Loading...
03/22/1989 MUNICIPAL CODE ENFORCEMENT BOARD March 22, 1989 Members present: Phillip N. Elliott, Chairman James Angelis Bruce Cardinal William Murray William Zinzow Absent: Robert Aude, Chairman (excused) Vacant Seat 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 89-3-2 Item No. 1 Richard M. Lennon 1101-1115 Lakeview Road a/k/a Lots 1-5 & 15, Blk. A, Lakeview Heights Sub. Vernon Packer, Sanitation Inspector, stated he inspected the subject property on February 13, 1989 at 11:30 a.m. after the Sanitation Division received a complaint from a neighbor. City submitted exhibit A, a photograph of the property taken February 14, 1989 at the time the property was posted. Mr. Packer stated he reinspected the property the morning of the hearing and the violation still existed. He stated the property is overgrown with weeds and there is an accumulation of debris. He obtained ownership information from the Property Appraiser's Office of Pinellas County and sent notice to the owner by certified mail for which the receipt was returned. No one was present to represent Mr. Lennon. Mr. Angelis moved that concerning Case No. 1, List 89-3-2, regarding violation of Section 95.04 on property located at 1101-1115 Lakeview R., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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 viewing the evidence, exhibits submitted: City exhibit A, a photograph of the property, it is evident there exists excessive growth and/or accumulation of weeds and the accumulation of debris as defined by the City Code at the above address. The Conclusions of Law are: Richard Lennon is in violation of Section 95.04. It is the Order of this Board that Richard Lennon shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (4/3/89). 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 Richard Lennon. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Richard Lennon 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 22nd day of March, 1989. Case No. 28-89 Dorothy Henriquez 716 Eldorado Ave. (False Alarms); cont. from 2/22/89 Officer Charles Dunn, Clearwater Police Department, stated he verified ownership of the property through the County Property Appraiser's Office. He stated courtesy warnings were sent on December 23 and 29, 1988, and a false alarm occurred on January 6, 1989. He stated the problem seemed to be mechanical. Don Guckian of Sonitrol, Inc., representing Ms. Henriquez, stated it is a new system and there were some mechanical and operational problems. He stated the system has been working properly the past couple of months. Officer Dunn concurred there have been no problems lately. Mr. Cardinal moved that concerning Case No. 28-89 regarding violation of Section 94.02 of the City Code on property located at 716 Eldorado Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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 Don Guckian, representing Ms. Henriquez, 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: Dorothy Henriquez is in violation of Section 94.02. It is the Order of this Board that Dorothy Henriquez shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 716 Eldorado Ave., Clearwater after March 23, 1989. Should the violation reoccur after March 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 March, 1989. Case No. 37-89 Florida National Bank 1971 Sunset Point Road (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent December 21 and 30, 1988 and a false alarm occurred on January 15, 1989. He stated there was no obvious reason for the alarm and the subscriber did not respond. William McCann, Security Officer for Florida National Bank, stated the bank is closed, the alarm company could not find the problem and the service has since been disconnected. He stated the property is being sold as a gas station. Mr. Murray moved that concerning Case No. 37-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1971 Sunset Point Road, Clearwater, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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 William McCann, Security Officer for Florida National Bank, and viewing the evidence, submitted, 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: Florida National Bank is in violation of Section 94.02. It is the Order of this Board that Florida National 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 1971 Sunset Point Road after March 23, 1989. Should the violation reoccur after March 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 March, 1989. Case No. 38-89 John Hurley 32 Leeward Isle (False Alarms) There was no one present to represent Mr. Hurley. The Assistant City Attorney requested the Board take judicial notice that a Notice of Violation and Notice of Hearing were sent certified mail and signed for by Mr. Hurley. Officer Charles Dunn, Clearwater Police Department, stated he mailed courtesy warnings on December 23, 1988 and January 9, 1989 and a false alarm occurred on January 28, 1989. He stated the reason for the alarm was unknown and there was no response by the subscriber. Mr. Angelis moved that concerning Case No. 38-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 32 Leeward Isle, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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 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: John Hurley is in violation of Section 94.02. It is the Order of this Board that John Hurley shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 32 Leeward Isle after March 23, 1989. Should the violation reoccur after March 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 March, 1989. Case No. 39-89 Bay Petroleum, Inc. d/b/a Gulf-to-Bay Shell 1551 Gulf-to-Bay Blvd. (False Alarms) Mr. Cardinal moved to continue Case No. 39-89 in order to obtain proper service of the Notice of Hearing. The motion was duly seconded and carried unanimously. Case No. 40-89 Ann Loughridge Kerr 425 South Garden Avenue (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings January 7 and 11, 1989 and a false alarm occurred on January 20, 1989. The Assistant City Attorney requested the Board take judicial notice of an Affidavit of No Contest signed by Ms. Kerr. Mr. Cardinal moved that concerning Case No. 40-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 425 South Garden Avenue, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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, receiving an Affidavit of No Contest signed by Ms. Kerr 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: Ann Loughridge Kerr is in violation of Section 94.02. It is the Order of this Board that Ann Loughridge Kerr shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 425 South Garden Avenue after March 23, 1989. Should the violation reoccur after March 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 March, 1989. Case No. 41-89 Shorts, Inc. #117 Countryside Mall, 2601 U.S. 19 North (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent December 1 and 29, 1988 and a false alarm occurred January 17, 1989. He stated the officer who responded to the alarm reported it as a mechanical problem. William Short, Jr., owner, stated the false alarms did occur, he contacted the alarm company, and after the second alarm he had a new system installed. He stated after the third false alarm, the system was reprogrammed and there have been no violations since. In response to a question, Mr. Short stated the system was installed within 30 days of the last false alarm. The Assistant City Attorney requested this case be dismissed. Mr. Murray moved to dismiss Case No. 41-89. The motion was duly seconded and carried unanimously. Case No. 42-89 J. P. Hotels, Inc. d/b/a Holiday Inn Surfside 400 Mandalay Avenue (False Alarms) Jeff Daniels, Fire Inspector, stated courtesy warnings were sent on November 23, 1988 and February 6, 1989 and a false alarm occurred on February 15, 1989. He stated there was no reason for the alarm, and the Fire Department has responded five more times since the February 15 occurrence, all of which were determined as false alarms. Darryl Saylor, representing J. P. Hotels, stated the alarm system is checked every six months by an outside company and they do in-house inspections and fire drills every month. He stated they removed a three minute delay from the system six months ago at the recommendation of the Fire Department. Mr. Saylor stated they have changed the sensitivity on smoke detectors, put boxes over pull stations and the alarm company is implementing a silence mode to the system. In response to a question, Mr. Saylor stated the general alarm will sound on the floors directly below and above the alarm, and the Fire Department is automatically called for every alarm. Mr. Murray moved that concerning Case No. 42-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 400 Mandalay Ave., Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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 Jeff Daniels, Fire Inspector, and Darryl Saylor, Regional Vice President, and viewing the evidence, it is evident the Clearwater Fire 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: J. P. Hotels dba Holiday Inn Surfside is in violation of Section 94.02. It is the Order of this Board that J. P. Hotels dba Holiday Inn Surfside shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 400 Mandalay Avenue after March 23, 1989. Should the violation reoccur after March 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 March, 1989. Case No. 43-89 Mas One Limited, Partnership 600 Cleveland Street (False Alarms) Peter M. Perhach, representing the managing company of Mas One Limited, Partnership, stated the problem is with a passageway door on Garden Street utilizing a card access system. He stated the alarm had a 30 second delay before sounding which was not enough time for cleaning people and people entering or leaving Harbor Club parties. Mr. Perhach stated the delay was changed to 60 seconds after which more alarms occurred. He stated the alarm will now be off until 10 or 11 p.m., the timer will be set at two minutes, a sign will be posted by the door regarding closing the door within a certain length of time and during parties, a security guard will be posted at the door to make sure it is closed quickly. He stated a new computer board was installed which may have something to do with the alarms and they are working with National Guardian to correct the problem. Officer Dunn stated this address had approximately 40 false alarms since November, 1988. Mr. Murray moved that concerning Case No. 43-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 600 Cleveland Street, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of March, 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 Peter M. Perhach, representing Mas One Limited, 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: Mas One Limited, Partnership is in violation of Section 94.02. It is the Order of this Board that Mas One Limited, Partnership 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 Cleveland Street after March 23, 1989. Should the violation reoccur after March 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 March, 1989. UNFINISHED BUSINESS Case No. 126-87 Michael Podniestrzanski Case No. 127-87 (Development Code) address Board re fines As Mr. Podniestrzanski was not present, it was the consensus of the Board to reschedule if requested. Case No. 121-88 Cyprion Enterprises, Inc. d/b/a LaRose Gourmet Restaurant (Development Code) Affidavit of Compliance Mr. Angelis moved to accept the Affidavit of Compliance in Case No. 121-88. The motion was duly seconded and carried unanimously. Case No. 130-88 John Mavrogiannis d/b/a Import Auto Clinic (Development Code) Affidavit of Non-Compliance Mr. Cardinal moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine in Case No. 130-88. The motion was duly seconded and carried unanimously. Item No. 2, Henry L. Moore List 88-9-2 1428 Lemon Street Affidavit of Non-Compliance Mr. Cardinal moved to accept the Affidavit of Non-Compliance regarding Item No. 1, List 88-9-2. The motion was duly seconded and carried unanimously. Item Nos. 1 & 2, Helen M. Gorges List 89-2-1 529 Crest Avenue Affidavit of Non-Compliance Mr. Angelis moved to accept the Affidavit of Non-Compliance regarding Items No. 1 & 2, List 89-2-1. The motion was duly seconded and carried unanimously. The Secretary to the Board informed the Board a motion for injunction has been requested regarding this case and the Assistant City Attorney is preparing a response to the motion. Item No. 1, Alexander Green List 89-3-1 806 Carlton Street Affidavit of Compliance Item No. 2, Thomasine Carter List 89-3-1 1109 Macrae Avenue Affidavit of Compliance Mr. Angelis moved to accept the Affidavits of Compliance regarding Items 1 & 2, List 89-3-1. The motion was duly seconded and carried unanimously. Item No. 3, Eva Harris List 89-3-1 1006 Metto Street Affidavit of Non-Compliance Mr. Murray moved to accept the Affidavit of Non-Compliance regarding Item No. 3, List 89-3-1. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Case No. 9-88 Nostimo, Inc./Lambros Lots 8-11, Blk. 8, Clearwater Beach revised (Building Code) The Secretary informed the Board of the accrued fine. Mr. Zinzow moved to direct the filing of the lien in Case No. 9-88. The motion was duly seconded and carried unanimously. The Secretary requested the Board consider a procedure for the filing of liens. NEW BUSINESS - None. MINUTES Mr. Angelis moved to approve the minutes of the meeting of March 8, 1989 as submitted. The motion was duly seconded and carried unanimously. The meeting adjourned at 4:15 p.m.