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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