HomeMy WebLinkAboutAgenda CESM 050707AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 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 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 Enforcement Officer
Deanna Mayo, Code Enforcement Officer
Alex Lopez, Code Enforcement 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 ofproperty, 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 ".
Special Magistrate 05.07 07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
MINUTES: April 2, 2007
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 OPERATION DIRECTOR:
Introduce the newest officer — Mohammad S. Jamal
Next scheduled Code Enforcement Special Magistrate Hearing: June 4, 2007
II. POSTPONEMENTS:
III. COMPLIED CASES:
IV. VIOLATION CASES:
A. Case No.
07 -04 -771
Property Owner(s):
THI IV PBG LLC
410 Severn Ave, Suite 314
Annapolis, MD 21403 -2538
2
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
Violation Location
4431 PGA Blvd
Code Section Violated:
78 -328 Pruning
Violation Description:
Nine trees were improperly pruned
Senior Code Enforcement Officer:
Mitch Wilson
Violation Location:
520 Ivy Avenue
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74 -75 Declaration of water shortage; water shortage emergency
Violation Description:
Water Restrictions Violated,
Senior Code Enforcement Officer:
Mitch Wilson
B. Case No.
07 -04 -767
Property Owner(s):
TKM Development
10276 Riverside Drive
Palm Beach Gardens, FL 33410 -4852
Violation Location
10258 Riverside Drive, Suite 0010
Code Section Violated:
78 -328 Pruning
Violation Description:
Eight trees were improperly pruned
Senior Code Enforcement Officer:
Mitch Wilson
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
C. Case No.
07 -04 -766
Property Owner(s):
G & D Real Estate Holding
4114 Northlake Blvd
Palm Beach Gardens, FL 33410
Code Section Violated:
78 -328 Pruning
Violation Description:
Eight trees were improperly pruned
Senior Code Enforcement Officer:
Mitch Wilson
D. Case No.
07 -04 -793
Property Owner(s):
CSC Tanglewood LTD
40 Randall Ave
Freeport, NJ 11520 -2709
Violation Location
4205 Union Square Blvd
Code Section Violated:
78 -284 Prohibited signs and prohibited sign locations
Violation Description:
The banners that are on the top of the roofs present a serious threat to the public.
Senior Code Enforcement Officer:
Mitch Wilson
E. Case No.
07 -04 -889
Property Owner
John C. Bills Enterprises LTD
3950 RCA Blvd., Ste 5000
4
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
Palm Beach Gardens, FL 33410 -4265
Violation Location:
3910 RCA Blvd
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74 -75 Declaration of water shortage; water shortage emergency
Violation Description:
Water Restrictions Violated
Senior Code Enforcement Officer:
Mitch Wilson
F. Case No.
07 -04 -890
Property Owner
Preston Holmes & Dana Byington
4088 Lakespur Circle North
Palm Beach Gardens, FL 33410
Violation Location:
4088 Lakespur Circle North
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74 -75 Declaration of water shortage; water shortage emergency
Violation Descri tion:
Water Restrictions Violated
Senior Code Enforcement Officer:
Mitch Wilson
G. Case No.
07 -04 -891
Property Owner(s):
Ken Adams
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
4054 Holly Drive
Palm Beach Gardens, FL 33410
Violation Location:
4054 Holly Drive
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74 -75 Declaration of water shortage; water shortage emergency
Violation Description:
Water Restrictions Violated
Senior Code Enforcement Officer:
Mitch Wilson
H. Case No.
07 -04 -892
Property Owner(s):
Enorck Vincent & lvertha Aulibrice
354 Garden Blvd
Palm Beach Gardens, FL 33410
Violation Location:
354 Garden Blvd
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74 -75 Declaration of water shortage; water shortage emergency
Violation Description:
Water Restrictions Violated
Senior Code Enforcement Officer:
Mitch Wilson
6
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
I. Case No.
07 -04 -893
Property Owner(s):
Sharon R. & B A MacDougall
352 Garden Blvd
Palm Beach Gardens, FL 33410
Violation Location:
352 Garden Blvd
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74-75 Declaration of water shortage; water shortage emergency
Violation Description:
Water Restrictions Violated
Senior Code Enforcement Officer:
Mitch Wilson
J. Case No.
07 -04 -894
Property Owner(s):
Sergio Iovita
676 Holly Drive
Palm Beach Gardens, FL 33410
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74 -75 Declaration of water shortage; water shortage emergency
Violation Description:
Water Restrictions Violated
Senior Code Enforcement Officer:
Mitch Wilson
7
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE BEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
K. Case No.
07 -04 -900
Property Owner(s):
Wachovia Bank
PO BOX 2554
Birmingham, AL 35290 -0002
Violation Location:
2989 PGA Blvd
Palm Beach Gardens, FL 33411
Code Section Violated:
74 -73 Application of article
74 -74 Amendments to water shortage plan
74 -75 Declaration of water shortage; water shortage emergency
Violation Description:
Water Restrictions Violated
Senior Code Enforcement Officer:
Mitch Wilson
L. Case No.
07- 01-448
Property Owner
Prosperity Shopping
1696 NE Miami Gardens Drive
North Miami Beach, FL 331794902
Violation Location:
2480 PGA Blvd
Palm Beach Gardens, FL 33410
Code Section Violated:
79 -5 Maintenance and appearance standards for all structures and landscaping
78 -112 Building permits required and 2004 Florida Building Code Section 105.1
78 -378. Dumpsters
78 -329 Maintenance
8
Special Magistrate 05.07.07
AGENDA
CITE' OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
Violation Description:
Chain link fences need to be properly repaired (rear of property)
All dumpsters must be properly screened (4 sides) and on an approved surface
(permit surface).
A permit is required for the refrigeration unit that has been added on the back
restaurant.
All landscape areas shall be maintained on a regular basis.
Storing junk, cardboard boxes, trash, litter, unsightly items, pallets, and any other
items outside visible to the public is prohibited (behind shopping center).
All dead and dying landscaping must be replaced and maintained (west side W.
Teach Kid).
Senior Code Compliance_ Officer:
Mitch Wilson
M. Case No.
07- 01-476
Property Owner(s):
David & Maureen Conrad
9414 North Military Trail
Palm Beach Gardens, FL 33410
Code Section Violated:
78 -112 Building permits required and 2004 Florida Building Code Section 105.1
Violation Description:
Installing of a wood fence requires a permit
Senior Code Enforcement Officer:
Mitch Wilson
N. Case No.
07 -03 -736
Property Owner(s):
Edward H. Gaynes
8637 40TH Terrace North
Palm Beach Gardens, FL 33410 -6245
9
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CLAMBERS
5:30 P.M.
Violation Location
8639 40 Terrace North
Code Section Violated:
78 -395 Recreational vehicles and watercraft
79 -5 Maintenance and appearance standards for all structures and landscaping
34 -181 Nuisance declared
Violation Description:
Exterior of structure needs to be cleaned and/ or painted.
All plywood must be removed from window's (safety/ fire hazard).
All vehicles on property must have current license tags, registration, and be operable
at all times.
Items stored on property must be screened from the public view.
Senior Code Enforcement Officer:
Mitch Wilson
O. Case No.
07 -02 -505
Property Owner(s):
Jean F. Lemmo
4334 Dawnridge Street
Palm Beach Gardens, FL 33410 -5830
Code Section Violated:
78 -395 Recreational vehicles and watercraft
Violation Description:
The recreational vehicle or watercraft shall be parked or stored on the side or rear
yard of a lot.
Senior Code Enforcement Officer:
Mitch Wilson
P. Case No.
07 -02 -524
Property Owner(s):
R G JR. & Jacqueline Williams
10
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
4316 Osha Street
Palm Beach Gardens, FL 33410
Code Section Violated:
78 -395 Recreational vehicles and watercraft
34 -121 Enumerated conditions prohibited, declared nuisance
34 -122 Owner to keep property clear of rubbish, vegetation
34 -181 Nuisance Declared
Violation Description:
All watercrafts shall be currently licensed and operable at all times (tag must be
displayed).
All vehicles on entire property must be currently licensed and operable at all times.
Weeds and grass need to be cut on entire property (including backyard and around all
structures).
Senior Code Enforcement Officer:
Mitch Wilson
Q. Case No.
07 -02 -540
Property Owner(s):
David L. & Susan M. Thiemann
1665 Isles Circle
North Palm Beach, FL 33408 -2254
Violation Location:
614 6 Court
Palm Beach Gardens, FL 33410
Code Section Violated:
79 -5 Maintenance and appearance standards for all structures and landscaping
Violation Description:
Wood shingles need to be cleaned and /or replaced
Senior Code Enforcement Officer:
Mitch Wilson
11
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
R. Case No.
07 -02 -543
Property Owner(s):
Meadows Preservation Inc.
2 N Riverside PLZ # 800
Chicago, IL 60606 -2682
Code Section Violated:
2005 National Electrical-Code 400.8 Uses Not Permitted
79 -5 Maintenance and appearance standards for all structures and landscaping
78 -140 RMH (IO)Residential mobile home district
Violation Location
2555 PGA Lot 136
Violation Description:
Covering windows is prohibited.
All broken windows need to be repaired and/or replaced.
All exterior doors need to be properly fitted and in excellent condition (no
holes /cracks).
Skirting around entire trailer needs to be properly repaired.
Storing tires, junk, scrap wood, buckets, etc. outside in public view prohibited.
Carport roof needs to be properly repaired.
All extension/ electrical cords that are not in compliance with National Electrical
Code must be removed.
All lighting fixtures need to be replaced and/or properly repaired.
Exterior of mobile home needs to completely painted
Senior Code Enforcement Officer:
Mitch Wilson
S. Case No.
07 -03 -609
Property Owner(s):
Elizabeth Gaynes
3842 Gull Road
Palm Beach Gardens, FL 33410
12
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
Violation Description
8766 40" Terrace North
Code Section Violated:
79 -5 Maintenance and appearance standards for all structures and landscaping
34 -181 Nuisance declared
34 -122 Owner to keep property clear-of rubbish, vegetation.
Violation Description:
All vehicles on property must have current license tags, registration and to be
operable at all times (vehicles located at rear of property).
Storing tires, junk, scrap wood, buckets, and etc. outside in public view is prohibited
Entire structure needs to be painted.
Weeds and grass need to be cut.
Senior Code Enforcement Officer:
Mitch Wilson
T. Case No.
07 -03 -638
Property Owner(s):
Sandalwood Estates HOA
100 IS, Court
Palm Beach Gardens, FL 33410 -5101
Violation Location:
1105 11 Court
Palm Beach Gardens, FL 33410
Code Section Violated:
79 -5 Maintenance and appearance standards for all structures and landscaping
Violation Description:
Parking lot between 11`h Court and 13TH Court must be properly repaired.
(permit required)
Senior Code Enforcement Officer:
Mitch Wilson
13
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
U. Case No.
07 -03 -653
Property Owncr(s):
Kevin Easton
8342 Sunset Drive
Palm Beach Gardens, FL 33410
Code Section Violated:
34 -121 Enumerated conditions prohibited, declared nuisance
34 -122 Owner to keep property clear of rubbish, vegetation
79 -5 Maintenance and appearance standards for all structures
Violation Description:
All construction work that has been performed on the inside and outside of the
restaurant requires a permit.,
Senior Code Enforcement Officer:
Mitch Wilson
V. Case No.
07 -02 -549
Property Owner(s):
John H. Kathleen L. Amann
4558 Juniper Lane
Palm Beach Gardens, FL 33418 -4521
Code Section Violated:
34 -181 Nuisance declared
78 -395 (1)(d) Recreational vehicles and watercraft
78 -275 Addresses
Violation Description:
The watercraft shall be parked or stored on the side or rear yard of a lot and screened
on three sides.
Code Enforcement Officer:
Deanna Mayo
14
Special Magistrate 05.07.07
AGENDA
CITE' OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
W. Case No.
07 -03 -672
Property Owner(s):
Michael Watson
4275 Bellewood Street
Palm Beach Gardens, FL 33410 -5842
Code Section Violated:
34 -122 Owner to keep property clear of rubbish, vegetation
78 -275 Addresses
79 -5 Maintenance and appearance standards for all structures and landscaping
Violation Description:
Weeds and grass on property need to cut
Paint exterior of structure
House numbers need to be clearly visible from the street
Senior Code Enforcement Officer:
Mitch Wilson
X. Case No.
07 -03 -674
Property Owner(s):
Donna & Steven Mekoliavitch
4309 Empress Drive
Palm Beach Gardens, FL 33410
Code Section Violated:
79 -5 a (1 -2) Maintenance and appearance standards for all structures and landscaping
Violation Description:
Entire structure needs to be painted
Senior Code Enforcement Officer:
Mitch Wilson
15
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
Y. Case No.
07 -01 -480
Property Owner(s):
CFO Palm Beach LP
5 Greenway Plaza Ste 1300
Houston, TX 77046 -0503
Code Section Violated:
78 -112 Buildingpermits required and 2004 Florida Building Code Chapter 1 Section
105.1
Violation Description: .
All construction work that has been performed on the inside and outside of the
restaurant requires a permit.
Senior Code Enforcement Officer:
Mitch Wilson
Z. Case No.
07 -03 -675
Property Owner(s):
Scott & Kelly Gleaseman
4297 Empress Street
Palm Beach Gardens, FL 33410
Code Section Violated:
79 -5 Maintenance and appearance standards for all structures and landscaping
78 -396 (c) (4 & 5) Valid nonconforming use
Violation Description:
All boats must be licensed trailer while parking in the front yard and boat must be
screened on three sides at all times.
West side of structure needs to be painted (chipping and peeling)
Senior Code Enforcement Officer:
Mitch Wilson
16
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
AA. Case No.
07 -03 -732
Property Owner(s):
Gwendolyn L. Martin &Clarence A. Buchanan
8493 Sunset Drive
Palm Beach Gardens, FL 33410
Code Section Violated:
34 -181 Nuisance declared
Violation Description:
All vehicles on property must have current license tags, current registration, and must
be operable at all times (vehicles located at rear of property)
Senior Code Enforcement Officer:
Mitch Wilson
BB. Case No.
07 -03 -739
Property Owner(s):
Mylott Timothy M & Maureen A
3568 Lighthouse Drive
Palm Beach Gardens, FL 33410 -5675
Code Section Violated:
78 -393 Parking and storage restrictions for commercial vehicles
Violation Description:
Parking commercial vehicles in a residential district is prohibited.
Senior Code Enforcement Officer:
Mitch Wilson
CC. Case No.
07 -04 -808
Property Owner(s):
Gary Galiano
5861 Roebuck Road
Jupiter, FL 33458
17
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
5:30 P.M.
Violation Location
629 Holly Drive
Palm Beach Gardens, FL 33410
Code Section Violated:
78 -393 Parking and storage restrictions for commercial vehicles
Violation Description:
All commercial vehicles. be prohibited from being parked or stored in a
residential district
Senior Code Enforcement Officer:
Mitch Wilson
DD. Case No.
07 -01 -489
Property Owner(s):
Pocco Loco
Violation Location
3896 Northlake Blvd
Code Section Violated:
30 -36 A &B Excessive False Alarm Signals Limited
Violation Description:
Excessive False Alarms
Police Officer:
Jules Barone
IV. REQUEST FOR AN EXTENSION OF TIME: (NONE)
V. REHEARING (NONE)
VI. LIEN CERTIFICATION (NONE)
VH. RELEASE OF LIEN (NONE)
18
Special Magistrate 05.07.07
AGENDA
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING
May 7, 2007
COUNCIL CHAMBERS
. 5:30 P.M.
VIII. NOTICE OF FAILURE TO COMPLY (NONE)
IX. REQUEST FOR REDUCTION OF FINE (NONE)
X. OLD BUSINESS — CASE UPDATE (NONE)
XI. DISCUSSION (NONE)
XII. ADJOURN
19
Special Magistrate 05.07.07