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HomeMy WebLinkAboutMinutes_Special Master_03/12/2019r SPECIAL MAGISTRATE March 12, 2019 HEARING 0 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 E190003 KYLE S. MERRITT & MEGAN L. SOMERA, 514 N. Dover Road Tequesta, Florida 33469 Legal Description: JUPITER IN THE PINES SEC B LT 6 BLK 16 PCN: 60-42-40-25-06-016-0060 Findings of Fact were that the Respondents were the owners of the above -described property and were not present at the hearing; however, there was 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 March 12, 2019, based on testimony presented by the code enforcement officer, the property was in compliance with Section 46-73 of the Code of Ordinances of the Village of Tequesta, but had not achieved compliance within the time specified in the Notice of Violation. 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 Respondents were ordered to continue to comply with Section 46-73 of the Code of Ordinances of the Village of Tequesta. The Respondents were assessed $200.46 for administrative costs incurred by the Village prior to March 12, 2019 hearing. 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. 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 had been corrected prior to the Special Magistrate hearing. Minutes — Special Magistrate 03/12/2019 Page 2 2. Case Number: E180241 MATTHEW M. FEAGANES & JACQUELYN FEAGANES 49 Pine Hill Trail W. Tequesta, Florida 33469 Legal Description: TEQUESTA PINES LT 119 PC N : 60-42-40-25-25-000-1190 Findings of Fact were that the Respondents were represented at the hearing by Matthew M. Feaganes; 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 March 12, 2019, based on testimony presented by code enforcement officer, the property was not in compliance with Sections 14-152, 14-157 and 14-32 subsection 105.1 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 Sections 14-152, 14-157 and 14-32 subsection 105.1 of the Code of Ordinances of the Village of Tequesta. The Respondents were ordered to comply with Sections 14-152, 14-157 and 14-32 subsection 105.1 of the Code of Ordinances of the Village of Tequesta within seven (7) days. If the Respondents failed to achieve compliance within seven (7) days, 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 assessed $199.46 for administrative costs incurred by the Village for the September 25, 2018 hearing. The Respondents were ordered to appear at the Fine Assessment Hearing which was to be held on the 9th day of April, 2019 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that the Respondent had timely brought the property into compliance. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to five 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 could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. Minutes — Special Magistrate 03/12/2019 Page 3 3. Case Number E180205 WILLIAM T. RIELLY JR. & TRICIA RIELLY 273 Golfview Drive Tequesta, Florida 33469 Legal Description: TEQUESTA LT 381 PCN: 60-42-40-26-01-000-3810 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. 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 March 12, 2019, based on testimony presented by the code enforcement officer, the property was in compliance with Sections 14-152, 14-157 and 14-32 subsection 105.1 of the Code of Ordinances of the Village of Tequesta, but had not achieved compliance within the time specified in the Notice of Violation. It was a Conclusion of Law that the above -stated facts constituted a violation of Sections 14-152, 14-157 and 14-32 subsection 105.1 of the Code of Ordinances of the Village of Tequesta. The Respondents were ordered to continue to comply with Sections 14-152, 14-157 and 14-32 subsection 105.1 of the Code of Ordinances of the Village of Tequesta. Respondents were assessed $199.46 for administrative costs incurred by the Village prior to March 12, 2019 hearing. 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. 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 had been corrected prior to the Special Magistrate hearing. FINE REDUCTION HEARINGS There were none. FORCLOSURE AUTHORIZATIONS There were none. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, Minutes — Special Magistrate 03/12/2019 Page 4 Lori McWilliams, MMC Village Clerk ATTEST: G Code Enforcement Officer APPROVED: Sp cial MWstrate Date Approved pOg4>- 11 �V SEAL INCORPORATED 4