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Home My WebLink AboutAgenda CESM 110606AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 6, 2006 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 David Reyes, Operations Director Mitchell Wilson, Senior Code Compliance Officer Robert Creston, 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 ". 1 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 6, 2006 COUNCIL CHAMBERS 5:30 P.M. MINUTES: October 2, 2006 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 SUPERVISOR: Next scheduled Code Enforcement Special Magistrate Hearing: December 4, 2006 II. POSTPONEMENTS: III. COMPLIED CASES: C(9�1 A. Case No. 06 -08 -106 Property Owner: Robert R. Gaudreau 3595 Lighthouse Drive Palm Beach Gardens, FL 33410 Violation Location: 3595 Lighthouse Drive Code Section Violated: 78 -169 (d) Permitted uses, conditional, and prohibited uses. Violation Description: Bedrooms are being rented out to individuals tenants. Roominghouses and 2 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 6, 2006 COUNCIL CHAMBERS 5:30 P.M. boardinghouses are prohibited. The garage has been converted into a bedroom for rent. Operations Director: David Reyes B. Case No. 06 -09 -117 Property Owner Leslie A. Kelley 394 Aster Street Palm Beach Gardens, FL 33410 Violation Location: 394 Aster Street Code Section Violated: 34- 122(b) Owner to keep property clear of rubbish, vegetation. 78 -181 (c) Accessory structures and uses Violation Description: Vegetation has become overgrown Storage unit stored in the driveway Operations Director: David Reyes IV. VIOLATION CASES: A. Case No. 06 -09 -109 Property Owner PBG Loehman's Realty LLC 4851 Tamiami Trail North, Suite 300 Naples, FL 34103 Registered Agent Richard Rossi 3835 NW Boca Raton Blvd. #100 Boca Raton, FL 33431 Violation Location: 4100 PGA Boulevard AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 6, 2006 COUNCIL CHAMBERS 5:30 P.M. Code Section Violated: 78 -276 (c)(1) A -E Permits required, fees, and revocation 78 -279 Removal of abandoned signs 78 -344 (d) Construction and maintenance 78 -329 (a) Maintenance Violation Description: Monument sign facing PGA Boulevard has missing sign panels, which have exposed the internal fixtures in violation of code. Wall signs for businesses, which have moved from the plaza, shall be removed per code. The condition of the parking lot is deteriorating (potholes, fading striping). The landscaping adjacent to 4060 PGA Blvd has become overgrown and unkempt in violation of the City's landscaping requirements. Operation Director: David Reyes B. Case No. 06 -09 -111 Property Owner Frank Robert TR 125 W. Indiantown Rd Jupiter, FL 33458 -3539 Violation Location: 3385 Burns Rd Palm Beach Gardens, Florida 33410 Code Section Violated: 78 -182. Illumination of uses and buildings 78 -344. (f)(1) Construction and maintenance 78 -378. (1) Dumpsters 78 -315. Landscaping and screening for vehicular parking areas 34-122. Owner to keep property clear of rubbish, vegetation Violation Description: The exterior lamp posts in the parking areas and the spotlights for the building exterior have become damaged and are in need of replacement and/or repair. Electrical wiring is exposed. The building is missing address numbers visible from the public right -of -way. The striping in the parking stalls, fire lanes & accessible walkways has become faded by the elements and requires maintenance. 2 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 6, 2006 COUNCIL CHAMBERS 5:30 P.M. A dumpster located in the northeast corner of the property is unscreened from public view and has been placed on a grass base. Debris from damaged vegetation along the canal in the rear of the property has not been removed. The parking area has broken curbs in need of replacement and/or repair. Operation Director: David Reyes C. Case No. 06 -08 -100 Property Owner John P. Walsh 104 La Vida Court Palm Beach Gardens, FL 33418 Violation Location: 104 La Vida Court Code Section Violated: 30 -36 A & B Excessive False Alarm Signals Limited Violation Description: Excessive False Alarms Police Officer Jules Barone V. REQUEST FOR AN EXTENSION OF TIME: (NONE) VI. REHEARING (NONE) VII. LIEN CERTIFICATION (NONE) VIII. RELEASE OF LIEN (NONE) IX. NOTICE OF FAILURE TO COMPLY (NONE) X. REQUEST FOR REDUCTION OF FINE A. Case No. 5 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOVEMBER 6, 2006 COUNCIL CHAMBERS 5:30 P.M. 06 -03 -63 Tenant Hamilton Jewelers 3101 PGA Boulevard, Suite N205 Palm Beach Gardens, Florida 33410 Property Owner: Hamilton Jewelers 2542 US Hwy 1 Lawrenceville, New Jersey 08648 Violation Location: 3101 PGA Boulevard, Suite N205 Code Section Violated: 30 -36 A &B Excessive False Alarm Signals Limited Violation Description: Excessive False Alarms Operation Director: David Reyes XI. OLD BUSINESS — CASE UPDATE (NONE) XII. DISCUSSION XIII. ADJOURN 2 (NONE)