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06/22/2011 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 22, 2011 Present: Michael Boutzoukas Chair Duane Schultz Vice-Chair – arrived at 2:40 p.m. Sheila Cole Board Member Donald van Weezel Board Member James E. Strickland Board Member Sue A. Johnson Board Member Absent: Phillip J. Locke Board Member Also Present: Andy Salzman Attorney for the Board Camilo Soto Assistant City Attorney Nicole Sprague 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 40-11 – Continued from 5/25/11 Carol Korotkow 804 Spencer Avenue Landscaping Required (Sec. 3-1502.H.1 & 3-1502.H.2) - Phillips Assistant City Attorney Camilo Soto discussed advantages of natural grass and problems associated with artificial grass. The Code requires ground cover to be maintained in a healthy, live condition. Planning & Development Director Michael Delk said Code provisions are specific and do not reference drainage. Drought resistant groundcover is permitted, including peanut grass. Property owner representative Donald McFarland said the Code is out of date and its definitions are not clear. Property owner Carol Korotkow reviewed turf manufacturer reports regarding product drainage. She said artificial grass does not require water. 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. Code Enforcement 2011-06-22 1 It was commented that Code language is subject to interpretation, the board is required to uphold the Code as written, and the City Council should consider if artificial grass is practical. Both support and opposition to the use of artificial grass were expressed. Upon the vote being taken, Members Cole, van Weezel, Johnson, and Chair Boutzoukas voted “Aye”; Member Strickland voted “Nay.” Motion carried. Inspector Julie Phillips recommended compliance within 90 or 120 days or a fine of $100 per day be imposed. Mr. McFarland requested time to present the issue to City Council. Member van Weezel moved to enter an order requiring the Respondent to correct the violation on or before November 29, 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. The motion was duly seconded. Members Cole, van Weezel, Johnson and Chair Boutzoukas voted “Aye”; Member Strickland voted “Nay.” Motion carried. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 2011, after due notice to the Respondent, and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: Based upon the testimony and evidence received, it is evident that the front yard is covered with a synthetic material where groundcover is required to be maintained in a healthy and live condition. A representative of the Respondent was present. CONCLUSIONS OF LAW 3-1502.H.1, 3- The Respondent is in violation of the City of Clearwater Code Sections 1502.H.2and 3-1502.H.3 , as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent shall comply with said Section of the City of Clearwater Code by November 29, 2011. If Respondent does 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 shall notify Inspector Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent 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, 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 Code Enforcement 2011-06-22 2 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 June 2011, at Clearwater, Pinellas County, Florida. 2.2 Case 18-11 Alba L. Vidal 445 Hamden Drive Unit 302 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on November 29, 2010, following discovery of web advertisement offering property for short-term rental. Violations at 445 Hamden Drive Unit 302 relate to short-term rentals. Another web advertisement offering the property for short-term rental was viewed on February 15, 2011 and a second notice of violation was issued that day. The online advertisement was active on June 21, 2011. The Respondent has submitted a petition to allow 7-day rentals. Inspector Franco said she had searched web advertisements after receiving a complaint. Mr. Delk said the development, which is in the Tourist District, had submitted several development orders over the years to the CDB (Community Development Board) for approval. The last development order, which the CDB approved, requires unit rentals to comply with City Code, which prohibits short-term rentals. Some owners are full-time residents. The City would support amendments to the development order to allow short-term rentals if 100% of the unit owners support short-term rentals. Consensus was to hear Items 2.2 through 2.20, less Item 2.5, at the same time. John Cross, property owner and proxy for the other property owners, except Edwin Estrella (Item 2.5), said he had invested in the development and ended up acquiring foreclosures and taking title of 10 units on April 27, 2011. He said short-term and overnight rentals are permitted in the Tourist zone. He said the property has multiple and conflicting documents; some requirements are illogical. He reviewed a pamphlet from the developer and the original MLS (Multiple Listing Service) listing which indicated the property permitted 7-night rentals. He estimated the condominiums were developed in 2007 and suggested that short- term rentals could be grandfathered. In response to a question, he discussed his investment in the development. Two unit owners opposed allowing short-term rentals. One person supported short-term rentals, as they attract tourists. Code Enforcement 2011-06-22 3 Member Strickland 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. Concern was expressed that all advertisements for short-term rentals in this building had not been removed from the web-site as misleading advertisements are unhealthy for the local tourism industry. Upon the vote being taken, the motion carried unanimously. Inspector Franco recommended compliance by June 30, 2011 or a fine of $250 per day be imposed. th It was recommended that tourists should not be evicted over the 4 of July holiday. Mr. Cross requested additional time for compliance to help stabilize building maintenance issues and avoid additional foreclosures. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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, Code Enforcement 2011-06-22 4 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 June 2011, at Clearwater, Pinellas County, Florida. 2.3 Case 19-11 Claudia M. Montes 445 Hamden Drive Unit 406 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on March 3, 2010, following discovery of web advertisement offering the property for short-term rental. Violations at 445 Hamden Drive Unit 406 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 6, June 15, and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The online advertisement was active as of June 21, 2011. See pages 3 - 4 for related discussion. Member Strickland 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 recommended compliance by June 30, 2011 or a fine of $250 per day be imposed. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. Code Enforcement 2011-06-22 5 This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.4 Case 20-11 Gaspar Rosado 445 Hamden Drive Unit 501 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Code Enforcement 2011-06-22 6 Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on March 3, 2010, following discovery of web advertisement offering the property for short-term rental. Violations at 445 Hamden Drive Unit 501 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on November 29, 2010 and June 21, 2011. See pages 3 - 4 for related discussion. Member Strickland 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 recommended compliance by June 30, 2011 or a fine of $250 per day be imposed. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. Code Enforcement 2011-06-22 7 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 June 2011, at Clearwater, Pinellas County, Florida. 2.5 Case 21-11 Edwin Estrella 445 Hamden Drive Unit 504 Short-term Rental – Franco No one was present to represent the owner. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on February 5, 2011, following discovery of web advertisement offering property for short-term rental. Violations at 445 Hamden Drive Unit 504 relate to short-term rentals. Other web advertisements offering property for short-term rental were viewed on November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. As of June 21, 2011, advertisement has been removed. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 Code Enforcement 2011-06-22 8 Based upon the testimony and evidence received, it is evident that short-term rentals have occurred. The Respondent(s) was/were not present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.6 Case 22-11 Jyotsna Deshpande 445 Hamden Drive Unit 602 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on March 3, 2010, following discovery of web advertisement offering the property for short-term rental. Violations at 445 Hamden Drive Unit 602 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2, April 6, and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The online advertisement was active as of June 21, 2011. The Respondent has submitted a petition to allow 7-day rentals. Code Enforcement 2011-06-22 9 See pages 3 - 4 for related discussion. Member Strickland 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 recommended compliance by June 30, 2011 or a fine of $250 per day be imposed. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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 Code Enforcement 2011-06-22 10 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 June 2011, at Clearwater, Pinellas County, Florida. 2.7 Case 23-11 Robert Arbanas 445 Hamden Drive Unit 606 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on November 30, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 606 relate to short-term rentals. Another web advertisement offering the property for short-term rental was viewed on February 15, 2011 and a second notice of violation was issued on that date. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present Code Enforcement 2011-06-22 11 CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.8 Case 24-11 Reenier R. Aleman 445 Hamden Drive Unit 303 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on November 30, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 303 relate to short-term rentals. Another web advertisement offering the property for short-term rental was viewed on February 15, 2011 and a second notice of violation was issued on that date. The online advertisement was active as of June 21, 2011. See pages 3 - 4 for related discussion. Code Enforcement 2011-06-22 12 Member Strickland 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 recommended compliance by June 30, 2011 or a fine of $250 per day be imposed. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. Code Enforcement 2011-06-22 13 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 June 2011, at Clearwater, Pinellas County, Florida. 2.9 Case 25-11 Adriana M. Aleman 445 Hamden Drive Unit 505 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on March 3, 2010, following discovery of web advertisement offering the property for short-term rental. Violations at 445 Hamden Drive Unit 505 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2 and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The online advertisement was active as of June 21, 2011. See pages 3 - 4 for related discussion. Member Strickland 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 recommended compliance by June 30, 2011 or a fine of $250 per day be imposed. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW Code Enforcement 2011-06-22 14 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.10 Case 26-11 Reenier R. Aleman 445 Hamden Drive Unit 603 Short-term Rental – Franco John Cross, proxy for the property owner, did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on January 25, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 603 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2 and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The online advertisement was active as of June 21, 2011. See pages 3 - 4 for related discussion. Code Enforcement 2011-06-22 15 Member Strickland 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 recommended compliance by June 30, 2011 or a fine of $250 per day be imposed. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. Code Enforcement 2011-06-22 16 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 June 2011, at Clearwater, Pinellas County, Florida. 2.11 Case 27-11 John & Louise Cross 445 Hamden Drive Unit 201 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on November 30, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 201 relate to short-term rentals. Another web advertisement offering the property for short-term rental was viewed on February 15, 2011 and a second notice of violation was issued on that date. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW Code Enforcement 2011-06-22 17 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.12 Case 28-11 John & Louise Cross 445 Hamden Drive Unit 202 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on March 3, 2010, following discovery of web advertisement offering the property for short-term rental. Violations at 445 Hamden Drive Unit 202 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2 and November 29, 2010, and February 15, 2011. A second notice of violation was issued on February 15, 2011. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Code Enforcement 2011-06-22 18 Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 2011-06-22 19 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 June 2011, at Clearwater, Pinellas County, Florida. 2.13 Case 29-11 John & Louise Cross 445 Hamden Drive Unit 203 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on November 30, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 203 relate to short-term rentals. Another web advertisement offering the property for short-term rental was viewed on February 15, 2011, and a second notice of violation was issued on that date. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) , as referred in the Affidavit in this case. Code Enforcement 2011-06-22 20 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 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.14 Case 30-11 John & Louise Cross 445 Hamden Drive Unit 204 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on November 30, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 204 relate to short-term rentals. Another web advertisement offering the property for short-term rental was viewed on February 15, 2011, and a second notice of violation was issued on that date. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Code Enforcement 2011-06-22 21 Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. Code Enforcement 2011-06-22 22 2.15 Case 31-11 John & Louise Cross 445 Hamden Drive Unit 205 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on November 30, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 205 relate to short-term rentals. Another web advertisement offering the property for short-term rental was viewed on February 15, 2011, and a second notice of violation was issued on that date. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. If Respondent(s) does/do not comply within the Code Enforcement 2011-06-22 23 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.16 Case 32-11 John & Louise Cross 445 Hamden Drive Unit 306 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on February 5, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 306 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2, June 15, and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does not comply within the time specified, the Code Enforcement 2011-06-22 24 Board may order a fine of $250.00 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.17 Case 33-11 John & Louise Cross Code Enforcement 2011-06-22 25 445 Hamden Drive Unit 401 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on March 3, 2010, following discovery of web advertisement offering the property for short-term rental. Violations at 445 Hamden Drive Unit 401 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2 and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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 Code Enforcement 2011-06-22 26 notify Inspector Peggy Franco, 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.18 Case 34-11 John & Louise Cross 445 Hamden Drive Unit 403 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on February 5, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 403 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on February 26, April 2, June 15, and November 29, 2010 and February 15, 2011. A second notice of violation was issued on March 3, 2010, and a third notice of violation was issued on February 15, 2011. The property was posted with a fourth notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Code Enforcement 2011-06-22 27 Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.19 Case 35-11 John & Louise Cross 445 Hamden Drive Unit 601 Short-term Rental – Franco Code Enforcement 2011-06-22 28 Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on January 25, 2010, following discovery of web advertisement offering the property for short- term rental. Violations at 445 Hamden Drive Unit 601 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2, April 6, June 15, and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) fails/fail to comply within the time specified, a certified copy of Code Enforcement 2011-06-22 29 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 June 2011, at Clearwater, Pinellas County, Florida. 2.20 Case 36-11 John & Louise Cross 445 Hamden Drive Unit 605 Short-term Rental – Franco Property owner John Cross did not admit to the violation. Inspector Franco provided a PowerPoint presentation. A notice of violation was issued on March 3, 2010, following discovery of web advertisement offering the property for short-term rental. Violations at 445 Hamden Drive Unit 605 relate to short-term rentals. Other web advertisements offering the property for short-term rental were viewed on April 2 and November 29, 2010 and February 15, 2011. A second notice of violation was issued on February 15, 2011. The property was posted with a third notice of violation on June 10, 2011. As of June 21, 2011, advertisement was removed. See pages 3 - 4 for related discussion. Member Strickland 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 a declaration of violation. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 5, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. Code Enforcement 2011-06-22 30 This case came before the City of Clearwater Code Enforcement Board on June 22, 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 short-term rentals have occurred. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 5, 2011. 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) 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. 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 June 2011, at Clearwater, Pinellas County, Florida. The MCEB (Municipal Code Enforcement Board) recessed from 3:59 to 4:09 p.m. 2.21 Case 41-11 Orville Tucker Sr. 1700 Gulf to Bay Boulevard Abandoned Signs/Non-Conforming Signs/Non-Conforming Structure - Weaver Code Enforcement 2011-06-22 31 Debra O’Regan, daughter of the deceased owner, did not admit to the violation. Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on April 3, 2011, following the first inspection. Violations at 1700 Gulf-to-Bay Boulevard relate to an abandoned, non-conforming sign. Property photographs on April 1 and May 11, 2011 showed the rusty, abandoned, non-conforming sign and closed business. She said Ms. O’Regan had requested time to remove the sign but never identified a final date. Ms. O’Regan said the sign issue would have been addressed had someone notified her earlier. She said three different tenants had signed leases to rent the property but could not afford to meet code requirements; she said it is unconstitutional that her family is unable to lease the property. She said homeless problems on the property are a nightmare. She had hoped a future tenant would cover signage expenses. She said she is working to mitigate the costs of maintaining the property and limit her financial exposure. 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. Inspector Weaver recommended compliance in 30 days or a fine of $100 per day be imposed. Ms. O’Regan offered to remove sign inserts and requested that the pole remain and a future tenant be allowed to assume responsibility for the sign. Member van Weezel moved to enter an order requiring the Respondent to correct the violation on or before July 22, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 the non-conforming sign and its structure are abandoned. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1803.A, 6-104.B, and 6-102.E as referred in the Affidavit in this case. ORDER Code Enforcement 2011-06-22 32 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 22, 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 notify Inspector Mary Jo Weaver, 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.22 Case 42-11 Orville Tucker Sr. 1700 Gulf to Bay Boulevard Exterior Surfaces – Schaar Debra O’Regan, daughter of the deceased owner, did not admit to the violation. Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was issued on April 7, 2011, following the first inspection. Violations at 1700 Gulf-to-Bay Boulevard relate to failing paint, visible mildew, collapsing fencing, boarded windows, debris, and overgrown landscaping. Property photographs on April 1, 2011 showed public nuisance conditions, failing paint, mildew, boarded windows, collapsed fence, a lot clearing violation, and unmaintained right-of-way. Photographs on June 20, 2011 showed the public nuisance had been addressed by clearing the debris and brush but other violations remained, including wood planks in the parking lot and sidewalk area, scattered posts connected to rebar, cardboard debris, boarded windows, mildew, rust, no uniform paint color, and an unsecured fence. Ms. O’Regan said the building was broken into several times and homeless were found living in the rear building. She said windows were boarded after vandals broke them. She expressed concern they would be broken again if she replaced them. She said she often stops by the property to clear debris, but it keeps reappearing. She said she had painted over graffiti on the rear wall. She said many problems would be eliminated if the property was leased. She did not want to invest more money into the property until it is leased or sold. She said she had hired a company to maintain the property. Code Enforcement 2011-06-22 33 Member Strickland 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 Schaar requested a declaration of violation for the debris and public nuisance condition and to recommended compliance for windows, exterior maintenance, and fencing in 60 days or a fine of $100 per day per violation be imposed. Ms. O’Regan said she needed specific instruction regarding compliance. She said patrols to stop littering and homeless problems are the City’s responsibility. Attorney for the Board Andy Salzman recommended that Ms. O’Regan speak with staff regarding compliance. Member van Weezel moved to enter an order requiring the Respondent to correct the violation on or before August 21, 2011. If the Respondent does not comply within the time specified, the Board may order a fine of $200.00 per day per violation for each day violations related to the windows, fence, and exterior maintenance continue to exist. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 paint is failing, mildew is visible, fencing is collapsing, windows are boarded, and debris and a public nuisance had been present. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1502.B, 3-808, and 3-808.A.1, 3-1502.C.3, and 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 August 21, 2011. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $100.00 per day per violation for each day violations continue 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) 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. Code Enforcement 2011-06-22 34 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 June 2011, at Clearwater, Pinellas County, Florida. 2.23 Case 43-11 GTE Florida Inc. 1280 Cleveland Street Development Code Violation – Schaar Robert Pergolizzi, Gulf Coast Consulting, representing the owner, admitted to the violation. Inspector Schaar provided a PowerPoint presentation. A notice of violation was issued on May 4, 2011, following staff’s conversation with Verizon Corporate Real Estate representative, Doug Dale. Violations at 1280 Cleveland Street relate to failure of the property owner to comply with Community Development Board development order to submit a building site permit application for site improvements. 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. Inspector Schaar recommended compliance by submitting a building site permit application by July 22, 2011, or a fine of $200 per day be imposed. Mr. Pergolizzi said the applicant agreed to meet Code. Member Strickland moved to enter an order requiring the Respondent to correct the violation by submitting a building site permit application by July 22, 2011. If the Respondent does not comply within the time specified, the Board may order a fine of $200.00 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 2011, after due notice to the Respondent(s), and having heard testimony under oath and Code Enforcement 2011-06-22 35 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 building site permit application was not submitted. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 1-104.B The Respondent(s) is/are 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 July 22, 2011. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200.00 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 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.24 Case 44-11 Rule LLP 23 S. Myrtle Avenue Exterior Surfaces – Schaar No one was present to represent the owner. Inspector Schaar provided a PowerPoint presentation. A notice of violation was issued on April 7, 2011, following the first inspection. Violations at 23 S. Myrtle Avenue relate to failing Code Enforcement 2011-06-22 36 and peeling paint exposing the ceiling of the overhang and paint needed on the exposed concrete wall of the east side. Property photographs on May 17, 2011 showed the failing paint, paint peeling from the overhang’s ceiling, rust streaks on a wall, an unpainted concrete wall, and unmaintained right-of-way. Property photographs on June 20, 2011 showed the overgrowth had been cleared but not other violations had been addressed. The property has several buildings. 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 Schaar recommended compliance by July 22, 2011, or a fine of $100 per day be imposed. Member Johnson moved to enter an order requiring the Respondent to correct the violation by submitting a building site permit application by July 22, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 paint is failing, unpainted concrete wall on east side and ceiling of overhang need to be painted, and rights-of- way are overgrown, weedy, and unsightly. 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.B, 3-1503.B.8, and 3-1503.B.7 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 22, 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 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. Code Enforcement 2011-06-22 37 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 June 2011, at Clearwater, Pinellas County, Florida. 2.25 Case 45-11 Rule LLP 802 Park Street Windows/Maintenance – Schaar No one was present to represent the owner. Inspector Schaar provided a PowerPoint presentation. A notice of violation was issued on April 7, 2011, following the first inspection. Violations at 802 Park Street relate to windows that are boarded or covered with brown paper, overgrowth, weeds, and debris. Property photographs on May 17, 2011 showed windows boarded or covered with brown paper, an overflowing dumpster, trash and concrete blocks on the property, overgrowth blocking the sidewalk and an unmaintained right-of-way. The site was brought into compliance as of April 21, 2011. 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 Schaarrequested a declaration of violation. 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. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 Code Enforcement 2011-06-22 38 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 3- The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 1502.C.3, 3-1503.B.1, and 3-1503.B.7 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 Respondent(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 22nd day of June 2011, at Clearwater, Pinellas County, Florida. 2.26 Case 46-11 Episcopal Church of the Ascension 615 Bay Avenue Dev. Code Violation/Accessory Structure Location/Institutional District Intent & Purpose – Schaar Case 46-11 was automatically continued to July 27, 2011. 2.27 Case 47-11 Terry Tsafatinos 514 Park Street Exterior Surfaces – Schaar Property owner Terry Tsafatinos said the violations already were corrected. Code Enforcement 2011-06-22 39 Inspector Schaar provided a PowerPoint presentation. A notice of violation was issued on April 7, 2011, following the first inspection. Violations at 514 Park Street relate to failing paint on the discolored concrete walls in the parking lot, an accumulation of weeds, debris, brush, and logs in the parking lot and right-of-way blocking pedestrian movement on the sidewalk. Property photographs on April 14, 2011, showed failing paint and mildew on the concrete walls and debris in the parking lot and right-of-way. Property photographs on May 17, 2011, showed the right-of-way had been cleared. Property photographs on June 10, 2011 showed the logs remained in the parking lot and failing paint and mildew remained on the concrete walls. Mr. Tsafatinos said he and his tenants had not created the violations. He said a utility company had uprooted a tree, which belonged to the City, and left the logs on his property for Solid Waste to pick-up, which did not occur. He said he eventually put the logs in his dumpster. He said he had constructed the wall to protect his property and painted it green after it was vandalized with graffiti. He said the graffiti, not mildew, has become visible through the paint. He said bar patrons next door cause problems and throw bottles on his property. He said he had paid $200 to clean his parking lot. Discussion ensued with a comment that another coat of paint on the wall would solve the problem. A member asked Mr. Tsafatinos to paint the wall. Member Strickland moved to find that the Respondent(s) was in violation of the City of Clearwater Code of Ordinances related to the exterior surfaces of the wall. The motion was duly seconded and carried unanimously. Inspector Schaar recommended compliance by July 22, 2011, or a fine of $100 per day be imposed. Member van Weezel moved to enter an order requiring the Respondent to correct the violation by submitting a building site permit application by July 22, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 the paint is failing on the concrete walls in the parking lot. The Respondent(s) was/were present. CONCLUSIONS OF LAW 3-1502.B The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. Code Enforcement 2011-06-22 40 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 22, 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 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.28 Case 48-11 Bright Knight Properties LC 525 & 531 Cleveland Street Exterior Surfaces – Schaar Attorney Sheri Gerwe, representative for the property owner, admitted to the violation. Inspector Schaar provided a PowerPoint presentation. Notices of violation were issued on April 14 and May 17, 2011, following the first inspections. Violations at 525 & 531 Cleveland Street relate to failing, chipping, and mildewed paint on the front and rear of the building, damaged plaster with significant cracking, and plant material growing from the walls. Property photographs on April 14 and June 10, 2011 showed chucks of plaster missing from the walls, peeling, chipped, and mildewed paint, and cracks in the wall. Property photographs on June 20, 2011 showed Solid Waste had installed curb stops by the dumpsters so they no longer rub against the building. According to the Fire Department, the dumpsters are permitted in this location because they have wheels on them. Ms. Gerwe disagreed, stating the Fire Chief had indicated the dumpsters are not permitted in their current location. She said the dumpsters, which are used by other parties, had scraped and damaged the back wall of the subject building. She said the property owner had called Solid Waste regarding this issue for seven years and nothing was done. She said Code Enforcement 2011-06-22 41 the property owner did not want to repair the wall until dumpster issues were resolved. She requested 60 days to obtain quotes. Member Strickland moved to find that the Respondent(s) was in violation of the City of Clearwater Code of Ordinances related to the exterior surfaces of the wall. The motion was duly seconded and carried unanimously. Inspector Schaar recommended compliance by August 21, 2011, or a fine of $100 per day be imposed. Ms. Gerwe requested that the motion require the City to pay for painting the portion of wall marked up by the dumpsters. It was stated the board does not have that authority. Member Johnson moved to enter an order requiring the Respondent to correct the violation by submitting a building site permit application by August 21, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 paint on the front and rear of the building is failing, chipping, and mildewed, plaster is damaged, much cracking is evident, and plant material is growing from the walls. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW 3-1502.B The Respondent(s) is/are 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 August 21, 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 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. Code Enforcement 2011-06-22 42 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 June 2011, at Clearwater, Pinellas County, Florida. 2.29 Case 49-11 Moana B. & Rey Jakosalem 1317 Byron Drive Exterior Surfaces – Wilson No one was present to represent the owner. Inspector Kyle Wilson provided a PowerPoint presentation. A notice of violation was issued on March 15, 2011, following the first inspection. Violations at 1317 Byron Drive relate to a loosened gutter. Property photographs on March 15, May 5, and June 10, 2011 showed the front gutter is loose and hanging off the house. The house appears to be vacant. Member Johnson moved to find that the Respondent(s) was in violation of the City of Clearwater Code of Ordinances related to the exterior surfaces of the wall. The motion was duly seconded and carried unanimously. Inspector Wilson recommended compliance by July 27, 2011, or a fine of $100 per day be imposed. Member van Weezel moved to enter an order requiring the Respondent to correct the violation by submitting a building site permit application by July 27, 2011. If the Respondent does 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. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 Code Enforcement 2011-06-22 43 Based upon the testimony and evidence received, it is evident that the front gutter is hanging off the house. The Respondent(s) was/were not present. CONCLUSIONS OF LAW 3-1502.B The Respondent(s) is/are 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 July 27, 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 notify Inspector Kyle Wilson, 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 2.30 Case 50-11 Kathryn A. & John W. Warner 809 Spencer Avenue Permitting Issues – Wilson Property owner John Warner did not admit to the violation. Inspector Wilson provided a PowerPoint presentation. A notice of violation was issued on April 21, 2011, following the first inspection. Violations at 809 Spencer Avenue relate to a second driveway that is not permitted. Property photographs on June 21, 2011 showed the property has two non connected driveways with a portion of the side of one driveway extending into the setback. The second driveway was installed 15 years ago and was present through two previous owners. There is no statute of limitations for permits. Permit records are available Code Enforcement 2011-06-22 44 back to 2000; previous records are on microfilm. Inspector Wilson did not know if a permit had been pulled for the second driveway. Nothing in the records indicate that installation of the pavers was permitted. Mr. Warner said according to neighbors, the driveway was installed in the mid 1990s. Discussion ensued with comments that it seemed unfair for a future buyer to be saddled with this type of issue and the full record had not been presented. Concern was expressed that a precedent not be set. Member Strickland moved to enter an order to find the Respondent not in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case, and this case is dismissed. The motion was duly seconded. Concern was expressed that two driveways continue to exist. Upon the vote being taken, Members Schultz, Cole, Strickland, and Johnson voted “Aye”; Member van Weezel and Chair Boutzoukas voted “Nay.” Motion carried. Assistant City Attorney Camilo Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 2011, after due notice to the Respondent(s), and having hear testimony under oath and received evidence, the Board issues to 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 that the condition does not exist.The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are not in violation of the City of Clearwater Code Section(s) 47.083 and 47.111 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that this Case 50-11 shall be dismissed. DONE AND ORDERED this 22nd day of June 2011, at Clearwater, Pinellas County, Florida. 2.31 Case 51-11 Kathryn A. & John W. Warner 809 Spencer Avenue Dev. Code Violation/Required Setbacks/Canvas Structures - Wilson Property owner John Warner did not admit to the violation. Code Enforcement 2011-06-22 45 Inspector Wilson provided a PowerPoint presentation. A notice of violation was issued on April 21, 2011, following the first inspection. Violations at 809 Spencer Avenue relate to a deteriorating canvas covered carport that encroaches in the five-foot setback. Property photographs on January 11 and May 5, 2011 showed the accessory structure encroaches in the five-foot setback and is covered with canvas, which is not a permitted material. Mr. Warner said the carport was present when he purchased the property. Attorney Salzman said no one should have referred to the carport as being grandfathered because its location is within the five-foot setback. Attorney Soto said the structure has never been legal. It was suggested that Mr. Warner discuss a replacement structure with staff. 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. Inspector Wilson recommended compliance by July 27, 2011, or a fine of $100 per day be imposed. Mr. Warner requested 60 days to comply due to health issues. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before August 21, 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. The motion was duly seconded and carried unanimously. Assistant City Attorney Camilo Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on June 22, 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 the canvas covered carport is deteriorating and encroaches in the five-foot setback. The Respondent(s) was/were present. CONCLUSIONS OF LAW 1-104.B, The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-903.A and 3-201.B.9 as referred in the Affidavit in this case. ORDER Code Enforcement 2011-06-22 46 It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by August 21, 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 notify Inspector Kyle Wilson, 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. 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 June 2011, at Clearwater, Pinellas County, Florida. 3. UNFINISHED BUSINESS 3.1 Case 17-11 Affidavit of Compliance Anand & Jaya Udhwani 1370 Pierce Street Exterior Storage - Schaar 3.2 Case 11-06 Affidavit of Compliance Church of Scientology Religious Trust 319 S. Garden Ave. Fees/Required Inspections - Garriott Member Cole moved to accept the Affidavits of Compliance for Cases 17-11 and 11-06. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS: None 5. NUISANCE ABATEMENT LIEN FILINGS: Patricia A. Nelson PNU2011-00357 2303 St. Charles Drive 19-29-16-59004-000-2190 $366.30 Code Enforcement 2011-06-22 47 s Thomas R. & Linda Beattie PNU2011-00254 1423 Union Street 02-29-15-88182-000-0670 $418.10 Chuck C. Broadhurst PNU2011-00518 1112 Palm Bluff Street 10-29-15-33552-006-0390 $310.52 New Millennial LC PNU2011-00288 1325 Tioga Avenue 22-29-15-48978-002-0090 $360.20 30 Days Real Estate PNU2011-00517 1140 Palm Bluff Street 10-29-15-33552-006-0520 $353.54 Member van Weezel moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES—May 25, 2011 Member van Weezel moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of May 25, 2011, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 7:09 p.m. La.4.4 -6'./14411r- . Chair / Municipal Code Enfor,e- ent Board Attest: I. _:, •�L rig _ �ZNEC�rj� % Secret•'ry or the Board N 4* 6 fit Code Enforcement 2011-06-22 48