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HomeMy WebLinkAboutAgenda CESM 111709CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, 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: Keith W. Davis R. Max Lohman Operations Director: David Reyes Code Supervisor: Moham m a d Jamal Recording Secretary: Theresa Gonzalez, Administrative Specialist III Code Officers: Alex Lopez – Senior Code Officer Michael Williams – Code Officer Robert Williams - Code Officer Ismael Vasquez – Code Office r Robert Creston – Code Officer I. REPEAT VIOLATION CASES (NONE) II. VIOLATION CASES A . Case No . 09.08.3143 Property Owner Implant Innovations, Inc. 4555 Riverside Drive Palm Beach Gardens V iol ation Location: 4555 Riverside Drive, Bldg B Palm Beach Gardens PCN: 52424212180000060 LEGAL: SOUTH PARK CENTER LTS 6 & 7 Code Section Violated: NFPA 70: 408.4 Circuit directory or circuit identification Corrective Action : Fully label all circuit breakers and circuit directory Code Officer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 2 B . Case No . 09.08.3144 Property Owner Implant Innovations, Inc. 4555 Riverside Drive Palm Beach Gardens V iol ation Location: 4600 E Park Drive Palm Beach Gardens PCN: 52424212180000100 LEGAL: SOUTH PARK CENTER LTS 10 & 11 Code Section Violated: NFPA 70: 408.4 Circuit directory or circuit identification Corrective Action : Fully label all circuit breakers and circuit directory Code Officer : Michael Williams C . Case No . 09.08.3139 Property Owner Implant Innovations, Inc. 4555 Riverside Drive Palm Beach Gardens V iol ation Location: 4555 Riverside Drive, Bldg A Palm Beach Gardens PCN: 52424212180000060 LEGAL: SOUTH PARK CENTER LTS 6 & 7 Code Section Violated: NFPA 70: 408.4 Circuit directory or circuit identification Corrective Action : Fully label all circuit breakers/panel schedule Code Officer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 3 D . Case No . 09.07.3060 Property Owner Ronald and Hollace Bailey 8633 Damascus Drive Palm Beach Gardens V iol ation Location: 8633 Damascus Drive Palm Beach Gardens PCN: 52424223010001440 LEGAL: HORSESHOE ACRES UNREC LT 144 Code Section Violated: 78 -112 Building permits required Corrective Action : Obtain permits and final inspection for installation of fence; expired building permit BLDG -06 -08 -013166; contact Building Department at 561.799.4296 Code Officer : Alex Lopez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 4 E . Case No . 09.08.3121 Property Owner Phillip and Marilyn Schroth 8679 40 th Terrace North Palm Beach Gardens V iol ation Location: 8679 40 th Terrace North Palm Beach Gardens PCN: 52424224000001239 LEGAL: 24 -42 -42, N 106 FT OF S 1007 FT OF E 330 FT OF NE ¼ (LESS SR 9 R/W) Code Section Violated: 54 -58 Placement for collection 78 -112 Building permits required 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : 54 -58 Keep trash containers from public view until 12:00 noon day prior to pi ck up 78 -112 Apply for and/or renew expired building permit for roof work being performed; final inspection is required when work is completed 79 -5 Clean up and/or dispose of all debris, trash, lumber scraps, block, paper, rags, tires, lawnmowers, toys, tools, screen door, etc. and keep storage out of public view and keep maintained as such; remove dead tree, stumps, and branches so not to be a danger to the public; cut, trim, prune, weed, and mow all landscape materials and lawns and keep maintained as s uch; repaint and/or touch up all areas of structure that are showing signs of deterioration and weathering with matching colors Code Officer : Robert Williams – presented by Alex Lopez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 5 F . Case No . 09.10.3299 Property Owner HSBC Bank USA TRS 12650 Ingenuity Drive Orlando, FL 32826 V iol ation Location: 4073 Rodgers Street Palm Beach Gardens PCN: 52424213020050190 LEGAL: UNIT 2 PALM BEACH SQUARE LT 19 BLK 5 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Cut, mow, trim, and keep maintained all lawn/landscaping areas Code Officer : Ismael Vasquez G . Case No . 09.10.3304 Property Owner Peter and Cherie Altavilla 4089 Lakespur Circle S Palm Beach Gardens V iol ation Location: 4089 Lakespur Circle S Palm Beach Gardens PCN: 52424212010600090 LEGAL: CITY OF P B GARDENS NO 6 LOT 9 BLK 60 Code Section Violated: 78 -393 Parking and storage restrictions for commercial vehicles Corrective Ac tion : Remove trailer from property or store according to above code section Code Officer : Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 6 H . Case No . 09.10.3305 Property Owner Robert and Cyndee Hackney 4119 Lakespur Circle S Palm Beach Gardens V iol ation Location: 4119 Lakespur Circle S Palm Beach Gardens PCN: 52424212010600070 LEGAL: CITY OF P B GARDENS NO 6 LOT 7 BLK 60 Code Section Violated: 78 -393 Parking and storage restrictions for commercial vehicles Corrective Action : Remove boat trailer from property or store according to above code section Code Officer : Ismael Vasquez I . Case No . 09.09.3249 Property Owner Benjamin Anatalio 10137 Dahlia Ave Palm Beach Gardens V iol ation Location: 10137 Dahlia Ave Palm Beach Gardens PCN: 52434207010540040 LEGAL: CITY OF PALM BEACH GARDENS 5 LOT 4 BLK 54 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 54 -58 Placement for collection 303.1 Swimming pools Corrective Action : 79 -5 Cut all high grass and/or weeds throughout entire property 54 -58 Garbage cans and/or recycling bins must be maintained in accordance with code 303.1 Pool must be cleaned and maintained ongoing Code Officer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 7 J . Case No . 09.10.3265 Pr operty Owner Donald Luke and Deana Doubleday 4137 Rodgers Street Palm Beach Gardens V iol ation Location: 4137 Rodgers Street Palm Beach Gardens PCN: 52424213020050240 LEGAL: UNIT 2 PALM BEACH SQUARE LT 24 BLK 5 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 303.1 Swimming pools Corrective Action : 79 -5 Cut, mow, trim, and keep maintained all landscaping areas; replace missing screens on pool screen enclosure; pressure clean exterior wall s and repaint as needed 303.1 Clean pool and keep maintained Code Officer : Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 8 K . Case No . 09.08.3113 Property Owner Justo Naranjo 2597 Hinda Road Lake Worth, FL 33403 V iol ation Location: 8561 40 th Terrace N Palm Beach Gardens PCN: 52424224000001234 LEGAL: 24 -42 -42, N 106 FT OF S 371 FT OF W 178.74 FT OF E 330 FT OF NE 1/4 Code Section Violated: 34 -181 Nuisance declared 78 -112 Building permits required 79 -5 Maintenance and appearance standar ds for all structures and landscaping 54 -58 Placement for collection 78 -395 Recreational vehicles and watercraft Corrective Action : 34 -181 Must adhere to code with regard to inoperable vehicles on property 78 -112 Must pull permit for canopy and all fencin g installed and/or altered on entire property; contact Building services with regard to permit for structure at 561.799.4201 79 -5 Remove all outside storage from public view from front, side, and rear yards; cease parking vehicles on unapproved surfaces; r epair all broken windows; cut and maintain all high grass and/or weeds; remove all trash and debris from entire property 54 -58 Garbage cans must be maintained in accordance with code 78 -395 Boat must comply with code in order to remain at property Code Off icer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 9 L . Case No . 09.09.3208 Property Owner Steve Nguyen 3768 Daphne Ave Palm Beach Gardens V iol ation Location: 289 Balsam Street Palm Beach Gardens PCN: 52434218030070210 LEGAL: PLAT 1 PALM BEACH GARDEN ESTS LT 21 BLK 7 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : 79 -5 Cut all high grass and/or weeds throughout entire property Code Officer : Michael Williams M . Case No . 09.09.3224 Property Owner Daniel Holas 500 Ivy Ave Palm Beach Gardens V iol ation Location: 500 Ivy Ave Palm Beach Gardens PCN: 52434218030030220 LEGAL: PL 1 PALM BEACH GARDEN ESTS LT 22 BLK 3 Code Section Violated: 303.1 Swimming pools 303.2 Enclosures Corrective Action : 303.1 Pool must be cleaned and maintained ongoing 303.2 All pool entrance gates must meet code and be remained secure at all times Code Officer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 10 N . Case No . 09.09.3228 Property Owner John and Lorraine Maestri 4078 Ilex Ct Palm Beach Gardens V iol ation Location: 4078 Ilex Ct Palm Beach Gardens PCN: 52424212010670140 LEGAL: CITY OF P B GARDENS NO 6 LOT 14 BLK 67 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Cut, mow, trim, and keep maintained all landscaping/lawn areas (including side and backyard areas) Code Officer : Ismael Vasquez O . Case No . 09.09.3252 Property Owner Diane Dorman 32 Thurston Drive Palm Beach Gardens V iol ation Location: 32 Thurston Drive Palm Beach Gardens PCN: 52424210010000080 LEGAL: PGA RESORT COMMUNITY PL 1 LOT 8 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 303.1 Swimming pools 303.2 Enclosures Corrective Action : Cut, mow, trim, prune entire landscape to include but not limited to pond embankment and keep maintained; repair damaged/missing screens on soffits and keep maintained; properly repair d amaged gate on fence securing pool; clean pool to be clear and maintain at all times Code Officer : Alex Lopez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 11 III. FINE ASSESSMENT /STATUS HEARING A . Case No . 09 -06 -2915 Property Owner David L Wikel 608 Inlet Road North Palm Beach, FL 33408 V iol ation Location: 3697 Holly Drive Palm Beach Gardens PCN: 52434207010580230 LEGAL: CITY OF PALM BEACH GARDENS 5 LT 23 BLK 58 Code Section Violated: 78 -112 Building permits required Corrective Action : Obtain permits for new fence installed and enclosed garage from City Building Department at 799.4243 and pass final inspection Code Officer : Ismael Vasquez B. Case No . 09 -08 -3106 Property Owner Viridian Office Center 222 US Highway 1, Ste 208 Tequesta, FL 33469 V iol ation Location: 11505 Fairchild Gardens Ave Palm Beach Gardens PCN: 52434206080010000 LEGAL: VIRIDIAN OFFICE PARK TR A K/A ALL OF PLAT Code Section Violated: 78 -328 Pruning Corrective Action : None – due to the irreversible and irreparable nature of these violations Code Officer : Robert Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 12 C. Case No . 09 -02 -2557 Property Owner James Brown CONFIDENTIAL V iol ation Location: CONFIDENTIAL Palm Beach Gardens PCN: CONFIDENTIAL LEGAL: CONFIDENTIAL Code Section Violated: 78 -395 Recreational vehicles and watercraft Corrective Action : Remove boat or properly store according to code section Code Officer: Ismael Vasquez D. Case No . 09 -06 -2891 Property Owner Robert and Cyndee Hackney 4119 Lakespur Circle S Palm Beach Gardens V iol ation Location: 4119 Lakespur Circle S Palm Beach Gardens PCN: 52424212010600070 LEGAL: CITY OF P B GARDENS NO 6 LOT 7 BLK 60 Code Section Violated: 78 -112 Building permits required Corrective Action : Contact City Building Department at 561.799.4201 concerning expired permit# BLDG - 06 -05 -010307 for installation of shutters to update/renew permit and pass final inspection Code Officer : Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 13 E. Case No . 09 -07 -3005 Property Owner Elyse Isadore PO Box 531342 West Palm Beach, FL 33403 V iol ation Location: 4289 S Mary Circle Palm Beach Gardens PCN: 52424224030000180 LEGAL: NICHOLAS PARK UNREC LOT 18 (LESS S 10 FT) Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Repair/replace missing fence panels; pressure clean exterior walls and repaint. Code Officer : Ismael Vasquez F. Case No . 08 -12 -2446 Property Owner Oakbrook Square Shopping Center 1696 NE Miami Gardens Drive North Miami Beach, FL V iol ation Location: 11566 US Highway 1 Palm Beach Gardens PCN: 52 -43 -42 -04 -34 -001 -000 0 LEGAL: OAKBROOK SQUARE PARS 1&2 Code Section Violated: Various Corrective Action : Various Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 14 G. Case No . 09 -10 -3266 Property Owner Daniela Riccelli 9518 Keating Drive Palm Beach Gardens V iol ation Location: 9518 Keating Drive Palm Beach Gardens PCN: 52424213020070150 LEGAL: UNIT 2 PALM BEACH SQUARE LT 15 BLK 7 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 303.1 Swimming pools 303.2 Enclosures Corrective Action : 79 -5 Cut, mow, trim, and keep maintained all landscaping areas 303.1/303.2 Clean pool and keep maintained by October 18, 2009; repair fence gate to secure pool by October 2, 2009 Code Officer : Ismael Vasquez H. Case No. 09 -08 -3132 Property Owner Kathleen Geary 9504 Bloomfield Dr Palm Beach Gardens FL 33410 V iol ation Location: 9504 Bloomfield Dr Palm Beach Gardens FL 33410 PCN: 52424213020060140 LEGAL: UNIT 2 PALM BEACH SQUARE LT 14 BLK 6 Code Section Violated: 79 -6 Responsibilities of owners and operators of dwellings, hotel units, and rooming houses for let Corrective Action : Remove trash and debris from interior and keep cleaned; repair cracked/chipped/peeling drywall areas, hole in ceiling, broken toilet and maintain sanitary living conditions; perform a mold inspection by a certified contractor an d provide a copy of inspection; any mold issues must be mitigated or approved by a professional Code Officer : Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 17, 2009 COUNCIL CHAMBERS 2:00PM Special Magistrate 11.17.09 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Co de Enforcement Special Magistrate with respect to any matter considered at this hearing, such interested person may need a verbatim record of the pr oceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 15 IV. STIPULATION (NONE) V. FINE REDUCTION HEARING (NONE) VI. FORECLOSURE AUTHORIZATION HEARING (NONE)