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Home My WebLink AboutAgenda CESM 120604AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING December 6, 2004 COUNCIL CHAMBERS 5:30 P.M. 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 his hearing, such interested person may need a verbatim record of the proceedings made, including the testimony and evidence presented at this hearing. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Kevin Wagner, Special Magistrate Christine Tatum, City Attorney Kelvin L. Wise, Code Enforcement Supervisor Robert Creston, Code Enforcement Officer Joseph Madden, Code Enforcement Officer Perry Davis, Code Enforcement Officer Louis Zeitinger, Code Enforcement Officer QUASI - JUDICIAL PROCEEDINGS: The Code Enforcement Special Magistrate shall have the jurisdiction and authority to hear and decide alleged violations of the codes and ordinances enacted by the City of Palm Beach Gardens, including, but not limited to, the following codes: building, electrical, fire, gas, landscape, plumbing, sign, zoning and other similar type codes which may be adopted by the City of Palm Beach Gardens in the future which regulate aesthetics, construction, safety, use of property, or location of any structure on real property in the City of Palm Beach Gardens. This authority is granted via Ordinance No. 8 -1995, Section 1, " Jurisdiction ". AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING December 6, 2004 COUNCIL CHAMBERS 5:30 P.M. MINUTES: November 1, 2004 ORDER OF BUSINESS: The normal order of business for hearings of agenda items is as follows: Swearing in of City Staff Presentation and Testimony of Case by City Staff Swearing in of Defendant / Witnesses Testimony of Defendant / Witnesses Discussion of Case Motion on Floor Decision by Special Magistrate I. REPORT FROM CODE ENFORCEMENT ADMINISTRATOR: Next scheduled Code Enforcement Special Magistrate Hearing: January 3, 2004 H. POSTPONEMENTS: (NONE) III. COMPLIED CASES: Case No. 04-359 Respondent(s)/ Defendant(s) Alfred J. Malefatto Greenberg Trauig, P.A. 777 South Flagler Drive, Suite 300 East West Palm Beach, FL 33401 Property Owner C SC Union Square, Ltd. 250 S. Australian Avenue West Palm Beach, FL 33410 Violation Location Union Square Apartment Complex 4120 Union Square Blvd Palm Beach Gardens, FL 33410 Code Section Violated 2 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING December 6, 2004 COUNCIL CHAMBERS 5:30 P.M. FL Building Code 104.11 Installation of wooden play furniture without obtaining building permit or inspections Violation Description Installing wooden play furniture Code Enforcement Officer Kelvin Wise IV. VIOLATION CASES: A. Case No. 04 -628 Property Owner Diana Booth 4356 Arbor Way Palm Beach Gardens, FL 33410 Violation Location 4356 Arbor Way Palm Beach Gardens, FL 33410 Code Section Violated 78 -393: Parking and Storage Restrictions for Commercial Vehicles Description Parking and Storage Restrictions for Commercial Vehicles Code Enforcement Officer Joseph Madden B. Case No. 03 -748 Property Owner C SC Union Square, Ltd. 250 S. Australian Avenue West Palm Beach, FL 33410 Violation Location Union Square Apartment Complex 4120 Union Square Blvd Palm Beach Gardens, FL 33410 Code Section Violated 3 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING December 6, 2004 COUNCIL CHAMBERS 5:30 P.M. 78 -112: Failure to apply for a Building Permit Violation Description Tennis Court constructed without obtaining a Building Permit Code Enforcement Officer Louis Zeitinger C. Case No. 04 -195 Resvondent(s)/ Defendant(s) Alfred J. Malefatto Greenberg Trauig, P.A. 777 South Flagler Drive, Suite 300 East West Palm Beach, FL 33401 Prouerty Owner C SC Union Square, Ltd. 250 S. Australian Avenue West Palm Beach, FL 33410 Violation Location Union Square Apartment Complex 4120 Union Square Blvd Palm Beach Gardens, FL 33410 Code Section Violated 78- 742(a) (2) Installation of unapproved signage in violation of Condition 2 of ADMIN 03 -72 Violation Description Unapproved signage on property Code Enforcement Officer Kelvin L. Wise D. Case No. 04 -360 Respondent(s)/ Defendant(s) Alfred J. Malefatto Greenberg Trauig, P.A. 777 South Flagler Drive, Suite 300 East West Palm Beach, FL 33401 Prouerty Owner 11 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING December 6, 2004 COUNCIL CHAMBERS 5:30 P.M. C SC Union Square, Ltd. 250 S. Australian Avenue West Palm Beach, FL 33410 Violation Location Union Square Apartment Complex 4120 Union Square Blvd Palm Beach Gardens, FL 33410 Code Section Violated 78 -303 (a): Any tree shall not be cut down, destroyed, removed or effectively destroyed as a result of damaging the tree or changing the natural grade. The city may grant permission to remove, add to, relocate or plant vegetation on land within city limits through a procedure that requires an application and permit. Violation Description Installation of ficus tree along Military Trail without a permit, removal of pine trees and saw palmetto. Code Enforcement Officer Louis Zeitinger E. Case No. 04-422 Respondent(s)/ Defendant(s) Alfred J. Malefatto, Greenberg Trauig, P.A. 777 South Flagler Drive, Suite 300 East West Palm Beach, FL 33401 Property Owner C SC Union Square, L.t.d. 250 S. Australian Avenue West Palm Beach, FL 33410 Violation Location Union Square Apartment Complex 4120 Union Square Blvd Palm Beach Gardens, FL 33410 Code Section Violated 78 -182 (h) Installation of street lighting without approved photometric plan Violation Description 5 I 11 1 I 11 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING December 6, 2004 COUNCIL CHAMBERS 5:30 P.M. Property owner installed street lighting without approved photometric plan Code Enforcement Officer Louis Zeitinger REQUEST FOR AN EXTENSION OF TIME (NONE) REHEARING (NONE) ADMINISTRATIVE FINE/LIEN CERTIFICATION (NONE) NOTICE OF FAILURE TO COMPLY REQUEST FOR REDUCTION OF FINE OLD BUSINESS — CASE UPDATE Case No. 03 -643 Respondents) / Defendant(s) / Steven Lovas, President Property Owner: Savol of Florida, Inc. 2283 Marseilles Drive Palm Beach Gardens, FL 33410 (NONE) (NONE) Violation Location: 11360 U.S. Highway One Palm Beach Gardens, FL 33408 Code Section Violated: 66 -46 — Engaging in business without license or upon false statements. 78 -49 — Amendments to approved development orders. Violation Description: The respondent is operating a full service bistro and bar known as Fresco in an ancillary building without obtaining the required approvals from City Council or an Occupational License. Code Enforcement Officer: C. AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING December 6, 2004 COUNCIL CHAMBERS 5:30 P.M. Kelvin L. Wise VII. DISCUSSION (NONE) VIII. ADJOURN 7 PREPARED 8Y AND RETURN TO: Kelvin L. Wise Code Enforcement Administrator City of Palm Beach Gardens, 10500 N. Military Trail Palm Beach Gardens, FL 33410 CASE NO. 00 -043 RELEASE OF LIEN CLAIM I�IO�III�h�NN�NNNINNINIflN�IINI CFN 20040638575 OR BK 17748 PG 0025 RECORDED 11/09/2004 12:45:52 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court Pgo 0025 - 26; (2pge) KNOW ALL MEN BY THESE PRESENTS that the City of Palm Beach Gardens, a Florida Municipal Corporation, the owner of certain lien bearing the date of the 10th day of July, 2000 and recorded the 30th day of August, 2000, in the record of the County of Palm Beach, State of Florida, in Official Records Book #11985 page 82, upon the following described property situated, lying and being in Palm Beach County, State of Florida, to wit: PREMISES: 3860 Northlake Blvd PGA Plaza, Palm Beach Gardens, FL PCN: 52- 43- 42- 05 -00- 000 -7010 LEGAL: 5- 43 -42, S 392 FT OF N 452FT (LESS N 200 FT OF E 200 FT, W 100 FT & N 170 FT OF E 205 FT OF W 608.61 FT) OF NE 1/4 OFSW 1/a A/K/A PGA PLAZA For Code Enforcement Special Magistrate Final Order Fine upon the above described property owned by, William Lassiter do hereby release and quit claim all liens, lien rights, claims, or demands of any kind whatsoever, which the undersigned now has or might have against, PGA Plaza, the property herein above described, and hereby directs the Clerk of the Court to release said lien of record. IN WITNESS WHEREOF, the said City of Palm Beach Gardens, Florida, has caused these presents to be executed in its name, and its Corporate Seal to be hereunto affixed, by its proper officers there unto duly authorized, this I of 2004. ATTEST: _ Patricia Snider, City Clerk CITY OF PALM BEA H GARDENS, FLORIDA evin M. Wagner, Code Enforcement Special Magistrate Page 1 of 2 Signed, sealed and delivered in the presence of: 6U I s STATE OF FLORIDA COUNTY OF PALM BEACH �j( The foregoing instrument was acknowledged before me this 1S day of �Oye(ftl�r—r' 2 004by Kevin M. Wagner, as Code Enforcement Special Magistrate of the City of Palm Beach Gardens, a Florida Municipal Corporation, on behalf of the Corporation. He is personally known to me and did not take an oath. (SEAL) ROSMIND BRELAND * * MY COMMISSION t DD 286283 ,� EXPIRES: February t, 2008 '1110,00e BOWN! TW Nu*t Notary Services l 1 Signature of Notary Public ROSSALIND BRELAND Name of Notary, typed or stamped Commission No.: ,,!� • �� 1� Page 2 of 2 Ph-', � WED BY AND RETURN TO: Kelvin t. Wise Code Enforcement Administrator City of Palm Beach Gardens, 10500 N. Military Trail Palm Beach Gardens, FL 33410 CASE NO. 97 -228 RELEASE OF LIEN CLAIM II�N�III�N��IN��I��ININn�I�I CFN 20040638576 OR BK 17748 PG 0027 RECORDED 11/09/2004 12:45:52 Palm Beach County, Florida Dorothy H Milken, Clerk of Court Pgo 0027 - 28; (2pge) KNOW ALL MEN BY THESE PRESENTS that the City of Palm Beach Gardens, a Florida Municipal Corporation, the owner of certain lien bearing the date of the 5th day of May, 1997 and recorded the 5th day of March, 1998, in the record of the County of Palm Beach, State of Florida, in Official Records Book 10264 page 868, upon the following described property situated, lying and being in Palm Beach County, State of Florida, to wit: PREMISES: 9349 Bellewood Street Palm Beach Gardens, FL 33410 PCN: 52-42-42-13-05-42-0200 LEGAL: UNIT NO 5 PALM BEACH SQUARE LT 20 BLK 42 For Code Enforcement Special Magistrate Final Order Fine upon the above described property owned by Floy Bailey do hereby release and quit claim all liens, lien rights, claims, or demands of any kind whatsoever, which the undersigned now has or might have against, 9349 Bellewood Street, the property herein above described, and hereby directs the Clerk of the Court to release said lien of record. IN WITNESS WHEREOF, the said City of Palm Beach Gardens, Florida, has caused these presents to be executed in its name, and its Corporate Seal to be hereunto affixed, by its proper officers there unto duly authorized, this 1st day of November, 2004. ATTEST: Patricia Snider, City Clerk CITY OF PALM BEACH GARDENS, FLORIDA Kevin M. Wagner, Code Enforcement Special Magistrate Page 1 of 2 Signed, rivaled and delivered in the presence o£ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 5 day of M Odby Kevin M. Wagner, as Code Enforcement Special Magistrate of the City of Palm Beach Gardens, a Florida Municipal Corporation, on behalf of the Corporation. He is personally known to me and did not take an oath. i (SEAL) I La Signature of Notary Public o,�PRY PUBG ROSSALIND BRELAND MY COMMISSION # DD 288283 * EXPIRES: FsbPAry 1, 2008 1.114, 0; Bonged TMu So" NMay WI M ROSSALIND BRELAND Name of Notary, typed or stamped Commission No. bbo w _w Page 2 of 2