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Home My WebLink AboutAgenda CESM 020507AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 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 FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. MINUTES: December 4, 2006 and January 8, 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 L REPORT FROM OPERATION DIRECTOR: Next scheduled Code Compliance Special Magistrate Hearing: March 5, 2007 II. POSTPONEMENTS: III. COMPLIED CASES: IV. VIOLATION CASES: (NONE) (NONE) A. Case No. 06 -10 -142 Property Owner(s): Ellen T. Baker 5673 Whirlaway Road Palm Beach Gardens, FL 33418 Violation Location: 5673 Whirlaway Road Code Section Violated: 34 -181 Nuisance Declared 79 -5 Property Maintenance Standards Violation Description: Wood fence needs to properly repaired 2 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. Allowing any inoperative and/ or unlicensed vehicles to remain on private property for more than 10 days is prohibited Senior Code Compliance Officer: Mitch Wilson B. Case No. 06 -10 -157 Property Owner(s): 4 -H Association Management 5530 Tamberlane Circle Palm Beach Gardens, FL 33418 Respondent Thomas Condon, Contractor/ President 6671 West Indiantown Road, Suite 56 -381 Jupiter, FL 33458 Violation Location: 5510 Tamberlane Circle Code Section Violated: 78 -112 Engaging in construction without obtaining a city building permit 79 -5 (a) (8) (b- c)(d). Maintenance and appearance standards for all structures 79 -6 (1). Responsibilities of owners and operators of dwellings, hotel units, and rooming houses for let Violation Description: Hand rails need to be properly repaired Replacing and /or repairing hand rails without obtaining a permit Senior Code Compliance Officer: Mitch Wilson C. Case No. 06 -10 -209 Property Owner(s): Verly & Marie L. Louis 542 Holly Drive Palm Beach Gardens, FL 33410 Violation Location: 542 Holly Drive Code Section Violated: AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. 34 -181 Vehicle Nuisance Declared Violation Description: Unlicensed and InoperableVehicle Senior Code Compliance Officer: Mitch Wilson D. Case No. 06 -10 -246 Property Owner(s): Joseph & Lori Gephart 10393 Peachtree Circle Palm Beach Gardens, FL 33418 Violation Location: 10393 Peachtree Circle Code Section Violated: 86 -194 Clarity of water 86 -222 Swimming Pool Enclosure 86 -223 Gates and doors Violation Description: Failure to install permanent pool enclosure Maintain clarity of water Senior Code Compliance Officer: Mitch Wilson E. Case No. 06 -11 -260 Property Owner(s): PGA Commons Tract A East Trust 5520 PGA Blvd, Suite 200 Palm Beach Gardens, FL 33410 Tenant: Vic's and Angelo's 4520 PGA Blvd, Suite 100 Palm Beach Gardens, FL 33410 Violation Location: 4520 PGA Blvd, Suite 100 Code Section Violated: boundary AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. 34 -56 (b) General Restrictions 78 -661 (a -b) 2 (a -b) Performance Standards Violation Description: Playing music that can be heard at a distance of more than 25 feet from the line of such property Senior Code Compliance Officer: Mitch Wilson F. Case No. 06 -11 -274 Property Owner(s): Christ Fellowship Church, Inc. 5343 Northlake Blvd Palm Beach Gardens, FL 33418 Violation Location: 5343 Northlake Blvd Code Section Violated: 78 -378 (a -b) (1 -2) a -e Dumpsters shall be screened in on all four sides Violation Description: Dumpsters not screened in four sides Senior Code Compliance Officer: Mitch Wilson G. Case No. 06 -11 -277 Property Owner(s): Irene & Adam M. Speiler 1149 Rainwood Circle West Palm Beach Gardens, FL 33410 Violation Location: 1149 Rainwood Circle West Code Section Violated: 5 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. 79 -5(a) 1 -2 (b)(a) Maintenance and appearance standards for all structures and landscaping Violation Description: Exterior structure needs to be painted Wood fence needs to be properly repaired Senior Code Compliance Officer: Mitch Wilson H. Case No. 06 -11 -279 Property Owner(s): Russell R. Zimmer 4385 Golfers Circle West Palm Beach Gardens, FL 33410 Violation Location: 4385 Golfers Circle West Code Section Violated: 79 -5 Maintenance and appearance standards for all structures and landscaping Violation Description: Exterior of structure needs to be painted Driveway needs to be properly repaired Senior Code Compliance Officer: Mitch Wilson I. Case No. 06 -11 -317 Property Owner(s): Danlen Inc. 2401 PGA Blvd., Suite 280 Palm Beach Gardens, FL 33410 Violation Location: Noche 2401 PGA Blvd., Suite 160 Code Section Violated: 66 -46 Engaging in business without license or upon false statements 78 -159 Permitted Uses minor and major conditional uses 2 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. 78 -221 PGA Boulevard corridor overlay Violation Description: Operating a dance /night club without a conditional use approval Engaging in business without a license or upon false statements Senior Code Compliance Officer: Mitch Wilson J. Case No. 06 -11 -319 Property Owner(s): Lloyd J. Heilbrunn 11955 Hemlock Street Palm Beach Gardens, FL 33410 Violation Location: 11955 Hemlock Street Code Section Violated: 79 -5 - Maintenance and appearance standards for all structures and landscaping Violation Description: Exterior of structures needs to be painted Remove all plywood that is covering the windows and doors Senior Code Compliance Officer: Mitch Wilson K. Case No. 06 -12 -328 Property Owner Frances E. & Daniel J. Roberts 189 Evergrene Pky Palm Beach Gardens, FL 33410 Violation Location: 189 Evergrene Pky Code Section Violated: 78 -112 Permits Required Violation Description: Installing an A/C unit in the garage without obtaining a permit Senior Code Compliance Officer: 7 AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. Mitch Wilson L. Case No. 06 -12 -334 Property Owner Gastion Inc. 12305 S. Dixie Highway Miami, FL 33156 -5237 Violation Location: Marathon Food Store 4481 Northlake Blvd. Palm Beach Gardens, FL 33410 Code Section Violated: 78 -334 Nonconforming landscape areas Violation Description: Evidence of missing and dead landscaping on entire property Senior Code Compliance Officer: Mitch Wilson M. Case No. 06 -12 -354 Property Owner CSC Tanglewood LTD 40 Randall Avenue Freeport, NJ 11520 -2709 Violation Location: 4205 Union Square Blvd. Palm Beach Gardens, FL 33410 Code Section Violated: 34 -181 Nuisance Declared 78 -284 Prohibited Signs and prohibited sign location Sec. 78 -378 Dumpsters Sec. 78 -393 Parking and Storage restrictions for commercial vehicles Sec. 78 -395 Recreational Vehicles and Watercraft Sec. 79 -6 Responsibilities of Owners of Dwellings Violation Description: AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. Unlicensed / Inoperable vehicles Commercial vehicles stored and/or parked improperly Boat/ RV/ Boat trailers stored and/ or parked improperly Dumpsters are enclosed on four sides Commercial vehicle for advertisement is prohibited Senior Code Officer: Mitch Wilson N. Case No. 06 -12 -360 Property Owner Donnini Enterprises Inc. 9250 Alternate AIA Hwy Palm Beach Gardens, FL 33403 Violation Location: Gliniecki Petroleum Inc. 9730 Alternate AIA Palm Beach Gardens, FL 33410 Code Section Violated: 78 -284- Prohibited signs and prohibited sign locations 78 -285- Permitted signs 78 -286- Illumination 78 -290- Temporary signs allowed 66 -46- Engaging in business without license or upon false statements. Violation Description: Prohibited Signs Engaging in Business without obtaining a City Occupational Senior Code Compliance Officer: Mitch Wilson O. Case No. 06 -12 -363 Property Owner Terry L. Berryman 418 Riverside Drive Palm Beach Gardens, FL 33410 Violation Location: M AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. 418 Riverside Drive Code Section Violated: 34 -181 Nuisance Declared 78 -393 Commercial Vehicle 78 -395 Boat Trailer Violation Description: Commercial Vehicle prohibited from parking or stored in a residential district Inoperable/ Unlicensed Vehicle Boat trailer improperly parked/ stored/ screened Senior Code Compliance Officer: Mitch Wilson P. Case No. 07 -01 -404 Property Owner G P & Evagelia Kambitsis 4221 Empress Street Palm Beach Gardens, FL 33410 Violation Location: 4221 Empress Street Code Section Violated: 34 -122 Nuisance Declared 78 -329 Maintenance 79 -5 Maintenance and appearance standards for all structures and landscaping Violation Description: Prohibited Signs Engaging in Business without obtaining a City Occupational Senior Code Compliance Officer: Mitch Wilson V. REQUEST FOR AN EXTENSION OF TIME: (NONE) VI. REHEARING VII. LIEN CERTIFICATION 10 (NONE) RMUC AGENDA CITY OF PALM BEACH GARDENS CODE COMPLIANCE SPECIAL MAGISTRATE HEARING FEBRUARY 5, 2007 COUNCIL CHAMBERS 5:30 P.M. VIII. RELEASE OF LIEN (NONE) IX. NOTICE OF FAILURE TO COMPLY (NONE) X. REQUEST FOR REDUCTION OF FINE (NONE) XI. OLD BUSINESS - CASE UPDATE (NONE) XII. DISCUSSION (NONE) XIII. ADJOURN 11