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02/22/2012 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 22, 2012 Present: Michael Boutzoukas Chair Duane Schultz Vice-Chair Sheila Cole Board Member Sue A. Johnson Board Member Michael J. Riordon Board Member Wayne Carothers Board Member Absent: James E. Strickland Board Member Also Present: Caitlin E. Sirico 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. APPROVAL OF MINUTES – January 25, 2012 Member Schultz moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of January 25, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. PUBLIC HEARINGS 3.1 Case 05-12 – Continued from January 25, 2012 - WITHDRAWN Frances Davis, Ashley Duncan, & Dixie Duncan 808 Spencer Avenue Exterior Surfaces – Ruud Case 05-12 was withdrawn. 3.2 Case 06-12 Dimitrios Kapetanopoulos 705 Court Street Exterior Surfaces – Schaar Code Enforcement 2012-02-22 1 No one was present to represent the owner. Inspector Shelby Schaar provided a PowerPoint presentation. A notice of violation was issued on November 7, 2011, following the first inspection. Violations at 705 Court Street relate to exterior surfaces. Property photographs on November 2, 2011, showed the building’s exterior has extensive mildew, peeling and failing paint, and damaged, deteriorated surfaces. In response to a question, she said she was unaware of any structural deterioration. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Schaar recommended compliance by April 22, 2012 or a fine of $200 per day be imposed. She first contacted the property owner in April 2011, and later sent three notices regarding compliance. The property owner’s attorney advised staff of the owner’s special circumstances. She felt 60 days provided sufficient time. It was reported the property owner has faced serious health issues and wants to sell the property. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before April 22, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $200 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on February 22, 2012, 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 building’s exterior has extensive mildew, peeling and failing paint, and damaged, deteriorated surfaces. 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 , 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 Community Development Code by April 22, 2012. 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 Code Enforcement 2012-02-22 2 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 February 2012, at Clearwater, Pinellas County, Florida. 3.3 Case 07-12 GTE Florida Inc 1280 Cleveland Street Development Code Violation - Schaar Inspector Schaar provided a PowerPoint presentation. A property photograph on May 20, 2011 showed the GTE building at 1280 Cleveland Street. On June 22, 2011, the MCEB (Municipal Code Enforcement Board) issued an order for Case 43-11, requiring this property owner to file for a permit. The building permit application, filed in July 2011, was incomplete and the owner took no further action through January 2012. A notice of violation was issued on December 5, 2011. Violations relate to the property owner’s failure to commence and complete required landscaping and improvement work. The building permit was issued yesterday. Robert Pergolizzi, representative for the property owner, admitted to the violation. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Schaar recommended compliance by March 23, 2012 or a fine of $200 per day be imposed. Mr. Pergolizzi said the motion of commencement has been filed. He reviewed planned improvements and requested an additional week to complete the work. Attorney Soto submitted composite exhibits. Code Enforcement 2012-02-22 3 Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before March 31, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $200 per day for each day the violation continues to exist. The motion was duly seconded. It was suggested that additional time should not be granted as the property owner originally agreed to complete this project in 2008. Upon the vote being taken, the motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on February 22, 2012, 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 landscaping and improvement work has not been done. 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 Community Development Code by March 31, 2012. 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. Code Enforcement 2012-02-22 4 DONE AND ORDERED this 22nd day of February 2012, at Clearwater, Pinellas County, Florida. 4. UNFINISHED BUSINESS 4.1 Case 53-11 Affidavit of Compliance Mary Margaret Jones 1223 Idlewild Drive Exterior Surfaces/Roof Maintenance — Franco 4.2 Case 68-11 Affidavit of Compliance Leona Roots 513 N. Garden Avenue Exterior Surfaces - Franco 4.3 Case 69-11 Affidavit of Compliance D Guy McMullen Property Inc. 1901 Edgewater Drive Abandoned/Non-Conforming Signs —Weaver Member Johnson moved to accept the Affidavit of Compliance for Cases 53-11, 68-11, and 69-11. The motion was duly seconded and carried unanimously. 5. NEW BUSINESS: None. 6. NUISANCE ABATEMENT LIEN FILINGS: Daniels, Johnny L Est PNU2011-01919 1405 N Garden Avenue 09-29-15-92808-000-0130 $345.32 Gary Winn, Est PNU2011-02196 1752 Thames Street 02-29-15-09126-000-0670 $417.25 Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 1:53 p.m. /1 Attest: Chair / Municipal Code Enfor.-ment Board i d4 _* ! iiI -r §EeQ�o,1, \`∎ ec etary for the a bard _ \ �b,�' Code Enforcement 2012-02-22% �!' 5 it 4,4 k RF ®