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12/16/2010 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER December 16, 2010 Present: Michael Boutzoukas Chair Donald van Weezel Vice-Chair Phillip J. Locke Board Member Sheila Cole Board Member Sue A. Johnson Board Member Duane Schultz Board Member Absent: James E. Strickland Board Member Also Present: Caitlin E. Sirico 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 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. PUBLIC HEARINGS 2.1 Case 42-10 Kenneth Shea & William J. Shea 1111 Engman Street Doors/Windows – Franco No one was present to represent the owners. Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on October 5, 2010, following the first inspection. Violations at 1111 Engman Street relate to broken window glass. Property photographs on September 14 and November 23, 2010 showed broken window panes. She discussed the violations with the property owners’ local representative after the property was staked. The property now is in compliance; Member van Weezel moved to find that the Respondent(s) 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. Code Enforcement 2010-12-16 1 Inspector Franco requested the board issue a declaration of violation. She had explained to the representative the consequences of a repeat violation. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Cole moved to enter an order that no fine be imposed against the Respondent. 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on December 16, 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 as follows: 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 Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 3- 1502.C.1, 3-1502.C.3 & 3-1502.C.4, 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 Respondents(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 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 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 16th day of December 2010, at Clearwater, Pinellas County, Florida. Code Enforcement 2010-12-16 2 2.2 Case 43-10 Kenneth Shea & William J. Shea 1109 Engman Street Doors/Windows – Franco No one was present to represent the owners. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on August 19, 2010, following the first inspection. Violations at 1109 Engman Street relate to broken window glass. Property photographs on September 14, 2010 showed a broken window pane. The property now is in compliance; Member Locke moved to find that the Respondent(s) 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. Inspector Franco requested the board issue a declaration of violation. Mr. Soto submitted composite exhibits. Member van Weezel moved to enter an order that no fine be imposed against the Respondent. 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on December 16, 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 as follows: 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 Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) - 1502.C.1, 3-1502.C.3 & 3-1502.C.4, 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 Respondents(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 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. Code Enforcement 2010-12-16 3 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 16th day of December 2010, at Clearwater, Pinellas County, Florida. 2.3 Case 44-10 Touhey, Property Owner 1478 S. Hercules Avenue Public Health/Safety Nuisance – Phillips Property owner Michael Touhey admitted to the violations. 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. Inspector Julie Phillips recommended compliance within 30 days or a fine of $100 per day per violation be imposed. In response to a request, she presented photographs of the property at 1478 S. Hercules Avenue taken on August 2 and October 28, 2010 which showed water in the swimming pool is black and opaque, pool enclosure screens are torn and hanging, and the back yard gate was left open. Following her initial inspection in 2009, when the pool was in the same condition, the property changed ownership. The swimming pool presents a public health, safety or welfare nuisance. The problem has not been corrected. In response to questions, Inspector Phillips said the original complaint concerned birds trapped in the pool enclosure. The gate to the backyard was open during her October visit. The pool enclosure is intact around the swimming pool. Following a complaint in August, she issued a Notice of Violation. To meet compliance regarding the pool enclosure, the torn screen panels can be replaced or removed. Mr. Touhey requested 60 days to comply. In response to questions, he said the backyard gate normally is latched and the screen door to the pool enclosure is kept locked. He said the pool has been in its current condition since 2008. He reported that he had moved permanently to the subject property. Mr. Soto said the City’s recommendation is not unreasonable. He submitted composite exhibits. Code Enforcement 2010-12-16 4 Member van Weezel moved to enter an order requiring the Respondent to correct the violation on or before January 16, 2011. If the Respondent does not comply within the time specified, the Board may order a fine of $100 per day for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on December 16, 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 the swimming pool water is opaque and pool enclosure screens are torn. The Respondent(s) was present. CONCLUSIONS OF LAW 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1503.B.5, 3-1502.C.3 & 3-1502.C.4 , 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 January 16, 2011. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $100.00 per day for each day each violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail 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. DONE AND ORDERED this 16th day of December 2010, at Clearwater, Pinellas County, Florida. 3. UNFINISHED BUSINESS 3.1 Case 30-10 Affidavit of Compliance Mirko Rudman Anka Rudman 500 Windward PSG Code Enforcement 2010-12-16 5 Roof Maintenance, Exterior Surfaces - Franco 3.2 Case 34-10 Affidavit of Compliance Belleview Biltmore Owner, LLC 1590 Gulf Boulevard Exterior Surfaces, Landscaping, Roof Maintenance – Franco 3.3 Case 38-10 Affidavit of Compliance Edward P. & Nina M. Cruz 1401 N. Osceola Avenue Large Vehicles in Residential Areas - Franco Member van Weezel moved to accept the Affidavits of Compliance for Cases 30-10, 34- 10, and 38-10. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS: 4.1 Scott R. Parker – Request for fine reduction/elimination 3266 Sandy Ridge Drive Public health, Safety/Welfare Nuisance – 28-10 & Nuisance Abatement PNU2010-00778 Mr. Soto reported the buyer had stepped away from the sale; this item is withdrawn. 5. NUISANCE ABATEMENT LIEN FILINGS: Henry Jones Est. PNU2010-00906 798 Jurgens St. 10-29-15-00000-230-0400 $403.97 Harrison-Jones Properties PNU2010-01055 301 N. Ft. Harrison Ave. 09-29-15-44352-003-0010 $1034.12 Southwest Investment Trust Inc. PNU2010-01353 1132 Engman St. 10-29-15-33552-004-0490 $318.02 Bank of New York TRE PNU2010-01149 2061 Los Lomos Dr. 01-29-15-93628-000-1320 $335.60 American Infoage PNU2010-01695 c/o Miller Cooper 505 Virginia Ln. $527.00 13-29-15-00000-320-0050 Chadwick James Dudley PNU2010-01709 1365 Byron Avenue 22-29-15-01476-000-0830 $330.50 Code Enforcement 2010-12-16 6 Angela Bennett PNU2010-01728 1470 Rogers St. 14-29-15-10854-001-0180 $360.68 Ronald Varner PNU2010-01796 Mary-Beth E. Varner Donald G. Varner 1212 Sedeeva Cir. S 03-29-15-28674-006-0130 $375.80 Thomas J. Utesch PNU2010-01810 808 S. Duncan Ave. 14-29-15-62028-001-0030 $470.54 Carol M. Cartter PNU2010-01887 1575 S. Betty Ln. 22-29-15-11916-007-0010 $250.00 World Capital Corp PNU2010-01888 c/o Richard Malchon, Jr. 20 Idlewild St. $626.00 05-29-15-16362-003-0010 James L. Douglas, Jr. PNU2010-01891 1316 Summerlin Dr. 19-29-16-59058-000-4180 $401.00 Kenneth Shea PNU2010-01902 William J. Shea 802 Jurgens St.. $269.65 10-29-15-00000-230-0200 Grant Boshoff & Venussa Boshoff PNU2010-01918 601 Wildwood Way 21-29-15-06948-004-0010 $315.50 Provident Investments Mtg Trust #06-PNU2010-01944 201 Sussman, Mark S TRE $449.03 Sussman, William C TRE 1304 N Madison Ave. 10-29-15-26892-007-0110 Maryann Mac Dowell PNU2010-01953 2083 Loma Linda Way 2 01-29-15-93628-000-1180 $250.00 Nedjad Bajric & Suda Bajric PNU2010-01955 2055 Los Lomas Dr. 01-29-15-93629-000-1930 $284.48 Harry C Dobbs PNU2010-01963 3075 Diamond Head Dr. 29-28-16-61623-004-0050 $379.21 Code Enforcement 2010-12-16 7 Hassan A. Jones & Sonya Jones PNU2010-01985 2885 Sarah Dr. 05-29-16-78577-006-0160 $385.40 Mildred Rivera PNU2010-02063 2197 Bell Cheer Dr. 24-29-15-06408-000-0200 $540.35 Daisy M. Diaz PNU2010-02089 1932 June Bells Dr. 3 02-29-15-87966-004-0190 $395.01 Michael L. Banner PNU2010-02112 3310 Waterford Dr. 16-28-16-01654-000-0480 $486.73 Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - November 17, 2010 Member Johnson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of November 17, 2010, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 3:26 p.m. Tq air ?C icipal Code Enf rcement Board Attest: Q to the Board ls_ Code Enforcement 2010-12-16 8