02/22/1989 (2)
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MUNICIPAL CODE ENFORCEHEN'! BOARD
Meeting of February 22, 1989, 5:00 p.m.
~enda
PUBLIC BE.ARINGS
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(At the time a
the same time,
case is heard and date set Eor compliance the Board shall,
set the fee to be Bssessed in case of non-compliance.)
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Case No. 23-89 David Trager dba
Captain << Kings Men's Fashions
(Fal se Alarm)
Csse No. 24-89 Susan St. Clair Roper, M.D.
(False Alarm)
Csse No. 25-89 JNO H. Swi sher << Sons, Inc.
(False Alarm)
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Case No. 26-89 Assoc. Hosts of Fla., Inc. dba
Bombay Bicycle Club CaEe & Bar
(False Alarm)
Case No. 27-89 Horrisons Incorporated
(Fal se Alarm)
CaBe No. 28-89 Dorothy Henriquez
(False Alarm)
CaBe No. 29-89 Key West Grill, Incorporated
(Fal se Alarm)
CaBe No. 30-89 Robert Col eman
(False Alarm)
ADJOURN
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Comply by 2/23/89.
Comply by 3/14/89.
Comply by 2/23/89.
Comply by 2/23/89.
Comply by 3/01/89.
Continued to obtain
proper service.
Continued to obtain
proper service.
Comply by 2/23/89.
5144 p.m.
2/22/89
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The Findings of Fact arel After hearing testimony of Officer Charles Dunn
and David Trager 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 Captain and Kings Men's Fashions is in
violation of Section 94.02.
It is the Order of this Board that Captain and Kings Men's Fashions shall
take corrective action to ensure that no additional violations of Section 94.02
of the Code of the City of Clearwater occur at 770 South Gulfview Blvd.,
Clearwater, Fla. after February 23, 1989. Should the violation reoccur after
February 23, 1989, the Board has the authority to impose a fine' of up to $250.00
for each additional false ala~ 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 22nd day of February, 1989.
Case No. 24-89
Susan St. Clair Roper, M.D.
2467 "A" Enterprise Road
(False Alarm)
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Officer Dunn, Clearwater Police Department, stated he sent courtesy
warnings on November 27 and December 2, 1988 and a false alarm occurred on
January 10, 1989.
The Assistant City Attorney requested the Board take judicial notice of
Section 94.02 of the City Code.
Dr. Roper stated she has had problems with Brinks Security System and has
records of the system being fixed. A new system was installed as of February 13,
1989 and there have been no problems since that time.
Mr. Cardinal moved that concerning Case NO. 24-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2467 "A"
Enterprise Road, Clearwater, Fla., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 22nd 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 arel after hearing testimony of Officer Charles Dunn
and Dr. Susan St. Clair Roper 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 Dr. Susan St. Clair Roper is in violation of
Section 94.02.
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2/22/89
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It is the Order of this Board that Dr. Susan St. Clair Roper shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 2457 "An Enterprise Road, Clea~ater,
Fla. after March 14, 1989, extended time allowed due to installation of new alarm
system. Should the violation reoccur after Marcn 14, 1989, the Board has tne
authority to impose a fine of up to $250.00 for eacn 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 o~ed by tne
violator pursuant to Cnapter 162, Florida Statutes. The motion was duly aeconded
and carried unanimously.
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Done and Ordered this 22nd day of February, 1989.
Case No. 25-89
JNO H. Swisher and Sons, Inc.
509 East Avenue
(False Alarm)
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Officer Charles Dunn stated courtesy warnings were issued December 22 and
29, 1988 and a false alarm occurred on January 9, 1989. He stated ne contacted
the Secretary of State to acquire the name and address of the president of the
company.
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Mr. Murray moved that concerning Case No. 25-89 regarding violation of
Section 94.02 of the Clea~ater City Code on property located at 509 East Ave.,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 22nd 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 Pact are: 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 Law arel JNO H. Swisher and Sons, Inc. is in violation
of Section 94.02.
It is the Order of this Board that JNO H. Swisher and Sons, Inc. shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clea~ater occur at 509 East Avenue, Clearwater, Fla. after
February 23, 1989. Should the violation reoccur after February 23, 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 ~iled. 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 l62, Florida Statutes. The motion was duly
seconded and carried unanimously.
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Done and Ordered this 22nd day of February, 1989.
Case No. 26-89
Associate Hosts of Florida, Inc.
dba Bombay Bicycle Club Cafe and Bar
27Z1 Gulf-to-Bay Boulevard
(False Alarm)
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Officer Charles Dunn stated courtesy warnings were issued on November 29
and December 17, 1988 and a false alarm occurred on January 9, 1989. He stated
he contacted the Secretary of State to determine who is the president of the
company.
The Assistant City A~torney requested the Board take judicial notice of
Section 94.02 of the City Code.
City submitted exhibit A, an affidavit of no contest signed by Paul
Rothman, President of Associated Hosto of Florida, Inc.
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Mr. Angelis moved to accept the affidavit of no contest.
duly seconded and carried unanimously.
The motion was
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Mr. Cardinal moved that concerning Case No. 26-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2721 Gulf-to-Bay
Blvd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 22nd day of February,
1989, and based on the evidence, the M~nicipal Code Enforcement Board enters the
following Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact arel after hearing testimony of Officer Charles Dunn
and viewing the evidence, exhibits submitted. City exhibit A, an affidavit signed
by Paul Rothman, it is evident the Clearwater Police Department has 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 Law arel Bombay Bicycle Club Cafe and Bar is in
violation of Section 94.02.
It is the Order of this Board that Bombay Bicycle Club Cafe and Bar shall
take corrective action to ensure that no additional violations of Section 94.02
of the Code of the City of Clearwater occur at 2721 Gulf-to-Bay Blvd.,
Clearwater, Fla. after February 23, 1989. Should the violation reoccur after
February 23, 1989, the Board has the authority to impose a fine of up to $250.00
for each additional false ala~ 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 22nd day of February, 1989.
Case No. 27-89
Morrisons Incorporated
1315 Cleveland Street
(False A.larm)
Officer Dunn stated courtesy warnings were issued December 21 and 27, 1988
and a false alarm occurred on January 10, 1989.
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William A.uclaire, Manager of MorriaonB, Inc., stated he has had many
problems with the alarm company. He stated he has cancelled service effective
March 1, 1989.
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2/22/89
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Mr. Murray moved that concerning Case No. 27-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1315 Cleveland
St., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 22nd 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 ares after hearing testimony of Officer Charles Dunn
and William Auclaire, representing Morrisons 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 are. Morrisons Incorporated is in violation of
Section 94.02..
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It is the Order of this Board that Morrisons Incorporated shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 1315 Cleveland St., Clearwater, Fla.
after March 1, 1989. Should the violation reoccur after March 1, 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 22.nd day of February, 1989.
Case No. 28-89
Dorothy Henriquez
716 Eldorado Avenue
(False Alarm)
The Secretary to the Board requested this case be continued to obtain
proper service.
Mr. Cardinal moved to continue Case No. 2.8-89 in order to obtain proper
service. The motion was duly seconded and carried unanimously.
Case No. 29-89
Key West Grill, Inc.
2.660 Gulf-to-Bay Boulevard
(False Alarm)
Mr. Murray moved to continue Case No. 29-89 in order to obtain proper
service. The motion was duly seconded and carried unanimously.
Case No. 30-89
R.obert Coleman
801 Snug Island
(False Alarm)
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Officer Dunn stated two courtesy warnings were issued November 25 and
December 13, 1988, and a false alarm occurred on January 17, 1989.
Mr. Coleman was not present but did return an affidavit of no contest.
The Assistant City Attorney requested the Board take judicial notice of
Section 94.02 of the City Code.
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