HomeMy WebLinkAboutMinutes CESM 080105CITY OF PALM BEACH GARDENS
SPECIAL MASTERS HEARING
MINUTES
AUGUST 1, 2005
The August 1, 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,
Code Enforcement Supervisor, KelvinWise, Code Enforcement Officers Joseph Madden,
Perry Davis, and Louis Zeitinger. City Attorney Christine Tatum was not present.
L SWEARING IN
The Special Master swore in those present who wished to speak
II. REPORT FROM CODE ENFORCEMENT ADMINISTRATOR:
Code Enforcement Supervisor, Kelvin Wise, reported that the first Monday in
September is Labor Day and asked the Special Master if he wanted to postpone
the meeting or set it for another day. Upon the suggestion of the Code
Enforcement Supervisor, the Special Master set September 12, 2005 as a
Workshop meeting with Staff.
Code Enforcement Supervisor, Kelvin Wise reported. that Case # 05 -263, Miller's
Ale House has complied and therefore the case will not be heard at this hearing.
In addition, Kelvin Wise also reported Case 05 -319 will not be heard. This
case involves inoperable vehicles located on 40`h terrace. He stated that while
doing further research, the property that the vehicles are located on is actually a
60 foot road right of way owned by the county. Therefore, the vehicles will be
removed by the Police Department. The respondent was informed of this
decision.
III. VIOLATION CASES:
IV.
A. Case No.
04 -628
Property Owner:
Diana M. Booth
4356 Arbor Way
Palm Beach Gardens, Florida 33410
Violation Location:
4356 Arbor Way
Palm Beach Gardens, Florida 33410
Code Section Violated:
78 -393 Parking and Storage Restrictions for Commercial Vehicles
Violation Description:
Parking and Storage of a Commercial Vehicle
Code Enforcement Officer:
Joe Madden
Code Enforcement Supervisor, Kelvin Wise, stated that this Respondent is a repeat
offender. He stated that she was brought before the Special Master in December 2004 and
a cease and desist order was issued.
Code Enforcement Officer, Joseph Madden, presented the case to the Special Master. He
stated that on July 22, 2005 during a routine inspection on Arbor Way, a large tractor
trailer was parked in front of 4356 Arbor Way. A notice of hearing was issued to the
Respondent. Code Enforcement Supervisor asked Joseph Madden if he had received any
complaints regarding the tractor trailer. Joseph Madden stated that he had one complaint
regarding the tractor trailer coming and going on Arbor Way. Kelvin Wise asked if he
observed the tractor trailer at the residence before issuing the notice of hearing. Officer
Madden stated that there was one other occasion he did see the tractor parked at the
Respondent's home. Mr. Wise asked if this was the same tractor that was cited in
December 2004 and Officer Madden stated that it is. Officer Madden stated that he spoke
with the driver of the tractor and informed him that he was not allowed to keep the tractor
at the residence. He also called the police department because the owner of the tractor
was speaking rudely to him. The driver of the truck told him that as long as he had his
blinkers on that he could stay parked there. When the driver heard Officer Madden called
the police, he left and parked the truck behind ABC Liquors on Northlake Blvd.
Kelvin Wise presented the Special Master with a copy of the occupational license for the
tractor trailer. He stated the conditions on the license state that the vehicle may not be
parked at the residence on Arbor Way. The occupational license was submitted into
evidence as Exhibit One. Mr. Wise also submitted an affidavit that goes along with every
home based occupational license. The affidavit lists 17 conditions for an occupational
license to be issued at a residence. The affidavit was also entered into evidence as
Exhibit Two. He discussed several conditions on the affidavit that he feels are being
violated. Mr. Wise questioned Officer Madden about how the truck was parked on the
street. Mr. Madden stated that cars that were driving eastbound on Arbor Way had to
drive into the westbound lane to get around the truck.
The Respondent, Diane Booth, told the Special Master that the vehicle was only parked
there temporarily. She stated that the driver of the truck also lives at the residence and he
had just pulled up when Officer Madden arrived. She said the vehicle was not being
parked or stored there. The driver went in the house for a few minutes to pick up fuel
money. She said that the police officer did not cite her because the officer did not find a
violation. She stated the truck was parked there for no longer than five minutes. She
added at the truck was parked in the street and not on her property.
Code Enforcement Supervisor gave his recommendation to the Special Master. He asked
the Special Master to find that the Respondent is a repeat violator and fine her $500.00.
The Special Master asked Officer Madden to explain what transpired again. Officer
Madden repeated the story and stated he felt that the vehicle was in the road for about 6
to 7 minutes. The Respondent stated there are no laws that state she cannot have the
truck in the street. She reiterated that the police officer stated that she did not break the
law and did not cite her.
The Special Master stated that he is not going to fine her $500.00 because it was only
parked there for 5 or 6 minutes but he is going to fine her $250.00 for breaking the cease
and desist order. He told her she cannot park the truck in front of the house for any
period of time.
B. Case No.
05 -275
Tenant
Bank One
3399 PGA Boulevard
Palm Beach Gardens, Florida 33410
Property_ Owner:
Palm Beach Gardens Properties, Inc.
Fred Cohen, Registered Agent
712 US Highway One
North Palm Beach, Florida 33408
Code Section Violated:
30 -36 A &B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Signals
Code Enforcement Supervisor:
Kelvin L. Wise
Code Enforcement Supervisor, Kelvin Wise, presented this case to the Special Master.
He stated that Police Officer Julius Barone referred this case to Code Enforcement on
May 4, 2005 as a result of failure by the Respondent to pay the service fee assessed for 5
excessive false alarms between April 2004 and April 2005. Officer Barone issued a
warning notice on March 24, 2005. Due to a lack of response, a notice of violation was
issued on May 4, 2005 giving the Respondent 30 days to comply. The Respondent did
not comply within the 30 days and a notice of hearing was issued on July 19, 2005. To
date, there has been no communication with Bank One. The total amount due is $125.00.
The Special Master adopted the City's recommendation to pay the $125.00 service fee
within 10 days.
C. Case No.
05 -264
Property Owner:
Mandev Properties, Inc.
C/O Michael Wolfe, Registered Agent
9810 Alternate Al A, Suite 105
Palm Beach Gardens, Florida 33410
Tenant
Blockbusters Video
Violation Location:
9810 Alternate AIA
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A &B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Signals
Code Enforcement Supervisor:
Kelvin L. Wise
Kelvin L. Wise, Code Enforcement Supervisor, presented this case to the
Special Master. This case was referred to Code Enforcement by Police Officer
Julius Barone on April 18, 2005 as a result of failure by the respondent to pay
the service fee asset for 21 excessive false alarms between May 2004 and
April 2005. The Respondent was notified with a warning notice on August 20,
2004. Due to a lack of response, a notice of violation was issued on May 2,
2005 which gave them 30 days to comply. The respondent did not comply
within 30 days. A notice of hearing was issued on July 19, 2005. Mr. Wise
stated that staff recommends the Respondent be found of violation Sections
30 -36 A & B Excessive False Alarm Signals Limited and that the Special
Master orders the Respondent to pay the service fee of $525.00 within 10 days
of this hearing or be fined at the rate of $250.00 for each day the service fee
remains unpaid. The Special Master adopted the City's recommendation.
D. Case No.
05 -05 -07
Property Owner:
Hamilton Jewelers
2542 US HWY 1
Lawrenceville, New Jersey 08648
Tenant
Hamilton Jewelers
Violation Location:
3101 PGA Boulevard, Suite N205
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A &B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Signals
Code Enforcement Supervisor:
Kelvin L. Wise
Code Enforcement Supervisor, Kelvin Wise presented this case to the Special Master.
Police Officer Julius Barone referred this case to Code Enforcement on April 18, 2005 as
a result of failure by the Respondent to pay the service fee assessed for 23 false excessive
false alarms between May 2004 and April 2005. The Respondent was notified with a
warning notice on August 2, 2004 and due to a lack of response a notice of violation was
issued on June 15, 2005 giving 30 days to comply. Notice of hearing was issued on July
19, 2005. On July 7, 2005, a letter was received from Joanna Morgan, the Assistant Store
Manager, stating that 7 of the cited 23 false alarms were due to circumstances beyond
their control and they requested the service fee be adjusted accordingly. In a telephone
conversation on July 20, 2005 it was requested that they provide additional
documentation to support their claim and staff would review it for consideration. To
date, the written documentation has not been received. Mr. Wise stated that prior to this
hearing the representative from Hamilton Jewelers did provide him with additional
background information to review. Mr. Wise stated that he is comfortable that the 7 false
alarms in question were out of their control, but the other false alarms should be paid.
The service fee would be $450.00.
Mr. James Soltez from Hamilton Jewelers asked the Special Master to reduce the fine
because the 7 false alarms were beyond their control. He also stated that they were
setting up a new alarm system and that 13 of the alarms were during the period of the
installation. Kelvin Wise stated that staff will agree to reduce the amount of false alarms
to 15. The Special Master agreed to these terms. The amount of the service fee is
$375.00 and is to be paid with 10 days.
E. Case No.
05 -06 -10
Respondent:
Victoria's Secret Store, Inc.
4 Limited Parkway
Columbus, Ohio 43230
Tenant
Victoria Secret
Violation Location:
3101 PGA Boulevard, Suite Fl 13
Palm Beach Gardens, Florida 33410
Code Section Violated:
30 -36 A &B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarm Signals
Code Enforcement Supervisor:
Kelvin L. Wise
Code Enforcement Supervisor, Kelvin Wise presented this case to the Special Master.
Police Officer Julius Barone referred this case to Code Enforcement on April 18, 2005 as
a result of failure by the respondent to pay the service fee assessed for 5 false excessive
false alarms between April 2004 and January 2005. Kelvin Wise stated that staff
recommends that the Respondent be found in violation of Code Section 30 -36 A & B
Excessive False Alarm Signals Limited and that the Special Master enter into a Final
Order that the Respondent pay the service fee of $125.00 within 10 days of the hearing or
be fined at the rate of $250.00 for each day the service fee remains unpaid. The Special
Master said he would like to give 30 days to pay the fee and then charge then $250.00 per
day for the unpaid service fee.
V. RELEASE OF FINAL ORDER- Case file not available for review
Case No. Book -9876 / Page - 996
97 -332
Property Owner
Charles and Katherine Daggs
10659 Montrose Avenue #203
Bethesda, Maryland 20814
Violation Location:
8776 Citation Drive
Palm Beach Gardens, Florida 20814
Code Section Violated:
118 -508 Restricted Motor Vehicles
Violation Description:
Unlicensed trailers parked and stored on property
Code Enforcement Supervisor, KelvinWise, stated that the file is not available due to the
age of the case. He stated that the database indicates that the Respondent did comply. It
is showing that the final order was recorded and it is now showing as a lien on the
property. The Special Master agreed to release the final order and the lien.
V. APPROVAL OF MINUTES
The Special Master approved the minutes from the June 6, 2005 meeting.
Kelvin Wise introduced Rob Hirschberg who is a new volunteer in the Code Enforcement
Department.
APPROV
K in M. Wagner
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ZRossalieland
Special Master's Secretary
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Date