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08/26/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 26, 2015 Present: Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member Sheila Cole, Board Member Duane Schultz, Board Member Michael J. Riordon, Board Member Joseph A. Nycz Absent: Board Member James E. Strickland 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 minutes of the July 22, 2015 Municipal Code Enforcement Board meeting as submitted in written summation. Member Cole moved to approve minutes of the July 22, 2015 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: Jaggers Keene addressed the board. See Item 5.1, Case 37-14. 4. PUBLIC HEARINGS 4.1 Case 38-15—Cont'd from 5/27 and 7/22/15 -Withdrawn Josephine Padden Tre 51 Verbena St. Landscape Maintenance/Lot Clearing — Phillips Case 38-15 was withdrawn. 4.2 Case 43-15—Cont'd from 6/24 and 7/22/15 Herculano De La Cruz 107 N Duncan Ave. Lot Clearing/Hauling Trailer in ROW/Exterior Storage — Fletcher Code Enforcement 2015-08-26 1 Property Owner Herculano De La Cruz agreed that City employee Camilo Soto would translate for him. Through Mr. Soto, Respondent De La Cruz said he had cleaned up his yard. He said he only had 1 trailer and he was not going to move it out of his backyard. He said he had trouble with the owner of the storage facility where his other trailers kept getting stolen. In response to a question, he said he had 2 trailers behind his home. Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on February 18, 2015, following the first inspection. The 3 violations at 107 N Duncan Avenue related to exterior storage of items not for use outdoors, hauling trailers, and lot clearing/debris. Property photographs on February 17, 2015 showed a RV, 2 trailers, a pickup truck, a refrigerator, and debris in the backyard. Property photographs on May 20, 2015 showed a trailer parked in the front yard, and a trailer, debris, and outdoor storage of a ladder, tire, etc. in the backyard. Property photographs on June 12, 2015 showed a trailer in the front yard and 2 trailers (one filled with outdoor storage), a door and windows, additional items, and 2 trucks in the backyard. Property photographs on August 5, 2015 showed 2 trailers (one filled with outdoor storage), a washing machine, fencing, construction materials, and other items in the backyard. Property photographs on August 19, 2015 showed a trailer parked in the front yard. Inspector Fletcher said she was unable to photograph the backyard that day due to the presence of the Respondent and others. In response to questions, Inspector Fletcher said the City received complaints re the property. Code permitted the Respondent to store a trailer in the backyard behind a privacy fence on an approved surface. Through Mr. Soto, Respondent De La Cruz said his neighbors had complained but they did not feed him; he fed himself by working. He said his property was clean. He said he could not park the trailer in the backyard now because the ground was too wet after significant rainfall. 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 Fletcher recommended compliance by September 10, 2015 or a fine of$150 per day per violation be imposed. Assistant City Attorney Matt Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before September 15, 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 August 26, 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 3 violations exist: exterior storage of items not intended for outdoor use, hauling trailer, and lot clearing/debris. The Respondent was present. Code Enforcement 2015-08-26 2 CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1503.113.7, 3-1407.A.1.b, 3-1407.A.2.c, 3-1407.A.3.c, & 3-1502.G.2, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) clear from the yard all items, materials, etc. not designed for outdoor use and keep clear; 2) relocate trailer as allowed per ordinance or remove it from the property; and 3) remove all trash and debris from the property to comply with said Sections of the Code by the deadline, September 15, 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. 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. 4.3 Case 44-15—Cont'd from 6/24 and 7/22/15 Edwart& Elena Papadami 307 Avanda Ct. Parking Lot Surfaces — Fletcher No one was present to represent the Respondent. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on April 1, 2015, following the first inspection. The violation at 307 Avanda Ct. related to parking lot surfaces. Property photographs on June 12, 2015 showed pot holes and missing parking lot surface. A property photograph on August 20, 2015 showed holes in the parking lot had been patched, however the surface was bumpy and had many cracks. She previously spoke to one of Code Enforcement 2015-08-26 3 the Respondents re other violations, which were fixed; she was unable to contact the Respondents re this violation. Member Schultz moved to find the Respondents 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 September 15, 2015 or a fine of$150 per day be imposed. She said the case was opened on February 9, 2015. Attorney Smith submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondents to correct the violation on or before September 15, 2015. If the Respondents do 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 August 26, 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: the surface of the driveway/parking area is deteriorated, dilapidated, and lacks the permanent paving materials required. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Sections 3-1403.A & 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 the parking area and then resurface/repave it with an approved permanent all weather paving material to comply with said Section(s) of the Code by the deadline, September 15, 2015, and the daily fine is $150.00 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 Code Enforcement 2015-08-26 4 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. 4.4 Case 45-15—Cont'd from 6/24 and 7/22/15 309 Avanda Land Trust 309 Avanda Ct. Parking Lot Surfaces/Exterior Surfaces— Fletcher Property owner Ben Zhutaj admitted to the violations and said he needed more time to make repairs. Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on March 28 and April 1, 2015, following the first inspection. The 2 violations at 309 Avanda Ct. related to parking lot surfaces and exterior surfaces. Property photographs on August 20, 2015 showed missing surfaces and pot holes in the parking lot and peeling, patched, and mismatched paint, mold, mildew, and graffiti, on exterior surfaces. This case was opened on February 13, 2015. 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 Fletcher recommended compliance by September 15, 2015 or a fine of$150 per day per violation be imposed. Mr. Zhaja said he could pressure wash and paint the fronts of the buildings at 309 and 311 Avanda Court in 30 days. He said he could not afford to repair the parking lots immediately as repair estimates ranged from $9,000 to $16,000. He said he could fill in the pot holes in 60 days. Inspector Fletcher expressed concern that filling the pot holes would create a bumpy parking lot surface. The parking lot had been patched so often it was falling apart and needed to be resurfaced. Code Compliance Manager Terry Teunis said the holes could be filled if repairs resulted in a smooth surface, thick enough to support vehicles. The lot also needs to be sealed and striped for parking spaces. Mr. Zhaja said Waste Management trucks damaged his parking lot every time they used it to make u-turns. It was stated the entire buildings needed to be painted, not just the fronts. Attorney Smith submitted composite exhibits. Code Enforcement 2015-08-26 5 Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before October 25, 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 August 26, 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 surface of the driveway/parking area is deteriorated, dilapidated, and lacks required permanent paving materials and exterior surfaces have mold and graffiti, and patched, peeling and mismatched paint. Respondent Ben Zhutaj was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Sections 3-1403.A, 3-1502.K.4, & 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 repair the parking area and then resurface/repave it with an approved permanent all weather paving material and pressure wash and/or repaint the building so it is maintained in an attractive manner and to match the existing surfaces as to color in order to comply with said Section(s) of the Code by the deadline, October 25, 2015, and the daily fine is $150.00 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 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. Code Enforcement 2015-08-26 6 DONE AND ORDERED this 26th day of August 2015, at Clearwater, Pinellas County, Florida. 4.5 Case 46-15—Cont'd from 6/24 and 7/22/15 311 Avanda Land Trust 311 Avanda Ct. Parking Lot Surfaces/Exterior Surfaces— Fletcher Property owner Ben Zhutaj admitted to the violations. Inspector Vicki Fletcher provided a PowerPoint presentation. Notices of violation were issued on March 28 and April 1, 2015, following the first inspection. The 2 violations at 311 Avanda Ct. related to parking lot and exterior surfaces. Property photographs on August 20, 2015 showed pot holes and missing surfaces on the parking lot and mold, mildew, patched, peeling and mismatched paint on exterior surfaces. This case was opened on February 13, 2015. Mr. Teunis recommended Mr. Zhataj contact staff to meet him at his properties and advise him re necessary repairs. The buildings must be painted a uniform color. 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 Fletcher recommended compliance by September 15, 2015 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before October 25, 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 August 26, 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 surface of the driveway/parking area is deteriorated, dilapidated, and lacks required permanent paving materials and exterior surfaces have mold and graffiti, and patched, peeling and mismatched paint. Respondent Ben Zhutaj was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Sections 3-1403.A, 3-1502.K.4, & 3-1502.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2015-08-26 7 It is the Order of the Board that the Respondent(s) shall repair the parking area and then resurface/repave it with an approved permanent all weather paving material and pressure wash and/or repaint the building so it is maintained in an attractive manner and to match the existing surfaces as to color in order to comply with said Section(s) of the Code by the deadline, October 25, 2015, and the daily fine is $150.00 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 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. 4.6 Case 54-15—Cont'd from 7/22/15 -Withdrawn James Enright 1423 Park St. Delinquent Business Tax Receipt— McMahan Case 54-15 was withdrawn. 4.7 Case 59-15—Continue to 9/30/15 SEDKIILLC 1990 Sunset Point Rd Signage—Weaver Case 59-15 was continued to September 30, 2015. 4.8 Case 60-15 Edward R Mack 1465 Pierce St. Exterior Surfaces/Door &Window Openings —Weaver Property owner Edward Mack admitted to the violations. Code Enforcement 2015-08-26 8 Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on May 22, 2015, following the first inspection. The 2 violations at 1465 Pierce Street related to exterior surfaces, door& window openings, and window maintenance. Property photographs on July 13 and August 21, 2015 showed deteriorated paint on window trim and fascia, boarded, covered, and broken windows. She said one window was broken since May. Several jalousie windows needed repair. 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 Weaver recommended compliance by September 25, 2015 or a fine of$150 per day per violation be imposed. Respondent Mack said he had been hospitalized several times recently and vandals broke his windows when he was in the hospital. He stated his income, which was well below the poverty line. He said replacing the front windows alone would cost$600 and he needed 4 to 5 months to replace the windows. He said he could pressure wash and paint the house by the end of September. In response to a question, Mr. Mack said he had contacted 211 for assistance but was hospitalized before he could obtain help. Mr. Teunis recommended the Respondent call staff for contacts which may be able to assist him. Compassion was expressed for the Respondent as it would be financially impossible for him to make necessary repairs before the recommended compliance date. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation related to exterior surfaces on or before September 25, 2015 and to enter an order requiring the Respondent to correct the violation related to door and window openings on or before February 15, 2016. If the Respondent does not comply within the times specified, the Board may order a fine of$150 per day 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 August 26, 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: deteriorated paint on exterior surfaces and broken windows and doors. The Respondent was present. CONCLUSIONS OF LAW The Respondent is in violation the City of Clearwater Community Development Code Sections 3-1502.113, 3-1502.C.1, 3-1502.C.3, & 3-1502.C.4, as referred to in the Affidavit in this case. Code Enforcement 2015-08-26 9 ORDER It is the Order of the Board that the Respondent shall pressure wash and paint exterior surfaces to comply with said Section(s) of the Code by the deadline, September 25, 2015 AND the Respondent shall repair and/or replace broken windows and doors to comply with said Section(s) of the Code by the deadline, February 15, 2016. The fine is $150.00 per day per violation for each and every day each violation continues past the dates set for compliance. Upon complying with said Section(s) of the Code, the Respondent shall notify Inspector Mary Jo Weaver, 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, 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. 4.9 Case 61-15 Khoja Holdings LLC 1454 Gulf-to-Bay Boulevard Parking Lot Surfaces/Off-Street Parking/Exterior Surfaces—Weaver Property owner Mahmud Chowdhury admitted to the violations. Inspector Mary Jo Weaver provided a PowerPoint presentation. Notices of violation were issued on April 21 and May 13, 2015, following the first inspection. The 3 violations at 1454 Gulf-to-Bay Boulevard related to exterior surfaces, parking lot and driveway surfaces, and parking lot striping. The property's September 24, 2010 site plan application showed right angle striping for parking spaces along Gulf-to-Bay Boulevard. Property photographs on July 13, 2015 showed a deteriorating parking lot surface, a vehicle parked diagonally in front of the structure, several parking spaces marked with yellow and blue right-angle striping, and several parking spaces marked with yellow diagonal striping on top of blue right-angle striping. Property photographs on Code Enforcement 2015-08-26 10 August 14, 2015 showed rotted fascia and soffit, mildew, dirt and faded and peeling paint on exterior surfaces and stairs, and pot holes and deteriorated surfaces in the parking lot. Member Schultz 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 Weaver recommended compliance by September 25, 2015 or a fine of$150 per day per violation be imposed. The owner may need to obtain a permit to restripe the parking lot. In October 2010, the property owner accepted a $35,300 City loan for fagade improvements, including a new roof. Repayment of the loan was due in October 2015. Property owner Chowdhury said did not know he could not restripe the parking lot, which was done in response to customer complaints re difficulty of backing out of right-angle spaces onto Gulf-to-Bay Boulevard. He said he tried to maintain the front of the building by cleaning and painting it regularly. He said many customers leaned against the building's exterior and rested the soles of their shoes on the wall. Mr. Teunis said staff would work with the property owner and recommended he speak with zoning staff for advice re permits. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before September 30, 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 August 26, 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 3 violations exist: deteriorating parking lot and driveway surfaces, parking lot striping at incorrect angles and painted inappropriate colors, and dirty, faded, and peeling exterior surfaces. Respondent Mahmud Chowdhury was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1404.113, 3-1502.K.4, 3-1403.A, & 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 pressure wash and paint the exterior surfaces, obtain a permit to properly restripe the parking lot, repair cracked and heaved parking lot surfaces, and fill in pot holes to comply with said Section(s) of the Code by the deadline, September 30, 2015. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Code Enforcement 2015-08-26 11 Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Mary Jo Weaver, 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. 4.10 Case 62-15 Flora 1923 Land Trust Invetco LLC Tre 1923 Flora Rd. Hazardous Tree— Crandall Property Manager Nick Anderson said he had an appointment next week with a tree surgeon. He admitted to the violation. Inspector Ellen Crandall provided a PowerPoint presentation. A notice of violation was issued on May 11, 2015, following the first inspection. The violation at 1923 Flora Road related to a hazardous tree. Property photographs on August 24, 2015 showed massive cavities in the base and at the large branch union of the backyard tree near the northeast edge of the lot, close to nearby properties. The hazardous tree created a general nuisance. Member Schultz 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 Crandall recommended compliance by September 9, 2015 or a fine of$200 per day be imposed. Concern was expressed the holiday weekend could delay the tree's removal. Attorney Smith submitted composite exhibits. Code Enforcement 2015-08-26 12 Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before September 25, 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 August 26, 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 backyard tree is hazardous, with massive cavities in its base and at the large branch union. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1503.113.9 & 3-1053.113.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove the hazardous tree to comply with said Section(s) of the Code by the deadline, September 25, 2015. The fine is $200.00 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 Ellen Crandall, 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. Code Enforcement 2015-08-26 13 4.11 Case 63-15 -Withdrawn Bay Area Trust Services LLC Tre 1485 Overlea St. Hazardous Tree— Crandall Case 63-15 was withdrawn. 4.12 Case 64-15 Maryam Shahriari 1352 - 1354 Franklin St. Residential Grass Parking — Brown No one was present to represent the Respondent. Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on May 6, 2015, following the first inspection. The violation at 1352— 1354 Franklin St. related to residential grass parking. Property photographs on April 30, June 12 and July 9, 2015 showed vehicles parked illegally in various places on the front yard. Property photographs on August 13 and 24, 2015 showed no vehicles parked illegally on the grass. Inspector Brown said compliance had been met and requested a declaration of violation with no fines. Attorney Smith submitted composite exhibits. Member Schultz 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 August 26, 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) 3-1407.A.5 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. Code Enforcement 2015-08-26 14 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. 4.13 Case 65-15 Edward Slattery, Jr. & Nancee C Slattery 1401 Franklin St. Residential Grass Parking - Brown No one was present to represent the Respondent. Inspector Shelby Brown said the property owner was in Chambers earlier but had to leave. Inspector Brown provided a PowerPoint presentation. A notice of violation was issued on May 4, 2015, following the first inspection. The violation at 1401 Franklin St. related to residential grass parking. Property photographs on April 30, June 22, July 9, and August 3, 2015 showed a vehicle parked illegally in the front yard on the grass, which was in a deteriorating condition. Property photographs on August 24, 2015 showed no vehicles parked illegally on the grass. Compliance had been met and she requested a declaration of violation with no fines. Attorney Smith submitted composite exhibits. Member Schultz 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 August 26, 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 Code Enforcement 2015-08-26 15 The Respondent(s) was/were in violation of City of Clearwater Community Development Code Section(s) 3-1407.A.5 & 3-1407.A.7 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 26th day of August 2015, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 37-14 Affidavits of Non-Compliance 703 Jones Street LLC 703 Jones St. Door&Window Openings/Exterior Surfaces — Devol Property owner Jaggers Keene said the board had granted him a 6-month extension and he wanted to report to them re his progress. He said he had not spoken to a code enforcement inspector and did not respond to the City's certified mail as he could not get it picked up. Attorney Smith said the property owner should have filed a request for rehearing. Mr. Teunis said the property was not in compliance; exterior surfaces still needed painting. Attorney Smith objected to the property owner addressing the Board at this time rather than following procedures outlined in the Code and Board Rules & Regulations. Attorney for the Board Salzman said the Board could decide whether or not to accept Affidavits of Non- Compliance. Property owner Keene reviewed his efforts to comply. He said he had not completed painting the exterior surfaces due to recent inclement weather. He said he had invested $45,000 in repairing the building to comply with Code. He said the board had agreed to review the property's violations in 6 months. Attorney Smith said the property owner admitted the property was not in full compliance. Code Enforcement 2015-08-26 16 A concern was expressed the board had found the property in violation in December 2014 but did not reference a fine nor rule at that time that the property had to be 100% compliant before the Status Check. It was felt it was unfair that the Board, at its July hearing, had entered an order requiring the Respondent to correct the violations immediately. 5.2 Case 56-11 Affidavit of Compliance Kevin Duvall 1487 Cleveland Street Exterior Surfaces — Phillips 5.3 Case 66-13 Affidavit of Compliance M & M Property Group, Inc. 1488 Gulf-to-Bay Boulevard Exterior Surfaces/Door &Window Openings — Brown 5.4 Case 24-14 Affidavit of Compliance James T. Clemente 112 N Jupiter Ave. Fences &Walls/Door &Window Openings — Brown 5.5 Case 01-15 Affidavit of Compliance Williams Asset Conversion Inc Tre 1738 N Ft Harrison Ave. Non-Conforming Signs/Discontinued Signs—Weaver 5.6 Case 19-15 Affidavit of Compliance 608 Ermine Trust Bay Trust Services LLC Tre 608 Ermine St. Exterior Storage/Exterior Surfaces/RV in ROW - Devol 5.7 Case 33-15 Affidavit of Compliance USA Fed Natl Mtg Assn 2141 Campus Dr. Public Nuisance Condition (Lot Clearing) — Brown 5.8 Case 51-15 Affidavit of Compliance National Storage 17 (Multi) LLC 18524 US Highway 19 Tree Protection —Crandall 5.9 Case 56-15 Affidavit of Compliance Francis & Emily Robson 1225 Grove St. Delinquent Business Tax Receipt— McMahan Member Schultz moved to accept the Affidavits of Compliance for Cases 56-11, 66-13, 24-14, 01-15, 19-15, 33-15, 51-15, and 56-15 and to accept the Affidavits of Non-Compliance and issue the Order imposing fines for Case 37-14. The motion was duly seconded. Members Carothers, Schultz, Riordon, Nycz, and Chair Johnson voted "Aye"; Member Cole voted "Nay." Code Enforcement 2015-08-26 17 Motion carried. 6. NEW BUSINESS 6.1 Case 38-14— Request for Lien Reduction Warren A. Stevens & Stephen J. Steller 601 N. Ft. Harrison Ave. Sidewalks & ROW/Exterior Surfaces— Devol Stephen Steller said prior to the compliance deadline, he spoke with Inspector Devol, advising her that progress was being made towards compliance and requesting that she speak with onsite workers re necessary repairs. He said Inspector Devol never told him or the workers what needed to be done and the compliance deadline passed. He said 2 months later, after receiving a City letter advising him that a fine had begun accruing in March 2015, he contacted Inspector Devol, who met him at the site and reviewed repairs necessary to meet compliance. He said following that meeting, repairs were finished in a week. Inspector Diane Devol provided an overview of her previous PowerPoint presentation re violations related to graffiti, exterior surfaces, lot clearing, debris, and trash at 601 N. Ft. Harrison Avenue. After she met with the property owner in late May, the property was in total compliance on June 1, 2015. Property photographs on August 26, 2015 showed the property looked good. A chain, now strung across the driveway, blocked vehicle access to the property and a no trespassing sign was posted. The current lien amount was $15,800. Since the owner purchased the property in September 2010, the property has had 3 public nuisance cases due to overgrowth, trash etc. and 4 Code compliance violation cases. Since 2012, the Clearwater Police Department answered at least 13 calls at the property re trespassing, vagrant persons, suspicious persons, etc. Homeless people often gather and drink alcohol behind the structure, which is not visible from the street. In response to a comment, Attorney Smith said violators are responsible for contacting code inspectors re compliance. Inspector Devol said code inspectors respond immediately when contacted by property owners re compliance. She recommended the lien be reduced to $4,214.20; administration costs were $2,107.20. The property owner was encouraged to improve maintenance of the property. Staff recommended the higher fine due to continuing onsite problems and the significant number of times staff has had to respond to a multitude of violations. Mr. Teunis said owners were responsible for regularly inspecting and maintaining their properties. Discussion ensued with comments that the property owner fixed problems related to vandalism and vagrants as they were noticed. Property owner Steller requested that the lien be reduced to administration costs only. He said the violations would have been solved in late March had Inspector Devol returned his calls. He said a neighbor now called the Police Department when problems were seen. In response to a question, Inspector Devol said she did not recall receiving a telephone call from the property owner in late March but did remember his late May telephone call to which she responded immediately. Code Enforcement 2015-08-26 18 Member Riordon moved to enter an order reducing the lien for Case 38-14 to $3,100 payable within 60 days or the lien will revert to its original amount. The motion was duly seconded. Members Carothers and Riordon and Chair Johnson voted "Aye"; Members Cole, Schultz, and Nycz voted "Nay." Motion failed. Member Schultz moved to enter an order reducing the lien for Case 38-14 to $4,214.20. The motion was duly seconded. Members Cole, Schultz, Nycz, and Chair Johnson voted "Aye"; Member Carothers and Riordon voted "Nay." Motion carried. Member Schultz moved to amend the order for Case 38-14 to make the reduced fine payable within 30 days or the lien will revert to its original amount. The motion was duly seconded. Members Schultz, Carothers Nycz, and Chair Johnson voted "Aye"; Members Cole and Riordon voted "Nay." Motion carried. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on August 26, 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 the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated April 22, 2015, as recorded in O.R. Book 18835, Pages 806 - 809 of the public records of Pinellas County, Florida, is hereby reduced to $4,214.20 payable to the Petitioner by September 25, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$15,800.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 26th day of August 2015, at Clearwater, Pinellas County, Florida. 6.2 Case 66-13 — Request for Lien Reduction M & M Property Group, Inc, 1488 Gulf-to-Bay Boulevard Exterior Surfaces/Exterior Storage/Door &Window Openings/Inoperative Vehicles — Schaar Attorney Michael Boutzoukas, representing the applicant, referenced his letter to the Board requesting a lien reduction. The property had a new owner. Inspector Shelby Brown provided a PowerPoint presentation reviewing the property's previous violations. The new owner corrected all violations; the property was in compliance. The City supported reduction of the $409,250 lien to administration costs of$3,082.20. Member Schultz moved to enter an order reducing the fine for Case 66-13 to administration costs of$3,082.20 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 considered the request for reconsideration of a lien at a hearing held on August 26, 2015, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. Code Enforcement 2015-08-26 19 After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated February 26, 2014, as recorded in O.R. Book 18337, Pages 89 - 94 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$3,082.20 payable to the Petitioner by September 25, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$409,250.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 26th day of August 2015, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: GAIL LINDA PHILLIPS 1432 DE LEON ST PNU2014-00935 14-29-15-10476-006-0070 $935.00 RICHARD CONSTR CO WALKER 1251 SUNSET POINT RD PNU2015-00510 03-29-15-00000-420-0150 $320.00 WEST COAST FUND LLC 639 BRYANT ST PNU2015-00526 21-29-15-00000-440-3000 $694.27 DIOCESE OF ST PETERSBURG 1305 FRANKLIN ST PNU2015-00532 15-29-15-00000-140-0310 $320.00 TRUST NO 1259 1261 FRANKLIN ST PNU2015-00563 15-29-15-38574-009-0060 $320.00 MARTIN J SHERMAN RHONDA RENEE SHERMAN 402 N MARTIN LUTHER KING JR PNU2015-00616 AVE 10-29-15-72000-006-0130 $330.00 MICHELLE L SODOMKA 1640 EL TAIR TRL PNU2015-00707 06-29-16-16860-000-0700 $411.15 30 DAYS REAL ESTATE CORP THE 509 MARILYN TRUST 1140 PALM BLUFF ST PNU2015-00720 Code Enforcement 2015-08-26 20 10- 29 -15- 33552 - 006 -0520 $374.20 PLACE, CHARLES N THE 1827 VENETIAN POINT DR PNU2015 -00730 04- 29 -15- 93894 - 001 -0340 $475.91 BLANCA RITA SCHEELE 1145 PALM BLUFF ST PNU2015 -00761 10- 29 -15- 85014 - 001 -0010 $320.00 Don Marson Von Burns F /K/A MAREK PIETRYNIAK 1535 GULF TO BAY BLVD PNU2015 -00842 14- 29 -15- 22770 - 000 -0210 $331.30 TERENCE JOHN MC CLURG 1585 JEFFORDS ST PNU2015 -00902 23- 29 -15- 30366- 000 -0760 $463.32 ROBITAILLE, HILDEGARD H EST 1288 BURMA AVE PNU2015 -00917 19- 29 -16- 92322 - 003 -0080 $380.46 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA It was stated that City code inspectors manage a significant number of cases in addition to retrieving up to 1,000 illegal signs each month. The inspectors, Mayor, City Council, and City Manager were thanked for making Clearwater a nice place to live. The Mayor thanked the code inspection staff and Municipal Code Enforcement Board members for their efforts, which keep Clearwater bright, sparkling, and beautiful. 8. ADJOURN The meeting adjourned at 3:35 p.m. Attest: Chair, Municipal Code Enf ement Board Secretary to the Boar Code Enforcement 2015 -08 -26 21