05/24/1989 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
G
Meeting of May 24, 1989, 3:00 p.m.
Agenda
Act ion'
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PUBLIC HEARINGS
(At the time a case is heard and
time, set the fee to be assessed
date set for compliance the Board shall,
in case of non-compliance.)
at the
same
Public Nuisance Clearing List 89-5-2
Item No. 1 Lela Boykin Estate Comply within 7 days
Springfield Sub. (5/31/89)
Blk. 2, Lot 5
aka 1028 N. Missouri Ave.
Case No. 28-89 Dorothy Henriquez Issued order imposing fine
716 Eldorado Avenue
(False Alarms)
Case No. 42-89 J.P. Hotels dba Issued order imposing fine
Holiday Inn Surfside
400 Mandalay Avenue
(False Alarms)
Ocase No. 59-89 Chevy.s of Clearwater dba Withdrawn
Biarritz the Nightclub
1730 U.S. 19 North, #416
(False Alarms)
Case No. 62-89 Aetna Life and Casualty Comply by 5/26/89
2280 U.S. 19 North, Suite 165
(False Alarms)
Case No. 63-89 Ivey's Comply by 5/26/89
#162 Clearwater Mall
(False Alarms)
Case No. 64-89 Landmark Towers Comply by 6/24/89
1230 Gulf Boulevard
(False Alarms)
Case No. 65-89 T-Shirt Outlet Plus Cancelled
432 Poinsettia Ave., #1
(False Alarms) Cancelled
Case No. 66-89 Crossland Savings Comply by 5/26/89
1831 North Hi~hland Avenue
(False Alarms
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MUNICIPAL CODE ENFORCEMENT BOARD
May 24, 1989
Members present:
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Robert Aude, Vice-Chairman
James Angelis
Bruce Cardinal
William Murray
Wi 11 iam Zinzow
Absent:
Phillip N. Elliott, Chairman (excused)
Michael Dallman (excused)
Also present:
Rob Surette, Assistant City Attorney
Mary K. Diana, Secretary for the Board
In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
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The meeting was called to order by the Chairman at 3:00 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and advised any
aggrieved party may appeal a final administrative order of the Municipal Code
Enforcement Board to the Circuit Court of Pinellas County. Any such appeal mus~
be filed within thirty (30) days of the execution of the order to be appealed.
He noted that Florida Statute 286.0105 requires any party appealing a decision of
this Board to have a record of the proceedings to support such an appeal.
PUBLIC HEARINGS
Public Nuisance/ClearinQ list 89-5-2
Item #1
lela Boykin Estate C/O Einstein Boykin
Springfield Sub., Blk. 2, Lot 5
aka about 1028 N. Missouri Avenue
No one was present to represent the violator.
Vernon Packer, Sanitation Inspector, stated the property was posted April
21, 1989 at which time a photograph was taken showing debris, high vegetation and
a deteriorated structure. Ownership was verified through the Property
Appraiser's Office and notice was sent by certified mail of which the return
receipt was received. Mr. Packer stated there was debris in the form of old
furniture, concrete blocks, and wood.
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The Assistant City Attorney requested the Board take judicial notice of
Section 95.04.
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Mr. Packer stated as of this morning, the violation still exists. In
response to a question, he stated there are liens currently on the property.
Mr. Cardinal moved that concerning Item No.1, List 89-5-2, regarding
violation of Chapter 95 of the Clearwater City Code on property located at
about 1028 N. Missouri Ave. aka Springfield Sub., Blk 2, Lot 5, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held the 24th day of May, 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
composite exhibit A, two photographs of the property, it is evident that there
exists the excessive growth or accumulation of weeds, undergrowth or other
similar plant materials and the accumulation of debris at the above address.
The Conclusions of law are: the Lela Bovkin estate C/O Einstein Boykin is
in violation of Section 95.04.
It is the Order of this Board that Einstein Boykin shall comply with
Section 95.04 of the Code of the City of Clearwater within 7 days (5/31/89).
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 Einstein Bovkin. 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, Einstein Boykin 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 24th day of May, 1989.
Case No. 28-89
Dorothy Henriquez
716 Eldorado Avenue
(False Alarms)
No one was present to represent Ms. Henriquez.
Officer Charles Dunn, Clearwater Police Department, stated the first
courtesy warnings were sent December 22 and 28, 1988. He stated a false alarm
occurred on April 7, 1989 for which there was no evidence of criminal activity.
City submitted exhibit A, a copy of the Board's Order of March 22, 1989.
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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., the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 24th day of May, 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, Life
Hazard Safety Inspector, and Ray Fowler, representing J.P. Hotels, Inc., and
viewing the evidence, exhibits submitted: City exhibits A & B, copies of orders
of the Board of prior proceedings, and exhibit C, a copy of the Clearwater Fire
Department alarm report of April 30, it is evident that a third false alarm
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. shall pay a fine of
$25.00 for the third false alarm which occurred after the compliance date ordered
by the Board March 22, 1989, with the condition that the $50.00 fine currently
due the City be paid within five days. If the fine is not paid within five days,
the fine issued by this order regarding the third false alarm shall be increased
to $250.00. 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 purS~3nt to Chapter 162, Florida Statutes. The motion was duly
seconded and carried unanimo~~ly.
Done and Ordered this 24th day of Mav, 1989.
Chevy's of Clearwater dba Biarritz the Nightclub
1730 U.S. 19 North, #416
(False Alarms)
The Assistant City Attorney requested this case be withdrawn due to a
problem regarding the courtesy warnings.
Case No. 59-89
Mr. Cardinal moved to withdraw Case No. 59-89. The motion was duly seconded
and carried unanimously.
Case No. 62-89
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Aetna Life and Casualty
2280 U.S. 19 North, Suite 165
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent December 4 and 28, 1988 and a false alarm occurred January 9,
1989. City submitted exhibit A, an Affidavit of No Contest signed by Robert
Grathworth, Manager of Aetna Life and Casualty. He stated another alarm occurred
January 23rd for which the cause is unknown.
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Mr. Cardinal moved that concerning Case No. 28-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 716 Eldorado
Avenue, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 24th day of Mav, 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 taking notice of a prior proceeding at which
time the Board issued an order, it is evident that another false alarm 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: Dorothy Henriquez has not complied with the
Order of the Municipai Code Enforcement Board of March 22, 1989.
It is the Order of this Board that Dorothy Henriquez shall pay a fine of
~50.00 for the false alarm which occurred after the compliance date ordered by
the Board March 22, 1989. If Dorothy Henriquez 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 carried unanimously.
Done and Ordered this 24th day of Mav, 1989.
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Case No. 42-89
J.P. Hotels dba Holiday Inn Surfside
400 Mandalay Avenue
(False Alarms)
The Assistant City Attorney requested the Board take judicial notice of two
previous orders of the Board of March 24 and April 27, 1989.
Joe Colbert, Life Hazard Safety Inspector, stated another false alarm
occurred April 30, 1989 for which there was no evidence of any circumstances that
could have caused the alarm. In response to a question, Inspector Colbert stated
he is the official record keeper of false alarm reports.
Ray Fowler, representing J.P. Hotels, questioned the validity of the false
alarm and stated the detector has been reset and there have been no further
occurrences. Mr. Fowler stated an outside engineering firm has checked the
system and the necessary repairs should be made within 90 days. In response to a
question, Mr. Fowler stated the system problems did not cause the false alarm to
occur. He stated this alarm has a sensitivity level of 2-3% obscuration and a
problem exists in locating a detector compatible with the system.
In response to questions, Inspector Colbert stated they are working on
correcting the problems with the system. He stated there have been no false
alarms since April 29 and believes the use of lower sensitivity detectors would
reduce false alarm occurrences.
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Mr. Angelis moved that concerning Case NO. 62-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2280 U.S. 19 N.,
Suite 165, Clearwater, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 24th day of Mav, 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 Robert Grathworth as Manager of
Aetna Life and Casualty, 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: Aetna Life and Casual tv is in violation of
Section 94.02.
It is the Order of this Board that Aetna Life and Casualty shall take
corrective action to ensure that no additional violations of Section 94.02 of the
Code of the City of Clearwater occur at 2280 U.S. 19 N., Suite 165 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.
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Done and Ordered this 24th day of Mav, 1989.
Case No. 63-89
Ivey's
#162 Clearwater Mall
(False Alarms)
No one was present to represent Ivey's.
Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent December 6, 1988 and January 5, 1989 and a false alarm
occurred January 19th. The false alarm report showed the third alarm to have
been caused by a mechanical problem. According to security, Ivey's is in the
process of changing systems at all locations.
Mr. Murray moved that concerning Case No. 63-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 162 Clearwater
Mall, 505 U.S. 19 S., Clearwater, Fla., the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 24th day
of May, 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 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: Ivev.s is in violation of Section 94.02.
It is the Order of this Board that Ivey's shall take corrective action to
ensure that no additional violations of Section 94.02 of the Code of the City of
Clearwater occur at 162 Clearwater Mall, 505 U.S. 19 S. 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.
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Done and Ordered this 24th day of Mav, 1989.
Case No. 64-89
Landmark Towers Condominium Assoc.
1230 Gulf Boulevard
(False Alarms)
Joseph Colbert, Life Hazard Safety Inspector, stated a courtesy warning
sent on March 7, 1989 regarding two false alarm occurrences on March 3 and a
third false alarm occurred on April 15, 1989.
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Doug Baier of PCM Management, representing Landmark Towers Condominium
Association, stated rain comes in the air conditioning system louvers and
triggers the smoke detector. He stated they have a contract with Simplex to
monitor and correct problems with the system.
Discussion ensued regarding weather conditions possibly causing the false
alarms and the false alarm reports indicated that the weather had been mostly
clear during that period.
Mr. Murray moved that concerning Case No. 64-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1230 Gulf
Boulevard, Clearwater, Fla., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 24th day of
Mav, 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, Life
Hazard Safety Inspector, and Doug Baier, Property Manager for PCM Management, and
viewing the evidence, it is evident the Clearwater Police Department has mailed a
courtesy warning referencing two false alarms 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 are: Landmark Towers Condominium Association is in
violation of Section 94.02.
It is the Order of this Board that Landmark Towers Condominium Association
shall take corrective action to ensure that no additional violations of Section
94.02 of the Code of the City of Clearwater occur at 1230 Gulf Boulevard after -
June 24. 1989. Should the violation reoccur after June 24, 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 24th day of ~, 1989.
Case No. 65-89
T-Shirt Outlet Plus
432 Poinsettia Ave., #1
(False Alarms)
CANCELLED
Case No. 66-89
Crossland Savings
1831 North Highland Ave.
(False Alarms)
There was no one present to represent Crossland Savings.
Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent January 27 and February 15, 1989 and a false alarm occurred
March 7. The false alarm report states the cause was a mechanical problem.
City submitted exhibit A, an Affidavit of No Contest signed by Brenda H. Johnson,
Assistant Vice President of Crossland Savings.
Mr. Zinzow moved that concerning Case No. 66-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1831 N. Highland
Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 24t~ day of Mav, 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 Brenda Johnson, Assistant Vice-
President of Crossland Savings, 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: Crossland SavinQs is in violation of Section
94.02.
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It is the Order of this Board that Crossland Savings shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of
the City of Clearwater occur at 1831 N. Highland Avenue 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 24th day of Mav, 1989.
Michael Angelo Jewelers
1935 U.S. 19 North
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent regarding false alarms which occurred January 26 and February
22, 1989 and a third alarm occurred March 23rd. The false alarm report showed no
evidence of criminal activity and the subscriber did not respond.
Case No. 67-89
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Angelo Dunlaris, representing Michael Angelo Jewelers, stated the alarm
company tried adjusting the system, found it to be defective and replaced it.
After a rain storm, the ceiling fell in due to a leaking roof and the dripping
rain set off the motion detector. In response to a question, he stated the
holdup alarms were replaced about March 1, 1989.
The Assistant City Attorney requested this case be withdrawn based on the
testimony received.
Mr. Murray moved to withdraw Case No. 67-89. The motion was duly seconded
and carried unanimously.
Case No. 68-89
Consolidated Southern Security dba
Dictograph Allguard Alarms, Inc.
520 Howard Court
(False Alarms)
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Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent January 26 and February 15, and a false alarm occurred
February 25, 1989, which was determined to be caused by human error.
Les Wansley, representing Consolidated Southern Security, stated they do
not dispute the report that there were false alarm occurrences.
Mr. Cardinal moved that concerning Case No. 68-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 520 Howard
Court, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 24th day of Mav, 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 Les Wansley, representing Consolidated Southern
Security, 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: Consolidated Southern Security dba Dictoaraoh
AllQuard Alarms. Inc. is in violation of Section 94.02.
It is the Order of this Board that Consolidated Southern Security dba
Dictograph 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 520
Howard Court after Mav 25. 1989. Should the violation reoccur after May 25,
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 24th day of Mav, 1989.
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Sears Roebuck and Company
2601 U.S. 19 North, #145
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent December 30, 1988 and January 19, 1989 and a third alarm
occurred March 20, 1989. Two of the alarms were intrusion and one a holdup
alarm. There was no evidence of attempted entry, criminal activity or other
causes for the alarms.
Case No. 69-89
Jim McCurtain, Jr., Manager of Sears, stated they have a sophisticated
alarm system which is checked monthly. The alarm is set up each night and the
building secured. Every precaution possible is being taken to keep the alarm
working properly. In response to a question, Mr. McCurtain stated the roof alarm
cannot be set if the door is not closed.
~
V
Mr. Angelis moved that concerning Case No. 69-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2601 U.S. 19 N.,
#145, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 24th day of Mav, 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 Jim McCurtain, Manager for Sears Roebuck and
Company, 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.
MCEB
9
5/24/89
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~ The Conclusions of law are: Sears Roebuck and Company is in violation of
0) Section 94.02.
It is the Order of this Board that Sears Roebuck and 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 2601 U.S. 19 N., #145 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 24th day of Mav, 1989_.
Case No. 70-89
Florida National Bank
2140 Gulf-to-Bay Blvd.
(False Alarms)
C'\
V
Officer Dunn, Clearwater Police Department, stated courtesy warnings were
sent January 25 and March 26, and a false alarm occurred March 23, 1989. He
stated the cleaning crew set off the third alarm. There were additional alarms
for which the cause was unknown.
William McCann, representing Florida National Bank, stated a new monitoring
system utilizing passwords and time limits was installed March 21st, and the
employees are learning the operation of the system.
The Assistant City Attorney requested the case be withdrawn as the system
was changed prior to the third alarm.
Mr. Cardinal moved to withdraw Case No. 70-89. The motion was duly
seconded and carried unanimously.
Paul R. and Wanda J. Nixon
1800 N. Fort Harrison Ave.
(Development Code)
Geri Doherty, Development Code Inspector, stated she observed the outdoor
retail sales display, consisting of a rack of t-shirts and a giant t-shirt on top
of the sign, and issued a notice of violation April 21, 1989. City submitted
composite exhibit A, two photographs of the property showing the outdoor display.
Ms. Doherty stated the property is zoned CR-24 , Resort Commercial, and does not
allow outdoor retail sales either as a permitted or conditional use.
Case No. 71-89
The Assistant City Attorney requested the Board take judicial notice of
Section 135.004(b).
e
MCEB
10
5/24/89
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Ms. Doherty stated a notice was issued with a compliance date of April 27,
1989 and the violation still existed on May 2, 1989. She stated the violation
had been corrected as of this morning.
The Assistant City Attorney expressed concern that the violators are
circumventing the system by correcting the violations just prior to the hearing.
He informed the Board that an order can be issued without a fine stating the
violation of fact.
Wanda Nixon questioned the granting of a license by the City to Mary
Hughes, the operator of the t-shirt sales. Ms. Hughes stated she informed the
City there would be outside sales. She stated she had been asked by staff if she
intended to renew her occupational license.
Ms. Doherty stated a merchant license was issued for 1806 N. Ft. Harrison
Ave. and there was 110 note of outdoor sales. In response to a question, she
stated indoor retail sales would be a permitted use.
Ms. Hughes and Mrs. Nixon emphasized they are not purposely evading the
City Code.
Mr. Zinzow moved that concerning Case No. 71-89 regarding violation of
Section 135.004(b) of the Clearwater City Code on property located at 1800 Fort
Harrison Ave. N., Clearwater, Fla., the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Boar,d hearing held the 24th day
of Mav, 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 Geri Doherty,
Development Code Inspector, Wanda Nixon and Mary Hughes, and viewing the
evidence, exhibits submitted: City composite exhibit A, it is evident that there
did exist an outdoor retail display inconsistent with the City Code land use for
this Resort Commercial zoning district.
The Conclusions of law are: Paul R. and Wanda Nixon ~ in violation of
Section 135.004(b).
,
I"
It is the Order of this Board that should the above mentioned violation
reoccur, Paul and Wanda Nixon will be subject to a $25.00 fine for each day the
violation exists without a further hearing before the Municipal Code Enforcement
Board. The motion was duly seconded and carried unanimously.
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.
Done and Ordered this 24th day of Mav, 1989.
UNFINISHED BUSINESS
Case No. 48-89
Michael R. and John G. O'Connell
110 Brightwater Drive
(Occupational License)
Affidavit of Compliance
11
5/24/89
MCEB