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HomeMy WebLinkAboutMinutes_Special Master_07/24/2008• VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES July 24, 2008 PRESENT: Special Master Jennifer Hunecke; Code Enforcement Officer Joe Petrick, Village Attorney Keith Davis, Recording Secretary Betty Laur. The hearing was called to order at 10:00 A.M. Code Enforcement Special Master Hunecke delayed approval of the June 26, 2008 hearing minutes to the next hearing when Special Master Donlon would be present. The following cases were heard by the Special Master: • Fine Assessment Hearings Case No. 2008-00072 Nancy Jones 250 Beach Road #402 Tequesta, FL 33469 PCN: 60-43-40-31-12-000-4020 Plumbing Permit Chapter 14 Article VI Section 14-152, Section 14-153, Section 14-154, and Section 14-157 The Respondent, Nancy Jones, was not present at the hearing, however, there was a finding of proper notice. The Tequesta Code Enforcement Officer Joe Petrick and the Building Inspector Buck Evans testified to the ongoing violation. Conclusion of law was that Respondent, Nancy Jones, remains in violation of Chapter 14 Article VI Section 14-157, Chapter 14 Article VI Section 14-152, Chapter 14 Article VI Section 14-153, and Chapter 14 Article VI Section 14-154 of the Code of Ordinances of the Village of Tequesta. • Special Master Hunecke ordered that Respondent, Nancy Jones, shall immediately comply with Chapter 14 Article VI Section 14-157, Chapter 14 Article VI Section 14- Special Master Hearing July 24, 2008 Page 2 152, Chapter 14 Article VI Section 14-153, and Chapter 14 Article VI Section 14-154 of the Code of Ordinances of the Village of Tequesta. A fine of $4,600.00 is hereby assessed for the violation through today's date. The fine is imposed beginning June 8, 2008 and will continue to accrue at $100.00 per day for each day the violation continues to exist. Respondent shall be assessed $299.36 for administrative costs to be paid by the 4th day of August, 2008. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Repeat Violation Hearings • Case No. 2008-00129 Robert Fritz 80 River Drive Tequesta FL 33469 PCN: 60-42-40-26-01-000-4330 Repeat Violation: R1A (Parking) Chapter 78 Article IX Section 78-644 The Respondent, Robert Fritz, was not present at the hearing, however, there was a finding of proper notice. The Tequesta Code Enforcement Officer Joe Petrick testified to the repeat violation. The Respondent was in repeat violation on June 7, 2008 and June 15, 2008. Conclusion of law was that Respondent, Robert Fritz, committed a repeat violation of Chapter 78, Article IX, Section 78-644 of the Code of Ordinances of the Village of Tequesta. Special Master Hunecke ordered that Respondent, Robert Fritz, shall continue to comply with Chapter 78, Article IX, Section 78-644 of the Code of Ordinances of the Village of Tequesta. A fine of $20.00 is hereby assessed for repeat violation that existed on June 7, 2008. A fine of $20.00 is hereby assessed for repeat violation that existed on June 15, 2008. • Special Master Hearing July 24, 2008 Page 3 Respondent shall be assessed $271.30 for administrative costs to be paid by the 4th day of August, 2008. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Case No. 2008-00133 David Kyle 229 Golf Club Circle Tequesta, FL 33469 PCN: 60-42-40-26-01-000-1850 Violation: • R1A (Parking) Chapter 78 Article IX Section 78-644 The Respondent, David Kylez, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer Joe Petrick testified to the repeat violation. The Respondent was in repeat violation on June 10, 2008 and June 11, 2008. Conclusion of law was that Respondent, David Kyle, committed a repeat violation of Chapter 78, Article IX, Section 78-644 of the Code of Ordinances of the Village of Tequesta. Special Master Hunecke ordered that Respondent, David Kyle, shall continue to comply with Chapter 78, Article IX, Section 78-644 of the Code of Ordinances of the Village of Tequesta. A fine of $20.00 is hereby assessed for the repeat violation that existed. Respondent shall be assessed $263.30 for administrative costs to be paid by the 4th day of August, 2008. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. • Special Master Hearing July 24, 2008 Page 4 Case No. 2008-00133 Darren Allfrey 15 River Drive Tequesta, FL 33469 PC N : 60-42-40-26-02-000-0080 Violation: R1A (Parking) Chapter 78 Article IX Section 78-644 The Respondent, Mrs. Allfrey, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer Joe Petrick testified to the repeat violation. The Respondent was in repeat violation on June 15, 2008. Conclusion of law was that Respondent, Darren Allfrey, was in repeat violation of Chapter 78, Article IX, Section 78-644 of the Code of Ordinances of the Village of Tequesta. • Special Master Hunecke ordered that Respondent, Darren Allfrey, shall continue to comply with Chapter 78, Article IX, Section 78-644 of the Code of Ordinances of the Village of Tequesta. A fine of $20.00 is hereby assessed for the repeat violation that existed. Respondent shall be assessed $240.95 for administrative costs to be paid by the 4th day of August, 2008. 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 of the original amount upon which the violation existed and upon any other rea! or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Violation Hearing(s) Case No. 2008-000164 John Zuccarelli JMZ Tequesta Properties Inc. Palm Beach Motorsports Special Master Hearing July 24, 2008 Page 5 1 Main Street Tequesta, FL 33469 PC N : 60-43-40-30-47-003-0000 Violation: Prohibited Vehicles, Trailers, Temporary Structures Chapter 78 Article IX Section 78-612 The Special Magistrate, appointed by the Village of Tequesta to hear Code Enforcement cases for the Village of Tequesta in accordance with Chapter 162, Florida Statutes, was asked by the Village of Tequesta and the Respondent to continue this matter. Findings of Fact: 1. The Respondents John Zuccarelli, JMZ Tequesta Properties, Inc., and Palm Beach Motorsports, by letter, requested a continuance of this matter. 2. The Village of Tequesta's Attorney, Keith Davis, agreed to the continuance of • this matter. Special Master Hunecke ordered that this matter be continued and a hearing will be held before the Special Master on the 28th day of August, 2008 at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Case No. 2008-00160 Larry Wright 11 Dewitt Place Tequesta, FL 33469 PC N : 60-42-40-36-19-000-0010 Violation: (No) Electrical Permit Chapter 14 Article VI Section 14-154 The Village Attorney reported this case was in compliance. Case No. 2008-00066 David Sperry 372 Franklin Road Tequesta, FL 33469 • PCN: 60-42-40-25-06-014-0030 (2) Violations: Prohibited Property Conditions ~ba Special Master Hearing July 24, 2008 Page 6 Chapter 30 Article II Section 30-33 R-1 (Parking) Chapter 78 Article IX Section 78-643 The Respondent, David Sperry, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer Joe Petrick testified to and produced photographs of the violation. The Code Enforcement Officer testified that the property was brought into compliance. Conclusion of law was that Respondent, David Sperry, was, but is no longer, in violation of Chapter 30, Article II, Section 30-33 and Chapter 78 Article IX, Section 78- 643 of the Code of Ordinances of the Village of Tequesta. Special Master Hunecke ordered that Respondent, David Sperry, shall continue to comply with Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. Future violations of the aforementioned code sections may be considered a repeat • violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. Respondent shall be assessed $254.98 for administrative costs to be paid by the 4th day of August, 2008. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Case No. 2008-00156 Michael and Leigh Capers 134 Fairview West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5460 Violation: R1-A (Parking) Chapter 78 Article IX Section 78-644 The Village of Tequesta removed this case from the agenda. • Status Hearings -None • Special Master Hearing July 24, 2008 Page 7 Fine Reduction Hearings -None Foreclosure Authorizations -None Adjournment There being no further cases, the meeting was adjourned at 11:15 a.m. Respectfully submitted, Q ~~cy ~~~ ~L~ 0 Betty Laur Recording Secretary • ATTEST: Co a Enforcement Officer ~ ; ~/ •