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09/27/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 27, 2017 Present: Chair Michael J. Riordon, Vice Chair Wayne Carothers, Board Member James E. Strickland, Board Member Robert Prast—departed 3:41 p.m., Board Member Daniel Engel, Board Member Jack Kleban Absent: Board Member Joseph A. Nycz 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 August 23, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the August 23, 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 128-17 Silas Keiper 1316 Young Avenue Exterior Storage— Harris No one was present to represent the Respondent. Member Kleban moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Christin Harris recommended compliance by October 12, 2017 or a fine of$150 per day be imposed. She presented photographs of the exterior storage violation at 1316 Young Avenue. June 5, July 14, and August 29, 2017 photographs showed spare tires, appliances, household items, mattresses and other items in the front yard and car port. September 26, 2017 Code Enforcement 2017-09-27 1 photographs showed more items that should not be stored outside had been added to the front yard and carport. Assistant City Attorney Matt Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before October 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 September 27, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: exterior storage. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.2, 3- 1502.G.3 & 3-1503.113.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove any items currently stored outdoors that are not intended for outdoor use including carport area, tires, mattresses, household furniture, storage containers, etc. to comply with said Section(s) of the Code by the deadline, October 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 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 Code Enforcement 2017-09-27 2 review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.2 Case 129-17 Lincoln Ave Land Co 1283 S Lincoln Avenue Exterior Surfaces — Harris Property owner Robert Noell admitted to the violation. Member Prast moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Christin Harris said the property owner had made great progress but work was not complete. She recommended compliance by October 18, 2017 or a fine of$150 per day be imposed. She presented photographs of the exterior surfaces violation at 1283 S Lincoln Avenue. August 29, 2017 photographs showed the siding and stonework needed attention. A September 26, 2017 photograph showed work was almost complete; the side of the building had peeling paint. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before October 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 September 27, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: exterior surfaces. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair exterior surfaces including but not limited to peeling and failing paint, mold, loose or missing material and repair or replace trim and siding elements in a workmanlike manner to match as closely as possible to original Code Enforcement 2017-09-27 3 materials and construction of the building to comply with said Section(s) of the Code by the deadline, October 31, 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 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.3 Case 130-17 Trust No. 705 705 Oak Avenue Residential Rental BTR— Harris 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 Christin Harris recommended compliance by October 6, 2017 or a fine of$150 per day be imposed for the residential rental Business Tax Receipt violation at 705 Oak Avenue. She had no contact with the property owner. A September 16, 2017 photograph showed the rental house. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before October 6, 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. Code Enforcement 2017-09-27 4 This case came before the City of Clearwater Municipal Code Enforcement Board on September 27, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: Residential Rental Business Tax Receipt. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-2302, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall submit an application for a local residential rental business tax receipt along with $31.50 to comply with said Section(s) of the Code by the deadline, October 6, 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 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-09-27 5 4.4 Case 131-17 S F R 2012-1 Florida LLC 1447 Jasmine Way Exterior Surfaces — Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met and requested a declaration of violation. She presented before and after photographs of exterior surfaces at 1447 Jasmine Way. 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 September 27, 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 exterior surfaces 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) 3-1502.113 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. Code Enforcement 2017-09-27 6 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.5 Case 132-17 YHHLLC 3100 Gulf-to-Bay Boulevard Exterior Surfaces/Abandoned Bldg. — Cantrell Property owner Scott Bitman denied the violations. Inspector Jason Cantrell provided a PowerPoint presentation and reviewed the Code definition of an abandoned building. Notices of violation were issued on May 9 and June 6, 2017, following the first inspection. The 2 violations at 3100 Gulf-to-Bay Boulevard related to exterior surfaces and abandoned building. April 27 and June 5, 2017 property photographs showed exterior surfaces with failing paint, unpainted skin coat, dirt and mold, and collapsing soffit. A City utility screenshot showed the property did not have water service. His one conversation with the property owner ended with Mr. Bittman's use of foul language. Mr. Bitman said he knew he needed to clean and paint the building but he could not obtain a BTR (Business Tax Receipt); many people had tried. He said he would like to open his business tomorrow but outdoor display was not allowed. He said he had tried to be flexible. Planning & Development Director Michael Delk said the property had lost its nonconforming status. The property owner needed to go through the development approval process to reestablish a use that met Code. Staff had suggested business opportunities for the site; the site's configuration did not meet modern land use regulations and upgrades were required. Member Carothers moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Cantrell recommended compliance by October 27, 2017 or a fine of$250 per day per violation be imposed. It was stated that the abandoned property needed to be mitigated to meet Code criteria and satisfy the Code Inspector. Concern was expressed that approval of a new use was a long process. Code Compliance Manager Terry Teunis said he had dealt with the property owner for 7 years, Mr. Bitman understood which uses were legal and had significant opportunity to open an acceptable business. The City would work with Mr. Bitman if he presented a permitted usage and made a decent attempt to rectify the abandoned building violation. The property was held in trust with at least one other party. Mr. Bitman previously operated an unapproved, illegal motorcycle business on the site. Code Enforcement 2017-09-27 7 Mr. Bitman said he was willing to repair the building but needed a realistic use for the property. He said he had fought with the City for a long time over its use. He apologized for his bad language and requested additional time to comply. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before November 26, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on September 27, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior surfaces and abandoned building. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3- 1503.B.6, 3-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.3 , & 3-1503.113.9, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Abandoned Building — remove all evidence of desertion by obtaining any necessary building permits or certificates of occupancy/ Business Tax Receipt and having active utilities and 2) Exterior Surfaces— repair or replace broken and/or missing soffit/fascia, remove loose or peeling paint, and refinish exterior to have a uniform appearance to comply with said Section(s) of the Code by the deadline, November 26, 2017. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. 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. Code Enforcement 2017-09-27 8 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.6 Case 133-17 Yan Fan Dong & Kengdi Wu 5 S Corona Avenue Grass Parking/Inoperative Vehicle— Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell said compliance had been met and requested a declaration of violation Attorney Smith submitted composite exhibits. Member Kleban moved to find the Respondents were 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 Respondents. If the Respondents repeat 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 September 27, 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 and inoperative vehicle 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, & 3-1503.113.6 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 2017-09-27 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.7 Case 134-17 Alden Land Trust 25000 US Highway 19 N Signage w/o Permits/Sign Maintenance— Knight Property owner Alysa Kenourgio admitted to the violations. Member Kleban moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance for the 2 violations for signage without permits and sign maintenance at 25000 US Highway 19 N by November 11, 2017 or a fine of$150 per day per violation be imposed. Permit applications had been submitted. September 26, 2017 property photographs showed unpermitted signs on the building and the freestanding sign needed repair. Ms. Kenourgio said the Bollywood sign would be removed. Attorney Smith submitted composite exhibits. Member Kleban moved to enter an order requiring the Respondent to correct the violations on or before November 11, 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 September 27, 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: signage without permits and sign maintenance. The Respondent(s) was/were present. Code Enforcement 2017-09-27 10 CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.1, 3- 1807.113.1a, &4-1002, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Unpermitted Attached Signage — remove all unpermitted attached signage or obtain permits for unpermitted attached signage and 2) Sign Maintenance - repair and/or replace the freestanding sign so that the signs and frame are in a good condition free of any damage, fading and/or peeling paint and/or elements to comply with said Section(s) of the Code by the deadline, November 11, 2017. The fine is $150 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.8 Case 135-17 Bay Area Infectious Disease Center 1407 Gulf-to-Bay Boulevard Parking Lot Surfaces — Knight No one was present to represent the Respondent. Inspector Daniel Knight said the property owner had left the meeting. He needed to verify the property owner's claim that parking lot surfaces at 1407 Gulf-to-Bay Boulevard had been repaired. Code Enforcement 2017-09-27 11 Member Prast moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance by October 27, 2017 or a fine of$150 per day be imposed. Property photographs on June 16, July 6, and September 22, 2017 showed the parking lot had damaged, cracked, and heaved areas. The property did not have an operating business. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before October 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 September 27, 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: parking lot surfaces. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.A & 3- 1502.K.4, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair and/or replace all damaged, cracked and heaved areas of the driveway/parking lot surfaces with an all weather permanent material graded to drain stormwater to comply with said Section(s) of the Code by the deadline, October 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 Code Enforcement 2017-09-27 12 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 136-17 Eduart& Elena Papadhami 1316 Pierce Street Exterior Surfaces/Fences — Knight Property owners Eduart and Elena Papadhami admitted to the violations. Inspector Daniel Knight said compliance had been met re fences and requested a declaration of violation. Member Prast moved to find the Respondents were in violation of the City of Clearwater Code as referred to in the affidavit in this case regarding the fences, that violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondents for the fences. If the Respondents repeat 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. Member Kleban moved to find the Respondents in violation of the City of Clearwater Code as referred to in the affidavit in this case for exterior surfaces. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance for exterior surfaces by October 27, 2017 or a fine of$150 per day be imposed. He presented photographs of the violation at 1316 Pierce Street, stating the property owners had worked on the exterior surfaces. August 15, 2017 photographs showed most discoloration had been removed from the awnings and rusted steps needed painting. Mr. Teunis said the property owners needed to go to the Planning & Development Office and verify that the 2nd floor balcony banister was high enough to meet Code. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondents to correct the violation for exterior surfaces on or before November 26, 2017. If the Respondents do 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. Code Enforcement 2017-09-27 13 This case came before the City of Clearwater Municipal Code Enforcement Board on September 27, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: exterior surfaces. It also is evident conditions related to fence maintenance existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-808.A.1, 3- 808.A.3 & 3-808.A.5 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair and/or replace all damaged/ deteriorated/missing wood, peeling paint and rusted elements of the building and steps and paint where needed to comply with said Section(s) of the Code by the deadline, November 26, 2017. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. It is the Order of this Board that no fine will be imposed against the Respondent(s) for the conditions related to fence maintenance. 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 Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Code Enforcement 2017-09-27 14 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.10 Case 137-17 Stanley &Anne Tsai 101 Waverly Way Parking Lot Surfaces/Exterior Surfaces/Door &Window— Brown Property owner Anne Tsai and her son Ray Tsai admitted to the violations, stating some repairs had been made. Inspector Shelby Brown said compliance had been met re parking lot surfaces and requested a declaration of violation 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 regarding parking lot surfaces, this violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent for this violation. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Member Carothers moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case for exterior surfaces and doors and windows. The motion was duly seconded and carried unanimously. Inspector Brown provided a PowerPoint presentation. A notice of violation was issued on July 10, 2017, following the first inspection. The 2 remaining violations at 101 Waverly Way related to exterior surfaces, and doors and windows. Property photographs on June 16, 2017 showed the front lawn of the 4-plex had bare dirt due to grass parking, screen doors covered with corrugated plastic instead of screens, ripped screens, failing paint on the stairs, and 2nd floor screened lanais enclosed with plastic instead of screens. August 14, 2017 photographs showed damaged soffit, the recently painted stairs already were discolored, and no change to plastic covering doors and lanais. September 26, 2017 photographs showed discolored paint and paint drips on the stairs, peeling paint on fascia and second floor eaves, holes in the soffit, dirty doors and no change to plastic covering doors and lanais. She recommended compliance by October 27, 2017 or$150 per day per violation. She said she had not heard from the property owner before today. Mr. Tsai said they knew what needed to be done. He said repairs to the parking lot were expensive and his mother was retired. He said all units were rented. He requested 2 months to make repairs. Attorney Smith submitted composite exhibits. Code Enforcement 2017-09-27 15 Member Carothers moved to enter an order requiring the Respondent to correct the violations re exterior surfaces and doors and windows on or before December 27, 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 September 27, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: exterior surfaces, and doors & windows. It also is evident conditions related to parking lot surfaces existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.C.1, 3- 1502C.3, 3-1502.113 as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1403.A, 3- 1502.K.4, 3-1404.113 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Doors/Windows/Screens— maintain all doors, windows and screens in an unbroken and clean state. Materials used for doors and windows must be those designed for door and window use. No window shall be permanently removed and enclosed, covered or boarded up, including exterior patios where temporary materials cover openings that should have screening. Maintain all screens visible from the public right-of-way in a good, attractive condition and promptly replace, repair or remove torn or loose screens and 2) Property Maintenance/Exterior Surfaces — repair and/or replace in a workmanlike manner all damaged/deteriorated structural & decorative elements (trims, soffits, fascia, etc.), remove all mildew, peeling paint, and other loose materials and repaint all affected areas to match existing or adjacent surfaces. Building walls shall be maintained in a secure and attractive manner to comply with said Section(s) of the Code by the deadline, December 27, 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 conditions related to parking lot surfaces. If the Respondent(s) repeats/repeat these violations within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. Code Enforcement 2017-09-27 16 Upon complying with said Section of the Code, the Respondent(s) shall notify Inspector Shelby Brown, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.11 Case 138-17— Continue to October 25, 2017 Brkljacic, George P Living Trust 206 S Betty Lane Parking Lot Surfaces — Brown Case 138-17 was continued automatically to October 25, 2017. 4.12 Case 139-17 Torin D McCray 1326 Fairmont St. Lot Clearing/Inoperative Vehicle/Exterior Storage— Fletcher Property owner Torin McCray denied the violations. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on July 11, 2017, following the first inspection. The 3 violations at 1326 Fairmont Street related to lot clearing, inoperative vehicle, and exterior storage. Property photographs on July 11, 2017 showed a gas canister, debris, and inoperative truck with expired tag, missing tire, and truck bed filled with bags of cans in the partially screened carport, the driveway littered with crushed beer cans, crates of beer cans on the porch, debris, trash, plastic containers, and assorted items not intended for outdoor use in front of the house. July 24, 2017 photographs showed beer cans had been removed from the driveway but other violations were unchanged. July 25 and 27, 2017 photographs showed no change. August 3, 2017 photographs showed additional debris in front of the house; Mr. McCray told Inspector Fletcher the debris was for mulch. August 31, 2017 photographs showed the inoperable truck Code Enforcement 2017-09-27 17 visible through additional screening on the carport and debris, trash, plastic containers, etc. in front of and next to the house. September 18 and 25, 2017 photographs showed some debris had been removed. In his July 21, 2017 letter, Mr. McCray claimed the inoperable truck complied with Code because it was not stored outdoors. Member Kleban moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Fletcher recommended compliance by October 3, 2017 or a fine of$150 per day per violation be imposed. The only change to the property today was removal of the cans. She could not see the backyard from the street. Mr. McCray requested 60 days to comply. It was recommended that the Board require removal of the truck within 15 days. Concern was expressed that empty cans attracted vermin. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation re the inoperable truck on or before October 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. Member Strickland moved to enter an order requiring the Respondent to correct the violations re lot clearing and exterior storage on or before November 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 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 September 27, 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: lot clearing, inoperative vehicle, and exterior 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.2, 3- 1503.B.6 & 3-1503.113.7, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Inoperable Vehicle— bring vehicle on property into compliance. All vehicles must be operable with inflated tires, current tag, and registration or must be removed from the property; 2) Lot Clearing & Debris — remove all debris from property and maintain property on regular basis; and 3) Exterior Storage— remove all tires, car parts, appliances, interior furnishings, construction materials, debris and any items not Code Enforcement 2017-09-27 18 intended for outdoor use to comply with said Section(s) of the Code by the deadline, October 12, 2017 for the inoperable vehicle and the deadline November 27, 2017 for lot clearing & debris and exterior storage. The fine is $150.00 per day per violation for each and every day each violation continues past the dates 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.13 Case 140-17— Repeat Violation — Continue to October 25, 2017 Christopher& Nicole Dufala 3439 Northridge Drive Short Term Rental — Phillips Case 140-17 was continued automatically to October 25, 2017. 4.14 Case 141-17 Calvin Lee Ladd 1246 Idlewild Drive Hauling Trailer/Exterior Surfaces/Exterior Storage— Stewart No one was present to represent the Respondent. Member Carothers moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector AIIie Stewart provided a PowerPoint presentation. A notice of violation was issued on June 21, 2017, following the first inspection. The 3 violations at 1246 Idlewild Drive related to a hauling trailer, exterior surfaces, and exterior storage. After these violations were scheduled for Code Enforcement 2017-09-27 19 a Board hearing in April, the property owner transferred ownership to his son, Calvin Ladd, requiring the code enforcement process to begin anew. Property photographs on April 19, May 9, June 12, July 13, September 15, and September 25, 2017 showed exterior surfaces with mildew, mold, and deteriorating paint, hauling trailers in front of the house, a van on the grass, a large sheet of glass and large scale accumulation in the front and side yards of outdoor storage, including book shelves exercise equipment, construction materials, indoor furniture, appliances, tubs, plastic covers, wood, pallets, boards, fencing, construction debris, glass, tires, lamps, shelving, paint, a ladder, doors, filled plastic bags, piles of debris, a boat, etc. Terry Voras, a neighbor, expressed concern the property owner was a hoarder who stored a wide range of items, including furniture, appliances, etc. in his front yard. She said the items detracted significantly from the attractiveness and livability of her neighborhood. She said the property owner and his girlfriend continued to bring additional items to the subject property. Inspector Stewart said the property owner's father had a dumpster unloaded on the driveway for the son to fill with the outdoor storage. The son was not running a business. None of the items had been left curbside for City pickup. The volume of exterior storage had not decreased. Inspector Stewart recommended compliance by October 25, 2017 or a fine of$150 per day per violation be imposed. It was recommended the daily fine be increased to $250 per day to discourage the property owner from adding more outdoor storage. In response to a suggestion, Mr. Teunis said the City helped residents who needed help. The property owner could not decide which items to throw away. Staff would meet with him. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before October 25, 2017. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on September 27, 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: hauling trailer, exterior surfaces, and exterior storage. The Respondent(s) was/were not present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1407.A.2.c, 3- 1407.A.3.c, 3-1502.113, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, & 3-1503.113.6, as referred to in the Affidavit in this case. Code Enforcement 2017-09-27 20 ORDER It is the Order of the Board that the Respondent(s) shall 1) Exterior Surfaces— repair rotted wood or missing stucco, pressure wash exterior surfaces to remove all dirt, peeling paint and debris, and paint the property so that it has a neat and clean appearance; 2) Outdoor Storage — remove all items that cannot be stored outdoors from the front, side and backyard including but not limited to interior furniture, appliances, metal, wood, lumber, pallets, boards, fencing, construction debris, glass, tires, lamps, shelving and paint; and 3) Hauling Trailer— keep hauling trailer(s) behind the 6-foot privacy fence and not in the front yard or parked in the street to comply with said Section(s) of the Code by the deadline, October 25, 2017. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 4.15 Case 142-17— Repeat Violation Luman & Tiffany Highsmith 309 N Hercules Avenue Grass Parking/Lot Clearing/Exterior Storage - Hollifield Property owners Luman and Tiffany Highsmith admitted to the repeat violations. Inspector Sherry Hollifield provided a PowerPoint presentation and reviewed the Code definition of a repeat violation. On August 24, 2016, the Board found the respondent in Case 142-17 to be in violation and ordered compliance for grass parking and exterior storage at 309 N Hercules Avenue. A notice of repeat violation was issued on August 25, 2017. The 2 repeat violations were for grass parking and exterior storage. Property photographs on August 21, 2017 showed Code Enforcement 2017-09-27 21 filled trash bags, a large smoker, water heater, trash can, cooler, lawn tools, traffic cone, and multiple items not intended for exterior storage in the driveway, a loaded hauling trailer on the grass next to the driveway, and a car in the right-of-way. August 25, 2017 photographs showed a dolly, trash can, cooler, traffic cone, plastic container, buckets, and items not intended for exterior storage in the driveway and a hauling trailer loaded with a smoker on the grass. Mrs. Highsmith said she and her husband had removed everything and were embarrassed to appear before the Board again. She said they had worked on not parking on the grass but over the months fell short. She apologized for being lazy about removing items from the driveway and requested another opportunity to stay in compliance. Mr. Highsmith said the filled hauling trailer was on its way to the dump and parked on the property for less than 24 hours. Inspector Hollifield recommended a fine of$150 per day per violation or $300 per day for 5 days, August 21 —25, 2017 for a total fine of$1,500. The property was in compliance. It was commented that the fine seemed high. The Highsmiths were complimented for their honesty. Attorney Smith submitted composite exhibits. Member Prast moved to find the Respondents were in violation of the City of Clearwater Code as referred to in the affidavit in this case and committed repeat violations. The motion was duly seconded and carried unanimously. Member Carothers moved to enter an order that a fine of$25 per day per violation be imposed for the 5 days the violations existed for a total fine of$250 payable within 60 days. If the Respondents repeat the violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The motion was duly seconded. Members Carothers, Strickland, Kleban, Prast, and Chair Riordon voted "Aye"; Member Engel voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on September 27, 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 grass parking/residential parking and exterior storage/outdoor storage nuisance 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) 3-1403.113.1, 3-1407.A.2, 3- 1407.A.5, 3-1407.A.7, 3-1503.113.7, 3-1503.113.6, 3-1502.G.2, & 3-1502.G.3 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on August 24, 2016, and therefore, committed a repeat violation. ORDER Code Enforcement 2017-09-27 22 It is the Order of this Board that the Respondent(s) pay a fine of$250.00 ($25.00 daily fine per violation) for the time period August 21 —25, 2017, when the repeat violation(s) occurred, payable by November 26, 2017. The Board further orders that if the Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 27th day of September 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 12-13 Affidavit of Compliance Britta Kolar 1742 Sunset Dr. Exterior Surfaces/Door &Window Openings — Devol 5.2 Case 30-16 Affidavit of Compliance Jorgo & Brunilda Borova 1574 Chateaux De Ville Ct. Aband. Bldg./Fences/Exterior Surfaces/Door &Window Openings —Cantrell 5.3 Case 78-16 Affidavit of Compliance Martha Mlaki-Mensah 215 S Pegasus Avenue Exterior Surfaces —Cantrell 5.4 Case 53-17 Affidavit of Compliance Christopher& Nicole Dufala 3439 Northridge Dr. Short Term Rental — Phillips Code Enforcement 2017-09-27 23 5.5 Case 85-17 Affidavit of Compliance D'Angelo, Maria A Trust Tenaglia, Adia A Tre 1965 Cleveland St. Exterior Storage/Lot Clearing — Cantrell 5.6 Case 103-17 Affidavit of Compliance Riti Investments LLC 1913 Drew St. Window Signs/Sign Maintenance— Knight 5.7 Case 112-17 Affidavit of Compliance Camlakeview Land Trust 1365 Lakeview Rd. Exterior Surfaces/Door &Window Openings — Harris 5.8 Case 110-16—Affidavit of Non-Compliance Kenyon Dodge Inc. 19400 US Hwy 19 Door &Window Openings/Abandoned Bldg.— Cantrell 5.9 Case 111-16—Affidavit of Non-Compliance Sunset Pontiac GMS Truck S Inc. 19320 US Hwy 19 Door &Window Openings/Abandoned Bldg./Exterior Surfaces— Cantrell 5.10 Case 68-17 —Affidavit of Non-Compliance R L S Properties Holdings LLC 541 Woodlawn St. Grass Parking/Hauling Trailer— Cantrell 5.11 Case 102-17 Affidavit of Non-Compliance Riti Investments LLC 1907 Drew St. Window Signs — Knight 5.12 Case 105-17 Affidavit of Non-Compliance McManus, Paula Hall Trust 3233 Beaver Dr. Exterior Surfaces/Roof Maintenance— Brown Member Carothers moved to accept the Affidavits of Compliance for Cases 12-13, 30-16, 78-16, 53-17, 85-17, 103-17, and 112-17 and to accept the Affidavit of Non-Compliance and issue the Orders imposing fines for Cases 110-16, 111-16, 68-17, 102-17, and 105-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS Code Enforcement 2017-09-27 24 6.1 Case 127-17— Repeat Violation - Request for Rehearing Antonio Pinarreta 910 Lantana Avenue Short Term Rental - Phillips Attorney for the Board Andy Salzman said property owner Antonio Pinarreta was not present at the August 23, 2017 hearing and requested a new hearing. Code Inspector Julie Phillips reviewed the case. On August 23, 2017, the Board determined the respondent, a Canadian resident, had committed a repeat violation and ordered a $7,000 fine. Mr. Pinarreta said he received 2 certified letters re August 23 hearing on August 17, 2017 and called Inspector Phillips, who was out of the office. He said he called again on August 22, 2017, telling her he had just received notice and could not fly to Clearwater for the hearing. He said Inspector Phillips denied his request to postpone the hearing. Mr. Pinarreta said he was not aware that short-term rentals were illegal before his 2015 citation. He said he then began to advertise monthly rentals on FlipKey, owned by TripAdvisor. He said he rented the property for 3 months last year and 2 months this year; none of the rentals was short-term. He said he was overseas when his FlipKey contract ended on June 30, 2017 and renewed the contract upon his July 27, 2017 return. He said while his contract was expired, TripAdvisor changed his site and advertised his property for short-term rentals. He said he received a request for a short-term rental on August 12, 2017, checked the website, and saw the change. He said it was difficult to contact TripAdvisor but he was able to correct his information the following day. Mr. Pinarreta said he had not planned on returning to Clearwater until September and agreed to his next door neighbor's request for some guests and family to stay at his house for 4—5 days in August; he did not know they would arrive in so many cars. He said he was lenient re who he let into his house and did not want strangers in his bed. He said he rented the house to a family for the month of July; their daughter submitted a review re her weeklong stay. He said during another monthly rental, the tenant may have had guests who submitted a review on a "girls' weekend." He said he always responded to positive reviews but was unable to remove them from his site. Attorney Smith said the City complied with State law by mailing the certified letter re the hearing on August 4, 2017 and properly posting the property. Mr. Pinarreta's request did not meet the Code definition allowing a rehearing, but due to the large fine and delayed delivery of the certified mail to Canada, he supported a rehearing to eliminate any future due process argument. Attorney Salzman said it was assumed that property owners saw postings on their property. To make a decision best for the City and avoid this case from being sent back to the Board, he supported a rehearing. Mr. Pinarreta said no one was at the property to see the posting. The Municipal Code Enforcement Board recessed from 3:41 to 3:47 p.m. Member Carothers moved to approve the request and grant a rehearing of Case 127-17 to be heard today. The motion was duly seconded and carried unanimously. Code Enforcement 2017-09-27 25 Inspector Julie Phillips provided a PowerPoint presentation and reviewed Code definitions for Residential Use and Repeat Violation. On March 25, 2015, the Board found the 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. 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, Inspector Diane Devol knocked on property's front door re parking complaint and during the conversation, a woman said they were leaving Friday, August 18, 2017. The departure date matched the August 3, 2017 website calendar screenshot. Inspector Phillips said reviews re short-term rentals needed to be removed from the website. Mr. Pinarreta said reviews referring to short-term rentals were up for interpretation. He said his tourist tax statements submitted to the State were based on monthly rentals. He said he blocked weeks on the website calendar when he had guests or renters and had blocked August 11 — 17, 2017 for his neighbor's guests/family stay. He said he could reject all requests for rentals for less than 30 days, even when TripAdvisor listed availability for short-term rentals. He said this was his 5th trip this year to Clearwater. He said he had a cleaning person attend the house after guests left and did not know when they arrived. In response to questions, Mr. Pinarreta said he had not rented his house short-term since 2015 and paid to advertise monthly rentals after that. He said monthly rentals could commence in the middle of a month. He said he only rented the house occasionally to help defray costs. He said TripAdvisor had changed information on his site after his contract expired to increase business action to its site. He said when he returned from overseas, he paid the $599 fee and regained control of his site. He said he always responded to reviews and thanked previous guests as he had pride in his property. He said had he thought there was malice associated with a review, he would have addressed it. He hoped the Board would understand that he was careless when he did not review the website after its renewal and notice changes that permitted short-term rentals. Member Strickland moved to find the Respondent 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 disagreed with Mr. Pinarreta's testimony, stating property owners posted photographs, rental charges, minimum stays, and deposit requirements on the website. Mr. Pinarreta had appeared before the Board previously for the same violation. She recommended Code Enforcement 2017-09-27 26 a fine of$500 per day be imposed for August 1 — 14, 2017 (14 days) when the property violated Code re illegal short-term rental for a total fine of$7,000. Mr. Pinarreta said he had corrected the website as soon as he noticed the error. He requested leniency. He said he maintained his property and enjoyed visiting Clearwater. He said the recommended fine was hefty. Discussion ensued with comments that although Mr. Pinarreta said he did not want strangers sleeping in his bed, he rented his house to strangers. It was felt that Mr. Pinarreta was not being honest and had rented the house for a girls' getaway weekend and other short-terms before he got caught. It was doubted that the website changed itself. Mr. Pinarreta said he had taken an oath to tell the truth. Attorney Smith submitted composite exhibits. Member Carothers 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 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 September 27, 2017 as a rehearing requested by the Respondent, 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. 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 November 26, 2017. The Board further orders that if the Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing Code Enforcement 2017-09-27 27 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 27th day of September 2017, at Clearwater, Pinellas County, Florida. 6.2 Case 36-15 Extension of Stipulation & Agreement N & M Investments Property LLC 809 Turner Street Exterior Storage/Exterior Surfaces - Fletcher Frank Aggio, representing the property owner, presented a copy of approval for the short sale. He said the purchaser wanted to close on the property as soon as possible. He requested the Stipulation and Agreement be extended to November 6, 2017. Member Crothers moved to extend the Stipulation & Agreement for Case 36-15 to November 6, 2017. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request to extend the Stipulation and Agreement at a hearing held on September 27, 2017, and enters the following Order: After considering the request to extend the Stipulation and Agreement, which required that Owner and Buyer close on the sale of the property by January 30, 2017, it is evident that extending the date by which Owner and Buyer must close to November 6, 2017 is appropriate and in the best interest of the Petitioner and the Respondent in the above-referenced case. Therefore, it is the Order of this Board that the close by date in paragraph 4 of the Stipulation and Agreement previously executed on October 26, 2016 is hereby extended to November 6, 2017. DONE AND ORDERED this 27th day of September 2017, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: PADDEN, JOSEPHINE THE 51 VERBENA ST PNU2017-00430 05-29-15-54666-023-0070 $350.00 Code Enforcement 2017-09-27 28 30 DAYS REAL ESTATE CORP THE 404 PUMPKIN TRUST 1404 TAFT AVE PNU2017-00442 10-29-15-51948-002-0060 $370.00 SONJA GAITER DERRICK GAITER 1005 FAIRMONT ST PNU2017-00465 03-29-15-01926-006-0030 $220.00 SONJA GAITER DERRICK GAITER 1005 FAIRMONT ST PNU2017-00467 03-29-15-01926-006-0030 $220.00 PACE TECH PROPERTIES INC 507 N GARDEN AVE PNU2017-00473 09-29-15-37422-002-0151 $261.38 FRANK BLAINEY ISABELLE V BLAINEY 3172 WESSEX WAY PNU2017-00564 17-28-16-18655-000-0650 $350.00 NOVASTAR MORTGAGE FUNDING TRUST DEUTSCHE BANK NATIONAL TRUST CO THE 3382 ATWOOD CT PNU2017-00599 17-28-16-18658-000-0690 $425.00 ROBITAILLE, HILDEGARD H EST 1288 BURMA AVE PNU2017-00753 19-29-16-92322-003-0080 $370.00 FRANKLYN SEECHARAN 1355 S MADISON AVE PNU2017-00953 22-29-15-48978-009-0020 $220.00 K E L PROPERTIES LLC 334 ELIZABETH AVE PNU2017-00973 17-29-16-00000-130-2300 $220.00 Code Enforcement 2017-09-27 29 Member Carothers moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. . 8. ADJOURN The meeting adjourned at 4:30 p.m. Chair, Munici..:fode Enforcement Board Secreta t• the Board Code Enforcement 2017 -09 -27 30