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HomeMy WebLinkAboutMinutes CESM 012616Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.09.7702 CITY OF PALM BEACH GARDENS, FLORIDA, Petitioner, VS. KEVIN EASTON, Respondent. ORDER ASSESSING FINE RE: Violation of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 8342 Sunset Drive Palm Beach Gardens, Florida 33410 Modified Legal Description: 24-42-42, S 128 FT OF E''/2 OF W'/2 9F E'/4 OF NE 'A (LESS W 15 FT & SLY 87.44 FT OF ELY 49.96 FT OF WLY 61.96 FT SUNSET DR R/WS) PCN: 52-42-42-24-00-000-1370 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26' day of January, 2016, and based on the evidence and testimony presented, entered an Order Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, KEVIN EASTON, was present at the hearing and was represented by attorney Eunice Baros, Esq., at the hearing and there was a finding of proper notice of the violation and of the hearing. Ms. Baros filed a Motion to Stay or Continue Code Enforcement Hearing which was admitted into evidence as Respondent's Exhibit 1. The Respondent's request to Stay or Continue the Code Enforcement Hearing was denied. 2. Code Enforcement Officer Ismael Vasquez testified and produced evidence that the violations of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens remain on the property. City's Composite Exhibits 1 and 2 were admitted into evidence without objection. 3. Based upon the evidence and testimony presented, the Special Magistrate found that the property remains in violation of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. Page 1 of 2 CE 15.09.7702 CONCLUSIONS OF LAW Based on the above -stated facts, Respondent remains in violation of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. It is the Order of the Special Magistrate that Respondent shall immediately comply with Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. A Fine in the amount of One Hundred and Fifty Dollars ($150.00) per day is hereby assessed for the violations that continue to exist on the property, commencing on November 29, 2015, and continuing to accrue on a daily basis until compliance is achieved. The Respondent is further assessed Eighty -Nine Dollars and Thirty -One Cents ($89.31) for the administrative costs incurred in prosecuting the January 26th, 2016 Fine Assessment Hearing. Should Respondent violate the same Section of the Code again, Respondent may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Pahn Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Department at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this day of January, 2016. Filed with City Clerk Date: of Bys F-QYL Patricia aider, CMC, City Clerk CITY OF PALM 9fi4CH GARDENS / CODE CO CE BY: EVIN W SPECIAL STRATE Page 2 of 2 CE 15.09.7702 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 Case No. 15.11.7796 CITY OF PALM BEACH GARDENS, FLORIDA, Petitioner, VS. HILLTOP RESIDENTIAL LTD, Respondent. ORDER FINDING VIOLATION RE: Violation of Section 79-5 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 3090 Lychee Street Palm Beach Gardens, Florida 33403 Legal Description: 18-42-43, TH PT OF S 3/40F SE 1/4 LYG E OF & ADJ TO C-17 CNL (LESS N 518.69 FT OF E 663.32 FT, S 147.58 FT OF N 666.27 FT OF E 515.74 FT, S 467 FT OF E 100 FT & S 453 FT OF W 973.35 FT) PCN: 52-43-42-18-00-000-5120 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26th day of January, 2016, and based on the evidence and testimony presented, entered an Order Finding Violation. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, HILLTOP RESIDENTIAL LTD, was represented by Phillip Darling at the hearing and there was a finding of proper notice of the violation and of the hearing. 2. As of the hearing on January 26th, 2016, based on the testimony presented by the Code Enforcement Officer Ismael Vasquez, the property was in compliance with Section 79-5, but had not achieved compliance within the time specified in the Notice of Violation. Page 1 of 2 CE 15.11.7796 CONCLUSIONS OF LAW The above -stated facts constitute a violation of Section 79-5 of the Code of Ordinances of the City of Palm Beach Gardens. 1'1 ' It is the Order of the Code Compliance Special Magistrate that Respondent, HILLTOP RESIDENTIAL LTD, shall continue to comply with Section 79-5. The Respondent is further assessed One Hundred and Forty Dollars and Seventeen Cents ($140.17) for the administrative costs incurred in prosecuting the January 26th, 2016 Hearing. Should the Respondent violate the same Section of the Code again, the Respondent may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation, and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. . Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Division at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this day of January, 2016. CITY OF PALM BEACH CODE COMPLI$Ade� WAZ, SPECIAL MAGISTRATE lF'iied_yvitb City Clerk Date: -.IIAI U16 By:__ Y atrici Snider, CMC, City Clerk Page 2 of 2 CE 15.11.7796 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.09.7711 CITY OF PALM BEACH GARDENS, FLORIDA, Petitioner, VS. KEVIN EASTON, Respondent. ORDER ASSESSING FINE RE: Violation of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 8344 Sunset Drive Palm Beach Gardens, Florida 33410 Legal Description: 24-42-42, N 80 FT OF S 210 FT OF E 1/2 OF W %2 OF E'/4 OF NE 1/4 PCN: 52-42-42-24-00-000-1374 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26' day of January, 2016, and based on the evidence and testimony presented, entered an Order Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, KEVIN EASTON, was present at the hearing and was represented by attorney Eunice Baros, Esq., at the hearing and there was a finding of proper notice of the violation and of the hearing. Ms. Baros filed a Motion to Stay or Continue Code Enforcement Hearing which was admitted into evidence as Respondent's Exhibit 1. The Respondent's request to Stay or Continue the Code Enforcement Hearing was denied. 2. Code Enforcement Officer Ismael Vasquez testified and produced evidence that the violations of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens remain on the property. City's Composite Exhibits 1 and 2 were admitted into evidence without objection. 3. The Special Magistrate took judicial notice of the Respondent's presented defense of double jeopardy but determines that this a civil code enforcement proceeding and that the defense of double jeopardy does not apply. Page 1 of 2 CE 15.09.7711 4. Based upon the evidence and testimony presented, the Special Magistrate found that the property remains in violation of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. CONCLUSIONS OF LAW Based on the above -stated facts, Respondent remains in violation of Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. It is the Order of the Special Magistrate that Respondent shall immediately comply with Section 78-141 of the Code of Ordinances of the City of Palm Beach Gardens. A Fine in the amount of One Hundred and Fifty Dollars ($150.00) per day is hereby assessed for the violations that continue to exist on the property, commencing on November 29, 2015, and continuing to accrue on a daily basis until compliance is achieved. The Respondent is further assessed Ninety Dollars and Two Cents ($89.31) for the administrative costs incurred in prosecuting the January 26t`, 2016 Fine Assessment Hearing. Should Respondent violate the same Section of the Code again, Respondent may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Department at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this ddy of January, 2016. CIT COI UN Filed with ity Clerk Date: I;y: Ips Patricia hider, CMC, City Clerk Page 2 of 2 CE 15.09.7711 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.09.7688 CITY OF PALM BEACH GARDENS, Petitioner, VS. TRAVIS TENNANT, Respondent. ORDER FINDING VIOLATION RE: Violation of Section 79-5 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 3913 Carnation Circle N Palm Beach Gardens, Florida 33410 Legal Description: PL NO 3 CITY OF P B GARDENS LT 5 BLK 25 PCN: 52-43-42-18-04-025-0050 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26h day of January, 2016, and based on the evidence and testimony presented, entered an Order Finding Violation. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, TRAVIS TENNANT, was present at the hearing and there was a finding of proper notice of the violation and of the hearing. 2. Code Enforcement Officer Ismael Vasquez provided evidence and testimony of the violation as contained in the evidentiary case file which was accepted into evidence. CONCLUSIONS OF LAW The above -stated facts constitute a violation of Section 79-5 of the Code of Ordinances of Page 1 of 2 CE 15.09.7688 the City of Palm Beach Gardens. It is the Order of the Code Compliance Special Magistrate that Respondent, TRAVIS TENNANT, shall comply with Section 79-5 on or before 4:OOpm on the 22,d day of February, 2016. If Respondent does not comply within the time specified, a Fine of Fifty Dollars ($50.00) per day shall be assessed for each day the violation continues to exist. The Respondent is further assessed Ninety -Six Dollars and Fifty -One Cents ($96.51) for the administrative costs incurred in prosecuting the January 26th, 2016 Hearing. If Respondent does not comply within the time specified, a Fine Assessment Hearing will be held before the Special Magistrate on the 2311 day of February, 2016 at 2:00 p.m., at the Palm Beach Gardens City Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Should Respondent violate the same Section of the Code again, Respondent may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation, and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Division at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this 2 l day of January, 2016. CITY OF PALM CODE COMPL- i OIN AGNER, SPEtal, MAGISTRA Filed Y47ith City Clerk Date: By: �vL Patriciaider, CMC, City Clerk Page 2 of 2 CE 15.09.7688 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.11.7801 CITY OF PALM BEACH GARDENS, FLORIDA, Petitioner, VS. LANA and AMANDA WATTERS, Respondents. ORDER FINDING HEALTH, SAFETY, WELFARE VIOLATION AND ASSESSING FINE RE: Violation of Section 79-5 of the Ordinances of the City of Palm Beach Gardens. Address: 816 Sandtree Drive Palm Beach Gardens, Florida 33403 Legal Description: SANDTREE NLY PT OF LT 60 AS IN OR5128 P1284 PCN: 52-43-42-19-03-000-0601 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26th day of January, 2016, and based on the evidence and testimony presented, entered an Order Finding Health, Safety, Welfare Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: t FINDINGS OF FACT 1. The Respondents, LANA and AMANDA WATTERS, were not present at the hearing; however, there was a finding of proper notice of the violation and of the hearing. 2. By previous order of the Special Magistrate, the Special Magistrate ordered that Respondents were in violation of Section 79-5 and permitted City abatement actions regarding such violation. 3. Based upon the evidence, pictures and testimony presented at the hearing on January 26th, 2016, the Special Magistrate found that the City had abated the nuisance condition Page 1 of 2 CE 15.11.7801 and that the property was now in compliance with Section 79-5. CONCLUSIONS OF LAW The above -stated facts allow a fine to be assessed against the property based upon the violation of Section 79-5 of the Code of Ordinances of the City of Palm Beach Gardens and the City's actions and costs to abate this violation. It is the Order of the Special Magistrate that a Fine of Eight Hundred and Sixty Dollars ($860.00) be assessed against the property in order to recover the costs of abatement actions taken by the City of Palm Beach Gardens. The Respondents are further assessed Eighty -Nine Dollars and Seventy -Six Cents ($89.76) for the administrative costs incurred in prosecuting the November 30, 2015 Hearing and One Hundred and Sixty -Eight Dollars and Eighty -One Cents ($168.81) for the administrative costs incurred in prosecuting the January 26th, 2016 hearing. Should Respondents violate the same Section of the Code again, Respondents may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation, and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Upon complying in any code compliance matter, it is always the responsibility of the Respondents to contact the Code Compliance Department at (561) 799-4245 to request a reinspection of the property. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. DONE AND ORDERED this 21 day of January, 2016. CITY OF P CODE Cil' BY: AGNER, SPMAL MAGISTRATE Filed with Citv Clerk Date: _-Z By._ Patricia nider, CMC, City Clerk Page 2 of 2 CE 15.11.7801 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.09.7681 CITY OF PALM BEACH GARDENS, FLORIDA, Petitioner, Vs. MICHAEL R MCKAY, Respondent. ORDER ASSESSING FINE RE: Violation of Section 78-275 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 8602 Sunset Drive Palm Beach Gardens, Florida 33410 Legal Description: 24-42-42. N 75 FT OF S 605.21 FT OF E'/2 OF W 1/20F E 1/4 OF NE 1/4 (LESS W 15 FT RD R/W) PCN: 52-42-42-24-00-000-1251 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 261 day of January, 2016, and based on the evidence and testimony presented, entered an Order Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, MICHAEL R MCKAY, was not present at the hearing; however, there was a finding of proper notice of the violation and of the hearing. 2. Code Enforcement Officer Ismael Vasquez testified and produced evidence that the violations of Section 78-275 of the Code of Ordinances of the City of Palm Beach Gardens remain on the property. 3. Based upon the evidence and testimony presented, the Special Magistrate found that the property remains in violation of Section 78-275 of the Code of Ordinances of the City of Palm Beach Gardens. Page 1 of 2 CE 15.09.7681 CONCLUSIONS OF LAW Based on the above -stated facts, Respondent remains in violation of Section 78-275 of the Code of Ordinances of the City of Palm Beach Gardens. ORDER It is the Order of the Special Magistrate that Respondent shall immediately comply with Section 78-275 of the Code of Ordinances of the City of Pahn Beach Gardens. A Fine in the amount of Twenty -Five Dollars ($25.00) per day is hereby assessed for the violations that continue to exist on the property, commencing on December 14, 2015, and continuing to accrue on a daily basis until compliance is achieved. The Respondent is further assessed One Hundred Dollars and Forty Cents ($100.40) for the unpaid administrative costs incurred in prosecuting the November 30, 2015 Violation Hearing, as well as Eighty -Nine Dollars and Nineteen Cents ($89.19) for the administrative costs incurred in prosecuting the January 261, 2016 Fine Assessment Hearing. Should Respondent violate the same Section of the Code again, Respondent may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Department at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this 2cl day of January, 2016. CITY OF PALM CODE COMA BY/ IN W R, SPECIAL l Fstrd with City Clerk Date:_ By: �p1C Patrieia wider, CMC, City Clerk Page 2 of 2 CE15.09.7681 Record and Return to: Code Compliance Division 10500 North Military Trail Pahn Beach Gardens, FL 33410 Case No. 15.12.7846 CITY OF PALM BEACH GARDENS, Petitioner, VS. MARCO ESPINOZA, Respondent. ORDER FINDING IRREPARABLE/IRREVERSIBLE VIOLATION AND ASSESSING FINE RE: Violation of Section 78-393 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 5024 Thyme Drive Palm Beach Gardens, Florida 33418 Legal Description: CINNAMON PL 2 LT 214 PCN: 52-42-42-02-02-000-2140 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26th day of January, 2016, and based on the evidence and testimony presented, entered an Order Finding Irreversible/Irreparable Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, MARCO ESPINOZA, was present at the hearing as well as Douglas Carmack, Jr., and there was a finding of proper notice of the violation and of the hearing. 2. Code Enforcement Officer Kathryn Stiles provided evidence and testimony of the violation and that the subject violation was irreversible and irreparable. Development Compliance Manager Bahareh Wolfs also appeared and testified as to the violation on behalf of the City of Palm Beach Gardens. Page 1 of 2 CE 15.12.7846 CONCLUSIONS OF LAW The above -stated facts constitute a violation of Section 78-393 of the Code of Ordinances of the City of Palm Beach Gardens and such violation was irreversible and irreparable. e'1 It is the Order of the Code Compliance Special Magistrate that Respondent, MARCO ESPINOZA, is hereby assessed a Fine in the amount of One Hundred Dollars ($100.00) for the irreversible and irreparable violation of Section 78-393 of the Code of Ordinances of the City of Palm Beach Gardens. The Respondent is further ordered to cease and desist any further violations of Section 78- 393 of the Code of Ordinances of the City of Palm Beach Gardens. Any additional violations of Section 78-393 of the Code of Ordinances of the City of Palm Beach Gardens shall be assessed a fine in the amount of One Hundred and Fifty Dollars ($150.00) per violation. The Respondent is further assessed Ninety -One Dollars and Forty -One Cents ($91.41) for the administrative costs incurred in prosecuting the January 26th, 2016 Hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Department at (561) 799-4245 to request a reinspecton of the property. DONE AND ORDERED THIS 21 day of January, 2016. CITY OF PALM BEACH GARDENS CODE COMPLIANCEr"MAL MAGISTRATE BY: ` KEV WAGNER, S CIAL MAGISTRA Filed with Citv Clerk Date:__ a-9 20 By: Patricia aider, CMC, City Clerk Page 2 of 2 CE 15.12.7846 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.09.7694 CITY OF PALM BEACH GARDENS, Petitioner, VS. HORSHOE ACRES CLUB INC, Respondent. ORDER FINDING VIOLATION RE: Violation of Section 78-742 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 8601 Kelso Drive Palm Beach Gardens, Florida 33410 Legal Description: HORSHOE ACRES UNREC ALL PRIVATE RDS (LESS PT OF NEEDLES DR R/W IN OR23925 P502) PCN: 52-42-42-23-01-000-1460 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26' day of January, 2016, and based on the evidence and testimony presented, entered an Order Finding Violation. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT I. The Respondent, HORSHOE ACRES CLUB INC, was represented by John Lilo and Mary Murphy at the hearing and there was a finding of proper notice of the violation and of the hearing. 2. Code Enforcement Officer Kathryn Stiles provided evidence and testimony of the violation as contained in the evidentiary case file which was accepted into evidence. The City Forester also appeared and testified as to the violations on behalf of the City of Palm Beach Gardens. CONCLUSIONS OF LAW The above -stated facts constitute a violation of Section 78-742 of the Code of Ordinances of the City of Palm Beach Gardens. Page 1 of 2 CE 15.09.7694 It is the Order of the Code Compliance Special Magistrate that Respondent, HORSHOE ACRES CLUB INC, shall comply with Section 78-742 on or before 4:00pm on the 27' day of June, 2016. If Respondent does not comply within the time specified, a Fine of One Hundred and Fifty Dollars ($150.00) per day shall be assessed for each day the violation continues to exist. The assessment of administrative costs incurred in prosecuting the January 26th, 2016 Hearing was deferred until the Fine Assessment Hearing. If Respondent does not comply within the time specified, a Fine Assessment Hearing will be held before the Special Magistrate on the 28' day of June, 2016 at 2:00 p.m., at the Palm Beach Gardens City Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Should Respondent violate the same Section of the Code again, Respondent may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation, and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Division at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this Cl' CC Im Filled with Citv Clerk Dat - By: Patricia Snider, CMC, City Clerk Page 2 of 2 CE 15.09.7694 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.09.7709 CITY OF PALM BEACH GARDENS, Petitioner, VS. GREGORY and JUANITA DZIEKAN, Respondents. ORDER FINDING VIOLATION RE: Violation of Section 79-5 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 11856 Bayberrry Street Palm Beach Gardens, Florida 33410 Legal Description: PL NO 4 CITY OF P B GARDENS LT 1 BLK 35 L PCN: 52-42-42-01-02-03 5-0010 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26th day of January, 2016, and based on the evidence and testimony presented, entered an Order Finding Violation. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, GREGORY DZIEKAN, was present at the hearing and there was a finding of proper notice of the violation and of the hearing. 2. Code Enforcement Officer Kathryn Stiles provided evidence and testimony of the violation as contained in the evidentiary case file which was accepted into evidence. CONCLUSIONS OF LAW The above -stated facts constitute a violation of Section 79-5 of the Code of Ordinances of Page 1 of 2 CE 15.09.7709 the City of Palm Beach Gardens. It is the Order of the Code Compliance Special Magistrate that Respondents, GREGORY and JUANITA DZIEKAN, shall comply with Section 79-5 on or before 4:00pm on the 22nd day of February, 2016. If Respondents do not comply within the time specified, a Fine of One Hundred and Fifty Dollars ($150.00) per day shall be assessed for each day the violation continues to exist. The Respondents are further assessed One Hundred and Four Dollars and Fourteen Cents ($104.14) for the administrative costs incurred in prosecuting the January 26d', 2016 Hearing. If Respondents do not comply within the time specified, a Fine Assessment Hearing will be held before the Special Magistrate on the 23rd day of February, 2016 at 2:00 p.m., at the Palm Beach Gardens City Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Should Respondents violate the same Section of the Code again, Respondents may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation, and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondents to contact the Code Compliance Division at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this day of January, 2016. CITY OF PALM BEACH CODE COMPLIANCE WAkKER, SPECIAL Filed with Citv Clerk Date: IIA9 I X0-14 By: f Patricia S ider, CMC, City Clerk Page 2 of 2 CE 15.09.7709 Record and Return to: Code Compliance Division 10500 North Military Trail Palm Beach Gardens, FL 33410 CASE NO. 15.06.7387 CITY OF PALM BEACH GARDENS, Petitioner, VS. LSREF2 PROMENADE LLC, Respondent. ORDER FINDING VIOLATION RE: Violation of Section 79-2 of the Code of Ordinances of the City of Palm Beach Gardens. Address: 9810 Alternate AIA 208 Palm Beach Gardens, Florida 33410 Legal Description: GARDENS EAST PLAZA TR 9 PCN: 52-43-42-07-26-009-0000 The Special Magistrate appointed by the City Council to hear code compliance cases for the City of Palm Beach Gardens, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26b day of January, 2016, and based on the evidence and testimony presented, entered an Order Finding Violation. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, LSREF2 PROMENADE LLC, was represented by attorney Steve Mathison, Esq., and by Donald Hearing of Cotleur & Hearing at the hearing and there was a finding of proper notice of the violation and of the hearing. Soraya Tyrier also appeared and testified on behalf of the Respondent. 2. Code Enforcement Officer Kathryn Stiles provided evidence and testimony of the violation as contained in the evidentiary case file which was accepted into evidence. Development Compliance Manager Bahareh Wolfs also appeared and testified as to the violations on behalf of the City of Palm Beach Gardens. CONCLUSIONS OF LAW The above -stated facts constitute a violation of Section 79-2 of the Code of Ordinances of the City Page 1 of 2 CE 15.06.7387 of Palm Beach Gardens. ORDER It is the Order of the Code Compliance Special Magistrate that Respondent, LSREF2 PROMENADE LLC, shall comply with Section 79-2 on or before 4:00pm on the 22" day of February, 2016. If Respondent does not comply within the time specified, a Fine of up to Two Hundred and Fifty Dollars ($250.00) per day shall be assessed for each day the violation continues to exist. The Respondent is further assessed Two Hundred and Sixty -Three Dollars and Sixty -Seven Cents ($263.67) for the administrative costs incurred in prosecuting the January 26th, 2016 Hearing. If Respondent does not comply within the time specified, a Fine Assessment Hearing will be held before the Special Magistrate on the 23''d day of February, 2016 at 2:00 p.m., at the Palm Beach Gardens City Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Should Respondent violate the same Section of the Code again, Respondent may be subject to a Fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation, and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Division at (561) 799-4245 to request a reinspection of the property. DONE AND ORDERED this 2 � day of January, 2016. CIT COI F iked with Citv Clerk Date: Ao Tt By:_ ]Patricia nider, CMC, City Clerk Page 2 of 2 CE 15.06.7387