Code Enforcement Board

DUN~ DIN Home of Honeymoon Island MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF OCTOBER 3, 2023 CITY HALL, 737 LOUDEN AVENUE, 2:00 PM CITY OF DUNEDIN PRESENT: Chair Ken Carson, Vice Chair Phil Stone ; Members Dave Pauley, Victoria Butler and Dan Bolduc ABSENT: With Excuse - Members Bunny Dutton, Sally Caron and Jason Gillette ALSO PRESENT: City Attorney Hillary Ryan , Secretary to the Board Joan McHale, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Pinellas County Sheriff Deputy Lundh and four attendees. CALL TO ORDER Chair Carson 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 September 5, 2023 Code Enforcement Board Meeting MOTION: Mr. Pauley moved to approve the minutes of the regular meeting of May 2, 2023. Second was made by Vice Chair Stone. VOTE: Motion carried unanimously. 2. TESTIMONY OATH OF STAFF AND PUBLIC Ms. McHale swore in Code Compliance Supervisor Julie Phillips , Code Compliance Inspector Michelle Gilbert, and all others wishing to speak. 3. AFFIDAVITS OF COMPLIANCE - None 4. OLD BUSINESS 4.a. Case 22-631 City vs STEVEN STENTZ 591 BAYWOOD DRIVE N Violation of the Dunedin Code of Ordinances Section 105-30.6(A) Public Safety Code Compliance Supervisor Phillips advised this case has been withdrawn from today's hearing; staff will be moving forward with the case on November 7, 2023. City Attorney Ryan advised no further action was necessary to postpone the case. 5. NEW BUSINESS 5.a. Case 23-1307 City vs RICHARD BRINCKLOW 1

Regular Meeting October 3, 2023 620 SAN SALVADOR DRIVE Dunedin Code Enforcement Board Violation of the Florida Building Code Section 105.1 Permit Required Vice Chair Carson determined there was a representative present for this case. Code Compliance Inspector Gilbert reviewed Case No . 23-1307: Case Summary The property is in the R-60 Zoning District and is occupied by the owner. Florida Building Code Section 105.1 Permits Required Any Owner or authorized agent who intends to construct, enlarge , alter, repair, move, demolish , or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical , gas, mechanical , or plumbing system , the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain a required permit. This is to include, but not limited to the unpermitted renovation at the back of the home, the unpermitted shed and the unpermitted tree removal. Notice of Violation: Was sent Certified Mail to the property owner and was posted to the property on June 21 , 2023. Compliance Date: July 21 , 2023 giving the owner 30 days to apply for the permit. Notice of Violation was delivered on June 24 , 2023 at 11 : 19 a.m. and the Notice of Heari ng was delivered September 9, 2023 at 11 :46 a.m. ; both were signed for. Notice of Hearing: Was posted to the property on September 6, 2023. Photographs submitted depict the back of the house where the work was being done as a result of a complaint received. New plywood was put up and the unpermitted shed is shown in the photograph. Building materials and a new door can be seen and the tools and a window. The tree that was removed per the City Arborist was a Sabal Palm which requires a permit and there is a fine associated with the removal. There was a Stop Work Order and Ms . Gilbert had to return to the house to post it even after speaking to the owner because work continued without a permit. The owner submitted a Permit Application 23 -2972 on July 26 , 2023 stating it was a replacement of a 12-foot section of siding . Plans Review was performed with items to be addressed from the Chief Building Inspector on July 27 , 2023 noting work description was not accurate and will need signed and sealed plans for all work performed ; photos from Code Compliance show new walls built with plywood, please provide before and proposed layout showing location of work to be done; will need all Florida approved product approval numbers and specs; describe all work being done. To date the owner has not submitted the requested documents. Permit Technician emailed the owner on 7/31/23 with the requests from the Chief Building Inspector. Per the City Arborist, they need to file for a tree removal permit that has a $25 .00 fee. The fine for the removal of the Sabal Palm - 14 inches by $20.00 per inch equals $280 .00 X 2 is $560.00 for the fine or the homeowner can plant a new Sabal Palm with the minimum clear trunk of 8 feet. Staff Recommendation 2

Regular Meeting October 3, 2023 Dunedin Code Enforcement Board Requesting compliance on or before October 17, 2023 or a fine of $250.00 per day the violation continues to exist. Respondent Comment Kimberly Brincklow of 620 San Salvador Drive commented : Regarding the tree it was not a Sabal Palm. They hired a tree person to cut it down who said it did not need a permit, it was a Mexican Palm. When Ms. Gilbert came the tree was already gone, but the stump remained. They went on their tree surgeon's advice who said he did not need a permit, though he will need it for the Oak tree they hope to have cut down so, he will be back. The window in the front of the house was never getting put in; it is still there. Nathan Brincklow of 620 San Salvador Drive stated: The window was for a customer of his who said they did not want that style window and it was too late to return it so , he listed it on Facebook. For the room he was only trying to replace the siding and he had to patch some of the plywood because of water damage. Whi le he was there he did decide to replace the door; he was not aware he needed a permit and when he applied they said the request was inadequate because it did not follow that he was just doing the siding , that the whole room was redone . He did not work with most of the plywood and steps they were still there. He can provide the Florida Code for the siding. Regarding the Stop Work Order, he did finish it because of the hurricane; it was just tie-backed until he heard the hurricane was coming and he decided to finish the siding so there was not more damage from the water. Questions by the Board Vice Chair Stone asked what was the nature of Mr. Brincklow's business and he explained he owns a pressure washing company, but he also has a pro number at Home Depot and they just wanted to purchase through him for the discount and they were goi ng to have his window person put it in . Mr. Brincklow acknowledged the window was not intended to be installed at this property. Mr. Brincklow explained the shed has been there for 1½ to 2 years or more. When he called the City, his understanding was that as long as it was under 1Ox10 (it is 8x10) it did not need a permit as long as it was premade and did not need a foundation poured , so he went ahead with it. Vice Chair Stone inquired regarding the requirements for the permits for sheds. Chief Building Inspector Chuck Pitt explained any shed that you can step into requires a building permit. Mr. Bolduc asked for the Code to be read regarding sheds. Mr. Pitt explained in Pinellas County it is 100 square feet or less; however, in the City of Dunedin it is any shed you can step into. Vice Chair Stone asked if there was any further communication with the owner or the son after they were told the permit application submitted was insufficient. Ms. Gilbert stated no one called or came to the office, they dealt only with the Permit Technician who emailed the requirements after the review process. 3

Regular Meeting October 3, 2023 Dunedin Code Enforcement Board Mr. Bolduc clarified with Mr. Brincklow that he is not a licensed contractor, but he was doing the work and does live at the residence and his dad, the owner was there helping and overseeing the work. Also, he verified with Mr. Brincklow he was saying he was only replacing the siding and that all the joists and everything were already in existence, and due to water damage, he just pulled the siding off the 2x4's and explained how he replaced and repaired it; there was nothing structurally changed. Vice Chair Stone clarified with Ms . Gilbert that for compliance, the permit has to be obtained after submitting the signed and sealed plans for the work that was done. When materials are removed from a structure, architectural drawings are required. She has a copy of the email. Ms. Gilbert reiterated for compliance they have to obtain the permit and have the required inspections. When Vice Chair Stone asked if the time recommended was considered reasonable, Ms. Gilbert noted this has been ongoing since June 2021; if they need an extension they can make that request and the City will work with them. Ms. Butler asked if the homeowner really knows what is being asked of them . Mr. Brincklow stated he thought the City wanted the Florida Products Approval Numbers which they can provide for the siding and the tiebacks. They applied for the permit and it was denied for he thought "inadequate request" he recalled. Ms. Butler stated her understanding the City disputed that the work requested was the work he was actually doing. Mr. Brincklow stated that was correct and if they need architectural drawings for replacing siding, he can get those as well. - Mr. Bolduc asked if a licensed contractor is required for these permits and Mr. Pitt stated he can do an owner/builder permit. Chair Carson asked if they understood what was needed and Mr. Brincklow responded , yes, the Florida numbers and reapply for the building permit under the owner/builder. Mr. Pitt explained the City needs signed and sealed plans from a design professional for the walls he put up, the shed and any Florida Product Approvals for the door, siding and so forth, the roof material for the shed and all that needs to be turned in. Ms. Brincklow questioned about the shed that is not a special building, just a metal shed and Mr. Pitt explained it needs to meet the requirements for 145 mph winds and a design professional architect or engineer to draw plans. Mr. Bolduc suggested providing the information for the requirements for the shed to the owners and where it can be found. Mr. Brincklow explained he looked up the Code and his understanding is it just said a pre- made shed and if it was above 9-feet tall then it had to be 7.5 feet away from the property line; if under that and also under 100 square feet it had to be within 1 to 2 feet from the property line. When Mr. Pauley commented regarding the shed needs to be anchored properly, Mr. Pitt advised that is correct and that would be in the plans. Chair Carson asked if they started today, how long would it take. Mr. Pitt could not say about getting a design professional; however, a permit with the proper paperwork is less than 5 days. 4

Regular Meeting October 3, 2023 Dunedin Code Enforcement Board In response to inquiries from Board Members and City Attorney Ryan, Ms. Gilbert explained the Permit Technicians provide all the information needed when a resident applies for a permit; it might have already been provided. Attorney Ryan verified with Ms. Brincklow and Mr. Brincklow they had not been provided the information regarding the shed; when they applied for the permit they did not know the shed was involved or a problem until they were notified and then they applied for it, but they were told they needed plans even though it was a pre-built shed. Ms. Gilbert noted where the shed was purchased they do have packages they can provide or they can be found on line. Chief Building Inspector Pitt verified it is a pre-build shed that came in a package and from what he was reading they needed to provide the permit fee and two copies of the plans for the permit. Ms. Gilbert stated if they feel they need an extension they should provide the City with a date and they will work with them. They will have to talk with City Arborist Wilson regarding the tree. City Attorney Ryan clarified with Inspector Gilbert that her testimony is the City Arborist did see the tree that was removed and identified it as a Sabal Palm. Ms. Brincklow commented the tree was much too close to the house and had to come down. City Attorney Ryan advised the Board when considering the fine to consider the gravity of the offense, what they have done to mitigate it and whether or not they have had prior violations for these types matters. Also, as Vice Chair SJorie is noting to consider the date for compliance, not just the date to get the process started , but while the City will work with them in the permitting process; they would have to come back for a hearing if it became necessary to move the compliance date again. She would like for the Board to consider a reasonable date for compliance up front. When Vice Chair Stone asked if November 6 was a reasonable date, Ms. Brincklow stated they will try to make that work. Ms. Gilbert advised that means the permit has to be approved and issued. Mr. Brincklow clarified that is a permit of the tree and the shed as well as the siding. He thought the November 6 date to be reasonable. MOTION: Mr. Bolduc moved to find Case No. 23-1307 property owner Richard Brincklow, property address 620 San Salvador Drive in violation of the Florida Building Code Section 105.1 Permits Required and that the Respondent shall come into compliance by November 6, 2023 or suffer a fine of $250.00 per day thereafter until compliance. Second was made by Mr. Pauley. Mr. Pauley suggested amending the motion to a fine of $100 .00 per day and Mr. Bolduc accepted the amendment and withdrew the original motion. AMENDED MOTION: Mr. Bolduc moved to find Case No. 23-1307 property owner Richard 5

Regular Meeting October 3, 2023 Dunedin Code Enforcement Board Brincklow, property address 620 San Salvador Drive in violation of the Florida Building Code Section 105.1 Permits Required and that the Respondents shall come into compliance by November 6, 2023 or suffer a fine of $100.00 per day thereafter until compliance. Second was made by Mr. Pauley. VOTE: Motion carried with Ms . Butler, Messrs. Bolduc, Pauley, Stone and Chair Carson voting aye. Voting nay, none. Chair Carson reviewed the Finding and Order of the Board. 5.b. Case 23-1465 City vs YCZ 2019 LLC 1412 SAN MATEO DRIVE Violation of the Florida Building Code Section 105.1 Permit Required Chair Carson determined there was no one present for this case. Code Compliance Inspector Gilbert reviewed Case No. 23-1465: Case Summary Property is in the R-60 Zoning District and is a vacant house. Florida Building Code Section 105.1 Permits Required Any Owner or authorized agent who intends to construct, enlarge , alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install , enlarge, alter, repair, remove , convert or replace any impact-resistant coverings, electrical , gas, mechanical, or 'plumbing system , the installation of which is regulated by this code , or to cause any such work to be done, shall first make application to the building official and obtain a required permit. This is to include, but not limited to the interior and exterior renovation; a Stop Work Order was issued here. Notice of Violation : Sent Certified Mail to the property owner on August 3, 2023. Compliance Date: August 24, 2023 Notice of Posting was done for both the Notice of Violation and a Notice of Hearing; both were posted to the home because the mail was still in transit as of September 8, 2023 and had not moved. When the City came to the property on June 29 , 2023 they noticed several cars and trucks and workers gutting and pulling things out of the house. Ms. Gilbert described the work being done as shown in the photographs submitted. When they went back things were moved around; even though there was a Stop Work Order they were still in the house working. The property was first sold to Home, Inc. LLC on May 31, 2023 and then it was sold again to YCZ 2019 LLC on June 1, 2023. There has been no response from the current owner to date regarding any of the posted notices or certified mailings. On September 13 , 2023 she received a call from the current owner stating he was going to submit what was needed for his permit; paperwork was submitted October 2, 2023 and placed back into review. 6

Regular Meeting October 3, 2023 Staff Recommendation Dunedin Code Enforcement Board Requesting compliance on or before October 17 , 2023 or a fine of $250.00 per day the violation continues to exist. Board Questions Mr. Stone if Ms. Gilbert asked the workers on the site who employed them. Ms . Gilbert explained they did ask; however, the workers did not speak English . When Mr. Bolduc asked how she was able to take the photographs, Ms. Gilbert explained the door was open and they were standing right there; they did not have to go inside, the doors were wide open . In response to the question from Ms. Butler, Ms. Gilbert explained the respondent had to resubmit paperwork because there was no signed and sealed documentation and they needed architectural drawings; they did start the work without the permit. Ms . Butler inquired if the respondent knows what he needs to do. Ms. Gilbert advised he does now because he was spoken to when they dropped off the plans and she had called to remind them to submit the documents and he said they were waiting on the architect to finish and he dropped those off on October 2 nd and those are in review currently. He was asked to attend the meeting in case they needed an extensionl and they did not attend today. To come into compliance, they have to have an issued permit. Five to seven days is the usual time for review and issuing a permit. City Attorney Ryan for the record verified the individual listed behind the corporation name on the agenda Ms. Gilbert mentioned is the registered agent; Ms. Gilbert stated he owns it, Mr. Zheng Yoncheng. Attorney Ryan verified the notices were sent to the reg istered agent which complies with the statute and asked if it was ever signed for; Ms. Gilbert stated it is still in transit; it was posted to the property and the owner did receive it because he called her, but just not by the certified mail yet. Ms . Gilbert acknowledged yes, it was mailed certified mail and notice also posted at City Hall. City Attorney Ryan explained by Statute if the respondent does not sign for Certified Mail and it has been 30 days that the property site be posted and at the City. MOTION: Vice Chair Stone moved to find Case No . 23-1465, property owner YCZ 2019 LLC , property address 1412 San Mateo Drive in violation of the Florida Building Code Section 105.1 Permits Required and that the Respondent shall come into compliance by October 17 , 2023 or suffer a fine of $250.00 per day thereafter until compliance. Second was made by Ms. Butler. VOTE: Motion carried with Ms. Butler, Messrs. Bolduc, Pauley, Stone and Chair Carson voting aye. Voting nay, none. Chair Carson reviewed the Finding and Order of the Board. 6. OTHER BUSINESS 6.a. Scheduled next meeting date of November 7, 2023. Chair Carson announced the next Code Enforcement Meeting of May 3, 2022 7

Regular Meeting October 3, 2023 at 2:00 p.m. Dunedin Code Enforcement Board 6.b. Attorney Comments - None 6.c. City Staff Comments Ms. McHale advised the applicant for the Code Enforcement Board Alternate Member that the Board recommended last month has declined since her job has changed she is no longer able to attend the 2:00 p.m. meetings. The Board can make a recommendation to take forward to the Commission today or wait until next month . Chair Carson determined all the Board members present had not reviewed the packet sent out as yet; therefore , it was the consensus to invite applicants to the next Board meeting . 6.d. Board Comments - None ADJOURN Meeting adjourned at 2:50 p.m. NOTE: This meeting was recorded and those recordings are a part of the official file . PhrS~iMC~Dunedin Code Enforcement Board 8

1 NOTICE OF PUBLIC MEETING CODE ENFORCEMENT BOARD City Hall, 737 Louden Avenue OCTOBER 03, 2023 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 the September 5, 2023 Code Enforcement Board meeting Review and approve EXHIBIT: Draft Minutes CEB 9-5-23.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 22-631 City vs STEVEN STENTZ 591 BAYWOOD DRIVE N Violation of the DCO Section 105-30.6(A) Public Safety Discussion EXHIBIT: 22-631 Order of Board.pdf 5. NEW BUSINESS 5.a. Case 23-1307 City vs RICHARD BRINCKLOW 620 SAN SALVADOR DRIVE

2 Violation of the FBC Section 105.1 Permit Required Discussion EXHIBIT: 23-1307 NOH and NOV.pdf 5.b. Case 23-1465 City vs YCZ 2019 LLC 1412 SAN MATEO DRIVE Violation of the FBC Section 105.1 Permit Required Discussion EXHIBIT: 23-1465 NOV and NOH.pdf 6. OTHER BUSINESS Schedule next meeting date of November 7, 2023 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.