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01/26/2005 . . . MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER January 26, 2005 Present: Sheila Cole Joyce Martin Jay Keyes Douglas J. Williams Richard Avichouser Empty Seat Chair Vice-Chair Board Member Board Member Board Member - arrived 3:28 p.m. Board Member Absent: George Kraus Board Member Also Present: Bryan Ruff Andrew Salzman Mary K. Diana Brenda Moses Assistant City Attorney Attorney for the Board Secretary for the Board Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall. 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. 1. PUBLIC HEARINGS A. Case 01-05 Five Oaks South LLC Patapis, Steve Est 443 East Shore Dr Development - Phillips Board Secretary Diana said service was obtained by certified mail on the notice of hearing. Property owner, Josette Dougherty, admitted to the subject violations indicating some have been cured. She stated she purchased the property as an investment in January 2004, knowing the structure would need to be razed at some time. She said she did what she could to make the property livable. She said the property currently is under contract for sale. The buyer will be informed of the code enforcement issues and will be responsible for them. If the sale does not close within 30 days, Ms. Dougherty said she would raze the structure during the next 90 days. Development Services Manager Bob Hall recommended a final decision regarding sale of the property be made by February 15, 2005, and the property be brought into compliance 90 days from that date. He estimated an asbestos survey would take a week and felt demolition could be completed within the 90 days. Ms. Dougherty agreed to Mr. Hall's recommendations. Code Enforcement 2005-01-26.doc 1 . . . Member Williams moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on January 26, 2005, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After an admission of guilt by Josette Dougherty, for Respondent, it is evident the property is in violation of the City code in that the parking lot is not being maintained in a sale and clean condition, outdoor display and storage of goods and materials is taking place where prohibited and exterior surfaces of the property is not being maintained. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 3-1502.KA, 3-912 and 3-1502. B of the Community Development Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation by May 16, 2005. The burden shall rest upon the Respondent to request a re-inspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before May 16, 2005, the Respondent may be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($150) per day for each day the violation continues beyond May 16, 2005. If Respondent does not 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 or personal property owned by the Respondent pursuant to Chapter 162 of the Florida Statutes. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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. The motion was duly seconded and carried unanimously. B. Case 02-05 John A. Birchfield Tre 776 Eldorado Ave, #703 Short Term Rental- Hall Ms. Diana said service was obtained by certified mail on the notice of hearing. Code Enforcement 2005-01-26.doc 2 . . . John Birchfield, property owner, stated he was unaware of the advertisement on the Internet site. He admitted he had been in violation and corrected the violation prior to this hearing. Mr. Hall reported the subject website is now in compliance. A person renting the property last summer prompted the notice of violation. Staff requests a finding of violation, with no fine attached, so that the City could impose a repeat violation fine should the violation reoccur. Member Keyes moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on January 26, 2005, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After an admission of guilt by John Birchfield, for Respondent, it is evident the property at 776 Eldorado Avenue, Clearwater, Florida, was being rented on a weekly basis. Overnight accommodations is not a permitted use in a Low Medium Density Residential zoning district. CONCLUSIONS OF LAW The Respondent by reason of the foregoing was in violation of Section 1-104B. of the Community Development Code of the Code of the City of Clearwater, Florida. It is further evident that the condition was corrected prior to this hearing. ORDER It is the Order of the Board that the Respondent is to continue compliance with said Section 1-104B. of the Community Development Code of the City of Clearwater. If Respondent repeats the violation, the Board may order the Respondent to pay a fine of two hundred fifty and no/100 dollars ($250.00) for each day the violation exists after the Respondent is 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. 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 or personal property owned by the violator 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. The motion was duly seconded and carried unanimously. C. Case 03-05 Lawrence E & Sandra J Fuentes 779 Eldorado Avenue Short Term Rental- Hall Code Enforcement 2005-01-26.doc 3 . Per the request of staff, Item C, Case 03-05 was continued to a date uncertain. D. Case 04-05 Claudio Scipione 822 Eldorado Avenue Short Term Rental- Hall Ms. Diana said service was obtained by posting the notice of hearing and attachments on the property. In response to questions from Mr. Ruff, Mr. Hall said the property originally was inspected on April 7, 2004. A tenant stated he was renting the property from the property owner for $2,000 a week. Mr. Hall sent a notice of violation to the property owner. On June 7,2004, July 7,2004, July 14, 2004, and July 28,2004, there were indications the property was being rented on a weekly basis. On October 22, 2004, a realtor responded to Mr. Hall's inquiry, indicating the house was available for weekly rental. Mr. Hall reviewed advertisements in newspapers, websites, etc. advertising the property as a weekly rental. Mr. Ruff submitted City Exhibits, 1 - 11, which included photographs of the property. The photographs show different vehicles on the property on various dates. Planning Director Cyndi Tarapani reviewed the LMDR (Low Medium Density Residential) zoning district, which does not allow overnight accommodations. She defined overnight accommodations, residential use and dwelling unit. She said the code prohibits renting . residential properties for less than 31 days. Mr. Hall recommended compliance by the weekend or a $250/day fine be imposed. Mr. Ruff said this property is not part of a pending lawsuit. Mr. Hall said property owner Claudio Scipione had telephoned him after receiving the notice of violation, and indicated he would discontinue the advertising but made no reference to today's hearing. Member Keyes moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on January 26, 2005, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Development Services Manager Bob Hall for City, Respondent was not present and had no representation, and viewing the evidence, City Exhibits 1-11 [Ex. 1 - notice of violation; Ex. 2 - certified mail receipt; Exs. 3 - applicable code section; Exs. 4-5 - definition of overnight accommodations and residential use; Ex. 6 - Ordinance 7105-03; Ex. 7- property appraiser printout; Ex. 8 - affidavit of violation & request for hearing; Ex. 9 - notice of hearing; Ex. 10 - website ad; and Ex. 11 - composite photographs], it is evident the property at 822 Eldorado Avenue, Clearwater, Florida, is being rented on a weekly basis. Overnight accommodations is not a permitted use in a Low Medium Density Residential zoning district. CONCLUSIONS OF LAW . Code Enforcement 2005-01-26.doc 4 . . . The Respondent by reason of the foregoing is in violation of Section 1-104. B of the Community Development Code of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation by February 1, 2005. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before February 1, 2005, the Respondent may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($250) per day for each day the violation continues beyond February 1, 2005. If Respondent does not 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 or personal property owned by the Respondent pursuant to Chapter 162 of the Florida Statutes. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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. Upon the vote being taken, Members Cole, Martin, Keyes, and Williams voted "Aye." Member Avichouser abstained, as he had just arrived. Motion carried. 2. UNFINISHED BUSINESS A. Case 11-04 Affidavit of Compliance R & R Comfort Suites 1941 Edgewater Drive Development - Ruud Member Keyes moved to accept the Affidavit of Compliance for Case 11-04. The motion was duly seconded and carried unanimously. Ms. Diana noted a letter requesting a reduction of the fine on the above property has been received and will be presented to the Board at the February meeting. 3. OTHER BOARD ACTIONIDISCUSSION A. Election of Board Chair and Vice Chair Code Enforcement 2005-01-26.doc 5 . . . Member Keyes moved to reappoint Sheila Cole as Chair. The motion was duly seconded and carried unanimously. Member Martin moved to appoint Douglas Williams as Vice-Chair. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS - None. 5. NUISANCE ABATEMENT LIEN FILINGS Elizabeth Grier Est PNU2004-01817 111 LaSalle Street Greenwood Park No.2, Blk F, Lot 29 $ 292.50 Chuck C. Broadhurst PNU2004-02039 1112 Palm Bluff Street Greenwood Park No.2, Blk, Lot 39 $289.50 Gulf Point Ltd. PNU2004-01751 1936 Springtime Avenue Sunset Point 2nd Add, Blk G, part Lot 50 $314.50 Raymond Berrian Est PNU2004-01710 1007 Lee Street Plaza Park, Blk H, part of Lot 4 $278.50 Loria Croley 710 Ruskin Road. College Hill Estates, Lot 21 PNU2004-01897 $318.05 Reuben Collins PNU2004-02135 1000 Howard St Belmont Sub, 2nd Add, Blk E, Lots 25 & 26 $200 Cheryl Zukowski 795 Fairwood Ln Fairwood Forest, Lot 58 PNU2004-02268 $200 Rose M Cito 1000 Chester Dr Sirmons Heights, 151 Add, Lot 72 PNU2004-01694 $200 Darron McNeil 1530 Carmel Ave Smith's, Leona Sub, Blk B, Lot 8 PNU2004-02531 $200 Jo A Orlandi 1634 Sherwood St Highland Pines, 5th Add, Blk 26, Lot 6 PNU2004-02001 $200 Code Enforcement 2005-01-26.doc 6 . . . Member Williams moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. Code Enforcement 2005-01-26.doc 7 . . . 6. APPROVAL OF MINUTES - October 27,2004 Member Williams moved to approve the minutes of the regular meeting of October 27, 2004, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:33 p.m. ~ttest ~ ' ~ .~ secret~ fo the Board Code Enforcement 2005-01-26.doc 8 Chair Municipal Code Enforcement Board