About this meeting
- Government Body
- Municipal Code Enforcement Board
- Meeting Type
- Municipal Code Enforcement Board
- Location
- Clearwater, FL
- Meeting Date
- October 22, 2025
Transcript
776 sections (from 846 segments)
Today's meeting of the municipal court enforcement board is called to order on 10/22/2025. 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 and indivisible with liberty and
justice for all. Thank you.
Please be seated. Agenda of today's meeting are
on the
wall at the entrance to the chambers. Please remember to turn off your cell phones. The municipal code board consists of seven members who are appointed by the city council. We serve voluntarily. It is the 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 for enforcing certain codes within the city. The board considers new business in two parts. First, the violation, and then the affirmative relief. Formal rules of evidence do not apply. Each side is limited to fifteen minutes. The board may grant additional times.
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, rise and be sworn in by the clerk.
Do you swear our promise to the truth in your entire testimony? I do.
First order of business is to review and approve the minutes of the last month's meeting. May I have a motion to approve the minutes?
Motion to approve.
A second? Second. All in favor? Aye. Minutes are approved. Is there anyone here to speak on items not on the agenda today? Thank you. Let's move on to new business items. Case number Eleven-four-twenty5, Cleveland Street 639 Land Trust at 639 Cleveland Street. Violation door and window openings. Mr. Kaczyn, you have the floor.
Thank you. Good afternoon, board. Daniel Kassman, code enforcement inspector for the City of Clearwater. This is case number 114Dash25 for 639ClevelandStreet. There's one violation here for code section three dash 15 o two c one, c three, and c four for door and window openings, window maintenance, windows not facing right away. These are the dates of notice the violation was sent out in compliance state. Did receive the certified mailback, and I am in contact with the owners of the property. This is 639 Cleveland Street. This was back in June. They had boarded up during the storms last year, but the board's been staying in the building for a bit too long at this point.
I went back in July, and the boards are still over the windows. Went back in August, they were still in the windows. And then today, they've removed some of the boards. I believe they will be replacing the glass soon. I know there are probably more ideas for what they want to do with this building. But in the meantime, all we're asking is it looks decent while they still plan that out. So blindspent for the doors and windows by removing all plywood and wood panels from door and window openings, repairing broken windows and doors, and for requesting compliance on or before 11/22/2025, or a fine of $150 per day for violation for each day the violation continues to exist.
Is there anyone here to speak on this? No. Board?
When were you when did you last talk with the owner or property manager?
There was a talk with the property manager about a week ago or so, and then they sent me a photo, I believe, either yesterday or this morning of those boards coming off. Again, kind of the same issue with other properties in Cleveland Street that had boards over windows. We just want them looking decent while they are fallow, waiting for their final form.
Okay. All right. Thank you.
Yes. I have a motion.
I move to find the respondent in violation of the code as referred to in the affidavit in this case.
Second. All in favor? Aye.
I move to enter an order requiring the respondent to correct the violations on or before November 22, was it? Yes. All right. If the respondent does not comply by that date, then may 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 foreclose, collect, or settle such lien.
Do I have a second? Second. All in favor? Aye. Motion passes. Mr. Kasman, you're
up again.
Thank you. Case number 115Dash25, Maria and George Ackerman at 832 Nar Cissus Avenue in violation code for fences and walls.
Good afternoon, Reagan board. Daniel Kasman, code enforcement inspector for the City of Clearwater. This is case number 115Dash25For 832 Narcissus Avenue. There's one violation here for code section three dash eight zero eight, a one through six for fence maintenance. These are the dates and notes that violation were sent out. Compliance date. I had to post the property, and I did have to post it for today's hearing. I have never been in contact with the owners of the property. This was 832 Narcissus back in June. This came as a complaint from the neighbors about the grass being tall, and a tree had fallen on a fence on the side of the property.
This is a better look at that. All that scraggly branches you see to your right is the tree that's fallen forward onto the fence, and this is it crushing that fence. This was in August. There were still issues at the property. This was the affidavit posting because I had not gotten any contact from the owners. I went back after the compliance date in September. The issue was still happening, and this was posting in October for today's hearing. And the the tree was removed. Another inspector had a lock clearing case on it, had the grounds maintained, had the tree removed, but the fence is still crushed on that side of the home. And today, it was in the same exact shape.
So compliance meant for fence maintenance by repairing the fence or removing the damaged section. And I'm requesting compliance on it before November 22 for a fine of a $150 per day. Appreciate the violation continues to exist.
And I was in remiss, is there anybody here to speak on this case? Okay. Just want to skip that part. Board?
No communication from the owner.
I will have owner. I to to get in contact with Mayor.
Okay. Thanks.
I move to find the respondent in violation of the code as referred to in the affidavit in this case. Second?
Second. Second.
Second. All in favor? Aye. Motion passes. I move to enter an order requiring the respondent to correct the violations on or before 11/22/2025. 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 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. Second passes.
Thank you very much for it.
Case number 116Dash25 has been withdrawn. So case 117Dash25, refined respondents, Kadita LLC at 1421 Pine Street violation code for short term rental. Anybody here to speak on that case? Could you please come forward and introduce yourself? If you could state your name and come up to the microphone once he's ready and state your name for the for the clerk. Just
give me one second.
Thank you. If you could state your name.
Good afternoon. My name is Caroline Degua.
Okay. Your address?
1834 Allendale Drive, Clearwater, Florida 33760.
Thank you. We're gonna we're gonna hear from the inspector real quick, then we're gonna have you come back up and and listen listen to you as well.
Alright. Sounds good.
Thank you. Can we find out what her relationship is? Oh, yes.
What was Relationship to the property?
Here representing the property.
Back up just a little bit. There you go.
There you go. Representing the property. Okay.
As
As part owner of the LLC. Oh, as part owner
of the LLC? Yes. Yes.
Okay. On the LLC. Thank you.
Okay. Thank you.
Yeah. Thank you. Appreciate that.
Okay. Good afternoon, board. John Stephens, co compliance inspector for the city of Clearwater. This is case number 117Dash25 regarding 1421 Pine Street here within the city. We have one violation here for an illegal short term rental that was being ran.
Notice of violation was posted in the mail on July 29 with a compliance date of August 12, and we received a certified mailback on August 15 assigned for. This is an actual Google map photo of the property so we can match it up with what was on the Airbnb, but that is 1421 Pine. Here is the initial listing that I found back on July 29. And you can see here there was a minimum stay that you could do for at least three days when our code requires that you have to do thirty one days or longer or one calendar month as a minimum. This is some of the posting photos from the actual Airbnb.
If you click like on the the rest of the photos, you can scroll down through it and and see what they have there so that match that up with the actual property itself. This was on August 13 here after the compliance date and the listing actually changed to a minimum of twenty nights, but not all the way up to at least one calendar month as we require. On September 30, it did finally change to thirty days. So it came into compliance at that point. And then as you see, you're checking today, it shows now that you can get it for ten nights.
So I think at some point they came into compliance and looks like they potentially went back out of compliance. So compliance can be met for a legal short term rental by changing any rental, listing on any website or platform such as Airbnb, VRBO, booking.com, etcetera, to a minimum of thirty one days or one calendar month. They can delete the listing altogether and rent the property on a monthly or yearly basis. They just can't do the the short term. And then, we are requesting compliance by 11/05/2025 for a fine of $250 a day, for the short term, rental violation for each day that violation continues to exist.
Thank you. And I'm I'm remiss. I need to call her back up again.
Can you
come back for a second? Do you admit or deny?
So can I just go back a little bit on the time frame?
First, we have to know if you admit or deny the the violation. Did the violation happen?
In those in those dates that he's representing? No.
So you're denying it?
Yes. Because it was changed to thirty days in on 05/13/2025. I reached out to Airbnb to understand why I'm assuming it's John. I'm assume the why the dates were being inadvertently being changed in their website to not show the thirty days and they couldn't really explain the details behind it. So I did request a letter from them notating when the dates were changed to a minimum of thirty days. Not thirty one days, but thirty days. And that date was effective 05/13/2025.
You can put the letter on the sheet there if you want so Board, any questions?
Not yet, I may. I have a couple for
For the inspector?
Yeah, for the inspector first, for Mr. Stevens first.
I'm going to switch you out again.
See
Mr. Stevens, the listing that you showed, I didn't quite catch the date where you said that you were looking at a listing Go backwards.
It's easier to do it this way. So the the initial listing started on July 29, You can clearly see on there that it was a three day minimum stay.
Okay. Is if I can interrupt you. I'm sorry. Is that Airbnb?
Yes. This is the Airbnb website. Let me go back to the full view here so you can see that. So yes, that's Airbnb's website right there for the property. You see minimum stay three nights right there where I have it highlighted.
All right. Do you have a date on when that was? Does that have
a The date the day I took that is down here in the corner, was on 07/29. It's the day I took that screenshot from my computer screen.
July 29. Thank you. Alright.
And then on August 13, this next photo here is the one where it went to twenty nights. And then on September 3 was when it, it showed thirty nights. And then today, when I checked it this morning, it is showing ten nights. And what I found in going through there when I was dealing with this is certain months, it's set for thirty days. Other months, if there's already a partial listing, then you can still rent it for the ten days, which means there's a partial listing that's less than thirty one days.
Thank you. So July and August out of compliance and then today?
I can't say exactly how long it's been out of compliance just because I think it's switching back and forth. It has that appearance that it's switching back
and forth.
Sorry, tell me your first name again.
I'm sorry?
Tell me your first name again.
Caroline.
Caroline, thank you. I'm sorry I didn't write that down. Obviously, the letter that you have versus the website displays that Mr. Stephens has, there's a conflict there. You have any Correct. They're in conflict with the letter that you've provided.
Correct.
Do you have any idea how that what that's about or what occurred there?
I believe I spoke to John as well on the phone call because I don't understand how that's happening, right? When I had discussion with him, he said he was going in there changing dates to see and that's why he was probably getting the discrepancy in the minimum number of dates or nights being available to book. And then after that conversation, I then called Airbnb to understand what he was saying, right? There was somebody in the background going in and changing the dates at their facility. And they said no.
It has to be done by the property owner, the person who is managing the property. So in all honesty, I have no idea. The first letter that I did receive was back I believe, in May 12. And then I called the city to discuss the letter. And that's when they said you need the minimum compliance is exactly what was stated. And then you also need a license to do that.
Right.
So from May 13, I went ahead and changed the dates to a minimum of thirty days, not thirty one, thirty. And then I went ahead and applied for a license to be in compliance.
Okay.
So in my opinion, that's my opinion, those dates have always been thirty days.
Got you.
Okay. But you applied in May, but yet in July and August, it wasn't.
That based on
When was the last time you actually called and found out? Did you check even today before you came here?
I'm sorry. Repeat the question again.
Did you call Mhmm. The site that's handling the rental?
Right.
When was the last time you talked with them?
This letter, I spoke to them on September 22.
No. I'm not talking about letter. I'm talking about phone call.
To Airbnb? Mhmm. September 22, sir.
September? Okay.
Correct. The same day I had a conversation with mister Lyle over at Airbnb. This is a follow-up phone call from my discussion after John. That's when I said, then you need something in writing so I can present it to everybody so I can show when the date was stated as thirty days. And that's why he emailed this letter to me showing the same.
I'll make a comment. It would appear that despite her best efforts and her communication that something's afoot in terms of the listing that if it's it appears that if it's listed, you know, if that listing is not correct, then it's not correct. And it's, you know, during the period that Mr. Stevens noted, it was not correct in terms of compliance with the code enforcement.
Have you had any rentals during the last six months?
Repeat the I'm sorry, Repeat the question.
Have you had any rentals during the last six months?
For a minimum of thirty days, yes.
Have you had any less than thirty days?
No.
If you get one for less than thirty days, do you have the ability to cancel it or to deny it? Is that part of the system or not?
It's not, right? So if anybody's going into the AFBNB website and they're looking for ten days, it might this property right here will not show up as available for ten days, right? So I'm not going to get enough notification to either approve or decline unless they send an inquiry to me, right? So if they send an inquiry, they say, hey, can you reduce the amount of time from thirty to ten, that's where I'm you know, I can go back and say no through
the platform. But
I don't rent outside the platform because renting outside platform means I'll have to do a legal agreement to cover most of the terms and conditions, which is tedious.
Well, thank you for your clarifications, and we'll have a
I have a question for Inspector Stevens. Do you have any indication or proof that the property's been rented for less than thirty days in the last, say, couple months?
Our code doesn't require that you have to prove that it was actually rented. Our code says if it's just merely advertised to the public that it's available that way, then you're in violation. It doesn't matter if you actually rent it or not.
Thank you. Thank you.
Can I just
add to that? There's a little bit more nuance, but what it says is that if you're advertising, that creates a presumption that you are not using it for residential purposes anymore. So, if we get evidence that but those things are hard for us to prove that, you know, people are coming and going. A lot of times we rely on the neighbors to gather that kind of evidence. But the code does say that if you're advertising for less than thirty days, there's a presumption that that's not residential use of the property anymore.
So that's why we show you the ads. We rely on that. It doesn't necessarily mean that we wouldn't tell you if we had information that But it was being like I said, it's difficult to get that stuff.
Like you say, it's an assumption that it's being rented. If it's advertised for less than thirty days.
Well, I don't like the word assumption. The code uses the word prima facie evidence. And so that's what we call a legal presumption that something is happening. If you see this, then we presume that it means this.
Going back to Mr. Stevens. Thank you. If it's I'm sorry. I made the stump on you. If it's advertised, that's the violation. Anybody else? I move to find that the respondent in violation of the code as referred to in the affidavit in this case.
Do I have a second?
Second. All in favor?
Aye. I move to enter an order requiring the respondent to correct the violations on or before November 5. If the respondent does not comply by that date, the board may order a fine of $250 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 foreclose, collect, or settle such lien.
Second? Second. All in favor? Aye. Motion passes. Thank you for your time. Case number 120Dash25, line of mnemonics, Jessica L Fox at two at 634 Bellevue Boulevard in violation of code for short term rental and residential rental business tax receipt.
Board, this one, we're actually just seeking a declaration of violation on both violations in that case.
May I have a declaration?
Is this the first motion?
No. It's a declaration. It's it's Mr. Chair, don't
know if there's anybody here to speak on this, but we we would, I think, hear for them before that motion, right?
I think there is somebody.
It's a declaration. Do we need to hear it?
I'll read.
They still have the opportunity to speak if they so choose.
Is there anybody here to speak on this case? You come forward.
They complied, pardon me. Okay. I got you. Okay.
How are you today? Thanks. You could state your name and address to the microphone when you if you do this.
Hello. My name is miss Mira Sinjari. I live at 2920 Mingo Drive, Land O'Lakes, Florida.
And how are you attached to the property?
Oh, I
will spell it for you. B e s m I r a. Last name, s I n j a r I.
Thank you. You're welcome.
And how are you connected to the property?
My I manage it with my husband.
You manage it. Okay. Uh-huh. So we can go with the declaration then, I think.
I'll be glad to read that.
For it.
I move to find the respondent was in violation of the code as referred to in the affidavit in this case. The violation was corrected prior to today's hearing and can enter an order that no fine be imposed. If the respondent repeats the violation, the board may order a fine of up to $500 for each day the violation continues to exist.
Second. All in favor?
Aye. Motion passes. So that was done for you.
So And did you need the young lady back up so you can have the whole omit and I
Might as well. Discussion, I believe.
Yes. You can come back up. Yes. And this is case number 121Dash25.
Correct.
Rudin Sinjari at 305 South Lincoln Avenue? Yes. This is your case. Do you admit or deny the violation?
I admit them.
You admit the violation? Okay. So we're going have Mr. Steven speak on it first, and we'll have you come back up and tell us your side as well. Thank you very much.
Do we do a
We should go ahead and do the first motion now.
I believe so.
Yeah. Alright.
Mister K. Board, here we go again. Me. Stevens. Mister Stevens.
Excuse me. Let me do my motion. Let me do the motion and then we'll Thanks. I move to find the respondent in violation of the code as referred to in the affidavit in this case. Second.
All in favor? Aye. Motion passes. Mr. Stevens. Thank you.
Okay. So we'll do a brief overview of this one. Again, John Stevens, co compliance inspector for the City Of Clearwater case number 121Dash25305SouthLincoln. We have two violations here. It was for a legal short term rental, which we're asking a declaration of violation for later in the recommendation. And then a, not having a residential rental business tax receipt. This case started, back in July. A courtesy letter was actually sent in June, when it didn't come in compliance, had to go and and post the property and had compliance date of July 31. Here's the posting for today's hearing. That was on October 7, and this is actually a picture of the property.
It's a duplex listed as 305 And 307 South Lincoln Avenue. The 305 is your primary address. And then this is the Airbnb listing that was found back in June that started all this, where you can see that I have highlighted here that you could get it for a minimum of four nights. And the reason I highlighted this box here, there was another listing that I found that just showed that it was the correct address that actually had an address tied to the listing, which is up here as 307 South Lincoln Avenue, which is the other half of that duplex. But you can see the furniture, wall art, all that is exactly the same that was in the previous listing.
So this is on August 13 after the compliance date, and you can see I can do a reservation for nine nights here where it's it's highlighted. And then if we fast forward all the way to today, the property owner has brought it into compliance a couple times. Checked it. It has been changed over to the thirty one day minimum listing, which is right here, but they have never obtained their residential rental BTR for whatever reason. So this is back in June showing our list of either permits and things of that nature cases that we've had co compliance wise on this property throughout the years.
And you can see the very top name is the current owner's name, and the only thing that we have is from 2024. The only other BTR that's been there was from back in 2005. It's not the same person and it's out of business. It wasn't, it was for a rental, but that doesn't transfer over. So we look at July 24, same thing.
Only my two cases are the only two new things that were added to that. I didn't apply for a BTR then. And, same thing after the compliance date on August 13. And then today's date, there's still no application for a residential rental business tax receipt. So compliance can be met for the residential rental business tax receipt by obtaining a residential rental business tax receipt or they have to stop leasing the property at that point.
And there's currently still the Airbnb listing that's there. It's just now for the thirty one days, which is correct. So our recommendations for the case for the illegal short term rental, we're seeking a declaration of violation. And then for the residential rental business tax receipt requesting compliance by November 5 or a final $50 a day for every day that violation continues to exist.
Thank you. Go back forward for a minute.
I paid the VTR fees on the website. Unfortunately, I don't have it with me. But I thought that I had we had paid that fee. However, I will apply again and go through the channels and get that corrected.
And you'll be fine.
If you're
in compliance by November, you're fine.
That's Yeah, yeah. I just I was at we paid the fee on the Clearwater website, the city of Clearwater website. I can find proof of it in my emails. And if I haven't, then I will go
ahead and
do that. Update mister Stevens with
that after the fact.
I was gonna say, correct me if I'm wrong, but you and your husband own multiple rental properties. Right?
No. That's our only one.
Is that the only one? I thought you guys also have one over on Cleveland.
No. That's not us.
Okay. I made a mistake. I may be figuring out what case
I'm not. Yeah. Okay. Yeah.
That's it.
Well, thank you very much. You. Can we get the declaration first?
I move to find the respondent who was in violation of the 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. If the respondent repeats the violation, the board may order a fine up to $500 for each day if the violation continues to exist.
Do have a second?
Second. All
in favor? Aye. That motion passes.
So we get a second. Second
motion on the other first?
I guess not. All right. Regarding the BTR, I move to find the respondent in violation of the code as referred to in the affidavit in this case. I move to enter an order requiring the respondent to correct the violations on or before November 5
Yeah.
2025. And what's the fine amount for that?
Dollars. $50.
Okay. 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 exist. If fines and fees remain unpaid three months after such lien is filed, the the city is authorized to foreclose, collect, or settle such lien. Second.
All in favor? Aye. Thank you. Thank you, Board. Thank you very much for your time.
Case number 120Two-twenty5, final respondent's William Joseph Reese at did I skip one? No, I didn't skip one. At 1390 South Hillcrest Avenue in violation code for short term rental and residential ETR. Anyone present? Anybody present on this case? Hillcrest? Nope. Nobody present? Thank you.
Yes, ma'am.
Thank you.
Okay. Good afternoon, board. John Stephens, co compliance inspector for the city of Clearwater. Case number 122Dash25 for 1390 South Hillcrest Avenue. This is another case of an illegal short term rental that we're gonna ask for a declaration of violation on and then a residential rental business tax receipt violation.
This case courtesy letter was sent out in July, July 9 actually, but I had to go and post the property on August 11 because it remained in violation afterwards. Compliance date was August 17. This is the actual property itself and you can see I've got a little circle right here. That's actually the posting of violation because we did not get a green card back when it was sent out. And then this other picture here is the posting of today's hearing on October 7.
And then this is our, listing in July 9, of the actual property. You can see the center picture up here is the the same house that I had the pictures of the posting on. And this is where I was able to do a two night pending reservation for that. So they had it set for when normally when you click on Airbnb, if it has a minimum set, when you click on the date, it'll pop up and tell you this is what the minimum is set to. If there's not one, it doesn't pop up.
So you have to go to the next page, like choose your actual dates and then figure out if you can do it that way. So this one I was able to get it down as low as two nights. And then they changed that listing shortly afterwards, so they must have gotten the paperwork on the semen because it changed to a minimum of thirty nights and it has stayed the minimum of thirty nights because this is actually from today that I took a screenshot from Airbnb. I have not had any contact with this owner. I'm not sure why they haven't gotten their VTR, but here's again a picture of our website, but our database system that we use to do our cases.
And you can see they've never had a business tax receipt on this property. After the compliance day, still the only thing came in new cases are my two cases that were added to that and this will be in the same system. And then here is today's screenshot of that same system. And again, there's no application for issuance of a residential rental business tax receipt. So compliance can be met for the residential rental business tax receipt violation by obtaining a residential rental business tax receipt or stop leasing the property.
And again, so for the two violations, our recommendation for the illegal term rentals, we're seeking that declaration of violation. And then for the business tax receipt, we're asking for compliance by November 5 for a final $50 a day for each day that violation continues to exist.
Thank you. Can I get a declaration?
Declaration of violation. Yes. Mister Engel, you wanna do a declaration
of violation?
Sure. I'll do
it again. I move to find the respondent was in violation of the 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. If the respondent repeats the violation, the board may order a fine of up to $500 for each day the violation continues to exist.
Do have a second? Second.
All in favor?
Aye. Motion
passes. We have a first and second on the other.
I move to fine the respondent in violation of the code as referred to in the affidavit in this case.
Second. All in favor?
Aye. I move to enter an order requiring the respondent to correct the violations on or before 11/05/2025. 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 exist. If fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect, or settle such lien. Second. Second. All in favor?
Aye. Motion passes. Thank you. Number four. Case number 123Dash25, fine response, Elizabeth Plumley at 1367 South Michigan Avenue in violation of short term rental and residential business tax receipt. Is anybody here to speak on that? No. It's all yours, mister Stevens.
No. Apologize on that
It's Okay. Good afternoon, board. Again, John Stevens, co compliance inspector, city of Clearwater, case number 123Dash25 for 1367 South Michigan Avenue. Two violations here for a legal short term rental and a not having a residential rental business tax receipt. This started back in July when a courtesy letter was sent that did not get any momentum whatsoever getting anything changed.
So I posted and mailed a notice of violation to the property on August 11 for the client compliance date on August 17. This is actually thirteen sixty seven right here, the picture you're looking at, and I have my actual posting right here of those violations. And then this is a Google map posting of this. The note the owners were notified of today's hearing as I was going to post the property. They were actually at the property and they came out and they talked to me. And I've actually talked to them multiple times over the phone about the the issue going on here. They they disagree with, what the city code requires of them. I don't feel that that's that's fair is the best way that I can put it. But regardless, I thought they'd be here today and they're not.
We stepped out with the baby. I'm
sorry. Okay.
Okay? Yeah.
Can you come up and Yeah. Give your name and address for the Yes. Record, and then we're gonna send you back to your seats. Okay.
Sorry about that. I'm Elizabeth Plumley. I'm the homeowner, and we admit to previously using it as an Airbnb, but have we should be in compliance now from our understanding, and that's what we're kind
of having issues with. Okay. Thank you.
Okay. Thank you.
We'll call you back up
in a minute.
Thank you, though.
Okay. I'll continue on. So this was on July 9. You can see here I was able to select a minimum of three states, three night stake is that what they had it set at. And then this is our seller system that shows that the last BTR for this property was back in 2019.
And you can see the ownership changed. I'm assuming this 50 ad must have been an LLC and now miss Plumley up here is the owner of the property. This was on August 11 when the property was posted, I could still get it for the three nights. Again, there was no BTR obtained at that point. And then this was after the compliance date, I could still get it for the three nights.
And again, no VTR had been obtained. And then, this was on September 19. It was still showing three nights. And then as today, it's still showing that I can select it for three days. And then and then that time frame as of today, she's applied for her residential rental BTR, but she actually hasn't paid the required fees. So she submitted an application, they process and said, you're approved, just pay your fee. And she hasn't paid the fee yet. So it actually hasn't been issued. So technically she does not have her residential rental business tax receipt at this point.
Thank you.
Did you say that as of today's date, the listing has been corrected or no?
No. It has not. It's still showing you can do three nights. If we go back a page.
And that listing is what?
Airbnb again? Airbnb right here. It is still showing three nights and that it was as of this morning at nine eight, almost 9AM, 08:58.
Okay.
So compliance can be met for the illegal short term rental and by obviously changing any rental listing on any website or platform such as Airbnb, VRBO, booking.com, etcetera, to a minimum thirty one days or one calendar month, delete the listing altogether and rent the property through some other, you know, means on a monthly or yearly basis. They have to stay away from short term. And then compliance could be met for the residential business tax receipt by actually obtaining it. So she just needs to pay the $31.5 fee and should be good on that portion of it. So our recommendations for this case is, for the illegal short term rental.
We want compliance by November 5 or a fine of $250 a day for every day that violation continues to exist. Same compliance date for the residential rental business tax receipt, but that fine would be $50 a day for every day that violation continues to exist.
Thank you. Miss Plumway, can you come forward again, please?
Yes. So we submitted the business tax ID request, and then it didn't have a payment portal. But we can take care of that. I think it just is the email or, like, how how to do that because we do get should have been
sent an email that said basically like congratulations it's going to be issued but
it should have gave you
a link to go online and actually pay
Okay. For We didn't see that. I can definitely look again. On my perspective so we keep setting the Airbnb app to thirty one days. When we kind of talked to him, we went back and forth and we're saying the issue was we didn't understand because we live in the front house, the back house is an ADU.
And we thought because we're homestead exempt that there was an exception to, you know, the residential codes and that we could rent it because most of the year, I'd say over 60% of the year, use it for friends, family, relatives. We're not exclusively running a business out of the back. Like, we put the baby back there and childcare stuff like that. So, when we talked to mister Stevens, he explained that there's no ex exemption for homestead and then we kind of were trying to look at other options and change it to come into compliance. So, while it did take us a while, we, from our understanding, we are in compliance on the listing because we have no no one booked, no bookings, no short booking bookings.
Like, when you put in can I show you my just a screen, like, from the camera thing? So when you put this in, it literally shows us, like, this is just my phone as the owner. We put minimum nights thirty one, maximum nights ninety, and but it's still letting people select fewer days. But when you actually try to book, it will not allow you to.
No. We actually actually got a booking about a cold.
I'm sorry. What's your name?
Oh. Wally Majood. This is my husband, but I'm the owner. It's in my maiden name, Plumley. Oh, I'm sorry. Wally?
Majood. Same exact as her. M a h
So I think the previous woman who was talking about her listing that Airbnb may be trying to push rentals or, like, give you the shorter allowances. Like, we're we're trying to come into compliance. I'm not don't have any bookings. I plan to use it as a thirty day. I may even long term rent it. So we may end up having to just delete this rather than I'm not gonna, you know, let it go go crazy. So I do plan on paying the $31 I'm sorry. I believe I thought that was already paid for. But yeah, we're just, you know, living in the house. That's why we kinda had, we sent a letter to planning and development on 08/3025 to kinda ask and inquire but it it got returned to us as I have the mail here if you wanna see that.
We were trying to just kinda say, hey, we're a homestead. You know, this is used mixed use property. We have a dental clinic on our street. You know, I don't know if anyone's familiar with South Michigan or off of South Missouri. There's a lot of, like, businesses there as well, but it's still zoned as residential, so we needed to clarify that.
So this was what the actual letter I sent trying to get in touch with mister Stevens at the time. This is a primary residence. We're not investors. We're not trying trying to violate code intentionally, but there was some issues there on our part and mister Stevens did clarify as he said in our multiple interactions and so now we're, you know, intending intentions to be in compliance whether that's just paying the bill and speaking to Airbnb again because when we talked to them, they said it is set at thirty one days. So we called them. They said it's set at thirty one days. I don't have any bookings. If you see on the app, you can kind of see where people are booked or the calendar dates are blocked and they're all it's all available. The the house is open. If anyone was to go there, you know, we're using it for personal use right now.
So we don't want to not be in compliance or escalate this any further. So our goal is to remedy that situation. But, yeah, we just kind of had that confusion of like, we're homeowners. We just want to use our own at our our home at our own discretion, discretion, you know, and it's convenient for us not to have long periods of time where we can't access part of our property. So that was, you know, just our personal thing, but I understand the code is the code, so we don't want to, you know, cause
any issues. Thank you very much for your time.
I have a I'm sorry. I have a question for you. Do you now understand what you need to do to get to into compliance?
Yes. Pay the $31 and make sure the app doesn't allow anyone to book, so I may need to reach out to Airbnb and have another conversation with them.
Or
I can delete it. Right.
Or delete it.
Because I'm gonna possibly put a renter in there, and then I'll just delete it.
You you could delete it, and you you may even wanna, you know, think about using a different, like, app, like booking.com or something like that. Airbnb is starting to have problems with the thing which the last lady you were the first two that I've had anybody complain that they hadn't been able to change it to thirty one days and then it magically changed back or whatnot. So I don't know. They could be having an issue. I can't say that they're not, but
Yeah, because we don't even log. Yeah, we don't even log every day. And then it'll say, we'd have to show show us any short term rentals. So it should be as far as we know, we're just not getting any bookings at the thirty thirty one day mark, but from what I can do on my side, I've said it as that. So, you know, I'm not intentionally not being in compliance from that, that point of view.
You do understand there is no homesteaded, is that?
Yes. And he said in a street that's in a different area, you can do like a bed and breakfast thing if you're live on the property, but that's not my zone. So there's no exemption. So that was that was why some of the delay. I was just explaining like, I was trying to clarify and say, oh, we thought we could do this and here's why because we're on the property. We're over seeing it. We're not like just renting out the house to anybody and having big parties, but, you know, and now I understand that fully. Yeah.
Thank you very much for
your time. Thank you.
Thank you. We thought we had some property rights.
Well, do do. That when you go ahead Airbnb, know, just a different Yeah.
You. Thank you. Thank you.
Can we revisit the declarations that you're looking for?
Yes. So declaration of actually, this one was a a full for on both of them. So if they, you know, get it changed and everything like that Yeah. Within the time frame, it'll be fine.
Showing up. Yeah.
Oh, you need the page back up?
If you don't mind. I just wanted to be sure what it was, what we're going to declare or ask for a violation on. Anybody else?
No. Anybody else want to do this declaration?
Regarding the short term rental, I move to find the respondent in violation of the code as referred to in the affidavit in this case. Do you have a second? Second. Second. All in favor? Aye. I move to enter an order requiring the respondent to correct the violations on or before November 5. If the respondent does not comply by that date, the board may order a fine of $250 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 foreclose, collect, or settle such lien.
I second. All in favor?
Aye. You very Regarding much for the business tax receipt, I move to find the respondent in violation of the code as referred to in the affidavit in this case.
Second. May have a second?
All in favor? Aye. I move
to enter an order requiring the respondent to correct the violations on or before November 5. 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 exist. If fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect, or settle such lien.
Do you
have a second?
Second. All in favor? Aye. Thank you.
Case number 120Four-twenty5, final respondents Jose Luis Medina Manulo, and Vivian Medina, and Claudia Michelle Medina at 321 South Evergreen Avenue in violation of code for short term rental and residential business tax receipt. Is there anybody here to speak on that? You could come forward and give your name and address.
Good afternoon. Claudia Medina. The address is 1321 South Evergreen Avenue, Clearwater 33756.
Do you admit or deny this?
Admit. You
admit? Okay. Do have a seat for minute, and we'll call you back out.
Alright. This is my last one for it. I promise. Case number 124Dash251321SouthEvergreen. Again, my name is John Stephens, co compliance inspector for the city of Clearwater. Two violations here for the residential rental, business tax receipt and illegal short term rental. This started back in July as well with a courtesy letter that there was no response to, and I posted the property, which you can see here in the picture, August 11 with a compliance date of the August 17. This was the initial listing in in July, And you can see I have highlighted here that you could get this as low as two nights.
And
checking our system, they did not have any type of residential business tax receipt. There was actually some type of case that happened in 2019, but it's a different owner's name regarding the BTR, so the property must have got sold and transferred. This is the listing actually on August 11, the day that I posted it and I could still get it for two nights. And, again, no VTR was, applied for during that time frame, just my two cases that have been added to the list there. This was, on August 13 after the, compliance date, and it's still two nights, and no VTR had been obtained.
And excuse me, that was actually August 18. I apologize on that, not the thirteenth, but I follow-up. And then today in checking it, it was still showing two nights and there's still not a business tax receipt. The young lady who just came up here, she actually called me earlier today and we spoke on the phone and I'll let her tell, you know, her side of what's going on but basically, she says she is going to get everything, in order. So compliance can be met for the illegal short term rental and is by changing any rental listing or any website or platforms such as Airbnb, VRBO, booking.com, etcetera, do a minimum of thirty one days or one calendar month, delete the listing altogether and rent the property on a normal monthly or yearly basis.
And then for the business tax receipt, they obviously has to obtain that business tax receipt or stop leasing the property. And then our recommendations on this as we'd like both violations to be in compliance by 11/05/2025, or a fine of $250 a day for the illegal short term rental, or a fine and a fine of $50 a day for the business tax receipt for each day of those violations continue to exist.
Thank you. We'd like to get the first violation.
We should get that by the way first though. Before she.
She already admitted the violation. All right. The person out.
Move your final respondent by law, Senator Code, as referred to in the affidavit in this case.
Do we
have a second?
Second.
All in favor? I agree. Right. If you come back
up. Yes.
Thank you.
Good afternoon.
Excuse me. Are you Claudia or Vivian?
I'm Claudia.
Claudia, thank you.
Yes.
So after speaking to Mr. John, I finally called Airbnb and I do have the site set up for the thirty one days. I didn't know until I spoke to John and Nicole that that was the code. So I did go ahead and correct that. I could show you guys the website now. Also after we got the notice on August 13 with the picture of the notice on the door, we have been using the property ourselves. We did buy this as primary for my father's retirement home. He's coming from San Francisco, but he wasn't here full time. So we just thought that this would be like a fun idea. We didn't realize that there were so many codes and so many things.
We just saw a fun Facebook ad or video saying you could rent your house part time. Since August, we have been at the property when Mr. John came to deliver the letter in person. He actually, we were there. We we saw him in person. I do have the app now, which I put here, set up when I called Airbnb as well, saying that we are we can no longer rent for thirty one days or less. Okay. Thirty one days or less. So I'm not trying to be out of compliance. We are trying to do what we need to do to get everything up to code.
So far, was the only stuff I could do. I did go into the system to try to pull the tax ID out in case we do decide to do this later on in the future. I was not able to successfully complete it. John has also given me a phone number to help for somebody to help me get through it so that I can get that in code in case we do decide that we are going to rent it later on in the future. But as of right now, is a primary residence. I did go ahead and change that as well.
Mister Medina, have you applied for your BTR?
I apply I tried to apply for the BTR. I'm not sure if you can see that we're in the system, but it was asking me for some sort of like LLC licensing, so that's where we got stuck. And I have somebody's phone number that's going to walk us through it to get us all the way through the entire application. But I got delayed there once it started asking. Because I said we don't have a license. This was just supposed to be a part time kind of like a fun thing while we're not at the property full time. So I have tried but I don't have it fully completed, no.
Okay. Well, Mr. Tabins can probably help guide you through that.
Yes, which he has. He's giving me information, which I'll be contacting them later on this week.
All right. Thank you. Okay.
Thank you. I have a question for you. Yes. Were you in the audience when Mr. Stevens made the comment about, based on previous cases we've heard today, that Airbnb may be, potentially may be, making changes to short term rental availability?
Yes.
Okay.
I have, and I spoke to him earlier this morning. There was a couple of bookings, which we we just got started on this a few months ago. I don't even know. We're in October. Maybe I think we closed on the house in March. We lived in it till June or July. I I think till July. And then my father said, I'm gonna retire till the end of the year, and then I'll come out. So I said, oh, well, this is fun. Let's just rent a little bit.
We'll help us So with the
we we didn't get too crazy into it because we didn't get too many bookings. I think we got it, like, right at the end of the summer. So Airbnb was was we just put up some pictures and put description up, but they have been changing their stuff. When I called them to let them know that we could no longer do it for a short term, I think they try to push dates on you or or try to do incentivize it. But, yes, I I have heard and I am aware that we're going to have to figure out if we do decide something, maybe change it up or like, I just heard him say booking.com or maybe something different if we try to do thirty one days or more.
Great.
But we are my father's we're moving into the property. So who knows? Maybe later on in the future.
A learning curve. Yeah.
I'm sorry?
A learning process. Yeah.
Very. Yes. But it is what it is. And again, we don't want to be out of compliance. We know I'm here. So I'm hoping that I have somebody to walk me through the license, the tax ID part of it, which is I think the BTR is what you
said? BTR.
Yes. The BTR, I'll have it just in case. And then as of right now, I've corrected them to Airbnb, it's no longer under thirty one days.
Thank you. Okay.
Thank you. You.
Thank you, guys.
Do we
have a second motion?
I'll move to enter an order of crime they responded to correct the law only before November 5. If the respondent does not comply by that date, the board may order a fine of $250 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 foreclose, collect or settle such lien. Second.
All in favor? Motion passes.
And we need another vote. Yeah. Another motion on the
Yeah, on the VTR. Okay. Yeah, I move to find the respondent violation of the case as referred to in the affidavit in this case.
Do we have a second? Second.
All in favor?
Mr. Chairman, I move to enter an order requiring the respondent to correct the violations on or before November 5. 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 exist. Assigns and fees remain unpaid three months after such a rainy fall, the city is authorized to foreclose, collect or settle such claim.
Second. Second.
All in favor? Aye. Motion passes. Thank you.
Move to the board.
Case number 4.124.13 are continued till November. Case, 4.14, which is case number Thank you, John. 127Dash25. Line respondents, Jeffrey Fowler at 1022 Iroquois Street. Violation of per for permits and issued an order compliance. Is there anybody here to speak on that case? Please. Sir, if you would please come forward to this case.
171272525414.
Okay.
Jeffrey Thaler. I live in 1808 Sherwood Circle Clearwater, Florida, and I'm the owner of 1022 Iroquois Street.
Do you admit or deny the violation?
I deny it. You deny the violation? My compliance, yes.
Okay. If you can have a seat, and we'll call you right back up.
You go. Slow. Okay. Okay. Can you all hear me good? I know I'm much shorter than everybody else.
You're good.
Good afternoon, Code Board. I am Catherine Reeves, Code inspector for the City Of Clearwater. This is in reference to 1022 Iroquois Street, case number 12725. Number of violations is one, permits required in section four dash two zero three eight one. No person shall commence any construction, demolition, modification, or ratification of a of a building or a structure without first obtaining a building permit.
Specifically, structural and electrical on this case. There were multiple notices of violations because there were previous inspectors involved and then myself. So I basically started from scratch on the same pace with the notice of violations. The first with the compliance date of 08/08/2025. And this was the posting for hearing.
And here are the pictures of the work that was done. These were taken by the previous code inspector, which does show flooring, drywall, ceiling joists, more drywall, electrical. Again, more joists, more electrical. That's also flooring there. More electrical.
More drywall. And then we have this, which would be structural with the wood. It's bricks that were coming off, but also the panel wood paneling behind that.
So everything's being remodeled?
Pretty much from the the pictures. Yes. Compliance could be met by obtaining and completing a permit. Recommendation for this case, requesting compliance by obtaining a permit on and before November 2025 and completing the permit on or before 04/24/2026. If the violation continues to exist, impose a fine of $150 per day each day that the violation continues to exist. And that's it.
So if you might come back forward and
it took them eight years to bring me here, can I get an eight year extension?
Sounds good. Hold your breath.
Appointment was already pulled on Monday, so that's been done already. They'll be coming out hopefully Friday to finish the permits. So it'll be completed and all finished up by then.
Okay.
If you wanna see the permit, I got it with me.
Yes, please. You know, I put it in? Objective.
Can you can we zoom in on the upper heading, Nicole? Or does it automatically just do that? Okay. There we go. 10/22.
Building electric and I requested one for the kitchen, and they told me since the kitchen cabinets were replaced, I didn't move any of the plumbing or electrical for the kitchen. You didn't need one for the kitchen cabinets. Because originally when I spoke, like, was it you I spoke to once before? I spoke to somebody once before and they said they wanted the kitchen, electrical, and drywall. That when I went down and spoke to them and said, no, you just need drywall electrical.
So, you permitted just for those two to build in in.
And electrical, yes. Correct. Because they have all the pictures already down and so on. Yeah. Building.
So you did an owner builder permit? Okay.
Yes. Thank
you for bringing that. Yeah. Appreciate it. Yeah.
Yeah. Made lots of copies too because I some people say you gotta give everybody a copy. I didn't know you had this nice little system here that you just lay it down and everybody reads if you have a high-tech air jet water.
Any other questions for you?
No, I'm just looking for a date on that. I don't see a date on it,
but it's
It's a
date. Maybe it's a permit. Oh, there it is. Issued 10/2005, so two days ago.
Yeah, two days ago, yeah. I don't have my glasses on, so I
can't Yeah, see I get it. Okay. Thank you for that.
You're welcome.
Any other questions for You want to go
ahead and
have a seat?
We'll all right.
Okay. Thank you for your time. Thank you. Do have a motion?
Were there any other questions?
Do want to take the motion?
Is there going be a declaration, or is there going to It's going to be
a first and second. First and second.
Move to find the respondent in violation of the code as referred to in the affidavit in this case.
Move a second. Second. All in favor? Aye. I
move to enter an order requiring the respondent to correct the violations on or before eleventwenty four?
Yes.
If the respondent does not comply by that date, the board may order a fine of $150 per day per violation for each day, each violation continues to exist. If fines and fees remain unpaid three months after such lien is filed, the city has authorized to foreclose, collect, or settle such lien.
So.
All in favor? Aye. Motion passes. Thank
you. Thank you.
Thank you for your time to yourself.
Thank you, sir.
No. Just work with your inspector and make sure everything's
Yeah. Just stay in touch with a compliance. He
I do. Do you mind if I go grab him one?
No. Go ahead. Okay.
Thank you. Case number 120Eight-twenty5, respond find respondents, Carolee Windows and Doors LLC at 1165 Eldridge in violation of code for permits and issue no order. Is there anybody here to speak on that? Yes, sir. Okay. You can come and state your name and address and affiliation.
Hi. My name is Clint Morell. I'm an attorney with Becker and Polyakov. We represent, Corolli Windows and Doors LLC. My address is 3909 West Impedrado Street, Tampa, Florida 33629.
And does your client admit or deny the claim?
We admit that there were, modifications to the fence, without a permit.
Okay. You'll have a seat for a second. We'll go back up.
Hey. Good afternoon, board. It's cap my name is Captain Reese, code inspector for the city of Clearwater. This is reference 1165 Eldridge Street, case number 12825. This also will be for about one violation for permits required, section four dash two zero three dot a dot one. No person shall commence any construction, demolition, modification, or ratification of a building or structure without first obtaining a building permit. Specifically for this case, it it will be for the fence. Okay. Again, I did give multiple notice of violations since this is a very old case as well. With the compliance date of 08/08/2025.
I did get us certified from the previous inspector assigned green card at on 10/22/2019 and I also did posted a property on 10/08/2025. So just to give you some reference here, this is where the business is located, which would be just East of South MLK. And I believe this is the train tracks right here. I'm not sure. This is a posting for the hearing.
So I know you may want me to go back and forth a lot these pictures. So, just raise your hand if you want me to flip back and forth, okay? This is a Google photo from 2019. This is the side that faces Eldridge Street. And this is a Google photo from 2025, same site.
And these are pictures I've highlighted all the new posts that you can clearly tell from the Google photos that have clearly changed, as well as the bollards that were installed. And those are the bollards as well on Eldridge. This side is the side on Missouri Avenue from 2019. This is the side of Missouri Avenue in 2025, also showing a new post. So yes, there has been maintenance on a lot of this side, but the changing of post does require permit.
This is just a little angle that you could see from Eldridge. This would be Maple Street side in 2009. They didn't have anything, you know, earlier than that to show. And this is from 2022. So again, there's bollards on that side as well.
Two different sets of them. And this is the front of the property right where their entrance is on Eldridge. And this is all all these pictures here are from today. And keep in mind, this photo here, as you can see, they have a keypad. I did get to witness that they are electrical, so it opens automatically.
Same as that one.
Sorry. Can I query that? You mentioned electrical. I'm not sure what it is that you're communicating about that, whether there's electrical
That there's a clear change, complete change to the fence. It's not beyond maintenance is my point.
Okay. Are you inferring or saying that electrical was added or electrical was done?
Yes. It was manual gates back in
Changed June '20 from manual to electrical. So there's electrical
Correct.
Work involved. Right. Okay. Alright. Thank you for that.
No problem. And there you can see again another keypad and the tracks down on on the ground there. Compliance can be met by obtaining and completing a permit. This is for violations permits required, requesting compliance on or before November 24 to obtain a permit and completing the permit on or before April 24. Correction on that, it is 2026. Sorry about that. If the violation continues to exist, then close a fine of $150 per day each day that the violation continues to exist.
Thank you. Yeah, if you want to come back forward. Mr. Klinick.
Thank you for your time. So this fence has been in place, a chain link fence has been in place at the property for quite some time. Upon receiving these notices, my client believed that the fence was grandfathered. I've since communicated with Ms. Reese and explained that due to the modifications that have been made, there needs to be a permit application, so that permit will be applied for. There is gonna need to be a survey obtained of the property, so I would request a little bit more additional time than thirty days, perhaps sixty days, but there is an intent to bring the property to compliance.
Thank you. Board, questions?
Comment based on experience, survey will be required. But I'm good with sixty days.
Mr. Chair, if I may, I think the recommendation was far greater than that. You what was your deadline?
Permit for
obtaining the permit itself, because I don't want to not include the completion of a permit, because then we go through this vicious cycle of people obtaining permits, not getting final inspections. So the completion date, I am asking of 04/24/2026.
Well, I mean, if it the work is already done, there may have to be based on code, there may have to be some changes made, but that's Right.
This will be an after the It
says requesting compliance on or before November 24. That's, you know, two days from now.
Just to get the permit, though.
Just to get the permit. Right. Right. But in order to get the permit You need the survey. You've got the survey and then the application and the approval and issuance. So that's I can understand why the owner's representative is asking for sixty days. It's not unreasonable to Okay.
Already spoken.
Anybody else?
We don't have an objection to that, right?
I do not have an objection.
I'm sorry. I'm sorry.
I should have asked. Just
to clarify, then to complete the permit, there's additional Do
we have a motion?
I move to find the respondent in violation of the code as referred to in the affidavit in this case.
Do we
have a second? Second.
All in favor?
Aye. I move to enter an order requiring the respondent to correct the violations on or before what's the date? Want thirty days on top of that? December 24?
It would be December 24.
12/24/2025. 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 fines and fees remain unpaid three months after such lien is filed, the city's authorized foreclosed collectors settle such lien.
Second. All in favor?
Aye. Thank you. Thank you.
Thank you, sir. Thank you.
Okay. So case number 120Nine-twenty5 and case number 100Thirty-twenty5 are both withdrawn. So we have case 130One-twenty5. Find the respondents K at Clearwater Beach Condo Association 622 Mandalay Avenue in violation for permits. Is there anyone here to speak on that? Yes. If you could come forward to the give us your name and address and affiliation with the property.
Good afternoon. My name is Susan Kim. 62 Meadowlay Avenue, Clearwater Beach, 33767.
Do you admit or deny the violation?
Denied because it has been happened before I purchased that property. It was six years ago.
Wow. Okay. If you'll have a seat for just a moment, we're gonna have you speak but we're gonna have to explain it first and then I'll have you speak in reference to it. Thank you.
Good afternoon, board. This is Catherine Reese, code inspector for the city of Clearwater. This is for 622 Mandalay Avenue, case number 13125. One violation for this property is permits generally, excuse me, permits required 4Dash203Dot8Dot1. No person shall commence any construction, demolition modification or ratification of a building or structure without first obtaining a building permit.
I have given notices, the three notices for this property with compliance date of 05/20/2025. Did have from the previous inspector assigned green card on 04/09/2024. And this is a picture of just an aerial shot of the property. This is Mandalay Avenue right here and this would be Hillwood to give you a better understanding of the photos. So this is facing Hillwood and this is the only area that we are questioning today. The rest of this, as you can see, was withdrawn because she did come in compliance. So this
I'm sorry. Could you be more specific about the this
So this whole building, this area here has a 622 Mandalay address even though it's on Hillwood because it's connecting to her 620 and 618 going south on Mandalay.
Okay. Thank you.
You're welcome. And this is a Google photo in April 2014 on the Healwood side and what it used to look like. And this is from March 2025. This is a picture of the concrete that was laid out to get rid of the divider between the garages. This is a corner shot from Mandalay to show you the pavers that are there.
This is from October 16, the other day when I went because I've been there quite a few times for multiple reasons. And this is another picture on the heel wood side. And this is as of today. As well as this. I know the deck is different. That is permitted thankfully. So.
Okay. Good.
And this is that angle. I also would like to add that I have spoken to miss Kim on multiple occasions. She has come into our office. Has been explained what is required of her. And she also spoke with Ray Dress who is our engineer specialist.
Because this is the beach, a lot has to be considered especially the beach by design. If you'd like explanation of that, I will have mister Dress come up. I'm that is not my expertise at all. But nonetheless, there are codes for the beach to have certain amount of landscaping. Compliance can be met by obtaining and completing out a permit or remove pavers and concrete slab and bring it back to its original state.
Okay and this is again for permits permits required violation, requesting compliance date of obtaining a permit on or before 11/24/2025 and completion of permit by 04/24/2026. If the violation continues to exist, impose a fine of $150 per day each day that the violation continues to exist.
I want to solve the problem, and we're to building permit application and denied it because of before we had the email continue with my attorney and Mr. Green, and that if we have a new survey and the ISR form, and we can apply the permit. And we did all prepared, and then we went to the building department, and they denied it because of a need of general contractor. And before, they said to us, without general contractor, if we have new survey and ISR form, then we can do it. We're trying to save thousands of dollars from contractor.
And the contractor, I contact about five or six of them, they are not interested at all because it's already existing pavers on it. So and then it's hard to find the contractor because they try to get $3,000 or thousands of, you know, dollars. But here, the pavers we took it out, the existing pavers here and planted it and on the side, and the car is parking on the driveway. And then when people step out of the car, and that they have to step on the dirt, and then nobody want to, you know, step on the dirt, especially women's. And the men who have nice shoes, they don't want to step on it.
So it's a pavers. And also I did here this area I did a plant too. So this area is entry area. And the entry area, if you take it out the paper and put the dirt on it, you have to walk on the dirt. Because from the entry area. So that is we need to try to get the permit, but contractor, they are not interested in because pavers already existing and all work done, and so
So you are in the area of what's called beach by design, so there are other rules that you'll have to know to be in compliance with, not just putting pavers over and cement over. So that's going to be a part that you're going to have to sort of navigate through so that you can have people walking there and have plants where you need to have plants. Yes. It's designed as part
of Right on the front end.
Otherwise, that's part of your permit process, and that's why we have permits, so you do the right thing.
This is true, and I might offer, too, that if she is trying to figure out a solution, she can also meet with the building department in terms of what she can do and what she can't do so that she can apply
for
a permit to find something that it that will comply that can be done. As far as your contractor issues, we can't help you with that.
I I do appreciate her communication. I I do ask that's really all I ask most of the time. However, this has been going on for quite some time. The process has been explained to her on multiple occasions. I have personally spoken to about six different contractors on her behalf so they can have an understanding of what needs to be done. At this point, we just need something solid. You know, I'd like to continue to work with her during the process. Whoever she needs to speak to, I'm happy to guide her in the right direction, but we just need a solid date to get this in compliance.
Makes sense.
None of the contractors were interested at all that you spoke with?
The ones that I've spoke to said she's better off just removing the pavers. And the last time I spoke to Ms. Kim, that is what she had advised me she was going to do, which we wouldn't be here if that did occur.
Okay. Thank you. Well, would be one way to get into compliance. You know, it's the quickest sort out, whether it's Annette, if she wants to do something
Well, she can
do she can figure out something out. I know.
I was think about that. That's where
I am.
The primary issue would be compliance, you know, to avoid the Board?
Do we have a motion?
We need to do
a first motion to do it. No. No, I move to find the
Is there a first motion? Yes.
I move to find the respondent in violation of the code as referred to and affidavit in this case.
Second. All in favor? Aye. I
moved in an order requiring the respondent to correct the violations on or before 11/24. If the respondent does not comply by that date, the board may order a fine of $150 per day per violation for each day, each violation continues to exist. If fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect, or settle such lien.
Second. All in favor? Aye. Thank
you. If you work with your inspector, you'll find a solution. Thank
you, miss Campbell. Thank
Moving on to case number
It's old business items now. Yes.
Case number 132Dash25 is continued. Yes. Moving on to old business. Would you like old business? Can I lump all the 5.1s together? Yes. Looking for an affidavit of compliance on case 70Two-twenty4, Case 100Fourteen-twenty4, Case 40Nine-twenty5, Case 50Five-twenty5, Case 100Five-twenty5. Can I have an affidavit of compliance? A motion?
Yes. I move to accept the affidavits of compliance as listed.
Second. All in favor? Aye. Motion passes. Thank you. Case number 30Eight-twenty5, accept the affidavits of noncompliance for respondents DeOlo Partners LLC at 39 Turner. I guess we just will accept it. We don't need to see it. Yeah. Do we have do we have an affidavit of noncomplaints?
Somebody else want read?
I take
it. Affidavit of noncompliance.
I move to accept the affidavit of noncompliance and issue an order of the deploys fines and states that fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect, or settle such liens.
Second. All in favor?
Aye. Motion passes. Case number 43Dash25, accept the affidavits of noncompliance for respondents William R. Black at 200390 for abandoned building. Anybody here to speak on that? Do we have an affidavit for noncompliance? You want to take that one? Mr. Rick, I'll take this one. Affidavit of noncompliance?
I move to accept the affidavit of noncompliance and issue an order that imposes fines and states that fines and fees remain unpaid three months after such lien is filed. The city is authorized to foreclose, collect, or settle such lien.
Got a second.
We got a second.
All in favor? Aye. Motion passes. Case number 52Dash25, accept the affidavit of noncompliance for respondents, Gonzalo Diaz and Selena Diaz at 112 Brownell Street for short term rental and business tax receipts. Is anybody here to speak on that? If you could come forward, sir, and state your name and address.
Good afternoon. My name is Gonzalo Diaz.
And your address?
1122 Brunel Street, Clearwater.
All right. Thank you. Do you admit, I guess? Do we still do the admit on this one since it's in compliance?
It's just an affidavit of my complaint. To
explain Right why.
Now you're showing a noncompliance with it.
Is there
anything that's
changed? I just received a letter. You know, this letter, I guess, Mr. Stephen, you send to the property. I received it last Wednesday for the lady who cleaned. I wasn't sure that my quote exist about short term. I just live far away from here. So I just got a property management who deal with all this. He's told me I have to come here with my wife and I don't know. The the house, just to let you know, it's just for sale since the last forty forty five days.
It's pending right now for the closing in November 19. I wasn't sure once again, you know, about the call for the short term until last Wednesday. I have a proof in here that they sent me the letters and and everything. I don't know if they can take a look
here. It was Wednesday, October. And the letter was received once again for the people who cleaned the house, you know, and and they send a screenshot to me. So I don't know if there's anything to add on it. So anything else that you need to add? No. No. Okay. Have
you applied for your business tax? No.
I decided to sell the house.
Yeah. November Okay. November 19, it closes, you said. Right?
Yeah. Correct. Yeah. It's pending right now. It's pending
right Is
it is it currently rented?
I'm sorry?
Is it currently rented?
No. Not at all.
It's good.
So, I'm just kind of thinking through this You can
set it for a status if you want. You you can, have your options of whatever you want to do with this one.
Well, it's, this is for short term Rillon BTR, and that's being sold, but if it's already in violation, then maybe we'll have Inspector Stevens and get some data.
I mean, I would continue it to see, make sure everything is gone and you're, you know, they're in compliance, because compliance occurs if you no longer have the issue, right?
Right. The next Board meeting will be after the Yeah. So sale if we continue to the next Board meeting, we're fine.
We can accept the affidavit of noncompliance at that time if something has changed.
Yeah. Sounds good to me.
Okay. So, want to make a motion consistent to that.
I move to forward the date for the affidavit of non compliance to next month's meeting on eleventwenty fourtwenty And revisit at that time.
Do we have
a second?
It's after Thanksgiving.
Do we have a second?
Second? Oh, second. Second.
All in favor?
Aye. Thank you.
Okay, of course.
That will happen after you sell it. I'm sorry. That happens after you sell it, so you're good.
We're just verifying that it's sold at the next meeting. If it's sold, then they can go ahead and dispose of this.
Oh, will be another meeting?
You'll get another meeting notice. Yes.
One more meeting.
But if it's sold, you don't need
to be.
I will just pay attention for the letter, sir. Once again, I don't I've received those letters because usually the
people who If it's sold,
you don't
need to be part
of that lineup. I a question about that, though. I know from experience that the county is very slow in recording new buyer ownership on there, and so that may not
Yeah, we would need change prior to that. So some The inspector needs to be in touch with and verify that that has occurred. Okay. So you have documentation that we can present you.
Moving on to case number 50Three-twenty5, accept the affidavits of noncompliance respondents, Clearwater Angler LLC at 607 North Myrtle Avenue for signed maintenance. Anybody here speak on that? No. Nobody? No. So do we go ahead and accept it?
I move to accept the updated of noncompliance and issue an order that imposes fines and states that 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. And now we're moving into other board action 6.1.
Chair, we would like to just move that to after the due since abatement lien so that we don't have to have all the inspectors here.
Okay. Good.
Unless they want to be here. All
right. We're moving now to after the okay. So case number one six zero dash two five, accept the nuisance abatement lien for respondents Michael Pluckett at 205 South San Remo Avenue. Is there anybody here to speak on that?
Hi. Vicky Seth with the City of Clearwater Code Compliance Inspector. This is for 205 South San Remo Avenue. This is case number 160Dash25. There's one violation here for overgrowth. Code section three dash one five zero three b seven b eight b 10, and b five a. Notice of violation was posted and mailed on 09/2925 with a compliance date of 10/09/2025. Certified mail receipt was not received. It was returned unclaimed. This is a picture of the posting on 09/29. Picture of the front yard on 09/29.
Again, on
10/15/2025, nothing had been done there. And then this morning Wow. At 08:00 this morning, it was still overgrown. Compliance will be met for the black clearing by clearing all trash debris and overgrowth from the property. Requesting compliance five days after the Board renders its order. Any questions? Inspector, is there anyone living there? I don't think that he is anymore. He's lived there for a long time, but I have not seen him in several months, and I mean, I know there's no water or anything in the house.
Yeah, it looks abandoned by the pictures.
Well, there's a lot of cases on it already and unsafe cases. It's not even a livable home at this point, but.
I see. Thank you. Do we have
the motion for the nuisance taken?
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 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. If cost, fines and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect, or settle such lien.
Second. Okay, a second. All in favor? Aye. Thank you. Motion passes. Case number 160One-twenty5, Accept the nuisance abatement lien and respondents Kathy Carroll at 1910 Union Street for lot clearing and operative vehicles. Anybody here? Yes, not that. Mister Gadsden?
Give it a second. Alright. Let's go. Good afternoon, Gadsden. I'm David Gadsden, code enforcement inspector for the city of Clearwater. This is case number 161Dash25 from 1910 Union Street. It's a nuisance abatement. There are two violations here for code section three dash 15 o three b seven b five for lot clearing and code section three Dash15O3B6 for an operative vehicle. It is the date some notice of violation was sent out in compliance date and the FDA posting was done the same day. This is 1910 Union Street. I got a complaint from the neighbor about the rear yard. A lot going out there.
Lot of
overgrowth, a lot of items.
A lot of jungle.
The RV showed up with no license plate at this property as well. This is the day of the posting on the second. The RV and the they did do a little bit of grass cutting, but there's a lot of stuff hidden in tall grass, engines, washers, dryers, all sorts of stuff.
Change the ways.
So this was after the compliance date. The property was still in the same shape along with the RV. And then I went by this morning. Some stuff has migrated up front, and the rear still needs some maintenance. So it's at least Appliance meant for lot clearing by mowing the lawn and removing all trash and debris from the grounds of the property.
Appliance meant for the inoperative vehicle by ensuring all vehicles at the home are roadworthy and registered or removing all inoperative vehicles from the premises. For this one, we're breaking down in two different asks for the recommendation. Recommendation. For For the the inoperative vehicle, we're asking for compliance on or before 11/01/2025 or a $150 a day fine. And then for the lot clearing, requesting compliance on or before five days from the date before it renders its order.
Five days would be
I don't think you can do the first one. It's a regular you have to do a regular notice for that.
I mean,
I'll defer to you guys what you think, because you have to defend it if
I'm not sure what the question is.
Well, first one is it's not a normal violation that's come before them. With the notice of hearing to be heard, this is done as a nuisance. You all are comfortable with it, that's fine, but I would think it would go under our normal Rebecca
Code, compliance manager. So our interpretation is that it's still a nuisance violation. We're just choosing to impose a fine rather than, look to abate.
Okay. It's
on the record.
Can I have a nuisance abatement? I
mean, I'd have to, I guess, look at the actual notice to see if I agree or disagree. But normally, if the council for the board is advising against something, then we normally go along with that. We can continue it. I don't know that I necessarily want to move forward with something that he's saying is objectionable.
Well, rather
I don't want my board doing something that, you know, is out of the norm.
Board, should we do a continuance just to give them time?
Just to the first one, not to this, obviously.
Correct. If there's a question, can we, we would request that we move forward with the lot clearing and then postpone the, in off.
Yes. I ask you a question? I'm I'm confused about what it is you're concerned about.
Well, you're this is under a nuisance abatement notice as opposed to a regular code violation. Okay. So this is not the same kind of notice that we would do under a normal code case. It's not the same procedure. Okay. And if I'm the individual, hypothetically, and I'm getting a nuisance abatement notice versus a code violation, one puts me on notice to do one thing, the other puts me on notice to do something else. I may or may not show up, so it's a due process issue.
Okay. So
may I have what I'd like is a motion for the inoperative of the vehicle to be continued to next I
move make a motion that the violation the
Hang on second. So, but we're not continuing the nuisance abatement part
No, of on the Lottery
we're not. In fact,
where we are.
What might be simpler is if the city agrees to just withdraw the first one because it's a fine versus a abatement. Right? Right. We're gonna abate the second one. Right. So if they withdraw the first one next month. And bring it back, that's fine, when we could just do the second one.
I mean, the other way you could do it is just come back next month, get the first one out of the way, and then do the abatement all at once.
I mean, if you want, so if you want this to be abated, that's fine, Just can't find. So if you wanna leave it as and you're asking them to abate a nuisance, that's fine. You're asking them to find them.
Related to the lot clearing, we can move forward and postpone the in
off. Okay.
So the board order would only be in reference to the lot clearing of the property, not removing an abandoned vehicle from the property.
Do we put a
date the Or in offable, sorry.
Do we put a date on postponement, thirty days?
Nicole, that's fine. Nicole, do we We put a date on that
were just talking about that.
Because of my noticing requirements for the other type cases, this wouldn't be
able to be heard until December. I've already noticed for the November hearing.
So should we just say postpone?
It's got to be re noticed. I would ask the city to just withdraw and then just stop before you.
Do we make emotional matters as the city do that?
If the city withdraws it, then we're done. It's just a question of whether or not they're going to withdraw it.
So we're asking the city if we withdraw it.
Yeah. We'll withdraw it, and we'll check the notices, and we'll you know, if we can re notice and come back next month or in December, then we'll do that. But we'll double check the notice. The concern is duly noted, and we'll withdraw that.
And we're going to make our motion on the lot clearing.
Yes, please.
Yes. Thank you.
All
right. I move to enter an order finding the respondent in violation of the code regarding the lot clearing, 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 reasonable cost, which will become a lien on the property. If cost, fines, and fees remain unpaid three months after such lien is filed, the city has authorized to foreclose, collect, or settle such liens.
Second. May I have a second?
Second. All in favor?
Aye. Motion passes. Thank you.
Thank you.
Case number 160Four-twenty5, accepted a nuisance abatement lien for respondents AP Beach Properties LLC at 405 Coronado Drive for lot clearing, initial order of compliance, deadline and authorizes city to mitigate compliance. Did
you guys skip
7.31755 Sunset?
Yeah, I did.
Oh, okay.
I did personally. Case number 162Dash25, accept the nuisance abatement lien for Karen Freeze and Daniel Freeze at 1755 Sunset Point Road for a lot clearing. Thank you.
Inspector for the city of Clearwater. It's case number one sixty two dash twenty five for 1755 Sunset Point Road. It's a nuisance abatement. There are two violations here for code section three dash 15 o three b seven b eight for a lot clearing, code section three Dash15 o 3 b six for an operative vehicle. Use of dates and notice of violation was sent out. Compliance date and the affidavit of posting. This came as a complaint from neighbors, 1755 Sunset Point. The grass very high. It's even grown up through the paver driveway. It's overgrown a little bit along the sidewalk as well.
I noticed a truck parked in the grass adjacent to the driveway, and the vehicle sticker has been expired for nearly a year. This is the date of the posting on the September 25. Still same issues overgrown. Hold on. There we go.
Give me a second. And then this was from today. I have spoken with the owner. Hopefully, that way, we'll be able to take care of these issues, and we will not have to abate.
That's kind of ironic that his truck's parked on the grass, but, yeah, he's got pavers for
a driveway.
I couldn't speak to the wisdom of it.
I'll tell you why.
All I'm asking is the vehicle that displays the current tag.
I'll tell you why. Why? Because it's a it's a drive in, drive out driveway, and if the truck's on the on the pavers, you can only go in and back out. You can't do the circular driveway. Okay.
Could be. Compliance will be met for lot clearing by mowing the lawn driveway and edging the curb and sidewalk. And compliance will met for the operated vehicle by ensuring all vehicles at the home are road weathering registered or removing all inoperative vehicles from the premises. We request compliance on or before five days from the date that the board renders its order, please.
I have a motion.
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 action, including entry onto the property to abate and maintain the nuisance and charge the respondent with reasonable costs, which will become a lien on the property. If cost, fines and fees remain unpaid for three months after such lien is filed. The city is authorized to foreclose, collect or settle such lien.
Second. Got a second. All in favor? Aye. Motion passes. Now on. Case 160Four-twenty5, accept the nuisance abatement lien. For respondents, AP Beach Properties LLC at 405 Coronado Drive.
Afternoon, Board. Kevin Mattox, Clearwater Code Inspector. Let me get to my PowerPoint here. 405 Coronado Drive, nuisance abatement. This is for case number 164Dash25.
Seems to be a little slow. One violation for code section fifteen oh three b seven, b eight, and b period five a for lot clearing overgrowth, overgrowth right of way, and accumulation of debris and trash. Notice of violation was mailed and posted on ninetwenty five. Blinds date of tensix. Certified mail was received but unsigned.
This is a very large parking lot in the middle of Coronado area, and as you look through here, it the the main issue for is parking, and on the weekends, the complaints from the neighbors is the huge group of beach crowds come through, park, trash is everywhere, and not cleaned up and not maintained at all. There is grass cutting that occurs, but, just to the point of making sure there's room enough for people to park. I took pictures from multiple locations and areas, but the large lot makes it difficult to understand how large this is. On this picture here where you can see my mouse, it is a small section across the street that is connected to this parcel, and originally that's what was brought up in the courtesy notice phase, which I was able to connect with a management company, they said, Yes, we would add this to our next mowing schedule in the next five to seven days. That never happened.
The growth, as you can see here, continues just to get deeper. This was approaching the height of the trash cans. Anywhere where it's not easy to mow, it was not taken care of. This is on October 6, and it continues just to get longer. And this was the sixth as well, getting a little bit longer.
On today's date, I went out and I almost can't see the trash can from across the street as the weeds grow up. The maintaining of the curb lines are not taken care of, and the section across the street was not touched. This also shows, looking across this very large parcel, just trash strewn throughout. There are trash cans. Some of them are overflowing.
Compliance can be met by cutting all grass and vegetation to include the curb line, sidewalk, and continuing to maintain it, removing all trash and debris, and continue to keep it clean. Recommendation is compliance five days after the Board renders its order.
Do I have a motion or questions?
Move to enter an order finding the respondent in violation of code and requiring the respondent to correct the violation 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 cost which will become a lien on the property. If cost, 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. Motion passes. Thank you. Case number 160Five-twenty5, accepting a new sub abatement lien for respondents, Clearwater Beach, BK Investors at 423 Mandalay Avenue for lot clearing. In order of issue. Good night.
Good afternoon, Board. Kevin Mattox again, Code Compliance Inspector for City of Clearwater, case number 160Five-twenty5. Still slow. One violation for Code Section fifteen oh three(five) accumulation of trash and debris. This was called in by the neighbors.
The notice of violation was sent out on the October 10, compliance date by the October 17. Green card was not received back. It was sent out. This is where the it's I don't know how to say this bank, but Truist Truist. Bank.
I'm from Arizona, so it's not common for me. This is the front of the building. This is where it was posted. The address is on Mandalay, but the posting is where entrance to the parking lot and entrance to the bank, which is on the backside, was a place where it could be seen. In the back corner of this parcel and away from the bank, but still on the parcel, the complaint called in that all of these this trash and pallets are stacking up and continue to stack up and never get addressed, causing rat problems and other pests.
It backs up to three different businesses from the Mandalay backside, but the parcel belongs to the bank. On the day that I went in, I did notify the bank in person. I got ahold of an assistant manager. I brought her out, and I showed her the problem, and that was the last interaction I had with the bank. This was on the seventeenth.
This is the bank, and it continues to still stay in the same state. Today's date, this is the bank, and you can see there's a pallet out here on this back street as well as the pallets all behind this area in this corner. Compliance can be met by removing all trash and debris and continue to keep it clean and requesting compliance five days after the board renders its order.
Inspector, when you had your interaction with the manager, did she happen to tell you why all those pallets are stacked after?
I don't think she she said, This is my first day.
A It's
a dumbbell route. And I gave her my card, she gave me her card, and I didn't hear anything after that.
Yeah. It's a great place for contractors, whoever to dump their pallets
That's and not pull them amazing, especially on Mandalay.
Yeah. Well, it's back behind. Yeah,
I know that bank over there.
Well, there's
everybody else is down there. Why don't we?
Nuisance abatement lien, are we ready?
Yeah. Somebody else take
your 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 onto the property to abate and maintain the nuisance and change, or charge the respondent with the reasonable cost which will become a lien on the property. If cost, fines and fees remain unpaid three months after such lien is filed, the city authorized to foreclose, collect, or settle such lien.
Do we
have a second?
Second.
All in favor? Aye. Motion passes. Thank you. Case number 160Six-twenty5, accept the affidavit Accept the nuisance abatement lien. For respondents, Mary Johnson, EST at 950 Lantana Avenue for lot clearing.
Good afternoon, board. Kevin Mattox, code compliance inspector for the city of Clearwater. This is case number 166Dash25. Number of violations, one violation for 15 o three b seven, b eight, and b five eight, overgrowth right of way overgrowth and accumulation of debris and trash. Notice of violation was mailed and posted on the September 15.
The compliance date was the September 25, which did not happen. The certified mail was received unsigned. This is the lot where it was posted on the fifteenth, and it's very long. I didn't even need a cone. I'm pretty sure you can see how long that is.
On the twenty fifth as well. This is a lot that sits where the house used to be before it was demolished and then left in this state. The twenty second, it remained unchanged but just a little bit longer, which is today. Compliance can be met for lot clearing by cutting all grass, vegetation, including the curb line, sidewalk, and continuing to maintain it, removing all trash and debris, and continuing to keep it clean. Requesting compliance five days after the Board renders its order.
Any questions? This is abatement lien. You got it.
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.
Second. I'm not done yet.
The longest This is the longest one we have.
Interrupting my motion here.
It's a long Since 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 cost, which will become a lien on the property. If cost, fines, and fees remain unpaid three months after such lien is filed, the city is authorized to foreclose, collect, or settle such lien.
Is it done? Just a second.
All in favor? Second.
All right. Motion passes. Now we're moving back to 6.1.
Nicole? Yes,
Chair, we have two proposed changes. This is both by staff and the city. The first one is an article six order of business. We're recommending that you remove citizens to be heard on items not on the agenda. That's in conformity with what the city commission is doing.
And also, frankly, there's no need for any issue to be brought before you that's not on the agenda. I believe a couple weeks a couple meetings ago, we had someone come up and just rant and rave on something that wasn't relevant to you. You give the opportunity for the public to speak on every matter that comes before you, and those are the only things that are relevant before you. So we recommend that that be removed, if you want to consider that first before we get to the next one, which is a little more detailed.
So what is our action on that to
Accept it as you
Make a motion to remove that citizens to be heard from your rules, and we will take care of that, renumber your rules of procedure.
Can somebody make a motion to?
I make a motion for the agenda, the historic and typical agenda item of citizens to be heard regarding items not on the agenda be removed for our activity and our meetings.
Do I have a second? Second. All in favor? Aye. Motion passes.
The second one is under Section nine, and there's actually some additional change to this language since this was printed, but in essence what this allows the city, because you know we bring these cases before you for fine reductions, some of these from a timing perspective become a little difficult because of when we have your meetings and the notice. This is really allowing the city, when there is a purchase of the real property, to deal directly on the settlement agreements that you've seen before. And with this, suggestions of, payment of 10% of the outstanding code enforcement fine, or $1,500 whichever is greater, in order to satisfy the outstanding code enforcement lien. This can only occur if the new purchaser of the real property has never owned the property, so they're not doing what we call a straw man type of thing, where I sell my property to you, and then you sell it back to me, and I get to be able to reduce my fine by doing that. So that eliminates that issue, that they have to, maintain ownership of the property from twelve month for twelve months, possibly a hold harmless if the city requires it.
The additional provision in there is, allowing, the time period of the ten days to occur, after the closing has occurred, which I believe the closing is within ninety days, right, if the notification Mr. Simpson can expand on this.
Yeah, thank you. We've Rebecca and I were discussing this, and really where this comes is somebody is trying to buy the property, closing is quick, you know, short time frames. They need the lien to be settled so they can take over the property and then fix everything. So, we want to encourage these transactions just for these properties that are lingering, allow flippers and developers, whoever. We don't really have an interest in that.
Our only interest is getting these properties fixed up and improved. So we'd like to be able to have the board just delegate that authority to us if it meets these requirements. And so, it's 10% of the lien or $1,500 whichever is greater. So we would always get at least $1,500 to cover our costs for making these cases. And then in the event that it was greater than that, we would get 10%.
And then they would have ninety days from the date that it closes to bring everything into compliance. And assuming that that happens, we give them notice of compliance that effectuates the reduction. Then they have ten days from there to make payment. And then that would settle everything out. We bring these stipulation agreements to the board now, but usually, you know, it's a lot slower than what these buyers would like.
We'd like to have the flexibility. We also think that with 10%, may the board may be inclined to go lower. In fact, you have, on many occasions, gone lower than 10%. We think that if we give an administrative process to where it's like, you don't have to come to the board, You can agree to 10% today. It might incentivize some of these folks to go ahead and pay a little bit more than coming to the board and giving all the whole history of what's going on to try get less than that.
Of course, they're always entitled to that still. So, if they don't want to pay the 10% because they have a financial hardship or some other reason why they want to go lower, they want to come and make their case, they'd still be allowed to do that. And then the way the council for the board has drafted it, the city also has the discretion to not enter into one of these agreements if for some reason we don't feel like it's appropriate for whatever reason, in which case we would just push these to the Board for review, just like any other lien reduction you would see. So that's it. We're just asking for a delegation of the authority to execute these stipulation agreements as long as they are a bona fide purchaser, they are willing to pay 10%, they get it fixed in ninety days, and then they can pay within ten.
And it I mean, again, you're getting compliance, which is your main goal here, and you're not having to deal with the administrative part of it, which the city has to do anyway, and it's kind of a delay. Even when we bring it before you, we've seen people go, well, when can I pay? Well, we still have to get the order, we have to do this, we have to do that. So this is much quicker and it gets things done. I really think that the part of having to own the property for twelve months avoids people that are trying to flip property
to do this. Agreed. My main question would have to do with, number one was, do they have the option to come still have the option to come before the Board? And you answered that. But I'm reminded of a case I had several years ago as a contractor where an investor was looking at buying a property that got a stop work order, and there had been fines accruing to the tune of, I think it was 616,000, you know?
And so 10% of that is still $61,000 And so you may, you know, in a rare case, have one where the owner wants to close and the buyer wants to close, but they're not gonna to accept that, you know. So a lower percentage could work in that case, or they could just come before the Board. But I think, know, by and large, with most of them we've seen, it's not a it's a no brainer.
Do we have an agreement to make a motion on this?
So we never see these cases, then you just enact that?
Assuming that the parties assuming that the board adopts the rule that we did the the rule that was presented that we did staff requested a friendly amendment to remove the twelve month. That's, I guess, a point of conversation still in terms of what exactly the Board will be adopting today. If you could see what's on the highlighter or what's highlighted on the board there, we're recommending to remove the twelve month requirement and to replace it with bringing the property into compliance within ninety days. From from the staff perspective, don't really have a concern if the person lives there or they don't or if it's just someone flipping the property and trying to make money. We don't really have any concern either way.
Our main concern is having them bring the property into compliance within a tight timeframe in order to get the reduction.
So can we add that language into Yes, this
you could just the maker of the motion could just say that they accept the amendment suggested by the city.
Well, have
a That makes sense.
I mean,
I don't own properties more than six months when I flip them, so. And I make them pretty. Make them pretty, very pretty.
We don't want to in fact, we want to encourage people if the flippers are the ones that are going to fix it
Yeah.
Then that's great. That's what we'd like. So and if assuming that the bona fide purchaser would be the person that would be asking for this, assuming that they agreed to this, to the 10% and fixing it within ninety days of closing, then it would not come before the Board. That's kind of the whole point is we would agree with them. We would enter into a stipulation. We have the authority to do it under the rules. And we sign it. They're off to the races, and they can get
it fixed. Streamlines the process.
Right. And if for some reason they don't agree, like, for example, they don't want to pay 10% because it's it's very high, for the example he brought up, then, you know, it just comes to the Board like normal.
Did I hear you say something about brought into compliance within ninety days?
That's what our friendly amendment that is we've essentially within ninety days of the bona fide purchaser closing and taking ownership, they have to have everything in compliance. Then the lien will be reduced. They have ten days to pay. Once that happens, we file the paperwork and the clerk files the release and the lien goes away. It never comes to the board. If for some reason they don't get into compliance within ninety days, or they do but then they don't make payment within ten days, those are issues that we would probably then bring to the board for clarification.
That was my question because, you know, if you take a couple of cases we 've seen back over the years, whether a house is storm damaged or the roof has collapsed, now it's going to have to have engineer drawings,
and then it's going to have
to find a contractor, he's going take bids, he's got to pull a permit, then he's got to do all the work. Ninety days is not If real that's the case, if it's just coming to the Board and they need more time,
I'm great. Yeah, we would just bring those to the Board. We're asking for a very limited set of circumstances where we can do it on our own without the Board involved.
Got you. So we're passing looking Section nine with the friendly amendment. Yes. So can I have a motion to accept number nine with the friendly amendment?
I make a motion to accept item number nine with the friendly amendment.
Do we have a second?
Second. All in favor?
Aye. Motion passes. We are adjourned.
Thank you. You got to hit the We can't leave the there you go. Thank you. There we go. I feel much better. Thank
you. Okay.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.