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Home My WebLink AboutAgenda CESM 052113CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, 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 CODE 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 MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, 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 12.08.5548 Owner/Respondent Fask Realty Ltd 354 Hiatt Dr Palm Beach Gardens, FL 33418 Violation Location 354 Hiatt Drive Palm Beach Gardens, FL 33418 PCN#: 52424215380000070 Legal: PGA NATIONAL COMMERCE PARK PL 2 LTS 7 & 8 Code Section Violated 78-344. Construction and maintenance Correction Requirements Restripe parking lot sections where needed for entire property. Notices and Orders 08/28/2012 Notice of Violation (Correct by 09/30/2013) 10/11/2012 Notice of Extension (Correct by 04/14/2013) 04/19/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 3 2. Case Number 12.09.5607 Owner/Respondent Prosperity Shopping Equity One 1696 NE Miami Gardens Dr North Miami Beach, FL 33179 Violation Location 2470 PGA Blvd Palm Beach Gardens, FL 33410 PCN#: 52434205000005030 Legal: 5-42-43, NLY 628.24 FT OF ELY 864.68 FT & SLY 102.27 FT OF NLY 730.69 FT OF WLY 84 FT OF ELY 948.68 FT OF NW 1/4 OF SE 1/4 LYG S OF PGA BLVD & E OF PROSPERITY FARMS RD (LESS N 182.18 FT OF W I95 FT, PROSPERITY GARDENS OFFICE CONDOS & NLY 12.23 FT ADNL PGA BLVD R/W) Code Section Violated 78-329. Maintenance 78-742. Remedies Correction Requirements 78-329. Replace all dead and missing trees, hedges, and foliage required on the landscape plan. 78-742. Comply with all conditions of approval, exhibits, and developmental orders of Resolution 74, 1993. Contact Forestry and Zoning @ (561) 799-4243 to discuss all requirements. Notices and Orders 11/30/2012 Notice of Violation (Correct by 01/02/2013) 09/25/2012 Correction Request (Correct by 10/05/2012) 10/18/2012 Notice of Extension (Correct by 11/09/2012) 04/15/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 4 3. Case Number 13.04.5819 Owner/Respondent Live Oak Land Hood Road LLC 400 Columbia Dr STE 110 West Palm Beach, FL 33409 Violation Location 4065 Hood Road Palm Beach Gardens, FL 33410 PCN#: 52424136120010000 Legal: FRENCHMANS CROSSING PAR A Code Section Violated 78-276. Permits required, fees, and revocation Correction Requirements Remove signs in windows that are not permitted, apply and obtain permit for window signage. Notices and Orders 04/10/2013 Notice of Violation (Correct by 04/24/2013) 04/26/2013 Notice of Hearing Code Officer Kathyrn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 5 4. Case Number 12.12.5729 Owner/Respondent Jan Real Estate Co Ltd 25900 Romany Way Franklin, MI 48025 Violation Location 4521 PGA Blvd 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 78-276. Permits required, fees, and revocation Correction Requirements Logo must either be removed from sign under canopy or obtain a permit for the logo. Notices and Orders 01/03/2013 Correction Request (Correct by 01/18/2013) 01/29/2013 Notice of Extension (Correct by 03/03/2013) 03/05/2013 Notice of Violation (Correct by 03/18/2013) 03/18/2013 Notice of Extension (Correct by 04/15/2013) 04/16/2013 Notice of Hearing Code Officer Kathyrn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 6 C. FINE ASSESSMENT/STATUS HEARINGS 1. Case Number 13.03.5800 Owner/Respondent PGA Commons Tract A East Trust Joel B Channing, Trust Co 5100 PGA Blvd 209 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 & PGA COMMONS PL 3 PB101P134 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 03/21/2013 Notice of Violation 03/21/2013 Notice of Hearing 04/23/2013 Order Finding Violation (Correct by 04/17/13) Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, 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 13.02.5796 Owner/Respondent Steve Nguyen 3768 Daphne Ave Palm Beach Gardens, FL 33410 Violation Location 289 Balsam St Palm Beach Gardens, FL 33410 PCN#: 52434218030070210 Legal: PLAT 1 PALM BEACH GARDENS ESTS LT 21 BLK 7 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 1. Cut, mow, edge, trim, and maintain all landscaping. Cut back all shrubbery as not to block windows, doors, and gates. Correction to be made by 04/22/2013. 2. Remove all peeling paint and repair/replace soffit screens, all rotten or damaged fascia, trim, soffit, siding, and doors, and repaint to show a condition of good repair. A permit may be required for some repairs. Contact the building department at (561) 799-4245. Corrections to be made by 04/22/2013. 3. Remove plywood from back of house and replace sliding door, screen door, and screen sections from enclosure, repair/replace broken windows. A permit may be required for some repairs. Contact the building department at (561) 799-4245. Corrections to be made by 04/22/2013. 4. Repair/replace broken sections of fence and gates to show a state of good repair. Corrections to be made by 04/22/2013. 5. Clean driveway to remove all signs of discoloration. Corrections to be made by 04/22/2013. Notices and Orders 02/28/2013 Correction Request (Correct by 03/25/2013) 04/09/2013 Notice of Violation 04/23/2013 Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 8 2. Case Number 13.02.5777 Owner/Respondent Debra J Guerra 4248 Royal Oak Dr Palm Beach Gardens, FL 33410 Violation Location 4248 Royal Oak Dr Palm Beach Gardens, FL 33410 PCN#: 52424224090001210 Legal: GARDEN OAKS SOUTH LT 121 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements Cut or trim dead hanging palm fronds on trees located in backyard area. Notices and Orders 03/05/2013 Notice of Violation (Correct by 03/31/2013) 04/02/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 9 3. Case Number 12.11.5715 Owner/Respondent Clifford Gross 6768 Moonlit Dr Delray Beach, FL 33446 Violation Location 9491 Birmingham Dr Palm Beach Gardens, FL 33410 PCN#: 52424213020060180 Legal: UNIT 2 PALM BEACH SQUARE LT 18 BLK 6 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements Clean and repaint exterior walls where needed to show no evidence of peeling, staining, or discoloration. Notices and Orders 11/29/2012 Correction Request (Correct by 12/19/2012) 12/20/2012 Notice of Extension (Correct by 02/03/2013) 02/05/2013 Notice of Violation (Correct by 03/10/2013) 03/12/2013 Notice of Extension (Correct by 03/31/2013) 04/02/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 10 4. Case Number 13.02.5775 Owner/Respondent James F Leasure EST 8802 Mary Circle Palm Beach Gardens, FL 33410 Violation Location 8802 S Mary Circle Palm Beach Gardens, FL 33410 PCN#: 52424224030000150 Legal: NICHOLAS PARK UNREC LOT 15 (LESS W 10 FT RD R/W) Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 1. Cut, mow, trim, clean, and keep maintained all lawn/landscaping areas (including backyard & all hedges/bushes) by 04/21/2013. 2.Trim overhanging plant growth in roadway by 04/21/2013. 3. Remove all trash and debris from property by 04/21/2013. 4. Repair or replace broken fence panels where needed by 04/21/2013. 5. Repair or replace mailbox post and repaint to show state of good condition by 04/21/2013. 6. Replace or repair awnings where needed by 04/21/2013. 7. Repaint siding exterior walls and fascia boards where needed to show no evidence of disrepair by 04/21/2013. 8. Remove all trash and debris from property by 04/21/2013. Notices and Orders 03/05/2013 Notice of Violation (Correct by 03/26/2013) 03/28/2013 Notice of Extension (Correct by 04/21/2013) 04/23/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 11 5. Case Number 13.04.5835 Owner/Respondent Harold C & Merna Kaplan 4090 Lakespur Cir S Palm Beach Gardens, FL 33410 Violation Location 4090 Lakespur Cir S Palm Beach Gardens, FL 33410 PCN#: 52424212010630060 Legal: CITY OF P B GARDENS NO 6 LOT 6 BLK 63 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 1. Cut and maintain overgrowth in both front and backyard. 2. Replace missing screens where need be. 3. Clean and maintain pool. Notices and Orders 04/30/2013 Notice of Violation (Correct by 05/15/2013) 04/30/2013 Notice of Hearing (Correct by 05/15/2013) Code Officer Jay Carrasquillo CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 12 6. Case Number 13.02.5779 Owner/Respondent Housevilla LLC 4200 N Ocean Dr # 1/703 Riviera Beach, FL 33404 Violation Location 29 Thurston Dr Palm Beach Gardens, FL 33418 PCN#: 52424210010000110 Legal: PGA RESORT COMMUNITY PL 1 LT 11 Code Section Violated 66-46. Engaging in business without business tax receipts or upon false statements 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 66-46. Obtain business tax receipt for Housevilla LLC or cease operations. For details, please contact Kenthia White at (561) 799-4216. 79-5. 1. Cut, mow, trim all landscape areas, including side and back yards. 2. Remove/replace dead trees in front yard. 3. Remove all trash and debris from property. 4. Clean roof and repaint if needed to show no evidence of staining or discoloration. 5. Clean driveway where needed to show no evidence of staining or discoloration, mainly driveway entrance. 6. Cease and desist parking on unapproved surface (mulch). Remove vehicle from unapproved surface (mulch) or from property to store on an approved parking surface as mentioned in the above code section. Notices and Orders 02/11/2013 Notice of Violation 04/23/2013 Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, 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 12.11.5716 Owner/Respondent Scot & Karen Fauske 2604 Vision Dr # D Palm Beach Gardens, FL 33418 Violation Location 2604 Vision Dr Palm Beach Gardens, FL 33418 PCN #: 52424212100260040 Legal: VISION ONE BLDG 26 UNIT D TWNHS Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 1. Clean all soiled roofing shingles. 2. Replace all missing shingles. Notices and Orders 11/29/2012 Notice of Violation (Correct by 12/29/2012) 03/20/2013 Notice of Hearing 04/23/2013 Findings of Fact – Order Issued (Correct by 05/17/2013) Code Officer Jay Carrasquillo CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 14 2. Case Number 13.03.5813 Owner/Respondent Chase Home Finance LLC (New owner Amir Kanel) 3415 Vision Drive Ste G7 Columbus, OH 43219 Violation Location 5914 Whirlaway Rd Palm Beach Gardens, Florida 33418 PCN: 52424223040010130 Legal: HORSESHOE ACRES WEST REPL LT 13 BLK 1 Code Section Violated 0-0 Multiple Correction Requirements Obtain all required permits from the Palm Beach Gardens Building Department due to the irreparable/irreversible nature of these violations, Code Enforcement Special Magistrate will set forth ruling. Notices and Orders 03/26/2013 Notice of Violation/Notice of Hearing 04/23/2013 Order Finding Irreversible and Irreparable Violation Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MAY 21, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 5.21.13 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 p roceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 15 VII. FINE REDUCTIONS (NONE) VIII. STIPULATION AGREEMENTS A. Case Number 13.04.5816 Owner Respondent Palm Beach Florida Hotel & Office 14185 Dallas Pkwy STE 1150 Dallas, TX 75254 Violation Location 4350 PGA Blvd Palm Beach Gardens, FL 33410 PCN#: 52424201200000080 Legal: PALM BEACH HOTEL AND OFFICE CONDOMINIUM HOTEL UNIT Code Section Violated: 78-742. Remedies 78-329. Maintenance Correction Requirements: Per Stipulation Agreement 05/02/2013 Notice of Violation (Corrected by 06/30/2013) 05/02/2013 Stipulation Code Officer Kathryn Stiles IX. FORECLOSURE AUTHORIZATION HEARINGS (NONE) X. ADJOURNMENT Future Hearing Dates:  June No Hearing  July 16, 2013 2:00pm  August 20, 2013 2:00pm  September 17, 2013 2:00pm  October 15, 2013 2:00pm