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06/28/1989 MUNICIPAL CODE ENFORCEMENT BOARD June 28, 1989 Members present: Phillip N. Elliott, Chairman Robert Aude, Vice-Chairman James Angelis Bruce Cardinal William Murray Michael Dallman Absent: 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 3:01 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 89-6-2 Item #1 Paul S. Hodges/Helen E. Lee N 1/2 Lot 16, Drew Park Sub. a/k/a 409 Pegasus Avenue South Vern Packer, Sanitation Inspector, stated he inspected the property May 4, 1989. A fire had occurred at the dwelling and remnants of the furnishings are in the yard and the property is overgrown. He spoke with Mr. Hodges May 5 and reinspected May 12, 1989 at which time there was no change in the condition of the property. The property was posted June 1, 1989 and notice was hand delivered to Mr. Hodges. City submitted composite exhibit A, two photographs of the property. Mr. Packer stated he reinspected the property this morning and the violation still exists. Paul Hodges, part owner of the property, stated he has been concerned with getting the house rebuilt or torn down. He has to get in touch with his partner to proceed. He stated people throw things in the yard and requested until Saturday to clean up the property. Vern Packer stated he spoke with the Building Department and preliminary arrangements are being made to rehabilitate the dwelling. Mr. Hodges stated he is working with Mike Holmes of Community Development but is at a standstill until he can contact his partner. Mr. Angelis moved that concerning Item No. 1 of Public Nuisance Clearing List 89-6-2 regarding violation of Section 95.04 of the Clearwater City Code on property located at 302 Vine Street aka N 1/2 Lot 16, Drew Park Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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 Vernon Packer, Sanitation Inspector, and Paul S. Hodges and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident that there exists excessive growth and accumulation of debris at the above address. The Conclusions of Law are: Helen E. Lee and Paul S. Hodges are in violation of Section 95.04. It is the Order of this Board that Helen E. Lee and Paul S. Hodges shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (7/10/89). 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 Helen E. Lee/Paul S. Hodges. 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, Helen E. Lee/Paul S. Hodges 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 28th day of June, 1989. Case No. 87-89 Thomas Floyd (Life Safety Code) 1407 N. Betty Lane The Assistant City Attorney requested the Board continue this case to the meeting of July 12, 1989 as the violator is in the process of complying. Mr. Murray moved to continue Case No. 87-89 to the meeting of July 12. The motion was duly seconded and carried unanimously. Case No. 86-89 Jack Jenney d/b/a Jenney Funeral Home (Life Safety Code) 2510 Sunset Point Road Complied prior Mr. Cardinal moved to withdraw Case NO. 86-89 as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 132-88 T.G.I. Fridays, Inc. (False Alarms) 2435 U.S. 19 North City submitted exhibit A, a copy of the Board's order of January 25, 1989. Officer Charles Dunn, Clearwater Police Department, stated a false alarm occurred May 1, 1989; no one was at the scene and there was no evidence of conditions to cause the alarm. Discussion ensued regarding an appropriate amount to set as a fine and it was suggested it should be an amount enough to cover the cost of responding to the false alarms. Mr. Angelis moved that concerning Case No. 132-88 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2435 U.S. 19 North, Clearwater the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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, Clearwater Police Department, and taking notice of prior proceedings at which time the Board issued an order(City exhibit A), it is evident that one 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: T.G.I. Fridays Inc. has not complied with the Order of the Municipal Code Enforcement Board of January 25, 1989. It is the Order of this Board that T.G.I. Fridays Inc. shall pay a fine of $100.00 for the additional false alarm which occurred after the compliance date ordered by the Board January 25, 1989. If T.G.I. Fridays Inc. 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 28th day of June, 1989. Case No. 2-89 Maas Brothers (False Alarms) 320 Cleveland Street City submitted exhibit A, a copy of the Board's order of February 8, 1989. The Assistant City Attorney requested the Board take notice of the Clerk's file indicating the first warning issued November 28, 1988. Officer Dunn stated a false alarm occurred April 22, 1989 which was due to human error. Discussion ensued regarding why only one false alarm occurrence is cited as a repeat before the Board and it was stated the additional occurrences can be considered when issuing a fine. Mr. Aude moved that concerning Case No. 2-89 regarding violation of Section 94.02 of the Clearwater City Code on property located 320 Cleveland St., Clearwater, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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 taking notice of prior proceedings at which time the Board issued an order (City exhibit A), it is evident that one 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: Maas Brothers has not complied with the Order of the Municipal Code Enforcement Board of February 8, 1989. It is the Order of this Board that Maas Brothers shall pay a fine of $200.00 for the additional false alarm which occurred after the compliance date ordered by the Board February 8, 1989. If Maas Brothers 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 28th day of June, 1989. Case No. 11-89 Maison Blanche (False Alarms) 2601 U.S. 19 North The Secretary informed the Board of a request to continue this case to the next meeting. Mr. Cardinal moved to continue Case No. 11-89 to the meeting of July 12, 1989. The motion was duly seconded and carried unanimously. Case No. 79-89 Coyotes Surf Club (False Alarms) 1730 U.S. 19 North Mr. Cardinal moved to continue Case No. 79-89 to the meeting of July 12, 1989 in order to obtain proper service. The motion was duly seconded and carried unanimously. Case No. 80-89 Ronald Bruggman d/b/a Quick Red Fox (False Alarms) 2189 Cleveland Street, #211 Officer Charles Dunn, Clearwater Police Department stated courtesy warnings were sent for false alarm occurrences on December 24, 1988, February 2 and March 15, 1989 and a false alarm occurred April 26, 1989. He stated the subscriber did not respond, there was no evidence of conditions to cause the alarm. In addition, the officer responding was accompanied by a canine and the area was searched. Ronald Bruggman, owner, stated he has had many employees with keys and that someone had opened the back door setting off the alarm of April 26. He has since changed the locks. In response to a question with regard to an intrusion on the 26th, he stated he did not respond until the next day. Don Weber, representing Security Alarm Track, the alarm system maintenance company, stated a system memory indicates what area had an intrusion. It also shows motion from a motion detector. In response to questions, Mr. Bruggman stated the locks were changed May 15 and prior to that cooks, the cleaning service, night manager, manager and owner all had keys. Mr. Angelis moved that concerning Case No. 80-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2189 Cleveland St., #211, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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 C.J. Dunn, Clearwater Police Department, Ronald Bruggman and Don Weber 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: Ronald Bruggman d/b/a Quick Red Fox is in violation of Section 94.02. It is the Order of this Board that Ronald Bruggman d/b/a Quick Red Fox shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2189 Cleveland St., #211 after June 30, 1989. Should the violation reoccur after June 30, 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 28th day of June, 1989. Case No. 81-89 Montgomery Wards (False Alarms) 505 U.S. 19 South, #140 Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent for false alarm occurrences on December 25, 1988 and February 25, 1989 and a false alarm occurred April 21, 1989 which was determined to be mechanical error. There was no evidence of conditions to cause the alarm. There was no one present from Montgomery Wards. Mr. Murray moved that concerning Case No. 81-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 505 U.S. 19 S., #140, Clearwater, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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, 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: Montgomery Wards is in violation of Section 94.02. It is the Order of this Board that Montgomery Wards shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 505 U.S. 19 S., #140 after June 29, 1989. Should the violation reoccur after June 29, 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 28th day of June, 1989. Case No. 83-89 The Morton Plant Hospital Assoc. Inc. (False Alarms) 430 Pinellas Street District Chief Gordon Yaudes, Clearwater Fire Department, stated false alarms occurred February 20 and April 10, 1989 at which time there was no evidence of why alarm was activated. Each time the alarms were reset with no incident. A false alarm occurred April 19, 1989. A smoke detector was activated and again there was no apparent reason for the alarm. In response to a question, he stated they inspect the premises for possible reasons such as lightning, power surges, mischief, cigarette smoke, insects and excessive dust. Jeff Daniels, Fire Code Inspector, stated courtesy warnings were sent February 21 and April 11, 1989. Tom Nash, attorney representing Morton Plant, stated the system may be too sensitive and they are trying to work with the City. Ed Smolek, Director of Safety and Security at Morton Plant, stated it is not a fault in the system nor due to negligence. The system is maintained regularly by Morton Plant personnel and contract maintenance including routine cleaning of the detector heads. They notify the Fire Department during construction to disable certain areas to minimize potential false alarms. All the detector heads have been pulled and tested and one head was replaced. In response to a question, Gordon Yaudes stated alarm response for this building have been frequent. It was also stated that this building is separate from the main hospital building. Mr. Murray moved that concerning Case No. 83-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 430 Pinellas Street, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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 Gordon Yaudes, District Chief, Fire Department, Ed Smolek, Director of Safety and Security and Tom Nash, Atty. representing Morton Plant Hospital Assoc. 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: The Morton Plant Hospital Association, Inc. is in violation of Section 94.02. It is the Order of this Board that The Morton Plant Hospital Association, 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 430 Pinellas Street after June 29, 1989. Should the violation reoccur after June 29, 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 28th day of June, 1989. Case No. 84-89 Don Bowers d/b/a Don's Chevron Gas Station (False Alarms) 1498 Belleair Road Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent for false alarm occurrences November 25, 1988 and January 6, 1989 and a false alarm occurred April 20, 1989. No one responded and there was no evidence of criminal activity or other conditions to cause the alarms. Don Bowers stated there is a chip out of the door post which was not there prior to the April 20 incident. The business has been broken into five times prior to May of '88 and he has since had the alarm system and a new door installed. He has reported break-ins but patrol response time is slow. In response to a question, Mr. Bowers stated he didn't call for a police technician after the April 20 incident as he has had no results from incidents. Officer Dunn stated the officers are trained to thoroughly inspect for evidence of attempted break-in. Based on the type of system installed, the alarm should not have gone off unless the door latch or window had been broken. In response to a question, he stated a fourth alarm occurred April 28th at which time there was no evidence of conditions to cause the alarm. Mr. Aude questioned whether there has been enough time allowed to correct the problem as it is a fairly new alarm system. It was stated a break-in period for an alarm system is 30 days. Mr. Murray moved that concerning Case No. 84-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1498 Belleair Rd., Clearwater, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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 Don Bowers and 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: Don Bowers d/b/a Don's Chevron Gas Station is in violation of Section 94.02. It is the Order of this Board that Don Bowers d/b/a Don's Chevron Gas Station shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1498 Belleair Road after June 29, 1989. Should the violation reoccur after June 29, 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. Upon the vote being taken, Messrs. Angelis, Cardinal, Murray, Dallman and Elliott voted "aye." Mr. Aude voted "nay." Motion carried. Done and Ordered this 28th day of June, 1989. Case No. 85-89 Hilton Head Auction Galleries d/b/a Browns Art Gallery (False Alarms) 417 Mandalay Avenue Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent after false alarm occurrences March 3 and April 3, and a false alarm occurred April 25, 1989. Mark Falco, Attorney representing the violator, stated they are not contesting the violation. In response to a question regarding two different alarm companies involved, the Assistant City Attorney stated those false alarm occurrences cited in this case are under ADT Alarm Systems. Mr. Aude moved that concerning Case No. 85-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 417 Mandalay Ave., Clearwater, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th 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, Clearwater Police Department and an acknowledgement of no contest by Mark Falco representing Hilton Head Auction Galleries, 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: Hilton Head Auction Galleries d/b/a Browns Art Gallery is in violation of Section 94.02. It is the Order of this Board that Hilton Head Auction Galleries d/b/a Browns Art Gallery shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 417 Mandalay Avenue after June 30, 1989. Should the violation reoccur after June 30, 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 28th day of June, 1989. UNFINISHED BUSINESS - None. OTHER BOARD ACTION - None. The City Clerk reported to the Board regarding the pursuit of outside counsel for the Board and new state legislation re code enforcement boards. MINUTES Mr. Aude moved to approve the minutes of the meeting of May 24, 1989 as submitted. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 5:01 p.m.