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02/23/2005 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 23, 2005 Present: Sheila Cole Chair Douglas J. Williams Vice-Chair George Krause Board Member Jay Keyes Board Member Richard Avichouser Board Member Absent: Joyce Martin Board Member Kelly Sutton Board Member Also Present: Bryan Ruff Assistant City Attorney Jenay Iurato Attorney for the Board Mary K. Diana Secretary for the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 3:23 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 05-05 Jeffrey Shaun Devries 1818 Beverly Circle Development - Brown Board Secretary Diana reported service on the notice of hearing had been obtained by certified mail. No one was present to speak on behalf of the respondent. In response to questions from Assistant City Attorney Bryan Ruff, Code Enforcement Inspector Shelby Brown said she first inspected the property on June 8, 2004, and reported Code violations: 1) large RV (recreational vehicle) in front yard and 2) hauling trailer in driveway. While the trailer has been removed, the RV has remained parked on the property for the past eight months. Following a June 14, 2004 courtesy letter, staff sent a Notice of Violation on August 24, 2004, and posted the property on January 12, 2005. Staff has spoken with property owner, Jeffrey Devries, via telephone and conference calls. In his correspondence, Mr. Devries stated that his medical problems require him to have access to the RV in its current location and requested a 12-month special accommodation. The Code does not feature this type of mechanism. Mr. Devries has taken no initiative to remove the RV. Ms. Brown recommended the property be brought into compliance within 30 days or a fine of $150 per day be imposed. Code Enforcement – 2005-02-23 1 Mr. Ruff submitted City Exhibits 1-7 including composite of photographs of the property taken on June 8, 2004, and February 22, 2005, by Ms. Brown. In response to questions, Ms. Brown said staff last received correspondence from Mr. Devries on February 9, 2005. Staff has offered Mr. Devries significant assistance and provided much time for compliance. Member Keyes moved that the Municipal Code Enforcement Board has heard testimony at its regular meetings held on February 23, 2005, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Inspector Shelby Brown for City, Respondent had no representation, and viewing the evidence, City Exhibits 1-7 [Ex. 1 – notice of violation; Ex. 2 – affidavit of posting; Ex. 3 – applicable code sections; Ex. 4 – property appraiser printout; Ex. 5 – affidavit of violation & request for hearing; Ex. 6 – notice of hearing; and Ex. 7 – composite photographs], it is evident the property is in violation of the City code in that a recreational vehicle is currently in the driveway which is not allowed. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sec. 3-1407.A.2.C of the Community Development Code of the 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 March 25, 2005. 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 March 25, 2005, the Respondent may be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day for each day the violation continues beyond March 25, 2005. 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 Code Enforcement – 2005-02-23 2 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 carried The was duly seconded and unanimously. B. Case 06-05 Norbert Heuser 941 Eldorado Avenue Short Term Rental – Hall Ms. Diana reported service on the notice of hearing had been obtained. No one was present to speak on behalf of the respondent. In response to questions from Mr. Ruff, Development Services Manager Bob Hall said following an undocumented telephone call, his investigation began on December 12, 2004, when he saw an advertisement in the St. Petersburg Times, offering the subject property for short-term rental. He sent a Notice of Violation to the property owner on December 20, 2004. A reply to an e-mail request listed short-term rental rates for the property. Mr. Hall said after he explained ordinance requirements to property owner, Norbert Heuser, Mr. Heuser indicated he would comply. His current lease agreement indicates monthly stays. Mr. Ruff submitted City Exhibits 1-10. Mr. Hall and Planning Director Cyndi Tarapani reviewed Code requirements related to short-term rentals and repeat violations. Mr. Hall recommended a violation be declared but no fine be imposed. He reported Mr. Heuser had other obligations and could not be present today. Member Williams moved that the Municipal Code Enforcement Board has heard testimony at its regular meetings held on February 23, 2005, 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 Cyndi Tarapani, for City, Respondent was not represented, it is evident the home at 941 Eldorado Avenue was being rented on a weekly basis. An overnight accommodation is not a permitted use in an LMDR (Low Medium Density Residential) zoning district. It is further evident that the condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent by reason of the foregoing was in violation of Section 1-104of the Community Development Code of the City of Clearwater, Florida. Code Enforcement – 2005-02-23 3 ORDER It is the Order of the Board that the Respondent is to continue compliance with said Section 1-104of the Community Development Code of the City of Clearwater. If Respondent repeats the violation, the Board may order the Respondent to pay a fine for each day the violation exists after the Respondent is notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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 violator pursuant to Chapter 162, Florida Statutes. 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 carried The was duly seconded and unanimously. 2. UNFINISHED BUSINESS – None. 3. OTHER BOARD ACTION/DISCUSSION A. Request re Reduction of Fine Case 11-04 R & R Comfort Suites 1941 Edgewater Drive Development - Ruud Lien Amount - $55,000 Attorney for the Board Jenay Iurato reported MCEB (Municipal Code Enforcement Board) rules provide the Board cannot reduce a fine for a repeat violation. Mr. Hall noted according to the Pinellas County property appraisal office, ownership of the property did not change between cited violations. Member Keyes moved to deny the request for a hearing for a fine reduction related to motion Case 11-04, R & R Comfort Suites, 1941 Edgewater Drive. The was duly seconded carried and unanimously. B. Municipal Code Enforcement Board Work Shop A MCEB workshop was scheduled for March 2, 2005, at 2:00 p.m. 4. NEW BUSINESS The March 23, 2005 MCEB meeting has been cancelled. Code Enforcement – 2005-02-23 4 . 5. NUISANCE ABATEMENT LIEN FILINGS: - None. 6. APPROVAL OF MINUTES - January 26, 2005 Member Keyes moved to approve the minutes of the regular meeting of January 26, 2005, as corrected by the Board Secretary. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT: The meeting adjourned at 4:05 p.m. .~~~ ,.i'Chair I Municipal Code Enforcement Board ~ttest: ~~ . . Code Enforcement - 2005-02-23 5