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01/25/1989 MUNICIPAL CODE ENFORCEMENT BOARD January 25, 1989 Members present: Phillip N. Elliott, Chairman Robert Aude, Vice-Chairman (arrived 5:11 p.m.) James Angelis Frank Morris Bruce Cardinal William Murray William Zinzow Also present: Rob Surette, Assistant City Attorney Cynthia E. Goudeau, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 5:00 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 Case No. 132-88 T.G.I. Friday's Inc. 2435 U.S. 19 North (False Alarm Code) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings November 22, 24 & 28, 1988 to the President and Manager of T.G.I. Friday's, Inc. following Police Department responses to false alarms. Vince Gigilotti, representing T.G.I. Friday's, Inc. stated he does not disagree with the citation. He stated he received the notices after Thanksgiving. There were problems with the cleaning crew not following procedures and he has had members of the crew terminated. In closing, the Assistant City Attorney stated the violator has admitted to the violation and recommended a short compliance time for corrective action. Mr. Gigilotti stated actions have been taken to alleviate the problem. Officer Dunn stated there have been no false alarms since November 28, 1988. Mr. Cardinal moved that concerning Case No. 132-88 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2435 U.S. 19 N., Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of January, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Officer C.J. Dunn and Vince Gigilotti, representing T.G.I. Friday's, Inc. and viewing the evidence, it is evident T.G.I. Friday's, 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: T.G.I. Friday's, Inc. is in violation of Section 94.02. It is the Order of this Board that T.G.I. Friday's, Inc. shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur after January 26, 1989. Should the violation recur after January 26, 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 25th day of January, 1989. Case No. 133-88 John Baldwin, Inc. 432 Cleveland St. (False Alarm Code) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings November 28th, 7 & 8 p.m., and December 1, 1988 to the President and Manager of John Baldwin, Inc. Ms. Jennie Minex, representing John Baldwin, Inc. stated she does not contest the violation. She stated there was a mechanical problem which has been repaired three times. The alarm company has given assurances it won't happen again. When questioned if the false alarms are still occurring, Officer Dunn stated there haven't been any more. Mr. Angelis moved that concerning Case No. 133-88 regarding violation of Section 94.02 of the Clearwater City Code on property located at 432 Cleveland St., Clearwater, FL 34615, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of January, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Officer C.J. Dunn and Ms. Minex, representing John Baldwin, Inc. and viewing the evidence, it is evident John Baldwin, 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: John Baldwin, Inc. is in violation of Section 94.02. It is the Order of this Board that John Baldwin, Inc. shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur after January 26, 1989. Should the violation recur after January 26, 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 25th day of January, 1989. Case No. 134-88 Key West Grill, Inc. 2660 Gulf-to-Bay Blvd. (False Alarm Code) The City requested this case be withdrawn. Mr. Aude moved to withdrawn Case No. 134-88. The motion was duly seconded and carried unanimously. Case No.135-88 Shorts, Inc. 512 Cleveland St. (False Alarm Code) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings November 25 & 27, 1988 and again on December 7 & 12, 1988 to the President of Shorts, Inc. William Short, President of Shorts, Inc., stated the alarm system was installed in 1954. He stated the system was malfunctioning and has now been completely replaced. Discussion ensued regarding the sensitivity of motion alarms during heavy winds. Officer Dunn stated wind is not a factor in false alarms according to ADT, the company that installed Shorts, Inc. new alarm system. He stated alarms set off by electrical storms are not cited as false alarm violations. When asked if he contests the December 12, 1988 false alarm, Mr. Short stated he does not. He stated the system was replaced on December 19, 1988. Mr. Aude moved that concerning Case No. 135-88 regarding violation of Section 94.02 of the Clearwater City Code on property located at 512 Cleveland St., Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of January, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Officer C.J. Dunn and William Short 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: Shorts, Inc. is in violation of Section 94.02. It is the Order of this Board that Shorts, Inc. shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur after January 26, 1989. Should the violation recur after January 26, 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 25th day of January, 1989. Case No. 136-88 Fortune Savings Bank 655 South Belcher Rd. (False Alarm Code) Diane Neely, representing Fortune Savings Bank, when asked if she was aware of the false alarm occurrence on December 5, 1988, responded they do not contest the violation. Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings December 1, 2 & 5, 1988 and issued the Notice of Violation on December 13, 1988. Ms. Neely stated there was a mechanical problem and they had to replace the system. They continued to experience problems which were traced to problems with the telephone line. The line was replaced. One more false alarm occurred due to improper programming of the system. The system was serviced on January 9, 1989 at which time the system was re-programmed. She stated there have been no problems since then. Mr. Murray moved that concerning Case No. 136-88 regarding violation of Section 94.02 of the Clearwater City Code on property located at 655 South Belcher Rd., Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of January, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Officer C.J. Dunn and Ms. Neely, Manager of Fortune Savings 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: Fortune Savings Bank is in violation of Section 94.02. It is the Order of this Board that Fortune Savings Bank shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur after February 9, 1989. Should the violation recur after February 9, 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 25th day of January, 1989. Case No. 137-88 Sound Advice, Inc. 1451 U.S. 19 South (False Alarm Code) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings on November 27, December 2 & 8, 1988 to the President and Manager of Sound Advice, Inc. Officer Joseph Rinaldi, Clearwater Police Department, stated on December 8, 1988, he responded to an intrusion alarm at which time he checked the exterior of the building and noticed no debris, no signs of forced entry and no weather conditions to cause activation of the alarm. He stated he requested the subscriber to respond and got no response. Officer Dunn stated he had been in contact with the subscriber two or three times and was told there was no understanding of why the alarm is going off. Mr. Murray moved that concerning Case No. 137-88 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1451 U.S. 19 South, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of January, 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 Officers C.J. Dunn and J. Rinaldi 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: Sound Advice, Inc. is in violation of Section 94.02. It is the Order of this Board that Sound Advice, Inc. shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur after January 26, 1989. Should the violation recur after January 26, 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 25th day of January, 1989. NEW BUSINESS - None. ADJOURNMENT The meeting adjourned at 6:06 p.m.