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01/25/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER January 25, 2017 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 December 21, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the December 21, 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 01-17 David Carter 909 Hart St. Door &Window Openings/Public Health, Safety or Welfare Nuisance — Devol 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 Diane Devol provided a photograph presentation for 2 violations at 909 Hart Street for door and window openings and an unmaintained swimming pool, a Public Nuisance. Property photographs on August 25, 2016 showed torn screens on the pool cage and the bottom of the swimming pool was not visible through opaque green water. Property photographs on January 23, 2017 showed pool cage screens had been repaired but opaque water in the fenced swimming pool continued to be a Public Nuisance. She recommended compliance for the swimming pool by Code Enforcement 2017-01-25 1 February 28, 2017 or a fine of$150 per day be imposed and requested a declaration of violation for door and window openings. Assistant City Attorney Matt Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the Public Nuisance violation for the unmaintained swimming pool on or before February 28, 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 AND moved that the violation for door and window openings was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for the violation. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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: Public Health, Safety or Welfare Nuisance related to a hazardous swimming pool. It also is evident conditions related to door& window openings 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) is/are in violation the City of Clearwater Code Section 3-1503.113.5, as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Sections 3-1502.C1 & 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 clean the pool so the water is clear and does not present an odor or health hazard and continue to maintain the pool on a regular basis to comply with said Section(s) of the Code by the deadline, February 28, 2017. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. It is the Order of this Board that no fine will be imposed against the Respondent(s) for conditions related to door & window openings. If the Respondent(s) repeats/repeat these violations 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. Upon complying with said Section 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 Code Enforcement 2017-01-25 2 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.2 Case 02-17 Venetian Pt Land Trust 1857 Venetian Point Dr. Ext. Surfaces/Ext. Storage/Inoperative Vehicle/Residential Rental BTR— Devol 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 Diane Devol provided a PowerPoint presentation. Notices of violation were issued on September 2 and November 3, 2016, following the first inspection. The 4 violations at 1857 Venetian Point Drive related to exterior surfaces, exterior storage, inoperative vehicle, and residential rental BTR (Business Tax Receipt). Property photographs on August 25 and October 5, 2016, .showed junk in front of the house and damaged wood on exterior surfaces. Property photographs on August 25, 2016 also showed an untagged trailer with 2 jet skis. The property's rear was not accessible. An occupant told Inspector Devol the 4 male residents, traveling salesmen who worked up to 8 months a year, would vacate the property in April. Property photographs on October 27, 2016 showed exterior storage by the front door. Property photographs on November 21, 2016 showed an automobile with a flat tire in the driveway. Property photographs on January 13, 2017 showed a significant amount of junk and bags of trash by the front door. Inspector Devol said neither the owner nor resident agent had responded. The property had Police Department calls for service. Property photographs on January 23, 2017 showed the exterior storage and inoperative vehicles had been removed. Inspector Devol recommended compliance for exterior surfaces and Residential Rental BTR by February 28, 2017 or a fine of$150 per day per violation be imposed and requested a declaration of violation for exterior storage and inoperative vehicle. Three residents spoke testifying the junk and trash were moved to the property's rear, wind blew trash and beer cans from the subject property throughout the quiet residential neighborhood, and neighbors had made multiple calls to the Police Department to complain about loud noise, partying, wall-shaking music, and fighting at the property. It was requested the City be vigilant against Code Enforcement 2017-01-25 3 human trafficking and prohibit alcohol rehabilitation facilities and multiple unrelated tenants in single-family residences to protect neighborhood residents. Attorney Smith submitted composite exhibits. A higher daily fine was recommended. It was requested that Code Enforcement Manager Terry Teunis ask the Police Department to keep an eye on the property. Member Riordon moved to enter an order requiring the Respondent to correct exterior surfaces and Residential Rental BTR violations on or before February 28, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day per violation for each day each violation continues to exist AND moved that violations for exterior storage and inoperative vehicle were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for the violations. If the Respondent repeats the violations, the Board may order a fine of up to $500 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 January 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: Exterior Surfaces and Residential Rental Business Tax Receipt. It also is evident that 2 conditions related to Exterior Storage and Inoperative Vehicle 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) is/are in violation the City of Clearwater Code Sections 3-1502.113, 3-2302 & 3- 2303, as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Sections 3-1502.G.1, 3- 1502.G.2, and 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 1) Exterior Surfaces - repair all areas of the house and outside deck that have rotten wood and paint all areas of the house with faded and/or peeling paint and 2) Residential Rental Business Tax Receipt - submit proper application to obtain a Business Tax Receipt and pay the fee and penalty fee to comply with said Section(s) of the Code by the deadline, February 28, 2017. The fine is $200.00 per day per violation for each and every day each violation continues past the date set for compliance. It is the Order of this Board that no fine will be imposed against the Respondent(s) for conditions related to Exterior Storage and Inoperative Vehicle. If the Respondent(s) repeats/repeat these violations 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 2017-01-25 4 Upon complying with said Section 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.3 Case 03-17 —Continue to 2/22/17 Sreejaya Grass 1413 Stewart Blvd. Roof Maintenance— Cantrell Case 03-17 was continued automatically to February 22, 2017 4.4 Case 04-17 Groch, Andy Est. 2425 Druid Rd. E Ext. Surfaces/Clean Roof/Ext. Storage/Aband. Bldg./Lot Clearing — Cantrell 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 Jason Cantrell said 4 violations at 2425 Druid Rd. E for exterior surfaces, clean roof, exterior storage, and lot clearing were corrected and he requested a declaration of violation. He provided a screenshot from Clearwater Utilities showing the property's water was cutoff on June 4, 2015. He recommended compliance for abandoned building by March 1, 2017 or a fine of$200 per day be imposed. Attorney Smith submitted composite exhibits. Member Prast moved that 4 violations for exterior surfaces, clean roof, exterior storage, and lot clearing were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for the violations. If the Respondent repeats the violations, the Board may Code Enforcement 2017-01-25 5 order a fine of up to $500 for each day each violation continues to exist. The motion was duly seconded and carried unanimously. Member Riordon moved to enter an order requiring the Respondent to correct the violation for abandoned building on or before March 1, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day for each day the violation continues to exist. The motion was duly seconded. Members Riordon, Nycz, Prast, Engel, and Chair Carothers voted "Aye"; Members Strickland and Kleban voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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: Abandoned Building, Welfare/Safety Nuisance. It also is evident that 4 conditions related to Exterior Surfaces, Clean Roof, Exterior and Construction Storage, and Lot Clearing 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) is/are in violation the City of Clearwater Code Section 3-1503.A. & 3-1503.113.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.6, & 3-1503.113.9 as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Sections 3-1502.D.3, 3- 1502.B, 3-1503.113.7, 3-1503.113.8. & 3-1503.113.10, 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 maintain the property free from Code violations, have active utilities, and occupy or sell the property to comply with said Section(s) of the Code by the deadline, March 1, 2017. The fine is $200.00 per day for each and every day the violation continues past the date set for compliance. It is the Order of this Board that no fine will be imposed against the Respondent(s) for conditions related to Exterior Surfaces, Clean Roof, Exterior and Construction Storage, and Lot Clearing. If the Respondent(s) repeats/repeat these violations 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. Upon complying with said Section 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. Code Enforcement 2017-01-25 6 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.5 Case 05-17 — Repeat Violation Neal & Sheri Blake 1925 Chenango Ave. Vehicle Repair— Residential Zone— Knight 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 and committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Daniel Knight provided a PowerPoint presentation. On September 28, 2016, the MCEB (Municipal Code Enforcement Board) issued a Declaration of Violation order for this property at 1925 Chenango Avenue; the violation for vehicle repairs in a residential zone was corrected prior to the meeting. The Notice of Repeat Violation was issued on November 4, 2016. The property owner said it would be easier to collect rent from the tenant than to evict him. Property photographs on November 4, December 12 and 27, 2016 showed vehicle mechanic tools and vehicles being repaired, with some on jacks. A property photograph on December 28, 2016 showed the property in compliance. Inspector Knight recommended imposing a fine of$500 per day for 53 days from November 4 to December 27, 2016, totaling $26,500. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order that a fine of$26,500 be imposed for the time the violation existed, payable within 60 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Code Enforcement 2017-01-25 7 Based upon the testimony and evidence received, it is evident that vehicle repair in a residential zone was/were in violation of the City of Clearwater Code. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 3-916.0 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on September 28, 2016, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$26,500.00 ($500.00 daily fine) for the time period from November 4 to December 27, 2016, when the repeat violation(s) occurred, payable by March 26, 2017. The Board further orders that if the Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.6 Case 06-17 James I LLC 1930 Overbrook Ave. Vacant Parcel Maintenance — 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. Inspector Daniel Knight provided a photograph presentation for the violation at 1930 Overbrook Avenue related to vacant parcel maintenance. Property photographs on August 26 and November 30, 2016 showed overgrowth and a dilapidated storage shed. Property photographs on January 12, 2017 showed the shed and partial mowing of the property. Inspector Knight recommended compliance by February 25, 2017 or a fine of$150 per day be imposed. Code Enforcement 2017-01-25 8 A resident said he recently purchased the abutting property and had cleaned and mowed part of the subject property. He said the property's ownership was a quagmire. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before February 25, 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 January 25, 2017, 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: Vacant Parcel Maintenance. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.11 & 3- 1502.13, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall maintain the vacant parcel in a neat and attractive manner free of weeds, litter, rubble and/or debris and remove the shed from the property to comply with said Section(s) of the Code by the deadline, February 25, 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 2017-01-25 9 DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.7 Case 07-17 Michael Taylor 1432 Pine Brook Dr. Ext. Storage/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. Inspector Daniel Knight provided a photograph presentation for 2 violations at 432 Pine Brook Drive related to exterior storage and lot cleaning -trash and debris. Property photographs on November 1, 7, and 29 and December 12, 2016 and January 12 and 25, 2017 showed trash, coolers, and miscellaneous items in the front yard, piles of junk next to the house, and a trailer, ladder, multiple chairs, tables, discarded wood, a pile of brush and miscellaneous items in the backyard. For the first time, Inspector Knight had contact today with the owner, who indicated he was disabled and would correct the violation within a month. Inspector Knight recommended compliance by February 25, 2017 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Kleban moved to enter an order requiring the Respondent to correct the violations on or before February 25, 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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 Lot Clearing. 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.G.1, 3- 1502.G.2, 3-1502.G.3, 3-1503.113.7, 3-1503.A, & 3-1503.113.1, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Lot Clearing - remove all brush, trash, and debris from the property and maintain it on a regular basis and 2) Exterior Storage— remove all items from the property that are not meant to be used or kept outdoors to comply with said Section(s) of the Code by the deadline, February 25, 2017. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Code Enforcement 2017-01-25 10 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.8 Case 08-17 Tamara M Nenni 1726 Bentley St. Hauling Trailer/Aband. Bldg. — Knight Property Owner Tamara Nenni said she had fixed the violations but did not know if she should admit to them. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on October 18, 2016, following the first inspection. The 2 violations at 1726 Bentley Street related to an unscreened hauling trailer in the front yard and abandoned building. Screen shots from Clearwater Utilities showed the water was cutoff on March 26, 2015 and reconnected on January 19, 2017. Property photographs on October 5 and 17, November 1, and December 12, 2016 and January 12, 2017 showed an unscreened hauling trailer in the front yard. Property photographs on October 24, 2016 and January 24, 2017 showed the hauling trailer had been removed. Ms. Nenni said a family member's medical challenges over the past 18 months were resolved. She said the home's interior required rehabilitation and the hauling trailer may be needed from time to time. She hoped to move back into her house soon. Inspector Knight said the property was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Strickland moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violations were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2017-01-25 11 This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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 2 conditions existed; however, it is further evident the conditions were 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) 3-1407.A.2.c, 3- 1407.A.3.c, 3-1407.A.1.b, 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 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 09-17 Jessica & Jerome Howard 1361 Mary L Rd. Hauling Trailer/Ext. Surfaces— Knight 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 Daniel Knight said the City received a complaint on September 13, 2016; he spoke with the property owner on October 7, 2016. Inspector Knight provided a photograph presentation of the 2 violations at 1361 Mary L Road for an unscreened hauling trailer and exterior surfaces. Property Code Enforcement 2017-01-25 12 photographs on October 6 and 24, November 10 and December 12, 2016 and January 12 and 25, 2017 showed exterior surfaces with peeling and missing paint, discoloration and an unscreened hauling trailer. He recommended compliance by February 25, 2017 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violations on or before February 25, 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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: Unscreened Hauling Trailer 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) 3-1407.A.2.c, 3- 1407.A.3.c, & 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: 1) Exterior Surfaces - clear/clean building of all peeling paint and discoloration, repair/replace all damaged and deteriorated wood, and paint where needed and 2) Hauling Trailer - remove hauling trailer from property or park/store it on approved parking surface on side or rear of property, behind a 6-foot solid fence, wall or hedge and obtain all required permits to comply with said Section(s) of the Code by the deadline, February 25, 2017. 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 Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Code Enforcement 2017-01-25 13 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.10 Case 10-17 Isa Vranica 322 N Jupiter Ave. Ext. Surfaces— Knight Property Owner Isa Vranica said the violation was repaired. 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 provided property photographs that showed exterior surface violations at 322 N Jupiter Avenue and property photographs taken January 12, 2017 that showed the exterior surfaces had been repaired and painted. The property was in compliance. He requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Riordon moved that the violation was corrected prior to today's hearing and to enter an order that no fine be imposed against the Respondent for the violation. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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) 3-1502.113 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 2017-01-25 14 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.11 Case 11-17 Halimoon Khan 638 Bryant St. Ext. Surfaces— Brown No one was present to represent the Respondent. Inspector Shelby Brown 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 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 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 January 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1502.113 as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-01-25 15 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.12 Case 12-17 -Withdrawn 1501 South Fort Harrison Land Trust 1501 S Ft Harrison Ave. Address Numbers/Ext. Storage— Brown Case 12-17 was withdrawn. 4.13 Case 13-17 Doris Rose & Ralph Hunstein 1233 Lakeview Rd. Landscaping Required —Alston Property owner Ralph Hunstein denied the violation. Inspector Trava Alston provided a PowerPoint presentation. After the City received a complaint about the property and the first inspection, a notice of violation was issued on September 15, 2016. The violation at 1233 Lakeview Road related to required landscaping. Property photographs on August 10 and August 29, 2016 showed a large truck, wheel barrel, cement mixer, and construction material in the front yard which was covered with milling gravel/asphalt and patches of grass/weeds. Property photographs on August 29, 2016 also showed a pile of milling gravel/ asphalt in the front yard. Property photographs on October 5 and November 1 and 28, 2016 showed a tractor in the front yard which was covered with milling gravel/asphalt and patches of grass/weeds. Property photographs on November 28, 2016 and January 20, 2017 showed a Clearwater trash barrel by the house and unknown materials under a tarp in the front yard which was covered with milling gravel/asphalt and patches of grass/weeds. Inspector Alston said no permits were pulled for renovations to the unoccupied house which had no stairs to the second floor entrance. Mr. Hunstein said he had a serious health condition and the project would have been completed had he not had a total hip replacement. He said crushed asphalt was permeable, used in high end homes, and should be legal in Clearwater. He said he could cover the entire front yard with asphalt. He said the property had been in his family since 1961. He said landscaping would be installed but he needed additional time. Code Enforcement 2017-01-25 16 Discussion ensued with concerns expressed that asphalt contained tar, Mr. Hunstein had spread the pile of milling gravel/asphalt over the yard after the City advised him the material was not permitted, and a comment that the milling gravel/asphalt must be removed. Attorney Smith said landscape materials must be organic. 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 Alston recommended compliance by February 25, 2017 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before April 15, 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 January 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: Landscaping Required. 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.H.1, 3- 1502.H.2, 3-1502.H.3, 3-1204.A, & 3-1204.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all asphalt/millings type materials and replace with approved ground coverage and maintain regularly. All landscape materials, including turf, shrubs and trees, shall be maintained in a healthy live condition to present a neat and attractive appearance and discourage the accumulation of trash or debris and/or infestation by pests to comply with said Section(s) of the Code by the deadline, April 15, 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 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 Code Enforcement 2017-01-25 17 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.14 Case 14-17 Doris Rose & Ralph Hunstein 1233 Lakeview Rd. Ext. Surfaces— Fletcher Property owner Ralph Hunstein denied the violation. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on July 11, 2016, following the first inspection. The violation at 1233 Lakeview Road related to exterior surfaces. Property photographs on August 19, 2016 showed an inoperable vehicle and exterior surfaces with peeling paint, stains, mildew, rotted wood, rotted stairs, missing siding, and boarded windows. Property photographs on November 10, 2016 showed exterior surfaces had been covered by stucco without permit, rotted unpainted wood under the roof, on the porch, edging the ground, and around windows installed without permit, a missing stairway, and slab poured without permit. Mr. Hunstein said family and friends had helped with the project which he could get permitted. He said he wanted to put a sign on the property for his attorney's office. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Fletcher recommended compliance by February 9, 2017 or a fine of$150 per day be imposed. Attorney Smith said signage must meet Code; he submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before April 15, 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 January 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: Exterior Surfaces. The Respondent(s) was/were present. Code Enforcement 2017-01-25 18 CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove, replace, or repair rotted wood and paint the entire structure to comply with said Section(s) of the Code by the deadline, April 15, 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 Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.15 Case 15-17 Richard Lehnert 111 S San Remo Ave. Address Numbers/Ext. Surfaces/Door&Window Openings/Ext. Storage/Lot Clearing — Fletcher 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 Vicki Fletcher recommended compliance by February 24, 2017 or a fine of$250 per day per violation be imposed. Inspector Fletcher provided a photograph presentation for the 5 violations at 111 S San Remo Avenue for address numbers, exterior surfaces, door &window openings, exterior storage, and lot clearing. Problems at the property were longstanding. The occupant allowed problematic activities and many people staying at the house. The Police Code Enforcement 2017-01-25 19 Department had 56 service calls to the property last year. Inspector Fletcher said objects were thrown out the window when she was in the backyard. The property's electricity and water were disconnected. The property owner was in the hospital recovering from injuries inflicted by a guest. Property photographs on December 8, 2016 showed awnings covered with mildew, broken and boarded windows, boarded doors, a broken front door that would not shut, exterior surfaces with a hole, green algae, marks, mildew, and mismatched, fading, and peeling paint, and exterior storage of trash, buckets, a shutter, tire, refrigerator, household items, piles of junk and miscellaneous items, and evidence of human waste. The house had no address numbers. Property photographs on January 13, 2017 showed no changes had occurred. In response to questions, Mr. Teunis said the City wanted to start the lien process so problems could be rectified and a contractor eventually hired. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before February 24, 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. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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 5 violations exist: Exterior Storage, Door &Window Openings, Address Numbers, Exterior Surfaces, and Lot Clearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 28.82(1), 3-1502.113, 3- 1502.C.1, 3-1502.C.3, 3-1502.G.2, 3-1502.K.1, 3-1503.113.7, & 3-1503.113.8, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Exterior Storage - remove all items not intended for outdoor use; 2) Door&Window Openings— replace all broken windows, remove all wood from window openings, and repair all exterior doors; 3)Address Numbers — place numbers conspicuously on the property, visible from the street the property fronts. Numbers must be Arabic numerals not less than 3-inches in height; 4) Lot Clearing — remove all trash and debris from the entire property, cut the grass and maintain it on a regular basis; and 5) Exterior Surfaces - pressure wash and/or paint entire structure to remove all mildew and peeling paint to comply with said Section(s) of the Code by the deadline, February 24, 2017. 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 Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing Code Enforcement 2017-01-25 20 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.16 Case 16-17 Norbert& Dominique Heuser 1560 Grove St. Ext. Storage— Fletcher Property owner Norbert Heuser admitted to the violation. He said he had tenants. Inspector Vicki Fletcher 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 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 January 25, 2017, 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 Code Enforcement 2017-01-25 21 The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1502.G.2 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.17 Case 17-17 Avanthony LLC 1247 Pierce St. Res. Grass Parking/Windows & Door Maint./Ext. Storage— Fletcher 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 Vicki Fletcher provided a photograph presentation for the 3 violations at 1247 Pierce Street for residential grass parking, window& door maintenance, and exterior storage. A notice of violation was issued on August 5, 2016, following the first inspection. She had not been in contact with the property owner. Due to tenant behavior, she needed a Police Officer to accompany her on property visits. Property photographs on September 21, 2016 showed 5 vehicles parked on the grass. Property photographs on September 23 and 26, November 30, December 20 and 27, 2016, and January 20, 2017 showed 2 vehicles parked on the grass. Property photographs on November 1, 2016 showed an inoperative vehicle and junk in the driveway and next to the structure. Property photographs on November 7, 2016 showed a broken front window. Property photographs on November 22, 2016 showed junk next to the structure, a large pile of junk in the driveway, and a broken front window. Property photographs on December 6 and 7, 2016 showed 3 vehicles parked on the grass. Property photographs on January 3, 2017 showed junk next to the structure. Property photographs on January 13, 2017 showed a broken front window and junk next to the structure. Property photographs on January 23, 2017 showed a vehicle parked illegally on the grass. Inspector Fletcher recommended compliance by February 9, 2017 or a fine of$150 per day per violation be imposed. Code Enforcement 2017-01-25 22 Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before February 9, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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, Window Maintenance, and Residential Grass Parking. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1407.A.5, 3- 1502.C.3, & 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: 1) Exterior Storage— remove all outdoor storage from the property; 2) Window Maintenance - repair or replace broken or missing windows; and 3) Grass Parking - no grass parking is permitted except one vehicle can be parked in the grass parallel and adjacent to the driveway to comply with said Section(s) of the Code by the deadline, February 9, 2017. The fine is $200.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. Code Enforcement 2017-01-25 23 DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.18 Case 18-17 110MLKLLC 110 N Martin Luther King Jr. Avenue Door &Window Openings— Fletcher Jolanta Wasowski said she was a principal for 110 M L K LLC and admitted to the violation. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Vicki Fletcher provided a photograph presentation of the violation at 110 N Martin Luther King Jr. Avenue for door and window openings. Property photographs on October 18, 2016 showed boarded windows on the front and side of the commercial business and a rear broken window. Property photographs on November 1, 2016 showed boarded windows in front. Property photographs on December 2, 2016 showed a broken, painted, and boarded rear window and painted, boarded windows in front. Property photographs on January 13, 2017 showed a missing front window, 2 broken, painted, and boarded rear windows, and painted plywood covering broken windows in a door. Ms. Wasowski said the windows had been fixed. In response to a question, she said she purchased the property several years ago and it now was rented. Mr. Teunis said window replacement required a permit. Inspector Fletcher said the broken windows and door had not been repaired. She first spoke with Ms. Wasowski last Friday. Inspector Fletcher recommended compliance by February 9, 2017 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Kleban moved to enter an order requiring the Respondent to correct the violation on or before March 15, 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 January 25, 2017, 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: Door& Window Openings. 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.C.1 & 3- 1502.C.3, as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-01-25 24 It is the Order of the Board that the Respondent(s) shall replace or repair all broken windows and remove all wood covering windows to comply with said Section(s) of the Code by the deadline, March 15, 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 Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.19 Case 19-17 619 Woodlawn St Land Trust 619 Woodlawn St. Inoperative Vehicle/Grass Parking/Fences/Roof Maint./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 AIIie Stewart recommended compliance by February 24, 2017 or a fine of$150 per day per violation be imposed. She provided a photograph presentation for the 5 violations for inoperative vehicles, grass parking, fence maintenance, roof maintenance, and exterior storage at 619 Woodlawn Street. A notice of violation was issued on November 3, 2016, following the first inspection. The property was tenant occupied. Property photographs on October 27, 2016 showed 3 types of fence in poor condition, an untagged vehicle with a flat tire on the grass, and sheets and pillows on the ground next to the recycle bin. Property photographs on November 21, 2016 showed the front chain link fence, debris on the roof , and untagged vehicle with a flat tire on the grass. Property photographs on January 24, 2017 showed an untagged vehicle with a flat tire on the grass, a broken chain link fence, and debris on the roof. Nothing was done to correct the violations. Attorney Smith submitted composite exhibits. Code Enforcement 2017-01-25 25 Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before February 24, 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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 5 violations exist: Inoperative Vehicles, Grass Parking, Fence, Roof Maintenance, 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) 3-1503.113.6, 3- 1403.B.1, 3-1407.A.5, 3-1407.A.7, 3-802.F, 3-803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3- 808.A.3, 3-808.A.5, 3-808.A.6, 3-1502.D.1, 3-1502.D.3, 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: 1) Inoperative Vehicles - remove inoperative vehicles from property or obtain and display current registration for all vehicles on property. All vehicles must have tires inflated and mechanically run; 2) Grass Parking — no grass parking is permitted except one vehicle can be parked in the grass parallel and adjacent to the driveway; 3) Fence - repair, replace, or remove chain link fence in front yard and repair, replace or remove wooden fence in back and side yards. The fence needs to be uniform and all broken and missing slats need to be replaced. A fence permit may be required; 4) Roof Maintenance - remove all dead vegetation, branches, and leaves from roof and maintain on a regular basis; and 5) Exterior Storage - remove all items not intended to be stored outdoors, including wood, moldy chair cushions, inoperable vehicles, car parts and machinery to comply with said Section(s) of the Code by the deadline, February 24, 2017. 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. Code Enforcement 2017-01-25 26 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.20 Case 20-17 Naomi Surface 3382 Atwood Ct. Ext. Surfaces/Fences/Public Health, Safety or Welfare Nuisance/Lot Clearing/Inoperative Vehicle —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 recommended compliance by February 24, 2017 or$150 per day per violation be imposed for the 5 violations at 3382 Atwood Court: exterior surfaces, fence maintenance, unmaintained swimming pool, unmaintained yard, and nuisance condition related to a collapsed pool cage. The property owner, who lived on the property with grown sons, said she was not doing anything as did not have resources to correct the violations. Inspector Stewart said the grass was not being cut. She tried to work with the property owner. Inspector Stewart said the City received a complaint about the property. She provided a photograph presentation. Property photographs on September 15 and December 13, 2016 showed mildew and mold on exterior surfaces, soffit, and fascia and overgrowth in the backyard. Property photographs on November 8, 2016 showed significant mold on the bottom of the garage door. Property photographs on September 15, 2016 showed a collapsed pool cage covered with vegetation and a fence with a detached panel and loose and missing boards. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before February 24, 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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 5 violations exist: Exterior Surfaces, Fence, Unmaintained Swimming Pool, Unmaintained Yard, and Other Nuisance Condition. The Respondent(s) was/were not present. CONCLUSIONS OF LAW Code Enforcement 2017-01-25 27 The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-808.A.1, 3-808.A.2, 3-808.A.5, 3-1503.A, 3-1503.113.1, 3-1503.113.3, 3-1503.113.5, 3-1502.H.3, 3-1503.113.7, 3- 1503.B.1, 3-1503.113.3, & 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: 1) Exterior Surfaces - pressure wash all areas of the house where mildew is present. Repair broken soffits, repair rotten wood, and paint the house; 2) Fence— repair/replace all broken slats and rotten boards. Attach panel of fencing that is detached from the rest of the fence; 3) Unmaintained Swimming Pool —clean swimming pool so the bottom can be seen and maintain it on a regular basis; 4) Unmaintained Yard - mow, edge, and weed the front and back yards and maintain on a regular basis; and 5) Other Nuisance Condition - remove or replace pool cage/enclosure which is collapsed and creating a health and safety condition to comply with said Section(s) of the Code by the deadline, February 24, 2017. 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.21 Case 21-17 Theresa Werder 615 Woodlawn St. Inoperative Vehicle/Windows Maint./Grass Parking/Ext. Storage/Fences - Stewart Property owner Theresa Werder said the property had been worked on and denied the violations. Madison Davis said he was Mr. Werder's maintenance supervisor. Inspector AIIie Stewart provided a PowerPoint presentation. Notices of violation were issued on November 1 and 22, and December 12, 2016, following the first inspection. The 5 violations at 615 Woodlawn Street related to inoperative vehicles, window maintenance, grass parking, exterior storage, and fences. Property photographs on October 27, 2016 showed an untagged dolly trailer Code Enforcement 2017-01-25 28 loaded with an untagged vehicle, and vehicles parked behind a fence on an unapproved surface; she was unable to see if the vehicles had current registration. Property photographs on December 13, 2016 showed a vehicle parked next to the house on an unapproved surface. Property photographs on November 21, 2016 showed an improperly installed new fence, exterior storage of a propane gas can, a boarded window, a painted over window with sill, and a vehicle with a flat tire on an unapproved surface. Property photographs on December 27, 2016 showed vehicles on unapproved surfaces, an improperly installed fence, and exterior storage of wood, metal pieces, and a propane gas can. Mr. Davis said some photographs showed vehicles he was filling with debris from an old fence. He said 2 of the vehicles were in a storage facility and not on the property. He said he had a permit for the fence and was awaiting final inspection. Ms. Werder said she had lived in the house since the 1970s and Code Inspectors had not objected before to the painted over window. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Stewart said the Planning and Development Department had issued a stop work order for the fence, which required an inspection. She said when she called, Ms. Werder did not want to speak with her and referred her to Mr. Davis. A vehicle on the property did not have a tag. She recommended compliance by February 24, 2017 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before February 24, 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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 5 violations exist: Inoperative Vehicles, Window Maintenance, Grass Parking, Exterior Storage, and Fence. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.113.6, 3- 1502.C.3, 3-1502.C.4, 3-1403.113.1, 3-1407.A.5, 3-1407.A.7, 3-1502.G.1, 3-1502.G.2, 3-801, 3- 803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.5, & 3-808.A.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Inoperative Vehicles - remove inoperative vehicles from property or obtain and display current registration for all vehicles on property. All vehicles must have tires inflated and mechanically run; 2)Window Maintenance - Code Enforcement 2017-01-25 29 remove all wooden boards on all windows. If property owner wants to keep the boarded and painted window on west side of house, a permit is required and the window must be properly blocked and the window sill removed; 3) Grass Parking — no grass parking is permitted except one vehicle can be parked in the grass parallel and adjacent to the driveway; 4) Exterior Storage - remove all items not intended to be stored outdoors, including wood, gas cans, broken fence pieces, inoperable vehicles, and other items stored outside; and 5) Fence — have newly installed fence inspected by the City and remove all old metal fencing from the yard to comply with said Section(s) of the Code by the deadline, February 24, 2017. 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.22 Case 22-17 1519 Carmel Ave Land Trust 1519 Carmel Ave. Roof Maint./Fences/Door &Window Openings/Ext Surfaces—Stewart No one was present to represent the Respondent. Member Engel 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 AIIie Stewart recommended compliance by February 24, 2017 or$150 per day per violation be imposed. She had no communication with the property owners. She provided a photograph presentation for the 4 violations at 1519 Carmel Avenue for roof maintenance, fences, door & window openings, and exterior surfaces. There were 3 buildings on the property. Property photographs on January 18, 2017 showed a broken chain link fence, the white house with deteriorating wood around the windows and door, and mildew on exterior surfaces and the detached garage had boarded windows. Property photographs on October 27, 2016 showed a broken chain link fence and detached garage with boarded windows and an attached lean to with Code Enforcement 2017-01-25 30 brush on the roof. She said it appeared the structure was occupied. Property photographs on December 5, 2016 showed a broken chain link fence and vehicle parked under the lean to Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before February 24, 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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: Outdoor 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) 3-1503.113.6, 3-1503.A, 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 remove all trash/debris and items stored outdoors that are not intended for outdoor use, including construction type debris, computer components, garbage, containers, electronic components, plastic storage bins, etc. and keep property free at ALL times of litter, trash and storage that would be in the best interest of the health, safety and welfare of the citizens of the city to comply with said Section(s) of the Code by the deadline, March 5, 2017. The fine is $250.00 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 Sherry Hollifield, 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 Code Enforcement 2017-01-25 31 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 4.23 Case 23-17 Angie Chamusco 1565 Gentry St. Outdoor Storage/Public Nuisance— Hollifield Glenn Chamusco represented his mother, property owner, Angie Chamusco, who passed in 2015. He admitted to the violations. Member Engel 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 Sherry Hollifield recommended compliance by February 25, 2017 or a fine of$250 per day be imposed. She provided a photograph presentation of the violation for public nuisance outdoor storage at 1565 Gentry Street. Property photographs on August 30, September 15, October 20, November 30, and December 5, 2016 showed miscellaneous items, including furniture, boxes, crates, cleaning materials, computer items, junk, etc. on the front porch, in front of the garage, and packed in the backyard. The exterior storage was attracting vermin. Blocking the front door created a fire hazard. Mr. Chamusco said after he lost his job he could not afford his storage unit's rent and had to move all his belongings to the subject property. He said health problems and a bad back made it difficult for him to move furniture and other items. He said he could clean up the property in a month. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before March 5, 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 continues to exist. The motion was duly seconded and carried unanimously. 4.24 Case 24-17 Raul Camacho 2495 Stag Run Blvd. Ext Storage/Fences &Walls - Hollifield Property owner Raul Camacho said he had changed his name legally to David Zusman. Inspector Sherry Hollifield provided a PowerPoint presentation. A notice of violation was issued on August 18, 2016, following the first inspection. The 2 violations at 2495 Stag Run Blvd. related to exterior storage and fences and walls. Property photographs on August 15, November 17, 2016 showed pallets of tile in the driveway and a fence with missing and broken boards. Property photographs on December 5, 2016 showed pallets of tile in the driveway. Mr. Zusman said a neighbor liked to file complaints. He said after he purchased the foreclosed home, moisture destroyed the wood flooring he installed. He said the City would not issue him a permit to install tile because a permit was not required. He said he wanted a permit so he could put a dumpster in his driveway to dispose of the ruined flooring and a pod to store his furniture while Code Enforcement 2017-01-25 32 he installed the tile. He expressed concern the neighbor would complain as soon as the dumpster and pod arrived. He said he was in the process of fixing the fence. 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 Hollifield recommended compliance by February 10, 2017 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before May 1, 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. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 25, 2017, 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 Fence. 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.3, 3-1503.113.6, 3-808, 3-808.A.1, 3-808.A.2, 3-808.A.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Exterior Storage - remove all pallets of tile from the driveway and 2) Fence— replace all missing and rotted boards, make the fence uniformly vertical, and maintain it in a structurally sound and aesthetically attractive manner to comply with said Section(s) of the Code by the deadline, May 1, 2017. 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 Sherry Hollifield, 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 Code Enforcement 2017-01-25 33 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 25th day of January 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 24-13 Affidavit of Compliance Casey Simmons 612 S Hillcrest Avenue Exterior Surfaces —Schaar 5.2 Case 30-16 Affidavit of Compliance Jorgo & Brunilda Borova 1574 Chateaux De Ville Ct. Roof Maintenance— Cantrell 5.3 Case 83-16 Affidavit of Compliance Marece Davis 1364 Springdale St. Landscaping Required — Knight 5.4 Case 85-16 Affidavit of Compliance Barnell Evans Sr. 1729 Overbrook Ave. Residential Grass Parking/Exterior Storage— Knight 5.5 Case 96-16 Affidavit of Compliance Rustlewood Condo Assn. 2650 Countryside Blvd. Fences &Walls — Harris 5.6 Case 109-16 Affidavit of Compliance Ida E. Ellis 1428 Barbara Ave. Ext. Surfaces/Door &Window Openings — Knight 5.7 Case 118-16 Affidavit of Compliance James Teague 2746 Terrace Dr. Development Code Violation — Unapproved Accessory Structure—Weaver 5.8 Case 86-16 Affidavit of Non-Compliance Andrew J. Weiner 1956 Souvenir Dr. Ext. Surfaces— Fletcher Code Enforcement 2017-01-25 34 5.9 Case 103-16 Affidavit of Non-Compliance 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 5.10 Case 106-16 Affidavit of Non-Compliance Deborah B. Phillips Est. 1823 Barbara Ln. Ext. Storage/Door &Window Openings/Aband. Bldg. - Knight 5.11 Case 109-16 Affidavit of Non-Compliance Ida E. Ellis 1428 Barbara Ave. Aband. Bldg. — Knight 5.12 Case 119-16 Affidavit of Non-Compliance Renata Koenig 3216 Wessex Way Windows Maintenance/Public Health, Safety or Welfare Nuisance — Phillips 5.13 Case 120-16 Affidavit of Non-Compliance Michael Munro 2572 Deer Run Ext. Surfaces/Door &Window Openings/Roof Maint. — Phillips 5.14 Case 123-16 Affidavit of Non-Compliance Ivonne Pineda Landa 806 Turner St. Ext. Surfaces— Fletcher Member Riordon moved to accept the Affidavits of Compliance for Cases 24-13, 30-16, 83-16, 85- 16, 96-16, and 118-16 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Case 86-16, 103-16, 106-16, 109-16, 119-16, 120-16,and 123-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 56-16 — Lien Reduction Request Dani Lemberger 1485 Pinebrook Dr. Residential Grass Parking/Hauling Trailer/Exterior Surfaces— Knight Jill Collman, representing the property owner, requested a reduction in the fine to administration costs. Inspector Daniel Knight said the tenant occupied property was in poor condition and used by the property owner as a revenue stream. While the property owner wrote that he kept the property in compliance, exterior surfaces had significant peeling paint. Attorney Smith said the Board traditionally reduced liens for new homeowners, not those who neglected their property. Code Enforcement 2017-01-25 35 Ms. Collman said the property owner lived outside the country and was unaware of the violation until June. She said he could not make repairs during inclement summer weather prior to the Board meeting. She said repairs were made in September. Attorney for the Board Andy Salzman said the original lien amount was $7,500 and administration costs were $1,213.20. Member Riordon moved to enter an order reducing the fine for Case 56-16 to administration costs of$1,213.20 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 January 25, 2017, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated September 28, 2016, as recorded in O.R. Book 19469, Pages 2695—2696 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,213.20 payable to the Petitioner by March 26, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$7,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 6.2 Case 24-13 — Lien Reduction Request Casey Simmons 612 S Hillcrest Avenue Exterior Surfaces — Brown Todd Arnold said he had purchased the property from the bank and requested a reduction in the lien to administration costs. Mr. Teunis said the City supported the request. The property was in compliance. Attorney Salzman said the original lien amount was $127,000 and administration costs were $1,473.20. Member Riordon moved to enter an order reducing the fine for Case 24-13 to administration costs of$1,473.20 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 January 25, 2017, 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 2017-01-25 36 It is the Order of this Board that the lien previously imposed in the Order of the Board dated August 28, 2013, as recorded in O.R. Book 18158, Pages 303— 306 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,473.20 payable to the Petitioner by February 24, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$127,000.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 6.3 Case 19-14— Lien Reduction Request Casey Simmons 612 S Hillcrest Ave. Residential Rental Business Tax Receipt—Teunis Todd Arnold said he had purchased the property from the bank and requested a reduction in the lien to administration costs. Mr. Teunis said the City supported the request. The property was in compliance. Attorney Salzman said the original lien amount was $60,600 and administration costs were $1,291.20. Member Kleban moved to enter an order reducing the fine for Case 19-14 to administration costs of$1,291.20 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 January 25, 2017, 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 August 27, 2014, as recorded in O.R. Book 19214, Pages 1092— 1095 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,291.20 payable to the Petitioner by February 24, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$60,600.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 6.4 Case 31-16 — Lien Reduction Request Schlau Properties Co 1425 Sunset Point Rd. Parking Lot Surfaces — Knight Nick Anderson said he was the property manager and requested a reduction in the lien to administration costs. He said the property owner had difficulty correcting the violation. Mr. Teunis said the City normally supported fine reductions for new property owners. Staff had no recommendation. Attorney Salzman said the original lien amount was $5,850 and administration Code Enforcement 2017-01-25 37 costs were $1,271.20. Inspector Daniel Knight said the property was in compliance. He did not oppose the lien reduction. Member Riordon moved to enter an order reducing the fine for Case 31-16 to administration costs of$1,271.20 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 January 25, 2017, 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 June 22, 2016, as recorded in O.R. Book 19308, Pages 408—409 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,271.20 payable to the Petitioner by February 24, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$5,850.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 6.5 Case 85-16 — Lien Reduction Request Barnell Evans Sr. 1729 Overbrook Ave. Residential Grass Parking/Exterior Storage— Knight No one was present to represent the Applicant. Attorney Salzman said the City received a letter requesting the reduction. The original lien amount was $29,200 and administration costs were $1,209.20. Inspector Daniel Knight said the property was in compliance. He did not know why the property owner was not present. He said the property owner had dragged his feet correcting the violations. It was noted the tenant had apologized for the violations. In response to a comment, Attorney Salzman recommended the Board consider how much money the City realistically would receive for this case. Concern was expressed that reducing lien amounts diluted the consequences of liens. Attorney Salzman said the board was created to bring properties into compliance. It was felt administration costs would be hurtful to the property owner. Member Riordon moved to enter an order reducing the fine for Case 85-16 to administration costs of$1,209.20 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 January 25, 2017, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. Code Enforcement 2017-01-25 38 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 November 16, 2016, as recorded in O.R. Book 19427, Pages 2626 — 2630 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $1,209.20 payable to the Petitioner by March 26, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of $29,200.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of January 2017, at Clearwater, Pinellas County, Florida. 6.6 Election of Chair/Vice -Chair Chair Carothers moved to appoint Michael Riordon as Chair. The motion was duly seconded and carried unanimously. Member Engel moved to appoint Wayne Carothers as Vice - Chair. The motion was duly seconded and carried unanimously. 7. NUISANCE ABATEMENT LIEN FILINGS: MAYA ELLIE HAMBLET 502 PALM BLUFF ST 09- 29 -15- 65466- 000 -0060 PNU2016 -01502 $581.80 WEAVER, CHARLES C EST 1625 N FT HARRISON AVE PNU2016 -01790 09- 29 -15- 05472 - 000 -0010 $806.10 PHILLIPS, DEBORAH B EST 1823 BARBARA LN PNU2016 -01942 02- 29 -15- 10926- 000 -0580 $490.50 JAMES W STRATTON 1531 ROSEMERE RD PNU2016 -01951 11- 29 -15- 31194- 000 -1030 $512.85 Member Riordon moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN - The meeting adjourned at 4:45 p.m. Attest: Secre ary to the Board 4 Code Enforcement 2017 -01 -25 Adar unicipa X.- Enforcement Board 39