MINUTES CITY OF TREASURE ISLAND, FLORIDA CODE ENFORCEMENT BOARD MEETING CITY HALL AUDITORIUM, 120 108TH AVE, TREASURE ISLAND, FL 33706 October 19, 2016 3:00 PM 1. Meeting Called to Order: The meeting was called to order at 3:02 by Chair Dominique Reiter. 2. Pledge of Allegiance The Pledge of Allegiance was led by Mr. Fagan 3. Cell Phone Announcement 4. Roll Call: Dominique Reiter, Chair James E. Buchyn, Vice-Chair Dana Ball Dennis Fagan Belinda J. Lunn Sharon McLendon Bob Weber Diane Gardner-Rhoden-Alternate Nikki Ingalls-Alternate Absent Absent Deputy City Clerk Pam Middleton swore in Code Enforcement Board Alternate Ms. Nikki Ingalls. Ms. Reiter thanked the new members. 5. Agenda Approval/Changes-None 6. Approval of the August 17, 2016 Training Session and Regular Meeting Minutes. It was moved by Mr. Fagan to accept the minutes for both the training session and regular meeting from August 17, 2016 and seconded by Ms. Ball. The 7. Explanation of Hearing Procedures City Attorney Jennifer Cowan read the hearing procedures. 8. Administration of Witness Oath 1
Ms. Middleton administered the oath to staff and members of the audience. 9. Ex Parte Communication Disclosure-None. 10. Case hearings. CEB 2016-16, Luis E. Jimenez & Juanita Jimenez, 9750 Gulf Blvd, #A-1. Section 68-495, and Florida Building Code 1001.2 and 1008.1.5. Dilapidated decks/balconies. Mr. Powell stated that the property is one condo in a three unit condo building. The property was inspected in May 2016. It was not in compliance due to dilapidated decks and railings and missing railings. A notice of violation was sent with a compliance date of June 2, 2016. It was returned unclaimed. Mr. Powell went over what needed to be done to bring the property into compliance. The property was reinspected in August 2016 and found noncompliant. A notice of hearing was sent. Mr. Jimenez applied for a permit but he didn t have the plans. Building Inspector Larry Jenkins said the history goes back to 2013. The whole condo complex was in disarray. They ve worked with the HOA to bring them into compliance. The building has had work done. He went on to explain the history of the deck that is in violation. Mr. Jenkins showed pictures of the deck. Mr. Weber asked if the other units decks were completed. Mr. Jenkins answered in the affirmative. Ms. Reiter stated she remembered the building from a Code Enforcement Board meeting back in 2013 and wanted to know if this would be considered a return hearing. Mr. Powell stated this is the first time he has sent them a notice on this issue. Ms. Reiter asked for a clarification to see if the unit owner or the HOA was responsible. Mr. Jenkins said from what he understands in talking to the HOA there was no cooperation with the owner of A-1. The whole building was cited. The other two owners signed the agreement. Mr. Weber said he lives in a condo and the HOA is in charge of the decking. Mr. Jenkins said there was some legal issues between the HOA and the owner. Mr. Powell said staff requests the board find the property in violation as a first time offender and be given 20 days to come into compliance. Mr. Powell asked to accept his documents as evidence. Ms. McLendon asked for some clarification with regard to the other two units. Mr. Jenkins explained that the code case was dropped against the other units once the building permit was issued. They are waiting on a final inspection. A motion was made by Mr. Weber to accept the admission of documents by staff into evidence. The motion was seconded by Ms. McLendon. The Mr. Fagan asked if it is normal to cite the owners rather than the HOA with regard to problems concerning the exterior of the building. Mr. Jenkins said they cited each individual owner. Mr. Fagan said the owner came in for a permit, but they didn t have plans. Mr. Fagan wanted to know if the city followed up with that. Mr. Powell explained that the owner was here to explain himself. Mr. Weber had questions about the HOA s bylaws. Ms. Cowan said they could ask the owner about it. Ms. Reiter said every condo is different. 2
Mr. Jimenez said he believes the association is responsible. He has owned the property since 2005. He was told the HOA would take care of it as needed. The building was cited in 2013 because it was in really bad shape. He was told that the association had no funds. One of the other owners said they could loan the money and repair it as well. He gave some explanation about the work that was done to the outside of the building. His HOA fees went up. He explained some other issues with the building. Mr. Jimenez said the exterior work was not done well. His ceiling leaked. He has spent a large sum of money repairing his interior due to the leaking. The association then wanted another $32,000 for the deck. He has hired a lawyer. He said he hired another contractor. He was told by the HOA that he had to use their contractor and got the proper paperwork. He obtained the deck plans from the other units. Mr. Jimenez stated that Mr. Powell said he needed the approval from the HOA. There have been several emails between Mr. Jimenez and the HOA. It has taken several weeks. His attorney has sent several emails. Mr. Weber asked when Mr. Jimenez would be back to the city with the proper paperwork. Mr. Jimenez said he has been waiting for the information from the HOA board. Their next meeting is in November. Ms. Reiter asked to continue the case until they know who is responsible for the balcony. Mr. Weber agreed and would like to get the HOA s bylaws. Mr. Jimenez said this is the last headache with the association. Mr. Jenkins asked if he had a Florida Licensed contractor. Mr. Jimenez answered in the affirmative. Ms. Mel Lenehan said the owner has the collateral with the land. She said they cannot lien an association. It is with the owner not the city. She suggested the owner sue the HOA for having no money. Ms. Reiter said they are trying to determine who they should speak to and would like continue the case. Ms. McLendon asked when the HOA board was going to be meeting. Mr. Jimenez said he was told it was in November. Ms. Lunn asked how many units were in the buildings and how many people were on the condo board. Mr. Jimenez said seven units, but he wasn t sure about how many members were on the board. Ms. Reiter said City Attorney Jennifer Cowan suggested they continue the case. Mr. Weber made a motion to continue the case until the November 16, 2016 meeting. It was seconded by Ms. McLendon. The vote was unanimous. CEB 2016-58, Randy & Miranda Geffon, 48 Dolphin Drive, Section 18-37 and 68-495, Overgrown grass, weeds, trees and shrubs that is conducive to infestation by rats, rodents, snakes or other vermin. Mr. Powell said the property has been in foreclosure for over three years. There have been several instances where the grass and weeds were overgrown and in the past he contacted the bank and the problem was fixed. Mr. Powell emailed the bank in September 2016. Mr. Powell showed some pictures. A second email was sent to Wells Fargo and he was told they couldn t cut the grass until they got permission from the owner. He sent a notice of hearing. They are repeat offender for they were cited back in August 2013 for the same offenses. The certified mailer were returned signed from the bank. Mr. Powell received an email from Ms. Geffon stating she would take care of the issue. The property is in 3
compliance as of October 15, 2016. Staff recommends the board find them as a repeat violator for a span of 35 days. Mr. Powell submitted the documents in as evidence. A motion was made Ms. Ingalls by to accept the admission of documents by staff into evidence. The motion was seconded by Ms. Ball. The voice vote was unanimous. The public hearing was closed. Ms. Ball asked if it was a second offense. Mr. Powell answered in the affirmative. Ms. Ball said they should be fined. Mr. Weber suggested a lump fund. Mr. Powell reiterated that Ms. Geffon cleaned up the property. The bank did not. Ms. Cowan explained the foreclosure process on this particular property. Mr. Powell said the bank had been taking care of the property for the past two years. Ms. Lunn suggested a daily fine of $10/day. Mr. Fagan asked for clarification about the fine amounts. Ms. Reiter said it could be up to $500/day. Ms. Cowan said the first question is if they are a repeat violator. Then they could assess a fine and she recommended a daily fine over a lump sum. In determining the fine amount Ms. Cowan suggested they consider the gravity, actions, and previous violation. McLendon wanted to know if he noticed both. Mr. Powell said yes and the notice was on the property. Mr. Fagan suggested daily fine. Mr. Fagan made a motion to find the property as a repeat violator. It was seconded by Ms. Ball. The Ms. McLendon said the lack of response from the Geffon s may have been because they weren t really notice. Mr. Powell explained the process. Mr. Fagan said they were found as repeat violators. Ms. Reiter said they still own the property. Mr. Weber made a motion to fine the property $10/day. The motion was seconded by Mr. Fagan. The CEB 2016-56, Robert Olivero, 8586 E Bay Dr, Treasure Island. Sections 68-221, Permitted uses, and 46-68, Business Tax Receipt required. Operates a Tourist Dwelling in the RM-15 Land Use District when that is not an approve use and operates a business, a rental property, without paying the City Business Tax. Mr. Powell said the property is a single family residence. The property was rented 9 times in 2016. Tourist dwelling is permitted where this is located, but up to five times a year. A city business tax receipt is required as well. The respondent provided a letter saying he would no longer rent it out anymore. He said it appears that it is in compliance now because it isn t being rented this week and it isn t online anymore. Mr. Powell said he will keep an eye on the property. Staff recommends the board find them as a first time violator. Mr. Powell submitted the documents as evidence. A motion was made by Mr. Weber to accept the admission of documents by staff into evidence. The motion was seconded by Ms. Ball. The voice vote was unanimous. 4
Ms. Ball asked if a property in the RM-15 district can be rented up to 5 times a year. Mr. Powell answered in the affirmative. Mr. Fagan asked for clarification about the RM-15 Land Use District. Mr. Powell went on to explain that the property owner didn t have a business tax receipt. Mr. Weber made a motion to find the property as a first time violator. It was seconded by Ms. Ball. The 11. Old Business-None 12. New Business: Mr. Fagan asked if the board assessed a fine for a first time violation. Ms. Cowan explained that they are identifying the corrective action that needs to be assessed. Ms. Reiter went around the board and asked if the members could make it to get a quorum at the November 16, 2016 meeting. There will be a quorum. 13. Adjournment. The next Code Enforcement Board meeting is scheduled for November 16, 2016. The meeting adjourned at 4:14 p.m. 5