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HomeMy WebLinkAboutMinutes_Special Master_8/13/2019MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL AUGUST 13, 2019 10:00 AM COUNCIL CHAMBERS CALL TO ORDER o� , () The Special Magistrate Judge Kevin Wager began this meeting at 10:02 am. PLEDGE OF ALLEGIANCE - Special Magistrate Kevin Wagner REPEAT VIOLATION HEARINGS None were presented at this meeting. FINE ASSESSMENT HEARINGS/ STATUS HEARINGS None were presented at this meeting. VIOLATION HEARINGS 1. Case Number E190054 Joan A. Borrero, Joan A. Borrero Tr, & Joan A. Borrero Tr Hldr 299 Country Club Dr. Tequesta, FL 33469 Ch. 30 Art. 11 Sec. 30-33 & IPMC 301.3 PCN: 60-42-40-26-01-000-2120 Legal Description: TEQUESTA LT 212 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 August 13, 2019, the property was the Special Magistrate finds that the property is in violation of Chapter 30, Article 11, Section 30-33 and Section 301.3 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta and such violations of Sections 30-33 and 301.3 of the IPMC represent a serious threat to the health, safety and welfare of the Village residents due the height of grass, weeds and undergrowth and unsafe and unsecure condition of the vacant structure. It was a Conclusion of Law that the above -stated constitute a continuing violation of Section 30-33 and Section 301.3 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta. Page 1 of 4 The Respondents are hereby ordered to continue to comply with Section 30-33 and Section 301.3 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta within fourteen (14) days of the date of this order. If the Respondents fail to achieve compliance within fourteen (14) days of the date of this order, a daily fine of Twenty-five Dollars ($25.00) per day may be imposed for each day the violation continues to exist. If the Respondents do not achieve compliance within fourteen (14) days of the date of this order, it is further ordered by the Special Magistrate that the Village may immediately abate the violation of Section 30-33 and Section 301.3 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta by taking reasonable actions concerning the height of the weeds and grass and unsafe and unsecure condition of the vacant structure in order to alleviate the dangerous conditions that such issues may present to surrounding areas pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement will 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 are hereby ordered to continue to comply with Section 30-33 and Section 301.3 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta once abatement has been accomplished. The Respondents were assessed $208.60 for administrative costs incurred by the Village for the August 13, 2019 hearing. FINE REDUCTION HEARINGS None were presented at this meeting. FORECLOSURE AUTHORIZATIONS None were presented at this meeting. ANY OTHER MATTERS 2. Case Number: 2017-00017 CVS Pharmacy, 2003 Tequesta Assoc LLC 260 S. U.S. Highway 1 Tequesta, FL 33469 Ch. 30 Art. U Sec. 30-33 & Ch. 78 Art. IX Sec. 78-399, 78-701, 78-700, 78-737, 78-398 PCN: 60-43-40-30-52-000-0020 Legal Description: 2003 TEQUESTA ASSOC LLC LT 2 This Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and CVS Pharmacy 2003 Tequesta Assoc LLC ("2003 Tequesta Assoc LLC") resolves the code enforcement case identified above in a fair and amicable manner. The Village and 2003 Tequesta Assoc LLC agree and stipulate to the Page 2 of 4 following: 1. On April 20, 2017, Respondent's above -referenced property ("Subject Property") was found to be in violation of Chapter 30, Article 11, Section 30-33; Chapter 78, Article IX, Section 78-398 and 78-399; Chapter 78, Article X, Section 78-701 and 78- 700; Chapter 78, Article Xl, Section 78-737 of the Code of Ordinances of the Village of Tequesta (Order Finding Violation, dated April 25, 2017). 2. On June 15, 2017, an Order Assessing Fine was issued for the continuing violation of Chapter 30, Article 11, Section 30-33; Chapter 78, Article IX, Section 78- 398 and 78-399; Chapter 78, Article X, Section 78-701 and 78-700; Chapter 78, Article Xl, Section 78-737 of the Code of Ordinances of the Village of Tequesta, assessing a fine of Six Hundred Dollars ($600.00) and continuing to accrue at One Hundred Dollars ($100.00) per day until the Respondents achieved compliance. (Order Assessing Fine, dated June 21, 2017). Respondents were also assessed administrative costs of $191.96 for the June 15, 2017 hearing and administrative cost of $218.96 for the April 20, 2017 hearing. This order was recorded in the Official Records of Palm Beach County at Book 29218, Pages 0391-0392 on July 14, 2017. 3. Respondents brought the Subject Property into compliance with Village codes, as depicted in the Affidavit of Compliance dated November 2, 2018 and attached hereto as "Exhibit A' 4. The Village and Respondents agree that in exchange for payment to the Village by Respondents in the amount of Twenty -Three Thousand Dollar ($23,000.00), to be made within thirty (30) 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. 5. Should Respondent fail to pay the Village Twenty- Three Thousand ($23,000.00) within thirty (30) days of the date of this Stipulation, this Joint Code Compliance Stipulation shall be deemed void and the lien amount shall revert to its full amount and the lien will not be released. 6. Nothing contained in this Joint Code Compliance Stipulation shall be construed as precluding the Village from enforcing repeat violations at the Subject Property. Should Respondents violate the same sections of the Code again, Respondents may be subject to a fine of up $500.00 per day for such repeat violation. Should the violations be deemed to be irreparable and irreversible, Respondents may be subject to a fine of up to $5,000.00 for each violation. Additionally, the Code Inspector is not required to give a reasonable time to correct a repeat violation or an irreparable/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. 7. Each party shall bear its own fees and costs in connection with this matter. 8. The parties agree to the terms of this Joint Code Compliance Stipulation above. APPROVAL OF MINUTES &gner approved the previous minutes from meetings March 12, 2019 and April 9, 2019 ADJOURNMENT This meeting was adjourned at 10:13 am Page 3 of 4 Respectfully submitted, Lori McWilliams, MMC Village Clerk ATTEST: �✓ v Code Enforcement Officer APPROVE peci* agistrate Date Approved Page 4 of 4