Code Enforcement Board

PRESENT: ABSENT: DUN~ DIN Home of Honeymoon Island MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF MARCH 5, 2024 CITY HALL, 737 LOUDEN AVENUE, 2:00 PM CITY OF DUNEDIN Vice Chair Phil Stone, Members Jason Gillette, Dan Bolduc, Alternate Members Sally Caron and Matthew Wielinski ALSO PRESENT: Chair Ken Carson , Members, Victoria Butler, Dave Pauley, Bunny Dutton Assistant City Attorney Sarah Johnston, Secretary to the Board Joan McHale, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Pinellas County Sheriff Deputy Lewis, Commissioner John Tornga and two attendees. CALL TO ORDER Vice 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. CITIZEN INPUT - None Opportunity for the Public to address the Board 1. CONSENT AGENDA 1.a. Approval of Draft Minutes for the February 6, 2024 Code Enforcement Board Meeting MOTION: Mr. Gillette moved to approve the minutes of the regular meeting of February 6, 2024. Second was made by Mr. Wielinski VOTE: Since there was no vote taken, this item will be approved at the April 2, 2024 meeting . 2. TESTIMONY OATH OF STAFF AND PUBLIC Ms. McHale swore in Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Community Development and all others wishing to speak. 3. AFFIDAVITS OF COMPLIANCE 3.a. Case 23-337 City vs Vision Row LLC Case 23-1617 City vs Blake C & Brittany N Ambrester MOTION: Mr. Bolduc moved to accept the Affidavits of Compliance. Second was made by Ms . Caron. VOTE: Since there was no vote taken , this item will be approved at the April 2, 2024 meeting. 4. OLD BUSINESS - None to Report 5. NEW BUSINESS 1

Regular Meeting March 5, 2024 5.a. Case 23-1552 City vs Tamara Whalen 840 Beltrees Street Dunedin Code Enforcement Board Violation of the Land Development Code Section 103-14.4 Transient Uses Within Certain Zoning Districts, Prohibition Code Compliance Supervisor Phillips reviewed Case No. 23-1552 : Case Summary This is a repeat violation . The property is in the MF-10 Zoning District. Land Development Code Section 103-14.4 Transient Uses Within Certain Zoning Districts: Prohibition Rentals under three months in duration are not allowed in residential neighborhoods or other districts not specifically allowing for such uses. Rentals of less than three months must be located in zoning districts specifically providing for such transient and commercial uses. Definition of a Repeat Violation as defined in Chapter 162.04 "Repeat Violation" means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi- judicial process, to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations. On November 7, 2023 Case 23-1552 was brought before the Dunedin Code Enforcement Board for an illegal short term rental ; Dunedin Code of Ordinances Section 103-14.4 Transient Uses Within Certain Zoning Districts; Prohibition. The respondent was not present. The Board found the respondent was in violation after the compliance date, but in compliance prior to the hearing. A Declaration of Violation was requested and granted by the Board. Any future violat ion of the same ordinance within 5 years by the same property owner will be considered a repeat violation subject up to $500.00 per day. On January 27, 2024 during a routine inspection on the internet, she observed the property was again advertising the property less than the 90-day or 3 calendar months required for the MF-10 Zoning District. On January 31, 2024 the property was posted with an Affidavit of Posting; Notice of Repeat Violation; Notice of Hearing . A copy of the packet was also posted at City Hall and sent Certified Mail to the property owner. The signed Certified Mail Delivery confirmation was received on February 6, 2024 at 3:17 p.m. While on the internet searching Zillow, the property came up advertised for $4 ,500 per month and scrolling down it indicated "short term rental, one month and more". On January 30 , 2024 that same listing still had the $4,500 monthly and still listed the short term rental , one month and more. Continuing to look at the pictures she saw one that said Turtle Cove and clicking on it advertised 840 Beltrees Street linking to that website she tried to book the property from May 1 - May 6. It definitely showed the property of 840 Beltrees Street; she tried to book the property for 5 nights which took her to $1,250 May 1 - May 6 and prompting her to put in her credit card for at total of $1,600 . Continuing to search that website it says "long term stays allowed" indicating 2

J,. Regular Meeting March 5, 2024 Dunedin Code Enforcement Board long term stays of 28 days or more. In that zoning district the rentals can only be for 90 days or more, not less. When some of these individuals come to the Code Board and realize that Host Compliance can pick them up through Airbnb and Vrba , the choose to make their own website so it is not picked up in that way and people have to actually search for that website on the internet. Going back to the website on January 31 , 2024 and trying to book the property again , she was able to do so for $1 ,250 for the dates of June 1 - June 6 and again stating that long term is 28 days or more. Going back to Zillow it was still listed at $4 ,500 a month , short term rental. On the website February 1, 2024 she was still able to book June 1 - June 8 for $1,750 for 7 nights and was prompted to book it now for a total of $2 ,100. It still had the listing of 28 days or more and still had Tamara Whalen listed . She spoke with Tamara Whalen on multiple occasions, by email and by phone. She was very embarrassed and said she did this because her husband was sick and she had a very difficult time trying to book that specific property for 90 days or more. Ms. Whalen was given the property district she could look at, she is a realtor and could look at something that would accommodate her. The website is now in compliance as of February 5, 2024; when she tried to book the property it took her to the end date of 90 days. The listing was changed to "welcome to long term stays of 90 days or more"; the Zillow account was changed to read 90 days or more. Staff Recommendation Requesting a fine in the amount of $500.00 per day for the following dates: January 27, 2024; January 30, 2024 ; January 31 , 2024 and February 1, 2024 for a total of $2 ,000. Board Questions - None Respondent Presentation Vice Chair Stone determined no one was present for this case and verified with Ms. Phiillips the respondent was aware of the hearing and the proposed fine . MOTION: The following language accepted as proposed by Assistant City Attorney Johnston: Mr. Bolduc moved to find Case No. 23-1552 , property owner Tamara Whalen , property address 840 Beltrees Street in repeat violation of the Land Development Code Section 103-14.4 Transient Uses Within Certain Zoning Districts, Prohibition and is currently in compliance. The Respondent shall suffer a fine of $500.00 per day for the dates of January 27, 2024 ; January 30 , 2024 ; January 31, 2024 and February 1, 2024 for a total of $2 ,000.00 . Second was made by Ms. Caron . VOTE: Motion carried with Ms. Caron , Messrs. Gillette, Bolduc, Wielinski and Vice Chair Stone voting aye. Voting nay, none. Vice Chair Stone reviewed the Finding and Order of the Board . 5.b. Case 23-1750 City vs Donald A & Cynthia P Moon 1700 San Mateo Drive 3

Regular Meeting March 5, 2024 Dunedin Code Enforcement Board Violation of the Land Development Code Section 103-14.4 Transient Uses Within Certain Zoning Districts, Prohibition Vice Chair Stone determined no one was present for this case. Code Compliance Supervisor Phillips reviewed Case No . 23-1750. Case Summary The property is in the R-60 Zoning District Land Development Code Section 103-14.4Transient Uses Within Certain Zoning Districts; Prohibition Rentals under three months in duration are not allowed in residential neighborhoods or other districts not specifically allowing for such uses. Rentals of less than three months must be located in zoning districts specifically providing for such transient and commercial uses. Notice of Violation was sent Certified Mail to the property owner on December 21 , 2023 with a Compliance Date of January 14, 2024. Certified Mail Delivery was attempted and held at the Post Office at the customer request on December 26, 2023; the letter is still there . The property was posted and at City Hall with an Affidavit of Posting and new Notice of Violation for January 19, 2024 with a compliance date of January 29, 2024. Notice of Hearing and Affidavit of Posting at the property and City Hall were posted February 8, 2024. The property is located on Airbnb advertised on December 21 , 2023. When she tried to book the property, a 3-night minimum stay was indicated. In the zoning district it is 90 days or more only. She tried to book the property from January 8 - January 11 , 2024 and it gave a fee of $800.84 for 3 nights. On January 18 , 2024 again attempted to book the property for 3 nights for April 15 - 18 with a charge of $959.00 which took her to the payment page that prompted for a credit card . The site indicated from November 2023 until recently there were at least 5 people staying at the property, which if advertising 90 days or more there would only be 4 per year. On January 23 , 2024 when she tried to book the property of 30 nights, May 1 - 31 ; it gave the fee . On February 8, 2024 she posted the Affidavit and Notice of today's hearing . On February 9, 2024 the website indicated the 90 days as required by ordinance. She has reached out to the property owner multiple times, three times by phone; she did not have their email address and the only person who has reached out to her was actual property owner, Caso who runs Coast to Coast Vacations; she was very responsive and is the one who maintains the property for the owners and she did get it into compliance. 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 4 ..

Regular Meeting March 5, 2024 Dunedin Code Enforcement Board owner will be considered a repeat violation and subject up to $500 .00 per day. Board Questions - None Respondent Comment The respondent was not present. MOTION : Mr . Bolduc moved to find Case No. 23-1750 , property owner Donald A & Cynthia P Moon , property address 1700 San Mateo Drive was in violation of Land Development Code Section 103-14.4 Transient Uses Within Certain Zoning Districts, Prohibition after the Compliance Date of January 14, 2024 and is now in compliance . Any future violations of any of this same ordinance within five (5) years by the same property owner will be considered a Repeat Violation and subject to a fine up to $500.00 per day. Second was made by Mr. Wielinski. VOTE: Motion carried with Ms. Caron , Messrs. Gillette, Bolduc, Wielinski and Vice Chair Stone voting aye. Voting nay, none. Vice Chair Stone reviewed the Finding and Order of the Board . 5.c. Case 24-07 City vs Tamara Russo & Anthony Watkins 1309 Wildwood Court Violation of the Land Development Code Section 105-27.1.1.1(f) Utility Trailers, Boats, RVs Violation of the Land Development Code Section 105-27.1.1.1(h) Front Yard Standards Code Compliance Supervisor Phillips reviewed Case No. 24-07. Case Summary The property is in the R-60 Zoning District. Land Development Code Section 105-27 .1.1.1(f) Utility Trailers, Boats, RVs 1 ). Utility trailers , boats, recreational equipment and recreational vehicles may not be parked or stored in any portion of the front yard to include the buildable area unless actual loading or unloading ( 4-hour max) is taking place (exemption - see§ 105-27. 1. 1.l(G). 5). No utility trailers, boats or other recreational equipment and recreational vehicles shall be located between the minimum setbacks established in Chapter 103 Zoning unless screened by a 6-foot privacy fence . Land Development Code Section 105-27.1 .1.1(h) Front Yard Standards and Restrictions 1). Front yard restrictions. (vi). For additional front yard parking , residents may improve up to a nine-foot wide area adjacent to the primary driveway. Parking in any other part of the front yard is prohibited . Notice of Violation : was sent Certified Mail to the property owner on January 4 , 2024 . Compliance Date: January 18, 2024 5

Regular Meeting March 5, 2024 Dunedin Code Enforcement Board Certified Mail Delivery Confirmation was received on January 16, 2024 at 3:50 p.m. The property was posted with an Affidavit of Posting and Notice of Hearing on January 19, 2024 and February 23, 2024 because this case was going to come before the Board last month ; however, was pushed to this month. Inspection indicated a large trailer stored between the two houses, a golf cart parked in the front yard and a disabled mower. Also, a trailer parked partially on the grass located behind a vehicle. January 18, 2024 upon inspection the trailer was still parked behind the truck in the driveway. There was still a disabled mower parked in the front yard and a golf cart and a trailer partially on the grass that should not be on the grass or parked between the house and the street, it needs to be behind a 6-foot privacy fence . January 19, 2024 the trailer was still there, the golf cart was still parked in the front yard , there was still the disabled mower parked in the front yard and the trailer. January 23 , 2024 there was just the mower parked out front, the trailer parked in the driveway. February 5, 2024 the trailer was still in the driveway. February 6, 2024 the trailer was still parked in the driveway The golf cart parked has been moved; there is still a disabled mower in the front yard. On March 1, 2024 everything was removed. She spoke with the property owner who did what was asked and on inspection on March 4, 2024 everything was still in compliance. 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 up to $500.00 per day. Board Questions - None Respondent Comment Vice Chair Stone determined there was no one was present for this case. MOTION: Ms. Caron moved to find Case No. 24-07, property owner Tamara Russo & Anthony Watkins, property address 1309 Wildwood Court was in violation of the Land Development Code Section 105- 27 .1.1.1(f) Utility Trailers Boats, RVs 1) and 5) and Land Development Code Section 105-27.1.1 .1(h) Front Yard Standards 1)(vi) after the Compliance Date of January 18, 2024 and is now in compliance. Any future violations of any of this same ordinance within five (5) years by the same property owner will be considered a Repeat Violation and subject to a fine up to $500.00 per day. Second was made by Mr. Bolduc . VOTE: Motion carried with Ms. Caron, Messrs. Gillette, Bolduc, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 6 ..

Regular Meeting March 5, 2024 Dunedin Code Enforcement Board Vice Chair Stone reviewed the Finding and Order of the Board . 5.d. Case 24-76 City vs Tamara Russo & Anthony Watkins 1309 Wildwood Court Violation of the Land Development Code Section 34-1 (a) Offensive Accumulation Code Compliance Supervisor Phillips reviewed Case No. 24-76 Case Summary The property is in the R-60 Zoning District. Land Development Code Section 34-1(a) Offensive Accumulation Offensive accumulation . 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 public rights-of-way or abutting properties for a period greater than three days, unless the storage of such articles on residential premises is specifically allowed under other provisions of this Code. Notice of Violation: Was sent Certified Mail to the property owner on February 6, 2024. Compliance Date: February 20 , 2024 Certified Mail Delivery Confirmation was not received. The property was posted with an Affidavit of Posting, Notice of Violation and Notice of Hearing on February 23, 2024. Numerous articles are in the yard including a derelict vehicle in the driveway with an expired tag and parts in the driveway. The owner Mr. Watkins stated he has been trying to get the vehicle in working order and had no place to put it. February 9, 2024 the vehicle was still there, the non-working mower was still parked in the front yard and there are still items located on the right side of the property. February 12, 2024 the items were still located on the right side of the property, the vehicle was still in the driveway. February 20, 2024 the vehicle was still in the driveway, the non-working mower was still in the front yard on the grass and other items in the front yard and items on the right side of the home. February 23 , 2024 the vehicle was still in the driveway, items stored in the front yard and items on the right side of the property had not been moved. February 26, 2024 the vehicle was still in the driveway and articles still stored on the right side of the home, the trailer was still there. March 1, 2024 everything on the right side of the home was removed and from the front yard and the inoperable vehicle was removed . On March 4, 2024 the property was still in compliance . 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 up to $500.00 per day. 7

Regular Meeting March 5, 2024 Board Questions - None Respondent Comment Dunedin Code Enforcement Board There was no one was present for this case . MOTION: Mr. Wielinski moved to find Case No. 24-76 , property owner Tamara Russo & Anthony Watkins, property address 1309 Wildwood Court was in violation of the Land Development Code Section 34-1 (a) Offensive Accumulation after the Compliance Date of February 20, 2024 and is now in compliance. Any future violations of any of this same ordinance within five (5) years by the same property owner will be considered a Repeat Violation and subject to a fine up to $500.00 per day. Second was made by Mr. Bolduc. VOTE : Motion carried with Ms. Caron , Messrs. Gillette, Bolduc, Wielinski and Vice Chair Stone voting aye. Voting nay, none. Vice Chair Stone reviewed the Finding and Order of the Board. 6. OTHER BUSINESS 6.a. Vice Chair Stone announced the next Code Enforcement Board Meeting of April 2, 2024 at 2 p.m. ADJOURN MW/SC Matt Wielinski made a motion to adjourn ; Sally Caron seconded. All agreed and meeting was adjourned at 2:47 P. M. NOTE: This meeti ng was recorded and those recordings are a part of the official file . Ken Carson , Chairman Dunedin Code Enforcement Board 8

1 NOTICE OF PUBLIC MEETING CODE ENFORCEMENT BOARD City Hall, 737 Louden Avenue MARCH 05, 2024 2:00 PM AGENDA CALL TO ORDER CITIZEN INPUT Opportunity for the Public to address the Board 1. CONSENT AGENDA 1.a. Approval of Draft Minutes to February 6, 2024 Code Enforcement Board Review and Approve. EXHIBIT: Draft Minutes CEB 2-6-2024.pdf 2. TESTIMONY OATH OF STAFF AND PUBLIC Swearing in of all staff and public who wish to provide testimony 3. AFFIDAVITS OF COMPLIANCE 3.a. Affidavits of Compliance Case 23-337 City vs Vision Row LLC Case 23-1617 City vs Blake C & Brittany N Ambrester Review and Accept. EXHIBIT: Affidavits of Compliance.pdf 4. OLD BUSINESS 5. NEW BUSINESS 5.a. Case 23-1552 City vs Tamara Whalen 840 Beltrees Street Violation of the LDC Section 103-14.4 Transient Uses Within Certain Zoning Districts, Prohibition

2 Discussion EXHIBIT: NB 23-1552 840 Beltrees Street.pdf 5.b. Case 23-1750 City vs Donald A & Cynthia P Moon 1700 San Mateo Drive Violation of the LDC Section 103-14.4 Transient Uses Within Certain Zoning Districts, Prohibition Discussion EXHIBIT: NB 23-1750 1700 San Mateo Drive.pdf 5.c. Case 24-07 City vs Tamara Russo & Anthony Watkins 1309 Wildwood Court Violation of the LDC Section 105-27.1.1.1(f) Utility Trailers, Boats, RVs Violation of the LDC Section 105-27.1.1.1(h) Front Yard Standards Discussion EXHIBIT: NB 24-07 1309 Wildwood Ct.pdf 5.d. Case 24-76 City vs Tamara Russo & Anthony Watkins 1309 Wildwood Court Violation of the LDC Section 34-1(a) Offensive Accumulation Discussion EXHIBIT: NB 24-76 1309 Wildwood Court.pdf 6. OTHER BUSINESS Set next meeting date of April 2, 2024 ADJOURN 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) 298-3043. 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. 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.