HomeMy WebLinkAboutMinutes_Special Master_04/09/2019SPECIAL MAGISTRATE April 9, 2019
HEARING
y:
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 Michael Filipkowski, and Village Attorney Amity Barnard.
VIOLATION HEARINGS
1. Case Number E190006
JASON W. KRESSER & STACI P. KRESSER,
430 Dover Road Tequesta, Florida 33469 Legal Description: JUPITER IN THE
PINES SEC B LT 23 (LESS SLY 15 FT OF WLY 19.91 FT OF ELY 15 FT IN
OR2505 P1402 K/A LIFT STATION BLK 15
PCN: 60-42-40-25-06-015-0232
Findings of Fact were that the Respondents were represented at the hearing by Jason
W. Kresser; there was also a finding of proper notice. Code Enforcement Officer
Michael Filipkowski 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 April 9, 2019, based on testimony presented by code enforcement officer, the
property was not in compliance with Section 46-73 of the Code of Ordinances of the
Village of Tequesta.
It was a Conclusion of Law that the above -stated facts constituted a violation of Section
46-73 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered the Respondents to continue to comply with Section 46-
73 of the Code of Ordinances of the Village of Tequesta within thirty (30) days.
The Respondents were assessed $196.96 for administrative costs incurred by the
Village for the April 9, 2019 hearing
The Respondents were ordered to appear at the Fine Assessment Hearing which was
to be held on the 14th day of May, 2019 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that the Respondent has timely brought the property into
compliance.
Should the Respondent violate the same Section of the Code again, they could be
subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation.
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Additionally, the Code Inspector was not required to give a reasonable time to correct
the repeat violation and the case could be presented to the Special Magistrate even if
the repeat violation has been corrected prior to the Special Magistrate hearing.
2. Case Number: E190023
JOAN A. BORRERO, JOAN A. BORRERO TR. & JOAN A. BORRERO
TR. HLDR.,
299 Country Club Drive Tequesta, Florida 33469
Legal Description: TEQUESTA LT 212
PCN: 60-42-40-26-01-000-2120
Findings of Fact were that the Respondents were the owners of the above -described
property: The Respondents were not present at the hearing; however, there was a
finding of proper notice. Based upon evidence presented at the April 9, 2019 Special
Magistrate Hearing, the Special Magistrate found that the property was in violation of
Chapter 78, Article IX Section 78-284 and Sections 303.1, 303.2 and 304.1.1 of the
IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta and
such violations of Sections 303.1 and 303.2 of the IPMC represent a serious threat to
the health, safety and welfare of the Village residents due to the pool being exposed
with unobstructed access thereto and the pool being unmaintained.
Conclusions of Law were that the above -stated facts constituted a violation of Sections
78-284 and Sections 303.1, 303.2 and 304.1.1 of the IPMC per Section 14-121 of the
Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered that the Village could immediately abate the violation by
taking reasonable actions to secure the pool to obstruct access thereto pursuant to
legislative authority granted to the Village by Section 162.09, Florida Statutes. Such
abatement would not create any liability against the Village for any damages to the
property as a result of such good faith repairs or actions. The Village may also later
request additional fines in order to recover the costs of these abatement activities by the
Village. The Respondents were ordered to continue to comply with Section 303.2 of the
IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta once
abatement had been accomplished.
It was further ordered by the Special Magistrate that the Village could immediately abate
the violation of Section 303.1 of the IPMC per Section 14-121 by taking reasonable
actions concerning unmaintained pool in order to alleviate the dangerous conditions that
such unmaintained pool may present to surrounding areas pursuant to legislative
authority granted to the Village by Section 162.09, Florida Statutes. Such abatement
action by the Village shall in no way create a continuing obligation or any present or
future liability for any damage to the property that may result from such good faith
attempts to abate the violations. Additionally, the Village may continue to abate the
nuisance in the future whenever the unmaintained pool again violates Village Code as
documented in the code enforcement files for the property. The Village may also later
M
Minutes — Special Magistrate 03/12/2019
Page 3
request a fine assessment hearing on this matter in order to recover the costs of these
abatement activities by the Village.
The Respondents were assessed $189.98 for administrative costs incurred by the
Village for the April 9, 2019 hearing.
FINE REDUCTION HEARINGS
There were none.
FORCLOSURE AUTHORIZATIONS
There were none.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
Respectfully submitted,
Lori McWilliams, MMC
Village Clerk
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ATTEST:
Code Enforcement Officer
Date Approved
SEAL
INCORPORATED