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Home My WebLink AboutAgenda CESM 052014CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, 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) B. VIOLATIONS CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 2 1. Case Number 13.10.6048 Owner/Respondent DAVID ASSOCIATES XII LLC 224 DATURA ST, STE 700 WEST PALM BEACH, FL 33401 Violation Location 10800 N MIITARY TRL SITUS PALM BEACH GARDENS, FL 33410 PCN: 52424212000001070 Legal: 12-42-42, E 295 FT OF W 345 FTOF N 375 FT OF S 825 FT OF N 1/2 OF NE 1/4 (LESS W 3 FT SR 809 RD R/W) Code Section Violated 34-181. Nuisance declared 78-276. Permits required, fees, and revocation 78-344. Construction and maintenance 78-195. Mechanical and service equipment screening 78-378. Dumpsters 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 34-181. Obtain current registration (valid tags) & make sure vehicle is operable (replace/repair flat tires) for silver box truck (tag # L682ZZ) stored at rear of property or remove vehicle from property 78-276. Apply, receive approval & obtain permits for existing window signage or remove signs from property, list of suites provided below. Contact City Planning & Zoning Department, at 561-700-4243 for further clarification. 78-344. 1.) Repair damaged parking lot sections & curbing where needed on entire property to create a smooth surface. 2.) Replace/repair damaged wheelstops where needed on entire property, including the removal of all damaged wheelstops not repaired 3.) Restripe missing/faded parking lot lines where needed on entire property. 78-195 Screen all equipment (a/c units, electrical boxes, etc.) according to above code section. Contact City Planning & Zoning Department, at 561-799-4243, for further clarification. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 3 78-378. Dumpster enclosures must be properly constructed & screened according to the above code section (fencing requires slats to be installed). 79-5 1.) Remove storage all of materials from inside the unregistered silver box truck or remove vehicle from property. 2. Remove all trash/debris from property (including all landscaping debris from parking spaces). 3.) Cut, prune & trim all trees where needed (including trimming branches overhanging parking lot area). 4.) Repair damaged parking lot sections & curbing where needed on entire property to create a smooth surface. 5.) Repair/replace storage awnings/roofs in disrepair to show sate of good repair. 6.) Repair/replace all non-functional wall exterior light fixtures to assure that all the lighting on property is properly operational at night. 7.) Clean & repaint exterior walls where needed to show no evidence of staining or discoloration. Notices and Orders 11/05/2013 Correction Request 12/17/2013 Notice of Violation 02/22/2014 Notice of Extension 04/08/2014 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 4 C. FINE ASSESSMENT/STATUS HEARINGS 1. 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 May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 5 VI. GENERAL CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) B. VIOLATIONS 1. Case Number 14.04.6421 Owner/Respondent EILI LLC 5455 N FEDERAL HWY 1 BOCA RATON, FL 33487 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 FBC 105.1 Permits Required Correction Requirements Due to the irreversible & irreparable nature of the violation for the work without permit, which was noticed on April 29, 2014, the Code Enforcement Magistrate will set forth a ruling. Maximum fine up to $5,000 may be imposed. Notices and Orders 04/30/2014 Notice of Violation & Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 6 2. Case Number 14.01.6267 Owner/Respondent BRIAN WIITA 140 TRANQUILLA DR PALM BEACH GARDENS, FL 33418 Violation Location BRIAN WIITA 140 TRANQUILLA DR PALM BEACH GARDENS, FL 33418 PCN: 52424203090000210 Legal: MIRASOL PAR 23 LT 21 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5 1.) Properly repair damaged fencing. Permits may apply, consult with PBG Building Department. 2.) Replace or repair front doors to house that show extensive weathering and deterioration. Notices and Orders 01/30/2014 Correction Request 02/19/2014 Notice of Violation 04/03/2014 Notice of Extension 05/09/2014 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 7 3. Case Number 14.01.6269 Owner/Respondent Lauren W. Furtado Estate 4318 CRESTDALE ST PALM BEACH GARDENS, FL 33410 Violation Location 4318 CRESTDALE ST PALM BEACH GARDENS, FL 33410 PCN: 52424213050400160 Legal: UNIT NO 5 PALM BEACH SQUARE LT 16 BLK 40 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5 1.) Cut, mow, trim, clean & deep maintained all lawn/landscaping areas (including bushes hedges/trees, side& backyards & tree branches overhanging into roadway). 2.) Remove all debris from property. 3.) Clean driveway to show no evidence of staining or discoloration. 4.) Clean or repaint vinyl fence gate where needed to show no evidence of staining or discoloration. 5.) Replace or repair vinyl fence gate so that in state of good repair. 6.) Replace peeling address numbers on mailbox post. 7.) Repaint or replace rotted mailbox& post so that in state of good repair. Notices and Orders 02/03/2014 Correction Request 03/31/2014 Notice of Violation 04/28/2014 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 8 4. Case Number 14.04.6370 Owner/Respondent US BANK NATL ASSN TR 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 VIOLATION LOCATION 354 GARDEN BLVD PALM BEACH GARDENS, FL 33410 PCN: 52434218030100100 Legal: PL 1 PALM BEACH GARDEN ESTS LT 10 BLK 10 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5 1.) Cease and desist parking in unapproved surface. (lawn). Remove vehicle from lawn or from property or park on an approved parking surface as mentioned on the above code section. COMPLIED 2.) Repair or replace broken fence sections/wood panels where needed o show stats of good repair. 3.) Remove outdoor storage (exercise machine/equipment, etc.) from property or from public view. 4.) Replace rotten fascia boards on entrance of carport so as not to show signs of deterioration, paint to match when complete. 5.) Repair or replace driveway so as not to be in a state of deterioration and disrepair. (Building permits may apply for work mentioned above, so contact the City Building Department at 561-799-4201). Notices and Orders 04/02/2014 Notice of Violation 05/02/2014 Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 9 C. FINE ASSESSMENT/STATUS HEARINGS 1. Case No. 12.09.5621 Property Owner VINCENT AND JEANNIE BELLAFIORE 9361 APPLECREST DR PALM BEACH GARDENS, FL 33410 VIOLATION LOCATION: 9361 APPLECREST DR PALM BEACH GARDENS, FL 33410 PCN: 52424213050410250 LEGAL: UNIT NO 5 PALM BEACH SQUARE LT 25 BLK 41 Code Section Violated: IPMC 303.1 Swimming pools 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: 303.1 Clean pool and keep maintained 79-5 1.) Cut, mow, trim, clean and keep maintained all lawn/landscaping areas (including front, side and back yards) 2.) Replace/repair missing fence panels and leaning fence sections where needed so fence is in state of good repair. 3.) Replace or repair fence gate locks. 4.) Replace or repair broken window panels so windows are in state of good repair. 5.) Possible permits required for repairs. Please contact Building Department, at 561.799.4210, to inquire. Notices and Orders 09/21/2012 Notice of Violation & Notice of Hearing 04/22/2014 Notice of Fine Assessment Hearing for Recovery of City Abatement Costs Code Officer: Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 10 2. Case Number 14.2.6285 Owner/Respondent JUDITH B WHEELER 3711 LIGHTHOUSE DR/ PALM BEACH GARDENS, FL 33410 Violation Location 3711 LIGHTHOUSE DR PALM BEACH GARDENS, FL 33410 PCN: 52434218040190120 Legal: PL NO 3 CITY OF PB GARDENS LT 12 BLK 19 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 1.) Trim all landscaping (trees, shrubs, etc.) so as not to create a place for pests, rodents & vermin to occupy. 2.) Repair soffit & fascia where there are openings that rodents and pests can enter. Notices and Orders 02/05/2014 Correction Request 03/31/2014 Notice of Violation 04/09/2014 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 11 3. Case Number 11.03.4538 Owner/Respondent VIRTUAL BANK 3801 PGA BLVD PALM BEACH GARDENS Violation Location: 8563 WAKEFIELD DR PALM BEACH GARDENS PCN: 52424224080000050 LEGAL: GARDEN OAKS PL 1 LT 5 Code Section Violated: 303.1 Swimming pools 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements: 303.1 Clean pool water and keep maintained 79-5 Cut, mow, trim, clean and keep maintained all lawn/landscaping areas Notices & Orders 03/31/2011 Notice of Violation 04/12/2011 Notice of Hearing 05/23/2011 OFHSWV 06/24/2011 OAF 04/08/2013 FAHRCAC Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 12 VII. FINE REDUCTIONS 1. Case Number 13.07.5902 Owner/Respondent EDWARD B LANGFORD 46 BERMUDA LAKE DR. PALM BEACH GARDENS, FL 33418 Violation Location 46 BERMUDA LAKE DR. PALM BEACH GARDENS, FL 33418 PCN#: 52424214040001070 LEGAL: HANSEN-JDM PL 2 LT 107 Code Section Violated IPMC 303.1 Swimming Pool Correction Requirements Clean pool and maintain in a state of good repair Notices and Orders 07/01/2013 Notice of Violation 08/09/2013 Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 13 2. 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 02/24/2014 OFRV & AF & OFHSWV & PCA Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, 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 1. Case Number 09.12.3383 Owner/Respondent CHERYL A. GOMES 10339 DAPHNE AVE PALM BEACH GARDENS, FL 33410 Violation Location 10339 DAPHNE AVE PALM BEACH GARDENS, FL 33410 PCN: 52434207010510010 Legal: City of Palm Beach Gardens 5 Lot 1 Blk 51 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Keep yard trimmed, cut pruned and maintained on a regular basis so not to be in an overgrown state. Eliminate rat population so not to be a hazard to this or neighboring properties. Notices and Orders 12/11/2009 Notice of Violation & Notice of Hearing 01/25/2010 Order finding Health, Safety & Welfare Violation and Assessing Fine 11/17/2011 Notice of Fine Assessment Hearing 12/09/2011 Order Finding Health, Safety & Welfare Violation and Assessing Fine 12/05/2013 Notice of Fine Assessment Hearing for Recovery of City Abatement Costs Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS May 20, 2014 2:00 PM Special Magistrate 05/20/2014 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 15 X. ADJOURNMENT Future Hearing Dates:  June 17, 2014 2:00 p.m.  July 15, 2014 2:00 p.m.  August 19, 2014 2:00 p.m.  September 16, 2014 2:00 p.m.