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10/25/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 25, 2017 Present: Chair Michael J. Riordon, Vice Chair Wayne Carothers, Board Member Joseph A. Nycz, Board Member Robert Prast, Board Member Daniel Engel, Board Member Jack Kleban Absent: Board Member James E. Strickland 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 September 27, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Kleban moved to approve minutes of the September 27, 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 120-17— Cont'd from August 23, 2017 Ciro A Romero 871 Casler Ave. Fences &Walls/Roof Maintenance— Hollifield No one was present to represent the Respondent. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Sherry Hollifield presented property photographs of the 2 violations at 871 Casler Avenue for fences and roof maintenance. February 17, 2017 photographs showed the deteriorated fence and missing and broken tiles on the mildewed roof. An October 20, 2017 photograph showed violations had not been corrected. She tried to work with the property owner since 2016. He recently said the property was to be foreclosed and he would not make repairs. Code Enforcement 2017-10-25 1 Inspector Hollifield recommended compliance by November 9, 2017 or a fine of$150 per day per violation be imposed. Assistant City Attorney Matt Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before November 9, 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 October 25, 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: fences & walls/roof maintenance. 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) 3-808.A.1, 3- 808.A.2, 3-808.A.6, 3-1502.113, 3-1502.D.1, & 3-1502.D.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Fence Maintenance - replace all missing and rotten wood and maintain the fence in a vertical position so that it does not sag or lean. All fence or wall surfaces shall be painted, stained, treated or otherwise maintained to present a uniform appearance and 2) Roof Maintenance: roof shall be maintained in a safe, secure and watertight condition, clean and mildew-free by keeping roof free of trash, loose shingles and debris or any other element which is not a permanent part of the building to comply with said Section(s) of the Code by the deadline, November 9, 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 Sherry Hollifield, 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 2017-10-25 2 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.2 Case 138-17— Cont'd from September 27, 2017 Brkljacic, George P Living Trust 206 S Betty Lane Parking Lot Surfaces — 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 said the notice of violation was sent July 10, 2017. She presented property photographs of the violation at 206 S Betty Lane for the maintenance and striping of parking lot surfaces. October 19, 2017 photographs showed the duplex's parking lot surfaces were deteriorated, damaged, and cracked with heaved areas, temporary repairs, and no striping. The property owner never contacted her but did call the Board Secretary requesting a continuance. Inspector Brown recommended compliance by December 9, 2017 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Kleban moved to enter an order requiring the Respondent to correct the violation on or before December 9, 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 October 25, 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 Code Enforcement 2017-10-25 3 The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.A, 3- 1404.B, & 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 surface with an all-weather permanent paving material graded to drain stormwater AND paint lines to mark all paved parking spaces AND obtain a building permit if one is required to complete this work to comply with said Section(s) of the Code by the deadline, December 9, 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 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.3 Case 140-17— Repeat Violation — Cont'd from September 27, 2017 Christopher& Nicole Dufala 3439 Northridge Dr. Short Term Rental — Phillips No one was present to represent the Respondent. Inspector Julie Phillips provided a PowerPoint presentation and read residential use and repeat violation Code definitions. The violation at 3439 Northridge Drive related to a repeat illegal short-term rental. On April 26, 2017, the MCEB (Municipal Code Enforcement Board) found the property in violation of Code re illegal short-term rental and ordered that the respondent comply by May 8, 2017. Code Enforcement 2017-10-25 4 Property photographs on August 10, 2017 showed the single family house and two trucks with Texas plates in the driveway. August 29, 2017 property photographs showed the house with an Affidavit of Posting and Repeat Notice of Violation. Prima facie evidence - Screenshots re 3439 Northridge Drive: 1)August 10, 11, 14 & 17, 2017 emails between Inspector Phillips (pseudonym Sarah) and property owner Nicole Dufala who provided detailed August 29— September 5, 2017 rental rate quote; 2)August 17, 2017 Google Mail list of 10 Inspector Phillips/Ms. Dufala emails; 3) August 17, 2017 HomeAway website noted preapproved August 29—September 5, 2017 rental; 4)August 17, 2017 airbnb website calendar blocked Texas family's August rental dates and Inspector Phillips' August 29— September 5, 2017 inquiry; 5) August 29, 2017 - Texas resident August 13, 2017 review of August 2017 rental posted on airbnb website; 6) September 18, 25, 26 & October 11, 2017 airbnb website advertised 3-day minimum rental and detailed a 3-night and 6-night rate quotes; 7) September 19, 20 & October 17. 19, 2017 airbnb website advertised 3-day minimum rental, "instant book" ability, and 4 detailed 3-night rate quotes; and 8) October 25, 2017 airbnb website advertised 30-day minimum rental, 31 day/1 calendar month minimum booking capability, and no ability to "instant book." Inspector Phillips said Ms. Dufala did not respond to the City's repeat violation notices. Five days ago, property owner Christopher Dufala requested a copy of the report. Following its receipt, Mr. Dufala said he and his attorney would not attend today's hearing. In response to questions, Inspector Phillips said property owners choose advertising venues and submit rental information they want posted. Six neighbors said they had witnessed short-term renters almost every weekend at the subject property and requested relief. Several testified the property owners had threatened them. Inspector Phillips recommended a $500 per day fine totaling $35,000 for 70 days, August 11 — October 19, 2017 to include her short-term rental booking correspondence with Ms. Dufala on August 11, 2017 and the property owners' airbnb website advertisement for short-term rental of the property from August 12 through October 19, 2017. It was commented that a property owner could earn substantial income by renting a property short-term while disregarding the law and their neighbors' quality of life. 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 and has committed a repeat violation. The motion was duly seconded and carried unanimously. Member Carothers moved to enter an order that a fine of$500 per day be imposed for the 70 days the violation existed for a total fine of$35,000, 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 October 25, 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 2017-10-25 5 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that an illegal short-term rental was in violation of the City of Clearwater Code. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) ) 1-104.113 & 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 April 26, 2017, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$35,000.00 ($500.00 daily fine) for the time period from August 11 thru October 19, 2017 (70 days) when the repeat violation(s) occurred, payable by November 24, 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.4 Case 143-17 Michael & Anthony Karantonis 123 N Glenwood Avenue Exterior Surfaces — Fletcher No one was present to represent the Respondent. Inspector Vicki Fletcher said compliance had been met and requested a declaration of violation Attorney Smith submitted composite exhibits. Code Enforcement 2017-10-25 6 Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the Respondent(s) repeat(s) 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 October 25, 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. 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.5 Case 144-17 El Amir of Tampa Co 2099 N Highland Avenue Signage— Knight Code Enforcement 2017-10-25 7 Samy Zein, on behalf of his father, the property owner, admitted to the violation, stating the sign had been removed. 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 Daniel Knight presented property photographs of the violation at 2099 N Highland Avenue for signage. June 12, 2017 photographs showed unpermitted attached signs on the building. July 18, 2017 photographs showed 2 unpermitted monument signs. October 19, 2017 photographs showed a Mexican Food sign and 2 monument signs out of compliance. Inspector Knight recommended compliance by November 25, 2017 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before November 25, 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 October 25, 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: signs erected without permits. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1807.113.3.a &4- 1002, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall obtain proper permits to allow the signs erected at the property and/or remove all unpermitted signs to comply with said Section(s) of the Code by the deadline, November 25, 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. Code Enforcement 2017-10-25 8 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.6 Case 145-17 Pelican Walk Plaza Investors LLC 483 Mandalay Avenue Signage/Temporary Signs— Knight 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 Knight recommended compliance by November 25, 2017 or a fine of$150 per day per violation be imposed. Inspector Knight reviewed Code criteria and limitations for sidewalk signs and presented property photographs of the 2 violations at 483 Mandalay Avenue for sidewalk signs and signage erected without permits. July 28, 2017 photographs showed unpermitted banners, the unpermitted "Pelican Walk" sign, illegal sidewalk signs, sidewalk signs more than 2 feet from the walls of businesses the signs were advertising, sidewalk signs on the ground floor advertising 2nd floor businesses, and more than one sidewalk sign advertising a business. A screenshot showed the "Pelican Walk" sign permit application had been voided; the property owner never applied for the Comprehensive Sign Program required for approval. August 24, 2017 photographs showed unpermitted banners, the unpermitted "Pelican Walk" sign, illegal sidewalk signs, and sidewalk signs more than 2 feet from the walls of businesses the signs were advertising. October 19, 2017 photographs showed unpermitted banners, the unpermitted "Pelican Walk" sign, illegal sidewalk signs, and sidewalk signs more than 2 feet from the walls of businesses the signs were advertising. He reviewed the signage Code with the property manager who indicated the majority of tenants were not pleased with Code signage requirements. Member Kleban moved to enter an order requiring the Respondent to correct the violations on or before November 25, 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. Code Enforcement 2017-10-25 9 This case came before the City of Clearwater Municipal Code Enforcement Board on October 25, 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: criteria and limitations for sidewalk signs and signage erected without permits. 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) 3-1804, & 3- 1804.S, 3-1807.113.3.a, &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) Criteria & Limitations for Sidewalk Signs - erect no more than one sidewalk sign per business unit; each sidewalk sign may be located no more than 2 feet from the wall of the business the sign is advertising. Sidewalk signs advertising businesses on the 2nd floor must be erected on the 2nd floor no more than 2 feet from the wall of the business the sign is advertising. Obtain permits for all erected sidewalk signs currently not permitted and follow all other ordinances presented in Table 3-1806.1 a. on a regular basis and 2) Signage Erected without Permits - remove all unpermitted signs from the property or obtain permits to allow the signage to be erected (Please note the Pelican Walk sign can only be permitted through the Comprehensive Sign Program) to comply with said Section(s) of the Code by the deadline, November 25, 2017. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. Code Enforcement 2017-10-25 10 DONE AND ORDERED this 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.7 Case 146-17 Now Investments Inc. 1745 Drew Street Sign Maintenance— Knight Property Manager Chuck Flynt admitted to the violation, Inspector Daniel Knight presented property photographs of the violation at 1745 Drew Street for sign maintenance. June 9, 2017 photographs showed the rusting sign structure had peeling paint, faded signs, and a cardboard sign. October 24, 2017 photographs showed the sign structure was in compliance. Inspector Knight requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the Respondent(s) repeat(s) 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 October 25, 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 sign maintenance existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1502.1 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a Code Enforcement 2017-10-25 11 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.8 Case 147-17 William Ortiz 2023 Alpine Road Residential Rental BTR— Knight Property owner William Ortiz admitted to the violation. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight said the property owner was required to submit additional documentation before the City could issue a Residential Rental BTR (Business Tax Receipt). He recommended compliance by November 8, 2017 or a fine of$150 per day be imposed. Mr. Ortiz said when he went to pay for the BTR, the City advised him he also needed to submit State sales tax documentation, which took 30 days to obtain. Inspector Knight said the City would support additional time for compliance. Attorney Smith submitted composite exhibits. Member Kleban moved to enter an order requiring the Respondent to correct the violation on or before December 8, 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 October 25, 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 present. 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. Code Enforcement 2017-10-25 12 ORDER It is the Order of the Board that the Respondent(s) shall obtain a Residential Rental Business Tax Receipt for this property to comply with said Section(s) of the Code by the deadline, December 8, 2017. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 148-17 First Postulate LLC 1011 Pinebrook Drive Parking Lot Surfaces/Exterior Surfaces/Exterior Storage/Public Nuisance/Residential Rental BTR— Knight 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. Tenant James Lewis said he had prepaid one year's rent for the house. He said the property owner and manager had threatened his girlfriend and him several times and had not made necessary repairs to cracks in the swimming pool, termite damage, etc. He said a healthy tree had been removed without a permit. He reviewed multiple problems he had with the owner, stating the experience had been extremely stressful; he moved out before his prepaid lease expired. Inspector Daniel Knight presented property photographs of the 5 violations at 1011 Pinebrook Drive for driveway surfaces, exterior surfaces, exterior storage, public nuisance swimming pool, Code Enforcement 2017-10-25 13 and residential rental BTR. August 3, 2017 photographs showed deteriorated, damaged, and cracked driveway surfaces, miscellaneous items and a damaged ceiling in the carport, filled trash bags, building materials, a plastic bottle, and wooden pallets next to the driveway, exterior surfaces with mildew, dirt, peeling paint, discoloration and damaged soffit, and an unsecured swimming pool with shallow opaque, unfiltered water and multiple mosquitoes. August 30, 2017 photographs showed no change to driveway surfaces or the carport, a portion of an exterior surface was painted, and a flimsy barrier had been installed in an attempt to secure the swimming pool which was filled with water. September 19, 2017 photographs showed miscellaneous items, trash, and a damaged ceiling in the carport, a window with cracked and faded paint, the unsecured swimming pool filled with green, opaque unfiltered water and pavers scattered around the pool deck area. October 17, 2017 photographs showed a tree stump, no change to driveway surfaces, exterior storage of exposed and tarp covered building materials on wooden pallets next to the driveway, miscellaneous items, trash, and a damaged ceiling in the carport, and the unsecured swimming pool filled with black, opaque unfiltered water and pavers scattered around the pool deck area. Inspector Knight recommended compliance by November 8, 2017 for the residential rental BTR and dirty unsecured swimming pool and compliance by November 25. 2017 for the other violations or a fine of$250 per day per violation be imposed. Inspector Knight said on October 30, 2017 the property owner said he would fix every violation but needed time and was returning to Mexico in two weeks. The property owner visited City offices many times stating the property was in compliance and only needed minor repairs. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations re residential rental BTR and Public Nuisance swimming pool on or before November 8, 2017 and to correct the violations re driveway surfaces, exterior surfaces, and exterior storage on or before November 25, 2017. If the Respondent does not comply within the times specified, the Board may order a fine of$250 per day for 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 October 25, 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 5 violations exist: public nuisance condition /unsafe swimming pool, residential rental Business Tax Receipt required, driveway surfaces, exterior surfaces, and construction & 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) 3-1403.A, 3- 1502.K.4, 3-1502.B, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1503.A, 3-1503.113.1, 3-1503.113.3, 3- 1503.B.9, & 3-2302, as referred to in the Affidavit in this case. Code Enforcement 2017-10-25 14 ORDER It is the Order of the Board that the Respondent(s) shall: 1 Public Nuisance Condition —obtain any permits that may be required and secure backyard swimming pool area so it is not accessible and maintain swimming pool in a clean and clear condition on a regular basis and 2) Residential Rental Business Tax Receipt—obtain a Residential Rental Business Tax Receipt for this rental property to comply with said Section(s) of the Code by the deadline, November 8, 2017. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. AND It is the Order of the Board that the Respondent(s) shall: 1) Driveway Surfaces— repair and/or replace the driveway with a permanent all-weather paving material graded to drain stormwater, so that the driveway is in a safe and clean condition free of any cracked and heaved areas and obtain any permits that may be required; 2) Exterior Surfaces — repair and/or replace all damaged and/or deteriorated wood and other elements on the exterior of the building, remove and/or clean all discoloration and peeling paint, and paint where needed; and 3) Construction and Exterior Storage — remove all construction materials and any items not meant to be stored outdoors from the property, including items under the carport to comply with said Section(s) of the Code by deadline, November 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 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.10 Case 149-17 Kimberley Jones 3180 San Pedro Street Exterior Surfaces/Roof Maintenance— Brown Code Enforcement 2017-10-25 15 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 Brown recommended compliance by December 9, 2017 or a fine of$150 per day per violation be imposed. October 13, 2017 property photographs of the 2 violations at 3180 San Pedro Street for exterior surfaces and roof maintenance showed collapsing soffit by the entryway, deteriorated wood and peeling paint on exterior surfaces, mildew and debris along the roof line, and the tiled roof in poor condition. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before December 9, 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 October 25, 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 roof maintenance. 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) 3-1502.113, 3- 1502.D.1, 3-1502.D.3 & 3-1502.D.4, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Exterior Surfaces - repair and/or replace all damaged /deteriorated structural & decorative elements in a workmanlike manner (trims, soffits, fascia, etc.), remove all mildew, peeling paint, and other loose materials, repaint all affected areas to match existing or adjacent surfaces, and maintain building walls in a secure and attractive manner and 2) Roof Maintenance— maintain roof in a safe, secure, and watertight condition, clean and mildew-free, free of trash, loose shingles or debris, and obtain a permit if one is required to complete this work to comply with said Section(s) of the Code by the deadline, December 9, 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 Code Enforcement 2017-10-25 16 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.11 Case 150-17 Douglas & Nancy Johnson 1523 S Evergreen Avenue Roof Maintenance— Harris Property owners Douglas and Nancy Johnson admitted to the violation. Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Christin Harris said she had received an anonymous complaint re a tarp on the roof; notice of violation was sent on June 20, 2017. She recommended compliance by November 27, 2017 or a fine of$150 per day be imposed. She had been in constant contact with Ms. Johnson and provided her information re City sponsored program to help with home repairs. She presented October 13, 2017 property photographs of the violation at 1523 S Evergreen Avenue for roof maintenance and false roof elements. The photographs showed the roof was damaged. Mr. Johnson said he had put the tarp on the roof because of a leak. He said they could not afford to replace the roof. He said the Economic Development indicated they may qualify for a grant. Ms. Johnson requested 6 months to obtain funds and make necessary repairs. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violation on or before January 27, 2018. 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 October 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and Code Enforcement 2017-10-25 17 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: roof maintenance and false roof elements. 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- 1502.D.1, & 3-1502.D.5, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair the roof to Code so that it can be maintained in a safe, secure and watertight condition and obtain a permit if one is required to complete this work to comply with said Section(s) of the Code by the deadline, January 27, 2018. 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.12 Case 151-17 Senada & Faruk Delic 810 Chester Drive Fences &Walls — Harris Code Enforcement 2017-10-25 18 No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met and requested a declaration of violation Attorney Smith submitted composite exhibits. Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the Respondent(s) repeat(s) 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 October 25, 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, & 3-808.A.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. 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-10-25 19 4.13 Case 152-17— Cont'd to November 15, 2017 North Shore Park 14 Land Trust Nichols, Petr Tre 400 Lebeau St. Inoperative Vehicle/Construction Material/Hauling Trailer/Residential Rental BTR— Devol Case 152-17 was continued automatically to November 15, 2017. 4.14 Case 153-17— Cont'd to November 15, 2017 Jones, Ruth I Est 1428 San Juan Ct. Exterior Surfaces — Devol Case 153-17 was continued automatically to November 15, 2017. 4.15 Case 154-17— Cont'd to November 15, 2017 Hassell, Merwyn Leverock Tre Hassell, Merilyn Insco Tre 1474 De Leon St. Commercial Vehicle — Devol Case 154-17 was continued automatically to November 15, 2017. 4.16 Case 155-17— Repeat Violation — Cont'd to November 15, 2017 East Shore International Enterprises LLC 409 East Shore Dr. Parking on Unpaved Area— Devol Case 155-17 was continued automatically to November 15, 2017. 4.17 Case 156-17 Clifford & Deanna Snedeker 107 N Missouri Avenue Exterior Surfaces —Stewart No one was present to represent the Respondent. Inspector AIIie Stewart said compliance was met and requested a declaration of violation. She presented a September 19, 2017 photograph of exterior surfaces at 107 N Missouri Avenue before compliance and an October 13, 2017 property photograph after compliance. Attorney Smith submitted composite exhibits. Member Prast moved to find the Respondent(s) was/were in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation(s) was/were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent(s). If the Respondent(s) repeat(s) 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 2017-10-25 20 This case came before the City of Clearwater Municipal Code Enforcement Board on October 25, 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. 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.18 Case 157-17 Edna A Bass 1160 Russell Street Residential Grass Parking/Landscaping —Stewart Property owner Edna Bass admitted to the violations. 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 AIIie Stewart said she had responded to an anonymous complaint. She presented property photographs of the 2 violations at 1160 Russell Street for residential grass parking and Code Enforcement 2017-10-25 21 landscaping. April 19, June 14, July 17, August 16, September 26, and October 3 and 23, 2017 photographs showed vehicles parked on the front yard and a lack of ground cover on the right- of-way and in the front yard. A June 12, 2017 photograph showed a truck legally parked on the grass parallel with the driveway Ms. Bass said she was in the process of correcting the violation and requested 60 to 90 days to complete the work. Inspector Stewart recommended compliance by November 27, 2017 or a fine of$150 per day per violation be imposed. She said she had reviewed her recommendations to meet compliance with the property owner. Discussion ensued regarding the significant amount of work the landscaping required. It was noted the property owner could control where visitors parked. Attorney Smith submitted composite exhibits. Member Carothers moved to enter an order requiring the Respondent to correct the violations on or before January 27, 2018. 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 October 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: residential grass parking and landscaping. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.113.1, 3- 1407.A.5, 3-1407.A.7, 3-1502.H.1, 3-1502.H.2, 3-1502.H.3, & 3-1502.K.1, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Grass Parking - park only one vehicle in the grass parallel and adjacent to the driveway. If parking on right side of house is necessary, obtain a permit to complete work and install an approved parking surface and 2) Required Landscaping & Public Rights-Of-Way— install and maintain living ground cover on the entire area including the right-of-way to comply with said Section(s) of the Code by the deadline, January 27, 2018. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Landscaping examples: 1) living ground cover - low growing shrubs, Bahia sod, Hybrid Bermuda sod; 2) flowering ground cover - Beach Sunflower, Blanket Flower, and Lantana; 3) non-flowering plants -jasmine Code Enforcement 2017-10-25 22 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.19 Case 158-17 Serafim Oliveira 1114 Palm Bluff Street Exterior Surfaces/Lot Clearing —Stewart No one was present to represent the Respondent. Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector AIIie Stewart said the 2 violations at 1114 Palm Bluff Street were for exterior surfaces and lot clearing. The notice of violation was issued on May 15, 2017. The property owner, who lived in Canada, told her he planned to move to the subject property after retirement. The house was next door to a house recently raided for illegal drugs and was considered a nuisance. May 15, 2017 property photographs showed missing portions of rotted fascia, peeling paint on exterior surfaces, broken, dirty siding needing repairs, missing stucco, boarded windows, bricks piled against holes in the siding, the barren yard, and significant trash and junk in the back yard. October 23, 2017 property photographs showed no repairs had been made. Vehicles were parked on the property from time to time. She advised the property owner to make repairs. He told her he could not make any repairs until he arrived in Clearwater. The house had no City utilities. Inspector Stewart recommended compliance by November 27, 2017 or a fine of$200 per day per violation be imposed. Code Enforcement 2017-10-25 23 Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before November 27, 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 October 25, 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 accumulation of nuisances and lot clearing. 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) 3-1502.113, 3- 1503.B.7, & 3-1503.B.5.A, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Exterior Surfaces: repair or replace all rotted wood, replace collapsing soffits, repair all holes and fill in missing stucco on the exterior of the house and pressure wash and re-paint entire house. Exterior surfaces shall be free of mildew, peeling paint and need to match existing or adjacent structures for material, color, bond, and joining and 2) Accumulation of Nuisances and Lot Clearing Violations: remove all trash and debris from the property to include glass bottles and cans along the side and back of the yard and all wood and concrete blocks need to be removed or stored inside an enclosed building to comply with said Section(s) of the Code by the deadline, November 27, 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. Code Enforcement 2017-10-25 24 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 4.20 Case 159-17 Frank & Emily Robson 1228 Grove Street Exterior Surfaces/Exterior Storage/Lot Clearing - Stewart No one was present to represent the Respondent. Member Carothers moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Allie Stewart presented property photographs of the 3 violations at the duplex at 1228 Grove Street for exterior surfaces, exterior storage, and lot clearing. June 16, 2017 photographs showed mildewed fascia, a dirty door to one unit, a significant amount of miscellaneous items on the other unit's front porch and yard, and overgrown bushes obstructing the public sidewalk. August 14, 2017 photographs showed exterior storage on the front porch and yard, tires in the right-of-way, peeling and missing paint on exterior surfaces, and overgrown bushes obstructing the public sidewalk. Inspector Stewart said miscellaneous items were discarded in the right-of- way from time to time. October 13, 2017 photographs showed exterior storage on the front porch and overgrown bushes obstructing the public sidewalk. She said today, a portion of the overgrown bushes were trimmed. Inspector Stewart recommended compliance by November 27, 2017 or a fine of$250 per day per violation be imposed. She had no communication with the property owners. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before November 27, 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 October 25, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 3 violations exist: exterior surfaces, exterior storage, and unmaintained sidewalks and public right-of-way. The Respondent was not present and had no representation. Code Enforcement 2017-10-25 25 CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3- 1502.G.1, 3-1502.G.3, 3-1503.113.6, 3-1502.K.2, 3-1502.K.1, 3-1503.113.7, 3-1503.113.8, & 3- 1503.113.5A as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Exterior Surfaces - pressure wash entire building to include the front doors and repaint the building, fascia, and doors to present a clean and neat appearance; 2) Outdoor Storage— remove all items not intended to be stored outdoors including but not limited to tires, 5-gallon buckets, interior furniture, concrete blocks, and wood or store the items in an enclosed structure; and 3) Maintenance of sidewalk and Public Right-of-Way - trim bushes that border the sidewalk so the bushes do not obstruct the sidewalk and maintain them in that manner or remove them and maintain the area with living ground cover to comply with said Section(s) of the Code by the deadline, November 2, 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 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 25th day of October 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 42-16 Affidavit of Compliance Marcos R. Rojas 812 Willowbranch Ave. Exterior Surfaces —Cantrell Code Enforcement 2017-10-25 26 5.2 Case 35-17 Affidavit of Compliance Cynthia Snyman 1849 Venetian Point Dr. Existing Docks & Seawalls— Devol 5.3 Case 82-17 Affidavit of Compliance Vincent Radcliffe Jr. 120 N Orion Ave. Exterior Storage/Exterior Surfaces —Cantrell 5.4 Case 95-17 Affidavit of Compliance John Charles Steenbergen & Joanne Persinger 616 S Glenwood Ave. Exterior Storage/Res. Grass Parking — Fletcher 5.5 Case 98-17 Affidavit of Compliance Carol G. Neal 1231 Aloha Ln. Res. Grass Parking/Inoperative Vehicle—Stewart 5.6 Case 113-17 Affidavit of Compliance Eva Long 1161 Marshall St. Outdoor Storage/Sidewalks & Public ROW—Stewart 5.7 Case 114-17 Affidavit of Compliance Wilson McGill, Jr. &Victoria McGill 1626 N Martin Luther King Jr. Avenue Exterior Storage— Stewart 5.8 Case 73-17 Affidavit of Non-Compliance D Guy Prop Inc McMullen 1901 Edgewater Dr. Abandoned Building — Knight 5.9 Case 94-17 Affidavit of Non-Compliance Trust No 705 Milan Trust Holdings LLC Tre 705 Oak Ave. Exterior Surfaces — Fletcher 5.10 Case 113-17 Affidavit of Non-Compliance Eva Long 1161 Marshall St. Exterior Surfaces/Door &Window Openings —Stewart 5.11 Case 130-17 Affidavit of Non-Compliance Trust No. 705 705 Oak Ave. Residential Rental BTR— Harris Code Enforcement 2017-10-25 27 Member Prast moved to accept the Affidavits of Compliance for Cases 42-16, 35-17, 82-17, 95- 17, 98-17, 113-17, and 114-17, and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 73-17, 94-17, 113-17, and 130-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 12-13 - Request for Lien Reduction Britta Kolar 1742 Sunset Dr. Docks/Ext. Surfaces/Door &Windows - Devol Lee Heath said he purchased the property in September 2015, made all required repairs, and replaced the dock. Inspector Julie Phillips said the property was in compliance. The City supported reduction of the fine to administration costs of$1,508.75. Attorney for the Board Andy Salzman said the original lien amount was $374,400. Member Carothers moved to enter an order reducing the fine for Case 12-13 to administration costs of$1,508.75 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on October 25, 2017, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated June 26, 2013, as recorded in O.R. Book 18073, Pages 2246 - 2251 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,508.75 payable to the Petitioner by November 24, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$374,400.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of October 2017, at Clearwater, Pinellas County, Florida. 6.2 Cases 24-10, 29-10, & 81-16— Stipulation and Agreement Charles W Gruver 415 S. Ft. Harrison Avenue Business Tax Receipt/Signage/Exterior Surfaces/Parking Lot Surfaces - Fletcher Attorney Smith reviewed previous Board findings of non compliance for the property at 415 S. Ft. Harrison Avenue. The buyer and seller agreed to the stipulation and agreement to bring the property into compliance by February 18, 2018. Administration costs were $4,233.60 plus a $289.45 unpaid utility lien. Code Enforcement 2017-10-25 28 Paul Gibson, representing the purchaser, said the former gasoline station structure would be razed before December 20, 2017. He said plans were underway to develop the 2-acre property with a multi-use project to include retail, a hotel, and condominiums. He said the developer was working closely with the City; property taxes were current. Member Carothers moved to approve execution of the stipulation and agreement as provided by the City. The motion was duly seconded and carried unanimously. 6.3 Case 127-16— Unattach Lien Pursuant to 162.09(3), 1460 Pierce St. Shimshon Manshcrov 1256 Jackson Rd. Ext. Surfaces/Door &Window Openings — Devol Case 127-16 was continued automatically to November 15, 2017. 6.4 Case 42-16 — Request for Lien Reduction Marcos R. Rojas 812 Willowbranch Ave. Exterior Surfaces/Abandoned Building —Cantrell Attorney Smith said the request was to reduce to administration costs the lien on the bank- owned property immediately. The property was scheduled to close on October 31, 2017. Gus Mistak, representing the bank, said the purchaser would not close on the property until the lien was satisfied. Inspector Jason Cantrell said the property was in compliance. The City supported a reduction of the fine to administration costs. Attorney Salzman said administration costs were $1,486.20; the original lien amount was $228,500. Member Prast moved to enter an order reducing the fine for Case 42-16 to administration costs of$1,486.20 payable within 10 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on October 25, 2017, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated September 28, 2016, as recorded in O.R. Book 19374, Pages 1768 - 1774 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,486.20 payable to the Petitioner by November 6, 2017. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$228,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 25th day of October 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-10-25 29 6.5 Election of Interim Chair Member Prast moved to appoint Wayne Carothers as Chair. The motion was duly seconded and carried unanimously. Member Prast moved to appoint Joseph Nycz as Vice Chair. The motion was duly seconded and carried unanimously. 7. NUISANCE ABATEMENT LIEN FILINGS: 30 DAYS REAL ESTATE CORP TRE 509 MARILYN TRUST 1140 PALM BLUFF ST 10- 29 -15- 33552 - 006 -0520 PNU2017 -00508 $370.00 OLLIE E BURNELL 1505 GROVE ST PNU2017 -00669 14- 29 -15- 18954 - 004 -0020 $370.00 WILLIAMS ASSET CONVERSION INC TRE 124 N JEFFERSON AVE PNU2017 -00986 15- 29 -15- 65286- 000 -0011 $0.00 CITIMORTGAGE INC 617 FAIRWOOD FOREST DR PNU2017 -01011 08- 29 -16- 27442 - 000 -0050 $370.00 Member Prast moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. Chair Riordon was thanked for his service to the Board. 8. ADJOURN The meeting adjourned at 4:10 p.m. Attest: Secretary to the Bo -rd Code Enforcement 2017 -10 -25 Chair, icipal Code Enforcement Board 30