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09/23/2009 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 23, 2009 Present: Douglas J. Williams Chair Richard Avichouser Vice Chair James B. Goins Board Member Michael Boutzoukas Board Member Sheila Cole Board Member Absent: Ronald V. Daniels Board Member Phillip J. Locke Board Member Also Present: Andy Salzman Attorney for the Board Camilo Soto Assistant City Attorney Rosemarie Call 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 33-09 Paula L. Ross 431 Palm Isle SE Public Health, Safety or Welfare Nuisance - Franco No one was present to represent the owner. Inspector Peggy Franco provided a PowerPoint presentation. She had discussed the violation with the property owner on June 3, 2009, following the first inspection. A notice of violation was issued on June 5, 2009. Violations at 431 Palm Isle SE relate to the open-air swimming pool. Property photographs on June 17, 2009 showed that water in the swimming pool is green, allowing mosquitoes to breed. The home is not under foreclosure; it is unoccupied. Member Cole moved to find the Respondent(s) 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. Code Enforcement 2009-09-23 1 Inspector Franco recommended compliance by October 7, 2009 or a fine of $200 per day be imposed. She said yesterday she had discussed the violation and fine with Jay Ross, who indicated a willingness to comply with Code. Assistant City Attorney Camilo Soto submitted the PowerPoint exhibit. Member Avichouser moved to enter an order requiring the Respondent to correct the violation on or before October 7, 2009. If the Respondent does not comply within the time specified, the Board may order a fine of $200 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 September 23, 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 water in the swimming pool is green, allowing mosquitoes to breed. No one was present to represent the Respondent. CONCLUSIONS OF LAW 3-1503.B.5 The Respondent(s) is in violation of the City of Clearwater Code Section(s) , 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 7, 2009. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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 Code Enforcement 2009-09-23 2 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 23rd day of September 2009, at Clearwater, Pinellas County, Florida. 2.2 Case 34-09 Colonial Bank 934 Eldorado Avenue Fences – Franco No one was present to represent the owner. Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on August 3, 2009, following the first inspection. The violation at 934 Eldorado Avenue relates to the fence, which fronts the empty lot. Property photographs on August 17, 2009 showed that the fence is leaning, rusted, and collapsed at one end. Colonial Bank, which owns the property following foreclosure, has not contacted staff. The City had a contractor clear the lot of undergrowth and debris. 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. Inspector Franco recommended compliance by October 11, 2009 or a fine of $200 per day be imposed. The suggested compliance deadline was based on the property’s foreclosure status. The fence could be removed. Attorney Soto submitted the PowerPoint exhibit. Member Boutzoukas moved to enter an order requiring the Respondent to correct the violation on or before October 11, 2009. If the Respondent does not comply within the time specified, the Board may order a fine of $200 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 September 23, 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 fence is in disrepair. No one was present to represent the Respondent. CONCLUSIONS OF LAW 3-808.A.1, 3- The Respondent(s) is in violation of the City of Clearwater Code Section(s) 808.A.5, and 3-808 , as referred in the Affidavit in this case. Code Enforcement 2009-09-23 3 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 11, 2009. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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. DONE AND ORDERED this 23rd day of September 2009, at Clearwater, Pinellas County, Florida. 2.3 Case 35-09 Jill Walker 1479 Ridge Top Way Roof Maintenance – Schaar Property owner Jill Walker admitted to the violation. Member Cole 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. Inspector Shelby Schaar said the violation relates to roof maintenance. The property owner is cooperating with staff and is in the process of obtaining a permit to repair the roof. Inspector Schaar recommended compliance by November 25, 2009 or a fine of $100 per day be imposed. Member Goins moved to enter an order requiring the Respondent to correct the violation on or before November 25, 2009. If the Respondent does not comply within the time specified, the Board may order a fine of $100 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2009-09-23 4 This case came before the City of Clearwater Code Enforcement Board on September 23, 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, and the respondent’s admission to the violation, it is evident that the roof is in disrepair. CONCLUSIONS OF LAW 3-1502.D The Respondent(s) is in violation of the City of Clearwater Code Section(s) , 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 November 25, 2009. 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 Shelby Schaar, 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 23rd day of September 2009, at Clearwater, Pinellas County, Florida. 2.4 Case 36-09 Michael Banner 2310 Waterford Drive Roof Maintenance – Phillips Property owner Michael Banner admitted to the violation. Code Enforcement 2009-09-23 5 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. Inspector Julie Phillips recommended compliance by November 25, 2009 or a fine of $100 per day be imposed. Mr. Banner requested 90 days as he could not fix the roof within 60 days. He said he is negotiating with his lender for a deed in lieu of foreclosure. Attorney for the Board Andy Salzman suggested that the board request a status report in 30 days on the progress of Mr. Banner’s negotiations. The board could order a compliance date at that time. Inspector Phillips said the homeowners association had filed a complaint. In response to a request, she presented photographs of the roof, which showed a tarp, mold, and mildew. As the owner admitted to the violation, the photographs were not submitted as evidence. Inspector Phillips said the roof has been in disrepair for one year. Discussion ensued regarding the need to get the bank’s attention and how issuing a fine could complicate the owner’s negotiations with the bank. Concern was expressed that the roof will continue to remain in disrepair. Member Boutzoukas moved to defer consideration of the order for Case 36-09 to October 28, 2009 and to schedule a status report for that day. The motion was duly seconded and carried unanimously. 3. UNFINISHED BUSINESS 3.1 Case 21-02 Affidavit of Compliance Roger Petit 1009 Woodlawn Street Building Code & Permits - Ruud 3.2 Case 20-05 Affidavit of Compliance IMT-LB Central Florida Portfolio, LLC 2690 Drew Street Permits & Inspections – Bates 3.3 Case 29-09 Affidavit of Compliance AEC Sunset Point LLC 2754 Sunset Point Road Commercial Parking Restrictions – Schaar 3.4 Case 20-09 Affidavit of Non-Compliance Pinellas 3100 Trust 3100 Gulf-to-Bay Boulevard Nonconforming Structures/Uses – Franco Code Enforcement 2009-09-23 6 3.5 Case 31-09 Affidavit of Non-Compliance Errol J. Kidd & Jeraline C. Burt 904 Seminole Street Delinquent Business Tax & Business Tax Receipt Required – McMahan 3.6 Case 32-09 Affidavit of Non-Compliance Sylvia R. Burt & Jeraline C. Burt 710 N Jefferson Avenue Delinquent Business Tax & Business Tax Receipt Required - McMahan Member Avichouser moved to accept the Affidavit of Compliance for Cases 21-02, 20- 05, and 29-09 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 20-09, 31-09, and 32-09. The motion was duly seconded and carried unanimously. 4. NUISANCE ABATEMENT LIEN FILINGS: Pinellas 3100 Trust PNU2009-00099 3100 Gulf-to-Bay Boulevard 16-29-16-00000-240-0500 $200.00 Pinellas 3100 Trust PNU2009-00100 3100 Gulf-to-Bay Boulevard 16-29-16-00000-240-0500 $200.00 Pinellas 3100 Trust PNU2009-00111 3100 Gulf-to-Bay Boulevard 16-29-16-00000-240-0500 $200.00 Pinellas 3100 Trust PNU2009-00112 3100 Gulf-to-Bay Boulevard 16-29-16-00000-240-0500 $200.00 Pinellas 3100 Trust PNU2009-00113 3100 Gulf-to-Bay Boulevard 16-29-16-00000-240-0500 $200.00 Pinellas 3100 Trust PNU2009-01163 3100 Gulf-to-Bay Boulevard 16-29-16-00000-240-0500 $200.00 Pinellas 3100 Trust PNU2009-01207 3100 Gulf-to-Bay Boulevard 16-29-16-00000-240-0500 $200.00 WM Specialty Mtg LLC PNU2009-00968 1535 Levern Street 11-29-15-10116-000-0090 $366.32 Code Enforcement 2009-09-23 7 Susan Dowe PNU2009-01093 1117 Granada Street 03-29-15-47430-002-0190 $372.50 Jacinto Castellano PNU2009-01082 1751 Sunset Drive 04-29-15-61488-008-0100 $383.15 Jacinto Castellano PNU2009-01073 308 Princess Street 04-29-15-61488-008-0110 $394.40 Milford Chavous PNU2009-01031 410 Pennsylvania Avenue 10-29-15-72000-005-0010 $411.50 Jerry W. King Jr. PNU2009-01049 2786 Landmark Drive 29-28-16-49855-000-0010 $555.50 Theresa M. Werner PNU2009-01221 1224 Sedeeva Circle S 03-29-15-28674-006-0160 $345.80 Robert P. George PNU2009-01032 1525 S Madison Avenue 22-29-15-13662-002-0200 $332.07 GFB Development LLC PNU2009-01230 125 Island Way 2 08-29-15-43326-000-0040 $1025.60 Robert D Pfadt PNU2009-01150 715 Skyview Avenue 14-29-15-10566-003-0140 $409.92 Member Goins moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES – July 22, 2009 Member Boutzoukas moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of July 22, 2009 as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Code Enforcement 2009-09-23 8 Board Comment In response to a concern that it is not always preferable to delay an order, Attorney Salzman said health and safety issues must be addressed immediately. Banks respond differently to negotiation attempts. He said the City does not want to further damage a homeowner's efforts or cause more problems. 7. ADJOURN: The meeting adjourned at 3:36 p.m. ~[Pcv-~ Chair Municipal Code Enforcement Board Attest: _ . t';O<1vK~ (Jad Secretary to the Board Code Enforcement 2009-09-23 9