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01/24/2018 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER January 24, 2018 Present: Chair Wayne Carothers, Vice Chair Joseph A. Nycz, Board Member Robert Prast, Board Member Daniel Engel, Board Member Sue A. Johnson, Board Member Empty Seat Absent: Board Member James E. Strickland Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague— Secretary to the Board, Patricia O. Sullivan — Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES 2.1. Approve minutes of the December 20, 2017 Municipal Code Enforcement Board meeting as submitted in written summation. Member Prast moved to approve minutes of the December 20, 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: Todd Pressman said work was underway at 1510 Barry Road, communication was ongoing with Inspector Julie Phillips, and a lien reduction would be requested once compliance was met. 4. PUBLIC HEARINGS 4.1 Case 192-17— Cont'd from 12/20/18 1430 Court Land Trust Hartley Law Firm PLC Tre. 1430 Court St. D Exterior Surfaces/Landscaping Required - Devol Attorney Roger Hartley said his law firm ran the trust and his office was onsite. He said staff did not respond to his last email. He believed the property was in compliance and denied the violations. Inspector Diane Devol provided a PowerPoint presentation. A notice of violation was issued on June 17, 2017, following the first inspection. The 2 violations at 1430 Court Street D related to exterior surfaces and landscaping. She and Code Compliance Manager Terry Teunis walked the property with Attorney Hartley re compliance requirements. Code Enforcement 2018-01-24 1 June 16, 2017 property photographs showed overgrown vegetation and rotted wood in several places on front exterior surfaces, including the fascia, and inconsistencies in the stain color's uniformity. December 29, 2017 property photographs showed mildew on rear stucco surfaces and soffit, possibly new unpainted and discolored bare wood fascia, and vegetation growing on the carport roof. January 18, 2018 property photographs showed mildew on rear stucco surfaces, inconsistencies in the uniformity of stain color on front exterior surfaces, and vegetation on the carport roof and against the building, growing to the roofline and beyond. Attorney Hartley said parts of the front exterior were restained in a shade as close to the original color as he could find. He said the fascia was painted black. He said bushes that blocked the side passage were trimmed and discussed the felled tree in the back yard. He said violations were corrected. It was noted the property owner was aware of the violations since July 3, 2017 and violations were not corrected when staff inspected the property on January 18, 2018. It was stated that staff had responded to his email by having the property inspected. 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 Devol recommended compliance by February 23, 2018 or a fine of$200 per day per violation be imposed. The felled tree was not part of this case. Attorney Hartley requested additional time to determine if the building needed to be painted. Assistant City Attorney Matt Smith submitted composite exhibits. Member Engel moved to enter an order requiring the Respondent to correct the violations on or before March 23, 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 January 24, 2018, 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 landscaping required. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.113, 3-1502.11-11.2, & 3-1502.11-11.3, 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/replace all deteriorated and rotted wood, remove all mildew, peeling paint, and other loose materials, repaint all affected areas to match existing or adjacent surfaces, and maintain building walls in a secure and attractive manner and 2) Landscape Maintenance —trim and maintain all landscape, including turf, shrubs and trees to present a neat and attractive appearance and discourage the Code Enforcement 2018-01-24 2 accumulation of trash or debris and/or infestation of pests to comply with said Section(s) of the Code by the deadline, March 23, 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 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. 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.2 Case 199-17— Cont'd from 12/20/18. Continue to 2/28/18 Hunterwood Assoc Ltd Ptnsp Starcrest Vill Apt Ltd Ptn 200 Starcrest Dr. Signage without Permits - Knight Case 199-17 was continued automatically to February 28, 2018 4.3 Case 200-17— Cont'd from 12/20/18. Continue to 2/28/18 Hunterwood Assoc Ltd Ptnsp - Starcrest Vill Apt Ltd Ptn 200 Starcrest Dr. Signage without Permits - Knight Case 200-17 was continued automatically to February 28, 2018 4.4 Case 01-18 Sergey & Ludmila Tkachev 1329 Drew St Unit 1 Exterior Surfaces/Door &Window Openings — Fletcher The Respondent was not present. Co-op board president Pat Noxon was present. Co-op units were owned by the corporation. Ms. Noxon said the board's attorney quit last weekend. 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. Code Enforcement 2018-01-24 3 Inspector Vicki Fletcher recommended compliance by February 8, 2018 or a fine of$150 per day per violation be imposed. November 17, 2017 property photographs of the 2 violations at 1329 Drew Street Unit 1 for exterior surfaces and door& window openings showed missing screen and rotted wood and peeling paint on outdoor patio exterior surfaces. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violations on or before February 8, 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 January 24, 2018, 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 door& window openings. The Respondent was not present. President of the Co-op Board Pat Noxon was present. Co-op units are owned by the corporation. 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, 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— remove/replace all rotted wood, pressure wash and/or paint and 2) Door and Window Openings— remove, replace, or repair all torn screens to comply with said Section(s) of the Code by the deadline, February 8, 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 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 Code Enforcement 2018-01-24 4 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.5 Case 02-18 Joseph Ramos & Maria Lakomiec-Ramos 1329 Drew St. Unit 3 Door &Window Openings— Fletcher The Respondent was not present. Co-op board president Pat Noxon was present. Co-op units were owned by the corporation. Ms. Noxon said the unit had been abandoned for 3 years. Member Nycz moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Vicki Fletcher recommended compliance by February 8, 2018 or a fine of$150 per day be imposed. A November 17, 2017 property photograph of the violation at 1329 Drew Street Unit 3 for door& window openings showed torn screen. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violation on or before February 8, 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 January 24, 2018, 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: door and window openings. The Respondent was not present. President of the Co-op Board Pat Noxon was present. Co-op units are owned by the corporation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.C.1 & 3- 1502.C.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove, replace or repair all torn screens to comply with said Section(s) of the Code by the deadline, February 8, 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 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 Code Enforcement 2018-01-24 5 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.6 Case 03-18 Drew Garden Apartments Unit II Inc 1329 Drew St. Unit 6 Exterior Surfaces — Fletcher The Respondent was not present. Co-op board president Pat Noxon was present. Co-op units were owned by the corporation. Ms. Noxon said she owned partial shares in this unit and had to pay building/property expenses if other co-op owners did not. She denied the violation for the part of the unit she owned. She said she was stalked and she and her mother were attacked at the property, which was drug infested. She said someone had died in Unit 11. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on April 18, 2017, following the first inspection. The violation at 1329 Drew Street Unit 6 related to exterior surfaces. November 17, 2017 property photographs showed a panel boarded with rotted mildewed wood and peeling siding on the patio's exterior surface. After Ms. Noxon contacted the City, several departments inspected 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 Fletcher recommended compliance by February 8, 2018 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before February 8, 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 January 24, 2018, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: Code Enforcement 2018-01-24 6 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: exterior surfaces. The Respondent was not present. President of the Co-op Board Pat Noxon was present. Co-op units are owned by the corporation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.13, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove/replace all rotted wood, pressure wash and/or paint to comply with said Section(s) of the Code by the deadline, February 8, 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 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.7 Case 04-18 Urszula & Jerzy Galecki 1329 Drew St. Unit 9 Exterior Surfaces/Door &Window Openings — Fletcher The Respondent was not present. Co-op board president Pat Noxon was present. Co-op units were owned by the corporation. Ms. Noxon expressed concern she was responsible for property related costs when other co-op owners did not pay. Inspector Vicki Fletcher provided a PowerPoint presentation. She did not know which units were occupied. A notice of violation was issued on April 18, 2017, following the first inspection. The 2 Code Enforcement 2018-01-24 7 violations at 1329 Drew Street Unit 9 related to exterior surfaces and door &window openings. A November 17, 2017 property photograph showed torn screens and peeling paint. 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 Fletcher recommended compliance by February 8, 2018 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before February 8, 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 January 24, 2018, 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 door& window openings. The Respondent was not present. President of the Co-op Board Pat Noxon was present. Co-op units are owned by the corporation. 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, 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— remove/replace all rotten wood, pressure wash and/or paint and 2) Door and Window Openings— remove, replace, or repair all torn screens to comply with said Section(s) of the Code by the deadline, February 8, 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 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. Code Enforcement 2018-01-24 8 Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.8 Case 05-18 Marijka Povoroznyk 1329 Drew St. Unit 12 Exterior Surfaces — Fletcher The Respondent was not present. Co-op board president Pat Noxon was present. Co-op units were owned by the corporation. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on April 18, 2017, following the first inspection. The violation at 1329 Drew Street Unit 12 related to exterior surfaces. 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 Fletcher recommended compliance by February 8, 2018 or a fine of$150 per day be imposed. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before February 8, 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 January 24, 2018, 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. President of the Co-op Board Pat Noxon was present. Co-op units are owned by the corporation. 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/replace all rotted wood and pressure wash and/or paint to comply with said Section(s) of the Code by the deadline, February 8, Code Enforcement 2018-01-24 9 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 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.9 Case 06-18 Drew Garden Apartments Un II Inc 1329 Drew St. Unit 16 Exterior Surfaces/Door &Window Openings — Fletcher The Respondent was not present. Co-op board president Pat Noxon was present. Co-op units were owned by the corporation. Ms. Noxon said she owned partial shares in this unit. She denied the violations and stated the violations existed. She said she had called Code Enforcement and the Police Department regarding violations. She said the living room's main beam was riddled with termites and had dropped down after the unit owner below added an illegal patio. Inspector Vicki Fletcher showed November 17, 2017 property photographs of torn screens and peeling paint re 2 violations at 1329 Drew Street Unit 16 for exterior surfaces and door &window openings. Ms. Noxon said no one wanted to serve on the co-op board and many owners lived outside the country. She said it took her 3 months to obtain the audits which showed substantial past malfeasance. She said 12 to 15 people lived in some units; she did not know if tenants paid rent. She said hypodermic needles were everywhere. 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 Fletcher recommended compliance by February 8, 2018 or a fine of$150 per day per violation be imposed. Attorney Smith submitted composite exhibits. Code Enforcement 2018-01-24 10 Member Prast moved to enter an order requiring the Respondent to correct the violations on or before February 8, 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 January 24, 2018, 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 door& window openings. The Respondent was not present. President of the Co-op Board Pat Noxon was present. Co-op units are owned by the corporation. 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, 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 — remove /replace all rotted wood, pressure wash and/or paint and 2) Door and Window openings— remove, replace, or repair all torn screens to comply with said Section(s) of the Code by the deadline, February 8, 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 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. Code Enforcement 2018-01-24 11 4.10 Case 07-18 —Continue to February 28, 2018 Metco Development Corp 1441 S Belcher Rd. Parking Lot/Exterior Surfaces/Exterior Storage/Lot Clearing/Graffiti/Fences— Cantrell Case 07-18 was continued automatically to February 28, 2018 4.11 Case 08-18 Steven & Valerie White 2466 Nash St. Res. Rental BTR— Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell said compliance had been met and requested a declaration of violation Attorney Smith submitted composite exhibits. Member 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 January 24, 2018, 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 a residential rental Business Tax Receipt 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) ) 3-2302, & 3-2303 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Code Enforcement 2018-01-24 12 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.12 Case 09-18 Celeste A Kroha 1919 Beckett Lake Dr. Exterior Surfaces — Hollifield Property owner Celeste Kroha admitted to issues with the outside of the house. 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 February 8, 2018 or a fine of$150 per day be imposed. She provided a property photograph presentation of the violation at 1919 Beckett Lake Drive for exterior surfaces. November 29, 2017 photographs showed mildew and peeling paint/siding on front and side exterior surfaces. January 19, 2018 photographs showed mildew and peeling paint/siding on side and rear exterior surfaces. She noticed the exterior surface violation when responding to a complaint about overgrown landscaping. Ms. Kroha said her neighbors harassed her and one had issues with her late husband. She said she was disabled, the house was in foreclosure, and she did not have funds to repaint the house which had a lifetime paint warranty. She complained that the City harassed her and should not have spoken to her boyfriend who did not own the house. Inspector Hollifield said she spoke to Ms. Kroha on numerous occasions. She said when she spoke to Ms. Kroha's boyfriend in the yard, he said the siding would be cleaned and he would look into the lifetime paint warranty. Michael W. Ells requested 60 days to match the paint on the siding as closely as possible. He said the mildew could be washed off. He said a neighborhood house was in worse condition. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violation on or before March 24, 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 January 24, 2018, 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 Code Enforcement 2018-01-24 13 CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.13, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all mold, mildew, rust, and loose materials, including peeling paint from exterior surfaces and patch, paint or resurface exterior surfaces to match existing or adjacent surfaces as to material, color, bond, and joining to comply with said Section(s) of the Code by the deadline, March 24, 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 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.13 Case 10-18 Luis Medina & Mildrey Carmenate 1211 E Druid Rd. Res. Grass Parking — Harris Through interpreter O'Niel Ruben, property owner Luis Medina admitted to the violation. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Christin Harris recommended compliance by January 29, 2018 or a fine of$150 per day be imposed. She provided a property photograph presentation of the violation at 1211 E Druid Road for residential grass parking. A December 7, 2017 photograph showed a vehicle parked in the middle of the grass and a driveway under construction, parallel to the legal driveway. A January 20, 2018 photograph showed 4 vehicles parked on the grass. The City issued a stop work order for the driveway project, which had a permit to be circular. She had no communication with the property owner. Code Enforcement 2018-01-24 14 Through the interpreter, Mr. Medina said he obtained a new permit when the original one expired. Assistant Planning & Development Director Gina Clayton said staff inspected the driveway today and determined the project was not consistent with the drawings; Mr. Medina needed to see the building department and resolve this issue before construction resumed. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before January 29, 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 January 24, 2018, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: residential grass parking. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.113.1, 3- 1407.A.5, & 3-1407.A.7, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove any vehicles parked in the grass. Only one vehicle may be parked on the grass, parallel and adjacent to the driveway and grass under the parked vehicle must be maintained to comply with said Section(s) of the Code by the deadline, January 29, 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 Code Enforcement 2018-01-24 15 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.14 Case 11-18 Rubio, Oscar Est. 1217 Druid Rd. Res. Grass Parking — Harris O'Niel Rubio said the property was in his late grandfather's name but the mortgage was in his name. He 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 Christin Harris recommended compliance by January 29, 2018 or a fine of$150 per day be imposed. She provided a property photograph presentation of the violation at 1217 Druid Road for residential grass parking. August 7 and November 27, 2017 and January 20, 2018 photographs showed vehicles illegally parked on the grass; vehicles were parked on the grass every day. Mr. Rubio said that was not the case since his grandfather passed. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violation on or before January 29, 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 January 24, 2018, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: residential grass parking. 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) 3-1403.113.1, 3- 1407.A.5, & 3-1407.A.7, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove any vehicles in the grass including the side and rear yards. Only one vehicle may be parked on the grass, parallel and adjacent to the driveway and grass under the parked vehicle must be maintained to comply with said Section(s) of the Code by the deadline, January 29, 2018. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Code Enforcement 2018-01-24 16 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.15 Case 12-18 Walter Borman 1429 Pinebrook Dr. Res. Rental BTR— Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met and requested a declaration of violation Attorney Smith submitted composite exhibits. Member 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 January 24, 2018, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition(s) related to residential rental Business Tax Receipt existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent was not present and had no representation. CONCLUSIONS OF LAW Code Enforcement 2018-01-24 17 The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-2302 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.16 Case 13-18 Tolulope M Olasunkanmi 109 Devon Dr. Short Term Rental/Res. Rental BTR— Phillips Property owner Tolulope Olasunkanmi admitted to the violations. 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 Julie Phillips recommended compliance by February 3, 2018 or a fine of$250 per day per violation be imposed. She provided a presentation of the 2 violations at 109 Devon Drive for short-term rental and renting without a BTR (Business Tax Receipt). A November 28, 2017 photograph showed the front of the subject property. Prima facie evidence - Screenshots re 109 Devon Drive: 1) November 28, 2017 airbnb vacation rental website advertised 2-night minimum rental and a detailed 7-night rate quote and 2) January 21, 2018 Flipkey vacation rental website advertised nightly and weekly rates and 2-night minimum rental. Inspector Phillips said in September 2017 the City had denied Mr. Olasunkanmi's mailed BTR application for a weekly, monthly, or longer residential rental, as it did not meet Code requirements re minimum length of rentals. In response to a question, Attorney for the Board Andy Salzman said property owners previously testified regarding difficulties removing rental advertisements from the web. Mr. Olasunkanmi said he lived in Philadelphia. He said he had terminated his contract with the previous property manager to make no more bookings after August 2017 and cancel all bookings after January 2018. He said the previous property manager was responsible for website advertisings and he would call them again to make sure they canceled them. He did not know how Code Enforcement 2018-01-24 18 to cancel the websites and expressed concern he would be unable to remove the advertisements from the web. He said the booking made by Inspector Phillips was not confirmed. He said he would apply for a new BTR. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before February 3, 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. This case came before the City of Clearwater Municipal Code Enforcement Board on January 24, 2018, 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: short-term rental and residential rental Business Tax Receipt. 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, & 3- 2302, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) BTR (Business Tax Receipt): submit application for a Residential Rental Business Tax Receipt and pay the yearly fee and 2) Illegal Short-Term Rental: rent the property for at least 31 days or one calendar month whichever is less and adjust all websites: a) to show the 31-day or 1 calendar month requirement, whichever is less; b) remove all daily and weekly rates, reviews and discounts; and c) update 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, February 3, 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 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 Code Enforcement 2018-01-24 19 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 24th day of January 2018, at Clearwater, Pinellas County, Florida. 4.17 Case 14-18 - Continue to 2/28/18 Louis &Angeline Chaconas 1736 Drew St. Sign Maintenance/Signage without Permits — Knight Case 14-18 was continued automatically to February 28, 2018 4.18 Case 15-18 - Continue to 2/28/18 AEC 1475 Sunset Point LLC 1475 Sunset Point Rd. Attached Signs— Knight Case 15-18 was continued automatically to February 28, 2018. 4.19 Case 16-18 - Continue to 2/28/18 Anahi Mejia La Reina de Mexico Inc. 1400 Gulf-to-Bay Boulevard Freestanding Discontinued Sign — Knight Case 16-18 was continued automatically to February 28, 2018. 4.20 Case 17-18 - Continue to 2/28/18 VAC Properties Inc 1719 Drew St. Sign Maintenance/Window Signs - Knight Case 17-18 was continued automatically to February 28, 2018. 5. UNFINISHED BUSINESS 5.1 Case 73-16 Affidavit of Compliance Huewitt, Laura J Est. 1118 Carlton St. Inoperative Vehicle— Devol 5.2 Case 109-16 Affidavit of Compliance Ida E. Ellis 1428 Barbara Ave. Abandoned Building — Knight 5.3 Case 64-17 Affidavit of Compliance Javier Gutierrez 841 Howard St. Exterior Storage—Alston Code Enforcement 2018-01-24 20 5.4 Case 30-17 Affidavit of Compliance 3 J J J's LLC 1508 Tilley Ave. Parking Lot Surfaces/Ext. Storage/BTR— Knight 5.5 Case 38-17 Affidavit of Compliance 3 J J J's LLC 1512 Tilley Ave. Parking Lot Surfaces/Residential Rental BTR— Knight 5.6 Case 93-17 Affidavit of Compliance Society St Vincent de Paul Council Pin Cnty Inc. 1339 Park St. Exterior Surfaces — Fletcher 5.7 Case 137-17 Affidavit of Compliance Stanley &Anne Tsai 101 Waverly Way Parking Lot Surfaces/Exterior Surfaces/Door &Window— Brown 5.8 Case 138-17 Affidavit of Compliance Brkljacic, George P Living Trust 206 S Betty Ln. Parking Lot Surfaces — Brown 5.9 Case 147-17 Affidavit of Compliance William Ortiz 2023 Alpine Rd. Residential Rental BTR— Knight 5.10 Case 148-17 Affidavit of Compliance First Postulate LLC 1011 Pinebrook Dr. Residential Rental BTR— Knight 5.11 Case 152-17 Affidavit of Compliance North Shore Park 14 Land Trust Nichols, Petr Tre 400 Lebeau St. Construction Material/Residential Rental BTR— Devol 5.12 Case 159-17 Affidavit of Compliance Frank & Emily Robson 1228 Grove St. Exterior Surfaces - Stewart 5.13 Case 162-17 Affidavit of Compliance 1459 Pierce St Land Trust 1459 Pierce St. Exterior Surfaces — Fletcher Code Enforcement 2018-01-24 21 5.14 Case 163-17 Affidavit of Compliance Edna M Diaz 612 S Lake Dr. RV in R-O-W— Fletcher 5.15 Case 164-17 Affidavit of Compliance Trust No 1471 WS 1471 Woodbine St. Hauling Trailer/Res. Grass Parking — Knight 5.16 Case 167-17 Affidavit of Compliance Asem Hasan 1105 Court St. Prohibited Signage/Attached Signage in Non-Residential District— Knight 5.17 Case 171-17 Affidavit of Compliance Altner, Martin L Trust 210 Waverly Way Parking Lot Surfaces — Brown 5.18 Case 177-17 Affidavit of Compliance Kim Lynn Matthiesen 701 Vine Ave. Exterior Storage/Unmaintained R-O-W—Stewart 5.19 Case 182-17 Affidavit of Compliance Rajesh Kumar 203 Brigadoon Dr. Exterior Surfaces — Brown 5.20 Case 195-17 Affidavit of Compliance Cobra Investment Real Estate LLC 1379 Turner St. Short Term Rental - Phillips 5.21 Case 71-17 Affidavit of Non-Compliance Anthony Michael Desandro 1314 Kings Highway Door &Window Openings— Knight 5.22 Case 136-17 Affidavit of Non-Compliance Eduart & Elena Papadhami 1316 Pierce St. Exterior Surfaces — Knight 5.23 Case 149-17 Affidavit of Non-Compliance Kimberley Jones 3180 San Pedro St. Exterior Surfaces/Roof Maintenance— Brown Code Enforcement 2018-01-24 22 5.24 Case 152-17 Affidavit of Non-Compliance North Shore Park 14 Land Trust Nichols, Petr Tre 400 Lebeau St. Inoperative Vehicle/Hauling Trailer— Devol 5.25 Case 153-17 Affidavit of Non-Compliance Jones, Ruth I Est. 1428 San Juan Ct. Exterior Surfaces — Devol 5.26 Case 171-17 Affidavit of Non-Compliance Altner, Martin L Trust 210 Waverly Way Exterior Surfaces — Brown Member Johnson moved to accept the Affidavit of Compliance for Cases 73-16, 109-16, 64-17, 30- 17, 38-17, 93-17, 137-17, 138-17, 147-17, 148-17, 152-17, 159-17, 162-17, 163-17, 164-17, 167- 17, 171-17, 177-17, 182-17, and 195-17 and to accept the Affidavit of Non-Compliance and issue the Order imposing fines for Cases 71-17, 136-17, 149-17, 152-17, 153-17, and 171-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 56-12 Request for Lien Reduction Timothy & Janice Amburgy 2813 Long View Dr. Door &Window Openings— Fletcher Katie Shoultz, with Keller Williams, said property owners Timothy and Janice Amburgy lived in North Carolina and had a pending offer for a short sale. The property was in compliance. She requested a reduction in the lien to administration costs to allow the sale to proceed. The January 31, 2018 closing date would be extended. Secretary to the Board Nicole Sprague said the lien was $206,550. Attorney Salzman said administration costs were $1,404.20. Staff discussion ensued regarding the request. The MCEB (Municipal Code Enforcement Board) recessed from 3:23 to 3:30 p.m. Attorney Salzman said the property had been in compliance for more than a year. He recommended the MCEB reduce the lien to administration costs payable within 30 days. Ms. Shoultz requested additional time for the property owners to pay administration costs. Member Engel moved to enter an order reducing the fine for Case 56-12 to administration costs of $1,404.20 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on January 24, 2018, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. Code Enforcement 2018-01-24 23 After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated December 19, 2012, as recorded in O.R. Book 19469, Pages 2693-2694 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,404.20 payable to the Petitioner by February 23, 2018. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$206,550.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 24th day of January 2018, at Clearwater, Pinellas County, Florida. 6.2 Case 52-16 Request for Lien Reduction Timothy & Janice Amburgy 2813 Long View Dr. Abandoned Bldg./Exterior Surfaces - Harris Attorney Salzman said the property was in compliance. Administration costs were $1,261.20. Ms. Sprague said the lien was $33,500. Member Johnson moved to enter an order reducing the fine for Case 52-16 to administration costs of$1,261.20 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on January 24, 2018, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated September 28, 2016, as recorded in O.R. Book 19427, Pages 2693—2694 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,261.20 payable to the Petitioner by February 23, 2018. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$33,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 24th day of January 2018, at Clearwater, Pinellas County, Florida. 6.3 Case 30-17 Request for Lien Reduction - Continue to 2/28/18 3 J J J's LLC 1508 Tilley Ave. Parking Lot Surfaces/Ext. Storage/BTR— Knight Case 15-18 was continued automatically to February 28, 2018. Code Enforcement 2018-01-24 24 6.4 Case 38-17 Request for Lien Reduction - Continue to 2/28/18 3 J J J's LLC 1512 Tilley Ave. Parking Lot Surfaces/Residential Rental BTR— Knight Case 38-17 was continued automatically to February 28, 2018. 6.5 Case 73-17 Request for Lien Reduction - Continue to 2/28/18 D Guy Prop Inc McMullen 1901 Edgewater Dr. Abandoned Building — Knight Case 73-17 was continued automatically to February 28, 2018. 6.6 Case 36-15 Extension of Stipulation & Agreement N & M Investment Property LLC 809 Turner St. Exterior Storage/Exterior Surfaces — Fletcher Attorney Smith said he had been in contact with Realtor Frank Aggio. The Building Inspector reported progress made toward compliance. To complete required repairs, Mr. Aggio requested extending the Stipulation & Agreement to March 1, 2018. Member Prast moved to extend the Stipulation &Agreement for Case 36-15 to March 15, 2018. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request to extend the Stipulation and Agreement at a hearing held on January 24, 2018, and enters the following Order: After considering the request to again extend the Stipulation and Agreement, which required that Owner and Buyer close on the sale of the property by November 6, 2017, it is evident that extending the date by which Owner and Buyer must close to March 15, 2018 is appropriate and in the best interest of the Petitioner and the Respondent in the above-referenced case. Therefore, it is the Order of this Board that the close by date of the previous Stipulation and Agreement extension previously executed on September 27, 2017 is hereby extended to March 15, 2018. DONE AND ORDERED this 24th day of January 2018, at Clearwater, Pinellas County, Florida. 6.7 Election of Chair/Vice Chair Member Prast moved to reappoint Wayne Carothers as Chair. The motion was duly seconded and carried unanimously. Member Johnson moved to appoint Robert Prast as Vice Chair. The motion was duly seconded and carried unanimously. Code Enforcement 2018-01-24 25 7. NUISANCE ABATEMENT LIEN FILINGS: BETHEL CHRISTIAN CENTER CHURCHINC 1500 N MARTIN LUTHER KING JR PNU2017-00781 AVE 10-29-15-61758-002-0080 $370.00 BETHEL CHRISTIAN CENTER CHURCHINC 1003 MARSHALL ST PNU2017-00857 10-29-15-61758-002-0070 $395.00 BETHEL CHRISTIAN CENTER CHURCHINC 1001 MARSHALL ST PNU2017-00858 10-29-15-61758-002-0060 $395.00 BETHEL CHRISTIAN CENTER CHURCHINC 1007 MARSHALL ST PNU2017-00859 10-29-15-61758-002-0081 $370.00 FRANKLYN SEECHARAN 1355 S MADISON AVE PNU2017-00952 22-29-15-48978-009-0020 $407.00 V N LLC 404 PALM BLUFF ST PNU2017-01069 09-29-15-65448-000-0240 $552.50 BASSETT, WILLIAM L TRUST BASSETT, MARGARET J TRUST 301 BAKER AVE PNU2017-01077 11-29-15-32850-000-0770 $420.00 JAMES 1 LLC 801 HOWARD ST PNU2017-01104 22-29-15-07938-010-0010 $403.30 PACE TECH PROPERTIES INC 507 N GARDEN AVE PNU2017-01214 09-29-15-37422-002-0151 $400.00 Code Enforcement 2018-01-24 26 FRANK BLAINEY ISABELLE V BLAINEY 3172 WESSEX WAY 17- 28 -16- 18655- 000 -0650 PNU2017 -01247 $780.80 MAGNOLIA GREEN 806 CARLTON ST PNU2017 -01418 10- 29 -15- 51948 - 003 -0070 $220.00 QUILLEN, ELIZABETH A EST 2484 CHAUCER ST PNU2017 -01487 18- 29 -16- 34542 - 002 -0140 $407.50 ROBITAILLE, HILDEGARD H EST 1288 BURMA AVE PNU2017 -01510 19- 29 -16- 92322 - 003 -0080 $370.00 CHRISTINE RILEY STELLA MAZUR 3319 SAN BERNADINO ST PNU2017 -01520 09- 29 -16- 20826- 000 -4870 $670.00 Member Prast moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 3:40 p.m. Attest: Secre ary to the Bard Chair, M al Code Enforcement Board Code Enforcement 2018 -01 -24 27