Special Magistrate (2024-05-16)

MINUTES CODE ENFORCEMENT MAGISTRATE HEARING DOCKET VILLAGE HALL COUNCIL CHAMBERS 226 CYPRESS LANE MAY 16, 2024 10:00 AM If a person decides to appeal any decision made by the Magistrate, they will need a record of the proceeding, and that for such purpose they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CALL TO ORDER The Special Magistrate, Keith Davis, called the Code Enforcement Meeting to order at 10:00 a.m. ROLL CALL Present: Special Magistrate Keith Davis, Code Enforcement Officer Supervisor Thomas Gehrman, Code Enforcement Officer Henry Stout, Code Enforcement Officer Nichole Tamayo, Code Enforcement Officer Joey Sander, Attorney Ruth A. Holmes, Deputy Village Clerk Jane Worth and Records Clerk Andrea Medero. Absent: Code Enforcement Officer Nanciann Cuenot. SWORN IN Special Magistrate Davis swore in the Code Enforcement officers and witnesses. AGENDA CHANGES Code Enforcement Officer Supervisor Thomas Gehrman informed that item #2 and item #3 complied. MOTION HEARINGS 1. CIT Case 2024-30 - 3218 Frost Road - Herman Doorlag CE Officer Tom Gehrman Violation of Village Code of Ordinances Section 30-143: Public nuisance, trash, debris, overgrowth visible Section 10-9: Building (main residence), not maintained, needs repairs, cleaning, painting Section 10-8: Accessory areas & buildings (shed & fence) not maintained

May 16, 2024, Special Magistrate Meeting Minutes Section 30-141: Overgrown grass, hedges, vegetation Section 34-1381: Outdoor storage visible to neighbors Section 6-3: Keeping of fowl, chickens, and roosters Citation Fine: NA Admin Cost: $196.08 Recommendation: $100.00 per violation, per day Compliance Date: June 19, 2024 Code Enforcement Officer Mr. Gehrman reported violations at 3218 Frost Road. The property owner, Herman Doorlag, attended the hearing. Special Magistrate Davis found that Mr. Doorlag violated several sections of the code: Section 30-143, Section 10-9, Section 10-8, Section 30-141, Section 34- 1381, and Section 6-3. The violations must be fixed by August 15, 2024. If not, the Village will charge a daily fine of $100 for each violation until the issues are resolved. The Special Magistrate also imposed administrative costs of $196.08, which are due by August 15, 2024. 2. CIT Case 24-00072 - 3164 Frost Road - Henry Fernandez CE Officer Tom Gehrman Violation of Village Code of Ordinances Section 34-913: Parking a prohibited vehicle in a residential (car hauler trailer) Citation Fine: $200.00 + $30.00 = $230.00 (Paid May 10, 2024) Admin Cost: TBD Recommendation: No additional repeat parking violations Compliance Date: May 27, 2024 (Complied & Paid May 10, 2024) Code Enforcement Officer Supervisor Mr. Gehrman let the Special Magistrate know that this case was in compliance. 3. CIT Case 24-00064 - 3125 Lillian Road - Deorum Fagu, Bibi Fagu CE Officer Tom Gehrman Violation of Village Code of Ordinances Section 34-913: Parking prohibited Panel Box truck at residential. Citation Fine: $50.00 + $30.00 = $80.00 (PAID 5-9-24) Admin Cost: TBD Recommendation: No additional repeat parking violations Compliance Date: May 27, 2024 (Complied and Paid 5-9-24)

May 16, 2024, Special Magistrate Meeting Minutes Code Enforcement Officer Supervisor Mr. Gehrman let the Special Magistrate know that this case was in compliance. 4. Case No. 2024-32 - 3695 Elizabeth Street - Jacky & Suzette P. Joseph CE Officer Joey Sanders. Violation of Village Code of Ordinances Section 34-913: Prohibited commercial vehicles Section 34-883: Hedges Section 30-141: Overgrowth Section 30-142: Landscape maintenance Section 10-8: Driveways Section 10-9: Exterior property maintenance/post "3695" house ID numbers on the mailbox/remove all orange stains off the exterior wall (front column/pillar) Citation Fine: N/A Admin Cost: $297.08 Recommendation: $100.00 per day, per violation Compliance Date: June 1, 2024 Code Enforcement Officer Mr. Sanders testified about the violations cited at 3695 Elizabeth Street. There was no representation from the property owners. Special Magistrate Davis found that the defendant had violated Section 34-913, Section 34-883, Section 30-141, Section 30-142, Section 10-8, and Section 10-9, which must be corrected no later than June 01, 2024. If compliance is not achieved by June 01, 2024, the Village recommends a daily fine of $100.00 per day per violation until the violation is resolved. Special Magistrate Davis assessed administrative costs of $297.08, to be paid by June 01, 2024 5. Case No. 2024-33 - 16 Miller Road - Vassalotti Stone Works LLC CE Officer Joey Sanders Violation of Village Code of Ordinances Section 34-913: Prohibited Commercial Vehicles Section 34-914: Inoperative and/or Unregistered Vehicles Section 34-915: Using Vehicle for Living or Sleeping Purposes Section 10-8: Driveways Section 30-143: Trash/Debris/Materials Section 34-1381: Open Storage Section 10-9: Exterior Property Maintenance/Repair Damaged Screen on Front Porch Enclosure Citation Fine: N/A Admin Cost: $357.08 Recommendation: $100.00 per day, per violation Compliance Date: June 1, 2024

May 16, 2024, Special Magistrate Meeting Minutes Code Enforcement Officer Mr. Sanders testified regarding the violations at 16 Miller Road, with Jason Vassalotti present to represent the property owner. Special Magistrate Davis determined that the defendant violated the following sections: 34-913, 34-914, 34-915, 10-8, 30-143, 34-1381, and 10-9. These violations must be corrected no later than June 19, 2024. If compliance is not achieved by this date, the Village recommends a daily fine of $100.00 per violation until compliance is reached. Additionally, Special Magistrate Davis assessed administrative costs of $357.08, which must also be paid by June 19, 2024. MOTIONS FOR EXTENSION OF TIME FOR COMPLIANCE 6. Case No. 2024-05 - 441 Kirk Road - Jose L. Naranjo & Yilena Naranjo CE Officer Nicole Tamayo Violation of Village Code of Ordinances Section 30-142: Maintenance of swale and right-of-way area required. Broken sidewalk repair required. Section 10-31 (FBC 105.1 & FBC 110.1): Pavers installed without required permits and inspections. Initial Violation: January 03, 2024 Order Finding Violation: January 18, 2024 Compliance Deadline: February 29, 2024 Compliance Date: Not In Compliance Fine Amount: $75.00 per day, per violation Citation Fine: N/A Admin Cost: Paid Recommendation: Extend 90 days Compliance Date: August 29, 2024 Special Magistrate Davis granted the extension of time. 7. Case No. 2024-07 - 241 Tam O' Shanter Drive - Yenny Vidal & Adisbel Valdes CE Officer Nicole Tamayo Violation of Village Code of Ordinances Section 34-890: Home Occupation Section 10-31 (FBC 105.1 & FBC 110.1): No permits and inspections for pavers in the backyard and side yard, white vinyl fencing, and backyard porch enclosure. Initial Violation: January 04, 2024 Order Finding Violation: January 18, 2024

May 16, 2024, Special Magistrate Meeting Minutes Compliance Deadline: February 29, 2024 Compliance Date: Not In Compliance Fine Amount: $75.00 per day, per violation Citation Fine: N/A Admin Cost: Paid Recommendation: Extend 90 days Compliance Date: August 29, 2024 Special Magistrate Davis granted the extension of time. 8. Case No. 2024-10 - 4077 Lake Worth Road - Pronto Enterprises of Palm Beach Inc CE Officer Nanciann Cuenot Violation of Village Code of Ordinances Section 10-8: Exterior of Property - Parking lot Section 10-9: Exterior of Building - Stucco & Paint Section 62-75: Commercial storage area - Dumpster enclosure Section 34-224: Replacement of vegetation Section 34-828(d): Supplemental regulations vending machines - Screen from view Section 34-892: Mechanical equipment - screen from view Section 10-31 (FBC 105.1): Work without permits Section 10-31 (FBC 110.1): Inspections required Initial Violation: January 4, 2024 Order Finding Violation: March 21, 2024 Compliance Deadline: June 19, 2024 Compliance Date: Not in compliance Fine Amount: $75.00 per day per violation Citation Fine: N/A Admin Cost: Paid Recommendation: 90-day extension Compliance Date: September 19, 2024 Special Magistrate Davis granted the extension of time. 9. Case No. 2024-11 - 4053 Lake Worth Road - Pronto Enterprises of Palm Beach Inc CE Officer Nanciann Cuenot. Violation of Village Code of Ordinances

May 16, 2024, Special Magistrate Meeting Minutes Section 10-8: Exterior of Property - Parking lot and fence Section 62-75: Commercial storage area - Dumpster enclosure Initial Violation: January 4, 2024 Order Finding Violation: March 21, 2024 Compliance Deadline: June 19, 2024 Compliance Date: Not in compliance Fine Amount: $75.00 per day per violation Citation Fine: N/A Admin Cost: Paid Recommendation: 90-day extension Compliance Date: September 19, 2024 Special Magistrate Davis granted the extension of time. ADJOURNMENT Hearing no further business, Special Magistrate Davis adjourned the Special Magistrate Meeting at 10:44 a.m. Next Magistrate Hearing is Thursday, June 20, 2024, at 10:00 a.m. The undersigned is the Records Clerk of Palm Springs, Florida, and the information provided herein is the Minutes of the Special Magistrate Meeting held on May 16, 2024. Respectfully, Andrea Medero Records Clerk

May 16, 2024, Special Magistrate Meeting Minutes I. Policy Statement: The Village of Palm Springs values diversity and interested parties, regardless of cultural identity, background, or income level. Moreover, the Village believes the best programs and services result from careful consideration welcomes input from all of the needs of all its communities and when those communities are involved in the decision-making process. The Village does not tolerate discrimination in any of its programs, services, or activities. Pursuant to Title VI of the Civil Rights Act of 1964 and other federal and state authorities, the Village will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, or family status. II. Persons with Disabilities: Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. These laws require federal-aid recipients and other government entities to take affirmative steps to reasonably accommodate those with disabilities and ensure that their needs are equitably represented. The Village will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The Village will also make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by communities with disabilities and disability service groups. The Village encourages the public to report any facility, program, service, or activity that appears inaccessible to those who are disabled. Also, the Village will provide reasonable accommodation to individuals with disabilities who wish to participate in public involvement events or who require special assistance to access facilities, programs, services, or activities. Because providing reasonable accommodation may require outside assistance, the Village asks that requests be made at least three (3) business days prior to the need for accommodation. Questions, concerns, comments, or requests for accommodation should be made to the Village ADA Officer: Name: Ashley Saingilus Address: 226 Cypress Lane, Palm Springs, FL 33461 Email: asaingilus@vpsfl.org Phone: (561) 584-8200 Ext. 8419 III. Complaint Procedures: The Village has established a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found. Any person who believes that he or she has been subjected to discrimination based upon race, color, national origin, sex, religion, age, disability or family status in any Village program, service or activity may file a complaint with the Village Title VI/Nondiscrimination Coordinator: Name: Janette Piedra, Human Resources Manager Address: 226 Cypress Lane, Palm Springs, FL 33461 Email: jpiedra@vpsfl.org Phone: (561) 584-8200 Ext. 8421 Village of Palm Springs Title VI/Nondiscrimination Policy