Municipal Code Enforcement Board - Regular Meeting

Today's meeting of the Municipal Code Enforcement Board is called to order on 11/19/2025. 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, indivisible, with liberty and justice for all. Please be seated. Attendant of today's meeting are on the wall at the entrance of chambers.

Please remember to turn off your cell phones. The Municipal Code Enforcement Board consists of seven members who are appointed by the city council. We serve voluntarily. It is this board's intention to promote, protect, and improve the health, safety, and welfare of the citizens of Clearwater Clearwater by providing us equitable, effective, and inexpensive method of enforcing certain codes within the city. The board considers new business items in two parts. First, the violation and then affirmative relief. Formal rules of evidence do not apply. Each side is limited to fifteen minutes. The board may grant additional time. All proceedings will be conducted in a calm civil manner.

Individuals who conduct themselves otherwise will be asked to leave if necessary and will be escorted from the chambers. Now I ask all who plan to speak to rise and be sworn in by our clerk.

Do you swear affirms to tell

the truth about your testimony?

I do. Thank you.

Our first order of business is to review and approve the minutes of last month's meeting.

May I

have a motion to approve the minutes?

I have a motion to approve the minutes.

I have a second.

Second.

All in favor? Aye.

All opposed? The minutes are approved. The next is new items on our new business items. 3.1 on our agenda has been withdrawn. 3.2 on the agenda is continued from 10/22/2025.

Five respondents, Tego Ankar and Storm Allen Carr at 917 Pinellas Street in violation of code for short term rental and issue an order with a compliance deadline and fine if compliance is not met. Is there anyone here to speak on that? Will you please step forward to the microphone, please? Good afternoon. Will you state your name and address to the clerk, please?

My name is Chiaguan Carr. 917 Pinellas Street, Clearwater.

Storm Allen Carr. 917 Pinellas Street, Clearwater, Florida.

Good afternoon. Do you guys admit or deny the violation? Admit to it? Yeah. Okay. Can I have a first motion, please?

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

case. Second.

All in favor? Aye. All opposed? Motion approved. If you'll have a seat right there, I'm gonna let the city come up. Thank you. Inspector, you have the floor.

Good afternoon, board. John Stephens, co compliance inspector for the city of Clearwater. Again, this is case number 125Dash25 for 917PinellasStreet. This is actually a repeat violation case for short term, rental or excuse me, a legal short term rental. The notice of violation was mailed out on June 10, and, we received it back in the office, returned to sender on June 25.

So I went out on June 26 and actually posted the property. And this is a picture of the property here itself. You can see up here next to the door, that's my my posting of that notice. This property was previously found in violation by the Municipal Code Enforcement Board on 12/18/2024. And this is the order from that date, basically, finding them and and telling them that they had to stop the short term rental.

And then this is actually, the picture from the initial violation that started this whole case back in March or excuse me, May 2024. This should show you that on that date, you could actually ruin it for for one day. So they were in violation of the code at at that point. This is also where they obtained their business tax receipt, afterwards, and there is information on there that I'd say informs them about what we define as a short term rental and the initial that they will not, you know, basically partake in in doing short term rentals. The next slide here is actually on June 10 when I found the property again on Airbnb.

You can see here where I have highlighted that, I was able to select it for a two night minimum stay. This is on June 26 when I had to go back out there and post the property after receiving the mail back. Again, I could select it for a a two night minimum. And then this was on July 25. It was still set as a two night minimum. I ended up finally getting a hold of mister Allen Carr. Apparently, they actually live in a different state right now. His wife was going to school. There were some issues. They weren't getting notices and things of that nature.

So they were able to get everything taken care of now. So as of, well, nine '29 is when I actually got ahold of them, so excuse me, on that last section there because it was still set to to two nights there, but I was able to get ahold of them. We got everything worked out. And as of, yesterday's day, it is set for the minimum thirty one days now as required by our code. So compliance can be met for an illegal short term rental is by basically changing any rental listing on any website or platform, such as Airbnb, VRBO, booking.com, etcetera, to a minimum of thirty one days, which they've done.

So they basically brought that into compliance now. But with this being a rebate violation, they were already in, you know, violation. So since they now fixed that part of it, we're gonna ask for the one time fine is our recommendation, of a 500 fine. And I've had conversations with both Mr. And Mrs. Allen Card that should this occur again, then this is going to become a recurring fine. And they understand the all the

I can't think what word I want

to use right now, all the circumstances around that will qualify as that.

Inspector, were they in violation during the month of October?

Believe so.

You contacted them September 29, but did they continue through October?

It was actually October, like I said, I misspoke on the September thing. Got ahold of them in October.

October, okay. Thank you.

Board, do have any other questions for

the inspector?

Not at the moment.

All right, Mr. Stalincar? How did you guys get back into non compliance after you had already been before our board the first time.

I understand that. Actually, that was cut back. It was like on me. So we were planning on moving our family here, and then I actually got accepted to nursing school up in North Carolina, we delayed our stay. And then in desperation of trying to survive and not lose the house, we listed it like a couple days and it happened to be the window that and then when he reached back out and my husband, he got you, and he told me I had changed I thought it was '29, and then I changed it, and then he got back in touch with us, and I changed it to the 31, and I get that.

And so we've like tried to pursue other avenues until I've got seven more months of nursing school left, so we can even potentially like look at financial hardship and me being in school all week and different things. So and our kids up in North Carolina. So like, it was kind of like a, honestly, it was our fault and desperation of just trying not to

lose the house.

I understand. I understand. And I You're currently not residing at 9 We,

I'm in school up in North

Carolina. What is

your North Carolina address for our clerk?

That is 397 Hilltopper Court, Rutherfordton, North Carolina 2800139.

Okay, board do you have any?

And it's Unit 3, It's

an apartment.

Yeah. I do. Go ahead.

So you actually, you went online and changed the changed the listing time?

Yes. Okay. So it's currently, like, it's still, you can still find listed it on a turbo tenant for a longer stay. But the minimum requirement is thirty one days.

Okay. Let me let me clarify what I'm asking. What I'm asking is you it was it had been corrected before, and that at some point you changed the time on it to less than thirty days?

Less, yes. It was like a month, like, when we had been paying for it, And then the month of like, I think it was like May or June, we were like, I was no longer like able to work and my classes increased and my clinical. So we were like trying to get like maybe like a little bit of time just to be able to pay the mortgage to hold us over, and that was wrong on our part, too.

Okay. So if I'm understanding what you're telling me is you went online and changed it in an attempt to just rent it and get some money. Is that

the Yeah. Okay.

All right. Less than the thirty days?

Yeah.

Okay. Thank you. Appreciate that. So they're admitting the repeat violation?

Yes.

Okay. For financial hardships. And so we need to what? Read the first

We already

have found them in

Yeah, but that was the first but it wasn't for a repeat violation first motion. Oh, no. We need to read that one.

Okay. Yes, we do need to read that one.

Mr. Chairman, I move to find a response. I'm sorry. When did you start?

Oh, yeah, I guess we can go

ahead. No,

because it's the second motion. Yeah, move to find a respondent was in violation of the code as referred to in the affidavit in this case and has committed a repeat violation. Second.

All in favor? Aye. All opposed? That motion passes now. The floor is yours. I'm sorry. The

only consideration I have about this one is, I understand what equipment enforcement officer is asking for in terms of a fine, it would be $500 Part of me just questions what is a fair amount. I understand that it's a financial hardship case, I understand that it's a repeat violation, and so that's all I really have to say. Is that something worth considering, or is

it think so, yes, I do.

How was the 500 determined? Is that some calculation or just a

No. It's actually outlined in the state code what we can start charging repeat violations for, so that's the the minimum for, like, a repeat violation is the $500.

That's standard for a repeat. Okay.

And how many how long were they out of compliance?

It'll be in a total of a couple months. I'd have to count up exactly how many days or whatnot. But again, in speaking with them, then being forthright about it once I actually was actually able to get ahold of them and whatnot, giving them the benefit of the doubt is why I'm asking for the just the $500 fine for the initial.

Thank you. With the repeat violation, the city Thank you. With the repeat violation, the city can seek a fine from the date that the notice of violation went out up until it was brought in compliance for each and every day. So that for as long as the ad was on the internet, the city could be requesting $500 for each day that it was that that ad was on the on the internet. So we're not we're not asking for that. So I just want to make clear that is available for repeat violations, but that's not what's being requested right now.

That would be sixty plus days

at $500 a day

or $30 you're looking at.

On or about sixty days, right John? On or about?

Yeah, right around that.

Yes, sir, roughly.

Okay, thank you.

Board, do you have any recommendations for this one?

Well, the correct procedure for this, if there's a hardship, is it, we go ahead and do this motion, and then

Well that is if we

Reduction could be considered later.

Well that reduction would happen now, we would Before we do the motion? I believe so.

I think the motion's got to be done first. You can't negotiate before it's been imposed.

Can't do do a well, reduction. In

your rules, you say that you don't reduce repeat violations.

Oh, okay.

So just I want to let you know.

Okay. We can't do that.

There we go. Okay.

Rebecca Mulder, Code Compliance. I also wanted to let you know that you're asking about our lien reduction process, I think, is what you're the after the fact reduction. That process only happens if they don't pay the fine and then the fine becomes a lien on the property. If So they chose not to pay it within that time given, then it would become a lien on the property, and then they would come before us to request a hardship or a reduction.

And I would add to that, that normally that happens when they're not in compliance, and after the deadline that you impose, and the fine accrues to a certain amount, and now we're coming back to try to reduce it down to something that they can pay. Here, they're in compliance. So we're just talking about what the fine would be, what they would pay. So there's not really a negotiation that's happening. This is just the board deciding what's appropriate.

Okay. All right.

Mr. And Ms. Alencar, do you have any questions?

No, this is all kind of new from the I think the only thing I was, when he did get ahold of us, obviously, that's not that was on us. But, like, the notice where we didn't receive right away is, because we weren't there and it was not occupied even though it was under like it was. It still wasn't rented out. So we didn't know the notice was there until, like, sometime after. But, when we did find it, Thiago did get in touch with John and we figured out what I mean, we knew, but that was why we didn't deal with it initially when we first got the notice because we didn't know the notice was on the door.

When you live out of town, that's something you really have to stay open.

We learned a lot. We have our neighbor now.

I guess our hands are

They're tied. They're tied in this one, so We can't reduce it.

It's fair.

We'll just go ahead with our second one.

Okay. I move to enter order the final $500 per day, well not per day, $500 for the sixty or about days, the repeat violation exists for a total fine of $500 payable within thirty days. If fines and fees remain unpaid, after three months, a lien will be filed. The city is authorized to foreclose, collect, or settle such lien. If the responder repeats the violation, the board may order a fine up to $500 for each day the violation continues to exist. Second. Which way you have it done then?

No, there won't be. Second.

All in favor? Aye. All opposed?

Go, stay on top. You. You're welcome. Thank you.

Alright. Our next up is support 3.3 has been withdrawn, and 3.4 has continued to January 2026. 3 0.5, case number 142Dash25, find respondents Sugar Factory LLC at 1844 Drew Street in violation of code for fences and walls, exterior surfaces, doors and window openings, roof maintenance and exterior storage, and issue an order with compliance deadline and fine if compliance is not met. Is there anyone here to represent that case? No? Mister Kasman, you have the floor.

Alright. Thank you very much board. Daniel Kasman, code enforcement inspector with

the city of Clearwater.

This is case number 142Dash25 for 1844 Drew Street. There are five violations here. Code section three dash 15

o two b for

exterior surfaces, code section three dash 15 o two d one d five for roof maintenance, code section three dash 15 o two c one, c three, and c four for door and window maintenance, Code Section eight zero eight(one) through six for fence maintenance and Code Section three-fifteen oh two(one) and F2 for exterior storage. This is the day of the notice of violation was sent out to compliance date and the affidavit of posting. This is a strip mall or strip store along Drew Street, 1800 Block. I noticed there were a few issues with the exterior. There's some overhangs that are in a little bit of rough shape, some chipped and peeling paint, a big window with a panel over it, missing some of the decorative block on the roof there.

In the rear of the property, there's some storage garages with some damaged fence. There's a lot of AC units being stored on the property outdoors. One of the garages in the storage area is damaged. Around the grounds of the property is just various trash debris, somewhat useful objects. The rear of the property used some paint. Some of the doors are damaged back there with some scrap awning, it looks like laying on the ground. This was the posting of the same day. Went back to the compliance date. There were still the same damages at the property. Same issues.

The fence area had not been taken care of. There was a pile of debris and just items just hanging out in the back of the building. And the rear of the building still needed some work as well. I went back today. Same issues.

They did paint one of the storefronts, which does look a little bit better, but there are still some damages to the overhang you can see under there. The decorative brick is still damaged. The rear of the property, the fence was some of it removed, but some of it's still falling over, and they're still missing slats. The rear cleaned up a little bit, but there's still damage to that one door, and they could repaint that area on the on the lower right there. And this area is still full of a bunch of random items and a few items lying along the fence line.

So compliance may be met for the exterior surfaces by removing any chipped or peeling paint and repainting where necessary. Appliance met for the roof maintenance by repairing any damaged directive elements or overhangs. Appliance met for the door and window maintenance by removing any boards from windows and replacing glass, repairing damage to door, garage, or any doors in the property. Appliance met defense maintenance by repairing any damage to the fence or removing the fence. Compliance is meant for the exterior storage by removing from the grounds of the property any appliances, furniture, buckets, bins, tires, shopping carts, other miscellaneous items not meant for outdoor use. For this one, I'm requesting compliance on or before 12/19/2025 for a 100 a fine of $150 per day per violation for each day the violations continue to exist.

Okay. Have you been able to get ahold of the the owners of the plaza at all?

I had one gentleman call me about a month ago about these issues. He claimed he was the owner, he said he had some health issues,

but he

was working with a contractor on-site. And I said, go right ahead. Give the contractor my information. I'll speak with him. I'll meet him out there. Anything needs to taken care of, I'll point it out to him. He said he'd do that, and I haven't heard anything since. Crickets.

Alright. Well, can I have a first 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. All opposed? Motion approved. Board, do you have any questions for Inspector Kastner? No, don't. This one? No, that's pretty straightforward. I get a second motion.

I move to enter an order requiring the respondent to correct the violations on or before 12/19/2025. 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. The fines and fees remain unpaid three months after such lien is filed. The city is authorized to foreclose, collect, or settle such lien.

All in favor?

Second. Second.

In favor? Aye. All opposed? Motion approved. All right. Thank you

very much.

Our next case is 3.6 has been continued to December '7 has been withdrawn, 3.8 has been withdrawn, 3.9 has continued to January, and our next case is 3.1 on our agenda, case number 140Seven-twenty5. Fine respondents Clemente Dzataron, Petra Tazonga, May and Santiago Dzataron at two thousand three and seventy one Chaucer Street in violation code for exterior storage and issue an order with compliance deadline and fine if compliance is not met. Is there anyone here to speak on that case? No? Yes.

Please come forward, sir, right around this way. Please state your name and address for the record, please.

My address is 2371 Chaucer Street.

Alright.

My name is Clemente, and that's d z h a.

Mister Clemente, do you admit or deny the violation?

The violation is the unready and cleanup.

Did at the time at the time that you were that you were posted, do you admit or deny the violation? Was there a violation or wasn't there a violation?

If I notice, I can show you the picture and clean up.

No. I'm just asking you, do you admit that there was a violation, or do you deny that there was a violation?

I'm sorry. I don't understand exactly.

Not now, originally.

Before before you clean your up.

Preference would be to just proceed and treat treat it as denial. Yeah. It sounds like he's saying he fixed it if there was, and I don't know that we the city doesn't necessarily take

the position that he needs to. We can get sir, at the time that you received the notice, are you admitting that you were in violation at that time? Or do you deny that? And then after this, you'll have the opportunity to speak more. But we just need to know, at this point, do you admit the violation happened, or do you deny that the violation happened? No. Deny? No. You didn't happen? No. Okay. So we'll treat it denial and then

proceed. Okay.

I'm not sure. I'm not sure. I'm sorry to interrupt. I'm not sure he understands.

Yes. And that's

also You know, so

do you understand what admit means? Like, yes, it was in violation or no, it wasn't?

No, I understand 100%.

Yeah, no, no. Okay.

That's that. That's all.

Mr. Brown, it may be appropriate to table it and see if we could maybe get an interpreter just to make sure everybody understands. Yeah, I

mean May

I have a vote?

Yes, please. Is that okay?

We just need to take the extra, she's not official. Take the extra step that

he definitely understands what she's saying. Slow

down. One

second. Just Just she's not like an official translator, we would just need to be very thorough here in making sure that he understands everything that she says interpreting, and just be a little extra thorough than we would if we had a formal interpreter. That's all I'll add.

Mr. Chair, I mean, when we need an interpreter, you know, we line that up through a company and, you know, through an official channel. There's an interpreter's oath. There's a little bit more formality to it, and my preference if I'm your interpreter Your

mic. Sorry.

Sorry, Robert.

Thank you. I'll stop muting it. Normally there's more formality to the process of having an interpreter involved. We have a third party company that we work with. I wouldn't want to stray from that normal process, and if that's something that he needs, we would just ask to continue the matter. I think that would probably be the preference if, and we've just, we can take a look at what he has separately. Maybe the issue can be resolved outside of the board once we see what's going on. So I would just ask for

a continuance. That sounds

very fair.

I'd agree with the continuance to just make sure. So we could

tell Mister Clemente, are going to continue this case Uh-huh. Next next month is

gonna be terminated.

Until next month to get you an interpreter so you can understand what we're saying and we understand everything.

Somebody, my daughter, speak English. I can bring my daughter too. My son. No.

He said there's a a company that they use as an interpreter that

they We did we've we've had folks bring their family. I think that's a little bit different, but but but outside of that, I mean, we we generally go through

a process.

Okay. Okay.

So he can break it into order,

mister Clemente.

You can he can break it into order. Mister interpret? Absolutely.

Order, Brown, the clerk's indicated that she would feel more comfortable if the clerk provided the interpreter, just in Just terms of

in sorry. In this instance, if we had somebody on the city side who could interpret it, I would be okay with it, like if we had somebody here. But like you said, we've had family members interpret for respondents before and that's not been an issue. I just I'm concerned about and no offense, by all means. I'm concerned about somebody popping up from the audience saying I can interpret and we don't know.

Okay. Okay. Is

it okay that we get an interpreter for the continuance of next month?

Yes. Okay.

So we're gonna continue this case until December 17 is our next meeting. And Let me put it down here.

And December?

Seventeenth.

DSC update. And we will have an interpreter here.

What time?

01:30, same time. Okay. And we'll have an interpreter here that can Yeah.

Because that's something confusing.

I I understand it, and it's not your not your fault. We at all. We should have we probably should have someone on on standby at all times. So we just we

we Yeah.

Because I need

a 100%. What's the violation?

Yeah.

For me, the. Exactly. Do something agree something, but I need a 100 I need a 100%. Yep. If I can sign any deep paper, I understand a 100%.

Well, next month, we'll have the interpreter down here, and it'll be a

100%.

Thank you so much, mister.

Can we take

Crush it, senor.

Thank you.

Can I get can I have a motion to, continue this case until next month? Yeah.

We can find it.

Make motion to continue, case 147Dash25 until December 1917. '17. '17. Is our next meeting. 2025.

Yep. Second.

Can I

have a second? Second.

All in favor? Aye. All opposed? Motion carries for a continuance until next month. Alrighty, our next, it's gonna be continued, our next is 3.111. On our agenda case number 148Dash25, find respondents Costco Wholesale Corp at 2655 Gulf Debate Boulevard in violation of code for fences and walls and issue an order with compliance deadline if compliance is not met. Is there anyone here to speak for that? Yes. Will you please come forward? State your name and address for to our clerk for the record, please.

John Davidson, 9178 Highland Ridgeway, Tampa, Florida.

And you represent Costco? Yes, sir. Okay. Well, I have a question for you. Do you admit or deny the violation? Admit. You admit the violation? Okay. If you'll have a seat right there in the front row. Sure. We'll have you back up. Can I get a first order, please? First motion, I'm sorry.

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

Okay.

Hold on one second. Is it is this a repeat violation? No. No. Okay. Second. All in favor? Aye. All opposed? Alright. Motion carries. Inspector Maddox, have the floor.

Good afternoon, board. Kevin Maddox, code compliance inspector for Clearwater. This is case 148252655GulfToBayBoulevard, which is otherwise known as Costco. One violation for code section three-eight zero eight for fence or wall maintenance. In this case, it's wall.

It's a brick wall. Notice was sent out on May 19. Compliance date for June 20. Certified mail was received back signed on June 5. Costco is a very large property here, so I'm taking pictures more toward where the violation exists, which is a wall on the outskirts of the parking lot.

I'll give you an overhead view here in just a moment. There were initially three sections of this wall that were broken. The one in the let's see if I can this one here was repaired in the last couple months. This one was initially assigned to the neighbor, which is Seville Apartments of sort, and I'll show you an overhead where they are. And somewhere it got fixed, and there was an agreement between Seville Apartments and Costco because Costco had a tree fall on it and break it.

And then Costco paid them to have the wall built back up, as I understand it. So, there remained two breaks in the wall similar to this. This was one of them. And this was the second where you can see the bricks. And the trees there are creating a big problem with these walls.

In the Costco parking lot here, this is 19. This is Seville Boulevard. The one break in the wall that I talked about next to the gas stations here, I had assigned to this property, and then it got worked out as people were figuring out who owns this part of that wall. As you as this red brick wall, which is in a curve type of it's not straight, it's curved throughout. And as you go around the corner to Seville, there are two more breaks, which is what I'm addressing today.

But you can see this is a very large property, but the wall is along in here is what we're looking at. On the June 20, the breaks you could see here, the brick has been fixed. So that is one of the three that was repaired, and then the other two were still down. As of today, this is from the inside. I typically don't take pictures from the inside because it's such a crowded population of people shopping there, you'll get run over.

But the break in the wall still exists. This is the other side of the repaired wall. Compliance can be before I go into compliance can be met, there was many discussions with the attorneys of Costco, maybe three of them that I remember having email conversations or phone conversations. And there was they were letting me know that there was old paperwork that allowed for an easement to the neighbor that they had to take care of the wall even though this wall is on their parcel. After all of this information presented was sent to our legal, it was given back to me that there wasn't enough evidence to change the ownership of this wall.

So I reported back to the the last attorney, which was Linda Blue from Costco. I I told her there was not enough evidence showing the wall was responsibility of the neighboring parcel. Costco was responsible for as the owner on record for the Pinellas County property appraiser. And then Costco would be responsible for communicating with the neighboring parcel owner, reference their agreement, and that would not be on us. We would be just holding it to what's on property appraiser.

So, with that, the last information I had was that Linda Blue had someone coming out to take a look at the wall on November 4, and I haven't had communication after that. Compliance can be met by repairing and maintaining the wall in a structurally sound and aesthetically attractive manner, as outlined in Section three-eight zero eight of the Clearwater MuniCode. For this case, 14825 requesting compliance on or before 12/19/2025 or a fine of 150 per day per violation for each day the violation continues to exist.

Board, do we have any questions for Inspector Mattox? Mm-mm. No? No, sir.

You can come back for me.

Inspector Mattox,

if you want to step over

to the side there.

So have you guys got have you guys got contractors and stuff ready to get this wall?

Yeah. The estimated repair is December 1. There was some issues with the insurance that the person who was gonna fix the wall carried, and we need to make sure that was rectified first. Okay. So we have a date of December 1.

December 1, you know, Okay. It'll be done and Board, do you have any questions for?

No, if the compliance date is the nineteenth, that would seem enough time.

Yeah, that seems plenty of time. If there happens to, we're just gonna go ahead and stay with this order, but if there happens to be anything that would delay the first, make sure you get in contact with Inspector Maddox, so you can keep him up to date on what's going on, if there is a delay from the December 1 timeline.

Yeah, at least you'll have till the nineteenth if something happens.

If something happens, it's gonna extend out beyond that, make sure you get in touch with, or whoever the representative get in touch with Mr. Maddox.

All right, board, do you

have any more questions? No. Can I get a second?

I move to enter an order requiring the respondent to correct the violations only before December 19. If the respondent does not comply by that date, the Board may order a fine of $150 per day, but 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. All opposed? Motion carries. Thank you, sir.

Thank you, Mr. Jefferson.

Thank you.

All right, next case on the docket is 3.12 on our agenda, case number 140Nine-twenty5, fine respondent Sarah Butler at 204 Brigadoon Drive in violation of code for exterior services and issue an order with compliance deadline and fine if compliance is not met. Is there anyone here to You got it. If you'll come up and state your name further. Come up and state your name and address for the to our clerk for the record.

Sarah Butler. 204 Brigadoon Drive here in Clearwater.

K. Miss Butler, do you admit or deny the violation?

There's no violation.

So you're you're gonna you deny the violation?

She's unaware of what violation exists.

Okay. Well,

we're we'll What they said?

The city will will get will show us what the violation is. I just needed her to answer whether she admitted or denied Admit the

or deny if I can't see.

Okay. I'm just going to take that as a denial then, and if you'll have a seat right there, we will have you back up in just a second. Can I get a first motion, please?

I think we don't, since they've denied what the city needs to present its case.

Oh, okay.

I'm sorry. Go ahead, Mr. Daniels, you have the floor.

Thank you. Good afternoon, board. Good afternoon.

Good

afternoon, board. Inspector Daniels, case number code compliance inspector, case number 149Dash25For204BrigadoonDrive. One violation, code section three dash one five zero two dot b for exterior surfaces. The notice of violation was sent out on 04/11. Compliance date was 05/21.

Certified mail signed back in the office of April 29. They'll go to the posting for the hearing today. Right there, we got the rotten wood in that area there. That needs to be replaced. A piece of fascia board missing, a hole in the fascia. The side needs to be pressure washed and possibly painted. I'm not

sure. And

that was on '4 that was on 04/10. These are this was after the compliance date. Nothing's been done. And then these are the pictures from today. Nothing's been done.

Can you go back? Slow that down a little bit. I went by too fast. Can't see them. Yeah.

Start there.

Yeah. So, yeah, that's from today. That's from this morning. I

know, but it went by. You did it so fast we couldn't see it.

Okay. Same area.

Okay.

Facial steel has the hole in it.

That's the one. Okay.

Yeah. Rod and Woods. Yeah.

Thank you, Jim.

And the side's still not pressure washed or attended to. Compliance can be met for exterior surface by replacing any defective structure and decorative elements of any building walls and ensure all exterior surfaces are free of mildew, rust, loose materials, and faded faded or peeling paint. So as one violation, requesting compliance on or before 01/01/2026 or fine of a $150 per day per violation if compliance is not met. Alright.

Board, do we have any questions for

inspector Daniels?

I do.

Have the owners been in contact with you on this? No, sir. Okay. And your phone number and contact information is on the violation that was not only signed for, but that was posted?

Yes, sir.

This is first time you're seeing

an owner?

Yes, sir. Okay.

Thank you.

Thank you, Inspector.

Board, do

have any other questions for Inspector Daniels? Ms. Butler? Did you get a good look at the pictures

Yeah.

Of the rotting wood and the mold and mildew all down the side? That's no good. I

don't understand, though, is, there's a homeowners association. We were in if she was in violation of such, they would have notified her. Now they there was a notice that was sent out for the pressure washing, and I'm here because I paid Andrew Cook, the contractor who I have a picture here who pressure washed the entire building side.

When did that when did the pressure washing happen?

That that happened 12/02/2023. And there he is in the picture. He's pressure washing the entire house.

That was almost two years ago.

Yeah.

Well

Mold grows mold grows in two weeks in Florida.

If I could just interrupt, could I get your name, sir?

Yeah. My name is, George Jokus. I'm in

What was last name?

T as in Tom, z as in zebra, o k a s.

Thank you.

She's a little bit of a hardship, so I I hope her out as far as the the pressure washing. I remember paying him a $180. I'm pretty sure I have it on Zello. So two

years ago, you know.

Yeah. Well, I can certainly have them come back and do it again. It's it's not a problem. It's just pretty much surface dirt. I mean, mildew doesn't come back that fast. It's mostly probably just from the hurricane, and it's mostly just dirt. Mostly, it's not gonna be mildew because he did use chemicals, and we did buy them at Home Depot. And I'm sure the mildew is gone, but I'm sure it's just some debris from from the hurricane that could just have to be pressure washed off. That that's I mean, she did it when the violation occurred with the homeowners association.

Well, homeowners, if I'm correct, and you can correct me if I'm I'm wrong, even though they are in a homeowners association, you still have to obey the Clearwater code enforcement, whether you're in a homeowners association or not. Now, the homeowners association chooses to violate her because of that, that's up to them, but you still have to go within the city's codes, rotting wood and face you missing and the dirt on the side, that's violation of the city's code. I don't, it may not be at the homeowners association, but I'm pretty sure that they're, them homeowners associations are really strict on everything.

Yeah, They are. And, you know, it's it's I think it's a little nitpicking here. I don't know what the dynamics between the gentleman and and Sarah are, but I know within the area, there's a lot worse. You know.

That's then that's our job as a citizen of Clearwater to call our inspectors and get them out there to take care of of that, you know. That's that's the beauty of, of, you know, being able to call the inspector when you see something that's not right. Yeah. Miss Butler, are you going to be able to, take care of all this before it's two and a half months from now, before January 1?

I'll make reasonable efforts. Is what I can promise you.

She's not working right now.

That is why I'm saying

She's in between jobs. She had a seasonal at Macy's, and she's not working. She has a 11 year old daughter, which we gotta go pick up by 02:40 at Athenian Academy, and she's just making ends meet right now. So maybe an extension, if if if you guys would be kind enough to consider that. Might might give her a little bit more more time. She is interviewing currently. So

have a before we get much further.

I got one too. Go ahead.

Go ahead.

Is this a condominium? It's a townhome. Townhome.

I have a comment that might answer your question, Bob.

Well, I was just going to make the observation that

this might be the same thing you're talking about, that typically with the homeowners association, they're responsible for the exteriors of

the building. Not Brigadoon.

Not Brigadoon.

Not a Brigadoon. If I'm not mistaken, Brigadoon does not cover exteriors of the building, and that's the owner's responsibility.

And would make sense about why we have individual cases.

And that is why, that's correct, and that is why the maintenance fee is so low there. Each owner is responsible for the exterior of their building, including the roof.

Okay.

I'd like to make a comment too, Mr. Chairman. George is not nitpicking rotten wood. No. I I

He's not nitpicking you.

It was about the dirt, I was saying, on the side of

the But either way Yeah. Violations aren't nitpicking. The thing that

I would point out too is that the pressure washing was done in 2023, and the violation occurred much after that. Yeah. And it's much more than the pressure washing. And and per the inspector's comments, correction can be done by either pressure washing and or painting. So if the pressure washing does correct it, then it's then it's on to the next step that if whatever it takes to create it, plus the

It rain

the rotten wood and, you know, other things that are pointed out or have nothing to do with pressure washing. Those are separate issues. Yeah. You're right.

What what I would keen, I I could see if it's dirt is one thing. If it's mildew, every attempt to have it pressure washed and remove a hazard such as mildew, but I don't see how her being in an area where she's not exposed, it's not a connecting wall on her side on that area, you're gonna get the debris from people who are mowing her lawn up and down the ramp. So just by nature, it's gonna cause wind to go up and put blades of grass up there and and dirt from the mowing from where they utilize the ramp to get to the back to mow. There is constant people and traffic So, going through I mean, I don't see I could see mildew. Yeah.

Hold her accountable for that. But dirt, that's a little that's tough when you're in an exposed wall and there's people mowing with tractors. That's a little harsh, I think.

Understood. At the end of the day, per the code, it's the homeowner's responsibility.

Yeah. You grab the garden hose and you do this on

the side

of Yeah. We can

do that. That's all I'm

saying

is That gets all the dirt off and then and then that picture wouldn't have been in front of us. It would have just been rotten wood.

And more and more suggested she can always have that wall painted with mildew resistant.

That costs a lot of money. It's very high.

Yeah, but you save in the long run. Yeah. But I'm

sure if I may say so. With grandest respect there is, at the moment I'm interviewing with every bone in my body trying to get a job.

They're going to want They didn't?

Fine. I understand. And in compliance with association. But to get something that the price is this high and I'm over there, it's cutting an arm.

Well, either way, it has to be it has to come into compliance.

Yeah. You know? That's not

a problem. I understand that.

Well, it is a problem.

Pain is like 1,800

Trying to figure

out. Extension. Yeah.

If you And wanna you wanna extend board, you wanna extend this out until February? I'm gonna first

the question is how much time do you need to get into compliance to repair the rotten wood and the violations?

I don't know. I mean, these look like pretty expensive things. I mean, replacing fascia all the way up there, that's gonna cost an arm and a leg and painting the side. That's

a lot.

Plus the foundation is rotten out too. The boards on the foundation.

Is that a violation too?

Well, it could be just trim, but you need to check that.

The what now?

It could be just trim. As Bob said, you need to check any rotting wood.

Oh, just like the surface maybe? The whole thing does

What his picture showed? What his the inspector picture showed. Yeah. Right in the wood. Yeah.

I mean, yeah. That's gotta be replaced.

Yeah. Guess.

At the

end of

the day, I would suggest communicating with the code compliance officer to find out exactly what needs to be done to be brought into compliance, get that done, and you'll be fine.

The board, do we have a problem extending this out till February 1? No. Instead of January 1?

Well, the inspector's already told them what to do to come into compliance.

Yeah, know that she's trying to

It's a financial matter.

She's trying to a lot of things right now.

I know. I'm just saying, before we get to that other part of an extension, He already has told him what to do to come into compliance. The extension is something separate.

The extension would possibly give her time to get a job Yeah, know that. Put away, that's why

And contractors.

Yeah, the extension. But whatever the Board decides, but I would be in favor of putting it out till February 1. So you guys can mull it over. Mr.

Chair, we don't take a position on how people make repairs. The exterior surface code just says if it's defective, then it has to be repaired. Whether or not that board on the bottom is structural, or it's just decorative, or we don't do that kind of engineering analysis. It's just on its you you can see from the outside that it's rotten, and that's what makes it a code violation. With side, the code does specify mildew and rust.

It doesn't say dirt, so the code is actually specific to the mildew and the rust aspect. Whether that means that they have to just pressure wash it, or they have to paint it, or what the extent of the repair is, we don't really dictate that. It's just if there is mildew and rust, then it's a code violation. How that's remedied is kinda on them. And then I guess I would also say that with Brigadoon, that's a complicated situation that I've had quite a bit of involvement with over the last couple of years, and so have several other inspectors with the city.

We've been doing making every effort that we can to work with the unit owners and the association out there. So we do recognize that, you know, it's complicated and there's a lot of moving parts. And so we are fine if the board wants to give a little bit of grace on the deadline. But the deadline that was recommended to you is our standard recommendation for exterior surface violations. So February, Mr. Chairman?

I mean, if that's all right with everyone to February 1, then yeah, I would do that. We're fine. Yeah, okay. Make a second.

Does that mean it has to be corrected by that date or contractors in place?

No. Needs to be corrected by

that date.

Come into compliance. That's two and a half months. Okay. That's

So pressure wash and a couple of the boards that we've

seen in the picture. Can we

Get with the inspector. Get with your inspector. He'll tell you

what You could find that when you pop in boards off of their deck or the trim, and all you gotta do is cut a new board and put it up

there and

paint it, and you're you're you're done, you know, $12. You go with the board and some paint.

Yeah. That's right. Yeah.

And may find you pull that off of there, and we got a bigger problem than this, you know? Who knows?

Well, who's gonna pull it?

At the end of the day

I'm not. You talk but you are inspector

on the if you're doing

It's work for up to you. Liaise with your inspector on the repairs. How about picture. That's that's liaise with your inspector on the on the on the repairs because he's the one that's got a

dean dean that helps in compliance. Mhmm. Okay? Yep. Alright.

Okay. Let me get a second.

Move to enter an order report.

How are you obtaining the pictures so I can show a contractor what needs to

be done?

Talk to your inspector. Yeah. Ask my

inspector Daniels, and he may be able to text them over to you or or there's there's a there's a way that you can get this information that's been put up

on that screen.

A side note, I've been trying to correct something that's been occurring for years at my residence. My next door neighbor has been out of compliance for for years. Who do I speak to is what I'm trying to say because I spoke to a Vicky, and I've gotten anywhere for for for over six months.

One of

our inspectors right there.

You already talked to the inspector. Yeah.

Can you get a

second, please?

I move to enter an order requiring the respondent to correct the violation

the before We

need a first motion. We don't have

Oh, we didn't get one? I'm

sorry. I

move to find the respondent in violation of code as referred

to in the affidavit in this case.

I have

a second.

Second. All in favor?

Aye. All opposed? First motion passes. Now can I get a second?

I move to enter an order requiring the respondent to correct the violations on or before February 1. If if the respondent does not comply by that date, the board may order a fine of was that $1.50?

Yeah. $1.50.

$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. All

opposed? Second motion carries. Alright. Next one is 3.13 on our agenda case number 150Dash25, fine respondents Edmond and Rosemarie, Frenchman at 1103 Brigadoon Drive, in violation for code exterior surfaces and exterior storage an issue and an order with compliance deadline if fine and fine if compliance is not met. Is there anyone here to represent that? Will you please come forward?

Here we go. We're brigadoo again. There was a four brigadoo. Yeah.

Without the fork. Oh, really?

Oh, Well, brigadoo. Oh, man. They

are they are old. Yeah. Four

of them.

Yeah. Good afternoon. Could you speak, state your name and address to our clerk for the record, please?

Edmund Fretman, 1103 Brigadier Drive, Clearwater, Florida.

Mr. Fretman, do you admit or deny the violation? I admit. You admit it? Alright. Can I have the first motion?

I move to find the respondent in violation of the code as referred to in the

update in this case.

Second.

All in favor?

Aye. All opposed? First motion carries. If you'll have a seat right there, we'll hear from the city and then we'll bring you back back up. Okay? Thank you.

Good afternoon, board. Jared, the inspector, code inspector for the city of Clearwater.

Jared, code inspector.

We know who you And

the backlash of this is that we went through because of a resident complaint in and we inspected every single unit in Brigadoon.

They were collateral damage.

And the ones that's coming before you now are the ones that have not made any contact. Okay.

Thank you.

Okay. So this is case number 150Dash2511O3BrigadoonDrive. It's two violations there, but as of this morning, it's only one for exterior surface. The exterior storage and construction material storage, they fixed that issue.

K.

The notice was sent out on 04/11. The compliance date was 05/21. Certified mail was received. The receipt was received, signed on 05/06/2025. There's the posting for the hearing.

That that that's the construction debris that was stored outdoors, but they have moved that. That was on 04/10. This was on after the compliance date. That was after the compliance date, and then this was this morning. These are this is the area of concern, rotten wood, maybe some mildew, need to pressure wash, maybe paint.

And then up here, this needs to be painted, this little area pressure washed and fixed. Compliance can be met for the exterior surface by replacing any defective structure and decorative elements of any building walls and ensure all exterior surfaces are free of mildew, rust, loose materials, and faded or peeling paint, and the the outdoor storage is already removed. So requesting compliance on or before 01/01/2026 or a fine of 150 per day per violation if compliance is not met.

Board, do you have any questions for Inspector Daniels? No, No. Mr. Frisco, please.

I didn't. You mentioned that in this case, haven't had any communication from the owners?

Yes.

You have or have not?

I have not. Okay.

Thank you. Appreciate

it.

Mr. Fritzman, you've seen the pictures and stuff. Do you think that you're going be able to get everything in compliance by January 1?

Yeah, the, you know, that's the back of the unit. It's a storage unit. We never go down there. So, I'll get that wood replaced. But as far as the mildew, I I gotta say one thing. We live where there's a part of a creek or a a river Right. That's back behind us. No. Okay. That place is full of mold and mildew.

Okay. The the park department is not cleaning that up. You know, for the back of our unit to have mold and mildew, I think probably

part

of that is the cause of that water back there. I mean, birds can't even land in that water back there. It is it is. And I look, I I've got breathing problems. I'm on a puffer all the time.

And with all that mildew and moss growing in the back, it's killing me. You know, so a couple units going to get painted and I'll just pay, you know, to have ours pressure washed at that time. And, you know, we'll get the mildew taken care of. But guys Do we need more time? Uh-huh.

Do we need more time?

Well, the other two units are very gonna get painted in a short period of time.

I'm not sure who you would contact, but I'm sure you could go on the city's website or find some resources on who is in charge of that creek, and then, you know, get with them and to maybe you can get a few of your neighbors to contact them and they'll come out and they'll dredge it, clean it up, cut stuff down to try to keep the mold and mildew down, you know.

Well, the there's three lakes there, and, all of them are is full of

Well, that would be something that you and your your, you know, your your neighbors would have to get together and figure out who's in charge of taking care of those lakes and and then and then get with them and everything. But we're gonna go ahead and make a second motion and have it on the January 1. Sure. That be okay?

Yeah.

Alrighty, sir. Appreciate it. Thank you. Very good. Can I get a second motion, please?

Thank you.

I move to enter an order requiring the respondent to correct the violations on or before 01/01/2026. 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.

All opposed? Motion carries. All right, next case on the agenda is 3.14Case 151Dash25. Find respondents Matthew L. Easton de Roma at 1104 Brigadoon Drive in violation for exterior surfaces and issue an order with compliance deadline and fine if compliance is not met. Is there anyone here to represent that case? Will you please come forward, sir? Ma'am. Aye, will you state your name and address to our clerk for the record, please?

Yes, Matthew and Lisa Deroma, 1104 Brigadoon Drive, Clearwater, Florida.

Mr. And Ms. Deroma, do you admit or deny the violation?

I admit it.

You admit? All right, we'll have you have a seat right there and we'll let the city come up. Can I get a first motion, please?

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. All opposed? First motion carries.

Good afternoon, board. Jared, code inspector, city of Clearwater. Case number one five one dash twenty five, eleven o four Brigadoon Drive. One violation here for exterior surfaces. The notice of violation was sent out on 04/11. Compliance date was 05/21. Certified mail receipt came back signed 04/2925. And this is the unit here. So we got a little like I said, the backside is mold and milled, do what whichever it is. And that was on the date the initial date that I went out there. Wow.

A lot of them do you?

This was after the compliance date. Still the same. Still the same. And then this was from this morning.

And that's right next door to the

Right next door. Yes. That's the next door neighbor.

Yeah. Yeah.

Everybody got kinda Can I

ask you a question about that picture? Yes. Are these these sides these walls that we're seeing, are those facing north, east, you know, east?

I don't know. I bet there's They're

facing north.

They're facing north.

Hold on. I'm sorry. Sorry. It's only because it's not heard on the record that not yeah.

Yeah. It's facing north. It's on the north side of the Alright. Complex.

They're all sharing the mold. Yes. Yeah. Me see north. Something's to get to.

Yeah. Compliance can be met for exterior surface by replacing any defective structures and decorative elements of any building walls and ensure all exterior surfaces are free of mildew, rust, loose materials, and faded or peel and paint. Code, are requesting a compliance on or before I'm sorry. That's an error. By January 1 Oh, you got the 01/01/2026, or a fine of a $150 per day per violation if compliance is not met.

Roy, do you have any questions for inspector Daniel?

Yes. Have the owners of this property been in contact

with

you?

I spoke with them once, and then I got no more contact with them. They did call me once for an extension, and then I heard nothing else from them.

Okay, thank you.

We'll come back up, Mr. And Mrs. It's a good question. Doroma? You think you're gonna be able to get this all taken care of by January 1?

Well, what I was gonna do is I was gonna ask for an extension to the February 1 deadline, just like one of the other homeowners did, but I did bring with me proof. We have paid the hundreds of dollars for paint, and I did pay $1,200 deposit for a paint guy that has not shown up.

That was nice.

Oh, wow. Oh, yeah. But I have all the paperwork here if you guys wanted to see it. So remediation is in progress. So it it it is a project in progress, and we've already spent close to $2,000 of our own money without remediation yet.

Contracts signed and everything.

It's Yeah.

We we intact. 15 gallons of paint on the back porch. And we heard

he keeps giving excuses. He even brought all his ladders and then

still So you got some lateral.

And then still goes to this.

Some ladders.

We were hoping to

have it

done by

the I I want yeah. And I wanted to

the paint in the pictures. Like, we have the paint sitting out there ready

to go. But there again, with the north facing wall, it doesn't get any sunlight, and it is facing the creek that was mentioned before by our neighbors. And as somebody who got TB in Bosnia when I was in the army, I struggled with breathing issues as well, and the creek is a very and it's the watershed for Alligator Creek, that's the question.