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03/26/2008 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 26, 2008 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Phillip J. Locke Board Member Richard Avichouser Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Vacant Seat Board Member Also Present: Camilo Soto Assistant City Attorney Fabian Lokenauth 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 47-07 – Cont’d. from 11/28/08 Jason L. & Celia J. Tilley 912 Magnolia Drive Exterior Storage, Residential Grass Parking, Landscaping – Ruud Case 47-07 was continued by staff to April 23, 2008. B. Case 12-08 Jeffrey S. Skifstad 700 S Keene Road Hauling Trailer, Exterior Storage, Outdoor Display – Franco No one was present to represent the owner. Code Enforcement Inspector Peggy Franco provided a PowerPoint presentation. Photographs taken of the property indicate exterior storage, including a hauling trailer, buckets, chlorine containers, etc. She said the homeowner operates a pool company from his home. The initial inspection of the property was June 6, 2007. The property has been in and out of compliance. The property is currently in compliance. Ms. Franco asked the Board for a declaration of violation with no fine. She said she explained the repeat violation process to Mr. Skifstad. Code Enforcement 2008-03-26 1 Member Keyes moved his case came before the City of Clearwater Code Enforcement Board on March 26, 2008, after due notice to the Respondent(s), and having heard 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 the condition existed; however, it is further evident this condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 3- 912, 3-1407.A.2.b, and 3-1502.G as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. The motion was duly seconded and carried unanimously. Assistant City Attorney Camilo Soto submitted composite exhibits. C. Case 13-08 Gulf to Bay Venture I, LLC 2990 Gulf-to-Bay Boulevard Public Nuisance, Graffiti, Lot Clearing - Franco No one was present to represent the owner. Ms. Franco provided a PowerPoint presentation. She said the subject property is vacant and is creating a health, safety, and welfare nuisance condition. Photographs taken of the property indicate graffiti, pests, trash, debris, an overflowing dumpster, and other associated nuisances. In addition, there are transients and homeless people living on the property. Ms. Franco said she spoke to the owner’s representative regarding the problems. She said on January 25, 2008, she called Waste Management regarding the overflowing dumpster and it Code Enforcement 2008-03-26 2 was removed the following day. Ms. Franco said on February 7, 2008 she left a message with the owner requesting that they comply by February 11, 2008, but no corrective action was taken. She recommended compliance for all violations by April 21, 2008 or a fine of $250 per day be imposed. She believed the property owner has given up on trying to maintain the property due to the transients. In response to a question, she said unless the property owner requests police involvement regarding the trespassers, nothing can be done. There are residences and a mobile home park surrounding the subject property. Mr. Soto submitted composite exhibits. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on March 26, 2008, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident the vacant building is causing a public nuisance by attracting transients, graffiti, pests, trash, debris, and other associated nuisances. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1503.B.1, 3-1503.B.2, 3-1503.B.7, 3-1503.B.9, and 3-1504, as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by April 21, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the Code Enforcement 2008-03-26 3 execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. The motion was duly seconded and carried unanimously. 2. UNFINISHED BUSINESS 3. OTHER BOARD ACTION/DISCUSSION B. Case 19-07 – Request for Fine Reduction Magdaleno A. Iraheta 1628 Harvard Street Outdoor Display/Storage & Exterior Storage – O’Neil (Fine - $16,050) Property owner Magdaleno Iraheta stated he did not receive the notices of violation as they were sent to his tenants’ property. He stated when he moved from the subject property, he notified the post office, however, did not notify the property appraiser’s office of his new address. The property appraiser’s site listed the rental property’s address as Mr. Iraheta’s mailing address. Code Enforcement Inspector Corey O’Neil said that once Mr. Iraheta learned of the violations, he brought the property into compliance within three weeks. Member Keyes moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on March 26, 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 November 28, 2007, it is evident that 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 September 26, 2007, as recorded in O.R. Book 16006, Pages 178-183, and amended as recorded in O.R. Book 16075, Pages 1165-1166, of the public records of Pinellas County, Florida, is hereby reduced from $16,050.00 to $600.00payable to the Petitioner within 30 days (April 25, 2007). If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $16,050.00 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. 4. NUISANCE ABATEMENT LIEN FILINGS James H Luper Dawn M Luper PNU2007-02667 1575 Palmetto Street 11-29-15-62568-007-0050 $315.00 Code Enforcement 2008-03-26 4 Felix Maturell 1487 S Michigan Avenue 22-29-15-99684-000-0140 PNU2007-02188 $700.00 Dustin Kicinski. 1003 Web Avenue 11-29-15-00903-000-1200 PNU2007 -02660 $430.00 Member Keyes moved to accept the nuisance abatement lien filings. The motion was duly seconded and carried unanimously. 5. APPROVAL OF MINUTES - February 27,2008 Member Keyes moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of February 27,2008, as submitted in written summation to each board member, The motion was duly seconded and carried unanimously. New board member, Phillip Locke, was welcomed. 6. ADJOURN The meeting adjourned at 3:28 p.m. I' Ch 'r Mu icipal Code Enforcement Board Attest: ~~~ ~ o~eBoard . Code Enforcement 2008-03-26 5