HomeMy WebLinkAboutMinutes CESM 050205CITY OF PALM BEACH GARDENS
SPECIAL MASTERS HEARING
May 2, 2005
The May 2, 2005, City of Palm Beach Gardens Code Enforcement Special Master's
Hearing was called to order at 5:30 PM in the City Council Chambers of the Municipal
Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida.
The roll was called by the secretary. In attendance were Special Master Kevin Wagner
and Code Enforcement, Supervisor Kelvin Wise. Code Enforcement Officers Joseph
Madden, Robert Creston, Perry Davis and Louis Zeitinger were not present, having no
cases on the agenda. City Attorney Christine Tatum was not present.
I. SWEARING IN
The Special Master swore in those present who wished to speak.
II. REPORT FROM CODE ENFORCEMENT ADMINISTRATOR:
Next scheduled Code Enforcement Special Master Hearing: June 6, 2005
The Special Master's new contract will be brought before City Council on May
19, 2005.
III. COMPLIED CASES:
A. Case No.
05 -054
Respondent(s) / Defendant(s)
Sun Spectrum
Property Owner:
Danlen, Inc.
C/O Paul Thibadeau, Registered Agent
205 Worth Avenue
Palm Beach, Florida 33480
Violation Location:
2401 PGA Boulevard, Suite 136
Palm Beach Gardens, Florida 33410
Code Section Violated-
30-36 A& B Excessive False Alarm Signals Limited
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Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
B. Case No.
05 -188
Respondent(s) / Defendant(s)
Anspach W E JR TR
Property Owner:
Anspach W E JR TR
4500 Riverside Drive
Palm Beach Gardens, Florida 33410
Violation Location:
4500 Riverside Drive
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A& B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
C. Case No.
05 -105
Respondent(s) / Defendant(s)
Alta Pines Associates LLC
Property Owner:
Fiore at the Gardens, LLC
Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, Florida 32301 -2525
Violation Location:
4500 Riverside Drive
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A& B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
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D. Case No.
05 -187
Respondent(s) / Defendant(s)
Adelphia Cable
Property Owner:
John C. Bills Enterprises LTD
John W. Gary III, Registered Agent
3950 RCA Boulevard, Suite 500
Palm Beach Gardens, Florida 33410
Violation Location:
3950 RCA Boulevard
Code Section Violated:
30 -36 A& B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
E. Case No.
05 -114
Respondent(s) / Defendant(s)
Carmine's Deli
Property Owner:
Danlen, Inc.
C/O Paul Thibadeau, Registered Agent
205 Worth Avenue
Palm Beach, Florida 33480
Violation Location:
2401 PGA Boulevard, Suite 172
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A& B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
F. Case No.
05 -045
Respondent(s) / Defendant(s)
RBC Centura Financial Bank
Property Owner:
Joseph S. Karp, Registered Agent
Chatzky LLC
553 Greenway Drive
North Palm Beach, Florida 33408 -3737
Violation Location:
2875 PGA Boulevard
Code Section Violated:
30 -36 A & B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
G. Case No.
05 -056
Respondent(s) / Defendant(s)
Carmine's Flower
Property Owner:
Danlen, Inc.
C/O Paul Thibadeau, Registered Agent
205 Worth Avenue
Palm Beach, Florida 33480
Violation Location:
2401 PGA Boulevard, Suite 166
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A& B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
Code Enforcement Supervisor, Kelvin Wise reported that all of the above
cases have complied and paid their fines; therefore, they will not be heard
at this hearing. Kelvin Wise added an additional update on case number
05 -117- Old Palm Golf Club. Mr. Wise met with the new management
team and they have been brought up to date on the nature of the violations
and payment of the $325.00 fine is expected within 10 days of this
hearing.
IV. VIOLATION CASES:
A. Case No.
05 -053
Respondent(s) / Defendant(s)
Bryan Hass, MD
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Property Owner:
Danlen, Inc.
CIO Paul Thibadeau, Registered Agent
205 Worth Avenue
Palm Beach, Florida 33480
Violation Location:
2401 PGA Boulevard, Suite 150
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A& B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
The case file was submitted and accepted into evidence. Police Officer
Julius Barone was present to give testimony on this case. Officer Barone
stated that Dr. Hass' office had more than three violations throughout the
year and therefore was subject to pay a service fee of any calls over three.
Dr. Hass received warnings for the excessive alarms. There were a total
of ten false alarms. Since the code states they are allowed three, Dr. Hass
was cited for seven excessive alarms between the months of September
and October 2004. Officer Barone submitted the warning notice to Code
Enforcement and a notice of violation was issued to the property owner
and the tenant by U.S.P.S. certified mail. It was then discovered there
were errors in the property appraiser's records and all notices had to be
reissued. This is why this case has taken so long to come to hearing.
Dr. Bryan Hass presented his case to the Special Master. Dr. Hass stated
that the issue is not financial but it is principal based. Dr. Hass said he was
shocked to see that there were so many false alarms. The security
company will call him at home when the alarm goes off and he stated he
did not receive ten calls. He went over the list of the false alarms with
Officer Barone and found that six alarms took place in less than a 24 hour
period. Dr. Hass stated that this was right after the hurricanes and his
office was without power for many days. He stated the alarms system was
damaged from the storms and so was the back -up battery system. The
alarm was sending off signals without the alarms actually going off. As
soon as he found out about the problem he had it repaired and it was
verified that it was damaged due to the storms.
Kelvin Wise went over the record and stated that the first three violations
where in June and July, 2004. He stated that it does look like Dr. Hass is
correct and the alarms were from mechanical failure of the alarm due to
the storms. Kelvin Wise stated that the code does not make provisions for
mechanical problems or acts of God.
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Special Master stated that he does not have the authority waive the fine.
His job is enforcing the fine that is in place. Kelvin Wise stated that it is
not actually a fine that is due but a service fee for each alarm that was
answered. The Special Master stated that according to the code the
service fee is due and he is bound by the law to order the fees to be paid.
Dr. Hass said he was confused because he thought this process was to hear
his case and decide whether or not he was in violation. He said he made
up to ten calls to the City to get this straightened out and had no response.
He said that there has to be some due process for a citizen who feels he
was wrongly assessed. Special Master explained to him that the code
states that if the officer has to respond after the three allowed false alarms
there is a service fee. He explained that his position is to determine
whether or not there was a violation of code and the violation of code
alleged by the City is the doctor's failure to pay the service fee. The doctor
stated that they have been trying to contact the City with no return calls.
The doctor's office manager, Jennifer was in the audience and she stated
that she called 799 -4245 on 2/7/05, 2/10/05, 2/17/05, 4/7/05, 4/11/05, and
4/25/05 and left messages for Rossalind and she received one return call
and Rossalind stated that they needed to file an appeal. She stated she was
told that anything over three calls there was a service fee and that was all
the information she could get.
Kelvin Wise addressed the appeal process and said that first there has to
be a determination that a violation actually occurred then the respondent
can file an appeal with the City Manger. The Special Master took time to
read the code and stated that the Police Department has to enforce the
service fee and that the respondent has 30 days to appeal from the date the
decision was made.
Kelvin Wise suggested that the Special Master issue a Finding of Fact and
give Dr. Hass the opportunity to file an appeal with the City Manger based
on electronic /mechanical failure to the alarm due to the hurricanes.
Dr. Hass stated at this point he will pay the fine because he really doesn't
want to start the entire process over again. He feels the small amount of
money is not the issue but he could have been told during the past four
months of trying to get this resolved and he doesn't want to waste
anymore time in this matter. Kelvin Wise stated there was a breakdown in
communication but he feels that Dr. Hass did receive the information and
did keep asking the same question over and over. He apologized to Dr.
Hass for the miscommunication.
Special Master, Kevin Wagner issued a Finding of Fact that the alarms did
in fact go off but he is going to stay the service fees allowing Dr. Hass to
no
appeal to the City Manager.
The Special Master stated that he felt the City Manager should give the
Special Master the power to resolve these cases without the appeal
process. Kelvin Wise stated that part of his job is to determine parts of the
code that need to be re- evaluated. Kelvin said he will discuss this with the
Police Chief and get back with the Special Master.
Ardele Stoller, Property Manager for the Harbor Financial Center asked to
speak. She stated that she gets a lot of violations from the residents at
Harbor Financial and she wanted to make a suggestion to the City that the
violation notice be more explicit and give the phone number of someone
who will respond and return the phone calls or a back -up phone number.
Also, she suggested giving the tenant the option to appeal on the violation
notice.
Kevin Wagner stated that since he has been in this position he very rarely
comes across a case like this. He stated the Police Department is inundated
with false alarms and this is the way to handle the situation. He feels Dr.
Hass got caught in this situation and shouldn't have.
B. Case No.
05 -185
Respondent(s) / Defendant(s)
Garden East Apartments
Bunny Palmer, Property Manager
2750 Rio Vista Boulevard
Palm Beach Gardens, Florida 33410
Property Owner:
Town and Country Harrisburg Company
100 South Charles Street, Suite 1700
Baltimore, Maryland 21201 -2777
Violation Location:
2750 Rio Vista Boulevard- Leasing Office
Code Section Violated:
30 -36 A &B Excessive Flase Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
C. Case No.
05 -186
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Respondents) / Defendant(s)
Garden East Apartments
Bunny Palmer, Property Manager
2750 Rio Vista Boulevard
Palm Beach Gardens, Florida 33410
Property Owner:
Town and Country Harrisburg Company
100 South Charles Street, Suite 1700
Baltimore, Maryland 21201 -2777
Violation Location:
2750 Rio Vista Boulevard- Leasing Office
Code Section Violated:
30 -36 A &B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Activity
Code Enforcement Supervisor:
Kelvin L. Wise
Code Enforcement Supervisor, Kelvin Wise presented cases 05 -185 and
05 -186. Both cases are for the same Respondent and Property Owner. The
Respondent was not present at the hearing. There were twelve excessive
false alarms between September 2004 and February 2005. Warning
Notices were issued and payment was not received and the matter was
referred to Code Enforcement. Notice of Violation was issued to the
property owner and tenant via U.S.P.S. mail and service was confirmed
via return receipt. The property manager did inform staff that she was
unable to attend the hearing and that she disagreed with the response to
pay the fee. Kelvin Wise had another conversation with the property
manager on this date and she stated that she will be paying the service fee
and she needed an actual invoice from the City to present to her principals
in Maryland. The invoice was provided and they expect payment to be
received within 30 days.
The Special Master issued an order stating the Respondent will cease all
false alarm activity and pay the service fee of $300.00 for excessive false
alarms within 30 days or be fined at a rate of $100.00 per day for each day
the service fee is not paid for case number 05 -185. The same ordered will
be issued for 05 -186 in the amount of $375.00 for a total of $675.00 for
both cases.
N.
VII. ADMINISTRATIVE FINE /LIEN CERTIFICATION - Case file not available for
review
A. Case No. 96 -261 Release of Lien
Respondent(s) / Defendant(s)
William G. Lassiter Jr.
505 South Flagler Drive, Suite 1300
West Palm Beach, Florida 33401
Property Owner:
MDC PGA Plaza
3501 PGA Boulevard, Suite 210
Palm Beach Gardens, Florida 33410
Violation Location:
2566 PGA Boulevard
Palm Beach Gardens, Florida 33410
Code Section Violated:
110 -71 Temporary Signs Allowed
Code Enforcement Supervisor:
Kelvin L. Wise
B. Case No.
96 -261 Release of Final Order
Respondent(s) / Defendant(s)
William G. Lassiter Jr.
505 South Flagler Drive, Suite 1300
West Palm Beach, Florida 33401
Property Owner:
MDC PGA Plaza
3501 PGA Boulevard, Suite 210
Palm Beach Gardens, Florida 33410
Violation Location:
2566 PGA Boulevard
Palm Beach Gardens, Florida 33410
Book 9681/ Page 123
Book 9929/ Page 1777
The above cases are presented for release of lien and release of final order.
Kelvin Wise stated that the record keeping years ago was not up to par and
the final orders are not in the files. Therefore, they are requesting the
Special Master issue the final orders on the above cases. The properties
are either being sold or refinanced and need the final order in order to
close on the property. There is no record as to whether the fines have
been paid but since there is no record, staff is requesting release of the
liens.
The Special Master issued the final order for Case Numbers 96 -261 and
released the liens.
E
VII.
VIII.
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DISCUSSION
Reschedule the Special Masters July 4t" Hearing. The first Monday in
July is Independence Day. The next meeting will take place in August.
ADJOURN
There being no further business, the meeting was adjourned at 6:18 PM.
M. Wagner
Special Master's Secretary
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Date