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12/21/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER December 21, 2016 Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon, Board Member James E. Strickland, Board Member Joseph A. Nycz, Board Member Robert Prast, Board Member Daniel Engel, Board Member Jack Kleban Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague —Secretary to the Board, Patricia O. Sullivan — Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES 2.1. Approve minutes of the November 16, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the November 16, 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 110-16— Continued from Oct. 26, 2016, Continue to April 26, 2017 Kenyon Dodge Inc. 19400 US Hwy 19 Door &Window Openings/Graffiti/Ext. Storage/Aband Bldg./Sidewalks & ROW— Cantrell Case 110-16 was continued to April 26, 2017. 4.2 Case 111-16— Continued from Oct. 26, 2016, Continue to April 26, 2017Sunset Pontiac GMC Trucks 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 to April 26, 2017. Code Enforcement 2016-12-21 1 4.3 Case 130-16—Withdrawn Charles & Sandra Snider 1545 Laura St. Hazardous Tree—Anderson Case 130-16 was withdrawn. 4.4 Case 131-16 Elijah Jones Jr. 1312 Woodbine St. Hauling Trailer— Knight Michael Jones, representing his late father, denied the violation. He said he lived at the subject property. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued following the first inspection on August 19, 2016. The violation at 1312 Woodbine Street related to a hauling trailer parked in the front yard's grass. Property photographs on August 15 and October 3, 2016 showed a hauling trailer parked in the front yard's grass. Property photographs on September 13 and November 7, 2016 showed a hauling trailer and truck parked in the front yard's grass. Property photographs on November 7 and December 9, 2016 showed a trailer parked in the driveway and a boat parked the front yard's grass. Inspector Knight said Mr. Jones had corrected other violations. Mr. Jones discussed difficulties settling his father's estate and said he had health issues. He said the trailer did not fit behind the fence, he could not afford to install a gate, and he could not move the trailer but may need to find somewhere else to park it. 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 Knight recommended compliance by January 21, 2017 or a fine of$150 per day be imposed. Mr. Jones expressed concern that his equipment, which was his livelihood, would be at risk if he moved the trailer. He said he needed 3 to 4 months to comply as the problem could not be fixed until ownership of the property was settled. He said the trailer would not fit in the garage. Assistant City Attorney Matt Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before February 19, 2017. 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 December 21, 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 2016-12-21 2 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: hauling trailer parked on grass in front yard. 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) 3-1403.13.1, 3- 1407.A.1.b, 3-1407.A.2.c, 3-1407.A.3.c, & 3-1407.A.7, 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 the property and store them offsite or store all hauling trailers in the rear or side yard in compliance with all residential setback requirements, behind a 6-foot solid fence, wall, or hedge and on an approved parking surface to comply with said Section(s) of the Code by the deadline, February 19, 2017. 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.5 Case 132-16 Hassen Chaaban Bilal-Malik Hassen Chaaban 1760 Sharondale Dr. Public Health, Safety or Welfare Nuisance (Pool)/Fences/Ext. Surfaces— Knight Code Enforcement 2016-12-21 3 No one was present to represent the Respondents. 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 Daniel Knight provided a PowerPoint presentation. He recommended compliance by January 21, 2017 or a fine of$150 per day for each violation be imposed. The 3 violations at 1760 Sharondale Drive related to a hazardous swimming pool, fence maintenance, and exterior surfaces. Property photographs on September 1, 2016 showed the bottom of the swimming pool could not be seen through opaque water caused by significant algae, a leaning fence with missing slats, and mildew on exterior surfaces, damaged wood, and deteriorated soffit. Property photographs on September 19, 2016 showed damaged wood, and deteriorated soffit, mildew, peeling paint, and discoloration on exterior surfaces and no change to the condition of the swimming pool or fence. Property photographs on October 17, November 4, and December 9, 2016 showed no change to the property's condition. In response to a concern that the recommended fine was too low, Inspector Knight said significant roadwork had been underway nearby, vandals had thrown stones through property windows, and the property owners, who lived in Michigan, indicated the posted Notice of Violation was not seen and the violations would be repaired. The pool was fenced. Concern was expressed the swimming pool was hazardous. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before January 17, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day for each day the violation regarding the hazardous swimming pool continues to exist and a fine of$150 per day per violation for each day each violation regarding the fences and exterior surfaces continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 21, 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: hazardous swimming pool, fence 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) 3-1503.113.5, 3- 1503.A, 3-1503.113.1, 3-1503.113.3, 3-1503.113.9, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3- 808.A.5, & 3-1502.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2016-12-21 4 It is the Order of the Board that the Respondent(s) shall clean the swimming pool so that it is clear to see to the bottom and maintain it on a regular basis to comply with said Section(s) of the Code by the deadline, January 17, 2017. The fine is $250.00 per day for each day the pool violation continues past the date set for compliance AND It is the Order of the Board that the Respondent(s) shall repair and/or replace the fence so that it is in a vertical, secure and attractive condition, free of rotten boards, and clear/clean building of all peeling paint and discoloration, repair/replace all damaged and deteriorated wood and paint where needed to comply with said Section(s) of the Code by the deadline, January 17, 2017. The fine is $150.00 per day per violation re fence maintenance and exterior surfaces 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.6 Case 133-16 Moore, John A Est. 915 N Highland Ave. Ext. Surfaces/Door &Window Openings/Clean Roof/Abandoned Bldg./Lot Clearing — Knight 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. Code Enforcement 2016-12-21 5 Inspector Daniel Knight said Notices of Violation were issued on September 26 and 27, 2016. Compliance was an issue while HUD (Housing & Urban Development) Department was taking over the property. During the previous week, the property was cleared of brush and debris and the roof was cleaned. Three violations remained; 1) exterior surfaces; 2) door& window openings; and 3) abandoned building. He recommended compliance by January 21, 2017 or a fine of$250 per day per violation be imposed and requested a declaration of violation for the lot clearing and clean roof violations. In response to a question, he said the amount of the recommended fine was due to the abandoned building and transient activity. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the 3 violations regarding exterior surfaces, window openings, and abandoned building on or before January 21, 2017. 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. Member Riordon moved to find the Respondent was in violation of the City of Clearwater Code regarding clean roof and lot clearing as referred to in the affidavit in this case, these 2 violations were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for these 2 violations. If the Respondent repeats the violation(s), the Board may order a fine of up to $500 for each day the violation(s) continue(s) to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 21, 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: abandoned building, exterior surfaces, and door and window openings and window maintenance. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Sections 3-1503.A, 3- 1503.B.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9, 3-1502.113, 3-1502.C.1 & 3-1502.C.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) occupy or sell the property, demolish the building on the property, correct all Code violations, and maintain the property and building in a nuisance free condition; 2) clear/clean the building of all peeling paint and discoloration, repair/replace all damaged and deteriorated wood and paint where needed; and 3) remove all boards covering the windows and repair/replace any damaged or broken windows to comply with said Section(s) of the Code by the deadline, January 21, 2017. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. Code Enforcement 2016-12-21 6 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. AND This case came before the City of Clearwater Municipal Code Enforcement Board on December 21, 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 related to the clean roof and lot clearing trash and debris 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) 3-1502.D.3, 3- 1503.A, 3-1503.13.1, 3-1503.13.7, 3-1503.13.8 & 3-1503.13.10 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 2016-12-21 7 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.7 Case 134-16 Gulf Point Ltd. 1938 Springtime Ave. Vacant Parcel Maint. — Knight Bob Jackson, the sole surviving partner of Gulf Point Ltd., admitted to the violation. Inspector Daniel Knight said the property was in compliance and requested a declaration of violation. He provided a PowerPoint presentation. Property photographs on October 7, 2016 showed overgrowth. Property photographs on October 24, 2016 showed a barbeque grill in the lot's right-of-way, a tarp covering a large object behind the fence, and overgrowth. Property photographs on November 4, 2016 showed an object covered with a tarp in front of the fence and another object leaning on the fence. A property photograph on December 21, 2016 showed the property was cleared. Mr. Jackson said he had health problems and apologized for the delay in meeting compliance. 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, the violation was corrected prior to today's hearing, 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 $500.00 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 December 21, 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 was present. Code Enforcement 2016-12-21 8 CONCLUSIONS OF LAW The Respondent was in violation of City of Clearwater Code Section(s) 3-1502.11 & 3-1502.13 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.8 Case 135-16 Nhan Dinh Hong Nguyen 1455 Overlea St. Ext. Storage— Knight Linda Nguyen, representing the Respondents, 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 Daniel Knight said the property had 1 violation related to exterior storage. Police were called re a disturbance and found people living in 3 of the 5 backyard tents. He recommended compliance by January 21, 2017 or a fine of$150 per day be imposed Ms. Nguyen said an eviction notice was delivered to the tenants on December 15, 2016. She was unaware of the police call or backyard tents. Attorney Smith submitted composite exhibits. Code Enforcement 2016-12-21 9 Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before January 31, 2017. 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 December 21, 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. 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.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 not intended for outdoor use or not meant to be kept outdoors, including all exterior storage under the carport to comply with said Section(s) of the Code by the deadline, January 31, 2017. 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. Code Enforcement 2016-12-21 10 DONE AND ORDERED this 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.9 Case 136-16 David Crosby Barbara Kilcollins-Crosby 1437 Joel Ln. Landscaping Maint. — Knight No one was present to represent the Respondents. 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 Daniel Knight said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Riordon moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, 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 $500.00 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 December 21, 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 Respondents were not present. CONCLUSIONS OF LAW The Respondents were in violation of City of Clearwater Code Section(s) 3-1502.H.1, 3- 1502.H.2, 3-1502.H.3, & 3-1204.113, 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 Code Enforcement 2016-12-21 11 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.10 Case 137-16 Alisa Gianfilippo 39 Acacia St. Short Term Rental — Phillips No one was present to represent the Respondent. 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 Julie Phillips said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Prast moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, 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 $500.00 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 December 21, 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 Respondents were not present. CONCLUSIONS OF LAW The Respondents were in violation of City of Clearwater Code Section(s) 1-104.113 & 3-919, referred to in the Affidavit in this case. Code Enforcement 2016-12-21 12 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.11 Case 138-16 Henry Bauer 11 N Crest Ave. Short Term Rental — Phillips 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 Julie Phillips said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Riordon moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, 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 $500.00 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 December 21, 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 Code Enforcement 2016-12-21 13 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 Respondents were not present. CONCLUSIONS OF LAW The Respondents were in violation of City of Clearwater Code Section(s) 1-104.113 & 3-919, 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.12 Case 139-16 Magnolia Florida Real Estate Investment LLC 208 Magnolia Dr. Short Term Rental — Phillips No one was present to represent the Respondent. Member Kleban 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 Julie Phillips said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Engel moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to Code Enforcement 2016-12-21 14 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 $500.00 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 December 21, 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 was not present. CONCLUSIONS OF LAW The Respondent was in violation of City of Clearwater Code Section(s) 1-104.113 & 3-919, 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.13 Case 140-16 Trip-McGraw LLC 43 Kipling Plz Short Term Rental — Phillips No one was present to represent the Respondent. Code Enforcement 2016-12-21 15 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 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, the violation was corrected prior to today's hearing, 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 $500.00 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 December 21, 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 was not present. CONCLUSIONS OF LAW The Respondent was in violation of City of Clearwater Code Section(s) 1-104.113 & 3-919, 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. Code Enforcement 2016-12-21 16 DONE AND ORDERED this 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.14 Case 141-16—Withdrawn Naomi Surface 3382 Atwood Ct. Ext. Surfaces/Fences/Public Health, Safety or Welfare Nuisance(Pool)— Stewart Case 141-16 was withdrawn. 4.15 Case 142-16 1510 Barry Holding LLC 1510 Barry Rd. Ext. Storage/Lot Clearing/Abandoned Bldg. —Alston Brendon Barry, contractor representing the Respondent, was present. Inspector Trava Alston provided a PowerPoint presentation. A notice of violation was issued following the first inspection on April 15, 2016. The 3 violations at 1510 Barry Road related to exterior storage, lot clearing, and a public nuisance abandoned building. A screenshot from Clearwater Utilities showed water to the property was shut off on July 7, 2015. Photographs of the commercial property on March 21 and 31, July 28 and November 28, 2016 showed a bicycle, trailer, and personal effects. Property photographs on March 21, 2016 showed piles of brush and debris, an opening to a building, and exterior storage of a 5-gallon bucket, PVC pipes, liquid-filled jugs and small bottles. Property photographs on March 31, 2016 showed a RV, discarded television, syringe, piles of brush, and building materials in a room. Property photographs on May 3, 2016 showed building materials and interior doors stacked in the breezeway. Property photographs on June 14, 2016 showed a 5-gallon bucket on stacks of concrete pieces. Property photographs on July 28, 2016 showed graffiti, aluminum strips on the sidewalk, furniture in the breezeway, and stacks of building materials. Property photographs on November 28, 2016 showed interior and exterior storage of building materials and other items, an opening in the building, and multiple piles of brush. Inspector Alston said the City received a complaint about the property which abuts a neighborhood. It appeared 3 transients lived in multiple onsite camps. He had no contact with a property representative until today. Mr. Barry said he had come on board in June. He said everything was cleaned up by December 19, 2016. He 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. Mr. Barry said the City had ordered work addressing violations to be stopped until it was permitted. He said the permitting process had taken 2 years. He said 4 truckloads of landscape debris dumped onsite were removed and graffiti would be addressed in the next few days. Inspector Alston recommended compliance by January 21, 2017 or a fine of$250 per day per violation be imposed. Mr. Barry said the application for an ALF (Assisted Living Facility) permit may not be issued for 3 months. Code Enforcement 2016-12-21 17 The Municipal Code Enforcement Board recessed from 3:08 to 3:18 p.m. Planning & Development Assistant Director Gina Clayton said if the DRC (Development Review Committee) approved the respondent's flexible development application for a 90-bed ALF in January, the application would be presented to the CDB (Community Development Board) for approval in February. Concern was expressed regarding future management of the property and it was recommended that temporary fencing be installed and a no trespassing sign be posted. Code Compliance Manager Terry Teunis said the City would support a February compliance date. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations regarding lot clearing and exterior storage on or before January 21, 2017. 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 and to enter an order requiring the Respondent to correct the violation regarding abandoned building on or before February 29, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day for each day the abandoned building 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 December 21, 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 storage, lot clearing, and abandoned building. 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, 3-1502.H.3, 3-1503.113.7, 3-1503.113.6, 3-1503.A, 3-1503.113.1, & 3- 1503.B.2, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all construction materials and items not intended for outdoor use, remove all graffiti, trash and debris, and maintain property on a regular basis to comply with said Section(s) of the Code by the deadline, January 21, 2017. The fine is $150.00 per day for each and every day each violation related to exterior storage and lot clearing continues past the date set for compliance. Code Enforcement 2016-12-21 18 AND It is the Order of the Board that the Respondent(s) shall lease, sell or occupy the property and keep the property in a secured maintained state at all times to comply with said Section(s) of the Code by the deadline, February 29, 2017. The fine is $250.00 per day for each and every day the abandoned building violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Trava Alston, 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 4.16 Case 143-16— Repeat Violation Bay Trust Services LLC Tre 607 Ermine St. Ext. Storage - Devol Gertrude Foster said she owned the property and admitted to the violation. 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 has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Diane Devol said last year, the Board found Ms. Foster's property at 608 Ermine Street in violation of the Code re exterior storage. She recommended a $4,200 fine be imposed for the repeat violation for the 28 days from November 18 to December 15, 2016 at$150 a day. Inspector Devol provided a PowerPoint presentation for 607 Ermine Street. Property photographs showed a multitude of junk in the yard. The property was visible from Ermine Street and N. Myrtle Avenue. The house and shed were in the back of the property with a large kennel of dogs. The property was in compliance on December 16, 2016. Code Enforcement 2016-12-21 19 In response to a question, Inspector Devol said Ms. Foster's property across the street was razed after the Board issued an order re excessive outdoor storage. Ms. Foster said she still paid the mortgage for 608 Ermine Street after spending $10,000 to raze the house. She did not want to incur additional fines. She reviewed her efforts picking up trash daily and trimming the palm tree on City property. She said she had cleaned the property according to Inspector Devol's direction. She felt she had done everything possible to comply. In response to a question, Ms. Foster said her tenant had accumulated the exterior storage, which was not her fault. She said she needed the rental income as she had more bills than money. She said she did not live in Clearwater. She said she had offered her tenant a storage facility; the tenant may move out by late January. It was felt Ms. Foster had done a great job cleaning the property and the fine should be less than recommended. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order that a fine of$1,400 be imposed for the time the violation existed, payable within 150 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 per day for each day the violation exists. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 21, 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 exterior storage was/were in violation of the City of Clearwater Code. The Respondent was present. CONCLUSIONS OF LAW The Respondent was in violation of Code Section(s) 3-1502.G.1 & 3-1502.G.2 as referred to in the Affidavit in this case and previously was found to have violated the same Code Sections on March 25, 2015, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent pay a fine of$1,400.00 ($50.00 daily fine) for the time period from November 18 through December 15, 2016, when the repeat violation(s) occurred, payable by May 19, 2017. The Board further orders that if the Respondent repeats the violation referenced herein within 5 years, the Board may order the Respondent 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. Code Enforcement 2016-12-21 20 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 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 56-12 Affidavit of Compliance Timothy & Janice Amburgy 2813 Long View Drive Door &Window Openings— Fletcher 5.2 Case 56-16 Affidavit of Compliance Dani Lemberger 1485 Pinebrook Dr. Exterior Surfaces — Knight 5.3 Case 60-16 Affidavit of Compliance Christine Pecha 1717 Starlight Dr. Landscape Cover— Fletcher 5.4 Case 84-16 Affidavit of Compliance William & Tina Wilson 514 N Lincoln Ave. Landscaping Required — Knight 5.5 Case 102-16 Affidavit of Compliance Richard Koster Lance Koster 1101 Seminole St. Signage without Permits—Weaver 5.6 Case 104-16 Affidavits of Compliance Mary M. Singletary 1349 Terrace Rd. Ext. Storage/Grass Parking — Devol Code Enforcement 2016-12-21 21 5.7 Case 112-16 Affidavits of Compliance R & F Underground Construction Inc. 112 N Nimbus Ave. Res. Grass Parking/Hauling Trailer ROW/Ext. Storage— Cantrell 5.8 Case 117-16 Affidavit of Compliance Clearwater 19 Commerce Center LLC 21937 US Highway 19 Nuisance— Offensive Odor -Weaver 5.9 Case 86-16 Affidavit of Non Compliance Andrew J. Weiner 1956 Souvenir Dr. Motor Vehicle Coverage— Fletcher 5.10 Case 98-16 Affidavits of Non Compliance Helen Reed 1455 S Ridgelane Cir Abandoned Bldg./Ext. Surfaces— Knight 5.11 Case 101-16 Affidavit of Non Compliance Rafe K Banks 1465 Joel Ln. Ext. Surfaces - Knight 5.12 Case 107-16 Affidavits of Non Compliance Greenpoint Mtg Funding Trust 1458 Overlea St. Roof Maint./Ext Surfaces/Aband Bldg. — Knight 5.13 Case 108-16 Affidavit of Non Compliance Annie R Ellington 1353 Terrace Rd. Ext. Storage— Knight 5.14 Case 115-16 Affidavits of Non Compliance Michael E Russell 1825 Marilyn Dr. Public Health, Safety or Welfare Nuisance/Ext Surfaces/Ext. Storage —Stewart 5.15 Case 116-16 Affidavits of Non Compliance Sue Saint John Land Trust 2948 St. John Dr. Roof Maint./Ext. Surfaces - Stewart Member Riordon moved to accept the Affidavits of Compliance for Cases 56-12, 56-16, 60-16, 84-16, 102-16, 104-16, 112-16, and 117-16 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 86-16, 98-16, 101-16, 107-16, 108-16, 115-16 and 116-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS Code Enforcement 2016-12-21 22 6.1 Case 32-16 — Request for Lien Reduction Jon Daniels & James Fajen 1437 Carlos Ave. Fences &Walls/Roof Maintenance/Exterior Surfaces/Lot Clearing — Knight Secretary to the Board Nicole Sprague advised the property's contact is in California and that she would present the request. Mr. Teunis said the City supported reduction of the fine to administration costs of$1,161.20. Member Riordon moved to enter an order reducing the fine for Case 32-16 to administration costs of$1,161.20 payable within 60 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 December 21, 2016, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated July 27, 2016, as recorded in O.R. Book 19398, Pages 1491 - 1493 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,161.20 payable to the Petitioner by February 19, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$40,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 21 st day of December 2016, at Clearwater, Pinellas County, Florida. 6.2 Case 27-15— Request for Stipulation and Agreement George Paitakis 407 S Hillcrest Ave. Delinquent BTR - Brown CSF (Community Service Foundation) Executive Director Perry Bean said he represented the potential purchaser of the property, which will be rehabbed for sale to a low-income family. He requested a reduction to the fines and liens to save taxpayer funds. Member Riordon moved to approve the Stipulation and Agreement for Case 27-15. The motion was duly seconded and carried unanimously. 6.3 Case 48-12 — Request for Lien Reduction Clearwater Espacio Dev LLC 1100 Cleveland Street Abandoned Bldg - Brown Attorney Eric Page, representing Clearwater Espacio Development LLC, said the purchaser had extensive background in commercial, mixed-use, and residential development and planned Code Enforcement 2016-12-21 23 apartments, townhomes, and 10,000 square-feet of retail for the property. He said the previous potential purchaser was unaware of development costs and Clearwater Espacio had worked diligently since then to market the property. He reviewed the Stipulation and Agreement, stating Clearwater Espacio would dismiss its lawsuit against the City when it is signed. He said the property had been purchased and discussed the developer's timeline. He requested the fine be reduced to administrative costs once the development was completed. Concerns were expressed the development would not be completed for 2 '/2 years and the site had been a long-time thorn in Clearwater. Mr. Teunis said the City was comfortable with the agreement. Attorney Page reviewed Clearwater Espacio efforts to secure the property. He said Clearwater Espacio had made significant concessions to make the agreement work. He noted Clearwater Espacio had paid more than $100,000 in fines. Member Riordon moved to approve the Stipulation and Agreement for Case 48-12. The motion was duly seconded. Members Strickland, Riordon, Nycz, Prast, Kleban and Chair Carothers, voted "Aye"; Member Engel voted "Nay." Motion carried. 7. NUISANCE ABATEMENT LIEN FILINGS: BANK OF AMERICA 1770 RAGLAND AVE PNU2016-00900 06-29-16-16506-000-0480 $710.00 RAFE K BANKS 1465 JOEL LN PNU2016-01025 02-29-15-10926-000-0460 $434.50 ELIJAH JONES JR 1001 ENGMAN ST PNU2016-01034 10-29-15-65718-004-0011 $665.50 PADDEN, JOSEPHINE THE 51 VERBENA ST PNU2016-01196 05-29-15-54666-023-0070 $370.00 KAREN CHAMUSCO 1224 PALM ST PNU2016-01302 03-29-15-15840-001-0320 $370.00 JOHN V TEDESCO TRACI M TEMMEN 1701 EVANS DR PNU2016-01523 05-29-16-94392-006-0300 $460.50 Code Enforcement 2016-12-21 24 Y H H LLC, C/O CARMEN HAYES 3100 GULF TO BAY BLVD 16- 29 -16- 00000 - 240 -0500 PN U2016 -01770 $220.00 Member Riordon moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. Mr. Teunis introduced Board Member Jack Kleban. He offered congratulations to Inspector Mary Jo Weaver on her retirement and thanked her for her service to the City. 8. ADJOURN The meeting adjourned at 3:45 p.m. Attest: Chair, cipal Code Enforcement Board Secret to the Boar Code Enforcement 2016 -12 -21 25