HomeMy WebLinkAboutMinutes_Special Master_02/22/2007•
VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
February 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 January 25,
2006 Special Master Hearing as submitted.
• The following cases were heard before the Special Master:
Pending Case:
CASE NO. 2006-00124, VINCENT J. ARENA III, VIOLATION OF R1 PARKING,
LOCATION OF VIOLATION 452 TEQUESTA DRIVE: ORDER PENDING.
Case No. 2006-00336 Tequesta Palms/Cologne Motel
Location of Violation: 220 U.S.
Highway One
Tequesta, FL 33469
Legal Description: 30-40-43, SLY 100
FT OF NLY 1152.38 FT OF ELY 352.19
FT OF GOV LT 2 LYG W OF ADDL SR
5 R/W
Violation of Chapter 14. Art. VI, Sec.
14-152, Pages CD 14:5
The Respondent, Tequesta Palms/Cologne Motel, was not present at the
• hearing; however, there was a finding of proper notice. The Tequesta Code
Special Master Hearing
February 22, 2007
Page 2
Enforcement Officer testified to the ongoing violation and that the property
came into compliance on February 14, 2007.
Conclusion of law was that Respondent, Tequesta Palms/Cologne Motel, was,
but is no longer, in violation of Chapter 14, Art. VI, Sec. 14-152, Pages CD
14:5 of the Code of Ordinances of the Village of Tequesta.
Special Master Donlon ordered that Respondent, Tequesta Palms/Cologne
Motel, shall continue to comply with Chapter 14, Art. VI, Sec. 14-152, Pages
CD 14:5 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 per day may be imposed
beginning on the date the violation begins.
Case No. 2006-00084 Jeff Gelman
801 U.S. Hwy One
Tequesta, FL 33469
• Ordinance Description: Parking
(Other Uses) Chap: 78-612; Art. IX
(10) PCN: 60-43-40-30-02-003-0010
Ordinance Description: Removal of
Prohibited Materials
Chapter 30-113, Art. IV (2)
PCN : 60-43-40-30-02-003-0010
The Respondent, Jeff Gelman, was not present at the hearing; however, there
was a finding of proper notice. The Tequesta Code Enforcement Officer
testified to the repeat violation and produced a contract with the towing
company showing the property came into compliance on February 14, 2007.
Conclusion of law was Respondent, Jeff Gelman, was, but is no longer, in
violation of Chapter 78-612 of the Code of Ordinances of the Village of
Tequesta.
Special Master Donlon ordered that Respondent, Jeff Gelman, shall continue
to comply with Section 78-612 of the Code of Ordinances of the Village of
Tequesta.
C:
• Special Master Hearing
February 22, 2007
Page 3
•
•
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.
Case No. 2006-00350
Anthony Stumpp
80 Yacht Club Drive
Tequesta, FL 33469
Code Violation: RIA Parking
Chapter 78, Article IX, Section 78-644
The Respondent, Anthony Stumpp, was not present at the hearing; however,
there was a finding of proper notice. The Tequesta Code Enforcement Officer
testified to the repeat violation and produced CAD reports.
Conclusion of law was Respondent, Anthony Stumpp, is in repeat violation of
Chapter 78, Article 1X, Sec. 78-644 of the Code of Ordinances of the Village of
Tequesta.
Special Master Donlon ordered that Respondent, Anthony Stumpp, shall
comply with Chapter 78, Article 1X, Sec. 78-644 of the Code of Ordinances of
the Village of Tequesta. A fine of $1,500.00 is hereby assessed for the
violation that existed. Respondent shall be assessed $209.78 for
administrative costs to be paid by the 28t" day of February 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.
Case No. 2006-00338
Frank Tarplee
364 Cypress Drive
Tequesta, FL 33469
PCN: 60-43-40-30-03-001-0030
Violation of International Building
Code 303.2 and 303.7 and Section 30-
33 of the Code of Ordinances of the
Village of Tequesta
• Special Master Hearing
February 22, 2007
Page 4
The Respondent, Dr. Frank Tarplee, 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 ongoing violation. The Code
Officer also testified that the property came into compliance on February 14,
2007.
Conclusion of law was Respondent, Dr. Frank Tarplee, was, but is no longer in
violation of International Building Code 303.2 and 303.7 of the Code of
Ordinances of the Village of Tequesta. The Special Master ordered that
Respondent, Dr. Frank Tarplee, shall continue to immediately comply with
International Building Code 303.2 and 303.7 and Section 30-33 of the Code of
Ordinances of the Village of Tequesta.
Case No. 2006-00344 John McCaffrey
454 Tequesta Drive
Tequesta, FL 33469
Ordinance Description: R1, R2, R3
• Districts Parking Chap: 78-643, Art.
IX PCN: 60-42-40-25-06-022-0010
Ordinance Description: Prohibited
Conditions
Chapter 30, Art. 1, Sec 30-33
The Respondent, John McCaffrey, 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. The Code Officer also
testified that the property was brought into compliance on February 12, 2007.
Conclusion of law was Respondent, John McCaffrey, was but is no longer in
violation of Section 78-643, Art. IX and Chap. 30-33 of the Code of Ordinances
of the Village of Tequesta.
Special Master Donlon ordered that Respondent, John McCaffrey, shall
continue to comply with Section 78-643, Art. IX and Chap. 30, Art. I, Sec. 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.
• Special Master Hearing
February 22, 2007
Page 5
Case No. 2006-00011 Darren Allfrey
15 River Drive
Tequesta, FL 33469
Violation: R-1A Parking, Chapter 78,
Article IX, Section 78-644,
The Respondent, Darren Allfrey, was not present at the hearing; however,
there was a finding of proper notice. The Tequesta Code Enforcement Officer
testified to the violation and produced CAD reports of the violation. The Code
Officer also testified that the property was brought into compliance after the
time provided in the Notice of Violation.
Conclusion of law was Respondent, Darren Allfrey, 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.
• Special Master Donlon 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. Respondent shall be assessed
$.160.78 for administrative costs to be paid by the 28th day of February, 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.
Case No. 2006-00345 Marianne C. Jarski
406 Tequesta Drive
Tequesta, FL 33469
Violation: Chapter 78, Article IX,
Section 78-289
.]
• Special Master Hearing
February 22, 2007
Page 6
The Respondent, Marianne C. Jarski, 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.
The Code Officer also testified that the property came into compliance on
January 23, 2007.
Conclusion of law was Respondent, Marianne C. Jarski, was, but is no longer
in violation of Chapter 78, Article IX, Section 78-289 of the Code of Ordinances
of the Village of Tequesta.
Special Master Donlon ordered that Respondent, Marianne C. Jarski, shall
continue to comply with Chapter 78, Article IX, Section 78-289, of the Code of
Ordinances of the Village of Tequesta. Respondent shall be assessed
$161.78 for administrative costs to be paid by the 28th day of February, 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.
Case No. 2006-00012 Classic Furnishings
223 U.S. Highway One
Tequesta, FL 33469
Violation of Chapter 34, Art. II, Sec.
34-63 of the Code of Ordinances of
the Village of Tequesta
The Respondent, Classic Furnishings, was not present at the hearing;
however, there was a finding of proper notice. The Tequesta Code
Enforcement Officer testified to and produced bills dated September 13, 2006
regarding the violation. The Code Officer also testified that Respondent
complied on February 9, 2007.
Conclusion of law was Respondent, Classic Furnishings, was, but is no longer
in violation of Chapter 34, Article II, Section 34-63 of the Code of Ordinances
• of the Village of Tequesta.
• Special Master Hearing
February 22, 2007
Page 7
Special Master Donlon ordered that Respondent, Classic Furnishings, shall
continue to comply with Chapter 34, Article II, Section 34-63, of the Code of
Ordinances of the Village of Tequesta. Respondent shall be assessed
$116.78 for administrative costs to be paid by the 28th day of February, 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.
Case No. 2006-00353 Peter Mollengarten
248 Fairway East
Tequesta, FL 33469
• PCN: 60-42-40-26-01-000-2180
Child Restraint Barrier
Chapter 78, Art IX (9), Sec. 78-585
The Respondent, Peter Mollengarten, was not present at the hearing;
however, there was a finding of proper notice. The Tequesta Code
Enforcement Officer testified to the ongoing violation. The Code Officer also
testified that the Village Contractor brought the property into compliance on
January 26, 2007. Respondent was billed $500.00 by the Village Contractor
and paid said sum on February 9, 2007.
Conclusion of law was Respondent, Peter Mollengarten, was, but is no longer
in violation of Chapter 78, Article IX (9), Section 30-331 of the Code of
Ordinances of the Village of Tequesta. Respondent is responsible for the
reimbursement of costs to the Village Contractor, which have already been
paid by Respondent.
Special Master Donlon ordered that Respondent, Peter Mollengarten, shall
continue to comply with Chapter 78, Article IX (9), Section 30-331, 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.
• Special Master Hearing
February 22, 2007
Page 8
There being no further cases, the meeting was adjourned.
Respectfully submitted,
~.
Betty Laur
Recording Secretary
ATTEST:
f"~~
Cod Enforcement Officer
APPROVED: / .~
Special Master
~ as v~
Date Approved
•