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04/26/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER April 26, 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, 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 March 22, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the March 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: Steve Traum complained the vacant lot next to his rental property may harbor vermin, had junk and a large storage shed sometimes used to store lawn equipment, a boat, and gasoline, which could pose a serious danger. It was stated the Board dismissed Repeat Violation Case 64-16 on July 27, 2016 after property owner Ralph Turner testified onsite storage was temporary. Consensus was for Code Enforcement to revisit the property. 4. PUBLIC HEARINGS 4.1 Case 110-16— Cont'd from October 26, 2016 Kenyon Dodge Inc. 19400 US Hwy 19 Door &Window Openings/Graffiti/Ext. Storage/Aband Bldg./Sidewalks & ROW— Cantrell No one was present to represent the Respondent. Code Enforcement 2017-04-26 1 Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Jason Cantrell said 3 violations at 19400 US Hwy 19 for graffiti, exterior storage, and trash & debris were in compliance and requested a declaration of violation. Member Nycz moved that 3 violations for graffiti, exterior storage, and trash and debris 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. Inspector Cantrell presented a, October 24, 2016 photograph of the structure at 19400 US Hwy 19. While temporary windows were installed, 2 violations for abandoned building and window/door maintenance existed. The property had utilities and 24-hour security. Assistant City Attorney Matt Smith reviewed the definition of abandoned building; the property did not have a current BTR (Business Tax Receipt). Inspector Cantrell said the properties at 19400 and 19320 US Hwy 19 were under contract for sale but legal issues had extended the closing date. He recommended compliance by July 26, 2017 or a fine of$250 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the 2 violations for abandoned building and window/door maintenance on or before July 26, 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 April 26, 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: abandoned building & window/door maintenance. It also is evident 3 conditions related to graffiti, exterior storage, & trash and debris existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section 3-1503.A, 3- 1503.B.1, 3-1503.113.2, 3-1503.113.3, 1503.113.6, 3-1503.113.9, 3-1502.113, and 3-1502.C.1.3 as referred to in the Affidavit in this case. Code Enforcement 2017-04-26 2 The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1504, 3- 1503.B.5, 3-1503.A., C.7.10, 3-1502.K.1, 3-15021.1, & 3-1502. G.2.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) occupy or have a use for the property or sell the property (demolition of the structure(s) is an option) and 2) replace/repair any window/door trim, including those previously secured with temporary measures and maintain on a regular basis to comply with said Section(s) of the Code by the deadline, July 26, 2017. The fine is $250.00 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 the conditions related to graffiti, exterior storage, & trash and debris. 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 Jason Cantrell, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.2 Case 111-16— Cont'd from October 26, 2016 Sunset Pontiac GMS Truck S Inc. 19320 US Hwy 19 Graffiti/Ext. Surfaces/Door &Window Openings/Ext, Storage/Fences &Walls/Aband. Bldg./Sidewalks & ROW—Cantrell No one was present to represent the Respondent. Code Enforcement 2017-04-26 3 Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Jason Cantrell presented a photograph of the structure at 19320 US Hwy 19. He said violations for fence, outdoor storage, graffiti, and trash & debris were in compliance and requested a declaration of violation for those violations. Member Carothers moved to find 4 violations for fence, outdoor storage, graffiti, and trash & debris 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. Inspector Cantrell provided a photograph presentation of violations; 1) abandoned building; 2) window/door maintenance; and 3) exterior surfaces. Property photographs on March 9, 2016 showed a boarded window and exterior surfaces with graffiti, mismatched paint, and mildew, Property photographs on July 11, 2016 showed a discarded mattress, box springs, and debris, a rusted out rear door, graffiti, and damaged fences. Property photographs on August 16, 2016 showed the abandoned car dealership building, exterior surfaces with rust, mismatched paint covering graffiti, and damaged windows. Property photographs on October 24, 2016 showed the repaired rear fence and rear exterior surfaces with mismatched paint and damaged surfaces. Inspector Cantrell recommended compliance by July 26, 2017 or a fine of$250 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct violations for 1) abandoned building; 2) window/door maintenance; and 3) exterior surfaces on or before July 26, 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 April 26, 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: abandoned building, window/door maintenance & exterior surfaces. It also is evident 4 conditions related to fence, outdoor storage, graffiti, and trash/debris existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW Code Enforcement 2017-04-26 4 The Respondent(s) is/are in violation of the City of Clearwater Code Section 3-1503.A, 3- 1503.B.1, 3-1503.113.2, 3-1503.113.3, 1503.113.6, 3-1503.113.9, 3-1503.113.10, 3-1502.113, 3-1502.C.1, 3-1502.C.3, as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1504, 3- 1502.F.1, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1502.K.1, 3-808.A.1, 3-808.A.2, 3-808.A.3, 3- 808.A.4, 3-808.A.5, 3-808.A.6, 3-1502.K.1, 3-1503.B.5.a, 3-1503.113.7, & 3-1503.113.10 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) replace broken windows/doors including those previously secured, replace/repair window/door trim; 2) repair/replace broken surfaces, paint surfaces to create a uniform appearance; and 3) occupy or have a use for the property or sell the property (demolition of structure(s) is an option) to comply with said Section(s) of the Code by the deadline, July 26, 2017. The fine is $250.00 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 the conditions related to fence, outdoor storage, graffiti, and trash/debris. 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 Jason Cantrell, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.3 Case 48-17 —Cont'd from March 22, 2017 Cottage of Clearwater LLC 606 Oak Ave. Short Term Rental/Res. Rental BTR— Phillips Code Enforcement 2017-04-26 5 No one was present to represent the Respondent. Inspector Julie Phillips said the 2 violations at 606 Oak Avenue for short-term rental and residential rental BTR were brought into compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Kleban moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the 2 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 April 26, 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(s) related to short- term rental and residential Business Tax Receipt existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113, 3-919, & 3-2302, 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. Code Enforcement 2017-04-26 6 DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.4 Case 51-17 Somerset Vacation Townhomes LLC 668 Mandalay Ave. Outdoor Storage— Brown No one was present to represent the Respondent. Member Carothers 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 Shelby Brown provided a photograph presentation of the violation at the 668 Mandalay Avenue vacant lot. Her first contact with the property owner was in mid January. Much debris and equipment had been removed. Property photographs on April 19, 2017 showed undergrowth, brush, fronds, a bucket, discarded telephone poles, and equipment stored under a tree. The lot had no active permits and was blighted for months. Inspector Brown recommended compliance by May 1, 2017 or a fine of$250 per day be imposed. She will advise the owner re the Board's order. Attorney Smith submitted composite exhibits. Member Prast 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$250 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 April 26, 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. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.113.1, 3- 1503.B.6, & 3-1503.113.7, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall complete removal of accumulated debris, undergrowth, and dead brush on the entire property, primarily along the south perimeter, and maintain property in a nuisance-free condition thereafter to comply with said Section(s) of Code Enforcement 2017-04-26 7 the Code by the deadline, May 1, 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 Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.5 Case 52-17 Marc A Gill 2012 Sandra Dr. Short Term Rental, Residential Rental BTR— Phillips No one was present to represent the Respondent. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Julie Phillips said the property at 2012 Sandra Drive was advertised on Airbnb for short-term rental and did not have a residential rental BTR . She spoke to the property owner yesterday and sent a BTR application but had no response. She recommended compliance by May 8, 2017 or a fine of$250 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before May 8, 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 April 26, 2017, after due notice to the Respondent(s), and having heard testimony under oath and Code Enforcement 2017-04-26 8 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: short- term rental and residential 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) 1-104.113 & 3-919, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) rent property for at least 31 days or one calendar month whichever is less; and remove all daily and weekly rental rates, reviews and discounts. In addition, ALL websites and calendars should reflect the 31 day rental requirement or one calendar month whichever is less, and 2) obtain business tax receipt for a residential rental property to comply with said Section(s) of the Code by the deadline, May 8, 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 Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.6 Case 53-17 Christopher& Nicole Dufala 3439 Northridge Dr. Short Term Rental — Phillips Code Enforcement 2017-04-26 9 Property owner Nicole Dufala admitted to the violation and said the property was in compliance. Inspector Julie Phillips provided a PowerPoint presentation. A notice of violation was issued on February 14, 2017, following the first inspection; a residential rental BTR was issued on March 3, 2017. The violation at 3439 Northridge Drive related to short-term rental. Section 8.102 definition of Residential Use - "A residential use located on residentially zoned property shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less." Prima facie evidence included: 1) February 13 and 26, 2017 screenshots of Homeaway website — property offered for rent with nightly rates posted, a calendar overlap showed availability for short-term rental; and short-term rentals for May 6—27, 2017 were approved, 2) April 4, 2017 screenshots of Homeaway website— property offered for rent for 4-night minimum stay with nightly rates posted; and 3)April 25, 2017 screenshots of Homeaway website— property offered for rent for 30-night minimum stay and posted reviews by 2 April renters. Inspector Phillips said the property was not in compliance on April 25, 2017. Ms. Dufala said she did not contract with Homeaway which had pulled her information from the VRBO website. She said she was unable to edit Homeaway information. She said her neighborhood's homeowners association did not prohibit short-term rentals and she was unaware of City rental restrictions or BTR requirements. She said she tried to change the VRBO website and called Homeaway in February when she was advised of the restrictions. She did not feel it was right to cancel reservations previously made and allowed some short-term rentals after that date. She said her neighbors were concerned with the short-term rentals and she was approached by a Councilmember regarding the issue at a neighborhood event. It was commented that Ms. Dufala violated Code, she should have called the City re Code restrictions before offering short-term rentals, and extensive media coverage re short-term rental restrictions was published. Walter Johnson, president of Countryside Northridge Homeowners Association, said the subject property had 15 short-term rentals since December 2016, neighbors were upset, and the association wanted the ordinance enforced. He said in January the association sent Mr. and Ms. Dufala a letter asking them to comply with City Code. 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 Phillips recommended compliance by May 8, 2017 or a fine of$250 per day be imposed. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before May 8, 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. Code Enforcement 2017-04-26 10 This case came before the City of Clearwater Municipal Code Enforcement Board on April 26, 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: short- term rental. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the 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 the Board that the Respondent(s) shall rent property for at least 31 days or one calendar month whichever is less; and remove all daily and weekly rental rates, reviews and discounts. In addition, ALL websites and calendars should reflect the 31 day rental requirement or one calendar month whichever is less to comply with said Section(s) of the Code by the deadline, May 8, 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 Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-04-26 11 4.7 Case 54-17 - Repeat Violation - Continue to May 24, 2017 Janet C Bombard & Michael Trapuzzano 964 Mandalay Ave. Short Term Rental — Phillips Case 54-17 was continued automatically to May 24, 2017. 4.8 Case 55-17 - Repeat Violation Sugar Factory LLC 1844 Drew St. Sign Maintenance— Knight Property owner Robert Metz admitted to the violation Inspector Daniel Knight provided a PowerPoint presentation. On February 27, 2013, the Board found this property at 1844 Drew Street in violation of Code for sign maintenance; compliance was met on March 13, 2013. On March 1, 2017, the property was cited for a repeat violation for sign maintenance and a notice of repeat violation was issued. Property photographs on March 1 and 2, 2017 showed faded letters on one awning and two awnings with varying shades of green. Property photographs on March 6 and 7, 2017 showed awning repairs underway. Property photographs on March 8, 2017 showed repairs completed. In response to questions, Inspector Knight said property owners were responsible for maintaining signage. With a sign permit, a business could have a different color awning. The meat market needed a permit to install an awning. Mr. Metz said the violation was corrected as soon as possible. Inspector Knight recommended imposing a repeat violation fine of$3,500 i.e. $500 per day for 7 days. Discussion ensued with comments that Mr. Metz had been cooperative, repaired the violation quickly, and the violation had not generated income Attorney Smith submitted composite exhibits. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case and committed a repeat violation and to enter an order that a fine of$50 per day be imposed for the time the violation existed, payable within 30 days. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on April 26, 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 the awning structure is in poor condition, in violation of the City of Clearwater Code. The Respondent(s) was/were present. Code Enforcement 2017-04-26 12 CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section 3-1502.1 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on February 27, 2013, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$350.00 ($50.00 daily fine) for the time period from March 1 to March 8, 2017, when the repeat violation occurred, payable by May 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 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 56-17 - Continue to May 24, 2017 Carolyn Curry 1005 N Highland Ave. Exterior Surfaces — Knight Case 56-17 was continued automatically to May 24, 2017. 4.10 Case 57-17 - Continue to May 24, 2017 Conrad Dalman 1446 Thames Ln. Res. Rental BTR— Knight Case 57-17 was continued automatically to May 24, 2017. Code Enforcement 2017-04-26 13 4.11 Case 58-17 - Continue to May 24, 2017 Murphy, Anita Trust 1560 Linwood Dr. Res. Rental BTR/Exterior Storage— Knight Case 58-17 was continued automatically to May 24, 2017. 4.12 Case 59-17 T A H 2015-1 Borrower LLC 115 N Cirus Ave. Res. Rental BTR— Harris No one was present to represent the Respondent. Member Carothers 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 Christin Harris recommended compliance by May 5, 2017 for the residential rental BTR at 115 N Cirus Avenue or a fine of$100 per day be imposed. Attorney Smith submitted composite exhibits. Member Engel moved to enter an order requiring the Respondent to correct the violation on or before May 5, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$100 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on April 26, 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: Residential Rental 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) 3-2302 & 3-2303, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall submit an application for a Residential Rental Business Tax Receipt and remit$39.39 to comply with said Section(s) of the Code by the deadline, May 5, 2017. The fine is $100.00 per day for each and every day the violation continues past the date set for compliance. Code Enforcement 2017-04-26 14 Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Christin Harris, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.13 Case 60-17 Precision Hotel Mgmt Co 1770 N Ft. Harrison Ave. Business Tax Receipt— Harris No one was present to represent the Respondent. Inspector Christin Harris said the BTR for 1770 N Ft. Harrison Avenue had been paid and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Carothers 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 April 26, 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 2017-04-26 15 Based on the testimony and evidence received, it is evident the condition related to a delinquent Business Tax Receipt 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) 29.30(1) & 29.40(1) as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.14 Case 61-17 Precision Hotel Mgmt Corp 1800 N Ft. Harrison Ave. Business Tax Receipt— Harris No one was present to represent the Respondent. Inspector Christin Harris said the BTR for 1800 N Ft. Harrison Avenue had been paid and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Kleban 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 2017-04-26 16 This case came before the City of Clearwater Municipal Code Enforcement Board on April 26, 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 related to a delinquent Business Tax Receipt 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) 29.30(1) & 29.40(1) as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.15 Case 62-17 - Continue to May 24, 2017 Jose Antonio 1587 Scranton Ave. Exterior Surfaces/Grass Parking —Alston Case 62-17 was continued automatically to May 24, 2017. Code Enforcement 2017-04-26 17 4.16 Case 63-17 - Continue to May 24, 2017 Javier & Maria Luisa Gutierrez 1556 S Prospect Ave. Exterior Storage—Alston Case 63-17 was continued automatically to May 24, 2017. 4.17 Case 64-17 - Continue to May 24, 2017 Javier Gutierrez 841 Howard St. Exterior Storage—Alston Case 64-17 was continued automatically to May 24, 2017. 4.18 Case 65-17 - Continue to May 24, 2017 David Nelson 1574 S Martin Luther King Jr. Avenue Fences/Grass Parking — Devol Case 65-17 was continued automatically to May 24, 2017. 4.19 Case 66-17 Duka Properties LLC 1570 S Martin Luther King Jr. Avenue Fences/Exterior Surfaces — Devol No one was present to represent the Respondent. Inspector Diane Devol said the property owner had to leave the meeting. 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 Devol recommended compliance for the rental property at 1570 S Martin Luther King Jr. Avenue re fences and exterior surfaces by May 31, 2017 or a fine of$150 per day per violation be imposed. The property owner had made some efforts to make repairs Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before May 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 April 26, 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 2017-04-26 18 Based upon the testimony and evidence received, it is evident that 2 violations exist: fences 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) 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, 3-808.A.6, & 3-1502.13, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Continue to repair, replace or remove fencing that has rotten or broken boards. Replace or remove wooden gate on backyard fence line. Paint fence to present uniform appearance and 2) Repair and/or replace all areas on exterior of house that have rotten wood or rust. Clean all areas of mold or mildew, and paint where necessary to comply with said Section(s) of the Code by the deadline, May 31, 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 Diane Devol, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.20 Case 67-17 - Continue to May 24, 2017 Maria Mancos Rose Mancos 1943 Gilbert St. Exterior Surfaces/Fences — Hollifield Case 67-17 was continued automatically to May 24, 2017. Code Enforcement 2017-04-26 19 4.21 Case 68-17 R L S Properties Holdings LLC 541 Woodlawn St. Lot Clearing/Grass Parking/Exterior Storage/Commercial Vehicle/Hauling Trailer— Cantrell No one was present to represent the Respondent. Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Jason Cantrell said 3 violations for an oversize commercial vehicle, exterior storage, and trash & debris at 541 Woodlawn Street had been corrected and requested a declaration of violation. Member Carothers moved to find 3 violations for an oversize commercial vehicle, exterior storage, and trash & debris 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. Inspector Cantrell provided a February 17, 2017 property photograph of 2 hauling trailers and grass parking. He recommended compliance for the 2 violations by May 19, 2017 or a fine of $150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the 2 violations for hauling trailers and grass parking on or before May 19, 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 April 26, 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 & grass parking. It also is evident 3 conditions related to the commercial vehicle, exterior storage and trash/debris existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent(s) was/were not present. CONCLUSIONS OF LAW Code Enforcement 2017-04-26 20 The Respondent(s) is/are in violation of the City of Clearwater Code Sections 3-1407.A.2.c, 3- 1407.A.3.c, 3-1403.113.1, 1407.A.5 & 1407.A.7, 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, 3-1502.G.3, 3-1407.A.2.e, 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 remove the hauling trailers from the property or obtain a permit to install a six-foot fence, hedge or wall. Hauling trailers must be on an approved surface such as concrete, asphalt or brick pavers to comply with said Section(s) of the Code by the deadline, May 19, 2017. The fine is $150.00 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 the conditions related to commercial vehicle, exterior storage and trash/debris. 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 Jason Cantrell, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 4.22 Case 69-17 Gilbert Jannelli 301 N Ft. Harrison Ave. Business Tax Receipt/Obstruction of Alley or Street/Dev. Code Violation/Grass Parking/Vacant Parcel Outdoor Storage/Temp. Commercial Parking/Portable Signs - Cantrell Code Enforcement 2017-04-26 21 Attorney Joel Treuhaft, representative for property owner Gilbert Jannelli, admitted to the violations for March 4, 2017. Code Enforcement Manager Terry Teunis said the vacant lot at 301 N Ft. Harrison Avenue was used for short-term parking during Coachman Park's Wild Splash event. Inspector Jason Cantrell provided a PowerPoint presentation. Notices of violation were issued on March 6 and 23, 2017, following the first inspection. The 7 violations related to business tax receipt, obstruction of alley or street, development code violation, grass parking, outdoor storage on a vacant parcel, temporary commercial parking, and portable signs. Property photographs on March 4, 2017 showed vehicles parked on the grass, a man holding a sign that read "parking," and property owner Jannelli setting down a sign behind a SUV parked on the sidewalk. The violations were corrected 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. Attorney Treuhaft said property owner Jannelli was unaware a temporary parking permit was required, he had never been cited for this violation before and the property was in compliance the next day. He said property owner Jannelli admitted to the violation for commercial parking but not for residential parking as property owner Jannelli had concerns he would be subject to a repeat violation if his tenants parked on the grass, which would be beyond his control and a different type of violation. Attorney Treuhaft said such an overlap for property owner Jannelli's other properties would be inequitable. Discussion ensued with concern expressed that property owner Jannelli made frequent appearances before the Board due to multiple Code violations at his properties and a master plan was adopted for him to clean up all of his properties. Attorney Treuhaft said 2 of property owner Jannelli's properties were on track to meet compliance. Attorney Smith said the Code did not distinguish between grass parking on commercial or residential properties and the Florida Statute re repeat violations provided no such distinction. Inspector Cantrell requested a declaration of violation for the 7 violations. Attorney Smith submitted composite exhibits. Member Carothers moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the 7 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. Members Carothers, Strickland, Nycz, Prast, Kleban, and Chair Riordon voted "Aye", Member Engel voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on April 26, 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 2017-04-26 22 Based on the testimony and evidence received, it is evident the condition(s) related to Business Tax Receipt, obstruction of alley or street, development code violation, grass parking, vacant parcel outdoor storage, temporary commercial parking and portable signs existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 29.30(1), 29.30(3), 30.041, 1-104.113, 3-1403.113.1, 3-1502.J.33-2103, 3-2103.L.2, 3-2103.L.3, & 3-1804.11-11 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(s) 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 26th day of April 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 07-17 Affidavits of Compliance Michael Taylor 1432 Pine Brook Dr. Ext. Storage/Lot Clearing — Knight 5.2 Case 18-17 Affidavit of Compliance 110MLKLLC 110 N Martin Luther King Jr. Avenue Door &Window Openings— Fletcher Code Enforcement 2017-04-26 23 5.3 Case 31-17 Affidavit of Compliance M F R A Trust 20151 Wilmington Trust National Assoc Tre 1010 Pinebrook Dr. Fences— Knight 5.4 Case 49-17 Affidavit of Compliance Rickey & Brenda Williams 2769 Quail Hollow Rd. Ext. Surfaces—Stewart 5.5 Case 60-15 Affidavit of Non-Compliance Edward R Mack 1465 Pierce St. Door &Window Openings—Weaver 5.6 Case 52-16 Affidavit of Non-Compliance Timothy & Janice Amburgy 2813 Long View Dr. Abandoned Bldg — Harris 5.7 Case 131-16 Affidavit of Non-Compliance Elijah Jones Jr. 1312 Woodbine St. Hauling Trailer— Knight 5.8 Case 13-17 Affidavit of Non-Compliance Doris Rose & Ralph Hunstein 1233 Lakeview Rd. Landscaping Required —Alston 5.9 Case 14-17 Affidavit of Non-Compliance Doris Rose & Ralph Hunstein 1233 Lakeview Rd. Ext. Surfaces— Fletcher 5.10 Case 23-17 Affidavit of Non-Compliance Angie Chamusco 1565 Gentry St. Outdoor Storage— Hollifield Member Carothers moved to accept the Affidavits of Compliance for Cases 07-17, 18-17, 31-17, & 49-17 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 60-15, 52-16, 131-16, 13-17, 14-17 & 23-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS Code Enforcement 2017-04-26 24 6.1 Case 103-16 Request for Lien Reduction 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 Properties owners Richard and Lance Koster said they rented the property to businesses. Inspector Diane Devol said she worked with the property owners who made their best efforts to meet compliance, which did not occur until December 2016. She reviewed photographs of 1101 Seminole Street from September and December 2016 showing 7 violations. She said problems continued since compliance. Property photographs on March 2, 2017 showed trash and debris, vehicles in disrepair, abandoned vehicles, and exterior storage of car parts and other items. Property photographs on April 7, 2017 showed the alley with trash, a stored vehicle and one being repaired. A property photograph on April 13, 2017 showed an unregistered vehicle parked on the property in front of the building. She did not know if the property owners were able to continuously monitor the property as necessary. The property's 3 onsite businesses provided towing, repair, and auto body repair services. Vehicles in the alley interfered with garbage truck access. Lance Koster said discussions were underway to sell the property; a contract was anticipated. He said they were not responsible for vehicles parked in the street or right-of-way. Richard Koster said he visited the property 3 to 4 times weekly. He said people dumped items, including furniture, on the property. He requested that the Police Department install no parking signs. He said tow away signs had been affixed to the front of the building and rear fence. He said the tenants were beginning to comply. Discussion ensued with concerns expressed the tenants did not always comply with Code and while the problem was uncontrollable, it was the owners' problem. It was felt the request should be continued until a purchase contract was signed rather than subjecting the property to repeat violation fines. Member Nycz moved to deny the request for a lien reduction. The motion was duly seconded and carried unanimously. 6.2 Case 119-16 Request for Lien Reduction Renata Koenig 3216 Wessex Way Windows Maintenance/Public Health, Safety or Welfare Nuisance — Phillips Rebecca Raider, daughter of property owner Renata Koenig, requested a lien reduction. She said she had worked with Inspector Julie Phillips and the property was in compliance. She said the house was not occupied and she hired a pool and lawn service to maintain the property. Attorney for the Board Andy Salzman said administration costs for 3216 Wessex Way totaled $1,287.20 and the lien was $48,500. Mr. Teunis said the City did not make a recommendation re the lien reduction because ownership of the property had not changed. Code Enforcement 2017-04-26 25 Member Strickland moved to enter an order reducing the fine for Case 119 -16 to administration costs of $1,287.20 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 April 26, 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 hen 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 January 25, 2017, as recorded in O.R. Book 19571, Pages 2430 - 2432 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $1,287.20 payable to the Petitioner by May 26, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of $48,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 26th day of April 2017, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILING: BRUNO ONE INC 2083 ENVOY CT 24- 29 -15- 41994- 000 -2160 PNU2017 -00032 $220.00 Member Carothers moved to accept the Nuisance Abatement Lien filing. The motion was duly seconded and carried unanimously. Member Strickland said his neighborhood association was impressed with Inspector Vicki Fletcher's efforts and he complimented her for the good job she did and her hard work trying to bring the San Remo Avenue area into compliance. 8. ADJOURN The meeting adjourned at 3:25 p.m. Ch air, unicipal de En orcement Board Code Enforcement 2017 -04 -26 26