HomeMy WebLinkAboutMinutes_Special Master_12/18/2008VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
December 18, 2008
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick,
Village Attorney Keith Davis, Recording Secretary Betty Laur.
The hearing was called to order at 10:00 A.M.
The following cases were heard by the Special Master:
Violation Hearing(s)
Case No. 2008-00346
Kevin and Karen Newfield
83 River Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-0250
Chapter 78 Article IX Section 78-585
Child Restraint Barrier (Pool Enclosure) Required
The respondents, Kevin and Karen Newfield, were present at the hearing and there was
a finding of proper notice of the violation and the hearing. The Tequesta Code
Compliance Officer provided evidence and testimony of the violation. Respondent
Kevin Newfield provided additional evidence and testimony.
Conclusion of law was that Respondents are in violation of Section 78-585 of the Code
of Ordinances of the Village of Tequesta and such violation constitutes a serious threat
to the health, safety, and welfare of the public.
Special Master Wagner ordered that Respondents Kevin and Karen Newfield shall
comply with Section 78-585 of the Code of Ordinances of the Village of Tequesta
immediately by erecting a swimming pool barrier that is compliant with the Village Code,
including the applicable. swimming pool barrier codes.
Furthermore, pursuant to§162.06(4) and 162.06(4) and 162.09(1), F.S. the Village of
Tequesta is hereby authorized to enter upon the property and abate the health, safety,
and welfare violations if respondent has failed to do so after one week from the
rendering of this order. Such authorization does not create a continuing obligation on
the part of the Village to make further repairs or to maintain the property.
Specia! Master Hearing
December 18, 2008
Page 2
Any costs incurred by the Village to abate the health, safety, and welfare violation shall
be assessed against Respondent. Additionally, a fine in an amount not to exceed
$250.00 per day may be imposed against Respondent if Respondent fails to comply
with this order. A Fine Assessment Hearing will be held before the Special Master on
January 22, 2009 at the Village of Tequesta Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469.
If Respondents violate the same section of the Code again, they may be subject to a
fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector
is not required to give a reasonable time to correct the repeat violation and the case
may be presented to the Special Master even if the repeat violation has been corrected
prior to the Special Master hearing.
Repeat Violation Hearing(s)
Case No. 2008-00316
Lori (Howard) Masen and Steve Thompson
10 Shay Place
Tequesta, FL 33469
PCN: 60-42-40-25-00-000-5280
Chapter 10 Article II Section 10-34
Dogs running at large
The respondent, Lori (Howard) Masen, was present at the hearing and there was a
finding of proper notice of the repeat violation and the hearing. Based on evidence
presented at the December 18, 2008 hearing, the Special Master found that the
property was in violation of Section 10-34 of the Code of Ordinances of the Village of
Tequesta for one day and is now in compliance, and is a repeat violation.
Conclusion of law was that Respondent was in repeat violation of Section 10-34 of the
Code of Ordinances of the Village of Tequesta but achieved compliance prior to the
December 18, 2008 hearing.
Special Master Wagner ordered that a fine be assessed for this repeat violation in the
amount of $100.00 for the violation that had existed. In addition, administrative costs in
the amount of $101.98 were assessed for this 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.
Special Master Hearing
December 18, 2008
Page 3
Case No. 2008-00330
Roger Farber
207 Fairway East
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-2310
Chapter 30 Article II Section 30-33
Prohibited (Property) Conditions
The respondent, Roger Farber, was present at the hearing and there was a finding of
proper notice of the repeat violation and the hearing. Based on evidence presented at
the December 18, 2008 hearing, the Special Master found that the property was in
violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta and that
the violation was first discovered and noticed on December 4, 2008, and was a repeat
violation.
Conclusion of law was that Respondent was in repeat violation of Section 30-33 of the
Code of Ordinances of the Village of Tequesta.
Special Master Wagner ordered that Respondent shall comply with Section 30-33 of the
Code of Ordinances of the Village of Tequesta immediately. Special Master Wagner
also ordered that a fine be assessed for this repeat violation in the amount of $25.00 per
day until the repeat violation is brought into compliance. In addition, administrative
costs in the amount of $164.98 were assessed for this 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
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 etc.
Chapter 78 Article IX Section 78-612
Respondent, JMZ Properties/John Zuccarelli, was not present at the hearing, however,
there was a finding of proper notice of the violation and the hearing. The parties are
Special Master Hearing
December 18, 2008
Page 4
continuing to attempt to resolve this matter and requested that the case be continued to
the January 22, 2009 agenda.
Special Master Wagner ordered that this matter is continued to the January 22, 2009
agenda.
Case No. 2008-00324
Helena Wang
383 Norfolk Ave
Tequesta, FL 33469
PCN : 60-42-40-2 5-06-018-0080
Prohibited (Property) Conditions
Chapter 30 Article II Section 30-33
The Village of Tequesta reported this case had complied.
Case No. 2008-00282
James Guerriero
134 River Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-4230
Prohibited Structures, Trailers ect.
Chapter 78 Article IX Section 78-612
The Village of Tequesta reported this case had complied.
Case No. 2008-00315
Donald and Vickie Evans
Gary Opper & Associates Inc.
72 Fairview West
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-5610
Prohibited (Property) Conditions
Chapter 30 Article II Section 30-33
The Respondents, Donald and Vickie Evans and Gary Opper & Associates, were not
present at the hearing, however, there was a finding of proper notice. The Tequesta
Code Compliance Officer provided evidence and testimony in regard to the violation.
Special Master Hearing
December 18, 2008
Page 5
Conclusion of law was that Respondents were in violation of Section 30-33 of the Code
of Ordinances of the Village of Tequesta.
Special Master Wagner ordered that Respondents, Donald and Vickie Evans and Gary
Opper & Associates, shall comply with Section 30-33 of the Code of Ordinances of the
Village of Tequesta, as follows: Within 7 days of the rendering of this order,
Respondents shall apply for all necessary permits to correct the existing violations.
Within 30 days of the rendering of this order, Respondents shall be in complete
compliance with Section 30-33 of the Code of Ordinances of the Village of Tequesta.
If Respondents do not comply within the time specified, a fine of $250.00 per day shall
be assessed for each day the violations continue to exist. Additionally, administrative
costs in the amount of $245.73 are hereby assessed for this hearing. A Fine
Assessment Hearing will be held before the Special Master on the 22"d day of January,
2009 at 10:00 a.m. at the Village of Tequesta Council Chambers, 345 Tequesta Drive,
Tequesta, Florida.
If Respondents violate the same Section of the Code again, they may be subject to a
fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector
is not required to give a reasonable time to correct the repeat violation and the case
may be presented to the Special Master even if the repeat violation has been corrected
prior to the Special Master Hearing.
Case No. 2008-00295
Tequesta Country Club Association
Registered Board Members, Walter Downey,
William Beeche, Marbeth Newman, Douglas
Fausher, and Loraine Rogers
Po Box 3306 (201 Country Club Drive)
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-1760
Chapter 14 Article VI Section 14-154
Electrical Permits
Respondent, Tequesta Country Club Association, was not present at the hearing;
however, there was a finding of proper notice of the violation and the hearing.
Representatives of Respondent advised the Petitioner that they were unavailable to
attend the hearing. Petitioner did not object to a continuance of this matter to the
January 22, 2009 agenda.
Special Master Wagner ordered that this matter is continued to the January 22, 2009
agenda.
Special Master Hearing
December 18, 2008
Page 6
Case No. 2008-00293
Tequesta Garden Condominium Association
Registered Board Members, Juanita Sweet,
Vincent Onorato, Edward Chermark, Frank Bozycko
10 Westwood Avenue
Tequesta, FL 33469
PC N: 60-42-40-25-15-000-0040
Chapter 14 Article VI Section 14-152
Building Permits
The Respondent, Tequesta Garden Condominium Association, was present at the
hearing and there was a finding of proper notice. The Tequesta Code Compliance
Officer provided evidence and testimony of the violation. Respondent provided
evidence and testimony regarding the violation, and current efforts to hire a contractor
to pull permits and complete the work according to code.
Conclusion of law was that Respondent is in violation of Section 14-152 of the Code of
Ordinances of the Village of Tequesta.
Special Master Wagner ordered that Respondent, Tequesta Garden Condominium
Association, shall comply with Section 14-152 of the Code of Ordinances of the Village
of Tequesta as follows: Respondent shall perform no further concrete restoration work
until all necessary permits have been obtained. Respondent shall be required to pay
double permit fees for performing work without a permit. The Special Master hereby
retains jurisdiction to enter further findings and conclusions regarding the existing
violations, compliance, and the assessment of fines, if any.
Administrative costs in the amount of $191.73 are hereby assessed for this hearing. A
Status Hearing will be held before the Special Master on the 22"d day of January, 2009,
at 10:00 a.m. at the Village of Tequesta Council Chambers, 345 Tequesta Drive,
Tequesta, Florida.
If Respondent violates the same Section of the Code again, Respondent may be
subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the
Code Inspector is not required to give a reasonable time to correct the repeat violation
and the case may be presented to the Special Master even if the repeat violation has
been corrected prior to the Special Master Hearing.
Case No. 2008-00310
Norman and Bobbie Burg
354 Cypress Drive
Tequesta, FL 33469
Special Master Hearing
December 18, 2008
Page 7
PCN: 60-430-30-03-001-0060
Chapter 30 Article II Section 30-33
Prohibited (Property Conditions)
The Village of Tequesta reported this case had complied.
Case No. 2008-00309
Scott Worsley
358 Cypress Drive
Tequesta, FL 33469
PCN: 60-43-40-30-03-001-0050
Chapter 30 Article II Section 30-33
Prohibited (Property Conditions)
Chapter 70 Article II Section 70-43
No Occupational Tax Receipt
Chapter 78 Article XI Section 78-733
Sign (Requirements)
The Respondent, Scott Worsley, was present at the hearing and there was a finding of
proper notice. The Village of Tequesta Code Compliance OfFcer provided evidence
and testimony of the violation, which was in compliance as of December 18, 2008. The
Respondent provided evidence and testimony regarding the violation, and efforts to
achieve compliance.
Conclusion of Law was that Respondent was in violation of Section 30-33 and 70-43 of
the Code of Ordinances of the Village of Tequesta, but is now in compliance.
Special Master Wagner ordered that Respondent Scott Worsley shall continue to
comply with Sections 30-33 and 70-43 of the Code of Ordinances of the Village of
Tequesta.
If Respondent violates the same Section of the Code again, Respondent may be
subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the
Code Inspector is not required to give a reasonable time to correct the repeat violation
and the case may be presented to the Special Master even if the repeat violation has
been corrected prior to the Special Master Hearing.
Adioumment
There being no further cases, the meeting was adjourned at 11:05 a.m..
Special Master Hearing
December 18, 2008
Page 8
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
AP
a la~lo5
Date Approved