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02/25/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 25, 2015 Present: Chair Sue A. Johnson, Vice-Chair Wayne Carothers, Board Member James E. Strickland, Board Member Sheila Cole, Board Member Michael J. Riordon, Board Member Christopher J. Anuszkiewicz Absent: Board Member Duane Schultz 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. 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 January 28, 2015 Municipal Code Enforcement Board meeting as submitted in written summation. Member Cole 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 05-15 David & Michelle Gourdine 215 S Duncan Ave. Commercial Vehicle in Residential Zoning District— Fletcher Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on December 18, 2014, following the first inspection. The violation at 215 S Duncan Avenue relates to commercial vehicles in a residential neighborhood. Property photographs on December 1, 2014 showed a bus parked on the grass, partially in the front yard. Property photographs on February 15 and 20, 2015 showed two busses parked behind a chain-link fence in the rear yard. A property photograph on February 20, 2015 showed 2 Recreational Vehicles parked in front of the house. Code Enforcement 2015-02-25 1 Respondent David Gourdine said the buses were parked on the property since 2006. He said they would be gone by this weekend. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Fletcher recommended compliance by March 7, 2015 or a fine of$150 per day be imposed. Notices of Violation have been sent re Recreational Vehicles and grass parking. Assistant City Attorney Matt Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before March 7, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$150 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 February 25, 2015, 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: commercial vehicles parked in a Residential Zoning District. The Respondent was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section 3-1407.A.4.a, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all commercial buses from the property to comply with said Section of the City of Clearwater Community Development Code by March 7, 2015. If the Respondent(s) does/do not comply within the time specified, the Board may order a fine of$150.00 per day for each day the violation continues to exist. Upon complying with said Section 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. Code Enforcement 2015-02-25 2 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 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.2 Case 06-15 Everett Dyer II 812 Pine St. Hauling Trailer in ROW/Exterior Surfaces/Exterior Storage— Fletcher Respondent Everett Dyer admitted to the violations. Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on July 24, 2014, following the first inspection. The 3 violations at 812 Pine Street relate to a hauling trailer parked in violation of residential parking restrictions, exterior storage, and exterior surfaces. Property photographs on January 22, 2015 showed mold, mildew, and chipping, peeling, and failing paint on exterior surfaces of the house and garage and the outdoor storage of ladders, buckets, tarps, exercise equipment, pots, a scooter, and indoor furniture. Mr. Dyer said items stored outside had been removed; he previously stored items onsite to sell. He said he used the trailer for work and it usually was not on the property. He discussed his efforts to hand scrape one section of the house at a time before he could paint it. Code Compliance Manager Terry Teunis said the Code prohibited the operation of a commercial business in a residential area. Member Strickland 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 March 27, 2015 or a fine of$100 per violation per day be imposed. She had worked with the Respondent since July. Mr. Dyer requested additional time. Concern was expressed that Mr. Dyer could not hand scrape and paint the house in a month. Code Enforcement 2015-02-25 3 Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations re the Hauling Trailer and Exterior Storage on or before March 27, 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 AND requiring the Respondent to correct the violation re Exterior Surfaces on or before May 26, 2015. 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 February 25, 2015, 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 3 violations exist: hauling trailer in right-of-way where residential parking restrictions apply, exterior storage, and exterior surfaces. The Respondent was present. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Community Development Code Sections 3-1407.A.1.b, 3-1407.A.2.c, 3-1407.A.3.c, 3-1502.113, & 3-1502.G.2, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent shall clear from the yard all outdoor storage and keep the yard clear, and remove the hauling trailer from the property or relocate it onsite as allowed by Code to comply with said Sections of the City of Clearwater Community Development Code by March 27, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$100.00 per day for each day each violation continues to exist. AND It is the Order of the Board that the Respondent shall remove all peeling paint and mold from exterior surfaces and protect exterior surfaces from the elements by paint or other protective covering applied and maintained according to manufacturer's specifications and otherwise treated in a consistent manner to comply with said Section(s) of the City of Clearwater Community Development Code by May 26, 2015. 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. Code Enforcement 2015-02-25 4 Upon complying with the Code re each part of the Order, 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 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.3 Case 07-15 Glen A. Shaw 1615 N. Osceola Ave. Exterior Storage/Sidewalks & ROW— Devol Respondent Glen Shaw admitted to the violations. Douglas Moore said he lived across the street and saw Mr. Shaw working on the violations as he was able. Mr. Moore said he had seen much progress in the last 2 years. Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on September 8, 2014, following the first inspection. The 2 violations at 1615 N. Osceola Ave. relate to exterior storage and lot clearing, unmaintained right-of-way, maintenance of the abutting right-of-way, sidewalks, and public right-of-way. Property photographs on August 29, 2014 showed an overgrown yard and right-of-way, a bush encroaching on the sidewalk in the public right-of-way, and outdoor storage of a ladder, trailer, lumber, bucket, tools, stool, water jugs, gutter, and wheelbarrow. Property photographs on November 9 and 18, 2014 showed the grass had been mowed, the bush and a prickly plant still encroached on the sidewalk, and the outdoor storage appeared unchanged. Property photographs on December 22, 2014 showed the outdoor storage of additional materials, i.e. shelving, plastic buckets, and a wheelchair. Property photographs on February 23, 2015 showed the bush had been trimmed and the outdoor storage may have been moved, but it essentially appeared unchanged. Code Enforcement 2015-02-25 5 Mr. Shaw said he had removed the prickly plant. He said his canoe, which he often used, had been chained to the tree since 1991. He said the neighborhood had parking problems. He said there was no invisible place for him to store his canoe as he did not have a backyard. Inspector Devol said Mr. Shaw could obtain a permit and install a fence for the side area and store his canoe there. 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 Devol recommended compliance by March 31, 2015 or a fine of$100 per day per violation be imposed. The 5-gallon paint drum containers required proper disposal and plants and grass on the property and in the right-of-way had to be maintained. Attorney Smith submitted composite exhibits. Member Anuszkiewicz moved to enter an order requiring the Respondent to correct the violation on or before March 31, 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 February 25, 2015, 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 and lot clearing, unmaintained right-of-way, maintenance of abutting right-of-way and sidewalks. The Respondent was present. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Community Development Code Sections 3-1502.G.1, 3-1052.G.2, 3-1502.K.1, 3-1053.113.10, 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 shall remove all items in the side and front yard areas that are not permitted to be stored outside, including the proper disposal of all trash, debris, and chemical items (paint) and shall provide regular lawn maintenance to include cutting the grass and trimming and edging the grass, shrubs, and other plants on the City right-of-way to comply with said Sections of the City of Clearwater Community Development Code by March 31, 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. Code Enforcement 2015-02-25 6 Upon complying with said Sections of the Code, the Respondent shall notify Inspector Diane Devol, 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 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.4 Case 08-15 Ellen & Shane Sutherland 840 Bruce Ave. Short Term Rental — Phillips Attorney Luke Markham, representing the Respondents, denied the violation. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on January 6, 2015, following the first inspection. The violation at 840 Bruce Avenue related to an illegal short-term rental advertised on numerous websites. A property photograph on February 12, 2015 showed the front door of the single family house. Prima facie evidence: 1) December 1, 2014/February 12, 2015 screenshots of Vacation Rentals website offered subject property for rent, advertising weekly rates and a 2-week availability; 2) January 30/February 20 and 23, 2015 screenshots of Open Vacation Weeks website offered subject property for rent, advertising weekly and daily rates through June 2015; 3) January 30/February 12, 2015 screenshots of VRBO (Vacation Rentals by Owner) website offered subject property for rent, advertising weekly rates, availability beginning April 1, 2015; and 4) screenshots of Vacation Rentals, VRBO, and Open Vacation Weeks websites showed websites' rates for advertising rental properties. In response to questions, Inspector Phillips said the City responds to complaints re short-term rentals. This property does not have a BTR (Business Tax Receipt). Attorney Smith reviewed the Code re minimum stays for leases. Code Enforcement 2015-02-25 7 Attorney Markham said the property owners wanted to comply with Code and did not want to rent for less than 30 days. He said websites list daily and weekly rates separately to show varying rates associated with seasons and holidays and do not indicate the property could be rented for less than 30 days. He said the owners' first rental contract was in September for 30 days; the refrigerator broke, the owners refunded the money, and the property stood vacant for the remainder of the month. He said some rentals spanned two calendar months but bookings for less than 30 days were not allowed. Sandra Burton said around Christmas, a tenant at the subject property said they had responded to a listing on the web and were renting the property for 2 weeks. Molly Lee spoke in support of short-term rental restrictions, expressing concern the north beach neighborhood was being turned into a motel zone. Concern was expressed that property owners in this residential neighborhood are trying to skirt the law and rent properties for less than 30 days. Member Strickland moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Phillips recommended compliance by March 7, 2015 or a fine of$250 per day be imposed. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before March 13, 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 February 25, 2015, 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: illegal short-term rental advertised on the web. 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 Sections 3-919 & 1-104.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2015-02-25 8 It is the Order of the Board that the Respondent(s) shall remove from all websites all daily and weekly rates re this property and adjust all websites re this property to acknowledge the 31-day rental requirement or one calendar month, whichever is less, 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$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 Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.5 Case 09-15 Roland R. Brown 29 Acacia St. Short Term Rental — Phillips Realtor John Elliot, representing the Respondent, said the property had been listed for sale. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on January 7, 2015, following the first inspection. The violation at 29 Acacia Street relates to an illegal short-term rental advertised on the web. A property photograph on January 7, 2015 showed the house's address and a vehicle with Oregon plates and a Recreational Vehicle parked in the driveway of the single family house. Prima facie evidence: 1) 28-day BeachHouse.com rental contract for subject property for January 3 to January 31, 2015; 2) January 29, 2015 screenshot of Beach House website with comments from previous tenants re 4-day stay in August 2014 and 5-day stay in November 2014; 3) January 29, 2015 screenshot of Beach House website advertised monthly rentals; and 4) January 29, February 12, and Code Enforcement 2015-02-25 9 February 20, 2015 screenshots of Beach House website offered property for rent from February 15 to 22, 2015. Ms. Britton said last Saturday a tenant said they were renting the subject property for 2 weeks. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Phillips recommended compliance by March 7, 2015 or a fine of$250 per day be imposed. The property did not have a BTR. Concern was expressed that short-term rental properties could go in and out of compliance. Attorney Smith said the City was required to present credible evidence for each day violations were repeated. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before March 13, 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 February 25, 2015, 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: an illegal short-term rental advertised on the web. A representative of the Respondent was present. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Community Development Code Sections 3-919 & 1-104.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent shall remove from all websites all daily and weekly rates re this property and adjust all websites re this property to acknowledge the 31-day rental requirement or one calendar month, whichever is less, to comply with said Section(s) of the City of Clearwater Community Development Code by March 13, 2015. If the Respondent does 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. Code Enforcement 2015-02-25 10 Upon complying with said Section(s) of the Code, the Respondent shall notify Inspector Julie Phillips, 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 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.6 Case 10-15 Michael & Tatjana Utting 995 Bruce Ave. Short Term Rental — Phillips No one was present to represent the Respondent. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on January 13, 2015, following the first inspection; the City responded to an anonymous complaint. The violation at 995 Bruce Avenue relates to an illegal short-term rental advertised on the web. Property photographs on January 28, 2015 showed the single family house, advertised as "The Lilies," and an Infiniti SUV with out of state tags in the driveway. Inspector Phillips said on January 28, 2015, the woman who answered her knock at the subject property said the property had never been rented short-term. The property has a BTR. Prima facie evidence: 1) Screenshot of Home Away website offered subject property for rent, advertising weekly rates; 2) Screenshot of 1 st page of results for Google query re "The Lilies" on Clearwater Beach included listings for the subject property on VRBO, HomeAway, FlipKey, TripAdvisor, and Clearwater Beach Vacations; 3) Screenshots of FlipKey and TripAdvisor websites offered subject property for rent, advertising nightly rates; 4) January 20, 2015 screenshot of Home Away website offered subject property for rent, advertising a weekly rate; 5) January 20, 2015 screenshot of Trip Advisor website offered subject property for rent, advertising a daily rate; 6) January 20, 2015 screenshot of Flip Key website offered subject property for rent, advertising daily and weekly rates, noting a minimum stay of 7 days and no Code Enforcement 2015-02-25 11 availability through March; 7) February 12, 2015 screenshots of VRBO and Home Away websites offered subject property for rent, advertising weekly rates; 8) February 12, 2015 screenshots of Flip Key and Trip Advisor websites offered subject property for rent, advertising daily rates; 9) February 20, 2015 screenshots of Flip Key and Trip Advisor offered subject property for rent, advertising daily rates; 10) February 20, 2015 screenshots of VRBO website offered subject property for rent, advertising weekly rates and including comments from previous tenants re 1-week stay in May 2014, 2-week stay in July 2014, and 1-week stay in August 2014; 11) February 20, 2015 screenshot of Clearwater Beach Vacations website offered subject property for rent, advertising daily rates with 7 night minimum and availability through Christmas 2016; and 12) screenshots of FlipKey, VRBO, and Home Away websites showed websites' rates for advertising rental properties In response to a question, Inspector Phillips did not know how tenants obtained access to the property. Concern was expressed that Clearwater was unable to penalize websites that have been informed re City's minimum stay requirements but continue to advertise illegal rentals. It was stated that short-term rentals have occurred on the beach for many years and some owners considered fines lower than nightly rates as a business expense. Member Strickland moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Phillips recommended compliance by March 7, 2015 or a fine of$250 per day be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before March 13, 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 February 25, 2015, 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: an illegal short-term rental advertised on the web. 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 Sections 3-919 & 1-104.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2015-02-25 12 It is the Order of the Board that the Respondent(s) shall remove from all websites all daily and weekly rates re this property and adjust all websites re this property to acknowledge the 31-day rental requirement or one calendar month, whichever is less, 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$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 Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.7 Case 11-15 Robert& Shelly Blatz 838 Bruce Ave. Short Term Rental — Lopez No one was present to represent the Respondent. Inspector Michael Lopez provided a PowerPoint presentation. A notice of violation was issued on September 17, 2014, following the first inspection. The violation at 838 Bruce Avenue related to an illegal short-term rental advertised on the web. Property photographs on November 4 and December 29, 2014 showed the single family house. Prima facie evidence: 1) October 28, 2014 screenshot of VRBO website offered subject property for rent, advertising monthly rate of $10,000; 2)Vacation Rental Contract reserved property from October 25 to November 1, 2014 for $4,735; and 3) February 25, 2015 screenshot of VRBO website offered property for rent, advertising monthly rate of$10,000. Code Enforcement 2015-02-25 13 Inspector Lopez said the violation was corrected and requested a Declaration of Violation. He said the property owner was present earlier but elected not to stay. 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. Attorney Smith submitted composite exhibits. Member Riordon 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on February 25, 2015, 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 within 5 years, the Board may order the Respondent(s) to pay a fine up to $500.00 for each day the repeat violation continues, beginning with the date of the issuance of the notice of violation. 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 Code Enforcement 2015-02-25 14 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.8 Case 12-15 Janet Bombard & Michael Trapuzzano 964 Mandalay Ave. Short Term Rental — Lopez No one was present to represent the Respondent. Inspector Michael Lopez provided a PowerPoint presentation. Notices of violation were issued on November 14, 2014 and January 22, 2015, following the first inspection. The violation at 964 Mandalay Avenue relates to an illegal short-term rental advertised on the web. He did not speak with the property's owner. Property photographs on January 22 and February 12, 2015 showed the single family house. Prima facie evidence: 1) January 20, 2015 screenshot of VRBO website offered subject property for rent, advertising weekly rates; 2) Screenshot of Flip Key website offered subject property for rent, advertising weekly rates; 3) January 30, 2015 screenshot of Home Away website offered subject property for rent, advertising weekly rates through early summer; and 4) January 30, 2015 screenshots of Florida Beach Rentals and Vacation Rentals websites offered subject property for rent, advertising weekly rates. Anne Garris said she appreciated the board's actions to retain the quality of life for north beach residents. Ms. Britton said short-term rentals began at the subject property in November; tenants have stayed for 10 days and for 2 weeks. She said the house attracted so many guests that vehicles blocked the sidewalk and parked all over the neighborhood. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Lopez recommended compliance by March 7, 2015 or a fine of$250 per day be imposed. The property owner was required to cancel all contracts for future short-term rentals. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before March 12, 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 February 25, 2015, 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 2015-02-25 15 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: an illegal short-term rental advertised on the web. 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 Sections 3-919 & 1-104.13, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove from all websites all daily and weekly rates re this property and adjust all websites re this property to acknowledge the 31-day rental requirement or one calendar month, whichever is less, to comply with said Section(s) of the City of Clearwater Community Development Code by March 12, 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 Section(s) of the Code, the Respondent(s) shall notify Inspector Michael Lopez, 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 25th day of February 2015, at Clearwater, Pinellas County, Florida. 4.9 Case 13-15— REPEAT VIOLATION Florida Beach Rentals LLC 725 Mandalay Ave. Short Term Rental - Lopez Code Enforcement 2015-02-25 16 Respondent representative Paul VonFeldt said he did not know why he was charged with a repeat violation. He said he had corrected the previous violation by modifying the leases to require monthly minimums, including leases issued for January and February 2015. He said the websites' advertisements for the subject property state the 1-month minimum stay in the titles. He said it was difficult to get websites to remove weekly night rates but he had worked diligently to do so and would cancel website advertisements if corrections are not made. He said websites included weekly and daily rates so that people could compare costs. He said he rented the subject property for 1-month minimums and tried to not have leases straddle calendar months. Ms. Britton said she lives across the street, and the subject property had short-term rentals every week last summer. Inspector Michael Lopez provided a PowerPoint presentation on the Repeat Violation. On December 17, 2014, the MCEB (Municipal Code Enforcement Board) issued a Declaration of Violation. In response to a complaint, Inspector Lopez visited the subject property on December 23, 2014 and the tenant, from Indiana, said they had rented the home December 22 to 27, 2014. On December 24, 2014, an Affidavit of Repeat Violation and Request for Hearing was sent to the property owner via certified mail. Inspector Julie Phillips said she received a complaint on January 12, 2015 and visited the property where a tenant stated they had rented the house January 10 to 17, 2015. Property photographs on January 12, 2015 showed 2 vehicles with Iowa tags parked in the driveway. On January 23, 2015, Inspector Phillips received a complaint and visited the property where tenants stated they had rented the house online as a weekly rental from January 17 to 24, 2015. Property photographs on January 22, 2015 showed 2 vehicles with Minnesota tags parked in the driveway. She said on February 21, 2015, the website offered the property for rent, advertising monthly rates but also listing availability for 2 weeks in April and 1 week in July. Concern was expressed the property owner had collected deposits for future short-term renters. Attorney Smith said the City would monitor the property. In response to a question, Inspector Lopez said the violation starts and stops. He did not know if the property currently was in violation. Mr. VonFeldt said the tenant in January had signed a lease for December 27, 2014 to January 31, 2015 and split the time with family and friends. He said the families paid him as a group. Attorney Smith reviewed Code language, noting that subletting was not permitted. Member Carothers moved to find the Respondent(s) was/is in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Lopez recommended a fine of$500 per day be imposed for each day the violation occurred, payable in 15 days. Attorney Smith submitted composite exhibits. Code Enforcement 2015-02-25 17 Mr. VonFeldt said he had rented the property short-term to a family over Christmas because he did not want to put them on the street. He said he did not know people would come and go during the January lease. He questioned how he could control tenant activities and stop non tenants from staying at the house. Attorney Smith said one January tenant told staff they had a 2-week lease. Property tenants in January were from different states. He suggested Mr. VonFeldt discuss legal concerns with his personal attorney. The property was in violation for 17 days, i.e. December 24 to 27, 2014, January 10 to 17, 2015, and January 18 to 24, 2015. Ms. Britton thanked the board for enforcing the Code. Member Strickland moved to enter an order that a fine of$8,500 be imposed for the time the violation existed, payable by March 12, 2015. If the Respondent repeats the violation, the Board may order a fine up to $500 per day for each day the violation exists. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on February 25, 2015, 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 the house was rented for short-terms in violation of the City of Clearwater Community Development Code. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 1-104.113 & 3-919 as referred in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on December 17, 2014, and therefore, committed a repeat violation. ORDER In accordance with the Board's Order dated February 25, 2015, it is the Order of this Board that the Respondent(s) pay a fine of$8,500.00 ($500.00 daily fine) for the time period from December 24 to 27, 2014, January 10 to 17, 2015, and January 18 to 24, 2015, when the repeat violations occurred, to be paid by March 12, 2015. The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board may order the Respondent(s) to pay a fine up to $500.00 for each day the repeat violation continues, beginning with the date of the issuance of the notice of violation. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the Florida Statutes. Code Enforcement 2015-02-25 18 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 25th day of February 2015, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 02-14 Affidavit of Compliance Larry & Gladys Hilkert 2250 Nursery Rd. Commercial Vehicle in Residential Zoning District— Espinosa 5.2 Case 30-14 Affidavit of Compliance Jean-Samuel & Sharon L. Brindamour 2200 Morningside Dr. Fences &Walls - Brown 5.3 Case 33-14 Affidavit of Compliance Jasmine Naik Developments LLC 1116 S Ft Harrison Ave. Parking Lot Surfaces — Brown 5.4 Case 01-14 Affidavit of Non-Compliance Larry & Gladys Hilkert 2250 Nursery Rd. Development Code Violation— Espinosa 5.5 Case 02-14 Affidavit of Non-Compliance Larry & Gladys Hilkert 2250 Nursery Rd. Inoperative Vehicle— Espinosa Member Riordon moved to accept the Affidavits of Compliance for Cases 02-14, 30-14, and 33- 14 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 0 1-14 and 02-14. The motion was duly seconded and carried unanimously. Code Enforcement 2015-02-25 19 The MCEB recessed from 3:41 to 3:46 p.m. 6. NEW BUSINESS: 6.1 Case 30-14— Request for Lien Reduction Jean-Samuel & Sharon L. Brindamour 2200 Morningside Dr. Fences &Walls - Brown Realtor Jan Lafferty said in late November her firm received paperwork re foreclosure of the subject property and began receiving notifications of violation at the property in early December. She said repairs were made. Inspector Shelby Brown said the property was in compliance. The lien is $10,300; administration costs total $1,447.20. Member Carothers moved to enter an order reducing the lien for Case 30-14 to administration costs of$1,447.20, payable within 30 days 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 February 25, 2015, 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 December 17, 2014, as recorded in O.R. Book 18640, Pages 595-598, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,447.20 payable to the Petitioner by March 27, 2015. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of$10,300.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of February 2015, at Clearwater, Pinellas County, Florida. Code Enforcement 2015-02-25 20 7. NUISANCE ABATEMENT LIEN FILINGS: BANK OF NEW YORK MELLON 2557 MULBERRY DR PNU2014-01570 19-28-16-18636-000-0230 $269.25 FREDDIE DANIELS DOROTHY A DANIELS 1610 KINGS HIGHWAY PNU2014-01583 10-29-15-69066-001-0080 $269.25 JONES, HENRY EST 798 JURGENS ST PNU2014-01668 10-29-15-00000-230-0400 $269.25 MC MANUS, PAULA HALL TRUST MC MANUS, PAULA HALL THE 3233 BEAVER DR PNU2014-01695 19-28-16-18642-000-0180 $269.25 NATIONSTAR MTG LLC 1672 GROVE ST PNU2014-01717 14-29-15-46566-002-0120 $269.25 NORMAN KEARSE 1240 CAROL DR PNU2014-01750 10-29-15-85446-002-0110 $269.25 TERENCE JOHN MC CLURG 1585 JEFFORDS ST PNU2014-01760 23-29-15-30366-000-0760 $433.90 JEROME C CONLEY 1811 BELLEMEADE DR PNU2014-01787 02-29-15-98964-000-0500 $337.00 JAMES W STRATTON 1525 ROSEMERE RD PNU2014-01807 11-29-15-31194-000-1020 $449.32 JAMES W STRATTON 1531 ROSEMERE RD PNU2014-01808 11-29-15-31194-000-1030 $449.32 Code Enforcement 2015-02-25 21 30 DAYS REAL ESTATE CORP THE 404 PUMPKIN TRUST 1404 TAFT AVE PNU2014-01811 10-29-15-51948-002-0060 $269.25 TARPON IV LLC 801 HOWARD ST PNU2014-01826 22-29-15-07938-010-0010 $425.02 OCWEN LOAN SERVICING LLC 1549 LEVERN ST PNU2014-01830 11-29-15-10080-004-0050 $495.00 ELLA H B INVESTMENTS INC 800 ENGMAN ST PNU2014-01841 10-29-15-43596-001-0010 $362.00 ELLA H B INVESTMENTS INC 802 ENGMAN ST PNU2014-01842 10-29-15-43596-001-0010 $362.00 NANCY R WALLER 1014 LASALLE ST PNU2014-01882 10-29-15-65718-004-0100 $362.00 CHOW, BIH S EST 201 S SAN REMO AVE PNU2014-01914 14-29-15-10476-004-0150 $429.00 BETHEL CHRISTIAN CENTER CHURCH INC 1006 GRANT ST PNU2014-01920 10-29-15-61758-002-0080 $367.40 30 DAYS REAL ESTATE CORP THE 509 MARILYN TRUST 1140 PALM BLUFF ST PNU2014-01949 10-29-15-33552-006-0520 $354.16 BLANCA RITA SCHEELE 1325 SANDY LN PNU2014-01978 03-29-15-08388-004-0120 $647.00 Code Enforcement 2015-02-25 22 Member Riordon moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: The meeting adjourned at 3:53 p.m. Attest: -�1 1.1. Chair Municipal Code EnforIment Board Secretary of the =oard BUSHED Code Enforcement 2015 -02 -25 23