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09/22/2004 MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER September 22, 2004 Present: Sheila Cole Chair Joyce Martin Vice-Chair L. Duke Tieman Board Member George Krause Board Member Douglas J. Williams Board Member Richard Avichouser Board Member Absent: Jay Keyes Board Member Also Present: Bryan Ruff Assistant City Attorney Andrew Salzman Attorney for the Board Mary K. (Sue) Diana Secretary for the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall. 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. 1. PUBLIC HEARINGS A. Case 11-04 – Cont’d from 5/26/04 and 8/25/04 R&R Comfort Suites 1941 Edgewater Drive Development – Ruud This case was continued to October 27, 2004. B. Case 15-04 Dexter Properties 1068 Eldorado Avenue Short Term Rental - Hall No representative for Dexter Properties was present. Board Secretary Diana reported service on the notice of hearing had been obtained. In response to questions from Assistant City Attorney Bryan Ruff, Development Services Manager Bob Hall reported he first inspected the property on April 14, 2004, and found evidence the property was used as a short-term rental. He issued and sent a Notice of Violation on April 16, 2004, by certified mail. He reinspected the property on June 10, 2004, and again found evidence the property was used as a short-term rental. According to County records, a homestead exemption has not been filed for the property. Mr. Hall took photographs of the property on June 7, July 7, July 12, July 21, and July 28, 2004, showing different vehicles at the Code Enforcement 2004-09-22 1 residence. A web site for the property advertises weekly rates that fluctuate according to season. The Code prohibits advertising residential properties in the City for weekly rentals and renting residential properties for less than 31 days. Mr. Ruff submitted City Exhibits 1 - 10, including photographs of the property taken by Mr. Hall. Planning Director Cyndi Tarapani identified the subject property’s zoning as LMDR (Low- Medium Density Residential), according to the Zoning Atlas Amendment. She reviewed the Code’s definitions for “dwelling unit” and “overnight accommodations.” Short-term rentals for less than one-month, or 31 days, in residential neighborhoods never have been legal. Ordinance #7105-03 was enacted to clarify that this use is not permitted in a residential zoning district. Mr. Ruff submitted City Exhibits 11 – 13. Mr. Hall recommended a finding of guilt and that the property comply by this weekend or a $250 per day fine be imposed. He said this property has been added to the short-term rental litigation. Attorney for the Board Andy Salzman requested additional time to prepare related paperwork before a fine is imposed. It was indicated the property has not changed hands since the 1980s. Ms. Tarapani said the ability to rent residential property for short-terms cannot be “grandfathered” as the use never was legal. In response to a question, Mr. Salzman the property owner’s position is unknown as no one is present to make an argument. He said a decision would not set precedent as the board considers each case separately. It was recommended the board allow more time for compliance out of consideration for tourists who may have booked future accommodations at the property. Chair Cole passed the gavel to Vice-Chair Martin. Chair Cole moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on September 22, 2004, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Development Services Manager Bob Hall and Planning Director Cynthia Tarapani for City, Respondent was not present and had no representation, and viewing the evidence, City Exhibits 1 - 12, (Ex. 1 – notice of violation; Ex. 2 – certified mail return receipt for notice of hearing; Exs. 4-5 – applicable code sections; Ex. 6 - affidavit of violation and request for hearing; Ex. 7 – notice of hearing; Ex. 8 – rental advertising notice; Ex. 9 – composite photographs; Ex. 10 – zoning atlas page 238A; Ex. 11 – code section re definitions; and Ex. 12 – Ordinance 7105-03) it is evident the property is in violation of the City code. The home at 1068 Eldorado Avenue is being rented on a weekly basis and is not a permitted use in an LMDR (Low Medium Density Residential) zoning district. Code Enforcement 2004-09-22 2 CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 1-104-B of the Community Development Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation by October 30, 2004. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before October 30, 2004, the Respondent may be ordered to pay a fine in the amount of one hundred and no/100 dollars ($100) per day for each day the violation continues beyond October 30, 2004. If Respondent does not 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 or personal property owned by the Respondent pursuant to Chapter 162 of the Florida Statutes. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. motion The was duly seconded. Discussion ensued regarding the fine, with support expressed for a $250 fine and a recommendation the fine be imposed immediately to discourage this activity. It was stated the City ultimately will need to abide by the court’s decision. Mr. Salzman said the City feels violations have occurred and that grandfathering is not an issue. He recommended providing the property owner 10 days to correct the violation. Member Tieman moved to amend the motion as follows: It is the Order of the Board that the Respondent is to correct the aforesaid violation by October 10, 2004. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before October 10, 2004, the Respondent may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($250) per day for each day the violation continues beyond October 10, 2004. Code Enforcement 2004-09-22 3 motion The to amend was duly seconded. Members Tieman, Krause, Williams, and Vice-Chair Martin voted “Aye”; Member Avichouser and Chair Cole voted “Nay.” Motion to carried amend . Upon the vote being taken for the amended motion, Members Tieman, Krause, Williams, and Vice-Chair Martin voted “Aye”; Member Avichouser and Chair Cole voted “Nay.” Motion carried . Vice-Chair Martin passed the gavel back to Chair Cole. C. Case 16-04 Gemal Agaj & Floresha Agaj 530 Rodgers Street Residential Rental License - Shawen This case was withdrawn as it now is in compliance. 2. UNFINISHED BUSINESS Mr. Hall was wished a Happy Birthday. 3. OTHER BOARD ACTION/DISCUSSION A. Request to address board re reduction of fine Case 09-04 Brett L. Fisher 699 Bay Esplanade Lien Amount - $14,500 – Coccia Applicant Brett Fisher said after he purchased this property, City inspectors ordered him to meet Code by removing several walls, correcting the electrical system, etc. He said repairs were more expensive and took longer than anticipated. He said he has a contract to sell the property. Building Construction Inspector Mike Coccia said the structure has passed inspection and is in compliance with FEMA (Federal Emergency Management Authority). Board Secretary Sue Diana reported administrative costs related to this case are $500. Other City costs are $2,494.94, for a total of $2,994.94. Mr. Coccia reported Mr. Fisher has been cooperative. Member Tieman moved to reduce the fine related to Case 09-04 for 699 Bay Esplanade motion from $14,500 to $3,000, payable within 10 days. The was duly seconded. Members Tieman, Krause, Williams, and Avichouser voted “Aye”; Member Martin and Chair Cole voted carried “Nay.” Motion . 4. NEW BUSINESS Mr. Hall reported a code enforcement training course is scheduled in Lakeland, Florida on October 29, 2004. Information will be distributed to board members interested in attending. Member Tieman was thanked for his service to the Municipal Code Enforcement Board and the City of Clearwater. His term expires the end of October. Code Enforcement 2004-09-22 4 5. NUISANCE ABATEMENT LIEN FILINGS - None. . 6. APPROVAL OF MINUTES -August 25,2004 Member Tieman moved to approve the minutes of the regular meeting of August 25, 2004, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT: The meeting adjourned at 3:41 p.m. A-z ~ Chafr Municipal Code Enforcement Board ~ Secr ry to the Board . . Code Enforcement 2004-09-22 5