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02/28/2018 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 28, 2018 Present: Chair Wayne Carothers, Vice Chair Robert Prast, Board Member James E. Strickland, Board Member Joseph A. Nycz, Board Member Daniel Engel, Board Member Sue A. Johnson, Board Member Michael Mannino 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 January 24, 2018 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the January 24, 2018 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: James and Laura Green said the City had failed to provide proper code enforcement services re a security light, failed to issue a fence permit for their owner-occupied property, and violated public records law by not providing a copy of the notated original Stop Work Order filed against him. Assistant City Attorney Matt Smith said the MCEB (Municipal Code Enforcement Board) had no authority over these issues and recommended the Greens contact the Planning & Development Department with their complaints. 4. PUBLIC HEARINGS 4.1 Case 193-17 - Cont'd from 12/20/17 Beatrice L Haglund 511 Dora Dr. Exterior Surfaces - Hollifield No one was present to represent the Respondent. Inspector Sherry Hollifield said compliance had been met and requested a declaration of violation for exterior surfaces. Attorney Smith submitted composite exhibits. Code Enforcement 2018-02-28 1 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 February 28, 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 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.2 Case 199-17— Cont'd from 12/20/17 & 1/24/18 Hunterwood Assoc. Ltd Ptnsp Starcrest Vill Apt Ltd Ptn 200 Starcrest Dr. Signage without Permits - Knight No one was present to represent the Respondent. Inspector Daniel Knight said compliance had been met and requested a declaration of violation for signage without permits. Code Enforcement 2018-02-28 2 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 February 28, 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 signage erected without a permit 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) 3-1807.A & 4-1002 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.3 Case 200-17— Cont'd from 12/20/17 & 1/24/18 Hunterwood Assoc. Ltd Ptnsp - Starcrest Vill Apt Ltd Ptn 200 Starcrest Dr. Signage without Permits - Knight No one was present to represent the Respondent. Code Enforcement 2018-02-28 3 Inspector Daniel Knight said compliance had been met and requested a declaration of violation for signage without permits. 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 February 28, 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 signage erected without a permit 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) 3-1807.A & 4-1002 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.4 Case 07-18 —Cont'd from 01/24/18— Continue to 3/28/18 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 March 28, 2018 Code Enforcement 2018-02-28 4 4.5 Case 14-18 —Cont'd from 01/24/18 Louis &Angeline Chaconas 1736 Drew St. Sign Maintenance/Signage without Permits — Knight No one was present to represent the Respondent. Inspector Daniel Knight said compliance had been met and requested a declaration of violation for sign maintenance and signage without permits. 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 February 28, 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 signage erected with a permit and 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, 3-1807.113.3.a, &4-1002 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. Code Enforcement 2018-02-28 5 DONE AND ORDERED this 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.6 Case 15-18 - Cont'd from 01/24/18 AEC 1475 Sunset Point LLC 1475 Sunset Point Rd. Attached Signs— Knight No one was present to represent the Respondent. Inspector Daniel Knight said the property owner had left the meeting early. He said compliance had been met and requested a declaration of violation for attached signs. 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 February 28, 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 signage erected without permit 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) 3-1807.113.3.a &4-1002 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 Code Enforcement 2018-02-28 6 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.7 Case 16-18 - Cont'd from 01/24/18— Continue to 3/28/18 Anahi Mejia La Reina de Mexico Inc 1400 Gulf-to-Bay Boulevard Freestanding Discontinued Sign — Knight Case 16-18 was continued automatically to March 28, 2018. 4.8 Case 17-18 - Cont'd from 01/24/18 VAC Properties Inc. 1719 Drew St. Sign Maintenance/Window Signs - Knight No one was present to represent the Respondent. Inspector Daniel Knight said compliance had been met and requested a declaration of violation for sign maintenance and window signs. 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 February 28, 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 window signage and 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, & 3-1805.0 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. Code Enforcement 2018-02-28 7 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.9 Case 18-18 1201-1215 Drew Street LLC 1215 Drew St. Exterior Surfaces/Parking Lot Surfaces/Exterior Storage - Stewart Property owner Perry Rauhani said violations were repaired and the property was in compliance. Inspector Allie Stewart said compliance had been met and requested a declaration of violation for exterior surfaces, parking lot surfaces, and exterior storage. 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 February 28, 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 exterior storage, exterior surfaces, and parking lot surfaces and striping existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1502.113, 3-1403.A, 3-1502.K.4, 3-1404.113, 3-1502.F.1, 3-1502.G.2, & 3-1503.113.6 as referred to in the Affidavit in this case. ORDER Code Enforcement 2018-02-28 8 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.10 Case 19-18 T X Central R E Investments LLC 1201 Brigadoon Dr. Exterior Surfaces - Brown 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 Shelby Brown said the development's homeowners association had asked the City for assistance in addressing Code violations re exterior surfaces. Inspector Brown recommended compliance for exterior surfaces by March 30, 2018 or a fine of$150 per day be imposed. February 23, 2018 property photographs showed missing paint and mildew on the chimney, siding, and patio. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before March 30, 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 February 28, 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 and had no representation. CONCLUSIONS OF LAW Code Enforcement 2018-02-28 9 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 workmanlike manner (stucco, trims, soffits, fascia, etc.), 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, March 30, 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.11 Case 20-18 Charles Lykes, Jr. 1601 Brigadoon Dr. Exterior Surfaces - Brown 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 Shelby Brown recommended compliance for exterior surfaces by March 30, 2018 or a fine of$150 per day be imposed. A July 13, 2017 property photograph showed damaged peeling siding. December 13, 2017 property photographs showed exterior surfaces had mildew, rust, discoloration, and peeling paint. The Notice of Violation was issued on August 1, 2017. She will continue working with the homeowners association. Attorney Smith submitted composite exhibits. Code Enforcement 2018-02-28 10 Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before March 30, 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 February 28, 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 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 repair and/or replace all damaged/ deteriorated structural & decorative elements in a workmanlike 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 building walls in a secure and attractive manner to comply with said Section(s) of the Code by the deadline, March 30, 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. Code Enforcement 2018-02-28 11 4.12 Case 21-18 Michael Foster 2501 Brigadoon Dr. Exterior Surfaces/Exterior Storage - Brown No one was present to represent the Respondent. Member Mannino 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 for the 2 violations for exterior surfaces and exterior storage by March 30, 2018 or a fine of$150 per day per violation be imposed. December 8, 2018 property photographs showed significant mildew on exterior surfaces and multiple items including a screen door, gasoline container, wood, etc. stored on the back patio. She met the owner for the first time last Friday. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before March 30, 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 February 28, 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 Storage and 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, 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 1) Exterior Surfaces: repair and/or replace all damaged /deteriorated structural & decorative elements in a workmanlike manner (stucco, trims, soffits, fascia, etc.), remove all mildew, peeling paint, and other loose materials, repaint all affected to match the existing or adjacent surfaces and maintain building walls in a secure and attractive manner and 2) Exterior Storage: clear exterior of property of items not intended or designed for outdoor use, including but not limited to wood planks, wood pieces, discarded toilet tank, gas canister, tarps, interior furnishings, discarded or damaged materials, plastic storage bins, etc. to comply with said Section(s) of the Code by the deadline, March 30, 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 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 2018-02-28 12 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.13 Case 22-18 Jacqueline Ann Omes 3604 Brigadoon Cir. Exterior Surfaces - Brown No one was present to represent the Respondent. Member Mannino 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 for exterior surfaces by March 30, 2018 or a fine of$150 per day be imposed. February 23, 2018 property photographs showed exterior surfaces were discolored and the rain gutter, fascia, and flashing were damaged. Attorney Smith submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before March 30, 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 February 28, 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 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. Code Enforcement 2018-02-28 13 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 workmanlike manner (flashing, trims, soffits, fascia, etc.), repair or remove damaged rain gutter, remove all mildew, peeling paint, and other loose materials, repaint all affected areas to match the 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, March 30, 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.14 Case 23-18 Troy A Brandt 2410 Parkstream Ave. Roof Maintenance - 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 recommended compliance for roof maintenance by March 30, 2018 or a fine of$150 per day be imposed. February 21, 2018 photographs showed the majority of the roof covered with a blue tarp and mildewed and broken tiles. The house was not occupied. Neighbors had complained about the roof. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before March 30, 2018. If the Respondent does not comply within the time specified, the Board may Code Enforcement 2018-02-28 14 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 February 28, 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: roof maintenance and clean roof. 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.D.1 & 3- 1502.D.3, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall maintain the roof in a safe, secure, and watertight condition and in a clean, mildew-free condition, free of trash, loose shingles, tarps or debris and if repairs are necessary and require a permit, apply and obtain the necessary permit to comply with said Section(s) of the Code by the deadline, March 30, 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.15 Case 24-18 George K& Maryan Beardsley 1504 Brigadoon Dr. Exterior Surfaces — Brown Code Enforcement 2018-02-28 15 No one was present to represent the Respondent. Member Mannino 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 for exterior surfaces by March 30, 2018 or a fine of$150 per day be imposed. A July 13, 2017 property photograph showed mildew on exterior stucco, paint on deteriorating siding did not match nearby exterior surfaces, and a joint separating from the siding. January 16, 2018 property photographs showed mildew and discoloration on exterior surfaces, eaves in poor condition, and a hole in the fascia that could provide vermin access to the attic. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before March 30, 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 February 28, 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 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 repair and/or replace all damaged /deteriorated structural & decorative elements in a workmanlike 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 building walls in a secure and attractive manner to comply with said Section(s) of the Code by the deadline, March 30, 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 Code Enforcement 2018-02-28 16 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.16 Case 25-18 1465 Laura Street Trust Redstone Capital LLC Tre 1465 Laura St. Parking Lot Surfaces — 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 parking lot surfaces by March 10, 2018 or a fine of$150 per day be imposed. January 19 and February 16, 2018 photographs showed the triplex's parking lot surfaces were damaged and deteriorated with cracks and potholes. The property owner was noticed re the violation in June 2017; Inspector Fletcher's last communicated with the property owner on August 1, 2017. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before March 10, 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 February 28, 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: Parking Lot Surfaces. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1403.A& 3-1502.K.4, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair and/or improve the driveway so it is free of pot holes, cracks, heaves and debris, maintain the parking surface thereafter, and promptly Code Enforcement 2018-02-28 17 repair when needed to comply with said Section(s) of the Code by the deadline, March 10, 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.17 Case 26-18 Charles D & Sandra L Snider 1545 Laura St. Exterior Surfaces/Windows Maintenance/Clean Roof/Lot Clearing - Fletcher Property owner Charles Snider 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. The motion was duly seconded and carried unanimously. Inspector Vicki Fletcher provided a PowerPoint presentation. A notice of violation was issued on October 27, 2017, following the first inspection. The 4 violations at 1545 Laura Street related to exterior surfaces, windows maintenance, clean roof, and lot clearing. Inspector Fletcher took photographs of the subject property's backyard from a neighbor's yard. October 25, 2017 property photographs showed deteriorated exterior surfaces with mildew, mold, peeling paint and rotten wood, a broken window taped shut, peeling paint and rust on front door overhang, missing paint on front door, debris on the roof, and an overgrown backyard with dead vegetation. January 22, 2018 property photographs showed crumbling plaster around a missing window partially covered with screening, metal, and concrete block, the taped window and partially painted front door, deteriorated wood around the air-conditioner unit, and debris remaining after removal of some backyard vegetation. Inspector Fletcher said a complaint had been made re property overgrowth. After an onsite tree knocked out power, the power company would not make repairs until the trees were removed. She had communicated with the property owners. Code Enforcement 2018-02-28 18 Mr. Snider said Tropical Storm Hermine and Hurricane Irma had caused significant damage to his property and knocked down 5 trees, which he spent a lot of money to remove so his electricity would be restored. He said one of his trees landed on a neighbor's shed and he gave the neighbor$400 to cover damages. He said the insurance check to cover storm damages was issued to him and his former mortgage company. He said his wife had many health issues and until the insurance payment was correctly issued, he had no money to make repairs. He said he worked weekends to clean out the yard and was doing the best he could. It was recommended that Mr. Snider contact a charity organization that may help him; staff was requested to provide him that information. It was suggested that Mr. Snider start by clearing the roof and painting the front door. Inspector Fletcher recommended compliance by March 21, 2018 or a fine of$150 per day per violation be imposed. Consensus was that repair work could not be completed by the recommended deadline. Mr. Snider requested as much time as possible to make repairs. Attorney Smith submitted composite exhibits. Member Nycz moved to enter an order requiring the Respondent to correct the violations on or before April 29, 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 February 28, 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 4 violations exist: Exterior Surfaces, Windows Maintenance, Clean Roof, and Lot Clearing. 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.C.3, 3- 1502.D.3, 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: 1) Exterior Surfaces: repair and/or replace all damaged /deteriorated structural & decorative elements in a workmanlike 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; 2)Windows: repair and/or replace all broken windows; 3) Dirty Roof: remove all debris from roof and maintain it in a clean mildew-free condition; and 4) Lot Clearing: remove all debris and maintain the property to comply with said Section(s) of the Code by the deadline, April 29, 2018. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Code Enforcement 2018-02-28 19 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.18 Case 27-18 Brice M Sayles 604 Spencer Ave. Lot Clearing/Fences - Fletcher No one was present to represent the Respondent. Member Mannino 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 2 violations for lot clearing and fences by March 21, 2018 or a fine of$150 per day per violation be imposed. Property photographs on November 3 and December 12, 2017 and February 16, 2018 showed stacked fencing on the ground and piled behind the shed, debris everywhere, fence posts, and portions of the fence leaning, missing, or collapsed. The tenant said his agreement with the owner required him to maintain the property but he was unable to obtain a permit for the fence because he was not the property owner. The City did not have the property owner's current address in North Carolina and could not contact him. Inspector Fletcher said the tenant could have cleaned up the debris; no changes had occurred to the property since November. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before March 21, 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 February 28, 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 2018-02-28 20 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 2 violations exist: Lot Clearing and Fences. 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.K.1, 3-1503.13.7, 3-1503.13.8, 3-802.F, 3-803.A, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, & 3- 808.A.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Fence: remove, replace, or repair the entire fence and 2) Lot Clearing: remove all debris from the property to comply with said Section(s) of the Code by the deadline, March 21, 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.19 Case 28-18 Jose A& Patricia R Ferrer 1468 Cleveland St. Exterior Surfaces - Fletcher Property owner Jose Ferrer admitted to the violation. Member Mannino 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 2018-02-28 21 Inspector Vicki Fletcher recommended compliance for exterior surfaces by March 18, 2018 or a fine of $150 per day be imposed. February 16, 2018 property photographs showed exterior surfaces with peeling paint, mildew, mold, cracked and missing plaster, discoloration, rust, staining, and rotted wood. Mr. Ferrer said he did not have money to make the repairs or know people who could help him. He said he would try to complete repairs within 60 days. Attorney Smith submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before April 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 February 28, 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. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-152.113, 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 rotted wood and pressure wash and/or paint the entire building to remove all peeling paint and or mildew to comply with said Section(s) of the Code by the deadline, April 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 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 2018-02-28 22 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.20 Case 29-18 Emanuel & Dimitra Rev Liv Trust Agreement Kotakis Kotakis, Emanuel Tre 1141 Court St. Temporary Signs - Knight Elefteria Mantzaris said she represented her father Emanuel Kotakis and admitted to the violation, indicating the tenants kept displaying the signs. Member Mannino 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 for temporary signs by March 28, 2018 or a fine of $150 per day be imposed. An October 24, 2017 property photograph showed the nonpermitted illegal signs illegally placed on the right-of-way. January 22 and February 26, 2018 property photographs showed the nonpermitted illegal signs properly placed next to the businesses. Inspector Knight reviewed Code requirements for temporary signs. He did not speak to the tenants. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before March 28, 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 February 28, 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: Criteria and Limitations for Sidewalk Signs. 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) 3-1806.A, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all prohibited style sidewalk signs from the property, obtain an annual permit if a sidewalk sign is desired, and follow all ordinances presented in Table 3-1806.1 a to comply with said Section of the Code by the deadline, March 28, 2018. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Code Enforcement 2018-02-28 23 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.21 Case 30-18 Hupp Retail G T B LLC 2345 Gulf-to-Bay Boulevard Discontinued Signs - Knight 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 Daniel Knight recommended compliance for the discontinued sign by March 14, 2018 or a fine of$150 per day be imposed. September 18, 2017 and January 12, 2018 property photographs showed the former Saturn dealership's monument sign. The property manager said the sign would be removed. A February 26, 2018 property photograph showed the monument structure flat on the ground. Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before March 14, 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 February 28, 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 Code Enforcement 2018-02-28 24 Based upon the testimony and evidence received, it is evident that 1 violation exists: Discontinued Sign. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1804.D, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove the discontinued sign structure from the property to comply with said Section(s) of the Code by the deadline, March 14, 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 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.22 Case 31-18 Imer & BetijeTzekas 1337 N Highland Ave. 1 Sign Maintenance - Knight 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 Daniel Knight recommended compliance for sign maintenance by March 28, 2018 or a fine of$150 per day be imposed. October 9, 2017, January 17 and February 16, 2018 property photographs showed the freestanding sign had peeling paint and faded sign elements. After he reviewed the necessary repairs on February 16, 2018, the property owner said the work would be done. Code Enforcement 2018-02-28 25 Attorney Smith submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before March 28, 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 February 28, 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: Sign 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) 3-1502.1 & 3-1805.Q.2, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repair the signs and sign structure so it is in a good condition, free of any damage, rust, faded and/or peeling paint/elements to comply with said Section(s) of the Code by the deadline, March 28, 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 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. Code Enforcement 2018-02-28 26 4.23 Case 32-18 —Withdrawn. Magnolia Green 806 Carlton St. Residential Grass Parking - Phillips Case 32-18 was withdrawn. 4.24 Case 33-18 Randall Crouse 320 Island Way 103 Short-Term Rental - Phillips Property owner Randall Crouse 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 March 5, 2018 or a fine of$250 per day be imposed. Prima facie evidence: 1) Screenshots of VRBO (Vacation Rental by Owner) vacation rental website on January 5, 2018 — property offered for rent for minimum 7 and 30 nights, a calendar overlap showing availability for short-term rentals, and a detailed 14-night rate quote; 2) Screenshots of VRBO vacation rental website on January 31, 2018 — property offered for rent for minimum 7 and 30 nights, and a detailed 14-night rate quote; and 3) Screenshot of VRBO vacation rental website on February 27, 2018 — property offered for rent for minimum 7 and 30 nights. Mr. Crouse said he had amended his advertisement to allow a minimum 30-night stay; VRBO site did not provide ability to require a 31-night minimum stay. Inspector Phillips reviewed the Code re short-term rentals. The subject site still listed a minimum 7- night rental. Mr. Crouse requested additional time as guests were arriving in April. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before March 5, 2018. If the Respondent does not comply within the time specified, the Board may 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 February 28, 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: 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. Code Enforcement 2018-02-28 27 ORDER It is the Order of the Board that the Respondent(s) shall rent the property for at least 31 days or one calendar month whichever is less, remove all daily and weekly rental rates, reviews and discounts, and update ALL websites and 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, March 5, 2018. 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.25 Case 34-18 Joseph & Denise Scheman 1608 Harvard St. Short-Term Rental - Phillips Property owner Denise Scheman said the property was in compliance. Inspector Julie Phillips said compliance had been met for the short-term rental 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 2018-02-28 28 This case came before the City of Clearwater Municipal Code Enforcement Board on February 28, 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 illegal short- term rental existed; however, it is further evident this/these condition(s) was/were corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 1-104.113, & 3-919 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.26 Case 35-18 Thomas Rizkovsky 1384 Seabreeze St. Exterior Storage/Res. Rental BTR— Harris 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 Christin Harris recommended compliance for exterior storage and residential rental BTR (Business Tax Receipt) by March 7, 2018 or a fine of$150 per day per violation be imposed. Neighbors made drug allegations about the property and complained the house was operated as a boarding house which the property owner denied. Inspector Harris was unable to access the property. Her only communication with the property owner was via email. Police Chief Slaughter's January 11, 2018 email indicated the Police Department received 2 calls in the past 6 months re tenant/landlord issue at the subject property related to the tenant not following house rules. September 5, 2017 and Code Enforcement 2018-02-28 29 February 22, 2018 property photographs showed the outdoor storage of a large number of miscellaneous items. The City did not inspect properties before issuing BTRs. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violations on or before March 7, 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 February 28, 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 Storage and Residential Rental Business Tax Receipt. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.1, 3-1502.G.2, & 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) Outdoor Storage: remove/clear any outdoor storage items not intended for outdoor use including unused materials, interior furnishings, equipment, construction materials, and other miscellaneous items and 2) Residential Rental BTR (Business Tax Receipt): submit an application for a local residential rental BTR along with payment of $31.50 and a BTR be issued to comply with said Section(s) of the Code by the deadline, March 7, 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 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 Code Enforcement 2018-02-28 30 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.27 Case 36-18 T A H 2015-1 Borrower LLC 1309 Barry St. Hauling Trailer/Res. Rental BTR - Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met re the residential rental BTR (Business Tax Receipt) and requested a declaration of violation. Member Mannino 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 residential rental BTR, 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. Inspector Harris said the hauling trailer was not in compliance. 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 re the hauling trailer. The motion was duly seconded and carried unanimously. Inspector Harris recommended compliance for the hauling trailer by March 14, 2018 or a fine of$150 per day be imposed. The property owner was working with the tenant to comply. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation re hauling trailer on or before March 14, 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 February 28, 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: hauling trailer in area between principal structure and right-of-way. It also is evident conditions related to Residential Rental Business Tax Receipt existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent was not present and had no representation. CONCLUSIONS OF LAW Code Enforcement 2018-02-28 31 The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1407.A.2.c, 3- 1407.A.3.c & 3-2303, as referred to in the Affidavit in this case. 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 the Board that the Respondent(s) shall relocate and store the hauling trailer behind a 6-foot solid fence, wall or hedge and be parked on an approved surface such as asphalt, concrete or pavers to comply with said Section(s) of the Code by the deadline, March 14, 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 Residential Rental Business Tax Receipt. 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 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 28th of February 2018, at Clearwater, Pinellas County, Florida. 4.28 Case 37-18 Bay Properties One LLC 600 Wildwood Way Common Area Res. Rental BTR - Harris No one was present to represent the Respondent. Member Mannino 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 re residential rental BTR (Business Tax Receipt) by March 12, 2018 or a fine of$150 per day be imposed. While the required State license could take Code Enforcement 2018-02-28 32 up to 30 days to obtain, the property owner already had sufficient time to receive one. The property owner could start the application process with the City at any time but the City would not issue a BTR until the owner submitted a State license. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before March 12, 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 February 28, 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 Rental Business Tax Receipt. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-2302, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall submit application for a local Residential Rental Business Tax Receipt along with payment of$53.60 and proof of a state license issued by the Department of Business and Professional Regulation for apartment rentals (18 units) to comply with said Section(s) of the Code by the deadline, March 12, 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. Code Enforcement 2018-02-28 33 DONE AND ORDERED this 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.29 Case 38-18 311 Betty Lane LLC 311 S Betty Ln. Res. Rental BTR - Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met for the residential rental BTR (Business Tax Receipt) 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 February 28, 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 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. 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 Code Enforcement 2018-02-28 34 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.30 Case 39-18 Deborah R Hampton 1357 Young Ave. Exterior Storage - Harris No one was present to represent the Respondent. Inspector Christin Harris said compliance had been met re exterior storage 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 February 28, 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 exterior storage 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.G.1 & 3- 1502.G.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. Code Enforcement 2018-02-28 35 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 4.31 Case 40-18 Ian Earl Lear, Jr. Sherie Lynne Lear 1559 S Fredrica Ave. Exterior Storage - Harris Property owner Ian Lear, Jr. admitted to the violation but said the property was now in compliance. 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 for exterior storage by March 10, 2018 or a fine of $150 per day be imposed. A December 4, 2017 property photograph showed the exterior storage of a large number of miscellaneous items on the front porch and by the garage. A February 22, 2018 property photograph showed most of the exterior storage had been removed but a number of miscellaneous items remained by the front porch and garage. Mr. Lear presented photographs of his property showing all exterior storage items had been removed from the front and side of the house. Attorney Smith submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before March 10, 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 February 28, 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 Storage. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section(s) 3-1502.G.2, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove/clear any outdoor storage items not intended for outdoor, including unused materials, interior furnishings, equipment, construction materials, and other miscellaneous items to comply with said Section(s) of the Code by the deadline, Code Enforcement 2018-02-28 36 March 10, 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 28th day of February 2018, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 111-17 Affidavit of Compliance Ibrahim Ghobrial & Shahinaz Kaldas 1445 S Missouri Ave. Exterior Surfaces — Harris 5.2 Case 129-17 Affidavit of Compliance Lincoln Ave Land Co 1283 S Lincoln Ave. Exterior Surfaces — Harris 5.3 Case 135-17 Affidavit of Compliance Bay Area Infectious Disease Center 1407 Gulf-to-Bay Boulevard Parking Lot Surfaces — Knight 5.4 Case 148-17 Affidavit of Compliance First Postulate LLC 1011 Pinebrook Dr. Parking Lot Surfaces/Exterior Surfaces/Exterior Storage/Public Nuisance—Knight 5.5 Case 157-17 Affidavit of Compliance Edna A Bass 1160 Russell St. Residential Grass Parking/Landscaping —Stewart Code Enforcement 2018-02-28 37 5.6 Case 158-17 Affidavit of Compliance Serafim Oliveira 1114 Palm Bluff St. Exterior Surfaces —Stewart 5.7 Case 162-17 Affidavit of Compliance 1459 Pierce St Land Trust 1459 Pierce St. Parking Lot Surfaces — Fletcher 5.8 Case 179-17 Affidavit of Compliance Doyle, Evelyn M Revocable Trust 1268 Engman St. Lot Clearing/Inoperative Vehicle/Exterior Surfaces/Parking on Unpaved Area/Exterior Storage—Jewett 5.9 Case 181-17 Affidavit of Compliance Bear Stearns Alt A Trust 2005 2 Bank of New York Mellon Tre 1857 Venetian Point Dr. Public Health, Safety or Welfare Nuisance/Lot Clearing —Stewart 5.10 Case 188-17 Affidavit of Compliance R E Metz Properties 1616 Gulf-to-Bay Boulevard Common Exterior Storage/Sidewalks & Public ROW - Fletcher 5.11 Case 192-17 Affidavit of Compliance 1430 Court Land Trust Hartley Law Firm PLC Tre. 1430 Court St. D Exterior Surfaces/Landscaping Required - Devol 5.12 Case 198-17 Affidavit of Compliance W R I Countryside Centre LLC 2555 Countryside Blvd. Window Signage - Knight 5.13 Case 201-17 Affidavit of Compliance David Johnson Jr. 1359 Boylan Ave #B Exterior Surfaces - Harris 5.14 Case 202-17 Affidavit of Compliance N S J Enzoprizes LLC 1379 Boylan Ave. Parking Lot Surfaces - Harris 5.15 Case 203-17 Affidavit of Compliance N S J Enzoprizes LLC 1381 Boylan Ave. Parking Lot Surfaces - Harris Code Enforcement 2018-02-28 38 5.16 Case 205-17 Affidavit of Compliance 1510 Barry Holding LLC 1510 Barry Rd. Sidewalks & Public ROW/Exterior Storage— Phillips 5.17 Case 10-18 Affidavit of Compliance Luis Medina & Mildrey Carmenate 1211 E Druid Rd. Res. Grass Parking — Harris 5.18 Case 11-18 Affidavit of Compliamce Rubio, Oscar Est 1217 Druid Rd. Res. Grass Parking — Harris 5.19 Case 13-18 Affidavit of Compliance Tolulope M Olasunkanmi 109 Devon Dr. Short Term Rental/Res. Rental BTR— Phillips 5.20 Case 139-17 Affidavit of Non-Compliance Torin D McCray 1326 Fairmont St. Lot Clearing/Exterior Storage— Fletcher 5.21 Case 188-17 Affidavit of Non-Compliance R E Metz Properties 1616 Gulf-to-Bay Boulevard Common Windows Maintenance— Fletcher 5.22 Case 190-17 Affidavit of Non-Compliance Hotmire, Harry E Est. 907 Chestnut St. Exterior Surfaces/Lot Clearing - Fletcher 5.23 Case 205-17 Affidavit of Non-Compliance 1510 Barry Holding LLC 1510 Barry Rd. Abandoned Bldg (unsecured)/Fences &Walls - Phillips Member Prast moved to accept the Affidavits of Compliance for Cases 111-17, 129-17, 135-17, 148- 17, 157-17, 158-17, 162-17, 179-17, 181-17, 188-17, 192-17, 198-17, 201-17, 202-17, 203-17, 205- 17, 10-18, 11-18, and 13-18 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 139-17, 188-17, 190-17, and 205-17. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 30-17 Request for Lien Reduction —Cont'd from 01/24/18 3 J J J's LLC 1508 Tilley Ave. Parking Lot Surfaces/Ext. Storage/BTR— Knight Code Enforcement 2018-02-28 39 Attorney Barbara Brown and property owner representative Stephanie Johnson were present. Attorney Smith said the property was in compliance. Another property owned by 3 J J J's LLC was being sold; liens attached to all properties owned by 3 J J J's LLC. Staff supported the lien reduction. Attorney for the Board Andy Salzman reported administration costs were $1,421.20 and the fine totaled $121,500. Member Engel moved to enter an order reducing the fine for Case 30-17 to administration costs of $1,421.20 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 February 28, 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 May 24, 2017, as recorded in O.R. Book 19660, Pages 730-735 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,421.20 payable to the Petitioner by March 30, 2018. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$121,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of February 2018, at Clearwater, Pinellas County, Florida. 6.2 Case 38-17 Request for Lien Reduction - Cont'd from 01/24/18 3 J J J's LLC 1512 Tilley Ave. Parking Lot Surfaces/Residential Rental BTR— Knight Attorney Brown and Ms. Johnson were present. Attorney Smith said the property was in compliance. Another property owned by 3 J J J's LLC was being sold; liens attached to all properties owned by 3 J J J's LLC. Staff supported the lien reduction. Attorney Salzman reported administration costs were $1,304.20 and the fine totaled $70,500. Member Engel moved to enter an order reducing the fine for Case 38-17 to administration costs of $1,304.20 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 February 28, 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. Code Enforcement 2018-02-28 40 It is the Order of this Board that the lien previously imposed in the Order of the Board dated May 24, 2017, as recorded in O.R. Book 19660, Pages 707-711 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,304.20 payable to the Petitioner by March 30, 2018. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$70,500.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 28th day of February 2018, at Clearwater, Pinellas County, Florida. 6.3 Case 109-16 Stipulation and Agreement Ida E. Ellis 1428 Barbara Ave. Ext. Surfaces/Door &Window Openings/Roof Maint./Aband. Bldg. — Knight Attorney Smith said the case was withdrawn; the property was sold. 6.4 Case 73-17 Request for Lien Reduction - Cont'd from 01/24/18—Withdrawn. D Guy Prop Inc McMullen 1901 Edgewater Dr. Abandoned Building — Knight Case 73-17 was withdrawn Cases 24-10, 29-10, & 81-16 Stipulation and Agreement Amendment Charles W. Gruver and/or IBP Funding Inc. 415 S Ft. Harrison Ave. Business Tax Receipt/Non-Conforming Freestanding Sign/Exterior Surfaces/Parking Lot Surfaces— Fletcher Attorney Smith said the Stipulation and Agreement for these cases approved by the MCEB (Municipal Code Enforcement Board) on October 25, 2017 required the gasoline station to be razed by February 18, 2018. Paul Gibson, representing the property owner, said last December the property owner requested Duke Energy to disconnect electricity to the structure; Duke Energy responded via February 23, 2018 letter received today. He said the permit was issued but staging will take some time. He said the parking lot would be removed and the land seeded; an onsite development was planned, He requested the MCEB approve amending the Stipulation and Agreement to extend the deadline to demolish the building to March 31, 2018. It was suggested the amended date should include a time buffer. Member Prast moved to amend the Stipulation and Agreement for Cases 24-10, 29-10, & 81-16 to extend the deadline to demolish the building to May 1, 2018, The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request to amend the Stipulation and Agreement at a hearing held on February 28, 2018, and enters the following Order: After considering the request to amend the Stipulation and Agreement, which required that Buyer demolish the property by February 18, 2018, it is evident that extending the date by which Buyer must demolish to May 1, 2018 is appropriate and in the best interest of the parties in the above-referenced case. Code Enforcement 2018-02-28 41 Therefore, it is the Order of this Board that the demolition date in paragraph 9. of the Stipulation and Agreement previously executed on October 25, 2017 is hereby extended to May 1, 2018. DONE AND ORDERED this 28th day of February 2018, at Clearwater, Pinellas County, Florida. 7. NUISANCE ABATEMENT LIEN FILINGS: MASON, LAURA L EST 1117 WOODSIDE AVE PNU2017 -01612 23- 29 -15- 61920- 009 -0140 $220.00 MACK, EDWARD R EST 1465 PIERCE ST PNU2018 -00089 14- 29 -15- 10476- 004 -0180 $969.72 Member Johnson 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: .w._ _.� .. Q,,, Secre ary to the : oard Code nforcement Board Code Enforcement 2018 -02 -28 42