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04/26/1989 MUNICIPAL CODE ENFORCEMENT BOARD April 26, 1989 Members present: Phillip N. Elliott, Chairman Robert Aude, Vice-Chairman James Angelis Bruce Cardinal Michael Dallman Absent: William Murray (unexcused) William Zinzow (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 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 Case No. 42-89 J.P. Hotels, Inc. dba Holiday Inn Surfside 400 Mandalay Avenue (False Alarms) District Chief Thomas Coleman, Clearwater Fire Department, stated he responded to an alarm on April 1st at 400 Mandalay Ave. at which time there was no evidence of fire. He stated the alarm was the result of a faulty smoke detector on the ninth floor. He has responded eight times since February 15, 1989 including April 11th. All instances were result of a faulty system. The Assistant City Attorney requested the Board take judicial notice of prior hearing proceedings at which time the Board issued an order. Don Markhart, representing J.P. Hotels, Inc. stated Honeywell reviewed all systems and noticed no irregularities except a faulty smoke detector. He stated faulty smoke alarms are automatically replaced. Detectors with a higher density are on order and they are taking every step possible to correct the situation. The Assistant City Attorney requested the Board take judicial notice of Code Section 94.02. He requested the Board impose at least a $50-100 fine. Discussion ensued regarding the effort taken to correct the situation and the appropriate fine amount. Mr. Angelis 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 26th day of April, 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 Thomas Coleman, District Chief, Clearwater Fire Department and Doug Markhart, representing J.P. Hotels, Inc., and taking notice of prior proceedings at which time the Board issued an order, it is evident that two (2) additional false alarms occurred after the compliance date set by the Board and within one year of issuance of the first courtesy warning. The Conclusions of Law are: J.P. Hotels, Inc. dba Holiday Inn Surfside has not complied with the Order of the Municipal Code Enforcement Board of March 22, 1989. It is the Order of this Board that J.P. Hotels, Inc. dba Holiday Inn Surfside shall pay a fine of $25.00 for each of the two (2) additional false alarm occurrences. If J.P. Hotels, Inc. dba Holiday Inn Surfside does not pay the fine, a certified copy of this Order shall be recorded in the Public Records of the Office of the Clerk of the Circuit Court in and for Pinellas County, 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 upon the vote being taken, Messrs. Angelis, Cardinal, Elliott and Dallman voted "aye." Mr. Aude voted "nay." Motion carried. Done and Ordered this 26th day of April, 1989. Case No. 48-89 Michael R. & John G. O'Connell 110 Brightwater Drive (Occupational License) There was no one present to represent the violator. Stuart Williams, Occupational License Inspector, stated the business is rental units of which there is a license fee of $25 per year for 2-5 units. He stated to date the occupational license has not been renewed. Mr. Williams stated this late renewal occurs yearly. Mr. Aude moved that concerning Case No. 48-89 regarding violation of Sections 71.01 and 71.02 of the Clearwater City Code on property located at 110 Brightwater Dr. aka Bayside Sub., Lot 55, Palmtopper Condo 85-101, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Stuart Williams, Occupational License Inspector, and viewing the evidence, it is evident that Michael R. and John G. O'Connell are operating a business without a City of Clearwater occupational license. The Conclusions of Law are: Michael R. and John G. O'Connell are in violation of Sections 71.01 and 71.02. It is the Order of this Board that Michael R. and John G. O'Connell shall comply with Sections 71.01 and 71.02 of the Code of the City of Clearwater by May 3, 1989. If Michael R. and John G. O'Connell do 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 Michael R. and John G. O'Connell do not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, 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, Michael R. and John G. O'Connell shall notify Stuart Williams, 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 26th day of April, 1989. Case No. 49-89 Drew Garden Associates, Ltd. 2750 Drew Street (False Alarm) Joseph Colbert, Fire Inspector, stated courtesy warnings were sent on December 7, 1988 and February 25, 1989 and a false alarm occurred on March 5, 1989 at which time there was no evidence of unusual circumstances. James Pugh, Property Manager, acknowledged receipt of courtesy warnings and the March 5th false alarm which was due to a faulty smoke detector. He stated a physical inspection was done the following day and a certified contractor will inspect for recertification within the next 30 days. In response to a question, Mr. Pugh stated Reynolds Metals is the principal owner of the property. Mr. Cardinal moved that concerning Case No. 49-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2750 Drew Street, Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Joseph Colbert, Fire Inspector, and James Pugh, representing Drew Gardens Assoc., Ltd., 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: Drew Gardens Assoc., Ltd. is in violation of Section 94.02. It is the Order of this Board that Drew Gardens Assoc., Ltd. shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2750 Drew St. after April 27, 1989. Should the violation reoccur after April 27, 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 26th day of April, 1989. Case No. 50-89 Michael Stegmayer 2645 N. Westchester Drive (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were issued on January 4, 1989 for false alarm occurrences on December 31, 1988 and January 2, 1989, and a false alarm occurred on January 29, 1989. City submitted exhibit A, an affidavit of no contest signed by Mr. Stegmayer. Mr. Angelis moved that concerning Case No. 50-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2645 N. Westchester Drive, Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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, exhibits submitted: City exhibit A, an affidavit of no contest signed by Michael Stegmayer, 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: Michael Stegmayer is in violation of Section 94.02. It is the Order of this Board that Michael Stegmayer shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2645 N. Westchester Drive after April 27, 1989. Should the violation reoccur after April 27, 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 26th day of April, 1989. Case No. 51-89 Elefterios Kekllas 1641 Midnight Pass Way (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent February 22nd and 23rd and a false alarm occurred on February 25, 1989. City submitted exhibit A, an affidavit of no contest signed by Mr. Kekllas. Mr. Cardinal moved that concerning Case NO. 51-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1641 Midnight Pass Way, Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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, exhibits submitted: City exhibit A, an affidavit of no contest signed by Elefterios Kekllas, 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: Elefterios Kekllas is in violation of Section 94.02. It is the Order of this Board that Elefterios Kekllas shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1641 Midnight Pass Way after April 27, 1989. Should the violation reoccur after April 27, 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 26th day of April, 1989. Case No. 52-89 Design I Jewelers, Inc. 2547 Countryside Blvd., #4 (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent January 25 and February 12, 1989 and a false alarm occurred on February 9th. He stated one of the alarms was due to human error with no evidence of unusual circumstances for any of the other occurrences. Paul Potenza, Manager and part owner of Design I Jewelers, Inc., stated the alarm system was inspected after each occurrence and the service reports indicate equipment failure, beyond subscriber control. In response to a question, Mr. Potenza stated a new motion detector was installed and adjustments were made to the system. He stated he is pleased with maintenance and updating of the system provided by the alarm company. Mr. Cardinal suggested they allow 30 days from the date of adjustments to the system to assure proper operation. Mr. Aude moved that concerning Case No. 52-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2547 Countryside Blvd., #4, Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Paul Potenza, co-owner of Design I Jewelers, 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 Design I Jewelers, Inc. is in violation of Section 94.02. It is the Order of this Board that Design I Jewelers, 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 2547 Countryside Blvd., #4 after May 26, 1989. Should the violation reoccur after May 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 26th day of April, 1989. Case No. 53-89 Lakeside Christian School 897 Sunset Point Road (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent November 30 and December 12, 1988 and false alarms occurred on December 17, 1988, January 4 and February 5, 1989. He stated the February 5th occurrence was a mechanical failure. David Ray, Principal of Lakeside Christian School, stated in November there was a possible break in. He stated the alarm company has replaced several parts and they have since removed the system. In response to a question, Mr. Ray stated will not be replacing the system. The Assistant City Attorney requested the case be dismissed based on the testimony received. Mr. Cardinal moved to dismiss Case No. 53-89. The motion was duly seconded and carried unanimously. Case No. 54-89 Avis Rent A Car 907 Cleveland Street (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent January 30, 1989 for false alarm occurrences on January 24th and 25th, and a false alarm occurred on February 2, 1989. City submitted exhibit A, an affidavit of no contest signed by the Manager of the business. Mr. Aude moved that concerning Case No. 54-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 907 Cleveland St., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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, exhibits submitted: City exhibit A, an affidavit of no contest signed by Barbara Weber, representing Avis Rent-A-Car, 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: Avis Rent-A-Car is in violation of Section 94.02. It is the Order of this Board that Avis Rent-A-Car shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 907 Cleveland Street after April 27, 1989. Should the violation reoccur after April 27, 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 26th day of April, 1989. Case No. 55-89 Direct Sources, Inc. 643 U.S. 19 North (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent on December 30, 1988 and January 12, 1989 and a false alarm occurred on February 5, 1989, which was a mechanical failure. No one was present to represent Direct Sources, Inc. Mr. Angelis moved that concerning Case No. 55-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 643 U.S. 19 North, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 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: Direct Sources, Inc. is in violation of Section 94.02. It is the Order of this Board that Direct Sources, 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 643 U.S. 19 North after April 27, 1989. Should the violation reoccur after April 27, 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 26th day of April, 1989. Case No. 56-89 Citizens Federal Bank, F.S.B. 2112 Gulf to Bay Blvd. (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent November 30 and December 20, 1988 and a false alarm occurred on February 10, 1989 which was due to human error. Terry Sanders, Regional Vice-President for Citizens Federal Bank, stated he admits to the false alarm occurrences. He stated since 1981 the alarm system has been checked weekly and verified to be in good repair. He stated they have changed alarm companies and will have a new system on line by June 1, 1989. Discussion ensued regarding time frame for compliance due to new installation. It was stated if allowed until June, the faulty system will still be in use until that time. Mr. Cardinal moved that concerning Case No. 56-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2112 Gulf-to-Bay Blvd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Terry Sanders, representing Citizens Federal 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: Citizens Federal Bank, a Federal Savings Bank is in violation of Section 94.02. It is the Order of this Board that Citizens Federal 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 2112 Gulf-to-Bay Boulevard after April 27, 1989. Should the violation reoccur after April 27, 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 26th day of April, 1989. Case No. 57-89 Clearwater Automotive 205 S. Greenwood Avenue (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent December 12, 1988 and January 25, 1989 and a false alarm occurred on February 16, 1989. Joel Kehrer, co-owner of Clearwater Automotive, stated they do not have false alarms. He stated they have had many break-ins and those persons would hide in cars when the police respond and search the premises. Mr. Kehrer stated when the Police Department responds, they only check one location of the four acre parcel. He stated several people were caught with merchandise stolen from the business. Mr. Kehrer stated only the office and warehouse are alarmed. Sonitrol, the contracted alarm company, regularly maintains the system and upon inspection after each occurrence, find nothing wrong with the system. Officer Dunn stated there has not been any evidence of forced entry. He stated on one occasion, the subscriber did not show and the police can not enter the premises without the subscriber being present. In response to questions, Mr. Kehrer stated it is impossible to take inventory daily, and therefore they do not file a police report. He stated the only mechanical problem he is aware of has been when they could not set the alarm. He stated police records will indicate the number of burglaries at his business. Mr. Cardinal stated valid points have been raised by Mr. Kehrer and, in his opinion, the City has not proven there is a violation. It was suggested that if the problem is due to the nature of the business, something should be worked out with the Police Department. Mr. Angelis moved that concerning Case No. 57-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 205 S. Greenwood Ave., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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 Joel Kehrer, representing Clearwater Automotive, 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 Automotive is in violation of Section 94.02. It is the Order of this Board that Clearwater Automotive shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 205 S. Greenwood Avenue after April 27, 1989. Should the violation reoccur after April 27, 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 upon the vote being taken, Messrs. Angelis, Elliott, Aude and Dallman voted "aye." Mr. Cardinal voted "nay." Motion carried. Done and Ordered this 26th day of April, 1989. Case No. 58-89 Silverberg Jewelry Company 390 U.S. 19 North, #F (False Alarm) There was no one present to represent Silverberg Jewelry Company. Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent on November 28, 1988 and February 17, 1989 and a false alarm occurred February 24, 1989. City submitted exhibit A, a copy of all alarm reports and courtesy warnings sent as submitted by Officer Charles Dunn as custodian of such records. Mr. Aude moved that concerning Case No. 58-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 390 U.S. 19 North, #F, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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, exhibits submitted: City exhibit A, copies of false alarm reports and courtesy warnings sent to the violator, 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: Silverberg Jewelry Company is in violation of Section 94.02. It is the Order of this Board that Silverberg Jewelry Company shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 390 U.S. 19 North, #F after April 27, 1989. Should the violation reoccur after April 27, 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 26th day of April, 1989. Case No. 59-89 Chevy's of Clearwater, Inc. dba Biarritz the Nightclub 1730 U.S. 19 North, #416 (False Alarm) The Secretary informed the Board service of the Notice of Hearing was not obtained. Mr. Cardinal moved to continue Case No. 59-89 in order to obtain proper service. The motion was duly seconded and carried unanimously. Case No. 60-89 Cinevision Corporation 616 "E" Street (Life Safety Code) Karl Whittleton, Life Hazard Safety Inspector, stated he verified ownership with the property appraiser's office, and Jane Keeney is listed as the Registered Agent for the corporation. He stated Life Safety Code 101 is incorporated into the City Code by Section 93.21. The Assistant City Attorney requested the Board take judicial notice of City Code Section 93.21. In response to questions, Inspector Whittleton stated the property was a four building complex which has been subdivided; this building is one story and classified as industrial use. He stated the business utilizes flammable chemicals, the building is about eight years old and does have a sprinkler system, but requires a siamese connection for Fire Department backup. He has continuously tried to get compliance and the siamese connection is easy to install. He stated he has issued eight other notices of violation. Mr. Cardinal moved that concerning Case No. 60-89 regarding violation of Sections 7-7.1, 28-3.2, NFPA 101 and 2-7, NFPA 13, as adopted by Section 93.21 of the Clearwater City Code on property located at 616 "E" Street, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of April, 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, and taking notice of NFPA Life Safety Code, it is evident that a siamese Fire Department connector is required but does not exist. The Conclusions of Law are: Cinevision Corporation is in violation of Sections 7-7.1, 28-3.2 NFPA 101 and Section 2-7, NFPA 13, as adopted by the Clearwater City Code. It is the Order of this Board that Cinevision Corporation shall comply with Sections 7-7.1, 28-3.2, NFPA 101 and 2-7, NFPA 13, as adopted by the Code of the City of Clearwater by May 16, 1989. If Cinevision Corporation does not comply within the time specified, the Board may order them to pay a fine of $75.00 per day for each day the violation continues to exist. If Cinevision Corporation does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, 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, Cinevision Corporation 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 26th day of April, 1989. UNFINISHED BUSINESS Case No. 9-89 Drakeford, Inc. 1594 S. Myrtle Avenue (Life Safety Code) Affidavit of Compliance Mr. Dallman moved to accept the Affidavit of Compliance in Case No. 9-89. The motion was duly seconded and carried unanimously. Case No. 126-88 Michael Podniestrzanski Case No. 127-88 500 and 1216 N. Ft. Harrison Ave. Discussion re compliance/fine The Assistant City Attorney stated Carol Cicero, Development Code Inspector, informed him that the properties in question were not in compliance four days past the date set by the Board. He stated Mr. Podniestrzanski is willing to pay $250 total for both cases at this time. Mr. Angelis moved to accept the $250 as full payment for Cases 126 and 127-88 payable immediately. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Mr. Aude welcomed Mr. Dallman to the Board. NEW BUSINESS The Assistant City Attorney informed the Board that action is being taken to streamline the false alarm ordinance, effective date expected to be the end of September. MINUTES Mr. Aude moved to approve the minutes of the meeting of April 12, 1989 as submitted. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 5: 26 p.m.