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07/12/1989 MUNICIPAL CODE ENFORCEMENT BOARD July 12, 1987 Members present: Robert Aude, Vice-Chairman James Angelis Bruce Cardinal William Murray William Zinzow Michael Dallman Absent: Phillip Elliott, Chairman (excused) James Angelis (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 Vice-Chairman at 3:00 P.M. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any agrrieved 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. 78-89 Christine Keno 915 Engman Street & 206 Pennsylvania Avenue (Building Code) Cont. from 6/14/89 Case No. 87-89 Thomas Floyd 1407 North Betty Lane (Life Safety Code) Cont. from 6/28/89 Mr. Murray moved to continue Case No. 78-89 to the meeting of September 13, 1989, and Case No. 87-89 to the meeting of July 26, 1989. The motion was duly seconded and carried unanimously. Case No. 88-89 Richard Owens 300 Venetian Drive (Life Safety Code) John Chester, Clearwater Fire Inspector, stated there were several violations at 300 Venetian Drive, Clearwater, FL, and indicated all violations but one have been complied with. He stated that the 12-unit, 2-story apartment building does not have the manual fire alarm system required. The Assistant City Attorney requested the Board take judicial notice of Section 93.21 of the City Code which adopts NFPA Life Safety Code 101. In response to questions, it was indicated that estimates for an alarm system have been received; however, no arrangements for installation have been made. The building does not have the fire rated construction or independent stairways at grade that would exempt it from this provision. Mr. Owens stated there are five (5) units at grade and two (2) units on the second floor that have independent stairways. He was not aware of the need for an alarm system when he purchased the building. He questioned whether or not the fire walls separating two of the units would allow them to be considered a separate building and it was indicated this would require a 4-hour wall which this building does not have. Mr. Owens expressed concern regarding finding a reputable contractor to install the alarm system and it was indicated that fire alarm contractors are licensed by the state. In response to a question, it was indicated that the NFPA Life Safety Code addresses existing and new structures. Mr. Cardinal moved that concerning Case No. 88-89 regarding violation of Section 19-3.4.1, NFPA Life Safety Code 101, on property located at 300 Venetian Drive, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held 12th day of July, 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 John Chester, Clearwater Fire Inspector, and Richard Owens, and viewing the evidence, it is evident that a building located at 300 Venetian Drive requiring manual fire alarm protection is present without the required alarm system. The Conclusions of Law are: Richard E. Owens is in violation of Section 19-3.4.1, NFPA Life Safety Code 101. It is the Order of the Board that Richard E. Owens shall comply with Section 19-3.4.1, NFPA Life Safety Code 101 within 40 days (8/21/89). If Richard E. Owens does not comply within the time specified, the Board may order him to pay a fine of $50.00 per day for each day the violation continues to exist. If Richard E. Owens 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, Richard E. Owens shall notify John Chester, 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 12th day of July, 1989. Case No. 89-89 Pinellas County Title Co. 641 Court Street (Life Safety Code) Larry Lord requested clarification of Section 27-2.9.2 and it was indicated the Inspector in this case will be able to provide that information. Mr. Cardinal moved to withdraw Case No. 89-89 as the case has been corrected. The motion was duly seconded and carried unanimously. Case No. 90-89 Don R. Whitehurst 635 Mandalay Avenue (Fire Code) The Inspector requested this case be continued to the next meeting as the removal of the tanks is in progress. Mr. Cardinal moved to continue Case No. 90-89 to the meeting of July 26, 1989. The motion was duly seconded and carried unanimously. Case No. 91-89 James & Isabella Tracey 207 Coronado Drive (Development Code) Mr. Cardinal moved to continue Case No. 91-89 to the meeting of September 13, 1989. The motion was duly seconded and carried unanimously. Case No. 92-89 Edward F. & Doris L. Vincent 1355 Drew Street (Occupational License) Complied Case No. 93-89 Edward F. & Doris L. Vincent 1355 Drew Street (Occupational License) Complied Mr. Murray moved to withdraw Case Nos. 92-89 and 93-89 as the violations have been corrected. The motion was duly seconded and carried unanimously. Case No. 103-89 Antonios Markopoulos 100 Coronado Drive (Building Code) Mr. Dallman moved to continue Case No. 103-89 to the meeting of September 13, 1989. The motion was duly seconded and carried unanimously. Case No. 11-89 Maison Blanche 2601 U.S. 19 North (False Alarms) Cont. from 6/28/89 City submitted Exhibit A, a copy of the Board's order of February 9, 1989. Officer Charles Dunn, Clearwater Police Department, stated a false alarm occurred on April 28, 1989, at which time the weather was clear and there was no evidence of criminal activity or other cause for the alarm. Larry Moore, Security Director for Maison Blanche, requested the definition of a false alarm. It was indicated that an inspection is done of the premises and, if no evidence of entry or attempted entry is shown, it is determined that a false alarm has occurred. It was also indicated that no one from the company responded to the alarm. Mr. Moore disputed how the determination of the false alarm was made and the fact that no one from the alarm company was present. He indicated that a loud sound or someone banging on the glass could have triggered the alarm. Christopher Mann, Security Manager, stated that someone responds to every alarm call; however, police calls are dispatched according to priorty and the respondent may no longer be present. He indicated they are doing everything they can to comply and have taken measures to correct the problems. Discussion ensued regarding the various types of alarm systems used by Maison Blanche and the possibility of the oversensitivity of some of the systems. Mr. Murray moved that concerning Case No. 11-89 regarding Section 94.02 of the Clearwater City Code on property located at 2601 U.S. 19 North, Countryside Mall, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of July, 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, Larry Moore, and Christopher Mann, representing Maison Blanche, and taking notice of prior proceedings at which time the Board issued an order (City exhibit A), it is evident that an additional false alarm occured after the compliance date set by the Board and within one year of issuance of the first courtesy warning. The Conclusions of Law are: Maison Blanche has not complied with the Order of the Municipal Code Enforcement Board of February 8, 1989. It is the Order of this Board that Maison Blanche shall pay a fine of $150.00 for the additional false alarm occurrence. If Maison Blanche 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 12th day of July, 1989. Case No. 38-89 John Hurley (False Alarm) 32 Leeward Isle Mr. Cardinal moved to continue Case No. 38-89 in order to obtain proper service. The motion was duly seconded and carried unanimously. Case No. 79-89 Coyotes Surf Club (False Alarms) 1730 U.S. 19 North (Cont. from 6/28/89) Officer Dunn stated two courtesy warnings were issued on December 28 and December 29, 1989, and a false alarm occurred on April 22, 1989. He indicated there was no evidence of criminal activity and the alarm had been triggered by a carpenter working on the premises who did not have the correct code. No one was present to represent the applicant. The Assistant City Attorney requested the Board take judicial notice that the Affidavit of Service was properly served. Mr. Cardinal moved that concerning Case No. 79-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1730 U.S. 19 North, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of July, 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 the 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: Coyotes Surf CLub is in violation of Section 94.02. It is the Order of this Board that Coyotes Surf Club shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1730 U.S. 19 North after July 13, 1989. Should the violation reoccur after July 13, 1989, the Board has the authority to impose a fine of $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 12th day of July, 1989. Case No. 82-89 Kash N'Karry Food Stores, Inc. (False Alarms) 1861 N. Highland Avenue Officer Dunn stated two courtesy warnings were issued on January 12, 1989, and March 24, 1989, and a false alarm occurred on March 25, 1989. He indicated that there was no evidence of criminal activity and that the alarm had been set off by an employee while opening the safe. Art Devine, Manager of Kash N'Karry, stated he realizes the seriousness a false alarm. He said, when the alarm system was serviced, it was determined to be faulty. The system was repaired and there have been no false alarms since that time. Mr. Zinzow moved that concerning Case No. 82-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1861 N. Highland Avenue, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of July, 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 Art Devine, Manager of Kash N' Karry Food Stores, Inc., and viewing the evidence, it is evident that Kash N' Karry Food Stores, Inc. has been 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: Kash N' Karry Food Stores, Inc. is in violation of Section 94.02. It is the Order of this Board that Kash N' Karry Food Stores, 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 1861 N. Highland Avenue, Clearwater, FL after July 12, 1989. Should the violation reoccur after July 12, 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, FL, 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 12th day of July, 1989. Case No. 94-89 ABC Liquors, Inc. (False Alarms) 1755 U.S. 19 North #47 Officer Charles Dunn, Clearwater Police Department, stated two courtesy warnings were sent for false alarm occurrences on March 23 and March 26, 1989, and a false alarm occurred on April 9, 1989. Scott Anderson was not present but returned a signed Affidavit of No Contest authorizing the Board to take necessary action and this affidavit was submitted by the City as Exhibit A. Mr. Murray moved that concerning Case No. 94-89 regarding violation of Section 94.02 of the Code of the City of Clearwater on property located at 1755 U.S. 19 North #47, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of July, 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 the testimony of Officer Charles Dunn, Clearwater, Police Department, and viewing the evidence, exhibits submitted: Exhibit A, an Affidavit of No Contest signed by Scott Anderson, 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 courtest warning. The Conclusions of Law are: ABC Liquor, Inc. is in violation of Section 94.02. It is the Order of this Board that ABC Liquors, 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 1755 U.S. 19 North, #47 after July 13, 1989. Should the violation reoccur after July 13, 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, FL, 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 12th day of July, 1989. Case No. 95-89 Maas Brothers (False Alarms) Countryside Mall 2601 U.S. 19 North Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent for false alarm occurrences on December 6, 1988, and January 3, 1989, and a false alarm occurred April 21, 1989, at which time there was no evidence of criminal activity. Andrew Pennoyer, Dock Supervisor, stated the present phone system was in the process of being changed. In response to a question, he indicated that the switchover to the new system erased everything in the old system which in turn affected the alarm system. The alarm company has reentered the code numbers thereby correcting the situation and no false alarms have occurred since that time. Mr. Dallman moved that concerning Case No. 95-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2601 U.S. 19 North, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement hearing held the 12th day of July, 1989, and based on the evidence, the Municipal Code Enforcement Boards 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 Andrew Pennoyer, Dock Supervisor, 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: Maas Brothers is in violation of Section 94.02. It is the Order of this Board that Maas Brothers shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2601 U.S. 19 North after July 12, 1989. Should the violation reoccur after July 12, 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, FL, 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 12th day of July, 1989. Case No. 96-89 Robert Vasilaros (False Alarms) 1237 Druid Road Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent for false alarm occurrences on March 23, 1989, and April 17, 1989, and a false alarm occurred April 26, 1989. Robert Vasilaros was not present but returned a signed Affidavit of No Contest authorizing the Board to take necessary action and the affidavit was submitted by the City as Exhibit A. Mr. Zinzow moved that concerning Case No. 96-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1237 Druid Road, Clearwater, FL, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Board hearing held the 12th day of July, 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 Robert Vasilaros, it is evident Robert Vasilaros has been 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 courtest warning. The Conclusions of Law are: Robert Vasilaros is in violation of Section 94.02. It is the Order of this Board that Robert Vasilaros shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1237 Druid Road after July 12, 1989. Should the violation reoccur after July 12, 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, FL, 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 12th day of July, 1989. UNIFINISHED BUSINESS Case No. 47-89 A-Plus Restaurant Equipment, Inc. 1510 Lakeview Road (Development Code) Affidavit of Non-Compliance Mr. Cardinal moved to accept the Affidavit of Non-Compliance in Case No. 47-89 and issue the Order imposing the fine. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION The Fine Status Report was reviewed. The Secretary was directed to check the status of Case No. 130-88, John Mavrogiannis. NEW BUSINESS Mr. Aude indicated the need to communicate with the City Commission in regard to the false alarm cases as he feels there is a better way to handle these violations. The Secretary expressed concern regarding the number of absences for Mr. Elliott and requested direction from the Board. The Secretary was directed to ask Mr. Elliott the duration of the activity resulting in the absences. The meeting adjourned at 5:15 P.M.