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09/28/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 28, 2016 Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon, Board Member Sue A. Johnson, Board Member Joseph A. Nycz, Board Member Robert Prast Absent: Board Member James E. Strickland, Board Member Duane Schultz Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague —Secretary to the Board 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 August 24, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the August 24, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: Kelly Meyer expressed concern re lack of City action at 3319 San Bernadino Street (Case 46- 16) heard by MCEB (Municipal Code Enforcement Board) on August 24, 2016. She said the abandoned property was a health hazard. She said she had requested a Building Inspector inspect the house. Code Enforcement Manager Terry Teunis said ongoing staff efforts adhered to compliance processes. The City's contractor was on board to abate overgrown landscaping. The property owner secured the fence area; no one, including Code Inspectors, could access the rear of the property. 4. PUBLIC HEARINGS 4.1 Case 77-16 —Continued from August 24, 2016—WITHDRAWN. C T S Holdings of Pinellas LLC 1840 Gulf-to-Bay Boulevard Abandoned Bldg./Public Nuisance Condition —Cantrell Case 77-16 was withdrawn. Code Enforcement 2016-09-28 1 4.2 Case 79-16 —Continued from August 24, 2016—WITHDRAWN. Andrew &Alma Hawkes 2224 Hennesen Dr. Exterior Surfaces/Landscaping Required — Cantrell Case 79-16 was withdrawn. 4.3 Case 86-16 Andrew J. Weiner 1956 Souvenir Dr. Exterior Surfaces/Exterior Storage/Motor Vehicle Coverage— Fletcher Property owner Andrew Weiner requested clarification re violations. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on May 20, 2016, following the first inspection. The 3 violations at 1956 Souvenir Drive related to exterior surfaces, exterior storage, and a covered vehicle. A property photograph on June 27, 2016 showed a covered vehicle in the driveway with its tires and license tag not visible and a City recycle container and box in front of the garage. A property photograph on July 11, 2016 showed the covered vehicle, City recycle container, and boxes in front of the garage. Property photographs on July 26, 2016 showed exterior storage next to the garage, peeling paint and rotted wood at the peak of the roof, mold and peeling paint on the front door, mold on the side of the house, a front gutter falling down, and the covered vehicle. Property photographs on September 15, 2016 showed peeling paint and rotted wood at the peak of the roof, exterior storage including tires on the side of the house, and the covered vehicle. Mr. Weiner admitted to the violation re the covered inoperable vehicle which was evidence for a lawsuit. He said a Code Inspector had advised him to cover the vehicle completely so it was not an eyesore. He said he had no other place to store it; his garage was full of business merchandise. He denied the violation re exterior surfaces, stating that dirt, not mold, was on the side of his house. He said he could move the other evidence stored outside. He said he left empty boxes outside until trash day. He said the tires had been stored temporarily. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Fletcher recommended compliance by October 18, 2016 or a fine of$150 per day per violation be imposed. Mr. Weiner said he could not afford to paint or make repairs to his house and could not do the work himself because of back injuries. Assistant City Attorney Matt Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations re exterior storage and covered motor vehicle on or before October 18, 2016 and correct the violation re exterior surfaces on or before December 18, 2016. If the Respondent does not comply within the times 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. Code Enforcement 2016-09-28 2 This case came before the City of Clearwater Municipal Code Enforcement Board on September 28, 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: exterior surfaces, exterior storage, and motor vehicle coverage. The Respondent was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3- 1502.G.2, & 3-1502.G.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove the outdoor storage from the side and front of the house and have the vehicle cover fit so that 6 inches of the bottom of each tire and the license plate are visible to comply with said Section(s) of the Code by the deadline, October 18, 2016 AND remove all mold and peeling paint from exterior walls and/or repaint and also repair or remove the gutters to comply with said Section(s) of the Code by the deadline, December 18, 2016. The fine is $100 per day per violation for each and every day each violation continues past the dates set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. Code Enforcement 2016-09-28 3 4.4 Case 87-16 Zali Holdings LLC 15 S Saturn Ave. Fences &Walls — Fletcher Sheryl D'Aloia, Property Manager for Zali Holdings LLC, admitted to the violation. 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 Vicki 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 September 28, 2016, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. 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) 3-803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, & 3-808.A.6 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 Code Enforcement 2016-09-28 4 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.5 Case 88-16 Douglas P Heuberger 853 Lantana Ave. Exerior Surfaces— Brown No one was present to represent the Respondent. Attorney Smith said according to Code Section 7-102.F.4, if an alleged violator failed to attend the hearing, such failure constituted a waiver of the violator's right to a hearing and was deemed to be an admission of the violation. Member Riordon moved that based on Code Section 7-102.F.4 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 Shelby Brown recommended compliance by November 27, 2016 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before November 27, 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 September 28, 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 not 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 and/or replace all damaged/ deteriorated structural and & decorative elements in a workmanlike manner (trims, soffits, fascia, etc.), remove all mildew, peeling paint, and other loose materials, repaint all impacted areas to match existing or adjacent surfaces, and maintain building walls in a secure and Code Enforcement 2016-09-28 5 attractive manner. to comply with said Section(s) of the Code by the deadline, November 27, 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 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 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.6 Case 89-16 — Repeat Violation -WITHDRAWN. Cedar House LLC 302 Cedar St. Short Term Rental — Phillips Case 89-16 was withdrawn. 4.7 Case 90-16 Jeffrey & Patricia Joyce 812 Bohenia Cir. Short Term Rental — Phillips No one was present to represent the Respondent. Inspector Julie Phillips said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Nycz 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 Code Enforcement 2016-09-28 6 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 September 28, 2016, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113, 8-102, & 3-919 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.8 Case 91-16 Richie & Enza Silva Frank & Rose Panzetta 1523 Murray Ave. Short Term Rental — Phillips No one was present to represent the Respondent. Inspector Julie Phillips said the property was in compliance and requested a declaration of violation. Code Enforcement 2016-09-28 7 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 September 28, 2016, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113, 8-102, & 3-919 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.9 Case 92-16 - Repeat Violation Gilbert Jannelli & Barbara Suslak 23837 US Highway 19 Door &Window Openings/Public Nuisance— Lot Clearing — Phillips Code Enforcement 2016-09-28 8 Attorney Joel Treuhaft, representing property owner Gilbert Jannelli, denied the violation, stating the property was in compliance. Inspector Julie Phillips provided a PowerPoint presentation. The property was posted for a repeat violation after inspection on August 5, 2016, following an anonymous complaint re transient activity and debris. The 2 violations at 23837 US Highway 19 related to door and window openings and public nuisance — lot clearing. The building was vacant for more than 13 years. On August 27, 2014, Case 27-14 was brought before the MCEB for exterior surfaces, graffiti, roof maintenance, window maintenance, overgrowth, debris and abandoned building. All violations were brought into compliance at that time except for the abandoned building; a fine was accruing for the abandoned building violation. Property photographs on August 4, 2016 showed a BB gun hole in the cracked front window, boarded windows, a partially boarded door, a broken Plexiglas opening, and mattresses, debris, and evidence of transient activity in the rear dumpster enclosure. Property photographs on August 5, 2016 showed a discarded utility pole, landscaping debris, boarded windows, a partially boarded door, mattresses, debris, and evidence of transient activity, and a mannequin and broken glass inside the structure. Property photographs on August 10, 2016 showed the cracked and boarded windows, broken Plexiglas opening, landscaping debris, and mattresses, debris, and evidence of transient activity. Property photographs on August 29, 2016 showed overgrown and dead landscaping, cracked and boarded windows, and graffiti, which was remediated. Property photographs on September 6, 2016 showed boarded windows, a partially boarded door, and discarded utility poles, some used for barricades. Property photographs on September 9, 2016 showed boarded windows, a partially boarded door, and a discarded utility pole used as a barricade. Property photographs on September 15, 2016 showed discarded tires, a broken Plexiglas opening, boarded windows, and a partially boarded door. Property photographs on September 20, 2016 showed cracked and boarded windows. Property photographs on September 26, 2016 showed cracked and boarded windows, a partially boarded door, a broken Plexiglas opening, numerous discarded utility poles, a sleeping bag, tarp, and other evidence of transient activity in front of the structure, broken boxes on the side, and debris and building materials strewn throughout the building's interior. Inspector Phillips said in 2015 the site was approved for a car lot and the related November 2015 Development Order expired in November 2016. Attorney Treuhaft showed photographs of the site, which he said property owner Gilbert Jannelli had taken on September 27, 2016. He said the windows were repaired in the last few days. He said the property owner started remedial actions on August 29, 2016, including cleanup of the parking lot, exterior areas, and graffiti. He said after the owner remediated the property in August 2014, transients had broken windows; it was not the property owner's fault that transients could break windows at any time. Attorney Smith said the property had been in a similar condition for most of the last 13 years. He said although the property owner was notified in August regarding broken and cracked windows, he did not make repairs before yesterday. Attorney Treuhaft said the property owner had repaired the violations within 6 weeks of notice. He said the property was in a blighted area and it had taken time to find tenants. He said the lessee who was to occupy the property in November 2015 abandoned it in February. He said the property owner leased the property for a retail establishment in August; the tenant was Code Enforcement 2016-09-28 9 attempting to get financing and was working with the property owner to keep the property in compliance. He anticipated building permits would be issued before the Development Agreement expired. He said the property owner had remediated the site as requested by the Code Inspector and had met the board's objective to bring properties into compliance. In response to a comment that the repeat violations began on August 5, 2016, Attorney Treuhaft said the property owner was not responsible for the violations. He said external factors such as trespassers had caused the damage and were responsible. He said the property had not been cited for any violations during 2015 or before August 2016. He said it was unfair to characterize the property as being out of compliance since 2014. He said the property was only a problem for 7 weeks, not 13 years. Discussion ensued with comments that mattresses had not shown up overnight, transients would still be present had the City not cited the property, and the property needed regularly scheduled care. Recommendations were made for the property owner to work with the City, raze the structure, or hire security to guard it. Concerns were expressed that the property owner owned other blighted properties in Clearwater with transient problems. Attorney Treuhaft said the transients will go away when construction begins in the next few weeks. Attorney Smith reviewed the Code re repeat violations. Member Nycz moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed repeat violations. The motion was duly seconded and carried unanimously. Inspector Phillips recommended a $500 per day per violation fine be imposed for the 54 days of violation from August 4 to September 26, 2016 for a total of$54,000. The property owner had sent her a copy of a new lease and indicated the lessee would fix the violations. The new business had to meet a list of criteria before a building permit could be issued; the Development Order expired in approximately 6 weeks. She was not informed that windows were repaired/ replaced. Fines for the abandoned building were separate from today's violations. Attorney Treuhaft said the recommended fine was arbitrary and capricious. Discussion ensued with comments that the recommended fine was deserved as the property owner had done nothing to prevent transient activity such as taking care of the property, erecting fences, or installing no trespassing signs, that the property owner had not repaired the violations immediately upon notice, and a concern that the proposed fine seemed too high. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order that a fine of$54,000 be imposed for the time the violations existed and that the fine be paid within 60 days. If the Respondent repeats the violation(s), the Board may order a fine up to $500 per day for each day each violation exists. The motion was duly seconded. Members Johnson, Nycz, Prast, and Chair Carothers voted "Aye"; Member Riordon voted "Nay." Motion carried. Code Enforcement 2016-09-28 10 This case came before the City of Clearwater Municipal Code Enforcement Board on September 28, 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 doors and window openings and public nuisance/lot clearing were in violation of the City of Clearwater Code. A representative of the Respondent(s) was present. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) ) 3-1502.C.1, 3-1502.C.3, 3- 1502.C.4, 3-1503.113.1, 3-1503.113.7, 3-1503.113.2, 3-1503.113.1, 3-1504, 3-1503.113.1, & 3-1503.113.7 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on August 27, 2014, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$54,000.00 ($500.00 daily fine per violation) for the 54-day time period from August 4 to September 26, 2016, when the repeat violation(s) occurred, payable by November 27, 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. Code Enforcement 2016-09-28 11 4.10 Case 93-16 Jay & Cynthia Ostrow 2672 Burntfork Dr. Roof Maintenance— Harris Property owner Jay Ostrow said he kind of denied the violation, which had been fixed. Inspector Christin Harris provided a PowerPoint presentation. Notices of violation were issued after inspection on May 23 and August 1, 2016, following a complaint re overgrowth and debris on the roof. The violation at 2672 Burntfork Drive related to a clean roof and roof maintenance. She had spoken with the property owner several times. Property photographs on May 23, 2016 showed the front of the property, vegetation growing on the roof, and a tarp and large accumulation of pine needles on the roof. Property photographs on September 14, 2016 showed the tarp was removed and a large accumulation of pine needles on the roof. Mr. Ostrow said the property was overgrown in May but he hired a new lawn company which cut the grass every two weeks. He said he paid $300 to have the pine needles blown off his roof in June. He said he put a tarp on his roof for 2 weeks in August after a falling branch pierced the roof; damage was repaired. He said pine trees in his back yard constantly dropped a significant number of pine needles on his roof. He said he would have the roof blown off again. Concern was expressed that a roof next to large pine trees would have pine needles on it. Mr. Teunis said accumulation of pine needles on the roof required regular maintenance. 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 died for lack of a second. 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. Members Johnson, Nycz, Prast, and Chair Carothers voted "Aye"; Member Riordon voted "Nay." Motion carried. Inspector Harris recommended compliance by November 1, 2016 or a fine of$150 per day be imposed. Concern was expressed that a large number of pine needles would fall during inclement weather, causing the property to be out of compliance overnight. Mr. Teunis said the current accumulation occurred over a period of time. Mr. Ostrow said the accumulation of pine needles occurred within only 3 months. Attorney Smith suggested other steps could be taken, such as pruning the trees. He submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before November 1, 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. Members Johnson, Nycz, Prast, and Chair Carothers voted "Aye"; Member Riordon voted "Nay." Motion carried. Code Enforcement 2016-09-28 12 This case came before the City of Clearwater Municipal Code Enforcement Board on September 28, 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: roof 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.D.3, 3- 1502.D.1, & 3-1502.D.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall keep the roof clear of any debris including pine needles and maintain it on a regular basis thereafter to comply with said Section(s) of the Code by the deadline, November 1, 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 Christin Harris, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.11 Case 94-16 — Repeat Violation Frank & Isabelle Blainey 3172 Wessex Way Public Health, Safety or Welfare Nuisance (Pool)— Harris Code Enforcement 2016-09-28 13 Property owner Frank Blainey denied the violation. Inspector Christin Harris provided a PowerPoint presentation. On March 23, 2016, the MCEB found the swimming pool at 3172 Wessex Way to be in violation of Code and ordered compliance by March 30, 2016. On April 6, 2016, the swimming pool was in compliance and an Affidavit of Compliance was issued. On April 29, 2016, the City received an anonymous complaint that the swimming pool was dirty and smelled badly. On May 1, 2016, unable to see into the back yard and inspect the swimming pool, Inspector Harris modified the case status to "Under Investigation" and continued monitoring the property. After more complaints, she was able to see through the unsecured fence on May 27, 2016, confirmed the swimming pool was filled with dirty, rancid water, and issued a Repeat Notice of Violation. On July 27, 2016, the MCEB again found the swimming pool to be in violation of Code, approved a Repeat Violation, and ordered a $31,000 fine. On August 1, 2016, Inspector Harris found no change to the unmaintained swimming pool violation, and posted the property for another repeat violation. Property photographs on August 1, 5, 18, 30 and September 14, 2016 showed unfiltered and cloudy green water filling the swimming pool; the bottom of the pool was not visible. Inspector Harris said a couple working on the property on September 27, 2016 indicated they had shocked the pool several times. A property photograph on September 27, 2016 showed the cloudy, opaque water was blue. The pool pump was not running. Mr. Blainey said he had not wanted to disturb his neighbor and did not run the pump after the neighbor complained to Police re noise from the pump's burned out ball bearings; he. He said a new pump was installed today and the clarity issue would be solved by tomorrow. He requested sympathy due to financial issues; the former tenant had destroyed the house. He said the landscaping was fixed and the property was occupied. He said the person he paid to repair the fence did not complete the job. He apologized for the repeat violation. It was felt that Mr. Blainey disrespected his neighbors and his concern for his neighbor today seemed to lack veracity as the neighbor had to attend multiple meetings to complain about the poor conditions at Mr. Blainey's property. Neighbor Joanne Linkner said the subject property's revolving door of tenants had acted disrespectfully to her family since 2009. She said all property repairs were done poorly and last minute; the fence was collapsing and mold covered 90% of the rear awning. She expressed concern the swimming pool's condition allowed mosquitoes to breed close to a school bus stop. She questioned what other actions neighbors could take. She said a relative of the property owner was living on site. She said while the property owner testified he had no resources to repair the house, he had called her from Spain during the summer to see if the fence was repaired. Member Nycz moved to find the Respondent was 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 Harris recommended a $500 per day fine be imposed for the 59 days of violation from August 1 to September 28, 2016 for a total of$29,500. Mr. Blainey apologized for the violations. He said the landscaping was up to date, He said his brother was staying in the house and would complete all necessary repairs. Code Enforcement 2016-09-28 14 Discussion ensued with comments that Mr. Blainey had apologized, the swimming pool was much improved, efforts were underway to repair the property, and $500 daily fines should be limited to the worst repeat violations. It was agreed that a $500 daily fine was a lot of money, however the swimming pool was green and opaque for much of the summer while the pool pump was broken. Concerns were expressed the property owner had waited until the last minute to fix the hazard and should have repaired/replaced the pool pump months earlier. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order that a fine of$29,500 be imposed for the time the violation existed, payable in 60 days. If the Respondent repeats the violation, the Board may order a fine up to $500 per day for each day the violation exists. The motion was duly seconded. Members Johnson, 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 September 28, 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 an unmaintained swimming pool is in violation of the City of Clearwater Code. The Respondent was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section 3-1503.113.5 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section on March 23, 2016, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$29,500.00 ($500.00 daily fine) for the 59-day time period from August 1 to September 28, 2016, when the repeat violation occurred, payable by November 27, 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. Code Enforcement 2016-09-28 15 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.12 Case 95-16 Gregory & Laura Currier 3349 Hyde Park Dr. Ext. Surfaces— Harris Property owners Gregory and Laura Currier were present. Mr. Currier admitted to the violation and said the letter from the City in May said tree branches were in violation and there was a hole in the fascia, which he could not see. 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 Harris recommended compliance by November 1, 2016 or a fine of$100 per day be imposed. Mr. Currier said repairs had been made but he had not advised Inspector Harris. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before November 1, 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 September 28, 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 & 3- 1502.D.1, as referred to in the Affidavit in this case. ORDER Code Enforcement 2016-09-28 16 It is the Order of the Board that the Respondent(s) shall repair or replace the hole in the soffit, in a workmanlike manner to match as closely as possible to the original materials and construction of the building to comply with said Section(s) of the Code by the deadline, November 1, 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 Christin Harris, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.13 Case 96-16 Rustlewood Condo Assn. 2650 Countryside Blvd. Fences &Walls — Harris Nicole Burkett, representing the Rustlewood Condo Homeowners Association, admitted to the violation. Inspector Christin Harris provided a PowerPoint presentation. Notices of violation were issued on March 21 and April 11, 2016, following the first inspection. The violation at 2650 Countryside Boulevard related to fences and walls. Property photographs on March 17, 2017 showed the rusted chain link fence along the Westfield Shopping Center border. On May 20, 2016, a permit was issued to install a 6-foot precast concrete wall at 2650 Countryside Boulevard. While the concrete wall replaced chain link fence along Countryside Boulevard, rusted chain link fence bordering the mall and SR 580 was not repaired, replaced, or removed. The property was not in compliance. Property photographs on August 23, 2016 showed the new concrete wall, and rusted chain link fence on the property's perimeter. Property photographs on August 30, 2016 showed the rusted and bent chain link fence along the property's perimeter. Property photographs on September 27, 2016, 2016 showed the new concrete wall and evidence that Code Enforcement 2016-09-28 17 portions of the rusted chain link fence had been spray painted, as had nearby vegetation. Rust on the chain link fence remained visible. Ms. Burkett said the current Board of Directors had signed a contract to repair the chain link fence; work was scheduled to commence on October 4 and end in late October. 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 Harris recommended compliance by November 1, 2016 or a fine of$200 per day be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before November 1, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$200 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 September 28, 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: fences and walls. 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) 3-808, 3-808.A.1, 3-805.113, & 3-805.C, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair, remove or replace the chain link fence that borders SR 580 and Westfield Countryside Mall so that it appears and is maintained in an aesthetically attractive manner and be free of holes and rust to comply with said Section(s) of the Code by the deadline, November 1, 2016. The fine is $200.00 per day for each and every day the violation continues past the date set for compliance. If the chain link fencing is removed, per code, a 6-foot high fence or wall, excluding chain link, may be installed around the perimeter of any residential subdivision/community. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Christin Harris, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. Code Enforcement 2016-09-28 18 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.14 Case 97-16 Joseph Perrone 407 S Orion Ave. Ext. Surfaces/Ext. Storage/Windows Maint./Fences &Walls/Lot Clearing/Abandoned Bldg. —Cantrell No one was present to represent the Respondent. Member Riordon moved that based on Code Section 7-102.F.4 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 Jason Cantrell recommended compliance by October 12, 2016 or a fine of$250 per day per violation be imposed. In response to a concern that a $250 daily fine seemed out of proportion for non health and safety violations, Mr. Teunis said staff had determined the violations were egregious. Inspector Cantrell provided a PowerPoint presentation of photographs of the 6 violations at 407 S Orion Avenue. Neighbors had complained to the City re the property. Property photographs on July 18, 2016 showed discarded items and debris in the car port, peeling paint and a sagging metal awning on the front of the house, significant debris on the side of the house, including evidence of transient activity, and a piano stored on the front porch. Property photographs on August 25, 2016 showed fencing and other debris strewn across decking, open doors allowing transient access and a view of the debris covered interior floor, and significant debris in the common area between 2 units in the multi-unit building. A property photograph on September 12, 2016 showed the edge of the front metal awning touching the ground. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before October 12, 2016. If the Respondent does not comply within the time specified, the Code Enforcement 2016-09-28 19 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 September 28, 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: exterior surfaces, exterior storage, windows maintenance, fences & walls, lot clearing 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) 3-1502.113, 3- 1502.F.1, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1502.C.3, 3-808, 3-808.A.1, 3-808.A.4, 3- 808.A.2, 3-808.A.3, 3-808.A.5, 3-808.A.6, 3-1503.113.7, 3-1503.B.5.A, 3-1503.113.6, 3-1503.A, 3- 1503.B.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9, & 3-1504, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall replace any missing boards on the fence or remove the fence completely, clean up all trash/debris and all items not intended for outdoor use, replace any broken windows, replace/repair any window/door trim or any rotting or missing boards on the exterior, maintain the property, and either occupy or sell the property to comply with said Section(s) of the Code by the deadline, October 12, 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 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 Code Enforcement 2016-09-28 20 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.15 Case 98-16 Helen Reed 1455 S. Ridgelane Circle Abandoned Bldg./Ext. Surfaces— Knight No one was present to represent the Respondent. Inspector Daniel Knight provided a PowerPoint presentation. The City received numerous complaints about the property and abated the grass 4 times in 2 years. A notice of violation was issued on July 1, 2016, following the first inspection. The 2 violations at 1455 S Ridgelane Circle related to exterior surfaces and an abandoned building. A screenshot from Clearwater Public Utilities indicated the property last had water service on September 24, 2014. Property photographs on June 30, 2016 showed the house, the unkempt yard, a significant number of exterior cracks in the structure, a City garbage can and recycle can in the driveway, and a notice posted by Safeguard Properties. Property photographs on August 5, 2016 showed mold and mildew on the side door trim, missing plaster and a significant number of exterior cracks in the structure. Property photographs on September 26, 2016 showed fallen palm fronds leaning against the house, a stained wall, staining and missing plaster below a window, a disintegrating rear patio cover, and no change to the significant number of exterior cracks in the structure. Inspector Knight had no communication with the property owner. The property management company should take care of the property but had left it partially mowed and half overgrown. Member Riordon moved that based on Code Section 7-102.F.4 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. Concern was expressed the house may be impacted by a sink hole. Inspector Knight recommended compliance by October 28, 2016 or a fine of$250 per day per violation be imposed. It was requested that a copy of the order be sent to the property management company. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violations on or before October 12, 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 September 28, 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: Code Enforcement 2016-09-28 21 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: abandoned building and exterior surfaces. 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- 1503.13.1, 3-1503.13.2, 3-1503.13.3, 3-1503.13.9, & 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 clear and/or clean the building of any staining and peeling paint, repair/replace all damaged and deteriorated wood, repaint where needed, meet compliance re all unaddressed code violations, maintain the property in a nuisance free state on a regular basis, and sell, occupy or demolish the building to comply with said Section(s) of the Code by the deadline, October 12, 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 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.16 Case 99-16 Neal & Sheri Blake 1925 Chenango Ave. Vehicle Repair— Res. Zone/Res. Grass Parking/RV Parking — Knight No one was present to represent the Respondent. Code Enforcement 2016-09-28 22 Inspector Daniel Knight said the property was in compliance re 2 violations. The City will pursue other options re the RV. Attorney Smith submitted composite exhibits. Member Nycz 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 violations, 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 September 28, 2016, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the conditions existed; however, it is further evident these conditions were 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) 3-916.C, 3- 1403.B.1, 3-1407.A.5, 3-1407.A.2.d, & 3-1407.A.3.d 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 violations 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. Code Enforcement 2016-09-28 23 4.17 Case 100-16 Herman Fabrizio Beltran 2060 Betty Lane Res. Grass Parking — Knight No one was present to represent the Respondent. Inspector Daniel Knight said according to zoning, the property owner was unable to expand the driveway. The property owner said he would get with his tenants to resolve the grass parking violation. Member Riordon moved that based on Code Section 7-102.F.4 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 October 1. 2016 or a fine of$100 per day be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before October, 8, 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 September 28, 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. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.113.1 & 3- 1407.A.5 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall park only one vehicle in the grass parallel and adjacent to the driveway to comply with said Section(s) of the Code by the deadline, October 8, 2016. The fine is $100.00 per day for each and every day the violation continues past the date set for compliance. All other vehicles can be parked in the driveway or in the street where street parking is allowed. 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 Code Enforcement 2016-09-28 24 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 4.18 Case 101-16 Rafe K Banks 1465 Joel Ln. Ext. Surfaces - Knight No one was present to represent the Respondent. Member Riordon moved that based on Code Section 7-102.F.4 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 Daniel Knight recommended compliance by October 28, 2016 or a fine of$150 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 October 28, 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 September 28, 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 not present. Code Enforcement 2016-09-28 25 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 and/or replace the damaged rain gutter and all damaged/deteriorated wood on the fascia and soffits, clean/clear the building of all staining and peeling paint, and repaint where needed. to comply with said Section(s) of the Code by the deadline, October 28, 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 28th day of September 2016, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 42-16 Affidavit of Non-Compliance Marcos R. Rojas 812 Willowbranch Ave. Exterior Surfaces/Abandoned Building —Cantrell 5.2 Case 52-16 Affidavit of Non-Compliance Timothy & Janice Amburgy 2813 Long View Dr. Abandoned Bldg./Exterior Surfaces— Harris Code Enforcement 2016-09-28 26 5.3 Case 54-16 Affidavit of Non-Compliance Frank & Isabelle Blainey 3172 Wessex Way Exterior Surfaces/Windows Maintenance/Construction Material Storage— Harris 5.4 Case 56-16 Affidavit of Non-Compliance Dani Lemberger 1485 Pinebrook Dr. Exterior Surfaces — Knight Member Johnson moved to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 42-16, 52-16, 54-16, and 56-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 31-16 Request for Lien Reduction Schlau Properties 1425 Sunset Point Rd. Parking Lot Surfaces — Knight No was present to represent the Applicant. No action was taken. 6.2 Case 68-16 (Repeat Violation) Request for Rehearing —Cont'd to 10/26/2016 Muhamed Faour 839 Lantana Ave. Short Term Rental — Phillips Case 68-16 was continued to October 26, 2016. 6.3 Case 69-16 (Repeat Violation) Request for Rehearing —Cont'd to 10/26/2016 Muhamed Faour 843 Lantana Ave. Short Term Rental — Phillips Case 69-16 was continued to October 26, 2016. 6.4 Case 83-16 Request for Rehearing Marece R Davis 1364 Springdale St. Landscaping Required - Knight Attorney Smith said according to Code, a request for rehearing shall be based only on grounds that the decision was contrary to 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. Attorney Smith said the David Davis' letter requesting a rehearing did not specify either reason for a rehearing but repeated the arguments he presented at last month's hearing. Code Enforcement 2016-09-28 27 David Davis, representing the property owner, said every day he found another house with artificial turf that was not cited. He said 804 Spencer Avenue had artificial turf. He said plants had been installed in the mulch along the fence. Attorney Smith said code enforcement was complaint driven. It was stated the MCEB could not change the Code even if others properties in the City were out of compliance. It was stated after the MCEB found 804 Spencer Avenue to be in violation and the owner took legal steps, unknown to board members, to retain the artificial turf. No action was taken. 7. NUISANCE ABATEMENT LIEN FILINGS: VIOLENE MC GILL DEMERRIS DANIEL 608 NICHOLSON ST PNU2016 -00189 09- 29 -15- 60102- 002 -0060 $892.95 FRANK BLAINEY ISABELLE V BLAINEY 3172 WESSEX WAY PNU2016 -00544 17- 28 -16- 18655- 000 -0650 $985.00 JAMES W STRATTON 1525 ROSEMERE RD PNU2016 -00747 11-29-15-31194-000-1020 $569.72 Member Johnson moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 3:55 p.m. Attest: Sec et -ry to the Beard Chair, Mja+efpal Code Enforcement Board Code Enforcement 2016 -09 -28 28