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Home My WebLink AboutMinutes_Special Master_04/19/2007• VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES Apri119, 2007 PRESENT: Special Master Lara Donlon; Code Enforcement Officer Joe Petrick, and Acting Recording Secretary Sharifa Tharpe The hearing was called to order at 10:02 A.M. Code Enforcement Special Master Donlon approved the minutes of the March 22, 2007 Special Master Hearing as submitted. The following cases were heard by the Special Master: • 1) Case No. 2006-00355 Veronica Mancuso Location of Violation: 67 Yacht Club Place Tequesta, Florida 33469 Ordinance Description: R1A Parking Violation Chap: 78, Art. IX, Sec. 78-644 PCN # 60-42-40-26-01-000-5090 The Respondent, Veronica Mancuso, was represented at the hearing by Robert Mancuso, and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced CAD reports of the violation. Mr. Mancuso testified and produced receipts. Conclusion of law was that Respondent, Veronica Mancuso, was, but is no longer, in violation of Chapter 78, Article IX, Section 78-644, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent Veronica Mancuso shall continue to comply with Chapter 78, Article IX, Section 78-644, of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed $194.68 for administrative costs to be paid by the 29th day of April, 2007. • • Special Master Hearing April 19, 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 viola#ion 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. 2) Case No. 2007-00071 (a) Robert Miller Location of Violation: 80 Willow Road Tequesta, Florida 33469 Ordinance Description: Animals Creating Nuisance Chap. 10, Art. I, Sec. 10-8 PCN # 60-43-40-30-06-000-0760 • (b) Robert Miller Location of Violation: 80 Willow Road Tequesta, Florida 33469 Ordinance Description: Prohibited Conditions Chap. 30, Art. 11, Sec. 30-33 PCN # 60-43-40-30-06-000-0760 c) Robert Miller Location of Violation: 80 Willow Road Ordinance Description: Restricted Parking Chap. 78, Art. IX, Sec. 78-642 PCN # -same as above The Respondent, Robert Miller, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation, along with affidavits from the neighbors. Conclusion of law was that Respondent, Robert Miller, was, but is no longer, in violation of Chapter 10, Art. I, Sec. 10-8 and Chapter 78, Article IX, Section 78-642, but remains in violation of Chapter 30, Art. 11, Sec. 30-33, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent Robert Miller shall continue to comply with • Chapter 10, Art. I, Sec. 10-8 and Chapter 78, Article IX, Section 78-642, of the Code of • Special Master Hearing April 19, 2007 Page 3 Ordinances of the Village of Tequesta. The Special Master further ordered that Respondent Robert Miller shall comply with Chapter 30, Article II, Section 30-33, of the Code of Ordinances of the Village of Tequesta by the 19t" day of May, 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 24t" day of May, 2007 at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $138.68 for administrative costs to be paid by the 29th day of April, 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, FloRda Statutes, for the original amount. 3) Case No. 2007-00074 Richard & Theresa Kozell Location of Violation: 119 Point Circle Tequesta, Florida 33469 Ordinance Description: Prohibited Conditions Chap. 30, Art. II, Sec. 30-33 PCN # 60-42-40-26-01-000-0322 The Respondent, Theresa Kozell, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation. Catherine Harding, the Director of Community Development for the Village, also testified at the hearing. Respondent testified and produced photos at the hearing. Conclusion of law was that Respondents, Richard and Theresa Kozell, are 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 Respondents Richard and Theresa Kozell shall comply • with Chapter 30, Article II, Section 30-33, of the Code of Ordinances of the Village of Tequesta by the 18~' day of July, 2007. If Respondents do not comply within the time Special Master Hearing April 19, 2007 Page 4 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 Mas#er on the 26th day of July, 2007, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $510.68 for administrative casts to be paid by the 29th day of April, 2007. 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. 4) Case No. 2006-00057 Ronald & Susan Saunders Location of Violation: 268 River Drive • Tequesta, Florida 33469 Ordinance Description: Walls and Fences Chap. 78, Art. IX, Sec. 78-284 PCN # 60-42-40-26-01-000-3890 The Respondent, Susan Saunders, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced pho#ographs of the violation. Conclusion of law was that Respondents, Ronald and Susan Saunders, are 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 Respondents Ronald and Susan Saunders shall comply with Chapter 78, Article IX, Section 78-284, of the Code of Ordinances of the Village of Tequesta by the 19th day of May, 2007. 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 Master on the 24th day of May, 2007, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. U • Special Master Hearing April 19, 2007 Page 5 Respondents shall be assessed $164.68 for administrative costs to be paid by the 29th day of April, 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. 5 J Case No. 2007-00017 Mobil Oil Corporation 764 N. U.S. Highway One Tequesta, Florida 33469 Ordinance Description: Prohibited Conditions Chap. 30, Art. II, Sec. 30-33 PCN # 60-43-40-30-00-001-0160 • The Respondent, Mobil Oil Corporation, was represented at the hearing by William Sampson, Local Supervisor and Neal Milagno, Store Manager. There was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation, and produced electronic mail correspondence. William Sampson testified at the hearing. Conclusion of law was that Respondent, Mobil Oil Corporation, is 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 Mobi! Oil Corporation shall comply with Chapter 30, Article II, Section 30-33, of the Code of Ordinances of the Village of Tequesta by the 29~' day of May, 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 28~' day of June, 2007, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $339.96 for administrative costs to be paid by the 29th day of April, 2007. • Special Master Hearing April 19, 2007 Page 6 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. 6) Case No.2007-0079 David Kyte Location of Violation: 229 Golf Club Circle Tequesta, Florida 33469 Ordinance Description: RIA Parking Chap. 78, Art. IX, Sec. 78-644 PCN # 60-42-40-26-01-000-1850 The Respondent, David Kyle, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the repeat • violation, which occurred on March 7, 2007 and produced a CAD report. The Code Officer testified that the Respondent brought the property into compliance on March 8, 2007. Conclusion of law was that Respondent, David Kyle, was, but is no longer, in repeat violation of Chapter 78, Article IX, Section 78-644, of the Code of Ordinances of the Village of Tequesta. The Special Master 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 $250.00 is hereby assessed for the violation that existed on March 7, 2007. Respondent shall be assessed $170.68 for administrative costs to be paid by the 29th day of April, 2007. 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. 7) Case No. 2007-0004 SBB Holdings, Inc. 15 Bay Harbor Road • Tequesta, Florida 33469 • Special Master Hearing April 19, 2007 Page 7 Ordinance Description: R1, R2, R3 Parking Violation Chap. 78, Art. IX, Sec. 78-643 PCN # 60-42-40-25-06-017-0080 This case was withdrawn by the Village. 8) Case No. 2007-00076 John S. Brown Jr. 435 Tequesta Drive Tequesta, Florida 33469 Ordinance Description: Ra Parking District Chap. 78, Art. IX, Sec. 78-643 PCN # 60-42-40-25-06-018-0090 The Respondent, John S. Brown, Jr., was not present at the hearing; however, there was a finding of proper notice. Frank Smith, a roommate, appeared to testify. The Tequesta Code Enforcement Officer testified to and produced a CAD report of the violation. The Code Officer testified that the property was brought into compliance on March 19, 2007. • Conclusion of law was that Respondent, John S. Brown, Jr., was, but is no longer, in repeat violation of Chapter 78, Article IX, Section 78-643, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent John S. Brown, Jr., shall continue to comply with Chapter 78, Article IX, Section 78-643, of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed $186.68 for administrative costs to be paid by the 29th day of April, 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 properly 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. Adjournment • There being no further cases, the meeting was adjourned at 12:19 p.m. • Special Master Hearing April 19, 2007 Page 8 Respectfully submitted, ~~ / ~' ~~~ ~~~ Sharifa Tharpe Acting Recording Secretary ATTEST: Officer APP y Special Master • Date Approved •