Minutes_Special Master_02/25/2010VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
February 25, 2010
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe
Petrick, Village Attorney Keith Davis, Recording Secretary Betty
Laur.
The hearing was called to order at 10:04 A.M. The Pledge of Allegiance was led
by Special Magistrate Kevin Wagner.
Status Hearing:
Case Number: 2009-000211
Grand Bank and Trust of Florida
Joe Prince
395 Tequesta Drive #B
Tequesta, FL 33469
PCN: 602-40-25-39-000-0020
Legal Description: TEQUESTA PROFFESSIONAL CENTRE UNIT B
Chapter 14 Article VI Section 14-152; Building Permits
Chapter 14 Article VI Section 14-157; Fee for Job Started Without
Permit
Findings of fact were that Respondent is the owner of the above-described
property. The Respondent was not represented at the hearing; however, there
was a finding of proper notice of the violation and the hearing. Code
Enforcement Officer Joe Petrick testified to, and offered evidence of the
existence of the violation as contained in the Village's evidentiary case file which
was accepted into evidence.
Conclusions of law were that based on the above-stated facts, Respondent is in
violation of Chapter 14 Article VI Section 14-152 and Chapter 14 Article VI
Section 14-157 of the Code of Ordinances of the Village of Tequesta.
Special Master Kevin Wagner ordered the Respondent to comply with Chapter
14 Article VI Section 14-152 and Chapter 14 Article VI Section 14-157 of the
Code of Ordinances of the Village of Tequesta.
No fine is assessed at this time, however, a Fine Assessment Hearing will be
held before the Special Magistrate on the 25"' day of March, 2010 at 10:00 am at
the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida 33469.
Special Master Hearing
January 28, 2010
Page 2 of 8
A certified copy of this Order may be recorded in the Public Records of Palm
Beach County, Florida, and, once recorded, shall constitute a lien against the
property upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Repeat Violation Hearings:
Case Number: 2010-000028
William Patagonia
144 Magnolia Way
Tequesta, FL 33469
PC N : 60-42-40-255-000-00430
Legal Description: RIVERSIDE OAKS RPL LT 43
Chapter 10 Article II Section 10-34; Dogs Running at Large
Findings of fact were that the Respondent was not present; however, there was a
finding of proper notice. The parties have agreed to continue this matter and
requested that the case be continued to the March 25, 2010 agenda.
Special Master Wagner ordered that this matter is continued to the March 25,
2010 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, and no further continuances of this
matter shall be granted.
Fine Assessment Hearings -None
Violation Hearings:
Case Number: 2009-000215
Oz of Tequesta Inc.
Dorothy Campbell
377-387 Tequesta Drive
Tequesta, FL 33469
P C N : 60-42-40-2 5-10-002-0082
Legal Description: RESUBDIV OF A PORTION OF JUPITER IN
THE PINES SEC B SLY 0.15 FT OF LOT 8 IN OR1711 P1303 &
LOT 9 PARCEL B
Chapter 78 Article XI Section 78-745; Prohibited in all zoning
Categories
Special Master Hearing
January 28, 2010
Page3of8
Findings of fact were that the Respondent is the owner for the above-described
property. The Respondent, Dorothy Campbell, was present and there was a
finding of proper notice. Cyrese Colbert and Julie Beaumont were present and
testified on behalf of the Respondent. Officer Petrick testified to and offered
photographs depicting the existing violations.
Conclusions of law were that the above-stated facts constitute a violation of
Chapter 78 Article XI Section 78-745 of the Code of Ordinances of the Village of
Tequesta.
Special Master Wagner ordered #hat the Respondent is in violation of Chapter 78
Article XI Section 78-745 of the Code of Ordinances of the Village of Tequesta,
and is hereby ordered to comply with Chapter 78 Article XI Section 78-745 of the
Code of Ordinances of the Village of Tequesta by 4:00 p.m. on March 11, 2010.
A fine assessment hearing is hereby scheduled for March 25, 2010 at 10:00 a.m.
at the Village of Tequesta Village Hall Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469.
Should Respondent violate the same Section of the Code again, Respondent
may be subject to a fine of up to five hundred dollars ($500.00) per day for such
repeat violation. Additionally, the Code Officer is not required to give a
reasonable time to correct the repeat violation and the case may be presented to
the Special Magistrate even if the repeat violation has been corrected prior to the
Special Magistrate hearing.
Respondent shall be assessed $218.15 for administrative costs to be paid
immediately.
A certified copy of this Order may be recorded in the Public Records of Palm
Beach County, Florida, and, once recorded, shall constitute a lien against the
property upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Case Number: 2009-000201
William and Lois Gray
63 Live Oak Circle
Tequesta, FI 33469
PC N: 60-43-40-30-42-000-0720
Legal Description: TEQUESTA OAKS LOT 72
Chapter 30 Article X Section 30-361; Prohibited noise generally
Special Master Hearing
January 28, 2010
Page 4 of 8
Findings of fact were that the Respondents are the owners for the above-
described property. The Respondent, Lois Gray, was present at the hearing and
there was a finding of proper notice. Ms. Gray appeared and presented testimony
and evidence. Code Enforcement Officer Joe Petrick testified to, and offered
evidence of the existence of the violation as contained in the Village's evidentiary
case file which was accepted into evidence. Betsy Hatfield appeared and
presented testimony and evidence of the violations. As of the hearing on
February 25, 2010, based on testimony presented by the Code Enforcement
Officer and witness, the property was found to have violated Chapter 30 Article X
Section 30-361 a minimum of one (1) time.
Conclusions of law were that the above-stated facts constitute a violation of
Chapter 30 Article X Section 30-361 of the Code of Ordinances of the Village of
Tequesta.
Special Master Wagner ordered that Respondents cease and desist any further
violation of Chapter 30 Article X Section 30-361 and continue to comply with
Chapter 30 Article X Section 30-361 of the Code of Ordinances of the Village of
Tequesta. No fine is assessed at this time; however, Respondents shall be
assessed $232.90 for adminis#rative costs to be paid immediately.
Should Respondents violate the same Section of the Code again, Respondents
may be subject to a fine of up to five hundred dollars ($500.00) per day for such
repeat violation. Additionally, the Code Officer is not required to give a
reasonable time to correct the repeat violation and the case may be presented to
the Special Magistrate even if the repeat violation has been corrected prior to the
Special Magistrate hearing.
A certified copy of this Order may be recorded in the Public Records of Palm
Beach County, Florida, and, once recorded, shall constitute a lien against the
property upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Case Number: 2010-000002
Leonhardt-Sullivan and Associates Inc.
Joan Sullivan
150-152 Bridge Road
Tequesta, FL 33469
PC N : 60-43-40-30-00-000-7080
Legal Description: 30-40-43, W 65 FT OF E 630.21 FT OF N 125
OFS613.76FTOF'/4
Chapter 14 Article V1 Section 14-152; Building Permits
Special Master Hearing
January 28, 2010
Page 5 of 8
Findings of fact were that the Respondent was not present; however, there was a
finding of proper notice. The parties have agreed to continue this matter and
requested that the case be continued to the March 25, 2010 agenda.
Special Master Wagner ordered that this matter is continued to the March 25,
2010 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Case Number: 2010-000013
J&J Realty Holdings of Jupiter
Joseph Capasso and Jeanette Roberts
371 Cypress Drive #B
Tequesta, FL 33469
PCN: 60-43-40-30-03-002-0040
Legal Description: JUPITER IN THE PINES SEC C LTS 4
THRU 6 BLK 2
Chapter 78 Article XI Sections 78-733; Applicability of building
and Electrical codes, and 78-745; Prohibitions in all zoning
categories
Findings of fact were that the Respondents are the owners for the above-
described property. The Respondents were not present at the hearing; however,
there was a finding of proper notice. OfFicer Petrick testified to and offered
photographs depicting the existing violations of Sections 78-733 and 78-745 of
the Code of Ordinances of the Village of Tequesta.
Conclusions of law were that the above-stated facts constitute a violation of
Chapter 78 Article XI Section 78-733, and Chapter 78 Article XI Section 78-745
of the Code of Ordinances of the Village of Tequesta.
Special Master Wagner ordered that Respondents comply with Chapter 78
Article XI Section 78-733 and Chapter 78 Article XI Section 78-745 of the Code
of Ordinances of the Village of Tequesta by 4:00 p.m. on March 27, 2010.
Compliance shall be achieved by obtaining the proper permit. Should
Respondents fail to come into compliance as required by this Order, a fine of
$50.00 per day may be assessed for each day the violation continues. A fine
assessment hearing is hereby scheduled for March 25, 2010 at 10:00 a.m. at the
Village of Tequesta Village Hall Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469.
Special Master Hearing
January 28, 2010
Page 6 of 8
Should Respondents violate the same Section of the Code again, Respondents
may be subject to a fine of up to five hundred dollars ($500.00} per day for such
repeat violation. Additionally, the Code Officer is not required to give a
reasonable time to correct the repeat violation and the case may be presented to
the Special Magistrate even if the repeat violation has been corrected prior to the
Special Magistrate hearing.
Respondents shall be assessed $283.15 for administrative costs to be paid
immediately.
A certified copy of this Order may be recorded in the Public Records of Palm
Beach County, Florida, and, once recorded, shall constitute a lien against the
property upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Case Number: 2009-000221
Kevin and Karen Newfield
83 River Drive
Tequesta, FL 33469
PCN: 60~2~0-26-01-000-0250
Legal Description: TEQUESTA LT 25
Chapter 14 Article VI Sections 14-152; Building Permits, 14-
153
Plumbing Permits, 14-154; Electrical Permits, 14-157; Double
fee for work started without a permit
The Village Attorney announced this case had been pulled from the agenda.
Foreclosure Authorizations -None
Fine Reduction Hearings:
Case Number: 2009-000183
Express Equity Lending Group
Mirielle Abraham
2 Pine Hill Trail West
Tequesta, FL 33469
PCN : 60-42-40-25-25-000-2020
Legal Description: TEQUESTA PINES LOT 202
Special Master Hearing
January 28, 2010
Page 7 of 8
Findings of Fact were that the Respondent was not present; however, the
Respondent was represented at the hearing by Susan De Matias, the current
purchaser of the property. Ms. De Matias requested a reduction in fine. The
Village Code Officer testified that the property is now in compliance, but was out
of compliance for a total of one hundred and forty-eight days. The original fine
was assessed in the total amount of $29,600.00.
Conclusions of law were that the Respondent is no longer in violation of Chapter
30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Wagner ordered that the Respondent's fine shall be reduced to
$415.09, representing the Village's administrative costs in this matter. If this
reduced fine of $415.09 is not paid in full to the Village of Tequesta within thirty
days of the rendering of this Order, the original fine amount of $29,600.00 shall
be reinstated.
The minutes of the January 28, 2010 Special Master Hearing were approved by
the Special Master.
Adiournment
There being no further cases, the meeting was adjourned at 11:00 a.m..
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
Code Enforcement Officer
APPROVED:
Special Master Date Approved