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Home My WebLink AboutAgenda CESM 032411CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 1 _______________________________________________________________ Special Magistrate: Kevin Wagner Code Enforcement Attorney: Abigail Jorandby Operations Director: David Reyes Code Supervisor: Moham m a d Jamal Recording Secretary: Theresa Gonz alez Code Officers: Alex Lopez – Senior Code Officer Michael Williams – Code Officer Robert Williams - Code Officer Ismael Vasquez – Code Officer Robert Creston – Code Officer I. REPEAT VIOLATION CASES A . Case No . 11.03.4399 Property Owner Roberto and Maria Santiago 4500 Royal Palm Way Palm Beach Gardens V iol ation Location: 4500 Royal Fern Way Palm Beach Gardens PCN: 52424224100001650 LEGAL: GARDEN OAKS WEST LT 165 Code Section Violated: 303.1 Swimming pools 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : 303.1 Clean pool and keep maintained; repair or replace pool covering 79 -5 Keep all lawn/landscaping maintained and clean of all trash/debris (including removal of debris located in roof gutters); secure all exposed opening(s) to prevent pest/rodent infestation; repair damaged roof gutter so structure is kept in good repair Code Officer : Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 2 II. VIOLATION CASES A . Case No . 10.12.4214 Property Owner Harold and Merna Kaplan 4090 Lakespur Circle S Palm Beach Gardens V iol ation Location: 4090 Lakespur Circle S Palm Beach Gardens PCN: 52424212010630060 LEGAL: CITY OF P B GARDENS NO 6 LOT 6 BLK 63 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 78 -393 Parking and storage restrictions for commercial vehicles Corrective Action : 79 -5 Pressure clean/repair/replace fence sections where n eeded by February 6, 2011; for further details please call 561.799.4252; remove all materials (boards, ladder, storage bins, etc.) from property or from public view by January 18, 2011 78 -393 Remove trailer from property or properly screen and buffer accor ding to above code section Code Officer : Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 3 B . Case No . 10.09.4012 Property Owner Goldcoast Beef Inc 3835 Ace Road W Lake Worth, FL 33467 V iol ation Location: 3802 Northlake Blvd Palm Beach Gardens PCN: 52434219000003370 LEGAL: 19 -42 -43, E 211.11 FT OF W 1049.35 FT OF SLY 219.16 FT OF NLY 319.16 FT OF W 1/2 OF NW ¼ Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 78 -329 Maintenance Corrective Action : 79 -5 Paint and/or pressure wash all faded, dirty, stained or peeling areas to building’s exterior; pressure wash all stained, faded, and/or dirty walkways; replace all broken and/or missing wheel stops; pressure wash all stained wheel stops; repair and/or replace all broken curbing and potholes in parking lot; remove all trash and debris from entire property 78 -329 Landscaping must be maintained per site plan; contact City Forester, Mark Hendrickson, for clarification – 561.799.4259 Code Officer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 4 C . Case No . 11.02.4379 Property Owner Goldcoast Beef Inc 3835 Ace Road W Lake Worth, FL 33467 V iol ation Location: 3802 Northlake Blvd Palm Beach Gardens PCN: 52434219000003370 LEGAL: 19 -42 -43, E 211.11 FT OF W 1049.35 FT OF SLY 219.16 FT OF NLY 319.16 FT OF W 1/2 OF NW ¼ Code Section Violated: 78 -328 Pruning Corrective Action : 1. There are seventeen (17) Sabal Palms pruned in violation of Section 78 -328 (c) (2), which is deemed to be irreparable and irreversi ble in nature 2. There are seven (7) Live Oak trees and seven (7) Black Olive trees for a total of fourteen (14) trees that are in violation of at least one part of the pruning code Section 78 -328, which is deemed to be irreparable and irreversible in nature Code Officer : Michael Williams D . Case No . 11.01.4312 Property Owner Tony and Angela Sanso 4357 Bamboo Drive Palm Beach Gardens V iol ation Location: 4357 Bamboo Drive Palm Beach Gardens PCN: 52424213040460170 LEGAL: UNIT NO 4 PALM BEACH SQUARE LT 17 BLK 46 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Clean exterior walls and front door and repaint where needed to show no evidence of discoloration by February 28, 2011; repair/replace fence gate/sections where needed by February 28, 2011; repair/replace missing window panel by February 28, 2011; possible permits may be required for fencing and window repairs; contact Building Department at 561.799.4201 Code Offi cer : Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 5 E . Case No . 11.02.4353 Property Owner Greenway at the Gardens LLC 205 N Country Club Drive Atlantis, FL 33462 V iol ation Location: 11360 US Highway 1 Palm Beach Gardens PCN: 52434204270010000 LEGAL: COMFORT INN TR A K/A ALL OF PLAT Code Section Violated: 78 -742 Remedies Corrective Action : Cease and desist all newspaper or other media advertising (The Palm Beach Post, Internet, Email) of restaurant, bar, or lounge pursuant to Resolution 2, 2008; due to the irreparable/irreversible nature of the violations, the Code Enforcement Special Magistrate will set forth the ruling Code Officer : Robert Williams F . Case No . 11.02.4384 Property Owner Salvatore and Jessica Lucido 364 Riverside Drive Palm Beach Gardens V iol ation Location: 364 Riverside Drive Palm Beach Gardens PCN: 52434218030120240 LEGAL: PLAT 1 PALM BEACH GARDEN ESTS LT 24 BLK 12 Code Section Violated: 78 -393 Parking and storage restrictions for commercial vehicles 78 -394 Exceptions for commercial vehicles 78 -395 Recreational vehicles and watercraft Corrective Action : 78 -393 Parking of utility trailer at residence requires screening per code; trailer cannot be maintained in front yard 78 -394 Trailer must be maintained and screened per code 78 -395 Trailer must be screened per code Section 78 -395 Code Officer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 6 G . Case No . 10.12.4243 Property Owner Richard and Renee Hanna 4169 Larch Ave Palm Beach Gardens V iol ation Location: 4169 Larch Ave Palm Beach Gardens PCN: 52424212020080380 LEGAL: PGA NATIONAL GOLF CLUB EST 1 LT 38 BLK 8 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Maintain sod throughout entire property (i.e. dead and/or dying areas); areas damaged by boat also require maintenance and/or replacement; remove all outside storage, equipment, etc. from public view Code Officer : Michael Williams H . Case No . 11.03.4471 Property Owner Sean Brown 9108 Reed Drive Palm Beach Gardens V iol ation Location: 9108 Reed Drive Palm Beach Gardens PCN: 52424213030450210 LEGAL: UNIT NO 3 PALM BEACH SQUARE LT 21 BLK 45 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Obtain services of a professional exterminator to remove bee infestation from front North West portion of home no later than 4:00pm on March 18, 2011 Code Officer : Alex Lopez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 7 III. FINE ASSESSMENT /STATUS HEARING A . Case No . 11.02.4327 Property Owner Home Depot USA Inc PO Box 105842 Atlanta, GA 30348 V iol ation Location: 3860 Northlake Blvd Palm Beach Gardens PCN: 52434219000003360 LEGAL: 19 -42 -43, SLY 794 FT OF NLY 1684 FT OF ELY 643.5 FT OF W ½ OF NW ¼ (LESS E 10 FT O F SLY 420 OF NLY 1310 FT & N 466.33 FT OF W 213.5 FT) Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Per resolution 103, 1993 replace dead and/or missing trees in parking area and along Sandtree Drive; replace dead shrubs in parking lot landscape islands along Sandtree Drive Code Officer : Michael Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 8 B . Case No . 10.10.4128 Property Owner Group Force Northlake LLC 18205 Biscayne Blvd, Ste 2202 Aventura, FL 33160 V iol ation Location: 3855 Northlake Blvd Palm Beach Gardens PCN: 52434218000007400 LEGAL: 8 -42 -43, E 409.45 FT OF N 271.53 FT OF S 371.53 FT OF SE ¼ OF SW ¼ OF SW ¼ (LESS E 203.57 FT OF N 216.14 FT OF S 316.14 FT) Code Section Violated: 62 -2 Obstructions prohibited 79 -5 Maintenance and appearance standards for all structures and landscaping 78 -329 Maintenance Corrective Action : 62 -2 Obstruction of public roadway is prohibited; cars parking on lot and along public roadway are impeding the flow of traffic; semi -trailers parking on lot overnight are generating noise complaints from citizens 79 -5 Cease all parking and storage of vehicles on vacant lot 78 -329 Sod all bare areas of lot and provide irrigation per City code Code Officer : Michael Williams C . Case No . 10.06.3839 Property Owner Irenaldo and Quirina Garcia 1120 11 th Court Palm Beach Gardens V iol ation Location: 1120 11 th Court Palm Beach Gardens PCN: 52434207180991120 LEGAL: SANDALWOOD ESTATES LOT 1120 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Repair and/or replace broken and missing boards on courtyard fence; repair so not to be leaning and when repairs are made clean so not to show signs of deterioration and weathering. Code Officer : Robert Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 24, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 3.24.11 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 pr oceedings, including the testimony and eviden ce presented at this hearing. The City does not provide such a record. 9 IV. STIPULATION (NONE) V. FINE REDUCTION HEARING A . Case No . 11.01.4259 Property Owner Danlen, Inc. 2401 PGA Blvd, Ste 280 Palm Beach Gardens V iol ation Location: 2401 PGA Blvd, Ste 160 Palm Beach Gardens PCN: 52434205000001460 LEGAL: 5 -42 -43, ELY 500.97 FT OF W 627.17 FT OF NLY 207.10 FT, ELY 206.05 FT OF W 322.05 FT OF S 808.52 FT OF N 101 5.62 FT & ELY 775.09 FT OF W 901.29 FT OF SLY 302.53 FT LYG BET Code Section Violated: FBC 110.1.1 Building Occupancy Corrective Action : Due to the irreversible & irreparable nature of this violation for the UMI Fishbar & Grill located in Suite 160, Code Enforcement Special Magistrate will set forth ruling; cease and desist occupancy of outdoor/indoor bar area until permit BOUT -10 -11 - 001058 has been issued a certificate of occupancy Code Officer : Ismael Vasquez VI. FORECLOSURE AUTHORIZATION HEARING (NONE)