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02/08/1989 MUNICIPAL CODE ENFORCEMENT BOARD February 8, 1989 Members present: Phillip N. Elliott, Chairman Robert Aude, Vice-Chairman James Angelis Frank Morris Bruce Cardinal William Zinzow Absent: William Murray (unexcused) Also present: Rob Surette, Assistant City Attorney Cynthia E. Goudeau, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 3:00 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 89-02-1 Items 1 & 2 Helen M. Gorges Lot 15, Blk. B, Boulevard Pines Sub. aka 529 Crest Avenue Vernon Packer, Sanitation Inspector, stated a complaint was received on October 27, 1988. He inspected the property on October 28, 19889 at which time he observed two motor vehicles parked in the right-of-way and a boat in the setback area, none of which had up-to-date auto tags. He stated he left his business card but received no response. Mr. Packer stated he first posted the property on December 22, 1988 and reposted on January 11, 1989 due to an incorrect date on the original posting. City submitted composite exhibits B and C, five photographs of the vehicles on the property without current tags, taken January 11, 1989. Exhibit A was withdrawn as the photographs were taken at the time of first posting. Mr. Packer stated he revisited the property the morning of the hearing at which time he noticed the vehicles had been moved from the right-of-way, but there were still no current tags on the vehicles. City submitted composite exhibit D, three photographs of the property taken February 8, 1989. Mr. Packer stated Chapter 95 of the City Code defines vehicles on private property that do not have current tags or registrations as debris. The Assistant City Attorney requested the Board take judicial notice of Section 95.03 of the City Code, definitions of debris and inoperable or unlawful vehicles and Section 95.04, the prohibition of the accumulation of debris. In response to questions, Mr. Packer stated the owner of the Toronado is listed as Karen Keegan at the same address, the vehicle's decal having expired October, 1987. He stated the boat is registered to John Sykes and Robert Gorges, however a Douglas Day is shown as holder of title. When questioned regarding notice given to Ms. Keegan, Mr. Packer stated she was present at the time of posting. With regard to the boat, he stated Mr. Gorges was present and given a copy of the notice of violation and Mr. Sykes was sent a copy certified mail. Mr. Packer stated the boat is not currently registered and there is no identifiable registration for the boat trailer. The Assistant City Attorney requested the Board take judicial notice of Florida Statute 320.02(1) relating to mandatory registration of vehicles, and 320.01(1)(a), definition of motor vehicles, including trailers. Mr. Packer stated he reinspected the property the morning of the hearing and the violation still exists. Mr. Robert Gorges, representing Helen Gorges, Karen Keegan and himself, requested a copy of the original complaint received by the Sanitation Division, and submitted it as Defendant exhibit A. He stated the neighbor who made the call stated it was not meant as a complaint. Mr. Gorges stated they have registration and title for the Toronado and legal registration for all vehicles as per state law except the trailer. He stated the vehicles are on private property and therefore legal. He feels the City ordinance is discriminatory at the inspector's level. He questioned the validity of the ordinance and stated he does not feel it applies to this situation. When questioned whether the car, boat and trailer can be operated lawfully ont he streets and waterways, Mr. Gorges stated they can not. In closing, the Assistant City Attorney stated the intent of the ordinance is to prevent excess accumulation of debris, such as abandoned or inoperable material, to keep people from turning their property into junkyards as it is a detriment to the value of neighboring properties. He stated the ordinance allows 30 days for outside storage before repair or removal is required. He stated it is clear Helen Gorges is in violation of the Code and should remove or register the vehicles. In closing, Mr., Gorges stated the vehicles are not abandoned and are registered with the state with the exception of the trailer and it is not ready for use. When questioned regrading the boat, Mr. Gorges stated he was not specifically authorized to represent Mr. Sykes, but they are co-owners. He stated they purchased the boat from Mr. Day approximately two years ago and it has been on the property during that time. He stated there is no intent to use the boat at this time and has no current registration. Mr. Gorges stated the car is operable and for sale. When questioned regarding using the garage for storage, Mr. Gorges stated it is not possible. Mr. Cardinal moved that concerning Items 1 & 2 of Public Nuisance List 89-02-1 regarding violation of Chapter 95 of the Clearwater City Code, specifically Section 95.04, on property located at Lot 15, Block B, Boulevard Pines Sub., aka 529 Crest Ave., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of February, 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 Vernon Packer, Sanitation Inspector, and Mr. Robert Gorges, representing Helen Gorges, Karen Keegan and himself, and viewing the evidence, exhibits submitted: City's composite exhibits B, C & D and Defendant exhibit A, it is evident there exists an accumulation of debris as defined by the City Code. The Conclusions of Law are: Helen Gorges is in violation of Chapter 95 of the City Code. It is the Order of this Board that Helen Gorges shall comply with Chapter 95 of the Code, specifically Section 95.04 of the Code of the City of Clearwater within 30 days (March 10, 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 Helen Gorges. 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 a $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 $1560.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying,. Helen Gorges 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 8th day of February, 1989. Case No. 129-88 John C. Gardner 1012 N. Madison Ave. (Standard Housing Code) The Secretary to the Board stated the Inspector has requested this case be continued to the March meeting as the violator is in the process of complying. Mr. Aude moved to continue Case No. 129-88 to the meeting of March 8, 1989. The motion was duly seconded and carried unanimously. Case No. 1-89 Clearwater Country Club, Inc. 525 N. Betty Lane (False Alarm) When questioned by the Assistant City Attorney whether courtesy warnings were issued on December 1 and 6, 1988 and that another false alarm occurred on December 24, 1988 at the above location, Mr. Walter O'Meara, President of Clearwater Country Club, Inc., responded in the affirmative. Mr. O'Meara stated the alarms were accidentally set off by members of the club. Mr. Donald Guckian of Sonitrol, Inc., the country club's alarm company, stated the Clearwater Country Club has been a long time customer. He stated the system has been updated and there have been problems which he feels are now under control. Mr. Aude moved that concerning Case No. 1-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 525 N. Betty Lane the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of February, 1989, and based on that 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 Walter O'Meara and Donald Guckian, 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: Clearwater Country Club, Inc. is in violation of Section 94.02. It is the Order of this Board that Clearwater Country Club, 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 525 N. Betty Lane, Clearwater, Fla. after February 10, 1989. Should the violation reoccur after February 10, 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 8th day of February, 1989. In response to a request for an explanation of the False Alarm Ordinance, the Assistant City Attorney stated should another false alarm occur after the date of compliance imposed by the Board, the Board will hear the case again and impose a fine at that time should they decide it was indeed a false alarm. Case No. 2-89 Maas Brothers, Inc. 320 Cleveland Street (False Alarm) There was no representative for Maas Brothers, Inc. present at the hearing. Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings to the Manager and President on November 28 and December 20, 1988. He stated a third false alarm occurred on December 23, 1988. He stated he determined who the president of the company was by contacting the Secretary of State of Florida. Mr. Angelis moved that concerning Case No. 2-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 320 Cleveland Street, the Municipal Code Enforcement Board has heard testimony at the Municipal COde Enforcement Board hearing held the 8th day of February, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law and Order. The Findings of Fact are: after hearing testimony of Officer Charles Dunn and 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: Maas Brothers, Inc. is in violation of Section 94.02. It is the Order of this Board that Maas Brothers, 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 320 Cleveland St., Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 8th day of February, 1989. Case No. 3-89 Toys "R" Us, Inc. 2486 U.S. 19 North (False Alarm) When questioned whether courtesy warnings were issued on November 23 and 30, 1988 and that another false alarm occurred on December 12, 1988, Jan Didomenico, representing Toys"R" Us, Inc. stated that was true. Mr. Morris moved that concerning Case NO. 3-89 regrading violation of Section 94.02 of the Clearwater City Code on property located at 2486 U.S. 19 North, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of February, 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 Jan Didomenico, representing Toys "R" Us, Inc. and the Assistant City Attorney and viewing the evidence, it is evident Toys "R" Us, 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: Toys "R" Us, Inc. is in violation of Section 94.02. It is the Order of this Board that Toys "R" Us, 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 2486 U.S. 19 North, Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 8th day of February, 1989. Case No. 4-89 P.G.A. Tour Family Golf Centers, Inc. 3180 S.R. 580 (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings to Frank Reynolds, Manager at 3180 S.R. 580, on December 8 and 12, 1988 and a third false alarm occurred on December 25, 1988 and nothing unusual was noticed by the officer. He stated he checked with the Engineering Department of Clearwater to determine that the property is in Clearwater although it has a Palm Harbor mailing address. Mr. Reynolds stated the business was closed on December 25, 1988. He stated he called Dictagraph, the security company, on December 26th and was told 8-10 businesses had false alarms occur on the 25th that were the fault of the alarm company. Mr. Reynolds stated the alarm was set off once by nearby construction. When questioned regarding problems in the past, he stated the first false alarm was due to new personnel. Mr. Reynolds stated they have contracted with Little Ceasars to operate a restaurant in part of the building and on January 12, 1989, a false alarm occurred. The alarm was set off accidentally by an employee of Little Ceasars when he mistakenly opened the electrical room setting off P.G.A.'s alarm. He stated employees have since been instructed regarding the alarm system and a sign has been posted to keep the door to the electrical room from being opened after 10 p.m. When questioned why the door is not locked, Mr. Reynolds stated it is a requirement of the fire code. The Assistant City Attorney requested this case be withdrawn. Mr. Aude moved to withdraw Case No. 4-89. The motion was duly seconded and carried unanimously. Case No. 5-89 Suncoast Oil Co., Inc. Fina Station #22, 1285 Cleveland St. (False Alarm) William Mitchell, Area Supervisor for Suncoast Oil Co., Inc., admitted to a third false alarm occurrence on January 17, 1989, after two courtesy warnings were mailed by the Police Department. He stated there were numerous problems and he did not receive the notices. He supplied the property address and person to whom any further notices should be sent. Mr. Aude moved that concerning Case No. 5-89 regarding violation of Section Section 94.02 of the Clearwater City Code on property located at 1285 Cleveland Street, the Municipal Code Enforcement Board has heard testimony at the Municipal COde Enforcement Board hearing held the 8th day of February, 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 William Mitchell, Area Supervisor, and viewing the evidence, it is evident Suncoast Oil Co., 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: Suncoast Oil Co., Inc. is in violation of Section 94.02. It is the Order of this Board that Suncoast Oil Co., 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 1285 Cleveland St., Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 8th day of February, 1989. Case No. 6-89 Hickory Grove Condominium Association 9 Turner Street (Life Safety Code) Karl Whittleton, Life Hazard Safety Inspector, stated that on September 2, 1988 he observed obstructions in both stairwells and storage in the east stairwell at the above address. City submitted composite exhibit A, six photographs of the area in question taken December 23, 1988. He reinspected the area the morning of the hearing and the only remaining violation is on the first floor which still has plants and planter in the east stairwell obstructing a main means of egress. The Assistant City Attorney requested the Board take judicial notice of Section 93.21 of the City Code adopting NFPA Life Safety Code 101. He stated removal of those remaining obstructions is all that is needed to come into compliance with the Code. Elizabeth Hayes, first floor resident and owner of those items obstructing the means of egress, questioned Mr. Whittleton regarding required width of passageways leading to the means of egress and was told the minimum allowable is 44 inches. Lowell Bond, President of Hickory Grove Condominium Association, stated the intent of the association is to abide by the fire code and he had asked Ms. Hayes to be here as she is the cause of the remaining violation. Ms. Hayes submitted defendant's exhibit A, a scaled drawing of the area in question. She stated she called the Fire Department and was told the width of the passage should be as wide as a door would be. Ms. Hayes submitted letters of no objection to the items being in the foyer. City submitted exhibit B, a portion of Defendant's exhibit A, marking areas where obstructions are located. When questioned whether the obstructions restrict means of egress per code requirements, Mr. Whittleton stated yes because the items are moveable. Discussion ensued regarding separation between foyer and stairwell. Mr. Whittleton read into the record the definition of means of egress as stated in Life Safety Code 101, Section 5-1.2 as encompassing any areas needed to access exits. Mr. Angelis moved that concerning Case No. 6-89 regarding violation of Sections 5-2.2.3.4 and 5-1.3.2, Life Safety Code 101 as adopted by the Clearwater City Code on property located at 9 Turner Street, the Municipal Code Enforcement Board has heard testimony at the Municipal COde Enforcement Board hearing held the 8th day of February, 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 Karl Whittleton, Life Hazard Safety Inspector, Elizabeth Hayes and Lowell Bond and viewing the evidence, exhibits submitted: City exhibits composite A and B and Defendant's exhibit A, it is evident that there are items in the hallway which obstruct the means of egress. The Conclusions of Law are: Hickory Grove Condominium Association is in violation of Sections 5-2.2.3.4 and 5-1.3.2, Life Safety Code 101. It is the Order of this Board that Hickory Grove Condominium Association shall comply with Sections 5-2.2.3.4 and 5-1.3.2, Life Safety Code 101 as adopted by the Code of the City of Clearwater by February 22, 1989. If Hickory Grove Condominium Association does not comply within the time specified, the Board may order them to pay a fine of $25.00 per day for each day the violation continues to exist. If Hickory Grove Condominium Association does not comply within the time specified, 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. Upon complying, Hickory Grove Condominium Association shall notify Karl Whittleton, the City Official who shall inspect 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. Done and Ordered this 8th day of February, 1989. Case No. 9-89 Drakeford, Inc. 1594 S. Myrtle Ave. (Life Safety Code) The Secretary to the Board requested this case be continued to the March meeting. Mr. Aude moved to continue Case No. 9-89 to the meeting of March 8, 1989. The motion was duly seconded and carried unanimously. Case No. 10-89 Coyotes Restaurant, Inc. 1730 U.S. 19 North (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings on December 21 & 28, 1988 after which a third false alarm occurred on January 21, 1989. He stated per the report of the 21st, there was no evidence of criminal activity or other circumstances. George Pavlick, President of Coyotes Restaurant, Inc., stated he responded to the alarm on January 21, 1989 and found the patio doors were not latched. He stated someone stayed in the building until after closing. Mr. Pavlick stated the December 25, 1988 alarm was also due to an illegal entry at which time there was evidence of theft. He stated he has had other problems and has since installed security lights. In response to a question, he stated the basis of the January 2, 1989 alarm was not known. Mr. Pavlick stated Sonitrol, Inc., the alarm company for the business, informed him on December 25, 1988 that someone was trying to get in the deli door. When questioned if anything was stolen, Mr. Pavlick responded there had been and they did their own internal investigation utilizing a private polygraph company. He stated at that time some personnel quit rather than take the polygraph. Mr. Pavlick stated he has since had the locks changed. He stated he was told by Sonitrol the system was in working order. The Assistant City Attorney requested this case be withdrawn, informing Mr. Pavlick of the need to notify the Police Department of evidence of illegal entry. Mr. Aude moved to withdraw Case No. 10-89. The motion was duly seconded and carried unanimously. Case No. 11-89 Maison Blanche Goudchaux, Inc. Countryside Mall, 2601 U.S. 19 North (False Alarm) Mr. Christopher Mann, representing Maison Blanche Goudchaux, Inc., admitted to receiving courtesy warnings which were sent on December 6 & 15, 1988, and a third false alarm occurred on December 18, 1988. He stated it is their policy to maintain an effective system and have taken action to correct the problem. Mr. Aude moved that concerning Case NO. 11-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at Countryside Mall, 2601 U.S. 19 North, the Municipal Code Enforcement Board has heard testimony at the Municipal COde Enforcement Board hearing held the 8th day of February, 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 Christopher Mann, representing Maison Blanche Goudchaux, Inc. and viewing the evidence, it is evident the Clearwater Police Department has mailed two courtesy warnings within a one-year period and a false alarm occurred after the date of the second courtesy warning and within one year of the date of the first courtesy warning. The Conclusions of Law are: Maison Blanche Goudchaux, Inc. is in violation of Section 94.02. It is the Order of this Board that Maison Blanche Goudchaux, 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 2601 U.S. 19 North, Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 persona property owned by the violator pursuant to Chapter 162, Florida Statutes. The motion was duly seconded and carried unanimously. Done and Ordered this 8th day of February, 1989. Case No. 12-89 Julie's Cafe, Inc. 351 South Gulfview Blvd. (False Alarm) Ms. Julie Tiernan, owner of Julie's Cafe, Inc., admitted to false alarms occurring on November 26, December 14, 1988 and January 3, 1989. She stated Sonitrol, Inc., the alarm company for the business, was investigating the system to determine the problem. Mr. Cardinal moved that concerning Case No. 12-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 351 S. Gulfview Boulevard, the Municipal Code Enforcement Board has heard testimony at the Municipal COde Enforcement Board hearing held the 8th day of February, 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 Julie Tiernan 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: Julie's Cafe, Inc. is in violation of Section 94.02. It is the Order of this Board that Julie's Cafe, 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 351 S. Gulfview Blvd., Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 persona property owned by the violator pursuant to Chapter 162, Florida Statutes. The motion was duly seconded and carried unanimously. Done and Ordered this 8th day of February, 1989. Case No. 13-89 Lawton's Jewelry Co. of Florida, Inc. Clearwater Mall, #103, 505 U.S. 19 South (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent November 22 and December 13, 1988, and another false alarm occurred on December 14, 1988. No representative of the violator was present at the hearing. Mr. Aude moved that concerning Case No. 13-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at Clearwater Mall, #103, 505 U.S. 19 South, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of February, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law and Order. The Findings of Fact are: after hearing testimony of Officer Charles Dunn and 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: Lawton's Jewelry Co. of Florida, Inc. is in violation of Section 94.02. It is the Order of this Board that Lawton's Jewelry Co. of Florida, 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 Clearwater Mall, #103, 505 U.S. 19 South, Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 persona property owned by the violator pursuant to Chapter 162, Florida Statutes. The motion was duly seconded and carried unanimously. Done and Ordered this 8th day of February, 1989. Case No. 14-89 Carol N. Brown 172 Harborage Court (False Alarm) City submitted exhibit A, an affidavit of no contest signed by Carol Brown authorizing the Board to take necessary action. Mr. Morris moved that concerning Case No. 14-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 172 Harborage Court, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of February, 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 the Assistant City Attorney and viewing the evidence, exhibits submitted: City exhibit A, an affidavit submitted by Ms. Brown, 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: Carol N. Brown is in violation of Section 94.02. It is the Order of this Board that Carol N. Brown shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 172 Harborage Court, Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 persona property owned by the violator pursuant to Chapter 162, Florida Statutes. The motion was duly seconded and carried unanimously. Done and Ordered this 8th day of February, 1989. Case No. 15-89 Tigre Lis Enterprises, Inc. Cancelled Case No. 16-89 Maas Brothers, Inc. Cancelled Case No. 17-89 Virginia Holt dba The Betty Lane Shop 810 S. Ft. Harrison Avenue (False Alarm) Estelle Myers, Manager of The Betty Lane Shop, admitted that courtesy warnings were sent regrading false alarm occurrences on November 28, December 19 and a third alarm occurring on December 27, 1988. She stated each time they found glass outside the windows and on one occurrence the windows were broken. Ms. Myers stated they replaced the glass windows with unbreakable windows. She stated Vision Cable checked the alarm system and they had it disconnected from the windows. Ms. Myers stated vandals are throwing bottles at the windows, setting off the alarm. Officer Charles Dunn, Clearwater Police Department, stated he disregarded one alarm because of a coke can outside the window. He stated he was not made aware of the broken glass. The Assistant City Attorney requested this case be withdrawn. Mr. Aude moved to withdraw Case No. 17-89. The motion was duly seconded and carried unanimously. Case No. 18-89 Peter Wertheim Cancelled Case No. 19-89 Boardwalk Galleries, Inc. dba The Brown Art Gallery 417 Mandalay Avenue (False Alarm) Mr. Carl Wells, President of Boardwalk Galleries, Inc., stated two courtesy warnings were issued for December 18th, and a third false alarm occurred on December 23, 1988. He stated he sold the business as of January 17, 1989. Mr. Wells stated it takes more than two alarms to figure out what went wrong with the system. The Assistant City Attorney requested this case be withdrawn. Mr. Morris moved to withdraw Case NO. 19-89. The motion was duly seconded and carried unanimously. Case No. 20-89 Barnett Bank of Pinellas County 2200 Belleair Road (False Alarm) Mr. Ian Dziubinski, representing Barnett Bank of Pinellas County, stated Barnett Bank, Inc., does not have a license to operate in Pinellas County. He provided correct information regarding address and contact for future correspondence. He stated it was determined there was a hardware problem and it has since been corrected. Mr. Angelis moved that concerning Case NO. 20-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2200 Belleair Road, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of February, 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 Ian Dziubinski, representing Barnett Bank of Pinellas County, 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: Barnett Bank of Pinellas County is in violation of Section 94.02. It is the Order of this Board that Barnett Bank of Pinellas County shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2200 Belleair Road, Clearwater, Fla. after February 9, 1989. Should the violation reoccur 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 persona property owned by the violator pursuant to Chapter 162, Florida Statutes. The motion was duly seconded and carried unanimously. Done and Ordered this 8th day of February, 1989. Case No. 21-89 Paul and Wanda Nixon 1800 N. Ft. Harrison Ave. (Development Code) The Inspector requested this case be continued to the March meeting as the violation is in the process of being corrected. Mr. Cardinal moved to continue Case No. 21-89 to the meeting of March 8, 1989. The motion was duly seconded and carried unanimously. Case No. 22-89 Howard Fest 1009-1011 Lee Street (Development Code) The Inspector requested this case be continued to the March meeting as the violation is in the process of being corrected. Mr. Cardinal moved to continue Case No. 22-89 to the meeting of March 8, 1989. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 126-88 Michael Podniestrzanksi 1216 N. Ft. Harrison Ave. (Development Code) Affidavit of Non-Compliance Mr. Aude moved to accept the Affidavit of Non-Compliance in Case No. 126-88 and issue the Order imposing the fine. The motion was duly seconded and carried unanimously. Case No. 127-88 Michael Podniestrzanksi 500 N. Ft. Harrison Ave. (Development Code) Affidavit of Non-Compliance Mr. Aude moved to accept the Affidavit of Non-Compliance in Case No. 127-88 and issue the Order imposing the fine. The motion was duly seconded and carried unanimously. Case No. 128-88 Mildred Harbison (Life Safety Code) Affidavit of Compliance Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 128-88. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report The Fine Status Report was reviewed. Discussion - Rules and Regulations Proposed amendments to the Rules and Regulations are as follows: Article IV, Section 1, delete "annual organizational meeting in October" and insert first meeting in January; Article V, Section 3, insert at the beginning of the paragraph "Whenever possible" and delete "both" before "regular and special"; Section 4a., delete "Chairperson", insert "Secretary", and delete "not going" before "unable to attend"; Section 4b., after "without prior" delete "approval of the Chairperson" and insert "notification"; Section 5, at the end of the paragraph insert "except that an affirmative vote of Four (4) shall be required to adopt an Order of the Board"; Article VII, Section 1, after "initiated by" insert "the City Attorney's Office"; Section 2, after "The Secretary shall" delete "assure the Affidavit of Violation and Request for Hearing is completed correctly,"; Section 4, after "empowered to" delete "issue" and insert "prepare" and delete the last sentence; Section 5, delete entire section; Article VIII, Section 1(1), 3rd sentence, after "(10) days and" delete "be" and insert "sent certified" and after "mail" insert "return receipt requested"; Article IX, Section 2, at the beginning of the second sentence insert "Upon acceptance by the Board"; Article X, Section 2, after "Regulations" delete "shall" and insert "may", after "readopted by the Board" delete "annually at its regular meeting" and insert "as deemed necessary." The Secretary to the Board suggested scheduling two monthly meetings beginning at 3:00 p.m. and that the agenda for each meeting be open to all types of violations. Mr. Angelis moved to approve the recommendation of the Secretary to hold two regular meetings, the second and fourth Wednesday of each month, starting at 3:00 p.m. The motion was duly seconded and carried unanimously. Mr. Aude moved to approve the amendments to the Rules and Regulations as submitted to each Board member. The motion was duly seconded and carried unanimously. MINUTES - Meetings of January 11 and January 25, 1988. Mr. Morris moved to approve the minutes of the meetings of January 11 and 25, 1988. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 4:45 p.m.