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08/23/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 23, 2017 Present: Chair Michael J. Riordon, Vice Chair Wayne Carothers, Board Member James E. Strickland, Board Member Joseph A. Nycz, Board Member Robert Prast, Board Member Daniel Engel, Board Member Jack Kleban Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague— Secretary to the Board, Patricia O. Sullivan — Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES 2.1. Approve minutes of the July 26, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Kleban moved to approve minutes of the July 26, 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 116-17 Buford & Donna Ornduff 1359 Jeffords St. Grass Parking — Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met and requested a declaration of violation. Assistant City Attorney Matt Smith submitted composite exhibits. Member Carothers moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Code Enforcement 2017-08-23 1 This case came before the City of Clearwater Municipal Code Enforcement Board on August 23, 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 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 was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1403.113.1, 3- 1407.A.5, & 3-1407.A.7 as referred to in the Affidavit in this case. ORDER It is the Order of 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.2 Case 117-17 C & K of Safety Harbor LLC 2939 Chancery Ln. Fences &Walls — Brown No one was present to represent the Respondent. Inspector Shelby Brown said compliance had been met 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 Code Enforcement 2017-08-23 2 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 August 23, 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 on the testimony and evidence received, it is evident the condition(s) related to fences and walls existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-808, 3-808.A.1, 3- 808.A.2, 3-808.A.3, 3-808.A.4, & 3-808.A.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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.3 Case 118-17 Barbara Redding & Nathaniel Reed 1125 Jadewood Ave. Grass Parking, Landscape Cover— Brown No one was present to represent the Respondent. Member Kleban moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Shelby Brown provided a photograph presentation of the 2 violations at 1125 Jadewood Avenue for grass parking and landscape cover. Property photographs on August 11, 2017 showed Code Enforcement 2017-08-23 3 the deteriorated front yard and right-of-way lacked ground cover and had visible tire tracks. The property owner called today, stating she was elderly, had health issues, and was at the property on and off for the last 8 months. Other people lived in the house. In response to a question, Inspector Brown said Code Inspectors were aware of local organizations that helped residents with hardships. She had sent a flyer to the property owner; owners must request help and meet criteria. Inspector Brown recommended compliance by September 22, 2017 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before September 22, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 23, 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: grass parking and landscape cover. The Respondent(s)was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.B.1, 3- 1407.A.5, & 3-1502.H.2, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Residential Grass Parking - Only one vehicle may be parked on the grass and it must be parallel and adjacent to the driveway. Access to the designated space shall be by way of the driveway. The designated space must be maintained as a grass area or the owner shall fill it in with an approved permanent surface, subject to review by the Planning & Development Department and 2) Property Maintenance/ Landscaping Required: Any portion of the lot not covered by a building or structure or otherwise devoted to parking, a service drive or a walkway shall be landscaped with grass or other appropriate ground cover and shall be maintained in a neat and orderly manner to comply with said Section(s) of the Code by the deadline, September 22, 2017. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. Code Enforcement 2017-08-23 4 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.4 Case 119-17 Ricardo & Camila Arenas 820 Willowbranch Ave. Landscape Cover— Cantrell No one was present to represent the Respondent. Member Kleban moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Jason Cantrell provided a photograph presentation of the violation at 820 Willowbranch Avenue for landscape cover. Property photographs on August 21, 2017 showed mulch being spread over crushed shells in a flower bed (permitted) and bare, crushed shell groundcover with no landscaping near the mailbox (not permitted). He did not advise the tenant that crushed shell was permitted. The owner said the tenant would take care of the problem. Inspector Cantrell recommended compliance by September 6, 2017 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before September 10, 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 August 23, 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: landscape cover. The Respondent(s) was/were not present. Code Enforcement 2017-08-23 5 CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1204.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall have all landscaped areas covered with sod, low growing shrubs or approved ground cover, and by obtaining any necessary permits that may be required to comply with said Section(s) of the Code by the deadline, September 10, 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 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.5 Case 120-17— Continue to Oct. 25, 2017 Ciro A Romero 871 Casler Ave. Fences &Walls/Roof Maintenance— Hollifield Case 120-17 was continued automatically to October 25, 2017. 4.6 Case 121-17 East Shore International Enterprises LLC 409 East Shore Dr. Parking on an Unpaved Area — Devol Property owner Huijon Yang admitted to the violation. Code Enforcement 2017-08-23 6 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 Diane Devol provided a PowerPoint presentation. A notice of violation was issued on May 25, 2017, following first inspection. The violation at 409 East Shore Drive related to parking on unpaved area. On March 7, 2017, the property owner applied for a Temporary Parking Permit for Spring Break parking; permit expired April 30, 2017. Property photograph on May 26, 2017 showed parked vehicles. June 9, 2017 photograph showed people under an umbrella at front of property which was full of vehicles. Property photograph on June 13, 2017 showed "parking" sign. Property photographs on July 21, 2017 showed umbrella, chairs, "short-term parking" sign, and parked vehicles. July 25, 2017 photographs showed property full of vehicles, people under umbrella, and "short-term parking" and 110" signs. Property photograph on August 21, 2017 showed empty lot. Inspector Devol said the property owner said he was doing his best to comply. Sometimes lot was empty with access chained and other times chain was missing. Lot was posted with "No Parking" signs. She said compliance had been met and requested a declaration of violation. Mr. Yang said he canceled the lease with a third-party for Spring Break parking. He said he had contracted for every vehicle on his property to be towed. He said a Police case was active for people collecting money for illegal parking on his lot. He said the lot was chained and posted. Discussion ensued with recommendations for signage, for barricading vehicle access, and for the owner to randomly check his property. Code Compliance Manager Terry Teunis reviewed City no trespass procedures. 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 August 23, 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 on the testimony and evidence received, it is evident the condition(s) related to parking on an unpaved area 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) 3-1407.A.7 as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-08-23 7 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.7 Case 122-17 Michael & Megan Phillips 736 Eldorado Ave. Short Term Rental — Phillips Attorney Caitlean Jammon and her client, property owner Michael Phillips, were present. Attorney Jammon said the property owners admitted to the tardy BTR (Business Tax Receipt) but denied the violation for prior short-term rentals. Inspector Julie Phillips provided a PowerPoint presentation and read the residential use definition. Notice of violation was issued on May 26, 2017, following the first inspection. The violation at 736 Eldorado Avenue related to illegal short-term rental. Inspector Phillips presented prima facie evidence. Screenshots of HomeAway website: 1) May 25 & June 7, 2017— property offered for 7-night minimum rental with seasonal weekly/monthly rates, detailed rate quotes for short-term rentals, and interior/exterior photographs and 2) June 29, 2017— property offered for 30-day minimum rental with monthly rates. Property photographs on June 29 and August 11, 2017 showed house with postings. Inspector Phillips said compliance had been met and requested a declaration of violation. In response to questions from Attorney Jammon, Mr. Phillips said he purchased the property in July 2016, his family and he used it, and he rented it through VRBO (Vacation Rental by Owner), which owned HomeAway. Attorney Jammon distributed copies of 10 leases. Mr. Phillips said the signed, 1-month leases were Code compliant; some possession clauses required tenants to surrender occupancy before the end of the month. In response to Board questions, Mr. Phillips said he negotiated rates for possessions less than a month, rented property to only one party during each 1-month lease, was unaware of anyone staying at house outside possession clause dates, and used it with his family when it was empty. Code Enforcement 2017-08-23 8 Attorney Jammon distributed website advertisements presented by Inspector Phillips. Mr. Phillips said "monthly rental" was in both headlines He said VRBO required listing to show minimum stay, he did not want tenants for less than a week, and he checked 7-day minimum." He said if tenants signed 31-day leases, he allowed possession for less than 31 days. He said listing 7-day minimum stay for a 31-day lease did not violate Code. He said he never rented for less than 31 days; 2 parties never paid rent during one lease. He said most nearby houses were rentals. He said he would not be surprised if his tenants told a neighborhood group member they were staying less than 31 days. Concerns were expressed that Mr. Phillips knew he was renting short-term, he had sought a loophole in City Code, and he had advertised 7-night minimums for an advertising advantage and to mislead the public. It was stated rentals had to be advertised for month-long stays and tenants should pay the full cost of monthly leases. Attorney Jammon said the Code prohibited short-term rentals less than 30 days. She said the property was not advertised for short-term rentals. She said although lengths of stay differed, each lease's rental period complied with Code. She said tenant costs were based on intended lengths of stay. She said Mr. Phillips intended to comply with Code. She said this practice was not a loophole; Mr. Phillips never had multiple rentals during a month. She said the Code's intent was to stop people from coming and going at rental properties. Attorney Smith reviewed Code language and said Mr. Phillips was using sham contracts. Member Carothers moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 23, 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 on the testimony and evidence received, it is evident the condition(s) related to short-term rental existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent(s) and a representative of the Respondent(s) were present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113, 8-102, & 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. Code Enforcement 2017-08-23 9 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.8 Case 123-17 - Repeat Violation Louis A Doering III, Lynne A Title, Joan Lockard & Robert Edell Est. 1373 Pierce St. Exterior Surfaces - Phillips Property owner Louis Doering admitted to the repeat violation. Inspector Julie Phillips provided a PowerPoint presentation and read the repeat violation definition. On September 30, 2015, MCEB (Municipal Code Enforcement Board) found respondent in Case 73-15 to be in violation and ordered compliance for exterior surfaces at 1373 Pierce Street. On June 16, 2017, property owner gave Inspector Phillips permission to enter the backyard. June 16, 2017 property photographs showed outdoor storage/debris, missing soffit/fascia, holes in fascia, and rotting wood on exterior surfaces. Notice of repeat violation for exterior surfaces was issued on July 29, 2017. On July 31, 2017, Inspector Phillips spoke with the property owner re necessary repairs. The property owner said it was a hardship case. Property photographs on July 31, 2017 showed the debris was removed; the property owner was trying to replace a large amount of exposed wood and had removed significant mildew. Property photographs on August 17, 2017 showed the property owner had worked aggressively on exterior surfaces but the rear had missing siding, soffit, and exposed wood and the front had declining paint, missing shingles and exposed wood. Mr. Doering said the house had belonged to his aunt; all other owners were deceased. He said he was meeting with a counselor re his health challenges and working hard to get the house in shape. He said he was 71 and had other health issues. He said the previous violation was like a blur, difficult for him to remember. He said he removed 4 trailer loads of outside storage. He said the previous occupant was suppose to fix the house but left a mess. He said he lived elsewhere but planned to move in after repairs were completed and rent out part of the house. Inspector Phillips recommended a fine of$50 per day be imposed for the dates the property was in violation of Code re exterior surfaces i.e. June 16 to August 17, 2017 (67 days) for a total fine of $3,350. The City wanted compliance. She last visited the property on August 17, 2017. Charity organizations required residents with hardships to live on the property needing repair. She said every time she went to the property, the owner was working alone, making repairs. Code Enforcement 2017-08-23 10 Discussion ensued with comments the owner should not allow trash to pile up again, he had been cooperative and was investing time and money in the property, the proposed fine would negatively impact the property owner, and money should go toward improving the property. 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 has committed a repeat violation. The motion was duly seconded and carried unanimously. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order that a fine of$10 per day be imposed for the 67 days the violation existed for a total of$670, payable within 60 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 23, 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 exterior surfaces 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) 3-1502.113 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on September 30, 2015, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$670.00 ($10.00 daily fine) for the time period from June 16 to August 17, 2017 (67 days), when the repeat violation(s) occurred, payable by October 22, 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. Code Enforcement 2017-08-23 11 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 124-17— Repeat Violation 1429 Laura Street LLC 1330 Parkwood St. Exterior Storage— Knight No one was present to represent the Respondent. Inspector Daniel Knight said tenant was present but had to leave. The tenant told him the property owners did a good job, he was responsible for the violation, and apologized. Inspector Knight provided a PowerPoint presentation and read the repeat violation definition. On March 25, 2015, MCEB found the respondent in Case 20-15 to be in violation and ordered compliance for exterior storage at 1330 Parkwood Street. Notice of repeat violation for exterior storage was issued on February 10, 2016; MCEB found respondent had committed a repeat violation for 1 day and ordered a fine of$500 on March 25, 2016. Following a complaint, Mr. Teunis and Inspector Fletcher inspected 1330 Parkwood Street from abutting property on July 11, 2017 and issued a notice of repeat violation for exterior storage. July 11, 2017 photographs of the rental property showed a large number of washing machines and dryers, tarps, and other items in the backyard. The tenant said he had stored the appliances elsewhere but had to return them to the backyard when that agreement ended. Property photographs on July 11 and 20, 2017 showed no appliances but car parts, pails of junk, debris, tarps, carpeting, etc. in the yard. On July 20, 2017, Inspector Knight told the tenant the property was out of compliance. Property photograph on August 14, 2017 showed a truck in the driveway with 2 appliances in its bed. Property photographs on August 16, 2016 showed outdoor storage was removed. Inspector Knight recommended a fine of$500 per day be imposed for dates the property was in violation of Code re exterior storage i.e. July 11 —20, 2017 (10 days) for total fine of$5,000. 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 has committed a repeat violation. The motion was duly seconded and carried unanimously. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order that a fine of$500 per day be imposed for the 10 days the violation existed for a total of$5,000, payable within 30 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 23, 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: Code Enforcement 2017-08-23 12 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that exterior storage was/were in violation of the City of Clearwater Code. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 3-1502.G.1, 3-1502.G.2, & 3-913 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on March 25, 2015 AND March 24, 2016, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$5,000.00 ($500.00 daily fine)for the time period from July 11 to July 20, 2017 (10 days), when the repeat violation(s) occurred, payable by September 22, 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.10 Case 125-17— Repeat Violation Sealty LLC 1401 Gulf-to-Bay Boulevard Attached Signs— Knight No one was present to represent the Respondent. Inspector Daniel Knight provided a PowerPoint presentation and read the repeat violation definition. On November 18, 2015, MCEB found respondent in Case 94-15 to be in violation and ordered compliance for attached signage at 1403 Gulf-to-Bay Boulevard. On June 16, 2017, an inspector observed unpermitted attached signage at 1401 Gulf-to-Bay Boulevard. Staff determined Sealty Code Enforcement 2017-08-23 13 LLC owned properties at 1401 and 1403 Gulf-to-Bay Boulevard, making the violation at 1401 Gulf- to-Bay Boulevard a repeat. Notice of repeat violation was issued on July 5, 2017. Property photographs on June 16, July 20 and August 17, 2017 showed unpermitted attached signage "Conch Czar" on building's front and rear. Several times, the tenant told Inspector Knight he would get a permit. Screen shot of City's sign program showed no sign permit application for 1401 Gulf-to- Bay Boulevard was filed by August 17, 2017. 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 has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Knight recommended a fine of$500 per day be imposed for June16—August 17, 2017 (62 days) when property violated Code re attached signs for total fine of$31,000. Discussion ensued with comments the recommended fine was too high and the property previously was an eyesore. Concern was expressed the property owner had done nothing to comply. Attorney for the Board Andy Salzman said the board had discretion to determine an appropriate fine. Attorney Smith submitted composite exhibits. Member Kleban moved to enter an order that a fine of$10 per day be imposed for the 62 days the violation existed for a total of$620, payable within 30 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded. Members Carothers, Strickland, Nycz, Engel, Kleban, and Chair Riordon voted "Aye"; Member Prast voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on August 23, 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 attached signs was/were in violation of the City of Clearwater Code. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 3-1807.113.3.a, & 4-1002 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on November 18, 2015 for property owned by the same property owner at 1403 Gulf-to- Bay Boulevard, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$620.00 ($10.00 daily fine) for the time period from June 16 to August 17, 2017 (62 days), when the repeat violation(s) occurred, payable by September 22, 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. Code Enforcement 2017-08-23 14 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.11 Case 126-17— Repeat Violation Sealty LLC 1403 Gulf-to-Bay Boulevard Attached Signage/Exterior Surfaces— Knight No one was present to represent the Respondent. Inspector Daniel Knight provided a PowerPoint presentation. Repeat violations were for attached signage without permits and exterior surfaces. He read repeat violation definition. On November 18, 2015, MCEB found respondent in Case 94-15 to be in violation and ordered compliance for exterior surfaces and unpermitted attached signage at 1403 Gulf-to-Bay Boulevard. On June 16, 2017, an inspector observed unpermitted attached signage and exterior surface violations at 1403 Gulf-to- Bay Boulevard. Notice of repeat violations was issued on July 6, 2017. Property photographs on June 16, 2017 showed unpermitted attached signage "Furniture Repair and Refurnishing," cracking exterior surfaces with mismatched paint, and discolored fascia painted 2 colors. Property ownership had not changed since 2015. After speaking with Inspector Knight on July 11, 2017, the business owner applied for a sign permit, however the property owner would not sign off on the application. The City approved the sign but could not issue a permit without the property owner's signature. Property photographs on July 17 and August 17, 2017 showed no corrections 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 and has committed repeat violations. The motion was duly seconded and carried unanimously. Inspector Knight recommended a fine of$500 per day per violation be imposed for dates the property was in violation of Code re attached signage and exterior surfaces i.e. June 16 to August 17, 2017 (62 days) for total fine of$62,000. Attorney Smith submitted composite exhibits. Code Enforcement 2017-08-23 15 Member Carothers moved to enter an order that a fine of$50 per day per violation be imposed for the 62 days the violations existed for a total of$6,200, payable within 30 days. 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 August 23, 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 attached signs and exterior surfaces were in violation of the City of Clearwater Code. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 3-1807.113.3.a, 4-1002, & 3-1502.113 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on November 18, 2015, and therefore, committed repeat violations. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$6,200.00 ($50 daily fine per violation) for the time period from June 16 to August 17, 2017 (62 days), when the repeat violation(s) occurred, payable by September 22, 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 4.12 Case 127-17— Repeat Violation Antonio Pinarreta 910 Lantana Ave. Short Term Rental - Phillips Code Enforcement 2017-08-23 16 No one was present to represent the Respondent. Inspector Julie Phillips provided a PowerPoint presentation and reviewed Code definitions for Residential Use and Repeat Violation. On March 25, 2015, MCEB found respondent in Case 25-15 to be in violation and ordered compliance for illegal short-term rental at 910 Lantana Avenue. Notice of repeat violation for illegal short-term rental was issued on August 1, 2017, following inspection. Inspector Phillips presented prima facie evidence. Screenshots of TripAdvisor website: 1) August 1, 2017-detailed rate quote for short-term rental. Screenshots of FlipKey website: 2)August 2, 3, 4, 7, & 10 2017- property offered 1-week minimum rental with nightly/weekly rates; 3) August 2, 3, & 4, 2017-detailed rate quotes for short-term rentals; 4)August 3, 2017 - calendar overlap showing availability for short-term rentals; 5) August 4, 2017 - photograph of property owner; 6) August 2, 3, 4, 7, 10, 13, & 14, 2017 - reviews of previous short-term rentals; and 7) August 13 & 14 2017- property offered for 1-month minimum rental with nightly/weekly rates. Property photographs on August 2 and 11, 2017 showed front of house and postings. Property photographs on August 14, 2017 showed front of house and vehicle with Virginia plates in driveway. Property photographs on August 16, 2017 showed driveway with 4 vehicles from Virginia. At Inspector Phillips' August 16, 2017 request, Beach Code Inspector Diane Devol knocked on property's front door re parking complaint and during conversation, a woman said they were leaving Friday, August 18, 2017. Departure date matched August 3, 2017 website calendar screenshot. 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 has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Phillips recommended fine of$500 per day be imposed for August 1 - 14, 2017 (14 days) when property violated Code re illegal short-term rental for total fine of$7,000. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order that a fine of$500 per day be imposed for the 14 days the violation existed for a total of$7,000, payable within 30 days. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on August 23, 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 short term rental was/were in violation of the City of Clearwater Code. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 1-104B & 3-919 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on March 25, 2015, and therefore, committed a repeat violation. Code Enforcement 2017-08-23 17 ORDER It is the Order of this Board that the Respondent(s) pay a fine of$7,000.00 ($500.00 daily fine)for the time period from August 1 to August 14, 2017 (14 days), when the repeat violation(s) occurred, payable by September 22, 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 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 36-12 Affidavit of Compliance Willie B. Holmes 505 N Garden Avenue Door &Window Openings— Devol 5.2 Case 101-16 Affidavit of Compliance Rafe K Banks 1465 Joel Ln. Ext. Surfaces - Knight 5.3 Case 77-17 Affidavit of Compliance Gary Stevens Sunday 1008 Oakview Ave. Residential Rental BTR - Harris 5.4 Case 98-17 Affidavit of Non-Compliance Carol G. Neal 1231 Aloha Ln. Res. Grass Parking/Inoperative Vehicle—Stewart Code Enforcement 2017-08-23 18 5.5 Case 106-17 Affidavit of Non-Compliance Alden Land Trust 25008 US Highway 19 Development Code Violation (Electronic Gambling) — Brown Member Carothers moved to accept the Affidavits of Compliance for Cases 36-12, 101-16, and 77- 17 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 98-17 and 106-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 101-16 Request for Lien Reduction Rafe K Banks 1465 Joel Ln. Ext. Surfaces— Knight Property owner Rafe Banks said the property was under contract to be sold and requested a lien reduction. Inspector Daniel Knight said the City supported a reduction of lien to administration costs. Secretary to the Board Nicole Sprague said the current lien was $1,800. Administration costs were $1,301.20. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order reducing the fine for Case 101-16 to administration costs of$1,301.20 payable within 60 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. 6.2 Case 52-17 Request for Lien Reduction Marc A Gill 2012 Sandra Dr. Short Term Rental/Res. Rental BTR— Phillips Ms. Sprague said the current lien was $4,500. Inspector Julie Phillips said it took the property owner a long time to comply and it was up to the Board to decide if the lien should be reduced. Property owner Marc Gill said he was married around the time MCEB found his property in violation. He said he and his wife had researched renting his house through Airbnb and had done their best to comply with Code by changing the minimum rental to 31 days and cancelling future guests at their own expense. He said he did not know until May 18, 2017 that he had not stamped the envelope he mailed with his BTR payment. He also did not know the Airbnb website listed a 7% discount for weekly rentals. He said the house was under contract for sale. He said they had been wrong and requested a lien reduction. Attorney Salzman said Administration costs were $1,453.20. Inspector Julie Phillips provided a PowerPoint presentation and reviewed the Code definition of "Residential Use." Notice of violation was issued on February 14, 2017, following first inspection. The 2 violations at 2012 Sandra Drive related to illegal short-term rental and residential rental BTR. Code Enforcement 2017-08-23 19 Inspector Phillips presented prima facie evidence. Screenshots of Airbnb website: 1) February 13, 2017—exterior photograph, property offered for 4-night minimum rental, detailed rate quote for short-term rental and 2) February 26, 2017 - exterior photograph, reviews of previous short-term rentals, nightly rate, 7% discount offer for weekly rental. A March 3, 2017 photograph showed a portion of the property owner's letter to a neighbor re complaint about short-term renter noise. Mr. Gill came to City offices on April 5, 2017, wanting to know how to comply. He said he would consider writing a check for overdue BTR and changing Airbnb advertisement. After Inspector Christin Harris emailed him a BTR application, an email conversation ensued re its completion. Screenshots of Airbnb website: 1)April 5, 2017 - exterior photograph, property offered for 4-night minimum rental with nightly rate, 7% discount offer for weekly rental, detailed rate quote for short- term rental, reviews of previous short-term rentals, including 5 in February and 2)April 25, 2017 - exterior photograph, property offered for 4-night minimum rental, 7% discount offer for weekly rental, reviews of previous short-term rentals. Inspector Phillips said websites accepted requests for shorter rentals when properties advertised 30-day minimums but not if 31-day minimums were advertised. Owners chose the websites they used. Rather than updating the website upon receipt of the February 14, 2017 Notice of Violation, the property owner generated revenue through April. On April 26, 2017, MCEB found the respondent to be in violation and ordered compliance for the 2 violations by May 8, 2017. Mr. Gill obtained the BTR and corrected the website on May 18, 2017. Mr. Gill said he had sent the letter to a neighbor who was a problem for 15 years. He said if the City had explained how to update the website in the beginning, it would not have been a problem. He said it was a misunderstanding. He said he put his house up for sale. Discussion ensued with comments that staff could not tutor residents on private website use, property owners were responsible for their property, and Mr. Gill had not done a good job researching rental property requirements and chose to offer his property for short-term rental. Attorney Smith said the Board's policy was to not reduce liens for property owners. He recommended a stipulation agreement be drawn. The property's closing date was before next month's meeting. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order reducing the fine for Case 52-17 to administration costs of$1,453.20 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. 6.3 Case 106-16 Request for Stipulation Agreement Deborah B. Phillips Est. 1823 Barbara Ln. Ext. Storage/Door &Window Openings/Aband. Bldg. - Knight Chris Phillips said the property had belonged to his ex-wife who passed away. He said the sinkhole had not been fixed. He said after probate, he wanted to purchase the property from his ex-wife's widower who had abandoned it. Attorney Smith said the Stipulation Agreement required Mr. Phillips to obtain title and bring the property into compliance by March 28, 2018, when administration costs would be due. The date Code Enforcement 2017-08-23 20 could be revisited if Mr. Phillips needed additional time. Attorney Smith submitted composite exhibits. Member Prast moved to approve the Stipulation Agreement for Case 106 -16. The motion was duly seconded and carried unanimously. 6.4 Case 61 -16 Request to Stop Lien Accrual Michelle Lamontagne 1766 Murray Ave. Exterior Surfaces /Roof Maintenance — Fletcher Mr. Teunis said the City requested stopping the lien accrual. The lien was almost $59,000. Attorney Smith submitted composite exhibits. Member Kleban moved to grant the City's request to stop the lien accrual for Case 61 -16. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request to stop further accrual of a lien at a hearing held on August 23, 2017, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request to stop the further accrual of a lien, it is evident that stopping the lien from accruing further is appropriate and in the best interest of the Petitioner and the Respondent in the above - referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated February 22, 2017, as recorded in O.R. Book 19538, Pages 1690 — 1694 of the public records of Pinellas County, Florida, is hereby stopped from accruing further. DONE AND ORDERED this 23rd day of August 2017, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: None. 8. ADJOURN The meeting adjourned at 4:15 p.m. Attest: Ch _ ir, Muni pal Code Enforcement Board Secretary to the B • and Code Enforcement 2017 -08 -23 21