Minutes_Special Master_09/23/2010 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
September 23, 2010
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, Village
Attorney Jennifer Gaston
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by
Special Magistrate Kevin Wagner.
STATUS HEARINGS - None
REPEAT VIOLATION HEARINGS -None
FINE ASSESSMENT HEARINGS
1. Case Number: 2010 -00066
Clifford Gilbert and Dana Sheehan
109 Beechwood Trail
Tequesta, FI 33469
PCN: 60- 42- 40 -25 -25 -000 -1340
Legal Description: TEQUESTA PINES LOT 134
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Chapter 30 Article IX Section 30 -331; Prohibited; declaration
of nuisance; exceptions
Chapter 14 Article VI Section 14 -152; Building Permits
Findings of fact were that the Respondents are the owners of the above - described
property, and the Respondent Dana Sheehan was present at the hearing. The
Respondent Clifford Sheehan was not present at the hearing; however, there was a finding
that proper notice was given to the property owners of the violation and of the hearing. By
the "Order Finding Violation" dated August 31, 2010, the Special Magistrate ordered the
Respondents to comply with Sections 30 -33, 30 -331 and 14 -152 of the Code of
Ordinances of the Village of Tequesta on or before September 9, 2010. Based upon the
evidence, pictures and testimony presented at the hearing on September 23, 2010, the
Special Magistrate found that the property was brought into compliance with Sections 30-
33, 30 -331 and 14 -152 on September 23, 2010.
Special Master Hearing
September 23, 2010
Page 2 of 7
Conclusions of law were that the above - stated facts constitute a violation of Sections 30-
33, 30 -331 and 14 -152 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered that Respondents be assessed the previous
administrative costs incurred by the Village of Three Hundred and Three Dollars and
Ninety -Four Cents ($303.94), and the additional administrative costs incurred by the
Village of Two Hundred and Fifty Dollars and Eighty -Three Cents ($250.83), for a total of
Five Hundred and Fifty -Four Dollars and Seventy -Seven Cents ($554.77).
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 Inspector 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. Should a
dispute arise concerning compliance, either party may request a hearing before the Code
Enforcement Special Magistrate on the issue of compliance only.
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
Respondents, pursuant to Chapter 162, Florida Statutes.
2. Case Number: 2010 -00074
David Kydd
20 Pine Hill Trail East
Tequesta, FI 33469
PC N : 60-42-40-25-25-000-0380
Legal Description: TEQUESTA PINES LOT 38
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 the Respondent is the owner of the above - described property.
Respondent was not present at the hearing; however, there was a finding that proper
notice was given to the property owner of the violation and of the hearing. By the
"Order Finding Violation" dated August 31, 2010, the Special Magistrate ordered the
Respondent to comply with Section 30 -33 of the Code of Ordinances of the Village of
Tequesta on or before September 22, 2010. By the "Order Finding Violation" dated August
31, 2010, the Special Magistrate ordered the Respondent to comply with Section 78 -585 of
the Code of Ordinances of the Village of Tequesta on or before August 31, 2010. Based
upon the evidence, pictures and testimony presented at the hearing on September 23,
Special Master Hearing
September 23, 2010
Page 3 of 7
2010, the Special Magistrate found that the property remained in violation of Sections 30-
33 and 78 -585.
Conclusions of law were that the above - stated facts constitute a continuing violation of
Sections 30 -33 and 78 -585 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered that a Fine of Fifty Dollars ($50.00) be assessed at
Fifty Dollars ($50.00) per day for the Section 30 -33 violations which have existed on the
property beginning September 23, 2010, through September 23, 2010, a period of one (1)
day; and the fine amount shall continue to accrue at Fifty Dollars ($50.00) per day until
compliance is achieved.
Special Magistrate Wagner ordered that a Fine of Three Thousand Four Hundred and Fifty
Dollars ($3,450.00) be assessed at One Hundred and Fifty Dollars ($150.00) per day for
the Section 78 -585 violations which have existed on the property beginning September 1,
2010, through September 23, 2010, a period of twenty -three (23) days; and the fine
amount shall continue to accrue at One Hundred and Fifty Dollars ($150.00) per day until
compliance is achieved.
Respondent was also assessed the previous administrative costs incurred by the Village of
Two Hundred and Sixty -Seven Dollars and Forty -Four Cents ($267.44), and the additional
administrative costs incurred by the Village of Two Hundred and Eighty -Five Dollars and
Eighty -Eight Cents ($285.88).
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 Inspector 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.
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
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
3. Case Number: 2010 -00072
Special Master Hearing
September 23, 2010
Page 4 of 7
Nancy and John McCallister
61 Hickory Hill Road
Tequesta, Fl 33469
PCN: 60-42-40-25-25-000-1840
Legal Description: TEQUESTA PINES LOT 184
Chapter 14 Article VI Section 14 -152; Building Permits
Chapter 14 Article VI Section 14 -155; Mechanical Permits
Chapter 14 Article VI Section 14 -157; Fee for job started
without a permit
Findings of fact were that Respondents were not present at the hearing; however, there
was a finding of proper notice.
Special Magistrate Wagner ordered that this matter be tabled until December 9, 2010.
Respondents were ordered to appear at the Violation Hearing which will be held on the 9th
day of December, 2010 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that
Respondents had timely brought their property into compliance.
4. Case Number: 2010 -00060
Stephen and Laura Coffey
368 Church Road
Tequesta, FI 33469
PCN: 60- 42- 40- 25 -06- 032 -0040
Legal Description: JUPITER IN THE PINES SEC B LT 4
BLK 32
Chapter 14 Article VI Section 14 -155; Mechanical Permits
Chapter 14 Article VI Section 14 -153; Plumbing Permits
This case was withdrawn by the Village.
5. Case Number: 2010 -00093
Scharfe Handelsgellschaft
120 Bridge Road
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -00- 000 -7200
Special Master Hearing
September 23, 2010
Page 5 of 7
Legal Description: 30- 40-43, W 250 FT OF N 140 FT OF S
613.76 FT OF SW 1 /4 IN OR 1222P260
Chapter 14 Article VI Section 14 -152; Building Permits
Chapter 14 Article VI Section 14 -154; Electrical Permits
Chapter 14 Article VI Section 14 -157; Fee for job started
without a permit
Findings of fact were that Respondent was not present at the hearing; however, there was
a finding of proper notice.
Special Magistrate Wagner ordered that this matter be tabled until December 9, 2010.
Respondent was ordered to appear at the Violation Hearing which will be held on the 9th
day of December, 2010 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that
Respondents had timely brought their property into compliance.
6. Case Number: 2010 -0095
Kerry Menzer
348 Beacon Street
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -04- 031 -0170
Legal Description: JUPITER IN THE PINES SEC D
LOT 17 BLK 31
Chapter 78 Article IX Section 78 -643; R1 Violation
This case was withdrawn by the Village since it had come into compliance.
Special Master Hearing
September 23, 2010
Page 6 of 7
FORECLOSURE AUTHORIZATIONS - None
FINE REDUCTION HEARINGS - None
The minutes of the August 26, 2010 Special Master Hearing were approved by the Special
Master.
Adjournment
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
Code nforcement Officer
i'
APPROVED:;
1 21 OCc
,-
Special Master Date Approved