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HomeMy WebLinkAboutAgenda CESM 041712CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 Operations Director: David Reyes Code Supervisor: Mohammad Jamal Recording Secretary: Theresa Gonzalez Code Officers: Ismael Vasquez – Sr. Code Officer Michael Williams – Code Officer Robert Williams- Code Officer Robert Creston – Code Officer I. REPEAT VIOLATION CASES A. Case No. 12.03.5291 Property Owner Cynthia Hubartt 15773 85th Ave N Palm Beach Gardens Violation Location: 4261 Bellewood St Palm Beach Gardens PCN: 52424213050420140 LEGAL: UNIT NO 5 PALM BEACH SQUARE LT 1 BLK 42 Code Section Violated: 78-395 Recreational vehicles and watercraft Corrective Action: Immediately remove camper/RV from property or properly screen according to above code section Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 II. VIOLATION CASES A. Case No. 12.01.5174 Property Owner Eileen Somelofski Anderson 10670 Ave of PGA Palm Beach Gardens Violation Location: 10670 Ave of PGA Palm Beach Gardens PCN: 52424211000001020 LEGAL: 11-42-42, PT OF TR LYG NLY OF CLUB HOUSE SITE & ELY OF 80 FT RD SHOWN ON PB27P183 IN OR1006P128/BEING LT 9 BLK 15 PL 3 PGA NATIONAL GOLF CLUB ESTS, UNRECORDED/ Code Section Violated: 78-275 Addresses 86-29 Hurricane shutters Corrective Action: 78-275 Adhere to above code; properly affix a permanent address to the structure to be visible at all times 86-29 Adhere to above code; remove hurricane panel/shutters and maintain Code Officer: Michael Williams B. Case No. 12.01.5182 Property Owner Robert Poggio 9832 N Military Trail Palm Beach Gardens Violation Location: 9832 N Military Trail Palm Beach Gardens PCN: 52424212010800110 LEGAL: CITY OF P B GARDENS NO 6 LOT 11 BLK 80 Code Section Violated: 78-393 Parking and storage restrictions for commercial vehicles Corrective Action: Remove commercial vehicle (Robert J Poggio Remodeling, Inc.) from property or store out of public view Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 C. Case No. 11.12.5170 Property Owner Kevin Hughes 9530 Birmingham Dr Palm Beach Gardens Violation Location: 9530 Birmingham Dr Palm Beach Gardens PCN: 52424213020050170 LEGAL: UNIT 2 PALM BEACH SQUARE LT 17 BLK 5 Code Section Violated: 78-395 Recreational vehicles and watercraft 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: 78-395 Only one boat/watercraft allowed on property per code 79-5 Remove boats/boat trailers from unapproved parking surface (lawn) or property or properly store on approved parking surface as mentioned in above code section Code Officer: Ismael Vasquez D. Case No. 12.01.5184 Property Owner Downtown at the Gardens 5410 Edson Ln Rockville, MD 20852 Violation Location: 11701 Lake Victoria Gardens Ave Palm Beach Gardens PCN: 52434206140010000 LEGAL: DOWNTOWN AT THE GARDENS & LANDMARK TR A Code Section Violated: 1-1 Title of Code Corrective Action: Adhere to the conditions in Resolution 36, 2011 Code Officer: Robert Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 E. Case No. 12.03.5284 Property Owner Mainstreet at Midtown Ltd Partn 4801 PGA Blvd Palm Beach Gardens Violation Location: 4665 PGA Blvd Palm Beach Gardens PCN: 52424201210020000 LEGAL: BORLAND CENTER REPL TR 2 K/A DEVELOPMENT (LESS AIRSPACE FOR RESIDENCES AT MIDTOWN CONDO) Code Section Violated: 78-276 Permits required, fees, and revocation Corrective Action: Remove ‘Chuck Burger Joint Now Open’ sign from property by 4:30pm on March 2, 2012; for future reference, apply for, receive approval, and obtain permit for signage from City Building Department at 561.799.4210; contact City P&Z Dept at 561.799.4243 for further clarification Code Officer: Ismael Vasquez F. Case No. 12.03.5285 Property Owner John C Bills E W Outparcels LLC 3920 RCA Blvd Palm Beach Gardens Violation Location: 5700 PGA Blvd Palm Beach Gardens PCN: 52424211000003100 LEGAL: Code Section Violated: 78-276 Permits required, fees, and revocation Corrective Action: Remove ‘Office Space Available’ sign from property by 1:30pm on March 3, 2012; for future reference, apply for, receive approval, and obtain permit for signage from City Building Department at 561.799.4210; contact City P&Z Dept at 561.799.4243 for further clarification Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 G. Case No. 12.02.5240 Property Owner Lawrence Landry & L G Martin 100 Galleria Officecentre Southfield, MI 48034 Violation Location: 3101 PGA Blvd – P223 Palm Beach Gardens PCN: 52434206020001010 LEGAL: GARDENS MALL ALL OF PLAT (LESS LEASE PARS K/A MACYS, SEARS, NORDSTROM, SAKS & BLOOMINGDALES) Code Section Violated: 30-39 Excessive false alarm signals limited Corrective Action: Cease excessive false alarm activity and pay fine of $145 on or before 3/16/12 Police Officer: Julius Barone H. Case No. 12.01.5237 Property Owner Dreamstar Acquisitions LLC 11000 Prosperity Farms Rd Palm Beach Gardens Violation Location: 11000 Prosperity Farms Rd - 202 Palm Beach Gardens PCN: 52434205000005340 LEGAL: 5-42-43, W 1/2 OF SW 1/4 OF SW 1/4 OF SE 1/4 LYG E OF & ADJ TO PROSPERITY FARMS RD (LESS N 300 FT & S 60 FT MONET RD Code Section Violated: 30-39 Excessive false alarm signals limited Corrective Action: Cease excessive false alarm activity and pay fine of $480 on or before 3/16/12 Police Officer: Julius Barone CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 I. Case No. 12.01.5210 Property Owner Susan Rubenstein 3942 Carnation Cir S Violation Location: 3942 Carnation Cir S Palm Beach Gardens PCN: 52434218040270210 LEGAL: PL NO 3 CITY OF P B GARDENS LT 21 BLK 27 Code Section Violated: 79-5 Maintenance and appearance standards for all structures and landscaping 303.1 Swimming pools Corrective Action: 79-5 Cut all high grass and weeds and maintain ongoing; trim all hedges and trees; remove all trash and debris from property 303.1 Pool must be maintained per code; pool appears to be inoperative, is currently dirty and is covered with wood and plastic sheeting Code Officer: Michael Williams J. Case No. 12.01.5231 Property Owner Karl Volstad 9688 Dogwood Ave Palm Beach Gardens Violation Location: 9688 Dogwood Ave Palm Beach Gardens PCN: 52434218040210020 LEGAL: PL NO 3 CITY OF P B GARDENS LT 2 BLK 21 Code Section Violated: 79-5 Maintenance and appearance standards for all structures and landscaping 303.1 Swimming pools Corrective Action: 79-5 Cut all high grass and weeds and maintain ongoing; remove all trash and debris from property; repair and/or replace all damaged sections of fencing 303.1 Pool must be maintained per code Code Officer: Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 K. Case No. 12.04.5346 Property Owner Brian and Denise Marx 11232 Thyme Dr Palm Beach Gardens Violation Location: 11232 Thyme Dr Palm Beach Gardens PCN: 52424202020000560 LEGAL: CINNAMON PL 2 LT 56 Code Section Violated: 74-65 Illicit discharges Corrective Action: Pouring of substance into roadway and/or drainage system; City ordinance prohibits such substances from being poured into roadway or drainage system; constitutes irreversible/irreparable violation in nature Code Officer: Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 III. FINE ASSESSMENT/STATUS HEARING A. Case No. 11.08.4903 Property Owner Jackie Dudkiewicz 217 Park Ave Lake Park, FL 33403 Violation Location: 8617 40th Terrace N Palm Beach Gardens PCN: 52424224000001391 LEGAL: 24-42-42-N 106 FT OF S 689 FT OF W 179.09 FT OF E 330 FT OF NE 1/4 Code Section Violated: FBC 104.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. FBC 104.5.1 When the building official determines a building, structure, electrical, gas, mechanical, or plumbing system or portion thereof is unsafe, as set forth in this Code, or in reference to the International Property Maintenance Code, current edition, promulgated by the International Code Council, Inc., he/she shall, in accordance with established procedure for legal notices, give the owner, agent, or person in control of such building, structure, electrical, gas, mechanical, or plumbing system written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical, or plumbing system or portion thereof. The building official shall refer to the International Property Maintenance Code exclusively for safety purposes and not for aesthetic purposes, and only as to structur al, electrical, gas, mechanical, or plumbing deficiencies. For the purposes of protecting life, health, property, and ensuring public safety, enforcement activity by the building official shall be limited to Chapter 2, Chapter 3 - Sections 303, 304 (excluding 304.3), 305, and 306, Chapter 4, Chapter 5, and Chapter 6 of the IPMC. Corrective Action: Obtain permits as required within 30 days and effectuate repairs within 60 days of permitting; see attached exhibit for IPMC violations and details; for further clarification and inspections please contact City Building Official Steve Kennedy at 799.4295 Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 B. Case No. 12.02.5263 Property Owner Derek and Tiffany Lambert 5987 Golden Eagle Circle Palm Beach Gardens Violation Location: 5987 Golden Eagle Circle Palm Beach Gardens PCN: 52424135010000381 LEGAL: WESTWOOD GARDENS PL NO 1 LT 38A Code Section Violated: 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Remove all trash, vegetation, debris and keep maintained; repair/replace broken sliding glass door; permits may apply; consult with Building Department at 561.799.4210 for details Code Officer: Ismael Vasquez C. Case No. 12.02.5274 Property Owner Renarde and Letizzia Clerx 193 Sedona Way Palm Beach Gardens Violation Location: 193 Sedona Way Palm Beach Gardens PCN: 52424134060000660 LEGAL: MIRABELLA AT MIRASOL PL A LT 66 Code Section Violated: 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Board and secure broken sliding glass door Code Officer: Robert Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 D. Case No. 11.07.4805 Property Owner Fredrik and Adrianna Lavernia 4085 Rodgers St Palm Beach Gardens Violation Location: 4085 Rodgers St Palm Beach Gardens PCN: 52424213020050200 LEGAL: UNIT 2 PALM BEACH SQUARE LT 20 BLK 5 Code Section Violated: 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Repair/replace fence panels/sections where needed; clean/repaint exterior walls where needed to show no evidence of discoloration/fading; repair cracked/damaged exterior wall/barrier where needed to show state of good repair; repair driveway section where needed to create a smooth surface (possible permits required; contact City Building Department at 561.799.4210) Code Officer: Ismael Vasquez IV. FINE REDUCTION HEARING A. Case No. 10.04.3649 Property Owner Thomas and Holly Dickens 713 7th Court Palm Beach Gardens Violation Location: 713 7th Court Palm Beach Gardens PCN: 52434207180007130 LEGAL: SANDALWOOD ESTATES LOT 713 Code Section Violated: 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Repair and/or replace broken and missing shingles on mansard roof; after repairs are made, clean mansard so not to show signs of deterioration Code Officer: Robert Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 B. Case No. 11.08.4945 Property Owner JP Morgan Chase Bank 10188 Flag Drive Palm Beach Gardens Violation Location: 10188 Flag Drive Palm Beach Gardens PCN: 52434207010530130 LEGAL: CITY OF PALM BEACH GARDENS 5 LOT 13 BLK 53 Code Section Violated: 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Repair and/or replace all damaged, rotted wood areas to roof, soffit and fascia areas of home; remove all outside storage in public view (i.e. tools, sofa, etc.); cut all high grass and/or weeds; paint all faded, peeling and dirty areas of house exterior; you must inquire with Building Services regarding possible permits necessary to effect repairs to roofing/rotted wood areas; Building Services can be contacted at 561.799.4201 Code Officer: Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING APRIL 17, 2012 COUNCIL CHAMBERS 2:00PM Special Magistrate 4.17.12 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 C. Case No. 11.10.5033 Property Owner Realmed Inc 4300 Northlake Blvd Palm Beach Gardens Violation Location: 4300 Northlake Blvd Palm Beach Gardens PCN: 52424224120000020 LEGAL: NORTHLAKE COMMERCIAL COND UNIT 2 Code Section Violated: 78-329 Maintenance 79-5 Maintenance and appearance standards for all structures and landscaping Corrective Action: 78-329 Replace mulch missing from planting areas (comply with attached 78-322 (c) code); irrigation needs to be functional; remove invasive exotics and seedling Sabal Palms; replace missing Hibiscus hedge from West property line; replace missing and poor condition Hibiscus hedges at North and East side (for further details and clarification please contact City Forester Technician Ray Caranci at 799.4239) 79-5 Cut, mow, trim, clean and keep maintained all lawn/landscaping areas (including section West of building near concrete fencing and tree branches overhanging handicap parking space); clean and repaint concrete fencing and path walkway where needed to show no evidence of stains, deterioration or discoloration Code Officer: Ismael Vasquez V. STIPULATION (NONE) VI. FORECLOSURE AUTHORIZATION HEARING (NONE)