TOWN OF MANGONIA PARK CODE ENFORCEMENT SPECIALMAGISTRATE HEARING JULY 23, 2024 1:30P.M. SPECIAL MAGISTRATE: B. DOUGLAS MACGIBBON, ESQUIRE CODE VIOLATION HEARING: 1. Case No. 2024-11 Violation Address: 1208 Giller Avenue Mangonia Park, FL33407-2133 Legal Description: Lot 5, Block 7 PCN: PCN: 4443430505.07-050 OWNER: Catherine Francis & Julia Ann Lake 1208 Giller Avenue Mangonia Park, FL 33407-2133 Sec. 6-242. Responsibilities of owners, operators and occupants. The owner: shall not occupy, permit another to occupy, or let to another for occupancy any real property ori improvements thereon that are not clean, sanitary, safe and fit for human habitation. (1) Every owner, operator or occupant of every property shall be responsible for the following a. Keeping in a clean and sanitary condition that part of the property, he/she occupies or controls, including alle equipment, sanitary facilities, yards, courts, driveways, lawns and shrubbery. f.K Keeping the premises free from growth of weeds, grass, other flora, and' "rubbish",trash: and other refuse in accordance with all applicable laws. Additionally, no owner of any property shall allow the growth ofweeds, grass, trees or other flora to create a' "blighting influence" on the surrounding property; all shrubbery and trees shall be trimmed and maintained on a regular basis so as toj present a neat Its shall be unlawful for any owner or owners of any lot, parcel or tract of land within the town toj permit weeds, grass or undergrowth to grow thereon to al height oft twelve (12) inches or more from the ground; to permit rubbish,trash, debris, dead trees or other unsightly or unsanitary matter to remain thereon or to permit the existence of depressions or excavations or any other conditions on such premises wherein water may accumulate and: stand in such ai manner or fashion as to1 make possible the propagation of mosquitoes appearance. Sec. 27-16.-E High weeds, debris, excavations prohibited. therein. 1 2. Case No. 2024-12 Violation Address: 1129 Foster RD Mangonia Park, FL33407 Legal Description: Roebucks Subdivision, Lot39 PCN: 444343.05.08.00.090 OWNER: Corina Hernandez & Ludwig Rodriguez 38201 NW 183rd Street Apt 201 Opal Locka FL33055 Sec. 6-240. N Maintenance and appearance standards for all real property and (a)7 The owner and/or operator of allj properties within the town shall maintain the exterior of the premises in such a manner to conform with all town codes and ordinances. In order to avoid blighting influences on neighboring properties and to avoid the creation of hazards to public health, safety and welfare, properties shall be maintained in accordance with the following standards.(2) The exterior ofall premises and every structure thereon, including all parts oft the structure and appurtenances where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration". All screened enclosures shall be properly fitted and maintained. All other surfaces shall bei maintained free of weathering, discoloration, ripping, tearing or other holes or breaks, broken glass, crumbling stone, brick or stucco or other conditions reflective of "deterioration" or inadequate maintenance. There shall be no sagging or leaning out of plumb of the building or any part oft the building. (3) All surfaces requiring paint or protective coating shall be kept painted or protected. Painted improvements thereon. surfaces shall be maintained free of graffiti and void of" "deterioration". Sec. 6-242.- - Responsibilities of owners, operators and occupants. The owner shall not occupy, permit another to occupy, or let to another for occupancy any real property or improvements thereon that are not clean, sanitary, safe and fit for human habitation. (I) Every owner, operator or occupant of every property shall be responsible for the following a. Keeping in a clean and sanitary condition that part of the property he/she occupies or controls, including all equipment, sanitary facilities, yards, courts, driveways, lawns and shrubbery. c. Preventing the infestation of rodents, vermin and other pests within the property he/she occupies or controls. f. Keeping the premises free from growth of weeds, grass, other flora, and' "rubbish", trash and other refuse in accordance with all applicable laws. Additionally, no owner of any property shall allow the growth of weeds, grass, trees or other flora to create a' "blighting influence" on thes surrounding property; all shrubbery and trees shall be trimmed and maintained on a regular basis so as to present a neat appearance. h. Maintaining the exterior ofe every building or structure in a good state of repair with all surfaces thereof painted where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of graffiti, broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Garbage storage receptacles or garbage disposal facilities shall be provided and maintained for the disposal of garbage at every occupied building or structure. Sec. 6-243. Repair of motor vehicle and watercraft within residential areas. 2 (a) It shall be unlawful for the occupant ofa a residential property to perform repairs, other than incidental maintenance, upon a1 motor vehicle or watercraft inj plain view from the street or adjoining property. It shall also be unlawful to perform incidental maintenance or other repair upon a motor vehicle or watercraft noti in their ownership upon such property. Sec. 27-16. High weeds, debris, excavations prohibited. Its shall be unlawful for any owner or owners of any lot, parcel or tract ofl land within the town toj permit weeds, grass or undergrowth to grow thereon to a height oftwelve (12) inches or more from the ground; to permit rubbish, trash, debris, dead trees or other unsightly or unsanitary matter to1 remain thereon or to permit the existence of depressions or excavations or any other conditions on such premises wherein water may accumulate and stand: in: such ai manner or fashion as tor make possible the propagation ofmosquitoes therein. 3 3. Case No. 2024-13 Violation Address: 5475 Maule Way, Unit #29 Mangonia Park, FL: 33407 Legal Description: GOVTLot 9-6 5-43-43, NLY 460.30 FT OF WLY 590.92 FTOFE ELY 1158.581 FT (LESS S 75.07 FT OFW:200FT) OFGOVLT9 PCN: 444343.05.000-0060 OWNER: Dexter Way LLC 7071 W Commercial Blvd Ste 2A Fort Lauderdale, FL33319-2143 (tenant: Owen Clayton) DIVISION 2.. - PUBLIC. NUISANCE ARTICLE III. -NOISE Sec. 15-37.-1 Musical instruments and radios. (a) Certain acts declared unlawful. The following acts, and the causing thereof, among others, are declared tol be unlawful and in violation of this chapter: (1).A Noise) for entertaimment purposes. It shall be unlawful for any person or persons toj play, use, operate, or permit to be played, used or operated, any radio, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound ifs such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in subsection (a), unless permission shall have been granted by the town council as stated in subsection (c). a. Violation will occur ift the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thoroughfare, or other public area, or is located in or upon aj public access area, such as a shopping mall, parking lot, etc. or on any private property, and the sound can be heard more than fifty (50) feet from its source or, if the noise source is in al building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surrounding such building or structure whichever is greater. b. Where the noise source is located in al building or other structure, the owner, occupant, resident, manager, or other person in charge oft the premises shall, if present, be presumed tol have permitted the C. Any person or business requesting an exemption to the forgoing requirements, shall make application to the town council, and the town council shall have the sole discretion and authority to designate the conditions ofs such exemption, including the power to revoke such exemption should the terms or noise in the absence of evidence to the contrary. conditions thereofbe violated. ARTICLE II.- BUSINESS TAXES Sec 14-16-Levy of business tax; registration. (a). Business tax levied. A tax is hereby fixed andi imposed upon every person who maintains aj permanent business location or branch office within the town for the privilege of engaging in or managing any business, profession or occupation within the town. A business tax is also hereby levied upon any person 4 who does not qualify under the provisions noted hereinabove and who transacts any business or engages in any occupation or profession ini interstate commerce, ifsuch business tax is not prohibited by Section 8of Articlel loft the United States Constitution. This tax shall not be construed to mean any fee or license paid to any commission or official for permits or examinations which are deemed to be regulatory and are requirements in addition to and noti in lieu of the business tax imposed under the provisions of this article. (b). Registration of lemporary businesses, occupations, and professions. Any person who does not falli into any one (1) of the categories set forth above in subsection (a) but who comes within the corporate limits of the town to carry on, complete, perform or engage in any type of business, is hereby required to register with the town by filling out a registration form with thet town clerk, except that this registration requirement shall not apply to any trade or business regulated by the Department ofl Business and Professional Regulation pursuant tol F.S. $205.065. Persons for whom registration is required must provide a copy ofa valid business tax receipt issued by another municipality and/or by Palm Beach County indicating that he possesses a valid business tax receipt at the location ofl his branch or permanent office and must provide appropriate credentials and/or certificates as required by the town, according to the type of business. A nominal, nonrefundable registration fee shall be charged to cover administrative costs in registering these additional businesses, occupations and professions; the amount ofwhich registration fee shall be set by resolution oft the town council. 4. ADJOURNMENT NOTE: Any person who decides to appeal any decision of the Special Master with respect to any matter considered at this meeting will need to ensure that a verbatim record oft the proceedings is made, which record includes the testimony and upon which INACCORDANCE' WITH" THE PROVISIONS OF THE. AMERICANS DISABILITIES. ACT (ADA), THIS DOCUMENTO CANBE MADE AVAILABLE IN AN ALTERNATIVE FORMAT (LARGE PRINT) UPON REQUEST AND SPECIAL ADVANCE NOTICE, FOR HEARING. ASSISTANCE: IF. ANY PERSON WISHES TO USE A HEARING DEVICE, PLEASE CONTACT the appeali ist tol be based. The Towno of Mangonial Park does not provide this service. THETOWNCLERK PRIOR TOA ANYI MEETINGI INTHETOWNHALL. 5