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07/27/2011 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 27, 2011 Present: Michael Boutzoukas Chair Duane Schultz Vice-Chair Phillip J. Locke Board Member Sheila Cole Board Member James E. Strickland Board Member Sue A. Johnson Board Member Absent: Donald van Weezel 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 3:00 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. PUBLIC HEARINGS 2.1 Case 46-11 – Continued from June 22, 2011 Episcopal Church of the Ascension 615 Bay Avenue Dev. Code Violation/Accessory Struct. Location/Inst. District Intent & Purpose – Schaar Case 46-11 was continued automatically to August 24, 2011. 2.2 Case 52-11 Mary M. Jones 2021 Oakdale Way Hauling Trailer – Franco Property owner Mary Margaret Jones admitted to the violation. Member Locke moved to find that the Respondent(s) was in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Code Enforcement 2011-07-27 1 Board may order a fine for each day the violation continues to exist after the Respondent is notified of the repeat violation. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on July 27, 2011, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW 3- The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) 1407.A.2.c and 3-1407.A.3.c 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 27th day of July 2011, at Clearwater, Pinellas County, Florida. 2.3 Case 53-11 Mary M. Jones 1223 Idlewild Drive Ext. Surfaces, Roof Maintenance, Ext. Storage, Outdoor Display - Franco Code Enforcement 2011-07-27 2 Property owner Mary Margaret Jones said the violations had been repaired. She said she is waiting for the weather to clear and a roofer to repair the roof. She questioned if the table on the porch must be removed. Member Johnson moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case to include outdoor storage and a roof in need of maintenance. The motion was duly seconded and carried unanimously. Inspector Franco recommended compliance by August 17, 2011, or a fine of $100 per day per violation be imposed. In response to a request, she presented photographs from the PowerPoint presentation. A property photograph of 1223 Idlewild Drive on April 1, 2011 showed a wrought iron table and two rocking chairs covered with cardboard on the front porch, which is visible from the street. A July 26, 2011 property photograph showed only the table on the porch; the indoor chairs had been removed. The table, with a glass top, is typically used as an indoor coffee table. James Sanker said he is a tenant and a neighbor had given him the furniture, which is for outdoor use. He said the table has a heavy glass top and one of the chairs is rattan. He said the other chair is laminated with marine varnish and has marine cushions which dry quickly. Attorney Soto said interior furniture is being used outside; the chairs absorb water and the table is used for traditional indoor uses. Discussion ensued with comments it would be a repeat violation if the chairs reappear on the porch. Concern was expressed that many people use wrought iron tables in their yards and it may be difficult for homeowners to determine which furniture is designed for inside use only. Member Schultz moved to enter an order indicating the subject table complies with Code and requiring the Respondent to correct the violation related to the unmaintained roof on or before September 17, 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. Concern was expressed that the roof should be repaired sooner. Member Schultz moved to amend his motion to enter an order indicating the subject table complies with Code and requiring the Respondent to correct the violation related to the roof on or before August 31, 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 seconder seconded the amended motion and the motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on July 27, 2011, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Code Enforcement 2011-07-27 3 Based upon the testimony and evidence received, it is evident that the roof is not in a watertight condition. The Respondent(s) was/were present. CONCLUSIONS OF LAW 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1502.D.1, 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 31, 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 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 27th day of July 2011, at Clearwater, Pinellas County, Florida. 3. UNFINISHED BUSINESS 3.1 Case 37-11 Affidavit of Compliance Gulf to Bay Investments LLC 1996 Gulf-to-Bay Boulevard Abandoned Signs – Weaver 3.2 Case 40-11 Affidavit of Compliance Carol Korotkow 804 Spencer Avenue Landscaping Required (3-1502.H.2 – Middle Area) – Phillips 3.3 Case 43-11 Affidavit of Compliance GTE Florida, Inc. Code Enforcement 2011-07-27 4 1280 Cleveland Street Development Code Violation - Schaar 3.4 Case 41-11 Affidavit of Compliance Orville Tucker, Sr. 1700 Gulf-to-Bay Boulevard Abandoned/Non-Conforming Sign – Weaver 3.5 Case 47-11 Affidavit of Compliance Terry Tsafatinos 514 Park Street Exterior Surfaces - Schaar Member Schultz moved to accept the Affidavits of Compliance for Cases 37-11, 40-11 (3-1502.H.2), 41-11, 43-11, and 47-11. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS 4.1 Case 38-11 – Request for Rehearing/Reconsideration Mary Margaret Jones 2021 Oakdale Way Development Code Violation - Franco It was commented that no new evidence was presented and there is no reason to rehear the case. In response to a question, Inspector Franco indicated she had not told the Respondent that families must be related by blood. Concern was expressed that boarding houses not circumvent regulations in place to protect neighbors. Member Strickland moved to deny the request for a rehearing/reconsideration of Case 38-11. The motion was duly seconded and carried unanimously. 5. NUISANCE ABATEMENT LIEN FILINGS: Kenneth L. & Rebecca I. Cotton PNU2011-00023 th 8151 46 Avenue #131 03-29-15-08388-001-0170 $385.22 Jeanette Joerin PNU2011-00216 315 N. Washington Avenue 10-29-15-18414-002-0110 $439.40 Joseph M. Loy PNU2011-00425 300 N. Washington Avenue 10-29-15-18414-001-0070 $432.50 Code Enforcement 2011-07-27 5 Liberty Mirabel LLC PNU2011-00456 211 Skiff Pt 08-29-15-43398-000-0340 $375.80 Brian A. Gumto PNU2011-00485 1555 Elizabeth Lane 02-29-15-87930-001-0010 $410.00 Milford Chavous PNU2011-00540 410 Pennsylvania Avenue 10-29-15-72000-005-0010 $356.00 Henry F Lane Est. PNU2011-00635 1156 LaSalle Street 10-29-15-33552-005-0610 $265.52 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES —June 22, 2011 Member Cole moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of June 22, 2011, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA Consensus was for future MCEB (Municipal Code Enforcement Board) meetings to start at 1:30 p.m. The Board Secretary will verify this change via email. 7. ADJOURN: The meeting adjourned at 3:53 p.m. /A.4AIl ii_/l. Chair Municipal Code Enforce., ent Board Attest: -St p(„of�yfC��� r Sec - a for the Board 0C, Aft. W °" '4T"ER F\ ` ' Code Enforcement 2011-07-27 6