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07/23/2008 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 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 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 10-08 – Cont’d from 2/27/08, 4/23/08, 6/25/08 Wells Fargo Bank NA 811 Druid Road Ext. Storage, Window & Door Openings – Ruud Case 10-08 was withdrawn by staff. 2.2 Case 11-08 – Cont’d from 2/27/08, 4/23/08, 6/25/08 Wells Fargo Bank NA 811 Druid Road Abandoned Bldg, Health & Safety Nuisance – Ruud Case 11-08 was withdrawn by staff. 2.3 Case 23-08 Frederick A. Singletary 1349 N Highland Avenue Outdoor Display/Storage, Exterior Storage, Public Nuisance – O’Neil Code Enforcement – 2008-07-23 1 The property owner was not present at the beginning of the hearing. Code Enforcement Inspector Corey O’Neil provided a PowerPoint presentation. His first visit to the site was on September 12, 2007, and he issued a notice of violation on September 29, 2007. Mr. O’Neil reviewed conditions related to a 1998 conditional use approval. In November 2006, the MCEB (Municipal Code Enforcement Board) informed the property owner that a fence could be added to the business’ northwest corner and informed him if additional violations occurred within a five-year period, he could be cited for a repeat violation. Photographs of the property taken on September 12 and October 13, 2007, and January 5, February 1, March 11, 20, and 21, April 12 and 13, June 4, 5, 10, 11 and 12, 2008, show appliances outside the fenced area. He said yesterday no appliances were outside the enclosed area. Mr. O’Neil recommended the property comply within one week or a $500 fine be imposed for any day any appliances are seen outside the fence. He said the violation is an attractive nuisance that could be dangerous to children, noting a day care center is next door. An Affidavit of Compliance was issued in January 2007 for the November 2006 violation. Problems began to reoccur in September 2007. Property owner Frederick Singletary arrived at the meeting. He said he runs a one-man business, open 24 hours a day, and he cannot prevent people from dropping off appliances in front of his business. He said he attends college and sometimes is too tired or does not have time to move the appliances, which are sometimes dropped off at 10 p.m. He said when he is overstocked, it sometimes takes a while for him to move appliances dropped off. He felt the code was unfair and said he could not afford a $500 fine. Mr. O’Neil said people continue to complain about the property. He said photographs prove that repeat violations occurred and the property owner could be fined for each day a violation occurred. Discussion ensued with comments that the appliances should be stowed within hours, not days. It was recommended the property owner install barriers and signs to prevent people from discarding appliances in front of his business. Member Campbell moved that this case came before the City of Clearwater Code Enforcement Board on July 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 as follows: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that large appliances, i.e., washers, dryers, freezers, refrigerators, etc. are being displayed and/or stored outside which is not allowed by code and also creates an attractive nuisance condition dangerous to children. Code Enforcement – 2008-07-23 2 CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-912, 3- 1502.F.1 & 3-1503.B.3as referred in the Affidavit in this case and was/were previously found to have violated the same provisions on various dates and therefore, has committed a repeat violation. 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 July 30, 2008. It is also the Order of the Board that the Respondent(s) shall pay a fine of $500.00 per day commencing on July 31, 2008 and continuing for each day the violation continues to exist. Upon complying, the Respondent(s) shall notify Corey O’Neil, who shall inspect the property and notify the Board of compliance. 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. Attorney Soto clarified Mr. Singletary had violated the same provisions in 2006 and recommended he be fined for previous violations. The Board was not in favor of going back and fining Mr. Singletary for past violations. Attorney Soto submitted City composite exhibits. The motion was duly seconded and carried unanimously. 2.4 Case 24-08 Avraham Bensimon 309 S. Pegasus Ave. Buildings – Public Nuisance - Franco Property owner Avraham Bensimon admitted to the violation. Code Enforcement Inspector Peggy Franco said Mr. Bensimon has been fixing up his residential four-plex for a period of time. Since all building permits expired in 2007, the building has sat partially constructed. She said delays are due to the property owner’s financial issues. In response to the Building Inspector’s January 2008, notice of violation for an unsecured structure, Mr. Bensimon boarded doors, replaced some windows, and covered an opening with mesh screen. Also, a hauling trailer is parked illegally on the property. Regarding the hauling trailer, Ms. Franco recommended the property comply within one week or a $200/day fine be imposed and regarding the structure, that the property owner reactivate building permits within three months and complete all required exterior work within six months or a $200/day fine be imposed. Ms. Franco displayed photographs of the property Code Enforcement – 2008-07-23 3 taken on June 13, 2008, that showed the trailer illegally parked, openings in the walls, boarded doors, and a window opening covered with mesh screening. The building meets the definition of an abandoned structure. Mr. Bensimon said the rebar holes must remain open until an inspector approves the windows’ installation. Attorney Soto submitted City composite exhibits. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on July 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 that a hauling trailer is parked between the principal structure and right-of-way and that the vacant structure is causing a public nuisance condition. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1503.B.2, 3-1503.B.1 & 3-1407.A.2.b as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with Section 3- 1407.A.2.b of the City of Clearwater Code by July 31, 2008, and shall comply with Sections 3- 1503.B.2 and 3-1503.B.1 of the City of Clearwater Code by January 31, 2009. If Respondent(s) does/do not comply within the times specified, the Board may order a fine of $200.00 per day per violation for each day the violations continue 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 – 2008-07-23 4 The motion was duly seconded and carried unanimously. 2.5 Case 25-08 H D Clearwater Portfolio 2495 Gulf-to-Bay Boulevard Outdoor Display/Storage – Exterior Storage - Franco Representative Michael Brooks requested Case 25-08 be continued. Attorney Soto said the City wanted the case heard today as problems at the property are ongoing. Member Campbell moved to decline the request to continue Case 25-08. The motion was duly seconded. Mr. Brooks said this Home Depot’s corporate offices are out of state and he was not retained until this week. He requested sufficient time to review the case. Discussion ensued. Upon the vote being taken, Members Campbell, Locke, and Goins, and Chair Williams voted “Aye”; Members Keyes, Avichouser, and Daniels voted “Nay.” Motion carried Code Enforcement Inspector Franco provided a PowerPoint presentation. She said after the Home Depot store withdrew its flexible-standard application for outdoor displays submitted in March 2000, the City began issuing notices of violation in 2002 and 2003. She discussed the interaction between the store’s manager and a previous Code Enforcement Inspector regarding illegal outdoor displays of merchandise. Ms. Franco reviewed her discussions with store managers regarding ongoing outdoor display and storage issues, beginning May 7, 2005. She issued a notice of violation on June 30, 2005, and extended the compliance date in August as the store was making progress toward compliance. On September 14, 2005, she served a notice of violation to Home Depot employee Shawn Swasey. Store representative Denise Moore called that day and said the outdoor storage units were gone and that outdoor display and storage issues would be addressed. Ms. Franco spoke with corporate representative Michelle Lucre on October 6, 2005 and a store manager on October 20, 2005 regarding an event being held without permit. Ms. Franco inspected the site on July 17, 2007 and issued a notice of violation on July 19, 2007. Photographs of the property taken on July 17, 2007, April 29, June 5, and July 11, 2008 show merchandise illegally displayed and wooden pallets stored outside. Ms. Franco said the business could apply for flexible development approval to address some violations. She recommended that the property comply by August 6, 2008 or a $250/day fine be imposed. She also recommended a compliance date three to four months out if the store submits a flexible development application and follows through with the process. Mr. Brooks said he was unaware of past violations. He said the store has problems with deliveries due to limited storage space. He said the store’s outdoor displays are attractive and requested the board withhold adjudication indicating the store would file for flexible development approval next month. Code Enforcement – 2008-07-23 5 Mr. Soto said the property is not in compliance. Repeated violations at this store have required significant staff time. In response to a question, Ms. Franco said approvals for similar retailers require that they meet certain conditions. Mr. Brooks requested 90 days to address storage and display issues or that the item be continued to consider alternatives. Discussion ensued regarding display issues, with comments that customers do not want to drag mulch and other bulky items long distances to their vehicles and that large garden and construction items require outdoor display. It was stated the site is far from the street and sheltered from the highway. Concern was expressed the City not impact big-box retailers and encourage them to remain in Clearwater. Member Goins moved that this case came before the City of Clearwater Code Enforcement Board on July 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 outdoor displays and storage of merchandise, materials, and goods exist which is not permitted on this property. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Code Sections 3-912 & 3- 1502.F.1 as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent shall comply with said Sections of the City of Clearwater Code by November 30, 2008. If Respondent does not comply within the time specified, the Board may order a fine of $250.00 per day for each day the violation continues to exist. Upon complying with said Sections of the Code, the Respondent shall notify Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If the Respondent 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, 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 – 2008-07-23 6 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. Attorney Soto submitted composite exhibits. 2.6 Case 26-08 Chitranee-B Inc. 845 Mandalay Ave. Residential Grass Parking – Landscaping - Brown Douglas McCrery, representative, admitted to the violations. Code Enforcement Inspector Shelby Brown reviewed property owner efforts to correct violations and supported a 30-day continuance. Member Keyes moved to continue Case 26-08 to August 27, 2008. The motion was duly seconded and carried unanimously. 3. UNFINISHED BUSINESS 3.1 Case 06-08 – Affidavit of Compliance M N E K, Inc 1274 Cleveland Street Exterior Surfaces – Espinosa 3.2Case 07-08 – Affidavit of Compliance M N E K, Inc. 1274 Cleveland Street Exterior Surfaces, Door & Window Openings, Windows, Exterior Storage – Espinosa 3.3Case 08-08 – Affidavit of Compliance M N E K, Inc. 1274 Cleveland Street Sign Maintenance, Door & Window Openings, Ext. Surfaces & Storage – Espinosa 3.4Case 09-08 – Affidavit of Compliance M N E K, Inc 1274 Cleveland Street Windows, Door Openings, Exterior Storage, Roof Maintenance – Espinosa Code Enforcement – 2008-07-23 7 3.5Case 13-08 – Affidavit of Compliance Gulf to Bay Venture I LLC 2990 Gulf-to-Bay Boulevard Graffiti, Lot Clearing – Franco 3.6Case 18-08 – Affidavit of Non-Compliance Homer Realty Co. 2377 Flint Lock Dr. Window Openings – Brown 3.7Case 19-08 – Affidavit of Compliance Victor G. Harberson 3131 Featherwood Ct. Outdoor Display/Storage, Ext. Storage, Business in Residence - Franco Member Keyes moved to accept the Affidavits of Compliance for Cases 06-08, 07-08, 08-08, 09-08, 13-08, and 19-08 and the Affidavit of Non-Compliance and issued the Order imposing the fine for Case 18-08. The motion was duly seconded and carried unanimously. 4. OTHER BOARD ACTION/DISCUSSION 4.1 Case 27-07 – Request for Fine Reduction Hearing Home Energy, LLC/Colonial Bank 415 Island Way Public Nuisance – Brown Member Avichouser moved to schedule a fine reduction hearing for Case 27-07 on August 27, 2008. The motion was duly seconded and carried unanimously. 5. NUISANCE ABATEMENT LIEN FILINGS: 521 Crest St. Residential Land PNU2008-00415 c/o Salyer, David Tre 521 S. Crest Ave. 14-29-15-10566-002-0170 $600.00 Hoke S. Russell PNU2008-00469 916 Plaza St. 10-29-15-72000-007-0090 $600.00 Charles Silverstone PNU2007-00479 616 Wildwood Way. 21-29-15-06948-003-0250 $600.00 Member Daniels moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. Code Enforcement – 2008-07-23 8 6. APPROVAL OF MINUTES - June 25, 2008 Member Campbell moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of June 25, 2008, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 4:52 p.m. -.. ~S&I~ Chai Municipal Code Enforcement Board Attest: ~'J.) Secret the Board Code Enforcement - 2008-07-23 9