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03/25/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 25, 2015 Present: Chair Sue A. Johnson, Vice-Chair Wayne Carothers, Board Member James E. Strickland, Board Member Sheila Cole, Board Member Duane Schultz, Board Member Michael J. Riordon, Board Member Joseph A. Nycz 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 February 25, 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 14-15 USA Fed Natl Mtg Assn. 1222 Grove St. Parking Lot Surfaces - Brown No one was present to represent the Respondent. Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on October 16, 2014, following the first inspection. The violation at 1222 Grove Street relates to parking lot/driveway surfaces. Property photographs on March 13, 2015 showed the parking lot/driveway surfaces had been previously paved but now were deteriorated with dirt, shells, encroaching vegetation, and fluids leaked from parked vehicles. Surfaces lacked permanent paving materials. Since Inspector Brown began working on the violation last June, property ownership turned over twice. She had not spoken to the owner. 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. Code Enforcement 2015-03-25 1 Inspector Brown recommended compliance by April 24, 2015 or a fine of$150 per day be imposed. Assistant City Attorney Matt Smith submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before April 24, 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 March 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: Parking lot/driveway surfaces are deteriorated, dilapidated, and lack required permanent paving materials. 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, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair parking and driveway area then resurface/repave with approved permanent all-weather paving material to comply with said Section(s) of the City of Clearwater Community Development Code by April 24, 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(s) of the Code, the Respondent(s) shall notify Inspector Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Code Enforcement 2015-03-25 2 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 March 2015, at Clearwater, Pinellas County, Florida. 4.2 Case 15-15 Gail Linda Phillips 1432 De Leon St. Hazardous Trees -Anderson No one was present to represent the Respondent. Inspector Matthew Anderson provided a PowerPoint presentation. A notice of violation was issued on February 11, 2015, following the first inspection. The violation at 1432 De Leon Street relates to a hazardous tree with imminent failure potential. Property photographs on February 11, 2015 showed the severely declining water oak tree in the front yard, with severe decay and bug infestation at the base of the trunk, decay at the fork, and significant bark inclusion. In response to a question, Attorney Smith said the violation is on the property, not the owner, which may be an estate. Attorney for the Board Andy Salzman said the City can remove the hazardous tree and lien the property for its costs. 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 Anderson recommended compliance by April 15, 2015 or a fine of$200 per day be imposed. In response to a concern that the tree was a public safety issue, Code Compliance Manager Terry Teunis said a contractor would be hired to remove the tree if Inspector Anderson determines that action is prudent. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before April 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 March 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 2015-03-25 3 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: a severely declining and hazardous water oak tree in the front yard has the potential for imminent failure. 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) 3-1503.13.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall obtain a tree removal permit and remove the hazardous tree to comply with said Section(s) of the City of Clearwater Community Development Code by April 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 violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Matthew Anderson, 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 March 2015, at Clearwater, Pinellas County, Florida. 4.3 Case 16-15 Marilynn Tat 1436 Bentley St. Hazardous Trees -Anderson No one was present to represent the Respondent. Code Enforcement 2015-03-25 4 Inspector Matthew Anderson provided a PowerPoint presentation. A notice of violation was issued on December 26, 2014, following the first inspection. The violation at 1436 Bentley Street relates to a hazardous tree on the rear property line. Property photographs on February 18, 2015 showed the hazardous, structurally defective Cherry Laurel tree with numerous fruiting bodies indicating significant decay in the tree's main trunk and crotches. Inspector Anderson had not spoken with the property owner, who did not live locally. The house was not occupied. 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 Anderson recommended compliance by April 15, 2015 or a fine of$200 per day be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before April 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 March 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: a hazardous Cherry Laurel tree on the east property line is structurally defective. 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) 3-1503.113.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall obtain a tree removal permit and remove the hazardous tree to comply with said Section(s) of the City of Clearwater Community Development Code by April 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 violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Matthew Anderson, 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 Code Enforcement 2015-03-25 5 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 March 2015, at Clearwater, Pinellas County, Florida. 4.4 Case 17-15-Withdrawn TIF-CFL III LLC 1856 Douglas Ave. Hazardous Trees - Crandall Case 17-15 was withdrawn. 4.5 Case 18-15 Jack Swann 1636 Druid Rd. Exterior Surfaces - Fletcher Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on October 3, 2014, following the first inspection. The violation at 1636 Druid Road relates to exterior surfaces. Property photographs on February 4 and 17, 2015 showed rotting wood on the fascia and soffits, mildew and peeling paint on exterior surfaces, and a dryer vent protruding through a window. Property photographs on February 23, 2015 showed non-permitted work underway on the roof. (Staff informed workers re permit requirements.) Property photographs on March 29, 2015 showed paint had been applied over peeling paint and mold which was visible through the new paint, fascia and soffit wood was not repaired/replaced, and concrete above a window was not repaired. The car port ceiling was partially painted. Angel Davila presented a letter from Linda Swann, Jack Swann's widow, authorizing him to appear on her behalf at today's meeting. Mr. Davila admitted to the violation. 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. Code Enforcement 2015-03-25 6 Inspector Fletcher recommended compliance by April 24, 2015 or a fine of$100 per day be imposed. In response to questions, Mr. Davila said he obtained a permit to fix the roof and would have the repairs made. He said the property was occupied. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before May 15, 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 March 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: exterior surfaces have peeling paint and mildew and the fascia and soffit have rotting wood. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove mildew and peeling paint from exterior of house and repaint, remove and replace all rotting wood, remove and replace or repair all fascia and soffit, and repair exterior concrete that has dilapidated to comply with said Section(s) of the City of Clearwater Community Development Code by May 15, 2015. If the Respondent(s) does/do not comply within the time specified, the Board may order a fine of $100.00 per day for each day the 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 Code Enforcement 2015-03-25 7 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 March 2015, at Clearwater, Pinellas County, Florida. 4.6 Case 19-15 608 Ermine Trust Bay Trust Services LLC Tre 608 Ermine St. RV in Area Between the Principal Structure and the Street ROW - Devol Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on November 24, 2014 and February 2, 2015, following the first inspection. The 3 violations at 608 Ermine Street, which backs up to Myrtle Street (US Alternate 19), relate to exterior surfaces, an illegally parked RV, and exterior storage of items not intended for outdoor use. Property photographs on November 24, 2014 showed storage in the backyard of a significant amount of items not intended for outdoor use, such as buckets, trash, building materials, junk, gasoline containers, hoses, doors, etc. Property photographs on December 23, 2014 showed no change to backyard storage violations, badly peeling paint on exterior surfaces, excessive dirt on exterior surfaces where 7 dogs access space under the house, and a RV parked on dirt in the side/rear setback without required screening. The dogs smell and create a bad condition; County Animal Control has visited the property 26 times. Tenant Barry Collins admitted to the violations. Property Owner Gertrude Foster admitted to the violations. 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 Devol recommended compliance by April 30, 3015 or a fine of$100 per day per violation be imposed. Chemical items must be disposed of according to Code. Mr. Collins said he would bring the property into compliance. It was stated the property owner was responsible for compliance and it was suggested she meet with staff. It was suggested that repairs may take longer than staff anticipated. Attorney Smith submitted composite exhibits. Code Enforcement 2015-03-25 8 Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before May 25, 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 March 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: 1) RV parked on concrete slab next to house is not concealed behind a 6-foot high fence, hedge, or wall; 2) exterior storage of trash, debris, and items not intended for outdoor use in the backyard area; and 3) badly peeling paint on exterior surfaces and areas of excessive dirt on exterior surfaces where dogs live and access area beneath house. The Respondent was present. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Community Development Code Sections 3-1407.A.2.d, 3-1407.A.3.d, 3-1502.G.1, 3-1502.G.2, & 3-1502.113, as referred to in the Affidavits in this case. ORDER It is the Order of the Board that the Respondent shall remove all items from the side and back yard areas that are not permitted to be stored outside, properly dispose of all trash, debris, and chemical items in the yard area, install fence for proper storage of the RV in the side setback, and pressure wash and repaint the entire house to comply with said Sections of the City of Clearwater Community Development Code by May 25, 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 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. Code Enforcement 2015-03-25 9 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 March 2015, at Clearwater, Pinellas County, Florida. 4.7 Case 20-15 1429 Laura Street LLC 1330 Parkwood St. Exterior Storage - Devol No one was present to represent the Respondent. Inspector Diane Devol provided a PowerPoint presentation. Following complaints, notices of violation were issued on October 14, 2014 and January 7, 2015, after the first inspection. The violation at 1330 Parkwood Street relates to exterior storage of appliances and items not intended for outdoor use. Property photographs on February 11, 2015 showed outdoor storage of a refrigerator, a large number of washing machines, loose agitators, and miscellaneous items, and in the driveway, a pickup truck with an attached magnetic sign reading "Appliance Repair& Sales," and truck bed piled high with motors and miscellaneous items. Inspector Devol said she spoke with the tenant several times but compliance was never met. Appliance storage is only permitted in commercial zones; this property is residential. She had not spoken with the owner. Neighbor Paul Kovacik said the tenant had requested permission to attach a fence to his rear fence but never obtained a fence permit. He said the tenant stored approximately 200 washing machines in the back yard, some double stacked, and some buckling his 6-foot fence. He said everyday approximately 40 washers and dryers line the driveway while workers deliver and pick up appliances. He said conditions were worsening. He said an Olympian sailor owned the property. In response to a question, Attorney Salzman said the owner was responsible for correcting the violation. The City could take injunctive action. The Police Department would deal with illegally stored refrigerators. 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 Devol recommended compliance by April 20, 2015 or a fine of$100 per day be imposed. It was recommended that the Board impose the highest possible fine. Attorney Smith submitted composite exhibits. Code Enforcement 2015-03-25 10 Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before April 20, 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 March 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: exterior storage of appliances and other miscellaneous items not intended for outdoor use. 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.G.1, 3-1502.G.2, & 3-913, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall properly dispose of all trash and debris and also remove all items in the side and backyard areas that are not permitted to be stored outside to comply with said Section(s) of the City of Clearwater Community Development Code by April 20, 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 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 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 Code Enforcement 2015-03-25 11 286.0105 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 March 2015, at Clearwater, Pinellas County, Florida. 4.8 Case 21-15 Andria Beshir& Ester Mechaiel 1033 Fairwood Ave. Residential Grass Parking - Phillips No one was present to represent the Respondent. Inspector Julie Phillips provided a PowerPoint presentation. Notices of violation were issued on January 8 and February 3, 2015, following the first inspection. The violation at 1033 Fairwood Avenue related to residential grass parking. Property photographs on December 16, 2014 showed 3 vehicles parked on the front lawn. Property photographs on February 3, 2015 showed 2 vehicles parked on the front lawn. Property photographs on March 20, 2015 showed 1 vehicle legally parked on the grass adjacent to the driveway and other vehicles parked in the street. Member Phillips said the violation was corrected prior to this hearing and the property was in compliance. She requested a declaration of violation. Member Carothers moved to find the Respondent(s) was in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case and the violation was corrected. The motion was duly seconded and carried unanimously. Attorney Smith submitted composite exhibits. 4.9 Case 22-15 -Withdrawn Michael K & Sheri M Mays 3039 Oak Hill Rd. Exterior Surfaces - Phillips Case 22-15 was Withdrawn. 4.10 Case 23-15 Bradley Paddock 738 Mandalay Ave. Short Term Rental — Phillips Representative Atiff Abel-kader referenced Property Owner Brad Paddock's email authorizing him to represent the owner's interests re this case and Mr. Paddock's intent to comply with Code and fulfill the few rentals currently reserved, which complied with Code. Representative Abel-kader admitted to the violation. He said Mr. Paddock was unaware of short-term rental restrictions. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on March 31, 2015, following the first inspection. The violation at 738 Mandalay Avenue relates to an illegal short term rental advertised on numerous websites. Prima facie evidence: 1) February Code Enforcement 2015-03-25 12 17, 2015 screenshot of Trip Advisor website offered property, AKA Ocean Breeze Villa, for rent, advertising nightly rates, monthly rentals, and a calendar listing available one-week stay; 2) February 17, 2015 screenshot of Flip Key website offered property for rent, advertising nightly rates, monthly rentals, and a calendar listing available one-week stay; 3) March 3, 2015 screenshot of Flip Key website offered property for rent, advertising nightly rates and a calendar overlap, showing availability for short-term rental; and 4) March 20, 2015 screenshot of Trip Advisor website offered property for rent, advertising nightly rates, monthly rentals, and a calendar overlap, showing availability for short-term rental. A property photograph on March 12, 2015 showed flip flops by the front door. Inspector Phillips said in response to her knock, a young man answered the door, stating his family rented the house March 7 - 15, 2015. The property had a BTR (Business Tax Receipt). Sandra Britton said she lives several doors from the property and it was rented short term, nonstop, for the past 9 months. She said she advised the property owner that short-term rentals were not allowed. She said on October 10, 2015, a man knocked on her door, asking how to make the problem go away. She said the next week a noisy bachelorette party with 19 attendees was held at the property. She said a woman currently is renting the property short term with her parents and child. She said illegal renters bother the entire neighborhood. 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 Phillips recommended compliance by April 6, 2015 or a fine of$250 per day be imposed. Representative Abel-kader said the property owner had no control over web sites and will remove the property from the Internet. He said he knocked on Ms. Britton's door, hoping to fix the problem as a family. He requested more time to comply as the property owner had collected deposits for rentals through early May. In response to a concern that tourists will be upset when their reservations are canceled, Attorney Smith said the Board should not be concerned re consequences of illegal activities. He recommended against extending the compliance date. In response to questions, Ms. Phillips said she had received several complaints from residents re short term rentals. Each website lists its advertising rates for rental properties. To be listed, property owners must contact and provide information to websites re property size, amenities, etc. Websites list different availability dates for this property. Website information can be modified within 24 hours. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before April 6, 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. Code Enforcement 2015-03-25 13 This case came before the City of Clearwater Municipal Code Enforcement Board on March 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. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 1-104.113 & 3-919, 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 April 6, 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 March 2015, at Clearwater, Pinellas County, Florida. Code Enforcement 2015-03-25 14 The Municipal Code Enforcement Board recessed from 2:54 to 3:00 p.m. 4.11 Case 24-15 A Spicola Jr. & Shelia G Spicola 734 Eldorado 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 31, 2015 following the first inspection. The violation at 734 Eldorado Avenue relates to an illegal short term rental advertised on numerous websites. Prima facie evidence: 1) January 31, 2015 screenshot of Home Away website offered property for rent, advertising weekly rate and 14-night minimum and 2) January 31, 2015 screenshot of VRBO website offered property for rent, advertising nightly rate and 10-night minimum. The property had a yearly rental BTR. Ms. Phillips said she spoke with the property owner on February 9, 2015 re necessary corrections to the websites. Additional prima facie evidence showed the Home Away and VRBO websites advertised monthly rate and one-month minimum stays. Website calendars complied with Code. The violation was corrected prior to this hearing and the property was in compliance. She requested a declaration of violation. Member Strickland moved to find the Respondent(s) was 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 Strickland 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 $500.00 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 March 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 Code Enforcement 2015-03-25 15 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 five (5) years of this Order, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation exists, beginning with the date of 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 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 March 2015, at Clearwater, Pinellas County, Florida. 4.12 Case 25-15 Antonio J Pinarreta 910 Lantana Ave. Short Term Rental — Phillips Property owner Antonio Pinarreta admitted to the violation. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on February 2, 2015, following the first inspection. The violation at 910 Lantana Avenue relates to an illegal short term rental advertised on numerous websites. Property photographs on February 5, 2015 showed the front and rear of the property. Prima facie evidence: 1) February 10, 2015 screenshot of Beach Time website offered property for rent, providing comments from previous tenants re 4-day and 7-day stays in 2014, and a calendar overlap, showing availability for short- term rental; 2) February 10, 2015 screenshot of Trip Advisor website offered property for rent, advertising nightly, weekly, and weekend rates , 5-night minimums, and a calendar overlap, showing availability for short-term rentals; 3) March 2, 2015 screenshot of Flip Key website offered property for rent, advertising nightly rates and a calendar overlap, showing availability for short-term rentals; 4) March 2, 2015 screenshot of VRBO website offered property for rent, advertising special deals in May and a calendar overlap, showing availability for short-term rentals; 5) March 20, 2015 screenshot of Flip Key website offered property for rent, advertising nightly rates, monthly minimum, and calendar overlap, showing availability for short-term rentals; and 6) March 20, 2015 screenshot of VRBO website offered property for rent, advertising special deals in May and calendar overlap, showing availability for short-term rentals. The property had a monthly rental BTR. Code Enforcement 2015-03-25 16 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 April 6, 2015 or a fine of$250 per day be imposed. It was requested that staff advise the board when a short-term rental property lacks a BTR. Mr. Pinarreta said when he purchased the property he retained the home' management firm. He said he lives in Canada and has had many guests at the property. He said all taxes have been properly filed. He said he did not know short term rentals were illegal and will comply with Code. He said other websites picked up his rental advertisement without his permission. He said he would resolve website issues. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before April 6, 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 March 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. The Respondent was present. CONCLUSIONS OF LAW The Respondent is in violation of the City of Clearwater Community Development Code Section(s) 1-104.113 & 3-919, 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 April 6, 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. 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 Code Enforcement 2015-03-25 17 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 March 2015, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 24-10 Affidavit of Non-Compliance Charles W. Gruver 415 S. Ft. Harrison Ave. Delinquent Business Tax— McMahan 5.2 Case 18-14 Affidavit of Non-Compliance Jaqueline D. Keating Ralph J. Rem Doudera 2616 Fallsrock Dr. Exterior Surfaces — Phillips 5.3 Case 39-14 Affidavits of Non-Compliance Jeffrey Lynn Harding 108 Kenwood Ave. Exterior Storage/Exterior Surfaces — Fletcher 5.4 Case 40-14 Affidavit of Non-Compliance Marek Pietryniak 407 S Jupiter Ave. Exterior Surfaces — Fletcher 5.5 Case 05-15 Affidavit of Non-Compliance David & Michelle Gourdine 215 S Duncan Ave. Commercial Vehicle in Residential Zoning District— Fletcher Code Enforcement 2015-03-25 18 5.6 Case 08-15 Affidavit of Non-Compliance Ellen and Shane Sutherland 840 Bruce Ave. Short Term Rental — Phillips 5.7 Case 10-15 Affidavit of Non-Compliance Michael and Tatjana Utting 995 Bruce Ave. Short Term Rental — Phillips 5.8 Case 06-14 Affidavit of Compliance Vicki A. Hass &William M. Mitchell 3035 Oak Cove Dr. Ext Storage/Ext Surface - Fletcher 5.9 Case 25-14 Affidavit of Compliance Federal Home Loan Mtg Corp. 2178 Campus Dr. Fences &Walls — Brown 5.10 Case 26-14 Affidavit of Compliance James Enright 1423 Park St. Exterior Storage/Hauling Trailer in ROW— Fletcher 5.11 Case 40-14 Affidavit of Compliance Marek Pietryniak 407 S Jupiter Ave. Windows & Maintenance — Fletcher 5.12 Case 10-15 Affidavit of Compliance Michael and Tatjana Utting 995 Bruce Ave. Short Term Rental — Phillips Member Schultz moved to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 24-10, 18-14, 39-14, 40-14, 05-15, 08-15 and 10-15 and to accept the Affidavits of Compliance for Cases 6-14, 25-14, 26-14, 40-14, and 10-15. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: None. Code Enforcement 2015-03-25 19 7. NUISANCE ABATEMENT LIEN FILINGS: REBECCA FENTON 1051 NOKOMIS ST PNU2014 -01869 03- 29 -15- 59598 - 005 -0580 $477.00 VENTURES TRUST 2013 I NH 612 S HILLCREST AVE PNU2014 -01941 15- 29 -15- 22752 - 002 -0090 $519.00 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: The meeting adjourned at 3:25 p.m. Attest: • A.. AO, : •ard Secre ary of the Chair unicipal Code Enforce r48LISHE Board Code Enforcement 2015 -03 -25 20