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HomeMy WebLinkAboutAgenda CESM 120611CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, 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: 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 . 11.10.5053 Property Owner CSC Tanglewood LTD 40 Randall Ave Freeport, NY 11520 V iolation Location: 4205 Union Square Blvd - Building Palm Beach Gardens PCN: 52424212000001130 LEGAL: 12 -42 -42, TH PT OF S 825 FT OF N ½ OF NE ¼ K/A PAR 12 (LESS PARS MEAS 5 FT X 60 FT K/A PARS A, B & C) & PAR 14 Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $230 on or before 12/02/2011. Police Officer: Julius Barone CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 2 B. Case No . 11.10.5059 Property Owner Como Properties LLC 2925 PGA Blvd Palm Beach Gardens V iolation Location: 2925 PGA Blvd - 200 Palm Beach Gardens PCN: 52434205260270051 LEGAL: REGIONAL CENTER PARS 27.05, 27.06 & 27.R02 PAR 27.05 (LESS SLY 341.55 FT OF ELY 140.94 FT IN OR14583P876) Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $215 on or before 1 2/02/2011. Police Officer: Julius Barone CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 3 C. Case No . 11.10.5032 Property Owner Jack C Harrison Tr 4290 Northlake Blvd Palm Beach Gardens V iolation Location: 4290 Northlake Blvd Palm Beach Gardens PCN: 52424224120000010 LEGAL: NORTHLAKE COMMERCIAL COND UNIT 1 Code Section Violated: 78 -329 Maintenance 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : 78 -329 Replace mulch missing from planting areas (comply w ith attached 78 -322 (c) code); irrigation needs to be functional; remove invasive exotics and seedling Sabal Palms; replace missing Hibiscus hedge at north buffer along Northlake Blvd; replace Hibiscus hedge west side of parking area in poor condition; rep lace missing Hibiscus hedges from east property line; replace missing Bouganvillea around monument sign; for further details and clarification please contact City Forestry Technician Ray Caranci at 799.4239 79 -5 Straighten and repair leaning monument sign so that in a state of good repair; clean and repaint monument sign, path walkway and concrete fencing where needed to show no evidence of stains, deterioration or discoloration; replace missing numbers and lettering on monument sign; replace missing roof t iles Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 4 D. Case No . 11.10.5033 Property Owner Realmed Inc 4300 Northlake Blvd Palm Beach Gardens V iolation Location: 4300 Northlake Blvd Palm Beach Gardens PCN: 52424224120000020 LEGAL: NORTHLAKE COMMERCIAL COND UNIT 2 Code Section Violated: 78 -329 Maintenance 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : 78 -329 Replace mulch missing from planting areas (comply with attached 78 -322 (c) code); irrigation needs to be functional; remove invasive exotics and seedling Sabal Palms; replace missing Hibiscus hedge from west property line; replace missing and poor condition Hibiscus hedges at north and east side; for further details and clarifica tion please contact City Forestry Technician Ray Caranci at 799.4239 79 -5 Cut, mow, trim, clean, and keep maintained all lawn/landscaping areas (including section west of building near concrete fencing and tree branches overhanging handicap parking space); clean and repaint concrete fencing and path walkway where needed to show no evidence of stains, deterioration, or discoloration Police Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 5 II. VIOLATION CASES A. Case No . 11.10.5079 Property Owner Carol Dardick 117 Palm Bay Drive Palm Beach Gardens V iolation Location: 117 Palm Bay Drive – Unit D Palm Beach Gardens PCN: 52424213270000174 LEGAL: PALM BAY CLUB CONDOMINIUM UNIT 17D Code Section Violated: 14 -6 Animals creating a nuisance Corrective Action : Adhere to above code and maintain; refrain dog from continuously barking and becoming a nuisance for neighboring properties; Special Magistrate will set forth ruling Code Officer: Alex Lopez B. Case No . 11.11.5146 Property Owner 40 TH LLC 2597 Hinda Rd Lake Park, FL 33403 V iolation Location: 8563 40 th Ter 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 NE1/4 Code Section Violated: 14 -1 Domesticated household pets 14 -6 Animals creating a nuisance Corrective Action : Violations are Irreversible and Irreparable in nature. Adhere to above code and maintain; Code Enforcement Special Magistrate will set forth ruling Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 6 C. Case No . 11.07.4843 Property Owner Fabian and Mesa Perez 3203 Meridian Way N Palm Beach Gardens V iolation Location: 3203 Meridian Way N Palm Beach Gardens PCN: 52434207024080291 LEGAL: MERIDIAN PARK PT OF LT 8 BLK 4 IN OR2506P940 A/K/A UNIT A BLDG 29 OF SANDALWOOD Code Section Violated: 78 -377 Mechanical and service equipment screening Corrective Action : Air conditioning unit must be screened from public view as indicated by City ordinance Code Officer: Michael Williams D . Case No . 11.10.5100 Property Owner Niki Hospitality Inc. 10211 N 32 nd St Phoenix, AZ 85028 V iolation Location: 4123 Northlake Blvd Palm Beach Gardens PCN: 52424213000005140 LEGAL: 13 -42 -42, NLY 306.13 FT OF S 550 FT OF WLY 255 FT OF E 490.40 FT OF SE 1/4 Code Section Violated: 78 -328 Pruning Corrective Action : The improper pruning of seven (7) Sabal Palms and three (3) Live Oaks are irreversible and irreparable in nature; Code Enforcement Special Magistrate will set forth ruling Code Officer: Alex Lopez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 7 E . Case No . 11.02.4364 Property Owner Sandalwood Homeowners Assn 2950 Jog Rd Greenacres, FL 33467 V iolation Location: 3167 Gardens East Dr Palm Beach Gardens PCN: 52434207020010030 LEGAL: MERIDIAN PARK LOTS 3, 4, 5, 6, 7, 8 & 9 (LESS BLDGS 1 TO 8 INC & BLDGS 52 TO 62 INC AS SHOWN ON SITE PLAN OF SANDALWOOD) BLK 1 Code Section Violated: 78 -334 Nonconforming landscape areas Corrective Action : Consult with City Forester at 799.4259 for suitable species, location, size, and replacement of the dead/dying tree in the common area of the Sandalwood Community; must be in place by October 11, 2011 Code Officer: Robert Williams F . Case No . 11.07.4802 Property Owner Anthony L Capute 15267 75 th Ave N Palm Beach Gardens V iolation Location: 3227 Gardens East Dr Palm Beach Gardens PCN: 524342 07021060521 LEGAL: MERIDIAN PARK PT OF LT 6 BLK 1 IN OR2589P408 A/K/A UNIT A BLDG 52 OF SANDALWOOD Code Section Violated: 78 -377 Mechanical and service equipment screening Corrective Action : Air conditioning unit must be screened from public view as indicated by City ordinance Code Officer: Robert Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 8 G . Case No . 11.08.4903 Property Owner Jackie Dudkiewicz 217 Park Ave Lake Park, FL 33403 V iolation Location: 8617 40 th Terrace N Palm Beach Gardens PCN: 52424224000001391 LEGAL: 24 -42 -42 -N 106 FT OF S 689 FT OF W 179.09 FT OF E 330 FT OF NE 1/4 Code Section Violated: FBC 104.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordanc e with the provisions of this code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. FBC 104.5.1 When the building official determines a building, structure, electrical, gas, mechanical, or plumbing system or portion thereof is unsafe, as set forth in this Code, or in reference to the International Property Maintenance Code, current edition, promulgated by the International Code Council, Inc., he/she shall, in accordance with established procedure for legal notices, give the owner, agent, or person in control of such building, structure, electrical, gas, mechanical, or plumbing system written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the b uilding, structure, electrical, gas, mechanical, or plumbing system or portion thereof. The building official shall refer to the International Property Maintenance Code exclusively for safety purposes and not for aesthetic purposes, and only as to structur al, electrical, gas, mechanical, or plumbing deficiencies. For the purposes of protecting life, health, property, and ensuring public safety, enforcement activity by the building official shall be limited to Chapter 2, Chapter 3 - Sections 303, 304 (exclud ing 304.3), 305, and 306, Chapter 4, Chapter 5, and Chapter 6 of the IPMC. Corrective Action : Obtain permits as required within 30 days and effectuate repairs within 60 days of permitting; see attached exhibit for IPMC violations and details; for further clarification and inspections please contact City Building Official Steve Kennedy at 799.4295 Code Officer: Ismael Vasquez CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 9 H . Case No . 11.10.5030 Property Owner Peter and Debra Quinn 3150 San Michele Dr Palm Beach Gardens V iolation Location: 3150 San Michele Dr Palm Beach Gardens PCN: 52424125010000350 LEGAL: SAN MICHELE LT 35 Code Section Violated: 78 -661 Performance standards Corrective Action : Maintain a/c units to meet the performance standards set in the City Ordinance Code Officer: Robert Williams I . Case No . 11.10.5042 Property Owner McPhail Assoc PO Box 3369 Duluth, GA 30096 V iolation Location: 3169 Northlake Blvd Palm Beach Gardens PCN: 52434218160000010 LEGAL: NORTHLAKE SQUARE PL WLY 247.74 FT A/K/A PAR 1 Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $630 on or before 12/02/2011 Police Officer: Julius Barone CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 10 J . Case No . 11.10.5099 Property Owner GLL US Retail LP 200 S Orange Ave Orlando, FL 32801 V iolation Location: 11320 Legacy Ave - 100 Palm Beach Gardens PCN: 52434206200010000 LEGAL: LEGACY PLACE COMMERCIAL REPL TR A K/A DEVELOPMENT Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $110 on or before 12/02/2011 Police Officer: Julius Barone K . Case No . 11.10.5043 Property Owner DDRM Northlake Commons LLC 3300 Enter prise Pkwy Cleveland, OH 44122 V iolation Location: 3870 Northlake Blvd Palm Beach Gardens PCN: 52434219160020000 LEGAL: CROSSROADS AT NORTHLAKE PAR B K/A COMMERCIAL Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $110 on or before 12/02/2011 Police Officer: Julius Barone CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 11 L . Case No . 11.10.5054 Property Owner Gardens East Plaza LTD 9810 Alt A1A Palm Beach Gardens V iolation Location: 9910 Alt A1A - 701 Palm Beach Gardens PCN: 52434207260090000 LEGAL: GARDENS EAST PLAZA TR 9 Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $380 on or before 12/02/2011 Police Officer: Julius Barone M . Case No . 11.10.5106 Property Owner Harvey and Mary Shiflet 1529 Duke of Windsor Rd Virginia Beach, VA 23454 V iolation Location: 100 Abondance Dr Palm Beach Gardens PCN: 52434131080000430 LEGAL: FRENCHMANS RESERVE PCD PL A LT 43 Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $145 on or before 12/02/2011 Police Officer: Julius Barone CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 12 N . Case No . 11.10.5083 Property Owner Kristine Polo 4328 Gardenia Dr Palm Beach Gardens V iolation Location: 4328 Gardenia Dr Palm Beach Gardens PCN: 52424212010700080 LEGAL: CITY OF P B GARDENS NO 6 LOT 8 BLK 70 Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $110 on or before 12/02/2011 Police Officer: Julius Barone O . Case No . 11.10.5089 Property Owner Congress Plaza West 101 Plaza Real S Boca Raton, FL 33432 V iolation Location: 3190 Northlake Blvd Palm Beach Gardens PCN: 52434219190010000 LEGAL: NORTHLAKE SQUARE WEST PT LYG WITHIN CITY OF PALM BEACH GARDENS BOUNDARY Code Section Violated: 30 -39 Excessi ve false alarm signals limited Corrective Action : Cease excessive false alarm activity and pay fine of $280 on or before 12/02/2011 Police Officer: Julius Barone CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 13 P . Case No . 11.11.5133 Property Owner William McMenimon 802 Floret Dr Palm Beach Gardens V iolation Location: 802 Floret Dr Palm Beach Gardens PCN: 52434131150000280 LEGAL: FRENCHMANS RESERVE PCD PL E LT 28 Code Section Violated: 303.1 Swimming pools Corrective Action : Clean pool water and keep maintained Code Officer: Ismael Vasquez III. FINE ASSESSMENT /STATUS HEARING A. Case No . 09 -12 -3383 Property Owner Cheryl A Gomes 10339 Daphne Ave Palm Beach Gardens V iolation Location: 10339 Daphne Ave Palm Beach Gardens PCN: 52434207010510010 LEGAL: CITY OF PALM BEACH GARDENS 5 LOT 1 BLK 51 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action : Keep yard trimmed, cut, pruned, and maintained on a regular basis so not to be in an overgrown state; eliminate rat population so not to be a hazard to this or neighboring properties Code Officer: Robert Williams CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING DECEMBER 06, 2011 COUNCIL CHAMBERS 2:00PM Special Magistrate 12.06.11 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 proceedings, including the testimony and evidence presented at this hearing. The City does not provide such a record. 14 B . Case No . 11.02.4393 Property Owner Wilfredo and Miriam Rivas 8500 Sunset Dr Palm Beach Gardens V iolation Location: 8500 Sunset Dr Palm Beach Gardens PCN: 52424224000001290 LEGAL: 24 -42 -42, N 100 FT OF S 1155.21 FT OF E ½ OF W ½ OF E ¼ OF NE ¼ (LESS W 15 FT RD R/W) Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscapi ng Corrective Action : Repair both driveway section on property (possible permits required; contact City Building Department at 799.4210); repaint exterior walls where needed to show no evidence of discoloration/fading/peeling Code Officer: Ismael Vasquez IV. FINE REDUCTION HEARING (NONE) V. STIPULATION (NONE) VI. FORECLOSURE AUTHORIZATION HE ARING (NONE)