06/28/1989 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of June 28, 1989, 3:00 p.m.
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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 89-6-2
Item # 1
Case No.
87-89
Case No.
86-89
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Case No. 132-88
Case No. 2-89
Case No.
11-89
Case No.
79-89
Case No.
80-89
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MCEB
Comply 10 days ( /10/89)
E. Lee/Paul S. Hodges
Vine Avenue a/k/a
16, Drew Park
Helen
302
Lot
Thomas Floyd
1407 N. Betty Lane
(Life Safety Code)
Continued to 7/1 /89
Jack Jenney dba
Jenney Funeral Home
2510 Sunset Point Rd.
(Life Safety Code)
Complied prior
Withdrawn
T.G.I. Fridayst Inc.
2435 U.S. 19 N.
(False Alarm Code)
Issued order
sing fine
Maas Brothers
320 Cleveland St.
(False Alarm Code)
Issued order
sing fine
Maison Blanche
2601 U.S. 19 N.
(False Alarm Code)
(cont. to 7/12)
Continued to 7/1 /a9
Coyotes Surf Club
1730 U.S. 19 N.
(False Alarm Code)
(cont. to 7/12)
Continued to 7/1 /a9
Don Bruggman d/b/a
Quick Red Fox
21a9 Cleveland St. #211
(False Alarm Code)
Comply by 6/30/a
6/28/89
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MUNICIPAL CODE ENFORCEMENT BOARD
June 28, 1989
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Members present:
Phillip N. Elliott, Chairman
Robert Aude, Vice-Chairman
James Angelis
Bruce Cardinal
Will iam Murray
Michae 1 Da llman
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Absent:
William Zinzow (excused)
Also present:
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 3:01 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/ClearinQ list 89-6-2
Paul S. Hodges/Helen E. lee
N 1/2 lot 16, Drew Park Sub.
a/k/a 409 Pegasus Avenue South
Vern Packer, Sanitation Inspector, stated he inspected the property May 4,
1989. A fire had occurred at the dwelling and remnants of the furnishings are in
the yard and the property is overgrown. He spoke wi th Mr. Hodges May 5 and
reinspected May 12, 1989 at which time there was no change in the condition of the
property. The property was posted June 1, 1989 and notice was hand delivered to
Mr. Hodges. City submitted composite exhibit A, two photographs of the property.
Mr. Packer stated he reinspected the property this morning and the violation still
exists.
Item #1
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Paul Hodges, part owner of the property, stated he has been concerned with
getting the house rebuilt or torn down. He has to get in touch with his partner
to proceed. He stated people throw things in the yard and requested until Saturday
to clean up the property.
MCEB
1
6/28/89
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Vern Packer stated he spoke with the Building Department and preliminary
arrangements are being made to rehabilitate the dwelling.
Mr. Hodges stated he is working with Mike Holmes of Community Development
but is at a standstill until he can contact his partner.
Mr. Angelis moved that concerning Item No.1 of Public Nuisance Clearing List
89-6-2 regarding violation of Section 95.04 of the Clearwater City Code on property
located at 302 Vine Street aka N 1/2 Lot 16, Drew Park Sub., the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 28th 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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Done and Ordered this 28th day of June, 1989.
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The Findings of Fact are: after hearing testimony of Vernon Packer, Sanitation
Inspector, and Paul S. Hodges and viewing the evidence, exhibits submitted: City
composite exhibit A, it is evident that there exists excessive growth and
accumulation of debris at the above address.
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The Conclusions of law are: Helen E. Lee and Paul S. HodQes are in violation
of Section 95.04.
It is the Order of this Board that Helen E. Lee and Paul S. Hodges shall
comply with Section 95.04 of the Code of the City of Clearwater within 10 days
(7/10{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 Helen E. Lee/Paul S. Hodges. 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, Helen E. lee/Paul S. Hodges
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.
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Case No. 87-89
Thomas Floyd (Life Safety Code)
1407 N. Betty Lane
The Assistant City Attorney requested the Board continue this case to the
meeting of July 12, 1989 as the violator is in the process of complying.
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Mr. Murray moved to continue Case No. 87-89 to the meeting of July 12. The
motion was duly seconded and carried unanimously.
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Case No. 86-89
Jack Jenney d/b/a Jenney Funeral Home (Life Safety Code)
2510 Sunset Point Road
Complied prior
MCEB
2
6/28/89
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Mr. Cardinal moved to withdraw Case NO. 85-89 as the vio lat ion has been
corrected. The motion was duly seconded and carried unanimously.
Case No. 132-88
T.G.I. Fridays, Inc. (False Alarms)
2435 U.S. 19 North
City submitted exhibit A, a copy of the Board1s order of January 25, 1989.
Officer Charles Dunn, Clearwater Police Department, stated a false alarm occurred
May 1, 1989; no one was at the scene and there was no evidence of conditions to
cause the alarm.
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Discussion ensued regarding an appropriate amount to set as a fine and it was
suggested it should be an amount enough to cover the cost of responding to the
false alarms.
Mr. Angelis moved that concerning Case No. 132-88 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2435 U.S. 19 ~orth,
Clearwater the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 28th 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,
Clearwater Police Department, and taking notice of prior proceedings at which time
the Board issued an order(City exhibit A}, it is evident that one 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: T.G.I. Fridays Inc. has not complied with the
Order of the Municipal Code Enforcement Board of January 25, 1989.
It is the Order of this Board that T.G.I. Fridays Inc. shall pay a fine of
jl00.00 for the additional false alarm which occurred after the compliance date
ordered by the Board January 25, 1989. If T.G.I. Fridays Inc. 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, Flor ida Statutes. The motion was duly
seconded and carried unanimously.
Done and Ordered this 28th day of June, 1989.
Maas Brothers (False Alarms)
320 Cleveland Street
City submitted exhibit A, a copy of the Board's order of February a, 1989.
The Assistant City Attorney requested the Board take notice of the. Clerk's file
indicating the first warning issued November 28, 1988.
Case No. 2-89
Officer Dunn stated a false alarm occurred April 22, 1989 which was due to
human error.
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Discussion ensued regarding why only one false alarm occurrence is cited as
a repeat before the Board and it was stated the additional occurrences can be
considered when issuing a fine.
MCEB
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6(28(89
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Mr. Aude moved that concerning Case No. 2-89 regarding violation of Section
94.02 of the Clearwater City Code on property located 320 Cleveland St., Clearwater,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 28th 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 taking notice of prior proceedings at which time the Board issued an order
(City exhibit A), it is evident that one 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: Maas Brothers has not complied with the Order of
the Municipal Code Enforcement Board of February 8, 1989.
It is the Order of this Board that Maas Brothers shall pay a fine of ~200.00
for the additional false alarm which occurred after the compliance date ordered by
the Board February 8, 1989. If Maas Brothers 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 alien against any real or personal property owned by the violator
pursuant to Chapter 162, Florida Statutes. The motion was du ly seconded and carried
unanimously.
Done and Ordered this 28th day of June, 1989.
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Case No. 11-89
Maison Blanche (False Alarms)
2601 U.S. 19 North
The Secretary informed the Board of a request to continue this case to the
next meeting.
Mr. Cardinal moved to continue Case No. 11-89 to the meeting of July 12,
1989. The motion was duly seconded and carried unanimously.
Case No. 79-89
Coyotes Surf Club (False Alarms)
1730 U.S. 19 North
Mr. Cardinal moved to continue Case No. 79-89 to the meeting of July 12, 1989
in order to obtain proper service. The motion was duly seconded and carried
unanimously.
Ronald Bruggman d/b/a Quick Red Fox (False Alarms)
2189 Cleveland Street, #211
Officer Charles Dunn, Clearwater Police Department stated courtesy warnings
were sent for false alarm occurrences on December 24, 1988, February 2 and March
15. 1989 and a false alarm occurred April 26, 1989. He stated the subscriber did
not respond, there was no evidence of conditions to cause the alarm. In addition,
the officer responding was accompanied by a canine and the area was searched.
Case No. 80-89
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MCEB
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6/28/89
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Ronald Bruggman, owner, stated he has had many employees with keys and that
someone had opened the back door setting off the alarm of April 26. He has since
changed the locks. In response to a question with regard to an intrusion on the
26th, he stated he did not respond until the next day.
Don Weber, representing Security Alarm Track, the alarm system maintenance
company, stated a system memory indicates what area had an intrusion. It also
shows motion from a motion detector.
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In response to questions, Mr. Bruggman stated the locks were changed May 15
and prior to that cooks, the cleaning service, night manager, manager and owner
a 11 had keys.
Mr. Angelis moved that concerning Case No. 80-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2189 Cleveland
St., #211, Clearwater, Fla., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 28th 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 C.J. Dunn,
Clearwater Police Department, Ronald Bruggman and Don Weber 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: Ronald Bruggman d/b/a Quick Red Fox is in
violation of Section 94.02.
It is the Order of this Board that Ronald Bruggman d/b/a Quick Red Fox shall
take corrective action to ensure that no additional violations of Section 94.02 of
the Code of the City of Clearwater occur at 2189 Cleveland St., #211 after June 30.
1989. Should the violation reoccur after June 30, 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 28th day of June, 1989.
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Case No. 81-89
Montgomery Wards (False Alarms)
505 U.S. 19 South, #140
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent for false alarm occurrences on December 25, 1988 and February 25, 1989
and a false alarm occurred April 21, 1989 which was determined to be mechanical
error. There was no evidence of conditions to cause the alarm.
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There was no one present from Montgomery Wards.
MCEB
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6/28/89
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Mr. Murray moved that concerning Case No. 81-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 505 U.S. 19 S., #140,
Clearwater, the Municipal Code Enforcement Board has hea d testimony at the
Municipal Code Enforcement Board hearing held the 28th day of une, 1989, and based
on the evidence, the Municipal Code Enforcement Board enters t e following Findings
of Fact, Conclusions of Law, and Order.
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The Findings of Fact are: after hearing testimony of 0 ficer Charles Dunn,
Clearwater Police Department and viewing the evidence, it is e ident the Clearwater
Police Department has mailed two courtesy warnings within a ne-year period and a
false alarm occurred after the date of the second courtesy w rning and within one
year of the date of the first courtesy warning.
The Conclusions of law are: Montgomery Wards is in violation of Section 94.02.
It is the Order of this Board that Montgomery Wards s all take corrective
action to ensure that no additional violations of Section 94. 2 of the Code of the
City of Clearwater occur at 505 U.S. 19 S., #140 after June 9 1989. Should the
violation reoccur after June 29, 1989, the Board has the autho ity to impose a fine
of up to $250.00 for each additional false alarm occurring wit in one year from the
date the first courtesy warning was mai led. If the Boar imposes a fine, a
certified copy of the Order imposing the fine may be recorded 'n the public records
of Pinellas County, Florida, and once recorded shall constitu e 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 unanimou 1 .
c:J Done and Ordered this 28th day of June, 1989.
Case No. 83-89
The Morton Plant Hospital Assoc. Inc (False Alarms)
430 Pinellas Street
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District Chief Gordon Yaudes, Clearwater Fire Departmen , stated false alarms
occurred February 20 and April 10, 1989 at which time there w s no evidence of why
alarm was activated. Each time the alarms were reset with 0 incident. A false
alarm occurred April 19, 1989. A smoke detector was activated and again there was
no apparent reason for the alarm. In response to a question, e stated they inspect
the premises for possible reasons such as lightning, pow r surges, mischief,
cigarette smoke, insects and excessive dust.
Jeff Daniels, Fire Code Inspector, stated courtesywarni gs were sent February
21 and April 11, 1989.
Tom Nash, attorney representing Morton Plant, stated he system may be too
sensitive and they are trying to work with the City.
Ed Smolek, Director of Safety and Security at Morton P ant, stated it is not
a fault in the system nor due to negligence. The system is maintained regularly
by Morton Plant personnel and contract maintenance includin routine cleaning of
the detector heads. They notify the Fire Department during c nstruction to disable
certain areas to minimize potential false alarms. All the de ector heads have been
pulled and tested and one head was replaced.
I n response to a quest ion, Gordon Yaudes stated a 1 rm response for th is
building have been frequent. It was also stated that this building is separate from
the main hospital building.
MCEB
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6/28/89
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Mr. Murray moved that concerning Case No. 83-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 430 Pinellas
Street, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 28th 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 Gordon Yaudes, District
Chief, Fire Department, Ed Smolek, Director of Safety and Security and Tom Nash,
Atty. representing Morton Plant Hospital Assoc. 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: The Morton Plant Hospital Association, Inc. is
in violation of Section 94.02.
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It is the Order of this Board that The Morton Plant Hospital Association,
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 430 Pinellas Street after June
29, 1989. Should the violation reoccur after June 29, 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 28th day of June, 1989.
Case No. 84-89
Don Bowers d/b/a Donis Chevron Gas Station (False Alarms)
1498 Belleair Road
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent for false alarm occurrences November 25, 1988 and January 6, 1989 and a
false alarm occurred April 20, 1989. No one responded and there was no evidence
of criminal activity or other conditions to cause the alarms.
Don Bowers stated there is a chip out of the door post which was not there
prior to the April 20 incident. The business has been broken into five times prior
to May of '88 and he has since had the alarm system and a new door installed. He
has reported break-ins but patrol response time is slow. In response to a question,
Mr. Bowers stated he didn't call for a police technician
after the April 20 incident as he has had no results from incidents.
Officer Dunn stated the officers are trained to thoroughly inspect for
evidence of attempted break-in. Based on the type of system installed, the alarm
should not have gone off unless the door latch or window had been broken. In
response to a question, he stated a fourth alarm occurred April 28th at which time
there was no evidence of conditions to cause the alarm.
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Mr. Aude questioned whether there has been enough time allowed to correct
the problem as it is a fairly new alarm system. It was stated a break-in period
for an alarm system is 30 days.
MCEB
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6/28/89
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Mr. Murray moved that concerning Case No. 84-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 1498 Bellea ir Rd.,
Clearwater, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 28th 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 Don Bowers and 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 court~sy warning.
The Conclusions of Law are: Don Bowers d/b/a Donis Chevron Gas Station is in
violation of Section 94.02.
It is the Order of this Board that Don Bowers d/b/a Don's Chevron Gas Station
shall take corrective action to ensure that no additional violations of Section
94.02 of the Code of the City of Clearwater occur at 1498 Belleair Road after June
29, 1989. Should the violation reoccur after June 29, 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
const itute a 1 i en aga i nst any rea 1 or persona 1 property owned by the vi 01 ator
pursuant to Chapter 162, Florida Statutes. The motion was duly seconded. Upon the
vote being taken, Messrs. Angelis, Cardinal, Murray, Dallman and Elliott voted
"aye." Mr. Aude voted "nay." Motion carried.
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c::> Done and Ordered this 28th day of June, 1989.
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Hilton Head Auction Galleries d/b/a Browns Art Gallery
(False Alarms) 417 Mandalay Avenue
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent after false alarm occurrences March 3 and April 3, and a false alarm
occurred April 25, 1989.
Case No. 85-89
Mark Falco, Attorney representing the violator, stated they are not contesting
the violation.
In response to a question regarding two different alarm companies involved,
the Assistant City Attorney stated those false alarm occurrences cited in this case
are under ADT Alarm Systems.
Mr. Aude moved that concerning Case No. 85-89 regarding violation of Section
94.02 of the Clearwater City Code on property located at 417 Mandalay Ave.,
Clearwater, the Munic ipa 1 Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 28th day of ~, 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 an acknowledgement of no contest by Mark Falco
representing Hilton Head Auction Galleries, and viewing the evidence, it is evident
the Clearwater Police Department has mailed two courtesy warnings within a one-year
period and a false alarm occurred after the date of the second courtesy warning and
within one year of the date of the first courtesy warning.
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MCEB
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6/28/89
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The Conclusions of Law are:
Gallery is in violation of Section
Hilton Head Auction Galleries
94.02.
d/b/a
Browns Art
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It is the Order of this Board that Hilton Head Auction Galleries d/b/a Browns
Art Gallery shall take corrective action to ensure that no additional violations
of Section 94.02 of the Code of the city of Clearwater occur at 417 Mandalay Avenue
after June 30. 1989. Should the violation reoccur after June 30, 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 28th day of June, 1989.
UNFINISHED BUSINESS - None.
OTHER BOARD ACTION - None.
The City Clerk reported to the Board regarding the pursuit of outside counsel
for the Board and new state legislation re code enforcement boards.
MINUTES
Mr.
submitted.
Aude moved to approve
The motion was duly
the minutes of the meeting of May
seconded and carried unanimously.
24,
1989
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ADJOURN
The meeting adjourned at 5:01 p.m.
CJ~L--
Vicfe- Chairman
Attest:
~A~~~ tLL'C...._
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6/28/89
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