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03/22/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 22, 2017 Present: Chair Michael J. Riordon, Vice Chair Wayne Carothers, Board Member James E. Strickland, Board Member Joseph A. Nycz, Board Member Robert Prast, Board Member Daniel Engel Absent: 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 February 22, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the February 22, 2017 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 38-17 3 J J J's LLC 1512 Tilley Ave. Parking Lot Surfaces/Residential Rental BTR— Knight No one was present to represent the Respondent. Member Carothers moved to find the Respondent 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 2 violations at 1512 Tilley Avenue were for parking lot surfaces and a residential rental BTR (Business Tax Receipt). The first inspection was on October 28, 2016. He recommended compliance by April 22, 2017 or a fine of$150 per day per violation be imposed. Code Enforcement 2017-03-22 1 Assistant City Attorney Matt Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before April 22, 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 March 22, 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: parking lot surfaces and residential rental BTR (Business Tax Receipt). The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.A, 3- 1502.K.4, 29.30(1), & 3-2302, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair and/or replace the driveway with permanent all-weather paving material which is graded to drain stormwater so there is no heaving and/or cracking and submit an application and payment to obtain a residential rental BTR (Business Tax Receipt) to comply with said Section(s) of the Code by the deadline, April 22, 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. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate Code Enforcement 2017-03-22 2 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 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.2 Case 39-17 Carlos Ricardo Lucero 1528 Tilley Ave. Ext. Storage— Knight Heidi Lucero Kelly, representing her son, property owner Carlos Ricardo Lucero, admitted to the violation. Member Carothers moved to find the Respondent 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 of the exterior storage violation at 1528 Tilley Avenue. Property photographs on October 28, November 15, and December 12, 2016 and January 12, February 6, and March 10, 2017 showed multiple items stored in the carport, which was behind the house at the end of a driveway. The property owner was cooperating with the City and had corrected some violations. Ms. Kelly said her son planned to construct a wall near the rear of the carport for storage. She said her son had bills and physical difficulties after his recent hospitalization; he could not afford to pay for the survey the City required to issue the necessary permit. She requested 3 months to complete the project. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before June 22, 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 March 22, 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 storage. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.1, 3- 1502.G.2, & 3-1502.G.3, as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-03-22 3 It is the Order of the Board that the Respondent(s) shall remove all items from the property that are not meant to be used outdoors or are not meant to be kept outdoors, including items stored under the carport to comply with said Section(s) of the Code by the deadline, June 22, 2017. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.3 Case 40-17 Chesterman Bowes 1441 Parkwood St. Aband. Bldg. — Knight Property owner Chesterman Bowes admitted to the violation. Member Carothers moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight said the property had been brought into compliance and requested a Declaration of Violation. Attorney Smith submitted composite exhibits. Member Nycz moved to find 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. Code Enforcement 2017-03-22 4 This case came before the City of Clearwater Municipal Code Enforcement Board on March 22, 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) 3-1503.A, 3- 1503.B.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 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.4 Case 41-17 -Withdrawn 831 Woodlawn St Clearwater Trust 831 Woodlawn St. Fences/Res. Rental BTR— Knight Case 41-17 was withdrawn. 4.5 Case 42-17 Jade & Natalie Weppler 813 Woodlawn St. Ext. Surfaces— Fletcher Code Enforcement 2017-03-22 5 Property owner Jade Weppler admitted to the violation. Member Carothers moved to find the Respondent 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 exterior surfaces violation at 813 Woodlawn Street. Property photographs on October 28, 2016 and February 8, 2017 showed exterior surfaces with peeling paint, deteriorated wood, mildew and damaged soffit. She recommended compliance by April 11, 2017 or a fine of$150 per day be imposed. Mr. Weppler said until last week, he thought his rental property was in compliance following repairs. He said he repaired the fence and some soffit, and power washed and scraped the exterior, preparing it for paint. He requested additional time. Inspector Fletcher said when she inspected the house 2 weeks ago, only 2 sections of wood had been repaired. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before April 22, 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 March 22, 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. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair and/or replace all damaged and/or deteriorated wood, clear/clean all discoloration and peeling paint, and paint where needed to comply with said Section(s) of the Code by the deadline, April 22, 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 Code Enforcement 2017-03-22 6 recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.6 Case 43-17 Claudio Zaragoza Rodriguez 811 Woodlawn St. Res. Grass Parking/Ext. Surfaces/Ext. Storage — Fletcher Through interpreter Camilo Soto, property owner Claudio Zaragoza Rodriguez admitted to the violation. Member Nycz moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Vicki Fletcher said the property had been brought into compliance for residential grass parking and exterior storage and requested a Declaration of Violation for those 2 violations. She recommended compliance for the exterior surfaces violation by April 11, 2017 or a fine of$150 per day be imposed. Member Carothers moved to find the residential grass parking and exterior storage 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. Through interpreter Soto, Mr. Rodriguez said he did not speak English well and had not understood what needed to be done when he received the Notice of Violation. Inspector Fletcher provided a photograph presentation of the remaining violation at 811 Woodlawn Street. Property photographs on October 28, November 29, 2016, January 17 and February 8, 2017 showed exterior surfaces with a loose shutter, missing siding, soffit, and wood, deteriorated wood, peeling paint, unpainted soffit, and mildew. Code Enforcement 2017-03-22 7 Through interpreter Soto, Mr. Rodriguez said he owned the house for 2 years and had repaired the wood work and siding. He said he needed 3 months to paint the house. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the exterior surfaces violation on or before June 22, 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 March 22, 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. It also is evident conditions related to residential grass parking and exterior storage existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section 3-1502.113 as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1407.A.5 & 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 repair and/or replace all damaged and/or deteriorated wood, clean all discoloration, remove all peeling paint, and paint where needed to comply with said Section of the Code by the deadline, June 22, 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 residential grass parking and exterior storage. 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 each repeat violation continues. Upon complying with said Section of the Code, the Respondent(s) shall notify Inspector Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once Code Enforcement 2017-03-22 8 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 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.7 Case 44-17 Jean Casucci 900 Turner St. Ext. Surfaces/Door &Window Openings/Ext. Storage — Fletcher Steve Casucci, representing his mother, property owner Jean Casucci, admitted to the violations. Member Carothers moved to find the Respondent 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 3 violations at 900 Turner Street for exterior surfaces, door& window openings, and exterior storage. Property photographs on January 26, February 7, 15, and March 8, 2017 showed exterior surfaces with collapsing lattice, deteriorated wood, broken siding, mold and mildew, peeling and mismatched paint, a damaged door, a boarded broken window in the front door, broken window panes, a boarded window, a missing jalousie window pane, and exterior storage of an air-conditioner, piles of wood, and various items. Inspector Fletcher said she had seen transients inside the house. She recommended compliance by April 11, 2017 or a fine of$150 per day per violation be imposed. Mr. Casucci said his mother lived in New York, had declining health, and tried to move here since purchasing the house 6 months ago. He said he had taken responsibility for the property, repaired 85% of the violations, and needed another month to complete the work. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before April 22, 2017. If the Respondent does not comply within the time specified, the Code Enforcement 2017-03-22 9 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 March 22, 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 surfaces, door &window openings, and exterior storage. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3- 1502.C.1, 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 Surfaces— repair and/or replace all damaged and/or deteriorated wood, clean all discoloration, remove all peeling paint, and paint where needed; 2)Window& Door Maintenance — repair and/or replace all damaged and broken windows and secure them in a tight-fitting and weatherproof manner; and 3) Exterior Storage— remove all items not intended for outdoor use to comply with said Section(s) of the Code by the deadline, April 22, 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 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 2017-03-22 10 DONE AND ORDERED this 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.8 Case 45-17 James Gray 1516 Carmel Ave. Hauling Trailer/Res. Grass Parking — Cantrell No one was present to represent the Respondent. Member Carothers moved to find the Respondent 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 he had no contact with the property owner or tenant since he first inspected the property in October 2016. The 2 violations at 1516 Carmel Avenue related to a hauling trailer and residential grass parking. He recommended compliance by March 31, 2017 or a fine of$150 per day per violation be imposed. In response to a concern that the compliance date is next week, Attorney for the Board Andy Salzman said property owners were responsible for knowing conditions at their property. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before March 31, 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 March 22, 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: hauling trailer 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.2.c, 3- 1407.A.3.c, 3-1403.113.1, 3-1407.A.5, & 3-1407.A.7, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove the hauling trailers from the property or pull the trailers into the rear of the property on an approved surface behind an approved six-foot fence, hedge, or wall and not park vehicles in the front yard to comply with said Section(s) of the Code by the deadline, March 31, 2017. Only one vehicle may be parked in the grass, parallel and adjacent to the driveway. 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 2017-03-22 11 Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Jason Cantrell, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 46-17 John & Lori Cirelli 865 Bruce Ave. Short Term Rental — Phillips No one was present to represent the Respondent. Inspector Julie Phillips said the property had been brought into 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 March 22, 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 Code Enforcement 2017-03-22 12 Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113 & 3-919 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.10 Case 47-17 John Daily III 333 Lotus Path Short Term Rental — Phillips No one was present to represent the Respondent. Inspector Julie Phillips said the property had been brought into 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. Code Enforcement 2017-03-22 13 This case came before the City of Clearwater Municipal Code Enforcement Board on March 22, 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) 1-104.113 & 3-919 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.11 Case 48-17 —Continue to April 26, 2017 Cottage of Clearwater LLC 606 Oak Ave. Short Term Rental/Res. Rental BTR— Phillips Case 48-17 was continued automatically to April 26, 2017 4.12 Case 49-17 Rickey & Brenda Williams 2769 Quail Hollow Rd. Ext. Surfaces—Stewart Code Enforcement 2017-03-22 14 Property owner Rick Williams admitted to the violation. Member Carothers moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Allie Stewart said the violation at 2769 Quail Hollow Road was for exterior surfaces. She said more than half the repairs had been made and recommended compliance by April 21, 2017 or a fine of$150 per day be imposed. Mr. Williams said he could comply in a month. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violation on or before April 21, 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 March 22, 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. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair and/or replace all damaged and/or deteriorated wood, clean all discoloration, remove all peeling paint, and paint where needed to comply with said Section(s) of the Code by the deadline, April 21, 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 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 Code Enforcement 2017-03-22 15 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 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 4.13 Case 50-17 Linda S Lynskey 2966 Holly Ct. Fences/Ext. Surfaces/Windows - Stewart Property owner Linda Lynskey said the violations had been corrected. Inspector Allie Stewart said the property was brought into 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 3 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. This case came before the City of Clearwater Municipal Code Enforcement Board on March 22, 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 3 conditions existed; however, it is further evident these 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) 3-801, 3-803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.6, 3-1502.113, & 3-1502.C.3, as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-03-22 16 It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violations referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day each 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 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 29-16 Affidavit of Compliance Gilbert Jannelli 1343 Cleveland St. Fences— Fletcher 5.2 Case 103-16 Affidavit of Compliance Richard Koster Lance Koster 1101 Seminole St. Ext. Storage/Sidewalks ROW/Inoperative Vehicle/Ext. Storage/Door &Window Openings/Off-Street Parking Spaces - Devol 5.3 Case 119-16 Affidavit of Compliance Renata Koenig 3216 Wessex Way Windows Maintenance/Public Health, Safety or Welfare Nuisance — Phillips 5.4 Case 135-16 Affidavit of Compliance Nhan Dinh Hong Nguyen 1455 Overlea St. Ext. Storage— Knight 5.5 Case 142-16 Affidavit of Compliance 1510 Barry Holding LLC 1510 Barry Rd. Ext. Storage/Lot Clearing/Abandoned Bldg. —Alston Code Enforcement 2017-03-22 17 5.6 Case 19-17 Affidavit of Compliance 619 Woodlawn St Land Trust 619 Woodlawn St. Fences— Stewart 5.7 Case 21-17 Affidavit of Compliance Theresa Werder 615 Woodlawn St. Inoperative Vehicle/Grass Parking/Ext. Storage/Fences —Stewart 5.8 Case 22-17 Affidavit of Compliance 1519 Carmel Ave Land Trust 1519 Carmel Ave. Roof Maint./Fences/Door &Window Openings/Ext Surfaces—Stewart 5.9 Case 36-17 Affidavit of Compliance Jeffrey Hinds 1000 Howard St. Residential Rental BTR— Devol 5.10 Case 127-16 Affidavit of Non-Compliance Shimshon Manshcrov 1256 Jackson Rd. Ext. Surfaces/Door &Window Openings — Devol 5.11 Case 01-17 Affidavit of Non-Compliance David Carter 909 Hart St. Public Health, Safety or Welfare Nuisance— Devol 5.12 Case 02-17 Affidavit of Non-Compliance Venetian Pt Land Trust 1857 Venetian Point Dr. Ext. Surfaces/Residential Rental BTR— Devol 5.13 Case 04-17 Affidavit of Non-Compliance Groch, Andy Est. 2425 Druid Rd E Aband. Bldg. —Cantrell 5.14 Case 06-17 Affidavit of Non-Compliance James I LLC 1930 Overbrook Ave. Vacant Parcel Maintenance — Knight 5.15 Case 09-17 Affidavit of Non-Compliance Jessica & Jerome Howard 1361 Mary L Rd. Hauling Trailer/Ext. Surfaces— Knight Code Enforcement 2017-03-22 18 5.16 Case 17-17 Affidavit of Non-Compliance Avanthony LLC 1247 Pierce St. Res. Grass Parking/Windows Maint./Ext. Storage— Fletcher 5.17 Case 19-17 Affidavit of Non-Compliance 619 Woodlawn St Land Trust 619 Woodlawn St. Inoperative Vehicle/Grass Parking/Roof Maint./Ext Storage— Stewart 5.18 Case 20-17 Affidavit of Non-Compliance Naomi Surface 3382 Atwood Ct. Ext. Surfaces/Fences/Public Health, Safety or Welfare Nuisance/Lot Clearing/ Inoperative Vehicle—Stewart Member Carothers moved to accept the Affidavits of Compliance for Cases 29-16, 103-16, 119- 16, 135-16, 142-16, 19-17, 21-17, 22-17, & 36-17 and to accept the Affidavits of Non- Compliance and issue Orders imposing fines for Cases 127-16, 01-17, 02-17, 04-17, 06-17, 09- 17, 17-17, 19-17, & 20-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 22-06 Request for Lien Reduction Christopher E Thrap, Jr. 1749 W Manor Ave. Ext Storage/Lot Clearing/Public Health, Safety or Welfare Nuisance - Phillips Brad Connors said he worked for the title company and was representing the new owner; the house was sold but the property could not close due to the outstanding lien. He requested a reduction in the lien amount to administration costs. Code Compliance Manager Terry Teunis said situations on the property must be corrected: 1) remove refrigerator on front porch from property and 2) keep gate to swimming pool shut. The City supported reduction of the $15,150 fine to administration costs of$1,209.20. Member Strickland moved to enter an order requiring the applicant to remove the outside refrigerator from the property within 30 days and reducing the fine for Case 22-06 to administration costs of$1,209.20 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 March 22, 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 July 26, 2006, as recorded in O.R. Book 15456, Pages 1013 - 1014 of the public records of Pinellas Code Enforcement 2017-03-22 19 County, Florida, is hereby reduced to administration costs of $1,209.20 payable to the Petitioner by April 21, 2017. If the reduced lien amount is not paid within the time specified in this Order and the outside refrigerator is not removed from the property, a lien in the original amount of $15,150.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 22nd day of March 2017, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: ODELIN A HENDERSON 301 S HIGHLAND AVE 14- 29- 15- 18972- 002 -0010 PN U2016 -02008 $220.00 Member Carothers moved to accept the Nuisance Abatement Lien filing. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 2:35 p.m. Chair, Municip Attest: Secretary to the Boar ode Enforcement Board Code Enforcement 2017 -03 -22 20