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Code Enforcement Board

Tuesday, October 1, 2024 · Government meeting record

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Code Enforcement Board

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\ DUN~ DIN Home of Honeymoon Island MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF OCTOBER 1, 2024 CITY HALL, 737 LOUDEN AVENUE, 2:00 PM CITY OF DUNEDIN PRESENT: Chair Phil Stone, Jason Gillette, Matthew Wielinski , Jaime Ballard, Lisa Hunt and Terry Sweetser ABSENT: Dan Bolduc (With Excuse) Jeremy Reynolds (Without Excuse) ALSO PRESENT: Assistant City Attorney Noah Daiker, Secretary to the Board Joan McHale, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel, Administrative Assistant Maria Karp-Kirksey, Pinellas County Sheriff Deputy Ward and four attendees. CALL TO ORDER Chair Stone called the meeting to order at 2:00 P. M. and explained the purpose of this Board and meeting procedures to those in attendance. At this time Chair Stone asked the members of the board and those on the dais to introduce themselves as there were new members present. CITIZEN INPUT - None Opportunity for the Public to address the Board on matters not on the agenda. 1. CONSENT AGENDA Approval of draft minutes for the September 3, 2024 Code Enforcement Board meeting. Ms. Ballard noted the minutes reflected she is a licensed contractor which is not correct; she is a licensed Community Association Manager. Secretary to the Board McHale will make the correction. MOTION: Mr. Gillette moved to approve the minutes of the regular meeting of September 3, 2024 as amended. Second was made by Ms. Ballard. VOTE: Motion carried unanimously. 2. TESTIMONY OATH OF STAFF AND PUBLIC Ms. McHale swore in Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel and all others wishing to speak. . 3. AFFIDAVITS OF COMPLIANCE 3.a. Case 24-217 City vs OLSON IGNACIO MARIN 1611 Pasadena Drive MOTION: Mr. Wielinski moved in Case 24-217 property located at 1611 Pasadena Drive, owner Olson Ignacio Marin, to accept the Affidavit of Compliance. Second was made by Mr. Gillette. VOTE: Motion carried unanimously. 3.b Case 24-219 City vs OLSON IGNACIO MARIN 1611 Pasadena Drive 1

I < Regular Meeting October 1, 2024 Dunedin Code Enforcement Board Violation of the International Property Maintenance Code Section 304. 7 Exterior Structure Roofs & Drainage MOTION: Mr. Wielinski moved in Case 24-219 property located at 1611 Pasadena Drive, owner Olson Ignacio Marin, to accept the Affidavit of Compliance. Second was made by Mr. Gillette. VOTE: Motion carried unanimously. 4. OLD BUSINESS 4.a Case 24-216 City vs OLSON IGNACIO MARIN 1611 Pasadena Drive Violation of the Dunedin Code of Ordinances Section 34-1 (A) Environment; Offensive Accumulation Dunedin Code of Ordinances Section 34-1{A) Environment, Offensive Accumulation (a) It shall be unlawful for any person to accumulate, leave, dump, or store openly on any premises with a residential zoning classification any building materials, automobile tires , inoperable or derelict vehicles, and any and all other articles of personal property which may be seen from the public rights-of-way or abutti ng properties for a period greater than three days, unless storage of such articles on residential premises is specifically allowed under other provisions in this Code. Board Discussion Code Compliance Supervisor Phillips requested the Board accept the Affidavit of Non- compliance. Chair Stone determined from Ms. Phillips the respondent was not present and she has been in contact. Ms. Phillips advised the property is still in violation and explained much of the accumulation was just pushed to the side and under a tarp; it needs to be in an enclosed building. Mr. Wielinski verified with Ms. Phillips this is the case the Board gave the respondent a two month extension. MOTION: Mr. Gillette moved in Case 24-216 property located at 1611 Pasadena Drive, owner Olson Ignacio Marin did not correct the violation on or before the compliance date of September 2, 2024 and to accept the Affidavit of Non-Compliance. Second was made by Mr. Sweetser. VOTE: Motion carried with Ms. Hunt, Ms. Ballard, Messrs. Gillette, Wielinski, Sweetser and Chair Stone voting aye. Voting nay, none. 5. NEW BUSINESS 5.a. Case 24-614 City vs GREG MAISON 1750 Pinehurst Road Violation of the Dunedin Code of Ordinances Section 105-27 .1.1.1 (8)6 Site Standards for Houses and Duplexes; Vehicle Parking Standards Case Summary Code Compliance Supervisor Phillips reviewed Case 24-614: The property is currently in compliance; she will be requesting a Declaration of Violation. The property is a single family home located in the R-60 Zoning District 2

I ,' Regular Meeting October 1, 2024 Dunedin Code Enforcement Board Dunedin Code of Ordinances Section 105-27 .1.1.1 (B )6 Vehicle Parking Standards It shall be unlawful to park any vehicle exceeding 22 feet in length or 8 feet in width on any street or right-of-way abutting residentially zoned lots or parcels of property, unless loading or unloading is taking place (4-hour max) Notice of Violation was sent Certified Mail to the property owner, posted to the property and City Hall on August 12, 2024. Compliance Date: August 24, 2024 Certified Mail Delivery Confirmation was received on August 15, 2024 at 11 :06 a.m. Notice of Hearing was sent to the property owner via Certified Mail, posted to the property and City Hall on September 16, 2024. On August 8, 2024 the City Commission passed on second reading Ordinance 24-14 prohibiting vehicles that exceed 22 feet in length or 8 feet in width from parking on a residential street or right-of-way unless loading or unloading are taking place. On August 9, 2024 she phoned the owner and advised him of the new ordinance. On August 12, 2024 she posted the property with an Affidavit of Posting and a Notice of Violation. On August 14, 2024 she received an email from Mr. Maison requesting an extension until September 11, 2024 to bring the bus into compliance. On August 27, 2024 she sent the owner an email reminding him the bus must be registered as a recreational vehicle to be legally parked on the property; Mr. Maison stated he would get the forms needed and register the vehicle. On September 12, 2024 no corrective action had been taken. On September 17, 2024 she met the owner, Mr. Mason at his property and posted an Affidavit of Posting and Notice of Hearing on the door. Mr. Maison stated the bus would be put behind the fence over the weekend. She advised him the case was scheduled to go to the Board on October 1, 2024 and he stated he would be in compliance by that time. She went back to the property on September 23, 2024 and the bus had been moved behind a 6-foot privacy fence. Ms. Phillips noted the photographs in the PowerPoint presentation depicting the bus that had been parked on Mary Jane Lane and when moved behind the fence. Board Discussion Chair Stone clarified with Ms. Phillips this same bus issue had been before the Board and Ms. Phillips explained that case was lost in court and this is a new case. Staff Recommendation The property is currently in compliance. The request is for a Declaration of Violation. Any future violations of this same ordinance within the next (5) five years by the same property owner will be considered a repeat violation and subject to a fine of up to $500.00 per day. MOTION: Mr. Gillette moved to find Case 24-614 property owner Greg Maison, property address 1750 Pinehurst Road did not correct the violation of Dunedin Code of Ordinances Section 105-27.1.1.1 (8)6 Vehicle Parking Standards on or before the compliance date of August 24, 2024; however is now in compliance. This Declaration of Violation serves as notice that any future violations of this same ordinance 3

' Regular Meeting October 1, 2024 Dunedin Code Enforcement Board within the next (5) five years by the same property owner will be considered a repeat violation and subject to a fine of up to $500.00 per day. Second was made by Mr. Wielinski. VOTE: Motion carried with Ms. Hunt, Ms. Ballard, Messrs. Gillette, Wielinski , Sweetser and Chair Stone voting aye. Voting nay, none. 6. OTHER BUSINESS Chair Stone recognized a member of the audience who wished to speak. Greg Maison of 1750 Pinehurst Road commented he had asked for a second extension because of some miscommunications after originally she said he could park behind the fence for a week, and then she said he couldn't. He delayed and then it rained for a couple of weeks , so he asked for a second extension that would have been another month, but he had it moved before then. He did not think he was really in violation of the Code because he did ask for the extension ; it was a 2 week time frame instead of the normal 30 days the Board normally gives. Chair Stone explained his statement was after the fact since the motion was already passed; however, the Board only found that a violation did exist, but was not assessing any fine at this time. 6.a. Code Enforcement Board Member Comments In response to the question from Mr. Wielinski, Ms. McHale explained Ms. Hunt filled an alternate position and there are two alternate positions; there are no regular positions open . There is one open alternate position. 6.b. Attorney Comments Attorney Daiker noted that Ms. McHale had spoken to City Attorney Cowan regarding orientation for new members on the Board. Ms. McHale advised she would email the presentation from the previous orientation . She noted also there is still one vacancy if the Board wanted to wait to fill that position to have the orientation . If not it can be scheduled now since there are 4 new members. Discussion ensued regarding applicants for the vacant position with Ms. McHale advising there was one more candidate who invited to the August and September meetings; however, he did not respond. The direction was to go ahead and schedule the orientation. 6.c. City Staff Comments - None 6.d. Set next meeting date of November 5, 2024 Chair Stone announced the next Code Enforcement Meeting of November 5, 2024 at 2:00 p.m. Motion to adjourn by Mr. Wielinski and seconded by Mr. Gillette passed unanimously. ADJOURN Meeting adjourned at 2:40 P. M. NOTE: This meeting was recorded and those recordings are a part of the official file. ~ GGJ--~, P~il Stone, Chair Dunedin Code Enforcement Board 4

1. CONSENT AGENDA 1.a Approval of draft minutes to the September 3, 2024 Code Enforcement Board meeting 2. TESTIMONY OATH OF STAFF AND PUBLIC 3. AFFIDAVITS OF COMPLIANCE 3.a Case 24-217 City vs OLSON IGNACIO MARIN 1611 Pasadena Drive 3.b Case 24-219 City vs OLSON IGNACIO MARIN 1611 Pasadena Drive Violation of the IPMC Section 304.7 Exterior Structure Roofs & Drainage 4. OLD BUSINESS 4.a Case 24-216 City vs OLSON IGNACIO MARIN 1611 Pasadena Drive Violation of the DCO Section 34-1(A) Environment; Offensive Accumulation NOTICE OF PUBLIC MEETING CODE ENFORCEMENT BOARD CITY HALL, 737 LOUDEN AVENUE OCTOBER 1, 2024 2:00 PM AGENDA CALL TO ORDER CITIZEN INPUT Opportunity for the Public to address the Board Review and Approve EXHIBIT: CESEPTEMBER2024.pdf Swearing in of all staff and public who wish to provide testimony Discussion EXHIBIT: AC-Case No. 24-217.pdf Discussion EXHIBIT: AC - Case No. 24-219.pdf Discussion EXHIBIT: 1. 24-216 Order of the Board 7-2-24.pdf EXHIBIT: 2. 24-216 NOH 10-1-24.pdf EXHIBIT: AONC 09-11-24.pdf 1

5. NEW BUSINESS 5.a CASE 24-614 CITY VS GREG MAISON 1750 Pinehurst Road Violation of the DCO Section:105-27 .1 .1 1 B 6 Site Standards for Houses and Duplexes; Vechicle Parking Standards 6. OTHER BUSINESS 6.a a. Code Enforcement Board Member Comments b. City Attorney Comments c. City Staff Comments d. Set next meeting date of November 5, 2024 Discussion EXHIBIT: NOV 24-614 dated 8-12-24.pdf EXHIBIT: AP 24-614 dated 8-12-24.pdf EXHIBIT: CMD 24-614 dated 8-15-24.pdf EXHIBIT: AP 24-614 dated 9-16-24.pdf EXHIBIT: NOH 24-614 dated 9-16-24.pdf Discussion ADJOURN Note: Please put cell phones and pagers on silent or vibrate during the meeting. This meeting is televised; therefore, you may appear on TV at any time. Public Appearance: CITIZEN INPUT is for comments from members of the audience regarding items not listed on the agenda for this meeting (please give name and address and limit all comments to a maximum of three minutes). AS FOR ITEMS ON THE AGENDA individual speakers are limited to a maximum of three minutes. A Representative of a group consisting of 5 individuals who are present during the meeting may speak on behalf of the group for up to 10 minutes at the Chair’s discretion. To do so, the individuals must have waived their time to the representative by providing their name and address on the back of the comment card. Public Hearings: During public hearings the Chair will open the agenda item to the public for comment. If you wish to comment come to the microphone at the podium and give your name and address for the record. Make all comments and queries to or through the Chair. This meeting is for agenda items only. Other issues should be presented to the City Manager or City Clerk for discussion at a future Commission meeting. Appeals: Per Florida Statute 286.0105 - If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Disability Provisions: It is the policy of the City of Dunedin not to discriminate against disabled persons in employment or the provisions of services. If you have a disability that requires accommodation, please notify the ADA Coordinator 48 hours prior to the scheduled meeting at (727) 298-3042. 2

COPIES OF THIS AND ALL COMMISSION AGENDAS ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE CITY CLERK, 737 LOUDEN AVENUE, ON THE MONDAY PRIOR TO THE MEETING DATE. COPIES ARE ALSO AVAILABLE ON THE CITY’S WEBSITE AT WWW.DUNEDINGOV.COM. 3

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