The URL can be used to link to this page

Home My WebLink AboutAgenda CESM 031913CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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: Charlotte Presensky Code Supervisor: Mohammad Jamal Recording Secretary: Kenthia White Code Officers: Jay Carrasquillo Robert Creston Mark Mulligan Kathryn Stiles Ismael Vasquez I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS, DELETIONS, MODIFICATIONS IV. FIRE & POLICE DEPARTMENT ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) B. VIOLATIONS (NONE) C. FINE ASSESSMENT/STATUS HEARINGS (NONE) CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 V. PLANNING & ZONING CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) B. VIOLATIONS 1. Case Number 13.02.5787 Owner/Respondent Donald Ross Military LC Brock 4650 Donald Ross Rd., Ste. 200 Palm Beach Gardens, FL 33418 Violation Location 4580 Donald Ross Rd., Ste. 100 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 Code Section Violated 78-194 Live Entertainment Permit Correction Requirements 78-194 Cease & desist all live entertainment activities onsite. Need to obtain live entertainment permit from City Building Department at 561-799-4201 with the approval from City Planning & Zoning Department. On four separate occasions our Department witnessed The Cigar Bar playing live music without a permit. February 14, 15, 21, 22 and March 1, 2013. Our officers, our front counter staff and our Planning & Zoning Departments had all informed, Brock Development Corporation, the owner of The Cigar Bar and the Manager of the Cigar Bar that the live music could not be played until the permit was actually obtained. Notices and Orders 02/20/2013 Notice of Violation 03/06/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 2. Case Number 13.03.5801 Owner/Respondent Donald Ross Military LC Brock 4650 Donald Ross Rd, Ste. 200 Palm Beach Gardens, FL 33418 Violation Location 4580 Donald Ross Rd., Ste. 119 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 Code Section Violated 78-194 Live Entertainment Permit Correction Requirements 78-194 Immediately cease & desist all live entertainment activities onsite. Need to obtain live entertainment permit from City Building Department at 561-799- 4201 with the approval from City Planning & Zoning Department. Due to the irreversible & irreparable nature of this violation, Code Enforcement Special Magistrate will set forth ruling. Notices and Orders 03/06/2013 Notice of Violation and Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 3. Case Number 12.09.5568 Owner/Respondent Northlake Property, Inc. 5130 Northlake Blvd. Palm Beach Gardens, FL 33418 Violation Location 5130 Northlake Blvd. Palm Beach Gardens, FL 33418 PCN: 52424223000001070 Legal: 23-42-42, S 387 FT OF N 494.45 FT OF W 180 FT OF E 780 FT OF NE 1/4 (LESS N 30 FT WEST LAKE PARK RD R/W) Code Section Violated 78-276 Permits required, fees, and revocation Correction Requirements 78-276 Apply for a permit for the sign that has been erected without a permit. Notices and Orders 10/08/2012 Notice of Violation 10/24/2012 Notice of Extension 11/06/2012 Notice of Extension 11/09/2012 Notice of Extension 12/28/2012 Notice of Extension 03/05/2013 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 4. Case Number 13.03.5800 Owner/Respondent PGA Commons Tract A East Trust 5100 PGA Blvd. Palm Beach Gardens, FL 33418 Violation Location 4530 PGA Blvd., Ste. 109 Palm Beach Gardens, FL 33418 PCN: 52424211330010020 Legal: PGA COMMONS PL 2 ELY 1006.22 FT OF TR A K/A COMMERCIAL Code Section Violated 78-194 Live Entertainment Permit 78-276 Permits required, fees, and revocation Correction Requirements 78-194 Immediately cease & desist all live entertainment activities onsite. Need to obtain live entertainment permit from City Building Department at 561-799- 4201 with the approval from City Planning & Zoning Department. Due to the irreversible & irreparable nature of this violation, Code Enforcement Special Magistrate will set forth ruling. 78-276 Immediately remove Smoke Inn Cigars Now Open sign from property. For future reference, obtain permit & approval for signage from City Building Department at 561-799-4201. Due to the irreversible & irreparable nature of this violation, Code Enforcement Special Magistrate will set forth ruling. Notices and Orders 03/07/2013 Notice of Hearing and Notice of Violation Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 5. Case Number 13.02.5782 Owner/Respondent W2007 Equity Inns Realty LLC 100 Crescent Ct., Ste. 1000 Dallas, TX 75201 Violation Location 4001 RCA Blvd. Palm Beach Gardens, FL 33410 PCN#: 524242001150000010 Legal: RCA PARK PL, LT 1A (LESS TRGLR PAR RCA BLVD R/W) Code Section Violated 78-328 Pruning Correction Requirements 78-328 Due to the irreversible and irreparable nature of these violations, Code Enforcement Special Magistrate will set forth ruling. Notices and Orders 02/15/2013 Notice of Violation and Notice of Hearing Code Officer Kathryn Stiles C. FINE ASSESSMENT/STATUS HEARINGS (NONE) CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 VI. GENERAL CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) B. VIOLATIONS 1. Case Number 13.02.5797 Owner/Respondent PBG Legends LLC 319 E Shore Dr. Rockwood, TN 37854 Violation Location 4880 Donald Ross Rd., Ste. 110-115 Palm Beach Gardens, FL 33418 PCN: 52424125180010000 Legal: LEGENDS OF THE GARDENS REPL NO 1 TR A K/A ALL OF PLAT Code Section Violated 0-0 Multiple Correction Requirements 0-0 Due to the irreversible & irreparable nature of these violations, Code Enforcement Special Magistrate will set forth ruling. Notices and Orders 03/05/2013 Notice of Violation and Notice of Hearing 03/08/2013 Amended Notice of Violation and Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 2. Case Number 13.02.5785 Owner/Respondent Thomas Albritton II 4332 Holly Dr. Palm Beach Gardens, FL 33410 Violation Location 4332 Holly Dr. Palm Beach Gardens, FL 33410 PCN: 52424212010790100 Legal: CITY OF P B GARDENS NO 6 LOT 10 BLK 79 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping IPMC 303.1 Swimming Pools IPMC 303.2 Pool Enclosures Correction Requirements 79-5 (1) Cut, mow, trim, clean & maintain all landscaping in front, sides, and back of house. (2) Clean fence as to not show any signs of discoloration. (3) Repair or replace broken window panel (possible permits, please contact City Building Department at 561-799-4201 to inquire). (4) Remove peeling paint and repaint exterior walls where needed. (5) Remove trash containers from front of house and put in a screened area on the side or back of property. (6) Remove all trash & debris from property. IPMC 303.1 Clean and maintain swimming pool to keep water clear and sanitary. IPMC 303.2 Repair and maintain fence and gates in good working order as stated in the above code to provide security around swimming pool area. Notices and Orders 02/16/2013 Notice of Violation 03/05/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 3. Case Number 13.03.5798 Owner/Respondent Anne C. & Margaret Torre 4721 Holly Dr. Palm Beach Gardens, FL 33418 Violation Location 4721 Holly Dr. Palm Beach Gardens, FL 33418 PCN#: 52424212040540110 Legal: PGA NATIONAL GOLF CLUB ESTATESPL 2 LT 11 BLK 54 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5 Cut, trim, clean & keep maintained all lawn and landscaping areas. Replace missing soffit vents. Repair damaged/exposed fascia areas. Remove wasp nests and bee infestations from property. Notices and Orders 03/04/2013 Notice of Violation and Notice of Hearing Code Officer Jay Carrasquillo CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 4. 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 houses 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 Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 5. Case Number 13.01.5750 Owner/Respondent Harriet F Fine Trust 3902 Burns Rd., Ste. 18 Palm Beach Gardens, FL 33410 Violation Location 4411 Golfers Cir. W. Palm Beach Gardens, FL 33410 PCN#: 52424212030000140 Legal: Golfers Village LT14 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5 Remove usage of cardboard to screen materials on property. Also remove materials from property or public view thereafter. Notices and Orders 01/16/2013 Notice of Violation 02/20/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 6. Case Number 13.03.5802 Owner/Respondent Lloyd Joseph Turnier 4321 Empress St. Palm Beach Gardens, FL 33410 Violation Location 4321 Empress St. Palm Beach Gardens, FL 33410 PCN#: 52424213060370180 Legal: PALM BEACH SQUARE UNIT 6 LOT 18 BLK 37 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5 Due to the health & safety concerns for the community, please: (1) Remove all trash & debris from the property. (2) Remove excessive outdoor storage of materials from property. Notices and Orders 03/05/2013 Notice of Violation and Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 C. FINE ASSESSMENT/STATUS HEARINGS 1. Case Number 13.01.5758 Owner/Respondent IPROCPALMBEACH LLC 280 Park Ave. New York, NY 10017 Violation Location 4000 RCA Blvd. 1002 Palm Beach Gardens, FL 33410 PCN #: 52424201000005070 Legal: 1/12-42-42, TH PT OF S 1/4 OF SE 1/4 OF SE 1/4 OF SEC 1 & TH PT OF NE 1/4 OF NE 1/4 OF SEC 12 ALL LYG W OF & ADJ TO RCA DRIVE & E OF & ADJ TO SR 9 AS IN OR5396P72 Code Section Violated 0-0 Multiple Correction Requirements 0-0 Due to the irreversible & irreparable nature of these violations, Code Enforcement Special Magistrate will set forth ruling. Notices and Orders 01/31/2013 Notice of Violation and Notice of Hearing 02/07/2013 Order Finding Irreversible or Irreparable Violation and Assessing Fine and Setting Fine Assessment Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 2. Case Number 13.02.5772 Owner/Respondent Ronald & Ann Dawe 3740 Lighthouse Dr. Palm Beach Gardens, FL 33410 Violation Location 3740 Lighthouse Dr. Palm Beach Gardens, FL 33410 PCN#: 52434218040170210 Legal: PL NO 3 CITY OF P B GARDENS LT 21 BLK 17 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5 Cut all high grass and weeds throughout the entire property and clean all landscaping. Pressure-wash the driveway as well as repair the fence. Notices and Orders 02/07/2013 Notice of Violation and Notice of Hearing 02/22/2013 Order Finding Health, Safety, Welfare Violation and Permitting City Abatement Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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 VII. FINE REDUCTIONS A. Case Number 12.02.5243 Owner/Respondent GK LLC 4109 Northlake Blvd. Palm Beach Gardens, FL33410 Violation Location 4109 Northlake Blvd. Palm Beach Gardens, FL33410 PCN #: 52424213000005090 Legal: 13-42-42, ELY 389.94 FT OF N 150 FT OF S 250 FT OF SE 1/4 LYG WLY OF SR 9 R/W IN OR1196P542 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping 078-276 Permits required, fees, and revocation 078-284 Prohibited signs and prohibited sign locations 078-329 Maintenance Correction Requirements 79-5 Repair or replace missing curve section within car wash drive thru area to show state of good repair. 078-276 Apply, receive approval, obtain permit for existing window or wall signage from City Building Department at 561-799-4210 or remove from property. Contact City Planning & Zoning Department at 561-799-4243 for further clarification. 078-284 Remove all prohibited signs per above mentioned code section. For further clarification, please contact City Planning & Zoning Department at 561-799-4243. 078-329 Replace all missing hedges, trees, palms & mulch designated areas per landscaping site plan per City Forester. For details please, contact City Forester, Mark Hendrickson at 561-799-4259. Notices and Orders 03/29/2012 Notice of Violation 05/16/2012 Notice of Extension 08/07/2012 Notice of Hearing 09/21/2012 Order Finding Violation 10/19/2012 Order Assessing Fine 10/30/2012 Notice of Fine Assessment/Status Hearing 11/19/2012 Order Granting Continuance and Setting Fine Assessment/Status Hearing 03/07/2013 Notice of Fine Reduction Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 19, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 3.19.13 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. 16 VIII. STIPULATION AGREEMENTS (NONE) IX. FORCLOSURE AUTHORIZATION HEARING S (NONE) X. ADJOURNMENT Future Hearing Dates:  April 16, 2013 2:00pm  May 21, 2013 2:00pm  June 18, 2013 2:00pm  July 16, 2013 2:00pm