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07/22/2009 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 22, 2009 Present: Douglas J. Williams Chair Richard Avichouser Vice Chair Ronald V. Daniels Board Member James B. Goins Board Member Michael Boutzoukas Board Member Sheila Cole Board Member Absent: Phillip J. Locke Board Member Also Present: Caitlin E. Sirico Attorney for the Board Camilo Soto Assistant City Attorney Rosemarie Call Management Analyst 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 30-09 – Cont’d from 6/24/09 Randall E & Deborah E Barnhart 143 Bayside Drive Overnight Accommodations – Franco Marion Hale, representing the property owners, admitted to the violation. She said in March, property owner Deborah Barnhart had sent a letter to the management company telling them to stop offering the property for short-term rentals. As of yesterday, the Realtor’s website continued to advertise the property for short-term rentals. She said the property owners will resolve this issue. Inspector Peggy Franco provided a PowerPoint presentation. Violations at 143 Bayside Drive relate to short-term rentals. The advertisement for short-term rentals on the web was discovered on February 13, 2009 and the notice of violation was issued on March 16, 2009. Staff received a letter from property owner Deborah Barnhart on April 2, 2009. The online advertisement, also viewed on April 28 and June 18, 2009, lists unavailable rental dates in late July and states the minimum stay is four nights. Photographs of the property taken on February 13, March 18 and 25, April 10 and 17, and May 11, 2009 show vehicles from a variety of states Code Enforcement 2009-07-22 1 parked in the driveway. Inspector Franco reported that last night she had received confirmation from the management company for an eight-day reservation at the subject property. Member Boutzoukas moved to find the Respondents 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. Inspector Franco recommended compliance within five days or a fine of $250 per day be imposed. Attorney Hale said the homeowners have contacted the property management company and are waiting for a response. Property owner Randall Barnhart said he is trying to sell the property. He said he never intended to rent the property for short-terms; the management company violated his instructions on several occasions. He said some of the photographed vehicles belong to his family. He said future rental dates are blocked out for planned visits by family and friends. He said he will have future short-term rental agreements cancelled and make certain that total refunds are provided. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Boutzoukas moved to enter an order requiring the Respondent to correct the violation on or before July 27, 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. This case came before the City of Clearwater Code Enforcement Board July 22, 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 the property is used for short term rentals; the property is advertised on the internet and deposits are being accepted for short term rentals. Respondent Randall Barnhart was present. CONCLUSIONS OF LAW The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-918 and 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 July 27, 2009. 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 Code Enforcement 2009-07-22 2 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. DONE AND ORDERED this 22nd day of July 2009, at Clearwater, Pinellas County, Florida. 2.2 Case 31-09 Errol J. Kidd & Jeraline C. Burt 904 Seminole Street Delinquent Business Tax & Business Tax Receipt - McMahan No one was present to represent the owners. Inspector Janet McMahan provided a PowerPoint presentation. Violations at 904 Seminole Street relate to property rental without a FY (Fiscal Year) 2008/09 Business Tax Receipt. Renewal notices were sent to the property owners on June 20 and October 15, 2008 and January 14, 2009 and the notice of violation was issued on March 24, 2009. Property owner Jeraline Burt called Inspector McMahan on March 27, 2009 to discuss the Business Tax Receipt. City utility records indicate the property has had multiple tenants during the last fiscal year. Member Daniels moved to find the Respondents 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. Inspector McMahan recommended compliance via receipt of $102.39 outstanding payment within 30 days or a fine of $150 per day be imposed. Attorney Soto submitted composite exhibits. Member Daniels moved to enter an order requiring the Respondent to correct the violation on or before August 24, 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. Code Enforcement 2009-07-22 3 This case came before the City of Clearwater Code Enforcement Board on July 22, 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 the single family house is rented out regularly and the business tax receipt for the property is delinquent. The outstanding amount due is $102.39. The Respondents were not present. CONCLUSIONS OF LAW 29.40(1) & The Respondent(s) is in violation of the City of Clearwater Code Section(s) 29.30(1) , 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 and pay the outstanding business tax receipt by August 24, 2009. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150 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 Janet McMahan, 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. DONE AND ORDERED this 22nd day of July 2009, at Clearwater, Pinellas County, Florida. 2.3 Case 32-09 Sylvia R. & Jeraline C. Burt 710 N. Jefferson Avenue Delinquent Business Tax & Business Tax Receipt - McMahan No one was present to represent the owners. Code Enforcement 2009-07-22 4 Inspector McMahan provided a PowerPoint presentation. Violations at 710 N. Jefferson Avenue relate to property rental without FY 2007/08 or 2008/09 Business Tax Receipts. Renewal notices were sent to the property owners on June 27, October 11, and December 13, 2007 and on October 15, 2008 and January 14, 2009. Notices of violation were issued on October 13, 2008 and March 24, 2009. Property owner Burt called Inspector McMahan on March 27, 2009 to discuss the Business Tax for this property. City utility records indicate the property has had multiple tenants during both fiscal years. Member Goins moved to find the Respondents 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. Inspector McMahan recommended compliance via receipt of $133.74 outstanding payment within 30 days or a fine of $150 per day be imposed. Attorney Soto submitted composite exhibits. Member Goins moved to enter an order requiring the Respondent to correct the violation on or before August 24, 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. This case came before the City of Clearwater Code Enforcement Board on July 22, 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 the single family house is rented out regularly and the business tax receipt for the property is delinquent. The outstanding amount due is $133.74. The Respondents were not present. CONCLUSIONS OF LAW 29.40(1) & The Respondent(s) is in violation of the City of Clearwater Code Section(s) 29.30(1) , 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 and pay the outstanding business tax receipt by August 24, 2009. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150 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 Janet McMahan, 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 Code Enforcement 2009-07-22 5 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. DONE AND ORDERED this 22nd day of July 2009, at Clearwater, Pinellas County, Florida. 3. UNFINISHED BUSINESS 3.1 Case 59-06 – Affidavit of Compliance Gulf Direct Development, LLC 1355 Drew Street Unsafe – Stanley 3.2 Case 60-06 – Affidavit of Compliance Gulf Direct Development, LLC 1365 Drew Street Unsafe – Stanley 3.3 Case 61-06 – Affidavit of Compliance Gulf Direct Development, LLC 1375 Drew Street Unsafe – Stanley 3.4 Case 62-06 – Affidavit of Compliance Gulf Direct Development, LLC 116 N. Evergreen Unsafe – Stanley 3.5 Case 63-06 – Affidavit of Compliance Gulf Direct Development, LLC 117 N. Evergreen Unsafe – Stanley 3.6 Case 64-06 – Affidavit of Compliance 119 N. Evergreen Gulf Direct Development, LLC. Unsafe - Stanley Code Enforcement 2009-07-22 6 Member Avichouser moved to accept the Affidavits of Compliance for Cases 59-06, 60- 06,61-06,62-06,63-06, and 64-06. The motion was duly seconded and carried unanimously. 4. OTHER BOARD ACTION/DISCUSSION - None. 5. NUISANCE ABATEMENT LIEN FILINGS: Christine C. Christie 981 Bruce Avenue 32-28-15-13464-264-0050 PNU2009-00116 $339.98 Member Daniels moved to accept the Nuisance Abatement Lien filing. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - June 24,2009 Member Avichouser moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of June 24, 2009, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 3:41 p.m. ~ ' '.W~ ai q ( 2 S { 09 MUnicipal Code Enforcen\ent ~oa?'d Attest: X~ (lcult Secretary to the Board Code Enforcement 2009-07-22 7