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03/25/2009 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 25, 2009 Present: Douglas J. Williams Chair Ronald V. Daniels Board Member Phillip J. Locke Board Member James B. Goins Board Member Michael Boutzoukas Board Member Absent: Richard Avichouser Vice Chair David W. Campbell 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 286.0109 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 2/25/09 Nickel Plate Properties, Inc. 2165 Gulf-to-Bay Boulevard Public Nuisance/Lot Clearing/Unmaintained r-o-w – Franco Marion Hale, representing Nickel Plate Properties, provided a status report. She said five of the remaining nine mobile homes will be razed within a week. She said the laundry facility and recreation and pool halls will be razed afterwards and the asbestos study is complete. She said the State of Florida requires that four homes be auctioned. The County requires an asbestos study for the remaining concrete pads. When completed, the study will be submitted to the County for permits to demolish the pads. She hoped the site would be cleared within 60 days. Member Boutzoukas moved to continue Case 44-07 to the meeting of May 27, 2009. The motion was duly seconded and carried unanimously. Code Enforcement – 2009-03-25 1 2.2 Case 13-09 Taylor Living Trust 936 Bruce Avenue Overnight Accommodations – Brown Thadd Taylor, representing the Taylor Living Trust, admitted to the violation. Code Inspector Shelby Brown said the property is in compliance. She requested a declaration of violation but no fine. Member Goins moved to find the Respondent was in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Locke moved that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of $500 per day for each day the violation continues to exist after the Respondent is notified of the repeat violation. The motion was duly seconded and carried unanimously. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case came before the City of Clearwater Code Enforcement Board on March 25, 2009, 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 home at 936 Bruce Avenue was being rented out on a less than monthly basis which is not permitted in the LMDR (Low Medium Density Residential) zoning district; 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.B 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 $500.00 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 Code Enforcement – 2009-03-25 2 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. DONE AND ORDERED this 25th day of March, 2009. 2.3 Case 14-09 – Repeat Violation Claudio Scipione 822 Eldorado Avenue Overnight Accommodations – Franco Property owner Claudio Scipione and his representative, Elizabeth Seither, did not admit to the violation. Code Inspector Peggy Franco provided a PowerPoint presentation. This is a repeat violation. On January 26, 2005, the Municipal Code Enforcement Board issued an order of violation for Case 04-05 based on short-term rentals. The resulting fine was paid. The property at 822 Eldorado Avenue is located in a Low-Medium Density Residential (LMDR) district, where short-term rentals are not permitted. On January 14, 2009, the Clearwater Beach Association submitted an internet advertisement for a one-week rental of this property. On January 22, 2009, staff verified the online advertisement, which listed the property’s address, minimum five-day minimum stay requirement, email address, and Mr. Scipione’s cell phone number. The website subsequently was disabled. Attorney for the Board Andy Salzman said advertising is considered prima facia evidence. Homes located in the LMDR district cannot be rented for less than 30 days. Development Review Technician Mike Franco testified on February 2, 2009, he telephoned Claudio Scipione, who stated a one-week rental was available in the spring. Representative Seither said a lot of flyers regarding Super Bowl rentals were being distributed. Someone had contacted Mr. Scipione. He signed a contract and paid $600; however, he did not fill out any information on the form. Ms. Seither said the property was advertised on the internet but was not rented. She said Mr. Scipione did not have access to the website. She believed Mr. Scipione had been conned. Ms. Seither said she has managed the property for two years. She said her contract provides her a commission even if Mr. Scipione rents the home. Mr. Scipione denied offering a weekly spring rental over the telephone. He said he thought renting the property for Super Bowl week and leaving it vacant for the rest of the month would not be a violation of the code. Ms. Seither said the rental contract was to be for one month. In response to a question, Mr. Scipione said he would have permitted a Super Bowl tenant to return to the property any time during the month of the rental. Discussion ensued with concern expressed Mr. Scipione had not rented the house during Super Bowl. It was felt that Mr. Scipione had intended to rent the property for less than Code Enforcement – 2009-03-25 3 30 days and circumvent the code. It was noted the five-year limit on his repeat violation soon would expire. Member Goins moved to find the Respondent was in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case and had committed a repeat violation. The motion was duly seconded. Members Locke, Goins, and Boutzoukas and Chair Williams voted “Aye”; Member Daniels voted “Nay.” Motion carried. Ms. Franco recommended a fine of $500 for the web advertisement plus a fine of $500 for offering the property by phone for weekly rental, for a total of $1,000. Representative Seither said a company had solicited beach property owners for Super Bowl rentals and the agreements indicated the rentals were for one month. She said Mr. Scipione had learned his lesson regarding short-term rentals by paying a large fine. Discussion ensued with concern expressed that Mr. Scipione had been duped and it was questioned whether he should be fined. It was felt that Mr. Scipione should have known that the rental would be advertised on the Internet. Assistant City Attorney Soto submitted composite exhibits. Member Daniels moved that no fine be imposed for the violation. If the Respondent repeats the violation, the Board may order a fine for each day the violation continues to exist after the Respondent is notified of the repeat violation. There was no second. Member Goins moved that a fine of $500 be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of $500 per day for each day the violation continues to exist. The motion was duly seconded. Members Locke, Goins, and Boutzoukas voted “Aye”; Member Daniels and Chair Williams voted “Nay.” Motion carried. FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER This case came before the City of Clearwater Municipal Code Enforcement Board on March 25, 2009, 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 the home at 822 Eldorado Avenue was being advertised for rent on a less than monthly basis which is not a permitted use in an LMDR (Low Medium Density Residential) zoning district. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1-104.B as referred in the Affidavit in this case and was/were previously found to have violated the same provisions on January 26, 2005, and therefore, has committed a repeat violation. Code Enforcement – 2009-03-25 4 ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code. It is also the Order of the Board that the Respondent(s) shall pay a fine of $500. 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. th DONE AND ORDERED this 25 day of March, 2009. 2.4 Case 15-09 Robert Feely 130 Leeward Island Public Health, Safety or Welfare Nuisance – Franco No one was present to represent the property owner. Code Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on January 23, 2009, following the first inspection. Property photographs on January 20 and February 3, 2009, showed graffiti on the house exterior, front door, and air-conditioner unit, ripped screens and open windows, permitting access by vagrants, and a hazardous swimming pool with unfiltered green water that provided a breeding ground for mosquitoes. During her last inspection, she noted the front door had been painted, some of the graffiti was covered with beige paint, and it appeared the house had a tenant. She could not access the backyard to determine the swimming pool’s condition. The owner has not contacted the City. Member Goins moved to find the Respondent in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Ms. Franco recommended the property comply by April 7, 2009 or a fine of $250 per day be imposed. Assistant City Attorney Soto submitted composite exhibits. Member Goins moved to order the Respondent to correct the violation on or before April 25, 2009. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. FINDINGS OR FACT, CONCLUSION OF LAW AND ORDER This case came before the City of Clearwater Municipal Code Enforcement Board on March 25, 2009, after due notice to the Respondent(s), and having heard testimony under oath Code Enforcement – 2009-03-25 5 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 there is graffiti on the structure and the swimming pool is not being maintained, resulting in a breeding place for mosquitoes. CONCLUSIONS OF LAW The Respondent(s) is in violation of the City of Clearwater Code Section(s) 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 April 7, 2009. If Respondent(s) does/do 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 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. th DONE AND ORDERED this 25 day of March, 2009. 2.5 Case 16-09 Mary M. Jones 2021 Oakdale Way Exterior Surfaces, Min. Building Code, Roof Maintenance – Ruud Staff withdrew Case 16-09. 2.6 Case 17-09 James E Warren Family Trust #206 602 Engman Street Fences & Walls – Ruud No one was present to represent the property owner. Code Enforcement – 2009-03-25 6 Code Inspector Alan Ruud provided a PowerPoint presentation. A notice of violation was issued on December 30, 2008, following the first inspection. Property photographs on December 23, 2008 and February 7, 2009, showed a broken wooden fence and gate and a demolished picket fence. He said subsequent destruction to the fences had occurred. Member Boutzoukas moved to find the Respondent in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Mr. Ruud recommended the property comply within 30 days or a fine of $150 per day per violation be imposed. Assistant City Attorney Soto submitted composite exhibits. Member Boutzoukas moved to order the Respondent to correct the violation on or before April 25, 2009. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case came before the City of Clearwater Municipal Code Enforcement Board on March 25, 2009, 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 fences on the property are in disrepair. CONCLUSIONS OF LAW The Respondent(s) is in violation of the City of Clearwater Code Section(s) 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 April 25, 2009. If Respondent(s) does/do 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(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 Code Enforcement – 2009-03-25 7 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. th DONE AND ORDERED this 25 day of March, 2009. 2.7 Case 18-09 James E Warren Family Trust #206 602 Engman Street Exterior Surfaces– Ruud Staff withdrew Case 18-09. 2.8 Case 19-09 James E Warren Family Trust #206 602 Engman Street Door & Window Openings – Ruud Staff withdrew Case 19-09. 3. UNFINISHED BUSINESS 3.1 Case 28-07 Affidavit of Compliance Ocean Breeze LLC 21 Somerset Street Public Nuisance – Brown 3.2 Case 09-09 Affidavit of Compliance Griffin International, Inc. 1515 Highland Ave. Graffiti, Outdoor Display/Storage – Franco 3.3 Case 10-09 Affidavit of Compliance Griffin International, Inc. 1515 Highland Ave. Signs – Franco Member Daniels moved to accept the Affidavits of Compliance for Cases 28-07, 09-09, and 10-09. The motion was duly seconded and carried unanimously. Code Enforcement – 2009-03-25 8 4. OTHER BOARD ACTION/DISCUSSION 4.1 Case 37-06 – Fine reduction hearing Wells Fargo Bank NA 811 Druid Road E. Unsafe Building 2008 Just Market Value - $115,700 Property owner David Allbritton said he had razed the house and seeded the ground within two weeks of purchasing the property from Wells Fargo Bank. He said the value of the property is much lower than the 2008 value now that the lot is vacant and requested the fine be reduced. Attorney Soto said the property was in compliance. Development Services Manager Dan Bates said Mr. Allbritton had paid Development Services administrative costs of $309.15. Attorney Salzman said the City Clerk administrative costs total $700. The fine is payable within 30 days. Member Daniels moved to reduce the fine for Case 37-06 to $700. The motion was duly seconded and carried unanimously. 4.2 Case 13-08 – Request for fine reduction hearing Gulf to Bay Venture I, LLC 2990 Gulf-to-Bay Boulevard Vacant Building, Graffiti, Lot Clearing - Franco (Fine $30,000) Member Goins moved to schedule a hearing regarding a fine reduction for Case 13-08 on April 22, 2009. The motion was duly seconded and carried unanimously. 4.3 Case 28-07- Request for fine reduction hearing Ocean Breeze, LLC/Fifth Third Bank 21 Somerset Street Unmaintained Vacant Parcel – Brown (Fine $51,000) Member Goins moved to schedule a hearing regarding a fine reduction request for Case 28-07 on April 22, 2009. The motion was duly seconded and carried unanimously. 5. NUISANCE ABATEMENT LIEN FILINGS: Richard Marandola & Cheryl Marandola PNU2008-01819 2837 Meadow Wood Dr. 17-28-16-18646-000-0560 $425.75 Patricia Kitchen & Roberta L. Frazier PNU2008-02294 1212 Roosevelt Ave. 10-29-15-65718-002-0010 $281.00 Code Enforcement – 2009-03-25 9 Michael Lindsay & Cheri Luga 1108 Hollywood Ave. 08-29-16-99102-013-0230 PN U2008-02439 $339-50 Tezaris & Beiber Development, LLC 904 N. Ft. Harrison Ave. 09-29-15-60102-003-0030 PNU2008-02471 $368.00 Jamie O. Coreano & Kathie C. Coreano 2510 Cypress Bend Dr. E. 29-28-16-20201-000-1090 PNU2008-02543 $495.20 521 Crest St. Residential Land Trust 521 S. Crest Ave. 14-29-15-10566-002-0170 PN U2008-02546 Theresa M. Werner 1224 Sedeeva Cir. S. 03-29-15-28674-006-0160 $349.51 PN U2008-02603 $344.40 Eric Krueger 2056 Dawn Dr. 01-29-15-58464-000-0760 PN U2008-0261 0 $200.00 H S B C Bank, TRE 101 S. Evergreen Ave. 15-29-15-88992-001-0040 PN U2008-02643 $250.00 Member Locke moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA Attorney Salzman recommended modifying the fine reduction procedure so that all board actions occur during the same meeting. 6. APPROVAL OF MINUTES - February 25,2009 Member Daniels moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of February 25, 2009, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 4:25 p.m. Attest: ~~ Secret to Board \ .....---- Code Enforcement - 2009-03-25 W Chai , Municipal Code Enforcement Board 4-~ 2- 2-( ot 10