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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of July 12, 1989, 3:00 p.m.
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Agenda
Act i on ," ,.. ..-.."..,...-,..
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 89-7-1 No cases.
Case No. 78-89 Christine Keno Continued to 9/13/89
(Building Code)
915 Engman St. & 206 Pennsylvania Ave.
{Cont. from 6/14/89}
Case No. 87-89 Thomas Floyd Continued to 7/26/89
(Life Safety Code)
1407 North Betty Lane
(Cont. from 6/28/89)
Case No. 88-89 Richard Owens Comply within 40 days
(Life Safety Code) (8/21/89)
0 300 Venetian Drive
Case No. 89-89 Pinellas County Title Co. Withdrawn
(Life Safety Code)
641 Court Street
Case No. 90-89 Don R. Whitehurst Continued to 7/26/89
(Fire Code)
635 Mandalay Avenue
Case No. 91-89 James & Isabella Tracey Continued to 9/13/89
(Development Code)
207 Coronado Drive
Case No. 92-89 Edward F. & Doris L. Vincent Withdrawn
(Occupational License)
1355 Drew Street
Complied prior
Case No. 93-89 Edward F. & Doris L. Vincent Withdrawn
(Occupational License)
1375 Drew Street
Complied prior
Case No. 103-89 Antonios Marko)oulOS Continued to 9/13/89
(Building Code
G 100 Coronado
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MCEB 7/12/89
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Richard Owens
300 Venetian Drive
(Life Safety Code)
John Chester, Clearwater Fire Inspector, stated there were several
violations at 300 Venetian Drive, Clearwater, Fl, and indicated all violations
but one have been complied with. He stated that the 12-unit, 2-story apartment
building does not have the manual fire alarm system required.
Case No. 88-89
The Assistant City Attorney requested the Board take judicial notice of
Section 93.21 of the City Code which adopts NFPA life Safety Code 101.
In response to questions, it was indicated that estimates for an alarm
system have been received; however, no arrangements for installation have been
made. The building does not have the fire rated construction or independent
stairways at grade that would exempt it from this provision.
Mr. Owens stated there are five (5) units at grade and two (2) units on
the second floor that have independent stairways. He was not aware of the need
for an alarm system when he purchased the building. He questioned whether or not
the fire walls separating two of the units would allow them to be considered a
separate building and it was indicated this would require a 4-hour wall which
this building does not have. Mr. Owens expressed concern regarding finding a
reputable contractor to install the alarm system and it was indicated that fire
alarm contractors are licensed by the state.
In response to a question, it was indicated that the NFPA Life Safety Code
addresses existing and new structures.
Mr. Cardinal moved that concerning Case No. 88-89 regarding violation of
Section 19-3.4.1, NFPA Life Safety Code 101, on property located at 300 Venetian
Drive, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held 12th day of July, 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 John Chester,
Clearwater Fire Inspector, and Richard Owens, and viewing the evidence, it is
evident that a building located at 300 Venetian Drive requiring manual fire alarm
protection is present without the required alarm system.
The Conclusions of Law are: Richard E. Owens is in violation of Section
19-3.4.1, NFPA Life Safety Code 101.
It is the Order of the Board that Richard E. Owens shall comply with
Section 19-3.4.1, NFPA Life Safety Code 101 within 40 days (8/21/89). If Richard
E. Owens does not comply within the time specified, the Board may order him to
pay a fine of $50.00 per day for each day the violation continues to exist. If
Richard E. Owens 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
MCEB
7/12/89
2
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by the violator pursuant to Chapter 162, Florida Statutes.
Richard E. Owens shall notify John Chester, the City official who shall
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.
Upon complying,
inspect
Done and Ordered this 12th day of July, 1989.
Case No. 89-89
Pinellas County Title Co.
641 Court Street
(Life Safety Code)
Larry Lord requested clarification of Section 27-2.9.2 and it was indicated
the Inspector in this case will be able to provide that information.
Mr.
corrected.
Cardinal moved to withdraw Case No. 89-89 as the case
The motion was duly seconded and carried unanimously.
has
been
Case No. 90-89
Don R. Whitehurst
635 Mandalay Avenue
(Fire Code)
The Inspector requested this case be continued to the next meeting as the
removal of the tanks is in progress.
c;
Mr. Cardinal moved to continue Case No. 90-89 to the meeting of July 26,
1989. The motion was duly seconded and carried unanimously.
Case No. 91-89
James & Isabella Tracey
207 Coronado Drive
(Development Code)
13,
Mr. Cardinal moved to continue Case No. 91-89 to the meeting of September
1989. The motion was duly seconded and carried unanimously.
Case No. 92-89
Edward F. & Doris L. Vincent
1355 Drew Street
(Occupational License) Complied
Case No. 93-89
Edward F. & Doris L. Vincent
1355 Drew Street
(Occupational License) Complied
Mr. Murray moved to withdraw Case Nos. 92-89 and 93-89 as the violations
have been corrected. The motion was duly seconded and carried unanimously.
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7/12/89
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Case No. 103-89 Antonios Markopoulos
100 Coronado Drive
(Building Code)
Mr. Dallman moved to continue Case No. 103-89 to the meeting of September
13, 1989. The motion was duly seconded and carried unanimously.
Case No. 11-89
Maison Blanche
2601 U.S. 19 North
(False Alarms)
Cont. from 6/28/89
City submitted Exhibit A, a copy of the Board's order of February 9, 1989.
Officer Charles Dunn, Clearwater Police Department, stated a false alarm
occurred on April 28, 1989, at which time the weather was clear and there was
no evidence of criminal activity or other cause for the alarm.
Larry Moore, Security Director for Maison Blanche, requested the definition
of a false alarm. It was indicated that an inspection is done of the premises
and, if no evidence of entry or attempted entry is shown, it is determined that
a false alarm has occurred. It was also indicated that no one from the company
responded to the alarm.
Mr. Moore disputed how the determination of the false alarm was made and
the fact that no one from the alarm company was present. He indicated that a
loud sound or someone banging on the glass could have triggered the alarm.
Christopher Mann, Security Manager, stated that someone responds to every
alarm call; however, police calls are dispatched according to priorty and the
respondent may no longer be present. He indicated they are doing everything they
can to comply and have taken measures to correct the problems.
Discussion ensued regarding the various types of alarm systems used by
Maison Blanche and the possibility of the oversensitivity of some of the systems.
Mr. Murray moved that concerning Case No. 11-89 regarding Section 94.02
of the Clearwater City Code on property located at 2601 U.S. 19 North,
Countryside Mall, Clearwater, Fl, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 12th day of
July, 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, larry Moore, and Christopher Mann, representing
Maison Blanche, and taking notice of prior proceedings at which time the Board
issued an order (City exhibit A), it is eviJent that an additional false alarm
occured after the compl iance date set by the Board and within one year of
issuance of the first courtesy warning.
MCEB
4
7/12/89
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The Conclusions of Law are: Maison Blanche has not complied with the Order
of the Municipal Code Enforcement Board of February 8, 1989.
It is the Order of this Board that Maison Blanche shall pay a fine of
$150.00 for the additional false alarm occurrence. If Maison Blanche 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 12th day of July, 1989.
John Hurley (False Alarm)
32 leeward Isle
Mr. Cardinal moved to continue Case No. 38-89 in order to obtain proper
service. The motion was duly seconded and carried unanimously.
Case No. 38-89
Case No. 79-89
Coyotes Surf Club (False Alarms)
1730 U.S. 19 North
(Cont. from 6/28/89)
Officer Dunn stated two courtesy warnings were issued on December 28 and
December 29, 1989, and a false alarm occurred on April 22, 1989. He indicated
there was no evidence of criminal activity and the alarm had been triggered by
a carpenter working on the premises who did not have the correct code.
No one was present to represent the applicant.
The Assistant City Attorney requested the Board take judicial notice that
the Affidavit of Service was properly served.
Mr. Cardinal moved that concerning Case No. 79-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1730 U.S. 19
North, Clearwater, Fl, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 12th day of July, 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 the 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: Coyotes Surf Club is in violation of Section
94.02.
MCEB
7/12/89
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It is the Order of this Board that Coyotes Surf Club shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of
the City of Clearwater occur at 1730 U.S. 19 North after July 13, 1989. Should
the violation reoccur after July 13, 1989, the Board has the authority to impose
a fine of $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 12th day of July, 1989.
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Kash N'Karry Food Stores, Inc. (False Alarms)
1861 N. Highland Avenue
Officer Dunn stated two courtesy warnings were issued on January 12, 1989,
and March 24, 1989, and a false alarm occurred on March 25, 1989. He indicated
that there was no evidence of criminal activity and that the alarm had been set
off by an employee while opening the safe.
Case No. 82-89
Art Devine, Manager of Kash N'Karry, stated he realizes the seriousness
a false alarm. He said, when the alarm system was serviced, it was determined
to be faulty. The system was repaired and there have been no false alarms since
that time.
Mr. Zinzow moved that concerning Case No. 82-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1861 N. Highland
Avenue, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 12th day of July, 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 test imony of Offi cer Char les Dunn,
Clearwater Police Department, and Art Devine, Manager of Kash N' Karry Food
Stores, Inc., and viewing the evidence, it is evident that Kash N' Karry Food
Stores, Inc. has been 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:
violation of Section 94.02.
Kash N1 Karry Food Stores, Inc. is in
It is the Order of this Board that Kash N' Karry Food Stores, Inc.
shall take corrective action to ensure that no additional violations of Section
94.02 of the Code of +he City of Clearwater occur at 1861 N. Highland Avenue,
Clearwater, FL after July 12, 1989. Should the violation reoccur after July 12,
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 R~~~rds of Pinellas County, FL,
MCEB
6
7/12/89
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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 12th day of July, 1989.
Case No. 94-89
ABC Liquors, Inc. (False Alarms)
1755 U.S. 19 North #47
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Officer Charles Dunn, Clearwater Police Department, stated two courtesy
warnings were sent for false alarm occurrences on March 23 and March 26, 1989,
and a false alarm occurred on April 9, 1989.
Scott Anderson was not present but returned a signed Affidavit of No
Contest authorizing the Board to take necessary action and this affidavit was
submitted by the City as Exhibit A.
Mr. Murray moved that concerning Case No. 94-89 regarding violation of
Section 94.02 of the Code of the City of Clearwater on property located at 1755
U.S. 19 North #47, Clearwater, FL, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the 12th
day of July, 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 the testimony of Officer Charles
Dunn, Clearwater, Police Department, and viewing the evidence, exhibits
submitted: Exhibit A, an Affidavit of No Contest signed by Scott Anderson, 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 courtest warning.
The Conclusions of Law are: ABC Liquor, Inc. is in violation of Section
94.02.
It is the Order of this Board that ABC liquors, 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 1755 U.S. 19 North, #47 after July 13, 1989.
Should the violation reoccur after July 13, 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, FL, 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 12th day of July, 1989.
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MCEB
7
7/12/89
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Case No. 95-89
Maas Brothers (False Alarms)
Countryside Mall
2601 U.S. 19 North
Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent for false alarm occurrences on December 6, 1988, and January
3, 1989, and a false alarm occurred April 21, 1989, at which time there was no
evidence of criminal activity.
Andrew Pennoyer, Dock Supervisor, stated the present phone system was in
the process of being changed. In response to a question, he indicated that the
switchover to the new system erased everything in the old system which in turn
affected the alarm system. The alarm company has reentered the code numbers
thereby correcting the situation and no false alarms have occurred since that
time.
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Mr. Dallman moved that concerning Case No. 95-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2601 U.S. 19
North, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement hearing held the 12th day of July, 1989, and
based on the evidence, the Municipal Code Enforcement Boards enters the following
Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact al~e: after hearing testimony of Officer Charles Dunn,
Clearwater Police Department, and Andrew Pennoyer, Dock Supervisor, and viewing
the evidence, it is evident the Clearwater Pol ice 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: Maas Brothers is in violation of Section
94.02.
It is the Order of this Board that Maas Brothers 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 North after July 12, 1989. Should
the violation reoccur after July 12, 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, FL, 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 12th day of July, 1989.
Case No. 96-89
Robert Vasilaros (False Alarms)
1237 Druid Road
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Officer Charles Dunn, Clearwater Police Department, stated courtesy
warnings were sent for false alarm occurrences on March 23, 1989, and April 17,
1989, and a false alarm occurred April 26, 1989.
MCEB
8
7/12/89
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