Code Enforcement Board

PRESENT: ABSENT: Ci yo D ~ DI MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF SEPTEMBER 3, 2024 CITY HALL, 737 LOUDEN AVENUE, 2:00 P.M. CITY OF DUNEDIN Vice Chair Phil Stone, Jason Gillette, Sally Caron and Matthew Wielinski Members Dan Bolduc (Without Excuse) ALSO PRESENT: City Attorney Sarah Johnston, Secretary to the Board Joan McHale, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel , Maria Karp-Kirksey, Pinellas County Sheriff Deputy Bews and eleven 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 Opportunity for the Public to address the Board on any topic not on the agenda. George Craig of 65 Squire Court he has emailed the Board and tried to get some information on a neighbor who is currently in jail. All the neighbors on their block have witnessed a lot of drug dealing , violence and general nuisance at this person's property and now since being arrested and being in jail there are at least four squatters in her back yard. Vice Chair Stone explained to Mr. Craig the purpose of this Board and that they do not oversee the Code Enforcement staff. Mr. Craig explained the police told him to talk to this Board and that they have no electricity or water which he believed is a code enforcement issue. Vice Chair Stone suggested Mr. Craig give the documents he wished to submit to Code Compliance Supervisor Phillips as well as any other information and his contact information and names of any other neighbors who share his concern and they will follow up . 1. CONSENT AGENDA 1.a. Approve Draft Minutes to Code Enforcement Board Meeting of August 13, 2024. MOTION: Mr. Wielinski moved to approve the minutes of the regular meeting of August 13 , 2024. Second was made by Ms. Caron . VOTE: Motion carried with Ms . Caron , Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 2. TESTIMONY OATH OF STAFF AND PUBLIC Secretary to the Board McHale swore in City staff and all those wishing to provide testimony on any of today's agenda items. 3. AFFIDAVITS OF COMPLIANCE - None 1

4. OLD BUSINESS - None to Report 5. NEW BUSINESS 5a Case 24-372 City vs KAREN J WOLSTEIN 2468 BAYWOOD DR W Violation of the Dunedin Code of Ordinances Section 107-40 Lighting Violation of the Dunedin Code of Ordinances Section 107-40.1 (C) Applicability Case Summary Code Compliance Inspector Laurel reviewed Case 24-372: This property was in violation and is now in compliance; therefore, the City is requesting a Declaration of Violation . The property is a single family home in the R-60 Zoning District Dunedin Code of Ordinances Section 107-40 Lighting 107-40 - LIGHTING Purpose and findings : These provisions are intended to control the use of outdoor, artificial illuminating devices emitting rays into the night sky that may have a detrimental effect on the suburban atmosphere and astronomical observations that create glare . This section is intended to ensure that all new and existing developments construct, erect or maintain outdoor lighting that does not cast light directly on the property of another person in whole or in part, that is used residentially, commercially, or within areas proximate to Honeymoon Island where it may deter sea turtles from nesting . It is the intention of this section to: • Encourage good lighting practices such that lighting systems are designed to conserve energy and money; • Minimize glare; • Protect the use and enjoyment of surrounding property; • Increase nighttime safety, utility, and security; and • Minimize artificial light illumination of Honeymoon Island Beach areas where it may deter adult female turtles from nesting or lead to the disorientation of hatch lings. Dunedin Code of Ordinances Section 107-40.1 (C) Applicability (C) Fixtures shall be mounted in such a manner that the cone of light is primarily directed towards the earth's surface or otherwise fully shielded , such that lighting is contained onsite and do as not cross any property line of the site , nor with any portion of the light bulb or fixture being viewable from above , aside from the cone of light being created by the lighting fixture. Notice of Violation : The property and City Hall were posted and Certified Mail was sent on July 15, 2024. Compliance Date: July 25, 2024 Certified Mail Delivery Confirmation was received on July 20 , 2024 at 2:23 p.m . Notice of Hearing: The property and City Hall were posted on August 22, 2024 . An on line complaint with photos attached were received from the adjacent neighbor regard ing intrusive lighting on June 11 , 2024. She met with the property owner of the subject property regarding the lighting complaint on her property and advised how to come into compliance on June 20 , 2024. Code Compliance Supervisor Phillips and Deputy Dan Nocera 8:49 did a night inspection and verified no corrective action had been taken on June 27 , 2024 . 2

Since no corrective action had been taken the property was posted with a Notice of Violation on July 15 , 2024. Additional photos were received from the adjacent neighbor showing the lights were still in violation on August 21, 2024. Code Compliance Supervisor Phillips went to verify the adjacent neighbor's complaint and confirmed the lights were still in violation on August 22 , 2024. She drove to the location with Code Compliance Supervisor Phillips and Deputy Dan Nocera to do a final inspection and all lighting was brought into compliance on August 29, 2024. Inspector Laurel reviewed the photographs in the PowerPoint presentation provided and described the issues shown. Board Discussion Mr. Wielinski asked if any of the lights were security lights and Ms. Laurel advised the owner changed the lights to motion lights. He assumed and it was verified there were security lights with cameras. He clarified with Ms. Laurel the City could not tell a resident they could not have security cameras; they just need to be directed facing downward or shielded. Mr. Wielinski inquired about the decorative lamp post in the back and what kind of lights were used to resolve the issue. Ms . Laurel explained there were 3 separate lights attached to each lamppost and each had 75 watts; that was very high wattage which was now lowered and changed to purple so that it is not intrusive onto the neighbor's property inside their home. Ms. Caron asked if there is a wattage the City recommends for the type of lighting being discussed. Ms. Laurel explained the issue is being intrusive to the neighbor's property, the light has to stay on the property, face down or be shielded. Staff Recommendation Declaration of Violation and that any future violations of the same ordinance within the next 5 years by the same property owner will be considered a Repeat Violation and subject to a fine of up to $500.000 per day. MOTION: Mr. Wielinski moved to find Case 24-372 property owner Karen J. Wolstein, property address 2468 Baywood Drive W . was in violation after the requested compliance date of July 25, 2024 as set forth in the City's Notice of Violation of the Dunedin Code of Ordinances Section 107-40.1 (C) Applicability and is now in compliance and no fines are being imposed. This order serves as notice that 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 up a fine of up to $500.00 per day. Second was made by Mr. Gillette. VOTE: Motion carried with Ms. Caron, Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 5.b. Case 24-508 City vs ANN LOKEY 1775 BRIAR CIRCLE Violation of the Dunedin Code of Ordinances Section 34-1 Environment: Offensive Accumulation Case Summary Code Compliance Inspector Laurel reviewed Case 24-508: 3

The property is a single family home located in the R-60 zoning district. Dunedin Code of Ordinances Section 34-1 (A) - 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 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 : The property and City Hall were posted and Certified Mail was sent to the property owner on July 15, 2024. Compliance Date: August 16, 2024 Certified Mail Delivery Confirmation signed was received on July 20 , 2024 at 12:40 p.m. Notice of Hearing: The property and City Hall were posted on August 22, 2024 . A reinspection was done on August 22 , 2024 at which time a door hanger was left on the front door inquiring if Ms. Lokey needed help in removing these items and was told no by Ms. Lokey. There has been little change to the property and as of August 23 , 2024 there was some improvement, but still an accumulation of interior personal articles being stored outside. Today inspection indicated some improvement, but still an accumulation of interior personal articles being stored outside . Ms. Laurel reviewed the photographs that were shown in the PowerPoint presentation provided and described the various articles of interior articles being stored outside. Board Discussion Mr. Wielinski noted the concentration on the personal items being stored outside and asked about the yard art with the overgrown grass/weeds. Ms. Laurel advised the yard art is not included in this violation as the pots and plants are fine. Respondent Presentation Ann Lokey of 1775 Briar Circle, owner stated: She was embarrassed which she knew was not the intent here. She is working on it, there has been improvement and she needs more time. She is 78 years old and she is doing it herself. She was sure she could get this done with 60 days more time. She explained her health issues that allowed her to work only a certain amount of time before taking time to rest. Vice Chair Stone noted she was asked by a Code Inspector if she would need assistance and asked if she was still taking the position she could take care of it herself and Ms. Lokey responded she wants to make the decisions. Ms. Lokey noted her lawn mower was broken ; however, it has been cut several times since what was seen in the photographs, so that is not an issue. Vice Chair Stone explained that was not an issue before Board right now and it was noted she can keep the lawn art in front of the house. He explained the concern is the personal property on the porch and around the front entrance; Ms. Lokey stated she understood and needs to decide what goes where and some things have been donated and much has been thrown away. Staff Recommendation Requesting compliance on or before October 3, 2024 or given the severity of the violation is major a fine of $250 .00 per day the violation continues to exist. Code Compliance Supervisor Phillips advised the City did not object to 60 days if that is 4

what is needed for Ms. Lokey to remove the articles herself. Board Questions Ms. Caron asked about if after 30 days Ms. Lokey comes back and asked for assistance. Ms. Phillips advised staff has explained to Ms. Lokey what happens if there is not compliance in the time given and talked about fines , hiring someone to clear for her; they have had all those conversations; however, she wants the opportunity to do it herself. Ms. Lokey if given 60 days, she can come back at any time during that period to ask for assistance ; she noted though not on the 59th day. Mr . Wielinski asked if it would help if the City dropped off some additional dumpsters to her property that they can be on the normal pick up. Ms. Lokey stated at this point she did not think so, when it was clarified that it would be just extra of the regular size containers, she said that would be fine. Ms. Phillips explained that is a conversation Ms. Lokey would need to have with the Solid Waste Department because Code Compliance could not speak for that department. She did not think just several regular size containers would work for this. MOTION: Mr. Gillette moved to find Case 24-508, property owner Anne Lokey, property address 1775 Briar Circle in violation of the Dunedin Code of Ordinances Section 34-1 Environment: Offensive Accumulation and that the respondent shall come into compliance by November 3, 2024 or suffer a fine of $250.00 per day until compliance is met. Second was made by Mr. Wielinski. VOTE: Motion carried with Ms. Caron, Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 5.c. Case 24-519 City vs PATRICK J SODMAN & JAMES C RORES 600 HIGHLAND AVENUE Violation of the Dunedin Code of Ordinances Section 34-31 Environment: Excessive Growth of Weeds Grasses, or Turf Case Summary Code Compliance Inspector Gilbert reviewed Case 24-519 The property is a single family home in the MF-15 Zoning District Dunedin Code of Ordinances Section 34-31 Environment: Excessive Growth of Weeds Grasses, or Turf It shall be unlawful for any person who shall own, control , or occupy any lot, parcel of land or premises in city to allow weeds, grasses, or turf to grow up on such lot, parcel of land , or premises to a height exceeding ten inches . Notice of Violation was sent Certified Mail to the property owner and posted to the property on July 19, 2024 . Compliance Date: July 29, 2024 Notice of Hearing was sent to the property owner via Certified Mail and posted to the property on July 30, 2024 . Certified Mail Delivery Confirmation for Notice of Violation indicated no authorized recipient available on July 24 , 2024 at 10:46 a. m. and it was returned to the City and for Notice of Hearing item was delivered on August 1, 2024 at 10:20 a.m. to an individual. The second posting of the Notice of Violation because of postponing the first time around was posted to the property on August 13, 2024 with a revised hearing date of September 3, 2024 and the item was delivered August 15, 2024 at 11 :09 a.m. 5

Ms. Gilbert reviewed the photographs that were shown in the PowerPoint presentation provided and described the overgrowth seen on July 10, 18, and 22 , 2024 and on July 26 there was an attempt to cut it back; however, in a couple of days it was overgrown again . On July 29 , 2024 someone had come to clear the property at least 3-feet into the property line; except they forgot the front and the corner at the right-of-way. On August 12, 2024 there was still some overgrowth . On August 19, 2024 more work had been done. As of inspection today the overgrowth was removed and cleared the right-of way and sidewalk. Staff Recommendation - Case 24-519 The property is currently in compliance and the City is requesting a Declaration of Violation ; any future violations of this same ordinance within the next 5 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: M r. Gillette moved to find Case 24-519, property owner Patrick J Sedman & James C Rores, property address 600 Highland Avenue was in violation of the Dunedin Code of Ordinances 34-31 Environment: Excessive Growth of Weeds Grasses, or Turf after the compliance date of July 29, 2024 and is now in compliance and no fines are being imposed . This order serves as notice that 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 up a fine of up to $500 .00 per day. Second was made by Mr. Wielinski. Vice Chair Stone inquired and City Attorney Johnston suggested it was appropriate to name both owners even though one is deceased . VOTE: Motion carried with Ms. Caron , Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 5.d. Case 24-520 City vs PATRICK J SODMAN & JAMES C RORES 600 HIGHLAND AVENUE Violation of the Dunedin Code of Ordinances Section 34-32 Environment: Premises to be Kept Clean of Offensive Accumulation Violation of the Dunedin Code of Ordinances Section 34-1 (A)(C) Environment: Offensive Accumulation Case Summary Code Compliance Inspector Gilbert reviewed Case 24-520: The property is a single family home in the MF-15 Zoning District Duned in Code of Ordinances Section 34-1 (A) (C) - Offensive Accumulation (a) It shall be unlawful for any person to accumulate, leave, dump, or store openly on any premises with a residential zoning class ification any building materials, automobile tires, inoperable or derelict vehicles, and any and all other articles of personal property which 6

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. (c) Firewood may be stored on residential premises only for the use of the occupants and must be stored in a manner that will not afford harborage of rats or other health or nuisance conditions . Dunedin Code of Ordinances Section 34-32 Environment: Premises to be Kept Clean of Offensive Accumulation It shall be unlawful for the occupant or owner of any house, yard , store , lot or parcel of land, to refuse to keep the same clean , or to permit any trash , weeds or any offensive matter of any kind to accumulate in or upon such premises, and such accumulation shall be deemed to be a public nuisance. Code Inspector Gilbert advised this property has a record of squatters livi ng there who have now been evicted through the eviction process. She described the conditions of the property as shown in the photographs in the PowerPoint presentation : . As of July 10, 2024; July 15 , 2024, July 19 , 2024, July 29, 2024 , July 30 , 2024 there were personal property and articles belonging to the squatters and other items. She advised the squatters attempted to have a fire almost every night; however, were told to remove where that was. She noted some articles were taken away and then more appeared numerous times. On August 29, 2024 she was given permission by the owner to go on the property at any time to take photographs because he was in the hospital with his partner. She along with Code Compliance Supervisor Phillips went to the property and took more photographs that day and it was all cleaned up in the back. Notice of Hearing: was posted at the property on July 30 , 2024 and repost ed on August 13 , 2024 because of postponing from the previous month. Ms. Gilbert advised the Board of the health issues Mr. Sodman had during this time period when everything was happening at the home and he passed away on August 16 , 2024. His partner Mr. Rares did take preventative measures putting the names on the eviction process and went to the courts to have all those people taken out of the home. Board Discussion In response to the question from Vice Chair Stone regarding the issue of one of the property owners having passed away discussion ensued with City Attorney Johnston and Code Inspector Gilbert regarding the disposition of the property that is for sale and the realtor indicated they were fairly certain it would be sold by November. Also, Ms. Gilbert acknowledged that Mr. Rares was not present and that he does reside at the subject property. Mr. Wielinski confirmed with Ms. Gilbert that Mr. Rares is aware of the situation and the possible fines and that he just was not in a state to be present; he is aware and told if he comes into compliance a Declaration of Violation will be submitted and he should keep the property in compliance until it is sold. Ms . Gilbert noted the property is clean now, the grass is cut and the back yard is clear. Ms. Caron clarified with Ms . Gilbert the circumstances of the squatters being on the property, one person was invited in and then that person invites everyone, no one paid rent and were all different people. It was clarified that the living partner now owns the house and is responsible. Ms . Gilbert advised there were two neighbors present who wished to speak to the case. 7

Public Comment Rebecca Clark of 442 James Street #9 stated : She wanted to clarify some issues. Her kitchen looks straight down on the subject property that is not cleared and the squatters still remain. This has been going on for 5 years . They made their complaint in April and before that as well. There are 8 squatters which she described the unacceptable things they do in the yard ; that they are on drugs, collect things they leave in the yard ; they have a lengthy criminal history; she has watched them pull guns on her next door neighbor. They call 911 sometimes 3 to 4 times a day and this continues, not only for the overgrowth and junk still there, but the people. She does know the criminal history of two of the squatters. Vice Chair Stone explained the issues Ms . Clark was describing were not relevant to this case that is a question of fact in that the Code Inspector has testified the violations have been with the exception of one or two items cleaned up while she is saying that is not the case. He asked if she had any recent photographs which Ms . Clark said she did not. Ms . Caron inquired about the issue of the squatters and if the owners are allowing them to be there or is it something the police can be called to remove the squatters. Code Inspector Gilbert explained when it comes to squatters, if they are allowed or invited onto the property, they have to go through an eviction process which Mr. Rores did. The City is not the Sheriff's Department so , they cannot arrest or force people off of property. To the understanding of the City all the squatters were gone and if some have come back since then , she is not aware. Each time she has been to the property no one has been there. Vice Chair Stone reiterated the dispute of the facts in that the Inspector's testimony is that most of the violations of debris has been removed and Ms . Clark is saying that is not the case. Ms. Clark stated that is true that the Inspector's testimony is everything has been removed except for a surf board or kayak; however, if you go there right now everything has not been removed. She knows this for a fact. Vice Chair Stone explained the Board just wants the correct information before making a decision and had Ms . Clark brought recent photographs that would have made that easier. Ms. Clark explained she did not know she would be speaking today and was not prepared . She just wants the Board to know it is not cleared , she lives there and sees it. They did have the Sheriff's Department involved as well. She thinks there is code that says if a property has all this going on , criminally that something can be done; she thought it was a public nu isance that was spoken about. Vice Chair Stone acknowledged there is mechanism to certify certain properties as chronic violators; however, that is not going to happen here today. Ms. Clark noted the 911 calls since April and now it is September 3rd and it is still not cleaned up . Laura White of 559 Chicago Avenue was sworn in by Secretary to the Board Ms . McHale. She stated : Her house is on the garage side facing the subject property. She shares the concerns of Ms. Clark regarding this property and also was not planning to speak; however, she has two small children who she would be doing a disservice if she did not speak. 8

The squatters are still there; she also does not have photographs to share today; but wanted to share they are still there and are still spending the night there. She did want to clarify the squatters were evicted in 2021 by the owners and then the owners let them back in and now they have been evicted again in 2024 and yet they are still coming in and out. She wanted share the concern about this issue for their families and the concern for their safety. Board Questions Ms. Caron asked inquired why the Sheriff is not being called at night to remove these people from the property having been evicted , why are they still there. Ms. White stated they were evicted in 2021 and were let back in by the owners and now they are back in the property. They have called the Sheriff. At night she has not called because she does not see them go in , but she sees them go out in the morning. She is not up at all hours of the night to see them. Board Discussion Vice Chair Stone noted the testimony of the Code Inspector the property is in compliance; however, there is a person , a neighbor coming forward saying that is not the case. He asked if there is a question as to how this can be resolved . He stated to say the property is in compliance now and if the Inspector goes out tomorrow ... Ms. Gilbert stated for the City compliance is not being perfectly arranged and having patio furniture outside and so forth . It has been cleaned up in the back; there might be some items along the back half of the house, but as far as the accumulation of items seen in the photographs shown , there is nothing back there like that. She was just there and the photographs were very current. In terms of people coming in and out, she has not seen anyone which she acknowledged is not her jurisdiction as Vice Chair Stone pointed out. The grass is cut, she was by there this morning and the photographs show that. As long as the property is kept that way and she is in communication with the owner and the realtor; once the property is sold the house is probably going to be demolished and someone will build apartments or condos or townhomes, that is not known. Staff Recommendation - Case 24-520 The property is currently in compliance and the City is requesting a Declaration of Violation ; any future violations of this same ordinance within the next 5 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. Wielinski moved to find Case 24-520, property owner Patrick J Sodman & James C Rares, property address 600 Highland Avenue was in violation of the Dunedin Code of Ordinances Section 34-32 Environment: Premises to be Kept Clean of Offensive Accumulation and Violation of the Dunedin Code of Ordinances Section 34-1 (A)(C) Environment: Offensive Accumulation after the compliance date of July 29, 2024 as set forth in the City's Notice of Violation and is now in compliance and no fines are being imposed. This order serves as notice that any future violations of any of these same ord inances within five (5) years by the same property owner will be considered a Repeat Violation and subject to up a fine of up to $500.00 per day. Second was made by Ms . Caron . 9

VOTE: 6. OTHER BUSINESS Motion carried with Ms . Caron , Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 6.a. Recommendation of Candidates for Vacancies on Code Enforcement Board Discussion and Recommendation The Code Enforcement Board has three open positions; one regular member and two alternate members. Applicants have been invited to this meeting to meet the board and discuss their interest in serving on the Code Enforcement Board. Jaime Ballard of 1496 Patricia Avenue a resident since 2018 commented : She sat on the Pasco County Construction Board before moving to Dunedin. When she saw this position on social media she thought it would be a great opportunity to serve the City of Dunedin . This is very similar to the code enforcement in Pasco County and she is a licensed community association manager. The 2:00 p.m. on a weekday is not an issue, she is flexible and able to attend on Tuesday at 2:00 p.m. Lisa Hunt of 252 New York Avenue commented: She does not have experience on a civilian board ; however, she did as active duty Air Force. She has served other types of committees and raised her family in Dunedin and enjoys being part of the community. She works only two days a week as a substitute teacher in Dunedin schools so , availability for the meetings time is not a problem . Board Discussion Vice Chair Stone explained the process going forward is the Board does not make the appointment; they make the recommendation to the City Commission. His understanding is there are two positions pending and the Commissioners have not met in August and assumed they would take it up at their next meeting. Ms . McHale advised two positions were appointed this morning accepting the recommendations for Jeremy Reynolds and Walter Sweetser so they hopefully will be in attendance , at the October meeting. There are three more vacancies , one regular member and two alternates. She acknowledged she had not heard from Drew Patterson who she invited to the August meeting and to this meeting today and there has been no response. MOTION: Motion was made by Mr . Wielinski to recommend to the City Commission to approve Jaimie Ballard as Regular Member and Lisa Hunt as Alternate Member to fill the Code Enforcement Board positions. Second was made by Ms . Caron. VOTE: Motion carried with Ms. Caron , Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 6.b. Code Enforcement Board Member Comments - None 6.c. Attorney Comments - None 6.d. City Staff Comments - None 10

6.e. Announce the Next Meeting Vice Chair Stone announced the next Code Enforcement Board Meeting of October 1, 2024 at 2:00 p.m. ADJOURN Motion by Ms . Caron and seconded by Mr. Wielinski to adjourn passed unanimously. Meeting adjourned at 3: 15 P. M. NOTE: This meeting was recorded and those recordings are a part of the official file. Phil Stone, Vice Chair Dunedin Code Enforcement Board 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. 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. 11

PRESENT: ABSENT: Ci yo D ~ DI MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF SEPTEMBER 3, 2024 CITY HALL, 737 LOUDEN AVENUE, 2:00 P.M. CITY OF DUNEDIN Vice Chair Phil Stone, Jason Gillette, Sally Caron and Matthew Wielinski Members Dan Bolduc (Without Excuse) ALSO PRESENT: City Attorney Sarah Johnston, Secretary to the Board Joan McHale, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel , Maria Karp-Kirksey, Pinellas County Sheriff Deputy Bews and eleven 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 Opportunity for the Public to address the Board on any topic not on the agenda. George Craig of 65 Squire Court he has emailed the Board and tried to get some information on a neighbor who is currently in jail. All the neighbors on their block have witnessed a lot of drug dealing , violence and general nuisance at this person's property and now since being arrested and being in jail there are at least four squatters in her back yard. Vice Chair Stone explained to Mr. Craig the purpose of this Board and that they do not oversee the Code Enforcement staff. Mr. Craig explained the police told him to talk to this Board and that they have no electricity or water which he believed is a code enforcement issue. Vice Chair Stone suggested Mr. Craig give the documents he wished to submit to Code Compliance Supervisor Phillips as well as any other information and his contact information and names of any other neighbors who share his concern and they will follow up . 1. CONSENT AGENDA 1.a. Approve Draft Minutes to Code Enforcement Board Meeting of August 13, 2024. MOTION: Mr. Wielinski moved to approve the minutes of the regular meeting of August 13 , 2024. Second was made by Ms. Caron . VOTE: Motion carried with Ms . Caron , Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 2. TESTIMONY OATH OF STAFF AND PUBLIC Secretary to the Board McHale swore in City staff and all those wishing to provide testimony on any of today's agenda items. 3. AFFIDAVITS OF COMPLIANCE - None 1

4. OLD BUSINESS - None to Report 5. NEW BUSINESS 5a Case 24-372 City vs KAREN J WOLSTEIN 2468 BAYWOOD DR W Violation of the Dunedin Code of Ordinances Section 107-40 Lighting Violation of the Dunedin Code of Ordinances Section 107-40.1 (C) Applicability Case Summary Code Compliance Inspector Laurel reviewed Case 24-372: This property was in violation and is now in compliance; therefore, the City is requesting a Declaration of Violation . The property is a single family home in the R-60 Zoning District Dunedin Code of Ordinances Section 107-40 Lighting 107-40 - LIGHTING Purpose and findings : These provisions are intended to control the use of outdoor, artificial illuminating devices emitting rays into the night sky that may have a detrimental effect on the suburban atmosphere and astronomical observations that create glare . This section is intended to ensure that all new and existing developments construct, erect or maintain outdoor lighting that does not cast light directly on the property of another person in whole or in part, that is used residentially, commercially, or within areas proximate to Honeymoon Island where it may deter sea turtles from nesting . It is the intention of this section to: • Encourage good lighting practices such that lighting systems are designed to conserve energy and money; • Minimize glare; • Protect the use and enjoyment of surrounding property; • Increase nighttime safety, utility, and security; and • Minimize artificial light illumination of Honeymoon Island Beach areas where it may deter adult female turtles from nesting or lead to the disorientation of hatch lings. Dunedin Code of Ordinances Section 107-40.1 (C) Applicability (C) Fixtures shall be mounted in such a manner that the cone of light is primarily directed towards the earth's surface or otherwise fully shielded , such that lighting is contained onsite and do as not cross any property line of the site , nor with any portion of the light bulb or fixture being viewable from above , aside from the cone of light being created by the lighting fixture. Notice of Violation : The property and City Hall were posted and Certified Mail was sent on July 15, 2024. Compliance Date: July 25, 2024 Certified Mail Delivery Confirmation was received on July 20 , 2024 at 2:23 p.m . Notice of Hearing: The property and City Hall were posted on August 22, 2024 . An on line complaint with photos attached were received from the adjacent neighbor regard ing intrusive lighting on June 11 , 2024. She met with the property owner of the subject property regarding the lighting complaint on her property and advised how to come into compliance on June 20 , 2024. Code Compliance Supervisor Phillips and Deputy Dan Nocera 8:49 did a night inspection and verified no corrective action had been taken on June 27 , 2024 . 2

Since no corrective action had been taken the property was posted with a Notice of Violation on July 15 , 2024. Additional photos were received from the adjacent neighbor showing the lights were still in violation on August 21, 2024. Code Compliance Supervisor Phillips went to verify the adjacent neighbor's complaint and confirmed the lights were still in violation on August 22 , 2024. She drove to the location with Code Compliance Supervisor Phillips and Deputy Dan Nocera to do a final inspection and all lighting was brought into compliance on August 29, 2024. Inspector Laurel reviewed the photographs in the PowerPoint presentation provided and described the issues shown. Board Discussion Mr. Wielinski asked if any of the lights were security lights and Ms. Laurel advised the owner changed the lights to motion lights. He assumed and it was verified there were security lights with cameras. He clarified with Ms. Laurel the City could not tell a resident they could not have security cameras; they just need to be directed facing downward or shielded. Mr. Wielinski inquired about the decorative lamp post in the back and what kind of lights were used to resolve the issue. Ms . Laurel explained there were 3 separate lights attached to each lamppost and each had 75 watts; that was very high wattage which was now lowered and changed to purple so that it is not intrusive onto the neighbor's property inside their home. Ms. Caron asked if there is a wattage the City recommends for the type of lighting being discussed. Ms. Laurel explained the issue is being intrusive to the neighbor's property, the light has to stay on the property, face down or be shielded. Staff Recommendation Declaration of Violation and that any future violations of the same ordinance within the next 5 years by the same property owner will be considered a Repeat Violation and subject to a fine of up to $500.000 per day. MOTION: Mr. Wielinski moved to find Case 24-372 property owner Karen J. Wolstein, property address 2468 Baywood Drive W . was in violation after the requested compliance date of July 25, 2024 as set forth in the City's Notice of Violation of the Dunedin Code of Ordinances Section 107-40.1 (C) Applicability and is now in compliance and no fines are being imposed. This order serves as notice that 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 up a fine of up to $500.00 per day. Second was made by Mr. Gillette. VOTE: Motion carried with Ms. Caron, Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 5.b. Case 24-508 City vs ANN LOKEY 1775 BRIAR CIRCLE Violation of the Dunedin Code of Ordinances Section 34-1 Environment: Offensive Accumulation Case Summary Code Compliance Inspector Laurel reviewed Case 24-508: 3

The property is a single family home located in the R-60 zoning district. Dunedin Code of Ordinances Section 34-1 (A) - 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 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 : The property and City Hall were posted and Certified Mail was sent to the property owner on July 15, 2024. Compliance Date: August 16, 2024 Certified Mail Delivery Confirmation signed was received on July 20 , 2024 at 12:40 p.m. Notice of Hearing: The property and City Hall were posted on August 22, 2024 . A reinspection was done on August 22 , 2024 at which time a door hanger was left on the front door inquiring if Ms. Lokey needed help in removing these items and was told no by Ms. Lokey. There has been little change to the property and as of August 23 , 2024 there was some improvement, but still an accumulation of interior personal articles being stored outside. Today inspection indicated some improvement, but still an accumulation of interior personal articles being stored outside . Ms. Laurel reviewed the photographs that were shown in the PowerPoint presentation provided and described the various articles of interior articles being stored outside. Board Discussion Mr. Wielinski noted the concentration on the personal items being stored outside and asked about the yard art with the overgrown grass/weeds. Ms. Laurel advised the yard art is not included in this violation as the pots and plants are fine. Respondent Presentation Ann Lokey of 1775 Briar Circle, owner stated: She was embarrassed which she knew was not the intent here. She is working on it, there has been improvement and she needs more time. She is 78 years old and she is doing it herself. She was sure she could get this done with 60 days more time. She explained her health issues that allowed her to work only a certain amount of time before taking time to rest. Vice Chair Stone noted she was asked by a Code Inspector if she would need assistance and asked if she was still taking the position she could take care of it herself and Ms. Lokey responded she wants to make the decisions. Ms. Lokey noted her lawn mower was broken ; however, it has been cut several times since what was seen in the photographs, so that is not an issue. Vice Chair Stone explained that was not an issue before Board right now and it was noted she can keep the lawn art in front of the house. He explained the concern is the personal property on the porch and around the front entrance; Ms. Lokey stated she understood and needs to decide what goes where and some things have been donated and much has been thrown away. Staff Recommendation Requesting compliance on or before October 3, 2024 or given the severity of the violation is major a fine of $250 .00 per day the violation continues to exist. Code Compliance Supervisor Phillips advised the City did not object to 60 days if that is 4

what is needed for Ms. Lokey to remove the articles herself. Board Questions Ms. Caron asked about if after 30 days Ms. Lokey comes back and asked for assistance. Ms. Phillips advised staff has explained to Ms. Lokey what happens if there is not compliance in the time given and talked about fines , hiring someone to clear for her; they have had all those conversations; however, she wants the opportunity to do it herself. Ms. Lokey if given 60 days, she can come back at any time during that period to ask for assistance ; she noted though not on the 59th day. Mr . Wielinski asked if it would help if the City dropped off some additional dumpsters to her property that they can be on the normal pick up. Ms. Lokey stated at this point she did not think so, when it was clarified that it would be just extra of the regular size containers, she said that would be fine. Ms. Phillips explained that is a conversation Ms. Lokey would need to have with the Solid Waste Department because Code Compliance could not speak for that department. She did not think just several regular size containers would work for this. MOTION: Mr. Gillette moved to find Case 24-508, property owner Anne Lokey, property address 1775 Briar Circle in violation of the Dunedin Code of Ordinances Section 34-1 Environment: Offensive Accumulation and that the respondent shall come into compliance by November 3, 2024 or suffer a fine of $250.00 per day until compliance is met. Second was made by Mr. Wielinski. VOTE: Motion carried with Ms. Caron, Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 5.c. Case 24-519 City vs PATRICK J SODMAN & JAMES C RORES 600 HIGHLAND AVENUE Violation of the Dunedin Code of Ordinances Section 34-31 Environment: Excessive Growth of Weeds Grasses, or Turf Case Summary Code Compliance Inspector Gilbert reviewed Case 24-519 The property is a single family home in the MF-15 Zoning District Dunedin Code of Ordinances Section 34-31 Environment: Excessive Growth of Weeds Grasses, or Turf It shall be unlawful for any person who shall own, control , or occupy any lot, parcel of land or premises in city to allow weeds, grasses, or turf to grow up on such lot, parcel of land , or premises to a height exceeding ten inches . Notice of Violation was sent Certified Mail to the property owner and posted to the property on July 19, 2024 . Compliance Date: July 29, 2024 Notice of Hearing was sent to the property owner via Certified Mail and posted to the property on July 30, 2024 . Certified Mail Delivery Confirmation for Notice of Violation indicated no authorized recipient available on July 24 , 2024 at 10:46 a. m. and it was returned to the City and for Notice of Hearing item was delivered on August 1, 2024 at 10:20 a.m. to an individual. The second posting of the Notice of Violation because of postponing the first time around was posted to the property on August 13, 2024 with a revised hearing date of September 3, 2024 and the item was delivered August 15, 2024 at 11 :09 a.m. 5

Ms. Gilbert reviewed the photographs that were shown in the PowerPoint presentation provided and described the overgrowth seen on July 10, 18, and 22 , 2024 and on July 26 there was an attempt to cut it back; however, in a couple of days it was overgrown again . On July 29 , 2024 someone had come to clear the property at least 3-feet into the property line; except they forgot the front and the corner at the right-of-way. On August 12, 2024 there was still some overgrowth . On August 19, 2024 more work had been done. As of inspection today the overgrowth was removed and cleared the right-of way and sidewalk. Staff Recommendation - Case 24-519 The property is currently in compliance and the City is requesting a Declaration of Violation ; any future violations of this same ordinance within the next 5 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: M r. Gillette moved to find Case 24-519, property owner Patrick J Sedman & James C Rores, property address 600 Highland Avenue was in violation of the Dunedin Code of Ordinances 34-31 Environment: Excessive Growth of Weeds Grasses, or Turf after the compliance date of July 29, 2024 and is now in compliance and no fines are being imposed . This order serves as notice that 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 up a fine of up to $500 .00 per day. Second was made by Mr. Wielinski. Vice Chair Stone inquired and City Attorney Johnston suggested it was appropriate to name both owners even though one is deceased . VOTE: Motion carried with Ms. Caron , Messrs. Gillette, Wielinski and Vice Chair Stone voting aye. Voting nay, none. 5.d. Case 24-520 City vs PATRICK J SODMAN & JAMES C RORES 600 HIGHLAND AVENUE Violation of the Dunedin Code of Ordinances Section 34-32 Environment: Premises to be Kept Clean of Offensive Accumulation Violation of the Dunedin Code of Ordinances Section 34-1 (A)(C) Environment: Offensive Accumulation Case Summary Code Compliance Inspector Gilbert reviewed Case 24-520: The property is a single family home in the MF-15 Zoning District Duned in Code of Ordinances Section 34-1 (A) (C) - Offensive Accumulation (a) It shall be unlawful for any person to accumulate, leave, dump, or store openly on any premises with a residential zoning class ification any building materials, automobile tires, inoperable or derelict vehicles, and any and all other articles of personal property which 6

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. (c) Firewood may be stored on residential premises only for the use of the occupants and must be stored in a manner that will not afford harborage of rats or other health or nuisance conditions . Dunedin Code of Ordinances Section 34-32 Environment: Premises to be Kept Clean of Offensive Accumulation It shall be unlawful for the occupant or owner of any house, yard , store , lot or parcel of land, to refuse to keep the same clean , or to permit any trash , weeds or any offensive matter of any kind to accumulate in or upon such premises, and such accumulation shall be deemed to be a public nuisance. Code Inspector Gilbert advised this property has a record of squatters livi ng there who have now been evicted through the eviction process. She described the conditions of the property as shown in the photographs in the PowerPoint presentation : . As of July 10, 2024; July 15 , 2024, July 19 , 2024, July 29, 2024 , July 30 , 2024 there were personal property and articles belonging to the squatters and other items. She advised the squatters attempted to have a fire almost every night; however, were told to remove where that was. She noted some articles were taken away and then more appeared numerous times. On August 29, 2024 she was given permission by the owner to go on the property at any time to take photographs because he was in the hospital with his partner. She along with Code Compliance Supervisor Phillips went to the property and took more photographs that day and it was all cleaned up in the back. Notice of Hearing: was posted at the property on July 30 , 2024 and repost ed on August 13 , 2024 because of postponing from the previous month. Ms. Gilbert advised the Board of the health issues Mr. Sodman had during this time period when everything was happening at the home and he passed away on August 16 , 2024. His partner Mr. Rares did take preventative measures putting the names on the eviction process and went to the courts to have all those people taken out of the home. Board Discussion In response to the question from Vice Chair Stone regarding the issue of one of the property owners having passed away discussion ensued with City Attorney Johnston and Code Inspector Gilbert regarding the disposition of the property that is for sale and the realtor indicated they were fairly certain it would be sold by November. Also, Ms. Gilbert acknowledged that Mr. Rares was not present and that he does reside at the subject property. Mr. Wielinski confirmed with Ms. Gilbert that Mr. Rares is aware of the situation and the possible fines and that he just was not in a state to be present; he is aware and told if he comes into compliance a Declaration of Violation will be submitted and he should keep the property in compliance until it is sold. Ms . Gilbert noted the property is clean now, the grass is cut and the back yard is clear. Ms. Caron clarified with Ms . Gilbert the circumstances of the squatters being on the property, one person was invited in and then that person invites everyone, no one paid rent and were all different people. It was clarified that the living partner now owns the house and is responsible. Ms . Gilbert advised there were two neighbors present who wished to speak to the case. 7

Public Comment Rebecca Clark of 442 James Street #9 stated : She wanted to clarify some issues. Her kitchen looks straight down on the subject property that is not cleared and the squatters still remain. This has been going on for 5 years . They made their complaint in April and before that as well. There are 8 squatters which she described the unacceptable things they do in the yard ; that they are on drugs, collect things they leave in the yard ; they have a lengthy criminal history; she has watched them pull guns on her next door neighbor. They call 911 sometimes 3 to 4 times a day and this continues, not only for the overgrowth and junk still there, but the people. She does know the criminal history of two of the squatters. Vice Chair Stone explained the issues Ms . Clark was describing were not relevant to this case that is a question of fact in that the Code Inspector has testified the violations have been with the exception of one or two items cleaned up while she is saying that is not the case. He asked if she had any recent photographs which Ms . Clark said she did not. Ms . Caron inquired about the issue of the squatters and if the owners are allowing them to be there or is it something the police can be called to remove the squatters. Code Inspector Gilbert explained when it comes to squatters, if they are allowed or invited onto the property, they have to go through an eviction process which Mr. Rores did. The City is not the Sheriff's Department so , they cannot arrest or force people off of property. To the understanding of the City all the squatters were gone and if some have come back since then , she is not aware. Each time she has been to the property no one has been there. Vice Chair Stone reiterated the dispute of the facts in that the Inspector's testimony is that most of the violations of debris has been removed and Ms . Clark is saying that is not the case. Ms. Clark stated that is true that the Inspector's testimony is everything has been removed except for a surf board or kayak; however, if you go there right now everything has not been removed. She knows this for a fact. Vice Chair Stone explained the Board just wants the correct information before making a decision and had Ms . Clark brought recent photographs that would have made that easier. Ms. Clark explained she did not know she would be speaking today and was not prepared . She just wants the Board to know it is not cleared , she lives there and sees it. They did have the Sheriff's Department involved as well. She thinks there is code that says if a property has all this going on , criminally that something can be done; she thought it was a public nu isance that was spoken about. Vice Chair Stone acknowledged there is mechanism to certify certain properties as chronic violators; however, that is not going to happen here today. Ms. Clark noted the 911 calls since April and now it is September 3rd and it is still not cleaned up . Laura White of 559 Chicago Avenue was sworn in by Secretary to the Board Ms . McHale. She stated : Her house is on the garage side facing the subject property. She shares the concerns of Ms. Clark regarding this property and also was not planning to speak; however, she has two small children who she would be doing a disservice if she did not speak. 8

The squatters are still there; she also does not have photographs to share today; but wanted to share they are still there and are still spending the night there. She did want to clarify the squatters were evicted in 2021 by the owners and then the owners let them back in and now they have been evicted again in 2024 and yet they are s