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HomeMy WebLinkAboutMinutes_Special Master_03/22/2007• VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES March 22, 2007 PRESENT: Special Master Lara Donlon; Code Enforcement Officer 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 February 22, 2007 Special Master Hearing as submitted. • The following case was heard before the Special Master at the February 22, 2007 hearing: Case 2006-00124 listed as Order Pending on Minutes of February 22, 2007 meeting; Order now received: Case No. 2006-00124 Vincent J. Arena, III Location of Violation: 463 Tequesta Drive, Tequesta, Florida 33469 Re: Violation of Chapter 78, Article IX, Sec. 78- 643 of the Code of Ordinances of the Village of Tequesta The Special Master issued the following findings of fact and analysis: Respondent was issued a Notice of Violation on January 19, 2007, for Violation of Section 78-643, regarding R-1, R-2, and R-3 Districts. The Notice of Violation indicated the manner to comply was to "remove or properly screen boats to ordinance." The Notice of Violation gave Respondent five days to comply. A Notice of Hearing was issued on January 31, 2007 for continued violation of Section 78-643 of the Code of Ordinances. The Notice of Hearing indicated the manner to comply was to "remove or properly screen boats to ordinance." • • Special Master Hearing March 22, 2007 Page 2 The Respondent, Vincent J. Arena III, was present at the hearing, and represented by Attorney Thomas Ryan. There was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation and copies of the ordinance. The Code Officer also produced other documentary evidence. The Respondent, by and through his counsel, introduced evidence of prior public meetings discussing issues with boats and other documentary evidence. Section 78- 643(2) of the Village of Tequesta Code of Ordinance provides that boats on trailers shall be parked in the "rear yard" or in the "side yard" to the rear of a line established by the front building line adjacent to the "side yards where the equipment is located; provided, however, that such equipment is effectively screened on three sides against direct view from abutting properties. Subsection (8) provides that the boats on trailers may not be parked in the area between the street lot line and the structure or in the right-of--way in front of the structure. The subject property is a corner lot. As defined by Section 78-4, a corner lot is a lot abutting two or more streets at their intersection. The subject property abuts Tequesta Drive and Dover Road at their intersection. • Section 78-643(20 provides that boats on trailers must be parked in the rear yard or in the side yard to the rear of a line established by the front building line adjacent to the side yard where the equipment is located. Subsection (2) further provides that the equipment must be effectively screened on three sides against direct view from abuttin properties. The °rear yard" is defined in Section 78-4 as the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building. 9 The "side yard" is defined in Section 78~ as the open space between the main building and the side lot line, extending from the front yard t6o the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. If one were only to consider Section 78-643(2), the ordinance provides that the equipment at issue could be parked in either the rear or the side yard, so long as the equipment were effectively screened on three sides. By excluding the only other type of yard from the permissible parking areas, a front yard, it is equally clear that the equipment could not be parked in a front yard. The parties debated whether the area where the subject equipment is parked is to be • considered a "side yard" or a front yard", based upon the property's status as a corner lot, and presented argument by counsel on the issue. Because the remaining • Special Master Hearing March 22, 2007 Page 3 prohibitions in Section 78-643 specifically address the alleged violation, I need not reach the issue of whether the equipment is parked in a side or front yard. All parts of a statute must be read together in order to achieve a consistent whole. Borden v. Eas#-European Ins. Co., 921 So. 2d 587 (Fla. 2006). The same rules of construction for state statutes apply in cons#ruction of local ordinances. Powell v. City of Delray Beach, 711 So, 2d 1307 (Fla. 4th DCA 1998). The undisputed facts presented show that the subject equipment is parked on the West side of the property between Dover Road and the structure. Section 78-643(8) provides that such equipment cannot be parked "in the area between the street lot line and the structure or in the right-of--way in front of the structure". An ordinance should be given its plain and obvious meaning. Powell, 711 So. 2d 1307 (Fla. 4th DCA 1998). The street line is defined in section 78-4 as "the line between the street and abutting property, also referred to as right-of--way line." A "lot line, street" is defined as the street line separating such lot from such street and, in the case of a double frontage lot, each • street line separating such lot from a street shall be considered to be the front lot line." In the instant case, the relevant street lot line is the line between Mr. Arena's property and Dover Road. For the purposes of this analysis, it is irrelevant whether the street lot line between the subject property and Dover Road is considered a front lot line or a side lot Erne. Based upon the limitations of section 78-643(8), a property owner is not permitted to park the equipment between the street lot line and the structure, regardless of whether the area between the structure is considered a front yard or a side yard. The photographs and undisputed testimony clearly demonstrate that the subject equipment was parked between the house and Dover Road in violation of Section 78- 643{$). Notably, Section 78-643 does not contain any alternative screening requirements for equipment parked in such a manner as it is strictly prohibited by Subsection (8). Conclusion of Law was that Respondent, Vincent J. Arena 111, is in 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, Vincent J. Arena, III, shall comply with Chapter 78, Article IX, Section 78-643 of the Code of Ordinances of the Village of • Tequesta by the 20th day of April, 2007. • Special Master Hearing March 22, 2007 Page 4 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 24th 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 $158.78 for administrative costs to be paid by the 20th 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. The Special Master heard the following cases on March 22, 2007: 1) Case No: 2-007-00018 Susan Anderson Location of Violation: 3 Pine Tree Circle, Tequesta, Florida 33469 Ordinance Description: R-1, R-2, R-3 Districts Boat Remains Parked Chap: 78-612, Art. IX, Sec. 78-643 PCN # 60-42-40-25-09-000-0410 The Respondent, Susan Anderson, 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. Conclusion of law was that Respondent, Susan Anderson, was, but is no longer, in violation of Chapter 78-612, Article IX, Section 78-643, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent Susan Anderson shall continue to comply • with Chapter 78-612, Article lX, Section 78-643, of the Code of Ordinances of the • Special Master Hearing March 22, 2007 Page 5 Village of Tequesta. Respondent shall be assessed $147.63 for administrative costs to be paid by the 2"d 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. 2.) Case No. 2007-00042 Michael Vassalo Location of Violation: 100 Waterway Rd, #307-E Tequesta, Florida 33469 Ordinance Description: Mechanical Permit Chap. 14, Art. IV, Sec. 14-155 • No Mechanical Permit PCN # 60-43-40-30-15-005-3070 The Respondent, Michael Vassalo, 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. Catherine- Harding, Director of Community Development for the Village, testified to the violation at the hearing. Conclusion of law was that Respondent, Michael Vassalo, is in violation of Chapter 14, Article IV, Section 14-155, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent Michael Vassalo shall comply with Chapter 14, Article IV, Section 14-155, of the Code of Ordinances of the Village of Tequesta on or before the 23rd 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 24th 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 $249.27 for administrative costs to be paid by the 1st • day of April, 2007. • Special Master Hearing March 22, 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. 3) Case No. 2007-00033 Advanced Hormone Replacement Location of Violation: 141 Intracoastal Circle Tequesta, Florida 33469 Ordinance Description: No Business License (Tax) Chap. 70, Art. II, Sec. 703 No Business License (Tax) PCN # 60-43-40-30-39-000-0191 i The Respondent, Advanced Hormone Replacement, was not present at the hearing, however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the violation. The Code Enforcement Officer testified that the Respondent complied with the violation on March 20, 2007. Conclusion of law was that Respondent 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. The Special Master ordered that Respondent, Advanced Hormone Replacement, shall continue to comply with Chapter 70, Article II, Section 70-43, of the Code of Ordinances of the Village of Tequesta. Respondent was assessed $120.63for administrative costs, which were paid on March $120.63 by Respondent. 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. • Special Master Hearing March 22, 2007 Page 7 4) Case No. 2007-00024 Metro PCS Location of Violation: 111 U.S. Highway One Tequesta, Florida 33469 Ordinance Description: Signs Prohibitions Chap. 78, Art. XI, Sec. 78-745 Prohibited Signs PCN # 60-43-40-30-00-003-0050 The Respondents, Metro PCS and Island Southeast Tequesta, LLC, were not present at the hearing, however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the violation. The Code Enforcement Officer testified that the property was brought into compliance on March 7, 2007. Conclusion of law was that Respondents were, but are no longer, in violation of Chapter 78, Article XI, Section 78-745, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondents, Metro PCS and Island Southeast • Tequesta, LLC, shall continue to comply with Chapter 78, Article XI, Section 78-745, of the Code of Ordinances of the Village of Tequesta. Future violations of the aforementioned code sections may be considered a repea# 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) Case No. 2007-00010 Roca Kay-Lynette Location of Violation: 285 Golfview Drive Tequesta, Florida 33469 Ordinance Description: RIA Parking Chap. 78, Art. IX, Sec. 78-644 RIA Parking PCN # 60-42-40-26-01-000-3840 • • Special Master Hearing March 22, 2007 Page 8 The Respondent, Roca Kay-Lynette, was represented at the hearing by Attorney Rafael Roca. There was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced CAD reports regarding the violation. Conclusion of law was that Respondent was, but is no longer, in violation of Chapter 78, Article lX, Section 78-644, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent, Kay Lynette-Roca, 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 $256.63 for administrative costs, to be paid by April 1, 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 upan any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. 6) Case No. 2007-00036 Engine Factory Location of Violation: 308 Tequesta Dr., #23 Tequesta, Florida 33469 Ordinance Description: No Business License (Tax) Chap. 70, Art. II, Sec. 70-43 No Business License (Tax) PCN # 60+43-43-30-03-002-0010 This case was not heard. 7) Case No.2007-00027 Ronald W. Brown Location of Violation: 371 Evergreen Avenue Tegeusta, Florida 33469 Ordinance Description: Prohibited Conditions Chap. 30, Art. II, Sec. 30-33 • Prohibited Property Conditions PCN # 60-42-40-25-06-021-0060 • Special Master Hearing March 22, 2007 Page 9 This case was withdrawn by the Tequesta Code Enforcement Officer. 8) Case No. 2007-00004 SBB Holdings LLC Location of Violation: 387 Evergreen Ave. Tequesta, Florida 33469 Ordinance Description: R-1, R-2, R-3 Parking Chap. 78, Art. IX, Sec. 78-643 R-1, R-2, R-3 Parking PCN # 60-42-40-25-06-017-0080 This case was withdrawn by the Tequesta Code Enforcement Officer. 9) Case No. 2007-00066 Kirk Bielski Location of Violation: 454 Dover Road Tequesta, Florida 33469 Ordinance Description: R-1, R-2, R-3 Districts Chap. 78, Art. IX, Sec. 78-643 R-1, R-2, R-3 Parking • PCN # 60-42-40-25-06-015-0170 The Respondent, Kirk Bielski, was present at the hearing and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the repeat violation on March 3, 2007 and March 8, 2007 and produced CAD reports. The Code Office testified that the property was brought into compliance on March 8, 2007. Conclusion of law was that Respondent was, but is no longer, in 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, Kay Lynette-Roca, shall continue to comply with Chapter 78, Article IX, Section 78-643, of the Code of Ordinances of the Village of Tequesta. A total fine of $500.00 is hereby assessed for the violation that existed. This fine is imposed for the period of March 3, 2007 and March 8, 2007 and shall be paid by the 21 gc day of May, 2007. Respondent shall be assessed $270.63 for administrative costs, to be paid by May 21, 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 • Special Master Hearing March 22, 2007 Page 10 property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. 10) Case No. 2007-0005 Leo Arroyo Location of Violation: 470 Tequesta Drive Tequesta, Florida 33469 Ordinance Description: Site Requirements Chap. 78, Art. ll, Sec. 78-143 Site Requirements Setbacks PCN # 60-42-40-25-06-015-0040 This case was withdrawn by the Teques#a Code Enforcement Officer. 11) Case No. 2007-000156 Beatrice Sallabi Location of Violation: 34 Chestnut Trail Tequesta, Florida 33469 Ordinance Violation: Walls and Fences Chap. 78, Art. IX, Sec. 78-284 Walls and Fences • PCN # 60-420-25-25-000-1010 The Respondent, Beatrice Sallabi, 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. Conclusion of law was that Respondent, Beatrice Sallabi, is 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 shalt comply with Chapter 78, Article IX, Section 78-284, of the Code of Ordinances of the Village of Tequesta on or before the 21st 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 24th 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 $183.63 for administrative costs to be paid by the 1st day of April, 2007. c: Special Master Hearing March 22, 2007 Page 11 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. C. Adjournment There being no further cases, the meeting was adjourned at 11:15 a.m.. Respectfully submitted, • ATTEST: ode Enforcement Officer APP Special Betty Laur Recording Secretary y~~ ~ Approved r: