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06/25/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 25, 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 2.1. Approve the minutes of the May 28, 2014 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve Item 2.1. 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 PUBLIC HEARINGS 4.1 Case 13-14—Cont'd from May 28, 2014-WITHDRAWN C Snedeker Jr& Deanne L Snedeker 110 N. Missouri Ave. Exterior Surfaces —Schaar Case 13-14 was withdrawn. 4.2 Case 17-14 Lawrence J Finkle Martin L Altner, Trust 210 Waverly Way Delinquent BTR/Residential Rental BTR - McMahan No one was present to represent the owner. Inspector Janet McMahan provided a PowerPoint presentation. Notices of violation were issued on December 12, 2013, April 29 and May 16, 2014, following the first inspection. The residential property had two duplex structures addressed at 210 -212 Waverly Way and 214 -216 Waverly Code Enforcement 2014-06-25 1 Way. Violations related to a delinquent BTR (Business Tax Receipt) for residential rentals. Utility printouts showed tenants had water service. Property photographs on June 23, 2014 showed the duplexes. Inspector McMahan said on June 24, 2014, the property owner came into compliance by paying the fee and late fee for the BTR, which was one year in arrears. She requested a declaration of violation. Member Schultz 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. Member Schultz 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. Assistant City Attorney Camilo Soto submitted composite exhibits. This case came before the City of Clearwater Municipal Code Enforcement Board on June 25, 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 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. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Section 29.40(1) of the Clearwater City Code of Ordinances and Section 3-2302 of the Clearwater Community Development Code, 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 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a Code Enforcement 2014-06-25 2 request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 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 June 2014, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 03-14 Affidavit of Non-Compliance Riviera Motel LLC 217 Coronado Dr. Public Nuisance Condition/Abandoned Buildings— Lopez 5.2 Case 11-14 Affidavit of Non-Compliance 1519 Tioga Ave Land Trust Platinum Group Financial LLC Tre 1519 Tioga Ave. Hazardous Trees —Anderson 5.3 Case 08-14 Affidavit of Compliance James Arthur Scott 1139 Engman St. Door &Window Openings— Poole Member Schultz moved to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 03-14 and 11-14 and to accept the Affidavit of Compliance for Case 08-14. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 68-13 — Request for Lien Reduction NSLLC 1453 Sunset Point Rd Development Code Violation - Poole Attorney Beejal Thakore, representative for the property owner, requested the fine be reduced to administration costs. She said Gursagar Singh began work to meet compliance on the day after the board issued its order and immediately educated the business' employees and team members to stop offering pet boarding services unless medically necessary and removed all signs that may have alluded to boarding. She said all references to animal boarding services on the All Pet Care Hospital website were scrubbed from the website by December 27, 2013. She said Dr. Singh thought the City would make an unannounced inspection and was unaware he was required to notify the Inspector until he received notice that a fine was accruing. Code Enforcement 2014-06-25 3 Code Compliance Manager Terry Teunis said staff supported the fine reduction. His department's administration costs would be submitted later that day. Attorney for the Board Andy Salzman said administration costs for Official Records and Legislative Services totaled $751.20. He said the Board cannot reduce fines below administration costs. Attorney Thakore requested the Board resolve the issue at this meeting. Attorney Salzman recommended the board approve a fine reduction to administration costs. Member Schultz moved to enter an order reducing the fine for Case 68-13 to administration costs, payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Planning and Development Department submitted its costs of$468.00. Administration costs totaled $1,219.20. The Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on June 25, 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 February 26, 2014, as recorded in O.R. Book 18337, Pages 85 - 88, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,219.20 payable to the Petitioner by July 25, 2014. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of$10,000.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of June 2014, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: BASHKIM STAROVA 1117 N SATURN AVE PNU201 4-001 1 7 11-29-15-39222-046-0090 $269.25 CHOW, BIH S EST 201 S SAN REMO AVE PNU2014-00128 14-29-15-10476-004-0150 $326.56 JAMES W STRATTON 1531 ROSEMERE RD PNU2014-00176 11-29-15-31194-000-1030 $385.50 Code Enforcement 2014-06-25 4 DD PROPERTY GLENWOOD TRUST DIEFEL, CHARLENE THE 717 N GLENWOOD AVE 11- 29 -15- 62568 -004 -0010 PNU2014 -00193 $462.80 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: The meeting adjourned at 1:51 p.m. Attest: f Chair Municipal Code Enforcement Board Secret -ry of the Boa Code Enforcement 2014 -06 -25 5