07/26/1989 (2)
Case No. 87-89 Thomas Floyd Withdrawn
0 1407 North Betty Lane
(life Safety Code)
Cant. from 7/12/89
Case No. 90-89 Don R. Whitehurst Withdrawn
635 Mandalay Avenue
(Fire Code)
Cont. from 7/12/89
Complied Prior
Case No. 104-89 Jay R. Fiorillo Continued
1862 Lombardy Drive
(Development Code)
To be continued
Case No. 5-89 Suncoast Oil Co. of America Dismissed
d/b/a Fina Station #22
1285 Cleveland Street
(False Alarms-repeat)
Case No. 13-89 Gordon's Jewelry Corp. I ssued order imposing fine
d/b/a lawton Jewelers
'103 Clearwater Mall, U.S. 19 S.
(False Alarms-repeat)
Ocase No. 97-89 Marlow Enterprises, Inc. Comply 7/27/89
d/b/a National Video
1885 North HiJhland Avenue
(False Alarms
Case No. 98-89 Tandy Corp. d/b/a Radio Shack Comply 7/28/89
1865 North HiJhland Avenue
(False Alarms
Case No. 99-89 Sound Advice, Inc. Comply 7/27/89
1451 U.S. 19 South
(False Alarms)
Case No. 100-89 Jacobsen's Stores, Inc. Comply 7/27/89
2522 McMullen Booth Road
(False Alarms)
Case No. 101-89 First Florida Bank Comply 7/28/89
2141 Drew Street
(False Alarms)
Case No. 102-89 First Florida Bank Comply 7/28/89
1844 U.S. 19 North
(False Alarms)
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PUBLIC NUISANCE CLEARING LIST 89-07-2, 7/26/89
I. A.
Entire
all of
Lo ts,
Lots
Coachman
3,4,18,19
Lots 1 and
north of
2, less road
Lot 1: parcel
Car Leasing, Inc.,
Clearwater, Florida
1.
and
Heights SUB;
and vac alley,
#15/29/15/16830/002/0010. OWned by: Dimmitt
2201 us 19 North,
Jr. ,
C/O Larry Dimmitt,
34623-2102.
2. AKA
Street;
or about 0 Metto Street and 0 Palmetto
Lot 8, and Lot 13: parcel
#10/29/15/68346/000/0080, #10/29/15/68346/000/0130. Owned
5282 Roosevelt Avenue, Detroit, Michigan
the vacant lots
Pennsylvania
at
SUB;
James
1966.
Liddell,
by:
48208-
3.
Unit 3, Block 9,
Owned by: Bruce F. Cha~}in,
Avenue, Clerwater, FL
Lot
18;
1000 Grantwood Avenue; Woodva11ey
parcel #08/29/16/99101/009/0180.
Christine A. Chapin, 1000 Grantwood
34619.
4. AKA At or about 701 North Pennsylvania Avenue: Pinecrest SUB,
Block 7, Lot 11, less east 60 feet: parcel
*10/29/15/69138/007/0111. Owned by: Richard Leon, P.O. Box
5256, Clearwater, Florida 34616-5256.
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5.
G,
about 1404 N. Madison Avenue: Fairmont SUB,
parcel #10/29/15/26892/007/0060. Owned by:
International Inc, Lonnie Ward, 1441 E. Fletcher Avenue,
Florida 33612.
Vacant lot
Lo ts 6 & 7;
Block
Tower
Suite
2000,
Tampa
301
SUB,
North Pennsylvania Ave or 1002 Jones Street:
Block D, Lot 6: parcel ~10/29/l5/72000/004/0060.
A. Erskine, Nancy A. Erskine,
NH 03103-3426.
552
Merrimack
Plaza
Owned
Street,
6. AKA
Park
by: James
Manchester,
7. 1147 Kingsley Street:
*22/29/15/58860/000/0030. OWned
Ricnardson Est., 1147 Kingsley
34616.
11oores, Geo.
by:
S tree t,
SUB, Lot 3; parcel
Hosea L. franklin, Annie
Clearwater, Florida
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MUNICIPAL CODE ENFORCEMENT BOARD
Ju ly 26, 1989
Members present:
Robert Aude, Vice-Chairman
James Angelis
William Murray
William Zinzow
Mi chae 1 Da llman
Absent:
Phillip N. Elliott, Chairman (excused)
Bruce Cardinal (excused)
Also present:
Rob Surette, Assistant City Attorney
Cynthia E. Goudeau, Secretary for the Board
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In order to provide continuity for res'aarch, the items will be listed in agenda
order although not necessarily discussed in that order.
The meeting was called to order by the Vice-Chairman at 3:00 p.m. in the
Commission Meeting Room in City Hall. He outlined the procedures and advise~ 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 List 89-7-2
Item No. 1
Dimmitt Car Leasing, Inc.
Coachman Heights Sub., Lots 1 & 2 less road and
all of Lots 3, 4, 18 & 19 and vacated alley N of Lot 1
aka corner of Pierce St. and Greenwood Ave.
Vernon Packer, Sanitation Inspector, stated he notified the Registered Agent
by certified mail. The property is overgrown with high vegetation and there is a
Brazilian pepper tree obstructing the view of motorists possibly creating a traffic
hazard. As of today the violation still exists except for partial clearing/edging
of the sidewalk. He stated he informed the workers that the property inside the
fence needs to be cleared. City submitted composite exhibit A, five photographs
of the property.
No one was present to represent Dimmitt Car Leasing, Inc.
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The Conclusions of Law are: Bruce F. & Christine F. Chapin are in violation
of Section 95.04.
It is the Order of this Board that Bruce F. & Christine Chapin shall comply
with Section 95.04 of the Code of the City of Clearwater by AUQust 8, 1989. 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 Bruce F. & Christine F. Chapin. 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, Bruce F. & Christine F. Chapin shall notify Vicki
Niemiller, 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 26th day of~, 1989.
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Richard Leon
Pinecrest Sub., Blk. 7, Lot 11 less E 60 ft.
aka 701 N. Pennsylvania Ave.
Vicki Niemiller, Sanitation Inspector, stated the property was posted January
27th, ownership was determined through the Property Appraiser's records, notice was
sent certified mail and returned unclaimed. Notice was published in the Pinellas
Review June 30, July 7, 14 and 21. The violation still exists as of today. City
submitted exhibit A, a copy of the published notice.
Item No. 4
No one was present to represent the violator.
Mr. Zinzow moved that concerning Item No.4 of Public Nuisance List 89-7-2
regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 26th day of
Julv, 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 Vicki Niemi ller,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit
A, a copy of the Notice of Hearing publication in the Pinellas Review, it is evident
that there exi sts the excess i ve growth or accumu 1 at ion of weeds, undergrowth or
other similar plant materials, or the accumulation of debris at the above address.
The Conclusions of Law are: Richard Leon is in violation of Section 95.04.
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It is the Order of this Board that Richard Leon shall comply with Section
95.04 of the Code of the City of Clearwater by AUQust 8. 1989. Upon failure to
comply within the time specified, the City Manager may authorize the entry upon
the property and such act i on as is necessary to remedy the condit i on, wi thout
further notice to Richard Leon. 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, Richard Leon 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 26th day of ~, 1989.
Item No. 5
Tower International Inc.
Fairmont Sub., Blk. G, Lots 6 & 7
aka about 1404 N. Madison Ave.
Vicki Niemiller, Sanitation Inspector, stated the property was posted on
June 1, notice sent certified mail was returned marked attempted not known.
Ownership was verified through the records of the Property Appraiser's office and
notice was published in the Pinellas Review for four consecutive weeks. As of the
day of the hearing, the property is still in violation with high vegetation and
debris. City submitted exhibit A, a copy of the published notice.
No one was present to represent Tower International Inc.
Mr. Dallman moved that concerning Item No.5 of Public Nuisance List 89-7-2
regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 26th day of
~, 1989, and based on the evidence, the Municipal Code Enforcement Board ellters
the following Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Vicki Niemi'ller,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit
A, a copy of a Notice of Hearing publication in the Pinellas Review, it is evident
that there exists the excessive growth or accumulation of weeds, undergrowth or
other similar plant materials, or the accumulation of debris at the above address.
The Conclusions of Law are: Tower International Inc. is in violation of
Section 95.04.
MCEB
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It is the Order of this Board that James A. & Nancy A. Erskine shall comply
with Section 95.04 of the Code of the City of Clearwater by AUQust 11. 1989. 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 James A. & Nancy A. Erskine. 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, James A. & Nancy A. Erskine 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 26th day of~, 1989.
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Item No. 7
Estate of Annie B. Richardson
Moores, Geo. Sub., Lot 3 aka 1147 Kingsley Street
No one was present to represent the violator.
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Vicki Niemiller, Sanitation Inspector, stated the property was posted March
30,1989 and ownership was verified through the Property Appraiser's office. Notice
was sent certified mail and returned stamped moved, no forwarding address. The
notice was published in the Pinellas Review for four consecutive weeks. As of the
day of the hearing, the front of the property had been mowed but there was still
debris and high vegetation. City submitted exhibit A, a copy of the published
not ice .
Mr. Angelis moved that concerning Item No.7 of Public Nuisance List 89-7-2
regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 26th day of
Jyly, 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 Vicki Niemi1ler,
Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit
A, a copy of a Notice of Hearing publication in the Pinellas Review, it is evident
that there exists the excessive growth or accumulation of weeds and the accumulation
of debris at the above address.
The Conclusions of Law are: Estate of Annie B. Richardson is in violation of
Section 95.04.
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It is the Order of this Board that the Estate of Annie B. Richardson shall
comply with Section 95.04 of the Code of the City of Clearwater by AUQust 8. 1989.
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 the Estate of Annie B. Richardson. 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, the Estate of Annie B. Richardson shall
notify Vicki Niemiller, 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 26th day of ~, 1989.
"
Thomas Floyd
1407 North Betty Lane
(Life Safety Code)
Cont. from 7/12/89; Complied prior
Mr. Dallman moved to withdraw Case No. 87-89 as the violation has been
c:J corrected. The motion was duly seconded and carried unanimously.
Case No. 87-89
Case No. 90-89
Don R. Whitehurst
635 Mandalay Avenue
(Fire Code)
Cont. from 7/12/89; Complied Prior
Mr. Dallman moved to withdraw Case No. 90-89 as the violation has been
corrected. The motion was duly seconded and carried unanimously.
Case No. 104-89
Jay R. Fiorillo
1862 Lombardy Drive
(Development Code)
The Secretary informed the Board of a request by the Inspector to continue
this case as the violation seems to be corrected.
Mr. Zinzow moved to continue Case No. 104-89. The motion was duly seconded
and carried unanimously.
Case No.
Suncoast Oil Co. of America
d/b/a Fina Station #22
1285 Cleveland Street
(False Alarms-repeat)
The Assistant City Attorney requested the proceedings regarding the repeat
violation be dismissed.
5-89
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Mr. Angelis moved to dismiss the proceedings regarding the repeat violation
in Case No. 5-89. The motion was duly seconded and carried unanimously.
Gordon's Jewelry Corp.
dba Lawton Jewelers
Clearwater Mall #103, U.S. 19 South
(False Alarm)
The Assistant City Attorney requested the Board take notice of the official
record including an order of the Board of February 8, 1989. The Secretary verified
that the record includes a previous order of the Board.
Case No. 13-89
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In response to questions, Officer Charles Dunn of the Clearwater Police
Department stated another false alarm occurred on May 18, 1989. City submitted
exhibit A, an Affidavit of No Contest signed by Pamela Marbet, Manager.
Mr. Zinzow moved that concerning Case No. 13-89 regarding violation of Chapter
94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board heari ng he 1 d the 26th day of Ju ly, 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, Cynthia Goudeau, Secretary to the Board and viewing
the evidence: City exhibit A, an Affidavit of No Contest signed by Pamela Marbet,
and taking notice of prior proceedings at which time the Board issued an order, 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: Gordon's Jewelry Corp. dba Lawton Jewelers has
not complied with the Order of the Municipal Code Enforcement Board of February 8,
1989.
It is the Order of this Board that Gordon's Jewelry Corp. dba Lawton Jewelers
shall pay a fine of ~150.00 for the false alarm which occurred after the compliance
date ordered by the Board. If Gordon's Jewelry Corp. dba Lawton Jewelers 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 26th day of July, 1989.
Case No. 97-89
Marlow Enterprises, Inc.
1885 N. Highland Avenue
(False Alarm)
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent regarding false alarms that occurred January 23, February 1 and 9, and
another false alarm occurred April 16, 1989. He stated is was the hold up alarm
that went off due to human error. City submitted exhibit A, an Affidavit of No
Contest signed by Mark Marlow.
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Mr. Dallman moved that concerning Case No. 97-89 regarding violation of
Chapter 94, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th day of ~, 19889, 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 Mark Marlow, 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: Marlow Enterprises, Inc. dba National Video is
in violation of Section 94.02.
It is the Order of this Board that Marlow Enterprises, Inc. dba National
Video shall take corrective action to ensure that no additional violations of
Section 94.02 of the Code of the City of Clearwater occur at 1885 N. Highland Avenue
after Julv 27. 1989. Should the violation reoccur after July 27, 1989, the Board
has the authority to impose a fine of up to $250.00 for each additional false alarm
occurring within one year from the date the first courtesy warning was mailed. If
the Board imposes a fine, a certified copy of the Order imposing the fine may be
recorded in the public records of Pinellas County, Florida, and once recorded shall
constitute a lien against any real or personal property owned by the violator
pursuant to Chapter 162, Florida Statutes. The motion was duly seconded and carried
unanimously.
Done and Ordered this 26th day of ~, 1989.
Case No. 98-89
Tandy Corporation dba Radio Shack
1865 N. Highland Avenue
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent regarding false alarms that occurred January 11 and February 27, 1989,
and a false alarm occurred April 30 due to human error.
Steve Smith, Manager of Radio Shack, stated there has been a continuous
problem believed to be caused by vibration setting off the motion sensor. The
sensor has been removed completely in the area of concern and they should not have
any more problems.
Mr. Zinzowmoved that concerning Case No. 98-89 regarding violation of Chapter
94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 26th day of .J.!!l.y, 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 Steve Smith, representing Tandy Corp. 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
seco~d courtesy warning and within one year of the date of the first courtesy
warnlng.
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The Conclusions of Law are: Tandy Corporation dba Radio Shack is in violation
of Section 94.02.
It is the Order of this Board that Tandy Corporation dba Radio Shack shall
take corrective action to ensure that no additional violations of Section 94.02 of
the Code of the City of Clearwater occur at 1865 N. Highland Avenue after Julv 28,
1989. Should the violation reoccur after Ju ly 28, 1989, the Board has the authority
to impose a fine of up to $250.00 for each additional false alarm occurring within
one year from the date the first courtesy warning was mailed. If the Board imposes
a fine, a certified copy of the Order imposing the fine may be recorded in the
public records of Pinellas County, Florida, and once recorded shall constitute a
lien against any real or personal property owned by the violator pursuant to Chapter
162, Florida Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 26th day of 4gly, 1989.
Case No. 99-89
Sound Advice, Inc.
1451 U.S. 19 South
(False Alarm)
There was no representative for Sound Advice at the hearing.
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent November 28, December 6 and 12, 1988 and a false alarm occurred May 7,
1989. There was no evidence of conditions to trigger the alarm and the weather was
clear.
Mr. Murray moved that concerning Case No. 99-89 regarding violation of Chapter
94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 26th day of ~, 1989, and hased 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 vie\"iing 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: Sound Advice, Inc. is in violation of Section
94.02.
MCEB
11
7/26/89
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It is the Order of this Board that Sound Advice, Inc. shall take corrective
action to ensure that no additional violations of Section 4.02 of the Code of the
City of Clearwater occur at 1451 U.S. 19 South after Jul 27 1989. Should the
violation reoccur after July 27, 1989, the Board has the au hority to impose a fine
of up to $250.00 for each additional false alarm occurring ithin one year from the
date the first courtesy warning was mailed. If the B1ard imposes a fine, a
certified copy of the Order imposing the fine may be record d in the public records
of Pine1las County, Florida, and once recorded shall const tute a lien against any
real or personal property owned by the violator pursuant 0 Chapter 162, Florida
Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 26th day of ~, 1989.
Case No. 100-89
Jacobsen's Stores, Inc.
2522 McMullen Booth Road
{False Alarm}
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent December 7, 1988, April 4, 1989 and a false alar occurred
May 8, 1989. There was no evidence of conditions to cause the intrusion alarm to
go off and it could not be determined if it was human or m chanical error.
John Chandler, Manager, and associate Cheryl Mather stated the police did
not respond during the time Ms. Mathers was at the store. Ms. Mathers stated she
received a call about 8 p.m., arrived at the store about 8 23 and was there 10-15
minutes checking the store and the police did not arrive.
Officer Dunn stated the monitoring company told t e police no one would
respond and the officer probably left prior to Ms. Mathers arriving.
The Manager stated he does not dispute that the alar s occurred. He stated
Honeywell was not to dispatch regarding one zone of the ala~m system. The problem
was due to a bad splice which is now fixed and there have no other occurrences since
May 8.
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Mr. Dallman moved that concerning Case No. 100-89 regarding violation of
Chapter 94, the Mun i c i pa 1 Code Enforcement Board has heard test imony at the
Municipal Code Enforcement Board hearing held the 26th day f~, 1989, and based
on the evidence, the Municipal Code Enforcement Board enter the following Findings
of Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony 0 Officer Charles Dunn,
Clearwater Police Department, John Chandler and Cheryl Meadows, representing
Jacobsen's Stores, and viewing the evidence, it is eviden the Clearwater Police
Department has mailed two courtesy warnings within a one- ear period and a false
alarm occurred after the date of the second courtesy warn ng and within one year
of the date of the first courtesy warning.
The Conclusions of Law are: Jacobsen's Stores, Inc. is in violation of Section
94.02.
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MCEB
12
7/26/89
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It is the Order of this Board that Jacobsen's Stores, 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 2522 McMullen Booth Road after Julv 27~
1989. Should the violation reoccur after July 27, 1989, the Board has the authority
to impose ,a fine of up to $250.00 for each additional false alarm occurring within
one year from the date the first courtesy warning was mailed. If the Board imposes
a fine, a certified copy of the Order imposing the fine may be recorded in the
public records of Pinellas County, Florida, and once recorded shall constitute a
lien against any real or personal property owned by the violator pursuant to Chapter
152, Florida Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 26th day of~, 1989.
I,
Case No. 101-89
First Florida Bank
2141 Drew Street
(False Alarm)
In response to questions, Officer Dunn, Clearwater Police Department, stated
courtesy warnings were sent December 15, 1988, March 11 and 24 and a false alarm
occurred April 26, 1989.
Gerald Walker, area Senior Vice-President, stated Sonitrol was suppose to
contact the bank prior to calling the Police Department. The bank is moving to a
new location in approximately one month where they will have a more sophisticated
alarm system.
City submitted exhibit A, an Affidavit of No Contest signed by William
Hampton, Assistant Vice-President.
Mr. Angelis moved that concerning Case No. 101-89 regarding violation of
Chapter 94, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th 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 Gerald Walker, representing First Florida Bank
and viewing the evidence, exhibits submitted: City exhibit A, an Affidavit of No
Contest signed by Mr. Hampton, it is evident Officer Dunn 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: First Florida Bank is in violation of Section
94.02.
MCEB
13
7/26/89
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""".h4.~"''''~..n.J~..~~~-,c...v."m:-itt:.. ~,-..;~,,"~~.-~ttt.~.:!}.....~.. ""_':. .~"h"~">!':H/'''''''''\<',,''''';''IH ..r.' ....:.,i,' '. ~ "Ie .:.I, ~ ,......." ;",' . ~J ..,c ",'''. .J. ........ 1,'1',,," Ir.''*.....~''"~..... t,-H"""'f'.&.,.1~......~ "''''J'~~ ~'''-'.....Ao.\i.'''.~_ ~. '.........~,<::>~\._....o~.,1,..~~..'....-'!:t\, ~~.4r"
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It is the Order of this Board that First Florida Bank shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 2141 Drew Street after July 28, 1989. Should the
violation reoccur after July 28, 1989, the Board has the authority to impose a fine
of up to $250.00 for each additional false alarm occurring within one year from the
date the first courtesy warning was mailed. If the Board imposes a fine, a
certified copy of the Order imposing the fine may be recorded in the public records
of Pinellas County, Florida, and once recorded shall constitute a lien against any
real or personal property owned by the violator pursuant to Chapter 162, Florida
Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 26th day of ~, 1989.
First Florida Bank
1844 U.S. 19 North
(False Alarm)
Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy
warnings January 3rd and February 3rd and a false alarm occurred May 8, 1989.
There was no evidence of conditions to cause the alarm and it could not be
determined whether it was due to mechanical or human error.
Case No. 102-89
Gerald Walker, area Senior Vice-President, stated he does not dispute there
were false alarms. Sonitrol found the cause and it has been corrected. The bank
will be moving to a new location which will have a more sophisticated system.
Mr. Murray moved that concerning Case No. 102-B9 regarding violation of
Chapter 94, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 26th 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 Gerald Walker, representing First Florida Bank
and viewing the evidence, it is evident the Clearwater Police Department has mailed
two courtesy warnings within a one-year period and a false alarm occurred after the
date of the second courtesy warning and within one year of the date of the first
courtesy warning.
The Conclusions of law are: First Florida Bank is in violation of Section
94.02.
MCEB
14
7/26/89
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It is the Order of this Board that First Florida Bank shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 1844 U.S. 19 North after Julv 28. 1989. Should the
violation reoccur after July 28, 1989, the Board has the authority to impose a fine
of up to $250.00 for each additional false alarm occurring within one year from the
date the first courtesy warning was mailed. If the Board imposes a fine, a
certified copy of the Order imposing the fine may be recorded in the public records
of Pinellas County, Florida, and once recorded shall constitute a lien against any
real or personal property owned by the violator pursuant to Chapter 162, Florida
Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 26th day of ~, 1989.
UNFINISHED BUSINESS
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Case No. 61-89
Paul S. Hodges
305 Vine Avenue aka Lot 16, Drew Park
(Public Nuisance)
Affidavit of Compliance
Cinevision Corp.
616 "EII Street
(Life Safety Code)
Affidavit of Compliance
Michael & Audrey Daly
950 Old Coachman Road
(SFM Rules & Regulations)
Affidavit of Compliance
Mr. Murray moved to accept the Affidavits of Compliance in Case Nos.
89-6-2-1, 60-89 and 61-89. The motion was duly seconded and carried unanimously.
Case No. 89-6-2-1
Case No. 60-89
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Case No. 130-88
John Mavrogiannis dha Import Auto Clinic
1261 Cleveland Street
(Land Development Code)
Letter re Status/Fine
Discussion ensued regarding the accrued fine and whether to file a lien at
this time. Consensus of the Board was to wait for a response to the inspector's
letter.
In response to a question regarding the status of 808 Pennsylvania Ave.
regarding violation of Chapter 95, Ms. Niemiller stated Mr. Moore, owner of the
property, built a partial fence and stacked the remaining tiles on pallets. The
Utilities Director observed the condition and found the property to be in
compliance.
ED
MCEB
15
7/26/89
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OTHER BOARD ACTION
The Secretary to the Board stated Mr.
able to attend today's meeting and that he will
his business schedule.
Ell iott phoned
be resigning
that he would not be
from the Board due to
Mr. Aude stated he will not be present for the August 9th meeting; and Mr.
Dallman also stated he may not be present.
Mr. Angelis moved to cancel the meeting of AUQust 9. 1989.
duly seconded and carried unanimously.
The motion was
Mr.
meeting.
Zinzow informed the Board he wi 11
be absent from the August 23rd
NEW BUSINESS - None.
MINUTES
Mr. Murray moved to approve the minutes of the meetings of June 14 & 28, 1989
and July 12, 1989. The motion was duly seconded and carried unanimously.
ADJOURN
T-he meeting adjourned at 5:05 p.m.
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Attest:
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Se tary
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MCEB
16
7/26/89
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