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09/24/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 24, 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, Matt Smith -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 August 27, 2014 Municipal Code Enforcement Board meeting as submitted in written summation. Member Riordon 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 25-14—Continued from 8/27/14, Continue to 10/22/14 USA Fed Natl Mtg Assn 2178 Campus Dr. Fences &Walls — Brown Case 25-14 was continued automatically to October 22, 2014. 4.2 Case 22-14—Tabled on 8/27/14, Continue to 10/22/14 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 Case 22-14 was continued automatically to October 22, 2014. Code Enforcement 2014-09-24 1 4.3 Case 28-14 Cheryl A. Pittfield & John R. Ferland, Jr. 1436 Spring Ln. Exterior Surfaces — Devol No one was present to represent the owner. Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on June 23 and August 19, 2014, following the first inspection. Violations at 1436 Spring Lane related to exterior surfaces. Property photographs on July 8, 2014 showed fading paint and mildew on exterior surfaces and the garage door. The property was vacant. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Devol recommended compliance by October 24, 2014 or a fine of$100 per day be imposed. Mail was returned with a note indicating the property had been vacant for two years. Assistant City Attorney Matt Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before October 24, 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 September 24, 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: Exterior Surfaces need to be cleaned and/or painted. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall Clean and repaint exterior surfaces to comply with said Section(s) of the City of Clearwater Community Development Code by October 24, 2014. If the 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 violations continue to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Diane Devol, who shall inspect the property and notify the Board of compliance. If Code Enforcement 2014-09-24 2 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 24th day of September 2014, at Clearwater, Pinellas County, Florida. 4.4 Case 29-14 Tam Tran 1596 Burns Dr. Delinquent Business Tax/Residential Rental BTR— Shawen No one was present to represent the owner. Inspector Dee Shawen provided a PowerPoint presentation. A notice of violation was issued on May 29, 2014, following the first inspection. The City received no response to renewal notices; the Post Office did not return the notices. Violations at 1596 Burns Drive related to Delinquent Business Tax and Business Tax for the rental property. The house was occupied; since 2010, property utilities have been in the current tenant's name. The tenants indicated they paid their rent to the property owner. Property photographs on May 29, 2014 showed a residential house. Telephone calls to the owner were not returned. The BTR (Business Tax Receipt) was delinquent for FY (Fiscal Year) 2012/13 and 2013/14 ($141.78) plus $31.50 due for FY 2014/15. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Shawen recommended compliance by October 21, 2014 or a fine of$100 per day be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before October 21, 2014. If the Respondent does not comply within the time specified, the Code Enforcement 2014-09-24 3 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 September 24, 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 Business Tax Receipt is delinquent. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are 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 the Board that the Respondent(s) shall submit the Business Tax Fee due of $173.28 to comply with said Section(s) of the City of Clearwater Community Development Code by October 21, 2014. If the 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 violations continue to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Dee Shawen, 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 24th day of September 2014, at Clearwater, Pinellas County, Florida. Code Enforcement 2014-09-24 4 4.5 Case 30-14 Jean-Samuel & Sharon L. Brindamour 2200 Morningside Dr. Public Health, Safety or Welfare Nuisance/Fences &Walls - Brown Property owner Sharon Brindamour admitted to the violation. Inspector Shelby Brown provided a PowerPoint presentation. Notices of violation were issued on May 21, 2014, following the first inspection. Violations at 2200 Morningside Drive related to public health/safety nuisance and fence maintenance. Property photographs on May 7, 2014 showed the swimming pool was covered with white plastic and the backyard fence was in various stages of leaning, with a collapsed section creating a large gap. Property photographs on August 6, 2014 showed plastic covering the swimming pool, which was unmaintained with green water and the backyard fence in various stages of leaning with a gap caused by collapsing sections of fence. Covering the swimming pool with plastic did not protect against safety problems nor comply with Code. Property owner Sharon Brindamour said she was on disability and could not do the work herself. She said her husband did not help; friends mowed and trimmed the yard. She said she had filed for bankruptcy and was working with the bank. She said she was locked out of the house, which was in foreclosure. Concern was expressed that Ms. Brindamour did not have access to the house or rights to the property and may not be responsible for the property. Inspector Brown said the Pinellas County Property Appraiser listed Jean-Samuel & Sharon L. Brindamour as owners of the subject property. Attorney for the Board Andy Salzman said there was no other rightful party without a deed in lieu of foreclosure. Ms. Brindamour said she was surrendering the house through bankruptcy. She said foreclosure proceedings had been underway since 2010; she moved out of the house in January 2014 when water and electricity services were cut. She said yesterday the bank indicated they would contact someone to do something with the pool. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Brown recommended compliance by October 24, 2014 or a fine of$100 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before October 24, 2014. If the Respondent does not comply within the time specified, the Board may order a fine of$100 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2014-09-24 5 This case came before the City of Clearwater Municipal Code Enforcement Board on September 24, 2014, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: the pool is blighted and considered a nuisance and the fence is collapsing. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation Sections 3-1503.13.5, 3-808, 3-808.A.1, 3-808.A.2, & 3- 808.A.5 of the Clearwater Community Development Code, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall service the pool and maintain it or the pool can be drained and the damaged fence is to be repaired or replaced to comply with said Section(s) of the City of Clearwater Community Development Code by October 24, 2014. If the Respondent(s) does/do not comply within the time specified, the Board may order a fine of$!00 per day per violation for each day the violations continue 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(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 24th day of September 2014, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS Code Enforcement 2014-09-24 6 5.1 Case 45-12 —Affidavit of Compliance David Ganglehoff 400 N Garden Avenue Inoperative Vehicle/Maintenance of Abutting Rights-of-Way— Franco 5.2 Case 46-12 —Affidavit of Compliance TSETSE LLC 314 N Garden Avenue Inoperative Vehicle/Fences &Walls— Franco Member Schultz moved to accept the Affidavits of Compliance for Cases 45-12 and 46-12. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Cases 45-12— Request for Fine Reduction David Ganglehoff 400 N Garden Avenue Inoperative Vehicle/Maintenance of Abutting Rights-of-Way— Franco AND 6.2 Case 46-12 — Request for Fine Reduction TSETSE LLC 314 N Garden Avenue Inoperative Vehicle/Fences &Walls— Franco Lori Nelson submitted a copy of the Power of Attorney from property owner David Ganglehoff authorizing her to act on his behalf and on behalf of TSETSE LLC. Code Compliance Manager Terry Teunis said Lori Nelson had done great work toward complying with the Board's Orders for the two properties. Ms. Nelson was attempting to sell the properties for development and needed to clear the titles; development of the properties was not guaranteed. After the previous Inspector left the City, there was no communication re reinspection of the properties. Inspector Diane Devol provided a PowerPoint presentation. The violation at 400 N Garden Avenue related to inoperable vehicles and boats. Property photographs on August 2 and November 28, 2012 showed the inoperable vehicles and boats. The Board ordered compliance by January 28, 2013 or a $150 fine per day. The two violations at 314 N Garden Avenue related to inoperable vehicles and lot clearing. Property photographs in September 2014 showed both properties had been cleaned. She said Ms. Nelson continued to maintain the properties. Lori Nelson said following the Board's orders, she immediately started to clean up the properties, removing the overgrowth and preparing the boats to move to the dump. She said the purchaser of the property would not accept the property without clear titles. Mr. Teunis said the properties had been unsafe. If all fees are paid, the unsafe cases intent to lien would be removed. He said administration costs for Case 45-12 totaled $1,466.75 and for Code Enforcement 2014-09-24 7 Case 46-12 totaled $1,254.75 plus $3,176 for the unsafe cases. The total amount due the City was $5,897.50 for the two Municipal Code Enforcement Board cases and two unsafe cases. Building Official Kevin Garriott said the developer rescheduled last week's pre application meeting for October. Attorney Salzman said the City had a neutral position and was not concerned re establishing a precedent. The City was confident re ownership of the property even though it was not formalized. Mr. Teunis said more typically the developer first would discuss their intentions with the City and submit a proposal. It was stated the property needed to be developed and that Ms. Nelson's tremendous efforts should be recognized and the fines reduced. Member Schultz moved to enter an order reducing the fine for Case 45-12 to administration costs of$1,466.75 and to enter an order reducing the fine for Case 46-12 to administration costs of$1,254.75, payable by November 23, 2014 or the lien will revert to its original amount with the understanding that fees related to the Unsafe cases also will be paid for a total due of $5,897.50 for the two Municipal Code Enforcement Board cases and two unsafe cases. The motion was duly seconded and carried unanimously. Re Case 45-12 The Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on September 24, 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 August 28, 2013, as recorded in O.R. Book 18158, Pages 318-322, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,466.75 payable to the Petitioner by November 23, 2014. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of$144,900.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 24th day of September 2014, at Clearwater, Pinellas County, Florida. AND Re Case 46-12 The Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on September 24, 2014, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. Code Enforcement 2014-09-24 8 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 August 28, 2013, as recorded in O.R. Book 18158, Pages 314 -317, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $1,254.75 payable to the Petitioner by November 23, 2014. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $80,850.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 24th day of September 2014, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS — None. 8. ADJOURN The meeting adjourned at 2:40 p.m. (-)-E,P,\)• Chair Municipal Code Enforcement Board Attest: Secretary of the and t48LIS tvo Code Enforcement 2014 -09 -24 9