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12/17/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER December 17, 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, Matt Smith -Assistant City Attorney, Nicole Sprague, Secretary to the Board, Patricia O. Sullivan - Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES 2.1. Approve the minutes of the November 19, 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 33-14—Continued from 11/19/14 Jasmine Naik Developments LLC 1116 S Ft Harrison Ave. Parking Lot Surfaces — Brown No one was present to represent the owner. Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on July 21, 2014, following the first inspection. Violations at 1116 S Ft Harrison Avenue related to parking lot surfaces and striping. Property photographs on September 18, 2014 showed the busy parking lot lacked marked parking spaces and had broken pavement and surfaces deteriorated to grass and dirt. A property photograph on November 7, 2014 showed the front door of the onsite business, JSA Medical Group. Member Carothers 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. Code Enforcement 2014-12-17 1 Inspector Brown said the City had approved plans for necessary parking lot improvements and will issue the permit once payment is received. She recommended compliance by February 15, 2015 or a fine of$200 per day be imposed. Assistant City Attorney Matt Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before February 15, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$200 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 December 17, 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 parking lot is deteriorated and dilapidated with pot holes and cracked surfaces and it lacks required striping for spaces. 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.K.4, 3-1403.A, & 3-1404.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall resurface and pave the parking lot and mark it with proper striping to comply with said Section(s) of the City of Clearwater Community Development Code by February 15, 2015. If the Respondent(s) does/do not comply within the time specified, the Board may order a fine of$200.00 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 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 Code Enforcement 2014-12-17 2 request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board 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 17th day of December 2014, at Clearwater, Pinellas County, Florida. 4.2 Case 37-14 703 Jones Street LLC 703 Jones St. Door &Window Openings/Exterior Surfaces — Devol Inspector Diane Devol provided a PowerPoint presentation. The Municipal Code Enforcement Board's December 2013 order required the property owner to correct violations at 703 Jones Street by February 14, 2014 or a fine would be imposed. Due to staff turnover, Affidavits of Non- Compliance were not issued. The property was sold on February 21, 2014. The City closed the previous cases and opened new ones in August 2014. Inspector Devol said notices of violations were sent to the current property owners in August. Violations at 703 Jones Street related to exterior surfaces, door and window openings, and window maintenance. Property photographs on November 13, 2013, July 17, September 25, and December 5 and 16, 2014 showed scattered trash and debris, boarded bay doors, and holes, rust, rotting wood, mildew, and mismatched paint on exterior surfaces. The new owners initially pruned the overgrowth, cleaned up debris, and removed boards from some doors. Since then, some doors remained boarded, a building attachment collapsed, and exterior surfaces had mildew, a hole in the rear wall, and mismatched paint covering graffiti. Degraded lights dangled above the rusted dock railings and foot lines. Property owner Jaggers Keene said he purchased the building with a partner and formed a LLC. He said although the previous owner, a large corporation, did not maintain the property for 15 years, he had spent significant money on repairs, closing the sale, contracting an environmental study, clearing underbrush, and removing junk from property near the gasoline station and transient debris from the former onsite homeless camp. He said he was working with the Police Department re transients. He said the building did not have windows. He said soon after boards were removed from the doors, a steel door was bashed in with a sledgehammer, trash and tires were dumped onsite, and the building was marked with graffiti. He said the City's $2,500 water deposit was too high; the building will not be used to wash fruit. He said water was necessary to power wash the exterior before it could be painted. He said he had hired a plumber and electrician to make necessary upgrades and repaired holes in the roof and rear of the building. He said he wanted the building to be green engineered and attract new businesses. He said the property was mowed and cleaned every weekend. He estimated final repairs would cost up to $30,000 and take 9 months to complete. Code Enforcement 2014-12-17 3 Member Cole 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 February 16, 2015 or a fine of$200 per day per violation be imposed. Compliance required removal of all boards covering windows and doors, exterior wall repairs, and cleaning and painting all exterior surfaces. In response to questions, she said she was unaware of the water deposit amount. The property owner's actions had been positive. The City wanted improvement to the building's appearance. Discussion ensued with comments that the property owner had accomplished more in the past few months than the previous owners had done over many years. It was suggested that Code Enforcement staff work with the Utilities Department re the water deposit amount. Concern was expressed re difficulty of repairing a property that was being vandalized. It was recommended the board revisit this Item in 6 months. Attorney Smith submitted composite exhibits. Member Riordon moved to schedule a Status Check for Case 37-14 on June 24, 2015. The motion was duly seconded and carried unanimously. 4.3 Case 38-14 Warren A. Stevens & Stephen J. Steller 601 N Ft. Harrison Ave. Graffiti/Sidewalks & Public ROW/Exterior Surfaces - Devol Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on September 15 and November 3, 2014, following the first inspection. The 3 violations at 601 N Ft. Harrison Ave. related to graffiti, exterior surfaces, and lot clearing. Photographs on October 6, 2014 of the former car wash property showed trash, overgrowth, and yard waste and exterior surfaces in poor condition, with dripping and mismatched paint, rusting metal poles, graffiti, mildew, and rust. Inspector Devol said the property owner had removed mattresses and some of the debris associated with transient activity in the rear of the property. Property owner Stephen Steller said the property was cleaned since the photographs were taken. He said a type of dirt, not mold or mildew, was stuck to the walls. He said the graffiti had been covered. He said the co-owner and he were deciding what to build on the property; ALF (Assisted Living Facility) plans had been withdrawn. He said he could not afford to raze the structures. Member Anuszkiewicz 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 February 2, 2015 or a fine of$200 per day per violation be imposed. Code Enforcement 2014-12-17 4 Attorney for the Board Andy Salzman said former violations that now met compliance were not subject to fines. Concern was expressed that the recommended fine was too high considering the absence of health or safety violations and difficulty of preventing graffiti. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before March 13, 2015. 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 December 17, 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: to graffiti, exterior surfaces, and a lot clearing violation. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1504, 3-1502.K.1, 3-1503.113.10, 3-1503.113.7, & 3-1503.113.8, 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 the entire building including small stand-alone structures in the rear of the property and all metal poles to comply with said Section(s) of the City of Clearwater Community Development Code by March 13, 2015. If the Respondent(s) does/do not comply within the time specified, the Board may order a fine of$100.00 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 Diane Devol, 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 Code Enforcement 2014-12-17 5 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 17th day of December 2014, at Clearwater, Pinellas County, Florida. 4.4 Case 39-14 Jeffrey Lynn Harding 108 Kenwood Ave. Exterior Storage/Exterior Surfaces — Fletcher Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violations were issued on July 17 and November 14, 2014, following the first inspection. The 2 violations at 108 Kenwood Avenue related to exterior storage and exterior surfaces. Property photographs on November 14, 2014, showed fencing leaning on the house, exterior surfaces with peeling paint and mold, debris piled in the bushes and driveway area, and tires piled in the bushes and on the front sidewalk. A portion of a partially removed overhang was attached to the house. Property owner Jeffrey Harding said pressure washing had caused the paint to peel; repainting the house was underway and would be completed by February 12, 2015. He said after he lost his job, he had tried to make money by bringing junk onto the property. He said he returned to college and did side jobs to live and take care of the house. He said he was not bringing any more items onto the property; debris in the rear of the property had been cleared and the tires were removed. He requested 90 days to finish repairs and remove the concrete blocks. Inspector Fletcher said tires remained onsite. Member Carothers 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 Fletcher recommended compliance by February 2, 2015 or a fine of$100 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before February 28, 2015. 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 2014-12-17 6 This case came before the City of Clearwater Municipal Code Enforcement Board on December 17, 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: exterior storage and exterior surfaces. The Respondent was 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 & 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all outdoor storage from the property and remove all visible mildew, peeling and declining paint, repair damaged exterior surfaces to comply with said Section(s) of the City of Clearwater Community Development Code by February 28, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$100.00 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 Vicki Fletcher, 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 17th day of December 2014, at Clearwater, Pinellas County, Florida. Code Enforcement 2014-12-17 7 4.5 Case 40-14 Marek Pietryniak 407 S Jupiter Ave. Exterior Surfaces/Windows & Maintenance— Fletcher Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violations were issued on September 11 and October 30, 2014, following the first inspection. Violations at 407 S Jupiter Avenue related to window maintenance and exterior surfaces. Property photographs showed mildew and peeling paint on the apartment building's exterior surfaces, peeling paint on outside flooring, exterior storage of furniture, building materials, and other debris, and a falling soffit. In the rear, a window was boarded, a continuously open door provided transient access, and plywood covered large exterior holes being used to access plumbing. Ms. Fletcher said she spoke with the property owner on September 11 and October 2, 2014. Through interpreter Wojiech Walczaa, property owner Marek Pietryniak said the property looked different since the photographs were taken. He said some units had tenants. He said repairs were ongoing and the soffit would be fixed today. He said the building's exterior had been painted. He requested 90 days to complete repairs. Inspector Fletcher said plywood still covered the holes in the rear, the porch and pole surfaces still had peeling paint, and outdoor storage remained. She said the rear door had been secured. Member Carothers 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 Fletcher recommended compliance by January 16, 2015 or a fine of$200 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before February 16, 2015. 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 December 17, 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: window maintenance and exterior surfaces. The Respondent was present. CONCLUSIONS OF LAW Code Enforcement 2014-12-17 8 The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.113 & 3-1502.C.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove and replace all broken and/or boarded windows and remove all visible mildew, peeling and declining paint and repaint structure to comply with said Section(s) of the City of Clearwater Community Development Code by February 16, 2015. If the Respondent(s) does/do not comply within the time specified, the Board may order a fine of$100.00 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 Vicki Fletcher, 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 17th day of December 2014, at Clearwater, Pinellas County, Florida. 4.6 Case 41-14 David S. & Sharlene A. Churchill 781 Eldorado Ave. Development Code Violation — Lopez No one was present to represent the owner. Inspector Michael Lopez provided a PowerPoint presentation. A notice of violation was issued on October 13, 2014, following the first inspection. Violations at 781 Eldorado Avenue related to an illegal short-term rental advertised on 2 websites. A property photograph on December 5, Code Enforcement 2014-12-17 9 2014 showed the single family house. Prima facie evidence: October 13, 2014 screenshot of VRBO (Vacation Rentals by Owner) website— property offered for rent for 4-night minimum stay and customer reviews re 4-day stay in May 2014 and 5 and 6-day stays in June 2014; 2) October 31, 2014 screenshot of VRBO website— price removed — property offered for monthly rental; and 3) October 20, 2014 screenshots of Beach Time Rentals website— property offered for weekly rental. Inspector Lopez said two renters verified their rental was less than 30 days. Samuel Hutkin, representing CBA (Clearwater Beach Association), and two other residents spoke in opposition to short-term rentals. 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 Lopez said the property was in compliance and requested a declaration of violation, noting failure to stay in compliance may result in a fine of$500 per day as long as the violation exists. He was in contact with the property owner. Attorney Smith submitted composite exhibits. Member Schultz moved to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist after the Respondent is notified of the repeat violation. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 17, 2014, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Community Development Code Section(s) 1-104.13 & 3-919 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Code Enforcement 2014-12-17 10 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 17th day of December 2014, at Clearwater, Pinellas County, Florida. 4.7 Case 42-14 Floyd V. & Vicki Burton 822 Eldorado Ave. Development Code Violation — Lopez Inspector Michael Lopez provided a PowerPoint presentation. A notice of violation was issued on October 21, 2014, following the first inspection. Violations at 822 Eldorado Avenue related to an illegal short-term rental advertised on a website. A property photograph on December 5, 2014 showed the single family house. Prima facie evidence: October 21, 2014 screenshot of the Beach Time Rentals website— property offered for short-term rental and customer reviews re 7-, 8-, and 14-day stays in March, a 7-day stay in July, and 6-day stays in May, August, and October 2014. The December 10, 2014 screenshot of the Beach Time Rentals website had no pricing structure. Inspector Lopez said he did not speak with any renters at the property. Property owner Floyd Burton admitted to advertising the property for short-term rental but said he did not rent the property for short-terms. He said he rented the property once a month in September, October, November, and December. He said he updated the website when he received the Notice of Violation, sent to his home in California. He said the Code permitted him to rent the house to one renter a month. In response to a comment from the City, he said the house could rent for$2,100 to $2,800 a week but not for$12,000 a month. Attorney Smith said the Code prohibits rentals for less than 30 days. He said rental agreements for 31 days that charge less than market rate are sham contracts. He said renters must pay a full month's rent at market rate. Code Compliance Manager Terry Teunis said renters can stay for less than 30 days if they pay market rate for a 30 day rental. He expressed concern if renters stay less than 30 days, property owners could advertise the properties for rent before the previous 30-day rental period expired. Concern was expressed that the City cannot mandate rental rates for private property. Code Enforcement 2014-12-17 11 Attorney Smith said the City was not looking at the rental amount but if contracts were valid based on market rate. State Statutes prohibits the City from amending its Code re short-term rentals. 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 Lopez said the property was in compliance and requested a declaration of violation, noting failure to stay in compliance may result in a fine of$500 per day as long as the violation exists. Three residents spoke in opposition to short-term rentals. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist after the Respondent is notified of the repeat violation. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 17, 2014, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Community Development Code Section(s) 1-104.13 & 3-919 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the Code Enforcement 2014-12-17 12 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 17th day of December 2014, at Clearwater, Pinellas County, Florida. 4.8 Case 43-14 Florida Beach Rentals LLC 725 Mandalay Ave. Development Code Violation — Lopez No one was present to represent the owner. Inspector Michael Lopez provided a PowerPoint presentation. A notice of violation was issued on November 14, 2014, following the first inspection. Violations at 725 Mandalay Avenue related to an illegal short-term rental advertised on a website. Prima facie evidence: November 20, 2014 screenshot of Flip Key website— property offered for weekly rental. December 8, 2014 screenshot of Flip Key website — property offered for monthly rental. Inspector Lopez said all investigations of short-term rentals begin with citizen complaints. Renters at the property verified their one-week stay. The property is in compliance. 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. Four residents spoke in opposition to short-term rentals. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist after the Respondent is notified of the repeat violation. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 17, 2014, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: Code Enforcement 2014-12-17 13 FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Community Development Code Section(s) 1-1043 & 3-919 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine up to $500.00 for each day the violation exists after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a 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 17th day of December 2014, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 29-10 Affidavit of Compliance Charles W. Gruver 415 S Ft Harrison Avenue Signage without Permits/Abandoned Signs—Weaver 5.2 Case 15-13 Affidavit of Compliance World United Investments LLC 1501 Farrier Trl Exterior Surfaces — Fletcher Code Enforcement 2014-12-17 14 5.3 Case 43-13 Affidavit of Compliance Mark & Leyla Kochan 1413 Laura Street Ext Surfaces/Graffiti —Schaar 5.4 Case 44-13 Affidavit of Compliance Laura LLC 1409 Laura Street Ext Surfaces—Schaar 5.5 Case 30-14 Affidavit of Compliance Jean-Samuel & Sharon L. Brindamour 2200 Morningside Dr. Public Health, Safety or Welfare Nuisance - Brown 5.6 Case 25-14 Affidavit of Non-Compliance Federal Home Loan Mtg Corp. 2178 Campus Dr. Fences &Walls — Brown 5.7 Case 30-14 Affidavit of Non-Compliance Jean-Samuel & Sharon L. Brindamour 2200 Morningside Dr. Fences &Walls — Brown 5.8 Case 31-14 Affidavit of Non-Compliance Madisyn Park LLC 1410 Park St. BTR Required/Delinquent BTR— McMahan Member Schultz moved to accept the Affidavits of Compliance for Cases 29-10, 15-13, 43-13, 44-13, and 30-14 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 25-14, 30-14, and 31-14. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: 6.1 Cases 01-13 & 02-13 Request for Fine Reduction Federal Asset Mgmt LLC 696 Snug Isle Roof Maintenance/Clean Roof/Docks— Lopez No one was present to represent the owner. Consensus was for the Board to take no action. Code Enforcement 2014-12-17 15 6.2 Case 11-14 Request for Fine Reduction 1519 Tioga Ave Land Trust Platinum Group Financial LLC Tre 1519 Tioga Ave. Hazardous Trees —Anderson Through interpreter Richard Persechino, Maria Allen said she had removed the dangerous trees. She said she was scheduled to close on the property next week. Inspector Matt Anderson said the property was in compliance; Ms. Allen had corrected the violations. The City supported reduction of the $54,500 fine to administration costs of$1,127.40. Member Schultz moved to enter an order reducing the fine for Case 11-14 to administration costs of$1,127.40, payable by December 29, 2014 or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on December 17, 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 June 25, 2014, as recorded in O.R. Book 18453, Pages 267-270, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,127.40 payable to the Petitioner by December 29, 2014. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of$54,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 17th day of December 2014, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: LISA M JONES 1742 STARLIGHT DR PNU2014-00175 02-29-15-16010-000-0330 $905.00 LEOTTA, ROSARIA EST 2065 S DRUID CIR PNU2014-00710 13-29-15-23922-000-0020 $421.00 SARAH M GILKERSON 1528 STEVENSON'S DR PNU2014-01109 Code Enforcement 2014-12-17 16 10-29-15-85446-001-0200 $402.00 COLFIN AI-FL 2 LLC 2846 PHEASANT RUN PNU2014-01122 32-28-16-61628-000-0040 $269.25 ARISTOPHANES LLC 1518 MISSOURI AVE PNU2014-01151 22-29-15-13662-003-0070 $617.00 VICTORIA MORTON 1419 UNION ST PNU2014-01161 02-29-15-88182-000-0680 $546.41 CHOW, BIH S EST 201 S SAN REMO AVE PNU2014-01173 14-29-15-10476-004-0150 $429.00 THOMAS J WOJECK FELICIA E WOJECK 1379 TURNER ST PNU2014-01174 15-29-15-22752-002-0110 $269.25 KEVIN DUVALL 1487 CLEVELAND ST PNU2014-01226 14-29-15-38736-004-0050 $269.25 WELLS FARGO BANK 215 S LINCOLN AVE PNU2014-01227 15-29-15-38574-008-0150 $424.00 LEONA ROOTS 513 N GARDEN AVE PNU2014-01330 09-29-15-37422-002-0190 $0.00 BRANCH BANKING & TRUST CO 1127 GROVE ST PNU2014-01339 15-29-15-03060-002-0410 $357.00 JOHN P STAWICKI 529 PHOENIX AVE PNU2014-01350 14-29-15-85950-002-0140 $293.00 GEORGE PAITAKIS GEORGE PAITAKIS 1184 GROVE ST PNU2014-01353 Code Enforcement 2014-12-17 17 15-29-15-03060-004-0370 $364.00 GEORGE PAITAKIS 1184 GROVE ST PNU2014-01354 15-29-15-03060-004-0370 $333.00 JERI L EXNER 603 S DUNCAN AVE PNU2014-01364 14-29-15-08460-000-0330 $220.00 WELLS FARGO BANK N A 956 BAY ESPLANADE PNU2014-01380 32-28-15-13464-256-0130 $419.00 JENNIFER MICKEY 1244 GROVE ST PNU2014-01394 15-29-15-58788-000-0120 $220.00 TRUST NO 1374 1374 E DRUID RD PNU2014-01443 15-29-15-22752-001-0080 $220.00 TRUST NO 1374 1374 E DRUID RD PNU2014-01444 15-29-15-22752-001-0080 $220.00 O'NEILL, BRETT D LIVING TRUST O'NEILL, BRETT D THE 1636 TURNER ST PNU2014-01445 14-29-15-52938-000-0350 $412.00 JAMES MC AFOOSE 114 S SAN REMO AVE PNU2014-01538 14-29-15-47016-003-0090 $269.25 JAMES MC AFOOSE 114 S SAN REMO AVE PNU2014-01539 14-29-15-47016-003-0090 $301.00 CASEY SIMMONS 612 S HILLCREST AVE PNU2014-01546 15-29-15-22752-002-0090 $220.00 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. Code Enforcement 2014-12-17 18 Happy Holiday wishes were exchanged. 8. ADJOURN: The meeting adjourned at 3:45 p.m. Attest: Chair Municipal Code En ement Board Code Enforcement 2014 -12 -17 19