Loading...
04/23/2025 Municipal Code Enforcement Board Meeting Minutes April 23, 2025 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, April 23, 2025 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 Roll Call Present6 - Chair Greg Brown, Board Member Dean Strickland, Board Member Robert Kenne, Board Member C. Daniel Engel, Board Member Pam Ryan-Anderson, and Board Member Raymond Plumb Absent 1 - Board Member David Farrar 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 2.1 Approve the minutes of the March 26, 2025 Municipal Code Enforcement Board meeting as submitted in written summation. Member Ryan-Anderson moved to approve the minutes of the March 26, 2025 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 Case 21-25 - Find respondent(s) David J Lee at 319 Hilltop Ave. in violation of Code for Fences, Exterior Surfaces, and Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Property owner David Lee was present and admitted to the violation. Member Engel 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 Dixon provided a PowerPoint presentation. He said the roof maintenance violation is now in compliance. The fence was already damaged before the hurricanes last year. There is mold and mildew on the exterior of the home and the pool is unmaintained and unsecured. He met the owner at the property who said he has plans to replace the fence and work on the exterior surfaces. In response to a question, Mr. Dixon said Mr. Lee showed him that the pool pump is now working. Member Kenne moved to find the Respondent was in violation of the 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 City of Clearwater code as referred to in the affidavit in this case regarding roof maintenance, 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. Mr. Lee said he does not live here and did not get the notifications. He said he works up north and travels to Clearwater. He is doing all the repairs himself and will apply for a fence permit. He said he will block the pool access from where the fence is damaged before he travels back north. Member Kenne moved to enter an order requiring the Respondent to correct the violations on or before August 1, 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. The motion was duly seconded and carried unanimously. 4.2 Case 22-25 - Find respondent(s) Osney A Perez Cardoso at 512 N. Washington Ave. 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) No one was present to represent the Respondent. Code Compliance Supervisor Sarah Green said the violation was corrected prior to today's meeting. Member Engel moved to find the Respondent was in violation of the City of Clearwater Code as referred to int he 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. 4.3 WITHDRAWN - Case 23-25 - Find respondent(s) Bayside Pointe Homeowners Assn at 2483 Druid Rd. E in violation of Code for Temporary Signs; and issue an order with the compliance deadline and fine if compliance is not met. (Burghardt) Case 23-25 was withdrawn. 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 4.4 Case 24-25 - Find respondent(s) Ortal Ben Yaish at 2470 Shelley St. in violation of Code for Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Mattocks) No one was present to represent the Respondent. Inspector Mattocks said the violation was corrected prior to today's meeting. Member Kenne 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. 4.5 WITHDRAWN - Case 25-25 - Find respondent(s) Mulberry Creek Properties LLC at 2946 Gulf to Bay Blvd. in violation of Code for Fences and Walls; and issue an order with the compliance deadline and fine if compliance is not met. (Mattocks) Case 25-25 was withdrawn. 4.6 Continue to June 25, 2025 - Case 26-25 - Find respondent(s) United Dominion Rlty Trust at 1820 Sunset Point Rd. in violation of Code for Landscape; and issue an order with the compliance deadline and fine if compliance is not met. (Robicheau) Case 26-25 was automatically continued to June 25, 2025. 4.7 Case 27-25 - Find respondent(s) Clearwater Pharma LLC c/o CVS at 1899 N Highland Ave. in violation of Code for Landscape; and issue an order with the compliance deadline and fine if compliance is not met. (Robicheau) No one was present to represent the Respondents. Inspector Robicheau provided a PowerPoint presentation. He said the landscape violation includes declining shrubs and there are several areas in the parking lot without shrubs or ground cover. In response to a question, he said the property is for sale and not abandoned. Member Ryan-Anderson 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. 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 Member Ryan-Anderson moved to enter an order requiring the Respondent to correct the violations on or before May 23, 2025. 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. 5. Old Business Items 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case 55-23 Affidavit of Compliance Margaree Valma 1001 Carlton St. Inoperative Vehicle - Dixon 5.1.2 Case 72-24 Affidavit of Compliance Arden J Gaik 1603 Sunset Dr. Fences and Walls and Roof Maintenance - Kasman 5.1.3 Case 74-24 Affidavit of Compliance Jamee & Michael Marino 1930 Ripon Dr. Exterior Storage - Jehnzen 5.1.4 Case 113-24 Affidavit of Compliance Teresa M & James R Matty 879 Eldorado Ave. Fences and Walls - Kasman 5.1.5 Case 17-25 Affidavit of Compliance Lemuel M Smith 1344 Parkwood St. Inoperative Vehicle and Lot Clearing- Dixon Member Kenne moved to accept the Affidavits of Compliance as listed. The motion was duly seconded and carried unanimously. 5.2 Case 97-24 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Byrd J Smith, Est at 2080 Douglas Ave. for Exterior Surfaces. (Dixon) No one was present to represent the Respondent. 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 Inspector Dixon said the violation still exists. Member Engel moved to accept the Affidavit of Non-Compliance an 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. 5.3 Case 99-24 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Jonathan Wade, Sr. at 1312 N Madison Ave. for Portable Storage Unit. (Dixon) No one was present to represent the Respondent. Inspector Dixon said the violation still exists. 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 Coty 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 MHC-200 - Consider request by petitioner(s) Bruce To at 1126 Tangerine St. to reduce the fine re Demolition; 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. Petitioner Bruce To was present. He said he purchased the vacant property in 2021 and was aware of the demolition lien from 2006. He paid all back taxes and started building on the property in August 2024. Inspector Reese provided a PowerPoint presentation. In response to a question, Assistant City Attorney Jerrod Simpson said the City paid the demolition fees. In response to a question, Mr. To said he knew about the lien when he purchased the property and is now ready to take care of it. Member Plumb moved to enter an order reducing the amount of the lien for Case MHC-200 to administrative costs of $4,934.34, payable within sixty days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 6.2 Case 39-14 - Approve the Stipulation Agreement for petitioner(s) James Hogan at 108 Kenwood Ave. Property owner Jeffrey Harding and contract purchaser James Hogan were present. Assistant City Attorney Jerrod Simpson provided an overview of the stipulation agreement. The agreement says compliance will be met by July 1, 2025 and the lien will be reduced to $1,500.00, payable within thirty days of compliance. Mr. Harding said he has lived in the house for years and the property fell into disrepair after he encountered health issues. Mr. Hogan requested more time to comply because the permitting process is not fast. Member Kenne moved to approve the Stipulation Agreement for Case 39-14 with a compliance date of August 1, 2025. The motion was duly seconded and carried unanimously. 7. Nuisance Abatement Lien Filings 7.1 Case 29-25 (PNU2025-00323) -Accept the Nuisance Abatement Lien for respondent(s) Carucci Development LLC at 51 Verbena 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. Code Compliance Supervisor Green provided a PowerPoint presentation. She said debris and trash litter the property. The weeds are tall and the yard is growing on to the sidewalk. She said there has been no contact with the property owner. Member Ryan-Anderson 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 ill 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 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 remedies available under the law. The motion was duly seconded and carried unanimously. 7.2 Case 30-25 (PNU2025-00318) -Accept the Nuisance Abatement Lien for respondent(s) William Black at 2390 Willow Tree Trl for Lot Clearing and Inoperative Vehicle; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Stephans) No one was present to represent the Respondent. Inspector Stephens provided a PowerPoint presentation. There is a lot clearing violation with broken fencing, motor parts, and debris littering the lawn. The broken fence created access to the swimming pool in the backyard. He said there was a fire at the house last year which has created nuisance issues. There are two inoperable vehicles in the driveway, a minivan with an expired license tag and flat tires and a camper with an expired license tag. He said he spoke with the property owner on the day of posting regarding violation issues on property. In response to a question, he said no one is living in the camper. Member Kenne moved to enter an order in regard to the lot clearing violation, 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. Member Engel moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case in regard to the inoperative vehicles. The motion was duly seconded and carried unanimously. Member Engel moved to enter an order in regard to the inoperative vehicles requiring the Respondent to correct the violations on or before May 7, 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 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 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 31-25 (PNU2025-00304) -Accept the Nuisance Abatement Lien for respondent(s) Alto Asset Company 5 LLC at 1480 Park 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) Property representative Shannon Finley was present and admitted to the violation. Inspector Stephens provided a PowerPoint presentation. He said the original violation included the overgrown lawn that was littered with trash debris. After he posted the Notice of Violation on the property, the trash was picked up and the front yard mowed, but the back yard remains an issue. Ms. Finley said the property management company will request lawn maintenance bids to get the violation corrected. 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 32-25 (PNU2025-00297) -Accept the Nuisance Abatement Lien for respondent(s) Lance Willard and Bianca Lizarraga at 1109 Charles 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 overgrown and unmaintained, and the sidewalk is impassable from overgrowth. He said he was in touch with the property owner but no longer has contact. Nobody lives at the property. 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes April 23, 2025 Member Ryan-Anderson 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 33-25 (PNU2025-00384) -Accept the Nuisance Abatement Lien for respondent(s) James and Andrea Butterworth at 1007 Jones 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. The lawn is overgrown and debris litters the property, and vegetation is growing on to the sidewalk and street. He said he had contact with a contractor who was scheduled to cut the lawn. Member Plumb moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent t correct he 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. 10 City of Clearwater Municipal Code Enforcement Board 8. Adjourn Attest: Meeting Minutes April 23, 2025 The meeting adjourned at 3:04 p.m. hair, MunPcipal Code Enforcement Board Secretary to the Boa City of Clearwater d 11