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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of June 14, 1989, 3:00 p.m.
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Agenda
Action
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 89-6-1
Item # 1
Building Operation Holding Co.
M&B 23.01, Sec. 17-29-16
wooded parcel N of Park Place
Comply within 15 days
(6/29/89)
Case No.
3-89
Toys uR" Us
2486 U. s. 19 N.
(False Alarms)
Issued order imposing fine
Case No.
30-89
Robert Coleman
801 Snug Is land
(False Alarms)
Issued order imposing fine
Ocase No.
43-89
Maas One Limited Partnership
600 Cleveland St.
(False Alarms)
Issued order imposing fine
Case No.
72-89
McDuffs Appliances/Electronics
2539 Countryside Blvd. #7
(False Alarms)
Comply by 6/15/89
Case No.
73-89
Mastercraft Jewelers, Inc.
633 Cleveland St.
(False Alarms)
Comply by 6/16/89
Case No.
74-89
A Beaver Corporation dba
Fraternity House
2257 Gulf to Bay Blvd.
(False Alarms)
Comply by 6/15/89
Case No.
75-89
Lincourt Medical Center
501 Lincoln Ave.
(False Alarms)
Comply by 6/15/89
Case No.
76-89
Home Depot
2351 U.S. 19 N.
(False Alarms)
Comply by 6/15/89
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MCEB
1
6/14/89
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of June 14, 1989, 3:00 p.m.
Agenda
Action
PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the same
time, set the fee to be assessed in case of non-compliance.)
Public Nuisance Clearing List 89-6-1
Item # 1
Building Operation Holding Co.
M&B 23.01, Sec. 17-29-16
wooded parcel N of Park Place
Comply within 15 days
(6/29/89)
Case No.
3-89
Toys IIRII Us
2486 U.S. 19 N.
(False Alarms)
Issued order imposing fine
Case No.
30-89
Robert Coleman
801 Snug Island
(False Alarms)
Issued order imposing fine
Ocase No.
43-89
Maas One Limited Partnership
600 Cleveland St.
(False Alarms)
Issued order imposing fine
Case No.
72-89
McDuffs Appliances/Electronics
2539 Countryside Blvd., #7
(False Alarms)
Comply by 6/15/89
Case No.
73-89
Mastercraft Jewelers, Inc.
633 Cleveland St.
(False Alarms)
Comply by 6/16/89
Case No.
74-89
A Beaver Corporation dba
Fraternity House
2257 Gulf to Bay Blvd.
(False Alarms)
Comply by 6/15/89
Case No.
75-89
Lincourt Medical Center
501 Lincoln Ave.
(False Alarms)
Comply by 6/15/89
Case No.
76-89
Home Depot
2351 U.S. 19 N.
(False Alarms)
Comply by 6/15/89
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MCEB
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6/14/89
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MUNICIPAL CODE ENFORCEMENT BOARD
June 14, 1989
Members present:
Phillip N. Elliott, Chairman
Robert Aude, Vice-Chairman
James Angelis
Bruce Cardinal
William Murray
William Zinzow
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Absent:
Michael Dallman (excused)
Also present:
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Rob Surette, Assistant City Attorney
Cynthia E. Goudeau, 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.
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 must 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 Clearina List 89-6-1
Item No. 1
Building Operation Holding Company
M&B 23.01, Sec. 17-29-16 aka
wooded parcel N of Park Place
No one was present to represent Building Operation Holding Company.
Vern Packer, Sanitation Inspector, stated the property is a landlocked parcel
and being used as a dump for debris and trash. City submitted composite exhibit
A & B, 12 photographs of the property taken May 9, 1989. He verified property
ownership through the Pinellas County Property Appraiser's Office. He sent notice
certified mail and did receive the return receipt. He reinspected the property this
morning and noticed more debris has beer. dumped.
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MCEB
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6/14/89
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Mr. Angelis moved that concerning Item No 1, Public Nuisance Clearing List
89-6-1 regarding violation of Chapter 95 of the Clearwater City Code, on property
having a legal description of M&B 23.01, Sec. 17-29-16, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 14th day of June, 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 Vern Packer, Sanitation
Inspector, and viewing the evidence, exhibits submitted: City composite exhibits
A & B, it is evident that there exists the excessive accumulation of debris at the
above address.
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The Conclusions of la\'1 are: Building Operation Holding Company is in violation
of Section 95.04.
It is the Order of this Board that Building Operation Holding Co. shall comply
with Section 95.04 of the Code of the City of Clearwater within 15 days (6/29/89).
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 Building Operation Holding Co. 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, Building Operation Holding Co. shall notify Vern
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 14th day of June, 1989.
Case No. 3-89
Toys "R" Us, Inc.
2486 U.S. 19 North
(False Alarms)
City submitted exhibit A, a copy of the Board's order of February 8, 1989.
Officer Charles Dunn, Clearwater Police Department, stated an additional false
alarm caused by the cleaning crew occurred March 15, 1989.
Janet D1Amenico, Manager of Toys "R" Us, Inc., stated the problem is with
Protect Services, the alarm company they are presently using. Protect Services
has been given 30 days notice and Toys "R" Us will have a new company as of August
1, 1989. She stated Protect Services has been requested to not dispatch the Police.
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MCEB
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Mr. Cardinal moved that concerning Case No. 3-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2486 U.S. 19 North,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board heari ng he ld the 14th, day of June, 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
and Janet D'Amenico and taking notice of prior proceedings at which time the Board
issued an order, it is evident that an additional 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: Toys uRu Us has not complied with the Order of
the Municipal Code Enforcement Board of February 8, 1989.
It is the Order of thi s Board that Toys uRn Us shall pay a fine of .$50.00
for the additional false alarm occurrence. If Toys uRu Us 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 14th day of June, 1989.
Robert Coleman
801 Snug Island
(False Alarms)
City submitted exhibit A, a copy of the Board's order of June 14, 1989 and
exhibit B, an affidavit of no contest signed by Mr. Coleman. Officer Charles Dunn
stated an additional false alarm occurred April 21, 1989. It was stated Mr. Coleman
has had service on the system to correct the problem.
Case No. 30-89
No one was present to represent the violator.
Mr. Aude moved that concerning Case No. 30-89 regarding violation of Section
94.02 on property located at 801 Snug Island, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 14th
day of June, 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,
viewing City exhibits A & B and taking notice of prior proceedings at which time
the Board issued an order, it is evident that an additional 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: Robert Coleman has not complied with the Order
of the Municipal Code Enforcement Board of February 22, 1989.
MCEB
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6/14/89
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It is the Order of this Board that Robert Coleman shall pay a fine of $50.00
for the additional false alarm occurrence. If Robert Coleman 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.
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Done and Ordered this 14th day of June, 1989.
Case No. 43-89
Mas One limited Partnership
600 Cleveland St.
(False Alarms)
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City submitted exhibit A, a copy of the Board's order of March 22, 1989.
Officer Charles Dunn, Clearwater Police Department, stated an additional false
alarm occurred April 27, 1989 for which there was no evidence of conditions to
cause the alarm. It was stated there have been approximately 30 responses to false
alarms at this address since December of 1988.
Fred Strickroot, Managing Agent, stated the problem is with the card system
entry at the Garden St. entrance. After hours people go out and hold the door open
which is set for 2-1/2 minutes before the alarm is activated. He stated the alarm
was taken off the door this morning.
Discussion ensued regarding the numerous fa lse alarm responses to this address
and the Assistant City Attorney requested the Board take this into consideration
when imposing the fine.
Mr. Aude 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, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of June, 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
and Fred Strickroot, and taking notice of prior proceedings at which time the Board
issued an order (City exhibit A), it is evident that Mas One Limited, Partnership
has had additional false alarms after the compliance date set by the Board and
within one year of issuance of the first courtesy warning.
The Conclusions of Law are: Mas One Limited Partnership has not complied with
the Order of the Municipal Code Enforcement Board of March 22, 1989.
It is the Order of this Board that Mas One Limited Partnership shall pay a
fine of j250.00 for the additional false alarm occurrences. If Mas One Limited,
Partnership 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 14th day of June, 1989.
MCEB
6/14/89
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McDuffs Appliances & Electronics
2539 Countryside Blvd., #7
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent for false alarm occurrences on December 1 and 28, 1988 and a third false
alarm occurred March 5, 1989.
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Case No. 72-89
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No one was present to represent McDuffs Appliances & Electronics.
Mr. Murray moved that concerning Case No. 72-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 2539 Countryside Blvd.,
#7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of June, 1989, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
Factr Conclusions of Law, and Order.
The Findings of Fact 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 are: McDuffs Appliances and Electronics is in violation
of Section 94.02.
It is the Order of this Board that McDuffs Appliances and Electronics shall
take corrective action to ensure that no additional violations of Section 94.02 of
the Code of the City of Clearwater occur at 2539 Countryside Blvd., #7 after June
15, 1989. Should the violation reoccur after June 15, 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 14th day of June, 1989.
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Case No. 73-89
Mastercraft Jewelers, Inc.
633 Cleveland St.
(False Alarms)
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent regarding false alarm occurrences on January 1 and 26, 1989 and a third
false alarm occurred April 9, 1989. He stated the mechanical problem may be in the
phone lines.
Francisco Barbosa, representing Mastercraft Jewelers, stated the whole system
has been changed and a new phone line is going to be installed. He stated he does
not disagree with the City's testimony.
MCEB
5
6/14/89
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The Findings of Fact 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 are: A Beaver Corporation d/b/a Fraternity House is
in violation of Section 94.02.
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It is the Order of this Board that A Beaver Corp. d/b/a Fraternity House
shall take corrective action to ensure that no additional violations of Section
94.02 of the Code of the City of Clearwater occur at 2257 Gulf to Bay Blvd. after
June 15, 1989. Should the violation reoccur after June 15, 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 tile 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, Flori da Statutes, The motion was du ly seconded and carried
unanimously.
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Done and Ordered this 14th day of June, 1989.
Case No. 15-89
lincourt Medical Center Partnership
501 lincoln Ave.
(False Alarms)
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent regarding false alarm occurrences on November 25 and December 26, 1988
and a false alarm occurred March 18, 1989. The alarm was caused by a door being
left unlocked.
Betsy Sanderson, representing Lincourt Medical Center, stated they have 25
people coming and going and she believes it was human error. She does not disagree
with the violation.
Mr. Zinzow moved that concerning Case No. 75-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 501 Lincoln Avenue, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of June , 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
and Betsy Sanderson 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: Lincourt Medical Center, Partnership is in
violation of Section 94.02.
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MCEB
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It is the Order of this Board that Lincourt Medical Center, 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 501 Lincoln Avenue after June 15. 1989.
Should the violation reoccur after June 15, 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 14t~ day of June, 1989.
Home Depot
2351 U.S. 19 North
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent regarding false alarm occurrences on January 14 and February 18, 1989 and
a third false alarm occurred March 31, 1989. City submitted exhibit A, an affidavit
of no contest signed by Rick Hyatt, Manager of Home Depot.
Case No. 76-89
Mr. Zinzow moved that concerning Case No, 76-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 2351 U.S. 19 North, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of June, 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
and viewing the evidence, exhibits submitted: City exhibit A, 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: Home Depot is in violation of Section 94.02.
It is the Order of this Board that Horne Depot shall take corrective action
to ensure that no additional violations of Section 94.02 of the Code of the City
of Clearwater occur at 2351 U.S. 19 North after June 15. 1989, Should the violation
reoccur after June 15, 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 14th day of June, 1989.
Case No. 77-89
Mike Anderson d/b/a Pro Shop Pub
840 Cleveland St.
(False Alarms)
MCEB
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6/14/89
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent regarding false alarm occurrences on February 17th at 6 and 9 a.m. and
February 18, 1989 and another false alarm occurred March 19, 1989. He stated the
cause is mechanical and a constant problem.
Gail Anderson, Manager of Pro Shop Pub, stated there were three alarms on
the same day due to the telephone wire. Vision Cable has been notified to no longer
dispatch the Police.
Mr. Murray moved that concerning Case No. 77-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 840 Cleveland Street, the
Mun;c ipa 1 Code Enforcement Board has heard testimony at the Mun icipa 1 Code
Enforcement Board hearing held the 14th day of June, 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
and Gail Anderson and viewing the evidence, it ;s 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: Mike Anderson d/b/a Pro Shop Pub is in violation
of Section 94.02.
It is the Order of this Board that Mike Anderson d/b/a Pro Shop Pub shall
take corrective action to ensure that no additional violations of Section 94.02 of
the Code of the City of Clearwater occur at 840 Cleveland Street after June 15.
1989. Should the violation reoccur after June 15, 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 14th day of June, 1989.
Christine Keno
915 Engman/1206 Pennsylvania
(Building Code)
The Secretary to the Board stated the Inspector has requested this case be
continued to the meeting of July 12 as the violator is in the process of complying.
Case No. 78...89
Mr. Aude moved to continue this case to the meeting of July 12, 1989. The
motion was duly seconded and carried unanimously.
MCEB
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6/14/89
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UNFINISHED BUSINESS
Case No.
58-88
Anne Graffunder dba
P.M.M. Capital Inc.
(Occupational License)
Affidavit of Compliance
The
Mr. Angelis moved to accept the Affidavit of Compliance
motion was duly seconded and carried unanimously.
in
Case
No.
58-88.
Case No.
70-88
Craig Berlett dba
Century Soft Water Co. Inc.
(Occupational License)
Affidavit of Compliance
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 70-88.
The motion was duly seconded and carried unanimously.
Case No.
71-89
Paul R. and Wanda Nixon
1800 N. Ft. Harrison Ave.
(Development Code)
Affidavit of Compliance
Mr. Aude moved to accept the Affidavit of Compliance in Case No. 71-89.
motion was duly seconded and carried unanimously.
The
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Case No. 89-5-1-2
Kirt Suominen/Kimberly Tupper
1007 Jones St. aka Plaza Park Sub.
Blk. B, Lot 14 & W 1/2 Lot 13
Affidavit of Compliance
Mr. Murray moved to accept the Affidavit of Compliance in Case No.2, Public
Nuisance List 89-5-1. The motion was duly seconded and carried unanimously.
OTHER BOARD ACTION
Fine Status Report
The Fine Status report was reviewed.
NEW BUSINESS
None.
ADJOURN
The meeting adjourned at 4:29 p.m.
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Attest:
~l\-W Ji--n,,---
See tary
MCEB
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6/14/89
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PUBLIC NUISANCE CLEARING LIST 89-06-1, 6/14/89
1.
AKA the wooded parcel directly North of
01 parcel #17/29/16/00000/230/0100. Owned
Holding Company, 100 South Broad Street,
Pennsylvania 19110.
Park
by: Bldg
Philadelphia
Place: M&B 23-
Operation
2. ~a nt lots 1742-1760 Keene Road: Sunset Lake Manor, Lots 3-
6:&a ~1/lr02/e9/~,5/{J7984!-D-o,q/003~._\ Owned--qy: fiverYb~Yls /'\ /
Ta nacle lnc .-1120 \!!-B~tty 'ta~ Cl\eat:.wate\r,/Flor~_da 3!615-L/
33 3. _ _ ./ _
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