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05/28/2008 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 28, 2008 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Richard Avichouser Board Member Ronald V. Daniels Board Member James B. Goins Board Member Absent: David W. Campbell Board Member Phillip J. Locke Board Member Also Present: Camilo Soto Assistant City Attorney Fabian Lokenauth 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 44-07 – Cont’d from 1/23/08, 4/23/08 Nickel Plate Properties, Inc. (Status Report) 2165 Gulf-to-Bay Boulevard Public Nuisance/ Buildings/Lot Clearing/Unmaintained r-o-w – Franco Representative Marian Hale presented a status report. Approximately half of the 200 mobile homes have been removed. Within 60 days, she said 38 more will be removed and pads will be cleared. She said litigation related to 64 mobile homes should be concluded soon. Code Inspector Peggy Franco stated the project is progressing slowly due to litigation and asbestos issues. She recommended the property owner provide another status report in three months. Member Keyes moved to continue Case 44-07 to August 27, 2008. The motion was duly seconded and carried unanimously. Code Enforcement – 2008-05-28 1 2.2 Case 16-08 Cheryl Woodruff 710 Ruskin Rd. Public Nuisance/Exterior Storage – Phillips No one was present to represent the owner. Code Inspector Julie Phillips provided a PowerPoint presentation. Staff worked with the property owner in 2006 and 2007 regarding these same violations. Those problems were resolved after a significant number of courtesy telephone calls. A notice of violation was issued on March 6, 2008, following the first inspection. Property photographs on that date show vegetation overgrowth, a pile of debris in the rear, mold and mildew on the exterior surfaces of the house, and yard debris on pedestrian sidewalks. The house has been vacant for four years. Current County Property Appraiser records list Cheryl Woodruff as owner. Ms. Phillips recommended the property comply within 30 days or a fine of $150 per day per violation be imposed. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on May 28, 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 that overgrown vegetation on the property and yard debris on the sidewalk cause a public nuisance and that mold and mildew cover exterior surfaces. The Respondent was not represented. CONCLUSIONS OF LAW 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1503.B7 & 8 & 3-1502.B 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 June 30, 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 Julie Phillips, 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 Code Enforcement – 2008-05-28 2 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. 2.3 Case 17-08 Jaqueline D. Keating John J. Doudera 2616 Fallsrock Drive Lot Clearing & Outdoor Storage – Phillips Property owner Jaqueline Keating admitted to the violation. Inspector Phillips said the property is in compliance. Attorney Soto requested a declaration of violation. Should a repeat violation occur, a fine may be imposed. He submitted composite exhibits. Member Goins moved that this case came before the City of Clearwater Code Enforcement Board on May 28, 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, and an admission of guilt by the Respondent, 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- 1503.B.7 & 3-912 as referred to in the Affidavit in this case. Code Enforcement – 2008-05-28 3 ORDER It is the Order of this Board that no fine will be imposed against the Respondents(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine for each day the violation exists after the Respondent(s) is/are notified of the repeat violation. 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. 2.4 Case 18-08 Homer Realty Co. 387 Mandalay Ave. Windows - Brown No one was present to represent the property owner. Code Inspector Shelby Brown provided a PowerPoint presentation. The initial inspection was on September 5, 2007. A courtesy letter was sent on December 17, 2007. A second courtesy letter was sent to the property owner’s Clearwater home address on January 4, 2008. Ms. Brown spoke via telephone with him regarding the violation on January 3, and February 20, 2008. Photographs of the property on February 7, 2008, indicate a portion of a window is boarded with plywood. A Notice of Violation was issued on February 14, 2008, and the property was posted with a Notice of Hearing on May 16, 2008. Photographs of the property on that date indicate a portion of the window remains boarded. Inspector Brown recommended the property comply by June 11, 2008, or a fine of $250 per day be imposed. The property previously was brought into compliance within the MCEB (Municipal Code Enforcement Board) ordered compliance date for a different violation. Attorney Soto submitted composite exhibits. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on May 28, 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: Code Enforcement – 2008-05-28 4 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that a window is covered with plywood. The Respondent was not represented. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1502.C.3 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 June 11, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Shelby Brown, 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 19-08 Victor G. Harberson 3131 Featherwood Court Outdoor Display/Storage, Exterior Storage, Business In Residence - Franco No one was present to represent the property owner. Inspector Franco provided a PowerPoint presentation. The initial inspection was on March 12, 2008. Photographs taken on that date indicated large commercial signs stored in the driveway and on the side of the house along with assembly materials. Following courtesy letters, no corrective action was taken by April 1, 2008. A Notice of Violation was issued on April 7, 2008. No corrective action was taken by April 24, 2008. On that date, two neighbors verified that a commercial sign making business operated out of the subject residence. The Code Enforcement – 2008-05-28 5 neighbors were under the impression that the residents were moving. Photographs of the property on April 24, 2008, showed commercial signs and rolled up carpeting added to the pile of materials on the side of the house. Inspector Franco recommended the property be brought into compliance by June 11, 2008, or a fine of $250 per day be imposed. In response to a question, no occupational license for the property was issued. Attorney Soto submitted composite exhibits. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on May 28, 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 that a sign business is operated at the residence and that assembly materials and large commercial signs are stored outside. The Respondent was not represented. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-912, 3- 1502.G & 1-104.B 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 June 11, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 per day 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. Code Enforcement – 2008-05-28 6 The motion was duly seconded and carried unanimously. 3 - UNFINISHED BUSINESS 3.1 Case 50-07 - Affidavit of Compliance Robert McGregor, Jr. Amy McGregor 2477 Chaucer St. Hauling Trailer, Residential Grass Parking, Landscaping – Franco 3.2 Case 13-08 - Affidavit of Non-Compliance Gulf to Bay Venture 2990 Gulf-to-Bay Boulevard Public Nuisance, Graffiti, Lot Clearing – Franco 3.3 Case 14-08 - Affidavit of Compliance Clearwater Cay Community Development c/o Fishkind & Assoc 18401 US Hwy 19 N Development Code Violation/Temporary Use Standards – Franco 3.4 Case 35-07 – Affidavit of Non-Compliance Florence Panteles 1501 S. Ft. Harrison Ave. Exterior/Parking Lot Surfaces- Ruud Member Keyes moved to accept the Affidavits of Compliance for Cases 50-07 and 14-08 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 13-08 and 35-07. The motion was duly seconded and carried unanimously. 4 - OTHER BOARD ACTION/DISCUSSION 4.1 Case 33-99 – Request for Fine Reduction Melvin Spinoza 1632 Drew Street Permits, Inspections The MCEB previously reduced Melvin Spinoza’s fine from $56,000 to $15,000. Assistant City Attorney Leslie Dougall-Sides reported on the lawsuit filed by Mr. Spinoza to reduce his fine further. Staff has agreed to not oppose Mr. Spinoza’s request to reduce his fine to $1,500 plus $1,623 administrative costs for a total of $3,123. If the Board agrees to this request, Mr. Spinoza would dismiss his lawsuit with prejudice. If the MCEB does not approve this agreement, litigation could proceed and cost the City a lot more money. Attorney for the Board Fabian Lokenauth supported staff’s recommendation. Member Keyes moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on May 28,2008, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. Code Enforcement – 2008-05-28 7 ,Alter considering the request for reduction of fine filed by the Respondent and considerll1g the Affidavit of Compliance accepted by the Board on July 27, 2005, it is evident that a rei: uction 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 26,2000, as recorded in OR. Book 10804, Pages 1038-1040, and amended as recordec in O.R. Book 14514, Pages 1613-1614, of the public records of Pinellas County, Florida, i~i hereby reduced to $1500.00 plus administrative costs of $1623.00, for a total of $3123.01:, payable within seven days of the date of this Order, and according to the Stipulation filed by Hie parties in Circuit Court Case No. 07-9480-CI-21, that Case will be dismissed with prejudicE!. If the fine is not paid within the time specified in this Order, a lien in the original amount d $56,600 shall be recorded in the public records of Pinellas County, Florida. Tile motion was duly seconded. Members Keyes, Avichouser, Goins, and Chair Williams voted "A,e"; Member Daniels voted "Nay." Motion carried. 5 - NUI~!~NCE ABATEMENT LIEN FILINGS F~akesh Patel 1 :W9 N Garden Avenue (I! ~-29-15-25920-000-0370 PNU2008-00052 $400.00 Crescenzo Land Holdings, Inc 1313 N Martin Luther King, Jr. Avenue 1 ')-29-15-33552-004-0320 PNU2008-00219 Flonald Ramsay 1 ,t37 Joel Lane (12-29-15-10926-000-0390 $420.00 PNU2008-01326 $382.55 rllember Keyes moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6 - APP :tOVAL OF MINUTES - April 23, 2008 IJlember Goins moved to approve the minutes of the regular Municipal Code Enforce "lent Board meeting of April 23, 2008, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7 - ADJ(:IURN .-he meeting adjourned at 3:50 p.m. '\ Attest: h. ~~ Boa~ etary ""~(.D-~ Chair, M icipal Code Enforcement Board Code Enforcement - 2008-05-28 8