Minutes_Special Master_12/09/2010 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
December 9, 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
FINE ASSESSMENT HEARINGS
1. Case Number: 2010 -00049
Hassan Ghalam
400 Beach Road
Tequesta, FL 33469
Legal Description: TEQUESTA TOWWERS CONDOMINIUM
ASSOCIATION OR BOOK 2239 PAGE 382
Chapter 14 Article VI Section 14 -152; Building Permits
Findings of fact were that the Respondent Tequesta Towers Condominium Association,
Inc. is the owner of the common elements in Tequesta Towers Condominium Apartments
located at the above - mentioned address. The Respondent was represented by Hassan
Ghalam, the property manager for Tequesta Towers Condominium Apartments, at the
hearing. 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 June 24, 2010, the
Special Magistrate ordered the Respondent to comply with Section 14 -152 of the Code of
Ordinances of the Village of Tequesta on or before July 21, 2010, or be subject to a fine.
Based upon the evidence and testimony presented at the hearing on December 9, 2010,
the Special Magistrate found that the property was not brought into compliance with
Section 14 -152 of the Code of Ordinances of the Village of Tequesta on or before July 21,
2010. The property was brought into compliance on September 27, 2010.
Conclusion of law was the above - stated facts constitute a violation of Section 14 -152 of
the Code of Ordinances of the Village of Tequesta.
Special Master Hearing
December 9, 2010
Page 2of9
Special Master Kevin Wagner ordered that a Fine of Three Thousand Three Hundred and
Fifty Dollars ($3,350.00) be assessed, at Fifty Dollars ($50.00) per day, for the violations
which existed on the property beginning from July 22, 2010 through September 27, 2010,
a period of sixty -seven (67) days. The Respondent also was assessed $714.70 for
administrative costs incurred by the Village prior to December 9, 2010.
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.
REPEAT VIOLATION HEARINGS
2. Case Number: 2010 - 000109
Village Square
Tequesta Investors, LP; Frank Banko
Merlin Hunter Codman Inc; Christina Yeatts
219 -281 US HWY 1
Tequesta, FL, 33469
P C N : 60- 43- 40- 30 -05- 000 -0901
Legal Description: WATERWAY VILLAGE LOT A
Chapter 78 Article IX Section 78 -745; Prohibitions in all
Zoning categories
Findings of fact were that the Respondent Tequesta Investors, LP is owner of the above -
described property. The Respondent was not present at the hearing; however, there was
a finding of proper notice. Code Enforcement Officer Joe Petrick testified to, and
presented photographs of, the existence of the repeat violation. Officer Petrick also
presented the previous Orders Finding Repeat Violation, which established prior repeat
violations on the property within the last five (5) years. Based upon the evidence
presented, the property is in violation of Chapter 78 Article IX Section 78 -745 of the Code
of Ordinances of the Village of Tequesta. The record reflects that the same Respondent
was in violation of the same code provision at the same property within the last five (5)
years. As such, this is a repeat violation.
Special Master Hearing
December 9, 2010
Page 3 of 9
Conclusion of law was that based on the above - stated facts, Respondent was in repeat
violation of Chapter 78 Article IX Section 78 -745 of the Code of Ordinances of the Village
of Tequesta.
Special Magistrate Wagner ordered that a Fine of Two Thousand Two Hundred and Fifty
Dollars ($2,250.00) be assessed, at Fifty Dollars ($50.00) per day, for the repeat violation
which existed on the property beginning October 25, 2010, through December 9, 2010, a
period of Forty -five (45) days, and that the fine amount shall continue to accrue at Fifty
Dollars ($50.00) per day until compliance is achieved. Respondents also were assessed
the Village's administrative costs in the amount of Two Hundred Seventy -Six Dollars and
Sixty -Three Cents ($276.63).
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.
3. Case Number: 2010 - 000112
Derek Decillo
104 Lighthouse Circle #E
Tequesta, FI 33469
PCN: 60 -43- 40- 30 -51- 009 -1030
Legal Description: TEQUESSTA TRACE CONDOMINIUM
UNIT 9103
Chapter 10 Article I Section 10 -8; Animals creating a nuisance
Findings of fact were that the Respondent was not present at the hearing; however, there
was a finding of proper notice. Code Enforcement Officer Joe Petrick testified to the
existence of the repeat violation. Officer Petrick also testified to a previous Order Finding
Violation and Assessing Fine (Case No. 2010 - 00070) which established a prior violation on
the property in August 2010. Additionally, Mary Nevins and Mike Tombs testified
concerning the repeat violation on the property. Mary Nevins specifically testified that she
witnessed the violation on November 7, 2010. Based upon the evidence presented, the
property was found in violation of Chapter 10 Article I Section 10 -8 of the Code of
Ordinances of the Village of Tequesta. The record reflected that the same Respondent
Special Master Hearing
December 9, 2010
Page 4 of 9
was in violation of the same code provision at the same property in 2010. As such, this is
a repeat violation.
Conclusion of law was that the above - stated facts constitute a repeat violation of Section
10 -8 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered that a fine of Two Hundred Dollars ($200.00) be
assessed for the violation that occurred on the property on November 7, 2010.
Respondent also was assessed $264.02 for administrative costs incurred by the Village
prior to December 9, 2010. It was also ordered that Respondent shall cease and desist all
further violations on the property. The Special Magistrate's August 2010 Order Finding
Violation and Assessing Fine was reaffirmed. Per that Order, Respondent shall pay a Fine
of Two Hundred Dollars ($200.00) for each additional violation that is observed on the
property.
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.
4. Case Number: 2010 - 000113
Edward and Susan Dematteis
2 Pine Hill Trail West
Tequesta, FL 33469
PCN: 60- 42- 40 -25- 000 -2020
Legal Description: TEQUESTA PINES LOT 22
Chapter 10 Article I Section 10 -8; Animals creating a
nuisance
This case had been removed from the agenda.
VIOLATION HEARINGS
Special Master Hearing
December 9, 2010
Page 5of9
5. Case Number: 2010 -00072
Nancy and John McCallister
61 Hickory Hill Road
Tequesta, FI 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 the Respondents were not present at the hearing; however,
there was a finding of proper notice.
It was the Order of the Code Compliance Special Magistrate that this matter be tabled until
January 27, 2011. Respondents were directed to contact the Building Official for the
Village of Tequesta on or before January 26, 2011 in order for the Building Official to
certify that the property was in compliance with applicable building and electrical codes.
Respondent was notified they must appear at the Violation Hearing which will be held on
the 27 day of January, 2011 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies
that they had timely brought your property into compliance.
6. Case Number: 2010 -00093
Scharfe Handelsgellschaft
120 Bridge Road
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -00- 000 -7200
Legal Description: 30- 40-43, W 250 FT OF N 140 FT OF S
613.76 FT OF SW % 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
This item was removed from the agenda.
7. Case Number: 2010 -00007
Special Master Hearing
December 9, 2010
Page 6of9
Tequesta Commerce Center
Prime Management
John Markov and Vidar Jonsson
208 -212 US HWY 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 -0250
Legal Description: TEQUESTA COMMERCE CENTER
UNITS 1 THROUGH 24
Chapter 78 Article XI Section 737 and 738; Painting;
Wind pressure dead load requirements
This item was removed from the agenda.
8. Case Number: 2010 - 000104
Josephine Gore and James and Regina Green
30 Chapel Court
Tequesta, FL 33469
PCN: 60- 42- 40- 25 -31- 000 -0080
Legal Description: CHAPEL COURT SEC 1 LOT 8
Chapter 78 Article IX Section 78 -643
R -1 Violation
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. Code Enforcement Officer Joe Petrick provided testimony and evidence
of the violation, as contained in the Village's evidentiary case file which was accepted into
evidence. As of the hearing on December 9, 2010, based on testimony presented by
Code Enforcement Officer Joe Petrick, the property was in compliance with Section 78-
643, but had not achieved compliance within the time specified in the Notice of Violation.
Conclusion of law was that the above - stated facts constitute a violation of Section 78 -643
of the Code of Ordinances of the Village of Tequesta.
The Respondents were ordered to continue to comply with Section 78 -643 of the Code of
Ordinances of the Village of Tequesta. Respondents also were assessed $274.90 for
administrative costs incurred by the Village prior to December 9, 2010.
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.
Special Master Hearing
December 9, 2010
Page 7of9
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.
9. Case Number: 2010 -00092
Scott Worsley
358 Cypress Drive #A
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -03- 001 -0050
Legal Description: JUPITER IN THE PINES SEC C LT 5
BLK 1
Chapter 70 Article II Section 70-43; Engaging in business
without valid receipt; penalty for failure to obtain a receipt
Chapter 14 Article VI Section 14 -152; Building permits
Chapter 14 Article VI Section 14 -153; Plumbing permits
Chapter 14 Article VI Section 14 -154; Electrical permits
Chapter 14 Article VI Section 14 -155; Mechanical permits
Chapter 14 Article VI Section 14 -157; Fee for jobs started
without permit.
Findings of fact were that the Respondent was not present at the hearing; however, there
was a finding of proper notice.
It was the Order of the Code Compliance Special Magistrate that this matter be tabled until
February 24, 2011.
Respondents were given notice they must appear at the Violation Hearing which will be
held on the 24 day of February, 2011 at 10:00 a.m. at Village Hall, Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer
certified that they had timely brought your property into compliance.
FORCLOSURE AUTHORIZATIONS
Special Master Hearing
December 9, 2010
Page 8 of 9
None
FINE REDUCTION HEARINGS
None
The minutes of the September 23, 2010 Special Master Hearing were approved by the
Special Master.
Adjournment
There being no further cases to be heard, the hearing was adjourned.
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
Cod nforcement Officer
APPROVED:
Special Master Date Approved