HomeMy WebLinkAboutMinutes_Special Master_12/06/2007VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
December 6, 2007
PRESENT: Special Master Lara Donlon; Code Enforcement OfFcer Joe Petrick, and
Recording Secretary Betty Laur
The hearing was called to order at 10:00 A.M.
Code Enforcement Special Master Donlon approved the minutes of the October 25,
2007 Special Master Hearing as submitted.
The following cases were heard by the Special Master:
Status Hearing:
Cornerstone Tequesta LLC
223 Village Blvd.
Tequesta, FL 33469
PCN: 60-43-40-30-46-002-0000
The Respondent, Cornerstone Tequesta, LLC, was represented at the hearing by
Attorney Christopher Saia and the owner, Mr. Guui. There was a finding of proper
notice. The Tequesta Code Enforcement Officer testified to the ongoing violation.
Respondent made a Motion for a Rehearing. The Motion for Rehearing was denied by
the Special Master.
Conclusion of law was that Respondent, Cornerstone Tequesta, LLC, is in violation of
Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of
Tequesta.
Special Master Lara Donlon ordered that Respondent, Cornerstone Tequesta, LLC shall
comply with the above listed cede sections of the Code of Ordinances of the Village of
Tequesta in the following manner:
A. Obtain the proper permits on or before the 20th day of December, 2007,
and
Special Master Hearing
December 6, 2007
Page 2
B. Bring the property into total compliance on or before the 5th day of
January, 2008.
If Respondent does not comply within the time specified above, Respondent shall be
assessed a fine of up to $250.00 per day until the property is in full compliance. It was
further ordered that the Respondent's Motion for Rehearing was denied.
A Fine Assessment Hearing will be held before the Special Master on the 24th day of
January, 2008 at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345
Tequesta Drive, Tequesta, Florida.
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.
Violation Hearings:
Case No. 2007-00208
Delbert Ogden
24 Oakland Court
Tequesta FL 33469
Violation: Prohibited Noise Generally
Chapter 30 Article X Section 30-361
PC N : 60-43-40-302-000-0180
The Respondent, Delbert Ogden, was present and represented at the hearing by
Attorney James Merola. There was a finding of proper notice. The Tequesta Code
Enforcement Officer testified to the initial violation and subsequent complaints to the
Police Department. There was no evidence that the violation existed past the time set
to comply.
Conclusion of law was that Respondent, Delbert Ogden, is not in violation of Chapter
30, Article X, Section 30-361 of the Code of Ordinances of the Village of Tequesta.
Special Master Lara Donlon ordered that Respondent, Delbert Ogden, shall continue to
comply with Chapter 30 Article X Section 30-361 of the Code of Ordinances of the
Village of Tequesta
Case No. 2007-00228 Lori Howard (Masen)
• 10 Shay Place
Tequesta FL 33469
Special Master Hearing
December 6, 2007
Page 3
Violation: Dogs Running at Large
Chapter 10 Article II Section 10-34
PC N : 60-42-40-25-00-000-5280
The Respondent, Lori Howard, was present at the hearing and there was a finding of
proper notice. The Tequesta Code Enforcement Officer testified to the violation.
Conclusion of law was that Respondent, Lori Howard, was, but is no longer in violation
of Chapter 10, Article II, Section 10-34 of the Code of Ordinances of the Village of
Tequesta.
Special Master Lara Donlon ordered that Respondent Lori Howard shall continue to
comply with Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village
of Tequesta.
Respondent Lori Howard shall be assessed $324.21 for administrative costs to be paid
by June 5, 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. 2007-00246 Frank Merola
112 Fairview West
Tequesta FL 33469
Violation: Prohibited Conditions
Chapter 30 Article II Section 30-33
PCN: 60-42-40-26-01-000-510
The Respondent, Frank Merola, was not present at the hearing; however, there was a
finding of proper no#ice. The Tequesta Code Enforcement Officer testified to and
produced photos of the repeat violation.
Conclusion of law was that Respondent, Frank Merola, is in repeat violation of Chapter
30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Lara Donlon ordered that Respondent Frank Merola shall immediately
comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village
• of Tequesta.
Special Master Hearing
December 6, 2007
Page 4
A fine of $100.00 per day is hereby assessed for the repeat violation that has existed.
The fine is imposed beginning November 14, 2007 and will continue to accrue at
$100.00 per day for each day the violation continues to exist.
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. 2007-002010 Michael J. Ventura
359 Franklin Road
Tequesta FL 33469
Violation: Prohibited Conditions
Chapter 30 Article II Section 30-33
PCN: 60-42-40-25-06-032-0100
The Respondent, Michael J. Ventura, was not present at the hearing; however, there
was a finding of proper notice. The Tequesta Code Enforcement Officer tested to and
produced photos of the violation. The Code Officer testified that the property was
brought into compliance on November 9, 2007.
Conclusion of law was that Respondent, Michael J. Ventura, was, but is no longer, in
violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village
of Tequesta.
Special Master Lara Donlon ordered that Respondent Michael J. Ventura shall continue
to comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the
Village of Tequesta.
Respondent shall be assessed $324.42 for administrative costs to be paid by the 16tH
day of December 2007.
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.
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 Chapter 162, Florida Statutes, for the
original amount.
' Special Master Hearing
December 6, 2007
Page 5
Case No. 2007-00230
Daryl) Boris
261 Golfview Drive
Tequesta FL 33469
Violation: Temporary Structures
Chapter 78 Article IX Section 78-612
PCN: 60-42-40-26-01-000-3781
The Respondent, Daryl) Boris, was not present at the hearing; however, there was a
finding of proper notice. The Tequesta Code Enforcement Officer testified to and
produced photos of the violation. The Code Officer testified that the property came into
compliance on November 20, 2007.
Conclusion of law was that Respondent, Daryl) Boris, was, but is no longer in violation
of Chapter 78, Article IX, Section 78-612 of the Code of Ordinances of the Village of
Tequesta.
Special Master Lara Donlon ordered that Respondent Daryl) Boris shall continue to
• comply with Chapter78 Article IX Section 78-612 of the Code of Ordinances of the
Village of Tequesta.
Respondent shall be assessed $204.42 for administrative costs to be paid by the 16tH
day of December, 2007.
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.
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. 2007-00240 Action Vacuum
Leo Peravia
267 US HWY 1
Tequesta FL 33469
Violation: Operating a business W10 a
• Tax Receipt
Chapter 70 Article II Section 70-43
' Special Master Hearing
December 6, 2007
Page 6
PC N : 60-43-40-30 -05-000-0901
(Cohen LLC copied on violation)
The Respondent, Action Vacuum/Leo Peravia, was not present at the hearing; however,
there was a finding of proper notice. The Tequesta Code Enforcement Officer testified
to the violation. The Cade Officer testified that the Respondent complied on November
26, 2007, and that the Respondent paid the statutory penalty.
Conclusion of law was that Respondent, Action Vacuum/Leo Peravia, was, but is no
longer in violation of Chapter 70, Article II, Section 70-43 of the Code of Ordinances of
the Village of Tequesta.
Special Master Lara Donlon ordered that Respondent Action Vacuum/Leo Peravia, shall
continue to comply with Chapter 70 Article II Section 70-43 of the Code of Ordinances
of the Village of Tequesta.
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. 2007-00236 Jupiter-Tequesta Florist
Cynthia Creed
271 US HWY 1
Tequesta FL 33469
Violation: Operating a business W/O a Tax
Receipt
Chapter 70 Article II Section 70-43
PCN : 60,43-40-30-05-000-0901
(Cohen LLC copiied on violation)
The Respondent, Cynthia Creed, was present at the hearing and there was a finding of
proper notice. The Tequesta Code Enforcement Officer testified to the violation. The
Code Officer testified that the Respondent was in compliance.
Conclusion of law was that Respondent, Jupiter-Tequesta Florist/Cynthia Creed, was,
but is no longer in violation of Chapter 70, Article II, Section 703 of the Code of
Ordinances of the Village of Tequesta.
•
' Special Master Hearing
December 6, 2007
Page 7
Special Master Lara Donlon ordered that Respondent Jupiter-Tequesta Florist/Cynthia
Creed, shall continue to comply with Chapter 70 Article II Section 70-43 of the Code of
Ordinances of the Village of Tequesta.
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. 2007-00242 Robert Camp
400 Cypress Drive #5
Tequesta FL 33469
Violation: Operating a business W/O a Tax
Receipt
Chapter 70 Article li Section 70-43
PC N : 60-43-40-30-57-001-0050
• The Respondent, Robert Camp, was not present at the hearing; however, there was a
finding of proper notice. The Tequesta Code Enforcement Officer testified to the
violation
Conclusion of law was that Respondent, Robert Camp, is in violation of Chapter 70,
Article tl, Section 70-43 of the Code of Ordinances of the Village of Tequesta.
Special Master Lara Donlon ordered that Respondent Robert Camp, shall comply with
Chapter 70 Article II Section 70-43 of the Code of Ordinances of the Village of Tequesta
by 5:00 p.m. on the 7t" day of December, 2007 by showing tax receipt and paying the
statutory penalty
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. 2007-00241 Richard Morie
400 Cypress Drive #6
Tequesta FL 33469
• Violation: Operating a business W/O a Tax
Receipt
' Special Master Hearing
December 6, 2007
Page 8
Chapter 70 Article II Section 70-43
PCN: 60-43-40-30-57-001-0060
The Respondent, Richard Morie, was not present at the hearing; however, there was a
finding of proper notice. The Tequesta Code Enforcement Officer testified to the
violation
Conclusion of law was that Respondent, Richard Morie, is in violation of Chapter 70,
Article Il, Section 70-43 of the Code of Ordinances of the Village of Tequesta.
Special Master Lara Donlon ordered that Respondent Richard Morie, shall comply with
Chapter 70 Article II Section 70-43 of the Code of Ordinances of the Village of Tequesta
by 5:00 p.m. on the 11th day of December, 2007 by obtaining a business tax receipt and
paying the statutory penalty
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 Stafutes, for the
• original amount.
Case No. 2007-00243 Meyer IV LLC
Jeff Meyer
400 Cypress Drive #20
Tequesta FL 33469
Violation: Operating a business W/O a Tax
Receipt
Chapter 70 Article II Section 70-43
PCN: 603-40-30-57-002-0200
The Respondent, Meyer IV, LLC/Jeff Meyer, was not present at the hearing; however,
there was a finding of proper notice. The Tequesta Code En#orcement Officer testified
to the violation. The Code Officer testified that the Respondent complied on December
6, 2007, by paying the business tax and statutory penalty.
Conclusion of law was that Respondent, Meyer IV, LLC/Jeff Meyer, was, but is no
longer in violation of Chapter 70, Article II, Section 70-43 of the Code of Ordinances of
the Village of Tequesta.
Special Master Lara Donlon ordered that Respondent Meyer IV, LLC/Jeff Meyer, shall
• continue to comply with Chapter 70 Article II Section 703 0# the Code of Ordinances
of the Village of Tequesta.
' Special Master Hearing
December 6, 2007
Page 9
A certified copy of this Order may be recorded in the Public Records of Paim 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. 2007-00162 Palm Corp INC, WRB LLC, William Bell
Construction, Louis Stollman, Bud Palmeri,
William Bell
400 Cypress Drive
Tequesta FL 33469
Violation: Florida Building Codes Adopted
Chapter 14 Article II Section 14-31
Building Code(s) Chapter 1 Section 110
(Certificate of Occupancy)
PCN: 60-43-40-30-57-001-0010
• The Respondent, Palm Corp Inc., WRB LLC, William Bell Construction, Louis Stollman,
Bud Palmeri, and William Bell, were represented at the hearing by Attorney Donald
Brooks. There was a finding of proper notice. The Tequesta Code Enforcement
Officer testified to and produced photographs of the alleged violation. The Village did
not object to dismissal of the violations against Louis Stollman, Bud Palmeri, and
William Bell, individually, as requested by Respondent's attorney.
Conclusion of law was that Respondents, Palm Corp Inc. and William Bell Construction,
are in violation of Florida Building Codes Adapted Chapter 14, Article II Section 14-31
and Building Code(s) Chapter 1, Section 110, of the Code of Ordinances of the Village
of Tequesta.
Special Master Lara Donlon ordered that Respondents, Palm Corp Inc. and William Bell
Construction, shall comply with Florida Building Codes Adopted Chapter 14, Article II
Section 14-31 and Building Code(s~ Chapter 1, Section 110, of the Code of Ordinances
of the Village of Tequesta by the 5t day of January, 2008.
If Respondents do not comply within the time specified, Respondents shall be assessed
a fine of up to $250.00 per day until the property is in full compliance.
A Fine Assessment Hearing will be held before the Special Magistrate on the 24th day of
January, 2008, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345
• Tequesta Drive, Tequesta, Florida.
' Special Master Hearing
December 6, 2007
Page 10
Respondents, Palm Corp Inc. and William Bell Construction, shall be assessed
$3,072.78 for administrative costs to be paid by the 5th day of January, 2008.
The Village and WRB, LLC., shall submit briefs on or before the 5th day of January,
2008, regarding the issue of whether WRB, LLC., is a proper party and responsible for
correcting the violation.
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.
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.
• Fine Reduction Hearings
None
Foreclosure Authorization(s)
None
Adjournment
There being no further cases, the meeting was adjourned at 1:17 p.m.
Respectfully submitted,
~~~,~~
Betty Laur
Recording Secretary
•
' Special Master Hearing
December 6, 2007
Page 11
ATTEST:
Cod nforcement Officer
AP
aster
•
~~ lob
Date Approved
•