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06/28/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 28, 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, Rosemarie Call —Acting 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 May 24, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the May 24, 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 63-17 —Continued from April 26 & May 24, 2017 Javier & Maria Luisa Gutierrez 1556 S Prospect Ave. Exterior Storage/Inoperable Vehicles/Lot Clearing & Debris —Alston Property owner Javier Gutierrez said the violations had been corrected. 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 Trava Alston said the property owner had made good progress but violations remained at 1556 S Prospect Avenue. He recommended compliance by July 12, 2017 or a fine of$200 per day per violation be imposed. Mr. Gutierrez said his property was in compliance. Code Enforcement 2017-06-28 1 Assistant City Attorney Matt Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before July 12, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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: Inoperative Vehicle/Outdoor Storage, Lot Clearing/Accumulation of Debris, and Exterior Storage/ Construction Material Storage. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.1, 3- 1502.G.2, 3-1502.G.3, 3-1502.G.5, 3-1503.113.6, & 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: 1) Inoperable Vehicles and Storage - Bring all vehicles on the property into compliance. All vehicles must have a current tag and registration, all tires must be inflated, and all vehicles must be operable. Vehicles not meeting this requirement must be removed; 2) Lot Clearing & Debris — Remove all debris from property and maintain the property on a regular basis; and 3) Exterior Storage - Remove all tires, car parts, appliances, interior furnishings, construction materials, debris and any items not intended for outdoor use to comply with said Section(s) of the Code by the deadline, July 12, 2017. The fine is $200.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Trava Alston, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of Code Enforcement 2017-06-28 2 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.2 Case 64-17 —Continued from April 26 & May 24, 2017 Javier Gutierrez 841 Howard St. Exterior Storage/Inoperable Vehicles/Lot Clearing & Debris —Alston Property owner Javier Gutierrez said the violations had been corrected. He said the duplex had 2 addresses and also was cited in Case 63-17. Inspector Trava Alston said the duplex was on 2 lots; each property had different ownership. Compliance was met for exterior storage/inoperable vehicles/lot clearing & debris. He requested a declaration of violation for 841 Howard Street. Attorney Smith submitted composite exhibits. Member Engel moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the 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 June 28, 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 Inoperative Vehicle/Outdoor Storage, Lot Clearing/Accumulation of Debris, Exterior Storage/ Construction Material Storage existed; however, it is further evident this/these condition(s) was/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) 3-1502.G.1, 3- 1502.G.2, 3-1502.G.3, 3-1502.G.5, 3-1503.113.6, & 3-1503.113.7 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 Code Enforcement 2017-06-28 3 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.3 Case 78-17 Teresita C Davidson 1370 S Madison Ave. Res. Grass Parking/Vehicle Repair-Res. Zone/Exterior Storage—Alston Property owner Teresita Davidson said she sold the abutting vacant Lot 19 in 2006 to the out of state owner. She denied the violation. Her son Gregory Davidson said the fence was at the edge of his mother's property. Inspector Trava Alston provided a PowerPoint presentation. A notice of violation was issued on March 28, 2017, following the first inspection of 1370 S Madison Avenue. The Code Enforcement Board recessed from 1:53 to 1:56 p.m. The 3 violations related to residential grass parking, vehicle repair in a residential zone, and exterior storage. Property photographs on March 23 and 29, April 11 and 14, May 22, and June 23, 2017 showed Lot 19 had multiple inoperable vehicles, auto parts, engines, tires, oil containers, gasoline cans, vehicle repair underway, indoor furniture, televisions, a washing machine, trash, boxes, plastic, and a tarp, and Lot 18 had a refrigerator, clothes on the ground and fence, a child's car, and trash. A June 23, 2017 property photograph showed the lots were in compliance. Attorney Smith said the only violation on Lot 18 was exterior storage. Inspector Alston said compliance had been met and requested a declaration of violation. Member Strickland moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation for exterior storage 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 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 June 28, 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 Exterior Storage existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW Code Enforcement 2017-06-28 4 The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1407.A.5, 3- 1407.A.7, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1503.113.6, & 3-916.C, 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 June 2017, at Clearwater, Pinellas County, Florida. 4.4 Case 79-17 Missouri Property LLC 1420 S Missouri Ave. Exterior Storage, Lot Clearing -Alston Property owner Chandesh Sooknanan admitted to the violations. 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. Code Compliance Manager Terry Teunis said Inspector Trava Alston saw 2 violations for exterior storage and lot clearing through the gate at 1420 S Missouri Avenue but could not see the violations during his last inspection; the gate was shut. Inspector Alston recommended compliance by July 24, 2017 or a fine of$200 per day per violation be imposed. Mr. Sooknanan said the property was clean. He expressed concern that nearby businesses stored appliances under cover behind rear fences yet staff told him he could not do the same. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before July 24, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2017-06-28 5 This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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 Exterior Storage and Lot Clearing existed; however, it is further evident this/these condition(s) was/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) 3-1502.F.1, 3- 1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1503.113.6, 3-1503.113.7, 3-1503.113.8, & 3-1503.B.5.A, 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 June 2017, at Clearwater, Pinellas County, Florida. 4.5 Case 80-17 Brinson, Venie W Est. Don A Brinson 1746 Drew St. Sign Maintenance— Knight Property owner Don Brinson denied the violation; he did not know why the property was cited. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on May 4, 2017, following the first inspection. The violation at 1746 Drew Street related to sign maintenance. Property photographs on May 3 and 23 and June 27, 2017 showed the "Fashion World" signage was faded with various shades of green and visible lettering for a previous business. Inspector Knight had not heard from the tenant or property owner. Code Enforcement 2017-06-28 6 Mr. Brinson said his wife signed for his mail while he was ill and he needed clarification re the violation. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance by July 27, 2017 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before July 27, 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 June 28, 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: sign maintenance. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) Section 3-1502.1, 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 attached awning sign so that it is no longer in a faded and poor condition to comply with said Section(s) of the Code by the deadline, July 27, 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 Code Enforcement 2017-06-28 7 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.6 Case 81-17 Dream Coast Builders LLC 304 S Prospect Ave. Attached Signs in Non-Residential Districts— Knight Property owner Greg Gallagher admitted to the violation. He said he could meet compliance after July 24, 2017. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight said some miscommunication with the property owner re the comprehensive sign program had occurred. A property photograph of 304 S Prospect Avenue on June 16, 2017 showed attached signage painted on the building which was not permitted downtown. He recommended compliance by July 14, 2017 or a fine of$150 per day be imposed. Discussion ensued with comments that Mr. Gallagher had improved the property and requested additional time. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before July 31, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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: attached signs in non-residential districts. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) Section 3-1807.113.3.a & 3-1807.113.3.1b, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove the painted attached sign from the building and obtaining a permit for an allowable sign if one is wanted in the future to comply with said Section(s) of the Code by the deadline, July 31, 2017. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Code Enforcement 2017-06-28 8 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.7 Case 82-17 Vincent Radcliffe Jr. 120 N Orion Ave. Exterior Storage/Exterior Surfaces —Cantrell David Boisse, representing the property owner, admitted to the violation. 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 the property at 120 N Orion Avenue had 2 violations: exterior storage and exterior surfaces. He recommended compliance by July 26, 2017 or a fine of$150 per day per violation be imposed. Mr. Boisse said he would do most of the work as a favor to the property owner who was on a fixed income. Considering the structure's size and summer rains, he requested an additional 30 days. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before August 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 June 28, 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 2017-06-28 9 Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior storage and exterior surfaces. 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) Section 3-1502.13, 3- 1502.F.1, 3-1502.G.1, 3-1502.G.2, & 3-1502.G.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all items not intended for outdoor use and remove/repair mildew and dirt, peeling and failing paint, non uniform paint and damaged exterior surfaces to comply with said Section(s) of the Code by the deadline, August 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 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.8 Case 83-17 Marek Pietryniak 405 S Orion Ave. Public Health, Safety or Welfare Nuisance— Cantrell Attorney Candace Rojas admitted to the violation on behalf of her client, property owner Marek Pietryniak, who was present with an interpreter. She said she would make certain the owner completely understood the board's action. Inspector Jason Cantrell said the nuisance at 405 S Orion Avenue was abated by filling in the swimming pool, which was not permitted; another department would deal with that action. He requested a declaration of violation. Attorney Smith submitted composite exhibits. Code Enforcement 2017-06-28 10 Member Strickland moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the 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 June 28, 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 Public Health, Safety or Welfare Nuisance related to swimming pool existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent and a representative of the Respondent were present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1503.113.5 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 June 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 84-17 Mary & Leslie Pohley 216 S Corona Ave. Res. Grass Parking —Cantrell Cheryl Pohley and property owner Leslie Pohley were present; Mary Pohley was deceased. Leslie Pohley admitted to the violation. Code Enforcement 2017-06-28 11 Inspector Jason Cantrell said the tenant had brought the property at 216 S Corona Avenue into compliance. He 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 June 28, 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 grass parking existed; however, it is further evident this/these condition(s) was/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) 3-1403.113.1, 3- 1407.A.2, 3-1407.A.5, & 3-1407.A.7 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 June 2017, at Clearwater, Pinellas County, Florida. 4.10 Case 85-17 D'Angelo, Maria A Trust Tenaglia, Adia A Tre 1965 Cleveland St. Exterior Storage/Lot ClearingNehicle Repair— Res. Zone— Cantrell Code Enforcement 2017-06-28 12 The property owners had not authorized tenant Thomas Donavan to represent them. No one was present to legally represent the Respondent(s). Mr. Donavan said he had tried to correct the violations. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Jason Cantrell said the City received numerous complaints re the engine hoist, exterior trash, and debris at 1965 Cleveland Street. Compliance was met for vehicle repair; he requested a declaration of violation. Member Carothers moved to find the Respondent was in violation of the City of Clearwater Code for vehicle repair 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. Inspector Cantrell recommended compliance for 2 violations for exterior storage and lot clearing by July 14, 2017 or a fine of$150 per day per violation be imposed. Trash needed to be removed, the engine hoist needed to be in the garage, and all vehicle repairs had to be done inside the garage. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations re exterior storage and lot cleaning on or before July 14, 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 June 28, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior storage and lot clearing. It also is evident conditions related to vehicle repair in a residential zone 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 3-1502.G.1, 3- 1502.G.2, 3-1503.113.6, 3-1503.113.7, & 3-1503.113.8, as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-916.0 & 1-104.113 as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-06-28 13 It is the Order of the Board that the Respondent(s) shall remove all items not intended for outdoor use as well as any trash/debris and maintain on a regular basis to comply with said Section(s) of the Code by the deadline, July 14, 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 vehicle repair in a residential zone. 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.11 Case 86-17 0LEMCLLC 2075 Rainbow Dr. Exterior Surfaces —Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell said compliance had been met at 2075 Rainbow Drive 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 June 28, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received Code Enforcement 2017-06-28 14 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 Exterior Surfaces 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) 3-1502.113 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. 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 June 2017, at Clearwater, Pinellas County, Florida. 4.12 Case 87-17 Andon & Irma Qipo 1330 Emily Ct. Door &Window Openings/Hauling Trailer— Harris Shaban Terziu, representing the property owner, admitted to the violations. 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 said violations were for a boarded window and trailers and boats parked on the grass. Property photographs of the 2 violations at 1330 Emily Ct. on May 16, 17, and 19 and June 1 and 16, 2017 showed a boarded opening on the front of the house near the roof line and 2 trailers, one with a boat, parked on the grass in front of the house. She recommended compliance by July 18, 2017 or a fine of$200 per day per violation be imposed. Mr. Terziu said he would remove the boats and trailers. He said an attic vent was special ordered. Code Enforcement 2017-06-28 15 Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before July 18, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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: door & window openings and hauling trailer. 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) Section 3-1502.C.1, 3-1502.C.3, 3-1407.A.2.b, 3-1407.A.2.c, & 3-1407.A.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) remove board over window/opening and repair, replace or restore the window/opening to code (permit required to replace window); and 2) remove vehicles, boats, and boat trailers parked on the grass and locate them in an approved area. Only one vehicle may be parked on the grass adjacent to the driveway. A boat and trailer in the side or rear setbacks must be shielded by a 6-foot fence, wall or hedge and parked on an approved surface such as concrete, asphalt or pavers (permit required to install approved surface) to comply with said Section(s) of the Code by the deadline, July 18, 2017. The fine is $200.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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. Code Enforcement 2017-06-28 16 DONE AND ORDERED this 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.13 Case 88-17 Lenart Family Trust 625 S Gulfview Blvd. Business Tax Receipt— Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met at 625 S Gulfview Boulevard 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 June 28, 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 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) 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 Code Enforcement 2017-06-28 17 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 June 2017, at Clearwater, Pinellas County, Florida. 4.14 Case 89-17 Marlene V Grisson 1749 Great Brikhill Rd. Res. Rental Business Tax Receipt - Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met at 1749 Great Brikhill Road 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 June 28, 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 Residential Rental 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) 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. Code Enforcement 2017-06-28 18 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 June 2017, at Clearwater, Pinellas County, Florida. 4.15 Case 90-17 Baymont East LLC 480 East Shore Dr C Res. Rental Business Tax Receipt— Harris Housh Ghavaee, representing the Respondent, admitted to the violation and requested a 30-day extension. He said the owner was working with the City to change the property's zoning and was submitting a site plan. He said the property was supposed to offer short-term lodging. 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 said the property owner had not submitted any paperwork. A State license was required to obtain a Residential Rental BTR (Business Tax Receipt) for properties renting more than 5 units on a nightly basis. Mr. Teunis said staff worked with the property owner since September 2016. The subject property at 480 East Shore Drive C was operating without a State license or Residential Rental BTR. It was stated it may take 30 days to obtain the State license. Inspector Harris recommended compliance by July 10, 2017. She said the property owner could obtain a Residential Rental BTR for one-month rentals without a State license. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before July 30, 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 June 28, 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. 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) Section 3-2302, as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-06-28 19 It is the Order of the Board that the Respondent(s) shall submit an application for a residential rental Business Tax Receipt with proof of state license for a resort dwelling/short term rental and payment of$45.75 for fiscal year 2016-2017 to comply with said Section(s) of the Code by the deadline, July 30, 2017. The fine is $100.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.16 Case 91-17 — Repeat Violation Woody's Funeral Home Inc 800 S Martin Luther King Jr. Avenue Business Tax Receipt— Harris Property owner Nathan Woody admitted to the violation. Inspector Christin Harris provided a PowerPoint presentation. A notice of repeat violation was issued on May 22, 2017. The repeat violation at 800 S Martin Luther King Jr. Avenue related to Business Tax Receipts/Delinquent Tax Receipts. On June 22, 2012, the MCEB (Municipal Code Enforcement Board) issued an order finding the property in violation of Code for failure to maintain and renew a BTR for a permanent business location. Delinquent fees of$887.54 were paid on November 5, 2013. Inspector Harris said Mr. Woody did not renew his BTR on October 1, 2015 for FY (Fiscal Year) 2015/16. During the following renewal season, the City sent Mr. Woody a Notice of Violation for the delinquent FY 2015/16 BTR and renewal notice for a FY 2016/17 BTR. A June 5, 2017 screenshot showed Mr. Woody's State funeral director and embalmer license was current. Inspector Julie Phillips said she made an undercover phone call to Woody's Funeral Home on May 19, 2017. The woman answering the phone said the business was open and a weekend appointment to discuss arrangements could be scheduled. Property photographs on May 19, 2017 showed multiple signs advertising Woody's Funeral Home. Code Enforcement 2017-06-28 20 In response to a question, Inspector Harris said the delinquent BTRs totaled $568.78 for 2 years, including late fees. Payment for a FY 2017/18 BTR was due October 1, 2017. Mr. Woody said he had not received some notices. He said his funeral home was owned by a corporation. He said he suffered memory loss. 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 and committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Harris recommended imposing a fine of$500/day for 38 days or $19,000 for the repeat delinquent BTRs. Discussion ensued with recommendations that Mr. Woody get assistance to remember to obtain future BTRs on time. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order that a fine of$1,000 be imposed for the time the repeat violation existed, plus $568.78 for delinquent BTRs for a total of$1,568.78, payable within 60 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 per day for each day the violation exists. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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 the Respondent did not obtain Business Tax Receipts for Fiscal Year 2015/16 and 2016/17 and was in violation of the City of Clearwater Code. The Respondent was present. CONCLUSIONS OF LAW The Respondent was in violation of Code Sections 29.30(1) &29.40 (1) as referred to in the Affidavit in this case and previously was found to have violated the same Code Sections on July 27, 2012, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent pay a fine of$1,000 for the repeat violation plus $566.78 for overdue Business Tax Receipts for FY 2015/16 and 2016/17 for a total of$1,568.78, payable by August 27, 2017. The Board further orders that if the Respondent repeats the violation referenced herein within 5 years, the Board may order the Respondent to pay a fine of up to $500.00 for each day the repeat violation continues. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator 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 Code Enforcement 2017-06-28 21 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.17 Case 92-17 — Repeat Violation Louis Developments LLC 462 East Shore Dr. Parking Lot Surfaces — Devol Property owner's daughter Nicki Psaltis admitted to the repeat violation. 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. The motion was duly seconded and carried unanimously. Inspector Diane Devol provided a PowerPoint presentation. On July 22, 2015, the MCEB issued an order finding the 462 East Shore Drive property in violation of Code - vehicles parked on unpaved surface/grass. On May 23, 2017, Parking Enforcement contacted Code Enforcement re East Shore Drive properties selling parking. Inspector Dan Knight testified he took the May 27, 2017 photograph, showing the subject lot nearly full of illegally parked vehicles on unpaved surfaces, signage offering all day/night parking for a fee, and individuals setting up a tent and collecting money for parking. He advised the individuals they should not sell parking. Parking Enforcement Specialist Shawn Brown testified he took the May 28 and June 10, 2017 photographs showing illegal parking sold on the subject property. Inspector Allie Stewart testified she took the June 3, 2017 photograph showing illegal parking sold on the subject property. Inspector Devol said the property owner obtained a permit to sell parking on the property during Spring Break; the permit expired April 23, 2017. Property photographs showed 4 days of illegal parking. Ms. Psaltis said some vehicles were parked on the subject property following a request from Pelican Walk to help handle its parking garage's overflow parking. She said tow away signs were installed in March. She said a man was allowed to clean and control parking on the lot by permit for Spring Break. She said they were unaware that parking was being sold until they received notice on May 27, 2017; the man was told to stop. She was unaware of illegal parking in June. Inspector Devol recommended imposing a fine of$500 for each of the 4 days repeat illegal parking was photographed, for a total of$2,000. In response to a question, she said vehicles were charged from $10 to $20/day to park. Code Enforcement 2017-06-28 22 Attorney Smith submitted composite exhibits. Member Prast moved to enter an order that a fine of$2,000 be imposed ($500 per day for 4 days when repeat illegal parking was observed), payable within 60 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 per day for each day the violation exists. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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 parking lot surfaces were in violation of the City of Clearwater Code. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 1-104.113, 3-1407.A.7, 3-2103.L.1, 3- 2103.L.2, 3-2103.L.3, 3-1403.A, 3-1403.113.1, & 3-1502.K.4 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on July 22, 2015, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$2,000.00 ($500.00 daily fine)for May 27, May 28, June 3, and June 10, 2017, when the repeat violation(s) occurred, payable by August 27, 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-06-28 23 4.18 Case 93-17 Society St Vincent de Paul Council Pin Cnty Inc 1339 Park St. Exterior Surfaces — Fletcher Bob Sorrell, president of Society St. Vincent de Paul Council Pinellas County, Inc., admitted to the violation. 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 Vicki Fletcher said the property at 1339 Park Street had several calls for police service and also was cited for debris and human waste. She spoke with Mr. Sorrel and the violation was cleaned up immediately. Property photographs on June 22, 2017 showed exterior surfaces had mold and mildew, cracks, and fading paint. In response to a compliment re the difficult work accomplished by the organization, Mr. Sorrell said it was a daily struggle. Inspector Fletcher recommended compliance by July 12, 2017 or a fine of$200 per day be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before July 31, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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. 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) Section 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 pressure wash and/or paint the entire building to remove all peeling paint and mildew to comply with said Section(s) of the Code by the deadline, July 31, 2017. The fine is $200.00 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 Code Enforcement 2017-06-28 24 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.19 Case 94-17 Trust No 705 Milan Trust Holdings LLC Tre 705 Oak Ave. Exterior Surfaces — Fletcher No one was present to represent the Respondent. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Vicki Fletcher presented property photographs of the violation at 705 Oak Avenue for exterior surfaces. The Police Department contacted Code Enforcement on February 23, 2017 re squatters. February 23, May 25, and June 16, 2017 photographs showed exterior surfaces with stains, damaged/rotted siding, rotting wood, and vegetation on the roof. Inspector Fletcher had no contact with the property owner but spoke with a tenant. Inspector Fletcher recommended compliance by July 12, 2017 or a fine of$150 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 July 12, 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 June 28, 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 2017-06-28 25 Based upon the testimony and evidence received, it is evident that 1 violation exists: 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) Section 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 pressure wash and/or paint the entire building to remove all peeling paint and mildew and repair/replace all rotted wood to comply with said Section(s) of the Code by the deadline, July 12, 2017. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Vicki Fletcher, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.20 Case 95-17 —Cont'd to 7/26/17 John Charles Steenbergen & Joanne Persinger 616 S Glenwood Ave. Exterior Storage/Res. Grass Parking/Hauling Trailer— Fletcher Case 95-17 was continued to July 26, 2017. 4.21 Case 96-17 Trust No 70GS Land Trust Service Corp Tre 70 Gardenia St. Short Term Rental — Phillips No one was present to represent the Respondent. Code Enforcement 2017-06-28 26 Inspector Julie Phillips said the property at 70 Gardenia Street was in compliance 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 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 June 28, 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 Illegal Short- Term Rental 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 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 June 2017, at Clearwater, Pinellas County, Florida. 4.22 Case 97-17 Sharon & Richard Stanaland 709 Mandalay Ave. Short Term Rental — Phillips Code Enforcement 2017-06-28 27 No one was present to represent the Respondent. Inspector Julie Phillips said the property at 709 Mandalay Avenue was in compliance and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Nycz moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 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 June 28, 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 Illegal Short- Term Rental 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 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 June 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-06-28 28 4.23 Case 98-17 Carol G. Neal 1231 Aloha Ln. Res. Grass Parking/Inoperative Vehicle—Stewart Property owner Carol Neal admitted to the violations. 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 Allie Stewart presented property photographs of the 2 violations at 1231 Aloha Lane for resident grass parking and inoperative vehicle. April 11, May 22, and June 16, 2017 photographs showed multiple vehicles, one inoperative, parked on the grass in the front, side, and rear of the property. She informed the owner about vehicle registration and residential parking requirements. The owner said she could not afford the vehicle tags. Inspector Stewart recommended compliance by July 28, 2017 or a fine of$150 per day per violation be imposed. In response to a question, she said the property owner would need City approval and permits to enlarge the garage. Mr. Teunis said it was important that the violation for the inoperative vehicle in the back yard be abated. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before August 10, 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 June 28, 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: residential grass parking and inoperative vehicle. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) Section 3-1403.113.1, 3- 1407.A.5, 3-1407.A.7, & 3-1503.113.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall obtain and display current registration for all vehicles on the property, fully inflate all tires on all vehicles, which must mechanically run or be garage kept. Remove all vehicles from the side of the home and back yard. Vehicles only can be parked in the driveway, in the street, or on the grass parallel and adjacent to the driveway (only one vehicle may be parked on the grass adjacent to the driveway) to comply with said Section(s) of the Code by the deadline, August 10, 2017. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Code Enforcement 2017-06-28 29 Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Allie Stewart, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 28th day of June 2017, at Clearwater, Pinellas County, Florida. 4.24 Case 99-17 —Withdrawn 1246 Florida LLC 1246 Idlewild Dr. Hauling Trailer/Exterior Storage/Exterior Surfaces— Stewart Case 99-17 was withdrawn. 4.25 Case 100-17— Repeat Violation Ralph W Turner & Carol A Ackerson 1905 Magnolia Dr. Vacant Parcel —Outdoor Storage - Cantrell Property owner Ralph Turner denied the repeat violation. Inspector Jason Cantrell provided a PowerPoint presentation. On October 23, 2013, the MCEB issued an order for the violation re outdoor storage on the vacant parcel at 1905 Magnolia Drive. In response to a June 22, 2016 complaint, Inspector Cantrell issued a Notice of Repeat Violation. On July 25, 2016, the MCEB determined the property was not in violation of Code. Following another complaint, Inspector Cantrell issued a Notice of Repeat Violation on June 2, 2017. Property photographs from previous notices of violation were shown. Property photographs on June 2, 7, and 16, 2017 showed a large shed with significant debris on the roof next to a lean to with deteriorated fencing, pipes, carpet pieces, a crab trap, wood pile, trash can, debris, two types of fencing, fence pieces, and rebar. The property owners sold the abutting house but not this vacant lot. The City would address the shed separately. The lean to was not permitted. Mr. Turner said he had pulled the debris out of the creek just before June 1, 2017 and assumed the City collected it after he set it by the road; more debris was in the creek. He said the rebar supported the concrete fence and directed water into the creek. He said neighbors had dumped fence pieces on his lot. He said the gate on the fence leading to the lean to had a broken hinge. He said the shed and lean to were legal. He said the lot was cleared and the gate was removed. Code Enforcement 2017-06-28 30 Steve Trum said he owned the property next door. He said his tenant recently moved out due to vermin from the subject property's shed, lean to, and junk. He said moving in a new tenant was problematic due to rats from the subject property. He said the oversized shed and lean to were in poor condition and located in the setback, inches from his property line. He requested that the Code be enforced. Mr. Turner said it was ruled that the shed was grandfathered and permitted on the vacant lot. He said he laid rat poison out every 2 weeks. 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 and committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Cantrell recommended imposing a fine of$500/day for 22 days (June 2 to June 23, 2017) or $11,000 for the repeat violation of storage on a vacant lot. Attorney Smith said the lean to also was considered outside storage. Mr. Turner said the lean to was legal and part of the grandfathered shed. It was stated the lean to was out of compliance due to its poor condition. Concern was expressed rats from the property caused neighborhood problems. It was suggested a smaller fine would encourage Mr. Turner to clean the property but if problems continued the board would fine him $500 per day. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order that a fine of$1,000 be imposed, payable within 60 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 per day for each day the violation exists. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 28, 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 outdoor storage on the vacant parcel was/were in violation of the City of Clearwater Code. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 3-1502.J.3 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on October 23, 2013, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$1,000 for the time period from June 2 to June 28, 2017, when the repeat violation(s) occurred, payable by August 27, 2017. The Board further orders that if the Respondent(s) repeats/repeat the violation referenced herein within Code Enforcement 2017-06-28 31 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 28th day of June 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 40-14 Affidavit of Compliance Marek Pietryniak 407 S Jupiter Ave. Exterior Surfaces/Windows & Maintenance— Fletcher 5.2 Case 46-15 Affidavit of Compliance 311 Avanda Land Trust Zhutaj, Florina THE 311 Avanda Ct. Parking Lot Surfaces/Exterior Surfaces— Fletcher 5.3 Case 126-16 Affidavit of Compliance Garden Suites LLC 530 Park St. Exterior Surfaces — Fletcher 5.4 Case 33-17 Affidavit of Compliance B P of Pinellas LLC 18698 US Highway 19 N Ext. Storage/ Lot Clearing — Cantrell 5.5 Case 34-17 Affidavit of Compliance Char Lynn Daughtry 210 Palm Island Roof Maint. — Brown Code Enforcement 2017-06-28 32 5.6 Case 51-17 Affidavit of Compliance Somerset Vacation Townhomes LLC 668 Mandalay Ave. Outdoor Storage— Brown 5.7 Case 52-17 Affidavit of Compliance Marc A Gill 2012 Sandra Dr. Short Term Rental/Res. Rental BTR— Phillips 5.8 Case 62-17 Affidavit of Compliance Jose Antonio 1587 Scranton Ave. Grass Parking —Alston 5.9 Case 66-17 Affidavit of Compliance Duka Properties LLC 1570 S Martin Luther King Jr. Avenue Fences/Exterior Surfaces — Devol 5.10 Case 76-17 Affidavit of Compliance 3077 Doxberry Court Land Trust 3077 Doxberry Ct. Residential Rental BTR— Harris 5.11 Case 125-16 Affidavit of Non-Compliance Gerald T. Strain 1444 Pine St. Ext. Surfaces/Roof Maint. — Fletcher 5.12 Case 62-17 Affidavit of Non-Compliance Jose Antonio 1587 Scranton Ave. Exterior Surfaces —Alston Member Carothers moved to accept the Affidavits of Compliance for Cases 40-14, 46-15, 126-16, 33-17, 34-17, 51-17, 52-17, 62-17, 66-17, and 76-17 and to accept the Affidavits of Non- Compliance and issue the Orders imposing fines for Cases 126-16 and 62-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 40-14 - Request for Lien Reduction Marek Pietryniak 407 S Jupiter Ave. Ext. Surfaces/Windows Maint. — Fletcher Mr. Teunis said the City had responded to frequent complaints at this property for a long time. The City had no recommendation for a lien reduction. Attorney for the Board Andy Salzman said the lien amount was $84,700 and administration costs were $1,425.20. Code Enforcement 2017-06-28 33 Inspector Vicki Fletcher said the 7-unit property at 407 S Jupiter Avenue had recurrent problems. The Police Department contacted Code Enforcement following a drug raid that found the units in disarray; Mr. Pietryniak then brought the property into compliance. On a later date, the Fire Department inspected the property and gave Mr. Pietryniak 24 hours to bring all units into compliance or be shut down. Fire safety issues included stolen electricity, an unlocked breaker, blocked doors, etc. The problem property was now in compliance. Attorney Candace Rojas said she had spoken with the Inspector. She said Mr. Pietryniak wanted to sell the property. She said he had extensive work done on the property several years ago and spent$20,000 on it after the Fire Department cited him. She said he was not fluent in English and did not realize he was obligated to contact Inspector Fletcher after repairs were completed. She said the lien was for miniscule items. She said Police Department and fire safety issues were caused by tenants with short term leases; Mr. Pietryniak had not done background checks. Attorney Rojas said Mr. Pietryniak was a long time resident and lived behind his restaurant, the Pierogi Grill. She said Mr. Pietryniak was in compliance and apologized for the delay in requesting an Affidavit of Compliance which was not done on purpose. She requested a fine reduction. Inspector Fletcher said she had tried to work with Mr. Pietryniak for years. Mr. Pietryniak did not spend money to maintain the property before it was raided by the SWAT Team and cited by the Fire Department, which found 6 broken windows and significant trash in the back yard. The interpreter was present each time she spoke with him. She could not get a hold of Mr. Pietryniak and had no contact with him since the Fire Department was onsite. Mr. Teunis said the City had had a difficult long-term relationship with Mr. Pietryniak and opposed a lien reduction due to the many hours the Police and Fire departments and Code Enforcement spent at the property. Mr. Pietryniak was responsible for renting to good citizens who did not disturb neighbors. Illegal drug sales posed constant problems. The prospective property owner was welcome to meet with the Assistant City Attorney re a contract agreeing to make the property useful and not a nuisance. The prospective property owner deserved a clean slate. Mr. Pietryniak was not serious about maintaining his property and failed as a property owner. Attorney Rojas said Mr. Pietryniak owned 6 local properties and none had been declared a nuisance. She said due to the low value of Mr. Pietryniak's properties and the significant number of needed repairs, he could not rent to people with high standards. Inspector Fletcher said it was difficult to contact Mr. Pietryniak. He would not tell the City his legal name after his name change nor had he updated his records with the Pinellas County Property Appraiser re his legal name and current address. She had to be accompanied by police during inspections. She also had to try to contact Mr. Pietryniak at his restaurant. Concern was expressed the property owner's failure to maintain the property created blight in the neighborhood. It was suggested the Board reduce the lien to $5,000 plus administration costs with a clear notation that repeat violations would incur$500/day fines. It was stated the lien should not be reduced as the property owner would have no incentive to maintain the property while continuing to collect money from it. Member Prast moved to enter an order reducing the fine for Case 40-14 to administration costs of $1,425.20 plus a fine of$8,470 for a total of$9,895.20 payable within 60 days or the lien will revert to its original amount. The motion was duly seconded. Members Carothers, Strickland, Prast, and Chair Riordon voted "Aye"; Members Nycz and Engel voted "Nay." Motion carried. Code Enforcement 2017-06-28 34 The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on June 28, 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 March 25, 2015, as recorded in O.R. Book 18731, Pages 606 - 609 of the public records of Pinellas County, Florida, is hereby reduced to a fine of$8,470.00 plus administration costs of$1,425.29, totaling $9,895.20, payable to the Petitioner by August 27, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$84,700.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of June 2017, at Clearwater, Pinellas County, Florida. 6.2 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 Property owners Richard and Lance Koster requested a lien reduction. Attorney Salzman said the lien amount was $63,600 and administration costs were $2,581.20. Inspector Diane Devol said the property at 1101 Seminole Street was a challenge as it continued to be in and out of compliance. Reducing the number of businesses from 3 to 2 had alleviated some problems but violations at the remaining 2 businesses continued for outdoor storage, inoperative vehicles parked on the sidewalk, trash and debris, etc. Richard Koster said another tenant was moving out. The new owner will operate 1 onsite business repairing vehicles. Lance Koster said the property had 1 tenant and no problems for 20 years. He said when they began renting to multiple tenants in 2005, parking was available across the street. He said they could not control 3 tenants on the property with a rear alley and no front parking. Attorney Smith expressed concern the Board was approving lien reductions for properties that did not maintain compliance. He said these orders caused the City to lose its leverage to threaten foreclosure. He said a Stipulation Agreement would be preferable as it would bind the seller and buyer if the sale fell through. Mr. Teunis said the City preferred a written agreement as property sales did not always close. Discussion ensued with comments the property purchaser would want a clean title and the property owners had been cooperative. Richard Koster said the purchaser was making a $10,000 deposit and he and his brother would hold the mortgage. Code Enforcement 2017-06-28 35 Member Nycz moved to enter an order reducing the fine for Case 103 -16 to administration costs of $2,581,20 payable within 60 days or the lien will revert to its original amount. The motion was duly seconded. Members Carothers, Strickland, Prast, and Chair Riordon voted "Aye "; Members Nycz and Engel voted "Nay." Motion carried. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on June 28, 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 January 25, 2017, as recorded in O.R. Book 19571, Pages 2433 — 2440 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of $2,581.20 payable to the Petitioner by August 27, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of $63,000.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of June 2017, at Clearwater, Pinellas County, Florida. 6.3 Case 97 -16- Stipulation Agreement Joseph Perrone 407 S Orion Ave. Ext. Surfaces /Ext. Storage/Windows Maint. /Fences & Walls /Lot Clearing /Abandoned Bldg. — Cantrell Attorney Ryan Dirks said his client was in litigation with Joseph Perrone re the property's title. He said after his client's brother died, the brother's property fell into disrepair, was trashed, and some deeds were transferred to Mr. Perrone. He said his client was not aware of the Code violations and could not correct them because she currently had no interest in the property's title. He hoped the title would be transferred to his client, who then agreed to bring the property into compliance. Attorney Smith said staff supported the lien reduction. The property at 407 S Orion Avenue was not in compliance but ownership was disputed. The agreement gave Attorney Dirks' client until June 28, 2018 to conclude litigation and 120 days to bring the property into compliance once the title is corrected. When the property is in compliance, the City agreed to a lien reduction to $2,380.20. The $380,000 lien increased by $1,500 /day. Member Carothers moved to accept and enter into the stipulation agreement as provided by the City. The motion was duly seconded and carried unanimously. 7. NUISANCE ABATEMENT LIEN FILINGS: None 8. ADJOURN The meeting adjourned at 5:07 p.m. Attest: AA - - .ail_/ Secretary to the Board Code Enforcement 2017 -06 -28 uni i ode Enforcement Board 36