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09/26/2018 Municipal Code Enforcement Board Meeting Minutes September 26, 2018 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 ap m Meeting Minutes Wednesday, September 26, 2018 1 :30 PM Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 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, Board Member Michael Mannino, and Board Member Empty Seat Also Present: Andy Salzman —Attorney for the Board, Michael Fuino —Assistant City Attorney, Nicole Sprague — Secretary to the Board, Patricia O. Sullivan — Board Reporter 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 August 22, 2018 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the August 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 157-18 for respondent(s) Michelle L. Lamontagne at 1766 Murray Ave. for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) No one was present to represent the Respondent. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Inspector Jason Cantrell displayed photographs of the unsafe building. He had not spoken with the property owner. He recommended compliance by October 26, 2018. Assistant City Attorney Michael Fuino submitted composite exhibits. Member Mannino moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent to correct the violation on or before October 26, 2018. If the Respondent does not comply within the time specified, the City may take all reasonable actions, including demolition, which are required to bring the property into compliance, 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. 4.2 Continued from August 22, 2018 - Confirm the violation(s) for Case 131-18 for respondent(s) Tsetse LLC at 405 N Ft. Harrison Ave. for roof maintenance and door and window openings; and issue an order with the compliance deadline and fine if compliance is not met. (Devol) Property owner Peter Meroli admitted to the violations, stating he only had learned about them in the last 6 days. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Diane Devol displayed photographs of the 2 violations for roof maintenance and door and window openings. Mr. Meroli said the property's commercial lease required the tenants to maintain the property. He said he would raze the unsafe building and work with the business owners to resolve the violations. Charlie Wright, manager of Gulf Marine which leases the subject property, said the business had worked to comply with Board directions re Code violations and intended to continue to cooperate with the City. Inspector Devol recommended compliance by October 25, 2018 or a fine of$200 per day per violation be imposed. She said she had been dealing with Mr. Wright and recently was in contact with Mr. Meroli, who was the responsible party. Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Mr. Meroli said he needed more time. He said he could not do what he wanted to the property since the tenants recently moved 30 boats onto his property. Code Compliance Manager Terry Teunis said the City would support a reasonable extension. Staff had worked a long time to bring this property into compliance. It was noted the violations had not occurred overnight. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before October 25, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $200 per day per violation for each day each violation continues to exist. 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. 4.3 Continued from August 22, 2018 - Confirm the REPEAT violation(s) for Case 130-18 for respondent(s) Tsetse LLC at 405 N Ft. Harrison Ave. for outdoor storage, lot clearing, exterior surfaces, and grass parking violations; and issue an order with a daily fine, number of days violation existed, total fine, payment deadline following posting of Order; and if fines and fees remain unpaid 3 months after 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; and if the Respondent repeats the violation, the Board may order a fine of up to $500.00 for each day the violation continues to exist. (Devol) Property owner Peter Meroli denied the repeat violations. Inspector Diane Devol provided a PowerPoint presentation on the 4 repeat violations for exterior surfaces, inoperable vehicle%utdoor storage nuisance, grass parking, and public nuisance/lot clearing. On May 23, 2018, the MCEB (Municipal Code Enforcement Board) found 1058 Sunset Point Road (Case 81-18), owned by Tsetse LLC, to be in violation of Code for the same violations the property at 405 N Ft Harrison Ave, also owned by Tsetse LLC, was now cited. These repeat violations were subject to immediate fine. A slow cleanup process was underway. The Building Inspector will pursue the unsafe building onsite. Attorney for the Board Andy Salzman reviewed the Code re "repeat" violations. Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Mr. Meroli said he was unaware of the law. He said the property needed much work and he could not raze the unsafe building with tenant's property inside. He said he purchased the property in 2005 and now may be the right time to develop it. He said he needed to work with Gulf Marine. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Devol recommended a fine be imposed at $500 per day per violation for the 104 days from June 15 to September 26, 2018 the 4 repeat violations for exterior surfaces, grass parking, inoperative vehicles/outdoor storage, and lot clearing existed for a total of$208,000. A person at Mr. Meroli's office had signed the green card receipt for the notice of violation on June 21, 2018. Mr. Teunis said daily fines for repeat violations could continue until the property met compliance. Mr. Meroli said the fine was extreme and would leave him without money to clean up the property. He said he had brought the Sunset Point Road property into compliance. He said the tenants were supposed to maintain the Ft. Harrison property and he could not remove the tenants'stuff. Discussion ensued re the fine, the tenants, and the need to clean up the property. Member Prast moved to enter an order that a fine of$100 per day be imposed for the 104 days the repeat violations existed for a total fine of $10,400 payable within 30 days of posting of Order. Motion died for lack of a second. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order that a fine of $250 per day per violation be imposed for the 104 days the repeat violations existed for a total fine of $104,000 payable within 30 days of posting of Order. If fines and fees remain unpaid 3 months after 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. If the Respondent repeats the violation, 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. Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 4.4 Continued from August 22, 2018 - Confirm the REPEAT violation(s) for Case 132-18 for respondent(s) Tsetse LLC at 314 N Garden Ave. for outdoor storage, lot clearing, exterior surfaces, and grass parking violations; and issue an order with a daily fine, number of days violation existed, total fine, payment deadline following posting of Order; and if fines and fees remain unpaid 3 months after 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; and if the Respondent repeats the violation, the Board may order a fine of up to $500.00 for each day the violation continues to exist. (Devol) Property owner Peter Meroli denied the repeat violations. Inspector Diane Devol provided a PowerPoint presentation on the 4 repeat violations for exterior surfaces, inoperable vehicle%utdoor storage nuisance, grass parking, and public nuisance/lot clearing. On May 23, 2018, the MCEB found 1058 Sunset Point Road (Case 81-18), owned by Tsetse LLC, to be in violation of Code for the same violations the property at 314 N. Garden Avenue, also owned by Tsetse LLC, was now cited. These repeat violations were subject to immediate fine. A transient lived onsite. Mr. Meroli said when he went to raze the unsafe building he found engines owned by the tenants inside. He said he needed time to remove the boats the tenants had moved onto his property. He said he was meeting with the City and needed to work with the tenants, He said he had been lenient with the tenants and had not wanted to be aggressive after the death of a tenant's family member. He requested 30 days to clean up the property. Attorney Salzman said the violations were ongoing with no time period to correct them. The City could bring this case to the Board every month and request a fine for each day the repeat violations existed. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Devol recommended a fine be imposed at $500 per day per violation for the 104 days from June 15 to September 26, 2018 the 4 repeat violations for exterior surfaces, grass parking, inoperative vehicles/outdoor storage, and lot clearing existed for a total of$208,000. The City would accept a lower fine of$250 per day per violation for the 104 days for a total of$104,000. Mr. Meroli said he had cleaned up the Sunset Point Road property and had he had more time, the repeat violations would not exist. Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order that a fine of $ 250 per day per violation be imposed for the 104 days the repeat violations existed for a total fine of $104,000 payable within 30 days of posting of Order. If fines and fees remain unpaid 3 months after 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. 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. 4.5 Continued from June 27, 2018 and August 22, 2018 - Confirm the violation(s) for Case 100-18 for respondent(s) Amanda Bauner at 1466 Laura St. for landscaping; and issue an order with the compliance deadline and fine if compliance is not met. (Hollifield) No one was present to represent the Respondent. Inspector Sherry Hollifield said the property was in compliance and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Prast 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. 4.6 Continued from August 22, 2018: Confirm the violation(s) for Case 120-18 for respondent(s) Veronica Zerman at 301 N Madison Ave. for exterior surfaces, roof, landscape maintenance, and parking lot surfaces; 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 Mannino moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Eric Jewett displayed photographs of the 5 violations for exterior surfaces, roof, windows & doors maintenance, landscape maintenance, and parking lot surfaces. The property had been unoccupied for an extended time. Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Gwen Smith said she was a neighbor and thanked Inspector Jewett for his efforts. She said the subject property was in disrepair and had exterior black mold, and racoons, rats, and feral cats that posed a threat to the neighborhood. Inspector Jewett recommended compliance by October 24, 2018 or a fine of$200 per day per violation be imposed. Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violations on or before October 24, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $200 per day per violation for each day each violation continues to exist. 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. 4.7 Confirm the violation(s) for Case 134-18 for respondent(s) Neim D Abdullaj at 517 N Saturn Ave. for Parking Lot Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) No one was present to represent the Respondent. Member Johnson moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Shelby Brown displayed photographs of the 1 violation for parking lot surfaces at the rental duplex property. She recommended compliance by October 26, 2018 or a fine of$150 per day be imposed. Attorney Fuino submitted composite exhibits. Member Strickland moved to enter an order requiring the Respondent to correct the violation on or before October 26, 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. Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 4.8 Confirm the violation(s) for Case 135-18 for respondent(s) Pillar Appraisals Inc at 1730 Kenneth PI for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Brown) No one was present to represent the Respondent. Inspector Shelby Brown said the property was in compliance and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Prast 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 $500.00 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. 4.9 WITHDRAWN: Confirm the violation(s) for Case 136-18 for respondent(s) Bruce & Deborah Mesagno at 1407 N Betty Ln. for Attached Signs & Signage without Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Case 136-18 was withdrawn. 4.10Confirm the violation(s) for Case 137-18 for respondent(s) RNJ Sand Key LLC at 1261 Gulf Blvd for Temporary Signs and Signage without Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) No one was present to represent the Respondent. Inspector Daniel Knight said the property was in compliance for temporary signs and requested a declaration of violation for that violation. Member Prast 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 for temporary signs 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. Inspector Knight said the violation for signage without permits had not been corrected. He recommended compliance by October 26, 2018 or a Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 fine of$150 per day be imposed. He displayed photographs of the violation. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case for signage without permits. The motion was duly seconded and carried unanimously. Attorney Fuino submitted composite exhibits. Member Engel moved to enter an order requiring the Respondent to correct the violation for signage without permits on or before October 26, 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. 4.11 Confirm the violation(s) for Case 138-18 for respondent(s) Me Myself& I Inc at 1495 S Martin Luther King, Jr. Ave. for Sign Maintenance and Signage without Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Tenant Richard Dewhouse denied the violation. Noor Sansuv, property manager representing the property owner, was present. Inspector Daniel Knight said the property was in compliance for sign maintenance and requested a declaration of violation for that violation. Member Prast 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 for sign maintenance 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. Inspector Knight provided a PowerPoint presentation for the signage without permits violation. Permitted signs had been removed and 2 new signs were installed without permit. The Notice of Violation had included compliance information. Mr. Dewhouse said the referenced signs were there when he purchased the business in 2015. Page 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Mr. Sansuv said he recently took over management of the property and did not know its history. He said the property owner did not know when the subject signs were installed and was willing to obtain a permit but needed time. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case for signage without permits. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance by October 26, 2018 or a fine of$150 per day be imposed. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation for signage without permits on or before October 26, 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. The MCEB recessed from 3:10 to 3:15 p.m. 4.12Confirm the REPEAT violation(s) for Case 139-18 for respondent(s) Now Investment Inc at 1745 Drew St. for Temporary Signs violation(s); and issue an order with a daily fine, number of days violation existed, total fine, payment deadline following posting of Order; and if fines and fees remain unpaid 3 months after 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; and if the Respondent repeats the violation, the Board may order a fine of up to $500.00 for each day the violation continues to exist. (Knight) No one was present to represent the Respondent. Member Mannino moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Daniel Knight said on June 27, 2018, the MCEB issued a Declaration of Violation for temporary signs on this property. He noticed the signs had returned on July 3, 2018. The building tenant had agreed to Page 11 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 pay the repeat violation fine. On August 27, 2018, Inspector Shelby Brown witnessed temporary signs from the subject business being placed in the right-of-way of a different street. He displayed photographs of the violation at 1745 Drew Street on July 3, 13, 14, 16, and 18, 2018 and at another location on September 25, 2018 after the business owner was aware the temporary signs violated Code. The property owner could not be charged for signage placed in another location. Inspector Knight recommended a fine be imposed at $500 per day per violation for the 5 days (July 3, 13, 14, 16, and 18, 2018) the temporary signs were displayed at 1745 Drew Street for a total of$2,500. Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order that a fine of $500 per day be imposed for the 5 days the repeat violation existed for a total fine of $2,500 payable within 30 days of posting of Order. If fines and fees remain unpaid 3 months after 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. 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. Members Strickland, Engel, Johnson, Mannino, and Chair Carothers voted "Aye"; Member Prast voted "Nay." Motion carried. 4.13WITHDRAWN: Confirm the violation(s) for Case 140-18 for respondent(s) Veronica Zerman at 301 N Madison Ave for Exterior Surfaces, Clean Roof, Parking Lot Surfaces, and Landscape Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Jewett) Case 140-18 was withdrawn. 4.14Confirm the violation(s) for Case 141-18 for respondent(s) Pat Brooking at 1118 LaSalle St. for Lot Clearing, Exterior Surfaces, and Door and Window Openings; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) No one was present to represent the Respondent. Member Mannino moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Julie Phillips displayed photographs of the 3 violations for lot clearing, exterior surfaces, and door and window openings. She recommended compliance by October 9, 2018 or a fine of$150 per day per violation be imposed. Page 12 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violations on or before October 9, 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. 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. 4.15Confirm the violation(s) for Case 142-18 for respondent(s) Kantar Investment Group Corp at 1209 N FT. Harrison Ave. for Abandoned Building and Lot Clearing; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) No one was present to represent the Respondent. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Julie Phillips said the property was in compliance for lot clearing and requested a declaration of violation. Member Prast moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case for lot clearing, 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. Inspector Phillips displayed photographs of the abandoned building violation and recommended compliance by October 26, 2018 or a fine of $250 per day be imposed. Attorney Fuino submitted composite exhibits. Member Engel moved to enter an order requiring the Respondent to correct the violation for abandoned building on or before October 26, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day for each day the violation continues to exist. 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 Page 13 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.16Confirm the violation(s) for Case 143-18 for respondent(s) Parvane Zacaim at 1738 N Ft. Harrison Ave. for Parking Lot Surfaces, Exterior Surfaces, Abandoned Building, and Lot Clearing; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) Property owner Parvane Zacaim said she had taken care of most of the violations but needed City help to bring the property into compliance. Member Johnson moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Julie Phillips displayed photographs of the 4 violations for parking lot surfaces, exterior surfaces, abandoned building, and lot clearing. The vehicles had been removed. She reviewed the Myrtle Avenue redesign's turn arrows that funneled traffic, including semitrailer trucks, onto Ms. Zacaim's property. The City and property owner each owned half of the alley. She recommended providing the property owner sufficient time to complete the paving project in conjunction with the City. Ms. Zacaim said she could correct the parking lot surfaces violation within 4 months. Inspector Phillips recommended compliance for the exterior surfaces and lot clearing violations by October 26, 2018, and 3 to 4 months to correct the parking lot surfaces and abandoned building violations or a fine of$200 per day per violation be imposed. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations for exterior surfaces and lot clearing on or before October 26, 2018 and to correct the violations for parking lot surfaces and abandoned building on or before January 26, 2019. If the Respondent does not comply within the times specified, the Board may order a fine of $200 per day per violation for each day each 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. Page 14 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 4.17Confirm the violation(s) for Case 144-18 for respondent(s) William N Carroza, Julian S Weiss Living Trust at 1740 N. Ft. Harrison Ave. for Abandoned Building, Inoperative Vehicle, and Lot Clearing, ; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) Property owner Julian Weiss admitted to the violations. Member Engel moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Julie Phillips recommended compliance by October 26, 2018 or a fine of$200 per day per violation be imposed for the 3 violations for abandoned building, inoperative vehicle, and lot clearing. She displayed photographs of the violations. Mr. Weiss said the property was in compliance except for the boat, his boat hauler would not return to town for 45 days. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before November 11, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $200 per day per violation for each day each violation continues to exist. 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. 4.18Confirm the violation(s) for Case 145-18 for respondent(s) Pasers Fund Holdings LLC at 1610 Kings Highway for Exterior Surfaces and Door and Window Openings; and issue an order with the compliance deadline and fine if compliance is not met. (Della Volpe) Property Manager Alice Howard denied the violation. Inspector Stephen Della Volpe provided a PowerPoint presentation re the 2 violations for exterior surfaces and door and window openings. Ms. Howard said the windows were replaced in August but often were broken by vandals. She said the property was not occupied. Inspector Della Volpe said the property was in compliance for door and window openings and requested a Declaration of Violation for that violation. Page 15 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Member Prast 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 for door and window openings 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 Johnson moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case for exterior surfaces. The motion was duly seconded and carried unanimously. Inspector Stephen Della Volpe recommended compliance by October 26, 2018 or a fine of$200 per day be imposed for exterior surfaces violation. Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the exterior surfaces violation on or before October 26, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $100 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. 4.19Confirm the violation(s) for Case 146-18 for respondent(s) Fredrick & Malinda Howard at 1436 Rosetree Ct. for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Marcus Howard, representing his parents the property owners, admitted to the violation. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Gregory Dixon provided a PowerPoint presentation re the single violation for exterior surfaces. Mr. Howard said every painting contractor he contacted could not provide a quote to paint the house until mid-October. He said his family planned to repair the cedar and paint the house. He said he had purchased 20 gallons of paint but needed help with the project. Page 16 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Inspector Dixon recommended compliance by October 9, 2018 or a fine of$150 per day be imposed. Mr. Howard requested additional time due to recent inclement weather. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before October 26, 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. 4.20Confirm the REPEAT violation(s) for Case 156-18 for respondent(s) 1510 Barry Holding LLC at 1510 Barry Rd. for Lot Clearing and Fences and Walls violation(s); and issue an order with a daily fine, number of days violation existed, total fine, payment deadline following posting of Order; and if fines and fees remain unpaid 3 months after 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; and if the Respondent repeats the violation, the Board may order a fine of up to $500.00 for each day the violation continues to exist. (Phillips) No one was present to represent the Respondent. 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 and has committed a repeat violation. The motion was duly seconded and carried unanimously. Inspector Julie Phillips provided a PowerPoint presentation and indicated she had tried to contact the owner via property representative Todd Pressman and via mail to the owner's Boca Raton address. The only response she received was from Mr. Pressman who indicated it would be taken care of, she submitted a copy of her email conversation with Mr. Pressman into evidence. She displayed photographs of the 2 repeat violations for lot clearing and fence maintenance dated August 23, 24, 25, 26, 27, 28, 29, 30 and 31 and September 1, 2, and 3, 2018. September 4, 2018 photographs showed the violations had been corrected. Inspector Phillips recommended a fine be imposed at $500 per day per violation for the 12 days from August 23 to September 3, 2018 the 2 Page 17 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 violations for fence maintenance and lot clearing existed. Member Prast moved to enter an order that a fine of $1,000 per day be imposed for the 12 days the repeat violations existed for a total fine of $12,000 payable within 30 days of posting of Order. If fines and fees remain unpaid 3 months after 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. 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. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed: 5.1.1 Case 90-17 Baymont East LLC 480 East Shore Dr C Residential Rental Business Tax Receipt (Devol) 5.1.2 Case 22-18 Jacqueline Ann Omes 3604 Brigadoon Cir. Exterior Surfaces (Brown) 5.1.3 Case 26-18 Charles & Sandra Snider 1545 Laura St. Lot Clearing/Exterior Surfaces/Windows Maint./Clean Roof (Fletcher) 5.1.4 Case 65-18 East Shore International Enterprises LLC 409 East Shore Dr. Prohibited Mooring (Devol) 5.1.5 Case 79-18 Abid Ralman Dilber Chaudry 1052 Sunset Point Rd. Exterior Surfaces (Stewart) 5.1.6 Case 86-18 Polly Property LLC 2046 Gulf to Bay Blvd. Signage without Permits (Knight) Page 18 City of Clearwater Municipal Code Enforcement Board 5.1.7 Case 106-18 Tru 2005 RE I LLC 26286 US Highway 19 Sign Maintenance (Knight) Meeting Minutes September 26, 2018 Member Prast moved to accept the Affidavits of Compliance for Cases 90-17, 22-18, 26-18, 65-18, 79-18, 86-18, and 106-18. The motion was duly seconded and carried unanimously. 5.2 Accept the Affidavit(s) of Non -Compliance for Case 54-18 for respondent(s) Carl Beal Est. at 1849 Diane Dr. for Exterior Surfaces; 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. (Brown) Ashley Plumstead, representing the new owner, said the owner purchased the investment property at auction and received title on August 29, 2018. She said the rotten deck had been removed and pressure washing the structure began yesterday. She said the unoccupied house will be painted. Attorney Fuino requested the Case be continued to October 24, 2018. The City will not request a fine if the property is in compliance by then. Member Prast moved to continue Case 54-18 to October 24, 2018. The motion was duly seconded and carried unanimously. 5.3 Accept the Affidavit(s) of Non -Compliance for Case 97-18 for respondent(s) Alberta Harris at 1128 Harris Ln. for Residential Grass Parking, Roof Maintenance, Inoperative Vehicle, and Lot Clearing; 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. (Fletcher) No one was present to represent the Respondent. Member Mannino moved to accept the Affidavits of Non -Compliance and issue the Order imposing fines for Case 97-18 that also states 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. 5.4 Continue to October 24, 2018: Accept the Affidavit(s) of Non -Compliance for Case 107-18 for respondent(s) Lourdes T Santiago at 300 Windward Isl for Residential Rental BTR and Short Term Rental; 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. (Phillips) Page 19 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 Case 107-18 was continued automatically to October 24, 2018 6. Other Board Action 6.1 Consider the Stipulation and Agreement for Case 19-18 for respondents T X Central R E Investments LLC at 1201 Brigadoon Dr. No one was present to represent the Respondent. Attorney Fuino said the signed Stipulation and Agreement required the new owner to bring the property into compliance by October 31, 2018 and then pay the fine reduced to administration costs of$1,213.20. He submitted composite exhibits. Member Johnson moved to accept the Stipulation and Agreement for Case 19-18. The motion was duly seconded and carried unanimously. 6.2 Consider the Stipulation and Agreement for Case 23-18 for respondent Troy A. Brandt at 2410 Parkstream Ave. No one was present to represent the Respondent. Attorney Fuino said the Stipulation and Agreement required sale of the property to close by October 31, 2018, the roof to be repaired by January 29, 2019, and the fine reduced to administration costs of$1,447.20 to be paid by February 28, 2019. He submitted composite exhibits. Member Johnson moved to accept the Stipulation and Agreement for Case 23-18. The motion was duly seconded and carried unanimously. 6.3 Board Discussion: Consider allowing lien reductions for repeat violations in certain circumstances. Attorney Fuino said MCEB Rules and Regulations prohibited the reduction of repeat violation fines. The City requested the MCEB amend its Rules and Regulations to allow reductions to repeat violation fines. Attorney Salzman said the MCEB would have the option to reduce repeat violation fines on an individual case basis. The City will bring forward the change to the Rules and Regulations for approval at the next meeting. Consensus was to support the change. 7. Nuisance Abatement Lien Filings Page 20 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 7.1 Accept the Nuisance Abatement for Case PNU2018-00838 for respondent(s) Josephine Padden Tre at 51 Verbena St. for Lot Clearing; if 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. (Devol) No one was present to represent the Respondent. See below for motion to approve. 7.2 Accept the Nuisance Abatement for Case PNU2018-01003 for respondent(s) Florida Minority Comm Reinvestment Coalition Inc at 907 Plaza St. for Lot Clearing; 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. (Jewett) No one was present to represent the Respondent. See below for motion to approve. 7.3 Accept the Nuisance Abatement for Case PNU2018-01016 for respondent(s) SRP Sub LLC at 1401 S Hibiscus St. for Lot Clearing; 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. (Jewett) No one was present to represent the Respondent. See below for motion to approve. 7.4 Accept the Nuisance Abatement for Case PNU2018-01141 for respondent(s) Yoena Paulino at 1376 S Hillcrest Ave. for Inoperative Vehicle; 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. (Touray) No one was present to represent the Respondent. Inspector Yusupha Touray provided a PowerPoint presentation. He said the property was in compliance and requested a declaration of violation. 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. Page 21 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 7.5 Accept the Nuisance Abatement for Case PNU2018-01178 for respondent(s) LSF9 Master Participation Trust at 2948 St. John Dr. for Lot Clearing; 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. (Brown) No one was present to represent the Respondent. See below for motion to approve. 7.6 Accept the Nuisance Abatement for Case PNU2018-01026 for respondent(s) Muhammad Ilyas Khan at 1131 Marshall St. for Lot Clearing; 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. (Jewett) No one was present to represent the Respondent. See below for motion to approve. 7.7 Accept the Nuisance Abatement for Case PNU2018-01023 for respondent(s) Ranjoe Banga, Evangelin Comighod, & Christituta Comighod at 1529 Clark St. for Outdoor Storage; 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. (Della Volpe) Property owner Ranjoe Banga admitted to the violation. Inspector Stephen Della Volpe provided a PowerPoint presentation on the 1 violation for outdoor storage. Mr. Banga said he was not making money repairing vehicles at the house. He said the station wagon was being repaired because the transmission recently broke and he could not afford to have a shop make the repairs. He said he needed 30 days to clear the property. Mr. Teunis said vehicle repairs were permitted inside a garage but not outside in residential neighborhoods. The City sought removal of all inoperative vehicles, auto parts, tools, and exterior storage. Mr. Della Volpe recommended compliance by October 1, 2018. In response to a question, Attorney Salzman said inoperative vehicles could be towed from the property. Member Mannino moved to enter an order finding the Respondent in violation of the City of Clearwater Code and Page 22 City of Clearwater Municipal Code Enforcement Board Meeting Minutes September 26, 2018 requiring the Respondent to correct the violations within 30 days of the Board's written order. 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 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. 7.8 Accept the Nuisance Abatement for Cases PNU2018- 00945, PNU2018- 00946, & PNU2018 -00947 for respondent(s) Vanessa Hale at 2209 Jaffa PI for Public Nuisance Condition, Public Health, Safety or Welfare Nuisance, and Inoperative Vehcile; 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. (Phillips) No one was present to represent the Respondent. Member Johnson moved to enter an order finding the Respondents for cases PNU2018 00838, PNU2018 01003, PNU2018 01016, PNU2018 01178, PNU2018 01026, PNU2018 00945, and PNU2018 00946 in violation of the City of Clearwater Code and requiring the Respondent to correct the violations within five days of the Board's written order. 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 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. 8. Adjourn Attest: The meeting adjourned at 5:00 p.m. ;Awl, e /�`[ Secretary to the : oard City of Clearwater ipal Code Enforcement Boar