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03/28/2012 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 28, 2012 Present: Michael Boutzoukas Chair Duane Schultz Vice-Chair Sheila Cole Board Member James E. Strickland Board Member Sue A. Johnson Board Member Michael J. Riordon Board Member Wayne Carothers 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. APPROVAL OF MINUTES – February 22, 2012 Member Johnson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of February 22, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. PUBLIC HEARINGS 3.1 Case 03-12 – Continued from January 25, 2012, Continued to April 25, 2012 Gilbert G. Jannelli 1411 Gulf-to-Bay Boulevard Abandoned Signs, Non-Conforming Signs – Weaver Case 03-12 was continued automatically to April 25, 2012. 3.2 Case 08-12 Trust #100 100 S. Fredrica Avenue Residential Business Tax Receipt – McMahan No one was present to represent the owner. Code Enforcement 2012-03-28 1 Inspector Janet McMahan provided a PowerPoint presentation. A notice of violation was issued on December 22, 2011, following the first inspection. The violation at 100 (101, 102, 103) S. Fredrica Avenue relates to the owner of this rental property not obtaining a required BTR (Business Tax Receipt). A property photograph on November 29, 2011, showed the 4-unit apartment building with mail visible in 3 of its 4 mailboxes. Inspector McMahan said the property owner never responded to her efforts to contact; she also spoke to tenants and gave her business card to the handyman, requesting that he notify the property owner. Member Cole moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector McMahan recommended compliance by May 25, 2012 or a fine of $100 per day be imposed. A higher fine was recommended as the property owner has had sufficient time to comply. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before May 25, 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 March 28, 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 four-unit apartment building is being rented without a required Residential Business Tax Receipt. The Respondent(s) was/were not present. CONCLUSIONS OF LAW 3-2302 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 May 25, 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 Janet McMahan, who shall inspect the property and notify Code Enforcement 2012-03-28 2 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 28th day of March 2012, at Clearwater, Pinellas County, Florida. 3.3 Case 09-12 Charles Raubeson 881 Bruce Avenue Business Tax Receipt Required/Delinquent Business Tax Receipt – McMahan No one was present to represent the owner. Inspector Janet McMahan provided a PowerPoint presentation. A notice of violation was issued on January 7, 2010, following the first inspection. Violations at 881 Bruce Avenue relate to the BTR (Business Tax Receipt), which is delinquent and has not been renewed. City utility records were presented that indicate four tenants had obtained City utility services for this address since September 2008. The property owner serves in the military and claimed exemption from BTR requirements based on the SCRA (Servicemembers Civil Relief Act). The Legal Department reviewed the claim and concluded the SCRA does not exempt service members from BTR payments. The property owner did not respond to her letter advising him of this opinion. It was noted the property owner was not stationed in a war zone. 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 McMahan recommended compliance by May 25, 2012, or a fine of $100 per day be imposed. The property owner paid $30 to obtain a BTR on October 22, 2007, but never renewed it. Attorney Soto submitted composite exhibits. Code Enforcement 2012-03-28 3 Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before May 25, 2012. 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 Schultz, Strickland, Johnson, Riordon, Carothers and Chair Boutzoukasvoted “Aye”; Member Colevoted “Nay.” Motion carried. This case came before the City of Clearwater Code Enforcement Board on March 28, 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 single-family home is being rented without a renewed Residential Business Tax Receipt, a requirement not exempted by the Servicemembers Civil Relief Act. The Respondent(s) was/were not present. CONCLUSIONS OF LAW 29.30(1) The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) and 29.40(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 Community Development Code by May 25, 2012. 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 Janet McMahan, 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 28th day of March 2012, at Clearwater, Pinellas County, Florida. Code Enforcement 2012-03-28 4 3.4 Case 10-12 US Bank Natl Assn Tre 510 N. Garden Avenue Abandoned Bldg/Nuisance/Public Nuisance Condition – Franco No one was present to represent the owner. Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on November 30, 2011, following the first inspection. Violations at 510 N. Garden Avenue relate to an abandoned building, a nuisance, and a public nuisance condition. The police often are called to this location due to transients; the property was abandoned two years ago. Photographs of the property on December 28, 2011, and March 16 and 27, 2012, showed open and broken doors allowing access to the warehouse and sheds, outdoor piles of debris, including a mattress, scattered contents in the sheds, a chain link fence that does not deter access to the rear of the property and access inside, remnants of transient activities in the warehouse and sheds, the charred remains of a shed, and fire damage to one nearby. Code enforcement staff came upon one woman living in a shed and five people living in the warehouse. The City has had no response to emails, certified mail, and police telephone calls to the bank which owns the property. Police Officer Bill Connell reported police calls to the subject property average two to three a week. During one visit, he found eight separate camps on the first floor of the warehouse. Transients ignore police warnings and are an ongoing problem. The property is in poor condition and cannot be secured. The Police Department contacted the bank to issue a blanket trespass warning; the bank did not respond. It was stated that site conditions are outrageous and cannot be tolerated. Member Strickland 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 Franco recommended compliance by April 30, 2012 or a fine of $200 per day per violation be imposed. She reviewed her various forms of communication efforts with the bank. Due to the condition of the property and the bank’s lack of response to City efforts, it was recommended that the highest fine be imposed. Attorney Soto submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before April 18, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day per violation for each day each violation continues to exist. The motion was duly seconded. It was recommended that a homeless organization approach and advise people on site regarding options before changes occur. Concern was expressed the bank is not being a good citizen. Code Enforcement 2012-03-28 5 Upon the vote being taken, the motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on March 28, 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 warehouse and sheds are abandoned, full of debris, and a public nuisance as they are unsecured and used by transients. 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) 1503.B.2, 3-1503.A, and 3-1503.B.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 Community Development Code by April 18, 2012. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 per violation per day for each day violations continue 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 28th day of March 2012, at Clearwater, Pinellas County, Florida. Code Enforcement 2012-03-28 6 3.5 Case 11-12 James Shackelford 1118 Palm Bluff Street Landscape Cover – Franco Attorney Rosemary Shackelford was present to represent James Shackelford. Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on September 13, 2011, following the first inspection. Violations at 1118 Palm Bluff Street relate to a lack of landscape cover. Property photographs on August 9 and November 19, 2011, showed the yard was bare dirt. Property photographs on March 27, 2012, showed that mulch had been laid in the planting beds but lacked washout protection; the remainder of the yard is bare dirt. Attorney Rosemary Shackelford, representing James Shackelford, said until she arrived at this meeting, she thought the property met compliance. She reported James Shackelford had transferred the title of this rental property. The Municipal Code Enforcement Board recessed from 2:08 to 2:13 p.m. Attorney Soto reported James Shackelford had transferred his interest in the property via quitclaim deed on March 7, 2012; the property owner of record is Torey D. Taylor. Attorney Salzman said Mr. Taylor may not have been noticed regarding this hearing; the property was not staked. He recommended the item be continued and for the City to post the property and send related information to the new owner via certified mail. Member Schultz moved to continue Case 11-12 to April 25, 2012. The motion was duly seconded. The new property owner was welcomed to Clearwater and was requested to meet Code. Upon the vote being taken, the motion carried unanimously. 3.6 Case 12-12 Salimeh Harb 1430 Joel Lane Development Code Violation – Franco The Respondent was present. Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on February 7, 2012, following the first inspection. Violations at 1430 Joel Lane relate to tenants living in two units, separate from the main portion of the single-family residence. Property photographs on January 6 and February 17 and 22, 2012 showed the home’s back door entrance to two units, each featuring a bed, kitchen table, kitchen cabinets, kitchen sink, refrigerator, and microwave and from one unit, access via double doors to the main house. Code Enforcement 2012-03-28 7 Property owner Salimeh Harb said she had requested the roommates vacate her house. She said Building Official Kevin Garriott had told her that installing sinks in bedrooms was permitted as long as there were no ovens. She denied a violation exists. In response to questions, Inspector Franco said each dwelling unit has a separate bathroom; she did not check for a bathroom in the main house. Ms. Harb said her house has two mother-in-law bedrooms designed for family visits. She said she has roommates to help share expenses; one caused a commotion and brought children in without her permission. She said she has total access to every room in her house. She thought microwaves and refrigerators were permitted in bedrooms. She said the roommates pay rent. Building Official Kevin Garriott said according to the Building Code, he would not deem these rooms to be living units as they lack cook tops. It was noted the property is not zoned for boarding houses. Attorney Soto said the house, zoned as a single-family residence, currently has a multi-family use. Neighbor Vern Humphrey expressed concern that possible safety issues exist and said the renters are rude, noisy all night, decrease his property values, and lower his quality of life. Member Strickland 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 Franco recommended compliance by April 30, 2012 or a fine of $150 per day be imposed. Ms. Harb said she could comply with the recommendation as her roommates are scheduled to vacate by that date. It was noted a repeat violation could be declared if the property owner rents rooms out again. Attorney Soto submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before April 30, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist. The motion was duly seconded. It was felt the property owner had not violated the Code intentionally. Shock was expressed that City staff can enter a residence and photograph its interior. It was stated that board members are obligated to enforce City Codes as they exist and political commentary is inappropriate at board meetings because it could taint board actions. Upon the vote being taken, the motion carried unanimously. This case came before the City of Clearwater Code Enforcement Board on March 28, 2012, after due notice to the Respondent(s), and having heard testimony under oath and Code Enforcement 2012-03-28 8 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 several families live in the house, which is zoned single-family. 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 Community Development Code by April 30, 2012. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150.00 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 28th day of March 2012, at Clearwater, Pinellas County, Florida. Code Enforcement 2012-03-28 9 4. UNFINISHED BUSINESS 4.1 Case 24-07 Affidavit of Compliance Alice J. Monroe 2468 Timbercrest Circle Maintenance of Abutting Rights-of-Way/Lot Clearing Violation - Phillips Member Schultz moved to accept the Affidavit of Compliance for Case 24-07. The motion was duly seconded and carried unanimously. 5. NEW BUSINESS: None. 6. NUISANCE ABATEMENT LIEN FILINGS: Britta Kolar PNU2011-01731 1742 Sunset Drive 04-29-15-61488-012-0020 $356.32 Cindy L. Yeisley, Est PNU2011-01977 1470 Pinebrook Drive 11-29-15-65826-000-0540 $323.11 Tracy Dardini PNU2011-02164 1414 Thames Lane 02-29-15-10926-000-0810 $269.25 Nestor Lira PNU2011-02237 59 Acacia Street 05-29-15-54666-027-0030 $268.25 Trust No. 1238 PNU2011-02272 1244 Vista Way 03-29-15-36666-002-0270 $345.80 Bank of America PNU2011-02309 2126 Centerview Court 32-28-16-47683-000-0170 $710.00 Mary D. Turino PNU2011-02319 3140 Masters Drive 20-28-16-18667-000-0020 $675.27 Grant & Venussa Boshoff PNU2011-02361 601 Wildwood Way 21-29-15-06948-004-0010 $267.26 Code Enforcement 2012-03-28 10 Trust No. 1238 PNU2011-02376 1836 Pineland Drive 03-29-15-36666-002-0260 $345.80 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 2:46 p.m. .1):),%-‘..."---Q.....Q..... Attest: Chair Municipal Code Enforcement Board Secretary for the :oard t toFTye `+1 aim0 H , : C, _-_ . 1 4.a�� 4 f Code Enforcement 2012-03-28 11