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03/26/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 26, 2014 Present: Chair James E. Strickland, Vice-Chair Sue A. Johnson, Board Member Sheila Cole, Board Member Duane Schultz, Board Member Michael J. Riordon, Board Member Wayne Carothers, Board Member Christopher J. Anuszkiewicz 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. 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 — February 26, 2014 Member Schultz moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of February 26, 2014, 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: None. 4. PUBLIC HEARINGS 4.1 Case 06-14 - Cont'd from 3/26/14 Vicki A. Hass &William M. Mitchell 3035 Oak Cove Dr. Ext Storage/Ext Surface— Fletcher Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on November 21, 2013, following the first inspection. The two violations at 3035 Oak Cove Drive related to exterior storage and roof maintenance. Property photographs on January 24 and March 24, 2014 showed a blue tarp covering the damaged roof and outdoor storage in the driveway and side yard of building materials, saw horses, buckets, wooden boxes, an upended cart, coat rack, a partially disassembled rear projection television, umbrellas, bicycles, garbage cans, indoor furniture, a vacuum cleaner, cooler, a large tarp-covered object, unknown items in the bushes covered by a tarp, and an accumulation of other materials. Inspector Fletcher said the dismantled television previously had bee hives inside. Property owner Vicki Hass said she moved the building materials to her backyard but could not fix her roof unless she could store the materials in her driveway. She said she had hose reels and bicycles in the driveway and a rack for bike helmets. She said she built a solar oven out of recycled materials and could store it under a tarp on her driveway because it was similar to a grill. She said the cooler and end table in the photographs were only present on the Code Enforcement 2014-03-26 1 day the photographs were taken. She said nearby properties were not in compliance, her rear neighbor made constant complaints, and the code inspector came by weekly and trespassed on her property to take photographs without a warrant. She said her side yard was not visible from the street. In response to questions, Ms. Hass said she had repaired the roof previously but it leaked again at the end of last year and rainy weather delayed repairs. She said she wanted permission to use her driveway so she could fix her roof. Discussion ensued with concern expressed re the magnitude of items stored outside on the subject property and the appearance that materials had been accumulating for a long time. It was recommended that Ms. Hass work with the City. Assistant City Attorney Camilo Soto said a permit had not been pulled to repair the roof. Member Shultz 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 April 23, 2014 or a fine of$150 per day per violation be imposed. Concern was expressed that the homeowner needed a permit to repair the roof. Planning & Development Director Michael Delk said it appeared that decking on the roof needed to be replaced. He said even if homeowners do the work, they are required to obtain a permit for major roof repairs, such as decking replacement. Roof repairs must comply with the building code. Ms. Hass said the recommended compliance date would provide sufficient time for her to comply with Code. She said the City had told her she did not need a permit to fix her roof. Attorney Soto submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before April 23, 2014. 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 Municipal Code Enforcement Board on March 26, 2014, 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 two violations exist: 1) outdoor storage in the driveway and side yard of building materials, part of a rear projection television, umbrellas, bicycles, garbage, trash containers, indoor furniture, a vacuum Code Enforcement 2014-03-26 2 cleaner, cooler, a large tarp-covered object, and accumulation of other materials and 2) the roof requires maintenance and the tarp needs to be removed. Respondent Vicki Hass was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.113, 3-1502.D.1, 3-1502.D.3, and 3-1502.G.2, as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all items not intended for outdoor use from the driveway and yard and repair the roof and remove the tarp to comply with said Sections of the City of Clearwater Community Development Code by April 23, 2014. If Respondent(s) 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. 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 by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of March 2014, at Clearwater, Pinellas County, Florida. 4.2 Case 07-14 C T S Holdings of Pinellas LLC 1840 Gulf-to-Bay Boulevard Door &Window Openings/Public Nuisance Condition/Graffiti —Schaar No one was present to represent the owner. Code Enforcement 2014-03-26 3 Inspector Shelby Schaar provided a PowerPoint presentation. Notices of violation were issued on January 13 and February 7, 2014, following the first inspection. The three violations at 1840 Gulf-to-Bay Boulevard related to a public nuisance condition of blight at the closed gasoline service station, plywood covering a broken window, and graffiti. Property photographs on February 18, 2014 showed a boarded window, graffiti on the structure's east wall, and scattered trash, debris, brush, and a couch, overflowing/overturned trash containers, and evidence of transients. She had communication with the former Realtor but the property owner never contacted staff; all mail to the owner was returned unclaimed. Problems at the property dated at least to summer 2013. 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 Schaar recommended compliance by April 10, 2014 or a fine of$200 per day per violation be imposed. The blighted property is on a main City corridor. Attorney Soto submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violations on or before April 10, 2014. If the Respondent does not comply within the time specified, the Board may order a fine of$200 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 Municipal Code Enforcement Board on March 26, 2014, 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 three violations exist: 1) a front window is broken and boarded with plywood, 2) the property is blighted, creating a public nuisance condition due to scattered trash, debris, brush, a couch, overflowing/ overturned trash containers, and evidence of transients; and 3) graffiti is on the structure's east wall. 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.C.1, 3-1502.C.3, 3-1503.113.1, and 3-1504, as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall clean the property by removing all debris, trash, brush, discarded materials, etc., repair or replace the broken window, and remove graffiti from the structure's east wall to comply with said Section(s) of the City of Clearwater Community Development Code by April 10, 2014. If Respondent(s) does/do not Code Enforcement 2014-03-26 4 comply within the time specified, the Board may order a fine of$200.00 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 Shelby Schaar, 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 by commencing appropriate proceedings in the Circuit Court of Pinellas County within thirty days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of March 2014, at Clearwater, Pinellas County, Florida. 4.3 Case 08-14— Repeat Violation James Arthur Scott 1139 Engman St. Door &Window Openings— Poole Inspector Kevin Poole provided a PowerPoint presentation. A notice of violation was issued on February 5, 2014, following the first inspection. Violations at 1139 Engman Street related to door and window openings. Property photographs on February 6, 2014, showed the house's windows and doors were covered with plywood. The property previously was cited for the violation in 2011 and came into compliance. Johnny Scott said he represented his brother James Scott, who owned the property and lived in Ohio. He did not submit verification that he was the owner's representative. He said after his nephew moved out and the house was vandalized, a City staff member told him to board the windows and doors. He said his brother understood the problem and sent money for repairs. He said he was working to correct the problem and had replaced two doors. Attorney for the Board Andy Salzman said the original order would be included in the record. Code Enforcement 2014-03-26 5 Member Cole moved to find the Respondent(s) was/is in violation of the City of Clearwater Code as referred to in the affidavit in this case and committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Poole recommended compliance by April 16, 2014 or a fine of$500 per day be imposed. Concern was expressed re recommended fine and compliance date, considering that Mr. Scott was trying to make necessary repairs. Attorney Soto submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before May 27, 2014. If the Respondent does not comply within the time specified, the Board may order a fine of$250 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 Municipal Code Enforcement Board on March 26, 2014, after due notice to the Respondent, 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 upon the testimony and evidence received, it is evident that the house's doors and windows were boarded. The property owner's brother was present; he said he represented the Respondent. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Community Development Code Sections 3-1502.C.1, 3-1502.C.3, and 3-1502.C.4 as referred in the Affidavit in this case and was previously found to have violated the same provisions on March 23, 2011, and therefore, has committed a repeat violation. ORDER It is the Order of the Board that the Respondent shall replace all broken and boarded doors and windows to comply with said Sections of the City of Clearwater Community Development Code by May 27, 2014. If the Respondent does/do not comply within the time specified, it is also the Order of the Board that the Respondent shall pay a fine of$250.00 per day commencing on May 27, 2014 and continuing for each day the violation continues to exist. Upon complying, the Respondent shall notify Kevin Poole, who shall inspect the property and notify the Board of compliance. 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 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 Code Enforcement 2014-03-26 6 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 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 26th day of March 2014, at Clearwater, Pinellas County, Florida. 4.4 Case 09-14 Di Domizio Investments Inc. 803 S Missouri Ave. Development Code Violations/Business Tax Receipts - Poole Attorney Carlton Ward said he had represented Mr. Di Domizio previously but did not know if he would represent him in the future. He said Mr. Di Domizio was home in Canada and had contacted him to request a continuance. He said he was not prepared to present an argument on behalf of Mr. Di Domizio. Attorney Soto said the City wanted to move forward with today's hearing. Planner II I Matt Jackson said he had been in discussions with Mr. Di Domizio for at least a year. Member Riordon moved to continue Case 09-14 to April 23, 2014. The motion was duly seconded and carried unanimously. 5. UNFINISHED BUSINESS 5.1. Case 68-13 Affidavit of Compliance NSLLC 1453 Sunset Point Rd Development Code Violation/Intent& Purpose - Poole 5.2. Case 26-13 Affidavit of Compliance Arben & Maria Hajro 1348 Franklin St. Windows Maintenance/Exterior Surfaces - Schaar 5.3. Case 04-14 Affidavit of Compliance Grow Financial Federal Credit Union 1423 Pinebrook Dr. Exterior Surfaces/Fences &Walls — Poole Member Schultz moved to accept the Affidavits of Compliance for Cases 68-13, 26-13, and 04-14. The motion was duly seconded and carried unanimously. Code Enforcement 2014-03-26 7 6. NEW BUSINESS: 6.1 Case 08-13 - Request for Fine Reduction James & Donna Dean 405 S Comet Ave. Public Nuisance/Lot Clearing/Fences &Walls/Exterior Storage—Schaar Leland Hicks, with KBP Foods, said he was the property owner. Inspector Shelby Schaar said the property was in compliance; new owners corrected all violations. The City supported reduction of the $45,000 fine to administration costs of$1,951.20. Member Schultz moved to enter an order reducing the fine for Case 08-13 to administration costs of$1,951.20, payable within 30 days 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 March 26, 2014, 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 May 22, 2013, as recorded in O.R. Book 18167, Pages 258 -261, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,951.20 payable to the Petitioner by April 25, 2014. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of$45,000.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 26th day of March 2014, at Clearwater, Pinellas County, Florida. 6.2 Case 06-03 — Request for Fine Reduction George L. Fulmer, Jr. 532 S. Ft. Harrison Ave. Exterior Surfaces Attorney Carlton Ward said he represented George L. Fulmer, Sr. and George L. Fulmer, Jr. He said the business began failing in the early 1990s. He said Mr. Fulmer Sr. did not respond immediately to City correspondence related to Code violations as his wife was dying of cancer. He said the property was brought into compliance and was under contract for sale. He said staff had advised him that the property was out of compliance. Attorney Soto said the Board will entertain a fine reduction, which the City does not oppose, if the property is in compliance. The City supported a continuance. Code Enforcement 2014-03-26 8 f Member Riordon moved to continue Case 06 -03 to April 23, 2014 for a Status Check. The motion was duly seconded and carried unanimously. 7. NUISANCE ABATEMENT LIEN FILINGS: Donn & Dixie Boston 1710 Brentwood Drive 23- 29 -15- 61884- 008 -0040 PNU2014 -00996 $200.00 Federal Home Loan Mtg Corp PNU2014 -01103 1473 S. Evergreen Ave. 22- 29 -15- 11916- 009 -0060 $384.55 Gilbert & Gro Miller PNU2014 -01119 1724 Thomas Dr. 05- 29 -16- 94356- 005 -0070 $318.70 Ella H B Investments Inc. PNU2014 -01623 800 Engman St. 10- 29 -15- 43596- 001 - 0010 $467.00 Ranell S. Smith PNU2014 -01131 1760 St. Anthony Dr. 05- 29 -16- 94410- 002 -0120 $347.99 Bih S. Chow Est. PNU2014 -01221 201 S. San Remo Ave. 14- 29 -15- 10476- 004 -0150 $326.60 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: Attest: • The meeting adjourned at 2:38 p.m. Char Municipal Code Enforcement Board Se re ary to the : oard Code Enforcement 2014 -03 -26 9