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02/27/2008 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 27, 2008 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Kelly Wehner Board Member Richard Avichouser Board Member Richard Adelson Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Also Present: Camilo Soto Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Brenda Moses Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0107 requires any party appealing a decision of this Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. Case 46-07 – Cont’d from 11/28/07, 1/23/08 Paula L. Ross 431 Palm Isle SE Required inspections, fees – Wilson B. Case 03-08 – Cont’d from 1/23/08 Paula L. Ross 431 Palm Island SE Waterfront sight visibility triangle – Brown C. Case 04-08 – Cont’d from 1/23/08 Paula L. Ross 431 Palm Island SE Fence standards – Brown D. Case 05-08 – Cont’d from 1/23/08 Paula L. Ross 431 Palm Island SE Accessory structure installed w/o permit – Brown Code Enforcement 2008-02-27 1 Assistant City Attorney Camilo Soto addressed Cases 46-07, 03-08, 04-08, and 05-08 together. He said the property owners have retained counsel and requested Cases 46-07, 03-08, 04-08, and 05-08 be continued. He said methods to bring the property up to code have been discussed and referred to a letter dated February 19, 2008 that details the Ross’ understanding of the timeframes for compliance. The property owners are required to remove 50% of the vegetation planted within the site visibility triangles and replace an opaque six-foot high panel with a four-foot, non-opaque panel on the east and west sides of the property. The property owners are in the process of a large remodeling project on their home. Staff requests that Case 05-08 be continued for 120 days of this meeting, as that case involves a large structure that requires removal with a crane to comply with Code. He said staff will continue to monitor Case 46-07, which involves pending litigation related to the thatch-roof structure. He suggested the Board be given a 60-day update regarding the status of Case 46-07. Member Daniels moved to continue Cases 46-07, 03-08, and 04-08 for 60 days, and Case 05-08 for 120 days. The motion was duly seconded and carried unanimously. E. Case 10-08 Wells Fargo Bank NA C/O Smith, Hiatt & Diaz PA 811 Druid Road Ext storage, window & door openings – Ruud F. Case 11-08 Wells Fargo Bank NA C/O Smith, Hiatt & Diaz PA 811 Druid Road Abandoned bldg, health & safety nuisance - Ruud Cases 10-08 and 11-08 were heard together. Code Enforcement Inspector Shelby Brown presented a PowerPoint presentation. Ms. Brown said this residential property has a history of maintenance issues. The property is currently unoccupied. Photographs taken of the property on November 15, 2007 and on January 7, 2008, indicate an abandoned building creating a health, safety and welfare nuisance, broken and boarded windows and doors, and an overall lack of exterior maintenance. The initial date of inspection was November 15, 2007 and the date of the Notice of Violation was November 15, 2007. Staff recommends all windows and doors be repaired and/or replaced, siding be replaced, and exterior surfaces be painted for a uniform finish within 30 days or a fine of $250 per day be imposed. In response to a question, Ms. Brown said Wells Fargo Bank is the current property owner. She said an interested buyer for the property is scheduled to address the Board later in the meeting regarding a fine reduction. Ed Sharp, potential buyer, stated he had a contract to purchase this property a year ago. He had performed a survey, home inspection, and had obtained bids from a general contractor to upgrade the electrical system, air conditioning, etc. However, he was informed at closing of substantial liens on the property, and subsequently did not purchase the property. He said he is still interested in buying the property, however, his lender would not approve a loan due to the Code Enforcement 2008-02-27 2 liens. He said the fines now exceed the value of the property. He anticipates 30 to 60 days to renovate the property. However, it could take 120 days or more to complete the purchase. Attorney for the Board Andy Salzman stated the Board could reduce the fines subject to Mr. Sharp’s purchase of the property. Should Mr. Sharp decide not to purchase the property, the fines would revert back to the original amount. Discussion ensued and it was suggested continuing these cases to provide Mr. Sharp an opportunity to purchase the property. Member Keyes moved to continue Cases 10-08 and 11-08 to April 23, 2008. The motion was duly seconded and carried unanimously. Mr. Soto submitted City composite exhibits. 2. UNFINISHED BUSINESS A. Case 03-05 (Cont’d from 1/26/05) Lawrence E. & Sandra J. Fuentes Albert C. & Margaret H. Kreischer, Jr. 779 Eldorado Avenue Short-term rental Assistant City Attorney Leslie Dougall-Sides said the Board heard this case in April 2005 and continued it indefinitely contingent upon a lawsuit involving a short-term rental use prior to adoption of Ordinance 7105-03. She said staff closed the case in December 2007 when short- term rental of the property had ceased. She said if the property owner can demonstrate that there were short-term rentals of the property prior to April 17, 2003, the property can be grandfathered in according to the previous Code. Additionally, if the board issues a finding of no violation, the City will not pursue further action regarding short-term rentals of this property. Attorney Mary Ann Hale, representative, stated the co-owners of this property, the Fuentes and Kreischers, purchased the property in 2001 at which time they engaged in short- term rentals until 2003 when the City banned short-term rentals. The owners did not join the Allbritton lawsuit, which contested the short term rental ordinance. The property owners were cited for short-term rentals. The judge in the Allbritton lawsuit ordered that properties with short- term rentals prior to April 17, 2003 were entitled to grandfather status. Property owner Lawrence Fuentes said he and wife and the Kreischers purchased the property in 2000 and engaged in short-term rentals shortly thereafter. Mr. Fuentes provided documentation of nine instances of short-term rentals of the property. In response to a question, Mr. Fuentes stated he refrained from renting the property on a short-term basis immediately after he was cited. Ms. Hale requested the documentation provided by Mr. Fuentes be entered into the record. She requested the Board find there was short-term rental activity at this property prior to the adoption of the April 2003 ordinance that prohibits short-term rentals. She said the Board’s finding will resolve the Code violation issue and entitle the property owners to continue short- term rentals at this property. Code Enforcement 2008-02-27 3 Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on April 27, 2005 and February 27, 2008, after due notice to the Respondent(s), and having hear testimony under oath and received evidence, the Board issues to the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident that the condition does not exist. CONCLUSIONS OF LAW The Respondents are not in violation of the City of Clearwater Code Section 1-104.B as referred to in the Affidavit in this case. ORDER It is the Order of the Board that Case 03-05 shall be dismissed. The motion was duly seconded and carried unanimously. B. Case 76-06 - Affidavit of Compliance Gratoor Investments LLC 3 Summit Lane Exterior Surfaces Parking Lot Surfaces – Ruud Member Wehner moved to accept the Affidavit of Compliance for Case 76-06. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 37-06 – Request for Fine Reduction Wells Fargo Bank NA 811 Druid Road E. Permits/inspections – Coccia (Fine - $113,900 - 2007 just market value) Ed Sharp, potential purchaser of the property, requested a reduction in fines so that he can purchase the property. He said once he pulls appropriate permits and receives a letter from the City indicating the fines will be reduced to a specific amount, he can submit a loan application to his bank. Mr. Salzman reported the fine is $113,900 and administrative costs to date are $912. Mr. Sharp stated he anticipates purchase of the property could take up to 150 days, as it is still bank owned. In response to a question, he said he would update the Board regarding his progress. He offered to pay $2,500 in fines to compensate the City for their time and to cover the City’s administrative costs. Mr. Soto stated that the City is not opposed to a 60-day status check of Mr. Sharp’s progress to purchase the property. Code Enforcement 2008-02-27 4 Member Avichouser moved that the Municipal Code Enforcement Board has considered a request for reconsideration of fine at a hearing held on February 27, 2008, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by Mr. Ed Sharp, potential purchaser of the property, it is evident a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated January 24, 2007, as recorded in O.R. Book 15623, Pages 1246, of the public records of Pinellas County, Florida, is hereby reduced from $113,900 to $2,500, subject to the purchase of the property by Ed Sharp, potential purchaser, payable to the Petitioner at closing. If Mr. Sharp does not purchase the property or the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $113,900 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. B. Case 33-99 – Request for Fine Reduction Melvin Spinoza 1632 Drew Street Permits/inspections (Fine - $56,600) Ms. Dougall-Sides reported this 1999 case involves a shed that was installed without permits and inspections. She said the fines totaled $56,600 prior to compliance. The property owner, Melvin Spinoza, filed a lawsuit against the City last year. The City filed a motion to dismiss the lawsuit, which was granted by the judge. She said the judge suggested Mr. Spinoza come before this Board regarding a fine reduction. Ms. Dougall-Sides reported the administrative costs to date are $1,623. Staff recommended the fines not be reduced to less than $15,000 due to the substantial amount of time it took for Mr. Spinoza to come into compliance. Property owner Melvin Spinoza said the judge suggested he come before the Board to request the fines be eliminated. In response to a question, Mr. Spinoza said his hardship is that he cannot sell or rent the property due to the fines that have accrued. He said the property is vacant and he is paying taxes, insurance, and the mortgage on the property. It was noted Mr. Spinoza was originally cited in 1999 and did not come into compliance until 2005. In response to a question regarding why it took so long to come into compliance, it was indicated Mr. Spinoza did not agree that he was in violation. Mr. Spinoza said he suffered enough during the two years the property was vacant. He said the City owes him for his suffering. He said although it was never in violation, he removed the shed. He said the City is violating his property rights and that he is not asking for anything he is not entitled to. He felt he is the one being harmed. Mr. Soto said Mr. Spinoza has chosen not to acknowledge the violation and is now claiming it is a hardship. Development & Neighborhood Services Director Jeff Kronschnabl said the City’s goal is to bring properties into compliance, not to create hardships for citizens. Staff worked with Mr. Code Enforcement 2008-02-27 5 Spinoza for years to try to gain compliance on this property. He felt it appropriate for the City to receive administrative costs and penalties in this case, as the situation has continued for a five- year period. He said Mr. Spinoza chose to combat the situation. Member Campbell moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on February 27, 2008, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent and considering the Affidavit of Compliance accepted by the Board on July 27, 2005, it is evident a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated August 4, 2000, as recorded in O.R. Book 10804, Pages 1038-1040, of the public records of Pinellas County, Florida, and amended as recorded in O.R. Book 14514, Pages 1613-1614, of the public records of Pinellas County, Florida, is hereby reduced from $56,600 to $15,000 payable to the Petitioner by April 27, 2008. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $56,600 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded. Members Keyes, Wehner, Adelson, Campbell, and Daniels voted “Aye”; Member Avichouser voted “Nay”. Motion carried. C. Case 19-07 – Request for Fine Reduction Magdaleno A. Iraheta 1628 Harvard Street Outdoor Display/Storage & Exterior Storage – O’Neil (Fine - $16,050) No one was present to represent the owner. Member Keyes moved to deny the request for fine reduction. The motion was duly seconded and carried unanimously. D. Cases 76-06 & 77-06 - Request for Fine Reduction Gratoor Investments LLC 1512 & 1508 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud ($56,000 & $42,250) Inspector Brown said these problematic commercial properties were brought into compliance via demolition. The owner, Kyle Vorhees is requesting the reduction of the fines. Robert Chapman, representing the owner, said Mr. Vorhees had lost contact with his business partner who had assured him the properties were being taken care of and the demolition of the properties had taken place. However, this was not the case and fines continued to accrue on the property. Mr. Chapman said Mr. Vorhees has spent approximately $25,000 to have both buildings demolished and intends to sell the properties. Code Enforcement 2008-02-27 6 Mr. Soto reported administrative fines are $1,587.50 for both properties. He stated the City has no objection to reducing the fines to the administrative costs. In response to a question, Mr. Vorhees stated he could pay the reduced fine within 30 days. Member Wehner moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fines at a hearing held on February 27, 2008, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fines filed by the Respondent, it is evident that reduction in fines are appropriate in the above-referenced cases. It is the Order of this Board that the fines previously imposed in the Orders of the Board dated November 28, 2007, as recorded in O.R. Book 16086, Pages 1247-1252 and O.R. Book 16086, Pages 1253-1258, of the public records of Pinellas County, Florida, are hereby reduced from $56,000 and $42,250 to $1,587.50payable to the Petitioner by March 27, 2008. If the reduced fine is not paid within the time specified in this Order, liens in the original amounts of $56,000 and $42,250 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. 4. NUISANCE ABATEMENT LIEN FILINGS Alice J Covington. PNU2007-02028 1437 Thames Lane 02-29-15-10926-000-0660 $450.00 Eric Morrell PNU2007-02403 1515 Erin Lane 02-29-15-87714-000-0340 $320.00 Omsharan Kenneth PNU2007-02479 2804 Edenwood Street 08-29-16-99099-002-0020 $320.00 Spyridon Leris PNU2007-02342 1848 Emory Drive 06-29-16-17256-000-0090 $320.00 Member Keyes moved to accept the nuisance abatement lien filings. The motion was duly seconded and carried unanimously. 5. APPROVAL OF MINUTES – January 23, 2008 Member Daniels moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of January 23, 2008, as submitted in written summation to each Board member. The motion was duly seconded and carried unanimously. Items Not on the Agenda Dan Bates was introduced as the City’s new Development Services Manager. He reviewed his background and said he looks forward to working with everyone. Code Enforcement 2008-02-27 7 The Chair reported that this is Member Adelson's last meeting. He has resigned to serve on the Community Development Board. He was thanked for his service. Member Adelson said it has been a pleasure working with everyone. 6. ADJOURN The meeting adjourned at 4: 11 p.m. Code Enforcement 2008-02-27 0~~ nforcement Board 8