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06/14/1989 MUNICIPAL CODE ENFORCEMENT BOARD June 14, 1989 Members present: Phillip N. Elliott, Chairman Robert Aude, Vice-Chairman James Angelis Bruce Cardinal William Murray William Zinzow Absent: Michael Dallman (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 Public Nuisance Clearing List 89-6-1 Item No. 1 Building Operation Holding Company M&B 23.01, Sec. 17-29-16 aka wooded parcel N of Park Place No one was present to represent Building Operation Holding Company. Vern Packer, Sanitation Inspector, stated the property is a landlocked parcel and being used as a dump for debris and trash. City submitted composite exhibit A & B, 12 photographs of the property taken May 9, 1989. He verified property ownership through the Pinellas County Property Appraiser's Office. He sent notice certified mail and did receive the return receipt. He reinspected the property this morning and noticed more debris has been dumped. Mr. Angelis moved that concerning Item No 1, Public Nuisance Clearing List 89-6-1 regarding violation of Chapter 95 of the Clearwater City Code, on property having a legal description of M&B 23.01, Sec. 17-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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 Vern Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibits A & B, it is evident that there exists the excessive accumulation of debris at the above address. The Conclusions of Law are: Building Operation Holding Company is in violation of Section 95.04. It is the Order of this Board that Building Operation Holding Co. shall comply with Section 95.04 of the Code of the City of Clearwater within 15 days (6/29/89). 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 Building Operation Holding Co. 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, Building Operation Holding Co. shall notify Vern 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 14th day of June, 1989. Case No. 3-89 Toys "R" Us, Inc. 2486 U.S. 19 North (False Alarms) City submitted exhibit A, a copy of the Board's order of February 8, 1989. Officer Charles Dunn, Clearwater Police Department, stated an additional false alarm caused by the cleaning crew occurred March 15, 1989. Janet D'Amenico, Manager of Toys "R" Us, Inc., stated the problem is with Protect Services, the alarm company they are presently using. Protect Services has been given 30 days notice and Toys "R" Us will have a new company as of August 1, 1989. She stated Protect Services has been requested to not dispatch the Police. Mr. Cardinal moved that concerning Case No. 3-89 regarding 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 14th day of June, 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 Janet D'Amenico and taking notice of prior proceedings at which time the Board issued an order, it is evident that an additional false alarm 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: Toys "R" Us has not complied with the Order of the Municipal Code Enforcement Board of February 8, 1989. It is the Order of this Board that Toys "R" Us shall pay a fine of $50.00 for the additional false alarm occurrence. If Toys "R" Us 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 carried unanimously. Done and Ordered this 14th day of June, 1989. Case No. 30-89 Robert Coleman 801 Snug Island (False Alarms) City submitted exhibit A, a copy of the Board's order of June 14, 1989 and exhibit B, an affidavit of no contest signed by Mr. Coleman. Officer Charles Dunn stated an additional false alarm occurred April 21, 1989. It was stated Mr. Coleman has had service on the system to correct the problem. No one was present to represent the violator. Mr. Aude moved that concerning Case No. 30-89 regarding violation of Section 94.02 on property located at 801 Snug Island, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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, viewing City exhibits A & B and taking notice of prior proceedings at which time the Board issued an order, it is evident that an additional false alarm 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: Robert Coleman has not complied with the Order of the Municipal Code Enforcement Board of February 22, 1989. It is the Order of this Board that Robert Coleman shall pay a fine of $50.00 for the additional false alarm occurrence. If Robert Coleman 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 carried unanimously. Done and Ordered this 14th day of June, 1989. Case No. 43-89 Mas One Limited Partnership 600 Cleveland St. (False Alarms) City submitted exhibit A, a copy of the Board's order of March 22, 1989. Officer Charles Dunn, Clearwater Police Department, stated an additional false alarm occurred April 27, 1989 for which there was no evidence of conditions to cause the alarm. It was stated there have been approximately 30 responses to false alarms at this address since December of 1988. Fred Strickroot, Managing Agent, stated the problem is with the card system entry at the Garden St. entrance. After hours people go out and hold the door open which is set for 2-1/2 minutes before the alarm is activated. He stated the alarm was taken off the door this morning. Discussion ensued regarding the numerous false alarm responses to this address and the Assistant City Attorney requested the Board take this into consideration when imposing the fine. Mr. Aude 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, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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 Fred Strickroot, and taking notice of prior proceedings at which time the Board issued an order (City exhibit A), it is evident that Mas One Limited, Partnership has had additional false alarms after the compliance date set by the Board and within one year of issuance of the first courtesy warning. The Conclusions of Law are: Mas One Limited Partnership has not complied with the Order of the Municipal Code Enforcement Board of March 22, 1989. It is the Order of this Board that Mas One Limited Partnership shall pay a fine of $250.00 for the additional false alarm occurrences. If Mas One Limited, Partnership 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 carried unanimously. Done and Ordered this 14th day of June, 1989. Case No. 72-89 McDuffs Appliances & Electronics 2539 Countryside Blvd., #7 (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent for false alarm occurrences on December 1 and 28, 1988 and a third false alarm occurred March 5, 1989. No one was present to represent McDuffs Appliances & Electronics. Mr. Murray moved that concerning Case No. 72-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2539 Countryside Blvd., #7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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: McDuffs Appliances and Electronics is in violation of Section 94.02. It is the Order of this Board that McDuffs Appliances and Electronics shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2539 Countryside Blvd., #7 after June 15, 1989. Should the violation reoccur after June 15, 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 14th day of June, 1989. Case No. 73-89 Mastercraft Jewelers, Inc. 633 Cleveland St. (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent regarding false alarm occurrences on January 1 and 26, 1989 and a third false alarm occurred April 9, 1989. He stated the mechanical problem may be in the phone lines. Francisco Barbosa, representing Mastercraft Jewelers, stated the whole system has been changed and a new phone line is going to be installed. He stated he does not disagree with the City's testimony. Mr. Aude moved that concerning Case No. 73-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 633 Cleveland Street, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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 Francisco Barbosa 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: Mastercraft Jewelers, Inc. is in violation of Section 94.02. It is the Order of this Board that Mastercraft 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 633 Cleveland Street after June 16, 1989. Should the violation reoccur after June 16, 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 14th day of June, 1989. Case No. 74-89 A Beaver Corporation dba Fraternity House 2257 Gulf to Bay Blvd. (False Alarms) The Secretary informed the Board that the Manager of the Fraternity House called earlier today and requested a continuance as he could not attend this meeting. The request was denied. Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent regarding false alarm occurrences on December 31, 1988, January 13 and 14, 1989 and another false alarm occurred March 11, 1989. Proper notice was provided to the violator. Mr. Angelis moved that concerning Case No. 74-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2257 Gulf to Bay Blvd., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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: A Beaver Corporation d/b/a Fraternity House is in violation of Section 94.02. It is the Order of this Board that A Beaver Corp. d/b/a Fraternity House shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2257 Gulf to Bay Blvd. after June 15, 1989. Should the violation reoccur after June 15, 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 14th day of June, 1989. Case No. 75-89 Lincourt Medical Center Partnership 501 Lincoln Ave. (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent regarding false alarm occurrences on November 25 and December 26, 1988 and a false alarm occurred March 18, 1989. The alarm was caused by a door being left unlocked. Betsy Sanderson, representing Lincourt Medical Center, stated they have 25 people coming and going and she believes it was human error. She does not disagree with the violation. Mr. Zinzow moved that concerning Case No. 75-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 501 Lincoln Avenue, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June , 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 Betsy Sanderson 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: Lincourt Medical Center, Partnership is in violation of Section 94.02. It is the Order of this Board that Lincourt Medical Center, 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 501 Lincoln Avenue after June 15, 1989. Should the violation reoccur after June 15, 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 14th day of June, 1989. Case No. 76-89 Home Depot 2351 U.S. 19 North (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent regarding false alarm occurrences on January 14 and February 18, 1989 and a third false alarm occurred March 31, 1989. City submitted exhibit A, an affidavit of no contest signed by Rick Hyatt, Manager of Home Depot. Mr. Zinzow moved that concerning Case No. 76-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2351 U.S. 19 North, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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, 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: Home Depot is in violation of Section 94.02. It is the Order of this Board that Home Depot shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2351 U.S. 19 North after June 15, 1989. Should the violation reoccur after June 15, 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 14th day of June, 1989. Case No. 77-89 Mike Anderson d/b/a Pro Shop Pub 840 Cleveland St. (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent regarding false alarm occurrences on February 17th at 6 and 9 a.m. and February 18, 1989 and another false alarm occurred March 19, 1989. He stated the cause is mechanical and a constant problem. Gail Anderson, Manager of Pro Shop Pub, stated there were three alarms on the same day due to the telephone wire. Vision Cable has been notified to no longer dispatch the Police. Mr. Murray moved that concerning Case No. 77-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 840 Cleveland Street, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of June, 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 Gail Anderson 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: Mike Anderson d/b/a Pro Shop Pub is in violation of Section 94.02. It is the Order of this Board that Mike Anderson d/b/a Pro Shop Pub shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 840 Cleveland Street after June 15, 1989. Should the violation reoccur after June 15, 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 14th day of June, 1989. Case No. 78-89 Christine Keno 915 Engman/1206 Pennsylvania (Building Code) The Secretary to the Board stated the Inspector has requested this case be continued to the meeting of July 12 as the violator is in the process of complying. Mr. Aude moved to continue this case to the meeting of July 12, 1989. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 58-88 Anne Graffunder dba P.M.M. Capital Inc. (Occupational License) Affidavit of Compliance Mr. Angelis moved to accept the Affidavit of Compliance in Case No. 58-88. The motion was duly seconded and carried unanimously. Case No. 70-88 Craig Berlett dba Century Soft Water Co. Inc. (Occupational License) Affidavit of Compliance Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 70-88. The motion was duly seconded and carried unanimously. Case No. 71-89 Paul R. and Wanda Nixon 1800 N. Ft. Harrison Ave. (Development Code) Affidavit of Compliance Mr. Aude moved to accept the Affidavit of Compliance in Case No. 71-89. The motion was duly seconded and carried unanimously. Case No. 89-5-1-2 Kirt Suominen/Kimberly Tupper 1007 Jones St. aka Plaza Park Sub. Blk. B, Lot 14 & W 1/2 Lot 13 Affidavit of Compliance Mr. Murray moved to accept the Affidavit of Compliance in Case No. 2, Public Nuisance List 89-5-1. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status Report The Fine Status report was reviewed. NEW BUSINESS - None. ADJOURN The meeting adjourned at 4:29 p.m.