Municipal Code Enforcement Board - Regular Meeting

Come to order. Today's meeting of the Municipal Code Enforcement Board is called to order on Wednesday, 03/26/2025. Welcome, everyone. Please rise for the pledge of allegiance. I pledge allegiance to the flag of The United States Of America and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. Please be seated. Agendas of today's meeting are on the wall at the entrance to chambers. Remember to turn off, your cell phones. Municipal Code Enforcement Board consists of seven members who are, appointed by the city council. We serve voluntarily.

It is this board's intention to promote, protect, and improve the health, safety, and welfare of the citizens of Clearwater by providing this equitable, effective, and inexpensive method of enforcing certain codes within the city. The board considers new business items in two parts. First, the violation and then affirmative relief. Formative rules of evidence do not apply. Each side is limited to fifteen minutes. The board may grant additional time. All proceedings will be conducted in a calm civil manner. Individuals who conduct themselves otherwise will be asked to leave. If necessary, they will be escorted from the chambers. Now I ask all who plan to speak to rise and be sworn in by our clerk.

Our

fourth order of business is to review and approve the minutes of last month's meeting. May I have a motion to approve the minutes? Motion to approve. I have a second. Second. All in favor? Aye. All opposed? Minutes are approved. Is there anyone here to speak to items that are not on today's agenda? If so, please come forward, state your name and address for the records.

Good afternoon, board. Sarah Green, code combined supervisor. I just wanna take a second to introduce you to our newest code inspector. This is Jared Daniels. He came on from an internal position over in public utilities, so hopefully you'll be seeing code cases with him soon.

Welcome. Welcome. It's lovely.

Nice to meet you.

Thank you. Anyone else have anything that's not on our agenda today? Then we will get to started with our new business items. Today's 4.1 on our agenda is CaseO9Dash25, fine respondents Tanner Tullung at 1233 Sediva Circle South in violation of code for fences and walls, residential business tax receipt, and lot clearing, and issue an order with compliance and deadline and fine if compliance is not met. Is there anyone here to speak on that? No? Inspector Dixon, you have the floor.

Good afternoon, board. Inspector Dixon, code compliance inspector for the city of Clearwater. This case is 09Dash25 for 1233 Sediva Circle South. There are three violations at this property, one for lot clearing and a hazardous tree, fence maintenance, and a lack of residential rental business tax receipt. Notes of violation went out at the September, then the storms happened, holidays, so there's a little delay in moving this case along.

There are various compliance dates throughout the time. None of the mail that I sent out was ever signed for. It all came back, so the property was posted in December. The property in question is on the right side of this picture where the fence is. Their property line juts into the the adjacent property a little bit, and the adjacent property is tired of cutting this back corner.

So he asked that we step in and do something about the fence, the grass, and the tree. Those little orange flags there are from our survey department. I asked them to go out so that I knew right where the property line was. These these pictures are from September. The dates aren't correct on the photos, but they're from September when I initially wrote it up. The fence is broken. There's a tree that's only partially there anymore by that little building and the overgrowth. This is in December when I posted the property. The fence has deteriorated a little more. The grass is a little taller. Nothing's really been done. This is in February.

Is there anyone living at the property?

Yeah, there's renters there. Is there? Then I went back to check prior to the meeting, and they have cut the grass. And I think there's one fence panel that's been picked up, so they're close, but they're still in violation. So compliance can be met for lot clearing by clearing a small amount of boat growth on the southeast corner of the property, remove the remnants of the dead tree.

Compliance can be met for the fence maintenance by removing or repairing defective fence panels. Compliance can be met for the lack of business tax receipt for by obtaining a residential rental business tax receipt for the property. I have three different recommendations. I don't know if you want to you want me to run through them all and then you go through them or one at a time?

It's up to you. It doesn't matter to us.

Okay. For the my recommendation for the fence maintenance, since I'm requesting compliance on or before May 1, the violation continues to exist, I would impose I'd like to impose a fine of $150 per day each day the violation continues to exist. For lack of business tax receipt, request compliance on or before May 1. If the violation continues to exist, impose a fine of $50 a day for each day the violation continues to exist. And for the lot clearing violation, we're requesting compliance five days after the board renders its order.

Board, do we have any questions for Inspector Dixon? I do. Go ahead, Mr.

King. No contact with the owner at all, no response, nothing? No. Okay. I have a question regarding the, since we got three different violations, do we address each one of those separately because of

the three votes?

We're gonna address each one, vote on each one second.

Gotcha. Thank you.

So, any other questions? All right, well can I get a motion on the very first violation?

I'll first make the first motion. He moved to find the responding violation of the code as referred to in the affidavit in this case.

Second. All in favor? Aye. All opposed? Motion passes.

Now, Mr. Frey. I move to enter this is regarding the fence on case 09Dash25. I move to enter an order requiring the respondent to correct the violations on or before 05/01/2025. If the respondent does not comply by that date, a board may order a fine of $150 per day for each violation per violation for each day. Each violation continues to exist. The fines and fees remain unpaid three months after such a lien is filed. The city is authorized for a close collector to settle such a

lien. Second.

All in favor? Aye. All opposed? That motion passes.

Okay. I move to enter order requiring respondents to correct the violate, this is in regard to the VTR on case nine twenty five. I move to to enter an order requiring the respondents to correct the violations on or before 05/01/2025. If the respondent does not comply by that date, the Board may order a fine of $50 per day per violation for each day. Each violation continues to The fines and fees remain unpaid three months after such lien is filed, the city is authorized to collect such lien.

Second. All in favor? Aye. All opposed?

Motion said. So this is actually this is an abatement. Abatement, yeah. This is a different style. Different style of motion. Nuisance abatement, yes. So here we go. Case number 925 regarding the lot clearing. I move to order enter an order regarding finding the respondent in violation of code and requiring the respondent to correct the violations within five days of birth written order. If 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 cost, which will become a lien on the property. Fines and fees remain unpaid three months after such lien is filed. The city is authorized to foreclose, collect or settle such lien.

Do I a second? Second. All in favor? Aye. All opposed? Motion carries. Move forward. Case, it's 4.2 that's been withdrawn. 4.3 on our agenda, case 11 Dash25, find respondents, Ritti Investments LLC at 1915 Drew Street in violation of code for signed maintenance and issue an order with the compliance deadline and find if compliance is not met. Is there anyone here to speak on that case? No? Inspector Gerpberger, you have the floor.

Good afternoon, board. Good afternoon. I've never seen that many more board members.

We're full. We're full. We're happy now.

Alright. I'm Steven Berger, time inspector for the city of Stillwater. This case 11Dash25 for 1915 Drew Street. There's one violation regarding code section three dash 15 o two I for sign maintenance. All signs shall be maintained in good condition in the form in which the signs were originally approved, free of mildew, rust, and loose material, including peeling or fading paint or materials.

Any loose, broken, peeling, or faded parts of the sign shall be promptly repaired, painted, or replaced. So the notice of violation was mailed January 15. Compliance date was January 2925. Certified mail receipt received 02/04/2025. It's a a plaza freestanding plaza sign at location consisting of two I beams and a cabinet.

It got damaged to it was a car accident. A car actually ran into it and damaged one of the I beams and also the cabinet. You can see here some some damage and rust also at the I beam. So that that that case goes a little bit back. It was a little discussion with that how to deal with it, how it is repaired, or if it has to be removed.

So it took a little bit for us, but I'm, from the beginning, in contact with the property owner. And second, you can see the cabinet got even more damaged. That's a picture from January 13 after the hurricane. Since the panels some panels were missing when wind blows in, it damaged the cabinet even more. The sign, meanwhile, is painted.

At least the rust is gone, but still the start the the I beam needs to be replaced and to come to compliance. The cabinet is still not repaired. And so the it requires a permit. The permit application is meanwhile submitted from a contractor, but we're still waiting for for an approval. So it's under review.

The permit is is not obtained yet. So we're waiting for that. And then once the permit is obtained, they can begin the work on the sign. Compliance for compliance for the freestanding sign in need of maintenance can be met by repairing the sign and sign structure so that is in good condition, free of any damage, rust, discoloration, fading, and or peeling paint elements, or remove the sign and the sign structure. The recommendation for this case eleven dash twenty five is one violation for sign maintenance sign maintenance requesting compliance on or before April 2625.

If the violation continues to exist and post a fine of $150 per day, each day, the violation continues to exist. Are there any questions?

Yes. Please.

Oh, I'm sorry.

Is that a realistic date considering the permit hasn't been approved?

Well, since the case that goes back to '23 already. So already the property owner had enough time to deal with it. We still can I mean, we can see if at least the permit is granted by then, and then we can go from there? But I would just say, you know, as a first step, to see if they get the permit for that. And then let's see from there.

Give a little pressure.

Okay. Thanks.

Do we

know how long ago they submitted for permit?

They submitted permit three days ago. Okay.

And the original violation was in '23? Wow. Or Yes. Yes. 2023. Yeah. I don't I I don't see any

I'm good with it.

I mean, I'm good too.

I I move to find the respondent violation of the code as referred to in the affidavit in this case.

Second. Second. All in favor? Aye. All opposed? Move Attention approved.

Return order requiring the respondent to correct the violations on or before 04/26/2025. 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 the fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect, or settle such lien.

Second. All in favor?

Aye. All

opposed? Motion approved. Alright. Next case is 4.4 or yeah. 4.4 on our agenda. Case number case 12Dash25. Fine respondents Thomas Rizkowski at 1384 C Breeze Street in violation code for grass parking and lot clearing initial order compliance deadline and fine if compliance is not met. Is there anyone here to speak on that case? Inspector Jensen, you have the floor.

Thank you. Inspector Dave Jensen, of Clearwater co compliance. This is a case 12Dash25 for 13 84 Sea Breeze. Actually got two different violations. One's gonna be a community development code. The other is gonna be a public nuisance. Just presenting them both here for you. And then we'll have basically the two different regions at the end. The CDC is for residential parking of an RV or motor home and grass parking. And then the PNU is for junk and debris accumulation.

These are the dates for the junk and debris posting and mailing and the compliance date and same for the CDC. An extension on the parking for the RV was given to the owner at his request after the or during the initial period. However, I've had several emails back and forth with the owner, a couple of in person conversations and one of the last conversations was him telling me, I'll see you in court because I'm not moving the motor home. That's kind of So where we're this was originally how I

found

it. If you look this line right here in the grass and you'll see another couple slides here is the property line between our violators house and the neighbor. When I first came across this, it had an expired tag. He did address that after quite a bit of time. So it's no longer considered an in op.

However, it's still parked in the same spot. Again, I've had several conversations and emails. I forwarded the ordinances that apply to this to him a couple of different times, included them in mailings and explained to him that it cannot be parked where it's at, the setback requirements, all sorts of things. Posted on the notice on the original date back in December. In the time I've had this zone for about the last year and a half, two years, I've personally cited the property a couple of times or not cited them, but put them on notice for accumulation of junk and debris, mostly out here in the driveway.

It'll get addressed after an extended period of time. Couple weeks later, more stuff shows up. I have to send another notice. It's kind of been a back and forth with them. The property right now as well has an outstanding lien of $385,800 on it for a BTR violation with the same owner back in 2017.

Jesus. And that's accumulated a daily fine as well still. So the solution from the owner, excuse me, was to get a bunch of railroad ties and hide the RV behind that. There's a rare set of railroad ties running from his west property line to the east end of the drive that you can see over here. And then slightly set back from that is another set of railroad ties running to the other property line, the east end of the property.

Behind that is the second set of railroad ties with potted, probably 10 to 12 foot tall trees that he's trying to hide them with. Some of the trees are starting to die or are dead. He now has the railroad ties, the front set front and rear set of railroad ties put together with some sort of boards, either nailed or screwed together as well. Again, here's a clearer view. This post right here would be the property line between his house and the neighbor's house.

The RV is sitting right on that. Up until a few days ago, the tires were starting to settle into the ground. One of the things he said he was gonna do is have cement brought in and put down. I responded to him, if you do that, you're likely to have to tear it all back out and put the ground back the way it was and you're not going to get permits because it won't meet the setbacks. I spoke to Dana Road, our building official and he confirmed that it would not meet setbacks either for pavers or anything like that.

This is a view before these were installed. And just to kind of give you an overview of where he is not permitted to park that RV, this is our city setback guideline. It's just flipped from his property. So this whole area here, he cannot park in the RV and this is where that RV is at. This is a junk in the green.

When I first started the complaint back on the tenth of this month, These items here have been removed with washer, dryer, microwave and stuff. However, this large plastic liquid toe, there's a pallet over here and other junk are still there. Supposed to include the PNU. This is the condition here on the eighteenth. These are his pavers. These are actually the large concrete things that your outside air conditioning unit sits on. It looks like they were used, and he had several these. I think 10 of them dropped off. You can see he's got this is the railroad ties that were installed on the east side of the property. This is the condition on the eighteenth. A bunch of empty pots

from

the plants, junk sitting over here. Computers are in the cell. You'll see in one of the pictures coming up here, he had sent to put a black tarped skirt around the bottom of the motor home between him and the neighbor's house being held up with bungee straps. There are pavers underneath the tires, a couple of those pavers that he used. This is the condition of that junk that was there.

Apparently we're gonna go really slow. This is what he's done now. I pulled some of these over here so I can no longer get pictures from the neighbor's yard into there. But you can see some of these plants are already dying off. Some that are on the east side of the property in the same condition. This is that black tarp that he's got bungee strapped to the motor home. You can see the pavers underneath the tires.

And we're waiting.

Well, he's just a DIY guy.

And and again, I've had I've had several email contacts with him telling him, you can't he'll send something that, no, that's not gonna be allowed. This is gonna make the problem worse. At one point, he sent me the email saying the trees in front of the RV will be spaced to allow for necessary vehicle maintenance and access. There's no way he's getting that RV in

and out

of there, obviously. So one of the things he did try to tell me is that he needed that for emergency evacuation purposes in case of a hurricane and that sort of thing. This is a condition of the property on the twenty fourth this week. Still have that large liquid tow. This trailer that I don't see a license plate on anywhere and it looks like it's been sitting there for quite a while.

Is there not enough room for him to get the RV back through the fence and close the fence would out? Think that the

trailer was not there and that's one of the things I I I said, you know, and at some point he told me why I can't fit it back there, why I couldn't see it in that backyard until he had opened up that gate and the neighbor called and said, now he's got that gate open. There's all this junk sitting there. There are rats and stuff in and out of there and different things and that's can see with that trailer there, he's not gonna get it in. He's got a big enough backyard, I think he can even move that trailer further in. It's You know

what It looks like he would have plenty of room if he just, you know, moved it behind the fence.

Yeah. That's

You'd be in compliance.

Yeah. So and, you know, he's offered up myriad reasons. It's been quite a rabbit trail of of things that he's throwing at me just, you know, about why he should be able

to park. His court date was today, so he should've came.

Yeah. Yeah. So yeah. He when I went by today, he was out digging a hole in the front yard. I I don't know what. So it's Is there a motor? I I

don't have

to anticipate this kid taking care of me. As far as the RV parking for the CDC complaint, we've had for the RV grass parking in a residential area. The motor home must be moved to the side of rear yard behind a six foot fence wall or hedge. It doesn't need to meet those guidelines I showed you in that hash marked picture recommendations for the grass parking requesting compliance honored before 04/09/2025, refined at $150 per day for each day that violation exists. As far as the accumulation of the junk and debris, compliance can be met for junk and debris by all junk appliances, debris, garbage refused, refused being removed from the property, requesting the compliance five days after the board renders its order for that matter.

Board, do we have any questions for Inspector Yes. Do. Mr. King.

Regarding your timeline of April 9, if based on history and all the communication you've had with the homeowner, that's like six weeks from now. So my question is, it it appears to me that it's fairly predictable that Yeah. That's gonna happen, so I'm wondering why six weeks.

I think actually, I think April 9 is

Oh, two weeks. Yeah.

Two weeks. Yeah.

I an extra Yeah. Month in

I spoke to my supervisor,

then we we that he

has he's had more than enough time Yeah.

To track

Good. That, you know,

we're gonna

just So I that

set up.

Do we need to make two separate motions on this? Yes. Yeah. Okay. Board, you

have any Leave those up there to the screen. Have motions.

Any other questions Board for Inspector Jensen? No? All right, we get a motion.

I move to find a respondent in violation of the code as referred to in the affidavit in this case.

Second. All in favor? Aye. All opposed? Motion carries.

CDC RV parking. I move to enter an order requiring the respondent to correct the violations on or before 04/09/2025. The respondents will comply 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 three months after such lien is filed, the city is authorized to fill or close, collect or settle such actually that's going to be

a nuisance.

Nuisance. Nuisance abatement. Back to nuisance. I moved in the order of finding the respondent in violation of code and requiring the respondent to correct the violations within five days of board's written order. If the respondent does not comply within the time specified, the city may take all reasonable actions, including entry into the property to abate and maintain the nuisance and charge the respondent with a reasonable cost, which will become a lien on the property. Costs, fines and fees remain unpaid three months after such lien is filed, the city has authorized to foreclose, collect or settle such lien.

Second. All in favor? Aye. All opposed? Thank you. Motion carries. Thank you, inspector. All right. Our next case is 4.5 on our agenda, case 13Dash25, five respondents Iris Valentine at 1446 Thames Lane in violation of court code for short term rental initiative in order with a compliance deadline and fine if compliance is not met. Is there anyone here to speak on that case?

Will you step forward please, ma'am? Good afternoon. Will you state your name and address for the record, please? Yes. My name is Iris Valentin Would

you step up to the mic?

Step up the mic a

little bit.

Make sure our clerk can hear you. We can't hear you.

Yeah. This is better. My name is Iris Valentin Villanueva.

Miss Valentin, I have one question for you. Do you admit or deny the violation today?

Well, I admit. Yes.

You admit it? Yes. Okay. If you'll have a seat right there, we'll we'll hear back from you after we Thank hear from the you. Can I get a

first move? I move to find a respondent in violation of the code referred to as the affidavit in this case.

Second.

Second.

All in favor? Aye. All opposed? Motion carried. Miss Green, you have the floor.

Good afternoon, board. Sarah Green, co combined supervisor for the city of Clearwater. This is case 13Dash25 for 1446 Thames Lane. There's one violation for a zone use violation for an illegal short term rental in a residential lease on property. These are the dates of notice of violation was mailed and the date it was posted. The compliance dates and the certified mail receipt was returned unsigned. This picture of the posting. On the left, these are a little small about kind of what you're looking for. These are the Airbnb listings. So when they've taken a screenshot, when you select a listing date, it'll tell you what the minimum night stay is.

In this case, the midwife stay is listed at two nights minimum, which would be under our monthly allowed limit within residential property. So when I first saw the property in December, I took a picture of it. It was sort of set to a two night minimum. After the first compliance date, after I sent out the notice violation, it was still set to a two night minimum. The date of posting on January 30, it was still set to a two night minimum. After the second compliance date on February 7, it was still set to a two night minimum. In mid March when I was prepping for code board, I took a screenshot. It was still set for a two night minimum. And this morning, it was still set for a two night minimum. So, nothing has changed since I started the case.

Compliance be met for the legal short term rental by ceasing the short term rental property and update all rental pages to reflect a monthly middle night stay requirement or by removing the rental listings altogether. Requesting compliance on and before 04/26/2025 or a fine of $250 per day for each day the violation continues to exist. Do you have any questions?

Board, do you have any questions for my screen?

I do. Why is the date so far out for something like this that can be changed today?

We generally give thirty days notice, but obviously the Board can impose a shorter timeline if they'd Thank you.

Okay, Ms. Green. Ms. Ballantine, team, will you come back up, please? Hi. What's going on here? You do understand that you're not allowed to rent for less than thirty days in the city of Clearwater. Correct?

It I do. And I hadn't I I haven't been here. I had my brother-in-law pass away in December, so I had to travel to Puerto Rico. He passed away on the twenty eighth. I immediately flew out of town. My sister had cancer surgery scheduled for January 28, so I had stayed the entire time over there. I didn't actually receive any of the violations or anything. I left somebody else in charge because I wasn't in town. So I do apologize about that, but when I checked it last, it was at the thirty one days, so I'm not sure.

There was just a picture of it today that

it's still two ninety days. I was like, it was at thirty one days when I looked at it, so I don't know. Honestly, I I haven't checked it. I didn't even I'm gonna go and check it now on

my phone. Being the owner, you probably need to keep up on stuff.

I do. But I work

I understand we have

No. I understand that. Of stuff. I am I was actually planning on moving back into the house now in May. My job requires me to work seven days a week, and even if even if it's remotely from wherever I'm at, which is how I was able to travel and maintain my job.

Pissed off a lot of family members, but that's I haven't because of my full time job, which is what actually, you know, helps me do what I have to do to take care of my family, but I had already spoken to my neighbors and told them, you know, we had look, don't worry about it, I'm coming right back in for now in May. And also, I've only had long term stays there. So, again, I'm not sure why it doesn't show that, but I have had a person staying there for two months.

Maybe they were maybe they were subleasing it to Airbnb without your knowledge.

No. I think it's the person that I left in charge, honestly. Well,

you have to set that thing. There's a there's a

I had I had already checked it this morning, and it was at thirty one days.

She showed a picture of this today that it was at two. But you do understand that, you know, that you need to get into compliance and have it and get it changed and not, you know, which only, I mean, I'm kind of familiar with those things. It don't take but a couple minutes to change that up real quick, you know, so, but let's, you know, let's try to, to

the compliance. Did check it this morning, and it was at thirty one days, so I'm looking for it right now.

Can I offer something? It might be good for her to get with the compliance officer to see what make sure they're looking at the same site and get it changed and satisfy the compliance officer. You

can get with miss Green and and you guys can, you know

Mhmm. Yeah.

Compare notes and and make sure that you get it set to where where it is because since we found you in violation this this first time, if it comes back up to us again Mhmm. The fine is going to be more than

I understand.

$250. It's gonna double.

I understand.

You know? And and we don't like to see people back a second time when we clearly

I don't have time to come back a second time.

I understand.

Believe me. My they're kinda mad at me that I'm here today, so I'm sorry.

No. That's that's it's not your fault.

And I I accept responsibility. I should have paid more attention

to it.

But Airbnb's are great. You know, they make the money and they they bring in money, but, you know, you gotta be in compliance and

stay Oh, I need it first to pay the mortgage because I look that's my retirement house right there.

So I

hear you. Hear you.

Miss is there someone staying there now?

Yes. There is. And how

long have they been there?

Since February something.

February something.

Yeah. I'll look it up. But they've been there since February. Hold on.

All right. Well, thank you a lot, Ms. Valentin, and just make sure that you stay in compliance.

Since February 15.

Okay.

And they're scheduled to leave on April 5.

Okay. Okay. Alright. Thank you.

Okay. Thank

you. Uh-huh. Alright. Board, can I get a

Yeah? I move to enter an order requiring the respondent to correct the violations on or before 04/26/2025. If the respondent does not comply by the date, the board may order a fine of $150 per day per violation, dollars $2.50, sorry, per day per violation for each day the violation continues to exist. If the fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect your set of such lien.

Second. Hang on just a moment. I'll have to make a second motion on that that we shortened the time. It's a matter of hours to take that posting down, not thirty days.

Well, that we've had in the past cases where people have had difficulty having the actual company comply. That's why you normally give them a little longer period of time. Okay.

I still would like to make that motion.

You can,

I was just I know I can? I would like to come down to April 1.

You wait a second on that I'll one. I'll second it. You'll second it? Mhmm. All in favor of Mr. Engel. Engel's motion? All opposed? Aye. Motion is defeated.

So back the second motion.

We have a second

on this

first motion.

Second.

We already have a second.

In favor of?

Can you sorry. Rebecca, code manager. Can you clarify who there was a first and a second, and there was a I heard the nays, but I didn't hear any. Was no one approved? Were they all nays?

They were all nays.

Okay. For second motion. For the motion maker. Okay, thank you.

And the second one,

Yeah, I think

exactly.

There was two of us, yes.

Okay, so the second motion

Was not carried.

Right, so you're back to the thirty days.

Okay. The first motion, we don't have a vote on it.

All in favor of the second motion?

No, first motion. First motion first, sorry.

All in favor of the first motion? Aye. All opposed? Nay.

Nay. Yeah, agree. The

ayes have it, that would be five to two. Anderson and Engel. Okay. Alright. Motion carries. On to our next case, 4.6 on our agenda, case 14 dash 25, find respondents Min Van Lee and Thigh Throne at 1563 Misty Plateau, Trail in violation of code for short term rental and issue an order with the compliance deadline and compliant and fine if compliance is not met. Is there anyone here to speak on this case? No, Ms. Green, you have the floor.

Good afternoon board. This property has returned to compliance. So we're seeking a declaration of violation. Okay.

Can I get a declaration?

I move to find the respondent was in violation of the code to refer to path of statement in this case. The violation was corrected prior to today's hearing and in an order that no fine be imposed. The respondent repeats the violation. The board may order a fine up to $500 for each date the violation continues to exist.

Second. All in favor? Aye. All opposed? Motion approved.

Thank you.

4.7 on our agenda has been withdrawn. 4.8 on the agenda, case sixteen-twenty five, find respondents Christine Dorsellus at 214 Highland Avenue violation of code for fences and walls and issue an order, with the compliance deadline and fine if compliance is not met. Is there anyone here to speak on that case? No? Inspector Stevens, you have the floor.

Good afternoon, board. Give the computer a second here. It's still loading up. So, good afternoon. John Stevens, co compliance inspector for the city of Clearwater.

This is case number 16Dash25 regarding 214SouthHighlandAvenue. We have one violation here of our fence maintenance code section three dash eight zero eight, and it basically violates all parts of three eight zero eight, which is about five different things, but it's all under three eight zero eight. Notice of violation was posted and mailed on December 17 with a compliance date of January 18, and we ended up getting the certified mail returned back to us as unclaimed by the the owner. This property, you may remember, we had it in the past. We had an abatement order on it because the property owner moved, I to a different country and then maintaining the lot.

So we had to get a lot clearing notice and all that and do a couple of abatements there for cutting grass and whatnot. Well, since the hurricanes came through, it knocked down a significant portion of the fence. We let it lay there for a while hoping some things would change and and nothing has changed. I had to go out physically post a notice of this hearing back on March 13, and that's that posting there. And then here's our initial pictures on December 17.

You can see some of the brush that was there that we had to send the contractor out on the current abatement order to pick that up back in behind it. You can see the leaning fence there, way more than the allowable 10 degrees. And you can see in the other picture that actually one panel is kind of down over on that, this far corner over here that's facedown. This was some other pictures from that fence. She has a very large gate there because they used to pull RVs back in behind there that that has been knocked down.

These were our follow-up pictures a couple days after the actual compliance date because the compliance date fell on a weekend. And then these are the pictures this morning, and you can see that nothing has changed. I've not had any contact with the property owner, but I did happen to notice in, our files in the city that here recently, apparently she is, applied for a residential rental, BTR, but it claims that she's still living there and I've yet to encounter anyone at the property. So I'm not sure what's going on there. Compliance can be met for the fence maintenance is, by obtaining materials to resecure any loose fence panels or place any rotten or broken boards or missing fence panels with light material to the existing support post and maintain the fence in a vertical position.

Fencing can also be removed to obtain compliance. And as a note, if the support posts are in disrepair, then, and need to be replaced and a permit may be required depending on how she decides to do that and what she wants to replace it with. And then our recommendations for the case is request compliance on or before 04/26/2025, for the violation of fence maintenance or a fine of a $150 a day for each day the violation exists.

Alright. Board, do we have any questions for inspector Stevens?

I move to find the respondent violation of the code as referred to an affidavit in this case.

Second. All in favor? Aye. All opposed? All right, motion approved.

I move to enter the order requiring the respondent to correct the violations on or before 04/26/2025. 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 exist. If the fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect or settle such lien. Second. All in favor? Aye. All opposed?

Motion approved. Thank you, board.

All right. Now on to old business items except the affidavits of compliance listed, for case five point one point one, 5.1.2, and 5.1.3. Move to the motion.

I vote to accept the affidavit of compliance as listed. Second.

Second. All in favor? Aye. All opposed? All right, motion's approved. 5.2 has been withdrawn onto 5.3 case number 100Fifty-twenty4 except the affidavit of non compliance respondents, Carusi Development LLC at 51 Verdina Street for abandoned building. Is there anyone here to speak on that? No?

All right, can I get

I move to accept the affidavit of non compliance and issue an order that imposes fines and states that fines and fees remain unpaid three months after acceptance? Lien is filed, this is authorized to foreclose, collect, or settle such lien.

Second. All in favor? Aye. All opposed? Alright, motion carries.

On to 6.1, our agenda case 56 dash 24, consider request by petitioner Clearwater Residential Trust, Pick n James r Trade at 1608 North Osceola Avenue to reduce the fine RE abandoned building and roof maintenance exterior services, and if approved, issue an order that specifies the fine includes administrative costs and establishes date payable, or the lien will revert back to its original amount. Board, we have a separate piece of paper here that, a lien reduction application. Is there anyone here to speak on that case? Sir, will you come forward to the podium And state your name and address for the record, please.

Hi. Jim Fichen. 1608 North Osceola Avenue. Good

afternoon, mister Fichen. What's going on, buddy?

Well, it's been a long case, and, we finally got it done.

I remember.

And I'm I'm requesting, that the, lien be reduced to the, administrative costs. And I've I've submitted some explanation of details of some of the hardships involved and the hardships involved in trying to pay the fines. So do what I can read read it or I can just see if you have any questions.

Rebecca, is property in compliance?

Yeah, that's one of my first questions. Are compliance you with everything that's going on?

Rebecca, Code Compliance Manager. Yes, our inspector has been out to the property and the property does meet our minimum code standards to be in compliance.

Good deal. Good deal. Thank you for doing that. So, Ward, do we have any questions for Mr. Picker?

Now I have to ask. What our

admin costs? Yeah, what are our admin costs on this one?

$1,456.20. $11.56? Was it 1,100? 1,400. All

right, I don't see a problem reducing that, Board, what are your thoughts on it? Board? No objection. I'm good. Is everybody good with that? Can Can I get a motion on that?

I move to an order reducing the amount of lien to administration costs of $1,456.20 payable within thirty days or the lien will revert to its original amount.

Question

before I have we a question. Is it possible to get a little bit more time to pay that? I'm still trying to pay off some of the other debts.

Are we is that a set?

You can do more in certain circumstances. How much time do you need?

Another thirty days,

I think

I can get one.

Sixty days

is Okay. I And

move to enter the order reducing the so the lien administration cost is $1,004,456 dollars 20¢ payable within sixty days, or the lien will revert to its original amount.

Second, did you have a question?

That's exactly what

I was gonna

Second. All in favor? Aye. All opposed? Motion carries. Thank Good luck.

Thank you for cleaning the property.

Yeah. Good

job. Appreciate your persistence.

Next up on our agenda is nuisance abatement lien filing 7.1 on our agenda case number 28Dash25, accept the nuisance abatement lien for respondent, Loretta Jefferson Estate at 1325 Woodbine Street for lot clearing and issue an order with the compliance deadline to authorize the city to mitigate the violation if compliance is not met. Is there anyone here to speak on that case? No? Inspector Dixon, you have the floor.

Good afternoon, board. Inspector Dixon, co compliance inspector for the city of Clearwater. This is case 28Dash25 for 1325 Woodbine Street. There's one violation of accumulation overgrowth and accumulation of trash and debris. Notice violation was posted mid February with a compliance date ten days later.

I believe this property is vacant. It kind of looks like maybe a neighbor is cutting down the front yard, but the backyard is pretty tall. This is the date of posting. And you can see through there that the grass in the back is about as high as that chain link fence and up near the building is as tall as the picnic table there. This was mid March, and here it is yesterday. The front yard's knocked down, but around the house and the backyard is still very tall.

No contact with the elements or

anything, No. I think it's vacant. I do remember seeing a junk car in the drive that's been removed, so I don't I don't know. Okay. Maybe somebody passed away or something. I'm not sure. Compliance can be met for the lot clearing by clearing all overgrowth and debris from the entire property and requesting compliance five days after the board renders its order.

Alright. Board, do you have any questions for Inspector Hicks?

I move to enter an order finding the respondent in violation of 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 into the property to abate, maintain the nuisance and charge the respondent with all reasonable property. If costs, fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect or settle such lien.

Second. All in favor? Aye. All opposed? Motion is approved. Board, if we have nothing else for us to see today, I will adjourn this meeting.