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08/23/1989 MUNICIPAL CODE ENFORCEMENT BOARD August 23, 1989 Members present: Robert Aude, Vice-Chairman James Angelis Bruce Cardinal William Murray Michael Dallman Absent: William Zinzow (excused) 7th seat vacant Also present: Rob Surette, Assistant City Attorney Alan Zimmet, Attorney for the Board 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 89-8-2 Item No. 1 USA Veterans ADM a/k/a 1364 Friend Avenue Cleveland Groves 1-7, Block 7, Lot 32 & S 20 ft. Lot 31 Vern Packer, Sanitation Inspector, stated the property was posted July 18, 1989; ownership was verified through the Property Appraiser's office and notice was sent certified mail; the signed receipt was returned. The property has high vegetation and some debris and is a recurring problem. City submitted exhibit A, a photograph of property. Mr. Packer stated he reinspected the property 11:30 this morning and the violation still exists. No one was present to represent USA Veterans Administration. Mr. Angelis moved that concerning Item No. 1 of Public Nuisance List 89-8-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 1364 Friend Avenue aka Cleveland Groves 1-7, Blk. 7, Lot 32 and S 20 ft. of Lot 31, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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 exhibit A, a photograph of the property, it is evident that there exists the excessive growth or accumulation of weeds at the above address. The Conclusions of Law are: USA Veterans Administration is in violation of Section 95.04. It is the Order of this Board that USA Veterans Administration shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/4/89). 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 USA Veterans Administration. 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, USA Veterans Administration 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 23rd day of August, 1989. Item #2 Scott T. MacGregor 3183 Chamblee Lane aka Bordeaux Estates, Lot 1 Vern Packer, Sanitation Inspector, stated he first inspected the property July 17, 1989 and posted the property July 28th due to high vegetation. City submitted exhibit A, a photograph of the property. Ownership was verified through the Property Appraiser's office and notice was sent certified mail. The signed receipt was returned. The violation still existed as of this morning. No one was present to represent the violator. Mr. Murray moved that concerning Item No. 2 of Public Nuisance List 89-8-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 3183 Chamblee Lane aka Bordeaux Estates, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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 exhibit A, a photograph 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: Scott T. MacGregor is in violation of Section 95.04. It is the Order of this Board that Scott T. MacGregor shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/4/89). 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 Scott T. MacGregor. 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, Scott T. MacGregor 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 23rd day of August, 1989. Item #3 Helen S. Russell 1871 McKinley Street aka New Marymount Sub., Blk. D, Lot 7 Mat Swan, adjacent neighbor to Ms. Russell, stated debris is collected nightly by Mrs. Russell and deposited in the driveway and surrounding property. He stated the vehicle that was on the property was removed this morning. Mr. Swan stated this has been an ongoing problem for years. He stated there is debris everywhere. City submitted exhibit 1, a photograph of the property taken by Mr. Swan August 21, 1989. Vern Packer, Sanitation Inspector, stated the property was first inspected June 8, 1989 at which time there was one box in the driveway. After several complaints, the property was reinspected and posted July 12, 1989 at which time there was an accumulation of debris, high vegetation, overgrowth of weeds and a car with expired an tag on the property . Ms. Russell was provided notice of the hearing. City submitted exhibit B, photographs of the property taken before the hearing and exhibit C, photographs of the property taken the morning of the hearing, showing there has been considerable improvement to the property. In response to a question, Mr. Packer stated there is no longer a violation according to the City Code. No one was present to represent Ms. Russell. Discussion ensued regarding the accumulation of debris in the carport and inside the house and what can be done about it. Mr. Packer stated they have spoken with the Fire Department and the Health Department and no one has jurisdiction regarding those areas of the property. The Assistant City Attorney requested this case be dismissed as the violation no longer exists. Mr. Cardinal moved to dismiss Item No. 3 of Public Nuisance List 89-8-2 with the recommendation that the Sanitation Division monitor the property closely with frequent inspections. The motion was duly seconded and carried unanimously. Item #4 Harold G. & Alice K. Wesserling 2229 Willow Tree Trail aka Woodgate of Countryside, Unit 3, Lot 142 No one was present to represent the Wesserlings. Vern Packer, Sanitation Inspector, stated he inspected the property July 11th and found it to be overgrown with high vegetation. He notified the property owners and was informed that their mortgage company is foreclosing on the property. Mr. Packer inspected the property the morning of the hearing and the violation still exists. Discussion ensued as to who is the proper party to cite, and it was stated according to code the name of the owner according to the records of the Pinellas County property appraiser shall be used. Mr. Dallman moved that concerning Item No. 4 of Public Nuisance List 89-8-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 2229 Willow Tree Trail aka Woodgate of Countryside, Unit 3, Lot 142, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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, 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: Harold G. & Alice K. Wesserling are in violation of Section 95.04. It is the Order of this Board that Harold G. & Alice K. Wesserling shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (9/4/89). 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 Harold G. & Alice K. Wesserling. 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, Harold G. & Alice K. Wesserling 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 23rd day of August, 1989. Case No. 105-89 Jeralne Burt 1113 Tangerine Street (Occupational License) No one was present to represent Jeralne Burt. As the Inspector was not present to present his case the City Attorney requested this case be withdrawn. Mr. Murray moved to withdraw Case No. 105-89. The motion was duly seconded and carried unanimously. Case No. 106-89 General Mills Restaurant dba Olive Garden Restaurant 1195 U.S. 19 South (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent December 30, 1988, March 24th and 31st and a violation occurred May 8, 1989. The alarm was set off due to human error. John Sterrette, Manager, stated he is not contesting the violation, and actions have been taken to avoid additional incidents. Mr. Cardinal moved that concerning Case No. 106-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1195 U.S. 19 South, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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, Jr., Clearwater Police Dept. and John Sterrette 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: General Mills Restaurants, Inc. d/b/a Olive Garden Restaurant is in violation of Section 94.02. It is the Order of this Board that General Mills Restaurants, Inc. d/b/a Olive Garden Restaurant shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1195 U.S. 19 South after August 24, 1989. Should the violation reoccur after August 24, 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 23rd day of August, 1989. Case No. 107-89 Bethamy Gardens Nursing Home 2055 Palmetto Street (False Alarms) Cheryl Woods stated she has been the administrator of the nursing home since January and has received only one notice. She stated part of the building was under construction which caused the alarm to go off. She stated state and federal regulations do not allow them to cancel a dispatch until they are sure the cause of the alarm is false. The detectors and alarms are checked quarterly and anytime an alarm is set off. The Assistant City Attorney requested this case be dismissed. Mr. Cardinal moved to dismiss Case No. 107-89. The motion was duly seconded and carried unanimously. Case No. 108-89 Barry Dotolo 1620 Misty Plateau Trail (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent February 17 and 22, 1989 and a false alarm occurred May 11. He stated the owner accidentally set off the alarm. Barry Dotolo stated he does not contest the violation. He stated there was a problem with the alarm system. Mr. Angelis moved that concerning Case No. 108-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1620 Misty Plateau Trail, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Finding of Fact are: after hearing testimony of Officer Charles Dunn, Jr., Clearwater Police Department and Barry Dotolo and viewing the evidence, 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: Barry Dotolo is in violation of Section 94.02. It is the Order of this Board that Barry Dotolo shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1620 Misty Plateau Trail after August 25, 1989. Should the violation reoccur after August 25, 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 23rd day of August, 1989. Case No. 109-89 Roger Hayden 783 Bay Esplanade (False Alarms) The Board was informed Mr. Hayden had called requesting a continuance as he would be out of town. Case No. 112-89 Eli Frelick 1675 Coachmakers Lane (False Alarms) The Secretary informed the Board that proper service had not been obtained. Mr. Cardinal moved to continue Case Nos. 109-89 and 112-89 to the meeting of September 13, 1989 or until proper service can be obtained. The motion was duly seconded and carried unanimously. Case No. 110-89 William Harris 2649 Cypress Bend Drive (False Alarms) City submitted exhibit A, an affidavit of no contest signed by Mr. Harris and B, a copy of the Police Department file. Officer Charles Dunn, as record keeper, stated it is an accurate copy of record. The Secretary to the Board stated notice was sent certified mail and the signed receipt was returned. The Assistant City Attorney requested the Board take notice of service of the Notice of Hearing. Mr. Cardinal moved that concerning Case No. 110-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2649 Cypress Bend Drive, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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, Jr., Clearwater Police Department and viewing the evidence, exhibits submitted: City exhibit A - an Affidavit of No Contest signed by Mr. Harris and B - a copy of the Police Department file, 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: William Harris is in violation of Section 94.02. It is the Order of this Board that William Harris shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2649 Cypress Bend Drive after August 24, 1989. Should the violation reoccur after August 24, 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 23rd day of August, 1989. Case No. 111-89 Chili's Incorporated 2401 U.S. 19 North (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent February 22nd, 25th and March 24th for violations on February 15th, 20th and March 12th and a false alarm occurred March 13, 1989. The alarm was caused by human error. Debbie Bunch, Manager, agreed with Officer Dunn's statement and stated there was a problem with the monitoring company which has been corrected. Mr. Murray moved that concerning Case No. 111-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2401 U.S. 19 North, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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, Jr., Clearwater Police Department, and Debbie Bunch 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: Chili's Incorporated is in violation of Section 94.02. It is the Order of this Board that Chili's Incorporated shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2401 U.S. 19 North after August 24, 1989. Should the violation reoccur after August 24, 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 23rd day of August, 1989. Case No. 113-89 Lawrence Lubotsky 2892 Green Meadow Court (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent March 11th and 24th and a false alarm occurred May 7, 1989. He stated there was no evidence of criminal activity or weather conditions to set off the alarm. Mr. Lubotsky stated he was out of town during the first two occurrences. He called Vision Cable, there was faulty equipment and the problem was corrected. Mr. Lubotsky stated he set off the May 7th alarm and tried to stop the dispatch but was too late. He stated he appreciated the fast response of the Police Department. Mr. Dallman moved that concerning Case No. 113-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2892 Green Meadow Court, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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 Lawrence Lubotsky and viewing the evidence, 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: Lawrence Lubotsky is in violation of Section 94.02. It is the Order of this Board that Lawrence Lubotsky shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2892 Green Meadow Court after August 25, 1989. Should the violation reoccur after August 25, 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 23rd day of August, 1989. Case No. 114-89 Vienna Sausage Manufacturing Co. 1057 Cephas Drive (False Alarms) The Secretary to the Board stated notice was sent certified mail and the signed receipt was returned. The Assistant City Attorney requested the Board take notice of proper service. City submitted exhibit A, an affidavit of no contest signed by the Manager of Vienna Sausage Manufacturing Co. and exhibit B, a copy of the record on file. Officer Charles Dunn, as keeper of records, stated it is an accurate copy of the record on file. Mr. Cardinal moved that concerning Case No. 114-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 1057 Cephas Drive, Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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, Jr., Clearwater Police Department, and viewing the evidence, exhibits submitted: City exhibits A - an Affidavit of No Contest signed by Mr. Walser and B - a copy of the Police Department file, 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: Vienna Sausage Manufacturing Co. is in violation of Section 94.02. It is the Order of this Board that Vienna Sausage Manufacturing Co. shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 1057 Cephas Drive after August 24, 1989. Should the violation reoccur after August 24, 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 23rd day of August, 1989. Case No. 115-89 Subway Capital Partners, Inc. dba Subway Sandwiches & Salads 2569 Countryside Boulevard, #10 (False Alarms) The Secretary to the Board stated notice was sent certified mail and the signed receipt was returned. The Assistant City Attorney requested the Board take notice of adequate service of the notice of hearing. City submitted exhibit A, a copy of the file on record. Officer Charles Dunn, as keeper of records, stated it is an accurate copy of the file. Mr. Murray moved that concerning Case No. 115-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 2569 Countryside Blvd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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, Jr., Clearwater Police Department, and viewing the evidence, exhibits submitted: City exhibit A, a copy of the Police Department file, 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: Subway Capital Partners, Inc. d/b/a Subway Sandwiches and Salads is in violation of Section 94.02. It is the Order of this Board that Subway Capital Partners, Inc. d/b/a Subway Sandwiches and Salads shall take corrective action to ensure that no additional violations of Section 94.02 of the Code of the City of Clearwater occur at 2569 Countryside Blvd., #10 after August 24, 1989. Should the violation reoccur after August 24, 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 23rd day of August, 1989. Case No. 116-89 Barnett Bank 3000 E. Enterprise Road (False Alarms) The Secretary to the Board stated notice of hearing was sent certified mail and the signed receipt was returned. The Assistant City Attorney requested the Board take notice of proper service of the notice. City submitted exhibit A, an affidavit of no contest signed by Mr. Dzinbinski, Security for Barnett Bank and exhibit B, a copy of the file on record. Officer Charles Dunn, as record keeper, stated it is an accurate copy of record. Mr. Cardinal moved that concerning Case No. 116-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 3000 E. Enterprise Rd., Clearwater, Fla., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 1989, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Finding of Fact are: after hearing testimony of Officer Charles Dunn, Jr., Clearwater Police Department, and viewing the evidence, exhibits submitted: City exhibits A - an Affidavit of No Contest signed by Mr. Dzinbinski and B - a copy of the Police Department file, it is evident Officer Charles 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: Barnett Bank is in violation of Section 94.02. It is the Order of this Board that Barnett 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 3000 E. Enterprise Road after August 24, 1989. Should the violation reoccur after August 24, 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 23rd day of August, 1989. Case No. 117-89 Tigre Lis Enterprises, Inc. 600 S. Myrtle Avenue (False Alarms) Officer Charles Dunn, Clearwater Police Department, stated courtesy warnings were sent December 14 and 20, 1988 and a false alarm occurred May 29, 1989. There was no evidence of criminal activity to cause the alarm. Officer Dunn stated he spoke with Bob Nelson, Manager for Tigre Lis, who stated there were problems with the alarm. Karen Justice, representing Tigre Lis Enterprises, Inc., stated she does not disagree with the violation. There were problems with electrical storms setting off the alarm and the alarm company found there was a problem with a sensor on the window which is now fixed. She stated there have been no problems since. Mr. Angelis moved that concerning Case No. 117-89 regarding violation of Section 94.02 of the Clearwater City Code on property located at 600 S. Myrtle Ave., Clearwater, Fla. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of August, 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, Jr., Clearwater Police Department, and Karen Justice, representing Tigre Lis Enterprises, Inc., and viewing the evidence, 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: Tigre Lis Enterprises, Inc. is in violation of Section 94.02. It is the Order of this Board that Tigre Lis Enterprises, 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 600 S. Myrtle Avenue after August 25, 1989. Should the violation reoccur after August 25, 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 23rd day of August, 1989. OTHER BOARD ACTION Election of Chairman and Vice-Chairman Consensus of the Board was hold election at the next meeting when all members are present. NEW BUSINESS Alan Zimmet, attorney for the Board, briefly discussed some state law amendments affecting code enforcement boards which will go into effect October 1, 1989. Discussion ensued regarding procedures, rules and regulations. MINUTES - July 26, 1989 Mr. Angelis moved to approve the minutes of the meeting of July 26, 1989 as submitted. The motion was duly seconded and carried unanimously. The meeting adjourned at 5:06 p.m.