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MUNICIPAL CODE ENFORCEMENT BOARD
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Meeting of March 22, 1989, 3:00 p.m.
Agenda
Action
PUBLIC HEARINGS
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(At the time a case is heard and date set for compliance the Board shall, at the same
timet set the fee to be assessed in case of non-compliance.)
Lot Clearing List 89-3-2
Item II
Richard M. Lennon
1101-1115 Lakeview Rd.
Lots 1-5 & 15, Blk. A
Lakeview Heights Sub.
Comply within 10 days
(4/03/89)
Case No.
28-89
Dorothy Henriquez
(False Alarms)
cont. from 2/22/89
Comply by 3/23/89
Case No. 37-89
Case No. 38-89
Ocase No. 39-89
Case No. 40-89
Case No. 41-89
Case No. 42-89
Florida National Bank
(False Alarms)
Comply by 3/23/89
John Hurley
(False Alarms)
Comply by 3/23/89
Bay Petroleum, Inc.
dba Gulf-to-Bay Shell
(False Alarms)
Continued to obtain
proper serv ice .
Ann Loughridge Kerr
(False Alarms)
Comply by 3/23/89
Shorts, Inc.
(False Alarms)
Dismissed
J. P. Hotels dba
Holiday Inn Surfside
(False Alarms)
Comp1r by 3/23/89
Case No.
43-89
Mas One Limited, Partnership
(Fa lse Alarms)
Comply by 3/23/89
UNFINISHED BUSINESS
Case No.
Case No.
126-88
127-88
Michael Podniestrzanski
(Development Code)
Address Board re fines
No action taken
Case No. 121-88
Cyprion Enterprises, Inc.
dba LaRose Gourmet Restaurant
(Development Code)
Affidavit of Compliance
Accepted affidavit
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Mr. Angelis moved that concerning Case No.1, List 89-3-2, regarding
violation of Section 95.04 on property located at 1101-1115 lakeview R.,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 22nd day of March, 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 Vernon Packer,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit
A, a photograph of the property, it is evident there exists excessive growth
and/or accumulation of weeds and the accumulation of debris as defined by the
City Code at the above address.
The Conclusions of Law are: Richard Lennon is in violation of Section
95,04.
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It is the Order of this Board that Richard Lennon shall comply with Section
95.04 of the Code of the City of Clearwater within 10 days (4/3/89), Upon
failure to comply within the 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 Richard lennon. 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 $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 determine, 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, Richard Lennon 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.
Done and Ordered this 22nd day of March, 1989.
Dorothy Henriquez
716 Eldorado Ave.
(False Alarms); cant. from 2/22/89
Officer Charles Dunn, Clearwater Police Department, stated he verified
ownership of the property through the County Property Appraiser's Office. He
stated courtesy warnings were sent on December 23 and 29, 1988, and a false alarm
occurred on January 6, 1989, He stated the problem seemed to be mechanical.
Case No. 28-89
Don Guckian of Sonitrol, Inc., representing Ms. Henriquez, stated it is a
new system and there were some mechanical and operational problems. He stated
the system has been working properly the past couple of months.
Officer Dunn concurred there have been no problems lately.
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Mr. Cardinal moved that concerning Case No. 28-89 regarding violation of
Section 94.02 of the City Code on property located at 716 Eldorado Ave.,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 22nd day of March, 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 Charles Dunn,
Clearwater Police Department, and Don Guckian, representing Ms. Henriquez, 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: Dorothy Henriquez is in violation of Section
94.02.
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It is the Order of this Board that Dorothy Henriquez shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of
the City of Clearwater occur at 716 Eldorado Ave., Clearwater after March 23.
1989. Should the violation reoccur after March 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 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 22nd day of March, 1989.
Case No. 37-89
Florida National Bank
1971 Sunset Point Road
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent December 21 and 30, 1988 and a false alarm occurred on January
15, 1989. He stated there was no obvious reason for the alarm and the subscriber
did not respond.
William McCann, Security Officer for Florida National Bank, stated the bank
is closed, the alarm company could not find the problem and the service has since
been disconnected. He stated the property is being sold as a gas station.
Mr, Murray moved that concerning Case No. 37-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1971 Sunset
Point Road, Clearwater, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 22nd day of March, 1989,
and based on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Concl~sions of law. and Order.
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The Findings of Fact are: after hearing testimony of Officer Charles Dunn,
Clearwater Police Department, a d William McCann, Security Officer for Florida
National Bank, and viewing the vidence, submitted, it is evident the Clearwater
Police Department has mailed tw courtesy warnings within a one-year period and a
false alarm occurred after the ate of the second courtesy warning and within one
year of the date of the first curtesy warning.
The Conclusions of Law ar : Florida National Bank is in violation of
Section 94.02.
It is the Order of this Bard that Florida National Bank shall take
corrective action to ensure tha no additional violations of Section 94.02 of the
Code of the City of Clearwater ccur at 1971 Sunset Point Road after March 23.
1989. Should the violation reo cur after March 23, 1989, the Board has the
authority to impose a fine of u to $250.00 for each additional false alarm
occurring within one year from he date the first courtesy warning was mailed.
If the Board imposes a fine, a ertified copy of the Order imposing the fine may
be recorded in the public recor s of Pinellas County, Florida, and once recorded
shall constitute a lien against any real or personal property owned by the
violator pursuant to Chapter 16 , Florida Statutes. The motion was duly seconded
and carried unanimously.
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Done and Ordered this 22nd day
1989.
Case No, 38-89
John Hu ley
32 leew rd Isle
(False larms)
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There was no one present to represent Mr. Hurley.
The Assistant City Attorn y requested the Board take judicial notice that a
Notice of Violation and Notice f Hearing were sent certified mail and signed for
by Mr. Hurley.
Officer Charles Dunn, Cle
courtesy warnings on December 2
occurred on January 28, 1989.
there was no response by the su
rwater Police Department, stated he mailed
, 1988 and January 9, 1989 and a false alarm
e stated the reason for the alarm was unknown
scri ber.
and
Mr. Angel is moved that co cerning Case No, 38-89 regarding violation of
Section 94.02 of the Clearwate~ City Code on property located at 32 leeward
Isle, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 22nd day of March, 1989,
and based on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Co~clusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Officer Charles Dunn,
Clearwater Police Department, and viewing the evidence, it is evident Officer
Dunn has mailed two courtesy w rnings 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 war ing.
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The COllclusions of law are: John Hurley is in violation of Section 94.02,
It is the Order of this Board that John Hurley shall take corrective action
to ensure that no additional violations of Section 94.02 of the Code of the City
of Clearwater occur at 32 Leeward Isle after March 23. 1989. Should the
violation reoccur after March 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 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 March, 1989.
Bay Petroleum, Inc. d/b/a Gulf-to-Bay Shell
1551 Gulf-to-Bay Blvd.
(False Alarms)
Mr, Cardinal moved to continue Case No. 39-89 in order to obtain proper
service of the Notice of Hearing. The motion was duly seconded and carried
unanimously.
Case No. 39-89
Case No. 40-89
Ann Loughridge Kerr
425 South Garden Avenue
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy
warnings January 7 and 11, 1989 and a false alarm occurred on January 20, 1989.
The Assistant City Attorney requested the Board take judicial notice of an
Affidavit of No Contest signed by Ms. Kerr.
Mr. Cardinal moved that concerning Case No. 40-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 425 South Garden
Avenue, Clearwater, Fla., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 22nd day of
March, 1989, and based on the evidence, the Municipal Code Enforc~ment Board
enters the following Findings of Fact, Conclusions of law, and Order.
The Findings of Fact are: after hearing testimony of Officer Charles Dunn,
Clearwater Police Department, receiving an Affidavit of No Contest signed by Ms.
Kerr 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: Ann Loughridge Kerr is in violation of Section
911-.02.
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It is the Order of this Board that Ann Loughridge Kerr shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 425 South Garden Avenue after March 23,
1989. Should the violation reoccur after March 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 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 March, 1989,
Case No. 41-89
Shorts, Inc.
H117 Countryside Mall, 2601 U.S. 19 North
(False Alarms)
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Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent December 1 and 29, 1988 and a false alarm occurred January 17,
1989. He stated the officer who responded to the alarm reported it as a
mechanical problem.
William Short, Jr., owner, stated the false alarms did occur, he contacted
the alarm company, and after the second alarm he had a new system installed. He
stated after the third false alarm, the system was reprogrammed and there have
been no violations since. In response to a question, Mr. Short stated the system
was installed within 30 days of the last false alarm.
The Assistant City Attorney requested this case be dismissed,
Mr. Murray moved to dismiss Case No. 41-89. The motion was duly seconded
and carried unanimously.
Case No. 42-89
J. P. Hotels, Inc. d/b/a Holiday Inn Surfside
400 Mandalay Avenue
(False Alarms)
Jeff Daniels, Fire Inspector, stated courtesy warnings were sent on
November 23, 1988 and February 6, 1989 and a false alarm occurred 'on February 15,
1989. He stated there was no reason for the alarm, and the Fire Department has
responded five more times since the February 15 occurrence, all of which were
determined as false alarms.
Darryl Saylor, representing J. P. Hotels, stated the alarm system is
checked every six months by an outside company and they do in-house inspections
and fire drills every month. He stated they removed a three minute delay from
the system six months ago at the recommendation of the Fire Department. Mr.
Saylor stated they have changed the sensitivity on smoke detectors, put boxes
over pull stations and the alarm company is implementing a silence mode to the
system. In response to a question, Mr. Saylor stated the general alarm will
sound on the floors directly below and above the alarm, and the Fire Department
is automatically called for every alarm.
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Mr. Murray moved that concerning Case No. 42-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 400 Mandalay
Ave., Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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 Jeff Daniels, Fire
Inspector, and Darryl Saylor, Regional Vice President, and viewing the evidence,
it is evident the Clearwater Fire 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: J. p, Hotels dba Holiday Inn Surfside is in
violation of Section 94.02.
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It is the Order of this Board that J. P. Hotels dba Holiday Inn Surfside
shall take corrective action to ensure that no additional violations of Section
94.02 of the Code of the City of Clearwater occur at 400 Mandalay Avenue after
March 23. 1989. Should the violation reoccur after March 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 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 22nd day of March, 1989.
Case No. 43-89
Mas One Limited, Partnership
600 Cleveland Street
(False Alarms)
Peter M. Perhach, representing the managing company of Mas One Limited,
Partnership, stated the problem is with a passageway door on Garden Street
utilizing a card access system. He stated the alarm had a 30 second delay before
sounding which was not enough time for cleaning people and people entering or
leaving Harbor Club parties. Mr. Perhach stated the delay was changed to 60
seconds after which more alarms occurred. He stated the alarm will now be off
until 10 or 11 p.m., the timer will be set at two minutes, a sign will be posted
by the door regarding closing the door within a certain length of time and during
parties, a security guard will be posted at the door to make sure it is closed
quickly. He stated a new computer board was installed which may have something
to do with the alarms and they are working with National Guardian to correct the
problem.
Officer Dunn stated this address had approximately 40 false alarms since
November, 1988.
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Mr. Murray moved that concerning Case No. 43-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 600 Cleveland
Street, Clearwater, Fla. I the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 22nd day of
March, 1989, and based 00 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 Charles Dunn,
Clearwater Police Department and Peter M. Perhach, representing Mas One Limited,
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: Mas One Limited, Partnership is in violation of
Section 94.02.
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It is the Order of this Board that Mas One Limited, Partnership shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 600 Cleveland Street after March 23.
1989. Should the violation reoccur after March 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 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 March, 1989.
UNFINISHED BUSINESS
Case No. 126-87
Case No. 127-87
Michael Podniestrzanski
(Development Code)
address Board re fines
As Mr. Podniestrzanski was not present, it was the consensus of the Board
to reschedule if requested.
Case No. 121-88
Cyprion Enterprises, Inc.
d/b/a LaRose Gourmet Restaurant
(Development Code)
Affidavit of Compliance
Mr. Angel is moved to accept the Affidavit of Compliance in Case No. 121-88.
The motion was duly seconded and carried unanimously.
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