Code Enforcement Board

DUN~ DIN Home of Honeymoon Island MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF DECEMBER 5, 2023 CITY HALL, 737 LOUDEN AVENUE, 2:00 PM CITY OF DUNEDIN PRESENT: Chair Ken Carson , Vice Chair Phil Stone, Members Dave Pauley, Bunny Dutton, Jason Gillette, Victoria Butler, and Alternate Member Sally Caron ABSENT: Regular Member Daniel Bolduc ALSO PRESENT: Assistant City Attorney Isabella Sobel , Code Board Clerk Tina Geyer, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Pinellas County Sheriff Deputy Bews and fourteen attendees . CALL TO ORDER Chair Carson called the meeting to order at 2:14 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 on any issue not on the agenda. 1. CONSENT AGENDA 1.a. Approval of Draft Minutes for the November 7, 2023 Code Enforcement Board Meeting MOTION: Mr. Pauley moved to approve the minutes of the regular meeting of November 7, 2023. Second was made by Mr. Gillette. VOTE: Motion carried unanimously. 2. TESTIMONY OATH OF STAFF AND PUBLIC Swearing in of all staff and public who wished to provide testimony. Ms. Geyer swore in Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert and all others wishing to speak. 3. AFFIDAVITS OF COMPLIANCE - None to Report 4. OLD BUSINESS 4.a. Case 23-1465 City vs YCZ 2019 LLC 1412 San Mateo Dr (MG) Violation of the Florida Building Code Section 105.1 Building Permit Required Chair Carson determined the respondent and no one else was present for th is case. 1

Regular Meeting December 5, 2023 Case Summary Dunedin Code Enforcement Board Code Inspector Gilbert advised in Case 23-1465 because the property owner lives out of state she is requesting to extend the compliance date to December 16, 2023. In response to Attorney Sobel, she acknowledged that she has communicated with the respondent as to the extended compliance date and noted this is the second time the respondent made the request. The City has no objection . MOTION: Vice Chair Stone moved to find Case No. 23-1465 property owner YCZ 2019 LLC , property address 1412 San Mateo Drive to extend the compliance date to December 16, 2023 . Second was made by Ms. Butler. VOTE: Motion carried with Ms. Dutton , Ms. Caron , Ms. Butler, Messrs. Pauley, Gillette, Stone, and Chair Carson voting aye. Voting nay, none. Chair Carson noted the motion passed. 4.b. Case 23-1307 City vs Brincklow, Richard 620 San Salvador Dr (MG) Violation of the Florida Building Code Section 105.1 Building Permit Required Chair Carson determined the respondent and no one else was present for this case. Case Summary Code Inspector Gilbert reviewed Case 23-1307: To date the last correspondence with the respondent was at the last hearing. She walked with them to the Building Department to obtain the appropriate paperwork required. Since then they have submitted items to be addressed per the Plans Reviewer. They have not responded to those items to be addressed to date; therefore, they are not in compliance. The respondent was given an extended compliance date of November 6, 2023. She has not done an inspection; she has items to be addressed that were emailed to the homeowner because they were doing it as an owner/builder on November 7, 2023 , the day after they submitted which was late on the date of compliance . The submission was reviewed by the Plans Examiner and he sent back 5 items not currently addressed . Nothing further has been received from or heard from the respondent. She acknowledged Notice of Hearing was sent Certified Mail to the respondent at 620 San Salvador Drive on October 10, 2023. An Affidavit of Non-Compliance has been prepared , but not submitted . Staff Recommendation The staff recommendation is to accept the Affidavit of Non-Compliance. Attorney Sobel verified that would impose the $100 .00 per day fine beginning November 7, 2023. 2

Regular Meeting December 5, 2023 Dunedin Code Enforcement Board Attorney Sobel verified in determining the $100 .00 per day fine taken into consideration was the gravity of the violation, previous violations committed by the violator as well as actions taken by the violator to remedy the violations. MOTION: Vice Chair Stone moved to find Case No. 23-1307 property located at 620 San Salvador Drive, property owner Richard Brincklow was in violation of the Florida Building Code Section 105.1 Permits Required after the requested compliance date of November 6, 2023 and to accept the Affidavit of Non-Compliance. Second was made by Ms. Dutton. VOTE: Motion carried with Ms. Dutton, Ms. Caron , Ms. Butler, Messrs. Pauley, Gillette, Stone, and Chair Carson voting aye. Voting nay, none . Chair Carson noted the motion passed . 5. NEW BUSINESS 5.a. Case 23-1585 City vs MRM Family Trust Martin Albert Weis TRE 68 Nichols Dr (JP) Violation of the Dunedin Code of Ordinances Section 34-1 (a) Offensive Accumulation Violation of the Land Development Code Section 105-27.1.1.1(f) Utility Trailers, Boats, RVs and other Recreational Equipment Standards Violation of the LDC Section 105-27.1.1.1 (h) Front Yard Standards Vice Chair Carson determined there was a representative present for this case. Case Summary Code Compliance Supervisor Phillips reviewed Case No. 23-1585 : The property is a single family home in the R-60 Zoning District Violation of the Land Development Code Section 105-27.1 . 1.1 (f) Utility Trailers, Boats, RVs and other Recreational Equipment Standards 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 (g). 5). No utility trailers , boats or other recreational equipment and recreational vehicle shall be located between the minimum setbacks established in Chapter 103 - Zoning unless screened by a 6' privacy fence. 7). It shall be unlawful for any utility trailers, boats, recreational vehicle or other recreational equipment to be on any street or right-of-way abutting residentially zoned lots or parcels of property unless actual loading or unloading is taking place. Land Development Code Section 105-27.1.1(h) Front Yard Restrictions 1). Front yard restrictions . (vi) . For additional front yard parking , residents may improve up to a nine-foot wide area 3

Regular Meeting December 5, 2023 Dunedin Code Enforcement Board adjacent to the primary driveway. Parking in any other part of the front yard is prohibited. Violation of the Dunedin Code of Ordinances Section 34-1 (a) Offensive Accumulation Sec. 34-1 (a). 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 October 4, 2023. Compliance Date: October 14, 2023 Certified Mail Delivery Confirmation was received on October 10, 2023. Notice of Hearing was posted at the property on November 21 , 2023 and a copy was hand delivered to the owner at 2419 Summerwood Court, Dunedin. Her first inspection at 68 Nichols Drive was on October 2, 2023 and observed a large vehicle parked in the front yard; a boat parked in the front yard and also building material, a large water container and a stack of papers. A trailer was stored in the street by the tenant who runs some sort of paver business, not licensed in Dunedin ; however, says he does have a business at 400 Labow Street, Clearwater and is continually bringing these items to this residence. On October 27, 2023 she observed again grass parking, the trailer was still located in the street full of dirt and looked almost like it broke down in the street. There was still a vehicle parked in the front yard . On November 1, 2023 there was another trailer parked in the street in front of the residence , not hooked to a vehicle. On November 13 , 2023 a large vehicle was parked in the grass with a trailer attached with a large water container. On November 20, 2023 another vehicle was parked in the grass. On November 21 , 2023 two vehicles were parked in the grass and a trailer parked in front of the property. She did speak with the tenant and asked him why he continually brings these back after three conversations; the gentleman is very nice; however, every time he says they won 't come back and they still come back. On November 22 , 2023 , again there was grass parking and still chlorine stored in front of the house. On November 27, 2023 again grass parking and the chlorine jugs in front and a trailer parked in the driveway. On November 28 , 2023 there was a larger trailer which looked like there was a front loader parked in the front yard. In addition there was a van parked in the front yard and a truck parked partially in the grass. There was another trailer parked in front of the house which looked like a pressure washing company. On November 29, 2023 the trailer again was in the driveway. On November 30 , 2023 there was a trailer parked in the driveway and the owner of the vehicle , the vehicle and the trailer were parked partially in the street. There were 4

Regular Meeting December 5, 2023 Dunedin Code Enforcement Board also some tires that recently showed up left in the driveway. On December 1, 2023 there were building materials, a chlorine jug and now a large TV stored in front of the house next to the address, a pressure sprayers, tires and an ATV. On December 4, 2023 there were the same items as on December 2 nd and in addition buckets and hoses strewn in the front yard. On December 5, 2023 none of the items were removed and in addition pallets in the front yard with cement blocks. Staff Recommendation Requesting compliance of the three violations on this property on or before January 5, 2024 or a fine of $150. 00 per day per violation that the violations continue to exist. Potentially $450.00 per day. Ms. Phillips advised she spoke with the owner when he came into the room today and he said he gave the tenant eviction papers indicating the tenant is to be out by the 15th and that is why she is recommending the 30 days in case that is postponed . Ms. Phillips advised there were two neighbors present who wished to speak for the group of neighbors present. Chair Carson noted the agenda only lists two violations. Respondent Presentation Martin Albert Weis TRE stated : He wanted apologize to anyone who lives on the street. The tenant paid months in advance and he did not even know he was paver; he just said he was starting a business and he thought it was a computer business. Every time he received a notice he told the tenant to get everything out; he did not know. They are a nice family. His wife signed for the certified letter on her way to the hospital for surgery and he never knew about it. He wants the tenant out anyway, even if he cleaned it up in a few weeks he would probably go back to his old ways. He suggested the tenant rent a place in Tarpon Springs to put all his things and he said he would, but it never happened. He hired a lawyer who sent a letter for the tenant to be out by the 15th and he confirmed this morning he had found a place and they are moving . He explained to the tenant if he was not out by the 15 th that on that day an eviction notice would be filed in Pinellas County. It will not happen again, because he will do background and credit checks and inspect the house. He has learned a lot from this case, he never had anything like this before. He does not blame the neighbors for complaining . City Witnesses Linda Hamlec of 68 New Jersey Drive noted she lives around the corner from the subject property. She thanked Ms. Phillips for the work she has done responding to the calls from neighbors. She expressed the disrespect this tenant has had for all the neighbors; he started parking his equipment not only on Nichols, but all the way up New Jersey Drive; he is conducting business off the street, a violation in itself. His work vehicles are parked all over the neighborhood; his workers are parked off of Cedar, they go a whole block to 5

Regular Meeting December 5, 2023 Dunedin Code Enforcement Board the house. His pit bull which she has on video runs loose at night around midnight. He has run over their sprinkler heads numerous times; they had to replace at $25 to $30 each time. She noted that kind of mess brings down property values. Mr. Pauley inquired how long this situation has been ongoing and Ms. Hamlec stated it has been many months, on and off for two or three years and he has been notified by neighbors asking him to get things off the street. Karen Riegle of 88 Nichols Drive stated she has contacted the City for years and sent photographs and nothing happened . There was a motor home parked there for 30 days; detached trailers all the time for years . There was no mention made of all the stains on the driveway and in the street an indication of how the equipment is left for days and weeks at a time. There is concern for what chemicals are going into the lawn. In the last month or so Ms. Phillips has become the hero of the neighborhood. The detached trailers impede traffic and they had semi-emergency last night and they did not come down Nichols. Attorney Sobel and Ms . Phillips discussed the status of the violations and Ms. Phillips advised she was willing to submit a Declaration of Violation for the first two violations, and 30 days for Offensive Accumulation . Attorney Sobel explained her concern was to not assess a fine for the sections that are not in violation today. MOTION: Ms. Butler moved to find Case No. 23-1585, property owner MRM Family Trust, Martin Albert Weis TRE, property address 68 Nichols Drive in violation of the Dunedin Code of Ordinances Section 34-1 (a) Offensive Accumulation and that the Respondent shall come into compliance by January 5, 2024 or suffer a fine of $150.00 per day thereafter until compliance. Second was made by Ms. Dutton . VOTE: Motion carried with Ms. Butler, Ms. Dutton Ms. Caron , Messrs. Pauley, Gillette, Stone and Chair Carson voting aye. Voting nay, none. Chair Carson reviewed the Finding and Order of the Board . MOTION: Vice Chair Stone moved to find Case No. 23-1585 , property owner MRM Family Trust, Martin Albert Weis TRE, property address 68 Nichols Drive was in violation of the Land Development Code Section 105- 27 .1.1.1(f), subparagraphs 1, 5, & 7 Utility Trailers , Boats, RVs and other Recreational Equipment Standards and the Land Development Code Section 105-27.1.1.1 (h) Front Yard Restrictions 1)(vi) after the Compliance Date of October 14, 2023 and is now in compliance. Any future violations of any of these same ordinances within five (5) years by the same property owner will be considered a Repeat Violation and subject to up to a $500.00 per day fine . Second was made by Mr. Gillette. VOTE: Motion carried 6 - 1 with Ms. Butler, Ms. Dutton Ms. Caron, Messrs. Gillette, Stone and Chair Carson voting aye. Voting nay, Mr. Pauley. Chair Carson reviewed the Finding and Order of the Board. 6. OTHER BUSINESS 6 ••

I . • Regular Meeting December 5, 2023 Dunedin Code Enforcement Board 6.a. Discussion and Recommendation of Alternate Code Enforcement Board Member Chair Carson invited the applicant present to come forward. Matthew Wielinski stated that he and his wife moved to Dunedin in 1995 and raised their children in Dunedin . His profession is a Class A Contractor and he has been building in this area and throughout Florida for the past 35 to 40 years . He was on the Dunedin Local Planning Agency for 14 years and was termed out last December. Prior to that he spent about 2 years on the Compliance Plan Review Board which was discontinued he recalled in 2008 . He is looking for something else to do for the city volunteering his time. This looked like the right spot. When Chair Carson asked if he was aware of the meeting time of 2:00 p.m. which has been a problem for some other applicants, Mr. Wielinski acknowledged that he understood and while he is still working that it is fine with him. Mr. Pauley commented that he worked with Mr. Wielinski on the LPA and he thought him to be a very conscientious and fair minded individual and would do a good job for the Board. Board Discussion Discussion ensued regarding the applicants being invited to attend this meeting and that Mr. Wielinski was the only applicant present. Vice Chair Stone clarified that some of the applicants have been on the list multiple times in the past and have never come to a meeting even though the invitation is extended. Chair Carson explained if the Board wanted to recommend Mr. Wielinski today it would then go before the City Commission for approval. MOTION: Mr. Pauley moved to recommend appointment of Matthew Wielinski for the position of Alternate Member to the Code Enforcement Board . Second was made by Ms. Dutton . VOTE: Motion carried unanimously. 6.b. Set next meeting date of January 2, 2024 for the Code Enforcement Board Chair Carson announced the next Code Enforcement Meeting of January 2, 2024 at 2:00 p.m. 6.c. Attorney Comments - None 6.d. City Staff Comments - None 6.e. Board Comments - None ADJOURN Meeting adjourned at 3:07 P. M. NOTE: Ken Carson , Chair Dunedin Code Enforcement Board 7

1 NOTICE OF PUBLIC MEETING CODE ENFORCEMENT BOARD City Hall, 737 Louden Avenue DECEMBER 05, 2023 2:00 PM AGENDA CALL TO ORDER CITIZEN INPUT Opportunity for the Public to address the Board 1. CONSENT AGENDA 1.a. Approve draft minutes to Code Enforcement Board Meeting of 11/7/23 Approval EXHIBIT: CEB Minutes 11-7-23.pdf 2. TESTIMONY OATH OF STAFF AND PUBLIC Swearing in of all staff and public who wish to provide testimony 3. AFFIDAVITS OF COMPLIANCE 4. OLD BUSINESS 4.a. Case 23-1465 City vs YCZ 2019 LLC 1412 San Mateo Dr (MG) Violation of the FBC Section 105.1 Building Permit Required Discussion EXHIBIT: OB 23-1465.pdf 4.b. Case 23-1307 City vs Brincklow, Richard 620 San Salvador Dr (MG) Violation of the FBC Section 105.1 Building Permit Required Discussion EXHIBIT: OB 23-1307.pdf

2 5. NEW BUSINESS 5.a. Case 23-1585 City vs MRM Family Trust Martin Albert Weis TRE 68 Nichols Dr (JP) Violation of the DCO Section 34-1(a) Offensive Accumulation Violation of the LDC Section 105-27.1.1.1(f) Utility Trailers, Boats, RVs and other Recreational Equipment Standards Discussion EXHIBIT: NB 23-1585.pdf 6. OTHER BUSINESS 6.a. Discussion and Recommendation of alternate Code Enforcement Board Member Recommend alternate member EXHIBIT: CEB Applicant Packet.pdf 6.b. Set next meeting date of January 2, 2024 Set next meeting date 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.