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03/27/2019 Municipal Code Enforcement Board Meeting Minutes March 27, 2019 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Wednesday, March 27, 2019 1 :30 PM Council Chambers - Main Library Municipal Code Enforcement Board Page 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 Roll Call Present 5 - Vice Chair Wayne Carothers, Board Member Robert Prast, Board Member C. Daniel Engel, Board Member Michael Mannino — left at 4:20 p.m., Board Member Sheila Cole Absent 2 - Chair Sue A. Johnson, Board Member Jonathan Barnes Also Present - Andy Salzman —Attorney for the Board, Michael Fuino —Assistant City Attorney, Nicole Sprague — Secretary to the Board, Patricia O. Sullivan — Board Reporter The Vice Chair called the meeting to order at 1:30 p.m. at the Main Library, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Vice 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 February 27, 2019 Municipal Code Enforcement Board as submitted in written summation. Member Prast moved to approve minutes of the February 27, 2019 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 Attorney Kyle Benda, representing Benedict and Julia Williams, said the case re 900 Palmetto Street scheduled today had been postponed indefinitely after discussions with the City. He expressed concerns re confusion for the hearing's delay and that City foreclosure procedures were postponing the property's sale. Attorney for the Board Andy Salzman said the case was not before the board today, the board could not hear the case or take action. It was recommended Attorney Benda meet with Assistant City Attorney Michael Fuino. Re Case 167-17, 1105 Court Street, Asem Hasan said he thought he had met Code but the City placed a lien on his property. He expressed concern the City would not schedule a hearing until April 24, 2019 and his opportunity to sell the property may be lost if the problem was not resolved prior to April 1, 2019. Attorney Salzman said the case was not Page 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 before the board today and could not be heard. He recommended Mr. Hasan speak with Attorney Fuino. 4. New Business Items 4.1 Withdrawn - Continued from February 27, 2019 - Case 50-19 - Find respondent(s) Olivia and Alexander Nichols at 1511 Nelson Ave. in violation of Code for Housing Standard Code Violations; and issue an order with the compliance deadline and fine if compliance is not met. (Espinosa) Case 50-19 was withdrawn. 4.2 Case 55-19 - Find respondent(s) Imperial Court Condo at 1433 S Belcher Rd. Bldg. #E in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Espinosa) 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 Nilda Espinosa provided a PowerPoint presentation with photographs of a permit violation at 1433 S Belcher Rd. Bldg. E. The Homeowners Association hired an unlicensed contractor who replaced studio doors and windows without permits on at least 6 units. She issued stop work orders and sent notices of violation to HOA president George Cottom, who later resigned. She had no contact with other HOA members. She recommended compliance by April 27, 2019 or a fine of$150 per day be imposed. Assistant City Attorney Michael Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before April 27, 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. 4.3 Case 56-19 - Find respondent(s) Trust 1201 B C at 1201 Brigadoon Dr. in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Espinosa) Page 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 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 Nilda Espinosa provided a PowerPoint presentation including photographs of 3 violations for unpermitted work on the interior, porch, concrete, fencing, and egress window installation at 1201 Brigadoon Drive. The property owner did not obtain permits for any of the projects or have any work inspected. The property owner visited City offices but did not speak with or contact Inspector Espinosa. She recommended compliance by April 27, 2019 or a fine of$150 per day per violation be imposed. Concern was expressed the property owner had flaunted City laws, avoided talking with the Inspector, and worked on additional projects after being cited. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before April 27, 2019. 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. 4.4 Case 51-19 - Find respondent(s) Gulfview Lodging LLP at 355 S Gulfview Blvd. 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 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 Jason Cantrell provided a PowerPoint presentation and showed photographs of unsafe violations at 355 S Gulfview Blvd. He responded to a January 2, 2019 Fire Inspector report that the 4t" floor balcony was shored up without permits. On March 8, 2019, he responded to the Fire Department after the occupied master suite ceiling collapsed, occupants were not injured, all guests were relocated to other properties and the building was shut down. The property owner was working with the City to raze and replace the building, no permits had been issued. He recommended Page 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 compliance by April 27, 2019 or a fine of$150 per day be imposed and authorization for the City to take corrective action. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before April 27, 2019. If the Respondent does not comply within the time specified, a fine of$150 per day may be imposed for each day the violation continues to exist and the City may take all reasonable actions 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. 4.5 Case 52-19 - Find respondent(s) Jeffrey Beavers at 1270 Rogers St. in violation of Code for Permits; 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 and showed photographs of the violation at 1270 Rogers Street, solar panels installed without permit. He recommended compliance by April 4, 2019 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 on or before April 4, 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. 4.6 Case 53-19 - Find respondent(s) Dicks, Linda E Trust at 1878 Drew St. in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Page 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 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 Jason Cantrell provided a PowerPoint presentation and showed photographs of the unsafe building violation at 1878 Drew Street for collapsing soffit and deteriorated roof decking above the pedestrian sidewalk by the store entrance. The property owner had not responded. He recommended compliance by April 27, 2019 or a fine of$200 per day be imposed and authorization for the City to take corrective action. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before April 27, 2019. If the Respondent does not comply within the time specified, a fine of$200 per day may be imposed for each day the violation continues to exist and the City may take all reasonable actions required to bring the property into compliance and charge the Respondent with 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. 4.7 Continue to April 24, 2019 - Case 54-19 - Find respondent(s) 01 MPS Incorporated Michael Shakelfor at 1119 Carlton St. in violation of Code for Unsafe Building; and issue an order with the compliance deadline and fine if compliance is not met. (Cantrell) Case 54-19 was continued automatically to April 24, 2019. 4.8 Case 62-19 - Find respondent(s) Ronald A. Henry at 1433 S Belcher Rd Apt B5 in violation of Code for Permits; and issue an order with the compliance deadline and fine if compliance is not met. (Swinton) Property owner Ronald Henry 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 Sam Swinton provided a PowerPoint presentation and showed photographs of the violation at 1433 S Belcher Rd. Apt B5 where a back porch window and door were replaced without permit. The violation was Page 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 reported by HOA president George Cottom before he resigned. Mr. Henry said HOA president George Cottom had provided him written authorization to repair storm damages. He said contractors and City permitting office staff had advised him he did not need permits to work on his unit. He said repairs complied with current Code. Inspector Swinton recommended compliance by April 24, 2019 or a fine of$150 per day be imposed. Attorney Fuino submitted composite exhibits. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before April 24, 2019. If the Respondent does not comply within the time specified, the Board may order a fine of $120 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. 4.9 Case 30-19 - Find respondent(s) Mohamed Abdurrahman at 1565 S Prospect Ave. in violation of Code for Exterior Surfaces, Exterior Storage, and Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) Vie Vee said she lived in the house with the property owner and another tenant. She said the property owner had not been seen for 5— 6 weeks, had health issues, let his homeowners insurance lapse, and was unaware of the violations. She said she had removed the outside storage and requested time to have the roof repaired. Attorney Fuino said Ms. Vee was not authorized to speak on behalf of the property owner. 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 Vicki Fletcher showed photographs of the 3 violations for exterior storage, exterior surfaces, and roof maintenance. Most outdoor storage was removed. When contacted by the Economic Development and Housing Department, the property owner reported he lived alone and did not want a City loan to repair the roof. She recommended compliance by April 27, 2019 or a fine of$200 per day per violation be imposed. Ms. Vee said she had contacted a contractor who would repair the roof for Page 7 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 a reasonable cost when he had time. She said she collected the rent and paid the utilities and property taxes. She said she would be on the street if the roof collapsed. She did not know how to contact the owner. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violations on or before April 27, 2019. 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. 4.10Case 31-19 - Find respondent(s) Washington Land Trust at 1849 W Washington Ave. in violation of Code for Boat Parking and Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) No one was present to represent the Respondent. Inspector Vicki Fletcher 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 violations were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The motion was duly seconded and carried unanimously. 4.11 Case 32-19 - Find respondent(s) 1523 Tioga Ave Land Trust at 1523 Tioga Ave. in violation of Code for RV Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Fletcher) Brittany James, representing Boost Management, said the tenant had been difficult. Inspector Vicki Fletcher said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Page 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 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. 4.12Case 33-19 - Find respondent(s) The Bank of New York Mellon at 2355 Nursery Rd. in violation of Code for Grass Parking, Boat Parking, Hauling Trailer, Commercial Vehicle, Exterior Surfaces, Roof Maintenance, Exterior Storage, Inoperative Vehicle, and Residential Rental BTR; 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 had 9 violations, compliance had been met for 7 of them. He requested a declaration of violation for those violations. Member Cole moved to find the Respondent was in violation of the City Of Clearwater Code for: 1) residential grass parking; 2) commercial/ large vehicles in residential zoning district; 3) construction material and exterior storage; 4) hauling trailer in side/rear setback not screened; 5) boat trailer in side/rear setback not screened; 6) nuisance condition & inoperative vehicle; and 7) residential rental BTR & residential rental local representative violations as referred to in the affidavit in this case, the violations were corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violations, the Board may order a fine of up to $500 for each day each violation continues to exist. The motion was duly seconded and carried unanimously. Inspector Knight provided a PowerPoint presentation and showed photographs of the exterior surfaces and roof violations at 2355 Nursery Road. After the City received complaints, the property went into foreclosure and the cases were reopened. On March 18, 2019, the tenants were evicted. The management company reported not knowing the property had been occupied and hoped to sell it without making repairs. He recommended compliance by April 27, 2019 or a fine of$150 per day per violation be imposed. Concern was expressed the bank did not intend to repair violations. Attorney Fuino submitted composite exhibits. Member Prast moved to find the Respondent(s) in violation of the City of Clearwater Code for exterior surfaces and roof maintenance Page 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 as referred to in the affidavit in this case and to enter an order requiring the Respondent to correct the violations on or before April 27, 2019. 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. 4.13Case 34-19 - Find respondent(s) Clant, Inc. at 2670 Gulf to Bay Blvd. 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. Inspector Daniel Knight said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Mannino moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the 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 $ 500for each day the violation continues to exist. The motion was duly seconded and carried unanimously. 4.14Withdrawn - Case 35-19 - Find respondent(s) S C C C SPE3 LLC at 1320 Moreland Dr in violation of Code for Residential Rental BTR; and issue an order with the compliance deadline and fine if compliance is not met. (Knight) Case 35-19 was withdrawn. 4.15Case 36-19 - Find respondent(s) Countryside Country Club Inc at 3001 Countryside Blvd. 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. 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 Daniel Knight showed photographs of the violation at 3001 Countryside Blvd. for nonpermitted temporary signs and sign structures. Page 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 The Respondent could apply for a sign permit. He recommended compliance by April 3, 2019 or a fine of$150 per day be imposed. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violation on or before April 3, 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. 4.16Case 37-19 - Find respondent(s) K 2 Holdings LLC at 907 Beckett St in violation of Code for Door and Window Openings; and issue an order with the compliance deadline and fine if compliance is not met. (Jewett) No one was present to represent the Respondent. Inspector Eric Jewett 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. 4.17Continue to April 24, 2019 - Case 38-19 - Find respondent(s) Rutledge Family Enterprises LLC at 1137 Tangerine St in violation of Code for Roof Maintenance, Exterior Surfaces, Auxiliary & Appurtenant Structures, and Door and Window Openings; and issue an order with the compliance deadline and fine if compliance is not met. (Jewett) Case 38-19 was continued automatically to April 24, 2019. 4.18Continue to April 24, 2019 - Case 39-19 - Find respondent(s) David A Wyers at 114 N Meteor Ave in violation of Code for Fences and Walls; and issue an order with the compliance deadline and fine if compliance is not met. (Hollifield) Case 39-19 was continued automatically to April 24, 2019. Page 11 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 4.19Withdrawn - Case 40-19 - Find respondent(s) Oceanaire Homes LLC at 977 Bruce Ave. in violation of Code for Short Term Rental; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) Case 40-19 was withdrawn. 4.20Case 41-19 - Find respondent(s) Norbert Heuser at 941 Eldorado Ave. in violation of Code for Short Term Rental; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) Property owner Norbert Heuser denied the violation and submitted documentation he said showed he was in compliance. Inspector Julie Phillips provided a PowerPoint presentation, showed photographs of the property, and reviewed the Code definition of "Residential Use."Notices of violation were sent on May 4 and December 3, 2018 for the illegal short-term rental violation. Inspector Phillips presented screenshots of Prima Facie evidence for 941 Eldorado Avenue: 1) May 4, 2018 HomeAway vacation rental website advertised 8— 13 night minimum stay, a property photograph, customer review of 2-week stay in January 2018, and detailed rate quote for 8-night short-term rental in July 2019, 2) December 3, 2018 HomeAway vacation rental website advertised 8— 13 night minimum stay, a property photograph, and customer review of stay in February 2018; 3) March 18, 2019 HomeAway vacation rental website advertised 8-night minimum stay, a property photograph, 2 customer reviews of separate stays in February 2018, and detailed rate quote for 10-night short-term rental in June 2019, and 4) March 23, 2019 HomeAway vacation rental website advertised 8-night minimum stay, property photograph, detailed rate quote for 14-night short-term rental in June 2019 and a statement under descriptive language, ". . . due to a city ordinance we can only rent one month or a minimum of 31 days." Mr. Heuser said he had been unaware of the City's short-term rental laws but when informed put language on the website that short-term rentals would not be accepted. He said he had declined dozens of reservation requests in the last 6— 8 months. In response to a question, he said he had lived in the house off and on for 20 years and only started renting the apartment in January 2018. It was commented that Mr. Heuser needed to correct his vacation rental website advertising to comply with Code or consider using a different website if his current one could not be updated with correct information. Assistant Planning & Development Director Gina Clayton said the VRBO vacation rental website currently advertised the property for an 8-night Page 12 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 minimum stay. Inspector Phillips said property owners chose the vacation rental website they used. The property's advertised minimum stay of 8-13 nights was modified to 8 nights. She said the property owner appeared before the board 15 years ago for the same violation but this was not a repeat violation. She said the website could be updated for a minimum 31-night stay. She recommended compliance by April 3, 2019 or a fine of$250 per day be imposed for the short-term rental violation. Mr. Heuser said he wanted to cooperate but was leaving the country and requested an extension to correct the website. It was noted the Internet was accessible worldwide. Attorney Fuino submitted composite exhibits. 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 to enter an order requiring the Respondent to correct the violation on or before April 3, 2019. 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. 4.21 Case 42-19 - Find respondent(s) Sheyla Almedina at 1856 East Dr. in violation of Code for Short Term Rental and Residential Rental BTR; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) Property owner Sheyla Almedina admitted to the violations. Inspector Julie Phillips said compliance had been met for the Residential Rental BTR (Business Tax Receipt) and requested a declaration of violation. Member Mannino moved to find the Respondent was in violation of the City of Clearwater Code for the Residential Rental BTR 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. Member Mannino moved to find the Respondent(s) in violation of the City of Clearwater Code for short-term rental as referred to in the Page 13 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Phillips recommended compliance by April 3, 2019 for the short-term rental violation or a fine of$250 per day be imposed. Ms. Almedina said she would not rent the property short-term again, she had signed a contract to sell the property, and had ceased advertising it for short-term rental. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation for short-term rental on or before April 3, 2019. 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. 4.22Case 43-19 - Find respondent(s) Dominick W Verdi at 1107 Woodley Rd. in violation of Code for Short Term Rental; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) No one was present to represent the Respondent. Inspector Julie Phillips said compliance had been met and requested a declaration of violation. Attorney Fuino submitted composite exhibits. Member Mannino moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case, the 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. 4.23Case 44-19 - Find respondent(s) David Branch at 1108 Grove St in violation of Code for Short Term Rental and Residential Rental BTR; and issue an order with the compliance deadline and fine if compliance is not met. (Phillips) No one was present to represent the Respondent. Page 14 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 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 said she had responded to a complaint. She recommended compliance by April 3, 2019 for the short-term rental and residential BTR (Business Tax Receipt) violations or a fine of$250 per day per violation be imposed. Attorney Fuino submitted composite exhibits. Member Mannino moved to enter an order requiring the Respondent to correct the violations on or before April 3, 2019. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day per violation for each day each violation continues to exist. 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. 4.24Case 45-19 - Find respondent(s) Isabella S Tracey at 207 Coronado Dr. in violation of Code for Exterior Surfaces and Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Marlyn Tracey said her mother, the property owner, passed away in July. She said a storm had damaged the house, she was selling the property as a tear down but did not have a buyer. She said it would be a waste of money to replace the roof if the structure was to be razed. Inspector Greg Dixon displayed photographs of the exterior surfaces and roof maintenance violations. He recommended compliance by April 30, 2019 or a fine of$250 per day per violation be imposed. Attorney Fuino submitted composite exhibits. Member Engel moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case and to enter an order requiring the Respondent to correct the violations on or before May 30, 2019. If the Respondent does not comply within the time specified, the Board may order a fine of $250 per day per violation for each day each violation continues to exist. 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 15 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 4.25 Withdrawn - Case 46-19 - Find respondent(s) Martin & Rhonda Sherman at 403 N Garden Ave. in violation of Code for Exterior Surfaces, Roof Maintenance and Abandoned Building; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Case 46-19 was withdrawn. 4.26Case 47-19 - Find respondent(s) Burton, Ruthann J Tre at 1830 Murray Ave. in violation of Code for Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Della Volpe) Property owner Ruthann Burton 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 Stephen Della Volpe recommended compliance by April 27, 2019 or a fine of$150 per day be imposed. Ms. Burton said the bank said it was sending her a letter of foreclosure. She said to stop leaks she hired a handyman to cover the entire roof with a large tarp she had purchased. She said she could not afford the house, had sold everything in the house to pay the bank, and was leaving Florida in 2 weeks. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order requiring the Respondent to correct the violation on or before May 30, 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. 4.27Case 48-19 - Find respondent(s) Molly Harrison at 715 Parkland Ave. in violation of Code for Public Health, Safety or Welfare Nuisance; and issue an order with the compliance deadline and fine if compliance is not met. (Touray) Gaines Harrison, husband of the property owner, denied the violation. Inspector Yusef Touray provided a PowerPoint presentation re the Public Health, Safety or Welfare Nuisance violation at 715 Parkland Avenue and reviewed the Code definition of a swimming pool. Photographs Page 16 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 showed lily pads growing in the swimming pool and water pouring into the pool from and hose and out of black buckets floating on the water. The bottom of the swimming pool was not visible through opaque, unfiltered water. He said after the homeowner advised him the pool had been drained, he reinspected the property and observed koi fish swimming in shallow dirty water at the bottom of the pool. Mr. Harrison read public safety requirements, which did not mention koi fish. He said mosquito buckets and the fish prevented mosquitos from breeding. He said no reptiles were in the pool, which he had drained to 1-foot deep. He said while Code Enforcement said the pool was hazardous because a child could drown in it, a child could drown in any pool. He said City staff had told him he could drain the pool to meet compliance, directed him to submit paperwork for a permit for fish and then told him the fish did not require a permit. He said koi required unfiltered water. He said the water would be clear if it was not in direct sunlight. Concern was expressed the pond was designed to be a swimming pool, not a koi pond, and the deed described it as a swimming pool. It was suggested the property owner needed to hire someone to demo the swimming pool as its use had been changed to an unsafe condition. It was stated the pool had a ladder and did not resemble a koi pond which are 18 inches to 2 feet deep. It was stated the bottom of a swimming pool must be visible for safety. Mr. Harrison questioned how putting fish into the pool made it unsafe. He said he did not add chlorine as the fish could not live in toxic chemicals. Discussion ensued. It was stated the safety factor did not change based on the use of the pool. It was felt City regulations did not pertain to this issue. 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. Members Engel and Mannino voted "Aye"; Members Prast, Cole and Vice Chair Carothers voted "Nay." Motion failed. 5. Unfinished Business 5.1 Accept the Affidavits of Compliance as listed: 5.1.1 Case 46-16 Christine Riley & Stella Mazur 3319 San Bernadino St. Exterior Surfaces/Roof Maintenance/Door & Window Maintenance - Brown Page 17 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 5.1.2 Case 17-17 Avanthony LLC 1247 Pierce St. Windows Maintenance/Residential Grass Parking - Fletcher 5.1.3 Case 20-17 Naomi M Surface 3382 Atwood Ct. Exterior Surfaces - Brown 5.1.4 Case 119-18 Jared P Cole 1955 Gilbert St. Exterior Surfaces/Roof Maintenance - Stewart 5.1.5 Case 143-18 Parvane Zacaim 1738 N Ft. Harrison Ave. Parking Lot Surfaces/Abandoned Building - Phillips 5.1.6 Case 167-17 Asem Hasan 1105 Court St. Sign Maintenance - Knight 5.1.7 Case 02-19 Manuella Cash Clark 2461 Sundancer Dr. Grass Parking/Exterior Storage/Hauling Trailer - Brown 5.1.8 Case 03-19 Gerrity Family Trust 1500 S Missouri Ave. Sign Maintenance - Knight 5.1.9 Case 05-19 Zahid N Roy 1412 N Ft. Harrison Ave. Outdoor Storage - Phillips Member Cole moved to accept the Affidavits of Compliance for Cases 46-16, 17-17, 20-17, 119-18, 143-18, 167-17, 02-19, 03-19, and 05-19. The motion was duly seconded and carried unanimously. 5.2 Case 150-18 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Precision Hotel Mgmt Co at 1385 Park St. for Sign Maintenance. (Knight) Page 18 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 No one was present to represent the Respondent. 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. The motion was duly seconded and carried unanimously. 5.3 Case 164-18 - Accept the Affidavit(s) of Non-Compliance for respondent(s) H & S Realty & Property Inc at 1501 N Betty Ln. for Discontinued Signs. (Knight) Russ Rogers, project manager for the construction company rehabilitating the property, said the property owner, whose first language was not English, thought the violation re the sign was dissolved when the City approved the property's rehabilitation. He requested the board delay acceptance of the Affidavit of Non-Compliance while he investigated what needed to be done to comply. Attorney Fuino said the City opposed a delay due to the large lien on the property. Mr. Rogers said fines for the sign would not stop until construction was completed and the building was in compliance. He said he did not know the sign was out of compliance but he might be able to reuse the pylon base for a new sign. Attorney Fuino said Case 164 18 would be continued to April 24, 2019. 6. Other Board Action 6.1 Case 18-14 - Approve the Stipulation and Agreement for respondent Jaqueline Keating and Ralph Doudera at 2616 Fallsrock Dr. (Phillips) No one was present to represent the Respondent. Attorney Fuino said the property was scheduled to be sold on March 29, 2019. The agreement provided additional time for closing, required compliance by June 30, 2019, and then a reduction to the lien amount to $5,000, payable by July 30, 2019. Member Prast moved to approve the Stipulation and Agreement for respondent Jaqueline Keating and Ralph Doudera at 2616 Fallsrock Drive. The motion was duly seconded and carried unanimously. Page 19 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 6.2 Cases 127-18, 128-18, 129-18, 130-18, 131-18, 132-18, & 133-18 - Approve the Stipulation and Agreement for respondents David J. Gangelhoff& Tsetse LLC at N. Garden 400 Ave., 314 N Garden Ave., & 405 N. Ft. Harrison Ave. (Phillips/Cantrell) No one was present to represent the Respondent. Attorney Fuino said the agreement included 1 buyer, 2 sellers, and 3 parcels, settled 7 cases, and resolved fines and unsafe building violations. The first 2 parcels would be sold by April 30, 2019 and the onsite unsafe buildings would be razed by October 31, 2019. The 3rd parcel would be sold by June 30, 2019 and that unsafe building would be razed by January 31, 2020. The buyer also agreed to pay$25,000 in a reduced lien amount. Concerns were expressed a better agreement should be negotiated as the unsafe buildings should be razed sooner. Attorney Salzman said the board existed to get compliance. It was not uncommon for staff to negotiate unusual situations. Based on the agreements, the properties and unsafe buildings would finally be in compliance. The Municipal Code Enforcement Board recessed from 4:39 to 4:47 p.m. Attorney Salzman expressed concern the City may have no way to recoup costs if new agreements could not be negotiated and taxpayer money would have to be used to raze the unsafe structures. Attorney Fuino said the deal could fall through if the property was not sold as agreed, the agreements were designed to resolve problems and avoid unnecessary costs to citizens. It was recommended the agreements be renegotiated to require the unsafe buildings to be razed within 3 months of closing. Attorney Fuino said staff would try to renegotiate the terms of the agreements and withdrew the request. 6.3 Continued from February 27, 2019 - Case 111-17 - Consider request by respondent(s) Ibrahim Ghobrial at 1445 S Missouri Ave. to reduce the fine re Exterior Surfaces & Abandoned Building; and if approved, issue an order that specifies a fine that includes administration costs and establishes a date payable or the lien will revert to its original amount. (Phillips) Inspector Julie Phillips said last month the Board continued property owner Ibrahim Ghobrial's request to reduce the lien because the property at 1445 S Missouri Avenue was not in compliance. On March 13, 2019, she reviewed with the contractor the repairs necessary to comply. On March 23, 2019, the property owner requested she inspect the property but she was unable to Page 20 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 do so that day because a well attended unpermitted event was underway with illegal food vendors, signage, balloons, and grass parking. She showed photographs of the property which was in compliance except for paper on the windows. The City opposed a lien reduction, the property owner did not deserve a lien reduction as the property was vacant for 10 years, out of compliance most of that time, and required 45 inspections. Mr. Ghobrial said he did not receive a letter from the City and did not know what the violation was. He said he spoke with the City Manager but did not receive an answer on how to comply. He said last week he called Inspector Phillips and was told 3 or 4 things to do. He said he requested she mail him that information but she said to meet him when he finished correcting the violations. He said he called her on Saturday. He said he lived in Tampa and did not know if the church fundraiser underway was OK. He said Inspector Phillips called him, told him people were onsite, and said she could not do the inspection. Concern was expressed that Mr. Ghobrial had not checked with the City re legality of a fundraiser before giving permission to host one on his property. Mr. Ghobrial said he hired someone to fix all of the violations but he had nothing in writing from the City. Inspector Phillips said the property was in compliance until the windows were papered. In 2017, the City sent Mr. Ghobrial a letter describing the violations and required repairs. On March 23, 2019, multiple violations included illegal signage and trailer storage at the approximately 5th unpermitted event on Mr. Ghobrial's property, Mr. Ghobrial told her he had given permission for the events. Mr. Ghobrial said the property was clean on the following Monday. Attorney Salzman said Mr. Ghobrial did not accept delivery or pick up the City's 2017 certified letter to him listing this case's violations and cures. Concern was expressed that Mr. Ghobrial only made minimum efforts to meet Code, stated it was not his fault his property was not in compliance, and pointed his finger at everyone else, claiming others were at fault. Sal Belloise said for 2 months he had the subject property under contract for purchase. He said he had gone to City offices re necessary repairs to rehabilitate the building for use as a branch office for his business. He said he could not close on the sale until the lien reduction was approved. Attorney Fuino said the property was almost in compliance; nothing the City was doing delayed compliance. The sales price was $250,000 and the lien was $73,000. To complete the case, he recommended the board approve a Page 21 City of Clearwater Municipal Code Enforcement Board Meeting Minutes March 27, 2019 fine reduced to $36,900, payable in 30 days. Mr. Ghobrial said that fine was too high. Attorney Fuino submitted composite exhibits. Vice Chair Carothers passed the gavel to Board Member Engel. Acting Member Carothers moved to deny the request to reduce the lien for Case 111 17 until compliance is met. The motion was duly seconded and carried unanimously. 6.4 Case 115-18 - Consider request by respondent(s) Egg Platter III Inc at 19042 US Highway 19 to reduce the fine re Parking Lot Surfaces and Exterior Surfaces; and if approved, issue an order that specifies a fine that includes administration costs and establishes a date payable or the lien will revert to its original amount. (Knight) Attorney George Pappas, representing the manager of the Egg Platter, said the property had been sold. He said the previous tenant was difficult. He said a contractor had created another violation when repairing the sprinkler system violation by cutting parking lot pavement. He said efforts to have the contractor repair the pavement delayed repairs for 3 months. He said the property was in compliance. Secretary for the Board Nicole Sprague reported the fine was $57,000 and administration costs were $1,889.20. Attorney Fuino recommended the fine be reduced to $25,000. Inspector Daniel Knight reviewed the history of the case. The property was not brought into compliance until a purchase offer was made. Ms. Clayton said the City had considerable problems with the property's tenants. Attorney Pappas said the violations were not as egregious as Case 111-17, the property manager had cooperated with the City, and the property was out of compliance for a short time. Discussion ensued regarding a reduction to the lien amount with a comment that the property's tenants had caused this problem. Attorney Fuino submitted composite exhibits. Member Prast moved to enter an order reducing the fine for Case 115-18 to $18,889.20, inclusive of administration costs, payable within 45 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. Page 22 City of Clearwater Municipal Code Enforcement Board Meeting Minutes 7. Nuisance Abatement Lien Filings: None. 8. Adjourn The meeting adjourned at 5:30 p.m. March 27, 2019 Chair, Municipal Code forcement Board Attest: Secretary to the B City of Clearwater Page 23