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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 ecial M ter ZRossalieland Special Master's Secretary ialo5 Date