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07/23/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 23, 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 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 2.1. Approve the minutes of the June 25, 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 18-14 Jaqueline D Keating & Ralph H Rem Doudera 2616 Fallsrock Dr. Windows Maintenance/Ext. Storage/Lot Clearing/Ext. Surfaces/Public Health, Safety or Welfare Nuisance— Phillips Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on April 24 and May 30, 2014, following the first inspection. The 5 violations at 2616 Fallsrock Drive related to windows maintenance, exterior storage, lot clearing, exterior surfaces, and public health, safety or welfare nuisance. Property photographs showed rust stains, mildew, and peeling paint on exterior surfaces, torn and missing screens on the pool enclosure, the roof caving in on the rear lanai, a large scale accumulation of discarded items on the rear patio which attracted vermin, and a hazardous swimming pool with unfiltered, opaque, black water. Code Enforcement 2014-07-23 1 In response to questions, Inspector Phillips said the gate to the swimming pool was not secure. During the previous six years, the property was in and out of compliance. The Respondent had not lived in the house for five months. Once the outside of the property is brought into compliance, staff will contact organizations to help clean the home's interior. Respondent Jaqueline Keating admitted to the violations. Member Riordon 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 Phillips recommended compliance by September 2, 2014 or a fine of$100 per day per violation be imposed. The City could be lenient re compliance date if progression was evident. Ms. Keating said she had signed a contract to fill the swimming pool with dirt and remove the pool enclosure. She said she was unable to do the work herself and had no one to assist her. She said she had resources to hire help within reason. It was requested that a status check be scheduled in August and it was recommended that the piles of debris on the back porch be removed as soon as possible to eliminate the rats. Assistant City Attorney Camilo Soto said the City opposed extending the compliance date. He submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before September 22, 2014. 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 Municipal Code Enforcement Board on July 23, 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 5 violations exist: windows maintenance (screens), exterior surfaces, exterior storage, lot clearing, and public health, safety of welfare nuisance. Respondent Jaqueline Keating was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.C.3, 3-1502.G.1, 3-1502.G.2, 3-1503.113.7, 3-1503.113.5, & 3-1502.113, as referred in the Affidavit in this case. ORDER Code Enforcement 2014-07-23 2 It is the Order of the Board that the Respondent(s) shall repair, replace or remove screens from the pool enclosure, remove rust stains, mildew and peeling paint from the exterior of the house, remove all exterior storage and debris, and clean, drain, or fill the swimming pool to comply with said Section(s) of the City of Clearwater Community Development Code by September 22, 2014. 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 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 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 23rd day of July 2014, at Clearwater, Pinellas County, Florida. 4.2 Case 19-14 Casey Simmons 612 S Hillcrest Ave. Residential Rental Business Tax Receipt— McMahan No one was present to represent the owner. Inspector Janet McMahan provided a PowerPoint presentation. A notice of violation was issued on May 1, 2014, following the first inspection. The violation at 612 S. Hillcrest Avenue related to rental of a residential property without a BTR (Business Tax Receipt). A utility printout showed the home's tenant had recent domestic water service. Property photographs on May 1 and July 10, 2014 showed the single-family home. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Community Development Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Code Enforcement 2014-07-23 3 Inspector McMahan recommended compliance by August 15, 2014 or a fine of$100 per day be imposed. Attorney Soto submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before August 15, 2014. If the Respondent does not comply within the time specified, the Board may order a fine of$100 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 July 23, 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 1 violation exists: the property is being rented without a Business Tax Receipt. 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) 3-2302, as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent shall obtain a Business Tax Receipt for Fiscal Year 2013/14 to comply with said Section(s) of the City of Clearwater Community Development Code by August 15, 2014. 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 the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Janet McMahan, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a 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 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. Code Enforcement 2014-07-23 4 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 23rd day of July 2014, at Clearwater, Pinellas County, Florida. 4.3 Case 20-14— Repeat Violation Cedar House LLC 302 Cedar St. Dev. Code Violation/Prima Facie Evidence of Certain Uses in Res. Zoning District - Lopez Inspector Michael Lopez provided a PowerPoint presentation. Following complaints, staff investigated websites and issued a notice of violation on June 11, 2014. Violations at 302 Cedar Street related to a repeat violation for advertising a property for rent for less than 31 days or one calendar month. A property photograph showed the rental house. Also presented was prima facie evidence: 1) March 3, June 17, and July 21, 2014 screenshots of VRBO (Vacation Rentals by Owner) website — property offered for rent for one night minimum stay and 2) March 5, June 17, and July 8 screenshots of HomeAway website— property offered for rent for 3—6 nights. Inspector Lopez said the HomeAway website quoted him a rate for a weeklong stay in September. The property came into compliance on July 22, 2014 when minimum 30 day rental language was added to the websites. Respondent Betsy Steg said she owned the property but denied the violation. She said she met with Code Enforcement last year to get her websites into compliance. She said she called the Code Inspector immediately upon receipt of the Notice of Violation as she knew the websites were proper. She said she called his supervisor when the Code Inspector had not responded. She said she also had no response from City officials and the State Attorney's Office, which she contacted to obtain public records and paperwork to find out what was going on. She said she was at a loss at what to do. She said while the websites quoted a daily rate, they also referenced the minimum 30 day rental requirement. She said all bookings have to be made through her. She said the City did not clarify the problem until Monday and she corrected it. In response to a question from Attorney Soto, Ms. Steg acknowledged receiving an email on June 19, 2014. listing the websites in question. She said she did not know what was wrong with the websites. Attorney Soto said Ms. Steg could have stopped by City offices at any time to ask questions. Ms. Steg said she did not want to stop by City offices unless someone knew she was coming. She said she would have corrected the website immediately had the City responded to her telephone calls and emails and explained the problem. She said she had emails to present to the board that showed all of her responses to inquiries referenced the 30 day minimum. The Municipal Code Enforcement Board recessed from 2:36 to 2:42 p.m. Code Enforcement 2014-07-23 5 Board Attorney Andy Salzman said the screenshot of the VRBO website had language re monthly rental requirement; the screenshot of the HomeAway website did not. Ms. Steg said she did not try to rent the house for less than 30 days. She said she moved the minimum night information higher on the website. She said the City's process was frustrating. Attorney Soto said on November 20, 2013, the Board found the property to be in violation of the Code re short-term rentals. He said the City presented prima facie evidence that the property was in violation of Code again. He said the City sent the property owner an email on June 19, 2014 identifying websites in violation. He said a repeat violation had occurred. It was commented that Ms. Steg could have stopped by city offices for answers or presented her rental records to the board to prove she had complied with the minimum night requirement. It was noted the Board could fine Ms. Steg $500 for each day the violation existed. It was stated the City had presented a compelling case. Member Riordon moved to find the Respondent was 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 Lopez said the property was in compliance. He recommended a fine of$500 per day be imposed for the 41 days (June 11 to July 22, 2014) the property was out of compliance. Discussion ensued re the fine. Attorney Soto submitted composite exhibits. Member Schultz moved to enter an order that a fine of$100 per day, or$4,100, be imposed for the time the violation existed from June 11 to July 22, 2014, payable by September 21, 2014. If the Respondent repeats the violation, the Board may order a fine up to $500 per day for each day the violation exists. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on July 23, 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 from June 11 to July 22, 2014 (41 days), the house was advertised for rental for less than 31 days and the property was in violation of the City of Clearwater Community Development Code. The Respondent was present. CONCLUSIONS OF LAW The Respondent was in violation of Code Section(s) 1-104.113 & 3-919 as referred in the Affidavit in this case and previously was found to have violated the same Code Section(s) on November 20, 2013 and therefore, committed a repeat violation. Code Enforcement 2014-07-23 6 ORDER In accordance with the Board's Order dated July 23, 2014, it is the Order of this Board that the Respondent pay a fine of$4.100.00 ($100.00 daily fine) for the time period from June 11, 2014 to July 22, 2014, when the violation existed, to be paid by September 21, 2014. The Board further orders that if Respondent repeats the violation referenced herein, the Board may order the Respondent to pay a fine up to $500.00 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 this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162 of the Florida Statutes. 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 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 23rd day of July 2014, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 07-14 Affidavit of Compliance C T S Holdings of Pinellas LLC 1840 Gulf-to-Bay Boulevard Door &Window Openings/Public Nuisance Condition/Graffiti —Schaar 5.2 Case 14-14 Affidavit of Compliance Maryam Shahriari 1352 Franklin St. Exterior Storage— Schaar 5.3 Case 10-14 Affidavit of Non-Compliance Severino Gonzales Hernandez Juana Flores Lugo 1345 N Highland Ave. Portable Signs/Excessive Signage/Attached Signs in Non-Residential District/Signage without Permit—Weaver Code Enforcement 2014-07-23 7 Member Riordon moved to accept the Affidavits of Compliance for Case 07-14 and 14-14 and to accept the Affidavit of Non-Compliance and issue the Order imposing fines for Case 10-14. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: None 7. NUISANCE ABATEMENT LIEN FILINGS: JOSEPH R CHAMPLIN 1412 S EVERGREEN AVE PNU2014-00149 22-29-15-11952-014-0060 $269.25 VERONICA J CRANE 809 FAIRWOOD FOREST DR PNU2014-00383 08-29-16-27442-000-0530 $269.25 EVERS MAXIE JR 1203 BLANCHE B LITTLEJOHN PNU2014-00421 TRL 10-29-15-65718-002-0050 $495.00 SUSAN DOWE CHARLOTTE URE 1117 GRANADA ST PNU2014-00438 03-29-15-47430-002-0190 $269.25 HOLMES, WILLIE B EST 505 N GARDEN AVE PNU2014-00537 09-29-15-37422-002-0160 $333.00 ELLA H B INVESTMENTS INC 800 ENGMAN ST PNU2014-00542 10-29-15-43596-001-0010 $313.00 ELLA H B INVESTMENTS INC 802 ENGMAN ST PNU2014-00543 10-29-15-43596-001-0010 $467.00 CHAD C WELCH MIA C WELCH 316 S BETTY LN PNU2014-00617 15-29-15-38574-009-0180 $766.00 JAMES MC AFOOSE 114 S SAN REMO AVE PNU2014-00619 Code Enforcement 2014-07-23 8 1 14- 29 -15- 47016 - 003 -0090 1 $289.50 Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: The meeting adjourned at 3:12 p.m. Attest: t reta of th S e Chair Municipal Code Enforcement Board ry e B Code Enforcement 2014 -07 -24 9