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08/24/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 24, 2016 Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon —arrived 1:38 p.m., Board Member James E. Strickland —arrived 1:38 p.m., 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 July 27, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the July 27, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded. Members Johnson, Nycz, Prast, and Chair Carothers voted "Aye." Motion carried. 3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None 4. PUBLIC HEARINGS 4.1 Case 46-16 —Cont'd from June 22 and July 27, 2016. Christine Riley & Stella Mazur 3319 San Bernadino St. Roof Maint./Ext. Surfaces/Door &Windows/Ext. Storage/Abandoned Bldg. —Stewart No one was present to represent the Respondent. Inspector Allie Stewart provided a PowerPoint presentation. Notices of violation were issued on April 14, May 3, and July 11, 2016, following the first inspection. The 6 violations at 3319 San Bernadino Street related to roof maintenance and clean roof, exterior surfaces, door and window openings and windows maintenance, exterior storage/construction material storage, yards and landscape areas, lot clearing violation, and abandoned building. Property photographs on August 11, 2016 showed the collapsed front porch ceiling, a broken garage door with mildew, debris and a tarp on the roof, missing soffit and fascia, hanging fascia, broken Code Enforcement 2016-08-24 1 and cracked windows, the back porch with construction materials on the floor from the failing ceiling and ripped and missing screens, a secured swimming pool, plywood and pallets on the ground, and bees, ants and an accumulation of yard debris covering the entire property. A screenshot from Clearwater Public Utilities indicated the property last had water service on March 4, 2010. Slides depicted numerous police calls for service to the property from November 2010 to April 2016. Inspector Stewart said a multiyear battle had waged between the bank and property owners. An out-of-state company, Safeguard, was managing the property. Two neighbors complained about unsafe conditions, mosquitoes, and vermin at the abandoned property and requested City help to rectify problems. Member Johnson 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 September 23, 2016 or a fine of$250 per day per violation be imposed. Concern was expressed that the building was unsafe. 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 September 10, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day for each day each violation continues to exist. The motion was duly seconded. Members Johnson, Nycz, Prast, and Chair Carothers voted "Aye." Members Strickland and Riordon were not present for the entire presentation and did not vote. Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on August 24, 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 6 violations exist: roof maintenance and clean roof, exterior surfaces, door and window openings and windows maintenance, exterior storage/construction material storage, yards and landscape areas/lot clearing violation, and abandoned building. 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.D.1, 3- 1502.D.3, 3-1502.113, 3-1502.C.1, 3-1502.C.3, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, & 3- 1502.13, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all debris on the roof, repair holes and leaks to make it watertight, and remove the tarp, remove all wooden pallets, drywall, rotten wood, bricks, concrete blocks, trash and debris from the property, pressure wash mildew Code Enforcement 2016-08-24 2 on the garage, repair ceiling on front porch and back patio/pool area where ceiling has rotten wood and disintegrated, repair all rotten fascia, replace front broken window by garage, secure, repair, replace or remove broken screens that enclose the pool, repair window on southeast side that does not close properly and cannot be locked, remove all dead vegetation and garden trash, mow, trim, weed and edge the lawn and flower beds, cut back overgrowth and maintain property to prevent unwanted guests and act as breeding ground for rodents, reptiles, and other vermin, comply with all outstanding code violations, maintain property to prevent further public nuisances, and occupy, sell, or raze the structure and maintain the vacant lot to comply with said Section(s) of the Code by the deadline, September 10, 2016. The fine is $250 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.2 Case 65-16 Luman & Tiffany Highsmith 309 N Hercules Ave. Residential Grass Parking/Exterior Storage/Inoperative Vehicle—Stewart Property owners Luman and Tiffany Highsmith were present. Inspector Allie Stewart provided a PowerPoint presentation. Notices of violation were issued on March 30 and May 11, 2016, following the first inspection. The 3 violations at 309 N Hercules Avenue related to residential grass parking, exterior storage, and an inoperative vehicle. Property photographs on May 9, 2016 showed items in the driveway, including auto repair tools. Property photographs on May 14, 2016 showed a hauling trailer and assorted items on the grass. Property photographs through an open gate on May 16, 2016 showed a truck and boat on a trailer parked in the backyard in high grass along with furniture, a bicycle, door, ladder, propane tanks, and other objects. Additional property photographs on May 16, 2016 showed a large grill, bicycle, propane tanks, and other items in the front yard. Property photographs on Code Enforcement 2016-08-24 3 June 14 and July 16, 2016 showed a multitude of items stacked in the driveway. Property photographs on July 18, 2016 showed a car, hauling trailer, and unregistered truck parked on the grass and multiple items and debris on the grass and in the driveway. Property photographs on July 27, 2016 showed 2 cars parked on the grass and a car parked in the right-of-way. Property photographs on August 4, 2016 showed a multitude of items in the front yard including a wheelbarrow and debris. Property photographs on August 22, 2016 showed multitude items stored in the driveway. Ms. Highsmith said they removed trash quickly; her husband, a handyman, took items to the dump every day or two. She said they had nowhere else to park the truck until its transmission was repaired. She said her property had no-street parking and her 4 children had to park on the front lawn when visiting. She said the backyard grass was cut. Inspector Stewart reviewed requirements for parking vehicles in the back yard. Member Nycz 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 September 23, 2016 or a fine of$150 per day per violation be imposed. Ms. Highsmith said as many as 20 people eat Sunday dinner at her house; parking issues did not occur daily. It was suggested that guests could park on side streets. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violations on or before September 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 August 24, 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 3 violations exist: grass parking and parking on an unpaved area, inoperative vehicle, nuisance, outdoor storage and outdoor construction material storage. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.113.1, 3- 1407.A.2, 3-1407.A.5, 3-1407.A.7, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1503.113.6, 3- 1503.B.7, as referred to in the Affidavit in this case. ORDER Code Enforcement 2016-08-24 4 It is the Order of the Board that the Respondent(s) shall remove all items not intended for outdoor storage, including construction materials, car machinery parts, paint cans, wood pieces, scrap metal, gasoline cans, appliances, interior furniture, tools, propane tanks, and large plastic construction buckets, obtain current registrations for all vehicles on the property and keep them updated or remove the vehicles from the property, and remove the vehicles from the back yard permanently and use only one grass parking spot parallel and adjacent to the driveway. If the owner s choose to park the boat in the backyard, the boat needs to be registered and a permit must be pulled to construct an approved parking surface to comply with said Section(s) of the Code by the deadline, September 23, 2016. The fine is $150.00 per day per violation for each and every day the violations continue 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.3 Case 66-16 Jeffery J Hillyer 1985 Beckett Lake Dr. Lot Clearing/Abandoned Bldg —Stewart No one was present to represent the Respondent. Inspector AIIie Stewart provided a PowerPoint presentation. Notices of violation were issued on May 4 and July 11, 2016, following the first inspection. The 2 violations at 1985 Beckett Lake Drive related to lot clearing and abandoned building. Property photographs on April 29, 2016 showed an affixed 2014 uninhabitable and dangerous structure City sticker, vegetation growing over the fence, shrubbery covering the walkway, and trash, debris, and a mailbox on the front porch. Property photographs on July 25, 2016 showed the front of the house. A property photograph on May 17, 2016 showed a contractor had secured the front door. An undated property photograph showed vegetation had knocked over a fence panel. A screenshot from Clearwater Public Utilities indicated the property last had water service on August 5, 2008. Code Enforcement 2016-08-24 5 Slides depicted 30 police calls for service to the property from June 2009 to March 2016. Inspector Stewart was unable to contact the property owner. The house was vacant. 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 September 23, 2016 or a fine of$250 per day per violation be imposed. Neighbors had complained about the property. Concern was expressed that mosquitoes hatching in the swimming pool could spread Zika. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violations on or before September 23, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$250 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 August 24, 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: public nuisance and abandoned building and lot clearing violation and yards and landscape areas . 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- 1502.H.3, 3-1503.A, 3-1503.113.1, 3-1503.113.2, 8-102, 3-1503.113.9, 3-1503.B.5.A, & 3-1503.113.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall occupy or rent the home, sell the property, or pull a permit to demolish the building and then maintain the vacant lot on a regular basis, remove all trash and debris from the front and back yard, cut down all overgrowth in the front and back yard, including over the fence, mow and edge the entire property, and maintain the landscaping and mow the lawn regularly in the front and back yards to keep it neat and clean in appearance and to keep away pests and vermin to comply with said Section(s) of the Code by the deadline, September 23, 2016. The fine is $250.00 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 Code Enforcement 2016-08-24 6 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.4 Case 67-16 Christine J Greenberg Greenberg, Michael Est. 3009 Oakmont Dr. Abandoned Bldg/Lot Clearing/Public Health, Safety &Welfare Nuisance/Door &Window Openings/Exterior Surfaces — Phillips No one was present to represent the Respondent. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on July 6, 2016, following the first inspection. The 4 violations at 3009 Oakmont Drive related to abandoned buildings, lot clearing, public health, safety &welfare nuisance (hazardous pool), door and window openings, and exterior surfaces. Neighbors had complained. A screenshot from Clearwater Public Utilities indicated the property last had water service on April 5, 2010. Inspector Phillips was in contact with Safeguard, contracted to maintain the property. Property photographs on July 5, 2016 showed the front of the house, overgrown backyard, landscaping debris, collapsing swimming pool cover, and a broken window. Property photographs on August 19, 2016 showed the front and side of the house, an auction sign, an upended propane gas tank, and no changes to the violations. Inspector Phillips said the property owner had died and she was unable to contact his widow, who lived in Largo. People had accessed the structure through the broken rear window and stripped the interior. The property was scheduled for auction in September. 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 Phillips recommended compliance by October 8, 2016 or a fine of$250 per day per violation be imposed. Code Enforcement 2016-08-24 7 Attorney Smith said the City would monitor the property after the auction. He submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before October 8, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$250 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 August 24, 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: abandoned building and nuisance conditions, overgrowth and accumulation of debris, hazardous pool, and doors and window. 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.A, 3- 1503.B.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9, 3-1502.11-11.3, 3-1503.113.7, 3-1503.113.5, 3-1503.A, 3-1503.113.1, 3-1503.113.3, 3-1502.C.1, 3-1502.C.3, & 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 sell or occupy the property, remove all cut vegetation from the property and maintain on a regular basis, secure the pool so that it is not accessible and secure it with a cover fabricated to not retain water, and replace the boarded window in the back of the property to comply with said Section(s) of the Code by the deadline, October 8, 2016. The fine is $250.00 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 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 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. Code Enforcement 2016-08-24 8 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.5 Case 68-16 — Repeat Violation Muhamed Faour 839 Lantana Ave. Short Term Rental - Phillips No one was present to represent the Respondent. Inspector Julie Phillips provided a PowerPoint presentation. After a neighbor's complaint, a notice of violation was issued on June 10, 2016, following the first inspection. The violation at 839 Lantana Avenue related to a repeat short-term rental. Inspector Phillips reviewed Code restrictions re short-term rentals and Florida Statute Chapter 162.04(5) definition of a Repeat Violation. Property owner Muhamed Faour was brought before the MCEB (Municipal Code Enforcement Board) on September 30, 2015 for a short-term rental at 937 Bruce Avenue. The Board found Mr. Faour in violation of the short-term rental ordinance and ordered him to correct the violation within 10 days. This violation was considered a repeat as the same ordinances were cited for 937 Bruce Avenue and the ownership was the same. The property's BTR (Business Tax Receipt) was issued for monthly rentals. Also presented was prima facie evidence: 1) June 6, 2016 screenshots of Airbnb website— property offered for rent for 2-night minimum stay and reviews reported short-term stays, 2) June 10, 2016 screenshots of Airbnb website— property offered for rent for 2-night minimum stay and weekly/monthly discounts; 3) June 11, 2016 screenshots of Airbnb website— property offered for rent for 2-night minimum stay. Inspector Phillips was able to book the property online for August 27 - 29, 2016 for $600 plus fees; 4) A property photograph on June 20, 2016 showed 2 out-of-state vehicles. A woman at the house indicated she was staying for 2 weeks; 5) Property photographs on July 15 and August 11, 2016 showed the front of the house. Inspector Phillips had explained the repeat violations to Mr. Faour. 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 and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Phillips said the property was in compliance. She recommended a fine of$500 per day be imposed for June 6— 11, 2016, when the repeat violations occurred for a total of$3,000. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order for a fine of$500 per day for each day the violation existed from June 6— 11, 2016 for a total of$3,000, payable within 30 days. The motion was duly seconded and carried unanimously. Code Enforcement 2016-08-24 9 This case came before the City of Clearwater Municipal Code Enforcement Board on August 24, 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 repeat violation of an illegal short-term rental 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, 8-102, 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 September 30, 2015, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$3,000.00 ($500.00 daily fine) for the time period from June 6 to June 11, 2016, when the repeat violation(s) occurred, payable by September 23, 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. 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.6 Case 69-16 — Repeat Violation Muhamed Faour 843 Lantana Ave. Short Term Rental — Phillips No one was present to represent the Respondent. Code Enforcement 2016-08-24 10 Inspector Julie Phillips provided a PowerPoint presentation. After a neighbor's complaint, a notice of violation was issued on June 10, 2016, following the first inspection. The violation at 843 Lantana Avenue related to a repeat short-term rental. Inspector Phillips reviewed Code restrictions re short-term rentals and Florida Statute Chapter 162.04(5) definition of a Repeat Violation. Property owner Muhamed Faour was brought before the MCEB on September 30, 2015 for a short-term rental at 937 Bruce Avenue. The Board found Mr. Faour in violation of the short-term rental ordinance and ordered him to correct the violation within 10 days. This violation was considered a repeat as the same ordinances were cited for 937 Bruce Avenue and the ownership was the same. The property's BTR was issued for monthly rentals. Also presented was prima facie evidence: 1) June 10, 2016 screenshots of Airbnb website— property offered for rent for 2-night minimum stay; 2) Property photographs on June 11 and August 11, 2016 showed the front of the house 3) June 11 and 21, 2016 screenshots of Airbnb website — property offered for rent for 2-night minimum stay; and 4) Property photographs on July 15, 2016 showed the front of the house and an out-of-state vehicle. A man at the house indicated he was staying for 2 weeks. 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 and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Phillips said the property was in compliance. She recommended a fine of$500 per day be imposed for June 10 —21, 2016 when the repeat violations occurred for a total of $6,000. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order for a fine of$500 per day for each day the violation existed from June 10 —21, 2016 for a total of$6,000, 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 August 24, 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 repeat violation of an illegal short-term rental 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, 8-102, 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 September 30, 2015, and therefore, committed a repeat violation. ORDER Code Enforcement 2016-08-24 11 It is the Order of this Board that the Respondent(s) pay a fine of$6,000.00 ($500.00 daily fine) for the time period from June 10 to June 21, 2016, when the repeat violation(s) occurred, payable by September 23, 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. 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.7 Case 70-16 —Withdrawn Grahm & Maria Coates 873 Island Way Exterior Storage— Brown Case 70-16 was withdrawn. 4.8 Case 71-16 H N D Devon LLC 162 Devon Dr. Waterfront Sight Visibility Triangle— Brown Property owner John Gianfilippo admitted to the violation. Inspector Shelby Brown provided a PowerPoint presentation. A notice of violation was issued on May 23, 2016, following the first inspection. The violation at 162 Devon Drive related to vegetation in the waterfront sight visibility triangle. Property photographs on May 20 and July 6, 2016 showed an opaque fence and vegetation in the waterfront sight visibility triangle. Property photographs on August 22, 2016 showed a Code compliant fence but vegetation remained in the waterfront sight visibility triangle. Mr. Gianfilippo said he tried to enhance his backyard to look nice for neighbors. He said the fence was replaced, the bushes trimmed, and the palm tree remained. He thought it looked pretty and did not think the plants blocked views of the water. He said all waterfront houses had Code Enforcement 2016-08-24 12 vegetation in the waterfront sight visibility triangle and requested that the small trees be allowed to remain. Code Compliance Manager Terry Teunis said according to Code, vegetation was not permitted in the waterfront sight visibility triangle. 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 Brown recommended compliance by September 23, 2016 or a fine of$100 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 September 23, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$100 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 August 24, 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: vegetation was installed within the waterfront sight visibility triangle. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-904.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all landscaping within the 20- foot sight visibility triangle to comply with said Section(s) of the Code by the deadline, September 23, 2016. The fine is $100.00 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 Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing Code Enforcement 2016-08-24 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.9 Case 72-16 J & S Foundation LLC 1104 Carlton St. Exterior Surfaces/Door &Window Openings — Devol No one was present to represent the Respondent. Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on May 16 and July 21 and 22, 2016, following the first inspection. The 2 violations at 1104 Carlton Street related to exterior surfaces and door and window openings. Property photographs on July 21 and 25, 2016 showed peeling paint and unfinished surfaces with plywood, particle board, and plastic, boarded windows, and an uninstalled window. The property was vacant. The owner reported he had not received his mail, he had run out of money, did not have funds to complete the project, and needed to decide what to do with the property. Member Johnson 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 Devol recommended compliance by September 30, 2016 or a fine of$100 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before September 30, 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 August 24, 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 2016-08-24 14 Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior surfaces and door and window openings and window maintenance. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.13, 3- 1502.C.1, & 3-1502.C.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall cover all areas of the structure's exterior with appropriate protective material and/or paint, remove all boards from window openings, and install windows where needed to comply with said Section(s) of the Code by the deadline, September 30, 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 Diane Devol, 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.10 Case 73-16 Huewitt, Laura J Est. 1118 Carlton St. Lot Clearing/Door&Window Openings/Exterior Surfaces/Inoperative Vehicle/Exterior Storage/Roof Maintenance— Devol Louis Cobb said Laura Huewitt was his mother. He planned to put the property in his name, clean it, and raze the house. He admitted to the violation. Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on May 19, June 13, and July 22 and 25, 2016, following the first inspection. The 6 violations at Code Enforcement 2016-08-24 15 1118 Carlton Street related to public health, safety and welfare nuisance, lot clearing, door and window openings, window maintenance, exterior surfaces, inoperative vehicle, exterior storage nuisance, and roof maintenance. Property photographs on May 6, 2016 showed significant mold and mildew on exterior surfaces, a wall starting to collapse, a sagging roof, rotting fascia, soffit, and wood, a broken window, and an inoperative truck, junk and trash in the yard. Inspector Devol said 5 flea infested animals lived in the rear of the property until Animal Control removed them. Property photographs on August 11, 2016 showed loose shingles on the roof and a boat on the ground. A property photograph on August 23, 2016 showed the front of the house. Mr. Cobb said his mother died in 2008. He said he hired someone to clean the yard. He said he was disabled and had been hospitalized for 12 surgeries. He said his nephew, who was supposed to maintain the vacant property, had thrown out his mail. He said he would have the truck scrapped. He said someone stole the boat trailer while he was in the hospital. In response to a question, Inspector Devol said Mr. Cobb had made his best effort to clean the yard. A Building Inspector was reviewing the structure's stability as the roof neared collapse. 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 Devol recommended compliance by September 30, 2016 or a fine of$100 per day per violation be imposed. It was stated the violations could not be repaired in 30 days. Mr. Cobb said he was getting help from Legal Aid to switch the property to his name so he could have the structure razed. He said he could get rid of the truck and boat and clean the yard. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before October 15, 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 August 24, 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 6 violations exist: public health, safety and welfare nuisance, outdoor storage nuisance, lot clearing, door &window openings and window maintenance, exterior surfaces, exterior storage, inoperative vehicle, and roof maintenance. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW Code Enforcement 2016-08-24 16 The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.113.7, 3- 1503.B.6, 3-1503.B.5.A, 3-1502.C.1, 3-1502.C.3, 3-1502.113, 3-1502.G.1, 3-1502.G.2, & 3- 1502.D.1 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair/replace all rotten wood, remove all mold and mildew and paint the entire exterior of the structure where necessary, repair the front window and all windows that are cracked or broken, remove all trash and debris including the boat, remove and properly dispose of all outdoor storage items, complete replacement of the roof, and remove pickup truck from back yard (vehicle must be operable and display a current registration sticker to be stored in the driveway) to comply with said Section(s) of the Code by the deadline, October 15, 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 Diane Devol, 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. The MCEB recessed from 3:18 to 3:26 p.m. 4.11 Case 74-16 Wade Clark Clark, Jeremiah Jr. Est. 1122 Carlton St. Exterior Storage/Exterior Surfaces/Roof Maintenance/Lot Clearing — Devol Property owner Wade Clark admitted to the violations. Inspector Diane Devol provided a PowerPoint presentation. Notices of violation were issued on May 23 and 24, and July 21, 2016, following the first inspection. The 4 violations at 1122 Carlton Code Enforcement 2016-08-24 17 Street related to exterior storage, exterior surfaces, roof maintenance, and lot clearing. Property photographs on May 6, 2016 showed the structure partially covered with a tar paper product, a wadded tarp on the roof, mold and mildew on exterior surfaces, vegetation growing on the structure, unfinished surfaces, and junk and debris in the yard. A property photograph on August 23, 2016 showed significant debris, junk, and construction materials in the yard. Mr. Clark said his father and grandmother built the house in the 1930s. He said his siblings had passed away and it fell on him to make repairs. He said the project was overwhelming but he could complete repairs in 3 or 4 weeks. Member Johnson 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 Devol recommended compliance by September 30, 2016 or a fine of$100 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before September 30, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$100 per day per violation or 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 August 24, 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 items not for outdoor use, exterior storage of construction materials, exterior surfaces, roof maintenance, accumulation & placement of nuisances, and lot clearing violation. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.1, 3- 1502.G.2, 3-1502.G.3, 3-1502.113, 3-1502.D.1, 3-1503.113.7, & 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 repair or replace all rotten wood, cover all areas of the structure's exterior with appropriate protective material and/or paint so that the exterior presents a uniform appearance, remove all trash and debris from the property, cut all overgrowth, remove all items and construction materials stored outside, remove the tarp from the roof and repair the roof to be watertight to comply with said Section(s) of the Code by the deadline, September 30, 2016. The fine is $100.00 per day per violation for each and every day each violation continues past the date set for compliance. Code Enforcement 2016-08-24 18 Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Diane Devol, 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.12 Case 75-16 Ricardo & Camila Arenas 820 Willowbranch Ave. Exterior Storage/Lot Clearing - Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell provided a PowerPoint presentation. A notice of violation was issued on June 10, 2016, following the first inspection. The violation at 820 Willowbranch Avenue related to exterior storage. Property photographs on June 8 and July 5, 2016 showed a pile of crushed shell in the driveway. A property photograph on August 22, 2016 showed the crushed shell had been spread into a planter as an unapproved ground cover, which will be addressed at a later date. He said the violation re exterior storage of the crushed shell had been resolved and requested 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 and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 24, 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: Code Enforcement 2016-08-24 19 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.G.1, 3- 1502.G.3, 3-1503.113.7, & 3-1503.B.5.A 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.13 Case 76-16 Bill & Merle Mullin 2401 Harn Blvd. Abandoned Bldg./Lot Clearing/Exterior Surfaces/Roof Maintenance - Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell provided a PowerPoint presentation. Notices of violation were issued on March 17, April 22, and June 9 and 29, 2016, following the first inspection. The 4 violations at 2401 Harn Boulevard related to abandoned building, lot clearing, exterior surfaces, and roof maintenance. Property photographs on March 16, 2016 showed dirt and rust on the garage door, the tile roof stained brown, collapsing soffit, and a large pile of brush and debris. Property photographs on June 6, 2016 showed falling soffit, the large pile of brush and debris, a collapsed roof on the Florida room, debris on the roof, and buckling of the roof, which was not watertight. A screenshot from Clearwater Public Utilities indicated the property last had water service on January 9, 2012. A property photograph on August 12, 2016 showed the front door Code Enforcement 2016-08-24 20 and some mold on exterior surface. Inspector Cantrell had not heard from the property owners and thought the house was being foreclosed. Member Nycz 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 recommended compliance by September 24, 2016 or a fine of$250 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before September 24, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$250 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 August 24, 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: abandoned building, welfare/safety nuisance, lot clearing, exterior surfaces, and roof maintenance. 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.A, 3- 1503.B.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9, 3-1503.113.6, 3-1503.113.7, 3-1503.113.8, 3-1502.113, 3- 1502.B, 3-1502.D.1, 3-1502.D.3, & 3-1502.H.5 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall replace soffit and fascia boards, replace defective roof decking and shingles or tiles, repair or remove collapsed porch, clean and repair all other exterior surfaces, sell or occupy the property, and maintain the property in a manner that does not create a public nuisance to comply with said Section(s) of the Code by the deadline, September 24, 2016. The fine is $250.00 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 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 Code Enforcement 2016-08-24 21 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.14 Case 77-16 —Continue to Sept. 28, 2016 C T S Holdings of Pinellas LLC 1840 Gulf-to-Bay Boulevard Abandoned Bldg./Public Nuisance Condition —Cantrell Case 77-16 was continued to September 28, 2016. 4.15 Case 78-16 Martha Mlaki-Mensah 215 S Pegasus Ave. Exterior Surfaces —Cantrell Property owner, Mr. Mlaki-Mensah, denied the violation. Inspector Jason Cantrell provided a PowerPoint presentation. A notice of violation was issued on May 31, 2016, following the first inspection. The violation at 215 S Pegasus Avenue related to exterior surfaces. Property photographs on May 26, 2016 showed the front of the house, two tones of paint on the columns, exposed rebar, incomplete construction along the roofline, which was partially painted, faded paint, patches on exterior wall, unmatched surfaces, dirty soffit and fascia, and soffit beginning to fall down. Property photographs on July 7, 2016 showed unfinished paint above the gable and front door. Property photographs on August 22, 2016 showed mismatched window surfaces, rebar on the gate column, and faded paint and patching on the side wall. Inspector Cantrell said repairs were dragging on too long. Mr. Mlaki-Mensah said he was unclear what repairs were necessary. He said he began making modifications to his house in 2008. He said he patched the cracked area and will stucco and paint it. He said the house was painted to the City's satisfaction 7 years ago. He said he had cut down the rebar according to City direction and did not know it was still a concern. He said he could finish repairs in 60 days. Member Johnson 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 recommended compliance within 60 days or a fine of$150 per day be imposed. Code Enforcement 2016-08-24 22 Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before October 23, 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 August 24, 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. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater 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 repair or replace rotting soffit, patch, paint, and resurface exterior surfaces to match adjacent surfaces as to materials, color bond and joining, and complete construction of structure so that no rebar is exposed to comply with said Section(s) of the Code by the deadline, October 23, 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 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. Code Enforcement 2016-08-24 23 DONE AND ORDERED this 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.16 Case 79-16 —Continue to Sept. 28, 2016 Andrew &Alma Hawkes 2224 Hennesen Dr. Exterior Surfaces/Landscaping Required — Cantrell Case 79-16 was continued to September 28, 2016. 4.17 Case 80-16 Day Family Trust Day, Alvin Tre 1422 De Leon St. Exterior Storage/Residential Grass Parking — Fletcher Julia Ann Stanley, speaking on behalf of her father Alvin Day, admitted to the violations. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on April 29, 2016, following the first inspection. The 2 violations at 1422 De Leon Street related to exterior storage and residential grass parking. Property photographs on April 22, 2016 showed miscellaneous items stored outside and a vehicle parked on the grass. A property photograph on May 16, 2016 showed a vehicle parked on the grass. Property photographs on May 19, 2016 showed miscellaneous items stored outside, including a tire, and a vehicle parked on the grass. Property photographs on June 27, 2016 showed miscellaneous items stored outside and a vehicle parked on the grass. Property photographs on August 8, 2016 showed miscellaneous items stored outside, including tires. Property photographs on August 19, 2016 showed the exterior storage had been removed. A property photograph on August 22, 2016 showed a truck parked on the grass. Ms. Stanley said her father was ill. She said his tenants refused to stop parking on the grass and a 30-day eviction notice was served yesterday. Inspector Fletcher said the property was in compliance re exterior storage and recommended compliance re grass parking by October 1, 2016 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Johnson 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 storage 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. Member Prast moved to enter an order requiring the Respondent to correct the violation re grass parking on or before October 1, 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 motions were duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 24, 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: Code Enforcement 2016-08-24 24 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. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1502.G.2 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. AND This case came before the City of Clearwater Municipal Code Enforcement Board on August 24, 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: residential grass parking. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1407.A.5 as referred to in the Affidavit in this case. Code Enforcement 2016-08-24 25 ORDER It is the Order of the Board that the Respondent(s) shall park only one vehicle parallel and adjacent to the driveway to comply with said Section(s) of the Code by the deadline, October 1, 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.18 Case 81-16 Charles Gruver 415 S. Ft. Harrison Ave. Exterior Surfaces/Parking Lot Surfaces— Fletcher Property owner Charles Gruver admitted to the violations. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on May 16, 2016, following the first inspection. The 2 violations at 415 S. Ft. Harrison Avenue related to exterior surfaces and parking lot surfaces. The property was formerly used for a gasoline service station; tanks had been removed. Property photographs on August 18, 2016 showed deteriorated surfaces and multiple pot holes across the large parking lot and significant mold, mildew, peeling paint, rotted wood, and growing vines on the structure's exterior surfaces, missing soffit, and peeling paint, rust, and mold on the overhang. Mr. Gruver said in the next 30 days he would pressure wash and paint the exterior surfaces. He said he had tried to sell the property for several years and had listed it for sale with a Real Estate agent. He said he could not afford to resurface the parking lot. Code Enforcement 2016-08-24 26 Member Nycz 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 September 23, 2016 or a fine of$250 per day per violation be imposed. Mr. Teunis said once work begins, staff would contact zoning to make certain that patches on the parking lot were in compliance. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before September 23, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day for each day each violation continues to exist. The motion was duly seconded. In response to a concern that the fine was too high, Mr. Teunis said the recommended fine was based on the property's poor condition and as an incentive for the owner to make repairs. It was noted the property was at a prime City location. Upon the vote being taken, Members Johnson, Strickland, Nycz, 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 August 24, 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 and parking lot surfaces. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3- 1403.A, & 3-1502.K.4 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall pressure wash and/or paint the entire building to remove all mold and peeling paint and use an all-weather paving material which is graded to drain storm water, fill all pot holes and repair cracked and heaved areas to comply with said Section(s) of the Code by the deadline, September 23, 2016. The fine is $250.00 per day per violation 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 Code Enforcement 2016-08-24 27 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.19 Case 82-16 C A H 2015 1 Borrower LLC 1007 Macrae Ave. Residential Grass Parking — Fletcher No one was present to represent the Respondent. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on March 15, 2016, following the first inspection. The violation at 1007 Macrae Avenue related to residential grass parking. Property photographs on March 10 and 29, 2016 showed a vehicle parked on the grass. Property photographs on May 11 and 22, July 11, and August 2, 2016 showed vehicles parked in the right-of-way. A property photograph on June 27, 2016 showed vehicles parked on the grass and in the right-of-way. A property photograph on August 17, 2016 showed no vehicles parked on the grass or in the right-of-way. 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 said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 24, 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: Code Enforcement 2016-08-24 28 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) 3-1407.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 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.20 Case 83-16 Marece Davis 1364 Springdale St. Landscaping Required — Knight David Davis, speaking on behalf of his mother, property owner Marece Davis, denied the violation. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on May 27, 2016, following the first inspection. The violation at 1364 Springdale Street related to required landscaping. A slide describing Astroturf was presented; Astroturf was not an approved ground cover. A property photograph on May 23, 2016 showed Astroturf covering the majority of the yard. A property photograph on May 27, 2016 showed a bed of mulch along the fence on the side yard; mulch was not an approved ground cover unless used in a flower bed with plants. A property photograph on July 14 2016 showed no change to the groundcover. Inspector Knight said Mr. Davis had indicated his mother wanted to keep the groundcover. A property photograph on August 1, 2016 showed vegetation growing through the Astroturf, which was not Code Enforcement 2016-08-24 29 flat. Property photographs on August 11, 2016 showed water pooling on the Astroturf, creating a dangerous environment that would allow mosquitoes to breed. Mr. Davis said his elderly mother had large water bills when she previously installed sod and planted grass in the yard without success. He said the Astroturf could be flattened and fixed to drain properly. He said a nearby property had Astroturf. It was noted that Astroturf was an illegal groundcover that did not allow water to percolate. It was suggested that the yard be xeriscaped. Planning & Development Director Michael Delk said the referenced yard was in violation of Code and did not come into compliance. Following litigation, a settlement agreement precluded the City from taking further action. Mr. Davis said his mother had spent more than $3,000 to install the Astroturf and should receive the same consideration. He said grass could not be maintained in the yard and his mother wanted Florida friendly landscaping. He said neighbors had not complained. Member Johnson 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 September 30, 2016 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violation on or before October 30, 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 August 24, 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: landscaping required and landscaping maintenance. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.11-11.1, 3- 1502.H.2, & 3-1502.H.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove the astrotruf from the property and replace it with approved ground cover such as grass or low lying vegetation, and remove Code Enforcement 2016-08-24 30 the mulch on the west side of the driveway and add an approved groundcover or add vegetation to the mulch to make it a plant bed to comply with said Section(s) of the Code by the deadline, October 30, 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 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.21 Case 84-16 William & Tina Wilson 514 N Lincoln Ave. Landscaping Required — Knight Property owner William Wilson denied the violation. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on March 18, 2016, following the first inspection. The violation at 514 N Lincoln Avenue related to required landscaping. A property photograph on March 17, 2016 showed vegetation growing through the rock covered front yard. A property photograph on April 11, 2016 showed the vegetation was removed but rocks covered the front yard. Inspector Knight said the property owners had been cooperative and corrected a number of violations. The property was next to the railroad tracks at the street's dead end. The property owner suggested a turnaround had been added to the front yard. A 1958 photo of the property showed a driveway in the front yard. According to Code, updated in 1999, non conforming uses expired if not maintained for a period of 180 days. Inspector Knight said the property owner acquired the property in 2011. Screenshots of 2008, 2009, and 2011 Google maps showed grass and rock covering the property. A screenshot of a 2008 Google map of the property showed the majority of the property was grass with some Code Enforcement 2016-08-24 31 rock. A property photograph on July 21, 2016 showed a rock covered turnaround. Property photographs on August 16, 2016 showed the majority of the property covered with rocks. Mr. Wilson distributed a handout outlining improvements he had made to the property. He said some rocks on the property were embedded in asphalt, which had been installed as a base for the rock yard. He said he planned to wash the asphalt to stop vegetation from growing and had priced stones to spread on top. He said the Planning and Development Department had told him that any object anchored to the ground was considered a structure. He said staff later said he had to rip the yard out as no record of a permit to install the asphalt or even to construct his house could be found. He said his property met Code requirements for percolation. He said the stone yard was installed in the past 40 years and many properties in the City had rock yards. Attorney Smith said photos showed the front yard covered with grass in 2008, 2009, and 2010. A previous owner lost the ability to grandfather the non conforming use by not maintaining the rock yard. Asphalt and rocks were not approved ground covers. 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 September 30, 2016 or a fine of$150 per day be imposed. Mr. Wilson requested 90 days to comply. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before November 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 August 24, 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: landscaping required and landscaping maintenance. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.11-11.1, 3- 1502.H.2, & 3-1502.H.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all rock from the yard where washout does not occur and replace it with an approved groundcover such as grass or low lying shurbbery to comply with said Section(s) of the Code by the deadline, November 22, 2016. The Code Enforcement 2016-08-24 32 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 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 4.22 Case 85-16 Barnell Evans Sr. 1729 Overbrook Ave. Residential Grass Parking/Exterior Storage— Knight No one was present to represent the Respondent. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on May 19, 2016, following the first inspection. The 2 violations at 1729 Overbrook Avenue related to residential grass parking and exterior storage. Property photographs on May 17, 2016 showed 3 vehicles, a chemical tote and other items in the right-of-way and a pile of junk tucked in the landscaping. Property photographs on June 9, 2016 showed a pickup truck parked in the right-of-way along with a disassembled lawnmower and a stack of tires, pallets, and a multitude of items in the landscaping Property photographs on June 24 and July 21, 2016 showed a pickup truck and chemical tote in the right-of-way and a multitude of items in the landscaping. Inspector Knight said the property owner rented the property to his cousin and had had tried to remove the exterior storage but grass parking continued. A property photographs on August 19, 2016 showed the exterior more organized but exterior storage continued with toys, a gas can, motorcycle, appliances, and other items outside. 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. Code Enforcement 2016-08-24 33 Inspector Knight recommended compliance by June 30, 2016 or a fine of$200 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before September 30, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$200 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 August 24, 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 storage and residential grass parking. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) Sections 3- 1403.B.1, 3-1407.A.5, 3-1407.A.7, 3-1502.G.1, 3-1502.G.2, & 3-1502.G.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all items being stored outside that are not meant for outdoor use or are not meant to be kept outdoors, including the over accumulation of bicycles and lawn mowers and park one vehicle in the grass parallel and adjacent to the driveway, all other vehicles shall be parked in the driveway or street (as long as street parking is allowed) to comply with said Section(s) of the Code by the deadline, September 30, 2016. The fine is $200.00 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 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. Code Enforcement 2016-08-24 34 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 24th day of August 2016, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 58-15 Affidavit of Compliance Hamid Farrokhyar 2584 Brandywine Dr. Roof Maintenance - Devol 5.2 Case 31-16 Affidavit of Compliance Schlau Properties Co. 1425 Sunset Point Rd. Parking Lot Surfaces — Knight 5.3 Case 45-16 Affidavit of Compliance Clarence Roberts 1216 Bellevue Blvd. Development Code Violation - Knight 5.4 Case 36-14 Affidavit of Compliance Eddie A Whitfield 1360 Mary L Rd. Residential Rental BTR - Harris Member Riordon moved to accept the Affidavits of Compliance for Cases 36-14, 58-15, 31-16, and 45-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 58-15 Lien Reduction Request Hamid Farrokhyar 2584 Brandywine Dr. Door &Window Opening/Landscape Maint. — Devol Barbara McCarthy of Chandelier Properties said she was the property's new owner. Inspector Diane Devol provided a PowerPoint presentation indicating the property was in compliance; the new owner corrected all violations. The City supported reduction of the $64,400 fine to administration costs of$1,483.21. Member Johnson moved to enter an order reducing the fine for Case 58-15 to administration costs of$1,483.21 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. Code Enforcement 2016-08-24 35 The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on August 24, 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 September 30, 2015, as recorded in O.R. Book 18950, Pages 910-914 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,483.21 payable to the Petitioner by September 23, 2016. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$64,600 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 24th day of August 2016, at Clearwater, Pinellas County, Florida. 6.2 Case 36-14 Lien Reduction Request Eddie A Whitfield 1360 Mary L Rd. Residential Rental BTR— Harris Case 36-14 was withdrawn. 7. NUISANCE ABATEMENT LIEN FILINGS: AVRAHAM BENSIMON 309 S PEGASUS AVE PNU2016-00117 13-29-15-82602-002-0030 $489.00 ROTTER, RANDALL D EST 804 FAIRMONT ST PNU2016-00687 03-29-15-01926-001-0190 $865.00 WORLD CAPITAL CORP 14 IDLEWILD ST PNU2016-00694 05-29-15-16362-003-0010 $548.58 JAMES W STRATTON 1531 ROSEMERE RD PNU2016-00746 1 1-29-15-31194-000-1030 $872.65 MC MANUS, PAULA HALL TRUST MC MANUS, PAULA HALL THE 3233 BEAVER DR PNU2016-00906 19-28-16-18642-000-0180 $220.00 Code Enforcement 2016-08-24 36 PHILLIPS, DEBORAH B EST 1823 BARBARA LN 02- 29 -15- 10926- 000 -0580 PNU2016 -01118 $355.35 Member Riordon moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 5:00 p.m. Attest: Chaiflt unicipal Code Enforcement Board Secret ry o the Boar Code Enforcement 2016 -08 -24 37