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HomeMy WebLinkAboutAgenda CESM 021814CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 1 _______________________________________________________________ Special Magistrate: Kevin Wagner Code Enforcement Attorney: Abigail Jorandby Unified Services Director: Ansley Marr Code Supervisor: Mohammad Jamal Recording Secretary: Stephanie Patty Code Officers: Robert Creston Rose Futch Mark Mulligan Kathryn Stiles Ismael Vasquez I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS, DELETIONS, MODIFICATIONS IV. FIRE & POLICE DEPARTMENT CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) B. VIOLATIONS (NONE) C. FINE ASSESSMENT/STATUS HEARINGS (NONE) V. PLANNING & ZONING CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 2 B. VIOLATIONS 1. Case Number 14.01.6235 Owner/Respondent Mirabella at Mirasol Homeowners 1000 Clint Moore Rd 110 Boca Raton, FL 33487 Violation Location 100 Mirabella Dr Palm Beach Gardens, FL 33418 PCN: 52424134060010000 Legal: MIRABELLA AT MIRASOL PL A TR A K/A PRIVATE STREET Code Section Violated 78-303. Approval required 78-742. Remedies Correction Requirements 78-303 Due to the irreversible & irreparable nature of the violations for the removal of twenty (20) Pine trees, which were noticed on January 9, 2014, the Code Enforcement Magistrate will set forth ruling. Maximum fine up to $5,000 per tree may be imposed. 78-742 Due to the irreversible & irreparable nature of the violations for the removal of twenty (20) Pine trees, which were noticed on January 9, 2014, the Code Enforcement Magistrate will set forth ruling. Maximum fine up to $5,000 per tree may be imposed. Notices and Orders 01/15/2014 Notice of Violation & Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 3 2. Case Number 14.02.6280 Owner/Respondent Palm Beach Community Church Inc. 4901 PGA Blvd Palm Beach Gardens, FL 33418 Violation Location 4751 PGA Blvd Palm Beach Gardens, FL 33418 PCN: 52424201210020000 Legal: BORLAND CENTER REPL TR 2 K/A DEVELOPMENT (LESS AIRSPACE FOR RESIDENCES AT MIDTOWN CONDO) Code Section Violated 78-742. Remedies Correction Requirements 78-742 Due to the irreversible & irreparable nature of the violation for the removal of shrubs, which was noticed on January 31, 2014, the Code Enforcement Magistrate will set forth ruling. Maximum fine up to $5,000 may be imposed. (Please also reference May 26, 2007 site plan approval restored upland preserve). For further details, contact Mark Hendrickson, City Forester, at (561) 799- 4259. Notices and Orders 02/05/2014 Notice of Violation & Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 4 3. Case Number 13.11.6126 Owner/Respondent Brian E. Dixon 4384 Birdwood St Palm Beach Gardens, FL 33410 Violation Location 4384 Birdwood St Palm Beach Gardens, FL 33410 PCN: 52424213050410330 Legal: UNIT NO 5 PALM BEACH SQUARE LT 33 BLK 41 Code Section Violated 78-395. Recreational vehicles and watercraft Correction Requirements Remove boat from property or properly screen & store according to above code section. Notices and Orders 12/09/2013 Notice of Violation 01/13/2014 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 5 C. FINE ASSESSMENT/STATUS HEARINGS (NONE) VI. GENERAL CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS 1. Case Number 14.02.6291 Owner/Respondent Rebecca Kelly P.O. Box 31862 Palm Beach Gardens, FL 33420 Violation Location 4438 Golfers Cir W Palm Beach Gardens, FL 33410 PCN: 52424212030000621 Legal: GOLFERS VILLAGE W 40 FT OF LT 62 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Cut, mow, trim, clean & keep maintained all lawn/landscaping areas. First observed on February 4, 2014. Notices and Orders 02/06/2014 Notice of Repeat Violation & Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 6 B. VIOLATIONS 1. Case Number 14.02.6290 Owner/Respondent Palm Beach Gardens Station, Inc. 2200 S Dixie Hwy 601 Miami, FL 33133 Violation Location 4201 Northlake Blvd Palm Beach Gardens, FL 33410 PCN: 52424213000005080 Legal: 13-42-42, N 125 FT OF S 175 FTOF E 160 FT OF SE 1/4 OF SE 1/4 LYG W OF KEATING DR (LESS RD R/W IN OR2257P1098) Code Section Violated FBC 105.1 Permits Required Correction Requirements Due to irreversible & irreparable nature of the violation for the work without permit, which was noticed on February 6, 2014, the Code Enforcement Magistrate will set forth ruling. Maximum fine up to $5,000 may be imposed. Notices and Orders 02/06/2014 Notice of Violation & Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 7 2. Case Number 14.02.6286 Owner/Respondent James N. Wiley 505 Iris Ave Palm Beach Gardens, FL 33410 Violation Location 505 Iris Ave Palm Beach Gardens, FL 33410 PCN: 52434218030030020 Legal: PL 1 PALM BEACH GARDEN ESTS LT 2 BLK 3 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping IPMC 303.1 Swimming Pools IPMC 303.2 Enclosures Correction Requirements 79-5 1.) Cut, mow, trim, clean & keep maintained all lawn/landscaping areas (including backyard). 2.) Remove all trash/ debris from property(including near front door & in backyard) 3.) Clean roof and driveway to show no evidence of staining or discoloration. 4.) Repair or replace front door lock immediately to property secure the property. 5.) Replace/repair/remove damaged mailbox to show state of good repair. If removed from property need to display address numbers so visible from roadway. 6. Gate on south side of home shall be repaired and secured. IPMC 303.1 Pool must be cleaned and maintained. IPMC 303.2 Pool must be secured in accordance with the above referenced code. Notices and Orders 02/06/2014 Notice of Violation & Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 8 3. Case Number 13.07.5927 Owner/Respondent Debra J. Guerra 4248 Royal Oak Dr Palm Beach Gardens, FL 33410 Violation Location 4248 Royal Oak Dr Palm Beach Gardens, FL 33410 PCN: 52424224090001210 Legal: GARDEN OAKS SOUTH LT 121 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Clean & repaint roof where needed to show no evidence of staining or discoloration. Notices and Orders 07/25/2013 Notice of Violation 08/12/2013 Notice of Extension 09/04/2013 Notice of Extension 11/06/2013 Notice of Extension 01/10/2014 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 9 4. Case Number 13.11.6137 Owner/Respondent Timothy L. Bryan 10193 N. Military Trail 201S Palm Beach Gardens, FL 33410 Violation Location 10193 N. Military Trail 201S Palm Beach Gardens, FL 33410 PCN: 52424212090012010 Legal: PALM GARDEN APTS COND UNIT 201-S Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Repair or replace broken window panel in back of unit to show state of good repair (permit may be required, please contact city Building Department at 561-799-4201). Notices and Orders 12/16/2013 Notice of Violation 01/21/2014 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 10 5. Case Number 14.01.6259 Owner/Respondent Mark D. Griffin 3762 Dogwood Ave Palm Beach Gardens, FL 33410 Violation Location 3762 Dogwood Ave Palm Beach Gardens, FL 33410 PCN: 52434207010500120 Legal: CITY OF PALM BEACH GARDENS 5 LOT 12 BLK 50 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping IPMC 303.1 Swimming Pools IPMC 303.2 Enclosures Correction Requirements 79-5 1.) Cut, mow, trim, clean & keep maintained all lawn/landscaping areas (including backyard). 2.) Remove all trash/ debris from property(including near front door & in backyard) 3.) Clean driveway and patio floor to show no evidence of staining or discoloration. 4.) Replace or repair damaged soffit where needed around home to show state of good repair,. 5.) Replace or repair wood fence and gate to show state of good repair. IPMC 303.1 Pool must be cleaned and maintained. IPMC 303.2 Pool must be secured at all times. Notices and Orders 02/06/2014 Notice of Violation & Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 11 C. FINE ASSESSMENT/STATUS HEARINGS 1. Case Number 13.09.5990 Owner/Respondent Rae A. Tetro 4143 Chestnut Ave Palm Beach Gardens, FL 33410 Violation Location 4143 Chestnut Ave Palm Beach Gardens, FL 33410 PCN: 52424201020410050 Legal: PL NO. 4 CITY OF P B GARDENS LT 5 BLK 41 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Repair or replace roof, clean driveway. Notices and Orders 10/23/2013 Notice of Violation 12/13/2013 Notice of Hearing 01/14/2014 Order Finding Violation (Comply by 02/16/2014) Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 12 2. Case Number 14.01.6246 Owner/Respondent Ralph & Kathleen Jimenez 1003 Pine Lake Cir Palm Beach Gardens, FL 33418 Violation Location 1003 Pine Lake Cir Palm Beach Gardens, FL 33418 PCN: 52424214020000760 Legal: GARDENS HUNT CLUB LT 76 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Immediately address: The roof of the home has become a nest for a colony of bats. This poses a risk of the Health, Safety and Welfare of the neighboring community. Bat feces and urine are a danger to humans and other animal species. The bats must be removed and all access points sealed by a licensed animal removal service. Notices and Orders 01/23/2014 Notice of Violation and Notice of Hearing 01/30/2014 Order Finding Health, Safety and Welfare Violation and Permitting City Abatement Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 13 VII. FINE REDUCTIONS 1. Case Number 13.01.5748 Owner/Respondent Phillip X. Zarate 103 Sun Terrace Ct Palm Beach Gardens, FL 33403 Violation Location 103 Sun Terrace Ct Palm Beach Gardens, FL 33403 PCN: 52434218150000013 Legal: LAKE CATHERINE LT 1C Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping. 79-6 Responsibilities of owners and operators of dwellings, hotel units, and rooming house for let. Correction Requirements 79-5 Cut, trim, clean & keep maintained all plants/landscaping within enclosed patio area. Remove all trash & debris from property. Clean enclosed patio floor surface to show no evidence of staining or discoloration. Repair or replace damaged/missing screens on patio screen enclosure. 79-6 Repair or replace damaged flooring within unit. Perform a mold inspection by a certified contractor & provide a copy of inspection. Any mold issues must be mitigated or approved by professional. Notices and Orders 01/14/2013 Notice of Violation 02/20/2013 Notice of Hearing 03/21/2013 Order Finding Health, Safety and Welfare Violations and Permitting City Abatement and Setting Fine Assessment Hearing (Comply by 03/26/2013) 04/23/2013 Order Assessing Fine 10/29/2013 Order Granting Fine Reduction Hearing ($5,500 by 12/02/2013) Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS February 18, 2014 2:00 PM Special Magistrate 02/18/2014 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 14 VIII. STIPULATION AGREEMENTS (NONE) IX. FORECLOSURE AUTHORIZATION HEARINGS (NONE) X. ADJOURNMENT Future Hearing Dates:  March 18, 2014 2:00 pm  April 15, 2014 2:00 pm  May 20, 2014 2:00 pm  June 17, 2014 2:00 pm