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Home My WebLink AboutMinutes_Special Master_09/25/2018 SPECIAL MAGISTRATE September 25, 2018 HEARING ` q , 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 Michael Filipkowski and Village Attorney Amity Barnard. The following cases were heard by the Special Magistrate who swore in three 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 I PMC 302.7.1 Gates IPMC 302.7.2 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 present at the hearing; there was also a finding of proper notice. By the "Order Finding Violation and Permitting Village Abatement" dated May 23, 2018, the Special Magistrate found the Respondent in violation of Sections 302.7, 302.7.1, 302.7.2, 303.2, 305.1 and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta and permitted Village abatement ac�ions regarding the violations of Sections 302.7, 302.7.1, 302.7.2 and 305.1 . 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. Based upon the evidence, pictures and testimony presented at the hearing on September 25, 2018, the Special Magistrate found that the Village had abated the nuisance conditions (secured the pool and obstructed access thereto, Minutes — Special Magistrate 09/25/2018 Page 2 secured the fence, and removed the accumulation of vegetation and debris beneath the downed fence) and that the property was now in compliance with Sections 302.7, 302.7.1, 305.1, and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. Based upon the evidence, pictures and testimony presented at the hearing on September 25, 2018, the Special Magistrate found that the property remained in violation of Sections 302.7.2 and 303.2 of the IPMC per Section 14-121 of the Code of Ordinances ot the Village of Tequesta. Conclusions of Law were that the above-stated facts allowed a fine to be assessed against the properry based upon the violations of Sections 302.7, 302.7.1, 302.7.2 and 305.1. of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta and the Village's actions and costs to abate these violations. The above- stated facts constituted a continued violation of Sections 302.7.2 and 303.2 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate Ordered that a fine in the amount of Eight Thousand Four Hundred Sixty-Two Dollars and Fifty-Five Cents ($8,462.55) be assessed against the property which included the costs of abatement actions taken by the Village. It was further ordered that a Fine of Two Thousand Two Hundred Seventy-Five Dollars ($2,275.00) was hereby assessed, at Twenty-Five Dollars ($25.00) per day, for the violations of Sections 302.7.2 and 303.2 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta which have existed on the property beginning from June 26, 2018 through September 25, 2018, a period of ninety-one (91) days; and continued to accrue at Twenty-Five Dollars ($25.00) per day until compliance was achieved. The Respondent also was assessed $200.46 for administrative costs incurred by the Village for the May 23, 2018 hearing and $190.46 for administrative costs incurred by the Village for the September 25, 2018 hearing. 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 exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. VIOLATION HEARINGS 2. Case Number: E180157 This case was withdrawn. 3. Case Number E180164 Esperanza and Jesus Perez 16 Live Oak Circle Tequesta, Florida 33469 Minutes — Special Magistrate 09/25/2018 Page 3 PCN: 60-43-40-30-00-003-0050 Legal Description: 30-40-43, WLY 692.40 FT OF GOVLT 3 LYG E OF & ADJ TO SR 5 (LESS N 200 FT, PB61 P32 & PB65P103) & NLY 121 .76 FT OF ELY 300 FT OF WLY 761 FT OF GOV LT 4 Chapter 34 Article III Section 34-63 (Fire Inspection) Fees. Findings of Facts were that 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 September 25, 2018, based on testimony presented by code enforcement officer, the property was not in compliance with Sections 302.7, 302.7.1 and 605.1 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. Conclusions of Law were that the above-stated facts constituted a violation of Sections 302.7, 302.7.1 and 605.1 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that the Respondents comply with Sections 302.7, 302.7.1 and 605.1 of the iPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta on or before November 15, 2018. If the Respondents failed to achieve compliance on or before November 15, 2018, a daily Fine of Twenty-Five Dollars ($25.00) per day may be imposed for each day the violations continued to exist. The Respondents were hereby assessed $195.96 for administrative costs incurred by the Village for the September 25, 2018 hearing. The Respondent was given notice to appear at the Fine Assessment Hearing, which was to be held on the 4th day of December, 2018 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that you have timely brought your property into compliance. Should Respondent violate the same Section of the Code again, they may be subject to a fine of up to fiive hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was 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 had been corrected prior to the Special Magistrate hearing. FINE REDUCTION HEARINGS There were none. FORCLOSURE AUTHORIZATIONS There were none. ADJOURNMENT Minutes — Special Magistrate 09/25/2018 Page 4 There being no further cases, the meeting was adjourned. Respectfully submitted, Lori McWilliams, MMC Village Clerk ATTEST: ;� � � 7 - - � /� �� l�_..�r�- � � --�f 4-�,.�, I % � � � Code Enforcement Officer :� ' APPROVE � ' ,�1,�. - � L I � � Sp rate Date Approved