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HomeMy WebLinkAboutAgenda CESM 041514CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 Jean Dumond 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 April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 14.04.6364 Owner/Respondent DANIEL J & ROBIN J SHEPHERD 3896 BURNS RD 101 PALM BEACH GARDENS, FL 33410 Violation Location 3896 BURNS RD PALM BEACH GARDENS, FL 33410 PCN: 52434207000007210 Legal: 7-42-43, N 170 FT OF WLY 183.08 FT OF SW 1/4 LYG E OF & ADJ TO RIVERSIDE DR (LESS N 30 FT BURNS RD R/W) Code Section Violated 78-328. Pruning Correction Requirements Pruning of three (3) Gumbo Limbo trees, due to the irreversible and irreparable nature of these violations, Code Enforcement Special Magistrate will set forth ruling. Notices and Orders 04/08/2014 Notice of Violation & Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 13.09.6026 Owner/Respondent WILLIAM C. CALVERT 216 TALL OAKS CIR PALM BEACH GARDENS, FL 33410 Violation Location 216 E TALL OAKS CIR PALM BEACH GARDENS, FL 33410 PCN: 52434207340000900 Legal: OAKS-OAKS EAST PL1 LT90 Code Section Violated FBC 105.1 Permits Required Correction Requirements Obtain a permit from the City Building Department for the fence that was installed without a permit. Must have a final approved inspection to obtain compliance. Notices and Orders 09/23/2013 Notice of Violation 10/30/2013 Notice of Extension 12/09/2013 Notice of Hearing 04/03/2014 Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 14.02.6308 Owner/Respondent DANLEN INC 2401 PGA BLVD. PALM BEACH GARDENS, FL 33410 Violation Location Seaside Title LLC 2401 PGA BLVD 280 PALM BEACH GARDENS, FL 33410 PCN: 52434205000001460 Legal: 5-42-43, ELY 500.97 FT OF W 627.17 FT OF NLY 207.10 FT, ELY 206.05 FT OF W 322.05 FT OF S 808.52 FT OF N 1015.62 FT & ELY 775.09 FT OF W 901.29 FT OF SLY 302.53 FT LYG BET Code Section Violated 66-46. Engaging in business without business tax receipts or upon false statements Correction Requirements (Suite 280-H: Seaside Title LLC) To submit and obtain your Business Tax Receipt, contact Elizabeth Williams- Business Services Coordinator. Elizabeth’s office is located at 10500 N. Military Trail, Palm Beach Gardens, FL 33410 and her phone number is 799 - 4216. Notices and Orders 02/24/2014 Correction Request 03/06/2014 Notice of Violation 03/26/2014 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 1. Case Number 13.08.5953 Owner/Respondent DDRM NORTHLAKE COMMONS LLC 3300 ENTERPRISE PKWY CLEVELAND, OH 44122 Violation Location 3804 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33403 PCN#: 52434219160010000 Legal: Crossroads at Northlake Par A K/A Commercial Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping 78-276 Permits required, fees, and revocation 78-284 Prohibited signs and prohibited sign locations 78-329 Maintenance 78-322 Hardscape and nonliving landscape materials installation requirements Correction Requirements 79-5 See attachment 78-276 Obtain permits for existing window signage for all suites of 3804 Northlake Blvd. from City Building Department at 561-799-4210 or remove. For further clarification, please contact City Planning & Zoning Department at 561-799-4243 78-284 Remove all prohibited signs outside in the plaza at 3804 Northlake Blvd. This includes but is not limited to snipe signs and A -Frame signs. For further clarification, please contact City Planning & Zoning Department at 561-799-4243 78-329 Replace all missing shrubs, hedges and 1 palm. Remove all invasive exotic plants including Brazilian Pepper. Hedges and grass are unmaintained on the eastern edge of the property. The maintenance of the Northlake Boulevard right of way landscaping is the responsibility of the property owners, per Resolution 87, 1998 78-322 All missing mulch must be replaced and maintained. Notices and Orders 08/29/2013 Notice of Violation 10/02/2013 Notice of Extension 10/21/2013 Notice of Hearing 11/21/2013 Order Finding Violation & Setting Fine Assessment/Status Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 2. Case Number 14.02.6288 Owner/Respondent NATACHA GRATIEN & JEAN YVES CORMIER 4427 S MARY CIR PALM BEACH GARDENS, FL 33410 VIOLATION LOCATION 4427 S MARY CIR PALM BEACH GARDENS, FL 33410 PCN: 52424224030000290 Legal: NICHOLAS PARK UNREC Lot 29 (LESS S 10 FT) Code Section Violated 78-275. Addresses 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 78-275 Post address numbers to show visibility from the street. 79-5 1.) Cut, mow, trim, clean & keep all lawn/landscaping areas by February 16, 2014 2.) Clean driveway where needed to show no evidence of staining or discoloration by February 26, 2014 3.) Clean or repaint rear storm shutter where needed to show no evidence of staining or discoloration by February 26, 2014 4.) Repair or replace broken/missing fence panels & leaning fence sections where needed to show state of good repair by February 26, 2014, (Possible permits required, please contact city Building Department at 561-799-4201) Notices and Orders 02/05/2014 Notice of Violation 02/27/2014 Notice of Hearing 03/21/2014 Order Finding Health, Safety, Welfare Violation Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 VI. GENERAL CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS B. VIOLATIONS 1. Case Number 14.01.6248 Owner/Respondent ERVIS & YESSENIA D. KOCI 4429 CRESTDALE ST PALM BEACH GARDENS, FL 33410 Violation Location 4429 CRESTDALE ST PALM BEACH GARDENS, FL 33410 PCN: 52424213060390010 Legal: PALM BEACH SQUARE UNIT 6 LOT 1 BLK 39 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping FBC 105.1 Permits Required Correction Requirements 79-5 1. Repair/replace doors on shed. 2. Repaint shed exterior walls where needed to show no evidence of staining or discoloration. 3. Replace, clean or repaint mailbox to show no evidence of staining or discoloration. 4. Remove, replace or restore faded address numbers on mailbox. FBC 105.1 Obtain permit for new windows installation from City Building Department at 561-799-4201 Notices and Orders 01/23/2014 Notice of Violation 02/24/2014 Notice of Extension 03/27/2014 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 2. Case Number 14.02.6321 Owner/Respondent CARLOS & AILEEN DEOLIVEIRA 177 FARMINGDALE DRIVE JUPITER, FL 33458 Violation Location 10289 ALLAMANDA BLVD PALM BEACH GARDENS, FL 33410 PCN: 52434207280002890 Legal: SIENA OAKS LT 289 Code Section Violated IPMC 303.1 Swimming Pools IPMC 303.2 Enclosures Correction Requirements IPMC 303.1 Clean pool and maintain the pool in a sanitary condition. IPMC 303.2 Repair gate on wood fence so as to meet the above standards or repair latch and secure with a lock. Notices and Orders 02/25/2014 Notice of Violation 03/25/2014 Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 3. Case Number 14.03.6335 Owner/Respondent 4150 PGA BLVD LLC 2223AVENIDA DE LA PLAYA 100 LA JOLLA, CA 92037 Violation Location 4150 PGA BLVD PALM BEACH GARDENS, FL 33410 PCN: 52424201000005011 Legal: 1-42-42, PT OF SE 1/4 OF SE 1/4 LYG SLY OF INTERSECTION OF PGA BLVD & RCA DR IN OR1681P673 Code Section Violated 34-181. Nuisance declared Correction Requirements Obtain current registration and tag for Silver Porsche Boxster or remove from property. Notices and Orders 03/07/2014 Notice of Violation 03/27/2014 Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 4. Case Number 14.03.6361 Owner/Respondent WELLS FARGO BANK NA OCWEN LOA 1661 WORTHINGTON RD 100 WEST PALM BEACH, FL 33409 Violation Location 4275 BIRDWOOD ST PALM BEACH GARDENS, FL 33410 PCN: 52424213050400120 Legal: UNIT NO 5 PALM BEACH SQUARE LT 12 BLK 40 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements Bee infestation on house must be abated. As situation presents health and safety issue to community. There is one hive on the front of the house, but there may be others. All must be removed. The overgrown front and back lawns and landscaping must be cut trimmed edged and maintained to prevent an environment for rodents, snakes and other vermin. Must comply by 3:00 p.m., April 02, 2014. Notices and Orders 03/28/2014 Notice of Violation 04/02/2014 Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 09.06.2928 Owner/Respondent ROBERT R. GAUDREAU 3595 LIGHTHOUSE DR PALM BEACH GARDENS, FL 33410 Violation Location 3595 LIGHTHOUSE DR PALM BEACH GARDENS, FL 33410 PCN: 52434218040190040 Legal: PL NO 3 CITY OF P B GARDENS LT 4 BLK 19 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 also remove all trash and debris. Notices and Orders 06/17/2009 Notice of Violation & Notice of Hearing 07/28/2011 Order Finding Violation 01/11/2011 Notice of Hearing 02/22/2011 Order Assessing Fine Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 14.01.6264 Owner/Respondent ROBERT F. TANNER 4137 RODGERS ST PALM BEACH GARDENS, FL 33410 Violation Location 4137 RODGERS ST PALM BEACH GARDENS, FL 33410 PCN: 52424213020050240 Legal: UNIT 2 PALM BEACH SQUARE LT 24 BLK 5 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 1.) Cut, mow, trim, clean & keep maintained all lawn/landscaping areas (including edging sidewalk & trimming tree branches overhanging into the sidewalk). 2.) Reposition or straighten mailbox post to show state of good repair. 3.) Replace peeling address numbers on mailbox. 4.) Clean sidewalk where needed to show no evidence of staining or discoloration. Notices and Orders 01/29/2014 Notice of Violation 02/24/2014 Notice of Hearing 03/21/2014 Order Finding Violation/Comply by 04/13/2014 Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 3. 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). Partial Compliance 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. 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 02/24/2014 Order Finding Violation/Comply by 02/28/2014 03/21/2014 Order Continuing Fine Assessment Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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 VII. FINE REDUCTIONS 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 02/24/2014 Order Finding Irreparable/Irreversible Violation and Assessing Fine Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS April 15, 2014 2:00 PM Special Magistrate 04/15/2014 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. 15 VIII. STIPULATION AGREEMENTS (NONE) IX. FORECLOSURE AUTHORIZATION HEARINGS (NONE) X. ADJOURNMENT Future Hearing Dates:  May 20, 2014 2:00 p.m.  June 17, 2014 2:00 p.m.  July 15, 2014 2:00 p.m.  August 19, 2014 2:00 p.m.