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Home My WebLink AboutMinutes_Special Master_06/26/2007• VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES July 26, 2007 PRESENT: Special Master Lara Donlon; Code Enforcement Officer Joe Petrick, and Recording Secretary Betty Laur The hearing was called to order at 10:02 A.M. Code Enforcement Special Master Donlon approved the minutes of the June 28, 2007 Special Master Hearing with one change on page 4 in the case of Mobile Oil Company to change from $100 to $200 the amount of the fine to accrue per day for each day the violation continues to exist, as shown on her order for this case. The following cases were heard by the Special Master: 1) Case No. 2007-00144 JMZ Properties Location of Violation: 1 Main Street Tequesta, Florida 33469 Ordinance Description: Abandoned Vehicles Chap. 30, Art. IX, Sec. 30-31 PCN # 60-43-40-30-47-004-0000 The respondent, JMZ Properties, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation, along with CAD reports. The Code Officer also testified that the property was brought into compliance on July 1, 2007. Conclusion of law was that Respondent, JMZ Properties, was, but is no longer, in violation of Chapter 30 Article 1X, Section 30-31 of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent JMZ Properties shall continue to comply with Chapter 30, Article 1X, Section 30-31 of the Code of Ordinances of the Village of Tequesta. The Respondent shall be assessed $248.57 for administrative costs, to be paid by the 5~' day of • August, 2007. • Special Master Hearing July 26, 2007 Page 2 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 awned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. 2) Case No. 2007-0011031 Tim Wonders Location of Violation: 3 Willow Raad Tequesta, Florida 33469 Ordinance Description: Fine Assessment PCN # 60-42-40-25-09-000-0600 The respondent, Tim Wonders, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified that the property was brought into compliance on July 24, 2007. • Conclusion of law was that Respondent, Tim Wonders, was, but is no longer, in violation of Sections 78-399, 78-693 and 78-643 of the Cade of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent Tim Wonders shall continue to comply with Sections 78-399, 78-693 and 78-64of the Code of Ordinances of the Village of Tequesta. 3) Case No. 2006-00156 Beatrice Sallabi Location of Violation: 34 Chestnut Trail Tequesta, Florida 33469 Ordinance Description: Fine Assessment Chap. 78, Art. IX, Sec. 78-284 PCN # 60-42-40-25-25-000-1010 The respondent, Beatrice Sallabi, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified and introduced photographs and a permit application. He also testified that the property was brought into compliance on July 17, 2007. Conclusion of law was that Respondent, Beatrice Sallabi, was, but is no longer, in violation of Chapter 78 Article IX, Section 78-284 of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent Beatrice Sallabi shall continue to comply with • Chapter 78 Article IX, Section 78-284 of the Code of Ordinances of the Village of Tequesta. A • Special Master Hearing July 26, 2007 Page 3 fine of $250.00 is hereby assessed for the violation that has existed. The total fine of $250.00 is impaled for the S7 days that the violation existed. The Respondent shall be assessed $184.57 for administrative costs to be paid immediately. 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 Chapterl62, Florida Statutes, for the original amount. 4) Case No. 2007-00137 The respondent, • of proper notice. of the violation. Ann Marie Batus Location of Violation: 39 Yacht Club Place Tequesta, Florida 33469 Ordinance Description: Building Permits Chap. 14, Art. VI, Sec. 14-152 FCN # 60-42-40-26-01-000-5850 Ann Marie Batus, was not present at the hearing; however, there was a finding The Tequesta Code Enforcement Officer testified to and produced photographs Conclusion of law was that Respondent, Ann Marie Batus, is in violation of Chapter 14 Article VI, Section 14-1 S2 of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent Ann Marie Batus shall comply with Chapter 14 Article VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta by paying for the $156A0 double permit and picking up the permit on or before the Sa' day ofAugust, 2007. If Respondent does not comply within the time specified, Respondent 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 Master on the 23rd day of August, 2007, at 10:00 a.m. at the Village of Tequesta, Cade Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $215.36 for administrative costs to be paid by the Sd' day of August, 2007. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of $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 • Special Master Hearing July 26, 2007 Page 4 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. 5) Case No. 2007-00074 Richard & Theresa Kozell Location of Violation: 119 Point Circle Tequesta, Florida 33469 Ordinance Description: Fine Assessment Hearing PCN # 60-42-40-26-01-000-0322 This case was withdrawn by the Village of Tequesta. 6) Case No. 2007-00136 Geza Sass Location of Violation: 121 Fairview East Tequesta, Florida 33469 Ordinance Description: Plumbing Permits Chapter 14, Art. VI, Sec. 14-153 PCN # 60-42-40-26-01-000-5410 This case was withdrawn by the Village of Tequesta. 7) Case No. 2007-(i01S3 John and Ann Fvnkey Location of Violation: 124 Fairview East Tequesta, Florida 33469 Ordinance Description: Child Restraint Barrier Chapter 78, Art. IX, Sec. 78-585 PCN # 60-42-40-26-01-400-4730 The respondent, Ann Funkey, was present at the hearing; and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photos of the violation. The Code Oi~icer also testified that the property was brought into compliance on July 24, 2007. Conclusion of law was that Respondents, John and Ann Funkey, were, but are no longer, in repeat violation of Chapter 78 Article IX, Section 78-585 of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondents John and Ann Funkey shall continue to comply with Chapter 78 Article IX, Section 78-585 of the Code of Ordinances of the Village of Tequesta. The Respondents shall be assessed $184.36 for administrative costs to be paid by the 5~' day of August, 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. . Special Master Hearing July 26, 2007 Page 5 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. 8) Case No. 2007-00145 John Isleib Location of Violation: 150 U.S. Highway One (Fashion Mall) Tequesta, Florida 33469 Ordinance Description: Prohibited Conditions Chap. 30, Art. II, Sec. 30-33 PCN # 60-43-40-30-00-003-0070 The respondent, John Isleb, was present at the hearing; and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs and plans of the violation. • Conclusion of law was that Respondent, John Isleib, is in violation of Chapter 30 Article II, Section 30-33 of the Cade of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent, John Isleib, shall comply with Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta by the 25 day of August, 2007. If Respondent does not comply within the time specified, Respondent 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 Master on the 27th day of September, 2007, at 10:00 a.m. at the Village of Tequesta, Cade Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $408.57 far administrative costs to be paid by the 25th day of August, 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 Recards 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. • 9) Case No. 2007-00162 PalmCorp Location of Violation: 400 Cypress Drive • Special Master Hearing July 26, 2007 Page 6 Tequesta, Florida 33469 Ordinance Description: Florida Building Cade Violation Chap. 14, Art. II, Sec. 14-31 PCN # 60-43-40-30-57-001-0010 It was announced that this case was removed from the agenda. 10) Case No. 2007-142 Roger Farber Location of Violation: 247 Fairway East Tequesta, Florida 33469 Ordinance Description: Irrigation (non-working) Chap. 78, Art. IX, Sec. 78-399 PCN # 60-42-40-26-01-000-2310 And Ordinance Description: Prohibited Conditions Chap. 30, Art II, Sec. 30-33 PCN # 60-42-40-26-01-000-2310 • The respondent, Roger Farber, was present at the hearing and there was a fording of proper notice. The Tequesta Code Enforcement Officer testified to and produced photos of the violation. Conclusion of law was that Respondent is in violation of Chapter 78 Article IX, Section 78-399 and Chapter 30 Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta.. The Special Master ordered that Respondent, Roger Farber, shall comply with Chapter 78 Article Ix, Section 78-399 and Chapter 30 Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta by the 2S~' day of August, 2007. If Respondent does not comply within the time specified, Respondent 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 Master on the 27~' day of September 2007 at 10 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. The Respondent shall be assessed $161.57 for administrative costs to be paid by the S~' day of August, 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 an the date the violation begins. C] • Special Master Hearing July 26, 2007 Page 7 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. 11) Case No. 2047-00(162 Don Campbell (County Line Plaza) Location of Violation: 716 U.S. Highway One Tequesta, Florida 33469 Ordinance Description: Status Hearing PCN # 60-43-40-30-00-001-0080 The Respondent, Don Campbell, was present at the hearing. A Fine Assessment Hearing will be held before the Special Master on the 23rd day of August 2007 at 10 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. 12) Case No. 2007-00017 Mobil Oil Corporation Location of Violation: 764 N. U.S. Highway One Tequesta, Florida 33469 • Ordinance Description: Fine Reduction Hearing PCN # 60-43-40-30-00-001-0160 The respondent, Mobile Oil Corporation, was represented at the hearing by Neal Maligno, Store Manager; and requested a reduction in fine. The parties agreed to a reduction in fine. Conclusion of law was that Respondent is no longer in violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent's, Mobil Oil Corporation, fine shall be reduced to $2,600.00 to be paid in full by the 25`" day of August, 2007, or the original fine of $5,200.00 shall be reinstated. Respondent shall be assessed $151.57 for administrative costs to be paid by the 25~` day of August 2007. Adjournment There being no further cases, the meeting was adjourned at 11:20 a.m. Respectfully submitted, • Betty Laur Recording Secretary • Special Master Hearing July 26, 2007 Page 8 ATTEST: ~~~ Co nforcement Officer • • Special Master Date Approved