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Home My WebLink AboutAgenda CESM 080607AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 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 David Reyes, Operations Director Mohammad Jamal, Code Compliance Supervisor Alex Lopez, Code Compliance Officer Michael Williams, Code Compliance Officer Rossalind Breland, Recording Secretary 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 ". Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. MINUTES: June 4, and July 9, 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: • Next scheduled Code Enforcement Special Magistrate Hearing: September 10, 2007 (September 3rd is a holiday) • Implementation of a second monthly hearing on the third Wednesday of each month beginning in August 2007 through December 2007: Aug 15th, Sept 19th, Oct 17th, Nov 21st, Dec 19th All hearings will begin at10:00 a.m. in the council chambers. • The 2nd monthly hearings will be used for water restrictions violation cases II. POSTPONEMENTS: III. COMPLIED CASES: 2 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. IV. VIOLATION CASES: A. Case No. 07 -06 -1107 Property Owner(s): David Tower 8335 Kelso Dr Palm Beach Gardens, FL 33418 Violation Location: 8335 Kelso Dr Violation Description Violating Phase III Water Restrictions on Tuesday, May 29, 2007 at 1:39 a.m. Code Section Violated: 74 -73 Application of article 74 -74 Amendments to water shortage plan 74 -75 Declaration of water shortage; water shortage emergency Code Compliance Supervisor: Mohammed Jamal B. Case No. 07 -06 -1132 Property Owner(s): Jack C. Harrison Trust 4290 Northlake Blvd 1 Palm Beach Gardens, FL 33410 Violation Location: Gardens Animal Hospital 4290 Northlake Blvd 1 Violation Description Violating Phase III Water Restrictions on Tuesday, June 5, 2007 at 3:17 a.m. Code Section Violated: 74 -73 Application of article 74 -74 Amendments to water shortage plan 3 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. 74 -75 Declaration of water shortage; water shortage emergency Code Compliance Supervisor: Mohammed Jamal C. Case No. 07 -06 -1137 Property Owner(s): James J. Schell 8431 Nashua Dr Palm Beach Gardens, FL 33418 -6049 Violation Location 8431 Nashua Dr Violation Description Violating Phase III Water Restrictions on Saturday, May 26, 2007 at 7:09 p.m. Code Section Violated: 74 -73 Application of article 74 -74 Amendments to water shortage plan 74 -75 Declaration of water shortage; water shortage emergency Code Compliance Supervisor: Mohammed Jamal D. Case No. 07 -06 -1139 Property Owner Sandra McCune 102 Abondance Palm Beach Gardens, FL 33410 -1600 Violation Location: 102 Abondance Dr Violation Description Violating Phase III Water Restrictions on Monday, May 28, 2007 at 6:02 p.m. Code Section Violated: 74 -73 Application of article 4 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. 74 -74 Amendments to water shortage plan 74 -75 Declaration of water shortage; water shortage emergency Violation Description: Phase III Water Restrictions Violated Code Compliance Officer: Alex Lopez E. Case No. 07 -06 -1140 Property Owner(s): Thomas J. Klersy 10242 Allamanda Cir Palm Beach Gardens, FL 33410 -5221 Violation Location: 10242 Allamanda Cir 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: Phase III Water Restrictions Violated on Friday, May 25, 2007 at 8:39 p.m. Code Compliance Supervisor: Mohammed Jamal F. Case No. 07 -06 -1146 Property Owner(s): Thomas A. Couchlin 5172 Desert Vixen Rd Palm Beach Gardens, FL 33418 -7819 Violation Location: 5172 Desert Vixen Rd 5 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. 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: Phase III Water Restrictions Violated on Thursday, May 24, 2007 at 8:10 a.m. Code Compliance Supervisor: Mohammed Jamal G. Case No. 07 -06 -1147 Property Owner Jenny R. Diaz 8742 Man O War Rd Palm Beach Gardens, FL 33418 -7749 Violation Location: 8742 Man O War Rd 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: Phase III Water Restrictions Violated on Thursday, May 24, 2007 at 7:50 a.m. Code Compliance Officer: Alex Lopez H. Case No. 07 -06 -1148 Property Owner(s): John H. Mathis Jr. 7676 Steeplechase Dr. Palm Beach Gardens, FL 33418 -7801 6 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. Violation Location: 7676 Steeplechase Dr. 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: Phase III Water Restrictions Violated on Tuesday, May 22, 2007 at 7:05 a.m. Code Compliance Supervisor: Mohammed Jamal I. Case No. 07 -06 -1149 Property Owner(s): Jeffry S. Fenster 7836 Steeplechase Dr. Palm Beach Gardens, FL 33418 -7803 Violation Location 7836 Steeplechase Dr. 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: Phase III Water Restrictions Violated on Tuesday, May 22, 2007 at 7:00 a.m. Code Compliance Officer: Alex Lopez J. Case No. 07 -06 -1161 Property Owner(s): Donald R. Perry III 7796 Steeplechase Dr. 7 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. Palm Beach Gardens, FL 33418 -7830 Violation Location 7796 Steeplechase Dr 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: Phase III Water Restrictions Violated on Monday, June 4, 2007 at 1:20 a.m. Code Compliance Supervisor: Mohammed Jamal K. Case No. 07 -06 -1163 Property Owner(s): Kim R. Sargent 7675 Steeplechase Dr. West Palm Beach, FL 33418 -7802 Violation Location: 7675 Steeplechase Dr. 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: Phase III Water Restrictions Violated on Monday, June 4, 2007 at l :14 a.m. Code Compliance Supervisor: Mohammed Jamal L. Case No. 07 -06 -1154 Property Owner(s): Anthony Giarrusso 8 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. 101 Beaumont Lane Palm Beach Gardens, FL 33410 -2686 Violation Location: 101Beaumont Lane 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: Phase III Water Restrictions Violated on Monday, June 4, 2007 at 7:01 a.m. Code Compliance Supervisor: Mohammed Jamal M. Case No. 07 -06 -1135 Property Owner(s): Juan Aguero 11885 Birch St Palm Beach Gardens, FL 33410 -2109 Violation Location: 11885 Birch St 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: Phase III Water Restrictions Violated on Saturday, May 26, 2007 at 7:23 a.m. Code Compliance Officer: Alex Lopez N. Case No. 07 -06 -1186 9 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. Property Owner(s): Kissim Ouma & Rena Damone 600 Riverside Dr. Palm Beach Gardens, FL 33410 -4847 Violation Location: 600 Riverside Dr. 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: Phase III Water Restrictions Violated Code Compliance Officer: Alex Lopez O. Case No. 07 -05 -1073 Property Owner(s): Meridian Way Home Owner's Association, Inc. 3001 Meridian Way South Palm Beach Gardens, FL 33410 Tenant(s): Kathleen A. O'Connor 883 Daytona Dr. NE Palm Bay, FL 32905 Violation Location: 10162 Meridian Way N #6 Code Section Violated: 2004 Florida Building Code Section 101.4 Existing Buildings Violation Description: Unsafe condition is present in that an unprotected walking surface exists more than 30' above the adjacent grade 10 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. Porches, balconies or raised floor surfaces require a guard rail. A permit is required. Code Compliance Supervisor Mohammed Jamal P. Case No. 07 -06 -1095 Property Owner(s): Jon M. Rosenthal, Development Manager Ram Reality Services 4801 PGA Blvd Palm Beach Gardens, FL 33410 Violation Location: 4751 PGA Blvd Code Section Violated: Resolution 6, 2006 78 -261 Installation of Artwork Violation Description: Failure to install art work in public places at Midtown- Borland Center Code Compliance Supervisor Mohammad Jamal Q. Case No. 07 -07 -1278 Property Owner(s): Novastar Mrtg Inc 8140 Ward Pky # 200 Kansas City, MO 64114 -2039 Violation Location 1112 Rainwood Circle Code Section Violated: 79 -5 Maintenance and Appearance 34 -122 Owner to keep property clear of rubbish,vegation 11 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. Violation Description: Property is overgrown and trash needs to be removed Code Compliance Supervisor: Mohammed Jamal IV. REQUEST FOR AN EXTENSION OF TIME: (NONE) V. REHEARING (NONE) VI. LIEN CERTIFICATION (NONE) VII. RELEASE OF LIEN (NONE) VIII. NOTICE OF FAILURE TO COMPLY (NONE) IX. REQUEST FOR REDUCTION OF FINE Case No. 07 -05 -1059 Property Owner(s): Melanie Albano 11774 Banyan Street Palm Beach Gardens, FL 33410 Violation Location 11774 Banyan Street 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: Phase H Water Restrictions Violated 12 Special Magistrate 08.0607 AGENDA CITY OF PALM BEACH GARDENS CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AUGUST 6, 2007 COUNCIL CHAMBERS 5:30 P.M. Code Compliance Supervisor: Mitch Wilson X. OLD BUSINESS — CASE UPDATE (NONE) XI. DISCUSSION (NONE) XII. ADJOURN 13 Special Magistrate 08.0607