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11/28/2007 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 28, 2007 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Kelly Wehner Board Member Richard Avichouser Board Member Richard Adelson Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Also Present: Camilo Soto Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Patricia O. Sullivan 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 21-07 – Cont’d from 10/24/07 Augustine Patel/MH Lending LLC 1104 Carlton & 1405 N. Martin Luther King Jr. Ave. Property Maintenance, Exterior Storage – Collins MH Lending representative Tom Trotter admitted to the violations at 1104 Carlton and 1405 N. Martin Luther King Jr. Avenue. He stated that most of the violations have been addressed. Development Services Manager Bob Hall said the property had changed hands several times since it was cited. Problems relate to a public nuisance condition; the property lacks ground cover, exterior storage/display is occurring, and windows are broken or boarded and require repair or replacement. He recommended the property be brought into compliance by January 5, 2008, or a $250 per day per violation fine be imposed. Assistant City Attorney Camilo Soto submitted City composite exhibits. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on November 28, 2007, after due notice to the Respondent(s), and having Code Enforcement – 2007-11-28 1 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 the Respondent’s representative Tom Trotter, it is evident a public nuisance condition exists due to the condition of the property, the property lacks ground cover, exterior storage/display is occurring on the property, and the windows are broken or boarded and are in need of repair or replacement. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) Sections 3-1503.B.1, 3-1204.B, 3-1502.H.2, 3-1502.G, 3-1502.C.3, and 3-1503.C.4 as referred to 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 January 5, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 per day per violation for each day the violation(s) continue 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 execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. The motion was duly seconded and carried unanimously. B. Case 35-07 - Cont’d from 10/24/07 Florence Panteles 1501 S. Ft. Harrison Avenue Exterior/Parking Lot Surfaces – Ruud This case was continued by staff to January 23, 2008. Code Enforcement – 2007-11-28 2 C.Case 40-07 – Cont’d from 10/24/07 Jose D. Diaz & Margaret R. Smith 1862 Dawn Drive Inoperative Vehicle/Outdoor Display/Storage/Fences – O’Neil Property owner Jose Diaz admitted to the violation. Mr. Hall said staff had reviewed the violations with Mr. Diaz, which included vehicles lacking registration, outdoor storage, and a fence in disrepair. He said Mr. Diaz requested six months to repair the damaged fence, which abuts a public street. He recommended that the property be brought into compliance by January 4, 2008, or a $150 per day fine be imposed. Mr. Diaz said all vehicles have been registered. He said the fence has four broken boards. He said he had insufficient funds to replace the fence with a vinyl one and requested additional time. Due to his dog, he did not want to remove the fence before it is replaced. In response to a question, he said it would be too expensive to replace the broken eight-foot section. Attorney Soto submitted City composite exhibits. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on November 28, 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 the Respondent, it is evident the fence on the property is in disrepair, vehicles lack registration, and outdoor storage exists. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 808.A.2, & 3-808.A.6, 3-1503.B.6, 3-912, 3-1502.G, as referred to 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 March 15, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150 per day per violation for each day the violation(s) continue to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Corey O’Neil, 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 – 2007-11-28 3 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 The motion was duly seconded and carried unanimously. D. Case 45-07 John W. Gray 204 Pennsylvania Avenue Fences, Exterior Surface/ Storage, Outdoor Display/Storage, Landscaping – Collins Property owner John Gray admitted to the violations. Mr. Hall reviewed violations, including exterior storage, peeling paint, dirt, and mildew on exterior surfaces, a leaning fence, and poorly maintained ground cover. He noted previous issues, including nuisance violations, still exist. He recommended that the property be brought into compliance by January 5, 2008, or a $150 per day per violation fine be imposed. Discussion ensued regarding abating the nuisance violations on this property. Attorney for the Board Andy Salzman said the City does not need a property owner’s permission to enter a property to abate a declared public nuisance and file a lien on the property to recover related costs. He recommended that issues related to a previous order not be addressed today. In response to Mr. Gray’s comment, Mr. Salzman recommended that Mr. Gray closely review the order regarding requirements that he contact the City for an inspection after repairs are completed. Attorney Soto submitted City composite exhibits. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on November 28, 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 the Respondent, it is evident that exterior storage exists, exterior surfaces have peeling paint, dirt, and mildew, the fence is leaning, and ground cover has not been maintained. CONCLUSIONS OF LAW Code Enforcement – 2007-11-28 4 The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3-1502.B, 3-1502.G, 3-912, 3.808.A.1, 3-808.A.3, 1503.H.2, and 3-1204.B as referred to 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 January 5, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150 per day per violation for each day the violation(s) continue 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 execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings The motion was duly seconded and carried unanimously. E. Case 46-07 Paula L. Ross 431 Palm Isle SE Required Inspections, Fees – Wilson This item was continued by staff, at the request of Representative Attorney David Kurland, to January 23, 2008. F. Case 47-07 Jason L. & Celia J. Tilley 912 Magnolia Drive Exterior Storage, Residential Grass Parking, Landscaping – Ruud Property owner Jason Tilley admitted to the violations and reviewed his plans to raze the structure and construct a new house. Inspector Alan Ruud said the property owners are preparing plans for submission. He requested the item be continued until after a February 28, 2008 reinspection. Code Enforcement – 2007-11-28 5 Member Keyes moved to continue Case 47-07 to March 26, 2008. The motion was duly seconded and carried unanimously. G. Case 48-07 Druid Courtyard Clearwater LLC 1105 Druid Road Lot Clearing, Unmaintained Right-of-Way – Ruud The Respondent was not present and had no representation. Inspector Alan Ruud provided a PowerPoint presentation. The violations at 1105 Druid Road relate to lot clearing and poor maintenance of abutting rights-of-way. The initial inspection was done on July 17, 2007, and the notice of violation was issued that day. Photographs taken on July 17, and August 20, 2007, indicate that vegetation at the construction site and on abutting rights-of-way was overgrown and not maintained. Preliminary site work had been done. While the site currently is in compliance, the development order has expired. Due to the length of time the property remained out of compliance, Mr. Ruud requested a declaration of violation. The City may renotice the property to return it to preconstruction conditions. Attorney Soto submitted City composite exhibits. Member Daniels moved that this case came before the City of Clearwater Code Enforcement Board on November 28, 2007, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues to the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, it is evident the condition existed; however, it is further evident this condition was corrected prior to this hearing. The Respondent was not represented. CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) - 1503.B.7, 3-1503.B.8, & 3-1503.B.10 as referred to in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine for each day the violation exists after the Respondent(s) is/are notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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 Code Enforcement – 2007-11-28 6 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. The motion was duly seconded and carried unanimously. H. Case 49-07 Manda One Corp 1721 Rainbow Drive Exterior Surfaces – Franco This item was continued by staff to January 23, 2008. I. Case 50-07 Robert McGregor, Jr. 2477 Chaucer Street Hauling Trailer, Residential Grass Parking, Landscaping - Franco Mr. Hall reported proper service was not obtained on this property and is subject to a continuance, unless the property owner waives the requirement. Property owner Robert McGregor agreed to waive the posting requirement. Inspector Peggy Franco reported that parking issues had been corrected but the front yard still lacks ground cover. Due to slow growth during the winter, she recommended that the property be brought into compliance within 30 to 60 days or a $200 per day fine be imposed. Staff recommended the property owner contact the Pinellas County Extension Service for information on Florida friendly landscaping. Mr. McGregor said he wanted to grow grass and requested an April 15, 2008, deadline. Discussion ensued regarding the difficulty of growing grass in the winter. Mr. Salzman noted that Mr. McGregor had the opportunity to continue this item to January 23, 2008, but chose to proceed today. Attorney Soto submitted City composite exhibits. Member Wehner moved that this case came before the City of Clearwater Code Enforcement Board on November 28, 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 the Respondent, it is evident the front yard lacks groundcover. Code Enforcement – 2007-11-28 7 CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 3- 1502.H.2 as referred to 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 April 15, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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. The motion was duly seconded and carried unanimously. 2. UNFINISHED BUSINESS A. Case 76-06 – Affidavit of Non-Compliance – Cont’d from 10/24/07 Gratoor Investments LLC. 1512 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces - Ruud B. Case 77-06 – Affidavit of Non-Compliance – Cont’d from 10/24/07 Gratoor Investments LLC. 1508 S. Missouri Avenue Exterior Surfaces, Parking Lot Surfaces – Ruud C. Case 14-07 Affidavit of Non-Compliance George T. Bleasdale 1216 N. Fort Harrison Grass Parking, Parking Lot Surfaces – Collins Code Enforcement – 2007-11-28 8 D. Case 15-07 – Affidavit of Non-Compliance George T. Bleasdale 1212 N. Fort Harrison Grass Parking, Parking Lot Surfaces – Collins E. Case 19-07 – Affidavit of Compliance Magdaleno A. Iraheta 1628 Harvard Street Outdoor Display/Storage, Exterior Storage – O’Neil F. Case 34-07 – Affidavit of Compliance Egg Platter III Inc. 19042 US Highway 19 N Vehicle Display, Public Nuisance Condition, Signs – Franco Member Keyes moved to accept the Affidavits of Compliance for Cases 19-07 and 34- 07, and the Affidavits of Non-Compliance and issue the Orders imposing the fines for Cases 76- 06, 77-06, 14-07, and 15-07. The motion was duly seconded and carried unanimously. G. Case 03-07 – Status Report Real Global Investments LLC (Sweetwater’s) 2400 Gulf-to-Bay Boulevard Signs, Exterior Surfaces, Public Nuisance - Franco (Fine - $17,250) Inspector Franco said the property has been maintained. She recommended that consideration of a fine reduction be continued until construction begins. A status report to be provided in 90 days. 3. OTHER BOARD ACTION/DISCUSSION A. Case 74-06 – Request for Fine Reduction Remzi Dalip 2135 Burnice Drive Carport enclosure w/o permits - Wilson (Fine - $51,000) Attorney Jerry Cobb, representative, said property owner Remzi Dalip is a naturalized citizen in his 70s, with health problems, family issues, little income, and difficulty reading English. He said Mr. Dalip was not aware a fine had been imposed. He said the enclosure, constructed to gain privacy from a neighbor, had no interior finish. He said prior to the property’s annexation in 2004, City inspectors did not indicate the enclosure was unsafe nor violated fire code. He said the property had no prior violations and this violation related to aesthetics, not physical damage. Attorney Salzman reported administrative costs were $1,096.58. Mr. Hall said staff opposed a reduction in the fine, as compliance required an extended and laborious process for City inspectors and prolonged agitation for neighbors. Inspector Kyle Wilson said while the Code Enforcement – 2007-11-28 9 property was cited on April 26, 2006, the property owner resisted compliance and did not remove the enclosure’s lattice and shades until December 29, 2006. Attorney Salzman said the property owner was not present nor represented at the original hearing. He said posting of the property provided proper notice of the hearing. Discussion ensued with comments that a fine was in order as the neighbors had to contend with the problem for a long time and compliance required significant intervention by City staff. Mr. Salzman said the City’s goal is to reach and maintain compliance, not punish property owners. Attorney Soto requested if the fine is reduced, payment be made to the City within 30 days. Mr. Cobb requested additional time. Member Daniels moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on November 28, 2007, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent, and considering the Affidavit of Compliance accepted by the Board on August 22, 2007, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated February 7, 2007, as recorded in O.R. Book 15623, Pages 1228-1233, of the public records of Pinellas County, Florida, is hereby reduced from $51,000to $5,000 plus administrative fees of $1,096.58 for a total of $6,096.58, payable to the Petitioner by May 31, 2008. If this amount is not paid within the time specified in this Order, a lien in the original amount of $90,500 shall be recorded in the public records of Pinellas County, Florida, and shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162 of the Florida Statutes. The motion was duly seconded and carried unanimously. B. Case 12-06 – Request for Fine Reduction Frank P. Barlow 1135 Lakeview Road Exterior storage - Ruud (Fine - $90,500) Attorney Salzman said the fine stopped accruing once it reached the property’s just market value. Administrative costs were $737.50. The property is in compliance. Don McFarland, representative, said property owner Frank Barlow was cited in December 2005 for storing concrete blocks on his property. He said Mr. Barlow, who is in his 70s, did not understand the gravity of the situation. He said Mr. Barlow’s family has suffered recent health problems. He said Mr. Barlow’s own health issues have clouded his capacity to understand. The last blocks were removed in September 2007. Mr. McFarland suggested a $5,000 fine. In response to a question, Mr. McFarland said Mr. Barlow owns three lots on Lakeview Road. Mr. Hall said staff opposed a reduction in the fine due to Mr. Barlow’s problematic Code Enforcement – 2007-11-28 10 properties and his total resistance to staff’s numerous efforts to bring the property into compliance. He said the prospective buyers attempting to purchase another of Mr. Barlow’s properties had brought the subject property into compliance. It was suggested the fine should be reduced due to extenuating circumstances. Member Keyes moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on November 28, 2007, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent and considering the Affidavit of Compliance accepted by the Board on October 24, 2007, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated June 1, 2006, as recorded in O.R. Book 15155, Pages 2684-2689, of the public records of Pinellas County, Florida, is hereby reduced from $90,500to $5,000 plus administrative fees of $737.50 for a total of $5,737.50,payable to the Petitioner by December 31, 2007. If this amount is not paid within the time specified in this Order, a lien in the original amount of $90,500 shall be recorded in the public records of Pinellas County, Florida, and shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162 of the Florida Statutes. The motion was duly seconded and carried unanimously. C. Cases 09-07 & 58-06 – Request for Fine Reduction Luis Acevedo (Yield Development) 1749 Drew Street Outdoor Storage, Property Maint. Grass Parking, Inoperative Vehicle – O’Neil (Fines - $22,250 & $12,450) This item was continued by staff, at the request of Representative Attorney Gregory Showers, to January 23, 2008. D. Case 37-06 – Request for Fine Reduction Hearing Wells Fargo Bank NA 811 Druid Road E. Permits/inspections – Coccia (Fine - $106,000 as of 11/28/07) Member Keyes moved to schedule a hearing for Case 37-06 for January 23, 2008. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS: – None. Code Enforcement – 2007-11-28 11 6. APPROVAL OF MINUTES - October 24,2007 Member Keyes moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of October 24,2007, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 4:35 p.m. ~ t~QO -' ai~~ Municipal C de Enforcement Board Attest: ~ Secre 0 he Board Code Enforcement - 2007-11-28 12