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11/28/2012 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 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 – October 24, 2012 Member Carothers moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of October 24, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. PUBLIC HEARINGS 3.1 Case 45-12 – Cont’d from 10/24/12 David Ganglehoff 400 N. Garden Avenue Inoperative Vehicle/Maintenance of Abutting Rights-of-Way – Franco Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were issued on October 13, 2010, and June 29 and August 31, 2012, following inspections. Violations at 400 N. Garden Avenue relate to an overgrown property and storage of boat trailers and inoperable boats. Property photographs on July 27, August 10, and November 28, 2012, showed numerous boat trailers and inoperable boats buried in overgrowth. Laurie Nelson was present and stated that property owner David Ganglehoff was ill. She testified that she was the property manager and admitted to the violations. Code Enforcement 2012-11-28 1 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 Franco recommended compliance by January 28, 2013 or a fine of $150 per day per violation be imposed. She said Ms. Nelson has been actively cleaning up the two properties. Ms. Nelson said the contractor had indicated it would take an additional 6 months to clear the property of boat trailers and boats which had accumulated over the past 40 years. She said some boats had been dumped in the rear alley before it was vacated, some were abandoned; and others were accepted as trade-ins for Mr. Ganglehoff’s boat storage and service business. She said the property is fenced. She reviewed efforts to clear the property. She did not know how many boats remained. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before May 22, 2013 and for staff to schedule a Status Check on March 27, 2013. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on November 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 numerous inoperable boats and boat trailers are buried in overgrowth. 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) 1503.B.6, 33.055(1), 3-1503.B.10, 3-1503.B.7, and 3-1503.B.8 , 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 22, 2013. 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 each 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 Code Enforcement 2012-11-28 2 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 November 2012, at Clearwater, Pinellas County, Florida. 3.2 Case 46-12 – Cont’d from 10/24/12 TSETSE LLC 314 N. Garden Avenue Inoperative Vehicle/Fences & Walls – Franco Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were issued on May 31 and August 31, 2012, following inspections. Violations at 314 N. Garden Avenue relate to the storage of boat trailers and inoperable boats. Property photographs on August 2 and November 28, 2012, showed boat trailers and inoperable boats. Laurie Nelson was present and testified that she represented the prior property owner who gave up ownership of the property. She admitted to the violation. Member Riordon 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 January 28, 2013 or a fine of $150 per day be imposed. Ms. Nelson said David Ganglehoff sold this parcel in November 2005 and the purchaser backed out of the sale in 2008. She said Mr. Ganglehoff is taking steps to regain ownership and has paid the property’s back taxes and late fees. She said they have removed 11 boats. She said Mr. Ganglehoff owns the entire block and, with a greatly reduced staff, continues to run his boat storage and service business from a separate parcel. She estimated that the subject property is 75% cleared and reviewed difficulties to remove remaining boats Attorney Soto submitted composite exhibits. Code Enforcement 2012-11-28 3 Member Cole moved to enter an order requiring the Respondent to correct the violation on or before March 27, 2013. 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 and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on November 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 boat trailers and inoperable boats are stored on the property. 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) 1503.B.6, 33.055(1), 3-808, 3-808.A.1, 3-808.A.2, 3-808.A.5, and 3-808.A.6 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 27, 2013. 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 November 2012, at Clearwater, Pinellas County, Florida. Code Enforcement 2012-11-28 4 3.3 Case 51-12 – Cont’d from 10/24/12 1822 Drew LLC 1822 Drew Street Exterior Surfaces/Parking Lot Surfaces/Door & Window Openings – Phillips Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on July 21, 2012, following the first inspection. Violations at 1822 Drew Street relate to exterior surfaces, parking lot surfaces, and window openings. Property photographs on June 14, 2012, showed deteriorated paint, raw wood, a rusted awning support, graffiti, unmatched paint, a broken window, and parking surfaces covered with dirt and gravel. Property photographs on November 27, 2012, showed the building was painted but a window is broken and dirt and gravel cover parking surfaces. Peter Marks, manager of ECP Property Holdings LLC, parent company controlling property owner 1822 Drew LLC, was present and admitted to the violations. 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. The motion was duly seconded and carried unanimously. Inspector Philips recommended compliance by January 7, 2013, or a fine of $150 per day per violation be imposed. Mr. Marks said his firm is located in Princeton, New Jersey, which makes it difficult to manage the property. He said 1822 Drew LLC does not have a separate manager. He said his firms purchased local properties under foreclosure and in poor condition and have spent significant money on improvements. He said the subject building is an embarrassment, is expensive to maintain, and its few remaining tenants do not pay rent. He said he is looking for an anchor tenant to justify spending $100,000 on improvements. He said a church with space in the building recently painted it in lieu of rent and will repair the window this month. Mr. Marks said he planned to restore the parking lot when the building is rehabilitated. He said it would take a long time to develop engineering plans necessary to obtain a permit to restore the parking lot and the project would be very expensive. In response to questions, Inspector Phillips said Mr. Marks would have to discuss the project with Planning staff to determine minimum requirements. Planning & Development Director Michael Delk said a plan would have to be submitted to the City for a permit to be issued for construction of a daily use commercial parking lot. Discussion ensued with comments that staff is cognizant of board member concerns regarding the length of time it takes to obtain a parking lot permit and will provide the property owner sufficient time if progress towards compliance is satisfactory. Attorney Soto submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before January 23, 2013. If the Respondent does not comply within the time Code Enforcement 2012-11-28 5 specified, the Board may order a fine of $150 per day for each day the violations continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on November 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 a window is boarded and parking surfaces are in poor condition. 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 3-1502.K.4, and 3-1502.C.1.3.4 , 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 Community Development Code by January 23, 2013. 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 each violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Julie Phillips, 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 November 2012, at Clearwater, Pinellas County, Florida. 3.3 Case 34-12 – Continued from 7/25, 8/22, 9/26, & 10/24/12Withdrawn - Josee Goudreault & Dana T. Redd 1825 Venetian Point Drive Fences & Walls – Franco Code Enforcement 2012-11-28 6 3.4 Case 52-12 – Withdrawn – Complied Prior Ciro A. Romero 871 Casler Avenue Roof Maintenance, Fences & Walls – Phillips 3.5 Case 53-12 Charlie Harris Tre 702 N. Martin Luther King Jr. Avenue Exterior Surfaces – Franco Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on October 4, 2012, following the first inspection. Violations at 702 N. Martin Luther King Jr. Avenue relate to exterior surfaces. Property photographs on August, 2012, showed peeling paint on the fascia and mismatched paint on the structure. Property photographs on November 28, 2012, showed patching and painting were underway and the building was close to meeting compliance. Property owner Charlie Harris was present and admitted to the violation. 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 Philips recommended compliance by January 7, 2013, or a fine of $150 per day per violation be imposed. Mr. Harris said repairs should be completed by the end of the week. Attorney Soto submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before January 7, 2013. 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 and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on November 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 structure has paint that does not match and peeling paint. The Respondent(s) was/were present. CONCLUSIONS OF LAW Code Enforcement 2012-11-28 7 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 January 7, 2013. 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 November 2012, at Clearwater, Pinellas County, Florida. 3.6 Case 54-12 Klaus P. & Margaret J. Hilgers 210 N. Lincoln Avenue Public Health, Safety or Welfare Nuisance – Franco Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were issued on May 31 and August 13, 2012, following inspections. Violations at 210 N. Lincoln Avenue relate to the open-air swimming pool. Property photographs on September 4 and November 28, 2012, showed a hazardous swimming pool with unfiltered, opaque green water and floating material. Property owner Margaret Hilgers was present. She said she does not receive mail at the address listed by the Property Appraiser. She admitted to the violation. 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. The motion was duly seconded and carried unanimously. Code Enforcement 2012-11-28 8 Inspector Franco recommended compliance by January 7, 2013, or a fine of $100 per day be imposed. She said the gate to the pool is not secured and is slightly ajar. Ms. Hilgers said she does not have the wherewithal to comply until late February. She said after her husband passed away, she moved back to the property in 2009 and struggled to save it from foreclosure. She said the property was in disrepair and she spent significant funds addressing maintenance problems and clearing overgrowth. She said she had someone work on the pool last year and replaced the pool pump but additional expensive work is needed. Concerns were expressed that the condition of the swimming pool is a public health and safety problem and is more dangerous due to the unsecured gate. Attorney Soto submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to secure the gate by November 30, 2012 and to correct the violation related to the swimming pool on or before January 23, 2013. 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. This case came before the City of Clearwater Code Enforcement Board on November 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 gate accessing the swimming pool is not secure and the swimming pool is unmaintained and has opaque water. 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) 1503.B.5, 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 securing the gate accessing the swimming pool by November 30, 2012 and meeting Code compliance regarding the unmaintained swimming pool by January 23, 2013. 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. Code Enforcement 2012-11-28 9 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 November 2012, at Clearwater, Pinellas County, Florida. 3.7 Case 55-12 Zahid Roy 700 Minnesota Drive Door & Window Openings, Window Maint., Windows Facing Right-of-Way - Franco Inspector Peggy Franco provided a PowerPoint presentation. A notice of violation was issued on September 12, 2012, following the first inspection. Violations at 700 Minnesota Drive relate to broken and boarded windows. Property photographs on September 4, October 15, and November 15, 2012, showed many broken and boarded windows. Property photographs on November 28, 2012, showed broken windows were boarded and one broken window had a board behind it. The property is vacant. Police Report CW12-127892 related to criminal activity was filed. Police have increased neighborhood patrols. Property owner Zahid Roy was present. He said his property was being destroyed. He said people who oppose his political party affiliation were breaking his windows every day, which is a hate crime. He said the City failed to protect his property. He did not admit 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 Franco recommended compliance by January 7, 2013, or a fine of $100 per day be imposed. Concern was expressed that replacement windows may be broken. Ms. Franco reviewed methods to protect window glass. She said a permit may be required. It was suggested that someone living in the house may deter further damages. Mr. Roy said the windows are old and he would need to find someone to install new glass. Attorney Soto submitted composite exhibits. Code Enforcement 2012-11-28 10 Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before January 7, 2013. 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. This case came before the City of Clearwater Code Enforcement Board on November 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 structure has broken and boarded windows. 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.C.1, 3-1502.C.3, & 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 Community Development Code by January 7, 2013. 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 28th day of November 2012, at Clearwater, Pinellas County, Florida. 4. UNFINISHED BUSINESS Code Enforcement 2012-11-28 11 4.1 Case 40-07 Affidavit of Compliance John Gray 204 N. Pennsylvania Avenue Fences, Ext. Storage, Ext. Surfaces, Landscape Cover – Franco 4.2 Case 44-11 Affidavit of Compliance Rule LLP 23 S. Myrtle Avenue Exterior Surfaces - Schaar 4.3 Case 48-11 Affidavit of Compliance Bright Knight Properties LC 525 & 531 Cleveland Street Exterior Surfaces – Schaar 4.4 Case 22-12 Affidavit of Compliance LOM Inc. 311 S. Gulfview Boulevard Sea Turtle Nesting – O’Neil 4.5 Case 37-12 Affidavit of Compliance William Mickle Jr. 1496 S. Missouri Avenue Abandoned Signs/Non-Conforming Sign - Weaver Member Johnson moved to accept the Affidavits of Compliance for Cases 40-07, 44-11, 48-11, 22-12, and 37-12. The motion was duly seconded and carried unanimously. 5. NEW BUSINESS 5.1 Case 48-11 – Request for Fine Reduction Bright Knight Properties LC 525 & 531 Cleveland Street Exterior Surfaces – Schaar Brad Shepherd, of Berger Special Assets, said his management group was engaged by the property’s new owner. Staff reported fines total $44,300. The property is in compliance. Staff would support reducing the fine to administrative costs of $1,544.70. In response to a question, Mr. Shepherd said his management agreement was effective June 1, 2012. He said curing violations cost more than $8,500. He requested that the fine be reduced to administrative costs. He said working with City staff has been an absolute pleasure. Member Riordon moved to enter an order reducing the fine for Case 48-11 to administration costs of $1,544.70, payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. Code Enforcement 2012-11-28 12 The Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on November 28, 2012, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent(s) and considering that the property is now in compliance, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated September 28, 2011, as recorded in O.R. Book 17373, Pages 2500 - 2503, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $1,544.70 payable to the Petitioner within 30 days of the date of this Order. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $44,300.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of November 2012, at Clearwater, Pinellas County, Florida. 5.2 Case 43-12 – Request for Rehearing/Reconsideration Mary M. Jones 2021 Oakdale Way Development Code Violation – Franco Code Compliance Manager Terry Teunis reported Mary Jones had submitted a note indicating she had to leave today’s meeting for a doctor’s appointment. Patrick Snyder said he was not an attorney but was representing Ms. Jones in Federal Court and was present today as an observer. The Board took no action. Attorney Soto submitted Ms. Jones’ note. 5.3 Case 44-12 – Request for Rehearing/Reconsideration Mary M. Jones 1223 Idlewild Drive Exterior Storage/Outdoor Display - Franco The Board took no action. 6. NUISANCE ABATEMENT LIEN FILINGS: James Austin Hazel PNU2012-00784 210 N. Missouri Avenue 10-29-15-18414-003-0050 $404.62 Code Enforcement 2012-11-28 13 John D. & Audrey J. Baker PNU2012-00812 2030 Ridgelane Road 02-29-15-88201-000-0740 $200.00 Gulf Star Properties LLC PNU2012-00920 1145 Engman Street 10-29-15-33552-005-0120 $295.62 Jane M. Tarr Est. PNU2012-01039 1825 Cleveland Street 13-29-15-82458-001-0010 $440.60 Michael L. Sanders PNU2012-01040 1930 Cleveland Street 13-29-15-82476-008-0100 $478.94 Tina Tomaini PNU2012-01083 1258 Jasmine Way 15-29-15-54000-001-0120 $294.41 Ray E. Mullins PNU2012-01165 616 Yelvington Avenue 14-29-15-39366-001-0080 $355.35 Ryan Weber PNU2012-01181 706 Canterbury Road 13-29-15-57132-000-0020 $269.25 Borgata Holdings PNU2012-01187 1487 Gulf-to-Bay Boulevard 14-29-15-10476-010-0070 $269.25 Bih S. Chow Est. PNU2012-01232 201 S. San Remo Avenue 14-29-15-10476-004-0150 $360.95 Johnathan & Deborah Dlugose PNU2012-01275 1454 Barry Street 23-29-15-28998-000-1400 $320.95 Chuck C. Broadhurst PNU2012-01284 1112 Palm Bluff Street 10-29-15-33552-006-0390 $281.88 Tarpon IV LLC PNU2012-01285 1304 N. Madison Avenue 10-29-15-26892-007-0110 $411.93 Code Enforcement 2012-11-28 14 PN U2012-01309 400 Casler Avenue 11-29-15-32850-000-0920 $407.00 Reginaldo Quiroz PNU2012-01543 1655 Palmetto Street 11-29-15-00903-000-0580 $430.99 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA Discussion ensued regarding when Affidavits of Compliance and Non-Compliance are added to the agenda. 7. ADJOURN: The meeting adjourned at 3:33 p.m. 17./17- Chair Municipal Code E'forcement Board Attest: . �S toF y % Se 'e ary for the Bo..rd : ` mil/ ? ,P •� •TY Code Enforcement 2012-11-28 15