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01/27/2010 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER January 27, 2010 Present: Douglas J. Williams Chair Ronald V. Daniels Board Member James B. Goins Board Member Michael Boutzoukas Board Member Sheila Cole Board Member Kurt B. Hinrichs Board Member Absent: 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 Cases 01-09, 02-09, 03-09, 04-09, 05-09, 06-09, 07-09, 08-09 346, 350, and 406 Hamden Drive 247, 353, 401, 415, and 419 Coronado Drive Public Nuisance Condition – Schaar Cases 01-09, 02-09, 03-09, 04-09, 05-09, 06-09, 07-09, and 08-09 were tabled on January 28, 2009 as property ownership had changed following foreclosure. Member Daniels moved to remove Cases 01-09, 02-09, 03-09, 04-09, 05-09, 06-09, 07- 09, and 08-09 from the table. The motion was duly seconded and carried unanimously. Member Boutzoukas moved to dismiss Cases 01-09, 02-09, 03-09, 04-09, 05-09, 06-09, 07-09, and 08-09. The motion was duly seconded and carried unanimously. 2.2 Case 01-10 Mainstream Partners VIII Ltd 346 Hamden Drive Vacant Buildings/Public Nuisance Condition – Schaar Code Enforcement 2010-01-27 1 Staff reported that Case 01-10 had been withdrawn. 2.3 Case 02-10 Mainstream Partners VIII Ltd 350 Hamden Drive Vacant Building/Public Nuisance Condition – Schaar Staff reported that Case 02-10 had been withdrawn. 2.4 Case 03-10 Mainstream Partners VIII Ltd 422 Hamden Drive Vacant Building/Public Nuisance Condition – Schaar Antonio Fernandez, general partner with Mainstream Partners VIII Ltd., admitted to the violations. Member Goins 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. Inspector Shelby Schaar recommended compliance within 60 days or a fine of $250 per day be imposed. The Municipal Code Enforcement Board recessed from 3:08 to 3:13 p.m. Assistant City Attorney Camilo Soto said the City recommended compliance within 60 days after the Order is issued or the City be allowed to abate the Vacant Building/Public Nuisance Condition by entering the property, and applying abatement costs as a lien on the property. Mr. Fernandez said since Mainstream Partners purchased the distressed properties, the firm has worked diligently to bring all of the properties into compliance. He said repairs would take 180 days to complete. Assistant Planning Director Gina Clayton said this property has not had a valid business tax receipt for some time and needs to establish a use by submitting a development application for CDB (Community Development Board) and/or DRC (Development Review Committee) review. It is not known if this property could be operated in its current configuration under the Code. March 1, 2010 is the application deadline for the May CDB meeting. A two-part compliance process was recommended. Mr. Fernandez said he will seek to establish sufficient temporary parking on Mainstream Partners’ vacant properties. Assistant City Attorney Soto submitted composite exhibits. Code Enforcement 2010-01-27 2 Discussion ensued with recommendations that Mainstream Partners file the appropriate applications and permits by March 1, 2010 and present a status report to the MCEB (Municipal Code Enforcement Board) on March 24, 2010, at which time the board can determine if the firm’s course of action likely will abate the violation, if a fine should begin to accrue, or if the City should have the ability to raze the vacant structure and lien the property for associated costs. Mr. Soto said that there were individuals present to speak on behalf of the matter. It was stated that there was an admission to the violation and no further comments were needed. Member Cole moved that Mainstream Partners submit to the City the appropriate permits and/or applications for Case 03-10 by March 1, 2010 and provide a status report to the MCEB on March 24, 2010. The motion was duly seconded and carried unanimously. 2.5 Case 04-10 Mainstream Partners VIII Ltd 345 Coronado Drive Vacant Building/Public Nuisance Condition – Schaar Staff reported that Case 04-10 had been withdrawn. 2.6 Case 05-10 Mainstream Partners VIII Ltd 347 Coronado Drive Vacant Building/Public Nuisance Condition – Schaar Staff reported that Case 05-10 had been withdrawn. 2.7 Case 06-10 Mainstream Partners VIII Ltd 353 Coronado Drive Vacant Building/Public Nuisance Condition – Schaar Staff reported that Case 06-10 had been withdrawn. 2.8 Case 07-10 Mainstream Partners VIII Ltd 401 Coronado Drive Vacant Building/Public Nuisance Condition – Schaar Cases 07-10 and 09-10 were heard together. Mr. Fernandez admitted to the violations. Member Daniels moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavits for Cases 07-10 and 09-10. The motion was duly seconded and carried unanimously. Code Enforcement 2010-01-27 3 Inspector Schaar said violations are similar to Case 03-10 and recommended that the properties be treated similarly. Assistant City Attorney Soto submitted composite exhibits for Cases 07-10 and 09-10. Member Daniels moved that Mainstream Partners submit to the City the appropriate permits and/or applications for Cases 07-10 and 09-10 by March 1, 2010 and provide status reports to the board on March 24, 2010. The motion was duly seconded and carried unanimously. 2.9 Case 08-10 Mainstream Partners VIII Ltd 415 Coronado Drive Vacant Building/Public Nuisance Condition – Schaar Staff reported that Case 08-10 had been withdrawn. 2.10 Case 09-10 Mainstream Partners VIII Ltd 419 Coronado Drive Vacant Building/Public Nuisance Condition – Schaar See Item 2.8, Case 07-10, for discussion and motions. 2.11 Case 10-10 Mainstream Partners VIII Ltd 346 Hamden Drive Inoperative Vehicle, Public Nuisance, Unsightly or Badly Deteriorated Boats – Schaar Staff reported that Case 10-10 had been withdrawn. 2.12 Cases 11-10, 12-10 and 13-10 Mainstream Partners VIII Ltd 350 Hamden Drive Inoperative Vehicle, Public Nuisance, Unsightly or Badly Deteriorated Boats – Schaar Staff reported that Cases 11-10, 12-10, and 13-10 had been withdrawn. 2.13 Case 14-10 Morgal Family Trust Robert & Sharron Morgal Tre 755 Eldorado Avenue Development Code Violation – Franco Member Goins moved to continue Case 14-10 to February 24, 2010. The motion was duly seconded and carried unanimously. 2.14 Case 15-10 Chateau on White Sands Condo Code Enforcement 2010-01-27 4 15 Somerset Street Development Code Violation, Prima Facie Evidence – Franco Carlton Ward said he represented the Chateau on White Sands Condo Association and developer Aqua Sun Developments LLC and admitted to the violation. Member Boutzoukas 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. Inspector Franco recommended compliance by February 10, 2010 or a fine of $250 per day be imposed. Mr. Ward said due to the economic downturn, half of the development’s contracted sales did not close. To generate income, the developer proposed that the association amend its covenants to permit seven-day rentals. He said after that was approved, the association learned the change could violate the Code and now plans to apply for a resort attached dwelling designation to permit short-term rentals. He requested that the compliance date be postponed until the end of March so that contractual obligations for future rentals can be met. Ms. Clayton said a request for resort attached dwelling designation must go before the CDB and all property owners must be party to the application. Brian Aungst, representing two condominium unit owners, including Frank Lacitignola, said the developer owns the majority of units and made unilateral decisions to modify the covenants in spite of opposition from other owners. He said since his clients purchased their condominiums, covenant restrictions on minimum rentals have been reduced from three months to seven days. He said his clients and other owners oppose a resort attached dwelling designation. Property owner Frank Lacitignola reviewed safety issues and other problems caused by short-term rentals. The public hearing was closed. It was requested that additional testimony be heard. Member Cole moved to reopen the public hearing. The motion was duly seconded and carried unanimously. Concern was expressed that the cited party, Chateau on White Sands Condo Common Elements, cannot be held liable for these violations. It was felt that only owners of units operated as short-term rentals should be found in violation. Mr. Ward said the developer owns 6 units. It was stated that the City may decide to bring charges against individual property owners. The City is responsible for citing the correct party. Mr. Ward said he appeared today in the spirit of working out the issues. He said the developer has the biggest investment in the property. He said the association was cited and he wished to withdraw his admission of violation in regards to Aqua Sun Developments LLC. He requested that the decision be delayed until late March to provide him time to submit a resort Code Enforcement 2010-01-27 5 attached dwelling application. He did not think the City could require the support of all unit owners. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Goins moved to enter an order requiring the Respondent to correct the violation on or before February 10, 2010. 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. Concerns were expressed with punishing the minority owners. It was suggested that a status report be included in the motion. Upon the vote being taken, the motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on January 27, 2010, 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 short term rentals have occurred. CONCLUSIONS OF LAW 1-104.B and The Respondent(s) is in violation of the City of Clearwater Code Section(s) 3-918 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 February 10, 2010. 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. Code Enforcement 2010-01-27 6 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 27th day of January 2010, at Clearwater, Pinellas County, Florida. 3. UNFINISHED BUSINESS 3.1 Case 22-09 – Affidavit of Compliance Trust No 206 c/o Daniel F. Kingsbury Tre 206 Pennsylvania Avenue Exterior Surfaces - Ruud 3.2 Case 34-09 –Affidavit of Compliance Colonial Bank 934 Eldorado Avenue Fences - Franco 3.3 Case 35-09 - Affidavit of Compliance Jill Walker 1479 Ridge Top Way Roof Maintenance – Schaar 3.4 Case 37-09 – Affidavit of Compliance Foster New Bern Inc 601 Ft Harrison Avenue Exterior Surfaces – Ruud 3.5 Case 38-09 – Affidavit of Compliance Foster New Bern Inc 601 Ft Harrison Avenue Graffiti – Ruud 3.6 Case 36-09 – Affidavit of Non-Compliance Michael Banner 3310 Waterford Drive Roof Maintenance – Phillips 3.7 Case 40-09 – Affidavit of Non-Compliance Nestor Lira 59 Acacia St Public Health, Safety or Welfare – Pool Maintenance - Franco Member Daniels moved to accept the Affidavits of Compliance for Cases 22-09, 34-09, 35-09, 37-09, and 38-09, and to accept the Affidavits of Non-Compliance and issue the Orders Code Enforcement 2010-01-27 7 imposing fines for Cases 36-09 and 40-09. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS 4.1 Case 35-07 – Request for Lien Removal Florence Panteles 1501 S Ft Harrison Avenue Exterior/Parking Lot Surfaces – Ruud Lien amount is $94,500 as of 1/19/10 No one was present to represent the owner. Inspector Alan Ruud said it was difficult to get the property brought into compliance. Staff first reported violations in May 2007. The property now is in compliance by meeting minimum standards. The City does not support a fine reduction due to the history of the property and concerns that the property will deteriorate again. The property was out of compliance for a year after the Affidavit of Non-Compliance was issued. Attorney Soto said Clearwater had to use City funds to demolish an awning. Member Goins moved to deny the request to remove the lien for Case 35-07. The motion was duly seconded and carried unanimously. 4.2 Case 15-09 – Request for Lien Reduction Robert Feely 130 Leeward Island Public Health Safety – Pool Maintenance & Graffiti – Franco Pool Maintenance Affidavit of Compliance issued on 4/16/2009 Graffiti Affidavit of Non-Compliance issued on 4/16/2009 Graffiti Affidavit of Compliance issued on 5/22/2009 Lien amount is $11,000 as of 5/22/09 Attorney Soto said the City filed a lien against the property after it went into foreclosure and that the city no longer had an interest. It was recommended that the board dismiss the lien. Member Boutzoukas move to dismiss the lien for Case 15-09 due to the untimely filing of the lien. The motion was duly seconded and carried unanimously. 4.3 PNU2009-02798 – Appeal Alan & Arlene Maloney 1820 Barbara Lane Inoperative Vehicle - Schaar Staff reported that PNU2009-02798 had been withdrawn. The property met compliance on January 12, 2010. Code Enforcement 2010-01-27 8 4.4 Case 22-09 – Request for Lien Removal Trust No. 206 c/o Daniel F. Kingsbury Tre 206 Pennsylvania Avenue Exterior Surfaces – Ruud Affidavit of Compliance issued on 1/22/10 Lien amount is $36,300 as of 1/25/10 Daniel Kingsbury, on behalf of Trust No. 206, said all violations were corrected after considerable work. He said he is trying to obtain financing to complete the work and use the building. He said he had not received notices regarding the violations. Attorney Soto said Mr. Kingsbury had been properly notified. It was stated that all correspondence was sent to the Cleveland Street address, not to this property. Inspector Ruud said the City does not support a fine reduction due to the history of the property and the length of time it took to resolve violations. He said after he had contact with the property manager, it took a long time for exterior surfaces to be repaired and repainted. The property has had Code problems for ten years. Building permits have expired. Mr. Kingsbury said there was a difference of opinion regarding necessary repairs. He said the mold was removed in a timely manner. He said after staff indicated that painting also was required, that repair eventually was done. He requested a fine reduction as the property has no income and he cannot qualify for financing because of the lien. Discussion ensued with support expressed for some reduction in the fine. Member Daniels moved to reduce the fine for Case 22-09 by $10,000 from $36,300 to $26,300, payable within 30 days. The motion was duly seconded. It was stated that the property owner had taken a long time to comply. Upon the vote being taken, the motion carried unanimously. 4.5 Election of Chair and Vice-Chair Member Cole moved to appoint Ronald V. Daniels as Chair. The motion was duly seconded and carried unanimously. Member Goins moved to appoint Douglas J. Williams as Vice-Chair. The motion was duly seconded and carried unanimously. 5. NUISANCE ABATEMENT LIEN FILINGS: Jason Steward PNU2009-01965 1705 Thomas Drive 05-29-16-94356-004-0280 $502.40 Code Enforcement 2010-01-27 9 Hugo & Marta Araque PNU2009-02464 1593 Lotus Path 14-29-15-22716-000-0320 $403.55 Pinellas Choice Properties #1001 LLC PNU2009-02225 1032 Apache Trail 03-29-15-59598-008-0230 $292.07 Roosevelt Freeman PNU2009-02045 1408 Pennsylvania Avenue 10-29-15-51948-003-0010 $489.14 BLL Holdings II LLC PNU2009-02507 620 Edenville Avenue 18-29-16-24660-001-0090 $326.15 Robert Ernest Ross PNU2009-02487 2374 Glenmoor Road N 19-29-16-56466-000-1280 $534.35 Roderick Godwin PNU2009-01697 1205 N Garden Avenue 09-29-15-65466-000-0190 $322.78 Thomas J Utesch PNU2009-02357 808 S Duncan Avenue 14-29-15-62028-001-0030 $475.04 Raymond J Herie PNU2009-02426 1201 N Garden Avenue 09-29-15-65466-000-0191 $371.23 Milford Chavous PNU2009-02450 410 Pennsylvania Avenue 10-29-15-72000-005-0010 $384.50 Kathleen Freeman PNU2009-02307 1320 S Michigan Avenue 22-29-15-48978-004-0180 $292.70 Kellie D Hoke PNU2009-02085 1474 DeLeon Street 14-29-15-10476-005-0080 $314.00 Daniel L & Monica Rogers PNU2009-02275 1518 S Hillcrest Avenue 22-29-15-12042-008-0180 $351.20 Terence John McClurg PNU2009-02252 Code Enforcement 2010-01-27 10 1585 Jeffords Street 23-29-15-30366-000-0760 $402.89 Rahsan B Martin PNU2009-02223 400 Blanche B Littlejohn Trail 09-29-15-37422-002-0091 $285.40 Kari S Gear PNU2009-02188 1227 Oakview Avenue 23-29-15-29016-000-1130 $321.60 Remy Camacho PNU2009-02146 1500 N Highland Avenue 11-29-15-39258-008-0060 $382.70 Maya Ellie Hamblet PNU2009-02112 502 Palm Bluff Street 09-29-15-65466-000-0060 $435.80 Douglas Richards PNU2009-02803 905 N Ft Harrison Avenue 09-29-15-60102-003-0040 $372.50 Susan C Bell PNU2009-02019 1495 Stag Run Boulevard 06-29-16-16860-000-0010 $461.63 Yasmeen & Abdul Rasuli PNU2009-02004 215 S Maywood Avenue 18-29-16-34614-000-5500 $366.20 Nestor Lira PNU2009-01926 59 Acacia Street 05-29-15-54666-027-0030 $361.54 Jeannine M. Pleva PNU2009-01884 2078 S Druid Circle 13-29-15-23922-000-0100 $327.11 Equifirst Mtg Loan Trust 2005-1 PNU2009-01846 2786 Landmark Drive 29-28-16-49855-000-0010 $551.00 James E McKinnes PNU2009-01675 1362 Fairbanks Drive 19-29-16-59112-000-4550 $477.18 John Walker Memorial MLK Trust PNU2009-01462 1504 S Martin Luther King Jr. Avenue Code Enforcement 2010-01-27 11 22-29-15-07938-005-0030 $320.00 Theresa M Werner PNU2009-01221 1224 Sedeeva Circle S 03-29-15-28674-006-0160 $669.10 An Pham & Minh Dam PNU2009-02451 1601 N Osceola Avenue 09-29-15-55530-000-0250 $357.50 Federal Home Loan Mtg Corp PNU2009-01957 2425 Nash Street 18-29-16-34560-005-0010 $401 .15 GFB Development PNU2009-02362 125 Island Way 2 08-29-15-43326-000-0040 $596.90 Alfonso Hayden PNU2009-02301 721 Mandalay Avenue 05-29-15-54666-013-0060 $348.80 GFB Development LLC PNU2009-02434 143 Island Way 08-29-15-43326-000-0050 $567.80 Member Boutzoukas moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - November 18, 2009 Member Daniels moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of November 18, 2009, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA Attorney Salzman said he would review the Sunshine Law at the February meeting. 7. ADJOURN: The meeting adjourned at 4:50 p.m. ~J/I/JftuJ-- Municipal Code Enforcement Board Attest: ?e.c. r ~_:to rl.{ Code Enforcement 2010-01-27 12