Minutes_Special Master_05/27/2010 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
May 27, 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 10:00 A.M. The Pledge of Allegiance was led by
Special Magistrate Kevin Wagner.
STATUS HEARINGS
1. Case Number: 2010 -00007
Prime Management
John Markov
208 -212 US Highway 1
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -36- 000 -0010 through 60- 43- 40- 30 -36- 000 -0120
And 60- 43- 40- 30 -36- 000 -0130 through 60- 43- 40- 30 -36- 000 -250
Legal Description: Tequesta Commerce Center units 1 through 24
Chapter 78 Article XI Sections 78 -737; Painting and 78 -738; Wind
pressure and dead load requirements.
Findings of fact were that Respondents are the owners of the above described property;
Respondents were not present at the hearing, however, there was a finding of proper
notice. Code Enforcement Officer Petrick provided testimony and evidence of the violation
as contained in the Village's evidentiary case file which was accepted into evidence. As of
May 27, 2010 the property is not in compliance.
Conclusions of law were that the above stated facts constitute a violation of Chapter 78,
Article XI, Sections 78 -737 and 78 -738 of the Code of Ordinances of the Village of
Tequesta.
The Special Magistrate ordered that Respondents are in violation of Chapter 78 Article XI
Sections 78 -737 and 78 -738 of the Code of Ordinances of the Village of Tequesta and
ordered them to comply with Chapter 78 Article XI Sections 78 -737 and 78 -738 of the
Code of Ordinances of the Village of Tequesta.
This matter was scheduled for a status hearing on June 24, 2010 at 10:00 a.m. to be held
at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. The
Special Master Hearing
May 27, 2010
Page 2 of 11
Special Magistrate hereby retains jurisdiction to enter further orders in this matter as
appropriate.
Should Respondents violate the same Section of the Code again, they may be subject to a
fine of up to $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.
REPEAT VIOLATION HEARINGS - None
FINE ASSESSMENT HEARINGS
2. Case Number: 2009 - 000211
Grand Bank and Trust of Florida
Joe Prince
395 Tequesta Drive #B
Tequesta, FL 33469
PC N : 60- 42- 40- 25 -39- 000 -0020
Legal Description: TEQUESTA PROFESSIONAL CENTRE UNIT B
Chapter 14 Article VI Section 14 -152 and 14 -157
Building Permits: Double fee for jobs started without a permit
Findings of fact were that Respondents are the owners of the above described property;
Respondents were not present at the hearing, however, there was a finding of proper
notice. Code Enforcement Officer Petrick provided testimony and evidence of the violation
as contained in the Village's evidentiary case file which was accepted into evidence. As of
May 27, 2010 the property is not in compliance. Officer Petrick testified that the
Respondents had contacted him and had requested a continuance of the Fine Assessment
Hearing. The Village had no objection to a continuance of the Fine Assessment Hearing.
Conclusions of law were that the above stated facts constitute a violation of Chapter 14,
Article VI, Sections 14 -152 and 14 -157 of the Code of Ordinances of the Village of
Tequesta.
The Special Magistrate ordered that Respondents are in violation of Chapter 14, Article VI,
Sections 14 -152 and 14 -157 of the Code of Ordinances of the Village of Tequesta, and
ordered them to comply with Chapter 14, Article VI, Sections 14 -152 and 14 -157 of the
Code of Ordinances of the Village of Tequesta immediately.
Special Master Hearing
May 27, 2010
Page 3 of 11
This matter was continued and set for a fine assessment hearing on June 24, 2010 at
10:00 a.m. to be held at the Village Hall Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469. The Special Magistrate hereby retains jurisdiction to enter
further orders in this matter as appropriate.
Should Respondents violate the same Section of the Code again, they may be subject to a
fine of up to $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.
3. Case Number: 2010 -00014
Silvestre and Rosa Mendoza
360 Evergreen Ave
Tequesta, FL 33469
PC N : 60- 42- 40- 25 -06- 023 -0010
Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 23
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Findings of fact were that Respondents are the owners of the above described property;
Respondents were not present at the hearing, however, there was a finding of proper
notice. Code Enforcement Officer Petrick provided testimony and evidence of the violation
as contained in the Village's evidentiary case file which was accepted into evidence. As of
May 27, 2010 the property is not in compliance.
Conclusions of law were that the above stated facts constitute a violation of Chapter 30,
Article II, Section 30 -33 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered that a fine be assessed for the violation that continues to
exist on the property. A daily fine of $50.00 per day is hereby assessed beginning April
22, 2010 and continuing until compliance is achieved. In addition, Respondents shall be
assessed $254.65 for administrative costs from the Violation Hearing and $203.20 for
administrative costs from this Fine Assessment Hearing, to be paid immediately.
This matter was continued and set for a fine assessment hearing on June 24, 2010 at
10:00 a.m. to be held at the Village Hall Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469. The Special Magistrate hereby retains jurisdiction to enter
further orders in this matter as appropriate.
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
Special Master Hearing
May 27, 2010
Page 4of 11
which the violation exits and upon any other real or personal property owned by the
Respondent, pursuant to Chapter 162, Florida Statutes.
4. Case Number: 2010 -00006
Inland South East Tequesta LLC
DDR SE Tequesta LLC
CT Corporation System
Michael Guido
105 US Highway 1
Tequesta, FL 33469
PC N : 60- 43- 40- 30 -00- 003 -0050
Legal Description: 30- 40 -43, WLY 692.40 FT OF GOVLT 3 LYG
E OF & ADJ TO SR 5 (LESS N 200 FT, PB61P32 & PB65P103)
& NLY 121.76 FT OF ELY
Chapter 14 Article VI Section 14 -152; Building Permits, Chapter
30 Article II Section 30 -33; Prohibited Property Conditions,
Chapter 78 Article IX Section 78 -399; Non - working irrigation
system
Findings of fact were that Respondents are the owners of the above described property;
Respondents were not present at the hearing, however, the owners were represented by
the Regional Property Manager and there was a finding of proper notice. Code
Enforcement Officer Petrick provided testimony and evidence of the violation as contained
in the Village's evidentiary case file which was accepted into evidence. As of May 27,
2010 the property is not in compliance.
Conclusions of law were that the above stated facts constitute a violation of Chapter 14,
Article VI, Section 14 -152, Chapter 30 Article II Section 30 -33, and Chapter 78 Article IX
Section 78 -399 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered that a daily fine of $25.00 per day beginning April 22, 2010
be assessed for the violation of Chapter 14 Article VI Section 14 -152 and continue until
compliance is achieved.
The Special Magistrate further ordered that for the violations of Chapter 30 Article II
Section 30 -33 and Chapter 78 Article IX Section 78 -399 of the Code of Ordinances of the
Village of Tequesta the fine be stayed. This matter is hereby scheduled for a Fine
Assessment Hearing on June 24, 2010 at 10:00 a.m. to be held at the Village Hall Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. The Special Magistrate hereby
retains jurisdiction to enter further orders in this matter as appropriate.
Special Master Hearing
May 27, 2010
Page 5 of 11
In addition, Respondents shall be assessed $284.96 for administrative costs from the
Violation Hearing and $339.69 for administrative costs from this Fine Assessment Hearing,
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.
5. Case Number: 2010 -00024
Robert Miller
80 Willow Road
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -06- 000 -0760
Legal Description: RIDGEWOOD HOMES SEC 2 LOT 76
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Chapter 30 Article IX Section 30 -331; Prohibited; declaration of
a nuisance; exceptions.
The Village Attorney announced this case had complied.
VIOLATION HEARINGS
6. Case Number: 2010 -00041
Kraig Shook
50 Dogwood Ridge
Tequesta, Fl 33469
PCN: 60- 42- 40 -25 -2 5- 000 -2210
Legal Description: Tequesta Pines Lot 221
Chapter 10 Article I Section 10 -8; Animals creating a nuisance
The Village Attorney announced this case had been withdrawn by the Village.
7. Case Number: 2010 -00038
Benjamin White
252 Tequesta Circle
Tequesta, FL 33469
Special Master Hearing
May 27, 2010
Page 6 of 11
PCN: 60- 42- 40- 26 -01- 000 -1660
Legal Description: Tequesta Lot 166
Chapter 14 Article VI Section 14 -152; Building permits
Findings of fact were that Respondent is the owner of the above described property;
Respondent was not present at the hearing, however, there was a finding of proper notice.
Code Enforcement Officer Petrick provided testimony and evidence of the violation as
contained in the Village's evidentiary case file which was accepted into evidence. As of
May 27, 2010 the property is not in compliance.
Conclusions of law were that the above stated facts constitute a violation of Chapter 14,
Article VI, Section 14 -152 of the Code of Ordinances of the Village of Tequesta.
Special Master Kevin Wagner ordered that Respondent comply with Chapter 14 Article VI
Sections 14 -of the Code of Ordinances of the Village of Tequesta no later than June 17,
2010. Should they fail to come into compliance as required by this Order, a fine of up to
$250.00 per day may be assessed for each day the violation continues.
This matter is scheduled for a Fine Assessment Hearing on June 24, 2010 at 10:00 a.m. to
be held at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469. The Special Magistrate hereby retains jurisdiction to enter further orders in this
matter as appropriate.
Should Respondent violate the same Section of the Code again, he may be subject to a
fine of up to $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.
8. Case Number: 2010 -00042
CC Realtor Advisors Ltd
Franks Banko
Merlin, Hunter and Codman Inc.
Christina Yeatts
First Link Network
Sean Brown
281 US HWY 1
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -05- 000 -0901
Legal Description: WATERWAY VILLAGE LOT A
Chapter 70 Article 11 Section 70 -43; Engaging in business without
valid receipt; renewal of receipt; penalty for failure to obtain
Special Master Hearing
May 27, 2010
Page 7 of 11
receipt or pay tax.
Chapter 14 Article VI Section 14 -152; Building Permits
The Village Attorney announced this case had complied.
9. Case Number: 2010 - 000036
Royal Tequesta LLC
Donald Allison
734 -746 US HWY 1
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -00- 001 -0170 and 60- 43- 40- 30 -00- 001 -0120
Legal Description: 30- 40 -43, N 200 FT OF S 650 FTOF GOV
LT 1 LYG W OF SR 5 & ADDL R/W and 30- 40 -43, N 150 FT
OF S 800 FTOF GOV LT 1 W OF SR 5 & ADDL R/W (LESS
TR IN OR950P192)
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Findings of fact were that Respondents are the owners of the above described property;
Respondents were not present at the hearing, however, there was a finding of proper
notice. Code Enforcement Officer Petrick provided testimony and evidence of the violation
as contained in the Village's evidentiary case file which was accepted into evidence. As of
May 27, 2010 the property is not in compliance.
Conclusions of law were that the above stated facts constitute a violation of Chapter 30,
Article II, Section 30 -33 of the Code of Ordinances of the Village of Tequesta and such
violation constitutes a serious threat to the health, safety and welfare of the public.
Special Master Kevin Wagner ordered that Respondents comply with Chapter 30 Article II
Section 30 -33 of the Code of Ordinances of the Village of Tequesta no later than June 3,
2010 at 10:00 a.m. Should they fail to come into compliance as required by this Order,
pursuant to §162.06(4) and §162.09(1), FS, the Village of Tequesta is hereby authorized to
enter upon the property and abate the health, safety and welfare violations. Such
authorization does not create a continuing obligation on the part of the Village to make
further repairs or to maintain the property. Any costs incurred by the Village to abate the
health, safety and welfare violations shall be assessed against respondents.
This matter is scheduled for a Fine Assessment Hearing on July 22, 2010 at 10:00 a.m. to
be held at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469. The Special Magistrate hereby retains jurisdiction to enter further orders in this
matter as appropriate.
Special Master Hearing
May 27, 2010
Page 8 of 11
It is further ordered that Respondents shall be assessed $252.91 for administrative costs
to be paid immediately.
Should Respondents violate the same Section of the Code again, they may be subject to a
fine of up to $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.
10. Case Number: 2010 -00051
CJM Trust LLC and Tequesta Cay LLC
D. R. Girvin Esq.
169 Tequesta Drive #22
Tequesta, Fl 33469
PCN: 60- 43- 40- 30 -00- 003 -0012
Legal Description: 30- 40 -43, N 160 FT OF S 1370 FT OF W
122.94 FT OF ELY 248 FT LYG W OF US HWY 1 IN SW
'/4 AS IN OR 1934P992 & OR 1928P540 (LESS S 5.01 FT
TEQUESTA DR RDR/W)
Chapter 70 Article II Section 70 -43: Engaging in business
without valid receipt; renewal of receipt; penalty for failure
to obtain receipt or pay tax.
The Village Attorney announced this case had complied.
11. Case Number: 2010 -00059
John and Ann La Comb
380 Church Road
Tequesta, FL 33469
PCN: 60- 42- 40- 25 -06- 032 -0010
Legal Description: JUPITER IN THE PINES SEC B LT 1
BLK 32
Chapter 30 Article 11 Section 30 -32: Excessive
accumulations prohibited; declaration of nuisance
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Special Master Hearing
May 27, 2010
Page 9 of 11
Chapter 78 Article IX Section 78 -399; Irrigation
Chapter 78 Article IX Section 78 -585; Child restraint barrier
Findings of fact were that Respondents are the owners of the above described property;
Respondents were not present at the hearing, however, there was a finding of proper
notice. Code Enforcement Officer Petrick provided testimony and evidence of the violation
as contained in the Village's evidentiary case file which was accepted into evidence. As of
May 27, 2010 the property is not in compliance.
Conclusions of law were that the above stated facts constitute a violation of Chapter 30,
Article II, Section 30 -32, Chapter 30, Article II, Section 30 -33, Chapter 78 Article IX Section
78 -399 and Chapter 78 Article IX Section 78 -585 of the Code of Ordinances of the Village
of Tequesta and such violation constitutes a serious threat to the health, safety and
welfare of the public.
Special Master Kevin Wagner ordered that Respondents to immediately comply with
Chapter 30, Article II, Section 30 -32, Chapter 30, Article II, Section 30 -33, Chapter 78
Article IX Section 78 -399 and Chapter 78 Article IX Section 78 -585 of the Code of
Ordinances of the Village of Tequesta. Should they fail to come into compliance as
required by this Order, pursuant to §162.06(4) and §162.09(1), FS, the Village of Tequesta
is hereby authorized to enter upon the property and abate the health, safety and welfare
violations. Such authorization does not create a continuing obligation on the part of the
Village to make further repairs or to maintain the property. Any costs incurred by the
Village to abate the health, safety and welfare violations shall be assessed against
respondents.
This matter is scheduled for a Fine Assessment Hearing on June 24, 2010 at 10:00 a.m. to
be held at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469. The Special Magistrate hereby retains jurisdiction to enter further orders in this
matter as appropriate.
It is further ordered that Respondents shall be assessed $358.08 for administrative costs
to be paid immediately.
Should Respondents violate the same Section of the Code again, they may be subject to a
fine of up to $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.
Special Master Hearing
May 27, 2010
Page 10 of 11
12. Case Number: 2010 -00058
Patricia Hegarty
81 Fairview East
Tequesta, FL 33469
PC N : 60- 42- 40- 26 -01- 000 -5320
Legal Description: TEQUESTA LT 532
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Chapter 78 Article IX Section 78 -585; Child restraint barrier
required
Findings of fact were that Respondent is the owner of the above described property;
Respondent was not present at the hearing, however, there was a finding of proper notice.
Code Enforcement Officer Petrick provided testimony and evidence of the violation as
contained in the Village's evidentiary case file which was accepted into evidence. As of
May 27, 2010 the property is not in compliance.
Conclusions of law were that the above stated facts constitute a violation of Chapter 30,
Article II, Section 30 -33 and Chapter 78 Article IX Section 78 -585 of the Code of
Ordinances of the Village of Tequesta and said violation of Chapter 78 -585 constitutes a
serious threat to the health, safety and welfare of the public.
Special Master Kevin Wagner ordered that Respondent immediately comply with Chapter
78 Article IX Section 78 -585 of the Code of Ordinances of the Village of Tequesta. Should
she fail to come into compliance as required by this Order, pursuant to §162.06(4) and
§162.09(1), FS, the Village of Tequesta is hereby authorized to enter upon the property
and abate the health, safety and welfare violations. Such authorization does not create a
continuing obligation on the part of the Village to make further repairs or to maintain the
property. Any costs incurred by the Village to abate the health, safety and welfare
violations shall be assessed against respondents.
Special Master Wagner further ordered that Respondent shall comply with Chapter 30
Article II Section 30 -33 no later than June 10, 2010 at 10:00 a.m. Should Respondent fail
to come into compliance as required by this order, a fine of $250.00 per day may be
assessed for each day the violation continues.
This matter is scheduled for a Fine Assessment Hearing on June 24, 2010 at 10:00 a.m. to
be held at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469. The Special Magistrate hereby retains jurisdiction to enter further orders in this
matter as appropriate.
Special Master Hearing
May 27, 2010
Page 11 of 11
It is further ordered that Respondent shall be assessed $268.91 for administrative costs to
be paid immediately.
Should Respondent violate the same Section of the Code again, she may be subject to a
fine of up to $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
FORCLOSURE AUTHORIZATIONS - None
FINE REDUCTION HEARINGS - None
The minutes of the March 25, 2010 Special Master Hearing were approved by the Special
Master.
Adjournment
There being no further cases, the meeting was adjourned at 10:45 a.m.
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
Iiic
Code Enforcement Officer
APPROVED:
\a 0
Special Master Date Approved