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HomeMy WebLinkAboutAgenda CESM 011712CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM Special Magistrate: Code Enforcement Attorney: Operations Director: Code Supervisor: Recording Secretary: Code Officers: L REPEAT VIOLATION CASES A. Case No. 11.10.5033 Property Owner Realmed Inc 4300 Northlake Blvd Palm Beach Gardens Violation Location: 4300 Northlake Blvd Palm Beach Gardens Kevin Wagner Abigail Jorandby 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: 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 clarification please contact City Forester 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 Code Officer: Ismael Vasquez 1 Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM II. VIOLATION CASES A. Case No. 11.11.5143 Property Owner Scott Guli 7104 Myrtlewood Circle W Palm Beach Gardens Violation Location: 7104 Myrtlewood Circle W Palm Beach Gardens PCN: 52424125160071040 LEGAL: FIORE AT THE GARDENS CONDOMINIUM UNIT 7104 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 f grip (lffirPr- Alex Lopez B. Case No 11.12.5158 Property Owner Burns Road Associates LTD 3300 PGA Blvd #350 Palm Beach Gardens Violation Location: 4151 Burns Road Palm Beach Gardens PCN: 52424212000001040 LEGAL: 12- 42 -42, SLY 480 FT OF ELY 823.66 FT OF SE 1/4 OF NLY 1/4 LYG W OF & ADJ TO I -95 & N OF & ADJ TO BURNS RD R/WS (LESS S 50 FT BURNS RD R/W) Code Section Violated: 78 -187 Special events Corrective Action: Due to the irreversible and irreparable nature of the violation for the Special Event held without a permit, Code Enforcement Special Magistrate will set forth ruling Code Officer: Ismael Vasquez 01 Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM C. Case No. 11.02.4325 Property Owner Gardens Medical Pavilion LLC 2801 PGA Blvd Palm Beach Gardens Violation Location: 3401 PGA Blvd Palm Beach Gardens PCN: 52434206000003040 LEGAL: 6- 42 -43, TH PT OF NW 1/4 LYG N OF & ADJ TO PGA BLVD & W OF & ADJ TO FAIRCHILD GARDENS AVE Code Section Violated: 78 -290 Temporary signs allowed Corrective Action: Apply for, receive approval, and obtain permit for temporary "AW Property Co" leasing /management sign or remove from property Code Officer: Robert Williams 3 Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM D. Case No. 11.09.4996 Property Owner PGA Marina Center 2401 PGA Blvd Palm Beach Gardens Violation Location: 2361 PGA Blvd Palm Beach Gardens PCN: 52434205000001100 LEGAL: 5- 42 -43, SLY 258.22 FT OF ELY 466.07 FT OF SE 1/4 OF NE 1/4 LYG W OF & ADJ TO FIND CNL & N OF & ADJ TO SR 786 R/WS K/A PAR B IN OR10207P1593 Code Section Violated: 78 -284 Prohibited signs and prohibited sign locations 78 -276 Permits required, fees, and revocation 78 -285 Permitted signs Corrective Action: 78 -284 Remove the prohibited awning signage and window pictures that cover more than the permitted amount of window area on west side of building to be compliant with the City ordinance 78 -276 Apply for, receive approval, and obtain building permit for the sign attached to the roof in front of the business or remove from property 78 -285 Apply for, receive approval, and obtain building permit for the vinyl window signage on business Code Officer: Robert Williams m Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM E. Case No. 11.09.5001 Property Owner PGA Marina Center 2401 PGA Blvd Palm Beach Gardens Violation Location: 2359 PGA Blvd Palm Beach Gardens PCN: 52434205000001100 LEGAL: 5- 42 -43, SLY 258.22 FT OF ELY 466.07 FT OF SE 1/4 OF NE 1/4 LYG W OF & ADJ TO FIND CNL & N OF & ADJ TO SR 786 R/WS K/A PAR B IN OR1020791593 Code Section Violated: 78 -276 Permits required, fees, and revocation 78 -285 Permitted signs Corrective Action: 78 -276 Apply for, receive approval, and obtain building permit for the sign attached to the roof in front of the business or remove from property 78 -285 Apply for, receive approval, and obtain building permit for the vinyl window signage on business CaflP Offiri r- Robert Williams F. Case No. 11.07.4838 Property Owner Scott and Tracy Renshaw 3213 Meridian Way N Unit C Palm Beach Gardens Violation Location: 3213 Meridian Way N Unit C Palm Beach Gardens PCN: 52434207024090283 LEGAL: MERIDIAN PARK PT OF LT 9 BLK 4 IN OR2508P167 A/K /A UNIT C BLDG 28 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 Z Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM G. Case No. 11.08.4980 Property Owner Lynn Sissell 282 Cherry Street Palm Beach Gardens Violation Location: 282 Cherry Street Palm Beach Gardens PCN: 52434218030060240 LEGAL: PL 1 PALM BEACH GARDEN ESTS LT 24 BLK 6 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Paint all faded, dirty and /or peeling areas to home exterior; trim all trees, hedges that reflect overgrowth; cut all high grass and weeds throughout entire property and maintain ongoing; repair all hurricane protection that is broken or in a state of disrepair Code Officer: Michael Williams H. Case No. 11.10.5088 Property Owner John Dacey 6 Howard Road Maynard, MA 01754 Violation Location: 276 Riverside Drive Palm Beach Gardens PCN: 52434218030160060 LEGAL: PL 1 PALM BEACH GARDEN ESTS LT 6 BLK 16 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Corrective Action: Paint all faded, peeling and /or dirty areas of home exterior; treat entire property for rats, fill holes in ground which is a breeding ground for rats; trim all trees, hedges, plantings throughout entire property; remove all trash and debris from entire property; cut all high grass and /or weeds throughout entire property and maintain ongoing Code Officer: Michael Williams Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM I. Case No. 11.10.5089 Property Owner Congress Plaza West 101 Plaza Real S Boca Raton, FL 33432 Violation 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 Excessive false alarm signals limited Corrective Action: Cease excessive false alarm activity and pay fine of $280 on or before 01/16/2012 Police Officer: Julius Barone J. Case No. 11.11.5124 Property Owner August Schnabel Bodo 1824 Flower Drive Palm Beach Gardens Violation Location: 1824 Flower Drive Palm Beach Gardens PCN: 52424125060000460 LEGAL: EVERGRENE PCD PL 5 LT 46 Code Section Violated: 30 -39 Excessive false alarm signals limited Corrective Action: Cease excessive false alarm activity and pay fine of $260 on or before 12/30/2011 Police Officer: Julius Barone %I Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM K, Case No. 11.12.5157 Property Owner GLL US Retail LP 200 S Orange Ave Orlando, FL 32801 Violation Location: 11290 Legacy Ave Palm Beach Gardens PCN: 52434206200010000 LEGAL: LEGACY PLACE COMMERCIAL REPL TR A K/A DEVELOPMENT Code Section Violated: 74 -66 Spills and dumping Corrective Action: Any discharge to the storm water system that is not composed entirely of storm water is prohibited; on December 2, 2011 it was observed that employees of Sal's Italian Ristorante cleaning the grills in the back and dumping the grease and cleaning solution into the storm water inlet; this violation is deemed irreversible and irreparable in nature Code Officer: Michael Williams Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM III. FINE ASSESSMENT /STATUS HEARING A. Case No. 11.10.5032 Property Owner Jack C Harrison Tr 4290 Northlake Blvd Palm Beach Gardens Violation 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 with 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; replace 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 tiles Code Officer: Ismael Vasquez I Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM B. Case No. 11.08.4903 Property Owner Jackie Dudkiewicz 217 Park Ave Lake Park, FL 33403 Violation Location: 861740 t 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 accordance 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 building, 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 structural, 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 (excluding 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 10 Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM C. Case No. 11.07.4757 Property Owner Get Gas & Go Ltd Co 9031 N Military Trail Palm Beach Gardens Violation Location: 9031 N Military Trail Palm Beach Gardens PCN: 52424213000007161 LEGAL: 13- 42 -42, NLY 185.01 FT OF S 235 FT OF 2 183 FT OF E 250 FT OF SE' /4 OF SW 1/4 (LESS E 9 FT & TRGLE COR SR 809 R/W) Code Section Violated: 78 -377 Mechanical and service equipment screening Corrective Action: A/C units must be screened per code; contact Planning & Zoning at 561.799.4230 for details Code Officer: Alex Lopez D. Case No. 11.10.5030 Property Owner Peter and Debra Quinn 3150 San Michele Dr Palm Beach Gardens Violation 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 11 Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM E. Case No. 11.11.5133 Property Owner William McMenimon 802 Floret Dr Palm Beach Gardens Violation 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 IV. FINE REDUCTION HEARING A. Case No. 10.06.3809 Property Owner Lannette and Kenneth Newlon 365 Riverside Drive Palm Beach Gardens Violation Location: 365 Riverside Drive Palm Beach Gardens PCN: 52434218030140090 LEGAL: PLAT 1 PALM BEACH GARDEN ESTS LT 9 BLK 14 Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping 54 -58 Placement for collection Corrective Action: 79 -5 Cut all high grass and /or weeds; remove outdoor storage from public view; remove all trash and /or debris from property including front and side yards 54 -58 Garbage cans cannot be maintained in side yard of property; must be maintained per code Code Officer: Michael Williams 12 Special Magistrate 1. 17.12 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 JANUARY 17, 2012 COUNCIL CHAMBERS 2:OOPM B. 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 V. STIPULATION (NONE) VI. FORECLOSURE AUTHORIZATION HEARING (NONE) 13 Special Magistrate 1. 17.12 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.