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Home My WebLink AboutDocumentation_Regular_Tab 06_03/08/2007C VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES January 25, 2007 • PRESENT: Special Master Lara Donlon; Code Enforcement Officer Joe Petrick, and Village Clerk Lori McWilliams The hearing was called to order at 10:00 A.M. Code Enforcement Special Master Donlon approved the minutes of the December 6, 2006 Special Master Hearing as submitted. The following cases were heard before the Special Master: Case No. 2006-00336 Tequesta Palms/Cologne Motel Location of Violation: 220 U.S. Highway One Tequesta, FL 33469 Legal Description: 30-40-43, SLY 100 FT OF NLY 1152.38 FT OF ELY 352.19 FT OF GOV LT 2 LYG W OF ADDL SR 5 R/W 14-152 -Building Permits 14-157 - Fees for Jobs without Building Permit The Respondent, Tequesta Palms/Cologne Motel, was represented at the hearing by Attorney Alfred LaSorte. There was a finding of proper notice. The Tequesta Code Enforcement Officer testified and produced permits regarding the ongoing violation. • Conclusion of law was Respondent, Tequesta Palms/Cologne Motel, remains in violation of Chapter 14, Art. VI, Sec. 14-152, Pages CD 14:5 of the Code of Ordinances of the Village of Tequesta. • Special Master Hearing January 25, 2007 Page 2 Special Master Donlon ordered that Respondent, Tequesta Palms/Cologne Motel, shall immediately comply with Chapter 14, Art. VI, Sec. 14-152, Pages CD 14:5 of the Code of Ordinances of the Village of Tequesta. A Fine Assessment Hearing will be held before the Special Master on the 22nd day of February, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $209.28 for administrative costs to be paid by the 9th day of February, 2007. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the original amount. S Case No. 2006-00084 Jeff Gelman 801 U.S. Hwy One Tequesta, FL 33469 Ordinance Description: Parking (Other Uses) Chap: 78-612, Art. IX (10) PCN: 60-43-40-30-02-003-0010 Ordinance Description: Removal of Prohibited Materials Chapter 30-113, Art. IV (2) PCN : 60-43-40-30-02-003-0010 The Respondent, Jeff Gelman, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation. The Tequesta Code Enforcement Officer testified that the respondent came into compliance on December 18, 2006. Conclusion of law was Respondent, Jeff Gelman, was, but is no longer, in violation of Section 78-612, Art. IX (10), Chap. 30-113, Arta I(V (2) and Chap. 30-33, Art. I, of the Code of Ordinances of the Village of Tequesta. • • Special Master Hearing January 25, 2007 Page 3 Special Master Donlon ordered that Respondent, Jeff Gelman, shall continue to comply with Section 78-612, Art. IX (10), Chap. 30-113, Art. I(V (2) and Chap. 30-33, Art. I, of the Code of Ordinances of the Village of Tequesta. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. Respondent shall be assessed $363.28 for administrative costs to be paid by the 9th day of February, 2007. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the original amount. Case No. 2006-00159 Ralph Kelsey • 115 Country Club Drive Tequesta, FL 33469 Code Violation: RIA Parking Chapter 78, Article IX, Section 78-644 The Respondent, Ralph Kelsey, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced CAD reports of the violation. Conclusion of law was Respondent, Ralph Kelsey, was, but is no longer, in violation of Chapter 78, Article 1X, Sec. 78-644 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Ralph Kelsey, shall continue to comply with Chapter 78, Article 1 X, Sec. 78-644 of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed $123.28 for administrative costs to be paid by the 9th day of February 2007. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. 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 • Special Master Hearing January 25, 2007 Page 4 property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Case No. 2006-00338 Frank Tarplee 364 Cypress Drive Tequesta, FL 33469 PCN: 60-43-40-30-03-001-0030 Fine Assessment Hearing The Respondent, Dr. Frank Tarplee, was present at the hearing and there was a finding of proper notice. The Tequesta Code Enforcement Officer produced photographs and testified to the ongoing violation. Conclusion of law was Respondent remains in violation of International Building Code 303.2 and 3203.7 and Section 30-33 of the Code of Ordinances • of the Village of Tequesta. Special Master Donlon ordered that Respondent, Dr. Frank Tarplee, shall immediately comply with Intemational Building Code 303.2 and 3203.7 and Section 30-33 of the Code of Ordinances of the Village of Tequesta. The Special Master reserved the r~ht to assess a fine at the Fine Assessment Hearing to be held on the 22" day of February, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $247.92 for administrative costs to be paid by the 9th day of February, 2007. C~ 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the original amount. Case No. 2006-00344 John McCaffrey 454 Tequesta Drive Tequesta, FL 33469 • Special Master Hearing January 25, 2007 Page 5 Ordinance Description: R1, R2, R3 Districts Parking Chap: 78-643, Art. IX PCN: 60-42-40-25-06-022-0010 Ordinance Description: Prohibited Conditions Chapter 30, Art. 1, Sec 30-33 The Respondent, John McCaffrey, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation. The Code Officer also testified that the Respondent complied with the swale portion of Section 30-33. Conclusion of law was Respondent, John McCaffrey, is in violation of Section 78-643, Art. tX and Chap. 30-33, regarding the screen portion, of the Code of Ordinances of the Village of Tequesta. Respondent was, but is no longer, in violation of Chapter 30, Article I, Sec 30- • 33, regarding the swale, of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, John McCaffrey, shall comply with Section 78-643, Art. IX and Chap. 30, Art. I, Sec. 30-33, of the Code of Ordinances of the Village of Tequesta before the 4th day of February, 2007. If respondent does not comply within the time specified, Respondent shall be assessed a fine of up to $250.00 per day until the property is in full compliance. Special Master Donlon further ordered that respondent, John McCaffrey, shall continue to comply with Section 30-33 of the Code of Ordinances of the Village of Tequesta regarding the swale. A fine assessment hearing will be held before the Special Master on the 22"d day of February, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. • • Special Master Hearing January 25, 2007 Page 6 Respondent shall be assessed $186.64 for administrative costs to be paid by the 9th day of February, 2007. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the original amount. Case No. 2006-00173 Steven Willie 36 Yacht Club Place Tequesta, FL 33469 PCN: 60-42-40-26-02-000-5990 Repeat Violation: R-1A Parking, Chapter 78, Article IX, Section 78-644, • The Respondent, Steven Willie, was not resent at the hearin ~ however P 9, , there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the repeat violation and CAD reports and prior Orders Finding Repeat Violation from 2004 and 2005. Conclusion of law was Respondent, Steven Willie, was, but is no longer in repeat violation of Chapter 78, Article IX, Section 78-644 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Steven Willie, shall continue to comply with Chapter 78, Article IX, Section 78-644, of the Code of Ordinances of the Village of Tequesta. A fine of $1,750.00 was assessed for the seven days the repeat violation existed. Respondent shall be assessed $711.64 for administrative costs to be paid by the 9th day of February, 2007. Case No. 2006-00172 Ann Marie Batus 39 Yacht Club Place Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5850 Special Master Hearing • January 25, 2007 Page 9 A Fine Assessment Hearing will be held before the Special Master on the 22nd day of February, 2007, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $160.28 for administrative costs to be paid by the 9th day of February, 2007. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the original amount. • There being no further cases, the meeting was adjourned at 11:38 a.m.. Respectfully submitted, ATTEST: ,~ Co a Enforcement Office APP ~~, ~C~ Lori McWilliams Village Clerk ~ /~a ~~ Date Approved •