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12/20/2017 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER December 20, 2017 Present: Chair Wayne Carothers, Vice Chair Joseph A. Nycz, Board Member James E. Strickland, Board Member Robert Prast, Board Member Daniel Engel, Board Member Empty Seat Absent: Board Member Sue A. Johnson Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Rosemarie Call —Acting Secretary to the Board, Patricia O. Sullivan — Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES 2.1. Approve minutes of the November 15, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the November 15, 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: 4. PUBLIC HEARINGS 4.1 Case 161-17— Cont'd from 11/15/17 Keith Mundy & Julie Holladay 204 Avanda Ct. Parking Lot Surfaces —Cantrell 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 Jason Cantrell recommended compliance by January 20, 2018 or a fine of$150 per day be imposed. June 16 and December 15, 2017 property photographs showed parking lot surfaces in poor condition with pot holes and cracks. Assistant City Attorney Matt Smith submitted composite exhibits. Code Enforcement 2017-12-20 1 Member Prast moved to enter an order requiring the Respondent to correct the violation on or before January 20, 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 December 20, 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 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 or replace cracked and heaved parking surfaces and potholes and obtain permits that may be required to comply with said Section(s) of the Code by the deadline, January 20, 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 Jason Cantrell, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 20th day of December 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-12-20 2 4.2 Case 172-17—Withdrawn Jade Group LLC 1260 Pierce St Exterior Surfaces — Brown Case 172-17 was withdrawn. 4.3 Case 181-17 Bear Stearns Alt A Trust 2005 2 Bank of New York Mellon Tre 1857 Venetian Point Dr. Exterior Surfaces/Door &Window Openings/Public Health, Safety or Welfare Nuisance/ Lot Clearing - Stewart Attorney Pamela Konover, representing the property owner, acknowledged the violations. She said the property was under contract with closing on December 29, 2017. She said the buyers had agreed to assume all Code violations and were aware that fines would accrue. Attorney Smith said liens stayed with the property. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Allie Stewart recommended compliance for the 4 violations by January 19, 2018 or a fine of$150 per day per violation be imposed. Attorney Konover requested the compliance date be extended to 60 days after closing. Code Compliance Manager Terry Teunis opposed extending the compliance date for the lot clearing and nuisance swimming pool violations. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct 2 violations for trash, debris, lot clearing and nuisance swimming pool on or before January 19, 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. Member Engel moved to enter an order requiring the Respondent to correct 2 violations for exterior surfaces and door& window openings on or before February 18, 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 December 20, 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 4 violations exist: nuisance/public health and safety/ accumulation of nuisances, lot clearing/overgrowth, exterior Code Enforcement 2017-12-20 3 surfaces, and door & window openings/maintenance. 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) 3-1502.113, 3-1502.C.1, 3-1502.C.3, 3-1503.A, 3-1503.113.1, 3-1503.113.3, 3-1503.B.5.A, 3-1503.113.5, & 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) remove debris from swimming pool, clean mildew, and maintain weekly so water remains clear and bottom of swimming pool remains visible and public welfare and safety is not endangered. (Swimming pool defined as in-ground or above- ground tank or tub for swimming or wading) and 2) remove all dead vegetation, leaves, weeds, glass bottles, plastic cups, and garbage in front, side and back yards, trim trees, bushes, and plants on entire property, edge front yard along street, and consistently maintain yard to deter insect and rodent breeding to comply with said Section(s) of the Code by the deadline, January 19, 2018. The fine is $150.00 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) remove boards from windows, replace broken or damaged windows, and obtain permits that may be required and 2) replace rotted wood on fascia, soffits, decorative window coverings, and door frames and paint to match the house and replace boards on wooden deck around swimming pool so boards do not pop when walked upon to comply with said Section(s) of the Code by the deadline, February 18, 2018. 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-12-20 4 4.4 Case 182-17 Rajesh Kumar 203 Brigadoon Dr. Exterior Surfaces/Exterior Storage - Brown Property owner Rajesh Kumar denied the violations, stating they had been corrected. He said he had tenants and limited control of and access to the rear of the property. Inspector Shelby Brown provided a PowerPoint presentation. She had responded to a condo association request to inspect the complex for violations. A notice of violation was issued on August 1, 2017, following inspection. The 2 violations at 203 Brigadoon Drive related to exterior surfaces and exterior storage. July 13, 2017 property photographs showed significant mildew on rear exterior surfaces and exterior storage of mattresses and interior furnishings. November 14, 2017 property photographs showed a chest, building materials, etc. stored in front of the condo. December 12, 2017 property photographs showed no exterior storage and mildew on rear exterior surfaces. Mr. Kumar said exterior surfaces now complied. He said he did not contact the inspector after he bleached and cleaned the algae. He said rear exterior surfaces were difficult to access. He said he would paint the surfaces if necessary. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case for exterior surfaces. The motion was duly seconded and carried unanimously. Inspector Brown said compliance for exterior storage had been met and requested a declaration of violation. She recommended compliance for exterior surfaces by January 31, 2018 or a fine of$150 per day be imposed. 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 re exterior storage, the violation was 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. Member Nycz moved to enter an order requiring the Respondent to correct the violation re exterior surfaces on or before January 31, 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 December 20, 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. Code Enforcement 2017-12-20 5 It also is evident conditions related to exterior storage 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) 3-1502.G.1 & 3- 1502.G.2 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 structural & decorative elements in a professional manner (stucco, 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 the building walls in a secure and attractive manner to comply with said Section(s) of the Code by the deadline, January 31, 2018. 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 exterior storage/not for use outdoors. 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 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 20th of December 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-12-20 6 4.5 Case 183-17 Gary L & Julianne C Craft 1202 Brigadoon Dr. Exterior Surfaces - Brown Property owner Julianne Craft 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 Shelby Brown recommended compliance by January 31, 2018 or a fine of$150 per day be imposed. July 13 and November 14, 2017 property photographs showed mildew on exterior surfaces, loose and missing wood on the chimney, and discolored paint on exterior surfaces by the front window. Ms. Craft said the chimney had been repaired. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before January 31, 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 December 20, 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 and/or replace all damaged/ deteriorated structural & decorative elements in a professional manner (stucco, trims, soffits, fascia, etc.), remove all mildew, peeling paint, and loose materials, repaint all affected areas to match existing or adjacent surfaces, and maintain building walls in a secure and attractive manner to comply with said Section(s) of the Code by the deadline, January 31, 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 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 Code Enforcement 2017-12-20 7 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.6 Case 184-17 Roberta K Finnocchio 1801 Brigadoon Dr. Exterior Surfaces - Brown No one was present to represent the Respondent. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Shelby Brown said much progress had been made. She recommended compliance by January 31, 2018 or a fine of$150 per day be imposed. December 8, 2017 property photographs showed exterior surfaces with discolored walls and trim. Attorney Smith submitted composite exhibits. Member Engel moved to enter an order requiring the Respondent to correct the violation on or before January 31, 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 December 20, 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 was not present and had no representation. CONCLUSIONS OF LAW Code Enforcement 2017-12-20 8 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 and/or replace all damaged/ deteriorated structural & decorative elements in a professional manner (stucco, trims, soffits, fascia, etc.), remove all mildew, peeling paint, and loose materials, repaint all affected areas to match existing or adjacent surfaces, and maintain building walls in a secure and attractive manner to comply with said Section(s) of the Code by the deadline, January 31, 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 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.7 Case 185-17 Bethany & Dennis Duquette 3802 Brigadoon Cir. Exterior Surfaces - Brown No one was present to represent the Respondent. Inspector Shelby Brown said compliance had been met and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Nycz moved to find the Respondent(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 2017-12-20 9 This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition(s) related to exterior 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.8 Case 186-17 Conor Petren *************** Exterior Surfaces - Brown Property owner Conor Petren 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 Shelby Brown recommended compliance by January 31, 2018 or a fine of$150 per day be imposed. July 13 and November 14, 2017 property photographs showed exterior surfaces with peeling paint on the trim and fascia, damaged wood, exposed metal, and stucco and joints in poor condition. Mr. Petren said his contractor should complete repairs by January 31, 2018. Code Enforcement 2017-12-20 10 Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before January 31, 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 December 20, 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 and/or replace all damaged/ deteriorated structural & decorative elements in a professional manner (stucco, trims, soffits, fascia, etc.), remove all mildew, peeling paint, and loose materials, repaint all affected areas to match existing or adjacent surfaces, and maintain building walls in a secure and attractive manner to comply with said Section(s) of the Code by the deadline, January 31, 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 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. Code Enforcement 2017-12-20 11 DONE AND ORDERED this 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.9 Case 187-17 -Withdrawn DD Property Glenwood Trust Diefel, Charlene Tre 717 N Glenwood Ave. Exterior Surfaces - Fletcher Case 187-17 was withdrawn. 4.10 Case 188-17 R E Metz Properties 1616 Gulf-to-Bay Boulevard Common Windows Maintenance/Exterior Storage/Sidewalks & Public ROW - Fletcher No one was present to represent the Respondent. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Vicki Fletcher recommended compliance by January 10, 2018 or a fine of$200 per day per violation be imposed. The Fire and Police departments contacted her when the building was declared a nuisance, power was pulled, and residents were required to vacate. Violations were ongoing for a long time and the owner never showed up to meet with her. May 3 and 8 and December 7, 2017 property photographs of the 3 violations for windows maintenance, exterior storage, and sidewalks & public right-of-way showed debris in the yard and a boarded window. Current conditions were unchanged. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before January 10, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 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 storage, windows maintenance, and lot clearing & debris. 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.C.3, 3- 1502.G.2, 3-1502.K.1, 3-1503.113.7, & 3-1503.113.8, as referred to in the Affidavit in this case. ORDER Code Enforcement 2017-12-20 12 It is the Order of the Board that the Respondent(s) shall 1) Exterior Storage - remove all items not intended for outdoor use; 2)Windows Maintenance — remove wood from windows and repair or replace them (permit may be required); and 3) Lot Clearing & Debris - remove all trash and debris from the property to comply with said Section(s) of the Code by the deadline, January 10, 2018. The fine is $200.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.11 Case 189-17 Steven Everhart 120 S San Remo Ave. Parking Lot Surfaces - Fletcher Attorney Peter Vasti, representing the property owner, said the property was in compliance Inspector Vicki Fletcher 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 December 20, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Code Enforcement 2017-12-20 13 Based on the testimony and evidence received, it is evident the condition(s) related to parking lot surfaces 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) 3-1403.A & 3- 1502.K.4 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.12 Case 190-17 Hotmire, Harry E Est. 907 Chestnut St. Exterior Surfaces/Lot Clearing - Fletcher 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 Vicki Fletcher recommended compliance for the 2 violations by January 20, 2018 or a fine of$250 per day per violation be imposed. October 2 and November 30, 2017 property photographs showed debris in the overgrown unmaintained yard and exterior surfaces covered with mildew. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before January 20, 2018. 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. Code Enforcement 2017-12-20 14 This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 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 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, 3-1502.K.1, 3-1503.113.7, & 3-1503.113.8, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall pressure wash and/or paint exterior surfaces to remove all peeling paint, discoloration, and/or mildew and trim trees, bushes, and plants on entire property, remove all debris, and maintain property to comply with said Section(s) of the Code by the deadline, January 20, 2018. 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 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.13 Case 191-17 -Withdrawn Piotr Kajda 203 Avanda Ct. Parking Lot Surfaces - Cantrell Case 191-17 was withdrawn Code Enforcement 2017-12-20 15 4.14 Case 192-17— Cont'd to 1/24/18 1430 Court Land Trust Hartley Law Firm PLC Tre. 1430 Court St. D Exterior Surfaces/Landscaping Required - Devol Case 192-17 was continued automatically to January 24, 2018. 4.15 Case 193-17— Cont'd to 2/28/18 Beatrice L Haglund 511 Dora Dr. Exterior Surfaces - Hollifield Case 193-17 was continued automatically to February 28, 2018. 4.16 Case 194-17 Bruno One Inc 2171 Beecher Rd. Exterior Surfaces/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 recommended compliance by January 4, 2018 or a fine of$150 per day per violation be imposed. August 15, November 27, and December 15, 2017 property photographs showed the mildewed, buckling roof had some painted shingles and recently painted exterior surfaces had visible mildew, peeling paint, and over-sprayed fascia. She had no verbal contact with the property owner. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before January 4, 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 December 20, 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, as referred to in the Affidavit in this case. Code Enforcement 2017-12-20 16 ORDER It is the Order of the Board that the Respondent(s) shall clean exterior surfaces to remove all peeling paint, rust, and loose materials, patch, paint, or resurface to match existing and adjacent surfaces and maintain roof in a safe, secure, watertight, clean, and mildew-free condition by removing all trash, loose shingles and debris/elements that are not a permanent part of the roof to comply with said Section(s) of the Code by the deadline, January 4, 2018. 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 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.17 Case 195-17 Cobra Investment Real Estate LLC 1379 Turner St. Short Term Rental - Phillips Property manager and part owner Maximo Perec 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 Julie Phillips recommended compliance by December 30, 2017 or a fine of$250 per day be imposed. Prima facie evidence: December 14, 2017 screenshots - airbnb vacation rental website advertised 2-night minimum stay, detailed 2-night rate quote, and posted reviews for 3 separate visits in October 2017. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before December 30, 2017. If the Respondent does not comply within the time specified, the Board may Code Enforcement 2017-12-20 17 order a fine of$250 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 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 a violation exists: short-term rental. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 1-104.113 & 3-919, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall rent property for at least 31 days or one calendar month whichever is less, remove all daily and weekly rental rates, reviews, and discounts on websites, and update ALL websites and website calendars to reflect the 31-day rental requirement or one calendar month, whichever is less to comply with said Section(s) of the Code by the deadline, December 30, 2017. The fine is $250.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 20th day of December 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-12-20 18 4.18 Case 196-17 Bassett, William L Trust Bassett, Margaret J Trust 301 Baker Ave. Exterior Surfaces/Exterior Storage/Abandoned Bldg - Knight Robert Bassett said his father had owned the property was recently deceased. He admitted to violations for exterior surfaces and exterior storage but not for abandoned building. He said the property had electricity but was not connected to water utilities. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case for exterior surfaces and exterior storage. The motion was duly seconded and carried unanimously. Inspector Daniel Knight provided a PowerPoint presentation and reviewed the Code definition of abandoned building. A notice of violation was issued on August 8, 2017, following inspection. The 3 violations at 301 Baker Avenue related to exterior surfaces, construction & exterior storage, and abandoned building. A Clearwater utilities screenshot showed the property's water was disconnected on February 4, 2013. August 7, 2017 property photographs showed overgrowth, exterior storage of mattresses, etc., soffit and fascia with rotted wood and mildew, multiple large holes in rear exterior walls designed for window air-conditioners, and vines growing on the exterior. Robert Bassett had told him the violations would be corrected. December 8, 2017 property photographs showed the front yard was mowed but not the rear, exterior storage of construction materials, and boards covering holes in exterior walls. December 18, 2017 property photographs showed soffit and fascia with rotted wood and mildew, peeling paint on trim and door, mold and mildew on exterior surfaces, exterior storage of construction materials, and unpainted patched holes. A City contractor had abated the overgrowth. Nobody lived at the house. Mr. Knight said the City had received a complaint about transient activity but he had not witnessed it. Mr. Bassett said he did not want anyone living in his family house and it was unfair that the City required him to pay for water utilities when no one lived there. He said he was working to bring the property into compliance. He said transients had not been inside as nothing was stolen. It was commented that water services were necessary for fire suppression. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case for abandoned building. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance by January 20, 2018 or a fine of$250 per day per violation be imposed. Mr. Bassett said the construction materials would be used to replace rotting wood. He requested 60 days to make repairs as damages may be extensive. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before February 20, 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 2017-12-20 19 This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 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 abandoned building. 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) 3-1502.113, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 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) Exterior Surfaces— repair and/or replace all damaged elements of the building, clean/clear all discoloration and peeling paint, repaint all affected areas to match existing or adjacent surfaces, and obtain permits that may be required; 2) Construction & Exterior Storage — remove all construction materials/items and exterior storage from the property; and 3)Abandoned Building — correct all code violations, maintain property on regular basis, retain active utilities, and occupy and/or sell the property to comply with said Section(s) of the Code by the deadline, February 20, 2018. 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. DONE AND ORDERED this 20th day of December 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-12-20 20 4.19 Case 197-17 Duneland Village Mobile Home Park LLC 20866 US Highway 19 Sign Maintenance - Knight No one was present to represent the Respondent. Inspector Daniel Knight said compliance had been met and requested a declaration of violation. Attorney Smith submitted composite exhibits. Member Nycz 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 December 20, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition(s) related to sign maintenance 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) 3-1502.1 & 3- 1805.Q.2 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-12-20 21 4.20 Case 198-17 W R I Countryside Centre LLC 2555 Countryside Blvd. Window Signage - Knight Property manager John Haggerty admitted to the violation. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight recommended compliance by January 31, 2018 or a fine of$150 per day be imposed. October 5, 2017 property photographs showed excessive window signage at Famous Footwear, which was waiting for new signage. Signage at other shopping center retail businesses was now in compliance. Mr. Haggerty thanked Inspector Knight for discussing signage requirements with all of the store managers. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before January 31, 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 December 20, 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: window signage. 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) 3-1805.0, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall reduce all window signage at the property so that it does not exceed 25% of the total window area for each business unit fagade or 50 square- feet, whichever is less, to comply with said Section(s) of the Code by the deadline, January 31, 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 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 Code Enforcement 2017-12-20 22 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.21 Case 199-17— Cont'd to 1/24/18 Hunterwood Assoc Ltd Ptnsp Starcrest Vill Apt Ltd Ptn 200 Starcrest Dr. Signage without Permits - Knight Case 199-17 was continued automatically to January 24, 2018. 4.22 Case 200-17— Cont'd to 1/24/18 Hunterwood Assoc Ltd Ptnsp - Starcrest Vill Apt Ltd Ptn 200 Starcrest Dr. Signage without Permits - Knight Case 200-17 was continued automatically to January 24, 2018. 4.23 Case 201-17 David Johnson Jr. 1359 Boylan Ave #B Exterior Surfaces - Harris 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 Christin Harris recommended compliance by January 31, 2018 or a fine of$150 per day be imposed. August 14 and November 3, 2017 property photographs showed a hole in the vent above the garage door and rotted fascia on the side of the duplex. Attorney Smith submitted composite exhibits. Code Enforcement 2017-12-20 23 Member Prast moved to enter an order requiring the Respondent to correct the violation on or before January 31, 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 December 20, 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 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, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all failing and peeling paint, match repairs to original materials and building construction, and maintain exterior surfaces in a secure and attractive manner free of mildew, rust, and loose materials to comply with said Section(s) of the Code by the deadline, January 31, 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. Code Enforcement 2017-12-20 24 4.24 Case 202-17 N S J Enzoprizes LLC 1379 Boylan Ave. Parking Lot Surfaces - Harris Joe Enzor admitted to the violation. He said his brother and he had inherited the business from their father, who passed last year. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Christin Harris recommended compliance by January 31, 2018 or a fine of$200 per day be imposed. The notice of violation was issued on September 5, 2017. November 8, 2017 property photographs showed the separately addressed duplexes shared a driveway and the subject duplex's parking lot/driveway surfaces had potholes, cracks, heaving, and dirt surfaces. Inspector Harris said staff recommended a higher fine because the property was a rental and the parking surfaces had been in poor condition for years. She observed the parking lot when driving by. As of December 19, 2017, no repairs had been made. Mr. Enzor said he had obtained quotes to resurface the parking lot/driveway surfaces. He said his father built the duplexes in the 1970s and after asphalt was poured, the City determined the lot had too much parking. He said his father removed a section of asphalt to comply and replaced it with shells, which deteriorated over time. He said he could repair some of the pot holes instead of resurfacing the entire parking surfaces/driveway. He requested 60 —90 days to meet with a contractor and find out what needed to be done. In response to a question, Mr. Teunis said Mr. Enzor needed to speak with Permitting staff if he wanted to surface the entire front of the duplex. He supported the recommended compliance date as the property owner was notified of the violation months earlier. Inspector Harris reviewed permitted parking surface materials. Crushed shell was not an option. The grass also needed to be addressed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before January 31, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day for each day the violation continues to exist. The motion was duly seconded. Members Nycz, Prast, Engel and Chair Carothers voted "Aye"; Member Strickland voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 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(s) was/were present. CONCLUSIONS OF LAW Code Enforcement 2017-12-20 25 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 improve driveway so it is free of pot holes, cracks, heaves, and debris, obtain permits that may be required, and maintain parking surface thereafter, promptly repairing when needed to comply with said Section(s) of the Code by the deadline, January 31, 2018. The fine is $200.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.25 Case 203-17 N S J Enzoprizes LLC 1381 Boylan Ave. Parking Lot Surfaces - Harris Joe Enzor said his brother and he had inherited the business from their father who passed last year. He denied the violation. Inspector Christin Harris provided a PowerPoint presentation. A notice of violation was issued on September 5, 2017, following inspection. The violation at 1381 Boylan Avenue related to parking lot and driveway surfaces. Property photographs on September 5, November 8, and December 18, 2017 showed the parking lot/driveway surface in front of the subject duplex was deteriorated, damaged, cracked, and heaved with vegetation growing through the cracks. Mr. Enzor said the 1379 Boylan Avenue side of the parking lot/driveway needed repairs but not this property. He said this parking lot/driveway was not as deteriorated as other driveway surfaces in the Code Enforcement 2017-12-20 26 neighborhood. In response to a question, he said the duplex had 3 parking spaces or 4 if someone parked on the strip of shells. Mr. Teunis said this side of the parking lot/driveway also was cracked. Mr. Enzor needed to apply for a permit for required work. 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 Harris recommended compliance by January 31, 2018 or a fine of$200 per day be imposed. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before January 31, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of$200 per day for each day the violation continues to exist. The motion was duly seconded. Members Nycz, Prast, Engel and Chair Carothers voted "Aye"; Member Strickland voted "Nay." Motion carried. This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 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(s) was/were present. 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 improve driveway so it is free of pot holes, cracks, heaves, and debris, obtain permits that may be required, and maintain parking surface thereafter, promptly repairing when needed to comply with said Section(s) of the Code by the deadline, January 31, 2018. The fine is $200.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector 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 Code Enforcement 2017-12-20 27 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 4.26 Case 204-17 William W& Patricia Trach 214 S Highland Ave. Hauling Trailer/Parking on Unpaved Area/Exterior Surfaces - Devol Property owner William Trach admitted to the violations. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case for hauling trailer and parking on an unpaved area. The motion was duly seconded and carried unanimously. Inspector Diane Devol presented property photographs of the 3 violations at 214 S Highland Avenue for hauling trailer, parking on unpaved area, and exterior surfaces. June 16, 2017 photographs showed unscreened trailers parked on the grass. December 14, 2017 photographs showed unscreened trailers and a RV parked on the grass. Inspector Devol said compliance had been met re exterior surfaces and requested a declaration of violation 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 for exterior surfaces , 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. Mr. Trach said pavers for two of the trailers were in place, He said the other trailer would be removed next week. He said it had been difficult to hire a contractor to install required fencing. Inspector Devol recommended compliance for the 2 violations for hauling trailer and parking on unpaved area by February 17, 2018 or a fine of$150 per day per violation be imposed. Compliance was a work in progress. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations for hauling trailer and parking on unpaved area on or before February 17, 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. Code Enforcement 2017-12-20 28 This case came before the City of Clearwater Municipal Code Enforcement Board on December 20, 2017, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: hauling trailer(s) in side setback not screened by fence, hedge, or wall and parking on unpaved area prohibited. It also is evident conditions related to exterior 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) 3-1407.A.2.C, 3- 1407.A.3C & 3-1407.A.7, as referred to in the Affidavit in this case. 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 the Board that the Respondent(s) shall: 1) screen hauling trailer(s) in side or rear setback behind a 6-foot high fence, hedge, or wall and obtain permits that may be required and 2) install approved parking surface such as pavers concrete or asphalt beneath each trailer or vehicle stored on the property to comply with said Section(s) of the Code by the deadline, February 17, 2018. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. It is the Order of this Board that no fine will be imposed against the Respondent(s) for the conditions related to exterior 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. Upon complying with said Section of the Code, the Respondent(s) shall notify Inspector Diane Devol, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Code Enforcement 2017-12-20 29 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 20th of December 2017, at Clearwater, Pinellas County, Florida. 4.27 Case 205-17 1510 Barry Holding LLC 1510 Barry Rd. Abandoned Bldg (unsecured)/Abandoned Bldg (transient activity)/Sidewalks & Public ROW/Exterior Storage/Fences &Walls -Alston No one was present to represent the Respondent. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Trava Alston presented property photographs of the 4 violations at 1510 Barry Road for abandoned building, sidewalks & public right-of-way, exterior storage, and fences & walls. December 15, 2017 photographs showed overgrowth in the right-of-way overhanging the sidewalk and engulfing the temporary fencing, a sleeping mat and plastic bags indicating transient activity, a portion of fencing knocked down, and exterior storage. In response to a comment that this case had come before the board previously, Mr. Teunis said due to the way the notice was sent, this case was not being presented as a repeat violation. Inspector Alston said the realtor had said the owners would be in touch but he had not heard from anyone. He recommended compliance by January 18, 2018 or a fine of$250 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before January 18, 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 December 20, 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 4 violations exist: abandoned building (unsecured & transient activity), sidewalks & public right-of-way, exterior storage, and fences & walls. The Respondent was not present and had no representation. CONCLUSIONS OF LAW Code Enforcement 2017-12-20 30 The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1503.A, 3-1503.113.1, 3-1503.113.2, 3-1503.113.3, 3-1503.113.9, 3-1502.K.1, 3-1503.113.7, 3-1503.113.8, 3-1503.113.10) 3- 1503.B.5.A, 3-1502.G.2, 3-808, 3-808.A.1, 3-808.A.4, 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 1) Lot Clearing/Overgrowth/Transient Activity - clear overgrowth, weeds, and debris, edge all curbs and sidewalks, remove all transient activity and/or anyone living on the vacant property and maintain on a regular basis; 2) Abandoned Building - maintain property free from code violations, retain active utilities, and occupy or sell the property; 3) Exterior Storage— clear discarded or unused materials, interior furnishings, appliances, automobile supplies, equipment, construction materials, storage racks/containers, debris, etc., from property exterior and maintain on a regular basis; and 4) Fence Maintenance— repair and secure fences to meet code and maintain on a regular basis to comply with said Section(s) of the Code by the deadline, January 18, 2018. 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 Trava Alston, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of 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 20th day of December 2017, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 29-16 Affidavit of Compliance Gilbert Jannelli 1343 Cleveland St. Lot Clearing — Fletcher 5.2 Case 118-17 Affidavit of Compliance Barbara Redding & Nathaniel Reed 1125 Jadewood Ave. Landscape Cover— Brown Code Enforcement 2017-12-20 31 5.3 Case 134-17 Affidavits of Compliance Alden Land Trust 25000 US Highway 19 N Signage w/o Permits/Sign Maintenance— Knight 5.4 Case 144-17 Affidavits of Compliance El Amir of Tampa Co 2099 N Highland Ave/ Signage— Knight 5.5 Case 158-17 Affidavit of Compliance .Serafim Oliveira 1114 Palm Bluff St. Lot Clearing — Stewart 5.6 Case 159-17 Affidavits of Compliance Frank & Emily Robson 1228 Grove St. Exterior Storage/Unmaintained Sidewalks & Public ROW - Stewart 5.7 Case 160-17 Affidavit of Compliance Brian Lake 617 N Highland Ave., Short Term Rental — Phillips 5.8 Case 165-17 Affidavits of Compliance Hakki, Hadi Tre 23498 US Highway 19 Feather Signs/Attached Signs in Non-Residential District— Knight 5.9 Case 169-17 Affidavit of Compliance Quoc Bao Trading Inc 1230 Cleveland St. Attached Signs in Non-Residential District— Knight 5.10 Case 170-17 Affidavit of Compliance Quoc Bao Trading Inc 1238 Cleveland St. Attached Signs in Non-Residential District— Knight 5.11 Case 176-17 Affidavit of Compliance Casabella Trust 1365 Drew St. Residential Rental BTR— Harris 5.12 Case 74-17 Affidavits of Non-Compliance Benedict & Juliet Williams 900 Palmetto St. Abandoned Building/Lot Clearing — Devol Code Enforcement 2017-12-20 32 5.13 Case 111-17 Affidavits of Non-Compliance Ibrahim Ghobrial & Shahinaz Kaldas 1445 S Missouri Ave. Exterior Surfaces/Abandoned Building — Harris 5.14 Case 145-17 Affidavits of Non-Compliance Pelican Walk Plaza Investors LLC 483 Mandalay Ave. Signage/Temporary Signs— Knight 5.15 Case 148-17 Affidavits of Non-Compliance First Postulate LLC 1011 Pinebrook Dr. Parking Lot Surfaces/Exterior Surfaces/Exterior Storage/Public Nuisance/Residential Rental BTR— Knight 5.16 Case 158-17 Affidavit of Non-Compliance Serafim Oliveira 1114 Palm Bluff St. Exterior Surfaces —Stewart 5.17 Case 159-17 Affidavit of Non-Compliance Frank & Emily Robson 1228 Grove St. Exterior Surfaces —Stewart, 5.18 Case 166-17 Affidavit of Non-Compliance R E Metz Properties 1616 Gulf-to-Bay Boulevard A Attached Signs in Non-Residential District— Knight 5.19 Case 167-17 Affidavits of Non-Compliance Asem Hasan 1105 Court St. Prohibited Signage/Sign Maintenance/Window Signs/Attached Signage in Non- Residential District— Knight 5.20 Case 168-17 Affidavit of Non-Compliance Quoc Bao Trading Inc 1222 Cleveland St. Attached Signs in Non-Residential District— Knight 5.21 Case 158-17 Affidavit of Compliance Serafim Oliveira 1114 Palm Bluff St. Exterior Surfaces —Stewart Member Prast moved to accept the Affidavits of Compliance for Cases 29-16, 118-17, 134-17, 144- 17, 158-17, 159-17, 160-17, 165-17, 169-17, 170-17, and 176-17 and to accept the Affidavits of Non-Compliance and issue the Order imposing fines for Cases 74-17, 111-17, 145-17, 148-17, 158- 17, 159-17, 166-17, 167-17, and 168-17. The motion was duly seconded and carried unanimously. Code Enforcement 2017-12-20 33 The MCEB recessed from 3:39 to 3:40 p.m. 6. NEW BUSINESS 6.1 Case 37-08 Request to Stop Lien Accrual Patricia De Priest 1631 Tuscola Rd. Public Nuisance, Outdoor Display/Storage, Exterior Storage—Alston Inspector Trava Alston said the City requested stopping lien accrual for property at 1631 Tuscola Road to pursue other avenues for compliance. The lien was almost $500,000. Attorney Smith said the City wanted to take the property owner to court. Attorney for the Board Andy Salzman said Board Rules and Regulations indicate that fines are capped at the value of the property. Member Strickland moved to grant the City's request to stop lien accrual for Case 37-08, effective December 20, 2017. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request to stop further accrual of a lien at a hearing held on December 20, 2017, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request to stop the further accrual of a lien, it is evident that stopping the lien from accruing further is appropriate and in the best interest of the Petitioner and the Respondent in the above-referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated January 28, 2009, as recorded in O.R. Book 16489, Pages 201 —205 of the public records of Pinellas County, Florida, is hereby stopped from accruing further. DONE AND ORDERED this 20th day of December 2017, at Clearwater, Pinellas County, Florida. 6.2 Case 48-12 Extension of Stipulation & Agreement Clearwater Espacio Dev LLC 1100 Cleveland Street Abandoned Building — Brown Assistant City Attorney Matt Smith reviewed the amendment to the agreement adopted last December to extend the Stipulation &Agreement to provide the buyer additional time to complete construction. The buyer submitted the development plan but needed additional time to obtain all permits and begin construction. The buyer invested a lot of money and time in this project. The City supported the extension. Member Prast moved to approve the Extension of the Stipulation &Agreement for Case 48-12 as negotiated by Staff. The motion was duly seconded. Members Strickland, Nycz, Prast and Chair Carothers voted "Aye"; Member Engel voted "Nay." Motion carried. The Municipal Code Enforcement Board considered the request to extend the Stipulation and Agreement at a hearing held on December 20, 2017, and enters the following Order: After considering the request to extend the Stipulation and Agreement: Code Enforcement 2017-12-20 34 1) requirement that the Buyer obtain any and all necessary building and construction permits per the Plan within six (6) months of Plan approval, it is evident that extending that date to seven (7) months is appropriate and in the best interest of the Petitioner and the Respondent in the above-referenced case; and 2) requirement that the Buyer complete construction per the Plan and obtain a Certificate of Occupancy within eighteen (18 months) after securing all permits, it is evident that extending that date to twenty-one (21) months is appropriate and in the best interest of the Petitioner and Respondent in the above-referenced case; and 3) requirement that the Buyer bring the property into compliance within the time specified herein, and in no event later than June 19, 2019, then the MCEB will reduce the accrued fine to administrative costs of$2,519.93, it is evident that extending that date to no later than November 18, 2019, with the effective date of the Lien reduction being the date a Code Enforcement officer files an Affidavit of Compliance and the Buyer shall then have 30 days to pay the administrative costs or else the Lien reduction shall be reversed is appropriate and in the best interest of the Petitioner and Respondent in the above-referenced case. Therefore, it is the Order of this Board that time frames in the Stipulation and Agreement previously executed on December 21, 2016 for: 1) paragraph 6.b. hereby be extended by one month; 2) paragraph 6.c. hereby be extended by three months; and 3) paragraph 9 hereby be extended to November 18, 2019. with the effective date of the Lien reduction being the date a Code Enforcement officer files an Affidavit of Compliance and the Buyer shall then have 30 days to pay the administrative costs or else the Lien reduction shall be reversed. DONE AND ORDERED this 20th day of December 2017, at Clearwater, Pinellas County, Florida. 6.3 Case 127-16-- Stipulation & Agreement related to 1460 Pierce St. Shimshon Manshcrov 1256 Jackson Rd. Ext. Surfaces/Door &Window Openings — Devol Assistant City Attorney Matt Smith said the property recently was sold with the liens in place; the liens continued to accrue. Realtor Davis Brooks indicated the buyer intended to bring the property into compliance and requested a year to do so. The Inspector felt the request was reasonable as much work needed to be done. The buyer wanted assurance that the fine would be reduced to administration costs of$1,421.20 if the property was brought into compliance according to the agreement. Member Prast moved to approve the Stipulation &Agreement for 1460 Pierce Street, Case 127-16, as negotiated by the City. The motion was duly seconded and carried unanimously. Code Enforcement 2017-12-20 35 7. NUISANCE ABATEMENT LIEN FILINGS: WILLIAM EVANS JR CAROLYN DENISE EVANS 2484 MOORE HAVEN DR PNU2017-00830 31-28-16-98725-000-0150 $400.00 PACE TECH PROPERTIES INC 503 1/2 N GARDEN AVE PNU2017-00999 09-29-15-37422-002-0150 $370.00 GARY E ROSSI 1352 JEFFORDS ST PNU2017-01079 15-29-15-82206-000-0750 $610.25 PATRICK D HEALEY 1401 BOYLAN AVE PNU2017-01107 22-29-15-78570-000-0750 $395.00 JENNIFER K LINTZENICH 1843 SPRINGTIME AVE PNU2017-01186 03-29-15-88110-005-0180 $487.96 COLLINS, ANN S EST Richard James Collins 1877 SPRINGTIME AVE PNU2017-01300 03-29-15-88110-005-0081 $220.00 COLLINS, ANN S EST Richard James Collins 1877 SPRINGTIME AVE PNU2017-01336 03-29-15-88110-005-0081 $220.00 ROSSI, GARY E EST 1352 JEFFORDS ST PNU2017-01379 15-29-15-82206-000-0750 $220.00 PADDEN, JOSEPHINE THE 51 VERBENA ST PNU2017-01395 05-29-15-54666-023-0070 $395.00 Code Enforcement 2017-12-20 36 PRISCILLA M HALEY 2027 PINECREST WAY 03- 29 -15- 80388 - 005 -0010 PNU2017 -01401 $220.00 IBRAHIM GHOBRIAL SHAHINAZ KALDAS 1445 S MISSOURI AVE PNU2017 -01432 22- 29 -15- 78552 - 001 -0010 $443.61 ROBITAILLE, HILDEGARD H EST 1288 BURMA AVE PNU2017 -01511 19- 29 -16- 92322 - 003 -0080 $572.80 Member Prast moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 4:00 p.m. Attest: ipal ode Enforcement Bo Code Enforcement 2017 -12 -20 37