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01/24/2007 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER January 24, 2007 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 Brenda Moses 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 – Contd. from 11/23/06 Douglas J Weiland - JES Properties, Inc. 3281 Landmark Drive Occupational License – Shawen Staff withdrew Case 69-06. B. Case 70-06 – Contd. from 11/23/06 Douglas J. Weiland - Athena Capital Partners, Inc. 3281 Landmark Drive Occupational License – Shawen Staff withdrew Case 70-06. C. Case 72-06 – Contd. from 11/23/06 North Mandalay Investment Group, Inc. 411 East Shore Drive Unsafe Notice – Wright Case 72-06 was continued to February 28, 2007, as service has not been obtained. Code Enforcement – 2007-01-24 1 D. Case 76-06 – Contd. from 11/23/06 First Fed Trust Service Inc, TRE 1512 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud Case 76-06 was continued to February 28, 2007, as service had not been not obtained. E. Case 77-06 – Contd. from 11/23/06 First Fed Trust Service Inc, TRE 1508 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud Case 77-06 was continued to February 28, 2007, as service had not been obtained. F. Case 01-07 Robert Schoeller 630 Drew St. Fences & Walls, Exterior Surfaces & Exterior Storage – Collins Case 01-07 was continued to February 28, 2007, as service had not been obtained. G. Case 02-07 Robert Schoeller 632 Drew St. Exterior Surfaces & Exterior Storage – Collins Case 02-07 was continued to February 28, 2007, as service had not been obtained. H. Case 03-07 Real Global Investments, LLC 2400 Gulf-to-Bay Boulevard Signs, Exterior Surfaces, Public Nuisance – Franco Case 03-07 was continued to February 28, 2007, as service had not been obtained. I. Case 04-07 Gulf to Bay Holdings, LLC 2551 Gulf-to-Bay Boulevard Signs - Weaver George Pappas, representative, stated he had been retained yesterday and requested a 30-day continuance. ó Assistant City Attorney Carlos Coln said staff does not oppose a continuance. motion Member Keyes moved to continue Case 04-07 to February 28, 2007. The was carried duly seconded and unanimously. Code Enforcement – 2007-01-24 2 J. Case 05-07 George R. & Janice L. Valone 1261 S. Ft. Harrison Ave. Signs – Weaver Property owner George Valone did not admit to the violation. City Inspector Mary Jo Weaver provided a PowerPoint presentation. Violations at 1261 S. Ft. Harrison Avenue relate to illegal signs. She reported acknowledgment of the violations was by return receipt of certified mail. The initial inspection was done on June 21, 2006, and the notice of violation was sent on May 26, 2006. Photographs indicate illegal signage. Compliance requires the property owner to remove the illegal signs. Staff recommended compliance by February 5, 2007, or a $250 per day fine be imposed. John Nguyen, Madd Italian Deli, said the subject signs were in place when he established his business seven years ago. He questioned why the City now claims the signs do not comply with code. ó Attorney Coln stated the previous owners’ signage is irrelevant. Mr. Nguyen said his business would suffer financial difficulty without the signs. He said his business is barely visible from the street as it is surrounded by trees and set back 70 feet from the road. He indicated City staff had told him he could display a banner sign but did not tell him he needed a permit. Development Services Manager Bob Hall said during the last year, staff rendered an interpretation regarding push down signs. Property owners had sufficient time to remove these types of signs and most had done so. There is no record of permits for any of Mr. Nguyen’s signs. Mr. Nguyen said this property is unique due to the business’s location away from the road. Mr. Nguyen requested to keep his signs. He said the push down sign is displayed near the sidewalk between 10:00 a.m. and 3:00 p.m. Inspector Weaver said Code prohibits those types of temporary signs. The business has six attached walls signs, where only one is permitted. ó Attorney Coln submitted City composite exhibits. Discussion ensued. It was suggested that Mr. Nguyen meet with Planning staff to determine what signage is permitted. motion Member Keyes moved that a violation exists. The was duly seconded and carried unanimously. Mr. Hall said staff is willing to work with Mr. Nguyen. Inspector Weaver said she has received complaints regarding the temporary push down sign. She noted his business is listed on a monument sign. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on January 24, 2007, 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: Code Enforcement – 2007-01-24 3 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident the conditions exist. 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 February 5, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 per day per violation for each day the violation(s) continues to exist; however, the business owner may keep one sign agreeable to City staff for a period of 60 days to allow time to obtain necessary permits for permitted signs. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector MaryJo Weaver, 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. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. motion carried The was duly seconded and unanimously. K. Case 06-07 Withers, Warren Clay & Susan Stanton 739 Eldorado Ave. Short Term Rental (Repeat) – Hall Property owners Clay and Susan Stanton Withers did not admit to the violation. Mr. Hall provided a PowerPoint presentation. Violations at 739 Eldorado Avenue relate to a short-term residential rental property. He reported acknowledgement of the violation was by returned receipt of certified mail. He said the previous property owners had been cited for the same Code violation. On August 7, 2006, he viewed a website advertising weekly rentals for this address. He contacted the current property owners and issued a notice to comply by September 22, 2006. On November 22, 2006, he spoke to weekly renters at the subject property and noted that the website continued to advertise weekly rentals. On January 2, 2007, Code Enforcement – 2007-01-24 4 he contacted the property owners. The website no longer lists the property. The property has been in compliance since November 22, 2006. He recommended the Board issue a declaration of violation. Property owner Warren Clay Withers stated he rented out the house for monthly stays only. He disputed Mr. Hall’s claim that he had spoken to a weekly renter. He said the referenced free website had listed his house without permission. He asked the company to remove the listing. Mr. Withers submitted a document indicating that all guests have stayed free of charge. He said he asks every person that stays at the house to sign a document. He said none of the three families who stayed at this property since November paid rent. Discussion ensued with comments that Mr. Withers had reported that complete strangers had stayed at this property without paying rent and that he had allowed people in a distressed situation to stay. It was noted that Mr. Withers’ affidavit indicated that people staying there had not paid rent. Some questioned whether a violation existed. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on January 24, 2007, 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. CONCLUSIONS OF LAW 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) repeat(s) the violation referenced herein, the Board may order the Respondent(s) to pay a fine of $250.00 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. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. Code Enforcement – 2007-01-24 5 motion The was duly seconded. Members Keyes, Adelson, and Campbell and Chair carried. Williams voted “Aye”; Members Avichouser, Wehner, and Daniels voted “Nay.” Motion L. Case 07-07 O & P Investments of Tampa, Inc. 1225 S. Highland Ave. Exterior Surfaces - Franco Jennifer Deangelo, representative, admitted to the violation. She said the owner requested until March 30, 2007, to bring the property into compliance. Attorney Colón submitted City composite exhibits. City Inspector Franco provided photographs indicating mold, mildew and graffiti on exterior surfaces. Compliance requires the property owner to paint exterior surfaces. Staff recommended compliance by March 30, 2007, or a $250 per day fine be imposed. In response to a question, Ms. Franco said the graffiti is not extensive but has been an issue for some time. She said the property owner previously had maintained the property. Ms. Deangelo said the property is posted with “No Trespassing” signs. It was questioned how graffiti could be taken care of immediately and Mr. Hall indicated this would be addressed. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on January 24, 2007, 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 and agreed upon timeframe for compliance by Respondent’s representative, and testimony and evidence received, it is evident the condition exists. 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 March 30, 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 Peggy Franco, 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 Code Enforcement – 2007-01-24 6 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. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. motioncarried The was duly seconded and unanimously. 1. UNFINISHED BUSINESS A. Case 50-06 - Affidavit of Compliance Matthew S. Alderman 1419 Carlos Ave. Overnight Accommodations - Hall AND B. Case 68-06 - Affidavit of Compliance Jackson Outlaw 2036 Little Neck Rd. Exterior Surfaces, Roof Maint. – O’Neil AND C. Case 37-06 – Affidavit of Non-Compliance Wells Fargo Bank NA C/o Smith, Hiatt & Diaz, PA 811 Druid Rd E Permits/Inspections – Coccia AND D. Case 43-06 – Affidavit of Non-Compliance Charles Allen 321 N. Duncan Ave. Property Maintenance – O’Neil AND E. Case 58-06 – Affidavit of Non-Compliance Yield Development LLC 1749 Drew St. Grass Parking – O’Neil AND F. Cases 59-06, 60-06, 61-06, 62-06, 63-06, 64-06 – Affidavits of Non-Compliance Gulf Direct Development LLC & Drew Street LLC 1355, 1365 & 1375 Drew St. 116 & 117 N Evergreen Ave. Unsafe Notices – Wright AND Code Enforcement – 2007-01-24 7 G. Case 74-06 – Affidavit of Non-Compliance Remzi Dalip 1280 Lakeview Rd #109 Permits/Inspections - Wilson Member Keyes moved to accept the Affidavits of Compliance for Cases 50-06 and 68-06, and the Affidavits of Non-Compliance and issuance of Orders imposing fines for Cases 37-06, motion 43-06, 58-06, 59-06, 60-06, 61-06, 62-06, 63-06, 64-06, and 74-06. The was duly carried seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 21-98 – Request for Fine Reduction Lori Fenolio 1718 Druid Rd $100,300 Ron Fetters, realtor and representative, said foreclosure proceedings have began on the property and hoped the request could go forward at today’s hearing. He indicated he had a contract on the property. motion Member Daniels moved to hear Case 21-98 today. The was duly seconded and carried unanimously. Mr. Fetters reviewed some of the issues Ms. Fenolio has faced. He said she is destitute and has to sell the house. Ms. Fenolio said she was not aware of the lien until recently even though it was filed back in 1998. In response to a question, Ms. Diana said her department’s administrative costs are $500. Mr. Hall indicated his department’s costs are $1,500. He noted the property has other violations. In response to a question, Mr. Fetters said the house is worth $125,000. He said Ms. Fenolio has no money and cannot make the repairs requested by the City. He said the prospective buyer indicated the property would be brought up to Code. Mr. Fetters said Ms. Fenolio would have responded and addressed the violation had she been aware of it. Mr. Hall said potential buyers typically request fine reductions. He indicated although staff had sent courtesy letters, Ms. Fetter never contacted them. The City also mails regular updates regarding a lien’s status. Mr. Fetters said Ms. Fenolio’s boyfriend had thrown out her mail, had stolen her money, and impersonated her when she received phone calls. Discussion ensued with comments that Ms. Fenolio would not profit from this situation, and it would be difficult to sell the property with these types of liens. Member Keyes moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on January 24, 2007, 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, it is evident that a reduction in fine is appropriate in the above-referenced case. Code Enforcement – 2007-01-24 8 . . . It is the Order of this Board that the fine previously imposed in the Order of the Board dated February 5, 1999, as recorded in O.R. Book 10397, Page 982, of the public records of Pinellas County, Florida, is hereby reduced to two thousand dollars ($2000.00) payable to the Petitioner within thirty days from January 24, 2007. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $100,300 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. 4. NUISANCE ABATEMENT LIEN FILINGS Sunset King, LLC 2758 Summerdale Dr Brentwood Estates, Lot B PNU2006-02133 $1,007.50 PNU2006-1582 Frank P Barlow Tre 1145 Lakeview Rd. Lakeview Heights Blk C, Lots 3 and 4 Trust No 801 c/o Reilmann, Lance Tre 801 Howard St Belmont Sub 2nd Add, Blk J, Lots 1 & 2 $433.76 PNU2006-02002 $577.50 Member Keyes moved to accept the nuisance abatement lien filings. The motion was duly seconded and carried unanimously. 5. APPROVAL OF MINUTES - October 25, 2006 & November 29, 2006 Member Avichouser moved to approve the minutes of the regular meetings of October 25, 2006 and November 29, 2006, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Other Ms. Diana said a Code Enforcement Workshop is scheduled for February 23, 2007, in Lakeland, Florida. Board members interested in attending should contact her. 6. ADJOURNMENT The meeting adjourned at 4:43 p.m. ~ ' W~ C air Municipal Code Enforcement Board Attest: ~(~ Secr for the Board Code Enforcement - 2007-01-24 9