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Home My WebLink AboutAgenda CESM 081815CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 1 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. Special Magistrate: Kevin Wagner Code Enforcement Attorney: Abigail Jorandby Unified Services Director: Ansley Marr Code Supervisor: Mohammad Jamal Recording Secretary: Terri Swink Code Officers: Kathryn Stiles Robert Creston Ismael Vasquez Adam Osowsky Mary Zarek 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 C. FINE ASSESSMENT/STATUS HEARINGS (NONE) V. CODE ENFORCEMENT CASES A. REPEAT VIOLATIONS (NONE) B. VIOLATIONS C. FINE ASSESSMENTS/HEARINGS VI. FINE REDUCTIONS VII. STIPULATION AGREEMENTS (NONE) VIII. FORECLOSURE AUTHORIZATION HEARINGS (NONE) IX. ADJOURNMENT CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 2 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. IV. B. VIOLATIONS 1 . Case Number 15.07.7560 Owner/Respondent DEVONSHIRE AT PGA NATIONAL LLC 9901 RYDER CUP BLVD PALM BEACH GARDENS, FL 33418 Violation Location 100 DEVONSHIRE WAY PALM BEACH GARDENS, FL 33418 PCN#52424216170010000 LEGAL: DEVONSHIRE REPL PAR A Code Section Violated 38-91: Approval required for construction plan, fire suppression and detection. NFPA 101:11.9.5.1.2(2012 Ed) Fuel-fired heaters and their installation shall be approved by the authority having jurisdiction. NFPA 1:10.8.1(2012 Ed) Persons shall not render any portable or fixed fire extinguishing system or device or any fire-warning system or device inoperative or inaccessible. NFPA 25:15.2.1.The property owner or designated representative shall assign an impairment coordinator to comply with the requirements of this chapter. NFPA 25: 15.5* Preplanned Impairment Programs. NFPA 25: 15.5.1.All preplanned impairments shall be authorized by the impairment coordinator. NFPA 25: 15.5.2. Before authorization is given, the impairment coordinator shall be responsible for verifying that the following procedures have been implemented: (1) The extent and expected duration of the impairment have been determined. (2)The areas or buildings involved have been inspected and the increased risks determined. (3)Recommendations have been submitted to management or the property owner or designated representative. (4)Where a required fire protection system is out of service for more than 10 hours in a 24-hour period, the impairment coordinator shall arrange for one of the following: (a)Evacuation of the building or portion of the building affected by the system out of service (b)*An approved fire watch CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 3 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)The fire department has been notified. (6)The insurance carrier, the alarm company, property owner or designated representative, and other authorities having jurisdiction have been notified. NFPA 58: 6.19.3 Installation Requirements for Cylinders, Equipment, Piping, and Appliances in Buildings, Building Roofs, and Exterior Balconies. NFPA 58: 6.19.3.1 Cylinders having water capacities greater than 2.7 lb (1.2 kg) and connected for use shall stand on a firm and substantially level surface. If necessary, they shall be secured in an upright position. NFPA 58: 6.19.8.1 Cylinders shall not be used in buildings for temporary emergency heating purposes except when all of the following conditions are met: (4) The temporary heating equipment is not left unattended. Correction Requirements 38-91: Receive permission by the PBG, AHJ, prior conducting any type of heating procedure that may affect Life Safety issues. Do not block or prevent the activation of installed fire sprinklers. Ensure there is someone assigned to ensure the proper level of Life Safety is maintained. Notices and Orders 08/03/2015 Notice of Violation Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 4 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. V. B. VIOLATIONS . 1 . Case Number 15.08.7596 Owner/Respondent MCPHAIL ASSOC PO BOX 3369 DULUTH, GA 30096 Violation Location 3167 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33403 PCN#52434218160000020 LEGAL: NORTHLAKE SQUARE PL ALL OF PLAT (LESS WLY 247.74 FT & TR NL RD R/W) A/K/A PARS II & III Code Section Violated 78-187: Special events. Correction Requirements 78-187: Approved permit required prior to special event. Notices and Orders 08/12/2015 Notice of Violation Notice of Hearing Code Officer Mary Zarek CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 5 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. Case Number 15.04.7246 Owner/Respondent CVS PHARMACY, INC./CVS 3269 FL LLC C/O LARRY MERLO, CEO & DAVID M. DENTON, CFO ONE CVS DRIVE WOONSOCKET, RI 02895 Violation Location 4441 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 PCN#52424213000005022 LEGAL: 13-42-42, N 150 FT OF S 200 FTOF E 75 FT OF W 350 FT OF SE 1/4 Code Section Violated 79-5: Maintenance and appearance standards for all structures and landscaping 62-3: General maintenance requirements. Correction Requirements 79-5: Cut, mow, trim, clean and keep maintained all lawns/landscaping areas (including side and backyard sections) remove trash/rubbish. 62-3: Clean all sidewalks & curbs show no staining or discoloration. Notices and Orders 04/10/2015 Notice of Violation 07/29/2015 Notice of Hearing Code Officer Kathryn Stiles CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 6 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 . Case Number 15.07.7458 Owner/Respondent GASTION INC 2200 S DIXIE HWY STE 601 MIAMI FL 33133 2300 Violation Location 4481 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 PCN#52424213000005030 LEGAL: 13-42-42, N 150FT OF S 200 FT OF E 150 FT OF W 200 FT OS SE1/4/ (LESS W 3FT & TRGLR SHAPED PARCEL IN SW CORNER FOR RD R/W IN OR 2257P1098 Code Section Violated 79-5: Maintenance and appearance standards for all structures and landscaping 62-3: General maintenance requirements. Correction Requirements 79-5: Remove all trash/debris from entire property off Northlake Blvd & Military Trail. Cut, mow, trim, clean& keep maintained all lawn/landscaping areas off Northlake Blvd & N Military Trail. Trim cut & maintain all tree branches/hedging overhanging sidewalks off Northlake Blvd. & Military Trail. Restore/replace missing or dead grass areas where needed (mainly in swale area) Repair/replace screening on chain fence where needed to show state of good repair (areas missing or need to be reattached to fence properly to screen property). 62-3: Clean sidewalks and curbs to show no staining or discoloration. Notices and Orders 07/22/2015 Notice of Violation 07/27/2015 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 7 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. Case Number 15.06.7335 Owner/Respondent PATRICIA E DALY 9106 BAMBO DRIVE PALM BEACH GARDENS, FL 33410 Violation Location 9106 BAMBOO DRIVE PALM BEACH GARDENS, FL 33410 PCN#52424213040460090 LEGAL: UNIT NO 4 PALM BEACH SUARE LT 9 BLK 46 Code Section Violated 79-5: Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5: Cut, mow, trim, clean & keep maintained all lawn/landscaping areas and plant growth overhanging on sidewalks Clean sidewalks where needed to show no evidence of staining or discoloration. Clean or repaint exterior walls where needed to show no evidence of staining or discoloration. Repair or replace torn soffit vents where needed to show state of good repair. Notices and Orders 07/07/2015 Notice of Violation 07/28/2015 Notice of Hearing Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 8 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. VI. C. FINE REDUCTIONS 1. Case Number 15.04.7238 Owner/Respondent CAPITAL FUNDING INVESTOR INC 6801 LAKE WORTH ROAD ST 111 LAKE WORTH FL 33467 Violation Location 4427 S MARY CIRCLE PALM BEACH GARDENS FL 33410 PCN#52424224030000290 LEGAL: NICHOLAS PARK UNREC LOT 29 (LESS S 10 FT) Code Section Violated 79-5: Maintenance and appearance standards for all structures and landscaping Correction Requirements 79-5: Mow/maintain the entire property. Notices and Orders 04/06/2015 Notice of Repeat Violation and Notice of Hearing 04/09/2015 Order Finding Health, Safety, Welfare Violation and Assessing Fine Code Officer Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING COUNCIL CHAMBERS AUGUST 18, 2015 2:30 PM 9 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. VIII. STIPULATION AGREEMENTS (NONE) IX. FORECLOSURE AUTHORIZATION HEARINGS (NONE) X. ADJOURNMENT FUTURE DATES AUGUST 18 2015 @ 2:30pm SEPTEMBER TBD OCTOBER 29 2015@ 9:00am NOVEMBER TBD