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10/26/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 26, 2016 Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon, Board Member James E. Strickland, Board Member Duane Schultz, Board Member Sue A. Johnson, Board Member Joseph A. Nycz, Board Member Robert Prast 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. The Chair thanked Members Johnson and Schultz for their service on the board. 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 September 28, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the September 28, 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: None. 4. PUBLIC HEARINGS 4.1 Case 102-16 Richard Koster Lance Koster 1101 Seminole St. Signage without Permits—Weaver Property owners Richard Koster and Lance Koster admitted to the violation. 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 Mary Jo Weaver recommended compliance for the one violation by November 16, 2016 or a fine of$150 per day be imposed. Assistant City Attorney Matt Smith submitted composite exhibits. Code Enforcement 2016-10-26 1 Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before November 16, 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 October 26, 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: signage without permits. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1807.113.3.a &4- 1002, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall obtain a sign permit for an attached sign that meets current sign code regulations or remove the existing unpermitted attached sign to comply with said Section(s) of the Code by the deadline, November 16, 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 Mary Jo Weaver, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of October 2016, at Clearwater, Pinellas County, Florida. Code Enforcement 2016-10-26 2 4.2 Case 103-16 Richard Koster Lance Koster 1101 Seminole St. Ext. Storage/Sidewalks ROW/Inoperative Vehicle/Parking Vehicle to Make Repairs/Ext. Storage/Door &Window Openings/Off-Street Parking Spaces - Devol Property owners Richard Koster and Lance Koster admitted to the violations. 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 Diane Devol provided a PowerPoint presentation. A notice of violation was issued following the first inspection on August 3, 2016. The 7 violations at 1101 Seminole Street related to exterior storage, lot clearing violation, sidewalks/unmaintained right-of-way, inoperative vehicles, vehicle repair in the City right-of-way, parking lot surfaces, off street parking spaces/striping, exterior surfaces, and window & door maintenance. A property video on July 28, 2016 showed broken windows, overgrowth in the right-of-way, back alley right-of-way, multiple vehicles and a tow truck stored in the rear, junk, and trash, a broken tow truck, a vehicle parked in the back alley way by a posted no parking sign, vehicle repair in the City right- of-way, vehicles stored on a trailer, much trash, debris, and car parts, dismantled and destroyed vehicles, construction debris, inoperable vehicles without current tags, an unregistered boat, a half of a boat filled with trash and junk, a destroyed City sidewalk, and exterior surface violations. A property video on October 20, 2016 showed the white building with 3 large broken windows, vegetation growing on the roof, mold on the side of the building, a large oil stain on the back wall, rotten fascia, a broken door on the orange building, the parking lot surface in poor condition with many oils stains and broken glass, a tow truck continuously blocking a City sidewalk, the unregistered boat, much junk and debris, and many vehicles. Improvements were noted to the side alley way, the removal of some vehicles, replacement of rotten wood, and exterior painting nearly completed. Inspector Devol said property owner Richard Koster had maintained good communications; some improvements were evident. Inspector Devol recommended compliance for 6 violations re exterior storage, lot clearing violation, sidewalks/unmaintained right-of-way, inoperative vehicles, parking lot surfaces, off street parking spaces/striping, exterior surfaces, and window & door maintenance by November 30, 2016 or a fine of$200 per day per violation be imposed. Inspector Devol requested a Declaration of Violation for the vehicle repair in the City right-of-way violation which was corrected prior to today's meeting. It was felt the recommended daily fine was too high as no health and safety violations existed and the property owner was putting forth efforts and making progress. Inspector Devol said the violations had been ongoing for a long time. She expressed concern vehicles related to the business had blocked emergency vehicles and a garbage truck. The property was in a highly visible location. Code Enforcement 2016-10-26 3 Mr. Koster said it was hard to control the tenants. He said impounding vehicles and storing them on the property previously was permitted. He requested additional time. He said they had advised the tenants re need to change their business practices or be evicted if the property was not maintained and complied with Code. Concern was expressed the tenants continued to break the rules after being advised that their business practices violated Code. It was suggested the Police Department issue tickets for untagged vehicles. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct violations re exterior storage, lot clearing violation, sidewalks/unmaintained right-of-way, inoperative vehicles, parking lot surfaces, off street parking spaces/striping, exterior surfaces, and window& door maintenance on or before November 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. And to find the violation re vehicle repair in the City right-of-way was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for that violation. If the Respondent repeats that violation, the Board may order a fine of up to $500.00 for each day that 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 October 26, 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 storage, sidewalks, right-of-way, inoperative vehicles, exterior storage, door &window openings, and off-street parking spaces. 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.F.1, 3- 1502.G.2, 3-1502.G.3. 3-1502.F.2, 3-1502.K.1, 3-1503.113.7, 3-1503.113.8, 3-1503.113.6, 3-1502.113, 3-1502.C.1, 3-1502.C.3, 3-1404.113, & 3-1403.A, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all vehicles from the property that do not have current work orders, remove or properly store items stored outside to include all car parts, repair and/or replace any and all broken windows, remove mold and mildew and repair all rotten wood on all exteriors surfaces of the buildings, paint exterior surfaces where necessary for a uniform appearance, obtain proper permits and have the parking lot repaired, repaved, and restriped, remove all trash, debris, and junk from the property and continue to cut and maintain the grassy areas of the city right-of-way to include edging along the sidewalk, and at not time permit vehicle repair or vehicle storage in the back alley (city right-of-way) to comply with said Section(s) of the Code by the deadline, November 30, 2016. The fine is $100.00 per Code Enforcement 2016-10-26 4 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. AND This case came before the City of Clearwater Municipal Code Enforcement Board on on October 26, 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 present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 30.050(1), 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. Code Enforcement 2016-10-26 5 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. 4.3 Case 104-16 Mary M. Singletary 1349 Terrace Rd. Hauling Trailer in ROW/Ext. Storage/Grass Parking — Devol Dwayne Singletary, son of property owner Mary Singletary, admitted to the violations. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case re exterior storage and grass parking. The motion was duly seconded and carried unanimously. Inspector Diane Devol recommended compliance by November 15, 2016 or a fine of$150 per day per violation for the exterior storage and grass parking be imposed. Inspector Devol requested a Declaration of Violation for the hauling trailer parked in the right-of-way violation which was corrected prior to today's meeting. The hauling trailer now was hooked to a vehicle parked in front of the house. Mr. Singletary said the grass parking and exterior storage had been resolved. He said the hauling trailer was for his personal use. He said many City residents parked hauling trailers on their properties overnight. He said he moved the hauling trailer almost every day. Code Compliance Manager Terry Teunis reviewed Code requirements for storing hauling trailers; the hauling trailer would be cited if it continued to be parked illegally in the street. It was noted that Code compliance was complaint driven and the board could not change the Code. Attorney Smith submitted composite exhibits. 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 and to enter an order requiring the Respondent to correct the violations re exterior storage and grass parking on or before November 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. And to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit re a hauling trailer in the right-of-way, that violation was corrected prior to today's hearing, and to enter an order that no Code Enforcement 2016-10-26 6 fine be imposed against the Respondent for that violation. If the Respondent repeats that violation, the Board may order a fine of up to $500 for each day that 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 October 26, 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 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) 3-1502.F.1, 3- 1502.G.2 , 3-1502.G.3, 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 remove of all items, not intended for outdoor use, or properly store them inside and remove vehicles from the front yard area, and properly park them in the driveway or in the street to comply with said Section(s) of the Code by the deadline, November 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. Code Enforcement 2016-10-26 7 AND This case came before the City of Clearwater Municipal Code Enforcement Board on October 26, 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) 3-1407.A.3.0 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. 4.4 Case 105-16— Continue to Nov. 16, 2016 Seth & Sherri Sanders 305 N Prescott Ave. Ext. Surfaces/Door &Window Openings/Lot Clearing — Devol Case 105-16 was continued automatically to November 16, 2016. Code Enforcement 2016-10-26 8 4.5 Case 106-16— Continue to Nov. 16, 2016 Deborah B. Phillips Est. 1823 Barbara Ln. Ext. Storage/Door &Window Openings/Aband. Bldg. - Knight Case 106-16 was continued automatically to November 16, 2016. 4.6 Case 107-16 Greenpoint Mtg Funding Trust 1458 Overlea St. Roof Maint./Ext Surfaces/Aband Bldg. — Knight No one was present to represent the Respondent. 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 Daniel Knight said 3 violations existed. He recommended compliance by November 26, 2016 or a fine of$250 per day per violation be imposed. In response to questions, he said the property had not had power since April 2008. He had not been in contact with the property owner. He contacted the property's management company on July 25, 2016. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before November 26, 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 October 26, 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: roof maintenance, exterior surfaces, 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, 3-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9, 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 damaged and/or missing roofing tiles to make the roof safe, secure and in a watertight condition and remove all staining and trash/debris from the roof, remove/clean all staining and peeling paint from the Code Enforcement 2016-10-26 9 soffits, fascia and exterior walls, repair/replace all damaged and missing wood and all damaged/ cracked elements of the building and repaint where needed, occupy, sell or demolish the building on the property, and correct all code violations and maintain the property and building in a nuisance free condition on a regular basis to comply with said Section(s) of the Code by the deadline, November 26, 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. 4.7 Case 108-16 Annie R Ellington 1353 Terrace Rd. Ext. Storage— Knight Property owner Annie Ellington admitted to the violation. Member Strickland moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight said the property owner had worked diligently to clean the property and had made significant improvements but the property remained out of compliance. The over storage of bicycles was considered exterior storage. He recommended compliance by November 26, 2016 or a fine of$150 per day be imposed. It was suggested the City provide a dumpster for removal of the exterior storage and it was recommended the City provide Ms. Ellington with information on resources that could help her. Code Enforcement 2016-10-26 10 Ms. Ellington said she was a single mother with two small children. She said friends had provided some help but she needed additional help to remove all the items. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before November 26, 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 October 26, 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 storage. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.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 from the property that are not meant for outdoor use or are not meant to be stored outdoors, including the over accumulation of bicycles to comply with said Section(s) of the Code by the deadline, November 26, 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 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 Code Enforcement 2016-10-26 11 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. 4.8 Case 109-16 Continue to Nov. 16, 2016 Ida E. Ellis 1428 Barbara Ave. Ext. Surfaces/Door &Window Openings/Roof Maint./Aband. Bldg. — Knight Case 109-16 was continued automatically to November 16, 2016. 4.9 Case 110-16 Continue to Dec. 21, 2016 Kenyon Dodge Inc. 19400 US Hwy 19 Door &Window Openings/Graffiti/Ext. Storage/Aband Bldg./Sidewalks & ROW— Cantrell Case 110-16 was continued automatically to December 21, 2016. 4.10 Case 111-16 Continue to Dec. 21, 2016 Sunset Pontiac GMS Truck S Inc. 19320 US Hwy 19 Graffiti/Ext. Surfaces/Door &Window Openings/Ext, Storage/Fences &Walls/Aband. Bldg./Sidewalks & ROW—Cantrell Case 111-16 was continued automatically to December 21, 2016. 4.11 Case 112-16 R & F Underground Construction Inc. 112 N Nimbus Ave. Res. Grass Parking/Hauling Trailer ROW/Ext. Storage— Cantrell No one was present to represent the Respondent. 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 Jason Cantrell said 3 violations existed. He recommended compliance by November 9, 2016 or a fine of$150 per day per violation be imposed. In response to a question, he said he had no contact with the property owner. The property owner's mailing address recorded by the Pinellas County Property Appraiser was non-existing. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before November 9, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2016-10-26 12 This case came before the City of Clearwater Municipal Code Enforcement Board on October 26, 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: residential grass parking, hauling trailer in right-of-way, and exterior storage. 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.2, 3-1407.A.5, 3-1407.A.1.b, 3-1407.A.2.c, 3-1407.A.3.c, 3-1502.G.1, 3-152.G.2, 3- 1502.G.3, & 3-1503.113.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all hauling trailers from right-of- way and park in the rear yard, on an approved surface, with a permit, remove all vehicles from the grass with the exception of one, which may be parked parallel and adjacent to the driveway, and remove all outdoor storage of construction materials or any other materials not intended for outdoor use to comply with said Section(s) of the Code by the deadline, November 9, 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 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of October 2016, at Clearwater, Pinellas County, Florida. Code Enforcement 2016-10-26 13 4.12 Case 113-16 Continue to Nov. 16, 2016 Edward & Jean Daniel 756 Mandalay Ave. Inoperative Vehicle— Brown Case 113-16 was continued automatically to November 16, 2016. 4.13 Case 114-16 Continue to Nov. 16, 2016 Mary Rogero 172 Devon Dr. Ext. Surfaces— Brown Case 114-16 was continued automatically to November 16, 2016. 4.14 Case 115-16 Michael E Russell 1825 Marilyn Dr. Public Health, Safety or Welfare Nuisance/Ext Surfaces/Ext. Storage —Stewart No one was present to represent the Respondent. 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 Allie Stewart said 3 violations existed. She recommended compliance by November 18, 2016 or a fine of$150 per day per violation be imposed. The unmaintained swimming pool was not fenced; the house was occupied. The property owner did not answer the door or phone but responded to a note from Inspector Stewart with a note. Attorney Smith submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before November 18, 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 October 26, 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: public health, safety or welfare nuisance (hazardous swimming pool), exterior surfaces, and exterior storage The Respondent(s) was/were not present. CONCLUSIONS OF LAW Code Enforcement 2016-10-26 14 The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.113.5, 3- 1503.A, 3-1503.113.1, 3-1503.113.9, 3-1502.113, 3-1502.G.1, & 3-1502.G.2, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall pressure wash the entire exterior of the property to remove all mildew, peeling paint and dirt, paint areas at the front porch, soffit, window sills, garage, east side of the property's soffits and fascia and any areas where paint is missing or peeling, make the pool clear again to be able to see to the bottom of it, and remove all outdoor items that are not intended to be stored outside, including but not limited to a propane tank, concrete blocks, a wire metal cage, a rusted metal drum, a vehicle tire, and a headboard and kitchen chairs from the front porch to comply with said Section(s) of the Code by the deadline, November 18, 2016. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. 4.15 Case 116-16 Sue Saint John Land Trust 2948 St. John Dr. Roof Maint./Ext. Surfaces - Stewart No one was present to represent the Respondent. 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. Code Enforcement 2016-10-26 15 Inspector Allie Stewart said 2 violations existed. She had communicated with the property owner via email. The house was occupied and had a large hole in the roof. She recommended compliance by November 15, 2016 or a fine of$250 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before November 15, 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 October 26, 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: roof maintenance 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) 3-1502.D.1, 3- 1502.D.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 replace any broken or missing tiles and repair the large hole in the roof to make it water tight, pressure wash the roof so that it is clean and neat in appearance, repair and patch the large hole in the ceiling by the front door on the soffit and paint it to match the rest of the soffit to comply with said Section(s) of the Code by the deadline, November 15, 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 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 2016-10-26 16 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 26th day of October 2016, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 46-16 Affidavits of Non-Compliance Christine Riley & Stella Mazur 3319 San Bernadino St. Roof Maint./Ext. Surfaces/Door &Windows/Ext. Storage/Abandoned Bldg./Lot Clearing — Stewart 5.2 Case 66-16 Affidavits of Non-Compliance Jeffery J Hillyer 1985 Beckett Lake Dr. Lot Clearing/Abandoned Bldg —Stewart 5.3 Case 67-16 Affidavits of Non-Compliance Christine J Greenberg Greenberg, Michael Est. 3009 Oakmont Dr. Abandoned Bldg/Lot Clearing/Public Health, Safety &Welfare Nuisance— Phillips 5.4 Case 81-16 Affidavits of Non-Compliance Charles Gruver 415 S Ft Harrison Ave. Exterior Surfaces/Parking Lot Surfaces— Fletcher 5.5 Case 18-12 Affidavit of Compliance Victoria Morton 1419 Union Street Door &Window Openings/Public Health, Safety or Welfare Nuisance — Knight 5.6 Case 32-16 Affidavit of Compliance Jon Daniels & James Fajen 1437 Carlos Ave. Fences &Walls/Roof Maintenance/Exterior Surfaces — Knight 5.7 Case 40-16 Affidavit of Compliance John & Michele Homer 2377 Flint Lock Dr. Exterior Surfaces —Stewart Code Enforcement 2016-10-26 17 5.8 Case 65-16 Affidavit of Compliance Luman & Tiffany Highsmith 309 N Hercules Ave. Residential Grass Parking/Exterior Storage/Inoperative Vehicle—Stewart 5.9 Case 71-16 Affidavit of Compliance H N D Devon LLC 162 Devon Dr. Waterfront Sight Visibility Triangle— Brown 5.10 Case 80-16 Affidavit of Compliance Day Family Trust Day, Alvin Tre 1422 De Leon St. Residential Grass Parking — Fletcher 5.11 Case 95-16 Affidavit of Compliance Gregory & Laura Currier 3349 Hyde Park Dr. Ext. Surfaces— Harris Member Schultz moved to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 46-16, 66-16, 67-16, and 81-16 and to accept the Affidavits of Compliance for Cases 18-12, 32-16, 40-16, 65-16, 71-16, 80-16, and 95-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 18-12 — Request for Lien Reduction Victoria Morton 1419 Union Street Public Health, Safety or Welfare Nuisance/Door &Window Openings— Knight Victor Flock, acting agent for the mortgager's insurer, Federal Home Loan Mortgage Corporation, said the property had been brought into compliance and requested a lien reduction. Mr. Teunis said staff supported reducing the lien to administration costs of$1,417.20. Member Schultz moved to enter an order reducing the fine for Case 18-12 to administration costs of$1,417.20 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on October 26, 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. Code Enforcement 2016-10-26 18 It is the Order of this Board that the lien previously imposed in the Order of the Board dated June 27, 2012, as recorded in O.R. Book 17636, Pages 2127 - 2129 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,417.20 payable to the Petitioner by November 25, 2016. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$318,000.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 26th day of October 2016, at Clearwater, Pinellas County, Florida. 6.2 Case 36-15— Request to Extend Stipulation and Agreement N & M Investment Property LLC 809 Turner St. Ext Storage/Ext Surfaces— Fletcher Frank Aggio, representing N & M Investment Property and the buyers, said a 3 d lien on the property was found prior to closing and additional negotiations were required. He said the property was uninhabitable and needed approximately $100,000 in repairs to meet Code. He was awaiting approval of the new purchase price from the short sale seller and requested extending the Stipulation and Agreement deadline. He said administration costs had been paid. He anticipated work would be completed by January 15, 2017. Attorney Smith submitted composite exhibits. Member Riordon moved to issue an order to extend the Stipulation and Agreement for Case 36- 15 to January 30, 2017. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request to extend the Stipulation and Agreement at a hearing held on October 26, 2016, and enters the following Order: After considering the request to extend the Stipulation and Agreement, which required that Owner and Buyer close on the sale of the property by May 30, 2016, it is evident that extending the date by which Owner and Buyer must close to January 30, 2017 is appropriate and in the best interest of the Petitioner and the Respondent in the above-referenced case. Therefore, it is the Order of this Board that the close by date in paragraph 4 of the Stipulation and Agreement previously executed on March 23, 2016 is hereby extended to January 30, 2017 DONE AND ORDERED this 26th day of October 2016, at Clearwater, Pinellas County, Florida. 6.3 Case 54-16 — Reconsideration of Lien Imposed Frank & Isabelle Blainey 3172 Wessex Way Ext. Surfaces/Roof/Windows Maint./Const. Material Storage - Harris No one was present to represent the Respondent. Attorney Smith requested the board issue an order to stop liens from accruing for Case 54-16; the current lien amount will stay. The City wanted to pursue other avenues to bring the property into compliance. Attorney Smith submitted composite exhibits. Code Enforcement 2016-10-26 19 Member Schultz moved to issue an order stopping further accrual of the lien for Case 54-16. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request to stop further accrual of a lien at a hearing held on October 26, 2016, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request to stop the further accrual of a lien, it is evident that stopping the lien from accruing further is appropriate and in the best interest of the Petitioner and the Respondent 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 28, 2016, as recorded in O.R. Book 19374, Pages 1758— 1763 of the public records of Pinellas County, Florida, is hereby stopped from accruing further. DONE AND ORDERED this 26th day of October 2016, at Clearwater, Pinellas County, Florida. 6.4 Case 92-16 — Repeat Violation - Request for Rehearing —Continue to Nov. 16, 2016 Gilbert Jannelli & Barbara Suslak 23837 US Highway 19 Door &Window Openings/Graffiti Case 92-16 was continued automatically to November 16, 2016. 6.5 Case 48-12 — Request for Contingency Agreement Clearwater Espacio Dev LLC 1100 Cleveland Street Abandoned Bldg - Brown Attorney Smith said the City had not received paperwork for this request; the Case would not be heard at today's meeting. 6.6 Case 68-16 (Repeat Violation) Req. for Rehearing — Continued from 9/28/16 Muhamed Faour 839 Lantana Ave. Short Term Rental — Phillips No one was present to represent the Respondent. Attorney Smith said the item was previously continued. The City had received letters re Cases 68-16 and 69-16. Attorney for the Board Andy Salzman said the board could take action to deny the request before taking evidence. Member Schultz moved to deny the request for a rehearing of Case 68-16. The motion was duly seconded and carried unanimously. Code Enforcement 2016-10-26 20 6.7 Case 69-16 (Repeat Violation) Req. for Rehearing — Continued from 9/28/16 Muhamed Faour 843 Lantana Ave. Short Term Rental — Phillips No one was present to represent the Respondent. Member Schultz moved to deny the request for a rehearing of Case 69-16. The motion was duly seconded and carried unanimously. Concern was expressed that letters from property owner Muhamed Faour re Cases 68-16 and 69-16 were contradictory as they stated the properties were not rented short-term but were listed for rent on VRBO. Three residents complained that for 2 years, visitors staying in illegal short-term rentals at 839 Lantana Avenue and 843 Lantana Avenue disturbed the neighborhood with noise, trash, late night pool parties that included roof jumping, fireworks, rudeness, drunken behavior, and necessary calls to the Police Department. 7. NUISANCE ABATEMENT LIEN FILINGS: TARPON IV LLC 801 HOWARD ST PNU2016-00453 22-29-15-07938-010-0010 $616.15 H & S REALTY & PROPERTY INC 1501 N BETTY LN PNU2016-00574 10-29-15-71694-003-0100 $0.00 30 DAYS REAL ESTATE CORP THE 509 MARILYN TRUST 1140 PALM BLUFF ST PNU2016-00753 10-29-15-33552-006-0520 $370.00 TIMOTHY AMBURGY JANICE AMBURGY 2813 LONG VIEW DR PNU2016-00943 29-28-16-62379-000-0880 $907.44 KENNETH C MILLAN THERESA M MILLAN 3324 FOX HILL DR PNU2016-01023 17-28-16-18647-000-1040 $370.00 Code Enforcement 2016-10-26 21 HELEN REED 1455 S RIDGELANE CIR 02- 29 -15- 88201 - 000 -0870 PNU2016 -01029 $1,176.40 ELIJAH JONES JR 1001 ENGMAN ST PNU2016 -01035 10- 29 -15- 65718- 004 -0011 $220.00 RAFE K BANKS 1465 JOEL LN PNU2016 -01042 02- 29 -15- 10926- 000 -0460 $220.00 CHADWICK JAMES DUDLEY 1265 BYRON AVE PNU2016 -01136 22- 29 -15- 01476 - 000 -0840 $433.00 CHADWICK JAMES DUDLEY 1357 BROWNING ST PNU2016 -01156 22- 29 -15- 01476- 000 -0830 $370.00 PRIMESTAR H FUND I TRUST WILMINGTON SAVINGS FUND SOCIETY FSB THE 2039 SANDRA DR PNU2016 -01324 24- 29 -15- 27036- 000 -1610 $1,078.50 JOSEPH B PERRONE 407 S ORION AVE PNU2016 -01668 13- 29 -15- 82602- 001 -0061 $830.40 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 2:45 p.m. Attest: Secret -ry o the Board Code Enforcement 2016 -10 -26 Code Enforcement Board 22