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04/27/2011 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER April 27, 2011 Present: Michael Boutzoukas Chair Duane Schultz Vice-Chair Phillip J. Locke Board Member Sheila Cole Board Member Donald van Weezel Board Member James E. Strickland Board Member Sue A. Johnson Board Member Also Present: Caitlin E. Sirico Attorney for the Board Camilo Soto Assistant City Attorney Rosemarie Call Acting Secretary to the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:30 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 PUBLIC HEARINGS 2.1 Case 14-11 - Withdrawn Carol Korotkow 804 Spencer Avenue Landscaping – Phillips Case 14-11 was withdrawn. 2.2 Case 15-11 Victoria Morton/Pyramid Consulting & Investment 2171 Drew Street Abandoned Signs – Weaver No one was present to represent the owner. Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on November 10, 2010, following the first inspection. Violations at 2171 Drew Street related to an abandoned, non-conforming sign. Property photograph on October 18, 2010 showed the illegal free-standing sign. Property photograph on December 16, 2010 showed the sign’s face panels had been removed. Property photograph on March 7, 2011 showed no Code Enforcement 2011-04-27 1 change. Ms. Weaver spoke with Victoria Morton on March 28, 2011. Property photograph on April 1, 2011 showed the sign had been removed. Member Cole 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 Weaver requested a declaration of violation. Assistant City Attorney Camilo 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. Concern was expressed that the property owner of record is a corporation, which has not been dissolved. Member Schultz moved to reopen Case 15-11. The motion was duly seconded and carried unanimously. Inspector Weaver testified that she sent notices of violation and a notice of today’s hearing to the corporation at its address of record, a vacant lot, and to Victoria Morton who is listed as registered agent. Concern was expressed that the property owner owns additional blighted properties in the City. Member Van Weezel moved to amend the order that no fine be imposed against the Respondent(s), which includes Pyramid Consulting & Investment. If the Respondent(s) repeats the violation, the Board may order a fine up to $500 for each day the violation continues to exist after the Respondent(s) is notified of the repeat violation. The seconder agreed and the amended motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on April 27, 2011, 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- 1803.A as referred to in the Affidavit in this case. Code Enforcement 2011-04-27 2 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 the violation referenced herein, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the violation exists after the Respondent(s) is 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 27th day of April 2011, at Clearwater, Pinellas County, Florida. 2.3 Case 16-11 - Withdrawn Eternal Trust/G&T Enterprises LLC National Central Fidelity Co Tre 1479 Pierce Street – McMahan Case 16-11 was withdrawn. 2.4 Case 17-11 Anand & Jaya Udhwani 1370 Pierce Street Exterior Storage - Schaar No one was present to represent the owners. Anne Tsai and Ken S. Tsai had nothing in writing indicating they were authorized to speak on behalf of the property owners. Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was issued on February 14, 2011, following the first inspection. Violations at the triplex at 1370 Pierce Street relate to outside storage. The property owners have not responded to City correspondence. Utility listings of owner telephone numbers are invalid. Also, notices sent to the property owners’ address listed on the Property Appraiser’s site were returned due a typo on the site. The property was posted. A notice sent to the property owners’ correctly spelled address was not returned. Property photographs on February 10, 2011, showed wood, canisters, rubble, bags of debris, and a large, collapsed pile of cardboard stored outside. Property photographs on April 25, 2011, showed the cardboard, a larger stack of pallets, and new items, such as a tire, gasoline canisters, and discarded boxes stored outside; trash is visible from the street. Inspector Schaar said property conditions continue to deteriorate. The property is occupied. Code Enforcement 2011-04-27 3 Anne Tsai and Ken S. Tsai said they are paid to manage the property. Ms. Tsai said tenants recycle materials. She said she had told tenants to remove the materials from the yard. She did not know why the amount of materials had increased. Mr. Tsai said he saw the posted notice of this meeting by chance. He said he will tell tenants to clean the yard. Attorney Soto suggested the property owners correct the public records. Member van Weezel 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 Schaar recommended compliance by May 12, 2011, or a fine of $100 per day be imposed. Concerns were expressed that the property is used as a dump, its rental apartments lack required business tax receipts, and a business may be operating on site illegally. Attorney Soto submitted composite exhibits. He said if Solid Waste cannot pickup the trash, the property owners remain responsible for its removal. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before May 12, 2011. 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. If the violation is repeated, the Board may order a fine of $100 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 April 27, 2011, 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 stacks of cardboard and wood pallets, interior furnishings, auto supplies, and discarded equipment are stored outside. The Respondent(s) was/were not present. CONCLUSIONS OF LAW 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1502.G.1 and 3-1502.G.2 , 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 May 12, 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 the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall Code Enforcement 2011-04-27 4 notify Inspector Shelby Schaar, 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. The Board further orders that if Respondent(s) repeats the violation referenced herein, the Board may order the Respondent(s) to pay a fine of $100.00 for each day the violation exists after the Respondent(s) is 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 27th day of April 2011, at Clearwater, Pinellas County, Florida. It was recommended that Notice of Hearings reference the requirement that property owner representatives present to the board property owners’ written permission to speak on their behalf. 3. UNFINISHED BUSINESS 3.1 Case 02-11 – Affidavit of Compliance Harrison-Jones Properties, LLC 540 Jones Street Exterior Surfaces, Door & Window Openings, Roof Maint., & Graffiti - Franco 3.2 Case 05-11 - Affidavit of Compliance Gary & Noemi Foster 200 Richards Avenue Fences & Walls – Wilson 3.3 Case 11-11 – Affidavit of Compliance 629-637 Bay Esplanade Land Trust 629 Bay Esplanade Abandoned Signs – Weaver 3.4Case 20-09 – Affidavit of Compliance Pinellas 3100 Trust Donald A. Culbertson TRE Code Enforcement 2011-04-27 5 3100 Gulf-to-Bay Boulevard Nonconforming Structures, Development Code Violation - Franco Member Schultz moved to accept the Affidavits of Compliance for Cases 02-11, 05-11, 11-11, and 20-09. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS: 4.1 Request for Fine Elimination 40-10 & 41-10 Van Cobb & Leola Cobb 807 & 809 N. Garden Avenue Lot Clearing – Ruud No one was present to represent the owners. No action was taken. 4.2 Request for Fine Elimination 20-09 Pinellas 3100 Trust Donald A. Culbertson TRE 3100 Gulf-to-Bay Boulevard Nonconforming Structures, Development Code Violation - Franco Donald A. Culbertson, Trustee for the Pinellas 3100 Trust, requested that all claims, fines, and liens be dismissed. He reviewed his history with the site, indicating that Scott Bitman was dismissed as trustee in 2010 due to unsatisfactory performance. He said Mr. Bitman stopping paying rent in July 2010 and agreed to vacate the premises in January 2011. Mr. Culbertson expressed concerns that he had not been noticed regarding Code Enforcement problems until he became the successor trustee and recommended the City notice mortgage holders regarding code violations. He said the property is clean and for sale. In response to a question, he said the gasoline tanks were removed and related FDEP (Florida Department of Environmental Protection) fines were settled. In response to a question, Attorney Soto said the property had a non conforming structure and use. He said the City had stopped the accrual of fines in October 2010, while staff considered petitioning the Circuit Court for an injunction. Inspector Franco said the total fine was $118,250. Staff worked on problems related to this site for several years. Mr. Bitman’s business never acquired any Business Tax Receipts. Code Compliance Manager Terry Teunis said administration costs totaled $2,922.70. Additional City costs relate to $2,400 in nuisance abatement liens for towing fees to remove twelve inoperative vehicles from the property. Member Shultz moved to enter an order reducing the fine for Case 20-09 to $5,322.70 which includes administration costs of $2,922.70 and nuisance abatement fines for towing charges of $2,400, payable within 30 days. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on April 27, 2011, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. Code Enforcement 2011-04-27 6 After considering the request for reduction of fine filed by the Respondent(s) and considering that the property is now in compliance, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated September 23, 2009, as recorded in O.R. Book 16721, Pages 1940-1941, of the public records of Pinellas County, Florida, is hereby reduced to $5,322.70 ($2,922.70 administration costs plus $2,400 for Nuisance Abatement Liens for towing 12 vehicles), payable to the Petitioner by May 27, 2011. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $118,250 plus $2,400 for Cases: PNU2009-00099, PNU2009- 00100, PNU2009-00101, PNU2009-00111, PNU2009-00112, PNU2009-00113, PNU2009- 01163, PNU2009-01207, PNU2010-00662, PNU2010-00663, PNU2010-00664, and PNU2010- 00665 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 27th day of April 2011, at Clearwater, Pinellas County, Florida. 5. NUISANCE ABATEMENT LIEN FILINGS: Chuck C. Broadhurst PNU2010-00017 1112 Palm Bluff Street 10-29-15-33552-006-0390 $303.02 Stonecrest Income & Opp Fund LLC PNU2010-02060 616 Wildwood Way 21-29-15-06948-003-0250 $381.50 Natalya Kennedy PNU2010-02217 1803 Apache Trail 03-29-15-59598-001-0080 $361.40 Thomas Hooks PNU2010-02405 506 Blanche B. Littlejohn Trail 09-29-15-37422-002-0030 $373.21 Christine E. Jordan PNU2010-02502 1332 Overlea Street 10-29-15-71694-004-0180 $385.84 Parvane Zacaim PNU2010-02616 1209 N. Garden Avenue 09-29-15-25920-000-0370 $305.00 Matthew Horsey PNU2010-02624 809 N. Ft Harrison Avenue 09-29-15-57402-002-0020 $320.00 Code Enforcement 2011-04-27 7 Tarpon IV LLC PNU2010-02631 1122 LaSalle Street 10-29-15-33552-005-0440 $295.52 Eric T. Howard & Linda Collins PNU2010-02649 606 N. Pennsylvania Avenue 10-29-15-69138-011-0020 $355.40 James E. McKinnes PNU2011-00195 1362 Fairbanks Drive 19-29-16-59112-000-4550 $200.00 James E. McKinnes PNU2011-00206 1362 Fairbanks Drive 19-29-16-59112-000-4550 $200.00 Member Shultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - March 23, 2011 Member Johnson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of March 23, 2011, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA Residents were invited to attend Neighborhood Appreciation events on April 30, 2011. Member Schultz said he serves on the Business Task Force and welcomed suggestions. He will be absent from the May Code Board meeting. Chair Boutzoukas said Member van Weezel had expressed interest in a larger role on the board. 7. ADJOURN: The meeting adjourned at 3:08 p.m. Attest: S Code Enforcement 2011-04-27 IN1111,11e, Chair Municipal Code E nt Board 8