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06/27/2007 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 27, 2007 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Kelly Wehner Board Member Richard Avichouser Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Absent: Richard Adelson Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Camilo Soto Assistant City Attorney Ron Freeman Attorney for the Board Mary K. Diana Secretary for the Board Brenda Moses Board Reporter The Chair called the meeting to order at 3:00 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 286.0107 requires any party appealing a decision of this Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. Case 14-07 – Cont’d. from 5/23/07 George T. Bleasdale – Clearwater Muffler & Brake 1216 N. Ft. Harrison Grass Parking, Parking Lot Surfaces – Collins AND B. Case 15-07 – Cont’d. from 5/23/07 George T. Bleasdale – Clearwater Muffler & Brake 1212 N. Ft. Harrison Grass Parking, Parking Lot Surfaces – Collins Assistant City Attorney Leslie Dougall-Sides reported the Board continued Cases 14-07 and 15-07 last month to await an opinion from Andy Salzman, Board Attorney, whether any nonconforming use exists on the properties. The property owners are requesting another continuance. Attorney Ron Freeman, representing the Board, presented Mr. Salzman’s opinion that the groundcover would not have been grandfathered. Code Enforcement 2007-06-27 1 Property owner George Bleasdale said, since the last hearing, he has hired an attorney to represent him. However, due to a conflict, he could not attend today’s hearing and that is why he is requesting another continuance. He said he only replenished rock that previously had covered the parking area. Development Services Manager Bob Hall said the Planning Department reported the vacant parcel does not have a use associated with it and the storage that is occurring on this parcel must be removed. There are parking issues with both parcels. Attorney Freeman said evidence was presented at the May meeting and further discussion on factual matters is inappropriate unless the Board reopens the public hearing. He said the Board should only be discussing whether a violation exists and whether a fine is warranted. In response to a question, Mr. Hall recommended the property be brought into compliance by August 1, 2007, or a $250 fine per day per parcel be imposed. Discussion ensued regarding the fine, and a $100 per day per parcel fine was suggested. Member Campbell moved to not reopen the public hearing for Cases 14-07 and 15-07. motioncarried The was duly seconded and unanimously. Case 14-07 Member Keyes moved that came before the City of Clearwater Code Enforcement Board on June 27, 2007, 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 vehicles and other items are being parked and/or stored on grass or other unpaved surfaces on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1502.K.4 and 3-1403.B.1 as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by August 1, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $100.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Cornelius Collins, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. Code Enforcement 2007-06-27 2 Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. AND Case 15-07 Member Keyes moved that before the City of Clearwater Code Enforcement Board on June 27, 2007, 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 vehicles and other items are being parked and/or stored on grass or other unpaved surfaces on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1502.K.4 and 3-1403.B.1as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by August 1, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $100.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Cornelius Collins, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the Code Enforcement 2007-06-27 3 execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. C. Case 18-07 – Cont’d. from 5/23/07 Dirk Wellbrock 1628 Drew Street Exterior Surfaces – O’Neil Staff withdrew Case 18-07. D. Case 20-07 John W. Gray 204 Pennsylvania Avenue (Public Nuisance Appeal) – Collins Property owner John Gray admitted to the violations and requested 90 days to correct the violations. Mr. Hall stated staff had no objection to the request. Mr. Hall noted this was a public nuisance appeal; and if Mr. Gray fails to bring the property into compliance, the City can abate the nuisance at the owner’s expense and lien the property for that amount. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on June 27, 2007, 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 a public nuisance exists. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1503.B.6 and 3-1503.B.7 as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by October 1, 2007. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Cornelius Collins, who shall inspect the property and notify the Board of compliance. If Respondent(s) does/do not comply within the time specified, the City Manager may authorize entry upon the property and take such action as is necessary to abate the nuisance at the owner’s expense without further notice. A certified copy of the Order imposing costs of abatement, plus administrative costs, 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. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the Code Enforcement 2007-06-27 4 filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. motioncarried The was duly seconded and unanimously. E. Case 21-07 Augustine Patel 1104 Carlton & 1405 N. Martin Luther King Jr. Ave Property Maintenance, Exterior Storage – Collins This case was continued by staff to August 22, 2007. F. Case 22-07 Alan K. Wiley & Mona L. Wiley 1334 Fairmont Street Vehicle Repair, Exterior Storage, Grass Parking, Inoperative Vehicle – Espinosa No one was present to represent the property owners. Inspector Nilda Espinosa provided a PowerPoint presentation. Violations at 1334 Fairmont Street relate to vehicle repair and grass parking in a residential area, inoperative vehicles, and storage units in the back yard. The initial inspection was done on September 13, 2006. Additional violations observed on February 15, 2007, included the repair of vehicles on site and a motorized boat lacking registration. Inspector Espinosa recommended the property be brought into compliance by July 18, 2007, or a $250 per day per violation fine be imposed. Attorney Soto submitted City composite exhibits. In response to a question, Ms. Espinosa said the property owner was repairing vehicles for his neighbors. Member Wehner moved that this case came before the City of Clearwater Code Enforcement Board on June 27, 2007, 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, Respondent had no representation, it is evident exterior storage, inoperative vehicles and vehicular repair, grass parking, and portable storage are occurring on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-915.C, 3-1502.G, 3-1407.A.4, 3-2103.A.6 and 1503.B.6 as referred in the Affidavit in this case. Code Enforcement 2007-06-27 5 ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by July 18, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Nilda Espinosa, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. motioncarried The was duly seconded and unanimously. G. Case 23-07 Florence Panteles 1496 S. Missouri Avenue Portable Storage Unit – Ruud Property owner Florence Panteles did not admit to the violation. Inspector Alan Ruud provided a PowerPoint presentation. Violations at 1496 S. Missouri Avenue relate to a portable storage unit on the property. The initial inspection was done on April 25, 2007, and the notice of violation issued. Staff advised the property owner that the storage unit could not be approved as an accessory structure as portable storage units are not permitted in this district. Mr. Ruud recommended the property be brought into compliance by July 18, 2007, or a $250 per day fine be imposed. Mr. Hall said several years ago an ordinance regarding portable storage units was put into place which required the removal of a POD on the property. He was unsure when the subject unit appeared. He said portable storage units are permitted under specific conditions for short time periods. Ms. Panteles said the container has been on the property for more than nine years and distributed a copy of her property survey. She said she has applied for an occupational license and needs the unit to store business supplies. She questioned why the container had not been cited before she purchased the property in May of 2006. Code Enforcement 2007-06-27 6 Attorney Dougall-Sides stated that the ordinance pertaining to portable storage units was adopted in 2000, therefore this storage unit violates Code. In response to questions, Development Review Manager Neil Thompson stated the storage unit marked on Ms. Panteles’ survey is an accessory structure/storage container and not a trailer. Ms. Panteles said her unit should be grandfathered as it has been on the property, bolted to the ground for nine years. She said the unit is not detrimental to anyone. In response to a question, Mr. Thompson said Ms. Panteles could apply for a permit to construct an attached or detached addition on the property to meet her storage needs. He indicated the subject portable storage unit never was permitted. Mrs. Panteles said it would be difficult to open her business without this storage unit. She is preparing to landscape, paint, etc. and needs the unit for supplies. She said the storage unit is surrounded by commercial properties. She said she had borrowed money to open her business and encouraged board members to visit the site. She questioned if enclosing the unit would satisfy staff. It was stated the board is not authorized to approve the storage unit, nor provide advice. It was suggested that Ms. Panteles work with Planning staff. In response to a question, Ms. Panteles said she plans to open her business on July 15, 2007. Mr. Thompson said it is possible to obtain a standard building permit within a week if Code criteria are met. It was remarked that the length of time the storage unit was in place is irrelevant. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on June 27, 2007, 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 a storage container is on the property and has not been approved by the City for continued use. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 2103.a.6 as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by September 1, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Alan Ruud, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. Code Enforcement 2007-06-27 7 Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. motioncarried The was duly seconded and unanimously. H. Case 24-07 Alice Monroe 2468 Timbercrest Circle W. Public Nuisance, Lot Clearing, Fences – Phillips No one was present to represent the property owner. Inspector Julie Phillips provided a PowerPoint presentation. Violations at 2468 Timbercrest Circle W. include a dirty swimming pool posing a mosquito problem, overgrowth in the back yard, and rotted fencing. Acknowledgement of the violations was by posting the property. The initial inspection was done on April 4, 2007 and a Notice of Violation issued on April 16, 2007. The property owner has not contacted staff. A tenant lives on site. Inspector Phillips recommended the property be brought into compliance by July 31, 2007, or a $150 per day per violation fine be imposed. Attorney Soto submitted City composite exhibits. Member Campbell moved that this case came before the City of Clearwater Code Enforcement Board on June 27, 2007, 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, Respondent had no representation, it is evident a public nuisance condition exists, the backyard is overgrown and the tree in front is encroaching into the pedestrian sidewalk and the fence is in need of repair. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1503.B.1, 3-1503.B.5, 3-1503.B.7, 3-808.A.2.6 and 3-1503.B.10 as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by July 31, 2007. If Respondent(s) does/do not comply within the Code Enforcement 2007-06-27 8 time specified, the Board may order a fine of $150.00 per day for each day the violation continues to exist. 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) fail/fails 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. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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 motioncarried The was duly seconded and unanimously. I. Case 25-07 Kimble R. Mc Neal & Mary L. Mc Neal 310 Coachman Road Grass Parking, Vehicle Sales – Franco Property owner Kimble McNeal admitted to the violation. Inspector Peggy Franco said the violation relates to vehicle sales. Since December 2005, approximately 10 vehicles have been offered for sale on this property. Vehicles often are parked on the grass. She said the property owner has requested additional time to comply. She reviewed repeat violation issues with the property owner. Inspector Franco recommended the property be brought into compliance by July 30, 2007, or a $150 per day per violation fine be imposed. Attorney Soto submitted City composite exhibits. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on June 27, 2007, 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, and an admission of guilt by Respondent, it is evident residential grass parking and vehicle sales are occurring which is not permitted at this property. Code Enforcement 2007-06-27 9 CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by July 20, 2007. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) 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. motioncarried The was duly seconded and unanimously. 2. UNFINISHED BUSINESS A. Cases 32-06, 33-06, 34-06, 35-06 –Affidavits of Non-Compliance–Contd from 5/23/07 Jozef Bogacki 1451 Cleveland Street 1455 Cleveland Street 1454 Park Street 15 S. San Remo The Affidavits of Non-Compliance for Cases 32-06, 33-06, 34-06, and 35-06 were withdrawn by staff. B. Case 32-06 – Affidavit of Compliance Jozef Bogacki 1451 Cleveland Street Property Maintenance – Espinosa Code Enforcement 2007-06-27 10 AND C. Case 33-06 – Affidavit of Compliance Jozef Bogacki 1455 Cleveland Street Property Maintenance – Espinosa AND D. Case 34-06- Affidavit of Compliance Jozef Bogacki 1454 Park Street Property Maintenance - Espinosa AND E. Case 35-06 – Affidavit of Compliance Jozef Bogacki 15 S. San Remo Property Maintenance – Espinosa AND F. Case 01-07 – Affidavit of Compliance Robert Schoeller 630 Drew Street Fences & Walls, Exterior Surfaces & Exterior Storage - Collins AND G. Case 02-07 – Affidavit of Compliance Robert Schoeller 632 Drew Street Exterior Surfaces & Exterior Storage – Collins AND H. Case 07-07 – Affidavit of Compliance O & P Investments of Tampa, Inc 1225 S. Highland Avenue Exterior Surfaces – Franco AND I. Case 10-07 – Affidavit of Compliance Athena Capital Properties, Inc Douglas J. Weiland Elizabeth C. Sirna 3281 Landmark Drive Occupational License – Shawen Code Enforcement 2007-06-27 11 AND J. Case 11-07 – Affidavit of Compliance JES Properties, Inc Douglas J. Weiland Elizabeth C. Sirna 3281 Landmark Drive Occupational License – Shawen AND K. Case 78-06 – Affidavit of Non-Compliance Celia Harmon Est C/O Pugh, Teretha 1107 Tangerine Street Landscape Cover/Vacant Lot – Collins AND L. Case 79-06 – Affidavit of Non-Compliance Celia Harmon Est C/O Pugh, Teretha 1309 N. Martin Luther King Jr. Landscape Cover/Vacant Lot – Collins AND M. Case 80-06 – Affidavit of Non-Compliance Crescenzo Land Holdings, Inc. 1313 N. Martin Luther King Jr. Landscape Cover/Vacant Lot – Collins Member Keyes moved to accept the Affidavits of Compliance for Cases 32-06, 33-06, 34-06, 35-06, 01-07, 02-07, 07-07, 10-07, and 11-07, and the Affidavits of Non-Compliance and motion Orders imposing fines for Cases 78-06, 79-06, and 80-06. The was duly seconded and carried unanimously. It was noted Mr. Crescenzo was present to speak to the Affidavit of Non-Compliance for Case 80-06. Wayne Crescenzo, property owner, said his father had passed away, causing him to miss the original hearing and 30-day appeal deadline. He said he had tried to work with staff. He said it would be difficult to landscape the corner lot due to its location on two busy streets and illegally parked vehicles. He said the Police Department had erected signs to try to deter trespassing. Mr. Freeman reviewed the Board’s rules and indicated after a fine is imposed, a violator can address the Board regarding the hardship in coming into compliance. Mr. Hall said, typically, fencing or barricades are not permitted on these properties due to their size and location. Code Enforcement 2007-06-27 12 Member Keyes moved to accept the Affidavit of Non-Compliance and issue the Order motion imposing the fine for Case 80-06. The was duly seconded. Mr. Crescenzo said groundcover and seed installed and watered on an adjacent property had not grown due to drought conditions and parking issues. He said his property is for sale and he is constantly having to remove debris from the property. Mr. Hall said staff may allow a short fence or barricade to be installed to alleviate some pedestrian and vehicular traffic. carried Upon the vote being taken, the motion unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 07-07 – Request for Fine Reduction O & P Investments of Tampa, Inc. 1225 S. Highland Avenue Exterior Surfaces – Franco (Fine - $14,750) Jennifer DeAngelo, representative, said the property has been vacant and for sale for some time. She said the owner thought the property was in compliance after the building was painted. She said on April 5, 2007, Inspector Franco had advised the property owner that the property was not in compliance and Ms. Dougall-Sides’ May 25, 2007, letter listed the items that needed to be addressed. She said immediately after that, the property was brought into compliance. Ms. DeAngelo requested the fine be reduced or abated, as the property owner had spent approximately $20,000 to bring the property up to code. Inspector Franco said on April 5, 2007, the property owner was advised that an Affidavit of Non-Compliance would be filed on the following day. The property currently is in compliance. Ms. Franco said staff would not oppose a reduction in fine. Mr. Hall reported administrative costs of approximately $1,200. Ms. Diana reported $500 in costs. Member Keyes moved to reduce the fine for Case 07-07 from $14,750 to $2,000 motion payable within 30 days from the date of today’s hearing. The was duly seconded and carried unanimously. B. Cases 20-02 & 21-02 – Request for Fine Reduction Robert Petit 1009 Woodlawn Street Exterior Storage/Display, Inoperative Vehicles, Permit/Inspections, etc. (Fine $32,700 & $85,050+) Sal Videro, representative, said he lives next door and purchased the property June 22, 2007. He said he has worked with Inspector Ruud for more than seven months regarding violations. He plans to beautify the property and has removed the shed, rectified fence issues, and replaced doors and exterior windows. He said the property is close to compliance. Attorney Soto stated once the property complies with Code, Mr. Videro can petition the board for a fine reduction. Mr. Hall said staff would not oppose a fine reduction once the property is in compliance. Code Enforcement 2007-06-27 13 4. NUISANCE ABATEMENT LIEN FILINGS Robeen C Burch 112 N. Betty Lane Kellett's Sub Lot 6 PNU2007 -00099 Robeen C Burch 112 N. Betty Lane Kellet's Sub Lot 6 $200.00 PNU2007-00100 $200.00 Member Keyes moved to accept the nuisance abatement lien filings as listed. The motion was duly seconded and carried unanimously. 5. APPROVAL OF MINUTES - Mav23. 2007 Member Keyes moved to approve the minutes of the regular meeting of May 23,2007, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. No meeting is scheduled for July; the next meeting will be August 22,2007. 6. ADJOURNMENT The meeting adjourned at 4:54 p.m. ~~1.wJ2LL----- Chair ~ Municipal Co e Enforcement Board ~. .~~ Secre ry t the Board Code Enforcement 2007-06-27 14