Loading...
04/24/2024 Municipal Code Enforcement Board Meeting Minutes April 24, 2024 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, April 24, 2024 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 Roll Call Present5 - Chair Greg Brown, Board Member David Farrar, Board Member KerryAnn Rainey, Board Member C. Daniel Engel, and Board Member Duane Schultz Absent 1 - Board Member Robert Kenne Also Present—Andy Salzman —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 the Pledge of Allegiance. 2. Approval of Minutes 2.1 Approve the minutes of the March 27, 2024 Municipal Code Enforcement Board meeting as submitted in written summation. Member Engel moved to approve the minutes of the March 27, 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 February 28 and March 27, 2024 - Case 17-24 - Find 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) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. He said the house needs woodwork and paint. No one is living in the house. He said the property owner passed away and he was initially in touch with the family and continued the case a couple times to give them more time to comply, but no work has been done and he hasn't heard from them. 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 violation on or before June 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 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 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 March 27, 2024 - 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) Vicki Hass was present. She denied the violation and said she did not know what the violation is. Inspector Brown provided a PowerPoint presentation. She said while inspecting the property for an abatement, she noticed vegetation and mildew growing on the exterior as well as peeling paint. There are significant holes in the soffit. Ms. Hass said she needed time to comply. 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 violation on or before June 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. 4.3 Case 45-24 - Find respondent(s) James P King CPA Inc at 807 N Ft. Harrison Ave. in violation of Code for Roof Maintenance, Exterior Storage, Landscape Maintenance, and Abandoned Building; 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 he had contact with the property owner's grandson. He spoke to the property owner in January. He said there is damage to the roof, soffit, and rafters. A squatter was evicted, and a handyman has been hired. Utilities and electricity are turned on. The property is full of trash and debris including a vacuum cleaner and chandelier. Work has been done, but issues remain. 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 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 violation on or before May 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 with the following vote: Ayes 4 - Chair Brown, Member Farrar, Member Rainey, and Member Engel Nays 1 - Member Schultz 4.4 Case 46-24 - Find respondent(s) Clearwater Town Center LLC at 511 S. Ft. Harrison Ave. in violation of Code for Windows Maintenance and Fences and Walls; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Property representative Jeff Davis was present and admitted to the violations. 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. Inspector Kasman provided a PowerPoint presentation. He said an awning in the rear of the property has a large tear and a walkway handrail along a sidewalk was crashed into by a car and bent. He said the awning has been removed and the handrail has been reinstalled but the walkway is too narrow. Mr. Davis said the awning is currently off-site being repaired. It should be reinstalled by the beginning of May. He said he has called three companies for the railing repair. He thinks the last one will show up and be able to do the repair correctly. Member Farrar moved to enter an order requiring the Respondent to correct the violation on or before June 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 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 remedies available under the law. The motion was duly seconded and carried unanimously. 4.5 Case 47-24 - Find respondent(s) Jingbai Wang and Xing Tong at 200 Windward Is in violation of Code for Existing Docks and Seawalls; 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 he has been in touch with the property owner. The dock has two bays and the roof is missing over on of the bays. The dock has chipped and failing paint and the metal is rusted. Wood from the bottom of the dock is starting to fall off. The property owner said they have received repair quotes. There is now a barricade to block entry onto the dock. 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 violation on or before May 24, 2024. If the Respondent does not comply within the time specified the Board may order a fine of $250.00 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 Case 48-24 - Find respondent(s) Nicholas Stewart at 1915 Macomber Ave. in violation of Code for Fences and Walls, Exterior Surfaces, and Abandoned Building; 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 Dixon provided a PowerPoint presentation. He said the owner passed away and the family was keeping up the property for awhile, but they recently told him they are no longer able to care for the property. No one is currently living there. 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 violation on or before June 1, 2024. If the Respondent does 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 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. 4.7 WITHDRAWN - Case 49-24 - Find respondent(s) Arthonia Godwin at 1237 Palmetto 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 49-24 was withdrawn. 4.8 Case 50-24 - Find respondent(s) Dzu Huy Vu & Trinh Thi Tu Le at 1325 St. Thomas Dr. in violation of Code for Short Term Rental; and issue an order with the compliance deadline and fine if compliance is not met. (Green) No one was present to represent the Respondent. Code Compliance Supervisor Sarah Green said the property is now in compliance. Member Rainey 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. 4.9 Continue to May 22, 2024 - Case 51-24 - Find respondent(s) Pro Star Multi Services LLC at 19080 US Highway 19 N in violation of Code for Prohibited Signage; and issue an order with the compliance deadline and fine if compliance is not met. (Burghardt) Case 51-24 was automatically continued to May 22, 2024. 4.10Continue to May 22, 2024 - Case 52-24 - Find respondent(s) Riti Investments LLC at 1915 Drew St. in violation of Code for Sign Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Burghardt) Case 52-24 was automatically continued to May 22, 2024. 4.11 Continue to June 26, 2024 - Case 53-24 - Find respondent(s) Residence at Renaissance Square Condo at 1216 S Missouri Ave. in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Nardin) Case 53-24 was automatically continued to June 26, 2024. 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 4.12Case 63-24 - Find respondent(s) JJJ Family LLLP at 2171 Beecher Rd. in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Espinosa) Property representative Dolmar Cross was present and denied the violation. 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. Inspector Espinosa provided a PowerPoint presentation. She said the violation was referred to the City by Pinellas County Licensing Board. She said the photos in the presentation were taken by Pinellas County in October 2022. The interior was gutted and the front door was moved. A piece of board now covers the previous entry. She said the previous owner did work without permits and the house has sat vacant. Mr. Cross said the company purchases properties in bulk, addresses any code issues and cleans up the properties. He said he has been in touch with the Permitting division and is working with engineers. He requested time to address the permit revisions. Member Engel moved to enter an order requiring the Respondent to correct the violation on or before May 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 98-19 - Affidavit of Compliance Chaplin, Jacqueline Est 1000 Grantwood Ave. Exterior Surfaces - Dixon 5.1.2 Case 91-22 - Affidavit of Compliance Mary M Jones 924 Mandalay Ave. Unsafe Building - Nardin 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 5.1.3 Case 12-23 - Affidavit of Compliance Don Birnson 1802 Drew St. Unsafe Building - Nardin 5.1.4 Case 29-23 - Affidavit of Compliance P B P Clearwater LLC 1721 Gulf to Bay Blvd. Exterior Surfaces - Stephens 5.1.5 Case 142-23 - Affidavit of Compliance Bay Area Infectious Disease Center 1407 Gulf to Bay Blvd. Residential Rental Business Tax Receipt - Stephens 5.1.6 Case 10-24 - Affidavit of Compliance Michael & Miryam Coppage 413 Lebeau St. Portable Storage Units - Kasman Member Farrar moved to accept the Affidavits of Compliance for Cases 98-19, 91-22, 12-23, 29-23, 142-23, and 10-24. The motion was duly seconded and carried unanimously. 5.2 Continued from February 28 & March 27, 2024, Continue to May 22, 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 WITHDRAWN - Case 132-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Family Home Florida Enterprises Corp at 32 N Ft. Harrison Ave. for Exterior Surfaces. (Kasman) Case 132-23 was withdrawn. 5.4 Continued from February 28, 2024 - Case 81-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Robert Schoeller, Shawn Schoeller, and Tin Schoeller at 632 Drew St. for Exterior Surfaces. (Kasman) Case 81-23 was withdrawn. 5.5 Continue to May 22, 2024 - Case 06-24 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Mesa Verde Assets LLC at 18 S Jupiter Ave. for Abandoned Building. (Stephens) Case 06-24 was automatically continued. 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 6. Other Board Action 6.1 Case 17-20 - Consider request by petitioner(s) Albert Huen at 801 Barber Dr. to reduce the fine re Roof 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. Attorney Jason Clark, representing the owner, was present and requested a lien reduction down to administrative costs. He said his client did not create the violation. Code Compliance Manager Rebecca Mulder said the property is in compliance. Discussion ensued with comments made that the property was purchased with the lien attached and all parties should have been aware of the liens. There was consensus to reduce the lien down to $5,000.00. Member Farrar moved to enter an order reducing the amount of the lien for Case 17-20 to $5,000.00, payable within thirty 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 62-24 (PNU2024-00071) -Accept the Nuisance Abatement Lien for respondent(s) Anna Hernandez at 1502 Lynn 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. (Simon) No one was present to represent the Respondent. Inspector Simon provided a PowerPoint presentation. He said there is a white Chrysler and black Volkswagen on the property without tags. He has had no communication with the property 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 three 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 64-23 (PNU2024-00317) -Accept the Nuisance Abatement Lien for 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 24, 2024 respondent(s) Versatile Acquisitions LLC at 1913 Coles Rd. 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) 8. Adjourn Attest: No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. The entire yard is covered in overgrowth. He said he has had no contact with the owner. o 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 three 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 2:55 p.m. (Chair, Mknircfpal Code Enforcement Board Secretary to he Board City of Clearwater eusa 10