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12/19/2012 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER December 19, 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 – November 28, 2012 Member Johnson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of November 28, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. PUBLIC HEARINGS 3.1 Case 26-12 – Cont’d from 6/27 and 10/24/12 (Status Report) First M Corp Defined Benefit Pension Plan & Trust 708 Chestnut Street Exterior Surfaces – Weaver Property representative Sue Minkoff said Paradise Ventures would present the project’s site plan for 708 Chestnut Street to the retailer and then submit it to the City in early February for staff review. She said if staff does not approve the plan, the project will be presented to the CDB (Community Development Board) in March for approval. It was recommended that the Respondent remain in touch with staff as the MCEB (Municipal Code Enforcement Board) previously entered an order requiring compliance on or before February 27, 2013. Code Enforcement 2012-12-19 1 3.2 Case 56-12 Timothy & Janice Amburgy 2813 Long View Drive Door & Window Openings, Exterior Surfaces, Roof Maintenance – Fletcher No one was present to represent the owner. Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on September 27 and November 6, 2012, following inspections. Violations at 2813 Long View Drive relate to door and window openings, exterior surfaces, and roof maintenance. Property photographs showed disintegrating casing around the front door, a boarded window, partial boarding of the garage door, a pane of glass missing from side door allowing access to house, missing roof tiles, and a rotting roof. 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 Fletcher recommended compliance by February 6, 2013 or a fine of $150 per day per violation be imposed. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before February 6, 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 December 19, 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 casing around the front door is disintegrating, a window and portion of the garage door are boarded, a pane of glass is missing from a side door allowing access to the house, roof tiles are missing, and the roof is rotting. 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.C.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 Community Development Code by February 6, 2013. If Respondent(s) Code Enforcement 2012-12-19 2 does/do not comply within the time specified, the Board may order a fine of $150.00 per day per violation for each day each violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Vicki Fletcher, 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 19th day of December 2012, at Clearwater, Pinellas County, Florida. Assistant City Attorney Camilo Soto submitted composite exhibits. 3.3 Case 57-12 Michael T. & Laura Holzwarth 303 N Highland Avenue Exterior Surfaces - Phillips No one was present to represent the owner. Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on September 20, October 12, and November 15, 2012, following inspections. Violations at 303 N Highland Avenue relate to exterior surfaces. Property photographs on November 15, 2012, showed faded paint and mildew on exterior surfaces. 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 Phillips recommended compliance by February 11, 2013 or a fine of $150 per day be imposed. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before February 11, 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. Code Enforcement 2012-12-19 3 This case came before the City of Clearwater Code Enforcement Board on December 19, 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 exterior surfaces have faded paint and mildew. 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 , 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 February 11, 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 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 19th day of December 2012, at Clearwater, Pinellas County, Florida. Attorney Soto submitted composite exhibits. 4. UNFINISHED BUSINESS Code Enforcement 2012-12-19 4 4.1 Case 49-12 - Affidavit of Compliance Riviera Motel LLC 217 Coronado Drive Public Nuisance Condition – O’Neil 4.2 Case 51-12 – Affidavit of Compliance 1822 Drew LLC 1822 Drew Street Exterior Surfaces - Phillips Member Johnson moved to accept the Affidavits of Compliance for Cases 49-12 and 51- 12. The motion was duly seconded and carried unanimously. 5. NEW BUSINESS: None. 6. NUISANCE ABATEMENT LIEN FILINGS: Lana J. Ford PNU2012-00853 208 N Missouri Avenue 10-29-15-18414-003-0040 $468.97 Barnell Evans Sr. PNU2012-00979 1729 Overbrook Avenue 03-29-15-60048-000-0070 $454.75 Mary Lou Spann Est. PNU2012-01000 1738 N Martin Luther King Jr. Avenue 03-29-15-01926-002-0170 $283.41 Tanna S. Adcock PNU2012-01236 1041 Fairwood Avenue 08-29-16-99101-009-0120 $314.88 Maya Ellie Hamblet PNU2012-01314 502 Palm Bluff Street 09-29-15-65466-000-0060 $514.00 Ido Fischler PNU2012-01315 508 Nicholson Street 09-29-15-60102-003-0060 $441.00 William J. Hallisky PNU2012-01379 904 Palmetto Street 10-29-15-45000-006-0010 $387.48 30 Days Real Estate Corp Tre. PNU2012-01389 1404 Taft Avenue 10-29-15-51948-002-0060 $276.92 Code Enforcement 2012-12-19 5 Ronald W. & Pearl E. Schulz PNU2012-01408 1270 Fruitland Avenue 19-29-16-92340-007-0110 $362.69 Eric D & Renee A Parks PNU2012-01515 714 S Ft Harrison Avenue 16-29-15-36270-000-0010 $273.66 Lisa & Sylvester Hall PNU2012-01547 1706 Sharondale Drive 02-29-15-98982-000-0570 $335.00 Ida Elizabeth Burgess PNU2012-01564 1651 Sherwood Street 11-29-15-39150-029-0030 $346.14 Maya Ellie Hamblet PNU2012-01572 502 Palm Bluff Street 09-29-15-65466-000-0060 $396.44 Theresa E Robinette PNU2012-01611 1576 Logan Street 02-29-15-39186-045-0060 $370.40 Teresa Carter-Lane PNU2012-01620 1554 Linwood Drive 02-29-15-38700-002-0200 $346.64 Patrick E. &Toni V. Hickey PNU2012-01639 107 McMullen-Booth Road 16-29-16-00000-210-0500 $468.11 Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 1:46 p.m. air �� Municipal Code En •rcement Board L Attest: . 1nE ciry�.i,, c•zievir 7:4 Secretary for the ;:oard� r� 4.1147 s fire k `f4,00wrAtS`i Code Enforcement 2012-12-19 6