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05/25/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 25, 2016 Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon, Board Member James E. Strickland, Board Member Sue A. Johnson, Board Member Joseph A. Nycz, Board Member Robert Prast Absent: Board Member Duane Schultz 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 April 27, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the April 27, 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: Re Case 21-16, Robert Snell requested additional time to meet compliance. 4. PUBLIC HEARINGS 4.1 Case 20-16 —Cont'd from 3/23 &4/27/16. Cont'd to 6/22/16. Ronald Balow 1117 Pierce St. Exterior Surfaces - Fletcher Case 20-16 was continued automatically to June 22, 2016 4.2 Case 26-16 —Cont'd from 4/27/16. Withdrawn Anthony Calicchio 24 N Highland Ave. Residential Grass Parking/Hauling Trailer— Fletcher Case 26-16 was withdrawn. Code Enforcement 2016-05-25 1 4.3 Case 37-16 Robert& Crescensa Whitney 1618 N Ft. Harrison Ave. Non-Conforming Signs/Parking Lot Surfaces—Weaver Property owners Robert and Crescensa Whitney were present. Ms. Whitney said a contractor had made the repairs and she and her husband did not know why they were there. Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on January 14, 2016, following the first inspection. The 3 violations at 1618 N Ft. Harrison Avenue related to parking lot surfaces, off-street parking space striping, and a discontinued, non conforming sign. Property photographs on February 26, 2016 showed disintegrated parking lot surfaces with weeds, cracking and heaving, deteriorating wheel stops in the right-of-way on the sidewalk, and mold and mildew on the bulging face of the discontinued, non conforming sign. Inspector Weaver said on April 14, 2016, the property owners advised her the property was in compliance and they wanted to keep the sign. Inspector Weaver said the property looked better but did not meet Code. Property photographs on April 15, 2016 showed no change to the non conforming sign, the parking lot was repaved, and parking spaces were striped. However, the required permit was not pulled and parking lot repair efforts did not meet Code: 1) incorrectly sized parking space markings; 2) illegal handicapped parking sign; and 3) missing wheel stops. Inspector Weaver said on May 16, 2016, the City issued a permit to resurface and restripe the parking lot to meet Code requirements; the contractor said work would begin May 26, 2016. A Building Inspector must approve the completed project. Property photographs on May 23, 2016 showed the discontinued non conforming sign was removed. Ms. Whitney said they paid a contractor to repair the violations. She said the contractor said the small job did not require a permit. She said her husband was not well and they needed additional time. She said the City had to stop harassing them with letters and inspector contacts. She did not know the repairs did not comply with Code. Discussion ensued with comments that the City had contacted the property owners re violations on January 14, 2016, the City was not at fault for contractor errors, and had the property owners hired a contractor who obtained the permit and did the job correctly, the property owners would not have had to appear. 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 June 21, 2016 for the 2 parking lot violations or a fine of$150 per day per violation be imposed. Assistant City Attorney Matt Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before June 21, 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. Code Enforcement 2016-05-25 2 This case came before the City of Clearwater Municipal Code Enforcement Board on May 25, 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: parking lot surfaces and off-street parking space striping. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 6-104.113, 3-1804.D, 3-1403.A, 3-1502.K.4, & 3-1404.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall redo the parking lot surfaces and striping according to Code to comply with said Section(s) of the Code by the deadline, June 21, 2016. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Mary Jo Weaver, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 25th day of May 2016, at Clearwater, Pinellas County, Florida. 4.4 Case 38-16 Rachelle Juarez 1439 Jeffords St. Landscape/Residential Grass Parking —Alston Code Enforcement 2016-05-25 3 No one was present to represent the Respondent. Inspector Trava Alston provided a PowerPoint presentation. A notice of violation was issued on March 3, 2016, following the first inspection. The violation at 1439 Jeffords Street related to residential grass parking on a surface that lacked appropriate ground cover. Property photographs on January 28, 2016 showed a vehicle parked on a large dirt patch next to the driveway and tire tracks on the dirt patch. Property photographs on March 1, 2016 showed a large dirt patch next to the driveway and the remainder of the front yard in compliance. Property photographs on March 17, 2016 showed a number of potted plants on the large dirt patch next to the driveway. Property photographs on April 5, 2016 showed a vehicle parked on the large dirt patch next to the driveway. Property photographs on April 11 and 13, 2016 showed the large dirt patch had been seeded. Property photographs on May 12 and 18, 2016 showed the patch was being maintained and grass had begun to grow next to the driveway. Inspector Alston said the property was in compliance and requested the board issue a Declaration of Violation. 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, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 25, 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 Code Section(s) 3-1502.H.2 & 3- 1407.A.5 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). 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. 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 Code Enforcement 2016-05-25 4 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 25th day of May 2016, at Clearwater, Pinellas County, Florida. 4.5 Case 39-16 Walker, Richard Const Co. 1251 Sunset Point Rd. Lot Clearing — Knight No one was present to represent the Respondent. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on February 23, 2016, following the first inspection. The violation at 1251 Sunset Point Road related to the accumulation of trash and debris on the large property, creating a nuisance to the public welfare, safety, and health. Property photographs on February 23, 2016 showed a tent and a significant amount of trash and debris from multiple abandoned transient camps. Property photographs on March 7, April 4 and 20, 2016 showed the trash and debris remained. Property photographs on May 18, 2016 showed overgrowth beginning to cover the trash and debris. Mr. Knight said the City did not have a contractor to abate the violation. He had no contact with the property owner beyond the returned certified mail receipt. He was unable to locate the owner online. Member Prast 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 Knight recommended compliance by June 22, 2016 or a fine of$200 per day be imposed. Discussion ensued with a recommendation that a $250 per day fine was more appropriate as it would catch the property owners' attention and encourage them to clean the property. Concern was that children who play in the woods could be injured by the trash and debris. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before June 22, 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 May 25, 2016, after due notice to the Respondent(s), and having heard testimony under oath and Code Enforcement 2016-05-25 5 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: an accumulation of trash and debris on the property creating a nuisance to the public welfare, safety, and health. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.113.7, 3- 1503.A, & 3-1503.B.5.A, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all trash and debris from the property and maintain the property on a regular basis to comply with said Section(s) of the Code by the deadline, June 22, 2016. The fine is $250.00 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 Daniel Knight, 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 25th day of May 2016, at Clearwater, Pinellas County, Florida. 4.6 Case 40-16 —Cont'd to 6/22/16 John & Michele Homer 2377 Flint Lock Dr. Fences/Exterior Surfaces/Door &Window Openings —Stewart Case 40-16 was continued automatically to June 22, 2016 Code Enforcement 2016-05-25 6 4.7 Case 41-16 Deborah C. Ferguson 2418 Moore Haven Dr. Windows Maintenance/Exterior Storage/Exterior Surfaces/Fences — Harris Property owner Deborah Ferguson said many violations had been corrected; she was unsure about the other violations. Inspector Christin Harris provided a PowerPoint presentation. Notices of violation were issued on February 29 and March 15, 2016, following an anonymous complaint and the first inspection. The 4 violations at 2418 Moore Haven Dr. related to window maintenance, exterior storage, exterior surfaces, and fence maintenance. Since 2000, the City filed 5 cases for this property re fence maintenance and 16 cases for overgrowth. The City abated the overgrowth once and this year issued a Notice to Appear for overgrowth. Property photographs on February 29, 2016 showed the overgrowth abated and a broken window. Property photographs on March 15, 2016 showed exterior storage of a ladder, lawn mower, window panes, wooden props, buckets, a glass table top, piles of full trash bags, deteriorating soffit, mildew stains on exterior surfaces, and a leaning fence with missing slats. The City received a complaint that rats were seen near an open trash bag. Property photographs on April 1, 2016 showed the broken window. Property photographs on April 1 and 15, 2016 showed outdoor storage of a glass table top and window panes; the trash was removed. Property photographs on May 17, 2016 showed the exterior surfaces were repaired and painted; a window remained broken and the sagging, leaning fence had exposed nails and loose slats. Ms. Ferguson said the window was fixed and she needed to readdress the fence. She guessed it was in violation if the Inspector said so. She did not know how long repairs would take. 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 re window and fence maintenance. The motion was duly seconded and carried unanimously. Inspector Harris recommended compliance for the broken window and fence maintenance by June 25, 2016 or a fine of$100 per day per violation be imposed and requested a declaration of violation re exterior surfaces and outdoor/exterior storage. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations re window and fence maintenance on or before June 25, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$100 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 25, 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 Code Enforcement 2016-05-25 7 Based upon the testimony and evidence received, it is evident that 2 violations exist: windows/maintenance and fences and walls. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.C.3, 3-808, 3-808.A.1, 3-808.A.2, 3-808.A.3, 3-808.A.4, 3-808.A.5, & 3-808.A.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall replace the broken/damaged window on the south side of the structure and remove or repair/replace the fence so there are no rotted, loose, leaning or sagging boards and/or posts and replace missing, rotted, or loose slats to comply with said Section(s) of the Code by the deadline, June 25, 2016. The fine is $100.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 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 25th day of May 2016, at Clearwater, Pinellas County, Florida. 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 re exterior surfaces and exterior storage, those violations were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for those violations. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 25, 2016, after due notice to the Respondent(s), and having heard testimony under oath and Code Enforcement 2016-05-25 8 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 Code Sections 3-1502.G.2, 3- 1502.G.3 & 3-1502.113 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). 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. 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 25th day of May 2016, at Clearwater, Pinellas County, Florida. 4.8 Case 42-16 Marcos R. Rojas 812 Willowbranch Ave. Fences/Exterior Surfaces/Abandoned Building —Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell provided a PowerPoint presentation. Notices of violation were issued on December 17, 2015 and March 24, 2016, following the first inspection. The 3 violations at 812 Willowbranch Avenue related to a nuisance abandoned building creating a welfare and safety nuisance, fence maintenance, and exterior surfaces, door and window openings, and roof maintenance. Property photographs on March 8, 2016 showed missing fascia with rotten boards underneath, stained roof tiles in disrepair, a broken window, a leaning fence with broken posts, missing and rotten trim around windows, and a swimming pool abated with a mesh safety cover. Code Enforcement 2016-05-25 9 A property photograph on March 24, 2016 showed a large bee hive partially inside the structure that created a nuisance, was abated, but could return. A property photograph on April 10, 2016 showed a large portion of the fence was repaired. Inspector Cantrell said neighbors reported the property owner had moved out of the country. It appeared a bank was taking over the property and repaired the fence; the Property Appraiser continued to list Marcos Rojas as owner. Inspector Cantrell reviewed Code definitions for Abandoned Building and Nuisance. The property was declared a public nuisance. There was little or no response from the property owner. Utilities were disconnected and the property was vacant since March 2009. The Code violations, including the bee infestation, constituted a nuisance/abandoned building. 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 Cantrell requested a declaration of violation for the fence and recommended compliance for exterior surfaces and the abandoned building which created a welfare and safety nuisance by July 22, 2016 or a fine of$250 per day per violation be imposed. It was felt the City could act more quickly re abandoned properties. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations for the exterior surfaces and abandoned building, which created a welfare and safety nuisance on or before July 22, 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 May 25, 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: exterior surfaces, door &window openings, roof maintenance and nuisance abandoned building creating a welfare/safety nuisance. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3- 1502.C.1, 3-1502.C.3, 3-1502.D.3, 3-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9 & 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 repair or replace the fascia, wood around the windows, broken windows, and clean or replace the roof and remove all code Code Enforcement 2016-05-25 10 violations and maintain the property to comply with said Section(s) of the Code by the deadline, July 22, 2016. The fine is $250.00 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 Jason Cantrell, 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 25th day of May 2016, at Clearwater, Pinellas County, Florida. Member Prast moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case re fence maintenance, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for that violation. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 25, 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 Code Sections 3-808.A.1, 3- 808.A.2, 3-808.A.4 & 3-808.A.5 as referred to in the Affidavit in this case. ORDER Code Enforcement 2016-05-25 11 It is the Order of this Board that no fine will be imposed against the Respondent(s). 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. 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 25th day of May 2016, at Clearwater, Pinellas County, Florida. 4.9 Case 43-16 J & IWLLC 1004 Pineview Ave. Short Term Rental — Phillips Property owner Jimmy Walker admitted to the violation, stating he did not know short-term rentals were prohibited. Inspector Julie Phillips provided a PowerPoint presentation. The City received a complaint that the subject property was rented short-term and advertised on the internet as "The Paradise House." A BTR (Business Tax Receipt) for monthly rental of this property was active since June 2014. A notice of violation was issued on April 2, 2016, following the first inspection. The infraction at 1004 Pineview Avenue related to a short-term rental violation. Property photographs on May 12, 2016 showed the property's garage. Prima facie evidence: 1) Screenshots of vacation rental website on April 1, 2016— property offered for rent with nightly, weekly, and monthly rates, availability for less than 31 days, a customer review of a week-long stay in January 2016, and a calendar overlap showing availability for short-term rentals; 2) Screenshots of vacation rental website on May 23, 2016 — property offered for rent for 3-night minimum and a calendar overlap showing availability for short-term rentals. Ms. Phillips was able to reserve the property for a one week rental in October 2016; 3) Screenshots of vacation rental website on May 23, 2016— property for rent for 1 to 30-night stay (property owner had tried to amend website to minimum 31-night stay), a calendar overlap showing availability for short-term rentals, and customer reviews of short-term stays beginning in 2014. Inspector Phillips said according to 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. Code Enforcement 2016-05-25 12 Mr. Walker said the Realtor who sold him the property told him he could rent the house short- term. He said he learned that was incorrect when he received the City's letter. He said he would only rent the property according to the law and was working to correct the vacation rental websites, even if he had to cancel the advertisements. He said he never intended to break the law and would not be a repeat violator. Member Strickland 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 Phillips recommended compliance by June 4, 2016 or a fine of$250 per day be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before June 5, 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 May 25, 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: short term rental infraction. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-919 & 8-102, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall adjust all websites to show the 31-day or 1 calendar month requirement, whichever is less and remove all daily and weekly rates to comply with said Section(s) of the Code by the deadline, June 5, 2016. The fine is $250.00 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 Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing Code Enforcement 2016-05-25 13 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 25th day of May 2016, at Clearwater, Pinellas County, Florida. 4.10 Case 44-16 — Repeat Violation Amstin LLC 940 Eldorado Ave. Short Term Rental — Phillips Inspector Julie Phillips said the property owner admitted to the violation but was unable to attend today's meeting. Inspector Phillips provided a PowerPoint presentation. The violation at 940 Eldorado Avenue related to a repeat illegal short-term rental violation. On April 22, 2015, the MCEB (Municipal Code Enforcement Board) found the property in violation of Code re illegal short-term rental. On April 11, 2016, the City received a complaint that this property was advertised for rent on a vacation rental website for less than the 31 day or 1 calendar month requirement. Prima facie evidence: Screenshots of vacation rental website on April 11, 12, and 13— property offered for rent for a 7-night minimum with nightly rates listed, a calendar overlap showing availability for short-term rentals except in June and July, and availability calendar updated on April 12, 2016. Ms. Phillips was able to reserve the vacation property for August 19—27, 2016. Photographs on April 12, 2016 showed the property and the repeat violation posting. Inspector Phillips said according to 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 April 21, 2016, she received a call from the property owner, Mr. Cook, who apologized for renting for less than the 31 day or 1 calendar month requirement. He said he thought he could rent the property for a week if he blocked out the remainder of the month on the calendar because monthly rentals had been slow. He said he had the vacation rental website change the listing when he was advised of the Affidavit of Posting. Inspector Phillips said the website now was in compliance. Member Johnson moved to find the Respondent(s) was/is 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. Code Enforcement 2016-05-25 14 Inspector Phillips recommended a fine of$500/day be imposed for the repeat violation on April 12 and 13, 2016. Attorney Smith submitted composite exhibits. Attorney for the Board Andy Salzman said a fine could be imposed for each day the City was aware the repeat violation existed, even before the property was posted for the repeat violation. Member Riordon moved to enter an order that a fine of$500 per day (totaling $1,000) for violations on April 12 and 13, 2016 be imposed for the time the violation existed, payable within 30 days. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 25, 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 a short-term rental infraction occurred in violation of the City of Clearwater 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 April 22, 2015, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$1,000.00 ($500.00 daily fine) for the time period April 12 and April 13, 2016, when the repeat violation(s) occurred, payable by June 24, 2016. 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. 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 Code Enforcement 2016-05-25 15 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 25th day of May 2016, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 24-16 Affidavit of Non-Compliance Frank & Isabelle Blainey 3172 Wessex Way Fences &Walls — Harris 5.2 Case 34-16 Affidavit of Non-Compliance Dror Peled 2706 Landmark Dr. Residential Grass Parking — Harris 5.3 Case 19-14 Affidavit of Compliance Casey Simmons 612 S Hillcrest Ave. Residential Rental Business Tax Receipt— McMahan 5.4 Case 103-15 Affidavit of Compliance William Clarida 911 Druid Rd. Parking Lot Surfaces —Alston 5.5 Case 17-16 Affidavit of Compliance Clearwater Collection 15 LLC Clearwater Plainfield 15 LLC 21750 US Highway 19 Comprehensive Sign Program —Weaver 5.6 Case 19-16 Affidavit of Compliance Peters Clearwater 1180 Cleveland Blvd LLC 1167 Grove St. Exterior Surfaces — Fletcher Member Johnson moved to accept the Affidavits of Compliance for Cases 19-14, 103-15, 17-16, and 19-16 and to accept the Affidavits of Non-Compliance and issue Orders imposing fines for Cases 24-16 and 34-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 103-15— Request for Lien Reduction William Clarida 911 Druid Rd. Parking Lot Surfaces —Alston Property owner William Clarida said when he last appeared before the board, he thought he would be able to install crushed shell for drainage, similar to other properties in his Code Enforcement 2016-05-25 16 neighborhood, rather than a solid concrete surface he did not want. He said at the meeting he was told a solid surface was required for the multi-family structure. He said he hired a contractor the day after the meeting, had the property surveyed, and obtained a permit, which took a long time because the City would not allow him to install a second driveway on the single-family lot. He said he paid for the work and then his contractor had surgery. He said he called Inspector Alston on March 23, 2016 and asked what he should do. He said Code Compliance Manager Terry Teunis returned his call and told him to complete the project and then file for a lien reduction. He said the project, which cost him more than $6,000, was completed on May 5, 2016. He said he received City paperwork on May 11, indicating that a $150 a day fine had been imposed. Secretary to the Board Nicole Sprague said the MCEB had accepted the Affidavit of Non Compliance and issued an order imposing the fine for the property in April. The fine totaled $7,950. Administrative costs were $1,301.20. Mr. Teunis said the City supported a reduction of the fine to administrative costs. He said the property owner had not communicated with staff in a timely manner. Attorney Smith said City expenses related to the administrative costs. According to the Board's Rules & Regulation, "the amount of a fine or lien will not be reduced below administrative costs incurred by the City for the case."Attorney Salzman said the Board had adopted the Rules & Regulations. Respondents were obligated to work with the City and stay in contact with staff. Discussion ensued with a comment that staff should have considered extenuating circumstances and provided the home owner additional time to correct the violation. Inspector Trava Alston said Mr. Clarida called him after the Notice of Non Compliance was issued. He was not aware the property was non conforming. Mr. Clarida said he did not know he would not be able to easily obtain a permit and thought Code Compliance would be notified when the permit was pulled. He said he felt he was being bullied and raked over the coals. He said many nearby properties had crushed shell driveways and yards. It was noted the Board had granted the property owner 4 months to comply. Mr. Teunis said the property owner should have contacted the City prior to the compliance date to request an extension. Member Nyca moved to enter an order reducing the fine for Case 103-15 to administration costs of$1,301.20 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 May 25, 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 is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated April 27, 2016, as recorded in O.R. Book 19191, Pages 1383-1386 of the public records of Code Enforcement 2016-05-25 17 Pinellas County, Florida, is hereby reduced to administration costs of $1,301.20 payable to the Petitioner by June 24, 2016. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of $7,950.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of May 2016, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: NESTOR LIRA 59 ACACIA ST 05- 29 -15- 54666- 027 -0030 PNU2015 -01656 $369.37 TIMMONS, CHRISTINE E LIVING TRUST CHRISTINE TIMMONS 860 CASLER AVE PNU2015 -01915 11- 29 -15- 00903 - 000 -0600 $3,428.68 CHAPLIN, JACQUELINE EST 1000 GRANTWOOD AVE PNU2016 -00360 08- 29 -16- 99101- 009 -0180 $220.00 Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 1100 Cleveland Street Discussion ensued re 1100 Cleveland Street. It was hoped negotiations with a new owner would succeed. It was felt the City should not propose another lien reduction until the property owner drops its $3 million federal lawsuit against the City. Attorney Smith said the City was interested in the property being improved, not collecting fines. 8. ADJOURN The meeting adjourned at 3:10 p.m. Attest: Chair, IV4icipal Code Enforcement Board Sectetary to the Board Code Enforcement 2016 -05 -25 18