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Home My WebLink AboutMinutes_Special Master_5/14/2019MINUTES SPECIAL MAGISTRATE VILLAGE OF TEQUESTA, FL MAY 14, 2019 10:00 AM COUNCIL CHAMBERS 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. Late were: There were none. Absent were: There were none. The following cases were heard by the Special Magistrate who swore in seven people involved in Quasi- Judicial cases. REPEAT VIOLATION HEARINGS There were none. FINE ASSESSMENT HEARINGS/STATUS HEARINGS 1. Case Number E190006 Jason W. Kresser & Staci P. Kesser 430 Dover Road Tequesta, Florida 33469 Ch.46 Art. III Sec. 46-73 PCN: 60-42-40-25-06-015-0232 Legal Description: JUPITER IN THE PINES SEC B LT 23 (LESS SLY 15 FT OF WILY 19.91 FT OF ELY 15 FT IN OR2505 P1402 K/A LIFT STATION BLK 15 Findings of Fact were that the Respondents were not present at this hearing; there was also a finding of proper notice. As of the hearing on May 14, 2019, the property was in compliance with Chapter 46, Article III Section 46-73 of the Code of Ordinances of the Village of Tequesta on May 10, 2019. It was a Conclusion of Law that the above -stated facts establish that the subject property was in violation, but achieved compliance with Chapter 46, Article III, Section 46-73 of the Code of Ordinances of the Village of Tequesta. The Respondents are hereby ordered to continue to comply with Chapter 46, Article III, Section 46-73 of the Code of Ordinances of the Village of Tequesta. Should the Respondents 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 Officer is 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 has been corrected prior to the Special Magistrate hearing. The Respondents were assessed $196.96 for administrative costs incurred by the Village for the May 14, 2019 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 exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. VIOLATION HEARINGS 2. Case Number: E190024 Harold A. Rowley IV & Myles E. Rowley 8 Country Club Circle Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2120 Legal Description: COUNTRY CLUB POINT LT 12 BLK 1 Findings of Fact were that the Respondents were the owners of the above described property: The Respondents were represented at the hearing by HAROLD A. ROWLEY IV; there was also a finding of proper notice. Code Enforcement Officer Michael Filipkowski provided testimony and evidence of the violations, as contained in the Village's evidentiary case file which was accepted into evidence. Building Official Jose Rodriguez also presented testimony of the violations. Additionally, neighbor complainants David Becker, Gigi Dube and Richard Burube offered testimony and evidence concerning the violations. As of the hearing on May 14, 2019, based on testimony presented by code enforcement officer, the property was not in compliance with Chapter 78, Article IX, Section 78-303; Chapter 14, Article VI, Section 14-152 and 14-157; and Chapter 14, Article 11, Section 14-32 Sub Section 105.1 of the Code of Ordinances of the Village of Tequesta. Conclusions of Law were that the above -stated facts constitute a violation of Chapter 78, Article IX, Section 78-303; Chapter 14, Article VI, Section 14-152 and 14-157; and Chapter 14, Article II, Section 14-32 Sub Section 105.1 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondents to comply with Chapter 78, Article IX, Section 78-303; Chapter 14, Article VI, Section 14-152 and 14-157; and Chapter 14, Article 11, Section 14-32 Sub Section 105.1 of the Code of Ordinances of the Village of Tequesta within fourteen (14) days, by May 28, 2019. If the Respondents fail to achieve compliance within fourteen (14) days, by May 28, 2019, a daily Fine of Twenty -Five Dollars ($25.00) per day may be imposed for each day the violation continues to exist. The Respondents are hereby assessed $190.46 for administrative costs incurred by the Village for the May 14, 2019 hearing. Should the Respondents violate the same Section of the Code again, you may be subject to a fine of up to Five Hundred Dollars ($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 Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. The Respondents were assessed $189.98 for administrative costs incurred by the Village for the April 9, 2019 hearing. FINE REDUCTION HEARINGS 3. Case Number 2016-00047 Rood Williams American Legion Post 271 Inc. 775 N. US Highway 1 Tequesta, Florida 33469 PCN: 60-43-40-30-00-003-0120 Legal Description: 30-40-43 , N 200 FT OF WLY 373.13 FT OF GOV LT 3 AS MEAS ALONG & AT RIGHT ANGL TO N LI &LYG E OF CENT LI US HWY NO 1 (LESS WILY 60 FT RIW) The Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and Rood Williams American Legion Post 271 Inc. ("American Legion") resolved the code enforcement case identified above in a fair and amicable manner. The Village and American Legion agreed and stipulated to the following: On August 17, 2017 Respondent's above -referenced property ("Subject Property") was found to be in violation of Chapter 78, Article X , Section 78-693, 78-694, 78-700, 78-699, and 78-701 and Chapter 78, Article IX, Section 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta (Order Finding Violation, dated August 21, 2017). On January 30, 2018, an Order Assessing Fine was issued for the continuing violation of Chapter 78, Article X, Section 78-693, 78-694, 78-700, and 78-701 and Chapter 78, Article XI, Section 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta, assessing a fine of Twenty — Five Dollars ($25.00) and continuing to accrue at the (Twenty —Five Dollars ($25.00) per day until the Respondent achieved compliance. (Order Assessing Fine, dated February 5, 2018). Respondent was also assessed administrative costs of $187.96 for October 18, 2017 hearing and administrative costs of $187.96 for the January 30, 2018 hearing. This order was recorded in the Official Records of the Palm Beach County at Book 29654, Pages 1393- 1395 on February 16, 2018. Respondent has brought the Subject Property into compliance with Village Codes as depicted in the Affidavit of Compliance dated April 30, 2019. The Village and Respondent agreed that in exchange for payment to the Village by Respondent in the amount of Two Thousand Dollars ($2,000.00), to be made within sixty days of the date of this fully executed Stipulation, The Village will release its above -referenced lien. Said release shall occur immediately upon receipt of said payment. Should Respondent fail to pay the Village Two Thousand Dollars ($2,000.00) within sixty (60 days) of the date of this Stipulation, this Joint Code Compliance Stipulation shall be deem void and the lien amount shall revert to its full amount and the lien will not be released. Nothing contained in the Joint Code Compliance Stipulation shall be construed as precluding the Village from enforcing repeat violations at the Subject Property. Should Respondent violate the same sections of the Code again, Respondent may be subject to a fine of up to $500.00 per day for such repeat violation. Should the violations be deemed to be irreparable and irreversible violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected or the irreparable/irreversible violation has stopped prior to the Special Magistrate hearing. Each party shall bear its own fees and costs in connection with this matter. The parties agree to the term of this Joint Code Compliance Stipulation FORCLOSURE AUTHORIZATIONS There were none. APPROVAL OF AGENDA Approval of minutes for March 12, 2019 and April 9, 2019 ADJOURNMENT This meeting was adjourned at 10:40 am There being no further cases, the meeting was adjourned. Respectfully submitted, 6-�4 0n�� G Lori McWilliams, MMC Village Clerk ATTEST: Code Enforcement Officer APPROVE