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09/25/2013 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 25, 2013 Present: James E. Strickland Vice-Chair Sheila Cole Board Member Sue A. Johnson Board Member Michael J. Riordon Board Member Wayne Carothers Board Member Absent: Duane Schultz Chair Michael Boutzoukas 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 —August 28, 2013 Member Johnson moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of August 28, 2013, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA Reverend James Warner encouraged the board to enforce laws for red light infractions. 4. PUBLIC HEARINGS City staff reviewed Red Light Camera infraction information. The City is not required to identify drivers of motor vehicles captured by photographic images or streaming video in the act of failing to stop at red light traffic signals. Notices of violation provide vehicle owners options: 1) pay $158 penalty; 2) initiate proceeding to challenge the traffic citation, which is subject to additional assessment of up to $250 for municipal costs; or 3) complete affidavit designating individual who had care, custody, or control of the motor vehicle at time of violation. The State does not allocate points for Red Light Camera infractions. Fines for uniform traffic citations issued by law enforcement officers are $264 plus points. Code Enforcement 2013-09-25 1 4.1 Case CLR13005281 Johanna Herrera Tag: 007PZE Traffic Infraction Enforcement Officer Nancy Miller reviewed photographic images and streaming video evidence of eastbound van, tag 007PZE, on Chestnut Street, failing to stop for red light traffic signal at Ft. Harrison Avenue on July 9, 2013. Vehicle is registered to Johanna Herrera Callazo. Petitioner Johanna Herrera said she was certain she had not run a red light. She said after she mailed the hearing request, she remembered that friends from Pennsylvania had borrowed her vehicle that day. She thought she would be appearing before a judge today where she could plead "not guilty." Member Cole moved to uphold the violation of Florida State Statutes 316.074(1) and 316.075 (1)(c)(1) for Case CLR13005281. The motion was duly seconded and carried unanimously. Discussion ensued regarding administrative costs with concern expressed that Ms. Herrera may not have understood the paperwork as English is not her first language. Attorney for the Board Andy Salzman said State Statute indicates that hearing cancellations are subject to a $50 administrative fee. Member Cole moved to issue a final administrative order requiring the Petitioner to pay a penalty of$158 plus municipal costs of$55 by October 25, 2013. The motion was duly seconded and carried unanimously. 4.2 Case CLR13005635 -Withdrawn Alexandria Kelly Tag: 598XN P Case CLR13005635 was withdrawn. 4.3 Case CLR13006391 Joshua Becker Tag: L373HH Petitioner Joshua Becker admitted to the violation. He said the City's letter advising him of today's hearing did not provide information regarding additional administrative fees. Assistant City Attorney Rob Surette said that information was on the form the Petitioner returned to the City initiating this proceeding to challenge the traffic citation. Petitioner Becker said he requested the hearing because he previously had plead "no contest" for this type of infraction in Tampa before judges who reduced his fines. Member Riordon moved to uphold the violation of Florida State Statutes 316.074(1) and 316.075 (1)(c)(1) for Case CLR13006391. The motion was duly seconded and carried unanimously. Code Enforcement 2013-09-25 2 Member Riordon moved to issue a final administrative order requiring the Petitioner to pay a penalty of$158 plus municipal costs of$55 by October 25, 2013. The motion was duly seconded and carried unanimously. 4.4 Case CLR13005386 —Withdrawn Brian Shriver Tag: 067TXH Case CLR13005386 was withdrawn. 4.5 Case CLR13005879 Elaine Schroeder Tag: 283TTC Petitioner Elaine Schroeder admitted to the violation but said extenuating circumstances existed. Traffic Infraction Enforcement Officer Nancy Miller reviewed photographic images and streaming video evidence of westbound Mercedes, tag 283TTC, on Gulf-to-Bay Boulevard, failing to stop for red light traffic signal at Belcher Road on July 26, 2013. Vehicle is registered to Elaine Schroeder. Petitioner Schroeder said as she approached the intersection, construction cones and barrels appeared to block the left turn lane; she stayed in her lane. She said she then noticed a vehicle turning left, averted her gaze to see how the vehicle had accessed the turn lane, and looked back to see the traffic signal had turned yellow. She said she uses common sense when she drives and continued through the intersection due to her concerns that she would skid on the wet pavement if she tried to stop. She said she was driving the speed limit. She said she would not have requested a hearing had she known she would not be appearing in front of a judge. Member Riordon moved to uphold the violation of State Statute 316.074(1) and 316.075(1)(c)(1) for Case CLR13005879. The motion was duly seconded. Members Cole, Johnson, Riordon, and Vice Chair Strickland voted "Aye"; Member Carothers voted "Nay." Motion carried. Member Riordon moved to issue a final administrative order requiring the Petitioner to pay the penalty of$158 plus municipal costs of$55 by October 25, 2013. The motion was duly seconded. Members Cole, Johnson, Riordon, and Vice Chair Strickland voted "Aye"; Member Carothers voted "Nay." Motion carried. Concern was expressed that the board seems to lack compassion for people appearing before them and that the Petitioner had run the light to avoid skidding. 4.6 Case CLR13005904 William Taylor Tag: 647VFX Code Enforcement 2013-09-25 3 Case CLR13005904 was withdrawn. 4.7 Case CLR13006265 Patrick Sorrentino, Jr. Tag: B36XG Petitioner Patrick Sorrentino, Jr. said he knows better than to run a red light. He said he was not driving when his vehicle was photographed running a red traffic signal. He said he only knows the first name of the driver who was a friend of his brother and has left town. Member Riordon moved to uphold the violation of State Statute 316.074(1) and 316.075(1)(c)(1) for Case CLR13006265. The motion was duly seconded and carried unanimously. Discussion ensued with comments that it would be easy for all people to claim they were not driving when an infraction occurs and vehicle owners bear final responsibility, Member Riordon moved to issue a final administrative order requiring the Petitioner to pay the penalty of$158 plus municipal costs of$55 by October 25, 2013. The motion was duly seconded and carried unanimously. 4.8 Case CLR13005425 Michael Peck Tag: S307XM Petitioner Michael Peck was not present. Traffic Infraction Enforcement Officer Nancy Miller reviewed photographic images and streaming video evidence of westbound van, tag S307XM, on Gulf-to-Bay Boulevard, failing to stop for red light traffic signal at Belcher Road on July 14, 2013. Vehicle is registered to Michael Peck. Member Cole moved to uphold the violation of State Statute 316.074(1) and 316.075(1)(c)(1) for Case CLR13005425. The motion was duly seconded and carried unanimously. Member Johnson moved to issue a final administrative order requiring the Petitioner to pay the penalty of$158 plus municipal costs of$55 by October 25, 2013. The motion was duly seconded and carried unanimously. 4.9 Case CLR13005228 Joel Bria Jr. Tag: 523TDI Petitioner Joel Bria, Jr. admitted to the violation, stating he had never received a ticket before. He said the paperwork he received was not clear; he thought he would be appearing before a judge and plead "nolo contendre." He requested that the administrative fee be waived. Code Enforcement 2013-09-25 4 Member Johnson moved to uphold the violation of State Statute 316.074(1) and 316.075(1)(c)(1) for Case CLR13005228. The motion was duly seconded and carried unanimously. Member Riordon moved to issue a final administrative order requiring the Petitioner to pay the penalty of$158 by October 25, 2013. The motion was duly seconded. Concern was expressed that youth is no excuse for running a red light. Upon the vote being taken, Members Riordon Carothers, and Vice Chair Strickland voted "Aye"; Members Cole and Johnson voted "Nay." Motion carried. 4.10 Case CLR13006138 —Withdrawn James Warren Tag: Y1 URV Case CLR13006138 was withdrawn. 4.11 Case CLR13005585 Alex Dalhton Stevenson Tag: AERT77 Petitioner Alex Stevenson plead "no contest." Traffic Infraction Enforcement Officer Nancy Miller reviewed photographic images and streaming video evidence of westbound jeep, tag AERT77, on Gulf-to-Bay Boulevard, failing to stop for red light traffic signal at Belcher Road on July 18, 2013, while making a left hand turn. Vehicle is registered to Alex Dalhton Stevenson. Mr. Stevenson said the left turn traffic signal usually turns green after the arrow turns yellow. He said he was surprised when it turned red and could not stop at that point. Traffic Infraction Enforcement Officer Miller said after the arrow turns yellow, the traffic signal always turns red before it turns green. Mr. Stevenson disagreed. Member Carothers moved to uphold the violation of State Statute 316.074(1) and 316.075(1)(c)(1) for Case CLR13005585. The motion was duly seconded and carried unanimously. Member Riordon moved to issue a final administrative order requiring the Petitioner to pay the penalty of$158 plus municipal costs of$55 by October 25, 2013. The motion was duly seconded and carried unanimously. 4.12 Case 41-13 —Cont'd from 8/28/13— Continue to 10/23/13 Ralph W. Turner& Carol A. Ackerson 1905 Magnolia Drive Accessory Use/Outdoor Storage— Espinosa Case 41-13 was continued to October 23, 2013. Code Enforcement 2013-09-25 5 4.13 Case 45-13 Aliasghar Kharzami Pour 224 Waverly Way#12 Residential Rental BTR— McMahan No one was present to represent the owner. Inspector Janet McMahan provided a PowerPoint presentation. Notice of violation was issued on July 22, 2013, following the first inspection. The violation at 224 Waverly Way#12 related to a lack of a BTR (Business Tax Receipt) for the rental property. Property photographs on July 22, 2013 showed the rental unit. Also presented were print-outs of tenant complaints regarding other code violations at the property that were corrected. The property owner met compliance on September 23, 2013 by obtaining a BTR. Member Johnson moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector McMahon requested a declaration of violation. Assistant City Attorney Camilo Soto submitted composite exhibits. Member Cole moved to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist after the Respondent is notified of the repeat violation. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on September 25, 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 as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code or Ordinances Section(s) 3-2302 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists Code Enforcement 2013-09-25 6 after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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 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 25th day of September 2013, at Clearwater, Pinellas County, Florida. 4.14 Case 46-13 —WITHDRAWN Federal Home Loan Mtg. Corp. 1713 Sunset Point Road Roof Maintenance— Phillips Case 46-13 was withdrawn. 4.15 Case 47-13 —Continue to 11/20/13 1743 Sunset Property Trust Nobles, Oronde Tre 1743 Sunset Point Road Lot Clearing/Exterior Surfaces/Exterior Storage/Public Health, Safety or Welfare Nuisance— Phillips Case 47-13 was continued to November 20, 2013. 4.16 Case 48-13 Ibolya Riedt 2073 San Marino Way Sidewalks & Public ROW/Lot Clearing/Exterior Surfaces/Door&Window Openings/Roof Maintenance — Phillips No one was present to represent the owner. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on July 14, 2013, following the first inspection. Violations at 2073 San Marino Way relate to exterior surfaces, door and window openings, and roof maintenance. Property photographs on July 1, 10, and 11, 2013 showed exterior surfaces with mildew and peeling and deteriorated Code Enforcement 2013-09-25 7 paint, broken windows, shingles falling off the garage structure, and an unsafe roof that is not water tight. Member Carothers moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Phillips recommended compliance by October 23, 2013 or a fine of$100 per day per violation be imposed. She has had no contact with the property owner, who lives in Safety Harbor, but has spoken to the owner's son, who has been uncooperative. Attorney Soto submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before October 23, 2013. If the Respondent does not comply within the time specified, the Board may order a fine of$100 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 September 25, 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 exterior surfaces had mildew stains and peeling, declining paint, windows were broken, and the roof required maintenance. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.K.1, 3-1503.113.7, 3-1502.113, 3-1502.C.1, & 3-1502.D.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 October 23, 2013. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of$100.00 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 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 Code Enforcement 2013-09-25 8 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 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 25th day of September 2013, at Clearwater, Pinellas County, Florida. 4.17 Case 49-13 Freddie & Dorothy Daniels 1610 Kings Highway Door &Window Openings/Fences &Walls/Exterior Surfaces/Roof Maintenance/Public Health, Safety or Welfare Nuisance— Franco Property Owner Dorothy Curry admitted to the violation. Property Owner Freddie Daniels denied the violation. Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were issued on July 30, 2012 and July 17 and August 7, 2013, following the first inspection. The five violations at 1610 Kings Highway relate to door and window openings, fences, exterior surfaces, roof maintenance, and an open-air swimming pool that is a public health, safety, or welfare nuisance. Property photographs on July 29, August 7, 14, and 20, and September 20, 2013, showed a fence that is fallen or in various stages of leaning, exterior surfaces with mold and mildew stains and peeling non uniform paint, broken windows, sink hole damage to windows, causing them to shift in their frames, vines climbing into the soffit, a leaking roof with plant growth, an unfinished room addition, an exterior door that cannot be secured, interior ceiling tiles falling and missing, and an unsecured, hazardous swimming pool with unfiltered green water. The house was vacant. Property Owner Curry said she had tried to get her ex-husband to sell the property. She said he was aware of all of the problems but did nothing to make repairs or maintain the property. She said since 2003, she and her current husband have spent considerable funds on maintenance but no longer can afford it. She said they recently tried to fix the fence and had the pool drained, but rainy conditions have caused the pool to fill again. She said the police were notified when the siding was vandalized and air conditioning, cabinets, etc. were stolen. She said she wanted to give the house away and have her name removed from the title. Property owner Daniels said he has had no contact with his ex-wife since their divorce and first learned about maintenance problems with the house last week. He said he had signed a quick claim deed to her to sell the house. Code Enforcement 2013-09-25 9 Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Franco recommended compliance for the swimming pool by September 27, 2013 or a fine of$100 per day be imposed and compliance for the remaining violations by October 30, 2013 or a fine of$100 per day per violation be imposed. Property Owner Curry said her ex-husband had signed the quick claim deed after he learned about the violations. She said she has done all she can and cannot be responsible for everything. She said it is her ex-husband's turn to repair the fence and pool and maintain the property. She apologized for the property's condition. Property owner Daniels said he had wanted to sell the house but his ex-wife did not. He said he is on a fixed income and requested the compliance date be extended until the end of November. Attorney Soto said the Property Appraiser has both names listed as owners; owners are responsible for updating their address with the Property Appraiser. The City opposed the extension. He submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondents to correct the violation regarding the swimming pool on or before September 27, 2013 and to correct the remaining four violations on or before November 30, 2013. If the Respondents do not comply within the time specified, the Board may order a fine of$100 per day 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 September 25, 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 fences on the property are falling, exterior surfaces have peeling paint and mold and mildew stains, windows are broken, the roof has plant growth and is leaking, and water in the swimming pool is opaque and covered with algae, posing a public, health, safety or welfare nuisance. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.C.1, 3-808, 3-1502.113, 3-1502.D.1, & 3-1503.113.5, as referred in the Affidavit in this case. ORDER Code Enforcement 2013-09-25 10 It is the Order of the Board that the Respondent(s) shall comply with Section 3-1503.113.5 of the City of Clearwater Community Development Code, related to the swimming pool, by September 27, 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 this violation continues to exist. And it is the Order of the Board that the Respondent(s) shall comply with Sections 1502.C.1, 3-808, 3- 1502.B, and 3-1502.D.1 of the City of Clearwater Community Development Code by November 30, 2013. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of$100.00 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 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. 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 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 25th day of September 2013, at Clearwater, Pinellas County, Florida. 4.18 Case 50-13 Han B. Kim 1710 N. Ft Harrison Avenue Exterior Storage— Franco Gus Robbins-Penniman, Chair of the Good Shepherd Furniture Thrift Store Board, said he is a tenant of the property and admitted to the violation. Inspector Peggy Franco said the violation, related to outdoor display and outdoor storage, was corrected yesterday. Member Johnson moved to find the Respondent(s) was in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Franco requested a declaration of violation. Code Enforcement 2013-09-25 11 Member Cole moved to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist after the Respondent is notified of the repeat violation. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on September 25, 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 as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Community Development Code Section(s) 3-1502.F.1 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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 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 25th day of September 2013, at Clearwater, Pinellas County, Florida. Code Enforcement 2013-09-25 12 4.19 Case 51-13 - Continued to 10/23/13 Brian P. Johnson 1429 Spring Lane Door &Window Openings— Franco Case 51-13 was continued to October 23, 2013. 4.20 Case 52-13 - Continued to 10/23/13 Sandra Davis Graham 1007 N Garden Avenue Lot Clearing — Franco Attorney Soto said Case 52-13 was continued to October 23, 2013. The City continued the case to provide due process after the Board Secretary did not receive the certified mail return receipt in a timely manner and the Code Inspector was unable to post the property in time to meet minimum State Statute requirements. The City was not prepared to present the case. Property owner Sandra Davis Graham said she had responded to the certified mail informing her of today's hearing and requested that the case be heard today. She denied the violation, stating she already paid a fine for the initial violation. She said there is a discrepancy on the survey of her property's boundary. She said she needs to deal with medical issues next month and will be unable to appear then. She said the property is in compliance. Attorney Salzman said if the City is not presenting a case, there is nothing for the board to decide. Attorney Soto suggested that Ms. Graham could write a letter to the board, designating her son to represent her. 4.21 Case 53-13 - Continued to 10/23/13 WCP Residential Funding LLC 1106 Fairmont Street Door &Window Openings/Exterior Surfaces - Franco Case 53-13 was continued to October 23, 2013. 5. UNFINISHED BUSINESS 5.1 Case 55-12 Affidavit of Non-Compliance Zahid Roy 700 Minnesota Avenue Door &Window Openings— Franco 5.2 Case 30-13 Affidavit of Non-Compliance Housh Ghovaee 300 S. Belcher Road Exterior Surfaces —Schaar Code Enforcement 2013-09-25 13 5.3 Case 35-13 Affidavit of Non-Compliance Wrobel Industries Inc. Tre 1927 N Highland Avenue Exterior Surfaces/Door &Window Openings/Roof Maintenance — Phillips 5.4 Case 04-13 Affidavit of Compliance Lowrey Whitson 1566 Ridgewood Street Lot Clearing — Phillips 5.5 Case 25-13 Affidavit of Compliance Tiger Re Opportunity Fund ILP 1289 Pierce Street Door &Window Openings - Schaar Member Johnson moved to accept the Affidavit of Compliance for Cases 04-13 and 25- 13 and to accept the Affidavit of Non-Compliance and issue the Order imposing fines for Cases 55-12, 30-13 and 35-13. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: 6.1 Cases M-1741 & M-1460—Amended Fine Reduction re 8-28-13 request Teretha & Philip Pugh 1630 N Washington Ave & 903 Beckett Street Nuisance Abatement Liens— Franco Secretary to the Board Nicole Sprague said when the board approved fine reductions for Cases M-1741 and M-1460 on August 28, 2013, staff had provided incorrect administration costs that were $200 too high for each case; the fines have been paid. The City requested that the board modify its orders to reduce the fines to the correct amounts. Member Riordon moved to modify its orders reducing fines for Cases M-1741 and M- 1460 by $200 each. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on September 25, 2013, for Case M-1741 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 dated December 10, 1998, as recorded in O.R. Book 16449, Pages 994-995, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$320. DONE AND ORDERED this 25th day of September 2013, at Clearwater, Pinellas County, Florida. Code Enforcement 2013-09-25 14 The Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on September 25, 2013, for Case M-1460 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 dated September 19, 1996, as recorded in O.R. Book 15365, Page 794, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$353.70. DONE AND ORDERED this 25th day of September 2013, at Clearwater, Pinellas County, Florida. 6.2 Case 44-11 — Request for Fine Reduction Rule LLP 23 S. Myrtle Avenue Windows/Maintenance— Schaar Wissam Bahloul said he was purchasing the property and requested a fine reduction. Attorney Soto said the City supports the reduction. Ms. Sprague said the current lien is $44,600. Member Carothers moved to enter an order reducing the fine for Case 44-11 to administration costs of$1,534.45, payable by October 25, 2013 or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on September 25, 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 dated September 28, 2011, as recorded in O.R. Book 17373, Page 2496, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,534.45 payable to the Petitioner by October 25, 2013. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of$44,600 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of September 2013, at Clearwater, Pinellas County, Florida. Code Enforcement 2013-09-25 15 6.3 Case 04-13 —Stipulation & Agreement Lowrey Whitson 1566 Ridgewood Street Lot Clearing/Unmaintained Right of Way/Public Nuisance/Door&Window Opening/Exterior Surfaces/Roof Maintenance— Phillips Edmund Whitson, representing property owner Lowrey Whitson, said the City supports reducing the amount of the fine for Case 04-13 as agreed to in the Stipulation &Agreement as long as the property is brought into compliance. Attorney Salzman said the City supports the Stipulation &Agreement as presented. Member Riordon moved to approve the Stipulation &Agreement as presented for Case 04-13. The motion was duly seconded and carried unanimously. 6.4 Rules & Regulations — update to Article VIII: Amend Sections 5 & 6 Item 6.4 was withdrawn. 7. NUISANCE ABATEMENT LIEN FILINGS Doris C. Shealey PNU2013-00629 1516 S Madison Avenue 22-29-15-13662-001-0050 $279.74 Lisa Lewis PNU2013-00734 1807 '/2 Douglas Avenue 10-29-15-33552-004-0520 $295.62 Ada H. Wilkins PNU2013-00770 615 Brookside Drive 13-29-15-12096-000-0240 $200.00 Salvatore Dodaro Jr. PNU2013-00771 1009 Woodlawn Street 22-29-15-07938-004-0010 $555.94 Jeffrey G. & Zenith Thaler PNU2013-00857 1010 Vine Avenue 10-29-15-45000-003-0070 $386.00 Jeffrey G. Thaler PNU2013-00858 1008 Vine Avenue 10-29-15-45000-003-0070 $267.00 Code Enforcement 2013-09-25 16 Marilyn E. Shaw PNU2013 -00862 1329 Mary L Rd 03- 29 -15- 08388 - 005 -0110 $223.00 Kathryn Collart PNU2013 -00900 1379 S Washington Avenue 22- 29 -15- 48978 - 008 -0080 $1,411.00 Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: Attest: The meeting adjourned at 3:53 p.m. Chair Municipal Code Enforcement Board Secr- ary for the B and TE Code Enforcement 2013 -09 -25 17