02/08/1989 (2)
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Agenda
HONICIPAL CODE BHPORCEMEHT BOARD
Meeting of February 8,
1988,
laOO p.m.
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Action
PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the
s~e time, set the fee to be assessed in case of non-compliance.)
Public Nuisance List 88-2-1
Items 1 &: 2
Case No. 5-89
Case No. 6-89
Case No. 9-89
Case No. 10-89
Case No. 11-89
~ Case Ho. 12-89
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MCEB
Helen M. Gorges
Lot 15, Blk. B,
Boulevard Pines Sub.
Comply within 30 days.
(3/10/89)'
John C. Gardner
(Standard Housing Code)
Continued to 3/08/89.
Clearwater Country Club, Inc.
(PaIse Alarm)
Comply by 2/10/89.
Maas Brothers, Inc.
(PaIse Alarm)
Comply by 2/09/89.
Toys "R" Us, Inc.
(False Alarm)
Comply by 2/09/89.
P.G.A. Tour Family Golf
Centers, Inc.
(False Alarm)
Withdrawn.
Suncoast Oil Co., Inc.
(False Alarm)
Comply by 2/09/89.
Hickory Grove Condominium Assoc.
(Life Safety Code)
Comply by' 2/22/89.
Erna Drakeford, Inc.
(Life Safety Code)
Continued to 3/08/69.
Coyotes Restaurant, Inc.
(False Alarm)
Withdrawn.
Maison Blanche Goudchaux, Inc.
(False Alarm)
Comply by 2/09/89.
Julie Tiernan d/b/a
Julie's Seafood & Sunsets
(False Alarm)
Comply by 2/09/89.
2/8/89
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Case No.
13-89
Case No.
14-89
Case No.
15-89
Case No.
16-89
Case No.
17-89
Case No.
18-89
Case No.
19-89
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Case No.
20-89
Case No.
21-89
Case No.
22-89
Case No. 126-88
Case No. 127-88
Case No. 128-88
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Fine Status Report
Lawton's Jewelry Co. of
Florida, Inc.
(False Alarm)
Comply by 2/09/89.
Carol N. Brown
(False Alarm)
Comply by 2/09/89.
Tigre Lis Enterprises, Inc.
(False Alarm)
Cancelled - No action.
Maas Brothers, Inc.
(False Alarm)
Cancelled - No action.
Virginia Holt
d/b/a Betty Lane Shop
(False Alarm)
Wi thdrawn.
Peter Wertheim
(False Alarm)
Cancelled - No action.
Boardwalk Galleries, Inc.
d/b/a Browns Art Gallery
(False Alarm)
Withdrawn.
Barnett Bank, Inc.
(Faleo Alarm)
Comply by 2/09/89.
Paul & Wanda Nixon
(Development Code)
Continued to 3/08/89.
Howard Fest
(Development Code)
Continued to 3/08/89.
UNFINISHED BUSINESS
Michael Podniestrzanski
(Development Code)
Affidavit of Non-Compliance
Accepted affidavit; issued
order imposing fine.
Michael Podniestrzanski
(Development Code)
Affidavit of Non-Compliance
Accepted affidavit; issued
order imposing fine.
Mildred Harbison
(Life Safety Code)
Affidavit of Compliance
Accepted affidavit.
OTHER BOARD ACTION
Reviewed.
DuscuBBion - Rules & Re~ulations
MCEB
Approved amendments.
2/8/89
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PUBLIC NUISANCE LIST 89-02-1, 2/08/89
I. A..
REAL PROPERTY OWNER:
PERSONAL PROPERTY OWNER:
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1.
Helen M. Gorges
529 South Crest Ave
Clearwater, FL 34606-6101
Karen A. Keegan
529 South Crest Ave
Clearwater, FL 34601-6101
REAL PROPERTY WHERE VIOLATION EXISTS: Boulevard
parcel #14/29/15/10566/002/0150; AKA 529
PERSONAL PROPERTY TO WIT: 1970 Tornado Two
GXB (00132295), Vin# 396070M622499.
B, Lot
THIS
Oct 87-409
Pines SUB,
South Crest
Door Sedan
Block
Ave.
Tag~
2.
Helen M. Gorges
529 South Crest
Clearwater, FL
Ave
34616
John M Sykes
Robert M. Gorges
4534 12th Ave
St. Petersbucg
FL
33713
LIEN HOLDER:
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Douglas L. Day
125 69th Street
Clearwater, FL
Nortll
33516
REAL PROPERTY
B, Lot 15,
Ave; Clearwater,
1969 Blue
Unregistered
j169709.
waER~ VIOLATION EXISTS:
parcel i14/29/15/10566/002/0150;
FL 34616-6101. THIS
Bay 17 feet, 1l inches, outboard
Trailer. FL# 9663 AL 6/30/88
Boulevard Pines SUB; GlOCK
AKh 529 South Crost
PERSONAL PROPERTY TO WIT:
propre11ed boat and
Oecal# A 505450 TITL8
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Mr. Packer stated Chapter 9S of the City Code defines vehicles on private
property that do not have current tags or registrations as debris_
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The Assistant City Attorney requested the Board take judicial notice of
Section 95.03 of the City Code, definitions of debris and inoperable or unlawful
vehicles and Section 95.04, the prohibition of the accumulation of debris.
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In response to questions, Mr. Packer stated the owner of the Toronado is
listed as Karen Keegan at the same address, the vehicle's decal'having expired
October, 1987. He stated the boat is registered to John Sykes and Robert Gorges,
however a Douglas Day is shown as holder of title. When questioned regarding
notice given to Ms. Keegan, Mr. Packer stated she was present at the time of
posting. With regard to the boat, he stated Mr. Gorges was present and given a
copy of the notice of violation and Mr. Sykes was sent a copy certified mail.
Mr. Packer stated the boat is not currently registered and there is no
identifiable registration for the boat trailer.
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The Assistant City Attorney req~ested the Board take judicial notice of
Florida Statute 320.02(1) relating to mandatory registration of vehicles, and
320.01(1)(a), definition of motor vehicles. including trailers.
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Mr. Packer stated he reinspected the property the morning of the hearing
and the violation still exists.
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Mr. Robert Gorges, representing Helen Gorges, Karen Keegan and himself,
requested a copy of the original complaint received by the Sanitation Division.
and submitted it as Defendant exhibit A. He stated the neighbor who made the
call stated it was not meant as a complaint. Mr. Gorges stated they have
registration and title for the Toronado and legal registration for all vehicles
as per state law except the trailer. Ke stated the vehicles are on private
property and therefore legal. He feels the City ordinance is discriminatory at
the inspector's level. He questioned the validity of the ordinance and stated he
does not feel it applies to this situation.
When questioned whether the car, boat and trailer can be operated lawfully
on the streets and waterways, Mr. Gorges stated they can not.
In closing, the Assistant City Attorney stated the intent of the ordinance
is to prevent excess accumulation of debris. such as abandoned or inoperable
material, to keep people from turning their property into junkyards as it is a
detriment to the value of neighboring properties. He stated the ordinance allows
30 days for outside storage before repair or removal is required. He stated it
is clear Helen Gorges is in violation of the Code and should remove or register
the vehicles.
CD
In closing, Mr. Gorges stated the vehicles are not abandoned and are
registered with the state with the exception of the trailer and it is not ready
for use. When questioned regarding tne boat, Mr. Gorges stated he was not
specifically authorized to represent ~r. Sykes, b~t they are co-owners. He
stated they purchased the boat from Mr. Day approximately two years ago and it
has been on the property during that time. He stated there is no intent to use
the boat at this time and has no current registration. Mr. Gorges stated the car
is operable and for sale. When questioned regarding using the garage for
storage, Mr. Gorges stated it is not possible.
2/08/89
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~r. Cardinal moved that concerning Items 1 & 2 of Public Nuisance List 89-
02-1 regarding violation of Chapter 95 of the Clearwater City Code, specifically
Section 95.04, on property located at Lot 15, Block B, Boulevard Pines Sub., aka
529 S. Crest Ave., the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 8th day of February, 1989,
and based on the evidence, the Municipal Code Enforcement Board enters the
following Pindings of Pact, Conclusions of Law, and Order.
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The Pindings of Pact aret after hearing testimony of Vernon Packer,
Sanitation Inspector, and Mr. Robert Gorges, representing Helen Gorges, Karen
Keegan and himeelf, and viewing the evidence, exhibits submittedl City's
composite exhibits B, C & D and Defendant exhibit A, it is evident there exists
an accwmulation of debris as defined by the City Code.
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The Conclusions of Law aret Helen Gorges is in violation of Chapter 9S of
the City Code.
It is the Order of this Board that Helen Gorges shall comply with Chapter
95 of the Code, specifically Section 95.04 of the Code of the City of Clearwater
within 30 days (March 10, 1989). Upon failure to comply within tho time
specified, the City Manager may authorize the entry upon the property and such
action as is necessary to remedy the condition, without further notice to Helen
Gorges. The City Commission may then adopt a Resolution assessing against the
property on which remedial action was taken by the City the actual cost incurred
plus a $150.00 administrative cost. Such cost shall constitute a lien against
the property until paid. A Notice of Lien, in such form as the City Commission
shall deter.mine, may be recorded in the Public Records of Pinellas County as
other liens are recorded. If the owner takes remedial action after the time
specified, the City Commission may assess the property the $150.00 administrative
cost. Such cost shall constitute a lien against the property until paid. Upon
complying, Helen Gorges shall notify Vernon Packer, the City Official who shall
inspect the property and notify the Board of compliance. Should a dispute arise
concerning compliance, either party may request a further hearing before the
Board. The motion was duly seconded and carried unanimously.
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Done and Ordered this 8th day of February, 1989.
Case No. 129-88
John C. Gardner
1012 N. Madison Ave.
(Standard Housing Code)
The Secretary to the Board stated the Inspector has requested this case be
continued to the March meeting as the violator is in the process of complying.
Mr. Aude moved to continue Case No. 129-88 to the meeting of March 8, 1989.
The motion was duly seconded and carried unanimously.
Caso No. 1-89
Clearwater Country Club, Inc.
S25 N. Betty Lane
(False Alarm)
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When questioned by the Assistant City Attorney whether courtesy warnings
were issued on December 1 and 16, 1988 and that another false alarm occurred on
December 24, 1988, at the above location, Mr. Walter O'Meara, President of
Clearwater Country Club, Inc., responded in the affirmative. Mr. O'Meara stated
the alarms were accidentally eet off by members of the club.
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Mr. Donald Guckian of Sonitrol, Inc., the country club's alarm company,
stated the Clearwater Country Club has been a long time customer. He stated the
system has been updated and there have been problems which he feels are now under
control.
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Mr. Aude moved that concerning Case No. 1-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 525 N. Betty Lane the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 8th day of February, 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 arel after hearing testimony of Walter O'Meara and
Donald Guckian, 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.
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The Conclusions of Law arel Clearwater Country Club, Inc. is in violation
of Section 94.02.
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It is the Order of this Board that Clearwater Country Club, Inc. ahall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 525 N. Betty Lane, Clearwater, Fla. after
February 10, 1989. Should the violation reoccur after February 10, 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 purB~ant to Chapter 162, Florida Statutes. The motion was duly
seconded and carried unanimously.
Done and Ordered this 8th day of February, 1989.
In response to a request for an explanation of the False Alarm Ordinance,
the Assistant City Attorney stated should another false alarm occur after the
date of compliance imposed by the Board, the Board will hear the case again and
impose a fine at that time should they decide it was indeed a false alarm.
Case No. 2-89
Maas Brothers, Inc.
320 Cleveland Street
(False Alarm)
There was no representative for Maas Brothers, Inc. present at the
hearing.
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Done and Ordered this 8th day of February, 1989.
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Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy
warnings to the Manager and President on November 28 and December 20, 1988. He
stated a third false alarm occurred on December 23, 1988. He stated he
determined who the president of the company was by contacting the Secretary of
State of Florida.
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Mr. Angelis moved that concerning Case No. 2-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 320 Cleveland
Street, the Municipal Code Enforcement Board has heard t~stimony at the Municipal l.
Code Enforcement Board hearing held the 8th day of February, 1989, and based on
the evidence, the Municipal Code Enforcement Board enters the following Findings
of ~act, Conclusions of Law, and Order.
The Findings of Fact arel after hearing testimony of Officer Charles Dunn
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 I'
after the date of the second courtesy warning and within one year of the date of
the first courtesy warning.
The Conclusions of Law arel Maas Brothers, Inc. is in violation of Section
94.02..
It is the Order of this Board that Maas Brothers, Inc. shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 320 Cleveland St., Clearwater, Fla. after
February 9, 1989. Should the violation reoccur after Pebruary 9, 1989, the Board
has the authority to impose a fine of up to $250.00 for each additional false
alanm 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, Plorida, 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.
Case Ro. 3-89
Toys "R" Us, Inc.
2486 u.S. 19 North
(False Alarm)
When questioned whether courtesy warnings were issued on November 23 and
3D, 2988 and that another false alarm occurred on December 12., 1988, Jan
Didomenico, representing Toys "R" Us, Inc. stated that was true.
Mr. Morris moved that concerning Case No. 3-89 regarding violation of
Section 94.02 of the Clearwater City Oode on property located at 2486 U.S. 19
North, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 8th day of February, 1989, and based on
the evidence, the Municipal Code Enforcement Board enters the following Findings
of Pact, Conclusions of Law, and Order.
MCEB
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The Findings of Pact arel after hearing testimony of Jan Didomenico,
representing Toys "R" Ue and the Assistant City Attorney and viewing the
evidence, it is evident Toys "R" Us, Inc. has been 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 Lawarel Toys "R" Us, Inc. is in violation of Section
94.02.
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It is the Order of this Board that Toys "Rn Us, Inc. shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of
the City of Clearwater occur at 2486 U.S. 19 North, Clearwater, Fla. after
February 9, 1989. Should the violation reoccur 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 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.
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Done and Ordered this 8th day of February, 1989.
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Case No. 4-89
P.G.A. Tour Family Golf Centers, Inc.
3180 S .R. 580
(False Alarm)
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Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy
warnings to Frank Reynolds, Manager at 3180 S.R. 580, on December 8 and l2, 1988
and a third false alarm occurred on December 25, 1988 and nothing unusual was
noticed by the officer. He stated he checked with the Engineering Department of
Clearwater to determine that the property is in Clearwater although it has a Palm
Harbor mailing address.
Mr. Reynolds stated the business was closed on December 25, 1988. He
stated he called Dictagraph, the security company, on December 26th and was told
8-10 businesses had false alarms occur on the 25th that were the fault of the
ala~ company. Mr. Reynolds stated the alarm was set off once by nearby
construction. When questioned regarding problems in the past, he stated the
first false alarm was due to new personnel. Mr. Reynolds stated they have
contracted with Little Ceasars to operate a restaurant in part of the building
and on January l2, 1989, a false alarm occurred. The alarm was set off
accidentally by an employee of Little Ceasars when he mistakenly opened the
electrical room setting off P.G.A.'s alarm. He stated employees have since been
instructed regarding the alarm system and a sign has been posted to keep the door
to the electrical room from being opened after 10 p.m. When questioned why the
door is not locked, Mr. Reynolds stated it is a requirement of the fire code.
The Assistant City Attorney requested this case be withdrawn.
Mr. Aude moved to withdraw Case No. 4-89. The motion was duly seconded and
carried unantmously.
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Case No. 5-89
Suncoast Oil Co., Inc.
Fina Station #22, 1285 Cleveland St.
(False Alarm)
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William Mitchell, Area Supervisor for Suncoast Oil Co., Inc., admitted to a
third false alarm occurrence on January 17, 1989, aft~r two courtesy warnings
were mailed by the Police Department. He stated there were numerous problems and
he did not receive the notices. He supplied the property address and person to
whom any further notices should be sent.
Mr. Aude moved that concerning Case No. 5-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 1285 Cleveland Street,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 8th day of February, 1989, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
Pact, Conclusions of Law, and Order.
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The Findings of Fact arel after hearing test~ony of William Mitchell, Area
Supervisor, and viewing the evidence, it is evident Suncoast Oil Co., Inc. has
been mailed two courtesy warnings within a one-year period and a false ala~
occurred after the date of the second courtesy warning and within one year of the
date of the first courtesy warning.
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The Conclusions of Lawarel Suncoast Oil Co., Inc. is in violation of
Section 94.02.
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It is the Order of this Board that Suncoast Oil Co., Inc. shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 1285 Cleveland St., Clearwater, Fla.
after February 9, 1989. Should the violation reoccur 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 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 unan~ously.
Done and Ordered this 8th day of February, 1989.
Case No. 6-89
Hickory Grove Condominium Association
9 Turner Street
(Life Safety Code)
Karl Whittleton, Life Hazard Safety Inspector, stated that on September 2,
1988 he observed obstructions in both stairwells and storage in the east
stairwell at the above address. City submitted composite exhibit A, six
photographs of the area in question taken December 23, 1988. He reinspected the
area the morning of the hearing and the only remaining violation is on the first
floor which still has plants and planter in the east stairwell obstructing a main
means of egress.
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The Assistant City Attorney requested the Board take judicial notice of
Section 93.21 of the City Code adopting NFPA Life Safety Code 101.
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Be stated removal of those remaining obstructions is all that is needed to
come into compliance with the Code.
Elizabeth Hayes, first floor resident and owner of those items obstructing
the means of egress, questioned Mr. Whittleton regarding required width of
paesageways leading to the means of egress and was told the minimwn allowable is
44 inches.
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Lowell Bond, President of Hickory Grove Condominium Association, stated the
intent of the association is to abide by the fire code and he had asked Ms. Hayes
to be here as she is the cause of the re~ining violation.
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Ms. Hayes submitted defendant's exhibit A, a scaled drawing of the area in
question. She stated she called the Fire Department and was told the width of
the passage should be as wide as a door would be. Ms. Hayes submitted letters of
no objsction to the items being in the foyer.
City submitted exhibit B, a portion of Defendant's exhibit A, marking areas
where obstructions are located.
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When questioned whether the obstructions restrict means of egress per code
requirements, Mr. Whittleton stated yes because the items are moveable.
Discussion ensued regarding separation between foyer and stairwell. Mr.
Whittleton read into the record the definition of means of egress as stated in
Life Safety Code 101, Section 5-1.2 as encompassing any areas needed to access
exits.
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Mr. Angelis moved that concerning Case No. 6-89 regarding violation of
Sections 5-2.2.3.4 and 5-1.3.2, Life Safety Code 101 as adopted by the Clearwater
City Code on property located at 9 Turner Street, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held
the 8th day of February, 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 Pindings of Fact are: after hearing testimony of Karl Whittleton, Life
Hazard Safety Inspector, Elizabeth Hayes and Lowell Bond and vie~ing the
evidence, exhibits submittedl City exhibits composite A and B and Defendant's
exhibit A, it is evident that there are items in the hallway ~hich obstruct the
means of egress.
The Conclusions of Law are. Hickory Grove Condominium Association is in
violation of Sections 5-2.2.3.4 and 5-1.3.2, Life Safety Code lOL,
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It is the Order of this Board that Hickory Grove Condominium Association
shall comply with Sections 5-2.2.3.4 and 5-1.3.2, Life Safety Code 101 as adopted
by the Code of the City of Clearwater by February 22, 1989. If Hickory Grove .
Condominium Association does not comply within the time specified, the Board may
order them to pay a fine of $25.00 per day for each day the violation continues
to exist. If Hickory Grove Condominium Association does not comply within the
time specified, 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. Upon complying, Hickory Grove
MCEB
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Condominium Association shall notify Karl Whittleton, the City Official who shall
inspect the property and notify the Board of compliance. Snould the violation
reoccur, the Board has the authority to impose the fine at that time without a
s~bsequent hearing. Should a dispute arise concerning compliance, either party
may request a further hearing before the Board. The motion was duly seconded and
carried unanimously.
Done and Ordered this 8th day of February, 1989.
Case No. 9-89
Drakeford, Inc.
1594 South Myrtle Ave.
(Life Safety Code)
The Secretary to the Board requested this case be contin~ed to the March
meeting.
M~. Aude moved to continue Case No. 9-89 to the meeting of March 8, 1989.
The motion was duly seconded and carried unanimouslYf
Case No. J.0-89
Coyotes Restaurant, Inc.
1730 U.S. 19 North
(False Alarm)
Officer Charles Dunn, Clearwater Police Department. stated ne sent courtesy
warnings on December 21 & 28, 1988 after which a third false alarm occurred on
January 21, 1989. He stated per the report of the 21st, there was no evidence of
of criminal activity or other circumstances.
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George Pavlick, President of Coyotes Restaurant, Inc., stated he responded
to the alarm on January 21, 1989 and found the patio doors were not latched. He
stated someone stayed in the building until after closing. Mr. Pavlick stated
the December 25, 1988 alarm was also due to an illegal entry at which time there
was evidence of theft. He stated he has had other problems and,has since
installed security lights. In response to a question, he stated the basis of the
January 2, 1989 alarm was not known. Mr. Pavlick stated Sonitrol, Inc., the
alarm company for the business, informed him on December 25, 1988 that someone
was trying to get in the deli door. When questioned if anytning was stolen, Mr.
Pavlick responded there had been and they did their own internal investigation
utilizing a private polygraph company. He stated at that time some personnel
quit rather than take the polygraph. Mr. Pavlick stated he has since had the
locks changed. He stated he was told by Sonitrol the system was in working
order.
The Assistant City Attorney requested this case be withdrawn, informing Mr.
Pavlick of the need to notify the Police Department of evidence of illegal entry.
Mr. Aude moved to withdraw Case No. 10-89. The motion was duly seconded
and carried unanimously.
Case No. 11-89
Maison Blanche Goudchaux, Inc.
Countryside Mall, 2601 U.S. 19 North
(False Alarm)
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Mr. Christopher Mann. representing MAison Blanche Goudchaux, Inc., admitted
to receiving courtesy warnings which were sent on December 6 & 15. 1988, and a
third false alarm occurred on December 18, 1988. He stated it is their policy to
maintain an effective system and have taken action to correct the problem.
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Mr. Aude moved that concerning Case No. 11-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at Countryside
Mall, 2601 U.S. 19 North, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 8th day of
February, 1989, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law, and prder.
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The Findings of Pact arel after hearing testimony of Christopher Mann,
representing MAison Blanche Goudchaux. Inc. 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 arel Maison Blanche Goudchaux, Inc. is in violation
of Section 94.02.
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It is the Order of this Board that Maison Blanche Goudchaux, Inc. shall
take corrective action to ensure that no additional violations of Section 94.02
of the Code of the City of Clearwater occur at 2601 U.S. 19 Nortn, Clearwater.
Fla. after February 9, 1989. Should the violation reoccur 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 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 8th day of February, 1989.
Case No. 12-89
Julie's Cafe, Inc.
351 Soutn Gulfview Blvd.
(False Alarm)
Ms. Julie Tiernan, owner of Julie's Cafe, Inc., admitted to false alarms
occurring on November 26, December 2, December 14, 1988 and January 3, 1989. She
stated Sonit-rol, Inc., the alarm company for the business, was investigating the
system to determine the problem.
Mr. Cardinal moved that concerning Case No. 12-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 351 S. Gulfview
Boulevard, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 8th day of February, 1989, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Pindings of Fact, Conclusions of Law, and Order.
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MCEB
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The Findings of Pact arel after hearing testimony of Julie Tiernan 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 arel Julie's Cafe, Inc. is in violation of Section
94.02.
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It is the Order of this Board that Julie's Cafe, Inc. shall take corrective
action to ensure that no additional violations of Section 94.0Z of the Code of
the City of Clearwater occur at 351 S. Gulfview Blvd., Clearwater, Fla. after
February 9, 1989. Should the violation reoccur 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 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, Plorida Statutes. The motion was duly
seconded and carried unanimously.
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Done and Ordered this 8th day of February, 1989.
Case No. 13-89
Lawton's Jewelry Co. of Florida, Inc.
Clearwater Mall, #103, 505 U.S. 19 South
(False Alarm)
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Officer Charles Dunn, Clearwater Polics Department, stated courtesy
warnings were sent November 22 and December 13, 1988, and another false alarm
occurred on December 14, 1988
No representative of the violator was present at the hearing
Mr. Aude moved that concerning Case No. 13-89 regarding v!olation of
Section 94.02 of the Clearwater City Code on property located at Clearwater Mall
#103, 505 U.S. 19 South, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 8th day of February,
1989, and based on the evidence, the Municipal Code Enforcement Board enters the
following Pindings of Pact, Conclusions of Law. and Order.
The Pindings of Pact arel after hearing testimony of Officer Charles Dunn
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 Lawarel Lawton's Jewelry Co. of Florida, Inc. is ~n
violation of Section 94.02.
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It is the Order of this Board that Lawton's Jewelry Co. of Florida, Inc.
shall take corrective action to ensure that no additional violations of Section
94.02 of the Code of the City of Clearwater occur at Clearwater Mall #103, 505 US
19 S., Clearwater, Fla. after February 9, 1989. Should the violation reoccur
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
MCEB
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the first courtesy warning was mailed. If the Board impose
copy of the Order imposing the fine may be recorded in the
Pinellas County, Florida, and once recorded shall constitut
real or personal property owned by the violator pursuant to
Statutes. The motion was duly seconded and carried unanimo
a fine, a certified
~blic records of
a lien against any
Chapter 162, Florida
sly.
Done and Ordered this 8th day of February, 1989.
Case No. 14-89
Carol N. Brown
172 Harborage Court
(False Alarm)
City submitted exhibit A, an affidavit of no contest
authorizing the Board to take necessary action.
igned by Carol Brown
Mr. Morris moved that concerning Case No. 14-89 regar
Ssction 94.02 of the Clearwater City Code on property loc~t
Court, the Municipal Code Enforcement Board has heard testi
Code Enforcement Board hearing held the 8th day of February
the evidence, the Municipal Code Enforcement Board enters t
of Fact, Conclusions of Law, and Order.
ing violation of
d at 172 Harborage
ony at the Municipal
1989, and based on
e following Findings
o
The Findings of Fact arel after hearing testimony of he Assistant City
Attorney and viewing the evidence, exhibits submitted I City exhibit A, an
affidavit submitted by Ms. Brown, it is evident the Clearwa er Police Department
has mailed two courtesy warnings within a one-year period a d a false alarm
occurred after the date of the second courtesy warning and ithin one year of the
date of the first courtesy warning.
The Conclusions of Law arel Carol N. Brown is in viol tion of Section
94.02.
It is the Order of this Board that Carol N. Brown sha
action to ensure that no additional violations of Section 9
the City of Clearwater occur at 172 Harborage Court, Clearw
February 9, 1989. Should the violation reoccur after Febru
has the authority to impose a fine of up to $250.00 for eac
alarom occurring within one year from the date the first cou
mailed. If the Board imposes a fine, a certified copy of t
fine may be recorded in the public records of Pinellas Coun
recorded shall constitute a lien against any real or person
the violator pursuant to Chapter 162, Florida Statutes. Th
seconded and carried unanimously.
1 take corrective
.02, of the Code of
ter, Fla. after
ry 9, 1989, the Board
additional false
tesy warning was
e Order imposing the
y, Florida, and once
1 property owned by
motion was duly
Done and Ordered this 8th day of February, 1989.
Case No. 15-89
Tigre Lis Enterprises, Inc.
Cancelled
Case No. 16-89
Maas Brothers, Inc.
Cancelled
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Case No. 17-89
Virginia Holt dba The Betty Lane Shop
810 S. Ft. Harrison Avenue
(False Alarm)
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Estelle Myers, Manager of The Betty Lane Shop.
warnings were
admitted that courtesy
sent regarding false alarm occurrences on November 28. December 19
and a third alarm occurring on December 27, 1988. She stated each time they
found glass outside the windows and on one occurrence the windows were broken.
Ms. Myers stated they replaced the glass windows with unbreakable windows. She
stated Vision Cable checked the alarm system and they had it disconnected from
the windows. Ms. Myers stated vandals are throwing bottlee at the windows,
setting off the alarm.
Officer Charles Dunn,
one alarm because of a coke
aware of the broken glass.
Clearwater Police Department, stated he disregarded
can outeide the window. He stated he was not made
The Assistant City Attorney requested this case be withdrawn.
Mr. Aude moved to withdraw Case No. 17-89.
and carried unanimously.
The motion was duly seconded
Case No. 18-89
Peter Wertheim
Cancelled
Case No. 19-89
Boardwalk Galleries, Inc. dba The Brown Art Gallery
417 Mandalay Avenue
(False Alarm)
o
Mr. Carl Wells, President of Boardwalk Galleries, Inc., stated two courtesy
warnings were issued for December 16th, and a third false ala~ occurred on
December Z3. 1988. He stated he sold the business as of January 17, 1989. Mr.
Wells stated it takes more than two alarms to figure out what went wrong with the
system.
The Assistant City Attorney requested this case be withdrawn.
Kr. Morris moved to withdraw Case No. 19-89.
and carried unanimously.
The motion was duly seconded
Case No. 20-89
Barnett Bank of Pine1las County
2200 Belleair Road
(False Alarm)
Kr. Ian Dziubinski. representing Barnett Bank of Pinellas County, stated
Barnett Bank, Inc. does not have a license to operate in Pinellas County. He
provided correct information regarding address and contact for future
correspondence. He stated it was determined there was a hardware problem and it
has since been corrected.
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Mr. Angelis moved that concerning Case No. 20-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2200 Belleair
Road, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 8th day of February, 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 Ian Dziubinoki,
representing Barnett Bank of Pinellas County, 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 arel Barnett Bank of Pinel1as County is in violation
of Section 94.02.
It is the Order of this Board that Barnett Bank of Pinellas County shall
take corrective action to ensure that no additional violations of Section 94.02
of the Code of the City of Clearwater occur at 2200 Belleair Road, Clearwater,
Fla. after February 9, 1989. Should the violation reoccur 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 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.
o
Done and Ordered this 8th day of February, 1989.
Case No. 21-89
Paul and Wanda Nixon
1800 N. Ft. Harrison Ave.
(Development Code)
The Inspector requested this case be continued to the March meeting as the
violation is in the process of being corrected.
Mr. Cardinal moved to continue Case No. 21-89 to the meeting of March S,
1989. The motion was duly seconded and carried unanimously.
Case No. 22-89
Howard Fest
1009-1011 Lee Street
(Development Code)
The Inspector requested this case be continued to the March meeting as the
violation is in the process of being corrected.
Mr. Cardinal moved to continue Case No. 22-89 to the meeting of March 8,
1989. The motion was duly seconded and carried unanimously.
~
V
MCEB
14
2/08/89
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UNFINISHED BUSINESS
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Case No. 126-88
Michael Podniestrzanski
1216 N. Ft. Harrison Ave.
(Development Code)
Affidavit of Non-Compliance
Mr. Aude moved to accept the Affidavit of Non-Compliance in Case No. 126-88
and issue the Order imposing the fine. The motion was duly seconded and carried
unanimously.
Case No. 127-88
Michael Podniestrzanski
500 N. Ft. Harrison Ave.
(Development Code)
Affidavit of Non-Compliance
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Mr. Aude moved to accept the Affidavit of Non-Compliance in Case No. 127-88
and issue the Order imposing the fine. The motion was duly seconded and carried
unanimously.
Case No. 128-88
Mildred Harbison
(Life Safety Code)
Affidavit of Compliance
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No.
128-SS. The ~otion was duly seconded and carried unanimoasly.
~
\J
OTHER BOARD ACTION
Fine Status Report
The Fine Status Report was reviewed.
~\
'V
Discussion - Rules and Re~ulations
Proposed amendments to the Rules and Regulations are as followsr Article
IV, Section 1, delete "annual organizational meeting in October" and insert first
meeting in January; Article V, Section 3, insert at the beginning of the
paragraph "Whenever possible" and delete "both" before "regular and special";
Section 4a., delete "Chairperson", insert "Secretary", and delete "not going"
before "unable to attend"; Section 4b., after "without prior" delete "approval of
the Chairperson" and insert "notification"; Section 5, at the end of the
paragraph insert "except that an affirmative vote of Four (4) shall be required
to adopt an Order of the Board"; Article VII, Section 1, after "initiated by"
insert the City Attorney's Office"; Section 2, after "The Secretary shallft delete
"assure the Affidavit of Violation and Reqaest for Hearing is completed
correctly,"; Section 4, after "empowered toft delete "issue" and insert "prepareft
and delete the laet sentence; Section 5, delete entire section; Article VIII,
Section 1(1), 3rd sentence, after "(10) days and" delete "be" and insert ftsent
certified" and after "mail" insert "return receipt requested"; Article IK,
Section 2, at the beginning of the second sentence insert "Upon acceptance by the
Board"; and Article X, Section 2, after "Regulations" delete "shall" and insert
"may", after "readopted by the Board" delete annually at its regular
organizational meeting" and insert "as deemed necessary.ft
MCEB
15
2/08/89
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