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10/28/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 28, 2015 Present: Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member James E. Strickland, Board Member Sheila Cole—departed 4:35 p.m., Board Member Duane Schultz, Board Member Michael J. Riordon Absent: Board Member Joseph A. Nycz Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague —Secretary to the Board 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 September 30, 2015 Municipal Code Enforcement Board meeting as submitted in written summation. Member Cole moved to approve minutes of the September 30, 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: None. 4. PUBLIC HEARINGS 4.1 Case 89-15—Continue to Oct. 28, 2015—Withdrawn. Carrat, Harriet J Tre Saroodis, Kaliope Trust 411 Mandalay Ave. Exterior Surfaces/Abandoned Buildings/Roof Maintenance - Phillips Case 89-15 was withdrawn. 4.2 Case 90-15 Matthew Walker 2010 Rebecca Dr. Roof Maintenance/Exterior Surfaces— Phillips No one was present to represent the Respondent. Code Enforcement 2015-09-30 1 Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on September 2, 2015, following the first inspection. The violation at 2010 Rebecca Drive related to exterior surfaces and roof maintenance; the exterior portion of the house showed visible signs of wear and peeling paint and there were three large holes in the roof that is leaked water and deteriorated the inside of the house. Property photographs on September 3, October 16, and October 27, 2015 showed exterior surfaces with multiple areas of peeling paint and bare wood, large holes in the ceiling with water damage and tarps on the roof. Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Phillips recommended compliance by December 12, 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 violation on or before December 15, 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 October 28, 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 surfaces feature visible rust stains, peeling and declining paint and roof maintenance. 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.D.1, 3-1502.D.3, & 3-1502.113 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all visible rust stains, peeling and declining paint and repaint surfaces and pull a roof permit and repair the roof so that it is in a safe, secure and watertight condition to comply with said Section(s) of the Code by the deadline, December 15, 2015. The 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 Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once Code Enforcement 2015-09-30 2 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 28th day of October 2015, at Clearwater, Pinellas County, Florida. 4.3 Case 91-15—Continue to Nov. 18, 2015 Michael Plunkett 205 S San Remo Ave. Exterior Surfaces — Fletcher Case 91-15 was continued automatically to November 18, 2015. 5. UNFINISHED BUSINESS 5.1 Case 69-15 Affidavit of Compliance Eleftherios & Maria Passaris 1484 Gulf to Bay Blvd Windows Maintenance/Roof Maintenance/Off-Street Parking —Weaver 5.2 Case 68-15 Affidavit of Compliance Pet Friendly Properties LLC Richard Bailor 1484 De Leon St. Exterior Storage -Weaver 5.3 Case 62-15 Affidavit of Compliance Flora 1923 Land Trust Invetco LLC Tre 1923 Flora Rd. Hazardous Tree— Crandall 5.4 Case 61-15 Affidavit of Compliance Khoja Holdings LLC 1454 Gulf to Bay Blvd. Parking Lot Surfaces/Off-Street Parking/Exterior Surfaces—Weaver Code Enforcement 2015-09-30 3 5.5 Case 58-15 Affidavit of Compliance Hamid Farrokhyar 2584 Brandywine Dr. Roof Maintenance & Landscape Maintenance - Devol 5.6 Case 37-14 Affidavit of Compliance 703 Jones St. 703 Jones Street LLC Door &Window Openings/Exterior Surfaces — Devol Member Schultz moved to accept the Affidavits of Compliance for Cases 69-15, 68-15, 62-15, 61-15, 58-15, and 37-14. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 01-15 Request for Lien Reduction Williams Asset Conversion Inc Tre 1738 N Ft Harrison Ave. Exterior Surfaces/Door &Window Openings/Non-Conforming Signs/Discontinued Signs —Weaver Property representative Jerry Sigler said the necessary renovations were completed in July and the property has been maintained since. He requested a reduction in the fine to administration costs. Code Compliance Manager Terry Teunis said the violations have been corrected and the property was in compliance. The City supported the reduction of the $19,350 fine to administration costs of$1071.20. Member Schultz moved to enter an order reducing the fine for Case 0 1-15 to administration costs of$1071.20 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 October 28, 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, is hereby reduced to administration costs of$1,071.20 payable to the Petitioner by November 27, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$19,350 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of October 2015, at Clearwater, Pinellas County, Florida. Code Enforcement 2015-09-30 4 6.2 Case 14-15 Request for Lien Reduction USA Fed Natl Mtg Assn. 1222 Grove St. Parking Lot Surfaces — Brown Property representative Fayola Goldstone said the property has been brought into compliance and requested a reduction in the fine to administration costs. Inspector Shelby Brown said the property was in compliance. The City supported reduction of the $24,600 fine to administration costs of$1,412.20. Member Schultz moved to enter an order reducing the fine for Case 14-15 to administration costs of$1412.20 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 October 28, 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 May 27, 2015, as recorded in O.R. Book 18950, Pages 871-875 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,412.20 payable to the Petitioner by November 27, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$24,600 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of October 2015, at Clearwater, Pinellas County, Florida. 6.3 Case 16-15 Request for Lien Reduction Marilynn Tat 1436 Bentley St. Hazardous Trees —Anderson Property representative Jesse Simpson said the property has been brought into compliance and requested a reduction in the fine to administration costs. Inspector Matthew Anderson said the property was in compliance and recommended a reduction to administrative costs plus 10% of the lien amount. The administrative costs were $1,206.80 and the lien amount was $30,600. Member Schultz moved to enter an order reducing the fine for Case 16-15 to $4,266.80 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. Code Enforcement 2015-09-30 5 The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on October 28, 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 May 27, 2015, as recorded in O.R. Book 18950, Pages 869-870 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$4,266.80 payable to the Petitioner by November 27, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$30,600 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of October 2015, at Clearwater, Pinellas County, Florida. 6.4 Case 19-15 Request for Lien Reduction 608 Ermine Trust Bay Trust Services LLC Tre 608 Ermine St. Outdoor Storage— Devol Property owner Gertrude and Ralph Foster said steps were taken to remove a tenant that created the violations. The structure has been demolished and the property was brought into compliance. They requested a reduction in the fine to administration costs. Inspector Diane Devol said the property was in compliance and showed pictures of the property. The City supported reduction of the $16,500 fine to administration costs of$1,853.20. Member Carothers moved to enter an order reducing the fine for Case 19-15 to $1853.20 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 October 28, 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 June 24, 2015, as recorded in O.R. Book 18923, Pages 1624-1627 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,853.20 payable to the Petitioner by November 27, 2015. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$16,500 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of October 2015, at Clearwater, Pinellas County, Florida. Code Enforcement 2015-09-30 6 6.5 Case 48-12 Request for Lien Reduction - Continue to 11/18/15 Clearwater Espacio Dev LLC 1100 Cleveland Street Abandoned Building — Brown Case 48-12 was continued automatically to November 18, 2015. 7. NUISANCE ABATEMENT LIEN FILINGS USAFED NATL MTG ASSN 1300 TERRACE RD PNU2015-00708 03-29-15-08388-005-0010 $471.57 JAMES W STRATTON 1525 ROSEMERE RD PNU2015-00848 1 1-29-15-31194-000-1020 $451.93 JAMES W STRATTON 1531 ROSEMERE RD PNU2015-00849 1 1-29-15-31194-000-1030 $371.62 WORLD CAPITAL CORP 14 IDLEWILD ST PNU2015-00872 05-29-15-16362-003-0010 $323.74 SCHLAU PROPERTIES CO 1425 SUNSET POINT RD PNU2015-00895 02-29-15-00000-320-0600 $320.00 SYLVIA A BURT ERROL J KIDD 900 N BETTY LN PNU2015-00935 10-29-15-18450-002-0170 $642.44 AVRAHAM BENSIMON 309 S PEGASUS AVE PNU2015-00944 13-29-15-82602-002-0030 $320.00 JONES, HENRY EST 798 JURGENS ST PNU201 5-01 1 64 10-29-15-00000-230-0400 $320.00 P W B HOMES LLC 223 S WASHINGTON AVE PNU2015-01181 15-29-15-21690-000-0260 $320.00 Code Enforcement 2015-09-30 7 HOLMES, WILLIE B EST 505 N GARDEN AVE 09- 29 -15- 37422 - 002 -0160 PNU2015 -01212 $331.52 DONALD S KALEEL SIMON GEORGE 1819 YALE DR PNU2015 -01221 06- 29 -16- 17256- 000 -0150 $480.32 ANA MARIA ESCALONA -ZARCO ANA MARIA ZARCO -LIRA 1243 OAKVIEW AVE PNU2015 -01237 23- 29 -15- 29016- 000 -1090 $320.00 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. ITEMS NOT ON THE AGENDA Attorney for the Board Andy Salzman said the Board will be making changes to the Rules and Regulations in the coming months to incorporate ex parte communications. 8. ADJOURN The meeting adjourned at 2:05 p.m. Attest: Se retary to the B . and Vice- Chair, M I Code En orcement Board Code Enforcement 2015 -0 04 8