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Code Enforcement Board

Tuesday, September 2, 2025 · Government meeting record

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Code Enforcement Board

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1. CONSENT AGENDA

Motion 2

Motion 3

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1 DUN DIN Home of Honeymoon Isl a nd MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF SEPTEMBER 2, 2025 CITY HALL, 737 LOUDEN AVENUE, 2:00 PM CITY OF DUNEDIN PRESENT: Vice-Chair Jaime Ballard, Members Jason Gillette, Dan Bolduc, Walter Sweetser, Jeremy Reynolds, and Matthew Wielinski; Alternate Members Lisa Hunt and Chris Alexander ABSENT: Chair Phil Stone (excused) ALSO PRESENT: Assistant City Attorney Noah Daiker, Secretary to the Board Katherine Lachcik, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel, Pinellas County Sheriff Deputy Constant, and three attendee(s). CALL TO ORDER Vice-Chair Ballard called the meeting to order at 2:00 p.m. and explained the purpose of this Board and meeting procedures to those in attendance. CITIZEN INPUT - None. Opportunity for the Public to address the Board on any topic not on the agenda. 1. CONSENT AGENDA 1.a. Approval of Draft Minutes for the August 5, 2025, Code Enforcement Board Meeting MOTION: Mr. Reynolds moved to approve the minutes of the regular meeting of August 5, 2025. Second was made by Ms. Hunt. VOTE: Motion carried unanimously. 2. TESTIMONY OATH OF STAFF AND PUBLIC Ms. Lachcik swore in Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel, and all others wishing to speak. 3. AFFIDAVITS OF COMPLIANCE - None

Regular Meeting September 2, 2025 Dunedin Code Enforcement Board 2 4. OLD BUSINESS 4.a. Case 24-569 City vs WALVEKAR FLORIDA PROPERTIES LLC 2602 Bayshore Boulevard Violation of the International Property Maintenance Code Section 304.6 Exterior Walls International Property Maintenance Code Section 304.6 Exterior Walls Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 4.b. Case 25-570 City vs WALVEKAR FLORIDA PROPERTIES LLC 2602 Bayshore Boulevard Violation of the International Property Maintenance Code Section 304.9 Overhang Extensions International Property Maintenance Code Section 304.9 Overhang Extensions All overhang extensions including but not limited to canopies, marquees, signs, metal awnings, fire escapes, sand pipes, exhaust ducts shall remain in good repair and properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal and wood shall be protected from the elements against decay and rust. Periodic application of weather coating materials such as paint and similar surface treatment. Code Compliance Supervisor Phillips reviewed Case 24-569 and Case 25-570: Both cases came before the Board on December 3, 2024; the owner was present. An extension was requested for the exterior walls and overhang extensions due to recent hurricanes. The Board granted the extension to April 13, 2025. On April 16, 2025, an Affidavit of Non-Compliance was submitted. On May 6, 2025, the cases came back before the Board; the owner requested an additional 90 days and the new compliance date was August 26, 2025, or a fine of $250.00 per day. Photographs were shown depicting the history of the violations in these cases. As of this date, September 2, 2025, there is still exposed metal and breaks in the wall. They are starting to do work; however, they did not meet the compliance date. Liens are currently accruing on this property at $250.00 per day per violation for not meeting the compliance date. Respondent Comment Cody Vogt of Synergy Property Restoration, the contractor of record on behalf of Mr. Walvekar, commented: There was a delay in material being ordered for the project due to availability. Since acquiring the material, there have been heavy rains for the past couple of weeks, and they have not been able to make the progress they would like. The contractor handling the framing has assured him they are moving on rather quickly; they are there today. He sent Ms. Phillips some photos in advance of today's meeting.

Regular Meeting September 2, 2025 Dunedin Code Enforcement Board 3 If he was not mistaken, he thought there was an issue with the compliance date and extending to the next meeting, to be able to request an additional extension. Unfortunately, this project has been lingering because of all the issues out there. They are close to getting it done; obviously they need a little more time. Board Questions Mr. Bolduc recalled in November there were issues with the permitting process with getting the new A/C units approved by the City and the Building Department. Mr. Vogt acknowledged that that was correct, noting that was because of so many different units; there have even been recent issues with Dunedin permitting, putting stop work orders on roof, A/C, and interior permits. The majority of those permits are closed and now they only have the roof and the fa9ade open. Some of the confusion has caused some of these delays. Mr. Bolduc asked the date the permit was issued for the roof, noting that was the main thing preventing moving forward with the fa9ade. Mr. Vogt explained the original permit was issued in relation to the tornado that happened in 2022. Since Hurricane Helene came through, the roof system, which is an unrelated roof above The Gym, was affected so the scope of work grew. It was a partial replacement that grew into a larger replacement. Because of the forces exerted on the building, there were structural components that had to be addressed and changed. Mr. Bolduc asked if it is only above The Gym or the entire retail roof. Mr. Vogt explained that for the adjacent building where the bingo hall is located, the entire roof is being replaced; originally, it was from Madison Avenue Pizza over to the north that was going to be replaced. Because of the latest hurricane, what is seen in the photo would be what was Key Financial and The Gym, and that is the part of the roof damaged from the hurricane; the fa9ade was damaged previously from the tornado. In response to the question from Mr. Bolduc, Mr. Vogt stated the material is now not a problem, and that was just received last week; part of the issue was some minor changes necessary structurally because of availability of materials and to getting all that approved. Mr. Bolduc commented he would give credit for what has been done; it does look nice. Ms. Hunt commented she noted all the other roofs were being worked on; however, she did not see anything being done on what is being discussed today. Mr. Vogt stated the roof system was torn off the bingo hall and they did not have the materials through last week. Ms. Hunt noted the discussion was not about the bingo hall; it was about The Gym. Mr. Vogt explained they have a huge staging area for materials for all the roof systems in the parking lot. Because the two issues are tied together and the way the building must be repaired structurally, the fac;;ade must be done first, which required the materials and that is why it could not be started. Mr. Reynolds asked if purchase orders, invoices, or delivery receipts could be provided showing when the materials were ordered. Mr. Vogt stated he provided Ms. Phillips with photographs of the materials physically on site; he has invoices that can be provided. The materials were originally ordered approximately 90 days ago by a subcontractor.

Regular Meeting September 2, 2025 Dunedin Code Enforcement Board 4 Mr. Reynolds noted the Notice of Violation was issued a year ago and asked why there was such a delay on ordering the materials; even without the permitting, they knew what materials were needed. Mr. Vogt noted this was addressed previously regarding these cases and explained the framing was completed at the time Hurricane Helene came through, which tore it down; as a result, for the materials previously ordered for the prior damage, the framing work was completed. They had to start over and as a result of the additional damage, different materials were necessary. He explained the delays due to the water damage, moving tenants out, and remediation done prior to even being able to approach the roof system. Mr. Sweetser noted the completion dates continue to move and asked is there a new completion date to be presented today. Mr. Vogt commented there are several moving targets being discussed; roofs are not part of the compliance issues to his knowledge. As far as getting a physical building that is going to have stucco finish, that could be done in the next 30 days. For painting, roof systems, and the entire project, it is going to still be quite a while with damage to the building, and they will be painting the entire complex and so forth. Mr. Sweetser noted in looking at the photos, there did not seem to be much activity at least in the past six months, not three months. Mr. Vogt commented he understood the frustration and noted part of the issue is the company insurance process, along with engineer consultations and inspections that must take place. He cannot get the structure back together and then prejudice the insurance company investigation, and they are still working through some of those issues; it is unfortunately time-consuming. Discussion ensued regarding the insurance processes; Mr. Vogt explained even though the owner has not been paid, they are moving forward with the repairs. He was just expressing the reality and part of the reason some of these things are taking so long. Staff Recommendation Code Compliance Supervisor Phillips advised the City recommends the Board accept the Affidavits of Non-Compliance; the liens have currently been accruing for seven (7) days. Board Discussion Mr. Reynolds commented he thought the respondent has had more than enough time. Mr. Bolduc commented there are two issues being brought forward; in referring to the pictures, those are not about the roof. He realized regarding the roof there was some hold back which was not entirely their fault; however, regarding the issues before the Board, something should be done faster. MOTION: Mr. Reynolds moved in Case 24-569 for the property located at 2602 Bayshore Boulevard to find the Respondent, WALVEKAR FLORIDA PROPERTIES LLC, did not correct the violation of the International Property Maintenance Code Section 304.6 on or before the requested compliance date of August 26, 2025, and to accept the Affidavit of Non- compliance. Based on the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator, this is determined to be a severe violation

Regular Meeting September 2, 2025 Dunedin Code Enforcement Board 5 and a fine of $250 per day is imposed from the date of ordered compliance until compliance is met. The Respondent is ordered to contact Code Compliance for a reinspection of the property to verify compliance with this order. Second was made by Mr. Wielinski. VOTE: Motion carried with Messrs. Gillette, Bolduc, Wielinski, Ms. Hunt, Mr. Sweetser, Mr. Reynolds, and Vice-Chair Ballard voting aye. Voting nay, none. MOTION: Mr. Reynolds moved in Case 24-570, for the property located at 2602 Bayshore Boulevard to find the Respondent, WALVEKAR FLORIDA PROPERTIES LLC, did not correct the violation of the International Property Maintenance Code Section 304.9 on or before the requested compliance date of August 26, 2025, and to accept the Affidavit of Non- compliance. Based on the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator, this is determined to be a severe violation and a fine of $250 per day is imposed from the date of ordered compliance until compliance is met. The Respondent is ordered to contact Code Compliance for a reinspection of the property to verify compliance with this order. Second was made by Ms. Hunt. VOTE: Motion carried with Messrs. Gillette, Bolduc, Wielinski, Ms. Hunt, Mr. Sweetser, Mr. Reynolds, and Vice-Chair Ballard voting aye. Voting nay, none. 5. NEW BUSINESS 5.a. Case 25-1707 City vs DEAN & SUZANNE LONG 2685 St. Josephs Dr E REPEAT Violation of the Dunedin Code of Ordinances Sec. 103-14.8.1 -Transient Uses Within Certain Zoning Districts; Conditional Bed & Breakfast; Intent Code Compliance Supervisor Phillips reviewed Case 25-1707: Dunedin Code of Ordinances Section 103-14.8.1 It is unlawful for any owner of any property within the multi-family zoning districts of the City of Dunedin to operate a bed and breakfast without obtaining a conditional use permit from the City's Board of Adjustment and Appeal. Definition of a Repeat Violation as defined in Chapter 162.04 "Repeat Violation" means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi- judicial process, to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations. The property is a duplex/triplex/4-plex located in the MF-15 Zoning District. An Affidavit of Posting, a Notice of Repeat Violation, and a Notice of Hearing were

Regular Meeting September 2, 2025 Dunedin Code Enforcement Board 6 posted at the property and City Hall on August 15, 2025. A copy of the notices were also sent Certified Mail to the owner of record on August 15, 2025. Notice of Certified Mail Delivery confirmation was received August 26, 2025, at 2:12 p.m. On March 7, 2023, Case 23-898 was brought before the Dunedin Code Enforcement Board and was found in violation of Dunedin Code of Ordinances Section 103-14.8.1- Transient Uses Within Certain Zoning Districts; Conditional Bed & Breakfast; Intent. The Board found the respondent to be in violation after the Compliance Date of February 1, 2023. The violation was corrected before the Board hearing on March 1, 2023, and the Board granted a Declaration of Violation. The advertisement was on Vrba on Thursday, August 14, 2025; when attempting to book the property from October 4 - 11, 2025, it took her to the payment page for 7 nights. She also looked at their calendar, which indicated more bookings in September and November, that do not meet the 90-day requirements. When again attempting the book the property on August 15, 2025, from December 6 - 13, 2025 it took her to the payment page for 7 nights. On Monday, she tried to book the property from March 2 - 14, and it would not allow as it was corrected; she tried again on August 26, 2025, from October 1 - 18 and it would not allow and again this morning from December 5 - 12. Respondent Comment Dean Long of 265 Overstreet Court, Palm Harbor commented: He is in violation; someone tried to book from October 1 - January 2 and one of the units they were trying to book was a bottom floor unit that did not have the final inspection. He recommended another unit to them; they were on vacation and he was trying to do it from his phone and they said they could not book. He checked it and it said for 90 days, for which October 1 - January 2 was well within the range. He told them to wait and he went in and changed it and then they booked for September. He did go back and cancel the reservation not within the 90-day criteria. He is at fault. Board Questions Mr. Reynolds verified with Mr. Long the website he operates and noted on that website the suite is advertised weekly. Mr. Long stated he has not updated that site since they bought it. Staff Recommendation Repeat Violation - Case 25-1707 Requesting a fine in the amount of $500.00 per day August 14, 2025, and August 15, 2025, totaling $1,000.00 Board Comments Mr. Reynolds noted the respondent is currently advertising for weekly rates and asked if that violates the ordinance.

Regular Meeting September 2, 2025 Dunedin Code Enforcement Board 7 Assistant City Attorney Daiker advised it could be interpreted that way, although he thought the Board did not necessarily have to if the respondent is not actively doing that. From the Respondent's testimony and the testimony of staff, the booking site does not do that. He would say there is an actuality intent requirement for actually doing it. Mr. Reynolds noted the fine will cap out and it is the cost of doing business for the respondent, and he asked if the Board could do anything beyond that. Assistant City Attorney Daiker advised he was aware that at the next meeting the Board's regular Attorney is going to present alternative code enforcement procedures that could be used for this type of situation. In their power as the Code Enforcement Board, they are limited in what they can do. MOTION: Mr. Reynolds moved in Case 25-1707 for the property located at 2685 St. Josephs Dr E, to find the Respondents, Dean and Suzanne Long, were previously found to be in violation of the City of Dunedin Code Section 103-14.8.1 from January 18, 2023, to March 1, 2023, pursuant to the Order of the Board on Case 23-0000898, dated March 16, 2023, and is in Repeat Violation of the City of Dunedin Code of Ordinances Section 103-14.8.1 beginning on August 14, 2025, and is currently in non-compliance. Based on the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator, a fine of $500.00 per day is imposed from the date the Respondents were in non-compliance commencing on August 14, 2025 not to exceed 20 days or until such time as the property is brought into compliance. The Respondent is ordered to contact the Code Compliance Office for a reinspection of the property to verify compliance with this order. Second was made by Ms. Hunt Assistant City Attorney Daiker clarified the staff position that the case is in compliance and was in non-compliance for two days, which is different from the motion that was made. He believed the motion was that to come into compliance, the website needs to not advertise the weekly rate. Mr. Reynolds acknowledged that was his intent. VOTE: Motion carried 5 - 2 with Messrs. Gillette, Wielinski, Ms. Hunt, Mr. Sweetser, and Mr. Reynolds voting aye. Voting nay, Mr. Bolduc and Vice-Chair Ballard. 6. OTHER BUSINESS 6.a. Code Enforcement Board Member Comments Mr. Reynolds advised there was a member of the public on social media that indicated a gentleman purporting to be with Dunedin Code Enforcement had approached them about some issue. He would like to provide the public clarification that anyone who works for the City of Dunedin will have photo I.D. and will be in uniform; also, he did not think the City has any male Code Officers. Ms. Phillips verified the City has no male Code Enforcement Officers. 6.b. City Attorney Comments - None 6.c. City Staff Comments - None

Regular Meeting September 2, 2025 Dunedin Code Enforcement Board 8 6.d. Set next meeting date of October 7, 2025. Vice-Chair Ballard announced the next Code Enforcement Board Meeting of October 7, 2025. ADJOURN Motion to adjourn made by Mr. Reynolds and seconded by Mr. Wielinski passed unanimously. Meeting adjourned at 2:32 P. M. NOTE: This meeting was recorded and those recordings are a part of the official file. 4:'p Ud Dunedin Code Enforcement Board

1. CONSENT AGENDA 1.a Approval of draft minutes to Code Enforcement Board Meeting of August 5, 2025. 2. TESTIMONY OATH OF STAFF AND PUBLIC 3. AFFIDAVITS OF COMPLIANCE 4. OLD BUSINESS 4.a Case 24-569 City vs WALVEKAR FLORIDA PROPERTIES LLC 2602 Bayshore Boulevard Violation of the IPMC Section 304.6 Exterior Walls 4.b Case 24-570 City vs WALVEKAR FLORIDA PROPERTIES LLC 2602 Bayshore Boulevard Violation of the IPMC Section 304.9 Overhang Extensions 5. NEW BUSINESS 5.a Case 25-1707 City vs DEAN & SUZANNE LONG NOTICE OF PUBLIC MEETING CODE ENFORCEMENT BOARD CITY HALL, 737 LOUDEN AVE. SEPTEMBER 2, 2025 2:00 PM AGENDA CALL TO ORDER CITIZEN INPUT Opportunity for the Public to address the Board Review and approve. EXHIBIT: A. Draft Minutes 8-5-25 CEB.pdf Swearing in of all staff and public who wish to provide testimony Discussion EXHIBIT: A. 24-569 Board Orders.pdf EXHIBIT: B. 24-569 NOH.pdf EXHIBIT: C. 24-569 AP.pdf Discussion EXHIBIT: A. 24-570 Board Orders.pdf EXHIBIT: B. 24-570 NOH.pdf EXHIBIT: C. 24-570 AP.pdf 1

2685 St. Josephs Dr E REPEAT Violation of the DCO Sec. 103-14.8.1 - Transient Uses Within Certain Zoning Districts; Conditional Use Bed & Breakfast; Intent 6. OTHER BUSINESS 6.a a. Code Enforcement Board Member Comments b. City Attorney Comments c. City Staff Comments d. Set next meeting date of October 7, 2025 Discussion EXHIBIT: A. 25-1707 REPEAT NOV 8-14-25.pdf EXHIBIT: B. 25-1707 NOH for 9-2-25.pdf EXHIBIT: C. 25-1707 AP.pdf Discussion City Attorney to provide update from prior Code Enforcement Board meeting ADJOURN Note: Please put cell phones and pagers on silent or vibrate during the meeting. This meeting is televised; therefore, you may appear on TV at any time. Public Appearance: CITIZEN INPUT is for comments from members of the audience regarding items not listed on the agenda for this meeting (please give name and address and limit all comments to a maximum of three minutes). AS FOR ITEMS ON THE AGENDA individual speakers are limited to a maximum of three minutes. A Representative of a group consisting of 5 individuals who are present during the meeting may speak on behalf of the group for up to 10 minutes at the Chair’s discretion. To do so, the individuals must have waived their time to the representative by providing their name and address on the back of the comment card. Public Hearings: During public hearings the Chair will open the agenda item to the public for comment. If you wish to comment come to the microphone at the podium and give your name and address for the record. Make all comments and queries to or through the Chair. This meeting is for agenda items only. Other issues should be presented to the City Manager or City Clerk for discussion at a future Commission meeting. Appeals: Per Florida Statute 286.0105 - If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Disability Provisions: It is the policy of the City of Dunedin not to discriminate against disabled persons in employment or the provisions of services. If you have a disability that requires accommodation, please notify the ADA Coordinator 48 hours prior to the scheduled meeting at (727) 298-3042. COPIES OF THIS AND ALL COMMISSION AGENDAS ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE CITY CLERK, 737 LOUDEN AVENUE, ON THE MONDAY PRIOR 2

TO THE MEETING DATE. COPIES ARE ALSO AVAILABLE ON THE CITY’S WEBSITE AT WWW.DUNEDINGOV.COM. 3

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