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10/22/2008MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 22, 2008 Present: Douglas J. Williams Jay Keyes Richard Avichouser David W. Campbell Ronald V. Daniels Phillip J. Locke James B. Goins Chair Vice-Chair Board Member Board Member Board Member Board Member Board Member Also Present: Camilo Soto Andy Salzman Rosemarie Call Patricia O. Sullivan Assistant City Attorney Attorney for the Board Acting Secretary for the Board 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 - Status Report Nickel Plate Properties, Inc. 2165 Gulf-to-Bay Boulevard Public Nuisance/ Buildings/Lot Clearing/Unmaintained r-o-w - Franco The item was continued to November 19, 2008. 2.2 Case 46-07 - Status Report Paula L. Ross 431 Palm Isle SE Required inspections, fees - Wilson The item was continued to November 19, 2008. 2.3 Case 29-08 John & Danielle McNeely 1698 Eden Court Parking Restrictions - Franco Code Enforcement 2008-10-22 The Respondent had no representation. Inspector Peggy Franco provided a PowerPoint presentation. The violation at 1698 Eden Court relates to a Recreational Vehicle parked in the driveway between the house and right-of-way. The initial inspection was done on December 30, 2005, followed by a courtesy letter on January 5, 2006, and a meeting with John McNeely on January 19, 2006. Due to issues related to a sinkhole on the side of the property, a notice of violation was not issued at that time. The property was in compliance on May 30, 2006. Another inspection was done on June 11, 2008, and the notice of violation was issued on July 16, 2008. Staff met with John and Danielle McNeely on July 17, 2008 and with John McNeely on July 22, 2008. Photographs taken on July 7, and August 4, 2008, indicate that a Recreational Vehicle was parked in the driveway between the house and the right-of-way. Inspector Franco requested compliance by October 30, 2008, or a $100 per day fine be imposed. Assistant City Attorney Camilo Soto submitted City composite exhibits. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on October 22, 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 Recreational Vehicle is parked on the property's driveway, between the house and the right-of-way. The Respondent was not present. CONCLUSIONS OF LAW The Respondent(s) is still in violation of the City of Clearwater Code Section 3- 1407.A.2.c, 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 October 30, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $100 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 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 Code Enforcement 2008-10-22 2 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 30-08 Circle K Stores, Inc. 1500 S Belcher Road Development Code, Donation Drop Box - Franco The Respondent had no representation. Inspector Franco provided a PowerPoint presentation. The violation at 1500 S Belcher Road relates to a donation drop box on the property. The day after her initial inspection on July 28, 2008, Ms. Franco telephoned John Helm of Eagle Recycling, as listed on the drop box. Following an August 14, 2008, inspection, the notice of violation was issued on August 22, 2008. On September 5, 2008, the Zoning department denied Mr. Helm's request to allow the donation drop box to remain. Photographs taken on August 14, September 16, and 22, 2008, indicate that a donation drop box was located on the property. The property was brought into compliance before today's hearing. Inspector Franco requested a declaration of violation and no fine. Attorney Soto submitted City composite exhibits. Member Goins moved that this case came before the City of Clearwater Code Enforcement Board on October 22, 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) 1- 104.13 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(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 of $250 for each day the violation exists after Code Enforcement 2008-10-22 3 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. 2.5 Case 31-08 B P of Pinellas, LLC 18698 US Highway 19 N Development Code, Donation Drop Box - Franco The Respondent had no representation. Inspector Franco provided a PowerPoint presentation. The violation at 18698 US Highway 19 N relates to a donation drop box on the property. After the initial inspection on July 14, 2008, Ms. Franco telephoned John Helm of Eagle Recycling, as listed on the drop box, on July 29, 2008. Following an August 14, 2008, inspection, the notice of violation was issued on August 25, 2008. On September 5, 2008, the Zoning department denied Mr. Helm's request to allow the donation drop box to remain. Photographs taken on July 14, August 14, and September 22, 2008, indicate that a donation drop box was located on the property. The property was brought into compliance before today's hearing. Inspector Franco requested a declaration of violation and no fine. Attorney Soto submitted City composite exhibits. Member Locke moved that this case came before the City of Clearwater Code Enforcement Board on October 22, 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 Code Enforcement 2008-10-22 4 The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 1- 104.13 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(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 of $250 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. 2.6 Case 32-08 Mirko & Anka Rudman 221 Coronado Drive Landscaping - Brown The item was continued to November 19, 2008. 2.7 Case 33-08 Mary Rogero 172 Devon Drive Overnight Accommodations - Brown The item was continued to a date uncertain. 2.8 Case 34-08 Thomas C Jessup & Dorothy J. Jessup 1770 Drew St. Exterior Surfaces - O'Neil Property owner Dorothy Jessup admitted to the violation. Inspector Corey O'Neil said after the initial inspection, he sent a courtesy letter on March 26, 2008. The building needs to be painted. Building permits for plans submitted in 2005 had Code Enforcement 2008-10-22 5 expired. He recommended that either the structure be painted or plans to reface the building be submitted and approved by November 22, 2008. Representative Alex Plisko reviewed the project's history and reported that Planning Director Michael Delk had approved revised exterior project drawings on September 17, 2008. He said the owner did not want to paint the building before it is refaced and requested six months to create drawings for bid and permitting, or to paint the structure. Attorney for the Board Andy Salzman said the property is in violation; the City wanted verification that the project is progressing toward completion. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on October 22, 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 exterior surfaces require painting. Respondent was present. CONCLUSIONS OF LAW The Respondent(s) is still in violation of the City of Clearwater Code Section 3-1502.13, 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 December 22, 2008, by providing a status report on progress towards completion of building rehabilitation. If Respondent(s) does/do not comply within the time specified, the Board may order a fine for each day the violation continues to exist. If the Respondent(s) fail/fails to comply within the time specified, the Municipal Code Enforcement Board may order a fine. 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. Code Enforcement 2008-10-22 6 3. UNFINISHED BUSINESS- Accepted. 3.1 Case 27-07 -Affidavit of Compliance Home Energy, LLC 415 Island Way Public Nuisance - Brown 3.2 Case 13-08 -Affidavit of Compliance Gulf to Bay Venture I, LLC 2990 Gulf-to-Bay Boulevard Public Nuisance, Graffiti, Lot Clearing - Franco 3.3 Case 18-08 -Affidavit of Compliance Homer Realty Co 387 Mandalay Avenue Window Openings - Brown 3.4 Case 22-08 -Affidavit of Compliance Thomas & Laurie Mitchell 708 Edenville Avenue Outdoor Display, Exterior Storage - Franco 3.5 Case 24-08 -Affidavit of Compliance Avraham Bensimon 309 S Pegasus Avenue Hauling Trailer in area between the principal structure and street right away - Franco Member Keyes moved to accept the Affidavits of Compliance for Cases 27-07, 13-08, 18-08, 22-08, and 24-08. The motion was duly seconded and carried unanimously. 4. OTHER BOARD ACTION/DISCUSSION 4.1 Request to Address Board re Fine Reductions Case 01-08 O' Keefes, Inc. 510 Grand Central Avenue Grass Parking/Landscaping - Ruud (Fine - $22,500) AND Case 02-08 G Anthony Du Quesnay 1206 Hamlet Avenue Grass Parking/Landscaping - Ruud (Fine - $22,500) Member Avichouser moved to schedule a hearing on November 19, 2008, regarding the request for fine reductions for Cases 01-08 and 02-08. The motion was duly seconded and carried unanimously. Code Enforcement 2008-10-22 7 5. NUISANCE ABATEMENT LIEN FILINGS - Accepted Trust No 813 PNU2008-01262 813 Harbor Island 05-29-15-43456-073-0380 $540.00 Meredith L Frye PNU2008-01199 704 Edenville Avenue 18-29-16-24660-001-0110 $440.00 Patricia A Massard PNU2008-01182 1424 S Betty Lane 22-29-15-76410-000-0100 $552.00 Reinaldo F De Carvalho PNU2008-00913 816 S Martin Luther King Jr Ave 15-29-15-33462-000-0040 $525.00 Thomas & August Lombardo PNU2008-01061 1200 S Belcher Road 24-29-15-31050-000-0010 $670.00 Frank V. Corso PNU2008-01296 1017 Fairwood Avenue 08-29-16-99101-009-0150 $370.00 John Sanborn PNU2008-00929 1130 Queen Street 22-29-15-25992-000-0060 $660.00 Jan L. Delgado PNU2008-01149 1491 Ridgelane Road 02-29-15-88182-000-0420 $636.00 Patricia Massard PNU2008-00679 1395 Satsuma Street 22-29-15-11988-017-0020 $500.00 Robert S Sampson PNU2008-00700 1805 Ridgeway Drive 02-29-15-98964-000-1130 $600.00 Bernice C Allen PNU2008-00611 1 S Jupiter Avenue 14-29-15-82386-002-0010 $740.00 Code Enforcement 2008-10-22 8 Nolan Wright 3272 Buckhorn Drive 20-28-16-18638-000-0070 PNU2008-00904 $445.00 Dale Pfister 2790 Heatherwood Court 29-28-16-20200-000-0340 PNU2008-00876 Francy E Pelaez 119 N Highland Avenue 14-29-15-18954-001-0080 $1350.00 PNU2007-02031 Craig Jencik 1538 Ewing Avenue 22-29-15-7938-04-200 $450.00 PNU2008-01045 $523.00 Member Keyes moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - August 23,2008 Member Keyes moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of August 23, 2008, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. OTHER BUSINESS Attorney for the Board Andy Salzman said new procedures, to be implemented in November, will require bifurcated motions with the Board separately determining if a violation exists and then the penalty. Member Keyes said it was his last meeting and thanked the Board and staff for their efforts. 7. ADJOURN: The meeting adjourned at 3:45 p.m. ~ \.0--- Attest: ~~ Secr to the Board Code Enforcement 2008-10-22 9