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02/22/1989 MUNICIPAL CODE ENFORCEMENT BOARD February 22, 1989 Members present: Phillip N. Elliott, Chairman James Angelis Bruce Cardinal William Murray William Zinzow Absent: Robert Aude, Chairman (excused) Frank Morris (excused) 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. 23-89 David Trager dba Captain & Kings Men's Fashions 770 South Gulfview Boulevard (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings on November 22 and December 23, 1988 and a false alarm occurred on January 12, 1989. Mr. Trager stated he and his wife operate the store, but on January 12th his mother opened the store and didn't realize she needed to turn off the back door alarm. The Assistant City Attorney requested the Board take judicial notice of Section 94.02 of the City Code regarding false alarms. Mr. Angelis moved that concerning Case No. 23-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 770 South Gulfview Blvd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd 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 David Trager 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: Captain and Kings Men's Fashions is in violation of Section 94.02. It is the Order of this Board that Captain and Kings Men's Fashions shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 770 South Gulfview Blvd., Clearwater, Fla. after February 23, 1989. Should the violation reoccur after February 23, 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 22nd day of February, 1989. Case No. 24-89 Susan St. Clair Roper, M.D. 2467 "A" Enterprise Road (False Alarm) Officer Dunn, Clearwater Police Department, stated he sent courtesy warnings on November 27 and December 2, 1988 and a false alarm occurred on January 10, 1989. The Assistant City Attorney requested the Board take judicial notice of Section 94.02 of the City Code. Dr. Roper stated she has had problems with Brinks Security System and has records of the system being fixed. A new system was installed as of February 13, 1989 and there have been no problems since that time. Mr. Cardinal moved that concerning Case NO. 24-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2467 "A" Enterprise Road, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd 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 Dr. Susan St. Clair Roper 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: Dr. Susan St. Clair Roper is in violation of Section 94.02. It is the Order of this Board that Dr. Susan St. Clair Roper shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2467 "A" Enterprise Road, Clearwater, Fla. after March 14, 1989, extended time allowed due to installation of new alarm system. Should the violation reoccur after March 14, 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 22nd day of February, 1989. Case No. 25-89 JNO H. Swisher and Sons, Inc. 509 East Avenue (False Alarm) Officer Charles Dunn stated courtesy warnings were issued December 22 and 29, 1988 and a false alarm occurred on January 9, 1989. He stated he contacted the Secretary of State to acquire the name and address of the president of the company. Mr. Murray moved that concerning Case No. 25-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 509 East Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd 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: JNO H. Swisher and Sons, Inc. is in violation of Section 94.02. It is the Order of this Board that JNO H. Swisher and Sons, 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 509 East Avenue, Clearwater, Fla. after February 23, 1989. Should the violation reoccur after February 23, 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 22nd day of February, 1989. Case No. 26-89 Associate Hosts of Florida, Inc. dba Bombay Bicycle Club Cafe and Bar 2721 Gulf-to-Bay Boulevard (False Alarm) Officer Charles Dunn stated courtesy warnings were issued on November 29 and December 17, 1988 and a false alarm occurred on January 9, 1989. He stated he contacted the Secretary of State to determine who is the president of the company. The Assistant City Attorney requested the Board take judicial notice of Section 94.02 of the City Code. City submitted exhibit A, an affidavit of no contest signed by Paul Rothman, President of Associated Hosts of Florida, Inc. Mr. Angelis moved to accept the affidavit of no contest. The motion was duly seconded and carried unanimously. Mr. Cardinal moved that concerning Case No. 26-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2721 Gulf-to-Bay Blvd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd 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, exhibits submitted: City exhibit A, an affidavit signed by Paul Rothman, 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: Bombay Bicycle Club Cafe and Bar is in violation of Section 94.02. It is the Order of this Board that Bombay Bicycle Club Cafe and Bar shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2721 Gulf-to-Bay Blvd., Clearwater, Fla. after February 23, 1989. Should the violation reoccur after February 23, 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 22nd day of February, 1989. Case No. 27-89 Morrisons Incorporated 1315 Cleveland Street (False Alarm) Officer Dunn stated courtesy warnings were issued December 21 and 27, 1988 and a false alarm occurred on January 10, 1989. William Auclaire, Manager of Morrisons, Inc., stated he has had many problems with the alarm company. He stated he has cancelled service effective March 1, 1989. Mr. Murray moved that concerning Case No. 27-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1315 Cleveland St., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd 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 William Auclaire, representing Morrisons 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: Morrisons Incorporated is in violation of Section 94.02. It is the Order of this Board that Morrisons 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 1315 Cleveland St., Clearwater, Fla. after March 1, 1989. Should the violation reoccur after March 1, 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 22nd day of February, 1989. Case No. 28-89 Dorothy Henriquez 716 Eldorado Avenue (False Alarm) The Secretary to the Board requested this case be continued to obtain proper service. Mr. Cardinal moved to continue Case No. 28-89 in order to obtain proper service. The motion was duly seconded and carried unanimously. Case No. 29-89 Key West Grill, Inc. 2660 Gulf-to-Bay Boulevard (False Alarm) Mr. Murray moved to continue Case No. 29-89 in order to obtain proper service. The motion was duly seconded and carried unanimously. Case No. 30-89 Robert Coleman 801 Snug Island (False Alarm) Officer Dunn stated two courtesy warnings were issued November 25 and December 13, 1988, and a false alarm occurred on January 17, 1989. Mr. Coleman was not present but did return an affidavit of no contest. The Assistant City Attorney requested the Board take judicial notice of Section 94.02 of the City Code. Mr. Angelis moved that concerning Case No. 30-89 regarding violation of Section 94.02 of the City Code on property located at 801 Snug Island, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd 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: Robert Coleman is in violation of Section 94.02. It is the Order of this Board that Robert Coleman shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 801 Snug Island, Clearwater, Fla. after February 23, 1989. Should the violation reoccur after February 23, 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 22nd day of February, 1989. The meeting adjourned at 5:44 p.m.