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HomeMy WebLinkAboutAgenda CESM 081710CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM Special Magistrate: Code Enforcement Attorney: Operations Director: Code Supervisor: Recording Secretary: Code Officers: I. REPEAT VIOLATION CASES A. Case No. 10.07.3924 Property Owner Jill Newton 408 Lighthouse Drive Palm Beach Gardens Violation Location: 408 Lighthouse Drive Palm Beach Gardens Kevin Wagner Abigail Jorandby Keith W. Davis R. Max Lohman David Reyes Mohammad Jamal Theresa Gonzalez Alex Lopez — Senior Code Officer Michael Williams — Code Officer Robert Williams- Code Officer Ismael Vasquez — Code Officer Robert Creston — Code Officer PCN: 52434218030130080 LEGAL: PL 1 PALM BEACH GARDENS ESTS LT 8 BLK 13 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Mow, cut, trim, prune entire landscape and maintained; remove all open storage to not be seen from public view Code Officer: Alex Lopez 1 Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM II. VIOLATION CASES A. Case No. 10.06.3875 Property Owner Joel Goodsen LLC 601 Brickell Key Drive, Ste 500 Miami, FL 33131 Violation Location: 11360 US Highway 1 Palm Beach Gardens PCN: 524342040270010000 LEGAL: COMFORT INN TR A K/A ALL OF PLAT Code Section Violated: 78 -742 Remedies 78 -742 Remedies Corrective Action: 78 -742 Cease and desist all newspaper or other media advertising (The Palm Beach Post, Internet, E -Mail) of restaurant, bar, or lounge pursuant to Resolution 2, 2008 78 -742 Cease and desist all signage advertising restaurant, bar, or lounge visible from a public right -of -way (monument sign in front of property along US Highway 1) pursuant to Resolution 20, 2008 Code Officer: Robert Williams 0) Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM B. Case No. 10.07.3881 Property Owner PGA North II of Florida LLC 3701 Catalfumo Way Palm Beach Gardens Violation Location: 4299 Kyoto Gardens Drive Palm Beach Gardens PCN: 52424201240230000 LEGAL: MACARTHUR PARCEL 5A TRS WMT 1 & WMT 2 K/A WATER MGMT Code Section Violated: 78 -329 Maintenance 78 -742 Remedies Corrective Action: 78 -329 Mow, cut, trim, and keep maintained grass areas around the water management area and canal and mechanically /chemically remove exotic aquatic plants and algae; provide a copy of aquatic contract and/or maintenance schedule for the lake maintenance; replace thirteen (13) dead Sabal Palms from the planting beds along the south side of the water management area; maintain all other landscape areas within the site in accordance with this code. 78 -742 Mow, cut, trim and keep maintained the medians and shoulders along both sides of Kyoto Gardens Drive between Military Trail and Alternate AIA; adhere to a regular maintenance schedule of the aforementioned areas as described in Resolution 166, 2005, Condition 16, and keep maintained. Code Officer: Robert Williams 3 Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM C. Case No. 10.06.3832 Property Owner Gerardo and Maria De La Cruz 4343 Applecrest Drive Palm Beach Gardens Violation Location: 4343 Applecrest Drive Palm Beach Gardens PCN: 52424213050410190 LEGAL: UNIT NO 5 PALM BEACH SQUARE LT 19 BLK 41 Code Section Violated: 78 -395 Recreational vehicles and watercraft Corrective Action: Remove boat from property or properly screen according to above code section; per owner's request case to be scheduled for August 17, 2010 Special Magistrate Hearing at 2:OOpm. Code Officer: Ismael Vasquez D. Case No. 10.08.3936 Property Owner Kevin E Easton 8342 Sunset Drive Palm Beach Gardens Violation Location: 8535 40th Terrace N Palm Beach Gardens PCN: 52424224000001241 LEGAL: 24- 42 -42, N 135 FT OF S 265 FT OF E 330 FT OF NE t/a (LESS SR 9 R/W) Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Remove all trash/debris dumped NE of property (near I95 wall barrier); cut, mow, trim, clean and keep maintained landscaping area section where trash /debris is located. Code Officer: Ismael Vasquez n Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM E. Case No. 10.05.3795 Property Owner BallenIsles Country Club Inc. 100 BallenIsles Circle Palm Beach Gardens Violation Location: 100 BallenIsles Circle Palm Beach Gardens PCN: 52424211190000010 LEGAL: BALLENISLES COUNTRY CLUB ALL OF PL (LESS SLY 352.44 FT OF ELY 246.29 FT) Code Section Violated: 78 -328 Pruning Corrective Action: Pruning of Sabal Palms are irreversible and irreparable in nature; Code Enforcement Special Magistrate will set forth ruling Code Officer: Alex Lopez F. Case No. 10.04.3660 Property Owner Aktar Zaman and Tamanna Sultana 4281 Heather Circle W Palm Beach Gardens Violation Location: 4281 Heather Circle W Palm Beach Gardens PCN: 52424212010710010 LEGAL: CITY OF P B GARDENS NO 6 LOT 1 BLK 71 Code Section Violated: 78 -395 Recreational vehicles and watercraft Corrective Action: Remove RV from property or properly screen according to above code section Code Officer: Ismael Vasquez 6� Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM G. Case No. 10.03.3635 Property Owner Leona T Grant 301 Balsam Street Palm Beach Gardens Violation Location: 301 Balsam Street Palm Beach Gardens PCN: 52434218030070150 LEGAL: PLAT 1 PALM BEACH GARDEN ESTS LT 15 BLK 7 Code Section Violated: 78 -112 Building permits required 79 -5 Maintenance and appearance standards for all structures and landscaping 78 -329 Maintenance Corrective Action: 78 -112 Obtain permits for structure erected in rear yard; contact Building Department at 799.4201 for all information regarding permits and /or inspections to structure 79 -5 Paint all faded, unpainted, peeling and/or dirty areas of home's entire exterior; cease from parking all vehicles in Swale areas in front of home; replace all dead and/or missing sod in Swale areas; remove all outside storage, tools, equipment, containers, ladders, buckets, plywood, etc. 78 -329 Property must be maintained per code; contact City Forester Mark Hendrickson at 799.4259 to get update /clarification and requirements for "Florida Certified Property" designation as your property does not meet the designation in its current condition Code Officer: Michael Williams I lei Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM H. Case No. 10.07.3920 Property Owner Michael G Richards 4016 Willow Run Palm Beach Gardens Violation Location: 4016 Willow Run Palm Beach Gardens PCN: 52424202030000590 LEGAL: SHADY LAKES PL LT 59 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 1 -1 Title of Code Corrective Action: 79 -5 Mow, cut, trim, prune entire landscape and keep maintained; remove from property all trash and debris and keep maintained; repair damaged gate 1 -1 Maintain pool to be clean and clear at all times Code Officer: Alex Lopez I. Case No. 10.01.3444 Property Owner William and Daisy Fornaro 3316 Pine Hill Trail Palm Beach Gardens Violation Location: 3316 Pine Hill Trail Palm Beach Gardens PCN: 52424202030000690 LEGAL: SHADY LAKES PL LT 69 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 1 -1 Title of Code Corrective Action: 79 -5 Cut, mow, trim, prune entire landscape and keep maintained; remove deceased landscaping and keep maintained; pressure wash roof to be free of stains /mildew and keep maintained 1 -1 Maintain pool to be clean and clear at all times Code Officer: Alex Lopez %I Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM J. Case No. 10.06.3857 Property Owner Macy R H & Co Federated Dept S 7W7 th Street Cincinnati, OH 45202 Violation Location: 3107 PGA Blvd Palm Beach Gardens PCN: 52434206020001020 LEGAL: GARDENS MALL LEASE PAR K/A REVISED MACYS Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action: Cease excessive false alarm activity and pay fine of $380.00 on or before 7/23/2010 Police Officer: Julius Barone K. Case No. 10.06.3864 Property Owner Tony and Angela Sanso 4357 Bamboo Drive Palm Beach Gardens Violation Location: 4357 Bamboo Drive Palm Beach Gardens PCN: 52424213040460170 LEGAL: UNIT NO 4 PALM BEACH SQUARE LT 17 BLK 46 Code Section Violated: 34 -181 Nuisance declared Corrective Action: Remove inoperable vehicle (red Mazda) from property or seek required repairs so that vehicle is operable Code Officer: Ismael Vasquez ;a Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM L. Case No. 10.06.3874 Property Owner Charles and Patricia Erkman 4400 Gardenia Drive Palm Beach Gardens Violation Location: 4400 Gardenia Drive Palm Beach Gardens PCN: 52424212010700030 LEGAL: CITY OF P B GARDENS NO 6 LOT 3 BLK 70 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Cut, mow, trim, clean and keep maintained all lawn/landscaping areas (including side and backyard areas) Code Officer: Ismael Vasquez M. Case No. 10.07.3876 Property Owner James and Michele Hartwell 3912 Lighthouse Drive Palm Beach Gardens Violation Location: 3912 Lighthouse Drive Palm Beach Gardens PCN: 52434218040310120 LEGAL: PL NO 3 CITY OF P B GARDENS LT 12 BLK 31 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Cut all high grass and /or weeds; remove garbage receptacle from front of property Code Officer: Michael Williams 0. Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM N. Case No. 10.07.3896 Property Owner Brenda Charlton 4213 Royal Oak Drive Palm Beach Gardens Violation Location: 4213 Royal Oak Drive Palm Beach Gardens PCN: 52424224090000210 LEGAL: GARDEN OAKS SOUTH LT 21 Code Section Violated: 303.1 Swimming pools 303.2 Enclosures Corrective Action: 303.1 Maintain pool water so to be in clear, sanitary condition 303.2 Repair screen door so the self - latching mechanism works properly Code Officer: Robert Williams O. Case No. 10.08.3928 Property Owner Scott James 4413 Dawnridge Street Palm Beach Gardens Violation Location: 4413 Dawnridge Street Palm Beach Gardens PCN: 52424213060380020 LEGAL: PALM BEACH SQUARE UNIT 6 LOT 2 BLK 38 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Cut, mow, trim, prune and keep maintained all lawn/landscaping areas; remove all trash and debris from property; remove all materials (tall dresser, pavers, etc.) from property or public view Code Officer: Ismael Vasquez 10 Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM III. FINE ASSESSMENT /STATUS HEARING A. Case No. 10.04.3649 Property Owner Thomas and Holly Dickens 7137 1h Court Palm Beach Gardens Violation Location: 713 7h Palm Beach Gardens PCN: 52434207180007130 LEGAL: SANDALWOOD ESTATES LOT 713 Code Section Violated: 7 9- 5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Repair and /or replace broken and missing shingles on mansard roof, after repairs are made, clean mansard so not to show signs of deterioration Code Officer: Robert Williams B. Case No. 10.06.3865 Property Owner William and Michelle Vincil 290 Lighthouse Drive Palm Beach Gardens Violation Location: 290 Lighthouse Drive Palm Beach Gardens PCN: 52434218030150160 LEGAL: PL 1 PALM BEACH GARDENS ESTS LT 16 BLK 15 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 all high grass and/or weeds; keep property from any debris 303.1 Pool must be maintained in clean and sanitary condition 303.2 Pool safety barriers must be maintained per code Code Officer: Michael Williams 11 Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM C. Case No. 10.05.3749 Property Owner Keith, Bill and Karen Norton 1002 Vision Terrace Palm Beach Gardens Violation Location: 1002 Vision Terrace Palm Beach Gardens PCN: 52424212100100020 LEGAL: VISION ONE BLDG 10 UNIT B TWNHS Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Remove all outside storage that presents as a blight from courtyard areas Code Officer: Michael Williams 12 Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM D. Case No. 08 -04 -2018 Property Owner Winchester Courts HOA 8259 N Military Trail Palm Beach Gardens Violation Location: 4270 Hazel Ave Palm Beach Gardens PCN: 52- 42- 42- 01 -05- 000 -0442 LEGAL: WINCHESTER COURTS UNIT 44B Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 78 -322 Hardscape and nonliving landscape materials installation requirements 78 -308 Compliance 78 -112 Building permits required Corrective Action: 79 -5 Pressure wash entire roof on all units, walls at parking lot entrance, fencing on all units, and light poles to be free of stains and mildew; scrape all peeling paint on fascia boards and repaint; replace all damaged/rotten fascia boards; repair damaged fencing on all units; fencing shall be symmetrical and in good repair; replace missing light covers on building fixtures; repair damaged walkway at south end of property; repair damaged light pole at southeast corner of property; repair broken window glass on unit 11605; repair broken clean -out cap on unit 11625; remove board on window on unit 11579; bury all exposed cables around units; obtain the services of licensed exterminator for the removal of wasps and insects on unit 11655; replace missing roof tiles on unit 11572 78 -322 Per City Forester, replace missing mulch to all areas as approved on Landscape Site Plan 78 -308 Per City Forester, replace all missing and deceased landscape 78 -112 Obtain permits and final inspections for re- layering and re- striping of all parking areas Code Officer: Alex Lopez 13 Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM E. Case No. 09 -02 -2624 Property Owner Donnini Enterprises, Inc. 3501 SW Corporate Parkway Palm City, FL 34990 Violation Location: 9730 Alt AlA Palm Beach Gardens PCN: 52434218000001020 LEGAL: 18- 42 -43, IRREG SHAPED PAR OF NEWLY 154.15 FT OF NE 1/a LYG NLY OF & ADJ TO ALT AlA R/W & SLY OF & ADJ TO LIGHTHOUSE DR R/W Code Section Violated: 78 -159 Permitted uses, minor and major conditional uses, and prohibited uses 78 -226 Zoning regulations 0 -0 Multiple (78 -329, 79 -5, 78 -378, 78 -284, 78 -112) Corrective Action: 78 -159 Must remove all vehicles from lot (auto dealership requires approval from the City) or must obtain approval from the City prior to operating an automotive dealership 78 -226 Must remove all vehicles stored on the property 0 -0 Per City Forester: restore missing/damaged hedges, mulch, sod on entire property and keep maintained as per approved landscape site plan; replace and restore all missing palms and keep maintained; all irrigation shall be operable, in good repair, in designated areas and keep maintained as per approved landscape site plan 0 -0 Pressure wash entire buildings and walk paths and keep maintained; paint entire buildings and curbs and keep maintained; repair all pot holes, damaged curbs, light stands, dumpster enclosure and fencing on entire property and keep maintained; repair damaged structure at rear of property (permits may apply — consult with Building Department); remove from property all trash and debris and keep maintained; all open storage to be stored out of public view; remove non - permitted and prohibited A -frame signs; banners pennants, window signs and keep maintained; obtain permits and final inspection for dumpster enclosure, installment of window in bay area and sign display overhang 0 -0 All repairs are to be made as per PBG Building Department; please contact Building Department for detailed instructions Code Officer: Alex Lopez 14 Special Magistrate 8.17. 10 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. CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 17, 2010 COUNCIL CHAMBERS 2:OOPM IV. STIPULATION V. FINE REDUCTION HEARING A. Case No. 09.03.2637 Property Owner Raymond F Cruise 19 Via Verona Palm Beach Gardens Violation Location: 8427 Alister Blvd W Palm Beach Gardens PCN: 52424222070110040 (NONE) LEGAL: GABLES AT NORTHLAKE REPL 1 LT 4 BLK 11 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Repair damaged garage door, permits may apply; consult with PBG Building Department; remove from property all trash, debris and keep maintained; all open storage to be stored out of public view Code Officer: Alex Lopez VI. FORECLOSURE AUTHORIZATION HEARING (NONE) 15 Special Magistrate 8.17. 10 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.