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08/27/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 27, 2014 Present: Chair James E. Strickland, Vice-Chair Sue A. Johnson, Board Member Duane Schultz, Board Member Michael J. Riordon, Board Member Wayne Carothers, Board Member Christopher J. Anuszkiewicz Absent: Board Member Sheila Cole 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. 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 July 23, 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—Status Check 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 said the permit for the swimming pool at 2616 Fallsrock Drive has been pulled; the pool was drained and will be filled with dirt next week. The screen enclosure will be removed this week. Code Enforcement 2014-08-27 1 4.2 Case 21-14 James & Debra Reffie 1498 Gulf-to-Bay Boulevard Discontinued Signs/Sign Maint./Non-Conforming Signs/Exterior Surf./Graffiti Prohibited/Parking Lot Surfaces -Weaver Samantha Lauriano submitted the August 26, 2014, letter signed by her parents, Respondents James and Deborah Reffie, authorizing her to represent them at today's meeting. Inspector Mary Jo Weaver provided a PowerPoint presentation. Notices of violation were issued on May 21, 2014, following the first inspection. Violations at 1498 Gulf-to-Bay Boulevard related to sign maintenance, discontinued and non-conforming signs, graffiti, exterior surfaces, and parking lot surfaces. Property photographs on July 17, 2014 showed several rusty and deteriorating attached signs on the front and side of the building. Photographs also showed mildew, graffiti, and peeling, faded, and streaked paint on exterior surfaces and deteriorating parking lot surfaces. Samantha Lauriano, representing the Respondents, admitted to some of the violations and said some repairs had been made. Attorney for the Board Andy Salzman said the Code Inspector would have to determine if repairs met Code. Member Schultz moved to find the Respondents 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 Weaver recommended compliance by October 15, 2014 or a fine of$200 per day per violation be imposed. Right-of-way overgrowth was removed. All cited violations were unresolved at her last inspection. Representative Lauriano showed photographs of the property, stating the building had been repainted, the graffiti covered, and the signs scraped and painted; she did not know which signs had to be removed. She said her family had made a good faith effort to make all necessary repairs before today's meeting and requested an additional month to make repairs. She said the property had been empty a long time and was difficult to rent due to the City's new median. A resident recommended providing additional time to comply. A lower fine was suggested due to difficulties related to graffiti and the property's location. Assistant City Attorney Camilo Soto said the property owner was advised of the violations several months ago. Inspector Weaver said recently at the site, Respondent James Reffie told her he would not do anything to correct the violations except sue the City. Attorney Soto submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondents to correct the violations on or before October 15, 2014. If the Respondents do not comply within the time specified, the Code Enforcement 2014-08-27 2 Board may order a fine of$200 per day per violation for each day each violation continues to exist. The motion was duly seconded. Members Johnson, Schultz, Carothers, Anuszkiewicz and Chair Strickland voted "Aye"; Member Riordon voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on August 27, 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 3 violations exist: exterior surfaces are dirty and have graffiti, and faded, streaking, and peeling paint, attached signs are non conforming or discontinued and in poor condition, and the parking lot surface is deteriorating and its spaces are not marked. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1804.D, 3-1502.1, 6-104.113, 3-1502.113, 3-1504, & 3-1502.K.4, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all non conforming signs, remove all discontinued attached signs in poor condition, remove graffiti, paint exterior surfaces, and repair the parking lot surface to comply with said Section(s) of the City of Clearwater Community Development Code by October 15, 2014. If Respondent(s) does/do not 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 Mary Jo Weaver, 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 Code Enforcement 2014-08-27 3 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 27th day of August 2014, at Clearwater, Pinellas County, Florida. 4.3 Case 22-14 John D. Spence 2999 Gulf-to-Bay Boulevard Three Dimensional Signs/Vehicle Signs/Excessive Signage/Attached Signs in Non- Residential Districts/Signage without Permits—Weaver Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on January 7, 2014, following the first inspection. The single violation at 2999 Gulf-to-Bay Boulevard related to excessive and attached signage that lacked permits; other violations were withdrawn. Property photographs on July 28, 2014 showed 49 square-feet of signage along the roof line. That sign, permitted in 1993 and larger than allowed by current code, was the only permitted signage onsite. Other photographs showed a large number of additional signs. Inspector Weaver reviewed the City's comprehensive sign program. Unpermitted signs do not qualify for grandfathering. Michelle Hammock, representing Clearwater Bait& Tackle, said all signs, except for the Pepsi sign, were onsite when the property was purchased in 1999. She said a City Code Inspector previously told her to move the Elvis statue and not to worry about the other signs. She said the statue was moved and its hat removed. She said the property was clean, the parking lot maintained, and the business did not attract problem customers. She said the business would like to keep its signs. Respondent John Spence said he had complied with every previous request from the City, including moving his truck that advertised the business to the rear of his property where the City ticketed him for parking illegally. He said the City cannot dictate to him that he cannot park his truck on his property. He said he complied with City requests and moved the mannequin with a fishing pole and removed its Clearwater Bait& Tackle hat. He said his business retains its charm with the signs and old wooden floors. He said he wanted to be left alone. Inspector Weaver said she met with Mr. Spence on the subject property to show him what signage was permitted but he would not have a civilized conversation with her. Attorney Soto said the business was cited for one violation for exceeding the square-footage of allowed signage. Even though the business has had illegal non conforming signs since 1999, every business in the City must comply with the sign Code. There is no bait shop exception. Discussion ensued with comments that Clearwater is more beautiful since implementation of the sign code but not everything should be standard and over sterilized; every bait house looks like this one. It was felt staff should work with the owner. Code Enforcement 2014-08-27 4 Member Riordon moved to table Case 22-14 to September 24, 2014. The motion was duly seconded and carried unanimously. 4.4 Case 23-14 Joshua Meller 1803 Springtime Ave. Residential Rental BTR— McMahan No one was present to represent the owner. Inspector Janet McMahan provided a PowerPoint presentation. A notice of violation was issued on November 21, 2013, following the first inspection. The violation at 1803 Springtime Avenue related to rental of a residential property without a BTR (Business Tax Receipt). A utility printout showed a property tenant had domestic water service during the previous year. Property photographs on April 21 and August 15, 2014 showed the residential duplex. Member Schultz moved to find the Respondent 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 McMahan recommended compliance by September 12, 2014 or a fine of$100 per day be imposed. She did not have contact with the property owner. It was apparent at least one unit was rented though no one answered the door when she knocked. Attorney Soto submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before September 12, 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 August 27, 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: 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 was not present. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Community Development Code Section 3-2302, as referred in the Affidavit in this case. ORDER Code Enforcement 2014-08-27 5 It is the Order of the Board that the Respondent shall obtain a City of Clearwater Business Tax Receipt for Fiscal Year 2013/14 by submitting a completed application plus $39.39 to comply with said Section of the City of Clearwater Community Development Code by September 12, 2014. If Respondent does 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 of the Code, the Respondent shall notify Inspector Janet McMahan, who shall inspect the property and notify the Board of compliance. If the Respondent 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, 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 27th day of August 2014, at Clearwater, Pinellas County, Florida. 4.5 Case 24-14 James T. Clemente 112 N. Jupiter Ave. Fences &Walls/Door &Window Openings — Brown No one was present to represent the owner. Inspector Shelby Brown provided a PowerPoint presentation. Notices of violation were issued on June 24, 2014, following the first inspection. Violations at 112 N. Jupiter Avenue related to window and fence maintenance. Property photographs on March 18, 2014 showed the boarded side window and chain links detached from the fence stringers. Property photographs on June 24, 2014 showed the boarded side window, a broken front window, and the collapsing fence. In July, the listed owner of record advised her via telephone that foreclosure action was underway. Property residents did not answer the door when she knocked. Member Johnson moved to find the Respondent 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. Code Enforcement 2014-08-27 6 Inspector Brown recommended compliance by September 16, 2014 or a fine of$100 per day per violation be imposed. Attorney Soto submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before September 16, 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 violations continue to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 27, 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 2 violations exist: the house has a broken and a boarded window and a collapsed chain link fence. The Respondent was not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.3, 3-808.A.5, 3-1502.C.1, 3-1502.C.3, & 3- 1502.C.4, as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent shall repair or replace the broken and boarded windows and repair, replace, or completely remove the fence to comply with said Sections of the City of Clearwater Community Development Code by September 16, 2014. If the Respondent does 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 Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent 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, 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 2014-08-27 7 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 27th day of August 2014, at Clearwater, Pinellas County, Florida. 4.6 Case 25-14—Continue to 9/24/14 USA Fed Natl Mtg Assn 2178 Campus Dr. Fences &Walls — Brown Case 25-14 was continued to September 24, 2014. 4.7 Case 26-14 James Enright 1423 Park St. Exterior Storage/Hauling Trailer in ROW— Fletcher No one was present to represent the owner. Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on June 11 and July 28, 2014, following the first inspection. Violations at 1423 Park Street related to outdoor storage of a refrigerator and items intended for indoor use and a hauling trailer illegally parked in the front property setback. Property photographs on July 10, 2014 showed outdoor storage of a refrigerator, above ground pool steps, and items intended for indoor use and a hauling trailer parked in the front right-of-way. Property photographs on August 15, 2014 showed the refrigerator and items intended for indoor use in the yard and a hauling trailer illegally parked in the carport. The trailer had tags. She did not speak with the property owner. No one answered the front door when she knocked. Member Carothers moved to find the Respondent 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 June 6, 2014 or a fine of$100 per day per violation be imposed. Attorney Salzman said outdoor storage of a refrigerator was a health and safety violation. Attorney Soto submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before September 6, 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 violations continue to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2014-08-27 8 This case came before the City of Clearwater Municipal Code Enforcement Board on August 27, 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: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior storage of items not intended for outdoor use and illegal storage of hauling trailer. The Respondent was not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.G.2, 3-1407.A.1.b, 3-1407.A.2.c, & 3-1407.A.3.c, as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent shall clear the yard of all materials not intended for outdoor use and keep it clear and remove or relocate the hauling trailer as allowed per Code to comply with said Section(s) of the City of Clearwater Community Development Code by September 6, 2014. If the Respondent does 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 shall notify Inspector Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent 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, 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 27th day of August 2014, at Clearwater, Pinellas County, Florida. Code Enforcement 2014-08-27 9 4.8 Case 27-14 Gilbert Jannelli & Barbara Suslak C/O JW Ventures 23837 US Highway 19 Exterior Surfaces/Public Nuisance Condition/Abandoned Bldg/Graffiti Prohibited/Lot Clearing Violation/Door &Window Openings/Roof Maint. - Phillips Respondent representative Gilbert Jannelli denied the violations. He said the property was owned by JW Ventures but that partnership was dissolved. He said he was sole owner of the property and was present to respond. Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on May 5, 2014, following inspection. Violations at 23837 US Highway included: 1) abandoned building; 2) exterior surfaces; 3) graffiti; 4) roof maintenance; 5) window maintenance; and 6) overgrowth and debris. Since the structure was vacated more than 11 years ago, the police have responded to 32 calls for service. Property photographs showed exterior surfaces with deteriorated paint, rust, mildew, and graffiti, trash and debris dumped in the rear, a cooler filled with debris, a broken window, overgrown grass, an outdoor portalet, debris, wood, and stripped air-conditioning units on the roof, a hole in the roof, the ceiling falling inside the building, and water leaking through the roof onto the floor. The subject property and abutting County property were leased to GE (General Electric) to store vehicles. GE was not using the building. Respondent Jannelli discussed JW Ventures' history and said he received all City paperwork on behalf of the partnership. He said he corrected every violation except the 6-month violation (abandoned building). He said the false ceiling was collapsing, not the roof. He reviewed the lease with GE, stating it could not be altered and would need to be extended until GE finishes its parking lot. He said he was working with GE to spray and stripe the parking lot. He said GE leased the entire property, including the structure. He discussed the City's US 19 task force and said he may remodel the building. The MCEB (Municipal Code Enforcement Board) recessed from 2:55 to 2:59 p.m. Planning Manager Robert Tefft said the property was designated for commercial use. Steps would be necessary before the City could approve a commercial use other than restaurant. Inspector Phillips said during the past 11 years, the City has had to cite the property 51 times for the same Code compliance violations. While the structure had been painted innumerable times, it remained vacant. She said something needed to be done. Respondent Jannelli said all of the violations were corrected. He said the current lease on the property included the building. He objected to a finding of guilt. Member Schultz moved to find the Respondent 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 said all of the violations were corrected except for the abandoned building. The Respondent did not provide the City with a copy of the lease. The lessee did not use the abandoned structure. To provide the property owner sufficient time to determine the future of Code Enforcement 2014-08-27 10 the abandoned building, she recommended compliance by August 27, 2015, or a fine of$250 per day be imposed. Respondent Jannelli said he could not adhere to the recommended timeline if GE exercises its options and extends the lease beyond the deadline. He said he could not raze the building while the property was leased to GE. Attorney Soto said the Respondent's private lease negotiations with GE were based on his decisions. As landlord, the Respondent included the structure in the lease and was responsible for complying with Code. The building's use did not comply with the law. Attorney Soto submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation related to the abandoned building on or before August 27, 2015. 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 August 27, 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 existed: exterior surfaces, graffiti, roof maintenance, windows maintenance, and overgrowth and debris and 1 violation continues to exist: abandoned building. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) were in violation of the City of Clearwater Community Development Code Sections 3-1502.113, 3-1503.113.1, 3-1504, 3-1503.113.7, 3-1502.C.1, 3-1502.C.3, 3-1502.C.43- 1052.D.1 & 3-1052.D.3 and continue to be in violation of Sections 3-1503.113.2 & 3-1503.113.9 as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall sell the building, have a tenant occupy the building, or raze the building to comply with said Sections of the City of Clearwater Community Development Code by August 27, 2015. If the 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 Sections 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 Code Enforcement 2014-08-27 11 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 27th day of August 2014, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 19-14 Affidavit of Non-Compliance Casey Simmons 612 S Hillcrest Ave. Residential Rental BTR - McMahan Member Johnson moved to accept the Affidavit of Non-Compliance and issue the Order imposing a fine for Case 19-14. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: 6.1 Case 55-12 — Request for Lien Elimination Zahid Roy 700 Minnesota Dr. Door &Window Opening Zahid Roy said his property at 700 Minnesota Drive was homesteaded. He said an old violation in August 2012 was for vandalism that destroyed the home's windows. He said he boarded the jalousie windows and replaced the other windows. He said after vandals broke the windows again in August 2013, the former Inspector told him to obtain a police report and fix the windows, which he did. He said he then received notice of a lien on his property; he never before received notice of a lien. He said he should be on disability. He requested that the lien be eliminated so that he could borrow money to fix his property. Inspector Diane Devol said the property was not in compliance. Boards inside and outside of window openings needed to be removed and windows needed to be replaced. Since March 2014, violations related to trash and debris on the property were resolved. Code Enforcement 2014-08-27 12 Concern was expressed that the MCEB found the property out of compliance in 2012 due to boarded windows that remained boarded. Mr. Roy said the Board cannot reopen a 2-year old violation and must issue a second notice before they can fine him. He said he met the old violation. He complained the City had seized his equity. He said the City cannot claim that the broken windows were an existing violation. Attorney Salzman said on August 23, 2013, the MCEB accepted an Affidavit of Non-Compliance for Case 55-12 re broken and boarded windows at 700 Minnesota Drive and issued an order imposing an accruing fine. He said the order, sent certified mail, was unclaimed. Attorney Soto said criminal complaints re broken windows did not correct the violation. Photographs of the subject property showed no changes since November 28, 2012. The Board provided the property owner sufficient time to repair the windows. Mr. Roy said he had heard nothing from the board and came into compliance in November 2012. He said he did not have money to fix the windows and instead removed the window frames on the preexisting enclosed porch. He said the former Inspector told him it would be OK to paint the boards covering the old jalousie windows. He said it was unconstitutional for the City to seize his private property. He said he needed 5 months to comply. Attorney Salzman reviewed the Board's policy to reduce liens on properties that meet compliance to administrative costs; exceptions had been made for new owners of properties still out of compliance. In response to a question, Mr. Roy said he could not afford to make repairs and could not borrow money to do so because of the lien. He did not know how much repairs would cost. It was disbelieved that a previous inspector would tell a property owner that painting the wood on boarded windows complied with Code. It was commented that the property owner had plenty of time to comply and should have expended more effort before coming before the Board. Member Riordon moved to deny the request to reduce/eliminate the lien for Case 55-12. The motion was duly seconded and carried unanimously. 7. NUISANCE ABATEMENT LIEN FILINGS: MUCCI, ARTHUR S EST 1508 SANDY LN PNU2014-00423 02-29-15-38718-005-0030 $269.25 GAIL LINDA PHILLIPS 1432 DE LEON ST PNU2014-00563 14-29-15-10476-006-0070 $200.00 GAIL LINDA PHILLIPS 1432 DE LEON ST PNU2014-00871 Code Enforcement 2014-08-27 13 14- 29 -15- 10476- 006 -0070 $269.25 GUNDEN, LAURA E EST 1516 CLEVELAND ST 14- 29 -15- 18954- 008 -0200 PNU2014 -01058 $467.00 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: The meeting adjourned at 3:47 p.m. Attest: Chair Municipal Code ' nforcement Board e retary of the Boar Code Enforcement 2014 -08 -27 14