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07/26/1989 MUNICIPAL CODE ENFORCEMENT BOARD July 26, 1989 Members present: Robert Aude, Vice-Chairman James Angelis William Murray William Zinzow Michael Dallman Absent: Phillip N. Elliott, Chairman (excused) Bruce Cardinal (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 aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. PUBLIC HEARINGS Public Nuisance List 89-7-2 Item No. 1 Dimmitt Car Leasing, Inc. Coachman Heights Sub., Lots 1 & 2 less road and all of Lots 3, 4, 18 & 19 and vacated alley N of Lot 1 aka corner of Pierce St. and Greenwood Ave. Vernon Packer, Sanitation Inspector, stated he notified the Registered Agent by certified mail. The property is overgrown with high vegetation and there is a Brazilian pepper tree obstructing the view of motorists possibly creating a traffic hazard. As of today the violation still exists except for partial clearing/edging of the sidewalk. He stated he informed the workers that the property inside the fence needs to be cleared. City submitted composite exhibit A, five photographs of the property. No one was present to represent Dimmitt Car Leasing, Inc. Mr. Murray moved that concerning Item No. 1 of Public Nuisance List 89-7-2 regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Vernon Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Dimmitt Car Leasing, Inc. is in violation of Section 95.04. It is the Order of this Board that Dimmitt Car Leasing, Inc. shall comply with Section 95.04 of the Code of the City of Clearwater by August 4, 1989. 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 Dimmitt Car Leasing, Inc. 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, Dimmitt Car Leasing, Inc. 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 26th day of July, 1989. Item No. 2 James Liddell Pennsylvania Sub., Lots 8 & 13, aka vacant lots at or about 0 Metto St. & 0 Palmetto St. Vernon Packer, Sanitation Inspector, stated he inspected the property June 9th, verified ownership through the Property Appraiser's office and notified the owner of the violation by certified mail, receipt returned. City submitted composite exhibit A, three photographs of the property showing an accumulation of debris and high vegetation. No one was present to represent Mr. Liddell. Mr. Angelis moved that concerning Item No. 2 of Public Nuisance List 89-7-2 regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Vernon Packer, Sanitation Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, photographs of the property, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials or the accumulation of debris at the above address. The Conclusions of Law are: James Liddell is in violation of Section 95.04. It is the Order of this Board that James Liddell shall comply with Section 95.04 of the Code of the City of Clearwater by August 8, 1989. 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 James Liddell. 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, James Liddell 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 26th day of July, 1989. Item No. 3 Bruce F. & Christine F. Chapin Woodvalley Unit 3, Blk. 9, Lot 18 aka 1000 Grantwood Ave. No one was present to represent the violators. Vicki Niemiller, Sanitation Inspector, stated the property was posted May 18, 1989, ownership was verified through the Property Appraiser's office, notification was sent certified mail and returned, no forwarding address. Notice was then published in the Pinellas Review during the weeks of June 30, July 7, 14 and 21. As of the day of the hearing, the front yard had been mowed but the back was approximately three feet high. City submitted exhibit A, a copy of the published notice of hearing. Mr. Angelis moved that concerning Item No. 3 of Public Nuisance List 89-7-2 regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Vicki Niemiller, Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a copy of the Notice of Hearing publication in the Pinellas Review, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Bruce F. & Christine F. Chapin are in violation of Section 95.04. It is the Order of this Board that Bruce F. & Christine Chapin shall comply with Section 95.04 of the Code of the City of Clearwater by August 8, 1989. 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 Bruce F. & Christine F. Chapin. 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, Bruce F. & Christine F. Chapin shall notify Vicki Niemiller, 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 26th day of July, 1989. Item No. 4 Richard Leon Pinecrest Sub., Blk. 7, Lot 11 less E 60 ft. aka 701 N. Pennsylvania Ave. Vicki Niemiller, Sanitation Inspector, stated the property was posted January 27th, ownership was determined through the Property Appraiser's records, notice was sent certified mail and returned unclaimed. Notice was published in the Pinellas Review June 30, July 7, 14 and 21. The violation still exists as of today. City submitted exhibit A, a copy of the published notice. No one was present to represent the violator. Mr. Zinzow moved that concerning Item No. 4 of Public Nuisance List 89-7-2 regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Vicki Niemiller, Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a copy of the Notice of Hearing publication in the Pinellas Review, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials, or the accumulation of debris at the above address. The Conclusions of Law are: Richard Leon is in violation of Section 95.04. It is the Order of this Board that Richard Leon shall comply with Section 95.04 of the Code of the City of Clearwater by August 8, 1989. Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Richard Leon. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Richard Leon 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 26th day of July, 1989. Item No. 5 Tower International Inc. Fairmont Sub., Blk. G, Lots 6 & 7 aka about 1404 N. Madison Ave. Vicki Niemiller, Sanitation Inspector, stated the property was posted on June 1, notice sent certified mail was returned marked attempted not known. Ownership was verified through the records of the Property Appraiser's office and notice was published in the Pinellas Review for four consecutive weeks. As of the day of the hearing, the property is still in violation with high vegetation and debris. City submitted exhibit A, a copy of the published notice. No one was present to represent Tower International Inc. Mr. Dallman moved that concerning Item No. 5 of Public Nuisance List 89-7-2 regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Vicki Niemiller, Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a copy of a Notice of Hearing publication in the Pinellas Review, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials, or the accumulation of debris at the above address. The Conclusions of Law are: Tower International Inc. is in violation of Section 95.04. It is the Order of this Board that Tower International Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (8/7/89). 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 Tower International Inc. 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, Tower International Inc. shall notify Vicki Niemiller, 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 26th day of July, 1989. Item No. 6 James A. & Nancy A. Erskine Plaza Park Sub., Blk. D, Lot 6 aka 301 N. Pennsylvania Ave. or 1002 Jones St. No one was present to represent the violators. Vicki Niemiller, Sanitation Inspector, stated the property was posted March 29, 1989, ownership of the property was verified through the Property Appraiser's office, notice was sent certified mail and returned unclaimed. She stated this is a recurring problem with this property. Notice was published in the Pinellas Review June 30, July 7, 14 and 21, 1989. Ms. Niemiller stated the property is still in violation with trash and debris as of the day of the hearing. City submitted exhibit A, a copy of the published notice. Mr. Murray moved that concerning Item No. 6 of Public Nuisance List 89-7-2 regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Vicki Niemiller, Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a copy of a Notice of Hearing publication in the Pinellas Review, it is evident that there exists the accumulation of debris and trash at the above address. The Conclusions of Law are: James A. & Nancy A. Erskine are in violation of Section 95.04. It is the Order of this Board that James A. & Nancy A. Erskine shall comply with Section 95.04 of the Code of the City of Clearwater by August 11, 1989. 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 James A. & Nancy A. Erskine. 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, James A. & Nancy A. Erskine 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 26th day of July, 1989. Item No. 7 Estate of Annie B. Richardson Moores, Geo. Sub., Lot 3 aka 1147 Kingsley Street No one was present to represent the violator. Vicki Niemiller, Sanitation Inspector, stated the property was posted March 30, 1989 and ownership was verified through the Property Appraiser's office. Notice was sent certified mail and returned stamped moved, no forwarding address. The notice was published in the Pinellas Review for four consecutive weeks. As of the day of the hearing, the front of the property had been mowed but there was still debris and high vegetation. City submitted exhibit A, a copy of the published notice. Mr. Angelis moved that concerning Item No. 7 of Public Nuisance List 89-7-2 regarding violation of Chapter 95, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Vicki Niemiller, Sanitation Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a copy of a Notice of Hearing publication in the Pinellas Review, it is evident that there exists the excessive growth or accumulation of weeds and the accumulation of debris at the above address. The Conclusions of Law are: Estate of Annie B. Richardson is in violation of Section 95.04. It is the Order of this Board that the Estate of Annie B. Richardson shall comply with Section 95.04 of the Code of the City of Clearwater by August 8, 1989. 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 the Estate of Annie B. Richardson. 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, the Estate of Annie B. Richardson shall notify Vicki Niemiller, 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 26th day of July, 1989. Case No. 87-89 Thomas Floyd 1407 North Betty Lane (Life Safety Code) Cont. from 7/12/89; Complied prior Mr. Dallman moved to withdraw Case No. 87-89 as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 90-89 Don R. Whitehurst 635 Mandalay Avenue (Fire Code) Cont. from 7/12/89; Complied Prior Mr. Dallman moved to withdraw Case No. 90-89 as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 104-89 Jay R. Fiorillo 1862 Lombardy Drive (Development Code) The Secretary informed the Board of a request by the Inspector to continue this case as the violation seems to be corrected. Mr. Zinzow moved to continue Case No. 104-89. The motion was duly seconded and carried unanimously. Case No. 5-89 Suncoast Oil Co. of America d/b/a Fina Station #22 1285 Cleveland Street (False Alarms-repeat) The Assistant City Attorney requested the proceedings regarding the repeat violation be dismissed. Mr. Angelis moved to dismiss the proceedings regarding the repeat violation in Case No. 5-89. The motion was duly seconded and carried unanimously. Case No. 13-89 Gordon's Jewelry Corp. dba Lawton Jewelers Clearwater Mall #103, U.S. 19 South (False Alarm) The Assistant City Attorney requested the Board take notice of the official record including an order of the Board of February 8, 1989. The Secretary verified that the record includes a previous order of the Board. In response to questions, Officer Charles Dunn of the Clearwater Police Department stated another false alarm occurred on May 18, 1989. City submitted exhibit A, an Affidavit of No Contest signed by Pamela Marbet, Manager. Mr. Zinzow moved that concerning Case No. 13-89 regarding violation of Chapter 94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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, Cynthia Goudeau, Secretary to the Board and viewing the evidence: City exhibit A, an Affidavit of No Contest signed by Pamela Marbet, and taking notice of prior proceedings at which time the Board issued an order, 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: Gordon's Jewelry Corp. dba Lawton Jewelers has not complied with the Order of the Municipal Code Enforcement Board of February 8, 1989. It is the Order of this Board that Gordon's Jewelry Corp. dba Lawton Jewelers shall pay a fine of $150.00 for the false alarm which occurred after the compliance date ordered by the Board. If Gordon's Jewelry Corp. dba Lawton Jewelers 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 26th day of July, 1989. Case No. 97-89 Marlow Enterprises, Inc. 1885 N. Highland Avenue (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent regarding false alarms that occurred January 23, February 1 and 9, and another false alarm occurred April 16, 1989. He stated is was the hold up alarm that went off due to human error. City submitted exhibit A, an Affidavit of No Contest signed by Mark Marlow. Mr. Dallman moved that concerning Case No. 97-89 regarding violation of Chapter 94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th day of July, 19889, 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 Mark Marlow, 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: Marlow Enterprises, Inc. dba National Video is in violation of Section 94.02. It is the Order of this Board that Marlow Enterprises, Inc. dba National Video shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1885 N. Highland Avenue after July 27, 1989. Should the violation reoccur after July 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 July, 1989. Case No. 98-89 Tandy Corporation dba Radio Shack 1865 N. Highland Avenue (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent regarding false alarms that occurred January 11 and February 27, 1989, and a false alarm occurred April 30 due to human error. Steve Smith, Manager of Radio Shack, stated there has been a continuous problem believed to be caused by vibration setting off the motion sensor. The sensor has been removed completely in the area of concern and they should not have any more problems. Mr. Zinzow moved that concerning Case No. 98-89 regarding violation of Chapter 94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Steve Smith, representing Tandy Corp. 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: Tandy Corporation dba Radio Shack is in violation of Section 94.02. It is the Order of this Board that Tandy Corporation dba Radio Shack shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1865 N. Highland Avenue after July 28, 1989. Should the violation reoccur after July 28, 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 July, 1989. Case No. 99-89 Sound Advice, Inc. 1451 U.S. 19 South (False Alarm) There was no representative for Sound Advice at the hearing. Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent November 28, December 6 and 12, 1988 and a false alarm occurred May 7, 1989. There was no evidence of conditions to trigger the alarm and the weather was clear. Mr. Murray moved that concerning Case No. 99-89 regarding violation of Chapter 94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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, 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: Sound Advice, Inc. is in violation of Section 94.02. It is the Order of this Board that Sound Advice, 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 1451 U.S. 19 South after July 27, 1989. Should the violation reoccur after July 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 July, 1989. Case No. 100-89 Jacobsen's Stores, Inc. 2522 McMullen Booth Road (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent December 7, 1988, April 4, 1989 and a false alarm occurred May 8, 1989. There was no evidence of conditions to cause the intrusion alarm to go off and it could not be determined if it was human or mechanical error. John Chandler, Manager, and associate Cheryl Mathers stated the police did not respond during the time Ms. Mathers was at the store. Ms. Mathers stated she received a call about 8 p.m., arrived at the store about 8:23 and was there 10-15 minutes checking the store and the police did not arrive. Officer Dunn stated the monitoring company told the police no one would respond and the officer probably left prior to Ms. Mathers arriving. The Manager stated he does not dispute that the alarms occurred. He stated Honeywell was not to dispatch regarding one zone of the alarm system. The problem was due to a bad splice which is now fixed and there have no other occurrences since May 8. Mr. Dallman moved that concerning Case No. 100-89 regarding violation of Chapter 94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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, John Chandler and Cheryl Meadows, representing Jacobsen's Stores, 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: Jacobsen's Stores, Inc. is in violation of Section 94.02. It is the Order of this Board that Jacobsen's 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 2522 McMullen Booth Road after July 27, 1989. Should the violation reoccur after July 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 July, 1989. Case No. 101-89 First Florida Bank 2141 Drew Street (False Alarm) In response to questions, Officer Dunn, Clearwater Police Department, stated courtesy warnings were sent December 15, 1988, March 11 and 24 and a false alarm occurred April 26, 1989. Gerald Walker, area Senior Vice-President, stated Sonitrol was suppose to contact the bank prior to calling the Police Department. The bank is moving to a new location in approximately one month where they will have a more sophisticated alarm system. City submitted exhibit A, an Affidavit of No Contest signed by William Hampton, Assistant Vice-President. Mr. Angelis moved that concerning Case No. 101-89 regarding violation of Chapter 94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Gerald Walker, representing First Florida Bank and viewing the evidence, exhibits submitted: City exhibit A, an Affidavit of No Contest signed by Mr. Hampton, it is evident Officer Dunn has mailed two courtesy warnings within a one-year period and a false alarm occurred after the date of the second courtesy warning and within one year of the date of the first courtesy warning. The Conclusions of Law are: First Florida Bank is in violation of Section 94.02. It is the Order of this Board that First Florida 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 2141 Drew Street after July 28, 1989. Should the violation reoccur after July 28, 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 July, 1989. Case No. 102-89 First Florida Bank 1844 U.S. 19 North (False Alarm) Officer Charles Dunn, Clearwater Police Department, stated he sent courtesy warnings January 3rd and February 3rd and a false alarm occurred May 8, 1989. There was no evidence of conditions to cause the alarm and it could not be determined whether it was due to mechanical or human error. Gerald Walker, area Senior Vice-President, stated he does not dispute there were false alarms. Sonitrol found the cause and it has been corrected. The bank will be moving to a new location which will have a more sophisticated system. Mr. Murray moved that concerning Case No. 102-89 regarding violation of Chapter 94, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 26th 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 Gerald Walker, representing First Florida 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: First Florida Bank is in violation of Section 94.02. It is the Order of this Board that First Florida 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 1844 U.S. 19 North after July 28, 1989. Should the violation reoccur after July 28, 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 July, 1989. UNFINISHED BUSINESS Case No. 89-6-2-1 Paul S. Hodges 305 Vine Avenue aka Lot 16, Drew Park (Public Nuisance) Affidavit of Compliance Case No. 60-89 Cinevision Corp. 616 "E" Street (Life Safety Code) Affidavit of Compliance Case No. 61-89 Michael & Audrey Daly 950 Old Coachman Road (SFM Rules & Regulations) Affidavit of Compliance Mr. Murray moved to accept the Affidavits of Compliance in Case Nos. 89-6-2-1, 60-89 and 61-89. The motion was duly seconded and carried unanimously. Case No. 130-88 John Mavrogiannis dba Import Auto Clinic 1261 Cleveland Street (Land Development Code) Letter re Status/Fine Discussion ensued regarding the accrued fine and whether to file a lien at this time. Consensus of the Board was to wait for a response to the inspector's letter. In response to a question regarding the status of 808 Pennsylvania Ave. regarding violation of Chapter 95, Ms. Niemiller stated Mr. Moore, owner of the property, built a partial fence and stacked the remaining tiles on pallets. The Utilities Director observed the condition and found the property to be in compliance. OTHER BOARD ACTION The Secretary to the Board stated Mr. Elliott phoned that he would not be able to attend today's meeting and that he will be resigning from the Board due to his business schedule. Mr. Aude stated he will not be present for the August 9th meeting; and Mr. Dallman also stated he may not be present. Mr. Angelis moved to cancel the meeting of August 9, 1989. The motion was duly seconded and carried unanimously. Mr. Zinzow informed the Board he will be absent from the August 23rd meeting. NEW BUSINESS - None. MINUTES Mr. Murray moved to approve the minutes of the meetings of June 14 & 28, 1989 and July 12, 1989. The motion was duly seconded and carried unanimously. ADJOURN The meeting adjourned at 5:05 p.m.