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07/25/2018 Municipal Code Enforcement Board Meeting Minutes July 25, 2018 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 ap m Meeting Minutes Wednesday, July 25, 2018 1 :30 PM Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 25, 2018 Roll Call Present 6 - Chair Wayne Carothers, Vice Chair Robert Prast, Board Member James Strickland, Board Member C. Daniel Engel, Board Member Sue A. Johnson, and Board Member Michael Mannino Also Present -Andy Salzman —Attorney for the Board, Michael Fuino —Assistant City Attorney, Nicole Sprague — Secretary to the Board 1. Call To Order 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 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 the minutes of the June 27, 2018 Municipal Code Enforcement Board Meeting as submitted in written summation. Member Johnson moved to approve minutes of the June 27, 2018 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda: None. 4. New Business Items 4.1 Confirm the violation(s) for Case 114-18 for respondent(s) Oceanaire Homes LLC at 977 Bruce Ave. for fences; and issue an order with the compliance deadline and fine if compliance is not met. (Devol) No one was present to represent the Respondent. Member Prast 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 Diane Devol recommended compliance by August 24, 2018 or a fine of$150 per day be imposed. City Assistant Attorney Michael Fuino submitted composite exhibits. Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 25, 2018 Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before August 24, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, 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. 4.2 Confirm the violation(s) for Case 124-18 for respondent(s) Calvin Lee Ladd at 1246 Idlewild Dr. for exterior storage; and issue an order with the compliance deadline and fine if compliance is not met. (Jewett) No one was present to represent the Respondent. Neighbor Maria Voras said long term problems at the property included a hole in the front door, broken windows, missing fence boards, and outdoor storage of an increasing number of appliances, furniture, and miscellaneous items that attracted mosquitoes and vermin. Member Johnson moved to find the Respondent in violation of the of City Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Eric Jewett provided a PowerPoint presentation. The property owner refused mental health services offered through the Police Department. The VA required patients to initiate treatment. Concern was expressed that long-term violations had not been corrected. Attorney Fuino said the refrigerator was a public health safety or welfare nuisance. Inspector Jewett recommended compliance by July 30, 2018 or the City be permitted to take all reasonable actions, including entry onto the property, to abate and maintain the nuisance, and charge the Respondent with the reasonable costs which will become a lien on the property. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before July 30, 2018. If the Respondent does not comply within the time specified, the City may take all reasonable actions, including entry onto the property, to abate and maintain the nuisance, and charge the Respondent with the reasonable costs which will become a lien on the property. After 3 months from the recordation date of such lien, if the costs remain Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 25, 2018 unpaid, 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. 4.3 Confirm the violation(s) for Case 125-18 for respondent(s) Andrew J Wiener at 1956 Souvenir Dr. for inoperative vehicle; and issue an order with the compliance deadline and fine if compliance is not met. (Jewett) No one was present to represent the Respondent. Member Prast 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 Eric Jewett recommended compliance by July 30, 2018 or the City be permitted to take all reasonable actions, including entry onto the property, to abate the violation and charge the Respondent with the reasonable costs which will become a lien on the property. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before July 30, 2018. If the Respondent does not comply within the time specified, the City may take all reasonable actions, including entry onto the property, to abate the violation and charge the Respondent with the reasonable costs which will become a lien on the property. After 3 months from the recordation date of such lien, if the costs remain unpaid, 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. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance and Non-Compliance as listed and issue orders for Affidavits of Non-Compliance that if the fines and fees remain unpaid 3 months after these liens are recorded, the City Attorney's office is authorized to foreclose, collect or settle such liens using any legal or equitable remedies available under the law. 5.1 Case 49-11 Affidavit of Compliance Moana B. & Rey Jakosalem 1317 Byron Drive Exterior Surfaces -Wilson 5.2 Case 145-17 Affidavit of Compliance Pelican Walk Plaza Investors LLC 483 Mandalay Ave. Signage/Temporary Signs - Knight Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 25, 2018 5.3 Case 29-18 Affidavit of Compliance Emanuel & Dimitra Rev Liv Trust Agreement Kotakis Kotakis, Emanuel Tre 1141 Court St. Temporary Signs - Knight 5.4 Case 53-18 Affidavit of Compliance Lanter, Gail M Trust 2750 Edenwood Street Inoperative Vehicle- Brown 5.5 Case 56-18 Affidavit of Compliance Valdoston Shealey Larry Shealey 1149 Woodlawn Street Exterior Surfaces/ Lot Clearing - Fletcher 5.6 Case 63-18 Affidavit of Compliance Christopher& Jennifer Tate 217 N. Saturn Avenue Parking Lot Surfaces - Stewart 5.7 Case 78-18 Affidavit of Compliance Abid Ralman Dilber Chaudry 1050 Sunset Point Road Lot Clearing/Grass Parking/Windows/Hauling Trailer/Exterior Surfaces - Stewart 5.8 Case 79-18 Affidavit of Compliance Abid Ralman Dilber Chaudry 1052 Sunset Point Road Parking Lot Surfaces/Door &Window/Exterior Storage/Lot Clearing/Fences - Stewart 5.9 Case 80-18 Affidavit of Compliance Abid Ralman Dilber Chaudry 1054 Sunset Point Road Exterior Surfaces/Lot Clearing/Fences - Stewart 5.10 Case 81-18 Affidavit of Compliance Tsetse LLC Lumar Holdings 1058 Sunset Point Road Hauling Trailer/Grass Parking/Exterior Storage/Inoperative Vehicle/Lot Clearing - Stewart 5.11 Case 82-18 Affidavit of Compliance Carlos Arevalo 1519 S. Madison Ave. Exterior Surfaces - Fletcher Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 25, 2018 5.12 Case 194-17 Affidavit of Non Compliance Bruno One Inc. 2171 Beecher Rd. Exterior Surfaces/Roof Maintenance - Hollifield 5.13 Case 09-18 Affidavit of Non Compliance Celeste A Kroha 1919 Beckett Lake Dr. Exterior Surfaces - Hollifield 5.14 Case 64-18 Affidavit of Non Compliance Ron A. White 221 N. Saturn Avenue Exterior Surfaces - Stewart No one was present to represent the Respondents. Member Strickland moved to accept the Affidavits of Compliance for Cases 49-11, 145-17, 29-18, 53-18, 56-18, 63-18, 78-18, 79-18, 80-18, 81-18, and 82-18 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 194-17, 09-18 and 64-18 that also state after 3 months from the recordation date of such lien, if the fines and fees remain unpaid, 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. 5.15 Case 79-18 Affidavit of Non Compliance Abid Ralman Dilber Chaudry 1052 Sunset Point Road Exterior Surfaces —Stewart AND 5.16 Case 81-18 Affidavit of Non Compliance Tsetse LLC Lumar Holdings 1058 Sunset Point Road Exterior Surfaces -Stewart Peter Meroli, owner of Tsetse LLC, and James Meroli, property manager for 1052 and 1058 Sunset Point Road, were present. James Meroli said the Code Inspector told him they had until Tuesday or Wednesday to comply and she would inspect the property on Friday. He said he had letters from property tenants complimenting the property and complaining the inspector was harassing them. Inspector Allie Stewart said Notices of Violation were issued in December 2017 for 1058 Sunset Point and in February 2018 for 1052 Sunset Point Road. The properties were in compliance except for exterior surfaces. She visited the properties numerous times, reviewed necessary repairs with Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 25, 2018 James Meroli, and told him to call her when repairs were completed, he never contacted her again. During her last inspection, exterior surfaces and window coverings still had mold, exterior surfaces were sun damaged where vines had been removed and the chimney was not painted. The fine was $250 per day per property. Code Compliance Manager Terry Teunis said even if the respondents presented photographs of repairs, an inspection by a Code Enforcement Inspector was required to verify compliance. James Meroli said he had tried calling the inspector several times but his calls were not returned. Peter Meroli said most of the infractions were at the 1058 Sunset Point Road property which he could not get to. He said the inspector had not responded to his 5 or 6 emails. He said this issue was about her timeliness. He said he had spent more than $20,000 on repairs and had a contract to develop the property. In response to a question, he said the property manager had attended the May 23, 2018 MCEB meeting. He said repairs were completed around July 11 or 12, 2018. Inspector Stewart said when she inspected the property on July 12, 2018, exterior surfaces had mold and vine lines and the chimney was not painted. Mr. Teunis said he and Inspector Stewart would inspect the property tomorrow. Attorney Fuino submitted composite exhibits. Member Prast moved to continue approval of the Affidavits of Non-Compliance for Cases 79-18 and 81-18 to August 22, 2018. The motion was duly seconded and carried unanimously. 6. Other Board Action 6.1 Consider the Stipulation and Agreement for Case 47-15 for respondents Constance M & Trevor Toenjes at 859 Bruce Ave. Attorney Fuino reviewed the Stipulation and Agreement and submitted composite exhibits. Member Johnson moved to accept the Stipulation and Agreement for Case 47-15. The motion was duly seconded and carried 6.2 Consider request for Case 67-17 by respondent(s) Maria Mancos & Rose Mancos at 1943 Gilbert St.to reduce the fine re violations exterior surfaces and fences; and if approved, issue an order that specifies administration costs and establishes a date payable or the lien will revert to its original amount. (Hollifield) Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes July 25, 2018 Mr. Teunis said the City supported the lien reduction. Administration costs were $1,265.20. The current lien amount was $108,000. Economic Development & Housing Assistant Director Chuck Lane said Bright Community Trust will close on the property on July 31, 2018. It will take approximately 6 months to rehab the affordable housing property and find a qualified buyer. Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order reducing the amount of the lien for Case 67 -17 to administration costs of $1,265.20, payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. 6.3 Review additions to the Board Rules & Regulations for adoption at the September 26, 2018 regular meeting. Attorney Fuino said additions to Rules & Regulations' procedures related to nuisance abatement lien filings would be on the August agenda for adoption. 7. Nuisance Abatement Lien Filings: None. 8. Adjourn The meeting adjourned at 2:45 p.m. pal Code Enforcement Board Chair, Attest: Secret o the Boa Page 8 City of Clearwater