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05/23/2018 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER May 23, 2018 Present: Chair Wayne Carothers, Board Member James E. Strickland, Board Member Daniel Engel, Board Member Sue A. Johnson, Board Member Michael Mannino Absent: Vice Chair Robert Prast, Board Member Joseph A. Nycz Also Present: Andy Salzman —Attorney for the Board, Michael Fuino —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 April 25, 2018 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the April 25, 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: None. 4. PUBLIC HEARINGS Code Compliance Manager Terry Teunis said the City Council had adopted a Resolution that allowed the City Attorney, with Municipal Code Enforcement Board authorization, to foreclose on properties 3 months after liens were recorded, as permitted by State Statute. 4.1 Case 45-18 —Cont'd from March 28 and April 25, 2018 -Withdrawn First Baptist Church of Clearwater Inc. 3014 Carolina Ave. Exterior Surfaces/Door &Window/Abandoned Building — Cantrell Case 45-18 was withdrawn. 4.2 Case 46-18 - Cont'd from March 28 and April 25, 2018-Withdrawn First Baptist Church of Clearwater Inc. 3016 Carolina Ave. Exterior Surfaces/Abandoned Building/Roof Maintenance —Cantrell Code Enforcement 2018-05-23 1 Case 46-18 was withdrawn. 4.3 Case 57-18 —Cont'd from April 25, 2018 G K N Properties 1905 N Hercules Avenue Signage without Permits— Knight No one was present to represent the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. Assistant City Attorney Michael Fuino submitted composite exhibits. Member Mannino moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 without permits 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) 4-1002 & 3- 11807.13.1a 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 Code Enforcement 2018-05-23 2 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 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 4.4 Case 66-18 —Cont'd from April 25, 2018 Fishermans Wharf of Clearwater Inc. 551 Gulf Blvd. Exterior Surfaces/Door &Window Openings/Roof Maintenance/Lot Clearing/Abandoned Building/Fences &Walls - Devol Property owner Raim Tzekas admitted to the violations. Inspector Diane Devol said compliance had been met and requested a declaration of violation. She presented a PowerPoint presentation with property photographs of repairs made at 551 Gulf Boulevard. Multiple signage allows the Police Department to issue no trespass citations to vagrants. In response to a question, Mr. Tzekas said the Realtor was marketing the property for condo or apartment development. Attorney Fuino submitted composite exhibits. Member Johnson moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violations were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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, door &window openings, roof maintenance, lot clearing, abandoned building, and fences & walls 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- 1502.C.1, 3-1502.C.33-1502.D.1, 3-1502.D.3, 3-1502.H.3, 3-1503.113.7, 3-1503.B.5.A, 3-1503.A, 3- 1503.B.1, 3-1503.113.2, 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.5, & 3-808.A.6 as referred to in the Affidavit in this case. ORDER Code Enforcement 2018-05-23 3 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 23rd day of May 2018, at Clearwater, Pinellas County, Florida. The MCEB (Municipal Code Enforcement Board) recessed from 1:47 to 1:59 p.m. 4.5 Case 72-18 -Withdrawn Odin Enterprises Inc. 1305 Franklin St. Door &Window/Ext. Surfaces/Roof Mai nt./Graffiti/Abandoned Bldg.- Cantrell Case 72-18 was withdrawn. 4.6 Case 73-18 —Continue to June 27, 2018 Jasmine Nalk Development LLC 1849 Gulf-to-Bay Boulevard Graffiti - Cantrell Case 73-18 was continued automatically to June 27, 2018. 4.7 Case 74-18 — Repeat Violation Brkljacic, George P Living Trust Brkljacic, George P Tre 212 N. Saturn Ave. Parking Lot Surfaces - Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell provided a PowerPoint presentation. On October 25, 2017, the MCEB found the respondent in Case 138-17 to be in violation and ordered compliance for Parking Lot Surfaces at 206 S. Betty Lane. A notice of repeat violation was issued on April 5, 2018, following inspection. Property photographs beginning January 10, 2018 showed the repeat parking lot surfaces violation at 212 N. Saturn Avenue. Member Mannino moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded and carried unanimously. Code Enforcement 2018-05-23 4 Inspector Cantrell recommended a fine of$500 per day be imposed for the dates the property was in violation of Code re Parking Lot Surfaces i.e. April 5, 2018 thru May 23, 2018 (49 days) for a total fine of$24,500 payable within 10 days of the posting of the order. Attorney Fuino submitted composite exhibits. Member Strickland moved to enter an order that a fine of$500 per day be imposed for the 49 days the violation existed for a total fine of$24,500, payable within 10 days of the posting of this order. If the fines and fees remain unpaid 3 months after the lien is recorded, the City Attorney's office is authorized to foreclose, collect, or settle such lien using any legal or equitable remedies available under the law. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 parking lot surfaces was/were in violation of the City of Clearwater Code. The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 3-1403.A as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on October 25, 2017, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$24,500.00 ($500.00 daily fine) for the 49-day time period from April 5, 2018 thru May 23, 2018, when the repeat violation occurred, payable by 10 days after this order is posted. The Board further orders that if the Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. If the fines and fees remain unpaid 3 months after the date this lien is recorded, the City Attorney's office is authorized to foreclose, collect, or settle such lien using any legal or equitable remedies available under the law. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for Code Enforcement 2018-05-23 5 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 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 4.8 Case 75-18 — Repeat Violation Brkljacic, George P Living Trust Brkljacic, George P Tre 216 N. Saturn Ave. Parking Lot Surfaces - Cantrell No one was present to represent the Respondent. Inspector Jason Cantrell provided a PowerPoint presentation. On October 25, 2017, the MCEB found the respondent in Case 138-17 to be in violation and ordered compliance for Parking Lot Surfaces at 206 S. Betty Lane. A notice of repeat violation was issued on April 5, 2018, following inspection. Property photographs beginning April 5, 2018 showed the repeat parking lot surfaces violation at 216 N. Saturn Avenue. Member Mannino moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed a repeat violation. Inspector Cantrell recommended a fine of$500 per day be imposed for the dates the property was in violation of Code re Parking Lot Surfaces i.e. April 5, 2018 thru May 23, 2018 (49 days) for a total fine of$24,500 payable within 10 days of the posting of the order. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order that a fine of$500 per day be imposed for the 49 days the violation existed for a total fine of$24,500, payable within 10 days of the posting of this order. If the fines and fees remain unpaid 3 months after the lien is recorded, the City Attorney's office is authorized to foreclose, collect, or settle such lien using any legal or equitable remedies available under the law. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 parking lot surfaces was/were in violation of the City of Clearwater Code. The Respondent was not present and had no representation. CONCLUSIONS OF LAW Code Enforcement 2018-05-23 6 The Respondent(s) was/were in violation of Code Section(s) 3-1403.A as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on October 25, 2017, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$24,500.00 ($500.00 daily fine) for the 49-day time period from April 5, 2018 thru May 23, 2018, when the repeat violation occurred, payable by 10 days after this order is posted. The Board further orders that if the Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. If the fines and fees remain unpaid 3 months after the date this lien is recorded, the City Attorney's office is authorized to foreclose, collect, or settle such lien using any legal or equitable remedies available under the law. A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 4.9 Case 76-18 John Arata III 2571 Elderberry Dr. Fences/Exterior Storage - Brown No one was present to represent the Respondent. Inspector Shelby Brown said compliance had been met and requested a declaration of violation. She presented property photographs of the fence and exterior storage violations and repairs at 2571 Elderberry Drive. Attorney Fuino submitted composite exhibits. Member Mannino moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violations were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the Code Enforcement 2018-05-23 7 violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 Fences and 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) 3-808, 3-808.A.1, 3-808.A.4, 3-808.A.2, 3-808.A.3, 3-808.A.5, 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. 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 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 4.10 Case 77-18 Charles V. Rheintgen 227 N. Saturn Ave. Exterior Storage - Stewart No one was present to represent the Respondent. Inspector AIIie Stewart said compliance had been met and requested a declaration of violation. She presented property photographs of the violation for exterior storage and compliance at 227 N. Saturn Avenue. Attorney Fuino submitted composite exhibits. Code Enforcement 2018-05-23 8 Member Engel moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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- 1503.B.6 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). If the Respondent(s) repeats/repeat the violation referenced herein within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the Board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 4.11 Case 78-18 Abid Ralman Dilber Chaudry 1050 Sunset Point Road Public Health Safety or Welfare Nuisance (pool)/Lot Clearing/Grass Parking/ Windows/Hauling Trailer/Exterior Surfaces - Stewart Agron Previzi, representing property manager Mandalay Realty, admitted to the violations. Code Enforcement 2018-05-23 9 Inspector Allie Stewart said compliance had been met for the Public Health Safety or Welfare Nuisance (swimming pool) and requested a declaration of violation. Member Johnson moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case regarding the Public Health Safety or Welfare Nuisance (swimming pool), the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Member Mannino moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case except for the Public Health Safety or Welfare Nuisance (swimming pool). The motion was duly seconded and carried unanimously. Inspector Stewart provided a PowerPoint presentation of photographs of the 5 violations at the multiunit property at 1050 Sunset Point Road related to Lot Clearing, Grass Parking, Windows, Hauling Trailer, and Exterior Surfaces. The Notice of Violation was mailed to Canada and to the property manager, Mandalay Realty. Mandalay Realty said the property would be razed and would not take care of anything. The person who was making repairs quit. Mr. Previzi said repairs were 90% completed. In response to a question, he said he was being paid by Mandalay Realty. Inspector Stewart recommended compliance by June 6, 2018 or a fine of$250 per day per violation be imposed. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violations, with the exception of the Public Health Safety or Welfare Nuisance (swimming pool) on or before June 6, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 5 violations exist: Lot Clearing, Grass Parking, Windows, Hauling Trailer, and Exterior Surfaces. It also is evident conditions related to Public Health Safety or Welfare Nuisance (swimming pool) existed; however, it is further evident these conditions were corrected prior to this hearing. A representative of the Respondent(s) was present CONCLUSIONS OF LAW Code Enforcement 2018-05-23 10 The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1503.113.1, 3- 1503.B.5, 3-1403.113.1, 3-1407.A.5, 3-1407.A.7, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1503.113.6, 3-1407.A.2.C, 3-1407.A.3.C, & 3-1502.113, as referred to in the Affidavit in this case. The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-1503.113, 3- 1503.5.A. & 3-1503.113.7 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall: 1) Lot Clearing & Accumulation of Nuisances: Remove all brush, logs, weeds, dead vegetation, and deep layers of pine needles/leaves resulting from infrequent maintenance and maintain property on a weekly basis to discourage rodents and insects; 2) Grass Parking & Parking on Unapproved Surface: Remove all vehicles from grass and dirt surfaces and install all-weather paved parking area which is graded to drain storm water; 3)Window Maintenance: Repair, replace, or remove pool screens at top of pool enclosure; 4) Hauling Trailers: Install a 6-foot permitted privacy fence, hedge, or wall and relocate the hauling trailers behind it, parking them on an approved surface such as pavers, concrete, or asphalt or remove the hauling trailers from the property; and 5) Exterior Surfaces: Repair or replace all rotted wood on every building, cover open holes on the walls, replace missing siding, pressure wash and remove all mildew and then paint the buildings where needed to comply with said Section(s) of the Code by the deadline, June 6, 2018. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. It is the Order of this Board that no fine will be imposed against the Respondent(s) for conditions related to Public Health Safety or Welfare Nuisance (swimming pool). 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 Allie Stewart, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 23rd of May 2018, at Clearwater, Pinellas County, Florida. Code Enforcement 2018-05-23 11 4.12 Case 79-18 Abid Ralman Dilber Chaudry 1052 Sunset Point Road Parking Lot Surfaces/Exterior Surfaces/Door &Window/Exterior Storage/Lot Clearing/Fences - Stewart Agron Previzi, representing property manager Mandalay Realty, admitted to the violations. Member Mannino moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Allie Stewart provided a PowerPoint presentation of photographs of the 6 violations at the multiunit property at 1052 Sunset Point Road related to Parking Lot Surfaces, Exterior Surfaces, Door &Window, Exterior Storage, Lot Clearing, and Fences. She recommended compliance by June 6, 2018 or a fine of$250 per day per violation be imposed Mr. Previzi said some of the leaves had been removed. Attorney Fuino submitted composite exhibits. Member Engel moved to enter an order requiring the Respondent to correct the violations on or before June 6, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 6 violations exist: Parking Lot Surfaces, Exterior Surfaces, Door&Window, Exterior Storage, Lot Clearing, and Fences. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1403.A, 3- 1502.K.4, 3-1502.B, 3-1502.C.1, 3-1502.C.3, 3-1502.G.1, 3-1502.G.2, 3-1502.G.3, 3-1503.113.6, 3- 1503.B.7, 3-1503.B.5.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) Outdoor Storage: Remove all items not intended to be stored outdoors, including but are not limited to machinery, wood, old fencing, buckets, broken trampoline, bottles,junk and garbage; 2) Doors and Windows: Repair or replace all broken window screens and windows on the property; broken windows cannot be boarded and must be replaced; 3) Fence Maintenance: Repair, replace, or remove all rotted and broken fencing; fences cannot lean more than 10 degrees, have missing or broken slats and must be free of mildew/mold, securely fastened and painted or stained to present a uniform appearance and; 4) Exterior Surfaces: Replace all missing stucco, rotted wood around door and window frames, fascia Code Enforcement 2018-05-23 12 and buildings, pressure wash the buildings to remove all mildew and mold from exterior surfaces, then patch and paint to match adjacent surfaces as to material, color, bond, and joining; 5) Parking Lot Surfaces: Repair cracks and heaves, resurface or repave, and stripe the parking lot using permanent all-weather paving material which is graded to drain storm water; and 6) Lot Clearing and Accumulation of Nuisances: Remove all dead vegetation and deep layers of pine needles/leaves resulting from infrequent maintenance and maintain property on a weekly basis to discourage rodents, insects, and vermin to comply with said Section(s) of the Code by the deadline, June 6, 2018. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Allie Stewart, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 23 d day of May 2018, at Clearwater, Pinellas County, Florida. 4.13 Case 80-18 Abid Ralman Dilber Chaudry 1054 Sunset Point Road Exterior Surfaces/Lot Clearing/Fences - Stewart Agron Previzi, representing property manager Mandalay Realty, admitted to the violations. Member Engel moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector AIIie Stewart provided a PowerPoint presentation of photographs of the 3 violations at the multiunit property at 1054 Sunset Point Road related to Exterior Surfaces, Lot Clearing, and Fences. She recommended compliance by June 6, 2018 or a fine of$250 per day per violation be imposed. Mr. Previzi said the front porch was repaired 2 days ago. He will advise the property owner re compliance requirements. Attorney Fuino submitted composite exhibits. Code Enforcement 2018-05-23 13 Member Strickland moved to enter an order requiring the Respondent to correct the violations on or before June 6, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 3 violations exist: Exterior Surfaces, Lot Clearing, and Fences. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.113, 3- 1502.H.3, 3-1503.113.7, 3-1503.B.5.A, 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) Yards & Landscaping/Lot Clearing: Remove all brush, logs, weeds, dead vegetation, and deep layers of pine needles/leaves resulting from infrequent maintenance and maintain property on a weekly basis to discourage rodents and insects; 2) Exterior Surfaces: Remove, repair, or replace front porch on lower unit, pressure wash mildew/mold on upper level porch, and clean, fix and/or remove the upper level lattice; and 3) Fence Maintenance: Repair, replace, or remove the fence to the right of this property that leads back to the other addresses to comply with said Section(s) of the Code by the deadline, June 6, 2018. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Allie Stewart, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of Code Enforcement 2018-05-23 14 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 23 d day of May 2018, at Clearwater, Pinellas County, Florida. 4.14 Case 81-18 Tsetse LLC Lumar Holdings 1058 Sunset Point Road Hauling Trailer/Grass Parking/Exterior Surfaces/Exterior Storage/Inoperative Vehicle/Lot Clearing - Stewart Agron Previzi, representing property owner Mandalay Realty, admitted to the violations. Member Mannino moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Allie Stewart provided a PowerPoint presentation of photographs of the 6 violations at the multiunit property at 1058 Sunset Point Road related to Hauling Trailer, Grass Parking, Exterior Surfaces, Exterior Storage, Inoperative Vehicle, and Lot Clearing. She recommended compliance by June 6, 2018 or a fine of$250 per day per violation be imposed. The inoperative vehicles had been moved on and off the property. Mr. Previzi said the chickens were gone. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violations on or before June 6, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of$250 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 6 violations exist: Hauling Trailer, Grass Parking, Exterior Surfaces, Exterior Storage, Inoperative Vehicle, and Lot ClearingA representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1407.A.2.c, 3- 1407.A.3.c, 3-1407.A.7, 3-1403.113.1, 3-1407.A.5, 3-1407.A.7, 3-1502.K.4, 3-1502.B, 3-1052.G.1, 3-1502.G.2, 3-1502.G.3, & 3-1503.113.6, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Lot Clearing &Accumulation of Nuisances: Remove all brush, logs, weeds, dead vegetation, and deep layers of pine needles/ Code Enforcement 2018-05-23 15 leaves resulting from infrequent maintenance and maintain property on a weekly basis to discourage rodents and insects; 2) Inoperable Vehicles: Remove all inoperable vehicles and hauling trailers. Operable means vehicles must have 4 inflated tires, be mechanically operable, and display current registration or be removed; 3) Exterior Surfaces: Repair/replace all rotted wood on fascia, soffits, window& door trim, and siding, pressure wash all buildings including window awnings and chimney, then paint exterior surfaces so exterior surfaces do not have peeling paint, mismatched paint, or mildew; 4) Exterior Storage: Remove all items not intended to be stored outdoors, including but not limited to tires, cardboard boxes, plastic tubs, metal, wood, old fencing, tarps, car parts, machinery, and appliances. These items need to be stored inside the home, in a shed/garage, or removed from the property; 5) Hauling Trailers: Install a 6-foot permitted privacy fence, hedge, or wall and relocate the hauling trailers behind it, parking them on an approved surface such as pavers, concrete, or asphalt or remove the hauling trailers from the property; 6) Grass Parking and Parking on Unapproved Surface: Remove all vehicles from the grass and dirt surfaces and install an all-weather paved parking area which is graded to drain storm water to comply with said Section(s) of the Code by the deadline, June 6, 2018. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Allie Stewart, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 23 d day of May 2018, at Clearwater, Pinellas County, Florida. 4.15 Case 82-18 Carlos Arevalo 1519 S. Madison Ave. Exterior Surfaces - Fletcher Jorge Arevalo, representing the property owner, admitted to the violation. Member Mannino moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Mr. Teunis said the property had been in violation since December 2017. Code Enforcement 2018-05-23 16 Inspector Vicki Fletcher said Jorge Arevalo did not live at the property anymore and the house was rented. She provided a PowerPoint presentation of photographs of the violation at 1519 S. Madison Avenue related to Exterior Surfaces. She recommended compliance by June 7, 2018 or a fine of$150 per day be imposed. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before June 7, 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. Near the end of the meeting, Jorge Arevalo approached the board, stating work could not be finished by June 7, 2018 as he needed to obtain a permit and requested reconsideration of the compliance date. Inspector Fletcher said the City had issued a Stop Work order because Mr. Arevalo was installing siding without a permit. He was not the property owner and could not obtain the permit. Consensus was to not reconsider the case. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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. A representative of the Respondent(s)was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.113, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall replace all rotted wood, pressure wash structure to remove all mildew, rust, and loose materials including patching and peeling paint, and paint or complete installation of siding after a permit has been obtained to comply with said Section(s) of the Code by the deadline, June 7, 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 Code Enforcement 2018-05-23 17 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 23 d day of May 2018, at Clearwater, Pinellas County, Florida. 4.16 Case 83-18 Encon Asso Ltd Partnership 26210 US Highway 19 Comp Sign Approval (Signage w/o Permits) - Knight No one was present to represent the Respondent. Member Mannino moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight provided a PowerPoint presentation of photographs of the violation at 26210 US Highway 19 for Comp Sign Approval (Signage without Permits). Signs were installed without permit. He recommended compliance by June 23, 2018 or a fine of$150 per day be imposed. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before June 23, 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 May 23, 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: Comp Sign Approval (Signage without Permits). The Respondent was not present and had no representation. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 4-1008.E &4-1002, as referred to in the Affidavit in this case. ORDER Code Enforcement 2018-05-23 18 It is the Order of the Board that the Respondent(s) shall remove all unpermitted signs from the property or apply for and obtain an amendment to the Comprehensive Sign Program to allow the signage to remain erected at the property to comply with said Section(s) of the Code by the deadline, June 23, 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 23 d day of May 2018, at Clearwater, Pinellas County, Florida. 4.17 Case 84-18 Wilder Corp of Delaware 18584 US Highway 19 Discontinued Signs - Knight No one was present to represent the Respondent. Inspector Daniel Knight said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Johnson moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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: Code Enforcement 2018-05-23 19 FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition(s) related to Discontinued Signs 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) 3-1804.D 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 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 4.18 Case 85-18 Highland Mini Storage 1615 Highland Ave. Sign Maintenance/Window Signs - Knight Manuel Darowiche, representing the property owner, admitted to the violations. Member Engel moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight provided a PowerPoint presentation of photographs of the 2 violations at 1615 Highland Avenue for Sign Maintenance and Window Signs. He recommended compliance by June 23, 2018 or a fine of$150 per day per violation be imposed. Mr. Darowiche said the monument sign had been repaired. He said tenant Rainbow Mart would remove the current sign and install a new one. He requested additional time, estimating it would take 6 weeks to pull required permits and install a new sign. Attorney Fuino submitted composite exhibits. Code Enforcement 2018-05-23 20 Member Mannino moved to enter an order requiring the Respondent to correct the violations on or before July 23, 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 May 23, 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: Sign Maintenance and Window Signs. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the 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 the Board that the Respondent(s) shall 1) Sign Maintenance: Repair and/or replace all signs and sign structures at the property so they are in a good condition free of any damage, rust, discoloration, fading and/or peeling paint/elements and 2) Window Signs: Remove and/or reduce window signage so it is no greater than 25 % of the total window area or 50 square- feet, whichever is less, per business unit at the property to comply with said Section(s) of the Code by the deadline, July 23, 2018. The fine is $150.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 23 d day of May 2018, at Clearwater, Pinellas County, Florida. Code Enforcement 2018-05-23 21 4.19 Case 86-18 Polly Property LLC 2046 Gulf-to-Bay Boulevard Signage w/o Permits - Knight Property owner John Sgro admitted to the violation. Member Engel moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight said Mr. Sgro had applied to correct the comp sign approval. Inspector Knight provided a PowerPoint presentation with photographs of the violation at 2046 Gulf-to-Bay Boulevard related to Signage without Permits. The main sign was changed without approval. A small menu sign and 2 others signs were not part of the comp sign approval. He recommended compliance by June 23, 2018 or a fine of$150 per day be imposed. Mr. Sgro said the City had approved an amendment to his comp sign approval to change the main sign. He had thought the 2 poster board signs were part of the original comp sign approval as they had been up for 12 years. He said he had requested another amendment to include the poster and menu signs. He said he owned the building and business. Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before June 23, 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 May 23, 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: Signage Without Permits. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 4-1002, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall remove all unpermitted signage from the property or apply for and obtain an amendment to the current Comprehensive Sign Program to allow it to remain at the property to comply with said Section(s) of the Code by the deadline, June 23, 2018. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Code Enforcement 2018-05-23 22 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 23 d day of May 2018, at Clearwater, Pinellas County, Florida. 4.20 Case 87-18 Jason Turesanyi Jeff Turesanyi 611 N. Ft. Harrison Ave. Exterior Surfaces/Door &Window/Parking Lot Surfaces/Aband. Bldg. - Phillips Property owner Jeff Turesanyi admitted to the violations. Member Johnson moved to find the Respondents 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 provided a PowerPoint presentation with photographs of the 4 violations at 611 N. Ft. Harrison Avenue for Exterior Surfaces, Door &Window, Parking Lot Surfaces, and Abandoned Building. She recommended compliance by July 23, 2018 or a fine of$250 per day per violation be imposed. Mr. Turesanyi said some of the of the property had been cleaned. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondents to correct the violations on or before July 23, 2018. If the Respondents do not comply within the time specified, the Board may order a fine of$250 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 2018-05-23 23 FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 4 violations exist: Exterior Surfaces, Door &Window, Parking Lot Surfaces, and Abandoned Building. The Respondent(s) was/were present CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.13, 3- 1502.C.1, 3-1502.C.3, 3-1403.A, 3-1502.K.4, 3-1503.A, 3-1503.13.1, 3-1503.13.2, 3-1503.13.3, & 3- 1503.13.9, as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall 1) Exterior Surfaces: Replace all rotted wood and pressure wash and paint entire structure so surface is free of mildew, rust, loose materials, peeling and declining paint; 2) Door &Windows: Remove all boards, replace all damaged or broken windows, and maintain in a clean unbroken state; 3) Parking Lot Surfaces: Improve parking surface with permanent all-weather paving material which is graded to drain storm water, maintain the surface in a safe and clean condition free of pot holes, litter, debris, and weeds, and promptly repair cracked or heaved parking surfaces OR Demolish entire structure including existing foundation and parking surface, then replace area with sod and maintain as a vacant parcel; and 4) Abandoned Building: Occupy property and have utilities turned on, sell the property, or raze the building, adjacent structure, parking lot surface and existing foundation and then replace area with sod and maintain as a vacant parcel to comply with said Section(s) of the Code by the deadline July 23, 2018. The fine is $250.00 per day per violation for each and every day each violation continues past the date set for compliance. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Julie Phillips, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the 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 23 d day of May 2018, at Clearwater, Pinellas County, Florida. Code Enforcement 2018-05-23 24 4.21 Case 88-18 Ian & Susan Carter 271 Bayside Dr. Short-Term Rental - Phillips Property owners Ian and Susan Carter were present. Inspector Julie Phillips said the Carters brought the website into compliance within 24 hours of the notice of violation and requested a declaration of violation.. Attorney Fuino submitted composite exhibits. Member Johnson moved to find the Respondents were in violation of the City of Clearwater Code as referred to in the affidavit in this case, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondents. If the Respondents repeat the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 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. Code Enforcement 2018-05-23 25 DONE AND ORDERED this 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 4.22 Case 89-18 — Repeat Violation Janet C. Bombard & Michael Trapuzzano 964 Mandalay Ave. Short-Term Rental - Phillips Property owner Michael Trapuzzano said he could not control the website VRBO to advertise his rental for 30 days; he said the site only would let him advertise rentals for stays of 1-29 or 1-30 days. He said he could not remove the 1." He said he paid a fine in 2016 for renting short-term. He said he did not rent his property for less than 30 days. Inspector Julie Phillips provided a PowerPoint presentation. On February 25, 2015 for Case 12-15, the MCEB found the respondents in violation and ordered compliance for Short-Term Rental at 964 Mandalay Avenue. On December 17, 2015 for Case 111-15, the MCEB found the respondents to have committed a repeat violation for Short-Term Rental at 964 Mandalay Avenue and ordered the respondents to pay a fine of$2,000 ($500/day) for the 3 days the violation occurred. On May 24, 2017 for Case 54-17, the MCEB found the respondents to have committed a repeat violation for Short-Term Rental at 964 Mandalay Avenue and ordered the respondents to pay a fine of$500 for the day the violation occurred. Inspector Phillips said on April 30, 2018 an anonymous voicemail indicated this property was advertised for Short-Term Rental. She verified the complaint on the HomeAway/VRBO vacation rental website where the property, advertised as "Seaside Villa," was offered for a minimum of 1 - 5 nights and she was able to book the property for a 1 week stay. On May 4, 2018, she issued a notice of repeat violation for Short-Term Rental at 964 Mandalay Avenue. She presented May 7 and 11, 2018 property photographs of the front of the house. Inspector Phillips provided prima facie evidence - screenshots re 964 Mandalay Avenue: 1) April 30, 2018 - HomeAway vacation rental website offered property for minimum 1 - 5 night stay and detailed 7-night rate quote; 2) May 4, 5, 6, 7, 8, 10, 14, 15, 20, 21, and 22, 2018 -VRBO vacation rental website offered property for 1 - 29 and 1-30 night stays, included reviews of short-term rentals during July 2017 and March 2018, and on some days featured availability calendars blocked for short-term stays; 3) May 8, 2018— Bedroom Villas vacation rental website offered property for 5 night minimum stay; and 4) May 20, 2018 -VRBO vacation rental website availability calendar updated; calendar did not block any 30-day/calendar month stays. Mr. Trapuzzano said he used the availability calendar to block stays for family and friends. He said he would not approve inquiries re rentals for less than 30 days. He said he stayed there in March and May; the property was not rented in March 2018. He said friends did not book the house through the website but contacted him via email or text and afterwards wrote reviews for marketing purposes. He said the website would only let him limit stays to 1 — 30 days. He said advertising 30- day minimum stays would disallow him from renting the property for the month of February. He said he never heard of the Bedroom Villas vacation rental website. Several members indicated that Mr. Trapuzzano's explanations were not believable. It was recommended that Mr. Trapuzzano call VRBO and update his listing to comply with Code. Inspector Phillips said after his repeat violations she worked with Mr. Trapuzzano to correct the website but he modified his listing afterwards. She said if he was unable to modify his VRBO listing to comply with Code, Mr. Trapuzzano could advertise on another website. Code Enforcement 2018-05-23 26 In response to a question, Mr. Trapuzzano said the next time his property was rented for a month was December 2018. He said his friends and guests left $250 at the house after their stays for the cleaning service. Inspector Phillips recommended a fine of$500 per day be imposed for the dates the property was in violation of Code re Short-Term Rental i.e. April 30, May 4, 5, 6, 7, 8, 10, 14, 15, 20, 21, and 22, 2018 for a total fine of$6,000 payable within 10 days of the posting of the order. Member Engel moved to find the Respondents in violation of the City of Clearwater Code as referred to in the affidavit in this case and have committed a repeat violation. The motion was duly seconded and carried unanimously. Attorney Fuino submitted composite exhibits. Member Engel moved to enter an order that a fine of$500 per day be imposed for the 14 days the violation existed for a total fine of$6,000, payable within 10 days of the posting of this order. If the fines and fees remain unpaid 3 months after the lien is recorded, the City Attorney's office is authorized to foreclose, collect, or settle such lien using any legal or equitable remedies available under the law. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on May 23, 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 the Short-Term Rental was/were in violation of the City of Clearwater Code. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of Code Section(s) 1-104.113 & 3-919 as referred to in the Affidavit in this case and previously was/were found to have violated the same Code Section(s) on February 25 and December 17, 2015, and May 24, 2017, and therefore, committed a repeat violation. ORDER It is the Order of this Board that the Respondent(s) pay a fine of$6,000.00 ($500.00 daily fine)for the 12-day time period April 30, 2018, May 4, 2018, May 5, 2018, May 6, 2018, May 7, 2018, May 8, 2018, May 10, 2018, May 14, 2018, May 15, 2018, May 20, 2018, May 21, 2018, and May 22, 2018 when the repeat violation(s) occurred, payable by 10 days after this order is posted. The Board further orders that if the Respondent(s) repeats/repeat the violation referenced herein within 5 years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. If the fines and fees remain unpaid 3 months after the date this lien is recorded, the City Attorney's office is authorized to foreclose, collect, or settle such lien using any legal or equitable remedies available under the law. Code Enforcement 2018-05-23 27 A certified copy of this Order shall be recorded in the public records of Pinellas County, and once recorded, shall constitute a lien against any real or personal property owned by the violator(s) pursuant to Chapter 162 of the Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within 30 days of the execution of the Order to be appealed or after final disposition of the request for rehearing of the Order to be appealed. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 23rd day of May 2018, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 36-15 Affidavit of Compliance N & M Investment Property LLC 809 Turner St. Exterior Surfaces — Fletcher 5.2 Case 44-15 Affidavit of Compliance Edwart& Elena Papadami 307 Avanda Ct. Parking Lot Surfaces — Fletcher 5.3 Case 184-17 Affidavit of Compliance Roberta K Finnocchio 1801 Brigadoon Dr. Exterior Surfaces - Brown 5.4 Case 205-17 Affidavit of Compliance 1510 Barry Holding LLC 1510 Barry Rd. Fences &Walls — Phillips 5.5 Case 21-18 Affidavits of Compliance Michael Foster 2501 Brigadoon Dr. Exterior Surfaces/Exterior Storage - Brown 5.6 Case 28-18 Affidavit of Compliance Jose A& Patricia R Ferrer 1468 Cleveland St. Exterior Surfaces - Fletcher Code Enforcement 2018-05-23 28 5.7 Case 31-18 Affidavit of Compliance Imer & BetijeTzekas 1337 N Highland Ave. 1 Sign Maintenance - Knight 5.8 Case 44-18 Affidavit of Compliance Egg Platter III Inc 19042 US Highway 19 Sign Maintenance— Knight 5.9 Case 60-18 Affidavits of Compliance Myers Jon D Rev Liv Trust Myers Jon D Tre 1901 Gilbert Street Commercial Vehicle in Residential Zoning District/Exterior Storage/Residential Grass Parking/Landscaping/Fence - Stewart 5.10 Case 16-18 Affidavits of Non Compliance Anahi Mejia La Reina de Mexico Inc. 1400 Gulf-to-Bay Boulevard Freestanding Discontinued Sign/Window Signs— Knight 5.11 Case 19-18 Affidavit of Non Compliance T X Central R E Investments LLC 1201 Brigadoon Dr. Exterior Surfaces - Brown 5.12 Case 20-18 Affidavit of Non Compliance Charles Lykes, Jr. 1601 Brigadoon Dr. Exterior Surfaces - Brown 5.13 Case 22-18 Affidavit of Non Compliance Jacqueline Ann Omes 3604 Brigadoon Cir. Exterior Surfaces - Brown 5.14 Case 23-18 Affidavit of Non Compliance Troy A Brandt 2410 Parkstream Ave. Roof Maintenance - Brown 5.15 Case 24-18 Affidavit of Non Compliance George K& Maryan Beardsley 1504 Brigadoon Dr. Exterior Surfaces — Brown 5.16 Case 27-18 Affidavits of Non Compliance Brice M Sayles 604 Spencer Ave. Lot Clearing/Fences - Fletcher Code Enforcement 2018-05-23 29 Member Johnson moved to accept the Affidavits of Compliance for Cases 36 -15, 44 -15, 184 -17, 205 -17, 21 -18, 28 -18, 31 -18, 44 -18 and 60 -18 and to accept the Affidavit of Non - Compliance and issue the Orders imposing fines for Cases 16 -18, 19 -18, 20 -18, 22 -18, 23 -18, 24 -18, and 27 -18 and if the fines and fees remain unpaid 3 months after the lien is recorded, the City Attorney's office is authorized to foreclose, collect, or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: None. 7. NUISANCE ABATEMENT LIEN FILING: WAUGH, BRIAN J EST 407 S ORION AVE 13- 29 -15- 82602- 001 -0061 PNU2018 -00341 $1,369.54 Member Johnson moved to accept the Nuisance Abatement Lien filing. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 4:20 p.m. Attest: Secret -ry o the Boar • 1 Chair, Itcipal Code Enforcement Board Code Enforcement 2018 -05 -23 30