07/24/2024 Municipal Code Enforcement Board Meeting Minutes July 24, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Wednesday, July 24, 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 July 24, 2024
Roll Call
Present4 - Chair Greg Brown, Board Member Robert Kenne, Board Member David
Farrar, and Board Member Duane Schultz
Absent 2 - Board Member KerryAnn Rainey, and Board Member C. Daniel Engel
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 May 22 and June 26, 2024 Municipal Code Enforcement
Board meeting as submitted in written summation.
Member Farrar moved to approve the minutes of the May 22 and June
26, 2024 Municipal Code Enforcement Board meetings as submitted in
written summation. The motion was duly seconded and carried
unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda
Bill Jonson thanked the Board for their work. He referenced the City's
strategic plan regarding Community Well-Being and said every detail in
the community sends a message to the residents and visitors. He quoted
a book regarding Disney's customer service that says, "That message
must be consistent with common purpose and quality standard."He said
the Code Compliance dashboard does not include the cases that come
before the Board and the amount of fines that have accrued.
Code Compliance Manager Rebecca Mulder said staff tracks and
monitors accruing liens internally.
4. New Business Items
4.1 Continued from April 24, May 22, and June 26, 2024, Continue to August 28, 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 August 28, 2024.
4.2 WITHDRAWN - Continued from June 26, 2024 - Case 73-24 - Find respondent(s)
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Municipal Code Enforcement Board Meeting Minutes July 24, 2024
Shannon Seymour at 1609 Sunset Dr. in violation of Code for Exterior Surfaces; and
issue an order with the compliance deadline and fine if compliance is not met. (Kasman)
Case 73-24 was withdrawn.
4.3 Case 85-24 - Find respondent(s) Sheila Kilmartin at 1430 Wilson Rd. in violation of Code
for Exterior Storage; and issue an order with the compliance deadline and fine if
compliance is not met. (Brown)
No one was present to represent the Respondent.
Inspector Brown provided a PowerPoint presentation. She said interior
furnishings and miscellaneous items are stored outside in the driveway,
carport, and yard. She said fence panels have been placed inside the
chain link fence to prohibit a view to the yard, which would require a
permit.
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 August 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.
4.4 Case 86-24 - Find respondent(s) Robert Cox at 1204 Claire Dr. in violation of Code for
Exterior Surfaces, Roof Maintenance, and Abandoned Building; 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 utilities
have been shut off since 2015. A view from a broken front window shows a
hole in the roof.
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.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2024
Member Farrar moved to enter an order requiring the Respondent to
correct the violations on or before September 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.
4.5 Continue to August 21, 2024 - Case 87-24 - Find respondent(s) TOWER4ONBAY LLC at
534 Bay Ave. in violation of Code for Exterior Surfaces; and issue an order with the
compliance deadline and fine if compliance is not met. (Kasman)
Case 87-24 was automatically continued to August 28, 2024.
4.6 Case 88-24 - Find respondent(s) Future Tech Career Institute LLC at 1803 Sunset Dr. in
violation of Code for Landscape and Public Rights-of-Way, Sidewalks, and Parking
Surfaces; and issue an order with the compliance deadline and fine if compliance is not
met. (Kasman)
No one was present to represent the Respondent.
Inspector Kasman provided a PowerPoint presentation. He said the
property is an empty lot. A house was demolished a couple years ago.
The dump trucks taking away demolition debris drove over the sidewalks
which caused the concrete to crack. Unmaintained bushes are growing into
the sidewalk path. He said he reached out to a realtor who has a for sale
sign posted on the property and has had no response.
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 August 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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 24, 2024
4.7 Case 94-24 - Find respondent(s) Residence at Renaissance Square Condo at 1216 S
Missouri Ave. in violation of Code for Exterior Structure; and issue an order with the
compliance deadline and fine if compliance is not met. (Nardin)
Attorney representative Colleen McInerney was present and denied the
violation.
Inspector Nardin provided a PowerPoint presentation. He said there is
water penetration in the interior of the unit above a window. There is
standing water on the window frame and water stains around the
window.
In response to a question, Mr. Nardin said that structure is wood framed
and this unit is on the first floor of a four-story building.
Ms. Mclnerny said repairs are being made and water testing is
scheduled to take place next week to determine the source of the water
intrusion. She said repairs are necessary. She said once the intrusion
location is determined, a contractor to fix the issues will be hired. She
said it could take six months to get the repairs made.
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 November 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 17-24 Affidavit of Compliance
Shawnte Turner & Marc Acevedo
1142 Palm Bluff St.
Exterior Surfaces - Dixon
5.1.2 Case 33-24 Affidavit of Compliance
Mark & Cynthia Jackson
1775 Lawrence Dr.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2024
Roof Maintenance - Brown
5.1.3 Case 46-24 Affidavit of Compliance
Clearwater Town Center LLC
511 S Ft. Harrison Ave.
Windows - Kasman
Member Farrar moved to accept the Affidavits of Compliance as listed.
The motion was duly seconded and carried unanimously.
5.2 WITHDRAWN - Case 17-24 - Accept the Affidavit(s) of Non-Compliance for
respondent(s) Shawnte Turner and Marc Acevedo at 1142 Palm Bluff St. for Exterior
Surfaces. (Dixon)
Case 17-24 was withdrawn.
5.3 Continued from June 26, 2024 - Case 12-24 -Accept the Affidavit(s) of Non-Compliance
for respondent(s) Robert Williams and Jacquelyn Plaska at 1606 N Osceola Ave. for
Roof Maintenance and Exterior Surfaces. (Kasman)
Case 12-24 was continued to August 28, 2024.
5.4 Continued from June 26, 2024, Continue to August 28, 2024 - Case 18-24 - Accept the
Affidavit(s) of Non-Compliance for respondent(s) Gilbert Jannelli at 1871 Douglas Ave.
for Exterior Surfaces and Abandoned Building. (Dixon)
Case 18-24 was automatically continued to August 28, 2024.
5.5 Continue to August 28, 2024 - Case 131-23 -Accept the Affidavit(s) of Non-Compliance
for respondent(s) Northshore Partners LLC at 412 Pleasant St. for Exterior Surfaces.
(Kasman)
Case 131-24 was automatically continued to August 28, 2024.
5.6 Case 48-24 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Nicholas
Stewart at 1915 Macomber Ave. for Fences and Walls, Exterior Surfaces, and
Abandoned Building. (Dixon)
No one was present to represent the Respondent.
Inspector Dixon provided a PowerPoint presentation. He said there has
been no change or progress at 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
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes July 24, 2024
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 Case 58-24 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Jingbai Wang
and Xing Tong at 200 Windward Is for Short Term Rental. (Green)
No one was present to represent the Respondent.
One individual said he lives next door, and the property continues to be
rented on a short-term basis.
Inspector Green provided a PowerPoint presentation. She showed a
screenshot of a rental website showing a two-night minimum stay
required.
In response to a question, Board Attorney Andy Salzman said a fine of up
to $500.00 per day may be ordered if this property is brought before the
Board as a repeat violation case.
Member Farrar moved to accept the Affidavit of Non-Compliance and
issue an order that states after 3 months from the recordation date of
such lien, if the fines and fees remain unpaid, the City Attorney's office
is authorized to foreclose, collect or settle such lien using any legal or
equitable remedies available under the law. The motion was duly
seconded and carried unanimously.
6. Other Board Action: None.
7. Nuisance Abatement Lien Filings
7.1 Case 95-24 (PNU2024-00697) -Accept the Nuisance Abatement Lien for respondent(s)
Claire Kniffin at 2847 St. John Dr. for Lot Clearing; and issue an order with the
compliance deadline and authorize the City to mitigate the violation if compliance is not
met. (Sudduth)
No one was present to represent the Respondent.
Inspector Sudduth provided a PowerPoint presentation. She said the yard
is overgrown and needs to be maintained.
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
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Municipal Code Enforcement Board Meeting Minutes July 24, 2024
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 96-24 (PNU2024-00615) -Accept the Nuisance Abatement Lien for respondent(s)
Maria and Neilon Joslyn at 1350 Byron Dr. 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)
No one was present to represent the Respondent.
Inspector Jehnzen provided a PowerPoint presentation. He said a boat,
camper, and truck are parked on the lawn. A black mustang parked in the
driveway had no tag when he first inspected the property. When he went
back to reinspect the property, the mustang had a license tag belonging
to a 1980 Oldsmobile with a registration sticker belonging to a 2002
Honda. He has had no contact 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 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 106-24 (PNU2024-00760) - Accept the Nuisance Abatement Lien for
respondent(s) DHW Holdings LLC at 1146 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
property is a vacant lot which is entirely overgrown.
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Municipal Code Enforcement Board Meeting Minutes July 24, 2024
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 107-24 (PNU2024-00670) - Accept the Nuisance Abatement Lien for
respondent(s) Carmelo Cotto Flecha and Carmen Rivera at 1020 N Madison 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. (Dixon)
No one was present to represent the Respondent.
Inspector Dixon provided a PowerPoint presentation. He said he had
contact with the owner on the day he posted the property with the Notice of
Violation who said they would take care of the violation. The entire lawn is
overgrown.
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.
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City of Clearwater
Municipal Code Enforcement Board Meeting Minutes
8. Adjourn
The meeting adjourned at 2:24 p.m.
July 24, 2024
Chair, nicipal Code Enforcement Board
Attest:
Secret- ry o the Boa
City of Clearwater
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