Minutes_Special Master_06/24/2010 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
June 24, 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, Respondents have applied for
permits to erect a new, code compliant sign and said application is scheduled to be heard
by the Village's Planning and Zoning Board on August 5, 2010.
The Village and the applicant have agreed to re- schedule this matter for the August 26,
2010 code enforcement special magistrate agenda.
Conclusions of law was that the Respondents remain in 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 this matter be reset for a status hearing on August 26,
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
June 24, 2010
Page 2 of 9
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 present at the hearing, and represented by the current owner, Mr.
James K. Jones. There was a finding of proper notice. Code Enforcement Officer Petrick
provided testimony and produced photos of the violations, which continue to exist beyond
the date originally set for compliance by the Special Magistrate. Mr. Jones testified that he
believed he has taken all steps to bring the property into compliance, including the hiring of
a contractor and the preparation of construction plans /drawings. Mr. Jones believed that
the contractor would be applying for the appropriate permits soon.
Conclusions of law were that based on the above stated facts, Respondents remain in
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 a fine be assessed for the violations that continue to
exist on the property. A daily fine of $100.00 per day is hereby assessed beginning March
30, 2010 and continuing until compliance is achieved.
In addition, Respondents were assessed $214.90 for administrative costs from the
Violation Hearing, and $181.69 for administrative costs from this Fine Assessment
Hearing, for total administrative costs of $396.59 to be paid immediately..
Special Master Hearing
June 24, 2010
Page 3 of 9
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.
3. Case Number: 2010 -00006
Inland South East Tequesta LLC
DDR SE Tequesta LLC
CT Corporation System
Daniel Aguirre
105 US Highway 1
Tequesta, FL 33469
PCN: 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, PB61 P32 & 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
Daniel Aguirre and there was a finding of proper notice. Code Enforcement Officer Petrick
testified that the code violations relative to the damaged wall were brought into compliance
as of June 9, 2010. Officer Petrick further testified that the code violations relative to the
vegetation and irrigation system remained in violation. Mr. Aguirre testified that since the
property site plan did not require sod, he did not believe that he was required to use sod to
comply.
Conclusions of law were that based on the above stated facts, Respondents remain in
violation 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.
Special Master Hearing
June 24, 2010
Page 4 of 9
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 previous violation of Chapter 14 Article
VI Section 14 -152, a total fine of $1,200.00 be assessed, representing 48 days during
which this condition remained in violation past the deadline for compliance of April 22,
2010 as set by the Special Magistrate in the Order Finding Violation.
It was the further order of the Special Magistrate that for the violations of Chapter 30
Article II Section 30 -33 and Chapter 78 Article IX Section 78 -399 a daily fine of $25.00 per
day be assessed beginning April 22, 2010 and continue until compliance is achieved.
In addition, Respondents were assessed a total of $928.80 for administrative costs from
the Violation Hearing, the May Fine Assessment Hearing, and this Fine Assessment
Hearing, 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.
4. Case Number: 2010 -00038
Benjamin White
252 Tequesta Circle
Tequesta, FL 33469
PCN: 60- 42 -40 -26 -01 -000 -1660
Legal Description: Tequesta Lot 166
Chapter 14 Article VI Section 14 -152; Building permits
Village Attorney Davis announced this case had complied.
Special Master Hearing
June 24, 2010
Page 5 of 9
5. 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 II Section 30 -32: Excessive
accumulations prohibited; declaration of nuisance
Chapter 30 Article II Section 30 -33; Prohibited Conditions
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;
Respondent John LaComb was present at the hearing, along with Andrew Russo, Mr.
LaComb's real estate agent. There was a finding of proper notice. Code Enforcement
Officer Petrick provided testimony that the health, safety and welfare violations had been
remedied by the Village, which incurred costs of $911.67 in order to abate said violations
(pool barrier and pool water related violations). Officer Petrick testified that the violations
related to vegetation and prohibited property conditions were continuing and had yet to be
corrected. Mr. Russo testified that he was working to close a "short sale" on the subject
property on behalf of the Respondents.
Conclusions of law were that based on the above stated facts, Respondents remain in
violation of Chapter 30, Article II, Section 30 -32, 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.
Special Master Kevin Wagner ordered that Respondents be assessed $911.67 for the
Village of Tequesta's cost to abate the health, safety and welfare violations on the
property. Additionally, Respondents shall be assessed $358.08 in administrative costs for
this hearing. Respondents shall have 60 days to pay said costs.
The Special Magistrate reserved ruling on the assessment of fines for the violations of
Chapter 30, Article II, Section 30 -32, 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 retained 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.
Special Master Hearing
June 24, 2010
Page 6of9
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.
6. Case Number: 2010 -00058
Patricia Hegarty
81 Fairview East
Tequesta, FL 33469
PCN: 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 that the health, safety and welfare
violations had been remedied by the Village, which incurred costs of $982.15 in order to
abate said violations (pool barrier and pool water related violations.) Officer Petrick
testified that the violations related to vegetation and prohibited property conditions were
continuing and had yet to be corrected.
Conclusions of law were that based on the above stated facts, Respondent remains in
violation of Chapter 30, Article II, Section 30 -33 of the Code of Ordinances of the Village of
Tequesta.
Special Master Kevin Wagner ordered that Respondent be assessed $982.15 for the
Village of Tequesta's costs to abate the health, safety and welfare violations on the
property. Additionally, Respondent shall be assessed $268.91 in administrative costs for
this hearing. Respondent shall pay said costs immediately.
The Special Magistrate assessed fines for the violations of Chapter 30 Article II Section
30 -33 of the Code of Ordinances of the Village of Tequesta in the amount of $50.00 per
day beginning May 27, 2010 and continuing until compliance is achieved. The Special
Magistrate retained jurisdiction to enter further orders in this matter as appropriate.
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.
Special Master Hearing
June 24, 2010
Page 7 of 9
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
Violation Hearings
7. Case Number: 2010 -00055
Drew Giles
2 Tradewinds Circle
Tequesta, FL 33469
P C N : 60- 42- 40- 25 -12- 002 -0170
Legal Description: Country Club Point Lt 17 Blk 2
Chapter 30 Article IV Section 30 -113; Removal of prohibited materials
Chapter 30 Article IV Section 30 -233; Dumpster required;
Storage and removal of debris
Village Attorney Davis announced this case had complied.
8. Case Number: 2010 -00049
Astrol Hospitality Inc.
Hassan Ghalam
400 Beach Road
Tequesta, FL 33469
Legal Description: Tequesta Towers Condominium Apartments
OR Book 2239 Page 382
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 present at the hearing, and there was a finding of proper notice. Code
Enforcement Officer Petrick testified that Respondent and his contractor had applied for
appropriate permits earlier this date, and would work with the Village to achieve
compliance and final inspections.
Conclusions of law were that the above stated facts constituted 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 Respondent to comply with Chapter 14 Article VI
Section 14 -152 of the Code of Ordinances of the Village of Tequesta no later than July 21,
Special Master Hearing
June 24, 2010
Page 8of9
2010 at 10 :00 a.m. Should Respondent fail to come into compliance as required by Order
of the Special Magistrate, a fine of $100.00 per day may be assessed for each day the
violation continues.
This matter was 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 retained jurisdiction to enter further orders in this matter
as appropriate.
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 May 27, 2010 Special Master Hearing were approved by the Special
Master.
Adjournment
There being no further cases, the meeting was adjourned at 11:05 a.m.
Respectfully submitted,
Betty Laur
Recording Secretary
Special Master Hearing
June 24, 2010
Page 9of9
ATTEST:
06de Enforcement Officer'
APPROVED: .
Special Master Date Approved
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