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Home My WebLink AboutAgenda CESM 092413CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 Acting Unified Services Director: Todd Engle Code Supervisor: Mohammad Jamal Recording Secretary: Jennifer Glass Mikulski Code Officers: Robert Creston Rose Futch Mark Mulligan Charles Scott 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) CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 B. VIOLATIONS 1. Case Number 13.09.6013 Owner/Respondent Gan Palm Beach Lessor Corp 1 Penn Plz 4015 New York, NY 10019 Violation Location 100 Gander Way Palm Beach Gardens, FL 33403 PCN#: 52434219220000000 Legal: Gander Mountain at Sandtree All of Plat Code Section Violated 78-187. Special Events Correction Requirements Due to the irreversible & irreparable nature of the violation for Special Event held without permit on September 13th, 14th & 15th, 2013, Code Enforcement Special Magistrate will set forth ruling. Maximum fine up to $5,000 may be imposed. Notices and Orders 09/16/2013 Notice of Violation 09/16/2013 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 13.08.5959 Owner/Respondent Burns Road East Assoc Ltd South 3300 PGA Blvd 350 Palm Beach Gardens, FL 33410 Violation Location 4801 E Park Dr Palm Beach Gardens, FL 33410 PCN#: 52424212180000130 Legal: South Park Center Lt 13 Code Section Violated 78-290. Temporary signs allowed Correction Requirements Obtain the needed permits for all signage on the property. Correct or remove all signage from property on or before 12 noon, Tuesday, August 27th, 2013. Notices and Orders 08/23/2013 Notice of Violation 08/29/2013 Notice of Hearing Code Officer Mark Mulligan C. FINE ASSESSMENT/STATUS HEARINGS (NONE) CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 VI. GENERAL CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS 1. Case Number 13.08.5961 Owner/Respondent John L. & Lorraine Maestri 4078 Ilex Ct Palm Beach Gardens, FL 33410 Violation Location 4078 Ilex Ct Palm Beach Gardens, FL 33410 PCN#: 52424212010670140 Legal: CITY OF PB GARDENS NO 6 LT 14 BLK 67 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. Date of violation first observed on August 22, 2013. Notices and Orders 08/28/2013 Notice of Violation 08/28/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 B. VIOLATIONS 1. Case Number 13.07.5913 Owner/Respondent Eleni Merxhani 384 Garden Blvd Palm Beach Gardens, FL 33410 Violation Location 384 Garden Blvd Palm Beach Gardens, FL 33410 PCN#: 52434218030100180 Legal: PL 1 Palm Beach Garden Ests Lt 18 Blk 10 Code Section Violated 79-5 Maintenance and appearance standards for all structures and landscaping Correction Requirements 1.) All landscaping (grass, trees & shrubbery) needs to be cut, trimmed and maintained by July 17, 2013. 2.) Paint mailbox and repair door, clean driveway & roof by July 24, 2013. Notices and Orders 07/10/2013 Correction Request 08/08/2013 Notice of Violation 09/13/2013 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 2. Case Number 13.08.5945 Owner/Respondent Florence June Heher Est 4317 Applecrest Dr Palm Beach Gardens, FL 33410 Violation Location 4317 Applecrest Dr PCN#: 52424213050410210 Legal: Unit No 5 Palm Beach Square Lt 21 Blk 41 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements 1.) Cut, mow, trim, clean & keep maintained all lawn/landscaping areas (including front, side & back yards, also trimming bushes & hedges in front, side & back yards) by August 26, 2013. 2.) Remove graffiti located on shed in backyard, on wood fence in backyard & on house exterior back walls & window. Clean & repaint mentioned areas to show no evidence of graffiti, staining or discoloration by August 26, 2013. 3.) Clean driveway sections to show no evidence of staining or discoloration by September 12, 2013. Notices and Orders 08/12/2013 Notice of Violation 09/13/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 3. Case Number 13.08.5946 Owner/Respondent Rita Button 4443 Applecrest Dr Palm Beach Gardens, FL 33410 Violation Location 4443 Applecrest Dr Palm Beach Gardens, FL 33410 PCN # 52424213050410110 Legal: Unit No 5 Palm Beach Square Lt 11 Blk 41 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 (including front, side, back yards & trimming bushes/hedges in front & side yards). Also remove all trash/debris from property. Notices and Orders 08/12/2013 Notice of Violation 09/03/2013 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 4. Case Number 13.08.5951 Owner/Respondent Yasmine Clarke 103 Dalena Way Palm Beach Gardens, Fl 33418 Violation Location 103 Dalena Way Palm Beach Gardens, FL 33418 PCN#: 52424203140000020 Legal: Mirasol Par 21 LT 2 Code Section Violated IPMC 303.1 Swimming pools IPMC 303.2 Pool Enclosures Correction Requirements Clean and maintain pool to a sanitary condition. Repair/replace gate area to meet the self-closing and latching requirements as stated for pool enclosures. Notices and Orders 08/22/2013 Notice of Violation 09/06/2013 Notice of Hearing Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 5. Case Number 13.08.5969 Owner/Respondent Federal National Mortg Assoc P.O. Box 650043 Dallas, TX 75265 Violation Location 421 Lighthouse Dr Palm Beach Gardens, FL 33410 PCN#: 52434218030110010 Legal: PL1 Palm Beach Garden Ests Lt 1 Blk 11 Code Section Violated 79-5. Maintenance and appearance standards for all structures and landscaping Correction Requirements Replace all rotting wood on house, paint all peeling paint, repair fence that is leaning, clean fence, clean up and trim landscaping. Notices and Orders 08/28/2012 Notice of Violation 09/12/2013 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 B. FINE ASSESSMENT/STATUS HEARINGS 1. Case Number 13.06.5895 Owner/Respondent Fredrick C. and Adriana Lavernia 4085 Rodgers St Palm Beach Gardens, FL 33410 Violation Location 4085 Rodgers St Palm Beach Gardens, FL 33410 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 Correction Requirements 1.) Cut/trim & keep maintained tree rear to the front door. 2.) Repair/replace mailbox post & faded address numbers. 3.) Repair/replace wood fence sections where needed to show state of good repair. 4.) Repair/replace screens & screen doors on screen enclosure to show state of good repair. Notices and Orders 06/25/2013 Notice of Violation 07/01/2013 Notice of Extension 08/01/2013 Notice of Hearing 08/23/2013 Findings of Fact-Order Issued Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 2. 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 SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 VII. FINE REDUCTIONS 1. Case Number 13.07.5920 Owner/Respondent Murry & Suzanne Cohen 4140 Battersea Rd Miami, FL 33133 Violation Location 9056 N Military Trail E Palm Beach Gardens, FL 33410 PCN: 52424213000005020 Legal: 13-42-42, N 150 FT of S 350 FT of E 300 FT of W 350 FT of SE ¼ (LESS W 3 FT RD R/W) Code Section Violated 6-2 Hours of Sale Correction Requirements Due to the irreversible & irreparable nature of the violation noticed at 4:30 am on July 13, 2013, the Code Enforcement Special Magistrate will set forth ruling. Maximum fine up to $5,000 may be imposed. Notices and Orders 07/18/2013 Notice of Violation/Notice of Hearing 08/23/2013 Order Finding Irreversible and Irreparable Violation and Assessing Fine Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 2. Case Number 13.07.5921 Owner/Respondent Riverside Associates PO Box 3917 West Palm Beach, FL 33402 Violation Location 10190 Riverside Dr, Ste.101 Palm Beach Gardens, FL 33410 PCN: 52434207000007300 Legal: 7-42-43,Parcel in SW ¼ lyg S of Pearl St bet Riverside Dr. & Ironwood Rd as in OR1730P1547 Code Section Violated FBC 105.1 Permits required Correction Requirements Due to the irreversible & irreparable nature of the violation noticed on July 17, 2013, the Code Enforcement Special Magistrate will set forth ruling. Maximum fine up to $5,000 may be imposed. Notices and Orders 07/18/2013 Notice of Violation/Notice of Hearing 08/23/2013 Order Finding Irreversible and Irreparable Violation and Assessing Fine Code Officer Mark Mulligan CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING SEPTEMBER 24, 2013 COUNCIL CHAMBERS 2:00 PM Special Magistrate 09.24.13 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 VIII. STIPULATION AGREEMENTS (NONE) IX. FORECLOSURE AUTHORIZATION HEARINGS (NONE) X. ADJOURNMENT Future Hearing Dates:  October 15, 2013 2:00pm  November 19, 2013 2:00pm  December 10, 2013 2:00pm