04/26/1989 (2)
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Discussion ensued regarding the effort taken to correct the situation and
the appropriate fine amount.
Mr. Angelis 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 26th day of April, 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 Thomas Coleman, District
Chief, Clearwater Fire Department and Doug Markhart, representing J.P. Hotels, Inc.,
and taking notice of prior proceedings at which time the Board issued an order, it
is evident that two (2) additional false alarms occurred after the compliance date
set by the Board and within one year of issuance of the first courtesy warning.
The Conclusions of Law are: J.P. Hotels, Inc. dba Holiday Inn Surfside has
not complied with the Order of the Municipal Code Enforcement Board of March 22,
1989.
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It is the Order of this Board that J.P. Hotels, Inc. dba Holiday Inn Surfside
shall pay a fine of .$25.00 for each of the two (2) additional false alarm
occurrences. If J.P. Hotels, Inc. dba Holiday Inn Surfside does not pay the fine,
a certified copy of this Order shall be recorded in the Public Records of the Office
of the Clerk of the Circuit Court in and for Pinellas County, 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 upon
the vote being taken, Messrs. Angelis, Cardinal, Elliott and Dallman voted Jlaye.1I
Mr. Aude voted IInay.1\ Motion carried.
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Done and Ordered this 26th day of April, 1989.
Case No. 48-89
Michael R. & John G. O'Connell
110 Brightwater Drive
(Occupational License)
There was no one present to represent the violator.
Stuart Williams, Occupational License Inspector, stated the business is rental
units of which there is a license fee of $25 per year for 2-5 units. He stated to
date the occupational license has not been renewed. Mr. Williams stated this late
renewal occurs yearly.
Mr. Aude moved that concerning Case No. 48-89 regarding violation of Sections
71.01 and 71.02 of the Clearwater City Code on property located at
110 Brightwater Dr. aka Bayside Sub., Lot 55, Palmtopper Condo 85-101, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 26th day of April, 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 Stuart Will iams,
Occupational License Inspector, and viewing the evidence, it is evident that Michael
R. and John G. O.Connell are operating a business without a City of Clearwater
~, occupational license.
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MCEB
2
4/26/89
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The Conclusions of Law are: Michael R. and John G. O'Connell are in violation
of Sections 71.01 and 71.02.
It is the Order of this Board that Michael R. and John G. O'Connell shall
comply with Sections 71.01 and 71.02 of the Code of the City of Clearwater by Mav
3. 1989. If Michael R. and John G. O'Connell do 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 Michael R. and John G. O'Connell do not comply
within the time specified, a certified copy of the Order imposing the fine may be
recorded in the Public Records of, Florida, and once recorded sh~ll constitute a
lien against any real or personal property owned by the violator pursuant to Chapter
162, Florida Statutes. Upon complying, Michael R. and John G. O'Connell shall
notify Stuart Williams, the City Official who shall inspect the property and notify
the Board of compliance. Should the violation reoccur, the Board has the authority
to impose the fine at that time without a subsequent 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 26th day of April, 1989.
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Case No. 49-89
Drew Garden Associates, Ltd.
2750 Drew Street
(False Alarm)
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Joseph Colbert, Fire Inspector, stated courtesy warnings were sent on December
7, 1988 and February 25, 1989 and a false alarm occurred on March 5, 1989 at which
time there was no evidence of unusual circumstances.
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James Pugh, Property Manager, acknowledged receipt of courtesy warnings and
the March 5th false alarm which was due to a faulty smoke detector. He stated a
physical inspection was done the following day and a certified contractor will
inspect for recertification within the next 30 days. In response to a question,
Mr. Pugh stated Reynolds Metals is the principal owner of the property.
Mr. Cardinal moved that concerning Case No. 49-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2750 Drew Street,
Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th day of April, 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 Joseph Colbert, Fire
Inspector, and James Pugh, representing Drew Gardens Assoc., Ltd., 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 warn ing and with in one year of the date of the first courtesy
warning.
The Conclusions of Law are: Drew Gardens Assoc., L td. ;s in v;o 1 at ion of
Section 94.02.
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MCEB
3
4/26/89
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It is the Order of this Board that Drew Gardens Assoc., Ltd. shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 2750 Drew St. after April 27. 1989.
Should the violation reoccur after April 27, 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 pu~suant to Chapter
162, Florida Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 26th day of April, 1989.
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Case No. 50-89
Michael Stegmayer
2645 N. Westchester Drive
(False Alarm)
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were issued on January 4,1989 for false alarm occurrences on December 31,1988 and
January 2, 1989, and a false alarm occurred on January 29, 1989.
City submitted exhibit A, an affidavit of no contest signed by Mr. Stegmayer.
Mr. Angelis moved that concerning Case No. 50-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2645 N. Westchester
Drive, Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 viewing the evidence, exhibits'submitted: City
exhibit A, an affidavit of no contest signed by Michael Stegmayer, 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: Michael Stegmayer is in violation of Section
94.02.
It is the Order of this Board that Michael Stegmayer shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 2645 N. Westchester Drive after April 27. 1989.
Should the violation reoccur after April 27, 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 26th day of April, 1989.
Case No. 51-89 Elefterios Kekllas
0 1641 Midnight Pass Way
, . (False Alarm)
MCEB 4 4/26/89
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent February 22nd and 23rd and a false alarm occurred on February 25, 1989.
City submitted exhibit A, an affidavit of no contest signed by Mr. Kekllas.
Mr. Cardinal moved that concerning Case NO. 51-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1641 Midnight Pass
Way, Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 26th day of April, 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 viewing the evidence, exhibits submitted: City
exhibit A, an affidavit of no contest signed by Elefterios Kekllas, it is evident
the Clearwater Police Department has mailed two courtesy warnings w,ithin 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: Elefterios Kekllas is in violation of Section
94.02.
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It is the Order of this Board that Elefterios Kekllas shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 1641 Midnight Pass Way after April 27. 1989. Should the
violation reoccur after April 27,1989, 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 26th day of April, 1989.
Case No. 52-89
Design I Jewelers, Inc.
2547 Countryside Blvd., #4
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent January 25 and February 12, 1989 and a false alarm occurred on February
9th. He stated one of the alarms was due to human error with no evidence of unusual
circumstances for any of the other occurrences.
Paul Potenza, Manager and part owner of Design I Jewelers, Inc., stated the
alarm system was inspected after each occurrence and the service reports indicate
equipment failure, beyond subscriber control. In response to a question, Mr.
Potenza stated a new motion detector was installed and adjustments were made to
the system. He stated he is pleased with maintenance and updating of the system
provided by the alarm company.
Mr. Cardinal suggested they allow 30 days from the date of adjustments to
the system to assure proper operation.
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MCEB
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4/26/89
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Mr. Aude moved that concerning Case No. 52-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 2547 Countryside Blvd.,
#4, Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Paul Potenza, co-owner of Design I Jewelers,
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 Design I Jewelers, Inc. is in violation of Section
94.02.
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It is the Order of this Board that Design I Jewelers, 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 2547 Countryside Blvd., #4 after Mav 26.
1989. Should the violation reoccur after May 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 26th day of April, 1989.
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Case No. 53-89
lakeside Christian School
897 Sunset Point Road
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent November 30 and December 12, 1988 and false alarms occurred on December
17, 1988, January 4 and February 5, 1989. He stated the February 5th occurrence
was a mechanical failure.
David Ray, Principal of lakeside Christian School, stated in November there
was a possible break in. He stated the alarm company has replaced several parts
and they have since removed the system. In response to a question, Mr. Ray stated
will not be replacing the system.
The Assistant City Attorney requested the case be dismissed based on the
testimony received.
Mr. Cardinal moved to dismiss Case No. 53-89. The motion was duly seconded
and carried unanimously.
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4/26/89
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Avis Rent A Car
907 Cleveland Street
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent January 30, 1989 for false alarm occurrences on January 24th and 25th,
and a false alarm occurred on February 2, 1989.
Case No. 54-89
City submitted exhibit A, an affidavit of no contest signed by the Manager
of the business.
Mr. Aude moved that concerning Case No. 54-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 907 Cleveland St.,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th day of April, 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 viewing the evidence, exhibits submitted: City
exhibit A, an affidavit of no contest signed by Barbara Weber, representing Avis
Rent-A-Car, 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: Avis Rent-A-Car is in violation of Section 94.02.
It is the Order of this Board that Avis Rent-A-Car shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 907 Cleveland Street after April 27. 1989. Should the
violation reoccur after April 27,1989, 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 26th day of April, 1989.
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Case No. 55-89
Direct Sources, Inc.
643 U.S. 19 North
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent on December 30, 1988 and January 12, 1989 and a false alarm occurred on
February 5, 1989, which was a mechanical failure.
No one was present to represent Direct Sources, Inc.
MCEB
4/26/89
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Mr. Angelis moved that concerning Case No. 55-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 643 U.S. 1~ North,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th day of April, 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 Pol ice Department, 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: Direct Sources, Inc. is in violation of Section
94.02.
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It is the Order of this Board that Direct Sources, 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 643 U.S. 19 North after April 27, 1989. Should the
violation reoccur after April 27, 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 26th day of April, 1989.
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Case No. 56-89
Citizens Federal Bank, F.S.B.
2112 Gulf to Bay Blvd.
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent November 30 and December 20, 1988 and a false alarm occurred on February
10, 1989 which was due to human error.
Terry Sanders, Regional Vice-President for Citizens Federal Bank, stated he
admits to the false alarm occurrences. He stated since 1981 the alarm system has
been checked weekly and verified to be in good repair. He stated they have changed
alarm companies and will have a new system on line by June 1, 1989.
Discussion ensued regarding time frame for compl iance due to new installation.
It was stated if allowed until June, the faulty system wi 11 still be in use until
that time.
Mr. Cardinal moved that concerning Case No. 56-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2112 Gulf-to-Bay
Blvd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Charles Dunn,
Clearwater Police Department and Terry Sanders, representing Citizens Federal 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: Citizens Federal Bank, a Federal Savings Bank is
in violation of Section 94.02.
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It is the Order of this Board that Citizens Federal Bank shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 2112 Gulf-to-Bay Boulevard after Apri 1 27 I 1989. Should
the violation reoccur after April 27, }989, 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 26th day of April, }989.
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Case No. 57-89
Clearwater Automotive
205 S. Greenwood Avenue
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent December 12, 1988 and January 25, }989 and a false alarm occurred on
~ February 16, 1989.
Joel Kehrer, co-owner of Clearwater Automotive, stated they do not have false
alarms. He stated they have had many break-ins and those persons would hide in cars
when the police respond and search the premises. Mr. Kehrer stated when the Police
Department responds, they only check one location of the four acre parcel. He
stated several people were caught with merchandise stolen from the business. Mr.
Kehrer stated only the office and warehouse are alarmed. Sonitrol; the contracted
alarm company, regularly maintains the system and upon inspection after each
occurrence, find nothing wrong with the system.
Officer Dunn stated there has not been any evidence of forced entry. He
stated on one occasion, the subscriber did not show and the police can not enter
the premises without the subscriber being present.
In response to questions, Mr. Kehrer stated it is impossible to take inventory
da i ly, and therefore they do not file a po 1 ice report. He stated the only
mechanical problem he is aware of has been when they could not set the alarm. He
stated police records will indicate the number of burglaries at his business.
Mr. Cardinal stated valid points have been raised by Mr. Kehrer and, in his
opinion, the City has not proven there is a violation.
It was suggested that if the problem is due to the nature of the business,
something should be worked out with the Police Department.
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MCEB
9
4/26/89
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Mr. Angelis moved that concerning Case No. 57-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 205 S. Greenwood
Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Oepartment, and Joel Kehrer, representing Clearwater Automotive,
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: Clearwater Automotive is in violation of Section
94.02.
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Case No.
58-89
Silverberg Jewelry Company
390 U.S. 19 North, #F
(False Alarm)
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It is the Order of this Board that Clearwater Automotive shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 205 S. Greenwood Avenue after April 27, 1989. Should
the violation reoccur after April 27. 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 upon the vote being taken,
Messrs. Angel is, Elliott, Aude and Dallman voted "aye." Mr. Cardinal voted IInay."
Motion carried.
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Done and Ordered this 26th day of April, 1989.
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There was no one present to represent Silverberg Jewelry Company.
Officer Charles Dunn. Clearwater Police Department, stated courtesy warnings
were sent on November 28, 1988 and February 17, 1989 and a false alarm occurred
February 24, 1989.
City submitted exhibit A, a copy of all alarm reports and ceurtesy warnings
sent as submitted by Officer Charles Ounn as custodian of such records.
Mr. Aude moved that concerning Case No. 58-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 390 U.S. 19 North, IF,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th day of April, 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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10
4/26/89
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The Findings of Fact are: after hearing testimony of Officer Charles Dunn,
Clearwater Police Department, and viewing the evidence, exhibits submitted: City
exhibit A, copies of false alarm reports and courtesy warnings sent to the violator,
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: Silverberg Jewelry Company is in violation of
Section 94.02.
It is the Order of this Board that Silverberg Jewelry Company shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 390 U.S. 19 North, #F after Aoril 27. 1989.
Should the violation reoccur after April 27, 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 26th day of April, 1989.
Chevy's of Clearwater, Inc. dba Biarritz the Nightclub
1730 U.S. 19 North, #416
(False Alarm)
The Secretary informed the Board service of the Notice of Hearing was not
obtained.
Case No. 59-89
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Mr. Cardinal moved to continue Case No. 59-89 in order to obtain proper
service. The motion was duly seconded and carried unanimously.
Cinevision Corporation
616 "E" Street
(Life Safety Code)
Karl Whittleton, Life Hazard Safety Inspector, stated he verified ownership
with the property appraiser's office, and Jane Keeney is listed as the Registered
Agent for the corporation. He stated life Safety Code 101 is incorporated into
the City Code by Section 93.21.
Case No. 60-89
The Assistant City Attorney requested the Board take judicial notice of City
Code Section 93.21.
In response to questions, Inspector Whittleton stated the property was a four
building complex which has been subdivided; this building is one story and
classified as industrial use. He stated the business utilizes flammable chemicals,
the building is about eight years old and does have a sprinkler system, but requires
a siamese connection for Fire Department backup. He has continuously tried to get
compliance and the siamese connection is easy to install. He stated he has issued
eight other notices of violation. .
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MCEB
11
4/26/89
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Mr. Cardinal moved that concerning Case No. 60-89 regarding violation of
Sections 7-7.1. 28-3.2. NFPA 101 and 2-7. NFPA 13, as adopted by Section 93.21 of
the Clearwater City Code on property located at 616 IIEII Street, Clearwater, Fla.,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 26th day of April, 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 Karl Whittleton, Life
Hazard Safety Inspector, and taking notice of NFPA Life Safety Code, it is evident
that a siamese Fire Department connector is required but does not exist.
The Conclusions of law are: Cinevision Corporation is in violation of Sections
7-7.1, 28-3.2 NFPA 101 and Section 2-7, NFPA 13, as adopted by the Clearwater City
Code.
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It is the Order of this Board that Cinevision Corporation shall comply with
Sections 7-7.1, 28-3.2, NFPA 101 and 2-7, NFPA 13, as adopted by the Code of the
City of Clearwater by May 16. 1989. If Cinevision Corporation does not comply
within the time specified, the Board may order them to pay a fine of $75.00 per
day for each day the violation continues to exist. If Cinevision Corporation does
not comply within the time specified, a certified copy of the Order imposing the
fine may be recorded in the Public Records of, 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, Cinevision Corporation
shall notify Karl Whittleton, the City Official who shall inspect the property and
notify the Board of compliance. Should the violation reoccur, the Board has the
authority to impose the fine at that time without a subsequent 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 26th day of April, 1989.
UNFINISHED BUSINESS
Case No. 9-89
Drakeford, Inc.
1594 S. Myrtle Avenue
(Life Safety Code)
Affidavit of Compliance
Mr. Dallman moved to accept the Affidavit of Compliance in Case No. 9-89.
The motion was duly seconded and carried unanimously.
Case No. 126-88
Case No. 127-88
Michael Podniestrzanski
500 and 1216 N. Ft. Harrison Ave.
Discussion re compliance/fine
The Assistant City Attorney stated Carol Cicero, Development Code Inspector,
informed him that the properties in question were not in compliance four days past
the date set by the Board. He stated Mr. Podniestrzanski is willing to pay $250
total for both cases at this time.
Mr. Angel is moved to accept the $250 as full payment for Cases 126 and
127-88 payable immediately. The motion was duly seconded and carried unanimously.
G
MCEB
12
4/26/89
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