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12/16/2015 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER December 16, 2015 Present: Chair Sue A. Johnson, Vice Chair Wayne Carothers, Board Member Duane Schultz, Board Member Michael J. Riordon, Board Member Joseph A. Nycz, Board Member Robert Prast Absent: Board Member James E. Strickland Also Present: Brian Durham —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague —Secretary to the Board, Patricia O. Sullivan — Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES 2.1. Approve minutes of the November 18, 2015 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the November 18, 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 PUBLIC HEARINGS 4.1 Case 104-15— Continued from 11/18/15—Withdrawn Richard & Josephine Drago 2485 Moore Haven Dr. Public Health, Safety or Welfare Nuisance— Lopez Case 104-15 was withdrawn. 4.2 Case 105-15—Withdrawn Pinellas Dental Arts 706 S Ft. Harrison Ave. Excessive Signage/Attached Signs/Signage without Permits Case 105-15 was withdrawn. 4.3 Case 106-15 Nestor Lira 59 Acacia St. Fences &Walls — Brown Code Enforcement 2015-12-16 1 No one was present to represent the owner. Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on October 20, 2015, following the first inspection. The violation at 59 Acacia Street related to fence maintenance. Property photographs on October 20, November 10, and December 15, 2015 showed the dilapidated decorative fencing was partially collapsed and had missing slats and detached stringers. Inspector Brown had no communication with the property owner. Roy Pearl said the property was unoccupied and declining since he moved next door in 2010. He expressed concern that debris on the property harbored rats and snakes. He requested the City investigate the hazardous, unmaintained backyard swimming pool that was accessible through a broken gate. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Brown recommended compliance by January 15, 2016 or a fine of$100 per day be imposed. In response to a question, she said the City had other liens on the property. Assistant City Attorney Matt Smith submitted composite exhibits. Concern was expressed the property had ongoing problems and a higher fine was appropriate. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before January 15, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 16, 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: decorative fencing is dilapidated and in complete disrepair with missing slats, detached stringers, and collapsed portions. 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) 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, & 3-808.A.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair and/or replace all damaged sections and elements of decorative picket fencing or entirely remove the decorative fence to comply with said Section(s) of the Code by the deadline, January 15, 2016. The fine is $250.00 per day for each and every day the violation continues past the date set for compliance. Code Enforcement 2015-12-16 2 Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 16th day of December 2015, at Clearwater, Pinellas County, Florida. 4.4 Case 107-15 Christopher& Delores Torunski 1483 Park St. Parking Lot Surfaces — Fletcher No one was present to represent the owner. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on May 8, 2015, following the first inspection. The violation at 1483 Park Street related to the deteriorated driveway/parking area surface which lacked required permanent paving materials. Property photographs on November 11 and December 4, 2015 showed cracks and deterioration of the driveway/parking surfaces and large portions of missing pavement. She said a representative of the company that owned the property initially said repairs would be made. Both rental units were occupied. Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Fletcher recommended compliance by January 18, 2016 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 January 18, 2016. If the Respondent does not comply within the time specified, the Code Enforcement 2015-12-16 3 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 December 16, 2015, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: parking lot/driveway surfaces are deteriorated, dilapidated, and lack required permanent paving materials. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation 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 repair the parking/driveway area, then resurface/repave it with an approved permanent all-weather paving material to comply with said Section(s) of the Code by the deadline, January 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 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 16th day of December 2015, at Clearwater, Pinellas County, Florida. 4.5 Case 108-15 Gary E Rossi Code Enforcement 2015-12-16 4 1352 Jeffords St. Exterior Surfaces/Exterior Storage —Alston No one was present to represent the owner. Inspector Trava Alston provided a PowerPoint presentation. A notice of violation was issued on September 11, 2015, following the first inspection, which was made in response to a complaint. The 2 violations at 1352 Jeffords Street related to exterior storage and surfaces. Property photographs on September 8, November 4, and December 4, 2015 showed the outdoor storage of wood, fencing, PVC, construction materials, gasoline cans, 5-gallon buckets, and debris and exterior surfaces with failing and peeling paint and exposed and deteriorating wood and fascia. Mr. Alston said he had explained the Code Enforcement process to the property owner, who said he had health problems. Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Alston recommended compliance by February 1, 2016 or a fine of$150 per day per violation be imposed. A violation re overgrowth was corrected. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before February 1, 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 December 16, 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 have damaged, failing, and peeling paint, exposed and deteriorating wood and fascia, and the outdoor storage of wood, construction materials, cinderblocks, gasoline cans, fencing, PVC, 5-gallon buckets and debris. 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, 3-1502.G.1, 3-1502.G.2, & 3-1502.G.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all peeling and declining paint from exterior surfaces, repaint the structure where needed, replace all rotted and deteriorated wood, stain and/or paint all exposed wood, and remove the exterior storage of all construction materials, furnishings, debris, and other items not intended for outdoor use to comply with said Code Enforcement 2015-12-16 5 Section(s) of the Code by the deadline, February 1, 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 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 16th day of December 2015, at Clearwater, Pinellas County, Florida. 4.6 Case 109-15 John & Katarina Bursic 205 Brightwater Dr. Apt 105 Short Term Rental — Phillips No one was present to represent the owner. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on October 9, 2015, following the first inspection. The violation at 205 Brightwater Drive Apt 105 related to an illegal short-term rental. Property photographs on November 10, 2015 showed the exteriors of the Brightwater Point Condominium building and Unit 105. She reviewed Community Development Code Article 8— Definitions and Rules of Construction: "A residential use located on residentially zoned property shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less." Inspector Philips said in September 2015, Larry Miller, resident and owner of a Brightwater Point Condominium unit, Secretary/Treasurer of the Brightwater Point Condominium Association, and Board of Directors' representative requested to file a complaint with the City. Mr. Miller submitted a copy of the August 11, 2015, Brightwater Point Condominium Association Notice of Non-Compliance, mailed to property owners John and Katrina Bursic and Damian and Danica Nikic of Ontario, Canada and to Paul VonFeldt of Florida Beach Rentals. The notice stated Unit 105 had been rented short-term in June, July, and August in violation of Brightwater Code Enforcement 2015-12-16 6 Point Condominiums' condo documents which reflect City Code limits re short-term rentals. He said he visited Mr. VonFeldt at his office re Association concerns and presumed the illegal practice would stop. Mr. Miller also submitted copies of 2 Florida Beach Rentals' issued parking passes for Unit 105 dated July 4— 11 and October 3— 17, 2015 and a copy of a Florida Beach Rentals' invoice, billing Kay Hughes $3,392.48 for the October 3 - 17, 2015 rental of Unit 105. Inspector Phillips said the property owner had called, admitted to the violation, and said short- term rentals of the unit would cease. The property was in compliance. Inspector Phillips requested a declaration of violation. Concerns were expressed that Florida Beach Rentals should have informed the property owners that Code prohibited short-term rentals and the firm should face penalties for facilitating violations. Code Compliance Manager Terry Teunis said staff would contact the State, which had a mechanism to investigate Realtors. 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 December 16, 2015, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Community Development Code Section(s) 1-104.113 & 3-919 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues, beginning with the date the notice of violation is issued. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the Code Enforcement 2015-12-16 7 hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board 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 16th day of December 2015, at Clearwater, Pinellas County, Florida. 4.7 Case 110-15— Repeat Violation Cedar House LLC 302 Cedar St. Short Term Rental - Phillips Andrew Irick presented a letter stating he represented Charmene Prescott. He said he was revising the rental agreement to prevent future violations. He did not admit to nor deny the violation. Inspector Julie Phillips and Private Investigator Constantine Janus provided a PowerPoint presentation. A notice of repeat violation was issued on November 9, 2015, following inspection. Inspector Phillips reviewed Community Development Code Article 8— Definitions and Rules of Construction: "A residential use located on residentially zoned property shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less." Inspector Phillips said the repeat violation at 302 Cedar Street related to an illegal short-term rental. On November 20, 2013, the MCEB (Municipal Code Enforcement Board) determined the property had violated the Code re short-term rentals and the property had been brought into compliance prior to the meeting. In September 2015, the City received multiple complaints that the subject property was rented short-term and Inspector Phillips referred the case to Private Investigator Constantine Janus to investigate. PI Janus said from September 3 through 22, 2015 he performed internet searches and found the property was advertised as a 30-day vacation rental. On September 22, 2015, PI Janus called the telephone number on the website; Charmene Prescott returned his call. He advised her he saw the listing on the internet and his family member wanted to rent the home for 1 week in late October. Ms. Prescott said she could adjust the normal monthly fee for a 1-week stay and made an appointment to show him the property. On September 25, 2015, PI Janus met her at the subject property. Ms. Prescott indicated she lived in the cottage onsite and she and her husband planned to purchase the property. PI Janus said he negotiated a rental price of$500 a day and Ms. Prescott emailed him a rental agreement that day for$3,500 for 7 nights plus a $500 refundable security deposit. Property photographs on September 25, 2015 showed the front of the house, its interior and swimming pool. Property photographs on November 9, 2015 showed the front of the house. Copies of the contract and rental agreement for a short-term rental from October 23—30, 2015 Code Enforcement 2015-12-16 8 were submitted. Inspector Phillips said the property's BTR (Business Tax Receipt) was issued for monthly rentals. In response to a question, Inspector Phillips said Betsy Steg was still the property's owner. Jamie Blackstone said she lived next door to the subject property which had been a party house for 10 years, with short-term renters acting rowdy, playing music so loud it rattled her windows, launching fireworks that endangered her roof, releasing dangerous dogs that severely injured her cat, and hurling insults at her. She said Ms. Prescott had offered to replace her roof if she would not complain about the renters. She recounted 11 short-term rentals of the property between February and August 2015. Mr. Irick said he had no reason to doubt the inspector and neighbor. He said he became involved with the property in March 2015 to review the advertising and had told Ms. Prescott he did not want to be connected with anything illegal. He said he had modified the rental agreement and would discuss website issues with Ms. Prescott. It was stated that Ms. Prescott was a tenant of property owner Betsy Steg, who was responsible for the property. Concern was expressed that Ms. Steg was an attorney and had known for many years that renting her property short-term was illegal. A large fine was recommended. Member Nycz moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case and committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Phillips said the property was in compliance and recommended a fine of$500 for holding out the property for rent on September 25, 2015 with a rental agreement for an illegal short-term rental. Internet advertising offered the property for rent for a minimum of 30 days in violation of Code. Attorney Smith reviewed Florida Statute requirements re repeat violations. Discussion ensued re need to impose an extremely large fine. Mr. Teunis said Ms. Blackstone's testimony under oath would be sufficient for the Board to impose a fine for each day short-term rentals had occurred. Concern was expressed that a $500 fine was a minor expense when the property owner was collecting $500/night rent. Attorney Smith said the City had only given notice for one repeat violation: Florida Statue required the City to notice the property owner for each repeat violation. It was recommended that the City meet with Ms. Blackstone, verify the dates of illegal short- term rentals, and notice the property owner for each repeat violation. It was felt it would be nitpicking to cite the property owner for advertising a rental for 30 days versus 31 days. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order that a fine of$500 be imposed for the time the violation existed. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2015-12-16 9 This case came before the City of Clearwater Municipal Code Enforcement Board on December 16, 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 the property was offered for an illegal short-term rental in violation of the City of Clearwater Community Development Code. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 3-2103, 1-104.113 & 3-919 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on November 20, 2013, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$500.00 ($500.00 daily fine) for September 25, 2015, when the repeat violation occurred. The Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein within 5 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. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the 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 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 16th day of December 2015, at Clearwater, Pinellas County, Florida. 4.8 Case 111-15— Repeat Violation Janet Bombard & Michael Trapuzzano 964 Mandalay Ave. Short Term Rental - Phillips No one was present to represent the owner. Code Enforcement 2015-12-16 10 Inspector Julie Phillips provided a PowerPoint presentation. A notice of repeat violation was issued on November 10, 2015, following inspection. The violation at 964 Mandalay Avenue related to a repeat short-term rental. She reviewed Community Development Code Article 8— Definitions and Rules of Construction: "A residential use located on residentially zoned property shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less." Inspector Phillips said on February 25, 2015, the MCEB issued an order finding the subject property in violation of the Code re short-term rentals. The property came into compliance on April 10, 2015, and the MCEB accepted a Notice of Compliance on April 22, 2015. Beginning November 9, 2015, the property was advertised on the internet for rent for less than 31 days. Prima facie evidence: Screenshots of vacation rental websites on November 9, 10, 12, and 13, 2015— property offered for weekly rentals listing nightly rates, websites had calendar overlap, and availability calendar was updated on November 7, 2015. Property photographs on November 10, 2015 showed the front of the house. The property owned did not contact Inspector Phillips. 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 committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Phillips recommended a fine of$500 per day be imposed for repeat violations on November 9, 10, 12, and 13, 2015 for a total fine of$2,000. Concern was expressed that repeat fines did not hurt property owners who collected large sums of money from illegal short-term rentals. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order that a fine of$2,000 be imposed for repeat violations on November 9, 10, 12, and 13, 2015, payable in 30 days. 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 December 16, 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 the property was advertised for an illegal short-term rental in violation of the City of Clearwater Community Development Code. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 1-104.113 & 3-919 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on February 24, 2015, and therefore, committed a repeat violation. Code Enforcement 2015-12-16 11 ORDER It is the Order of this Board that the Respondent(s) pay a fine of$2,000.00 ($500.00 daily fine) for the time period November 9, 10, 12, and 13, when the repeat violations occurred, payable by January 15, 2016. The Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein within 5 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. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the 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 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 16th day of December 2015, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 44-15 Affidavit of Non-Compliance Edwart& Elena Papadami 307 Avanda Ct. Parking Lot Surfaces — Fletcher 5.2 Case 45-15 Affidavit of Non-Compliance 309 Avanda Land Trust 309 Avanda Ct. Parking Lot Surfaces/Exterior Surfaces— Fletcher 5.3 Case 46-15 Affidavit of Non-Compliance 311 Avanda Land Trust 311 Avanda Ct. Parking Lot Surfaces/Exterior Surfaces— Fletcher 5.4 Case 47-15 Affidavit of Non-Compliance Constance & Trevor Toenjes 859 Bruce Ave. Ext Surfaces & Lot Clearing — Phillips Code Enforcement 2015-12-16 12 5.5 Case 79-15 Affidavit of Non-Compliance Bay Area Infectious Disease Center 1407 Gulf-to-Bay Boulevard Exterior Surfaces — Fletcher 5.6 Case 91-15 Affidavit of Non-Compliance Michael Plunkett 205 S San Remo Ave. Exterior Surfaces — Fletcher 5.7 Case 43-15 Affidavit of Compliance Herculano De La Cruz 107 N Duncan Ave. Lot Clearing/Hauling Trailer in ROW— Fletcher 5.8 Case 48-15 Affidavit of Compliance Louis Developments LLC 462 East Shore Dr. Parking Permit/Parking Surfaces— Phillips 5.9 Case 49-15 Affidavit of Compliance Louis Developments LLC 463 East Shore Dr. Parking Permit/Parking Surfaces— Phillips 5.10 Case 50-15 Affidavit of Compliance Judith D. McCleskey 1308 Arden Ave. Hazardous Tree— Crandall 5.11 Case 66-15 Affidavit of Compliance 1459 Pierce St Land Trust Trustee Co Tre 1459 Pierce St. Exterior Surfaces/Roof Maintenance—Weaver 5.12 Case 67-15 Affidavit of Compliance Trust No 1462 Land Trust Service Corp Tre 1462 Franklin St. Parking Lot Surfaces —Weaver 5.13 Case 73-15 Affidavit of Compliance Louis Doering III & Lynne A Tittle 1373 Pierce St. Exterior Surfaces — Brown 5.14 Case 74-15 Affidavit of Compliance Bobby W Hall 201 S Evergreen Ave. Exterior Surfaces — Brown Code Enforcement 2015-12-16 13 5.15 Case 75-15 Affidavit of Compliance Stephen Casucci 1305 Pierce St. Exterior Surfaces — Brown 5.16 Case 76-15 Affidavit of Compliance Diocese of St. Petersburg 1305 Franklin St. Windows Maintenance/Exterior Surfaces— Brown 5.17 Case 79-15 Affidavit of Compliance Bay Area Infectious Disease Center 1407 Gulf-to-Bay Boulevard Fences— Fletcher Member Schultz moved to accept the Affidavits of Compliance for Cases 43-15, 48-15, 49-15, 50-15, 66-15, 67-15, 73-15, 74-15, 75-15, 76-15 and 79-15 and to accept the Affidavits of Non- Compliance and issue the Orders imposing fines for Cases 44-15, 45-15, 46-15, 47-15, and 79- 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 January 27, 2016. 6.2 Case 35-12 Request for Lien Reduction An Pham & Minh Dam 1601 N Osceola Ave. Door &Window Opening/Exterior Surfaces/Roof Maintenance/Fences &Walls — Devol Hoa Lien presented a letter stating he represented property owner Minh Dam. He discussed problems the property owner had and said he worked with Mr. Teunis to correct all of the violations. Inspector Diane Devol provided a PowerPoint showing photographs of the property before and after repairs. The property was in compliance. The City supported reduction of the $174,450 fine to administration costs of$2,367.20. Member Schultz moved to enter an order reducing the lien for Case 35-12 to administration costs of$2,367.20, 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 December 16, 2015, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. Code Enforcement 2015-12-16 14 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 September 26, 2012, as recorded in O.R. Book 17748, Pages 1315 - 13178 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$2,367.20 payable to the Petitioner by January 15, 2016. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$174,450.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 16th day of December 2015, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: T C 12 LLC 1205 N GARDEN AVE PNU2015-01052 09-29-15-65466-000-0190 $427.62 REBECCA THUDIN 1051 NOKOMIS ST PNU2015-01108 03-29-15-59598-005-0580 $444.49 SALT LIFE LAND TRUST 1742 SUNSET DR PNU2015-01211 04-29-15-61488-012-0020 $380.86 ALBERT R LAYNE 1718 DRUID RD PNU2015-01263 14-29-15-08460-000-0040 $402.47 WORLD CAPITAL CORP 14 IDLEWILD ST PNU2015-01300 05-29-15-16362-003-0010 $323.74 ALBERT R LAYNE 1718 DRUID RD PNU2015-01325 14-29-15-08460-000-0040 $319.50 30 DAYS REAL ESTATE CORP THE 1140 PALM BLUFF ST PNU2015-01434 10-29-15-33552-006-0520 $364.20 BETHEL CHRISTIAN CENTER CHURCHINC 1001 MARSHALL ST PNU2015-01460 10-29-15-61758-002-0060 $320.00 Code Enforcement 2015-12-16 15 BETHEL CHRISTIAN CENTER CHURCH INC 1003 MARSHALL ST 10- 29 -15- 61758- 002 -0070 PNU2015 -01461 $344.76 BETHEL CHRISTIAN CENTER CHURCH INC 1007 MARSHALL ST PNU2015 -01462 10- 29 -15- 61758- 002 -0081 $344.76 TC12 LLC 201 S SAN REMO AVE PNU2015 -01536 14- 29 -15- 10476- 004 -0150 $467.30 DONALD EICHER III DEBBIE F ANDERSON 1446 SAN JUAN CT PNU2015 -01538 14- 29 -15- 10476- 008 -0020 $356.10 30 DAYS REAL ESTATE CORP THE 404 PUMPKIN TRUST 1404 TAFT AVE PNU2015 -01625 10- 29 -15- 51948- 002 -0060 $320.00 VERDELL C LITTLES 907 SEMINOLE ST PNU2015 -01629 10- 29 -15- 69138- 008 -0130 $355.29 STEPHEN P PREZA 1266 SANTA ROSA ST PNU2015 -01642 15- 29 -15- 38574 - 009 -0150 $337.48 VERDELL C LITTLES 907 SEMINOLE ST PNU2015 -01692 10- 29 -15- 69138- 008 -0130 $419.00 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 3:10 p.m. Attest: Chair, M,,�r1 !pal Code Enforcement Boa ,A:. ,I ' CI I. !. _ 4 c etary to the ::oard Code Enforcement 2015 -12 -16 4 LISttE' 16