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03/23/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 23, 2016 Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon, Board Member James E. Strickland, Board Member Duane Schultz, Board Member Sue A. Johnson, Board Member Robert Prast Absent: Board Member Joseph A. Nycz Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague —Secretary to the Board, 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 February 24, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the February 24, 2016 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 17-16 Clearwater Collection 15 LLC Clearwater Plainfield 15 LLC 21750 US Highway 19 Comprehensive Sign Program —Weaver No one was present to represent the Respondent. Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on December 4, 2015, following the first inspection. The violation at 21750 US Highway 19 related to the freestanding sign's non compliance with Development Order SGN2006-07008. Property photographs on March 11, 2016 showed the two nonconforming lower face panels did not have white backgrounds and red content as required by the order. The new property owner, Code Enforcement 2016-03-23 1 unaware of this requirement, had advised tenants that the nonconforming face panels were allowed. Planning & Development Assistant Director Gina Clayton said property owners could request amendments to development orders. Staff was working with the property owner and considering amending the comprehensive sign program. Member Riordon 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 Weaver recommended compliance by April 25, 2016 or a fine of$150 per day be imposed. The property owner was cooperative. 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 April 25, 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 March 23, 2016, 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: two panels on the sign's face do not comply with a condition of Development Order SGN2006- 07008 that permitted the freestanding sign. 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) 3-1808 & 4-1008.E, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall replace all altered face panels with face panels that have white backgrounds and red content as approved in Development Order SGN2006-07008 or modify the face panels according to new approvals, if they are granted through the Comprehensive Sign Program Amendment CSP2006-07008B submitted March 15, 2016 to comply with said Section(s) of the Code by the deadline, April 25, 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 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. Code Enforcement 2016-03-23 2 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 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 4.2 Case 18-16 Victor S Cicero 405 S Martin Luther King Jr. Avenue Exterior Surfaces/Grass Parking — Fletcher Victor and Carol Cicero were present. Ms. Cicero said the violations had been cleared up. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on December 17, 2016, following the first inspection. The 2 violations at 405 S. Martin Luther King Jr. Avenue related to exterior surfaces and parking on grass and unpaved area. Property photographs on December 21, 2015 and February 22, 2016 showed deteriorating paint on exterior surfaces and vehicles parked on grass and the unpaved lot next door. Property photographs on March 21, 2016 showed the building was painted, all vehicles were removed from unpaved areas, and the grass was cut. She requested the board issue a Declaration of Violation. The property owners were thanked for cleaning up the property. Ms. Cicero said family health issues and miscommunication with the tenant had delayed compliance. She said she and her husband had operated a business on the property for 40 years and owned the lot next door. She said she would review parking requirements with the staff and requested the opportunity to remove illegally parked vehicles before a notice of violation is issued. Code Compliance Manager Terry Teunis said staff had a relationship with the respondents, who had a problem tenant. Staff worked with property owner before bringing cases to the board. Attorney Smith submitted composite exhibits. Member Strickland moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, 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. Code Enforcement 2016-03-23 3 It was felt the motion should not mention the $500 daily fine for repeat violations. Attorney for the Board Andy Salzman said the motion stated the Board had the option to impose fines up to $500 daily for repeat violations and including that information in the order provided notice to respondents re consequences of repeating violations. Upon the vote being taken, Members Strickland, Schultz, Johnson, and Prast and Chair Carothers voted "Aye"; Member Riordon voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on March 23, 2016, 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) 3-1502.113, 3-1403.113.1, & 3-1407.A.7 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues, beginning with the date the notice of violation is issued. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 23rd day of March 2016, at Clearwater, Pinellas County, Florida. Code Enforcement 2016-03-23 4 4.3 Case 19-16 Peters Clearwater 1180 Cleveland Blvd LLC 1167 Grove St. Exterior Surfaces — Fletcher Property owner representative Jake Gerlach, with Colliers International Real Estate, admitted to the violation. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on November 3, 2015, following the first inspection. The violation at 1167 Grove Street related to exterior surfaces. Most vines on the 3 apartment buildings had been removed. Property photographs on February 4, 2016 showed soffits and roof edges had rotted wood and the 3 buildings had declining paint, weeds growing up them, and hanging vines. Mr. Gerlach said the owner, who lived out of town, had hired him last Friday to oversee necessary repairs; the previous employee did not complete the job. He said work would begin tomorrow and requested 30 days to complete the project. Member Riordon 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 April 7, 2016 or a fine of$150 per day be imposed. Mr. Teunis said an April 22, 2016 compliance date was reasonable. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before April 22, 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 March 23, 2016, 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 have rotted wood and declining, chipping, and peeling paint. 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) 3-1502.113, 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 rotted wood and pressure wash and repaint all three buildings to comply with said Section(s) of the Code by the Code Enforcement 2016-03-23 5 deadline, April 22, 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 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 4.4 Case 20-16 —Continue to April 27, 2016 Ronald Balow 1117 Pierce St. Exterior Surfaces Case 20-16 was continued automatically to April 27, 2016. 4.5 Case 21-16 Matthew S Grams & Bonita L Tye 602 Oberlin Dr. Residential Grass Parking/Hauling Trailer—Stewart Property owner Bonita Tye admitted to the violation. Inspector AIIie Stewart provided a PowerPoint presentation. The City received complaints re a business operating out of the residence and multiple vehicles and inoperable boats on the property. Notices of violation were issued on December 28, 2015 and February 17 and 18, 2016, following the first inspection. The 2 violations at 602 Oberlin Drive related to inappropriate ground cover and parking on an unpaved area and grass. Crushed shell was an inappropriate parking surface and ground cover. A property photograph of the backyard taken through a fence opening on December 28, 2015, showed a commercial truck parked on crushed shell and one taken on January 26, 2016 showed a hauling trailer parked on crushed shell. Property photographs taken on January 26 and February 4 and 17, 2016 showed pickup trucks parked on crushed shell next to the driveway and in the right-of-way. Property photographs on February Code Enforcement 2016-03-23 6 16, 2016 showed a boat and trailer parked in the backyard, which was covered with crushed shell. Property photographs on March 15, 2016 showed new grass ground cover next to the driveway and in the right-of-way and crushed shell covering the backyard. Ms. Tye's witness Robert Snow said 10 years ago the City approved the crushed shell ground cover in the backyard and it should be allowed to remain. He said crushed shell was environmentally friendly and it could only be seen by people standing on a ladder. Mr. Teunis said approvals required written documentation. Had staff approved a crushed shell ground cover, setback requirements would have been enforced and crushed shell would not cover the entire backyard. Code prohibited parking large commercial vehicles on residential property. He recommended the property owner meet with zoning staff re a permitted parking surface for the backyard. Ms. Tye said she planned to sell the house. She said vehicles were on the property in December after the business closed. She said the commercial vehicle on the property yesterday was delivering sod. Member Riordon 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 Stewart recommended compliance by April 22, 2016 or a fine of$150 per day per violation be imposed. Mr. Snow requested an additional month to comply. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before May 23, 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 March 23, 2016, 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: inappropriate ground cover and parking on grass and an unpaved area. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Community Development Code Section(s) 3-1407.A.7, 3-1407.A.5, 3-1407.A.3.a, 3-1407.A.2.c, 3-1407.A.3.c, 3-1502.11-11.1, 3- 1502.H.2, & 3-1204.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2016-03-23 7 It is the Order of the Board that the Respondent(s) shall remove all crushed shell and replace it with sod, remove all vehicles from the back yard unless a permit is obtained for an approved surface and installed to comply with said Section(s) of the Code by the deadline, May 23, 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 Allie Stewart, 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 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 4.6 Case 22-16 Basiaga Helena Est. 1437 Spring Ln. Exterior Surfaces/Roof Maintenance— Knight No one was present to represent the Respondent. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on January 4, 2016, following the first inspection. The 2 violations at 1437 Spring Lane related to exterior surfaces and roof maintenance. Property photographs on January 4, 11, and 28, 2016 showed rotted soffits, stained roof and exterior surfaces, and peeling and chipped paint. Property photographs on February 16 and March 2, 2016 showed work underway. Property photographs on March 8, 2016 showed the property was in compliance. Inspector Knight requested a declaration of violation Attorney Smith submitted composite exhibits. Member Schultz moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent Code Enforcement 2016-03-23 8 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 March 23, 2016, 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) 3-1502.113, 3-1502.D.1, & 3-1502.13.3 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s)to pay a fine of up to $500.00 for each day the repeat violation continues, beginning with the date the notice of violation is issued. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 4.7 Case 23-16 Rick Pluta 1596 S Prospect Ave. Exterior Storage/Grass Parking/Public Health, Safety or Welfare Nuisance/Lot Clearing — Alston Property owner Rick Pluta did not admit to or deny the violations. Code Enforcement 2016-03-23 9 Inspector Trava Alston provided a PowerPoint presentation. A notice of violation was issued on January 8, 2016, following the first inspection. The 4 violations at 1596 S. Prospect Avenue related to exterior storage of construction materials, items not intended for outdoor use, and an accumulation of debris and overgrowth, parking on grass and unpaved areas, a public health, safety or welfare nuisance, and outdoor storage of inoperable vehicles. Property photographs on September 17 and 24, October 23, 2015, January 4 and February 9, 2016 showed deteriorated and collapsing fencing with missing boards and the exterior storage of an exterior door, buckets, some filled with stagnant water, a plastic container, car parts, tools, car seats, a washing machine and dryer, construction debris, chemicals, tires, gasoline cans, a vehicle hood, and other items not intended for outdoor use plus numerous vehicles, boats and jet skis on trailers, and a hauling trailer parked on unpaved surfaces around the property. Some vehicles, boats, and trailers were inoperable. On February 9, 2016, the top of a boat was visible behind a repaired section of fence. Property photographs through a fence opening on October 23, 2015, January 4 and February 9, 2016 showed a hazardous aboveground swimming pool with stagnant, opaque, unfiltered water. Inspector Alston said by January 4, 2016 the Respondent had made efforts to bring the property into compliance and requested an additional month to comply. The property owner denied him access to the property on February 9, 2016. In response to questions, Inspector Alston estimated he visited the property 20 times and explained the violations to the property owner on numerous occasions. Inspector Julie Phillips accompanied him once and also explained the violations to the property owner. Staff had encouraged voluntary compliance. Mr. Pluta said grass parking on his property was necessary because he and many neighbors did not have driveways. He said 18 years ago, he purchased the commercial property with its house, and 2-car and 6-car garages. He said 2 years ago, Inspector Franco told him he needed to store all vehicles behind the privacy fence. He said all of the vehicles and 80% of the outdoor storage were gone. He said his health problems limited how much work he could do. He said he did not run a business from his home. Concern was expressed the deteriorating fence did not protect children from the hazardous swimming pool. Mr. Pluta said his family used the swimming pool and it would be cleaned soon. He said he stored several race cars in the back of his double lot property. He said he and his neighbors parked their vehicles where their driveways should be located. Mr. Teunis said the citizen guide Mr. Pluta referenced did not list all Code requirements. He recommended Mr. Pluta meet with zoning staff re a permitted parking surface for the backyard and adding a driveway. In response to a question, Mr. Pluta said he denied Inspector Alston access to his backyard out of concern for his 4th amendment and state Constitutional rights. He said it was government intrusion to go behind his 6-foot privacy fence. He said no one would notice violations on his property without looking through gaps in his fence. It was stated that Code Enforcement could not determine if a property was in compliance without access and while Mr. Pluta was justified to protect his rights, Clearwater residents had the right to live in Code compliance neighborhoods. Code Enforcement 2016-03-23 10 Member Riordon 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 April 22, 2016 or a fine of$150 per day be imposed. Mr. Pluta said he was still confused re parking requirements and requested 60 days to comply. He said it was not safe to park his vehicles on the street overnight. He said the pool would be cleaned in 30 days or less. Mr. Teunis expressed concern re dangers associated with the unsafe pool and said staff had worked with Mr. Pluta for a long time; he supported Inspector Alston's recommendation. Discussion ensued with comments that the City had worked with Mr. Pluta for almost 6 months, cleaning the pool was important, and Mr. Pluta should take ownership of the violations and resolve them. It was recommended that Mr. Pluta's health issues be considered. Attorney Smith submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before April 22, 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. Members Strickland, Riordon, Schultz, Johnson, and Prast voted "Aye"; Chair Carothers voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on March 23, 2016, 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: exterior storage of construction materials, items not intended for outdoor use, and an accumulation of debris and overgrowth, grass parking and parking on unpaved area, a hazardous swimming pool, which is a public health, safety or welfare nuisance, and outdoor storage of inoperable vehicles. 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.G.1, 3-1502.G.2, 3-1502.G.3, 3-1403.113.1, 3-1503.113.5, 3-1503.113.7, 3- 1503.B.6, 3-1503.A, & 3-1503.113.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all items stored outside that are not intended for outdoor use, including construction materials, remove all vehicles from the grass and any unpaved area, clean or drain the swimming pool and maintain it regularly, remove all inoperable, discarded, and dismantled vehicles, all appliances, tires, automobile Code Enforcement 2016-03-23 11 parts, all debris and trash from the property and maintain the grass on a regular basis to comply with said Section(s) of the Code by the deadline, April 22, 2016. The fine is $150 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 4.8 Case 24-16 Frank & Isabelle Blainey 3172 Wessex Way Fences &Walls/Public Health, Safety or Welfare Nuisance— Harris Property owner Frank Blainey said he was not properly noticed and requested the case be continued; today's hearing notice was mailed to the house he sold 5 years ago. He said he provided Inspector Harris with his current address on February 1, 2016 and recently updated his records with the Property Appraiser. He said he just became aware of today's hearing. Inspector Christin Harris reviewed State noticing requirements. Attorney Smith said the City was not responsible for the property owner not updating his address with the Property Appraiser. Secretary to the Board Nicole Sprague said she sent notice of today's hearing to the address she had, the one listed by the Property Appraiser. Inspector Harris said she had posted the property with notice of today's hearing on March 11, 2016. Attorney for the Board Andy Salzman said the City had met Florida Statute requirements and provided sufficient notice. Inspector Christin Harris provided a PowerPoint presentation. She forwarded copies of all her paperwork directly to the Respondent after he gave her his current address. Notices of violation were issued on January 8 and 26, 2016, following the first inspection. The 2 violations at 3172 Wessex Way related to fence maintenance and a hazardous, rancid swimming pool, which is a public nuisance and smells. Property photographs on January 7, 2016 showed the fence was Code Enforcement 2016-03-23 12 leaning, the pool enclosure gate was open, and the bottom of the swimming pool could not be seen through the algae and unfiltered water. Property photographs on January 19, 2016 showed ripped screening on the pool enclosure gate and no change to the hazardous swimming pool. A property photograph on January 20, 2016 showed the fence's gate was ajar and could not be locked, allowing access to the hazardous swimming pool. On February 1, 2016, the property owner said he would fix the fence and the pool. Property photographs on February 4, 2016 showed the fence had broken boards and the gate was broken. A neighbor, concerned for his children's safety, secured the fence with a 2 by 4 board. Property photographs on March 22, 2016 showed no changes to the pool cage and hazardous swimming pool. Mr. Blainey said he had been working on his rental property and since the gate was secured by a neighbor, the pool only could be reached through the house. He said the grass was cut and he put chlorine in the pool, but it was still green. He requested 30 days to fix the pool and perhaps longer to repair or replace the fence. Joanne Linkner said she lived behind the subject property and had to install a security system due to problems with property tenants since 2009, which included late night parties and bricks thrown at her house. She said the subject house had been abandoned since September and her husband boarded the gate after learning their young child and friends played hide and go seek by the hazardous pool. She said she wanted her neighborhood back. Hal Snyder said he had lived next door to the subject property for 8 months and the property owner had said he would fix the property each time they spoke, but nothing happened. He said the City had to spray his yard for mosquitoes from the hazardous pool. He said the property's fence leaned towards his house and a large dead tree near the street could pose danger. Mr. Blainey apologized to his neighbors, stating he did not know there were problems with his tenants and he would provide his phone number to neighbors. 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 Harris said the Land Resource Specialist would inspect the tree. She recommended compliance re the hazardous swimming pool by March 30, 2016 and re the fence by April 7, 2016 or a fine of$150 per day per violation be imposed. Discussion ensued regarding dangers associated with the hazardous pool and the time it would take to repair/replace the fence. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation regarding the swimming pool on or before March 30, 2016 and to correct the violation regarding the fence on or before April 14, 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. Concern was expressed that the fence should not take so long to repair, especially since the property owner already had sufficient time to make repairs. Code Enforcement 2016-03-23 13 Upon the vote being taken Members Strickland, Riordon and Chair Carothers voted "Aye"; Members Schultz, Johnson, and Prast voted "Nay." Motion failed. Mr. Blainey said he wanted to solve the problem but needed to find out if the fence had to be repaired or replaced. He said he thought the safety issue had been resolved when the neighbor screwed the gate shut. Member Riordon moved to enter an order requiring the Respondent to correct the violation regarding the swimming pool on or before March 30, 2016 and to correct the violation regarding the fence on or before April 10, 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. Members Strickland, Riordon and Chair Carothers voted "Aye"; Members Schultz, Johnson, and Prast voted "Nay." Motion failed. Mr. Blainey said he would accept the City's recommendation. Member Riordon moved to enter an order requiring the Respondent to correct the violation regarding the swimming pool on or before March 30, 2016 and to correct the violation regarding the fence on or before April 7, 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 March 23, 2016, 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: fence maintenance and a hazardous swimming pool, which is 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) 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, & 3-1503.113.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall clean the swimming pool so the water is clear and does not present an odor or health hazard to comply with said Section(s) of the Code by the deadline March 30, 2016 AND repair and/or replace the fence to comply with said Section(s) of the Code by the deadline April 7, 2016. The fine is $150.00 per day per violation for each and every day each violation continues past the dates set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Christin Harris, 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 Code Enforcement 2016-03-23 14 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 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 4.9 Case 25-16 — Repeat Violation 1429 Laura Street LLC 1330 Parkwood St. Exterior Storage— Devol Brooke Railey said she was an owner of the property under a LLC and admitted to the violation. Inspector Diane Devol provided a PowerPoint presentation. The violation at 1330 Parkwood Street related to the repeat exterior storage of appliances and items not intended for outdoor use. Property photographs on March 24, 2015 showed multiple appliances and parts packed into the back and side yards. On March 25, 2015, the Board issued an order finding the property in violation of the Code re exterior storage. Property photographs on April 24, 2015 showed the back and side yards cleared; Inspector Devol filed an Affidavit of Compliance. Inspector Devol said on February 8, 2016, the City received a complaint. Property photographs on February 8 and 10, 2016 showed multiple washing machines and a lamp, tables, pallets, etc. in the back yard. A Notice of Repeat Violation was generated on February 10, 2016 and sent to the property owner. Photographs on February 19, 2016 showed outdoor storage of a lamp, buckets, filled cardboard boxes, bins, dollies, tires, etc. in the back yard. A property photograph of the driveway on February 11, 2016 showed a pickup truck with attached magnetic signs reading "Appliance Repair& Sale," "Free Scrap Metal & Appliance Removal," and "Computer Sales & Repair," agitators and miscellaneous appliance parts piled in the truck bed, and a washing machine strapped on the rear. Property photographs on February 21, 2016 showed a lamp, buckets, bins, etc. in the back yard and the pickup truck in the driveway with a washing machine strapped to it and an increased amount of items in the truck bed. Inspector Devol said the tenant, who was cordial, ran a scrapping business. She said the business' pickup truck regularly was loaded with parts and appliances. Code Enforcement 2016-03-23 15 Inspector Devol said while the repeat violation was documented for 3 days, beginning February 8, 2016, the City was unable to generate a notice of violation until February 10, 2016. She recommended a one-day fine for a repeat violation. Ms. Railey said she had not seen the property photographs and had not asked what the tenant did for a living. She said the tenant had a storage facility and she would provide a shed for the children's toys. Member Prast moved to find the Respondent(s) 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 Devol recommended a fine of$500 for February 10, 2016, when the repeat violation was observed, photographed, and repeat violation notice sent. She and Mr. Teunis requested the board rule that future repeat violations at this property will result in an automatic $500 per day fine. The violation was corrected. She said to meet compliance, the furniture and pallets in the backyard needed to be removed and the yard needed to be kept clean and clear of items not to be stored outside, especially appliances. Attorney Salzman said the board could not require future boards to impose specific fine amounts. Ms. Railey said she understood compliance requirements. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order that a fine of$500 be imposed for a violation on February 10, 2016, the time the repeat violation existed, payable within 30 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 per day for each day the violation exists. The motion was duly seconded. Concern was expressed that a $500/daily fine seemed high and it was difficult for the property owner to keep track of the rental property. Attorney Salzman said the board could impose fines of up to $500. Attorney Smith said this was the second case today involving property owners who did not regularly inspect their rental properties. Upon the vote being taken, the motion carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on March 23, 2016, 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 exterior storage of appliances and other miscellaneous items not intended for outdoor use occurred in violation of the City of Clearwater Community Development Code. The Respondent(s) was/were present. CONCLUSIONS OF LAW Code Enforcement 2016-03-23 16 The Respondent(s) was/were in violation of Code Section(s) 3-1502.G.1, 3-1502.G.2, & 3-913 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on March 25, 2015, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$500.00 for February 10, 2016, when the repeat violation occurred, payable by April 22, 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 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 60-15 Affidavit of Non-Compliance Edward R Mack 1465 Pierce St. Exterior Surfaces/Door &Window Openings —Weaver 5.2 Case 101-15 Affidavit of Non-Compliance Frederick S. Bachmann 1425 Gulf to Bay Blvd. Exterior Surfaces/Windows Maintenance— Brown 5.3 Case 106-15 Affidavit of Non-Compliance Nestor Lira 59 Acacia St. Fences &Walls — Brown Code Enforcement 2016-03-23 17 5.4 Case 03-16 Affidavit of Non-Compliance Walker, Zelphia Est. 1305 Fairmont St. Door &Window Openings/Exterior Surfaces/Portable Storage Units - Devol 5.5 Case 04-16 Affidavit of Non-Compliance Jeremy Seitman 1512 S Washington Ave. Exterior Surfaces -Alston 5.6 Case 06-12 Affidavit of Compliance Dimitrios Kapetanopoulos 705 Court Street Exterior Surfaces —Schaar 5.7 Case 01-16 Affidavit of Compliance Laura L. & Bruce W. Campbell 515 Casler Ave. RV Between Structure and Street ROW- Espinosa 5.8 Case 04-16 Affidavit of Compliance Jeremy Seitman 1512 S Washington Ave. Exterior Surfaces -Alston 5.9. Case 05-16 Affidavit of Compliance Matthew David Mullett 3001 St. Croix Dr. Vehicle Between Structure and ROW/Boat Parking/Boat Trailer/Unpaved Grass Parking - Harris 5.10 Case 06-16 Affidavit of Compliance Richard W. Kern & Carrie L. Bishop 2086 Druid Park Dr. N Clean Roof— Cantrell 5.11 Case 08-16 Affidavit of Compliance Keith A. & Gabrielle M. Allman 832 Eldorado Ave. Waterfront Sight Visibility Triangle - Brown Member Schultz moved to accept the Affidavits of Compliance for Cases 06-12, 01-16, 04-16, 05-16, 06-16, and 08-16 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 60-15, 101-15, 106-15, 03-16, and 04-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS Code Enforcement 2016-03-23 18 6.1 Cases 59-06, 60-06, 61-06, 62-06, 63-06, & 64-06 Request for Lien Reduction Rehearing Gulf Direct Development LLC 1355, 1365, 1375 Drew Street & 116, 117, & 119 N. Evergreen Ave. Unsafe Building Attorney Daniel Todd Dean, representing the property owner, reviewed the history of the properties. He said liens were issued for each of the 6 addresses instead of for each of the 2 parcels outlined in the legal descriptions. He requested the lien reduction amount approved by the board in January be divided by 3 to reflect this discrepancy. Attorney Smith said a representative for the property owner was not present at the January 27, 2016 meeting. Assistant Building Official Tom Carrick said the City did not object to the reduction. Member Riordon moved to enter an order reducing the fines for Cases 59-06, 60-06, 61-06, 62- 06, 63-06, & 64-06 to administration costs of$4,565.77, payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. At the Rehearing held on March 23, 2016, the Municipal Code Enforcement Board considered the request for reconsideration of the lien reduction approved by the Board at the hearing held on January 27, 2016, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering this request for a further reduction of the lien and considering that the property is in compliance and that the previous lien reduction approval was based on 6 properties instead of the actual 2 parcels, it is evident that a further 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 October 25, 2006, as recorded in O.R. Book 15623, Pages 1252— 1257, and in O.R. Book 16039, Pages 543—544 of the public records of Pinellas County, Florida, is hereby reduced to estimated administration costs of$4,565.77 payable to the Petitioner by April 22, 2016. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$780,250.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 6.2 Case 36-15 Request for Lien Reduction N & M Investment Property LLC 809 Turner St. Exterior Storage/Exterior Surfaces - Fletcher Frank Aggio said the property was owned by 2 parties as N&M Investment Property, LLC; 1 party filed for Chapter 15 bankruptcy and descendents of the other party filed for bankruptcy. He said the property deteriorated after the party who cared for the property passed away. He said the vagrancy problem was handled. He said he spoke with Code Inspector Vicki Fletcher and began to clean up the property. He said outside wood rot and mold needed repair. He said Sam Karamountzos, d/b/a Odin Enterprises, Inc. had a contract to purchase the distressed property; the lender approved a short sale and Mr. Karamountzos hoped to close by May 30, 2016. He Code Enforcement 2016-03-23 19 said Mr. Karamountzos would bring the property into compliance within 60 days of the closing but he may need additional time. Attorney Smith said the Stipulation & Agreement between the City and purchaser included a requirement that the new property owner, Odin Enterprises, Inc., owned by Sam Karamountzos, would purchase the property by May 30, 2016 and bring the property into compliance within 60 days. He recommended approval of the agreement, which would reduce the original lien amount of $80,700, plus $300 daily accrual, to $1,973.20. Member Schultz moved to endorse the Stipulation & Agreement for Case 36 -15. 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 March 23, 2016, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of the lien and considering that the property will be in compliance according to the Stipulation and Agreement between the City of Clearwater and property owner, 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 July 22, 2015, as recorded in O.R. Book 18868, Page 782 -786 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $1,973.20 if the City issues an Affidavit of Compliance for the property not later than July 29, 2016, as indicated in the Stipulation and Agreement between the City of Clearwater and property owner and paid to the Petitioner not later than 30 days after the Affidavit of Compliance is issued, as indicated in the Stipulation and Agreement between the City of Clearwater and property owner. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount, plus accrual, shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 23rd day of March 2016, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: None 8. ADJOURN The meeting adjourned at 3:50 p.m. Attest: or Chaircipal Code Enforceme : Secretary to the Bo Code Enforcement 2016 -03 -23 oard 20