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Home My WebLink AboutAgenda CESM 010807AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 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 Compliance 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 Compliance Officer QUASI - JUDICIAL PROCEEDINGS: The Code Compliance 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 COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. MINUTES: December 4, 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 L REPORT FROM OPERATION DIRECTOR: Next scheduled Code Compliance Special. Magistrate Hearing: February 6, 2007 II. POSTPONEMENTS: A. Case No. 06 -06 -80 Property Owner Gardens East Plaza LTD 9810 Alternate AlA Palm Beach Gardens, FL 33410 Violation Location: 9810 Alternate Al Palm Beach Gardens, Florida 33410 Code Section Violated: Sec. 78 -276. (c) (1) Permits required, fees, and revocation Sec. 78 -284. (h)(8) Prohibited signs and prohibited sign locations Sec. 78 -308: (2)(a) Compliance, Sec. 78 -315. 0) Landscaping and screening for vehicular parking areas Sec. 78 -329. (a) Maintenance Sec. 78 -344. (d) Construction. and maintenance 2 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. Sec. 78 -377. Mechanical and service equipment screening Sec. 78 -2. (a)6) Purpose and intent Violation, Descri tion: Multiple Violations Operation Director: David Reyes III. COMPLIED CASES: A. Case No. 06 -07 -87 Property Owner Gardens East Plaza 9810 Alternate Al A, Suite 105 Palm Beach Gardens, FL 33410 Registered Agent: Mandev Properties, Inc. C/O Michael Wolfe 9810 Alternate AIA, Suite 105 Palm Beach Gardens, FL 33410 Tenant R & L Partnership 1399 North Killian Drive Lake Park, FL 33403 Violation Location: 9880 Alternate Al A, Gardens East Plaza Code Section_ Violated: Sec. 78 -344. (d) Construction and maintenance Sec. 78 -378. (a) Dumpsters Violation Description: Broken sections of curbing at the Drive- Through and Main entrance to the site Exposed dumpster in a parking stall in the parking lot. Operation Director: David Reyes AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. B. Case No. 06 -10 -177 Property Owner Get Gas & Go LTD Co 9031 North Military Trail Palm Beach Gardens, FL 33410 Tenant Chevron Gas Station 9031 North Military Trail Palm Beach Gardens, FL 33410 Violation Location: 9031 North Military Trail Code Section Violated: 66-46 Engaging in business without license or upon false statements. Violation Description: Must obtain occupational license when changing business names Senior Code Compliance Officer: Mitch Wilson C. Case No. 06 -10 -230 Property Owner Darryl & Shauna. Davis 4427 Dawnridge Street Palm Beach Gardens, FL 33410 Violation Location: 4427 Dawnridge Street Code Section Violated: 34 -181 Vehicle Nuisance Declared Violation Description: Inoperable/ Unlicensed Vehicle Senior Code Compliance Officer: 4 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. Mitch Wilson D. Case No 06 -10 -231 Property Owner Elizabeth & Daniel Palm 4308 Dawnridge Street Palm Beach Gardens, FL 33410 Violation Location: 4308 Dawnridge Street Code Section Violated: 34 -181 Vehicle Nuisance Declared Violation Description: Inoperable/ Unlicensed Vehicle Senior Code Compliance Officer: Mitch Wilson E. Case No. 06 -11 -270 Property Owner(s): Michael L. Watson 4275 Bellewood Street Palm Beach Gardens, FL 33410 Violation Location: 4275 Bellewood Street Code Section Violated: 34 -181 Vehicle Nuisance Declared Violation Description: Inoperable/ Unlicensed Vehicle Senior Code Compliance Officer: Mitch Wilson. 5 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. IV. VIOLATION CASES: A. Case No. 06 -10 -222 Property Owner(s): Dexter Development Co. 3950 RCA Blvd, Suite 5000 Palm Beach Gardens, FL 33410 Registered Arent John W. Cary III 701 US Hwy 1, Suite 402 North Palm Beach, FL 33408 - Violation Location: 100 Ballenisles Drive- Clubhouse Code Section Violated: 34 -122 (b) Owner to keep property clear of rubbish and vegetation 78 -308 (a)(1) Compliance 78 -329 (a) Maintenance Required' Violation Description: Landscaping on your property has deteriorated and fails to meet the minimum standards Operation Director: David Reyes B. Case No. 06 -10 -214 Property Owner(s):, Robert E. Rhodes 331 Azalea Street Palm Beach Gardens, FL 33410 Violation Location: 331 Azalea Street Code Section Violated: 34 -181. Vehicle Nuisances Declared 78 -112. Building permits required. 0 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. 79 -1. Purpose and scope 79 -2. Definitions 79 -3. Inspection 79 -4. Code enforcement special master; alternative means of enforcement. 79 -5 (a) (1 -2), (8) (f)(b -d). Maintenance and appearance standards for all structures and landscaping. Violation ,Description: Inoperable/ Unlicensed Vehicle Exterior structure needs to painted or cleaned Outside storage is prohibited Senior Code Compliance Officer: Mitch Wilson C. Case No. 06 -10 -241 Property Owner(s): Vincent & Nerlande Telsume 1009 Ardmore Road West Palm Beach, FL 33401 Violation Location: 528 Holly Drive Palm Beach Gardens, FL 33410 Code Section Violated: 34 -181 Vehicle Nuisance Declared Violation :Description: Inoperable/ Unlicensed Vehicle Senior Code Compliance Officer: Mitch Wilson D. Case No.. 06 -10 -244 Property Owner(s): James T. Hartford Jr. 9872 Daisy Avenue 7 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 K COUNCIL CHAMBERS 5:30 P.M. Palm Beach Gardens, FL 33410 Violation Location: 9872 Daisy Avenue k Code Section Violated: , 78 -393 Commercial Vehicles are prohibited from parking or stored in residential district 66 -46 Engaging in business upon false statements Violation Description: Limosines parked and/or 'stored on property All home based occupational license affidavit states that the parking of commercial vehicles are prohibited Senior Code Compliance Officer: Mitch Wilson E. Case No, 06 -11 -261 Property Owner(s): Charles Humphrey 310 Balsam Street Palm Beach Gardens, FL 33410 Violation Location: 310 Balsam Street Code Section Violated: 34 -121. Enumerated conditions prohibited, declared nuisance 34 -122. (a)(b) Owner to keep property clear of rubbish, vegetation. 78 -329. (a -c) (1 -4) Maintenance 79 -5. Maintenance and appearance standards for all structures and landscaping Violation Description: Exterior structure needs to be painted All properties shall kept from growth of weeds, rubbish and trash Roof needs to be properly repaired Having stagnant water in the pool is prohibited Senior Code Compliance Officer: Mitch Wilson 8 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. F. Case No. 06 -11 -299 Property Owner(s): John & Amanda Termotto 5435 Seabiscuit Road Palm Beach Gardens, FL 33410 Violation.. Location: 5435 Seabiscuit Road Code. Section Violated: 86 -1. Penalty 86 -26. Building code adopted; permit fees 2001 Florida Building Code Section 104:5 Condition of Permits 2004 Florida Building Code Section 105.4 Condition of Permits Violation Description: " All permits that have been previously issued for this property have expired No final inspections were approved Senior Code Compliance OiTcer: Mitch Wilson G. Case No. 06 -11 -315 Property Owner(s): Ayelet & Ed Mullen 5592 Whirlaway Road Palm Beach Gardens, FL 33410 Violation Location: 5592 Whirlaway Road Code Section Violated: 34 -121. Enumerated conditions prohibited, declared nuisance 34- 1.22.(a)(b) Owner to .keep property clear of rubbish, vegetation 79- 5.(a)(1- 8)(b)(d) Maintenance and appearance standards for all structures and landscaping 86 -222. Pool Enclosure 2004 Florida Building Code Section 110.4 Permits Required Violation Description: 9 , AGENDA CITY OF PALM BEACH :GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY .8, 2007 COUNCIL CHAMBERS 5:30 P.M.' Pool is not properly enclosed Landscaping needs to brought up. to current code Weeds and grass needs to be cut All junk, trash, litter, and etc need to be removed Roof needs to be repaired properly Entire structure needs to be painted Structure has plumbing and piping issues This property poses a life /safety hazard Senior Code Compliance Officer: Mitch Wilson H. Case No. 06 -11 -303 Property Owner Gary Galiano , 629 Holly Drive Palm Beach Gardens, FL 33410 Violation Location: 629 Holly Drive Code Section Violated: 78 -393 Commercial Vehicle prohibited from parking or stored in residential district Violation Description: , 3 Commercial Vehicles parked in driveway Senior Code Compliance Officer: Mitch Wilson V. REQUEST FOR AN EXTENSION OF TIME: VI. REHEARING VII. LIEN CERTIFICATION VIII. RELEASE OF LIEN (NONE) (NONE) (NONE) (NONE) 10 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING JANUARY 8, 2007 COUNCIL CHAMBERS 5:30 P.M. IX. NOTICE OF FAILURE TO COMPLY (NONE) X. REQUEST FOR REDUCTION�OF FINE A. 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 Sign'alsFLimited Violation Description: Excessive False Alarms Police Officer Jules Barone XL OLD BUSINESS — CASE UPDATE (NONE) XH. DISCUSSION (NONE) X1H. ADJOURN T