HomeMy WebLinkAboutMinutes_Special Master_09/25/2008VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
September 25, 2008
PRESENT: Special Master Jennifer Hunecke; Code Enforcement Officers Joe Petrick
and Brad Fitzer, Village Attorney Keith Davis.
The hearing was called to order at 10:00 A.M.
Code Enforcement Special Master Hunecke approved the August 28, 2008 Special
Mas#er Code Enforcement Hearing minutes.
The following cases were heard by the Special Master:
Fine Assessment Hearing(s)
Case No. 2008-32077 Paul Restrepo
332 River Drive
Tequesta, FL 33469
PC N : 60-42-40-26-01-000-0940
The Respondent, Paul Restrepo, Was not present at the hearing, however, there was a
finding of proper notice. Tequesta Code Enforcement Officer Petrick testified to and
produced photos of the ongoing violations. The entire Code Enforcement file was
entered into the record.
Conclusion of law was the Respondent was, but is no longer, in violation of International
Property Maintenance Code, Chapter 3, Sections 302.7, 302.7.1, and 302.4, of the
Code of Ordinances of the Village of Tequesta.
Special Master Hunecke ordered that the Village of Tequesta may continue to abate the
pool violation to keep the premises in compliance (see F.S. 162.09) and to assess the
costs of the abatement against the Respondent and to include those costs with the fine
assessed herein.
Special Master Hunecke ordered that Respondent, Paul Restrepo, shall continue to
comply with Intemational Property Maintenance Code, Chapter 3, Sections 302.7,
302.7.1, and 302.4, of the Code of Ordinances of the Village of Tequesta. If the
Respondent fails to keep the property in compliance, a fine of $250.00 per day shall be
assessed for each day the violation continues to exist.
Special Master Hearing
September 25, 2008
Page 2
Respondent shall be assessed $228.12 for administrative costs to be paid by the 6~' day
of October, 2008.
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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2008-00173 John Donham
18 Pine Tree Circle
Tequesta, FL 33469
PC N : 60-42-40-25-09-000-0240
The Respondent, Mrs. Donham, was present at the hearing and there was a finding of
proper notice. Tequesta Code Enforcement Officer Petrick testified to and produced
photos of the ongoing violation. The entire Code Enforcement file was entered into the
record.
Conclusion of law was the Respondent remains in violation of Chapter 30, Article II,
Section 30-33 and Chapter 14, Article VI, Section 14-152 of the Code of Ordinances of
the Village of Tequesta.
Special Master Hunecke ordered that Respondent, John Donham, shall immediately
comply with Chapter 30, Article 11, Section 30-33 and Chapter 14, Article VI, Section 14-
152 of the Code of Ordinances of the Village of Tequesta.
A fine of $250.00 per day is hereby assessed for the violation that has existed. The fine
is imposed beginning September 8, 2008 and will continue to accrue at $250.00 per day
for each day the violation continues to exist.
Respondents shall be assessed $207.83 for administrative costs to be paid by the 6~"
day of October, 2008.
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 Chapter162, Florida Statutes, for the
original amount.
Repeat Violation Hearing(s)
Special Master Hearing
September 25, 2008
Page 3
None
D. Violation Hearings
Case No. 2008-00164 JMZ Properties
John Zuccarelli
1 Main Street/250 Tequesta Drive
Tequesta, FL 33469
PCN: 60-43-40-30-47-003-0000
Prohibited Structures, Trailers ect.
Chapter 78 Article IX Section 78-612
This case was continued to the October Hearing by the Special Master.
Case No. 2008-00270 Robert Davis
363 Maple Ave
Tequesta, FL 33469
PCN : 60-42-40-25-06-023-0040
Prohibited Conditions
Chapter 30 Article II Section 30-33
The Respondent, Robert Davis, was not present at the hearing, however, there was a
finding of proper notice. Tequesta Code Enforcement Officers Petrick and Fitzer
testified to and produced photos of the violation. The entire Code Enforcement file was
entered into the record.
Conclusion of law was the Respondent is in violation of Chapter 30, Article II, Section
30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Hunecke ordered that Respondent, Robert Davis, shall comply with
Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of
Tequesta by the 6t" day of October, 2008.
If the Respondent does not comply within the time specified, a fine of $25.00 per day
shall be assessed for each day the violation continues to exist.
Respondent shall be assessed $304.81 for administrative costs to be paid by the 6~' day
of October, 2008.
Special Master Hearing
September 25, 2008
Page 4
A Fine Assessment Hearing will be held before the Special Master on the 23`~ day of
October, 2008 at 10:00 a.m. at 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.
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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2008-00242 Express Equity Lending Group
Raymond Reyes
2 Pine Hill Trail West
Tequesta, FL 33469
PCN: 60-42-40-25-25-000-2020
Prohibited Property Conditions
Chapter 30 Article II Section 30-33
The Respondent, Express Equity Landing Group and Raymond Reyes were
represented at the hearing by Property Manager Rafael Rovero, and there was a finding
of proper notice. Tequesta Code Enforcement Officer Petrick testified to and produced
photos of the violation. The entire Code Enforcement file was entered into the record.
Conclusion of law was the Respondent is in violation of Chapter 30, Article II, Section
30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Hunedce ordered that Respondent shall comply with continue to comply
with Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of
Tequesta in the following manner:
1. Secure a permit for the roof and fence on or before the 6th day of October,
2008.
2. Bring the property into full compliance by the 25th day of October, 2008.
If Respondent does not comply within the time spec'~ed, a fine of $100.00 per day shall
be assessed for each day the violation continues to exist.
Special Master Hearing
September 25, 2008
Page 5
Respondent shall be assessed $265.61 for administrative costs to be paid by the 6"' day
of October, 2008.
A Fine Assessment Hearing will be held before the Special Master on the 11th day of
December, 2008 at 10:00 a.m. at 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.
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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2008-00198 Judith and Jarrett Campbell
403 Beacon Street
Tequesta, FL 33469
PC N : 60-42-40-25-00-000-5070
Prohibited Property Conditions
Chapter 30 Article II
Section 30-33
(Status Hearing)
The Respondent, Judith Campbell, was present at the hearing and there was a finding
of proper notice. Tequesta Code Enforcement Officer Petrick tested to and produced
photos of the violation.
Conclusion of law was the Respondents are now in compliance with Chapter 30, Article
I1, Section 30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Hunecke ordered that Respondents Judith and Jarrett Campbell shall
continue to comply with Chapter 30, Article II, Section 30-33 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.
Special Master Hearing
September 25, 2008
Page 6
Case No. 2008-00254 William Patagonia
144 Magnolia Way
PC N : 60-42-40-25-45-000-0430
Tequesta, FL 33469
Dogs Running at Large
Chapter 10 Article II
Section 10-34
Respondent William Patagonia was not present at the hearing; however, there was a
finding of proper notice. Tequesta Code Enforcement Officer Petrick testified that the
violation occurred on August 30, 2008 and September 11, 2008. Neighbor John Hayes
testified that the violations occurred on August 30, 2008 and September 11, 2008. He
testified that he observed the Respondent walking his dogs without leashes on both
occasions and on both occasions either one or both of the dogs wandered onto other
neighbors' properties. He tested that this has been an ongoing problem for several
neighbors for the last two years.
Conclusion of law was Respondent, William Patagonia, was in violation of Chapter 10
Article II, Section 10-34 of the Code of Ordinances of the Village of Tequesta on August
30, 2008 and September 11, 2008. This type of violation is irreversible as contemplated
by F.S. 162.06(4) and, as such, a fine may be imposed in accordance with F.S.
162.09(1).
Special Master Hunecke ordered that Respondent, William Patagonia, shall immediately
comply with Chapter 10, Article II, Section 10-34 of the Code of Ordinances of the
Village of Tequesta.
Respondent shall be assessed a fine of $100.00 for the violation that occurred on
August 30, 2008 and $100.00 for the violation that occurred on September 11, 2008.
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 Chapter162, Florida Statutes, for the
original amount.
Foreclosure Authorizations
Special Master Hearing
September 25, 2008
Page 7
Case No. 2008-000241 Cornerstone Group Construction Inc.
Stuart Myers, Jorge Lopez, Mara
Mades ,Leon Wolfe, Bruce Adams
223 Village Blvd
Tequesta, FL 33469
PCN: 60-43-40-30-46-002-000
Respondent, Cornerstone Group Construction, Inc., was not present at the hearing;
however there was a finding of proper notice. Tequesta Code Enforcement Officer
Petrick testified to the history of the violation and the status of the ongoing violation.
The Village recorded a lien against the property on April 3, 2008 and said lien remains
unpaid. This property is not a homestead property.
Conclusion of taw was Respondent remains in violation of Chapter 30 Article II Section
30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Hunecke ordered that the Village of Tequesta may foreclose on the
subject property located at 223 Village Boulevard, Tequesta, Florida.
Fine Reduction Hearings(s)
None
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
~a
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Betty Laur
Recording Secretary
ATTEST:
Code of rcemen Officer
Special Master Hearing
September 25, 2008
Page 8
APPROVED: ~ / ~,~
Special Master (/
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Date Approved
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