some of the expenses.
Inspector Greg Dixon provided a PowerPoint presentation. He said he
hadn't heard from the property owner until last fall. Ten abatements for
overgrowth and two homeless camp removals have been completed by the
City. All mail, including the Affidavit of Violation and invoices were returned
unclaimed. He said work by the property owner was done but they only
mowed a portion of the lot. He said he receives an email confirmation from
the contractor when they go do the work, they send before and after photos.
Mr. Akpakpan said this started during COVID and he never received a
notice and was not aware there was a situation. Once he was aware of the
violation, he contracted with someone to keep up the property. He said he
has invoices proving he paid for the upkeep of the property. He said the
City did not provide proper notice.
Code Compliance Manager Rebecca Mulder said it is policy and
procedure for the property to be posted with the Affidavit of Violation if the
certified mail is not signed for. In response to a question, she said if the
contractor goes to a job and sees that the work was already complete,
they would notify the inspector.
Mr. Simpson said when the Board finds a property in violation for a
nuisance, the Board order is recorded and contemplates the City abating
a nuisance and maintaining the property.
Discussion ensued with comments made that there is no reason to
reduce the lien and that the City needs to be reimbursed. Anyone that owns
property with vegetation knows they need to maintain it. There is no
requirement for the City to contact the property owner each time a
contractor is sent to maintain a property.
Member Kenne moved to deny the request for a lien reduction for
Cases 125-21 and 126-21. The motion was duly seconded and carried
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Municipal Code Enforcement Board Meeting Minutes March 27, 2024
unanimously.
6.4 Case 28-23 and 83-23 - Approve the Stipulation and Agreement for petitioner(s) Sonia
Nasef& Mark Yousef at 1445 Cleveland St. (Stephens)
Assistant City Attorney Jerrod Simpson presented the agreement details.
He said if the property is brought into compliance within 90 days of the
agreement, the fine will be reduced to $5,000 payable within 60 days.
Member Kenne moved to approve the Stipulation and Agreement as
presented for Cases 28-23 and 83-23. The motion was duly seconded
and carried unanimously.
7. Nuisance Abatement Lien Filings
7.1 WITHDRAWN - Case 41-24 (PNU2024-00013) - Accept the Nuisance Abatement Lien
for respondent(s) RLV Cypress Point LP at 25813 US Highway 19 N for Lot Clearing;
and issue an order with the compliance deadline and authorize the City to mitigate the
violation if compliance is not met. (Brown)
Case 41-24 was withdrawn.
7.2 Case 42-24 (PNU2024-00089) -Accept the Nuisance Abatement Lien for respondent(s)
Patricia Halik at 1404 W Virginia 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. (Still)
No one was present to represent the Respondent.
Inspector Still provided a PowerPoint presentation. He said the license
plate has a registration sticker from 2020. The tires are flat. The
neighbors said the owner has not been there in a long time. All mail was
returned unclaimed.
Member Rainey 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 43-24 (PNU2024-00172) -Accept the Nuisance Abatement Lien for respondent(s)
Patricia Halik at 1404 W Virginia Ave. for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
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Municipal Code Enforcement Board Meeting Minutes March 27, 2024
met. (Still)
No one was present to represent the Respondent.
Inspector Still provided a PowerPoint presentation. The back of the
property is overgrown and in some places the overgrowth exceeds five
feet. There is excessive growth along the fence line. All mail has been
returned unclaimed.
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.
7.4 Case 44-24 (PNU2024-00036) -Accept the Nuisance Abatement Lien for respondent(s)
Thomas Little P.A. at 2123 NE Coachman Rd. for Inoperative Vehicle; and issue an order
with the compliance deadline and authorize the City to mitigate the violation if compliance
is not met. (Still)
No one was present to represent the Respondent.
Inspector Still provided a PowerPoint presentation. There is overgrowth in
the parking spaces. A trailer holding jet ski's has a flat tire and the jet
ski's do not have engines in them. The trailer registration expired in 2015.
He said the leaves were blown off the surface lot recently, but the leaves
were blown into the overgrowth.
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 54-24 (PNU2024-00221) -Accept the Nuisance Abatement Lien for respondent(s)
Christopher and Ruby Voight at 205 S Evergreen Ave. for Inoperative Vehicle; and issue
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Municipal Code Enforcement Board
Meeting Minutes March 27, 2024
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. The vehicle has
been in an accident, the front end is damaged and the air bags were
deployed. The vehicle does not have a tag.
Member Schultz 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 55-24 (PNU2024-00207) - Accept the Nuisance Abatement Lien for respondent(s)
Valentina Guarin at 208 S Hercules 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)
Case 55-24 was withdrawn at the meeting.
8. Adjourn
The meeting adjourned at 3:46 p.m.
CChair, M nicipal Code Enforcement Board
Attest:
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City of Clearwater