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11/28/2018 Municipal Code Enforcement Board Meeting Minutes November 28, 2018 City of Clearwater City Hall 112 S. Osceola Avenue Page Clearwater, FL 33756 1 e I Meeting Minutes Wednesday, November 28, 2018 1 :30 PM Council Chambers Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 Roll Call Present 7 - Chair Wayne Carothers, Vice Chair Robert Prast, Board Member C. Daniel Engel, Board Member Michael Mannino, Board Member Sue A. Johnson, Board Member Sheila Cole, and Board Member Jonathan Page I Barnes 2 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 October 24, 2018 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the October 24, 2018 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda Mr. Lee submitted a petition opposing Code requirement that boats too large to be parked in driveways must be stored behind a fence or hedge. 4. New Business Items 4.1 Case 183-18 - Find respondent(s) Gilbert G. Jannelli at 2634 Woodring Ave. in violation of Code 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 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. Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 Inspector Jason Cantrell provided a PowerPoint presentation on the unsafe building at 2634 Woodring Avenue. He recommended compliance by December 28, 2018 or authorization for the City to take corrective action. Page Assistant City Attorney Michael Fuino said this was not a repeat violation. 3 He submitted composite exhibits. Member Prast moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent to correct the violations on or before December 28, 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 Case 184-18 - Find respondent(s) Community Service Foundation, Inc. at 1537 S Myrtle Ave. in violation of Code 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 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 Jason Cantrell provided a PowerPoint presentation on the unsafe structure at 1537 S Myrtle Avenue. CSF (Community Service Foundation) said they were waiting for insurance money to make repairs. He recommended compliance by December 28, 2018 or authorization for the City to take corrective action. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent to correct the violations on or before December 28, 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, Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 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 4.3 Continued from October 24, 2018 - Case 149-18 - Find respondent(s) Pat's Pawn & 4 Jewelry at 321 Ft. Harrison Ave. in violation of Code for Sign Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Kimberly Billot, representing the applicant, said the subject business had belonged to her father who passed away this year. She 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 Daniel Knight recommended compliance by December 28, 2018 or a fine of$150 per day be imposed for the sign maintenance violation. The family's goal was to sell the property. Ms. Billot said she recently learned the sign had to be removed. She said sale of the property was scheduled to close on January 7, 2019 and requested the compliance date be extended. She said information re the sign violation had been disclosed to the buyers. She said the buyers or her family would remove the sign. Attorney Fuino supported the recommended compliance date. A 3-way stipulation agreement could be issued to extend the compliance date until after closing. He submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before December 28, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist. 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. 4.4 Case 162-18 - Find respondent(s) Donald & Linda Kirkham at 2870 St. John Dr. in violation of Code for Exterior Storage; 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 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 Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 motion was duly seconded and carried unanimously. Inspector Shelby Brown recommended compliance by December 28, 2018 or a fine of$150 per day be imposed for the exterior storage violation. Yesterday, the property owner said he felt the outdoor items Page were getting under control and requested she return next week to 5 reinspect. The property owner was not disabled. State Statute required removal of doors on refrigerators stored outdoors. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before December 28, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist. 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. 4.5 Case 163-18 - Find respondent(s) Charlie Harris, Tre. at 700 N Martin Luther King Jr. Ave. in violation of Code for Prohibited Signage and Signage without Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Property owner Charlie Harris said the signage belonged to new tenant business owners. Inspector Daniel Knight said the portable signs had been removed 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 re portable 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. 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 erected without permit. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance by December 28, 2018 or a fine of$150 per day be imposed for signage erected without permit violation. Mr. Harris said he was not aware of that Code requirement. Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 Attorney Fuino submitted composite exhibits. Member Engel moved to enter an order requiring the Respondent to correct the violation for signage erected without permit on or Page before December 28, 2018. If the Respondent does not comply 6 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. 4.6 Case 164-18 - Find respondent(s) H & S Realty & Property Inc. at 1501 N Betty Ln. in violation of Code for Prohibited Signage; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) No one was present to represent the Respondent. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Daniel Knight recommended compliance by December 28, 2018 or a fine of$250 per day be imposed for the prohibited signage violation. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation for prohibited signage on or before December 28, 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 settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.7 Case 165-18 - Find respondent(s) Bellwether Prop Fla at 2591 SR 580 in violation of Code for Temporary Signs; 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 compliance had been met and requested a declaration of violation. Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 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 Page enter an order that no fine be imposed against the Respondent. If 7 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. 4.8 Case 166-18 - Find respondent(s) Sarah Thompson Trust at 1446 Court St. in violation of Code for Signage without Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Allison Coletti was present to represent the Respondent. Inspector Daniel Knight said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member 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. 4.9 Case 167-18 - Find respondent(s) Housh Ghovaee at 300 S Belcher Rd. in violation of Code for Business Tax Receipt Required; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Property owner Housh Ghovaee admitted to the violation. 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 Daniel Knight recommended compliance by December 12, 2018 or a fine of$150 per day be imposed for the BTR (Business Tax Receipt) violation, the first Notice of Violation for this case was issued in March 2018. Attorney Fuino said the City could not issue a BTR for an office in commercial space. He submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before February 28, 2019. If the Respondent does not comply within the time specified, the Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 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 Page motion was duly seconded and carried unanimously. 8 4.10Case 168-18 - Find respondent(s) Willie & Sarah Parker at 1149 Kingsley St. in violation of Code for Residential Grass Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) 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 Vicki Fletcher recommended compliance by December 5, 2018 or a fine of$150 per day be imposed for the residential grass parking violation. Attorney Fuino submitted composite exhibits. Member Barnes moved to enter an order requiring the Respondent to correct the violation on or before December 5, 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 Case 169-18 - Find respondent(s) Harman Rev Trust at 1400 Lime St. in violation of Code for Residential Grass Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) Property Manager Shannon Lutze 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 Vicki Fletcher recommended compliance by December 3, 2018 or a fine of$150 per day be imposed for the residential grass parking violation. Ms. Lutze said the tenants had been served with paperwork that they were in violation. She said the tenants would be in violation of the lease if they continued to park on the grass. Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before December 3, 2018. If the Page Respondent does not comply within the time specified, the Board 9 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. 4.12Case 170-18 - Find respondent(s) Kenneth Robbins at 920 Pinellas St. in violation of Code for Exterior Surfaces, and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) Property owner Kenneth Neil Robbins 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 Vicki Fletcher recommended compliance by December 18, 2018 or a fine of$150 per day be imposed for the exterior surfaces violation. Mr. Robbins said he had worked on repairs but lacked funds to complete the work until he received his tax refund in March and could purchase paint. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before January 18, 2019. 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. 4.13Case 171-18 - Find respondent(s) John A Koymarianos at 2384 Chaucer St. in violation of Code for Exterior Storage and Hauling Trailer; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) No one was present to represent the Respondent. Member Cole moved to find the Respondent(s) in violation of the City Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Greg Dixon recommended compliance by December 14, 2018 or a fine of$150 per day per violation be imposed for the exterior storage Page and hauling trailer violations. 10 Attorney Fuino submitted composite exhibits. Member Cole moved to enter an order requiring the Respondent to correct the violations on or before December 14, 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. 4.14Case 172-18 - Find respondent(s) Steven Esposito at 1319 Dickenson Dr. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Property owner Steven Esposito 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 Greg Dixon recommended compliance by December 28, 2018 or a fine of$200 per day be imposed for the exterior surfaces violation. Attorney Fuino submitted composite exhibits. Member Johnson moved to enter an order requiring the Respondent to correct the violation on or before December 28, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $150 per day for each day the violation continues to exist.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. 4.15Case 173-18 - Find respondent(s) Trust Company ANC LLC Tre at 1266 Everglades Ave. in violation of Code for Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) No one was present to represent the Respondent. Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 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 I Inspector Greg Dixon recommended compliance by December 28, 2018 11 or a fine of$200 per day be imposed for the roof maintenance violation. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before December 28, 2018. If the Respondent does not comply within the time specified, the Board may order a fine of $200 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. 4.16Case 174-18 - Find respondent(s) Joseph & Mary Arrien at 1384 Lime St. in violation of Code for Hauling Trailer; and issue an order with the compliance deadline and fine if compliance is not met. (Touray) No one was present to represent the Respondent. Inspector Yusupha Touray said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Cole 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. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed: 5.1.1 Case 113-17 Eva Long 1161 Marshall St. Exterior Surfaces/Door &Window Openings - Stewart Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 5.1.2 Case 19-18 TX Central R E Investments LLC 1201 Brigadoon Dr. Exterior Surfaces - Brown Page 5.1.3 Case 29-18 12 Emanuel & Dimitra Rev Liv Trust Agreement Kotakis Kotakis, Emanuel Tre 1141 Court St. Temporary Signs - Knight 5.1.4 Case 54-18 Beal, Carl Est. 1849 Diane Dr. Exterior Surfaces - Brown 5.1.5 Case 104-18 Brinson, Frank C Trust Brinson, Don A Tre 1760 Drew St. Door & Window Openings 5.1.6 Case 112-18 Houses 2 Homes Corp 1236 Kapok Kove Cir Short Term Rental/Residential Rental BTR - Phillips 5.1.7 Case 138-18 Me Myself& I Inc 1495 S Martin Luther King Jr Ave. Signage without Permits - Knight 5.1.8 Case 143-18 Parvane Zacaim 1738 N Ft. Harrison Ave. Exterior Surfaces/Lot Clearing - Phillps 5.1.9 Case 145-18 Pasers Fund Holdings LLC 1610 Kings Highway Exterior Surfaces - Della Volpe 5.1.10 Case 146-18 Fredrick & Malinda Howard 1436 Rosetree Ct Exterior Surfaces - Dixon Member Johnson moved to accept the Affidavits of Compliance for Cases 113-17, 19-18, 29-18, 54-18, 104-18, 112-18, 138-18, Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 143-18, 145-18, and 146-18. The motion was duly seconded and carried unanimously. 5.2 Case 61-18 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Jose & Josefina Rodriguez at 600 '/2 Vine Ave. for Exterior Storage. (Jewett) Page 1 13 No one was present to represent the Respondent. Attorney Fuino submitted composite exhibits. Member Prast moved to accept the Affidavit of Non-Compliance and issue an order that 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. 5.3 Adopt changes to the Board Rules & Regulations, Article XI, Section 4, as presented at the October 24, 2018 meeting in regards to lien reduction requests. Member Johnson moved to adopt changes to the Board Rules & Regulations re lien reduction requests. The motion was duly seconded and carried unanimously. 6. Other Board Action 6.1 Case 60-15 - Approve the Stipulation and Agreement for respondent Edward Mack at 1465 Pierce St. (Hollifield) Attorney Fuino submitted composite exhibits. Member Johnson moved to approve the Stipulation and Agreement for respondent Edward Mack. The motion was duly seconded and carried unanimously. 6.2 Cases 65-13 and 23-14 - Approve the Stipulation and Agreement for respondent Joshua Meller at 1803 Springtime Ave. (Jewett) Attorney Fuino submitted composite exhibits. Member Johnson moved to approve the Stipulation and Agreement for respondent Joshua Meller. The motion was duly seconded and carried unanimously. 6.3 Case 108-15 - Approve the Stipulation and Agreement for respondent Gary E Rossi at 1352 Jeffords St. (Phillips) Attorney Fuino submitted composite exhibits. Member Johnson moved to approve the Stipulation and Agreement for respondent Gary Rossi. The motion was duly Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes November 28, 2018 seconded and carried unanimously. 7. Nuisance Abatement Lien Filings 7.1 Case PNU2018 -01577 - - Accept the Nuisance Abatement Lien for respondent(s) Vicki age McGlynn at 829 Jeffords St. for Lot Clearing; and issue an order with the compliance 14 deadline and authorize the City to mitigate the violation if compliance is not met. (Fletcher) No one was present to represent the Respondent. Attorney Fuino submitted composite exhibits. Member Cole moved to enter an order finding the Respondent 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 The meeting adjourned at 3:35 p.m. Attest: 4'urCode Enforcement Board Sec -tary to the Bo. rd City of Clearwater Page 1