Loading...
05/27/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 27, 2015 Present: Vice Chair Wayne Carothers, Board Member James E. Strickland, Board Member Sheila Cole, Board Member Michael J. Riordon, Board Member Joseph A. Nycz Absent: Chair Sue A. Johnson, 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 Vice 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 Vice 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 April 22, 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: Steve Curtis opposed short term rentals on North Clearwater Beach. Christine Elizabeth Timmons said she had health problems, her neighbor harassed her, often calling the City re items she had to store outside due to a sinkhole, and others stole from her. She said the City took $35,000 worth of her items and killed her grapefruit tree. 4. PUBLIC HEARINGS 4.1 Case 33-15 USA Fed Natl Mtg Assn 2141 Campus Dr. Public Nuisance Condition (Pool & Lot Clearing) - Brown No one was present to represent the Respondent. Code Enforcement 2015-05-27 1 Inspector Shelby Brown provided a PowerPoint presentation. Notices of violation were issued on March 20, 2015 following the first inspection. The 2 violations at 2141 Campus Drive related to a Public Health/Safety Nuisance re a blighted unmaintained swimming pool, and a lot clearing violation re large-scale accumulation of brush and dead vegetation. Property photographs on April 14, 2015 showed the swimming pool was unsecured behind an unlocked, open gate and the bottom of the pool was not visible through the dark, opaque water. Also a significant amount of cut brush and dead vegetation was strewn across the back yard, with some collapsing into the swimming pool. Subsequently, the back yard gate was closed. 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 Brown recommended compliance by June 11, 2015 or a fine of$100 per day per violation be imposed. The property preservation company now posted on the property advised her the property soon would be brought into compliance. Assistant City Attorney Matt Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before June 11, 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 May 27, 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 2 violations exist: The blighted swimming pool is a public health/safety nuisance and a large-scale accumulation of brush and dead vegetation is in the back yard. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1503.113.1, 3-1503.113.5, & 3-1503.113.7, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall thoroughly service the swimming pool and maintain it thereafter or drain the swimming pool, and clear all dead brush, vegetation, debris, and undergrowth and maintain the yard thereafter to comply with said Section(s) of the Code by the deadline, June 11, 2015, and the daily fine is $100.00 per day per violation for each and every day each violation continues past the date set for compliance. Code Enforcement 2015-05-27 2 Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 27th day of May 2015, at Clearwater, Pinellas County, Florida. 4.2 Case 34-15 Manuel & Evangeline Kastrenakes Tre 2576 Harn Blvd. Parking Lot Surfaces — Espinosa No one was present to represent the Respondent. Inspector Nilda Espinosa provided a PowerPoint presentation. A notice of violation was issued on April 8, 2015, following the first inspection. The 2 violations at 2576 Harn Boulevard related to parking lot surfaces and grass parking. Property photographs on April 7, 2015 showed numerous vehicles parked on grass (dirt) surfaces in the empty lot. A property photograph on April 14, 2015 showed one white van parked in the empty lot. While the lot was empty today, the problem was ongoing. New Wave Auto Sales owned the corner vehicle sales lot and two rear lots it used for outflow parking. Two years ago, the owners told Inspector Espinosa they would obtain a permit and install a parking lot on the empty lot; that did not occur. After the lot was vacant for 4 to 5 months, the business began to park vehicles on the lot again. 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 Espinosa recommended compliance by June 26, 2015 or a fine of$250 per day per violation be imposed. Attorney Smith submitted composite exhibits. Code Enforcement 2015-05-27 3 Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before June 26, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$250 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 May 27, 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 2 violations exist: parking lot surfaces and grass parking. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1403.A & 3-1403.113.1, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall not park vehicles on the vacant rear lot until it is paved and shall begin the process to construct a parking lot on the vacant rear lot by applying for a parking lot permit to comply with said Section(s) of the Code by the deadline, June 26, 2015, and the daily fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Nilda Espinosa, 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 2015-05-27 4 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 27th day of May 2015, at Clearwater, Pinellas County, Florida. 4.3 Case 35-15 Helen & Robert Gorges 529 S Crest Ave. Exterior Surfaces — Fletcher No one was present to represent the Respondent. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on March 10, 2015, following the first inspection. The 1 violation at 529 S. Crest Avenue related to exterior surfaces. Property photographs on May 15, 2015 showed declining exterior surfaces with mildew, mold, algae, rotting wood, and declining paint on the house's exterior. The house is owner occupied. 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 June 11, 2015 or a fine of$150 per day be imposed. It was felt the homeowner should be provided additional time. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before June 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 May 27, 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. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2015-05-27 5 It is the Order of the Board that the Respondent(s) shall remove all peeling and declining paint and repaint the structure to comply with said Section(s) of the Code by the deadline, June 26, 2015, and the daily fine is $100.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 27th day of May 2015, at Clearwater, Pinellas County, Florida. 4.4 Case 36-15 N & M Investment Property LLC 809 Turner St. Exterior Storage/Exterior Surfaces — Fletcher No one was present to represent the Respondent. Inspector Vicki Fletcher provided a PowerPoint presentation. The notices of violation were issued on April 6, 2015, following the first inspection. The 2 violations at 809 Turner Street related to exterior storage and exterior surfaces. Property photographs on May 15, 2015 showed exterior surfaces of both 2-story rental units had rotting soffit, declining paint, black mold, and several exterior walls were deteriorating due to rotting wood, plus exterior storage of tires, ladders, wood, buckets, and roofing materials. The units were occupied. The City was unable to contact the property owners; all certified mail to the owner's address listed on the Property Appraiser's website was returned unclaimed. Member Cole moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Code Enforcement 2015-05-27 6 Inspector Fletcher recommended compliance by June 26, 2015 or a fine of$150 per day per violation be imposed. Concern was expressed that children could be exposed to the peeling paint. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before June 26, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$150 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 May 27, 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 2 violations exist: exterior storage and exterior surfaces. The Respondent(s)was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1502.G.2 & 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall clear from the exterior all items, materials, etc. not designed for outdoor use, and keep clear, remove all peeling and declining paint and repaint the structures, and remove, replace, or repair all rotting wood to comply with said Section(s) of the Code by the deadline, June 26, 2015, and the daily fine is $150 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Code Enforcement 2015-05-27 7 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 27th day of May 2015, at Clearwater, Pinellas County, Florida. 4.5 Case 37-15 Stephen Naley 229 Waverly Way Residential Grass Parking — Fletcher Property owner Stephen Naley admitted to the violation. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on March 25, 2015, following the first inspection. The 1 violation at 229 Waverly Way related to residential grass parking. A property photograph on March 24, 2015 showed a hauling trailer, and boat parked on the grass in the side yard. She explained the Code to the resident, who said he was the property owner. A property photograph on April 16, 2015 showed a fence being installed on the property without a permit and the hauling trailer and boat parked on the grass in the side yard. A Stop Work order was issued. A property photograph on April 21, 2015 showed the fence was dismantled and the hauling trailer and boat parked on the grass in the side yard. Property photographs on April 27, 2015 showed the fence was dismantled and the hauling trailer, boat, and a tarp covered vehicle parked on the grass in the side yard, plus another vehicle parked on the grass in the front yard. She said on May 22, 2015, the vehicles were still parked on the grass. Mr. Naley said he had the wrong person taking care of the property. He said the fence, trailer and boat had been removed from the property and he had spoken to the tenants, providing them written instruction re parking requirements. 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 June 6, 2015 or a fine of$100 per day be imposed. Attorney Smith submitted composite exhibits. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before June 6, 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 May 27, 2015, after due notice to the Respondent(s), and having heard testimony under oath and Code Enforcement 2015-05-27 8 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: residential grass parking and an improperly stored hauling trailer. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1407.A.3.c, 3-1407.A.5, & 3-1407.A.7, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall relocate the hauling trailer as allowed per ordinance or remove it from the property and park only one vehicle on the grass, parallel and adjacent to the driveway, to comply with said Section(s) of the Code by the deadline, June 6, 2015, and the daily fine is $100.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 27th day of May 2015, at Clearwater, Pinellas County, Florida. Code Enforcement 2015-05-27 9 4.6 Case 38-15—Continue to July 22, 2015 Josephine Padden Tre 51 Verbena St. Landscape Maintenance/Lot Clearing — Phillips Case 28-15 was continued automatically to July 22, 2015. 4.7 Case 39-15—Continue to July 22, 2015 David & Aileen Bair 1 Windward Is Lot Clearing/Public Nuisance Condition/Exterior Storage— Phillips Case 39-15 was continued automatically to July 22, 2015. 4.8 Case 40-15 Kevin & Lana Phillips 1010 Eldorado Ave. Short Term Rental — Phillips Attorney Luke Markham, representing the property owners, denied the violation. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on March 27, 2015, following the first inspection. The 1 violation at 1010 Eldorado Avenue relates to an illegal short-term rental. A property photograph on May 15, 2015 showed the front of the house. Prima facie evidence: 1) March 12, 2015 screenshot of Homeaway website offered property for rent, advertising weekly rates, a minimum 14-night stay, and a calendar overlap showing availability for short-term rentals; 2) screenshot of VRBO (Vacation Rentals by Owner) website offered property for rent, advertising weekly rates through 2015, and a minimum 14- night stay; 3) screenshot of VRBO website provided advertising rates for property owners to list their properties for rent on the website; 4)April 7, 2015 screenshot of Homeaway website offered property for rent, advertising weekly rates, and a calendar overlap showing availability for short-term rentals; and 5) May 26, 2015 screenshot of Homeaway website indicated the listing no longer existed. Inspector Phillips said she had worked with the homeowners as they tried to modify website advertising to meet Code and eventually removed the rental advertisement from the web. Attorney Markham said the homeowners had made every effort to be in compliance and will remain in compliance. Inspector Phillips said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Riordon moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case and 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. Code Enforcement 2015-05-27 10 This case came before the City of Clearwater Municipal Code Enforcement Board on May 27, 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. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of 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 this Board that no fine will be imposed against the Respondent(s). The Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues, beginning with the date the notice of violation is issued. 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 27th day of May 2015, at Clearwater, Pinellas County, Florida. 4.9 Case 41-15 Halina Kelemen 713 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 March 10, 2015, following the first inspection. The 1 violation at 713 Bruce Avenue related to an Code Enforcement 2015-05-27 11 illegal short-term rental. Property photographs on March 10, 2015 showed the front of the house and a vehicle with Michigan plates parked in the driveway. Prima facie evidence: 1) March 10, 2015 screenshot of VRBO website offered property for rent, advertising weekly rates, a minimum 14-night stay, and a calendar overlap showing availability for short-term rentals; 2) screenshot of VRBO website provided advertising rates for property owners to list their properties for rent on the website; 3) March 31, 2015 screenshot of VRBO website offered property for rent, advertising monthly rates, and a minimum stay of 29 to 31 days. She said the property was in compliance and requested a declaration of violation. Steve Curtis said he lived next door to the subject property. He said vacationing short-term renters were inappropriately loud for the residential neighborhood. He said the subject property had 20 guests for 9 days during Spring Break and a 1-week rental 2 weeks ago. Attorney Smith submitted composite exhibits. Member Riordon moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case and 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 May 27, 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 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 this Board that no fine will be imposed against the Respondent(s). The Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues, beginning with the date the notice of violation is issued. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a Code Enforcement 2015-05-27 12 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 27th day of May 2015, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 04-15 Affidavits of Non-Compliance Randy C Higgins 1615 Drew St. Exterior Storage/Lot Clearing/Inoperative Vehicle - Fletcher 5.2 Case 14-15 Affidavit of Non-Compliance USA Fed Natl Mtg Assn. 1222 Grove St. Parking Lot Surfaces - Brown 5.3 Case 16-15 Affidavit of Non-Compliance Marilynn Tat 1436 Bentley St. Hazardous Trees -Anderson 5.4 Case 27-15 Affidavit of Non-Compliance George Paitakis 407 S Hillcrest Ave. Delinquent BTR— McMahan 5.5 Case 02-15 Affidavit of Compliance Pamela I Miller 706 Fairwood Forest Dr. Exterior Surfaces/Door &Window Openings/Roof Maintenance — Phillips 5.6 Case 20-15 Affidavit of Compliance 1429 Laura Street LLC 1330 Parkwood St. Exterior Storage— Devol 5.7 Case 23-15 Affidavit of Compliance Bradley Paddock 738 Mandalay Ave. Short Term Rental — Phillips Code Enforcement 2015-05-27 13 5.8 Case 28-15 Affidavit of Compliance Zahid Roy 700 Minnesota Dr. Commercial Vehicle in Res Zoning District/Large Vehicles in Res Zoning District/Parking on Unpaved Area - Devol Member Riordon moved to accept the Affidavits of Compliance for Cases 02-15. 20-15, 23-15, and 28-15 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 04-15, 14-15, 16-15, and 27-15. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: 6.1 Cases 01-13 & 02-13— Request for Lien Reduction Federal Asst Mgmt LLC 696 Snug Isl Roof Maintenance/Docks— Phillips Thomas Menichino said he recently purchased the subject property; he knew the property needed repairs when he bought it. He reviewed completed repairs and said remaining repairs would be done soon. He requested a reduction in the lien amount to administration costs. Inspector Julie Phillips said the City supported reduction of the lien amount. Attorney for the Board Andy Salzman said the current lien amount was $231,000 ($99,000 for Case 0 1-13 and $132,000 for Case 02-13) and administration costs totaled $2,374.40 ($1,187.20 for each case). Member Riordon moved to enter an order reducing the lien amounts for Cases 01-13 and 02-13 to administration costs of$2,374.40, payable within 30 days or the liens will revert to the original amounts. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the Respondent's request for reconsideration of 2 liens at a hearing held on May 27, 2015, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Orders. After considering the request for reduction of the liens filed by the Respondent(s) and considering that the new owner is bringing the property into compliance, it is evident that a reduction in the amount of the liens is appropriate in the above-referenced cases. It is the Order of this Board that the lien previously imposed in the Order of the Board for Case 01-13 dated March 27, 2013, as recorded in O.R. Book 17957, Pages 458-461, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,187.20 payable to the Petitioner by June 26, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$99,000 shall be recorded in the public records of Pinellas County, Florida. AND It is the Order of this Board that the lien previously imposed in the Order of the Board for Case 02-13 dated March 27, 2013, as recorded in O.R. Book 17957, Pages 454-457, of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,187.20 Code Enforcement 2015-05-27 14 payable to the Petitioner by June 26, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of $132,000 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 27th day of May 2015, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: Avraham Bensimon 309 S Pegasus Ave. 13- 29 -15- 82602- 002 -0030 PNU2015 -00131 $288.00 Member Riordon moved to accept the Nuisance Abatement Lien filing. The motion was duly seconded and carried unanimously. 8. ADJOURN: The meeting adjourned at 2:30 p.m. Chair Municipal Code Enfgjcement Board Code Enforcement 2015 -05 -27 15