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HomeMy WebLinkAboutAgenda CESM 022015CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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: Terri Swink Code Officers: Robert Creston Rose Futch Mark Mulligan Kathryn Stiles Ismael Vasquez Nyrva Chavannes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS, DELETIONS, MODIFICATIONS IV. FINE REDUCTIONS V. FIRE & POLICE DEPARTMENT CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) B. VIOLATIONS (NONE) C. FINE ASSESSMENT/STATUS HEARINGS (NONE) VI. CODE ENFORCEMENT CASES A. FINE ASSESSMENTS/HEARINGS B. REPEAT VIOLATIONS C. VIOLATIONS VII. STIPULATION AGREEMENTS (NONE) VIII. FORECLOSURE AUTHORIZATION HEARINGS (NONE) IX. ADJOURNMENT FUTURE HEARING DATES MARCH 24, 2015 MAY 26, 2015 APRIL 28, 2015 CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 IV. FINE REDUCTIONS 1. Case Number 15.01.7028 Owner/Respondent DDRM NORTHLAKE COMMONS LLC 3300 ENTERPRISE PKWY CLEVAND, OH 44122 Violation Location 3880 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33403 PCN# 524342191600100000 LEGAL: CROSSROADS AT NORTHLAKE PAR A K/A COMMERCIAL Code Section Violated 78-147. CG-1 General commercial district Correction Requirements Irreversible and Irreparable violation: Items displayed in walkway. Notices and Orders 01/08/2015 Notice of Violation 01/08/2015 Notice of Hearing Code Officer Rose Futch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 VI. A. FINE ASSESSMENTS/HEARINGS 1. Case Number 14.12.6924 Owner/Respondent E & I MANAGEMENT SERVICES IX 5723 HIGH FLYER RD S PALM BEACH GARDENS FL, 33418 Violation Location 10174 PLANT DR PALM BEACH GARDENS, FL 33410 PCN#52424212000005170 LEGAL: 12-42-42, N 73.64 FT OF S 960 FT OF W 140FT OF E 290FT Code Section Violated FBC 105.1 Permits Required 79-5: Maintenance and appearance standards for all structures and landscaping Correction Requirements FBC 105.1: Obtain required permits for both 10174 & 10176 Plant Dr for new windows and door installation and a permit for water heater installation. 79-5: Repair driveway sections where needed to create a smooth surface and clean patios. Please contact building department at 561-799-4201 for permit information Notices and Orders 12/17/2014 Notice of Violation 01/08/2015 Notice of Hearing 02/03/2015 Order Finding Violation Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 2. Case Number 14.12.6909 Owner/Respondent VITTORIO DONALD & FRANCESCA 4360 DAFFODIL CIR S PALM BEACH GARDENS, FL 33410 Violation Location 4360 DAFFODIL CIR S PALM BEACH GARDENS, FL 33410 PCN# 52424212010740090 LEGAL: CITY OF PALM BEACH GARDENS NO 6 LOT 9 BLK 74 Code Section Violated 34-181 Nuisances declared Correction Requirements All vehicles on property must show current registration and valid tags or remove vehicles from the property. Notices and Orders 12/02/2014 Notice of Violation 12/08/2014 Notice of Hearing 02/03/2015 Order Finding Violation Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 3. Case Number 15.01.7064 Owner/Respondent JAN REAL ESTATE CO LTD PARTNER 25900 ROMANY WAY FRANKLIN MI 48025 Violation Location 10965 N MILITARY TRL PALM BEACH GARDENS, FL 33418 PCN# 52424201040010000 LEGAL: GARDEN LAKES & GARDEN SQUARE SHOPS TRACT A (LESS S 8 FT SR 74 R/W) Code Section Violated 14-38: Sale or Transfer of dog and cats. Correction Requirements Cease and desist the display of dogs or cats within the city's municipal boundaries. Notices and Orders 01/15/2015 Notice of Violation 01/16/2015 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 C. VIOLATIONS 1. Case Number 15.02.7118 Owner/Respondent JAN REAL ESTATE CO LTD PARTNER 25900 ROMANY WAY FRANKLIN MI 48025 Violation Location 10965 N MILITARY TRL PALM BEACH GARDENS, FL 33418 PCN# 52424201040010000 LEGAL: GARDEN LAKES & GARDEN SQUARE SHOPS TRACT A (LESS S 8 FT SR 74 R/W) Code Section Violated 14-38. Sale or transfer of dogs and/or cats. Correction Requirements Irreparable, Irreversible: Cease and desist the sale of dogs within the city’s municipal boundaries. Notices and Orders 02/17/2015 Notice of Violation & Notice of Hearing Code Officer Nyrva Chavannes CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 2. Case Number 15.01.7035 Owner/Respondent 11200 WILD ORCHID DR. PALM BEACH GARDENS, FL 33410 Violation Location OLD PALM CDD GMS SF LLC RICH H 5385 N NOB HILL RD SUNRISE FL 33351 PCN# 52424135060160010 Legal: OLD PALM PL 3 PRESERVE TRS 1 & 2 K/A UPLAND Code Section Violated 78-742 Remedies 78-243 Violations, enforcement, and penalties Correction Requirements 78-742: Remove all non native vegetation, fruit trees, grasses, planters and contents. Contact City of Palm Beach Gardens Forrester Mark Hendrickson at (561)-799-4259 for information on how to proceed with the restoration of the preserve area. Notices and Orders 02/04/2015 Notice of Violation and Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 3. Case Number 15.02.7099 Owner/Respondent DONALD ROSS/MILITARY POA INC A 4650 DONALD ROSS RD STE 200 PALM BEACH GARDENS, FL 33418 Violation Location 4624 DONALD ROSS RD PALM BEACH GARDENS, FL 33418 PCN# 52424125140030010 LEGAL: SHOPS OF DONALD ROSS REPL OF TR A TR C (LESS GAS STATION IN OR18391P54, PAR IN OR18435P825, CVS PAR IN OR19392P846, BK P Code Section Violated 78-316 Preserve areas 78-328 Pruning 78-742 Remedies Correction Requirements Restore the preserve. Provide restoration plan for review by the city forester. Notices and Orders 12/02/2014 Notice of Violation Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 4. Case Number 14.12.6917 Owner/Respondent BLITSTEIN DAVID E 8136 BAUTISTA WAY PALM BEACH GARDENS, FL 33418 Violation Location 9747 DAFFODIL CIR N PALM BEACH GARDENS FL, 33410 PCN#52424212010760190 LEGAL: CITY OF P B GARDENS NO 6 LOT 19 BLK 76 Code Section Violated 78-393: Parking and storage restrictions for commercial vehicles. 78-394: Exceptions for commercial vehicles 78-395: Recreational vehicles and watercraft Correction Requirements 78-393, 78-394, 78-395 : Remove commercial vehicle from property or screen and store according to code section 78-395(c). For clarification, please contact City Planning and Zoning Department at 561-799-4258. 78-395: Properly screen watercraft parked on property. Notices and Orders 12/05/2014 Notice of Violation 12/15/2014 Notice of Extension 01/08/2015 Notice of Extension Verbal 01/15/2015 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 5. Case Number 15.02.7113 Owner/Respondent GOMEZ FRANCISCO & DE GOMEZ MARIA 4441 EMPRESS ST PALM BEACH GARDENS FL, 33410 Violation Location 4441 EMPRESS ST PALM BEACH GARDENS FL, 33410 PCN# 52424213060370280 LEGAL: PALM BEACH SQUARE UNIT 6 LOT 28 BLK 37 Code Section Violated 14-33: Running at large 14-6: Animals creating a nuisance Correction Requirements 14-33: On February 13, 2015, noticed dog unleashed and running at large. 14-6: Control animals as to not cause nuisance to public. Notices and Orders 02/13/2015 Notice of Violation and Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 6. Case Number 14.10.6811 Owner/Respondent EASTON KEVIN 8511 40TH TER N PALM BEACH GARDENS FL 33410 Violation Location 8342 SUNSET DR PALM BEACH GARDENS, FL 33410 PCN: 52424224000001230 Legal: 24-42-42, S 130 FT OF E 330 FT OF NE 1/4 (LESS SR 9 R/W) Code Section Violated 78-395 Recreational vehicles 79-5 Maintenance and appearance standards for all structures and landscaping NFPA1, FIRE CODE 18.2.3.4.1.2 Correction Requirements 78-395: Remove the boat, trailer and oversized commercial truck from public view, and follow the buffering and screening requirements noted in code section 78-395 (c) NFPA 1, Fire Code 18.2.3.4.1.2: Cut, trim and raise the height of tree branches that extend over City right-of-way/roadway to conform to NFPA 1, Fire Code 18.2.3.4.1.2,which requires 13'6", of unobstructed vertical clearance for emergency vehicles. 79-5: Cut/completely remove any weeds, bushes, shrubs, vines, overhung branches or involuntarily grown plants/vegetation from the entire property grounds and on chain link fence. Also maintain the voluntarily grown areas of the entire site and fences to show a state of good repair. 79-5: Clean/repaint the awnings, exterior building walls-where needed, fascia boards and trim to show no evidence of staining, peeling, chipping, weathering or discoloration. Notices and Orders 11/25/2014 Notice of Violation 01/03/2015 Notice of Extension 01/30/2015 Notice of Hearing Code Officer Nyrva Chavannes CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 7. Case Number 14.10.6814 Owner/Respondent EASTON KEVIN E 8511 40TH TER N PALM BEACH GARDENS FL, 33410 Violation Location 8511 40TH TER N PALM BEACH GARDENS, FL 33410 PCN: 52424224000001230 LEGAL: 24-42-42, S 130 FFT OF 330 FT OF NE ¼ (LESS SR 9 R/W) Code Section Violated 78-393 Parking and storage restrictions for commercial vehicles. 78-394 Exceptions for commercial vehicles 78-395 Recreational vehicles and watercraft Correction Requirements 78-394 & 78-393: Remove the commercial truck(s)/trailer(s) from residential property or have said vehicles relocated to an approved district, or screen per code section 78-395 (c). For further clarification, please contact Development Compliance & Zoning Manager, Bahareh Wolfs at 561-799-4258. 78-395: Properly screen the watercraft on the property . Notices and Orders 11/25/2014 Notice of Violation 01/03/2015 Notice of Extension 01/30/2015 Notice of Hearing Code Officer Nyrva Chavannes CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 8. Case Number 14.10.6813 Owner/Respondent EASTON KEVIN E 8342 SUNSET DR PALM BEACH GARDENS FL, 33410 Violation Location 8535 40TH TER N PALM BEACH GARDENS, FL 33410 PCN: 52424224000001241 LEGAL: 24-42-42, N 135 FT OF S 265 FT OF E 330 FT OF NE 1/4 (LESS SR 9 R/W) Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Clean and repaint fascia boards and trim to show no evidence of staining, weathering or discoloration. Make the necessary repairs to the flat roof to show no evidence of discoloration or disrepair. Contact City Building Department for permits at 561-799-4201 Notices and Orders 11/25/2014 Notice of Violation 01/03/2015 Notice of Extension 01/30/2015 Notice of Hearing Code Officer Nyrva Chavannes CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 9. Case Number 14.10.6812 Owner/Respondent EASTON KEVIN E 8342 SUNSET DR PALM BEACH GARDENS FL, 33410 Violation Location 8341 SUNSET DR PALM BEACH GARDENS, FL 33410 PCN: 52424224000000010 LEGAL: LT 1 A/K/A S 100 FT OF W 1/4 OF E 1/2 OF E 1/2 OF NE 1/4 (LESS R/W IN OR 1970P1434) Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements Repair or replace all deteriorated fascia boards/trim, soffits, soffit screens, doors, door trim, and siding/on all exterior buildings on the property to a state of good repair. Repaint all exterior surfaces of your building walls to show no evidence of staining, weathering or discoloration. Notices and Orders 11/25/2014 Notice of Violation 01/03/2015 Notice of Extension 01/30/2015 Notice of Hearing Code Officer Nyrva Chavannes CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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 10. Case Number 14.08.6610 Owner/Respondent GARDENS EAST PLAZA LTD CONTINE 2044 17TH ST VERO BEACH, FL 32960 Violation Location 9810 ALT A1A BUILDING PALM BEACH GARDENS, FL 33410 PCN#5243420726009000 LEGAL: GARDENS EAST PLAZA TR 9 Code Section Violated 79-2 Definitions 79-3 Inspection 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements The (old movie theater) building must be in a good state of repair. Bring the building to a safe and habitable condition for its ordinary and intended use, and the materials used therein, or any fixture related thereto, to a sound, stable condition capable of performing the function for which intended. The property needs to be brought into a good condition in order to be fully and safely operable for the use for which it was intended. Notices and Orders 08/20/2014 Notice of Correction 10/29/2014 Notice of Violation 11/05/2014 Notice of Violation-Amended 12/11/2014 Notice of Extension 01/22/2015 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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. 16 VIII. STIPULATION AGREEMENTS (NONE) . IX. FORECLOSURE AUTHORIZATION HEARINGS (NONE) X. ADJOURNMENT CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS FEBRUARY 24, 2015 2:00PM Special Magistrate 10/15/13 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Code Enforcement Special Magi strate 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. 17