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11/29/2006 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 29, 2006 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Kelly Wehner Board Member Richard Avichouser Board Member Richard Adelson Board Member David W. Campbell Board Member Ronald V. Daniels Board Member ó Also Present: Carlos Coln Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 3:00 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 286.0106 requires any party appealing a decision of this Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. Case 69-06 Douglas J Weiland - JES Properties, Inc 3281 Landmark Drive Occupational License – Shawen AND B. Case 70-06 Douglas J. Weiland - Athena Capital Partners, Inc 3281 Landmark Drive Occupational License – Shawen Representative Roland Santiago requested a continuance. Member Keyes moved to continue Cases 69-06 and 70-06 to January 24, 2007. The motion carried was duly seconded and unanimously. Code Enforcement – 2006-11-29 1 C. Case 71-06 McDowell Holdings, Inc. 1459 Court Street Grass Parking - DeBord Property owner Ernest McDowell admitted to the violation. Development Services Manager Bob Hall provided a PowerPoint presentation. Violations at 1459 Court Street relate to grass parking on a vacant lot, associated with a business. He reported acknowledgement of the violation was by return receipt of certified mail. The initial inspection was done on May 1, 2006 and the notice of violation was sent on May 3, 2006. Photographs indicate vehicles parked on the grass. Compliance requires the property owner to remove all vehicles from the vacant lot. Staff recommended compliance by December 11, 2006, or a $150 per day fine be imposed. Mr. Hall said the property has been under potential development for several years. Staff requested a date certain for the property owner to obtain permits with a licensed contractor and to construct a parking lot that meets Code. Assistant City Attorney Carlos Colón submitted City composite exhibits. Dr. McDowell reviewed his efforts to remedy parking shortages at his orthodontist practice, which is open three days a week. He purchased and cleaned the subject property for parking six to 10 staff vehicles and plans to construct an office there in the future. He said his approved plans lapsed and his engineer submitted new development plans today. He requested a reasonable time to build the parking lot and bring the property into compliance. Construction of the office structure will occur later. Concern was expressed the violation would continue until after the parking lot is permitted and constructed. Senior Planner Wayne Wells reviewed the application process, and estimated the project could be completed between 4-6 months. Mr. Hall said staff is anxious for closure on this issue. Discussion ensued with a recommendation that an alternate parking site be used until construction on the parking lot is completed as Dr. McDowell has had adequate time to solve the problem. Dr. McDowell said he did not want to cause a hardship for his staff and hoped they could continue to park on the subject property during parking lot construction. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 admission to the violation, testimony and evidence received, it is evident that parking on the grass is occurring which is not permitted. CONCLUSIONS OF LAW Code Enforcement – 2006-11-29 2 The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by April 30, 2007 by constructing a permitted parking lot approved by the City. 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 Rick DeBord, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. motion carried The was duly seconded and unanimously. D. Case 72-06 North Mandalay Investment Group, Inc. 411 East Shore Drive Unsafe Notice – Wright Case 72-06 was continued to January 24, 2007. E. Case 73-06 Raquel Hetzel 1469 Grove Street Permits/Inspection - Wright Property owner Raquel Herzel admitted to the violation. Inspector Bill Wright provided a PowerPoint presentation. He reported acknowledgement of the violation was by posting the property. Staff has had several telephone calls from the owner. Violations at 1469 Grove Street relate to working without permits and/or inspections. The initial inspection was done on April 5, 2006, and the property was posted with stop work orders on April 5 and May 5, 2006. Photographs indicate a beam deteriorated at the roof line, deteriorated rafter tails, and a replacement beam supported with two by fours. Compliance requires the property owner to obtain permits with a licensed contractor and to make repairs that meet Code. Staff recommended compliance by December 29, 2006, or a $150 per day fine be imposed. Code Enforcement – 2006-11-29 3 Ms. Herzel said after she was incapacitated by a vehicular accident in March, she relied on a friend, who performed work that she did not authorize. Mr. Wright estimated repairs would take one week. Staff agreed to a later compliance date due to upcoming holidays. Attorney Colón submitted City composite exhibits. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 an admission to the violation(s), testimony, and evidence received, it is evident a carport is being rehabilitated on rental property without permits and/or inspections. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by January 22, 2007. 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 William Wright, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. motion carried The was duly seconded and unanimously. Code Enforcement – 2006-11-29 4 F. Case 74-06 Remzi Dalip 2135 Burnice Drive Permits/Inspection - Nardin The property owner was not represented. Inspector Kyle Wilson provided a PowerPoint presentation. He reported acknowledgement of the violation was by posting the property. Staff met with the property owner on site and at City offices and via telephone calls. Violations at 2135 Burnice Drive relate to a carport enclosure built without permits or inspections. The initial inspection was done on April 26, 2006 and the notice of violation and Stop Work Order were issued that day. Photographs indicate the carport was enclosed with vinyl fencing materials and French doors. Compliance requires the property owner to remove the total addition. Staff recommended compliance by December 29, 2006, or a $250 per day fine be imposed. Development & Neighborhood Services Director Jeff Kronschnabl reported that all staff efforts to work with the property owner have failed. He expressed concern the unsightly and structurally unsound addition has been a neighborhood hazard for seven months. The property owner has not kept any promises made to staff. Mr. Wright said the property owner has had time to obtain engineering drawings to enclose the carport. Attorney Colón submitted City composite exhibits. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 a carport is being enclosed without permits and/or inspections. The Respondent had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by December 29, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 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 Kyle Wilson, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas Code Enforcement – 2006-11-29 5 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 motion carried The was duly seconded and unanimously. G. Case 75-06 Natalie P. Howard 1366 Tioga Avenue Grass Parking, Exterior Storage & Surfaces, Landscaping - Ruud Property owner Natalie Howard did not admit to the violations. Inspector Alan Ruud provided a PowerPoint presentation. He reported acknowledgement of the violation was by return receipt of certified mail. Violations at 1366 Tioga Avenue relate to exterior storage, exterior surfaces, landscaping, and residential grass parking. The initial inspection for exterior storage, exterior surfaces and required landscaping was done on September 27, 2005 and the notice of violation was issued that day. Photographs indicate the yard covered with mulch, a series of vehicles parked on the grass, exterior surfaces of the house needing paint, and the exterior storage of broken furniture and automobile parts, including tires, batteries, and transmissions. Compliance requires the property owner to clean and paint exterior surfaces, remove exterior storage, provide landscaping as required by Code, and remove vehicles from the yard and park them in compliance with Code. Staff recommended compliance by December 29, 2006, or a $150 per day per violation fine be imposed. Attorney Colón submitted City composite exhibits. Ms. Howard said she has not worked for 18 months and recently was released from the hospital. She said she had done all she could to maintain her property, including painting over graffiti on her fence, painting a side of her house, and spreading mulch on her yard where grass would not grow because of exposed roots from the many oak trees. She said many of the problem vehicles were gone. Mr. Ruud said staff had taken financial issues into account. He said grass would be the least expensive yard covering and recommended that Ms. Howard spread grass seed, water it, and not permit vehicles to park in the yard, which has destroyed the landscaping. Some vehicles that park in the yard are not tagged. The driveway is large enough to accommodate three cars. Some painting still needs to be completed. Ms. Howard said she parks in the yard close to the front door as she cannot walk far. Code Enforcement – 2006-11-29 6 Discussion ensued with concerns expressed that poor property maintenance detracts from neighborhoods and lowers property values. It was recommended that the property owner prohibit further mechanical repairs in her yard and stop people from driving on the yard. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 multiple vehicles are being parked on the front lawn, tires and debris litter the front and side yards, the front yard requires ground cover, and the exterior surfaces of the structure require cleaning and paint. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by December 29, 2006. 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 Alan Ruud, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. motion carried The was duly seconded and unanimously. H. Case 76-06 First Fed Trust Service Inc, TRE 1512 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud Case 76-06 was continued to January 24, 2007. Code Enforcement – 2006-11-29 7 I. Case 77-06 First Fed Trust Service Inc, TRE 1508 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud Case 77-06 was continued to January 24, 2007. J. Case 78-06 Celia Harmon Est. 1107 Tangerine Street Landscape Cover - Collins The property owner was not represented. Regarding Cases 78-06 and 79-06, Inspector Cornelius Collins provided a PowerPoint presentation. He reported acknowledgement of the violation on Tangerine Street was by return receipt of certified mail. Violations at 1107 Tangerine Street and 1309 N. Martin Luther King, Jr. Avenue, abutting properties, relate to the landscape ground cover. The initial inspection was done on December 20, 2005 and the notice of violation was sent on that date. Photographs indicate vehicles parked on the properties and an accumulation of trash and debris strewn over dirt. No ground cover was present. Compliance requires the property owner to maintain a ground cover according to Code. No correction actions have occurred and the City has had no response from the property owner. Staff recommended compliance by December 29, 2006, or a $150 per day per property fine be imposed. Attorney Colón submitted City composite exhibits. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 the ground cover on the property is not being maintained. The Respondent had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by December 29, 2006. 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 Cornelius Collins, who shall inspect the property and notify Code Enforcement – 2006-11-29 8 the Board of compliance. If the Respondent(s) fail/fails 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 motion carried The was duly seconded and unanimously. K. Case 79-06 Celia Harmon Est. 1309 N. Martin Luther King, Jr. Avenue Landscape Cover – Collins See discussion of Case 79-06 on page 8. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 the ground cover on the property is not being maintained. The Respondent had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by December 29, 2006. 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 Cornelius Collins, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. Code Enforcement – 2006-11-29 9 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. motion carried The was duly seconded and unanimously. L. Case 80-06 Crescenzo Land Holdings, Inc. 1313 N. Martin Luther King, Jr. Avenue Landscape Cover– Collins The property owner was not represented. Inspector Collins provided a PowerPoint presentation. He reported acknowledgement of the violation by return receipt of certified mail. Violations at 1313 N. Martin Luther King, Jr. Avenue relate to the landscape ground cover. The initial inspection was done on December 20, 2005 and the notice of violation was sent on that date. Photographs indicate vehicles parked on the property and an accumulation of trash and debris strewn over dirt. No ground cover was present. Compliance requires the property owner to maintain a ground cover according to Code. No corrective actions have occurred. Staff recommended compliance by December 29, 2006, or a $150 per day fine be imposed. Attorney Colón submitted City composite exhibits. Member Wehner moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 the ground cover on the property is not being maintained. The Respondent had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by December 29, 2006. 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 Cornelius Collins, who shall inspect the property and notify Code Enforcement – 2006-11-29 10 the Board of compliance. If the Respondent(s) fail/fails 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 motion carried The was duly seconded and unanimously. M. Case 81-06 Chesterman & Laurel-Ann Bowes 215 Orangeview Avenue Roof Maintenance, Exterior Storage – Espinosa Property owner Chesterman Bowes admitted only to the violation regarding the fascia. Inspector Nilda Espinosa provided a PowerPoint presentation. She reported acknowledgement of the violation was by return receipt of certified mail. Violations at 215 Orangeview Avenue relate to exterior surfaces, roof maintenance, maintenance of abutting rights-of-way, and exterior storage. The initial inspection was done on April 28, 2006 and the notice of violation sent on May 3, 2006. Photographs indicate peeling paint, soffit damage, mildew on the roof and building’s exterior, and debris in the yard such as a sink and tires. Compliance requires the property owner to finish painting the building, power wash and paint the roof, remove outdoor storage, and trim the tree overhanging the right-of-way. Staff recommended compliance by December 29, 2006, or a $250 per day fine be imposed. Ms. Espinosa said she visited the property yesterday but due to onsite residents, she will not go on the property unless escorted. She said painting still needs to be done. Attorney Colón submitted City composite exhibits. Mr. Bowes said the painting, roof and fascia work were completed. He originally thought he had until the end of September to comply. He said occasionally, people stay on his back porch. Mr. Hall said neighbors have reported that three people, who stay in the back of the subject house, have caused problems over the years. He said the totality of issues needs to be addressed. Exterior storage has returned following past efforts to clean up the property. Ms. Espinosa said the roof and fascia have been repaired and the limb impacting the right-of-way has been removed. As some of the violations were corrected prior to the hearing, two orders were issued. Code Enforcement – 2006-11-29 11 Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 the exterior of the building needs painting and exterior storage of materials is occurring on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by January 15, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 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 Nilda Espinosa, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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 motion carried The was duly seconded and unanimously. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 on the testimony and evidence received, it is evident that the fascia and soffit were in need of repair and a hanging branch extending into the right-of-way required trimming, however, it is further evident that these conditions were corrected prior to this hearing. CONCLUSIONS OF LAW Code Enforcement – 2006-11-29 12 The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) as referred 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 of $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. 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 motion carried The was duly seconded and unanimously. N. Case 82-06 Frederick Singletary 1349 N. Highland Ave. Outdoor Display/Storage, Exterior Storage – O’Neil Property owner Frederick Singletary admitted to the violation. Inspector Corey O’Neil provided a PowerPoint presentation. Acknowledgement of the violation was by return receipt of certified mail. Violations at 1349 N. Highland Avenue relate to outdoor display/storage, exterior storage and display/nonresidential properties, and fences. The initial inspection was done on June 13, 2006 and the notice of violation sent on August 21, 2006. Photographs indicate appliances stored in the front yard and a fence that is collapsed and missing boards. Compliance requires the property owner to remove all appliances from visibility within legal allowances and repair/maintain fence to Code. Staff recommended compliance by December 29, 2006, or a $150 per day per violation fine be imposed. Attorney Colón submitted City composite exhibits. Mr. Singletary said customers drop off appliances when he is away. He felt the Code was unfair. In response to a question, Mr. Hall recommended that Mr. Singletary contact the Planning Department on ways to address the problem. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on November 29, 2006, 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 Code Enforcement – 2006-11-29 13 Based upon an admission of the violation(s), testimony, and evidence received, it is evident appliances are being displayed and/or stored outside on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 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 Code by December 29, 2006. 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 Corey O’Neil, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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 motion carried The was duly seconded and unanimously. 2. UNFINISHED BUSINESS A. Case 47-06 - Affidavit of Non-Compliance Isa Q. Dauti 1535 Gulf-to-Bay Boulevard Signs – Weaver AND B. Case 17-06 - Affidavit of Compliance Boatswin Tree Services 509 Virginia Lane Fences & Windows – Franco Member Keyes moved to accept the Affidavit of Non-Compliance for Case 47-06 and to issue the Order imposing a fine and to accept the Affidavit of Compliance for Case 17-06. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION – None. Code Enforcement – 2006-11-29 14 . 4. NUISANCE ABATEMENT LIEN FILINGS Tracey J. Lahrsen PNU2006-01255 1413 N. Osceola Avenue 09-29-15-80442-000-0060 $200.00 Crescenzo Land Holdings Inc PNU2006-01837 1313 N. Martin Luther King Jr. Avenue 10-29-15-33552-004-0320 $200.00 Carlene P. Hope PNU2006-01356 1145 Wildwood Street 22-29-15-54360-000-0080 $387.50 Rivera-Calderon Family Trust PNU2006-01130 1923 N. Highland Avenue 02-29-15-87714-000-0512 $562.50 Josephine Padden Tre PNU2006-01704 839 Lantana Avenue 05-29-15-54666-030-0040 $363.75 Member Keyes to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. 6. ADJOURN The meeting adjourned at 5:18 p.m. "" ~ ' ( W~O --r- Chai Muni Ipal Code Enforcement Board Attest: ~~ Secret o'the Board . Code Enforcement - 2006-11-29 15