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11/18/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 18, 2015 Present: Vice Chair Wayne Carothers, Board Member James E. Strickland, Board Member Duane Schultz, Board Member Michael J. Riordon, Board Member Joseph A. Nycz, Board Member Robert Prast Absent: Chair Sue A. Johnson 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 October 28, 2015 Municipal Code Enforcement Board meeting as submitted in written summation. Member Schultz moved to approve minutes of the October 28, 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 91-15—Continued from Oct. 28, 2015 Michael Plunkett 205 S San Remo Ave. Exterior Surfaces — Fletcher No one was present to represent the owner. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on April 1, 2015, following the first inspection. The violation at 205 S San Remo Ave. related to exterior surfaces. Property photographs on February 26, 2015 showed exterior surfaces with holes and untreated rotted wood and the exterior storage of garbage, which subsequently was removed. Property photographs on March 9 and May 21, 2015 showed deterioration of the front steps and stoop, untreated, rotting wood with holes in exterior surfaces, and rotting soffits. Property photographs on November 10, 2015 showed the rear porch had detached from the Code Enforcement 2015-11-18 1 house, providing access to the structure through the rear door, which was askew and could not be shut. Rear windows had become semi detached from the structure. Inspector Fletcher said the property owner lived in the house until the beginning of the year. Today, the property owner said he was not concerned with problems with the house and did not appreciate City actions. In response to a concern that the building appeared to be nearly collapsed, Code Compliance Manager Terry Teunis said the City's Building Division would inspect the property to determine if the structure was unsafe. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Fletcher recommended compliance by November 30, 2015 or a fine of$200 per day be imposed. Assistant City Attorney Matt Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before November 30, 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 November 18, 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 It is the Order of the Board that the Respondent(s) shall remove, replace, or repair all rotted wood and declining paint and repaint the structure to comply with said Section(s) of the Code by the deadline, November 30, 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 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 Code Enforcement 2015-11-18 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 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.2 Case 92-15 Anahi Mejia La Reina De Mexico Inc. 1400 Gulf-to-Bay Boulevard Parking Lot Surfaces/Off-Street Parking -Weaver Hugo Paz was present to represent his wife, property owner Anahi Mejia. Gloria Acosta was present to translate for Mr. Paz. On behalf of Mr. Paz, Ms. Acosta said the City's letter was addressed to Mr. Paz's wife, Anahi Mejia, but he was the one with the license permit for the business. She said Mr. Paz's wife owned the property and he owned the business. She said someone from the City had called Mr. Paz's wife and told her that Mr. Paz should attend today's meeting in her place. He did not know the name of the City employee who called. On behalf of Mr. Paz, Ms. Acosta said Mr. Paz was aware of the violation and previously had tried to fix the problem but ran out of money. She said Mr. Paz needed a business permit to open the business to earn sufficient money to fix the property. Assistant City Attorney Matt Smith said the City had not issued a BTR (Business Tax Receipt) for the subject business. The Municipal Code Enforcement Board recessed from 1:45 to 1:49 p.m. Inspector Mary Jo Weaver provided a PowerPoint presentation. Notices of violation were issued on June 1 and September 3, 2015, following the first inspection. The 2 violations at 1400 Gulf- to-Bay Boulevard related to parking lot surfaces and off-street parking space striping. Property photographs on November 4, 2015 showed deteriorating parking lot surfaces with potholes, uneven surfaces, and no parking space striping. The restaurant was vacant. In response to a question, Ms. Acosta, on behalf of Mr. Paz, said the property was purchased in 2013. She said Mr. Paz opened a taco restaurant, but it was closed after 2 days due to permit Code Enforcement 2015-11-18 3 issues. She said Mr. Paz wanted to open a retail store on the subject property, which had been empty since its purchase. Inspector Weaver said she was not aware that Mr. Paz had applied for a BTR. On behalf of Mr. Paz, Ms. Acosta said Mr. Paz requested that the City issue him a business license so he could open a business and then make necessary repairs. She said Mr. Paz said it was very stressful for him and his family to run out of money. 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 Weaver recommended compliance by December 18, 2015 or a fine of$150 per day per violation be imposed. Concerns were expressed that Mr. Paz owned the retail property for almost 2 '/2 years without income from the property, he faced a language barrier, and his ability to obtain a BTR was tied to his ability to repair the parking lot. It was suggested that City staff should have helped Mr. Paz negotiate the system. Inspector Weaver said Mr. Paz owned an operating convenience store on US 19 in Clearwater,. On behalf of Mr. Paz, Ms. Acosta said Mr. Paz was willing to do whatever was asked of him. In response to a question, Ms. Acosta said Mr. Paz said he needed a year to repair the parking lot or however much time he could be granted. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before February 16, 2016. 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 November 18, 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 off-street parking space striping. 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) 3-1502.K.4, & 3-1404.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2015-11-18 4 It is the Order of the Board that the Respondent(s) shall obtain a permit to resurface and restripe the parking lot surfaces to comply with said Section(s) of the Code by the deadline, February 16, 2016. 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 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 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.3 Case 93-15 Sealty LLC 1401 Gulf-to-Bay Boulevard Parking Lot Surfaces/Off-Street Parking -Weaver No one was present to represent the owner. Inspector Mary Jo Weaver provided a PowerPoint presentation. Notices of violation were issued on June 1 and September 3, 2015, following the first inspection. The 2 violations at 1401 Gulf- to-Bay Boulevard related to parking lot surfaces and off-street parking space striping. Property photographs on November 4, 2015 showed deteriorated parking lot surfaces and striping for a handicapped space, and no other visible parking space striping. Inspector Weaver said the property owner indicated he had purchased the property in this condition and did not think he needed to make any repairs. She said the next time she spoke with the property owner, he felt the violations had been solved. The building had a tenant. Member Nycz 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 Weaver recommended compliance by December 18, 2015 or a fine of$150 per day per violation be imposed. Code Enforcement 2015-11-18 5 Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before December 18, 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 November 18, 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 off-street parking space striping. 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.K.4 & 3-1404.113 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair pot holes in the parking lot surfaces and obtain a permit and restripe the parking lot surfaces to comply with said Section(s) of the Code by the deadline, December 18, 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 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. Code Enforcement 2015-11-18 6 DONE AND ORDERED this 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.4 Case 94-15 Sealty LLC 1403 Gulf-to-Bay Boulevard Parking Lot Surfaces/Off-Street Parking —Weaver No one was present to represent the owner. Inspector Mary Jo Weaver provided a PowerPoint presentation. Notices of violation were issued on June 1 and September 3, 2015, following the first inspection. The 4 violations at 1403 Gulf- to-Bay Boulevard related to parking lot surfaces, off-street parking space striping, exterior surfaces, and attached signs in non-residential districts/signage erected without permits. Property photographs on November 4, 2015 showed several deteriorating parking lot surfaces, no visible parking space striping, rotting exterior fascia boards, an unsuccessful attempt to paint over graffiti, and attached wall signs erected without permit on 3 sides of the building. Inspector Weaver said whenever she spoke with the property owner, he said he was out of town. He said he purchased the property in this condition and did not think he needed to make any repairs. She said the next time she spoke with the property owner, he felt the violations were solved. The building had a tenant. 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 Weaver recommended compliance by December 18, 2015 or a fine of$100 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before December 18, 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 November 18, 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 4 violations exist: parking lot surfaces, off-street parking space striping, exterior surfaces, and attached signs in non- residential districts/signage erected without permits. 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, 4-1002, 3-1807.113.3.a, 3-1502.K.4 & 3-1404.113 as referred to in the Affidavit in this case. Code Enforcement 2015-11-18 7 ORDER It is the Order of the Board that the Respondent(s) shall obtain permit to resurface and restripe the parking lot surfaces, replace rotting fascia boards, pressure wash and paint exterior surfaces, and remove all unpermitted attached signs to comply with said Section(s) of the Code by the deadline, December 18, 2015. The 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 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 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.5 Case 95-15 Grahm & Maria Coates 873 Island Way Roof Maintenance/Public Health, Safety or Welfare Nuisance/Windows Maintenance— Phillips Property owner Maria Coates admitted to the violations. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on September 19, 2015, following the first inspection. The 3 violations at 873 Island Way related to roof maintenance, window maintenance, and a public health, safety or welfare nuisance. Property photographs taken from the street and rear canal on August 5, 2015 showed the roof had missing tiles, deteriorated paint and mildew, the lanai's ceiling had holes, and the pool cage had missing and torn screens. The bottom of the unsecured swimming pool could not be seen through opaque, unfiltered green water, creating a hazardous condition. Inspector Phillips said property photographs on August 21 and September 3, 2015 showed efforts had been made to repair the roof but mildew remained and no changes to the lanai Code Enforcement 2015-11-18 8 ceiling, pool cage screening, or unsecured swimming pool had occurred. Property photographs on September 17, 2015 showed no changes. Property photographs on October 8, 2015 showed work underway on the flat roof and no changes to the lanai ceiling, pool cage screening, or unsecured swimming pool. Property photographs on November 15, 2015 showed pool cage screening had been removed, water in the unsecured swimming pool was clear and blue, and paint on the tile roof continued to deteriorate. Property owner Coats said the tenant did not want satellite dishes on the flat roof to be moved. She said roofing companies indicated the satellite dishes created problems on the flat roof. She said she had paid a deposit and contracted to replace the entire roof; satellite dishes will be relocated to the swimming pool deck. She said work on the roof will begin February 9, 2016. She said she paid a deposit and contracted to have a 6-foot privacy fence installed to secure the swimming pool. She said the fence will be installed in a month. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Phillips recommended compliance by January 1, 2016 or a fine of$150 per day per violation be imposed. She said she was willing to work with the homeowner if progress is made toward meeting compliance. Discussion ensued regarding reasonable deadlines. Attorney Smith submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violations on or before March 18, 2016. 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 November 18, 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: roof maintenance, window maintenance, and a public, health, safety or welfare nuisance. 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) 3-1502.D.1, 3-1502.D.3, 3-1502.D.4, 3-1503.113.5, & 3-1502.C.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall pressure spray to remove peeling paint and repaint the roof, repair the roof so that it is in a safe, secure, and watertight condition, Code Enforcement 2015-11-18 9 maintain water in the swimming pool so that it is clear, rescreen the pool cage or pull a permit and install a 6-foot privacy fence so that the swimming pool is not accessible and considered a public health, safety, or welfare nuisance to comply with said Section(s) of the Code by the deadline, March 16, 2016. 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 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 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.6 Case 96-15 -Withdrawn 011ie E Burnell 1505 Grove St. Exterior Surfaces — Fletcher Case 96-15 was withdrawn. 4.7 Case 97-15 -Withdrawn New Florida Avita Homes Inc. 1454 Laura St. Exterior Storage/Exterior Surfaces - Fletcher Case 97-15 was withdrawn. Code Enforcement 2015-11-18 10 4.8 Case 98-15 Eisen P Jover 1303 Brigadoon Dr. Exterior Surfaces — Devol No one was present to represent the owner. Inspector Diane Devol said the Homeowner Association president was trying to improve the property and requested Code Enforcement to inspect the units. While the Homeowners Association maintained common areas, the swimming pool, and landscaping, townhome owners were responsible for exterior maintenance of their units. Inspector Devol provided a PowerPoint presentation. Notices of violation were issued on June 3 and October 12, 2015, following the first inspection. The 1 violation at 1303 Brigadoon Dr. related to exterior surfaces in the property's rear. Property photographs on August 31 and September 24, 2015 showed mildew on exterior surfaces with deteriorated siding by the patio doors and mildew and rotting wood evident by the second floor deck. The siding behind the air- conditioning unit had mildew, rotted wood, and loosened junction boxes. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Devol recommended compliance by December 31, 2015 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violation on or before December 31, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on November 18, 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 It is the Order of the Board that the Respondent(s) shall remove and replace all areas of rotten wood and paint with appropriate color, secure all junction boxes to the back of the structure, and Code Enforcement 2015-11-18 11 clean all areas where mold or mildew is present to comply with said Section(s) of the Code by the deadline, December 31, 2015. The 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 Diane Devol, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.9 Case 99-15 Gordon R Pullen 1302 Brigadoon Dr. Exterior Surfaces — Devol No one was present to represent the owner. Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on June 2 and October 12, 2015, following the first inspection. The 1 violation at 1302 Brigadoon Dr. related to exterior surfaces in the property's rear. Townhome owners were responsible for exterior maintenance of their units. Property photographs on September 24, 2015 showed mildew on exterior surfaces with serious wear by the patio doors and mildew and chipping wood by the second floor deck. The siding behind the air-conditioning unit had significant rotted wood and loosened junction boxes. The unit was occupied. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Devol recommended compliance by December 31, 2015 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Code Enforcement 2015-11-18 12 Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before December 31, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on November 18, 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 It is the Order of the Board that the Respondent(s) shall remove and replace all areas of rotten wood and paint with appropriate color, secure all junction boxes to the back of the structure, and clean all areas where mold or mildew is present to comply with said Section(s) of the Code by the deadline, December 31, 2015. The 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 Diane Devol, who shall inspect the property and notify the Board of compliance. If the Respondent(s)fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 18th day of November 2015, at Clearwater, Pinellas County, Florida. Code Enforcement 2015-11-18 13 4.10 Case 100-15 Donna S. Pope 1301 Brigadoon Dr. Exterior Surfaces — Devol No one was present to represent the owner. Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on June 2 and October 12, 2015, following the first inspection. The 1 violation at 1301 Brigadoon Dr. related to exterior surfaces. Property photographs on September 24, 2015 showed mildew covering the side exterior surface of this end unit, and in the rear, mildew and rotting paint on exterior surfaces. The siding behind the air-conditioning unit had significant rotted wood, loosened junction boxes, a junction box popped off, and a junction box reaffixed to rotten wood. In response to a concern regarding the poor condition of the upper deck, Inspector Devol said the townhome's owner was responsible for unit exterior maintenance and repairs. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Devol said the property owner had requested additional time to make repairs, however the owner was contacted last June regarding the violation and had made no repairs. She recommended compliance by December 31, 2015 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before December 31, 2015. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on November 18, 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 It is the Order of the Board that the Respondent(s) shall remove and replace all areas of rotten wood and paint with appropriate color, secure all junction boxes to the back of the structure, and clean all areas where mold or mildew is present to comply with said Section(s) of the Code by Code Enforcement 2015-11-18 14 the deadline, December 31, 2015. The 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 Diane Devol, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.11 Case 101-15 Frederick S. Bachmann 1425 Gulf-to-Bay Boulevard Exterior Surfaces/Windows Maintenance— Brown Property owner Frederick Bachmann admitted to the violation. Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on May 8, 2015, following the first inspection. The 2 violations at 1425 Gulf-to-Bay Boulevard related to exterior surfaces and window maintenance. Property photographs on October 9, 2015 showed wood rot and mildew on the front porch, peeling paint and mildew on the eaves, soffit, and fascia, peeling paint, primarily on the trim and windows, mildew on exterior surfaces, deteriorated wood that needed to be repaired, reattached, or replaced, boarded windows, severe wood rot in the rear, and deteriorated wood above the block column supporting the rear porch. Inspector Brown said she spoke with the property owner today. 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 Brown recommended compliance by January 20, 2016 or a fine of$150 per day per violation be imposed. Mr. Bachman said he could comply by that date. Code Enforcement 2015-11-18 15 Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before January 20, 2016. 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 November 18, 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 and window maintenance. 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) 3-1502.113 & 3-1502.C.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove visible mildew, repair/restore damaged surfaces, repaint peeling wood and other surfaces to match, and restore windows to a clean and unbroken state to comply with said Section(s) of the Code by the deadline, January 20, 2016. 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 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 Code Enforcement 2015-11-18 16 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.12 Case 102-15 Dottie Turner 31 N Fredrica Ave. Exterior Storage— Espinosa No one was present to represent the owner. Inspector Nilda Espinosa said the property was in compliance and requested a declaration of violation. She provided a PowerPoint presentation. A notice of violation was issued on May 12, 2015, following the first inspection. The violation at 31 N. Fredrica Ave. related to exterior storage. Property photographs on October 15, 2015 showed boxes, indoor furniture, and miscellaneous items filled the carport and extended to the porch. Property photographs on November 18, 2015 showed the exterior storage had been removed and the carport was clean. 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 November 18, 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) 3-1502.G.1, 3-1502.G.2 & 3-913 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 2015-11-18 17 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 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.13 Case 103-15 William Clarida 911 Druid Rd. Parking Lot Surfaces —Alston Property owner William Clarida admitted to the violation. Inspector Trava Alston provided a PowerPoint presentation. A notice of violation was issued on August 24, 2015, following the first inspection. The 1 violation at 911 Druid Rd. related to parking lot surfaces. Property photographs on August 24, 2015 showed parking lot surfaces were heaved, deteriorated, and broken. A property photograph on November 6, 2015 showed attempts had been made to repair the surface with dirt and sand, which were not approved parking lot materials. Property photographs on November 13, 2015 showed rain had washed away the dirt and sand and parking lot surfaces remained deteriorated. 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 Alston recommended compliance by January 4, 2016 or a fine of$150 per day be imposed. In response to Mr. Clarida's observation that many nearby parking lots were covered with crushed shell, Inspector Alston said crushed shell was not an approved parking lot material. Mr. Clarida requested 4 months to obtain a survey and permit and replace the parking lot surface. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before March 18, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on November 18, 2015, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: Code Enforcement 2015-11-18 18 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: parking lot surfaces. 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) 3-1403.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 pull a permit and resurface the driveway, which must be improved with a permanent all-weather paving material, such as concrete, asphalt, or pavers, and graded to drain stormwater to comply with said Section(s) of the Code by the deadline, March 18, 2016. The 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 Trava Alston, 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 18th day of November 2015, at Clearwater, Pinellas County, Florida. 4.14 Case 104-15— Continue to 12/16/15 Richard & Josephine Drago 2485 Moore Haven Dr. Public Health, Safety or Welfare Nuisance - Lopez Case 104-15 was continued to December 16, 2015. 5. UNFINISHED BUSINESS Code Enforcement 2015-11-18 19 5.1 Case 43-15 Affidavit of Non -Compliance Herculano De La Cruz 107 N Duncan Ave. Lot Clearing/Hauling Trailer in ROW/Exterior Storage — Fletcher 5.2 Case 68-15 Affidavit of Compliance Pet Friendly Properties LLC Richard Bailor 1484 De Leon St. Exterior Storage/Parking Lot Surfaces - Weaver 5.3 Case 35-12 Affidavit of Compliance An Pham & Minh Dam 1601 N Osceola Avenue Door & Window Openings/Exterior Surfaces/Fences & Walls/Bldg & Fire Code Requirements/Roof Maintenance — Devol Member Schultz moved to accept the Affidavits of Compliance for Cases 35-12 and 68-15 and to accept the Affidavits of Non -Compliance and issue the Order imposing a fine for Case 43-15. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 48-12 Request for Lien Reduction — Cont'd from 10/28/15, Cont'd to 12/16/15 Clearwater Espacio Dev LLC 1100 Cleveland Street Abandoned Building - Brown Case 48-12 was continued to December 16, 2015. 6.2 Case 06-12 Request for Lien Reduction Dimitrios Kapetanopoulos 705 Court Street Exterior Surfaces — Brown Attorney Brian Aungst, representing the Respondent, reviewed efforts by Paradise Ventures to construct a Walgreens on this site. The site's Development Agreement expires in September 2016. Attorney Aungst said an agreement between the City, property owner, and purchaser was negotiated to reduce the lien amount. Contingencies in the agreement required closing by January 29, 2016 and for new owner, Paradise Venture, to raze the structure or bring the property into compliance by April 15, 2016, and pay a fine reduced to administration costs of $3,156.67 by April 15, 2016. Attorney Aungst thanked staff for their hard work and commitment to bring the properties into compliance. Property Owner/Respondent Dimitrios Kapetanopoulos thanked the board and staff for helping resolve issues with the property. Code Enforcement 2015-11-18 20 Attorney Smith said an Affidavit of Compliance must be issued before the reduced lien amount could be paid. Attorney for the Board Andy Salzman advised the board to approve entering into an agreement with the Respondent, subject to terms and conditions in the agreement. Attorney Smith submitted composite exhibits. Member Schultz moved to enter into the agreement with the Respondent subject to terms and conditions in the agreement. The motion was duly seconded and carried unanimously. Consensus was for Vice Chair Carothers to sign the agreement in place of Chair Johnson. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on November 18, 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 terms and conditions of the agreement between the City and Respondent indicated the property will be in compliance by April 15, 2016, 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 23, 2012, as recorded in O.R. Book 17612, Pages 1059 - 1062 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$3,156.67 payable to the Petitioner by April 15, 2016. If the property is not in compliance, according to the terms and conditions of the agreement between the City and Respondent, and the reduced lien amount is not paid within the time specified in this Order, a lien of$259,200.00, plus a $200.00 per day fine which continues to accrue until the property meets compliance, shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 18th day of November 2015, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: CRAIG RECKLEY 1210 N MYRTLE AVE PNU2015-00928 10-29-15-65718-001-0020 $320.00 ANITA K MESSEMER 1455 S RIDGELANE CIR PNU2015-00997 02-29-15-88201-000-0870 $525.32 MORROW, RICHARD T EST 2474 BURNICE DR PNU2015-01042 19-29-16-92340-002-0170 $335.99 GERMAN PEREZ-BELLOD FELICIDAD SERRANO Code Enforcement 2015-11-18 21 2341 STAG RUN BLVD 07- 29 -16- 16862 - 000 -2290 PNU2015 -01086 $334.09 WENDY AYOUB NASSER AYOUB 1432 ROGERS ST PNU2015 -01329 14- 29 -15- 10854- 005 -0190 $364.24 TRENT D WHITTER 1724 HARBOR DR PNU2015 -01337 03- 29 -15- 01926- 004 -0080 $495.00 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 3:11 p.m. Attest: Chair, Municipal Code forcement Board Secretary to the Code Enforcement 2015 -11 -18 22