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~!CIPAL CODE ENFORCEMENT EOARD
Meeting of January 25, 1989, 5:00 p.m.
Agenda
Action
PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the
same time, set the fee to be assessed in case of non-compliance.)
False Alarm Cases:
Case No. 132-88 T.G.I. Friday's Inc. Comply by 1/26/89.
Case No. 133-88 John Baldwin, Inc. Comply by 1/26/89.
Case No. 134-88 Key West Grill, Inc. 'Withdrawn.
Case No. 135-88 Shorts, Inc. Comply by 1/26/89.
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Case No. 136-88 Fortune Savings Bank Comply by 2/09/89.
Case No. 137-88 SOllnd Advice. Inc. Conply by 1/26/89.
NEW BUSINESS
None. .
ADJOURN
6:06 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
January 25, 1989
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Members present:
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Phillip N. Elliott, Chairman
Robert Aude, Vice-Chairman (arrived 5:11 p.m.)
James Angelis
Frank Morris
Bruce Cardinal
William Murray
Will iam Z inzow
Also present:
Rob Surette, Assistant City Attorney
Cynthia E. Goudeau, Secretary for the Board
In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
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The meeting was called to order by the Chairman at 5:00 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and advised any
aggrieved party may appeal a final administrative order of the Municipal Code
Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be
filed within thirty (30) days of the execution of the order to be appealed. He
noted that Florida Statute 286.0105 requires any party appealing a decision of this
Board to have a record of the proceedings to support such an appeal.
PUBLIC HEARINGS
Case No. 132-88
T.G.I. Friday's Inc.
2435 U.S. 19 North
(False Alarm Code)
Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy
warnings November 22, 24 & 28, 1988 to the President and Manager of T.G.I.
Friday's, Inc. following Police Department responses to false alarms.
Vince Gigilotti, representing T.G.I. Friday's, Inc. stated he does not
disagree with the citation. He stated he received the notices after Thanksgiving.
There were problems with the cleaning crew not following procedures and he has had
members of the crew terminated.
In closing, the Assistant City Attorney stated the violator has admitted to
the violation and recommended a short compliance time for corrective action.
Mr. Gigilotti stated actions have been taken to alleviate the problem.
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Officer Dunn stated there have been no false alarms since November 28, 1988.
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Mr. Cardinal moved that concerning Case No. 132-88 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2435 U.S. 19 N.,
Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 25th day of January, 1989, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Officer C.J. Dunn and
Vince Gigilotti, representing T.G.I. Friday's, Inc. and viewing the evidence, it is
evident T.G.I. Friday's, Inc. has been mailed two courtesy warnings within a one-
year period and a false alarm occurred after the date of the second co~rtesy
warning and within one year of the date of the first courtesy warning.
The Conclusions of Law are: T.G.I. Friday's, Inc. is in violation of Section
94.02.
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It is the Order of this Board that T.G.I. Friday's, Inc. shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur after January 26, 1989. Should the violation recur after
January 26, 1989, the Board has the authority to impose a fine of up to $250.00 for
each additional false alarm occurring within one year from the date the first
courtesy warning was mailed. If the Board imposes a fine, a certified copy of the
Order imposing the fine may be recorded in the public records of Pinellas County,
Florida, and once recorded shall constitute a lien against any real or personal
property owned by the violator pursuant to Chapter 162, Florida Statutes. The
motion was duly seconded and carried unanimously.
Done and Ordered this 25th day of January, 1989.
Case No. 13 3-88
John Baldwin, Inc.
432 Cleveland St.
(False Alarm Code)
Officer Charles Dunn, Clearwater
warnings November 28th, 7 & 8 p.m.,
Manager of John Baldwin, Inc.
Police Department, stated he sent courtesy
and December 1, 1988 to the President and
Ms. Jennie Minex, representing John Baldwin, Inc. stated she does not contest
the violation. She stated there was a mechanical problem which has been repaired
three times. The alarm company has given assurances it won't happen again.
When questioned if the false alarms are still occurring, Officer Dunn stated
there haven't been any more.
Mr. Angelia moved that concerning Case No. 133-88 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 432 Cleveland St..
Clearwater, FL 34615, the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 25th day of January, 1989,
and based on the evidence, the Municipal Code Enforcement' Board enters the
following Findings of Fact, Conclusions of Law, and Order.
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The Findin~s of Fact arel after hearing testimony of Officer C.J. Dunn and Ms.
Minex, representing John Baldwin, Inc. and viewing the evidence, it is evident John
Baldwin, Inc. has been mailed two courtesy warnings within a one-year period and a
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false alarm occurred after the date of the second courtesy warnipg and within one
year of the date of the first courtesy warning.
The Conclusions of Law are: John Baldwin, Inc. is in violation of Section
94.02.
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It is the Order of this Board that John Baldwin, Inc. shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur after January 26, 1989. Should the violation reC'lr after
January 26, 1989 the Board has the authority to impose a fine of up to $250.00 for
each additional false alarm occurring within one year from the date the first
courtesy warning was mailed. If the Board imposes a fine, a certified copy of the
Order imposing the fine may be recorded in the public records of Pinellas County,
Florida, and once recorded shall constitute a lien against any real or personal
property owned by the violator pursuant to Chapter 162, Florida Statutes. The
motion was duly seconded and carried unanimously.
Done and Ordered this 25th day of January, 1989.
Case No. 134-88
Key West Grill, Inc.
2650 Gulf-to-Bay Blvd.
(False Alarm Code)
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The City requested this case be withdrawn.
Mr. Aude moved to withdrawn Case No. 134-88.
carried unanimously.
The motion was duly seconded and
Case No.135-88
Shorts, Inc.
512 Cleveland St.
(False Alarm Code)
Officer Charles Dunn,
warnings November 25 &
President of Shorts, Inc.
Clearwater
27, 1988
Police Department, stated he sent courtesy
and again on December 7 & 12, 1988 to the
William Short,
installed in 1954.
completely replaced.
President of
He stated
Shorts, Inc., stated the alarm system was
the system was malfunctioning and has now been
Discussion ensued regarding the sensitivity
winds. Officer Dunn stated wind is not a factor
the company that installed Shorts, Inc. new alarm
by electrical storms are not cited as false alarm
of motion alarms during heavy
in false alarms according to ADT,
system. He stated alarms set off
violations.
When asked if he contests the December 12, 1988 false alarm', Mr. Short stated
he does not. He stated the system was replaced on December 19, 1988.
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Mr. Aude moved that concerning Case No. 135-88 regarding violation of Section
94.02 of the Clea~ater City Code on property located at 512 Cleveland St.,
Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 25th day of January, 1989, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings of Fact, Conclusions of Law, and Order.
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The Findings of Fact are: after hearing testimony of Officer C.J. Dunn and
William Short and viewing the evidence, it is evident the Clearwater Police
Department has mailed two courtesy warnings within a one-year period and a false
alarm occurred after the date of the second courtesy warning and within one year of
the date of the first courtesy warning.
The Conclusions of Law are: Shorts, Inc. is in violation of Section 94.02.
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It is the Order of this Board that Shorts, Inc. shall take corrective action
to ensure that no additional violations of Section 94.02 of the Code of the City of
Clearwater occur after January 26, 1989. Should the violation recur after January
26, 1989, the Board has the authority to impose a fine of up to $250.00 for each
additional false alarm occurring within one year from the date the first courtesy
warning was mailed. If the Board imposes a fine, a certified copy of the Order
imposing the fine may be recorded in the public records of Pinellas County,
Florida, and once recorded shall constitute a lien against any real or personal
property owned by the violator pursuant to Chapter 162, Florida Statutes. The
motion was duly seconded and carried unanimously.
Done and Ordered this 25th day of January, 1989.
Case No. 136-88
Fortune Savings Bank
655 South Belcher Rd.
(False Alarm Code)
Diane Neely, representing Fortune Savings Bank, when asked if she was aware of
the false alarm occurrence on December 5, 1988, responded they do not contest the
violation.
Officer Charles Dunn, Clea~ater Police Department, stated he sent courtesy
warnings December 1, 2 & 5, 1988 and issued the Notice of Violation on December 13,
1988.
Ms. Neely stated there was a mechanical problem and they had to replace the
system. They continued to experience problems which were traced to problems with
the telephone line. The line was replaced. One more false alarm occurred due to
improper programming of the system. The system was serviced on January 9, 1989 at
which time the system was re-programmed. She stated there have been no problems
since then.
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~-' Mr. Murray moved that concerning Case No. 136-88 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 655 South Belcher
Rd., Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 25th day of January, 1989,
and based on the evidence, the Municipal Code Enforcement. Board enters the
following Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Officer C.J. Dunn and Ms.
Neely, Manager of Fortune Savings Bank and viewing the evidence, it is evident the
Clearwater Police Department has mailed two courtesy warnings within a one-year
period and a false alarm occurred after the date of the second courtesy warning and
within one year of the date of the first courtesy warning.
The Conclusions of Law are: Fortune Savings Bank is in violation of Section
94.02.
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It is the Order of this Board that Fortune Savings Bank shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur after February 9, 1989. Should the violation recur after
February 9, 1989, the Board has the authority to impose a fine of up to $250.00 for
each additional false alarm occurring within one year from the date the first
courtesy warning was mailed. If the Board imposes a fine, a certified copy of the
Order imposing the fine umy be recorded in the public records of Pinellas County,
Florida, and once recorded shall constitute a lien against any real or personal
property owned by the violator pursuant to Chapter 162, Florida Statutes. The
motion was duly seconded and carried unanimously.
Done and Ordered this 25th day of January, 1989.
Case No. 137-88
Sound Advice, Inc.
1451 U.S. 19 South
(False Ala~ Code)
Officet" Charles
warnings on November
Advice, Inc.
Dunn, Clearwater Police Department, stated he sent courtesy
27, December 2 & 8, 1988 to the President and Manager of Sound
Officer Joseph Rinaldi, Clearwater Police Department, stated on December 8,
1988, he responded to an intrusion alarm at wbich time he checked the exterior of
the building and noticed no debris, no signs of forced entry and no weather
conditions to cause activation of the alarm. He stated he requested the
subscriber to respond and got no response.
Officer Dunn stated he had been in contact with the subscriber two or three
times and was told there was no understanding of why the alarm is going off.
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Mr. Murray moved that concerning Case No. 137-88 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1451 U.S. 19
South, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 26th day' of January, 1989,
and based on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Conclusions of Law, and Order.
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The FindingR of
Rinaldi and viewing the
has mailed two courtesy
Fact are: after hearing testimony
evidence, it is evident the
warnings
occurred after the date of the second
date of the first courtesy warning.
of Officers C.J. Dunn and J.
Clearwater Police Department
within a one-year period and a false alarm
courtesy warning and within one year of the
The Conclusions
94.02.
of Law
are: Sound
Advice. Inc.
is in
violation of Section
It
is
the Order
take corrective
Code of the
recur after
of up to $250.00 for
one year from the date the first
If the Board imposes a fine. a certified copy of the
may be recorded in the public records of Pinellas County.
recorded shall constitute a lien against any real or personal
by the violator pursuant to Chapter 162, Florida Statutes. The
seconded and carried unanimously.
s ha 11
94.02 of the
the violation
fine
of this Board that Sound Advice, Inc.
action to ensure that no additional violations of Section
Clearwater occur after January 26, 1989. Should
the Board has the authority to impose a
false alarm occurring within
courtesy warning was mailed.
Order imposing the fine
Florida. and once
property owned
motion was duly
City of
January 26, 1989,
each additional
Done and Ordered this 25th day of January, 1989.
NEW BUSINESS - None.
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ADJOURNMENT
The meeting adjourned at 6:06 p.m.
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