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11/19/2008 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 19, 2008 Present: Douglas J. Williams Chair Richard Avichouser Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Phillip J. Locke Board Member Michael Boutzoukas Board Member Absent: 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 1. CALL TO ORDER 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 – Cont’d from 10-22-08 Nickel Plate Properties, Inc. 2165 Gulf-to-Bay Boulevard Public Nuisance/ Buildings/Lot Clearing/Unmaintained r-o-w – Franco Marion Hale, representing Nickel Plate Properties, provided a status report. She said her client is waiting to obtain 55 titles from the Department of Highway Safety and Motor Vehicles in Tallahassee. Once the titles are received, 40 of the homes will be moved and the remaining ones demolished. Some of the homes had defects in their titles. She expected all of the homes would be gone in 90 days. Member Campbell moved to continue Case 44-07 to the meeting of February 25, 2009. The motion was duly seconded and carried unanimously. Code Enforcement – 2008-11-19 1 2.2 Case 46-07 – Status Report – Cont’d from 10-22-08 Paula L. Ross 431 Palm Isle SE Required Inspections, Fees – Wilson Camilo Soto, Assistant City Attorney, reported the trial date for declaratory judgment has been rescheduled to January. The Board Attorney suggested continuing this case to the February meeting. Member Avichouser moved to continue Case 46-07 to the February 25, 2009 meeting. The motion was duly seconded and carried unanimously. 2.3Case 32-08 – Cont’d from 10-22-08 Mirko & Anka Rudman 221 Coronado Drive Landscaping – Brown James A. Helinger, representing the Respondent, did not admit to the violation. Inspector Shelby Brown provided a PowerPoint presentation She said ownership was verified through the Property Appraiser. A courtesy letter was sent on July 7, 2008, and upon reinspection on August 15, 2008, no corrective action had been taken. A notice of violation was issued on August 20, 2008. Photographs taken on July 30, 2008 and October 10, 2008 show lack of adequate ground cover on the property. Inspector Brown said she has been in contact with the owners. She noted the subject property is in a high visibility area where lots of improvements are being made. She recommended compliance by December 5, 2008 or $150 per day fine be imposed. In response to a question, she said previously the property had back out parking which was on City right-of-way, and as part of the Beach Walk improvements, this right-of-way parking became street area. Mr. Helinger expressed outrage the City tore out his client’s driveway and then cited him for not landscaping it. He said in constructing the new Coronado Drive, the City built the road higher than before and put in curbs thereby denying access to areas where people historically parked. He showed photographs and a postcard of the subject area (Defendant Exhibits 1 and 2). He said the area in question was paved parking. He said the City trespassed on his client’s property and tore out his asphalt parking and put in sod without his permission. The sod died due to no irrigation and was discarded. Mr. Helinger said he has filed an inverse condemnation suit against the City for the taking of his client’s property and asked that the Board not render a decision at this time. He said the subject area is the focal point of the lawsuit and wanted it to be preserved as evidence. He submitted a survey of the property line (Defendant Exhibit 3). Assistant City Attorney Soto objected to portions of Mr. Helinger’s remarks as being argumentative and irrelevant. Mr. Soto said the subject property was utilizing the City right-of-way. He indicated the City merely took back its rights-of-way from properties along Coronado Drive and eliminated illegal use. Mr. Soto believed correcting the violation would not spoil the evidence as photographs of the property would preserve it. Code Enforcement – 2008-11-19 2 Public Services Director Gary Johnson said in June of 2007 the City removed asphalt from City rights-of-way along Coronado Drive; however, he was not sure if asphalt was removed from the subject area. There was extensive discussion regarding whether the City removed asphalt from the area of discussion and replaced it with sod. It was difficult to tell from the survey and postcard how much of the property was previously asphalted. In response to a question, it was indicated a permit can not be obtained for parking on the subject area because it would be a non-conforming use. Mr. Helinger said the asphalt was there legally and questioned whether this valid non-conforming use should be grandfathered as it was not cited previously. Discussion ensued regarding whether enough information had been provided to determine if a violation exists, or if the case should be continued until the court makes a decision. It was felt additional documentation was needed. Mr. Helinger noted he would have a conflict if the case was continued to the January meeting. Member Daniels moved to continue Case 34-08 to the meeting of February 25, 2008 for staff to provide additional documentation. The motion was duly seconded and carried unanimously. 2.4 Case 35-08 901 Eldorado Avenue, LLC 900 Bruce Avenue Ext Storage, Development Code & Vacant Parcels – Brown This case was withdrawn by staff as the property is now in compliance. 2.5 Case 36-08 Linco Auto Parts, Inc. (Buddy’s Home Furnishings) 1641 Gulf-to-Bay Boulevard Exterior Storage, Outdoor Display/Storage – Franco The property was not represented. Inspector Peggy Franco provided a PowerPoint presentation. The violation relates to exterior storage and outdoor display of furniture for sale. The initial notice of violation was issued on September 21, 2006. On December 27, 2006, contact was made with the manager and the cited code sections were faxed to him upon request. Photographs taken on May 14 and May 15, 2007 show furniture being displayed outdoors, and a notice of violation was issued on May 17, 2007. Photographs taken on July 17 and August 17, 2007 continue to show furniture being displayed outside for sale, and a notice of violation was issued on December 17, 2007. A temporary use permit was issued from April 28 through May 4, 2008; however, subsequent inspections on May 9, September 13, September 20, October 3 and October 6, 2008 and May 9, 2008 continued to show the property in violation. Inspector Franco said currently the property is in compliance; however, requested the Board issue a declaration of violation without a fine. Code Enforcement – 2008-11-19 3 Member Michael Boutzoukas disclosed in 1995-2004 he represented the tenant in real estate matters and questioned whether he should abstain. Board Attorney Salzman said there was no conflict. It was noted this business has had a history of violations. Inspector Franco said in 2004 she had cited this property under a broader code and the judge declared nolle prosqui. Assistant City Attorney submitted City Exhibit 1 (PowerPoint). Member Campbell moved that this case came before the City of Clearwater Code Enforcement Board on November 19, 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 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. The property was not represented. CONCLUSIONS OF LAW The Respondent was in violation of the City of Clearwater Code Section(s) 3-1502.F.1 and 3-912 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 at this time. 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 37-08 Patricia De Priest 1631 Tuscola Rd. Public Nuisance, Outdoor Display/Storage, Exterior Storage – Franco Code Enforcement – 2008-11-19 4 The Respondent, Patricia DePriest, admitted to the violation. Inspector Peggy Franco said the violations relate to a public health and safety nuisance and residential exterior storage. Photographs taken on October 13, 2008 indicate a pool in poor condition and outdoor storage of various items. The pool screen is ripped, and a tree is actually growing out of the pool filter. Inspector Franco requested compliance by December 29, 2008 or a fine of $250 per day be imposed. Ms. DePriest said she has been taking care of her father who has been in and out of the hospital and has not been residing at the house. She said a lot of the items belonged to her grandmother who has passed. She said some of her friends have offered to help her during the holidays as she cannot physically do everything herself. She did not know if she could comply by the December date. The Board Attorney indicated as long as progress was being made toward compliance, the City would work with her. Member Boutzoukas moved this case came before the City of Clearwater Code Enforcement Board on November 19, 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, it is evident that an unmaintained swimming pool is creating a public health and safety nuisance and various items and materials are being stored outdoors which is not permitted in the zoning district in which the property is located. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Code Section(s) 3-1503.B.5, 3- 912, and 3-1502.G, 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 29, 2008. If Respondent does not comply within the time specified, the Board may order a fine of $150.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent shall notify Inspector Franco, who shall inspect the property and notify the Board of compliance. If the Respondent 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, 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 – 2008-11-19 5 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. 2.7 Case 38-08 Highland Group Clearwater, LLC 1501 S. Highland Ave. Development Code, Unapproved Vehicle Sales – Franco The property was not represented. Inspector Peggy Franco provided a PowerPoint presentation. The violation relates to unapproved vehicle sales. A courtesy letter was sent to the property owner on March 22, 2007 and a notice of violation was issued on August 22, 2008. The subject property is a vacant grass lot with a small area of paved parking. Photographs taken on March 17, 19 and 31, 2007, July 28 and October 13, 2007, January 26, May 3, August 23, September 3, 25 and 27, 2008 show vehicles being displayed for sale with some posted with unlawful stickers. She recommended a compliance date of December 1, 2008 or a fine of $250 per day be imposed. She said as of today, no cars are parked on the property. In response to a question, Inspector Franco said the red sticker posted on the vehicle gives notice to the owner of the car that it is illegally parked. She did not know who owned the vehicles. She said she has not had any contact with the property owner other than receiving acknowledgement of the notice of violation. Service was obtained by posting the property with the Notice of Hearing for today’s meeting. Discussion ensued and it was indicated an owner is responsible for what occurs on his property. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board November 19, 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 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. The property was not represented. CONCLUSIONS OF LAW The Respondent was in violation of the City of Clearwater Code Section(s) 1-104.B and 3- 915.B as referred to in the Affidavit in this case. Code Enforcement – 2008-11-19 6 ORDER It is the Order of this Board that no fine will be imposed against the Respondent at this time. 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. 3. UNFINISHED BUSINESS – None. 4. OTHER BOARD ACTION/DISCUSSION 4.1 Case 01-08 – Request for Fine Reductions O’ Keefe’s, 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) Attorney Michael Foley, representing the above-referenced properties, discussed why he felt a reduction in fine should be considered and the mitigating circumstances in coming into compliance. He said there had been problems regarding ownership of the property. He noted his clients had gone to the City several times seeking direction. He said his clients need parking. He said it will cost tens of thousands of dollars to put in landscaping and indicated his clients were prepared to pay the administrative fees. Concern was expressed whether the owners could control the parking that was occurring. Discussion ensued and it was felt a reduction was appropriate. Code Enforcement – 2008-11-19 7 Member Avichouser moved that concerning Cases 01-08 and 02-08 both fines in the amount of $22,500 each be reduced to $1,555 each for a total of $3,110, payable within 30 days of today’s hearing. The motion was duly seconded and carried unanimously. . 5. NUISANCE ABATEMENT LIEN FILINGS Dorothy Clark PNU2008-01140 c/o Clark Wade 614 Marshall Street 10-29-15-61740-001-0010 $700.00 Alice J. Covington PNU2008-01150 1437 Thames Lane 02-29-15-10926-000-0660 $587.00 Dale M. Pfister PNU2008-01398 2790 Heatherwood Court 29-28-16-20200-000-0340 $517.00 Charles D. Kesler PNU2008-01407 1824 Flora Lane 02-29-15-10926-000-0470 $400.00 Vincent Centore PNU2008-01480 3216 Pine Haven Drive 19-28-16-18636-000-0520 $437.50 Innovative Properties of Tampa PNU2008-01511 1545 Scranton Avenue 22-29-15-07938-002-0290 $435.00 Earnell A. Samuel Jr. PNU2008-01516 1304 Springdale Street 10-29-15-71694-003-0110 $417.75 Anthony C. Mirabella PNU2008-01604 321 Palm Island SE 05-29-15-43416-000-0480 $525.00 Joshua Sams PNU2008-01625 425 Midway Island 08-29-15-43344-000-0560 $484.00 Dariusz Urban PNU2008-01626 336 Midway Island 08-29-15-43344-000-0680 $700.00 Rakesh Patel PNU2008-01635 1209 N. Garden Avenue 09-29-15-25920-000-0370 $520.00 Code Enforcement – 2008-11-19 8 521 Crest St Residential Land PNU2008-01690 c/o Salyer, David TRE 521 S. Crest Avenue 14-29-15-10566-002-0170 $510.00 Sarah L. Piety PNU2008-01716 1601 N. Betty Lane 10-29-15-71694-002-0100 $369.35 Stephen J. Doucette PNU2008-01858 1381 Lime Street 22-29-15-12006-019-0060 $418.21 Donald M. Fox PNU2008-01862 1501 Farrier Trail 07 -29-16-16862-000-2100 $595.00 Darrin M. Foss PNU2008-01917 815 Turner Street 15-29-15-54450-022-0081 $378.01 Member Daniels moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - October 22,2008 Member Daniels moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of October 22, 2008, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 5:13 p.m. " w~ -- Enforcement Board Attest: ~ ~~ t~e~ Code Enforcement - 2008-11-19 9