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04/23/2008 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER April 23, 2008 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Richard Avichouser Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Phillip J. Locke Board Member James B. Goins Board Member Also Present: Camilo Soto Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Patricia O. Sullivan 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 286.0108 requires any party appealing a decision of this Board to have a record of the proceedings. 2. PUBLIC HEARINGS 2.1 Case 46-07 – Cont’d from 11/28/07, 01/23/08, 2/27/08 Paula L. Ross (Status Report) 431 Palm Isle SE Required inspections, fees – Wilson Member Keyes moved to continue Case 46-07 to June 25, 2008. The motion was duly seconded and carried unanimously. 2.2 Case 03-08 – Cont’d from 1/23/08, 2/27/08 Paula L. Ross 431 Palm Island SE Waterfront sight visibility triangle – Brown Staff withdrew Case 03-08 as the violation has been corrected. Code Enforcement – 2008-04-23 1 2.3 Case 04-08 – Cont’d from 1/23/08, 2/27/08 Paula L. Ross 431 Palm Island SE Fence standards – Brown Staff withdrew Case 04-08 as the violation has been corrected. 2.4 Case 47-07 – Cont’d from 11/28/07, 03/26/08 Jason L. & Celia J. Tilley 912 Magnolia Drive Exterior Storage, Residential Grass Parking, Landscaping - Ruud Assistant City Attorney Camilo Soto said recent surgery precluded property owner Jason Tilley from speaking today. At the November 28, 2007, MCEB (Municipal Code Enforcement Board) meeting, Mr. Tilley had admitted to the violations and reviewed his plans to comply by February 28, 2008, by razing the structure and constructing a new house. Rather than declare a violation, the MCEB continued the item to March 26, 2008, and then to today. Mr. Tilley’s representative, Maddy Dupree, discussed landscaping problems. She said architectural plans for a new house are now complete. She said permit applications have been obtained but a demolition permit application has not been submitted. She said the property is occupied. Concern was expressed that Mr. Tilley had indicated compliance by February 28, 2008. In response to a question, Mr. Tilley indicated in writing, he hoped all permits would be obtained within one month. Inspections Specialist Alan Ruud said it would not be difficult for the property owner to abate ongoing violations for exterior storage, residential grass parking, and landscaping. Staff would provide ground cover information. He recommended the property be brought into compliance by May 23, 2008, or a fine of $150 per day, per violation, be imposed. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on November 28, 2007 and April 23, 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, and an admission of guilt by the Respondent and Respondent’s representative, it is evident that exterior storage and residential grass parking are occurring on the property and landscaping requirements are not being met. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1502.G, 3-1407.A.4, & 3-1502.H.2 as referred in the Affidavit in this case. Code Enforcement – 2008-04-23 2 ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code within 30 days (May 23, 2008). If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150 per day per violation for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Alan Ruud, 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 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. 2.5 Case 10-08 – Cont’d from 2/27/08 Wells Fargo Bank NA 811 Druid Road Ext. storage, window & door openings - Ruud AND 2.6 Case 11-08 – Cont’d from 2/27/08 Wells Fargo Bank NA 811 Druid Road Abandoned bldg, health & safety nuisance – Ruud Attorney Soto said Ed Sharp, potential purchaser of the property, has had difficulty due to the lien, and on February 27, 2008, the MCEB had reduced the lien on the property to $2,500, subject to his purchase of the property. He said the Sharps are here today to provide a status report. Mr. Matt Sharp, Ed Sharp’s son, said financing had been procured and he is working to renegotiate the purchase contract, which had expired. He hoped renovations could begin within two months. Attorney for the Board Andy Salzman said the lien would return to its original amount if Ed Sharp does not purchase the property. Mr. Ruud expressed concern there are no immediate plans to bring this derelict building into compliance. He said the City is preparing to post it for debris and overgrowth violations. Code Enforcement – 2008-04-23 3 Attorney Salzman requested the City delay action for 60 days, as it would create an additional problem at closing. He said Wells Fargo Bank would most likely not address the violations, and indicated the Sharps cannot legally enter the property to correct them. He recommended the Board schedule another 60-day status check. Attorney Soto said the City is concerned about property deterioration and could declare the building unsafe and demolish it. Mr. Sharp said the $2,500 fine is more than the administrative costs. He suggested the fine amount also could cover costs for new fines related to overgrowth and debris. Consensus was to schedule a status check on June 25, 2008. 2.7 Case 14-08 Clearwater Cay Community Development 18401 US Hwy 19 N Temporary Use Standards – Franco No one was present to represent the property owner. Inspector Peggy Franco provided a PowerPoint presentation. During her initial inspection on April 17, 2007, a large construction trailer was on site. No construction was underway. A site photograph showed the trailer. The trailer’s temporary use permit had expired April 4, 2007. On April 18, 2007, Project Manager Greg Sims said the trailer would be removed or the permit extended. No action occurred and a notice of violation was issued on May 17, 2007. While the construction trailer was not moved by August 9, 2007, staff delayed action as a flexible development application for the site was in the system. That application was withdrawn on October 1, 2007, with no corrective action. February 19, 2008, photographs of the construction trailer showed signs of possible transient use with a broken window and accumulated debris nearby. Ms. Franco said she would have recommended bringing the property into compliance by May 14, 2008, or a fine of $250 per day be imposed, but a crew securing the unit today indicated the trailer would be gone tomorrow. She requested a finding of violation with no fine. Attorney Salzman recommended the Board Order include a $250 a day fine if the property is not brought into compliance to assure the trailer’s removal. Attorney Soto submitted composite exhibits. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on April 23, 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 temporary use standards have not been met. The Respondent was not present and had no representation. Code Enforcement – 2008-04-23 4 CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1-104.B and 3-2103.A.6 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 May 15, 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 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. 2.8 Case 15-08 Warren Mc Kinney 1130 Engman Street Public Nuisance Appeal – Collins Staff withdrew Case 15-08 as the property is now in compliance. 2.9 Case 44-07 – Cont’d from 1/23/08 Nickel Plate Properties, Inc. (Status Report) 2165 Gulf-to-Bay Boulevard Public Nuisance/ Buildings/Lot Clearing/Unmaintained r-o-w – Franco Attorney Soto reported representative Marianne Hale said the President of Nickel Plate Properties was unable to attend today’s meeting due to a family emergency and requested a continuance. Code Enforcement – 2008-04-23 5 Member Campbell moved to continue Case 44-07 to May 28, 2008. The motion was duly seconded and carried unanimously. 3. UNFINISHED BUSINESS 3.1 Case 26-07 - Affidavit of Compliance Capri Mobile Home Park Inc. 24195 US Hwy 19 N Required Inspections – Wright AND 3.2 Case 40-07 - Affidavit of Compliance Jose D. Diaz Margaret Smith 2090 N Keene Rd. Inoperative Vehicle/ Outdoor Display/Storage/ Exterior Storage/Rotten Boards/Fences – O’Neil Member Keyes moved to accept the Affidavits of Compliance for Cases 26-07 and 40- 07. The motion was duly seconded and carried unanimously. 4. OTHER BOARD ACTION/DISCUSSION 4.1 Case 03-07 – Fine Reduction Request Real Global Investments, LLC 2400 Gulf-to-Bay Boulevard Signs, Exterior Surfaces, Public Nuisance – Franco Bart Saunders, representative, said the structure was razed and the property was remediated and maintained for one year. Board Secretary Diana reported the original fine was $17,250. Administrative costs total $1,416.80. Ms. Franco said the property has been well maintained and the City has received no complaints from neighbors. Staff did not object to reducing the fine to $1,500. Mr. Saunders agreed to the amount. Member Keyes moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on April 23, 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 Affidavits of Compliance accepted by the Board on August 22, 2007, 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 May 23, 2007, as recorded in O.R. Book 15841, Pages 550-559, of the public records of Pinellas County, Florida, is hereby reduced from $17,250 to $1,500payable to the Petitioner within 30 days of today’s hearing. If the reduced fine is not paid within the time specified in this Code Enforcement – 2008-04-23 6 Order, a lien in the original amount of $17,250 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. 5. NUISANCE ABATEMENT LIEN FILINGS: Thomas W. Martin PNU2007-02740 1267 Pierce Street 15-29-15-38574-008-0060 $225.00 Lydia I. Lopez PNU2007-01639 1364 Fairmont Street 03-29-15-8388-01-70 $441.05 Court Street Townhomes LLC PNU2007-00902 830 Court Street 15-29-15-00108-010-0060 $625.00 Francis E. Simmons PNU2007-01552 1267 Park Street 15-29-15-38574-004-0050 $494.25 Matthew W. Thompson PNU2007-01615 1340 Overlea Street 10-29-15-69066-004-0160 $442.85 Matthew W. Thompson PNU2007-01614 1341 Overlea Street 10-29-15-69066-005-0010 $527.60 Member Keyes moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES – March 26, 2008 Member Keyes moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of March 26, 2008, as submitted in written summation to each Board member. The motion was duly seconded and carried unanimously. OTHER - Case 33-99Request for rehearing Melvin Spinoza request for fine reduction Attorney Salzman reported on the lawsuit filed by Melvin Spinoza. In an effort to resolve the matter without spending more money on attorney fees, Assistant City Attorney Leslie Dougall- Sides and Attorney Salzman requested the MCEB rehear Mr. Spinoza’s fine reduction request. Code Enforcement – 2008-04-23 7 Member Keyes moved to rehear Case 33-99, Melvin Spinoza's request for a fine reduction on May 28,2008. The motion was duly seconded. It was requested that staff provide the board w.ith a timeline of the suit. Upon the vote being taken, the motion carried unanimously. 7. ADJOURN: ~ The meeting adjourned at 4:08 p.m. Ch ir Mu icipal Code Enforcement Board ~ '----.., ~ .~ Secr 0 the Board Code Enforcement - 2008-04-23 8