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02/27/2013 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 27, 2013 Present: Duane Schultz Chair James E. Strickland Vice-Chair Sue A. Johnson Board Member Michael J. Riordon Board Member Wayne Carothers Board Member Absent: Michael Boutzoukas Board Member Sheila Cole 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 – January 23, 2013 Member Johnson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of January 23, 2013, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. PUBLIC HEARINGS 3.1 Case 03-13 – Continued from January 23, 2013 Sugar Factory LLC 1844 Drew Street Sign Maintenance – Weaver No one was present to represent the owner. Inspector Mary Jo Weaver provided a PowerPoint presentation. A Notice of Violation was issued on August 29, 2012, following the first inspection. Violations at 1844 Drew Street relate to the awnings. Property photographs on August 26 and December 27, 2012 showed the awnings were in poor condition, with one detached from the frame. Property photographs on January 30, 2013 showed most of the awnings had been refurbished; the westernmost three awnings and Code Enforcement 2013-02-27 1 frame remained in poor condition. Property photographs on February 25, 2013, showed the three westernmost awnings had been removed; however the awning structure was exposed and did not meet Code. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Community Development Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Weaver recommended compliance by March 27, 2013 or a fine of $200.00 per day be imposed. The property owner has worked since January to correct the violation. Member Strickland 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 $200.00 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Assistant City Attorney Camilo Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on February 27, 2013, 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 awning structure is in poor condition. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development 3-1502.I 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 March 27, 2013. 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 Mary Jo Weaver, 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. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within ten (10) days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board’s decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a Code Enforcement 2013-02-27 2 request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. 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 February 2013, at Clearwater, Pinellas County, Florida. 3.2 Case 04-13 Lowrey Whitson 1566 Ridgewood Street Lot Clearing/Unmaintained ROW/Public Nuisance/Door & Window Openings/Exterior Surfaces/Roof Maintenance – Phillips Inspector Julie Phillips provided a PowerPoint presentation. A Notice of Violation was issued on November 27, 2012, following the first inspection. Violations at 1566 Ridgewood Street relate to roof maintenance, door and window openings, exterior surfaces, and lot clearing/public nuisance. Property photographs on November 1, 2012, showed a tarp covering the portion of roof damaged by a fallen tree, boarded windows flanking the front door and on the carriage house and shed, mold and mildew on exterior surfaces of the house, carriage house, and shed, another shed partially collapsed, and tree debris in the yard. Property photographs on February 15, 2013, showed the collapsing shed had been removed and the other violations remained. Property Owner Lowrey Whitson admitted to the violations. Member Johnson moved to find the Respondent in violation of the City of Clearwater Community Development Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Philips recommended compliance by April 24, 2013 or a fine of $100.00 per day per violation be imposed. Mr. Whitson said he had been working to meet compliance and was taking bids to repair the roof. He said he will remove all tree debris tomorrow and plans to replace the windows by the front door and in the shed. He said the carriage house should be razed. He said he has little money, is trying to sell the property, and requested six months to comply. In response to a question, Mr. Whitson said he lives on the subject property but was out of town and could not respond sooner to City correspondence. Discussion ensued with comments that the property owner is elderly, lives on a fixed income, and has made efforts toward compliance and the City should be more lenient with homeowners as it had recommended affording a commercial property one year to comply. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before June 24, 2013. If the Respondent does not comply within the time specified, the Code Enforcement 2013-02-27 3 Board may order a fine of $100.00 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. This case came before the City of Clearwater Code Enforcement Board on February 27, 2013, 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 tarp covers the damaged roof, window openings are boarded, exterior surfaces have mold and mildew, and tree debris is in the yard. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development 3-1503.B.7, 3-1503.B.8, 3-1503.A, 3-1503.B.13-1502.C.1, 3-1502.C.3, 3-1502.C.4, Code Sections 3-1502.B, 3-1502.D.1, 3-1502.D.3, & 3-1502.D.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 June 24, 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 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. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within ten (10) days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board’s decision. The written request for rehearing shall specify the precise reasons therefore. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. 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 February 2013, at Clearwater, Pinellas County, Florida. Code Enforcement 2013-02-27 4 3.3 Case 05-13 - Withdrawn Joseph & Rose Francis 1320 S Betty Lane Landscape Maintenance - Lopez Staff withdrew Case 05-13. 4. UNFINISHED BUSINESS 4.1 Case 18-11 – Affidavit of Compliance Alba L. Vidal 445 Hamden Drive Unit 302 Short Term Rental – Franco 4.2 Case 20-11 – Affidavit of Compliance Gaspar Rosado 445 Hamden Drive Unit 501 Short Term Rental – Franco 4.3 Case 21-11 – Affidavit of Compliance Edwin Estrella 445 Hamden Drive Unit 504 Short Term Rental – Franco 4.4 Case 22-11 – Affidavit of Compliance Jyotsna Deshpande 445 Hamden Drive Unit 602 Short Term Rental – Franco 4.5 Case 23-11 – Affidavit of Compliance Robert Arbanas 445 Hamden Drive Unit 606 Short Term Rental – Franco 4.6 Case 24-11 – Affidavit of Compliance Reenier R. Aleman 445 Hamden Drive Unit 303 Short Term Rental – Franco 4.7 Case 25-11 – Affidavit of Compliance Adriana M. Aleman 445 Hamden Drive Unit 505 Short Term Rental – Franco 4.8 Case 26-11 Affidavit of Compliance Reenier R. Aleman 445 Hamden Drive Unit 603 Short Term Rental – Franco Code Enforcement 2013-02-27 5 4.9 Case 50-12 - Affidavit of Compliance Riviera Motel LLC 217 Coronado Drive Exterior Surfaces – O’Neil 4.10 Case 51-12 – Affidavit of Compliance 1822 Drew LLC 1822 Drew Street Door & Window Openings/Parking Lot Surfaces – Phillips 4.11 Case 57-12 – Affidavit of Non-Compliance Michael & Laura Holzwarth 303 N Highland Avenue Exterior Surfaces - Phillips Member Johnson moved to accept the Affidavits of Compliance for Cases 18-11, 20-11, 21- 11, 22-11, 23-11, 24-11, 25-11, 26-11, 50-12, and 51-12 and to accept the Affidavit of Non- Compliance and issue the Order imposing a fine for Case 57-12. The motion was duly seconded and carried unanimously. 5. NEW BUSINESS: 5.1 Case 30-05 – Request for Fine Reduction Nicholas J. Chachula 605 Maple Street Roof Maintenance/Exterior Surfaces/Inoperative Vehicles/Lot Clearing Attorney David Platte, representing property owner Nicholas Chachula, said Mr. Chachula had thought the subject property was in compliance and did not know that a fine was imposed. He said Mr. Chachula had moved and did not receive notice of the order imposing a lien. He suggested some violations were due to a neighbor’s encroachment on the subject property and others were on a separate property in the rear. He said the structure was razed and no other violations had occurred. He said Mr. Chachula cannot afford to pay the current fine, which is more than the value of the vacant lot. He requested that the fine be reduced to administration costs, payable within 60 days. Attorney Soto said the City does not oppose reducing the fine to administration costs. Code Compliance Manager Terry Teunis reported administration costs were $2,516.70. In response to a question, Attorney Soto said evidentiary items were discussed when the case was heard in 2005. Secretary to the Board Nicole Sprague said the City has one lien on the property. Member Strickland said based on staff’s recommendation he moved to enter an order reducing the fine for Case 30-05 to administration costs of $2,516.70, payable by April 28, 2013, or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. Attorney Soto submitted composite exhibits. Code Enforcement 2013-02-27 6 The Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on February 27, 2013, 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, 2005, as recorded in O.R. Book 15343, Pages 2224-2225, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $2,516.70 payable to the Petitioner by April 28, 2013. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $26,500 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 27th day of February 2013, at Clearwater, Pinellas County, Florida. 6. NUISANCE ABATEMENT LIEN FILINGS: Stephen & Ryan Allen PNU2012-01772 2523 Fawn Court 19-28-16-18636-000-0070 $200.00 Stephen & Ryan Allen PNU2012-01771 2523 Fawn Court 19-28-16-18636-000-0070 $200.00 Barbara Horne PNU2012-00975 908 Vine Avenue 10-29-15-69138-003-0030 $321.46 Felipe D. Ossa PNU2012-01493 223 S. Hillcrest Avenue 14-29-15-10476-003-0200 $269.25 Tarpon IV LLC PNU2012-01914 1122 LaSalle Street 10-29-15-33552-005-0440 $281.88 Rule LLP PNU2012-01809 11641 US Highway 19 N 15-29-15-54450-001-0140 $269.25 Blue Marlin Adventures LLC PNU2012-02025 1119 Engman Street 10-29-15-33552-005-0250 $368.00 Code Enforcement 2013-02-27 7 Wiliie B. Holmes Est. PNU2012-01316 505 N Garden Avenue 09-29-15-37422-002-0160 $810.00 Wendy & Nasser Ayoub PNU2012-01681 1432 Rogers Street 14-29-15-10854-005-0190 $322.09 Cely Bou . PNU2012-01568 2a75 Camellia Drive 13-29-15-34830-000-0080 $269.25 Arthur T. 8� Irawaty Bliss PNU2012-01723 2592 Elderberry Drive 19-28-16-18634-000-0310 $414.96 Kevin Duvall PNU2012-01626 1487 Cleveland Street 14-29-15-38736-004-0050 $315.92 George Pfoertner PNU2012-01969 618 S Crest Avenue 14-29-15-10566-003-0070 $330.40 Willie B. Holmes Est. PNU2012-02164 505 N Garden Avenue 09-29-15-37422-002-U160 $294.Od P�ilip J. Matonte PNU2012-01576 307 Leeward Island 08-29-15-43308-000-0340 $395.64 Member Riordon moved to accept the Nuisance Abatement Lien filings_ The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 2:18 p.m. � � � / � ,.�-:- Code Enforcement 2013-02-27 I Code Enforcement Board �3