HomeMy WebLinkAboutMinutes_Special Master_07/24/2018 � � ,
SPECIAL MAGISTRATE ,j'.�� July 24, 2018
HEARING � �
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CALL TO ORDER AND ROLL CALL
The hearing was called to order at 10:00 a.m. and the Pledge of Allegiance was led by
Special Magistrate Kevin Wagner. Present were Special Magistrate Kevin Wagner,
Code Enforcement Officer Joe Petrick, Code Enforcement Officer Dennis Rick and
Village Attorney Amity Barnard.
The following cases were heard by the Special Magistrate who swore in approximately
four people involved in Quasi-Judicial cases.
REPEAT VIOLATION HEARINGS
There were none.
FINE ASSESSMENT/STATUS HEARINGS
1. Case Number: E180050
Donald Blauvelt
83 Golfview Road
Tequesta, FL 33469
IPMC 302.7 Accessory Structures
IPMC 302.7.1 Gates
IPMC 302.72 Swimming Pools
IPMC 303.2 Protective Treatment
IPMC 305.1 Accumulation of rubbish and garbage
IPMC 302.8 Motor Vehicles
PCN: 60-4240-26-01-000-3450
Legal Description: TEQUESTA LT 345
Findings of Fact were that the Respondent was the owner of the above-described
property. The Respondent was not present at the hearing; however, there was a finding
of proper notice. By the "Order Finding Violation and Permitting Village Abatement"
dated May 23, 2018, the Special Magistrate ordered the Respondent to comply with
Sections 303.2, 305.1, and 302.8 of the IPMC per Section 14-121 of the Code of
Ordinances of the Village of Tequesta on or before June 25, 2018. The Special
Magistrate further ordered that the Village may immediately abate the violation by taking
reasonable actions to secure the pool and obstruct access thereto, secure the fence,
and remove the accumulation of vegetation and debris beneath the downed fence.
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Minutes—Specia( Magistrate 47124/2018
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Based upan evidence presented at the July 24, 20�#8 Special Magis#rate Hearing, the
Special Magistrate found that the property remained in violatian of Sections 302.7,
3Q2.7.1, 302.7.2, 3p3.2, 305.1 and 302,8 of the IPMC per Section 14-121 of the Code ofi
Ordinances ot the Village of Tequesta
Conclusions of Law were that the above-stated facts con�titute a continuing violatian of
Sections 302.7, 302.?.1, 302.�.2, 303.2, 305.1 and 302.8 of the IPMC per Section 14-
121 of t1�e Code c�f{�rdinances of the Village ofi Tequesta.
Th� Special Magistrate ordered that this matter be continued.
The Responden# was ordered to appear at the Fine Assessment Hearing, whicl� wi14 be
held on the 28th day of August, 2018 at 1D:Op am. at Village Hall Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer
certified that the Respondent had timely brQught fhe property ir�to compliance.
2. Case Number: E180083
Mark Figurski and Margaret Mera
325 Fairway Narth
Tequesta, FL 33469
PCN: 60-42-40-26-0'i-000-2700
Legal Descriptian: TEQUESTA LT 270
Ghapter 4fi, Article 111, Section 46-74 and 1MPC Section 303.2 per Section
'!�-'121 ofi the Code of Urdinances of the Village of Tequesta.
Findings of Fact were that the Respondents were the awners of the abave-described
property. The Responder�ts were not presen# at �he hearing; howeuer, there was a
finding of proper notice. By the "Order Resetting StatusJFine Assessment Hearin�,"
dated .fune 28, 2018, the Special Magistrate reset the Fine Assessment Hearing to July
24, 2�18. Based upon the evidence, pictures and testimony presen#ed at the hearing
vn July 24, 2018, the Special Magistra#e found that the property was brought into
compliance with SeCtians 46-74 and IPMC 303.2.
Conclusions af Law were tha# the above-stated facts constituted a violation of Sections
46-74 and IPMC 303.2 per section 14-121 of the Code of Ordinances of tf�e Viilage of
Tequesta.
The Special Magis#rate ardered that no fine sha11 be impased given that the property
had been brought into campliance. Respondent was assessed $189.96 for
administrative costs incurred by the Village prior to July 24, 2018 hearing.
Shouid Respondent violate the same Section of the Code again, they may be subject to
a �ne of up to $500 per day. Additionally, the Code Inspector was not required to give a
reasonable time to correct the repea# vialation and the case may be presented ta the
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Minutes—Special Magistrate 07124/2018
Page 3
Speciai Magistrate even if the repeat vioiation had been corrected prior to the Special
Magistrate hea�ring,
VIOLATION HEARINGS
3. Case Number: E18Q061
Stanley K(ett Jr.
92 River Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-4300
Legal Descrip#ion: TEQUESTA LT 430
1PMC 303.2 Accessory structures
This case was withdrawn.
4. Case Number E180112
RVT Tequesta Shoppes LLC
Tuesday Morning Inc.
105 (115} N. US Highway 1
Tequesta, FL 33469
PC N: 60-43-40-30-00-Op3-0050
Legal Description: 3p-40-43, WLY 692.40 FT OF GOVLT 3 LYG E OF &
ADJ TO SR 5 (LES� N 200 FT, PB61 P32 & PB65P103) & NLY 121.76 FT
C3F ELY 3Q0 FT OF 1NLY 761 FT OF GOV LT 4
Chapter 34 Article I11 Section 3�-fi3 �Fire Ins�aection} Fees.
This case was withdrawn.
FINE REDUCTIGIN HEARINGS
5. Gase Number: E17QQ35
Wendimere Villas Phase 11
413,415,417,419 Cypress Drive
Tequesta, FL 33469
PCN: Multiple
Legal Description: WENDIMERE VILLAS PHASE II COND
Chapter 14 Article VI Section 14-152; Building Permits
Findings of Fact were that based upon the February 5, 2018 "Order Assessing Fine" for
the above-referenced case number, the Speciai Magistrate assessed a Fine in the
amount of Seven Hundred Fifty Dollars ($750.p0) for the violations existing on the
property from January 16, 2018 thrc►ugh January 30, 2018, a period of fifteen (15) days;
and continued fio accrue at Fifty Dollars ($50.00) per day until compliance was
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Minutes—Special Magistrate 07/24/2018
Page 4
achieved. The Respondent requested a hearing seeking mitigation of the lien amount
assessed. The Viflage of Tequesta did not oppose a reduction of the Fine amount to
$2,000.00. The property was no longer in violation of Section 14-152 of the Code of
Ordinances of the Village of Tequesta.
Conclusions of Law and Order of the Special Magistrate was that the penalty amount
previously imposed be reduced from $3,200.00 to $2,000.00. The Respondent was
hereby ordered to pay this mitigated fine amount by October 24, 2018, or the original
penalty amount of $3,200.00 would automatically be reinstated as a penalty.
FORCLOSURE AUTHOR{ZATIONS
There were none.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
Respectfully submitted,
Lori McWilliams, MMC
Village Clerk
ATTEST:
Co Enforcement Officer
APPROVED:
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Special agist ate Date Approved
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