08/23/1989 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
August 23, 1989
Members present:
Robert Aude, Vice-Chairman
James Angelis
Bruce Cardinal
Wi 11 iam Murray
Michael Dallman
Absent:
William Zinzow (excused)
7th seat vacant
Also present:
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Rob Surette, Assistant City Attorney
Alan Zimmett, Attorney for the Board
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 Vice-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 List 89-8-2
Item No. 1
USA Veterans ADM
alkla 1364 Friend Avenue
Cleveland Groves 1-7, Block 7, Lot 32 & S 20 ft. Lot 31
Vern Packer, Sanitation Inspector, stated the property was posted July 18,
1989; ownership was verified through the Property Appraiser's office and notice
was sent certified mail; the signed receipt was returned. The property has high
vegetation and some debris and is a recurring problem. City submitted exhibit A,
a photograph of property. Mr. Packer stated he reinspected the property 11:30 this
morning and the violation still exists.
No one was present to represent USA Veterans Administration.
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Mr. Angelis moved that concerning Item No.1 of Public Nuisance List 89-8-2
regarding violation of Chaoter 95 of the Clearwater City Code on property located
at 1364 Friend Avenue aka Cleveland Groves 1-7, Blk. 7, Lot 32 and S 20 ft. of Lot
31, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 23rd day of AUQust, 1989, and based on the
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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 Vern Packer, Sanitation
Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a
photograph of the property, it is evident that there exists the excessive growth
or accumulation of weeds at the above address.
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The Conclusions of Law are: USA Veterans Administration is in violation of
Section 95.04.
It is the Order of this Board that USA Veterans Administration shall comply
with Section 95.04 of the Code of the City of Clearwater within 10 days (9/4/89).
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 USA Veterans Administration. 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, USA Veterans Administration 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 23rd day of Auqust, 1989.
Scott T. MacGregor
3183 Chamblee Lane
aka Bordeaux Estates, Lot 1
Vern Packer, Sanitation Inspector, stated he first inspected the property
July 17, 1989 and posted the property July 28th due to high vegetation. City
submitted exhibit A, a photograph of the property. Ownership was verified through
the Property Appraiser1s office and notice was sent certified mail. The signed
receipt was returned. The violation still existed as of this morning.
Item 12
(f)
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No one was present to represent the violator.
Mr. Murray moved that concerning Item No.2 of Public Nuisance List 89.8-2
regarding violation of Chapter 95 of the Clearwater City Code on property located
at 3183 Chamblee Lane aka Bordeaux Estates, lot 1, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held the
23rd day of AUQust, 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 Vern Packer, Sanitation
Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a
photograph of the property, it is evident that there exists the excessive growth
or accumulation of weeds, undergrowth or other similar plant materials at the above
address.
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The Conclusions of Law are: Scott T. MacGregor is in violation of Section
95.04.
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It is the Order of this Board that Scott T. MacGregor shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (9/4/89).
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 Scott T. MacGregor. 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, Scott 1. MacGregor 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 23rd day of Auqust, 1989.
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He len S. Russe 11
1871 McKinley Street
aka New Marymount Sub., Blk. 0, Lot 7
~at Swan, adjacent neighbor to Ms. Russell, stated debris is collected nightly
by Mrs. Russell and deposited in the driveway and surrounding property. He stated
the vehicle that was on the property was removed this morning. Mr. Swan stated this
has been an ongoing problem for years. He stated there is debris everywhere.
Item #3
City submitted exhibit I, a photograph of the property taken by Mr. Swan
August 21, 1989.
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Vern Packer, Sanitation Inspector, stated the property was first inspected
June 8, 1989 at which time there was one box in the driveway. After several
complaints, the property was reinspected and posted July 12, 1989 at which time
there was an accumulation of debris, high vegetation, overgrowth of weeds and a
car with expired an tag on the property. Ms. Russell was provided notice of the
hearing.
City submitted exhibit B, photographs of the property taken before the hearing
and exhibit C, photographs of the property taken the morning of the hearing, showing
there has been considerable improvement to the property. In response to a question,
Mr. Packer stated there is no longer a violation according to the City Code.
No one was present to represent Ms. Russell.
Discussion ensued regarding the accumulation of debris in the carport and
inside the house and what can be done about it. Mr. Packer stated they have spoken
with the Fire Department and the Health Department and no one has jurisdiction
regarding those areas of the property.
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8/23/89
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The Assistant City Attorney requested this case be dismissed as the violation
no longer exists.
Mr. Cardinal moved to dismiss Item No.3 of Public Nuisance List 89-8-2 with
the recommendation that the Sanitation Division monitor the property closely with
frequent inspections. The motion was duly seconded and carried unanimously.
Harold G. & Alice K. Wesserling
2229 Willow Tree Trail
aka Woodgate of Countryside, Unit 3, Lot 142
No one was present to represent the Wesserlings.
Item 14
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Vern Packer, Sanitation Inspector, stated he inspected the property July 11th
and found it to be overgrown with high vegetation. He notified the property owners
and was informed that their mortgage company is foreclosing on the property.
Mr. Packer inspected the property the morning of the hearing and the violation
still exists.
Discussion ensued as to who is the proper party to cite, and it was stated
according to code the name of the owner according to t~e records of the Pinellas
County property appraiser shall be used.
Mr. Dallman moved that concerning Item No.4 of Public Nuisance List 89-8-2
regarding violation of Chapter 95 of the Clearwater City Code on property located
at 2229 Willow Tree Trail aka Woodgate of Countryside, Unit 3, Lot 142, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing hel d the 23rd day of AUQust, 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 Vern Packer, Sanitation
Inspector, and viewing the evidence, it is evident that there exists the excessive
growth or accumulation of weeds, undergrowth or other similar plant materials at
the above address.
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The Conclusions of Law are: Harold G. & Alice K. Wesserling are in violation
of Section 95.04.
It is the Order of this Board that Harold G. & Alice K. Wesserling shall
comply with Section 95.04 of the Code of the City of Clearwater within 10 days
(9/4/89). 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 Harold G. & Alice K. Wesserling. 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 ~gainst the property until paid. Upon complying, Harold G. & Alice K.
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8/23/89
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Wesserling 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 23rd day of AUQust, 1989.
Case No. 105-89 Jeralne Burt
1113 Tangerine Street
(Occupational License)
No one was present to represent Jeralne Burt.
As the Inspector was not present to present his case the City Attorney
requested this case be withdrawn.
Mr. Murray moved to withdraw Case No. 105-89. The motion was duly seconded
and carried unanimously.
Case No. 106-89 General Mills Restaurant dba Olive Garden Restaurant
1195 U.S. 19 South
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent December 30, 1988, March 24th and 31st and a violation occurred May 8,
1989. The alarm was set off due to human error.
o John Sterrette, Manager, stated he is not contesting the violation, and
actions have been taken to avoid additional incidents.
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Mr. Cardinal moved that concerning Case No. 106-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1195 U.S. 19 South,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 23rd day of AUQust, 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,
Jr., Clearwater Police Dept. and John Sterrette 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: General Mills Restaurants, Inc. d/b/a Olive Garden
Restaurant is in violation of Section 94.02.
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It is the Order of this Board that General Mills Restaurants, Inc. d/b/a
Olive Garden Restaurant shall take corrective action to ensure that no additional
violations of Section 94.02 of the Code of the City of Clearwater occur at 1195
U.S. 19 South after AUQust 24. 1989. Should the violation reoccur after August
24, 1989, the Board has the authority to impose a fine of up to $250.00 for each
additional false alarm occurring within one year fr'om 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
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owned by the violator pursuant to Chapter 162, Florida Statutes. The motion was
duly seconded and carried unanimously.
Done and Ordered this 23rd day of August, 1989.
Case No. 107-89 Bethamy Gardens Nursing Home
2055 Palmetto Street
(False Alarms)
Cheryl Woods stated she has been the administrator of the nursing home since
January and has received only one notice. She stated part of the building was under
construct ion wh ich caused the alarm to go off. She stated state and federa 1
regulations do not allow them to cancel a dispatch until they are sure the cause
of the alarm is false. The detectors and alarms are checked quarterly and anytime
an alarm is set off.
The Assistant City Attorney requested this case be dismissed.
Mr. Cardinal moved to dismiss Case No. 107-89. The motion was duly seconded
and carried unanimously.
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Case No. 108-89 Barry Dotolo
1620 Misty Plateau Trail
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent February 17 and 22, 1989 and a false alarm occurred May 11. He stated
the owner accidentally set off the alarm.
Barry Dotolo stated he does not contest the violation. He stated there was
a problem with the alarm system.
Mr. Angel is moved that concerning Case No. 108-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1620 Misty Plateau
Trail, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 23rd day of AUQust, 1989, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of Law, and Order.
The Finding of Fact are: after hearing testimony of Officer Charles Dunn,
Jr., Clearwater Police Department and Barry Dotolo and viewing the evidence, 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: Barry Dotolo is in violation of Section 94.02.
It is the Order of this Board that Barry Dotolo shall take corrective action
to ensure that no additional violations of Section 94.02 of the Code of the City
of Clearwater occur at 1620 Misty Plateau Trail after AUQust 25. 1989.
Should the violation reoccur after August 25, 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
MCEB
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8/23/89
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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 23rd day of AUQust, 1989.
Case No. 109-89
Roger Hayden
783 Bay Esplanade
(False Alarms)
The Board was informed Mr. Hayden had called requesting a continuance as he
would be out of town.
Case No. 112-89
Eli Frelick
1675 Coachmakers Lane
(False Alarms)
The Secretary informed the Board that proper service had not been obtained.
Mr. Cardinal moved to continue Case Nos. 109-89 and 112-89 to the meeting
of September 13, 1989 or until proper service can be obtained. The motion was duly
seconded and carried unanimously.
Case No. 110-89
Wi 11 i am Harri s
2649 Cypress Bend Drive
(False Alarms)
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City submitted exhibit A, an affidavit of no contest signed by Mr.
and B, a copy of the Po 1 ice Department fi le. Officer Charles Dunn, as
keeper, stated it is an accurate copy of record.
Harris
record
The Secretary to the Board stated notice was sent certified mail and the
signed receipt was returned. The Assistant City Attorney requested the Board take
notice of service of the Notice of Hearing.
Mr. Cardinal moved that concerning Case No. 110-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2649 Cypress Bend
Drive, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 23rd day of AUQust, 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,
Jr., Clearwater Police Department and viewing the evidence, exhibits submitted:
City exhibit A - an Affidavit of No Contest signed by Mr. Harris and B - a copy of
the Police Department file, 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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The Conclusions of Law are: William Harris is in violation of Section 94.02.
It is the Order of this Board that William Harris shall take corrective action
to ensure that no additional violations of Section 94.02 of the Code of the City
of Clearwater occur at 2649 Cypress Bend Drive after Auaust 24. 1989.
Should the violation reoccur after August 24, 1989, the Board has the authority to
impose a fine of up to $250.00 for each additional false alarm occurring within one
year from the date the first courtesy warning was mailed. If the Board imposes a
fine, a certified copy of the Order imposing the fine may be recorded in the public
records of Pinellas County, Florida, and once recorded shall constitute a lien
against any real or personal property owned by the violator pursuant to Chapter 162,
Florida Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 23rd day of AUQust, 1989.
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Case No. 111-89
Chili's Incorporated
2401 U.S. 19 North
(False Alarms)
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Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent February 22nd, 25th and March 24th for violations on February 15th, 20th
and March 12th and a false alarm occurred March 13, 1989. The alarm was caused by
human error.
Debbie Bunch, Manager, agreed with Officer Dunn's statement and stated there
was a problem with the monitoring company which has been corrected.
Mr. Murray moved that concerning Case No. 111-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2401 U.S. 19 North,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 23rd day of AUQust, 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,
Jr., Clearwater Police Department, and Debbie Bunch 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: Chili's Incorporated is in violation of Section
94.02.
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It is the Order of this Board that Chili's Incorporated shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 2401 U.S. 19 North after AUQust 24. 1989.
Should the violation reoccur after August 24, 1989, the Board has the authority to
impose a fine of up to $250.00 for each additional false alarm occurring within one
year from the date the first courtesy warning was mailed. If the Board imposes a
fine, a certified copy of the Order imposing the fine may be recorded in the public
records of Pinellas County, Florida, and once recorded shall constitute a lien
against any real or personal property owned by the violator pursuant to Chapter 162,
Florida Statutes. The motion was duly seconded and carried unanimously.
MCEB
8
8/23/89
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Done and Ordered this 23rd day of AUQust, 1989.
Case No. 113-89 Lawrence Lubotsky
2892 Green Meadow Court
(False Alarms)
Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings
were sent March 11th and 24th and a false alarm occurred May 7, 1989. He stated
there was no evidence of criminal activity or weather conditions to set off the
alarm.
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Mr. Lubotsky stated he was out of town during the first two occurrences. He
called Vision Cable, there was faulty equipment and the problem was corrected.
Mr. lubotsky stated he set off the May 7th alarm and tried to stop the dispatch
but was too late. He stated he appreciated the fast response of the Pol ice
Department.
Mr. Dallman moved that concerning Case No. 113-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2892 Green Meadow
Court, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 23rd day of AUQust, 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 Lawrence Lubotsky and viewing the evidence, 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: Lawrence lubotsky ;s in violation of Section
94.02.
It is the Order of this Board that Lawrence Lubotsky shall take corrective
action to ensure that no additional violations of Section 94.02 of the Code of the
City of Clearwater occur at 2892 Gl~een Meadow Court after AUQust 25. 1989.
Should the violation reoccur after August 25, 1989, the Board has the authority to
impose a fine of up to $250.00 for each additional false alarm occurring within one
year from the date the first courtesy warning was mailed. If the Board imposes a
fine, a certified copy of the Order imposing the fine may be recorded in the public
records of Pinellas County, Florida, and once recorded shall constitute a lien
against any real or personal property owned by the violator pursuant to Chapter 162,
Florida Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 23rd day of AUQust, 1989.
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fvICEB
9
8/23/89
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Case No. 114-89
Vienna Sausage Manufacturing Co.
1057 Cephas Drive
(False Alarms)
The Secretary to the Board stated notice was sent certified mail and the
signed receipt was returned. The Assistant City Attorney requested the Board take
notice of proper service.
City submitted exhibit A, an affidavit of no contest signed by the Manager
of Vienna Sausage Manufacturing Co. and exhibit B, a copy of the record on file.
Officer Charles Dunn, as keeper of records, stated ~t is an accurate copy of the
record on file.
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Mr. Cardinal moved that concerning Case No. 114-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 1057 Cephas Drive,
Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 23rd day of Auoust, 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,
Jr., Clearwater Police Department, and viewing the evidence, exhibits submitted:
City exhibits A - an Affidavit of No Contest signed by Mr. Walser and B - a copy
of the Police Department file, 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: Vienna Sausage Manufacturing Co. is in violation
of Section 94.02.
It is the Order of this Board that Vienna Sausage Manufacturing Co. shall
take corrective action to ensure that no additional violations of Section 94.02 of
the Code of the City of Clearwater occur at 1057 Cephas Drive after Auqust 24,
1989. Should the violation reoccur after August 24, 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 23rd day of Auoust, 1989.
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MCEB
10
8/23/89
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Case No. 115-89 Subway Capital Partners, Inc. dba Subway Sandwiches & Salads
2569 Countryside Boulevard, #10
(False Alarms)
The Secretary to the Board stated notice was sent certified mail and the
signed receipt was returned. The Assistant City Attorney requested the Board take
notice of adequate service of the notice of hearing.
City submitted exhibit A, a copy of the file on record. Officer Charles
Dunn, as keeper of records, stated it is an accurate copy of the file.
Mr. Murray moved that concerning Case No. 115-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 2569 Countryside
Blvd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 23rd day of AUQust, 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,
Jr., Clearwater Police Department, and viewing the evidence, exhibits submitted:
City exhibit A, a copy of the Police Department file, 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: Subway Capital Partners, Inc. d/b/a Subway
Sandwiches and Salads is in violation of Section 94.02.
It is the Order of this Board that Subway Capital Partners, Inc. d/b/a Subway
Sandwiches and Salads shall take corrective action to ensure that no additional
violations of Section 94.02 of the Code of the City of Clearwater occur at 2569
Countryside Blvd., #10 after Auaust 24. 1989. Should the violation reoccur after
August 24, 1989, the Board has the authority to impose a fine of up to $250.00 for
each additional false alarm occurring within one year from the date the first
courtesy warning was mailed. If the Board imposes a fine, a certified copy of the
Order imposing the fine may be recorded in the public records of Pinellas County,
Florida, and once recorded shall constitute a lien against any real or personal
property owned by the violator pursuant to Chapter 162, Florida Statutes. The
motion was duly seconded and carried unanimously.
Done and Ordered this 23rd day of AUQust, 1989.
Case No. 116-89 Barnett Bank
3000 E. Enterprise Road
(False Alarms)
The Secretary to the Board stated notice of hearing was sent certified mail
and the signed receipt was returned. The Assistant City Attorney requested the
Board take notice of proper service of the notice.
City suhfl,i-tted exhibit A, an affidavit of no contest signed by Mr. Dzinbinski,
Security for Barnett Bank and exhibit B, a copy of the file on record. Officer
Charles Dunn, as record keeper, stated it is an accurate copy of record.
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MCEB
11
8/23/89
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Mr. Cardinal moved that concerning Case No. 116-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 3000 E. Enterprise
Rd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 23rd day of AUQust, 1989, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings of Fact, Conclusions of law, and Order.
The Finding of Fact are: after hearing testimony of Officer Charles Dunn,
Jr., Clearwater Police Department, and viewing the evidence, exhibits submitted:
City exhibits A - an Affidavit of No Contest signed by Mr. Dzinbinski and B - a
copy of the Police Department file, it is evident Officer Charles 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: Barnett Bank is in violation of Section 94.02.
It is the Order of this Board that Barnett 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 3000 E. Enterprise Road after AUQust 24. 1989.
Should the violation reoccur after August 24, 1989, the Board has the authority to
impose a fine of up to $250.00 for each additional false alarm occurring within one
year from the date the first courtesy warning was mailed. If the Board imposes a
fine, a certified copy of the Order imposing the fine may be recorded in the public
records of Pinellas County, Florida, and once recorded shall constitute a lien
against any real or personal property owned by the violator pursuant to Chapter 162,
Florida Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 23rd day of AUQust, 1989.
Case No. 117-89 Tigre Lis Enterprises, Inc.
600 S. Myrtle Avenue
(False Alarms)
Officer Charles Dunn, Ciearwater Police Department, stated courtesy warnings
were sent December 14 and 20, 1988 and a false alarm occurred May 29, 1989. There
was no evidence of criminal activity to cause the alarm. Officer Dunn stated he
spoke with Bob Nelson, Manager for Tigre Lis, who stated there were problems with
the alarm.
Karen Justice, representing Tigre Lis Enterprises, Inc., stated she does not
disagree with the violation. There were problems with electrical storms setting
off the alarm and the alarm company found there was a problem with a sensor on the
window which is now fixed. She stated there have been no problems since.
Mr. Angelis moved that concerning Case No. 117-89 regarding violation of
Section 94.02 of the Clearwater City Code on property located at 600 S. Myrtle
Ave., Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 23rd day of AUQust, 1989, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings of Fact, Conclusions of law, and Order.
MCEB
12
8/23/89
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The Findings of Fact are: after hearing testimony of Officer Charles Dunn,
Jr., Clearwater Police Department, and Karen Justice, representing Tigre Lis
Enterprises, Inc., and viewing the evidence, 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: Tigre Lis Enterprises, Inc. is in violation of
Section 94.02.
It is the Order of this Board that Tigre Lis Enterprises, 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 600 S. Myrtle Avenue after August 25. 1989.
Should the violation reoccur after August 25, 1989, the Board has the authority to
impose a fine of up to $250.00 for each additional false alarm occurring within one
year from the date the first courtesy warning was mailed. If the Board imposes a
fine, a certified copy of the Order imposing the fine may be recorded in the public
records of Pinellas County, Florida, and once recorded shall constitute a lien
against any real or personal property owned by the violator pursuant to Chapter 162,
Florida Statutes. The motion was duly seconded and carried unanimously.
Done and Ordered this 23rd day of AUQust, 1989.
OTHER BOARD ACTION
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Election of Chairman and Vice-Chairman
Consensus of the Board was hold election at the next meeting when all members
are present.
NEW BUSINESS
Alan Zimmet, attorney for the Board, briefly discussed some state law
amendments affecting code enforcement boards which will go into effect October 1,
1989.
Discussion ensued regarding procedures, rules and regulations.
MINUTES - July 26, 1989
Mr. Angelis moved to approve the minutes of the meeting of July 26, 1989 as
submitted. The motion was duly seconded and carried unanimously.
The meeting adjourned at 5:06 p.m.
B~~.
IRMAN
ATTEST:
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MCEB
13
8/23/89