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01/22/2025 Municipal Code Enforcement Board Meeting Minutes January 22, 2025 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, January 22, 2025 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 22, 2025 Roll Call Present 6 - Chair Greg Brown, Board Member Robert Kenne, Board Member David Farrar, Board Member C. Daniel Engel, Board Member Pam Ryan-Anderson, and Board Member Raymond Plumb Absent 1 - Board Member Duane Schultz Also Present— Ethan Evans —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 Approval of the December 18, 2024 Municipal Code Enforcement Board meeting minutes was continued to the next meeting. 3. Citizens to be Heard Regarding Items Not on the Agenda: None. 4. New Business Items 4.1 Case 01-25 - Find respondent(s) Okuboye, Julius A Revocable Trust at 403 Princess St. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Property owner Dr. Julius Okuboye was present and denied the violations. Inspector Kasman provided a PowerPoint presentation. He said he had met with the property owner. The complaint came from a neighbor. He said tarps cover a separate dwelling unit and there is a collapsed carport. A tree growing at the rear of the house is starting to integrate into the structure causing exterior and roof damage. There is general roof, soffit, and exterior damage throughout the structure. He said at least two families are living there. Dr. Okuboye said repairs were started when he was notified of the violations. He said interior work was started then two hurricanes came and the outdoor violations were made worse. In response to questions, he said the roof of the carport will be removed and the interior will be refurbished. One individual spoke and said he lives next door and is in fear of one of the trees falling on his fence and roof. He said he has spoken with the 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 22, 2025 property owner regarding his concerns. He said the house is not inhabitable. He does not believe granting more time to comply will help. In response to a concern, Code Compliance Manager Rebecca Mulder said a city land resource inspector would need to examine any trees to determine if they are hazardous. 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 22, 2025. 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. 5. Old Business Items 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 75-20 Affidavit of Compliance Shawn Michelle and Robert Schoeller 632 Drew St. Lot Clearing - Dixon 5.1.2 Case 104-21 Affidavit of Compliance Clementine Mallory 1122 Tangerine St. Lot Clearing - Dixon 5.1.3 Case 140-21 Affidavit of Compliance Clementine Mallory 1122 Tangerine St. Public Nuisance Condition - Dixon 5.1.4 Case 112-22 Affidavit of Compliance Bible Church of God of Boynton Beach 1406 N Martin Luther King Jr. Ave. Inoperative Vehicle - Dixon 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 22, 2025 5.1.5 Case 13-24 Affidavit of Compliance DHDD LLC 131 Devon Dr. Exterior Surfaces - Kasman 5.1.6 Case 46-24 Affidavit of Compliance Clearwater Town Center LLC 511 S Ft. Harrison Ave. Fences and Walls - Kasman 5.1.7 Case 56-24 Affidavit of Compliance Ficken, James R Tre Clearwater Res Trust 1608 N Osceola Ave. Roof Maintenance, Exterior Surfaces, and Abandoned Building - Kasman 5.1.8 Case 69-24 - Affidavit of Compliance DHDD LLC 131 Devon Dr. Public Nuisance Condition and Existing Docks and Seawalls- Kasman 5.1.9 Case 111-24 Affidavit of Compliance Fernandez, Maria I Trust 1278 Belleair Rd. Lot Clearing - Jehnzen 5.1.10 Case 134-24 Affidavit of Compliance Cara Schultz 1372 Mary L Rd. Lot Clearing - Dixon Member Farrar moved to accept the Affidavits of Compliance as listed. The motion was duly seconded and carried unanimously. 5.2 WITHDRAWN - Continued from Dec. 18, 2024 - Case 69-24 - Accept the Affidavit(s) of Non-Compliance for respondent(s) DHDD LLC at 131 Devon Dr. for Docks and Seawalls and Public Nuisance Condition (Deck). (Kasman) Case 69-24 was withdrawn. 5.3 Continued from November 20 and December 18, 2024, Continue to February 26, 2025 - Case 85-24 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Sheila M Kilmartin at 1430 Wilson Rd. for Exterior Storage. (Brown) Case 85-24 was continued to February 26, 2025. 5.4 Continue to February 26, 2025 - Case 03-24 -Accept the Affidavit(s) of Non-Compliance 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 22, 2025 for respondent(s) Patricia DePriest at 1631 Tuscola Rd. for Exterior Surfaces. (Jehnzen) Case 03-24 was continued to February 26, 2025. 6. Other Board Action 6.1 Case 13-24 - Consider request by petitioner(s) DHDD LLC at 131 Devon 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. Property owner Frank Gower said he rushed to choose a contractor to do repairs who stole his money. He found another contractor then work paused due to the hurricanes. He said he was poisoned on two separate occasions. The house has been demolished. Member Farrar moved to enter an order reducing the amount of the lien for Case 13-24 to administrative cost of $1,248.20, payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. 6.2 Election of Officers. Member Engel moved to reappoint Greg Brown as Chair and David Farrar as Vice-Chair. The motion was duly seconded and carried unanimously. 7. Nuisance Abatement Lien Filings 7.1 Case 02-25 (PNU2024-01447) -Accept the Nuisance Abatement Lien for respondent(s) Brian and Linda Brown at 1732 Lucas 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. The entire yard is overgrown. She said she has had no contact with anyone and according to neighbors, the house is vacant. She said utilities are turned on but there has been no usage. A phone number on the utility account is not answered. 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 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 22, 2025 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 03-25 (PNU2024-01448) -Accept the Nuisance Abatement Lien for respondent(s) Brian and Linda Brown at 1721 Lucas 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. The entire yard is overgrown and littered with trash and debris and the right-of-way is unmaintained. A fence has come down. She said she has had no contact with the owner and neighbors say the house is vacant. Utilities are turned on but there is no usage. In response to a question, she said the current year's taxes are not paid, and previous years were paid by someone else. 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 04-25 (PNU2024-01430) -Accept the Nuisance Abatement Lien for respondent(s) Violene McGill and Demerris Daniel at 608 Nicholson 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. (Kasman) No one was present to represent the Respondent. Inspector Kasman provided a PowerPoint presentation. The property is vacant and there is undergrowth, couches, and debris. The lot is kept mowed. There are Australian Pine trees growing into the right-of-way and 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes January 22, 2025 street. This property is popular for vagrant 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. 7.4 Case 05-25 (PNU2024-01411) -Accept the Nuisance Abatement Lien for respondent(s) Mark Montgomery at 1206 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) Case 05-25 was withdrawn. 7.5 Case 06-25 (PNU2024-01493) -Accept the Nuisance Abatement Lien for respondent(s) Gilbert Jannelli at 1925 Harding 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. (Stephens) Case 06-25 was withdrawn. 7.6 Case 07-25 (PNU2024-01438) -Accept the Nuisance Abatement Lien for respondent(s) 1200 Edenville Land Trust at 1200 Edenville 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. (Mattocks) No one was present to represent the Respondent. Inspector Mattocks provided a PowerPoint presentation. The lawn is overgrown and vegetation is growing into the right-of-way. He said he spoke to a trustee yesterday who wanted to get the violation taken care of so the property could be sold. 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 7 City of Clearwater Municipal Code Enforcement Board 8. Adjourn Attest: Meeting Minutes January 22, 2025 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 2:46 p.m. Chair, Muncipal Code Enforcement Board Secreta t• the Board 8 City of Clearwater