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Documentation_Special Master_Tab 10_02/26/2009
v* .f } • ~ f 7 ,~.. ~ r; xr o !• -- 4 y h CO t VILLAGE O;F' TEQUESTA CODE COMPLIANCE COST RECOVERY SHEET Code Compliance Case No. ~~ '- C~ (~ ~ ~~ Names in Violation ~21~_~~~ y~L17~~ , Hearing Date: (~`~-'~Z(o-{~~`/ Location of Violations: ~~/~} ,~(S7Z L~- ~~ d ~i~ i~'I jf 11 cX.~ Amount Total Amount • Village Attorney ... .................. $175.00 per hour ~ ~ ~ ~ • Special Master ........................ $150.00 per hour plus Mileage ~ • Ownership Search .................... ................................................... _ $10.00 • Publication of Notice ................. ................................................... $10.00 • Recording Fee ........................ ................................................... $7.00 • Mailing: a) Certified ..................... $5~,~ each __1__-- b) Regular ...................... .. $0.4~ each r ~, (~i c) Hand Delivery, Mileage and 1~Iaterials ~--~- • Photographs ........................... $3.00 L c.[ I~ • Administrative Costs: a) Code Inspector ............... $29.29 Total Compensation Per Hour Scg Sp b) Police Officer at Hearing & Police Time In Case ... $44.71 Total Compensation Per Hour c) Director Review ............ $58.38 Total Compensation Per Hour -- . 2 d) Village Clerk ..................$33.98 Total Compensation Per Hour ~ l 3 e) Miscellaneous Costs ........................................................ TOTAL AMOUNT DUE AND PAYABLE ............................ $ 33 / 7~ Joe Petrick Code Compliance Officer SIGNED: DATE: (,~ ~- ~~ ,- p S' 10/1/06 Revised' 5/5/08 r a 7 Postage $ 7 C~rtiflet! Fee J postmark ~ Retum Receipt Fee Here (Endorsemert Requlre~ '~ (EndorsementDaliveryRegWre~ a ~ ~~ Total Postage & Fees t'1 7 Sent o ~ ~~ 17( ~~-~ -- orPOewrnfo. 1~~ __Lt__ (.t2r_C------------------------------------------ ~~~~~ jl~ ~~ 3'~Y(og ^ Complete items 1, 2, and 3. Also complete Item 4 ff Restricted Delivery Is desired. ^ Print your name and address on the reverse : so that we can return the-card to you. ^ Attach this card to the back of the mailplece, or on the front. ff space permits. 1_ Article Addressed to: Std D~/ ~ /icfLc-j L C.d(.~.Jr~" ~~L ~ 3t fG~' A. Sigh/nature / ®® _ X /~. , A /l.. o ~~ ^ Agent C. Date of Deliver D. is deliv address differeiat from Item 1? ^ Yes If YES, .enter delNery address below: ^ No 3. Service Type Certlfled Mall O Express Mail Reglster~ ~ Return Receipt fcr Merehandla~ ^ Insured Mail ^ C.O,D. 4. Restricted Delivery'1(Exba Fee) ^ Yes 2. Artlcle Number (rianster from se-wce ~abe-, 7 0 5 311 ~ ~ ~ ~ 4 015 2 716 9 PS Form 3811. February 2004 Domestic Return Recelot to25s5-o2-M-is4 VIL OF TEQUESTA COD ENFORCEMENT 357 Tequesta Drive -Tequesta, FL 33469-0273 Phone (561) 744-4012 Employee If Business: John Zuccarelli N TES: Protxrt~ in violation of tlx follotcing ordi~uu Clv~pterzG Article 19 Secfion 30-.2 aid 30-33 Declaration oC nnism~ce and PmWbi~d Pmpem-Conditions. Ctu~pleY?0 Article IX Section ~0-~? L Prohibited: declaration of rmisance Chapter 7K Anicle ix Section'8-i99 ,iwui,~orking} Irngalion Chapter 78 Article Ik Section 7SJtN) hrtcnor Im~dseaping otpadutg areas Chaper 7n Article IX Sectlon 78J01 Plairtiag smp for parking areas abntans other paA:ing area Cluy~ter7R Article 1X Section 7R-lon Percentage of landscape covetxge rcgai red Chapter 7R Article IX Secrian 7flJU~ Laaascaping aroo~d principal slmdnrs Clmpter 7K Anicle LK Secnou 7H-?9~ Pcnnreter plamh~ nrip ~rgnimd Copy To Records NOTICE OF VIOLATION ^ Event No. 2009-000013 NOT-CE OF HEARING ~ REPEAT VIOLATION ^ Palm Beach County I ~ Village Ordinance Tequesta, Florida ^ County Code The undersigned cert~es that he/she had just and reasonable grounds to believe, and does believe that on: Day of Week Month Day Year Time A.M. Monday 02 09 2009 8:23 Pnn. ^ Name (Print) First M.I.. Last JMZ Properties street 104 Li>:hthouse Drive City State Zip Jupiter Inlet Colony Fl 33469 Telephone No. Date of Birth Race Sex Height VIOLATION No. Section Page see notes ORDINANCE Description: Several V101atlOnS see notes ReaSOnable CaDSe fOf ISSUanCe: PROPERTY REMAINS IN VIOLATION AFTER NOTICE OF VIOLATION WAS ISSUED. Observed and photographed an unsafe inoperative light pole leauiug ou property, black fip_ stepping, and parking curbs broken and in disrepair, needs, overgrowth and dead vegetation on property, Irrigation system not working. Property not in compliance with listed landscaping codes. NO PERMITS ON PILE. Location of violation 1 Main Street/250 Tequesta Drive Tequesta, FL 33469 Manner to Comply: APPEAR AS INDICATED BELOW. Apply for appropriate permits, remove or repair above listed items to code. Call 575-6220 for permitting information. COMPLIANCE DATE: Appear. Immediately comply with listed ordinances. The Special Master/Code Enforcement Board has the power by State Statutes to assess fines up to and Including $250.00 a day or up to and including $500-00 a day for a repeat violation. This citation is issued pursuant to Fla.. Stat., 162. The violation for which you are charged is a civil Infraction. Your signature below does not constitute an admission of guilt however, willful refusal to sign and accept this citation is a misdemeanor of the 2nd degree as provided by Fla.. Stet. 775.062 or 775.00. YOU ARE HEREBY NOTIFIED TO APPEAR at 345 Tequesta Drive Tequesta, FL on the 26th day of February 2009 ~, lo:oo nm at which time your case will be heard. Failure to appear may result In an adjudication and fine entered against you. rntn t nHmc Certified Mail SIGNATURE OF OFFICER J. Petrick ID OR TITLE 1146 DATE/TIME OF ISSUANCE TIME ^ AM Cerfined :Mail ^ PM ISSUING OFFICER WHITE: OFFICER COPY YELLOW: VIOLATOR COPY ~ CA Ci C~ G ~' f~Ldl ~ -- CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER GRANTING CONTINUANCE VILLAGE OF TEQUESTA, Petitioner, Case No. 200$-00164 vs. JMZ PROPERTIES, JOHN ZUCCARELLI, Respondent(s). RE: Violation of Section(s) 78-612 of the Code of Ordinances of the Village of Tequesta. Address: 1 Main Street/250 Tequesta Drive Tequesta., Florida 33469 Legal Description: TEQUESTA VILLAGE CENTER PAR 4 PCN: 60-43-40-30-47-004-0000 The Special Magistrate appointed by the Village Council to hear code compliance cases for the Village of Tequesta, in accordance_,.with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 22°d day of January, 2009, and based on the evidence and testimony presented, entered an Order Granting Continuance.. ~'he following Findings of Fact and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, JMZ Properties/John Zuccarelli, was not present at the hearing; however, there was a fording of proper notice of the violation and the hearing. 2. The parties aze continuing to attempt to resolve this matter and requested that the case be continued to the February 26, 2009 agenda. ORDER It is the Order of the Code Compliance Special Magistrate that this matter is continued to the February 26, 2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Page 1 of 2 ~I.OIOI:f.71ryi7Y.IrtUlrl ircrn. ~yuKUrraR•r ~ar•.rra~aivnra. m m ~ ~~ ru ~ Postage ~ 0 Certified Fes P p Return Receipt Fee Here 0 ~Endorsemerd Required) 0 Restricted Dedvery Fes (Endorsemerd Required) Z ~ Total Postage & Fees $ ~~ O Sent To ~ p - ---° -°-- -------°-----°°-, 0 Street, dp-C?vo.; or PO ear No. 1Del CfC__~1Z r~ ------------------------- -~ -----3 ~ ~! ~-~9 ----------------------~-------~ cny, smre, zw~a ^ Complete Items 1, 2, and 3. AIsQ complete item 4 ff Restricted Delivery Is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of th~ mailplece, or on the front ff space permits. 1.. Article Addressed to: ~f~6-t~l '?fdLt6~i~`Lf.~j 1 c~~( e~t r®Y~~~s~ ~ r v~ 'moo ~ t°7ta~t ~~ c~ r f ~ ~.3~ ~' ~~ ~~~~~~ A.. SI nature _ ~ ^ Agent X ~ . ~ r~tA ~' ~ Addn3sse9 B. Received by (PrlMed Name) C., gj Delivery D. Is delivery eddn~.ss dffferent from Item 17~ ^ Yes If YES, enter delivery address below: ^ No 3.. Servic®Type ~} Certlfied Mall ^ Express Mall ^ Reglsten~ ~ Return Receipt for Merchandise ^ Insun~ Mall ^ C.O.D. 4. Restricted DelNert/t (Extra Fee) ^ Yes 2, Artlcle Number (ifansferfiomsenRce~at>~ 7008 0150 0002 0552 3934 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-t54 VILLA OF TEQUESTA CODE ENFORCEMENT 357 Tequesta Drive -Tequesta, FL 33469-0273 Phone (561) 744012 NOTES Pro~nc nr ciolatimr of the Follotti~ ordirar Cl>Tpler?0 Atfslc l] Secliou?0-}2 and 30-3± Declaration of misanee arrd Prohibited Propem- Condi[ioas. Chaplcr 30 Article Ia Seclian 36-?? 1 Prolrrlited: declaration of nuisance Chaplcr 7s ,ankle IX Swlimr ?R-"19l (uar o~orAing) Irrigation CYmpter 7R Aricle IX Section 7R-100 Lncnor I;utdscaping of parAing areas Grape[ 7R Article 1X Section 78-101 Planting strip fur pu'lartg aaas abnltiug odrer parkig ama Chaplcr 7K Article IX Section 78-FOJ Percentage of landscape coverage required Chapter 7R Article IX Section 78-!05 fa;Wscaping around pdnclµtl s[rucl ure5~ ClppVer 7R dnicle lX Section 78-3 )? PetitnelerplarLLingsttip regaircd Employee If Business: John Zuccarelli Copy To Records NOTICE OF VIOLATION ^ Event No. 2009-000013 NOTICE OF HEARING ^ REPEAT VIOLATION ^ Palm Beach County ~ Village Ordinance Tequesta, Florida ^ County Code The undersigned cer~es that he/she had just and reasonable grounds to believe, and does believe that on: Day of Week Month Day Year Time A.M. ^ Thursday O1 27 2009 2:57 PM. Name (Print) First M.I.. Last JMZ Properties Street 104 La>3hthouse Drive City State Zip Jupiter Inlet Colony Fl 33469 Telephone No. Date of Birth Race Sex Height VIOLATION No. Section Page see notes ORDINANCE Description: Several vtotattons see notes Reasonable Cause for Issuance: Observed and photographed an unsafe inoperative light pole leaning on property. black top, stripping, and parking curbs broken and in disrepair, weeds, overgrowth and dead vegetation on property, Irrigation system not working. Property not in compliance with listed landscaping codes. Location of Violation 1 Main Street/250 Tequesta Drive Tequesta, FL 33469 Manner to comply: Apply for appropriate permits, remove or repair above listed items to code. Call 575-6220 for permitting information. COMPLIANCE DATE: 5 days to apply for permits. 30 days complete compliance The Special MasterlCode Enforcement Board has the power by State Statutes to assess fines up to and Including 3250.00 a day or up to and including 5500-00 a day for a repeat violation. This citation is issued pursuant to Fla.. Stat., 162. The violation for which you are charged is a civil Infraction. Your signature below does not constitute an admission of guilt however, willful refusai to sign and accept this citation is a misdemeanor of the 2nd degree as provided by Fla.. Stat. 775.062 or 775.00. YOU ARE HEREBY NOTIFIED TO APPEAR at 345 Tequesta Drive Tequesta, FL on the day of at which time your case will be heard. Failure to appear may result In an adjudication and fine entered against you. SIGNATURE OF RESPONDENT PRINT NAME Certified Mail SIGNATURE OF OFFI~,',Ey J. Petrick F1! ID OR TITLE 1146 DATElTIME OF ISSUANCE TIME ^ AM Certified Mail ^ PM ISSUING OFFICER WHITE: OFFICER COPY YELLOW: VIOLATOR COPY • • Sec. 30-32. Excessive accumulations prohibited; declaration of nuisance. The existence of excessive accumulations or of untended growth of weeds, undergrowth, or other dead or living plant life, as defined in this article, upon any lot, tract or parcel of land, improved or unimproved, within 100 feet of any improved or unimproved property within the village, to the extent and in such manner that the lot, tract or parcel of land becomes or may reasonably become infested with rodents, vermin, or wild animals, or may become a breeding place for such, or in any other way threatens the public health, safety and welfare, or which may reasonably cause disease or adversely affects and impairs the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. (Code 1977, § 10-17) Sec. 30-33. Prohibited conditions. (a) It shall be unlawful for the owner of any lot, parcel or tract of land with or without improvements constructed thereon within the village to permit grass, weeds, or undergrowth to grow thereon to a height of 12 inches or more from the ground. (b) It shall be unlawful for the owner of any lot, parcel or tract of land whether with or without improvements constructed thereon within the village to permit rubbish, trash, debris, dead trees or other unsanitary or unsightly conditions to remain on the premises. (c) It shall be unlawful for the owner of any lot, parcel or tract of land with improvements constructed thereon within the village to permit the existence of depressions or excavations or any other condition on such premises thereon in which water may accumulate in such a manner or fashion to make possible the propagation of mosquitoes therein. (d) It shall be unlawful for the owner of any lot, parcel or tract of land whether there are improvements and construction thereon or not to permit rubbish, trash, debris, dead trees or other unsanitary or unsightly conditions to remain on the premises. (e) If properties are protected under chapter 50, article II, pertaining to environmentally sensitive lands, they shall be exempted from those provisions of this section which require the removal of weeds, grass and undergrowth where it is determined by the village that to remove such weeds, grass and undergrowth will be in violation of chapter 50, article II. (Code 1977, § 10-18) • Sec. 30-331. Prohibited; declaration of nuisance; exceptions. (a) No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicle of any kind or of any trailer, boat, bicycle, machinery, refrigerator, washing machine, plumbing fixture, furniture or other similar articles which are in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition, whether attended or not, upon any private property within the village for a period of time in excess of 72 hours. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or article described in this section on private property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this division. (b) This section shall not apply to any vehicle or article described in this section which is completely enclosed within a building on private property or to any such property held in connection with a business enterprise lawfully licensed by the village and properly operated in the appropriate business zone pursuant to the zoning laws of the village. (Code 1977, § 13-31) the village shall be provided with sufficient automatic irrigation facilities and moisture control devices, both of which shall be maintained in working order at all times. If good cause is shown that there is not a need for automatic irrigation facilities, this requirement may be waived by action of the village council. (4) All single-family and duplex lots within the village shall be required to remove any prohibited landscaping from the property as set forth in section 78-408. This subsection shall be enforced by the village by requiring the removal of any prohibited landscaping prior to granting any landscaping, irrigation or well permit. (Code 1977, app. A, § X(H)(2)(c)(2)) Sec. 78-397. Ground cover and trees in planting strips. The area of the required planting strip not occupied by a fence or hedge shall be provided with grass or other plant ground cover material. In addition, one canopy tree shall be provided for each 30 linear feet of such landscaped area. Such trees shall be not less than 12 feet high at the time of planting with a minimum of five feet of clear trunk. If palm trees are planted in lieu of canopy trees, the palm trees may be clustered in groups of three and three palm trees shall be required for each canopy tree required under this section. Palm trees shall be planted with a minimum of 12 feet of gray wood or clear trunk at time of planting. Only 50 percent of all trees provided in the landscaping plan shall be palm trees. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Cross-section of Perimeter Landscape Requirements (Code 1977, app. A, § X(H)(2)(c)(3)) Sec. 78-398. Accessways through landscaped areas. Necessary accessways from public rights-of-way through all required landscaped areas shall be permitted to service the open land use. The width of accessways shall be included in the lineal footage calculation to determine the number of trees required in a required planting strip area. Accessways shall in no event exceed 24 feet in width. (Code 1977, app. A, § X(H)(2)(c)(4)) Sec. 78-399. Irrigation. All landscaped areas and planting areas shall be provided with sufficient automatic irrigation facilities which shall be maintained in working order at all times. Irrigation facilities shall be designed to meet the needs of the turf and other plants used. Irrigation facilities design shall consider the hydro-zones of the landscape. Irrigation facilities shall be designed so as to irrigate only designated landscapes, avoiding water placement on parking lots, sidewalks, streets and buildings. (Code 1977, app. A, § X(H)(2)(c)(5)) Sec. 78-400. Interior landscaping of parking areas. (a) Rows of parking spaces shall be terminated on both ends by landscaped islands which measure not less than six feet in width (outside of curb to outside of curb) and 20 feet in length. At least one tree shall be planted in every six-foot by 20-foot island. The remainder of the terminal island shall be landscaped with grass, ground covers or shrubs or a combination of any of these. (b) Additional interior landscape islands shall be placed within rows of parking spaces so that there is at least one interior island for every ten parking spaces or fraction thereof. The island shall measure not less than six feet in width (outside of curb to outside of curb) and 20 feet in length. At least one tree, as defined in section 78-397, shall be required per island, with the remainder of the island landscaped with grass, ground covers, shrubs or a combination of any of these. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Groundcover, sod, shrubs, etc. (c) In addition to the requirements in subsections (a) and (b) of this section, a landscape divider median shall be placed between abutting rows of parking spaces and rows of parking spaces and driveways. The minimum width of the divider median shall be five feet and the divider median shall continue the entire length of the parking row to the terminal landscape island. There shall be one tree, as defined in section 78-397, planted per 40 linear feet of required landscape area. The remainder of the divider median shall be landscaped with grass, ground covers, shrubs or a combination of any of these. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Parking Spaces (d) Trees of the species designated within South Florida Water Management District Xeriscape Plant Guide II, as amended, which is adopted as part of this chapter and is on file in the village clerk's office, shall be planted in each planting area, provided that each species planted shall be designated as moderate drought tolerant or very drought tolerant, designated as anon-invasive species, have a hardiness zone designation other than tropical, be proposed for planting with regard for salt tolerance depending upon the proposed geographic location and its proximity to the Atlantic Ocean and have a medium or high wind tolerance. All designations referenced in this section shall be as indicated within the South Florida Water Management District Plant Guide II, as amended. Tree plantings shall meet the landscaping requirements of the village. (Code 1977, app. A, § X(H)(2)(c)(6)) Sec. 78-401. Planting strip for parking areas abutting other parking area. In commercial parking areas where one off-street parking area adjoins or abuts another such parking area under different ownership or use, a landscaped planting strip not less than five feet wide maintained in good condition shall be required. It is the intent of this section that each adjacent strip shall require the five-foot planting strip with the intent being that a minimum combined ten-foot landscape separation be maintained between uses. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Property Lines (Code 1977, app. A, § X(H)(2)(c)(7)) Sec. 78-402. Vegetation selection criteria. The village shall require the use of native vegetation as referenced in the South Florida Water Management District Xeriscape Plant Guide II, as amended, with such species to be used to the greatest extent possible and where practical. Sixty percent of all required landscaping shall be landscaping indigenous to the South Florida area as indicated in the Xeriscape Plant Guide II, as amended. Additionally, each species planted shall be designated as moderate drought tolerant or very drought tolerant, designated as anon-invasive species, have a hardiness zone designation other than tropical and be proposed for planting with regard for salt tolerance depending upon the proposed geographic location and its proximity to the Atlantic Ocean. All designations referenced in this section shall be as indicated within the South Florida Water Management District Xeriscape Plant Guide II, as amended. (Code 1977, app. A, § X(H)(2)(c)(8)) Sec. 78-403. Preservation of existing trees. Whenever appropriate, existing trees shall be conserved and integrated into the approved landscaping design plan. Along with the submission of the landscape plan, a tree inventory survey shall be submitted which sets forth in detail the landscaping existing on the property prior to development. The survey shall be accomplished by a registered land surveyor and shall reference all trees of three inches in diameter or greater. (Code 1977, app. A, § X(H)(2)(c)(9)) Sec. 78-404. Percentage of landscape coverage required. Fifteen percent minimum of the gross parking area is to be devoted to living landscaping, which includes grass, ground cover, plants, shrubs and trees. The gross parking area is to be measured from the edge of parking and/or driveway paving and sidewalks, extended five feet in all directions, but is not to include any areas enclosed by the building or covered by a building overhang. (Code 1977, app. A, § X(H)(2)(c)(10)) Sec. 78-405. Landscaping around principal structures. Parking rows and traffic aisles must be separated from principal structures on the side and front by a landscape strip of at least four feet in width. Where a building fronts on two streets, all sides of the building, except for designated loading areas, must be separated from parking rows and traffic aisles by a landscape strip of at least four feet in width which shall include trees and/or hedges. (Code 1977, app. A, § X(H)(2)(c)(11)) • Sec. 78-406. Compatibility with streetscape plans. Landscaping plans of properties, including proposed subdivisions, abutting or adjacent to U.S. Highway 1 and Tequesta Drive, or any other street upon which the village council has adopted a streetscape plan, shall, to the extent possible, conform to the themes established by the village on the special roadway corridors in the manner and form of the streetscape plan adopted by the village council. The property owner shall pay all costs of planning and landscaping improvements for all off-street streetscape landscaping required by this division. (Code 1977, app. A, § X(H)(2)(c)(12)) Sec. 78-407. Landscape plans. Landscape plans submitted to meet the provisions of this division shall conform to the following criteria: (1) The landscape plan shall be drawn to a scale of not less than one inch equals 30 feet. (2) The landscape plan shall clearly delineate all proposed trees, shrubs, ground covers, required landscape strips, planting islands and other landscape areas and treatments required by this division. (3) The landscape plan shall indicate graphically the quantities, types, sizes at time of planting and at five years' maturity, spacing and other qualitative data for all required plant materials under the provisions of this division, including botanical and common names. (4) The landscape plan sha11 bear the seal of a landscape architect licensed to practice in the state or be prepared by another licensed professional authorized to prepare landscape plans pursuant to F.S. ch. 481, pt. II (F.S. § 481.301 et seq.). (5) The plans shall conform to any and all other requirements required by the building and zoning department of the village. (6) Any and all landscaping provided shall be in accordance with the South Florida Water Management District Xeriscape Plant Guide II, as amended, techniques, practices and landscape vegetation lists, which shall constitute the village approved landscape guide and list with the following exceptions. All vegetation species not designated as moderate drought tolerant or very drought tolerant, all invasive species and all species having a hardiness zone designation of tropical shall not be approved and do not constitute a part of the approved village landscape guide and list, a copy of which is hereby incorporated as a part of this division as if fully set forth in this section. (Code 1977, app. A, § X(H)(2)(c)(13)) Sec. 78-391. Objective. The objective of this division is to improve the appearance of off-street vehicular parking, open lots, and service areas in the village, and to protect and preserve the appearance, character, and value of the surrounding neighborhoods and thereby promote the general welfare by providing standards for the installation and maintenance of landscaping for screening and aesthetic qualities, since the village council finds that the peculiar characteristics and qualities of the village justify regulations to perpetuate its aesthetic appeal on a village-wide basis. (Code 1977, app. A, § X(H)(1)) Sec. 78-392. Applicability. Landscaping shall be provided in all zoning districts according to the regulations in this division. Single-family lots are exempt from the provisions of this division except for section 78-396. (Code 1977, app. A, § X(H)(2)) Sec. 78-393. Renovation of existing properties. Whenever an existing structure is altered in any way, requiring approval of the community appearance board and/or the village council, landscaping, if not in accordance with present criteria requirements set forth in this division, shall be upgraded by the responsible party to meet the requirements of this division, unless, in the opinion of the village council, such upgrading is impractical or would result in undue hardship. In this case, the village council reserves the right to waive such portions of the criteria as it deems advisable. (Code 1977, app. A, § X(H)(2)(a)) Sec. 78-394. Nonconforming areas. (a) Any parcel of land upon which a structure has been heretofore erected and which received a certificate of occupancy prior to the date of adoption of the ordinance from which this division is derived, which does not conform to the requirements and regulations of this division, shall be landscaped by the responsible party according to the requirements of this division within five years of the date of enactment. (b) If it is determined that it is impractical or would result in undue hardship for a property to come into compliance with the provisions of this division in accordance with this section, the village council reserves the right to waive such portions of the criteria as it deems advisable. Financial hardship shall not be considered as a primary reason for a waiver, but rather consideration for waiver shall be granted primarily upon the basis of the practicality and ability of a property to come into compliance with the terms of this division. (Code 1977, app. A, § X(H)(2)(b)) Sec. 78-395. Perimeter planting strip required for parking areas. For purposes of this section, open land uses shall mean open air parking lots, private or public, and parking areas serving any commercial, business, service, multifamily or institutional use; however, this section shall not apply to single-family residential lots. Any open land use area which abuts any public street right-of-way or abuts or is across any alley from any land used for residential use shall be required to provide a planting strip inside the property line. The planting strip shall have a width of at least five feet where vehicular use areas abut adjacent land uses and a width of at least ten feet where vehicular use areas abut a public and/or private street right-of-way. The planting strips shal{ be planted with a hedge of at least 24 inches in height at the time of planting, to grow to a minimum of four feet, but not to exceed six feet in height, and shall have trees planted as required in section 78-397. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Public/Private Right-of-Way (Code 1977, app. A, § X(H)(2)(c)(1)) Sec. 78-396. Landscaping abutting residential areas; single-family and duplex lots. (a) In the planting strip of commercial properties abutting and/or immediately adjacent to residential areas there shall be erected a living hedge not more than six feet from the residential property line. The hedge must be planted prior to issuance of a certificate of occupancy and must be planted not more than two feet on center and must be maintained at a height of not less than six feet and not more than ten feet. Additionally, a solid opaque fence and/or wall of not less than five feet but not more than six feet shall be required. (b) All single-family lots and duplex lots located within R-1, R-1A or R-2 zoning districts shall comply with the following landscape requirements: (1) All single-family and duplex lots proposed for development within the village shall be required to comply with the xeriscaping landscape concept as set forth in the South Florida Water Management District Xeriscape Plant Guide II, as amended, with a minimum of 60 percent native landscaping required, by submitting xeriscape landscaping and irrigation plans to the department of community development for review and consideration for approval prior to issuance of a certificate of occupancy. This provision shall also apply to any renovation, restoration or construction activity to an existing structure or existing landscaped area wherein the renovation, restoration or construction activity value is greater than 50 percent of the assessed value of the existing structure, or 50 percent of the estimated value of the existing landscaped areas determined by the department of community development. (2) Each single-family and duplex lot within the village shall be required to maintain 30 percent open space, which shall be landscaped with sod or grass, perimeter hedges and other landscaping such as trees in accordance with the provisions of this division. (3) All landscaped areas and planting areas on single-family and duplex lots within ~ ! the village shall be provided with sufficient automatic irrigation facilities and moisture control devices, both of which shall be maintained in working order at all times. If good cause is shown that there is not a need for automatic irrigation facilities, this requirement may be waived by action of the village council. (4) All single-family and duplex lots within the village shall be required to remove any prohibited landscaping from the property as set forth in section 78-408. This subsection shall be enforced by the village by requiring the removal of any prohibited landscaping prior to granting any landscaping, irrigation or well permit. (Code 1977, app. A, § X(H)(2)(c)(2)) Sec. 78-397. Ground cover and trees in planting strips. The area of the required planting strip not occupied by a fence or hedge shall be provided with grass or other plant ground cover material. In addition, one canopy tree shall be provided for each 30 linear feet of such landscaped area. Such trees shall be not less than 12 feet high at the time of planting with a minimum of five feet of clear trunk. If palm trees are planted in lieu of canopy trees, the palm trees may be clustered in groups of three and three palm trees shall be required for each canopy tree required under this section. Palm trees shall be planted with a minimum of 12 feet of gray wood or clear trunk at time of planting. Only 50 percent of all trees provided in the landscaping plan shall be palm trees. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Cross-section of Perimeter Landscape Requirements (Code 1977, app. A, § X(H)(2)(c)(3}) Sec. 78-398. Accessways through landscaped areas. Necessary accessways from public rights-of-way through all required landscaped areas shall be permitted to service the open land use. The width of accessways shall be included in the lineal footage calculation to determine the number of trees required in a required planting strip area. Accessways shall in no event exceed 24 feet in width. (Code 1977, app. A, § X(H)(2)(c)(4)) Sec. 78-399. Irrigation. All landscaped areas and planting areas shall be provided with sufficient automatic irrigation facilities which shall be maintained in working order at all times. Irrigation facilities shall be designed to meet the needs of the turf and other plants used. Irrigation facilities design shall consider the hydro-zones of the landscape. Irrigation facilities shall be designed so as to irrigate only designated landscapes, avoiding water placement on parking lots, sidewalks, streets and buildings. (Code 1977, app. A, § X(H)(2)(c)(5)) Sec. 78-400. Interior landscaping of parking areas. ~ ~ (a) Rows of parking spaces shall be terminated on both ends by landscaped islands which measure not less than six feet in width (outside of curb to outside of curb) and 20 feet in length. At least one tree shall be planted in every six-foot by 20-foot island. The remainder of the terminal island shall be landscaped with grass, ground covers or shrubs or a combination of any of these. (b) Additional interior landscape islands shall be placed within rows of parking spaces so that there is at least one interior island for every ten parking spaces or fraction thereof. The island shall measure not less than six feet in width (outside of curb to outside of curb) and 20 feet in length. At least one tree, as defined in section 78-397, shall be required per island, with the remainder of the island landscaped with grass, ground covers, shrubs or a combination of any of these. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Groundcover, sod, shrubs, etc. (c) In addition to the requirements in subsections (a) and (b) of this section, a landscape divider median shall be placed between abutting rows of parking spaces and rows of parking spaces and driveways. The minimum width of the divider median shall be five feet and the divider median shall continue the entire length of the parking row to the terminal landscape island. There shall be one tree, as defined in section 78-397, planted per 40 linear feet of required landscape area. The remainder of the divider median shall be landscaped with grass, ground covers, shrubs or a combination of any of these. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Parking Spaces (d) Trees of the species designated within South Florida Water Management District Xeriscape Plant Guide II, as amended, which is adopted as part of this chapter and is on file in the village clerk's office, shall be planted in each planting area, provided that each species planted shall be designated as moderate drought tolerant or very drought tolerant, designated as anon-invasive species, have a hardiness zone designation other than tropical, be proposed for planting with regard for salt tolerance depending upon the proposed geographic location and its proximity to the Atlantic Ocean and have a medium or high wind tolerance. All designations referenced in this section shall be as indicated within the South Florida Water Management District Plant Guide II, as amended. Tree plantings shall meet the landscaping requirements of the village. (Code 1977, app. A, § X(H)(2)(c)(6)) Sec. 78-401. Planting strip for parking areas abutting other parking area. In commercial parking areas where one off-street parking area adjoins or abuts another such parking area under different ownership or use, a landscaped planting strip not less than five feet wide maintained in good condition shall be required. It is the intent of this section that each adjacent strip shall require the five-foot planting strip with the intent being that a minimum combined ten-foot landscape separation be maintained between uses. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. GRAPHIC LINK: Property Lines (Code 1977, app. A, § X(H)(2)(c)(7)) Sec. 78-402. Vegetation selection criteria. The village shall require the use of native vegetation as referenced in the South Florida Water Management District Xeriscape Plant Guide II, as amended, with such species to be used to the greatest extent possible and where practical. Sixty percent of all required landscaping shall be landscaping indigenous to the South Florida area as indicated in the Xeriscape Plant Guide II, as amended. Additionally, each species planted shall be designated as moderate drought tolerant or very drought tolerant, designated as anon-invasive species, have a hardiness zone designation other than tropical and be proposed for planting with regard for salt tolerance depending upon the proposed geographic location and its proximity to the Atlantic Ocean. All designations referenced in this section shall be as indicated within the South Florida Water Management District Xeriscape Plant Guide II, as amended. (Code 1977, app. A, § X(H)(2)(c)(8)) Sec. 78-403. Preservation of existing trees. Whenever appropriate, existing trees shall be conserved and integrated into the approved landscaping design plan. Along with the submission of the landscape plan, a tree inventory survey shall be submitted which sets forth in detail the landscaping existing on the property prior to development. The survey shall be accomplished by a registered land surveyor and shall reference all trees of three inches in diameter or greater. (Code 1977, app. A, § X(H)(2)(c)(9)) Sec. 78-404. Percentage of landscape coverage required. Fifteen percent minimum of the gross parking area is to be devoted to living landscaping, which includes grass, ground cover, plants, shrubs and trees. The gross parking area is to be measured from the edge of parking and/or driveway paving and sidewalks, extended five feet in all directions, but is not to include any areas enclosed by the building or covered by a building overhang. (Code 1977, app. A, § X(H)(2)(c)(10)) ~ ~ Sec. 78-394. Nonconforming areas. (a) Any parcel of land upon which a structure has been heretofore erected and which received a certificate of occupancy prior to the date of adoption of the ordinance from which this division is derived, which does not conform to the requirements and regulations of this division, shall be landscaped by the responsible party according to the requirements of this division within five years of the date of enactment. (b) If it is determined that it is impractical or would result in undue hardship for a property to come into compliance with the provisions of this division in accordance with this section, the village council reserves the right to waive such portions of the criteria as it deems advisable. Financial hardship shall not be considered as a primary reason for a waiver, but rather consideration for waiver shall be granted primarily upon the basis of the practicality and ability of a property to come into compliance with the terms of this division. (Code 1977, app. A, § X(H)(2)(b)) Sec. 78-395. Perimeter planting strip required for parking areas. For purposes of this section, open land uses shall mean open air parking lots, private or public, and parking areas serving any commercial, business, service, multifamily or institutional use; however, this section shall not apply to single-family residential lots. Any open land use area which abuts any public street right-of-way or abuts or is across any alley from any land used for residential use shall be required to provide a planting strip inside the property line. The planting strip shall have a width of at least five feet where vehicular use areas abut adjacent land uses and a width of at least ten feet where vehicular use areas abut a public and/or private street right-of-way. The planting strips shall be planted with a hedge of at least 24 inches in height at the time of planting, to grow to a minimum of four feet, but not to exceed six feet in height, and shall have trees planted as required in section 78-397. The diagram following is for illustrative purposes. It represents minimum requirements and should be considered as a guideline only. :GRAPHIC LINK: Public/Private Right-of-Way (Code 1977, app. A, § X(H)(2)(c)(1)) ~ ~ C 1 ~ ~~~ l l~ ~~ ~ ~~~ U ~ ~ ~-,~ ,~ ( ~ , 11 i ~ ~-~ i- 5 ~~ ~~~ ~~~-~~ C r ~~. ~~ ,~.~~ a. ~~ `~~ ~ ~ ~ '~~ Vr ~ ~ ~~ ~ ~ ~~ ~~ ~~N Palm Beach County Tax Collector's Office http://www.pbcgov.c: tax/taxonline/Real Estate/retax detail.asp?Fp... • Home ~ Site Map ~ Employments En Espanol ANNE ~, CsANNON AnKreydl TJUrO~iJBCrOR.pl1LM0EJ1CHf~11NTY QUICkLlnkS: I'm looking for info about: , .~# Inquiry & Payment Center Help Center Form Center About Us Services Locations & Hours Press Room Contact Us t?rtatl ~ • ^ - - --- - -- - -- _ -1 Collector #,4-20o ass so Property Control Number so-4s.aa ao-a~-oo4 0000 Tax Year 200 searci, Real Estate Property Details - -_ Cross Ref PCN'__ _ $Ult COde'NONE Acres'D.9z '- Petition #',~sso _ _ Buyer Interest,o.oo - Rate'_ - __ Advertise #',o - - - _-- Qyyngr JMZ TEQUESTA PROPERTIES INC - _ Owner2 Legal TEQUESTA VILLAGE CENTER Description', Situs Address AddreSS1 ',1 MAIN ST - _ __ _ __ City'. - - Mailing Address _ ___ AddreSS'I .1 D4 LIGHTHOUSE DR Clty JUPITER -- MOrtga9e',NONE ReCOrd'PAID Status'- --- Total T8Xa6,767.50 - _-- -- - Good Faith #;o -_ ___-__- Buyer #'~o __ -- Installment #'o - - _ _ - PAR 4 _- Address2 _._ __ _ - -- ---- State', -__ Zipcode;- __-__-_' Address2 ~~ _ StateFL ZIpCOde ;3 34 6 9-351 1 All content ©2007 Tax Collector, Palm Beach County ~ Disclaimer 1 of 1 4/16/2008 11:58 AM wwwsunbiz.org -Department of State http://www.sunbiz.or scripts/cordet.exe?action=DETFIL&in~doc_... Home Contact Us E-Filing Services Document Searches Fonns Help Previous on List Next on List Return To List Events No Name History Entity Name Search 9 Detail by Entity Name Florida Profit Corporation JMZ TEQUESTA PROPERTIES, INC. filing Information Document Number P97000099968 FEI Number 650833213 Date Filed 11/24/1997 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 07/08/2003 Event Effective Date NONE Principal Address 209 TEQUESTA DRIVE TEQUESTA FL 33469 Changed 07/08/2003 Mailing Address 209 TEQUESTA DRIVE TEQUESTA FL 33469 Changed 07/08/2003 Registered Agent Name ~ Address ZUCCARELLI, JOHN M ESQ. 209 TEQUESTA DRIVE TEQUESTA FL 33469 US Name Changed: 04/14/2005 Address Changed: 04/14/2005 Officer/Director Detail Name 8 Address Title PD ZUCCARELLI, JOHN M III 104 LIGHTHOUSE DRIVE TEQUESTA FL 33469 Annual Reports 1 of 2 4/16/2008 12:01 PM ,. ` ~~~ .:;; ~~~ ~~ . }-yj~wjlis'.y~ w~j' ~ CC a f S~ Y.~e ~;-. -'.:'.. ~i-' • ±~ ~~. ~ ., 4~ ~ ~= y'' 0 _ s ~.. _. . - - ~. _ '~ .,,.. .- -^y ~ , ~~ ~~,' ~-_ ! _`t ,° <_ _; t ,, P . r ~ •~ . ~ , ~~ Z~ '~ ~ -~~ _. .~:' ._y.~.~~ - .;. 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