05/22/2024 Municipal Code Enforcement Board Meeting Minutes May 22, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, May 22, 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 May 22, 2024
Roll Call
Present5 - Chair Greg Brown, Board Member David Farrar, Board Member Robert
Kenne, Board Member C. Daniel Engel, and Board Member Duane
Schultz
Absent 1 - Board Member KerryAnn Rainey
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 April 24, 2024 Municipal Code Enforcement Board meeting
as submitted in written summation.
Member Farrar moved to approve the minutes of the April 24, 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, 2024 - 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)
Inspector Nardin provided an update and said the work is near completion.
4.2 Continued from April 24, 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)
Property owner Reciye Cenik was present.
Inspector Burghardt provided a PowerPoint presentation. He said this is a
repeat violation as the same issue came before the Code Board in
November 2023, the violation was corrected prior to the hearing. A
display sign on the business has changing lights and words which is
prohibited. He showed videos of the violation occurring on February 21
and February 22, 2024.
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
Ms. Cenik said new lighting was ordered and she didn't know they would
be in violation of code. She has since corrected the issue and there are
no flashing lights or words. In response to a question, she said when she
received the notice of violation she didn't know if she could just unplug
the sign because all electronics, including the security system, were tied
together and she didn't know what other electronic would be taken offline.
Member Farrar moved to find the Respondent was in violation of the
Code as referred to tin the affidavit in this case and has committed a
repeat violation.
Member Farrar moved to enter an order that a fine of $500.00 be
imposed for the two days the repeat violation existed payable within 30
days. If fines and fees remain unpaid 3 months after such lien is filed,
the City is authorized to foreclose, collect or settle such lien. if the
Respondent repeats the violation, the Board may order a fine of up to
$500 for each day the violation continues to exist.
4.3 Continued from April 24, 2024, Continue to June 26, 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 June 26, 2024.
4.4 Case 56-24 - Find respondent(s) Clearwater Res Trust, Ficken, James R Tre at 1608 N
Osceola Ave. in violation of Code for Exterior Surfaces, Roof Maintenance, Landscape,
Abandoned Building, and Inoperative Vehicle; and issue an order with the compliance
deadline and fine if compliance is not met. (Kasman)
Property representative James Ficken was present.
Inspector Kasman provided a PowerPoint presentation. He said he was in
touch with the property owner on and off over the past few months. He said
there are dead plants in the front yard, exterior siding is missing, the roof
needs cleaned and there is rust on the gutters, the exterior surface on the
garage needs cleaned, a trailer parked on the property does not have a
license plate, and a car parked in the driveway has an expired license tag.
He said the utilities have been off since 2019. He said the property owner
has been doing what he can, but without utilities, no garbage is being picked
up.
Mr. Ficken said the property has been vacant since 2014 when his mom
got sick and passed away. The property has not received attention. He
said he is doing what he can to fix the property but he has a full time job.
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
He said the car has been removed from the property. The exterior
surfaces have been chemically washed and he has trimmed the
vegetation. He is working on getting the trailer removed.
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 July 11, 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.
4.5 Case 57-24 - Find respondent(s) George and Rasha Solomon at 313 Leeward Is in
violation of Code for Short Term Rental and Residential Rental Business Tax Receipt;
and issue an order with the compliance deadline and fine if compliance is not met.
(Green)
Property representative Alexandera Solomon was present.
Inspector Sarah Green said the property came into compliance prior to
the meeting.
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 Case 58-24 - Find respondent(s) Jinbai Wang and Xing Tong at 200 Windward Is 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.
Inspector Green provided a PowerPoint presentation. She said online
screenshots of the property on a rental website shows no minimum stay
requirement. She said there was one day where the posting was changed
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
to reflect the minimum night stay required by Code, but then it was
changed to a three-night minimum stay.
In response to a question, she said the certified mail was returned
unclaimed.
One individual said he lives north of the property and there is overgrown
trees that impact his property and trash is not taken to the curb for weeks
at a time, attracting rats and crows. He has approached the homeowner
who says he will address the issues, but never does. He said the property
is rented for less than the minimum required by Code.
Member Kenne moved to find the Respondent in violation of the 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 June 3, 2024. If the Respondent
does not comply by that date, the Board may order a fine of $150 per
day per violation for each day each violation continues to exist. If fines
and fees remain unpaid 3 months after such lien is filed, the City 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 59-24 - Find respondent(s) Ronald Vigneault and Lauren Mones at
709 Bruce Ave. 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. (Green)
Case 59-24 was withdrawn.
4.8 WITHDRAWN - Case 60-24 - Find respondent(s) John S Taylor Properties LLC at 1280
S Missouri Ave. in violation of Code for Window Signs; and issue an order with the
compliance deadline and fine if compliance is not met. (Burghardt)
Case 60-24 was withdrawn.
4.9 Continue to June 26, 2024 - Case 61-24 - Find respondent(s) Greek Orthodox Church of
the Holy Trinity Inc at 2540 Gulf to Bay Blvd. in violation of Code for Signage; and issue
an order with the compliance deadline and fine if compliance is not met. (Burghardt)
Case 61-24 was automatically continued.
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
4.10WITHDRAWN - Case 66-24 - Find respondent(s) Garden Suites LLC at 530 Park St. in
violation of Code for Unsafe Building; and issue an order with the compliance deadline
and fine if compliance is not met. (Nardin)
Case 66-24 was withdrawn.
5. Old Business Items
5.1 Accept the Affidavits of Compliance as listed.
5.1.1 Case 81-23 Affidavit of Compliance
Robert & Shawn Schoeller
632 Drew St.
Exterior Surfaces - Kasman
5.1.2 Case 132-23 Affidavit of Compliance
Family Home Florida Enterprises Corp
32 N Ft. Harrison Ave.
Exterior Surfaces - Kasman
5.1.3 Case 147-23 Affidavit of Compliance
Herbert Miller
302 Pennsylvania Ave.
Lot Clearing - Dixon
5.1.4 Case 06-24 Affidavit of Compliance
Mesa Verde Assets LLC
18 S Jupiter Ave 1
Abandoned Building - Stephens
5.1.5 Case 19-24 Affidavit of Compliance
Gilbert Jannelli
1124 LaSalle St
Abandoned Building - Dixon
5.1.6 Case 20-24 Affidavit of Compliance
Progress Residential Borrower 24 LLC
712 Canterbury Rd.
Exterior Storage - Stephens
5.1.7 Case 37-24 Affidavit of Compliance
Nancy O'Neill
1360 Druid Rd.
Residential Grass Parking - Jehnzen
Member Farrar moved to accept the Affidavits of Compliance for Cases
81-23, 132-23, 147-23, 06-24, 19-24, 20-24, and 37-24. The motion was
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
duly seconded and carried unanimously.
5.2 Continued from February 28, March 27, and 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)
No one was present to represent the Respondent.
Inspector Dixon provided a PowerPoint presentation. He said the RV had
been removed from the property and the bottom portion of the front of the
house has received attention, but the exterior still needs to be painted. A
lot of items are still being stored on the property.
Member Farrar moved to find the Affidavit of Non-Compliance and
issue an order that states if fines and fees remain unpaid 3 months
after such lien is filed, the City 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.
5.3 WITHDRAWN - Continued from April 24, 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 withdrawn.
5.4 WITHDRAWN - Case 20-24 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Progress Residential Borrower 24 LLC at 712 Canterbury Rd. for Exterior
Storage. (Stephens)
Case 20-24 was withdrawn.
5.5 Case 141-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) QT Homes
LLC, Srnka, Gilbert P Est at 1233 Lakeview Rd. for Landscape Required. (Touray)
No one was present to represent the Respondent.
Inspector Touray provided a PowerPoint presentation. He said he had
been in contact with the homeowner a few times and she was waiting for
the property to be transferred into her name so she could pull permits to
complete the work. He said he has given ample time for that process and
the property is still in violation.
Member Farrar moved to find the Affidavit of Non-Compliance and
issue an order that states if fines and fees remain unpaid 3 months
after such lien is filed, the City 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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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
6. Other Board Action
6.1 Case 139-17 - Request to stop lien accrual for Torin McCray at 1326 Fairmont St., in
violation of Code for Lot Clearing. (Dixon)
Inspector Dixon provided a PowerPoint presentation. He said the lot
clearing violation is still accruing at $150.00 per day and he would like
the Board to order a stop to the lien accrual to pursue another avenue of
enforcement. He said a nuisance abatement case will be pursued as the
property needs to be mowed and trash removed. In response to a
question, he said people are living in the house.
Member Farrar moved to stop the lien accrual for the lot clearing
violation for Case 141-23. The motion was duly seconded and carried
unanimously.
6.2 Case 49-11 - Consider request by petitioner(s) Coby Alain at 1317 Byron Dr. to reduce
the fine re Exterior 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.
Mr. Alain said he did not own the property when the violations occurred
and the property was purchased as part of a bulk sale. The property was
brought into compliance once he owned it.
Board Attorney Andy Salzman said the administrative and investigative
costs total $1,135.20.
Member Kenne moved to enter an order reducing the amount of the
lien for Case 49-11 to administrative costs of $1,135.20 payable within
30 days or the lien will revert to its original amount. The motion was
duly seconded and carried unanimously.
6.3 Case 19-17 - Consider request by petitioner(s) 619 Woodlawn St Land Trust at 619
Woodlawn St. to reduce the fine re Inoperative Vehicle, Grass Parking, Roof
Maintenance, 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.
Property representative Pauline Armos-Roux said the previous property
management company did not inform the Trust of the violations and did
not do anything to bring the property into compliance. A new
management company has taken care of the property.
Code Compliance Manager Rebecca Mulder said violations still exist at
the property.
City of Clearwater
Municipal Code Enforcement Board Meeting Minutes May 22, 2024
Member Kenner moved to continue Case 19-17 to the next meeting.
The motion was duly seconded and carried unanimously.
6.4 Cases 02-21, 93-21, and 135-21 - Consider request by petitioner(s) Christine Dorcelus
at 214 S Highland Ave. to reduce the fine re Short Term Rental, Grass Parking, and
Delinquent 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.
Property representative Nikky Yang-Victorino read a statement from the
property owner requesting a lien reduction and due to personal reasons
will not be returning to Clearwater.
Code Compliance Manager Rebecca Mulder said the violations have
been corrected. She said there is an active case on the property for
overgrowth and debris.
Board Attorney Andy Salzman said the administrative and investigative
costs total $2989.60 for all three cases.
Member Kenne moved to enter an order reducing the amount of the
lien for Cases 02-21, 93-21, and 135-21 to administrative costs of
$2,989.60 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 65-24 (PNU2024-00239) -Accept the Nuisance Abatement Lien for respondent(s)
Nezer Enterprises LLC at 1403 Gulf to Bay Blvd. 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 a
vehicle parked on the property has a flat tire and an expired license plate.
He said the numbers on the sticker on the license plate does not match
the numbers on the license tag. He said when he went back to the
property for reinspection, the tire was still flat, and a new license plate was
on the vehicle with a current sticker, but the numbers on the sticker did
not match the numbers on the license plate.
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
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
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 67-24 (PNU2024-00332) -Accept the Nuisance Abatement Lien for respondent(s)
Andria Beshir and Ester Mechaiel at 1033 Fairwood 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. (Still)
No one was present to represent the Respondent.
Inspector Still provided a PowerPoint presentation. He said yard debris,
scrap, building materials, and furniture is littered around the property.
The grass has grown in excess of 12 inches. The neighbor granted him
access to view the backyard where there is more debris and general
overgrowth. He said he was supposed to meet with the property owner on
May 8, but they did not show up and there has been no further
communication. The utilities have been disconnected since June 2023.
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.
7.3 WITHDRAWN - Case 68-24 (PNU2024-00402) - Accept the Nuisance Abatement Lien
for respondent(s) Jericha Davis at 1342 Tuscola St. for Inoperative Vehicle; and issue an
order with the compliance deadline and authorize the City to mitigate the violation if
compliance is not met. (Jehnzen)
Case 68-24 was withdrawn.
7.4 Case 78-24 (PNU2024-00484) -Accept the Nuisance Abatement Lien for respondent(s)
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
Alpine Oaks Apartments Inc at 2007 Alpine Rd #1 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
property is littered with debris and trash. He said the property is an
apartment complex. There are mattresses and furniture stacked up in
piles around the property. He said he has been in contact with the
property manager who said they have a junk removal company to come
and haul away debris.
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 79-24 (PNU2024-00458) -Accept the Nuisance Abatement Lien for respondent(s)
Robert E Cox at 1204 Claire Dr. for Inoperative Vehcile; 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 an
inoperative vehicle with flat tires and an expired license plate is in the
driveway. The license plate expired in 2015. The house is vacant and all
mail has been returned.
Member Engel 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
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Municipal Code Enforcement Board Meeting Minutes May 22, 2024
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 80-24 (PNU2024-00457) -Accept the Nuisance Abatement Lien for respondent(s)
Jessie Williams at 1320 Springdale St. 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 said the
property is vacant and all mail has been returned. He said an older
vehicle is parked in the driveway, sitting on blocks with flat tires. There is
no license plate on it. He said the owner is in a nursing home and the
family does not want to deal with it.
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 81-24 (PNU2024-00456) -Accept the Nuisance Abatement Lien for respondent(s)
P&B Florida Land Trust 2000 at 1090 Apache Trail 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 with an accumulation of trash and debris. There is a homeless
camp tucked in the vegetation.
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
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Municipal Code Enforcement Board
8. Adjourn
Attest:
Meeting Minutes May 22, 2024
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.
The meeting adjourned at 3:28 p.m.
hair, Municipal Code Enforcement Board
Secreta to he Board
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City of Clearwater