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HomeMy WebLinkAboutMinutes_Special Master_01/25/2007• VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES January 25, 2007 C7 PRESENT: Special Master Lara Donlon; Code Enforcement Officer Joe Petrick, and Village Clerk Lori McWilliams The hearing was caked to order at 10:00 A.M. Code Enforcement Special Master Donlon approved the minutes of the December 6, 2006 Special Master Hearing as submitted. The following cases were heard before the Special Master: Gase No. 2006-00336 Tequesta Palms/Cologne Mo#el Location 4f 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 RIVU 14-152 -Building Permits 14-157 - Fees far Jobs without Building Permit The Respondent, Tequesta Palms/Cologne Motel, was represented at the hearing by Attorney Alfred LaSorte. There was a finding of proper notice. The Tequesta Cale Enforcement Officer testified and produced permits regarding the ongoing violation. • Conclusion of law was Respondent, Tequesta Palms/Cologne Motel, remains 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 Hearing January 25, 2007 Page 2 Special Master Donlon ordered that Respondent, Tequesta Palms/Cologne Motel, shall immediately comply with Chapter 14, Art. V{, Sec. 14-152, Pages CD 14:5 of the Code of Ordinances of the Village of Tequesta. A Fine Assessment Hearing will be held before the Special Master on the 22nd day of February, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $209.28 for administrative costs to be paid by the 9th day of February, 2007. A certified copy of this Order may be recorded in the Pub{ic 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 Chap#er 162, Florida Statutes, for the origins{ amount. • Case No. 2006-00084 Jeff Gelman 801 U.S. Hwy One Tequesta, FL 33469 Ordinance Descrip#ion: Parking (Otfier Uses) Chap: 78-612, Art. IX (10) PCN: 60-43-40-30-02-003-0010 Ordinance !?ascription: 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 and produced photographs of the violation. The Tequesta Code Enforcement Officer tested that the respondent came into compliance on December 18, 2006. Conclusion of law was Respondent, Jeff Gelman, was, but is no longer, in violation of Section 78-612, Art. IX (10), Chap. 30-113, Art. l(V (2) and Chap. 30-33, Art. I, of the Code of Ordinances of the Village of Tequesta. • • Special Master Hearing January 25, 2007 Page 3 Special Master Donlon ordered that Respondent, Jeff Gelman, shall continue to comply with Section 78-612, Art. IX (10), Chap. 30-113, Art. I(V (2) and Chap. 30-33, Art. 1, 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. Responden# shall be assessed $363.28 for administrative costs to be paid by the 9th day of February, 2007. A certified copy of this Order may be recorded in the Public Records of Palm Beach Gounty, 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 properly owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the original amount. Case No. 2006-0©159 Ralph Kelsey • 115 Country Club Drive Tequesta, FL 33469 Code Violation: RIA Parking Chapter 78, Article lX, Section 78-644 The Respondent, Ralph Kelsey, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced CAD reports of the violation. Conclusion of law was Respondent, Ralph Kelsey, was, but is no longer, in 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, Ralph Kelsey, shall continue to comply with Chapter 78, Article 1 X, Sec. 78-644 of the Code of Ordinances of the Village of Tequesta. Respondent shah be assessed $123.28 for administrative costs to be paid by the 9"' 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 • Special Master Hearing January 25, 2007 Page 4 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. Case No. 2006-00338 Frank Tarplee 364 Cypress Drive Tequesta, FL 33469 PCN: 60-43-40-30-03-001-0030 Fine Assessment Hearing The Respondent, Dr. Frank Tarplee, was present at the hearing and there was a finding of proper notice. The Tequesta Code Enforcement Officer produced photographs and testified to the ongoing violation. Conclusion of law was Respondent remains in violation of International Building Code 303.2 and 3203.7 and Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Dr. Frank Tarplee, shall immediately comply with Intemational Building Code 303.2 and 3203.7 and Section 30-33 of the Code of Ordinances of the Village of Tequesta. The Special Master reserved the ri ht to assess a fine at the Fine Assessment Hearing to be held on the 22 day of February, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $247.92 for administrative costs to be paid by the 9~h 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 Responden#, pursuant to Chapter 162, Florida Statutes, for the original amount. Case No. 2006-00344 John AAcCaffrey 454 Tequesta Drive Tequesta, FL 33469 • Special Master Hearing January 25, 2007 Page 5 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 Respondent complied with the swaie portion of Section 30-33. Conclusion of law was Responden#, John McCaffrey, is in violation of Section 78-643, Art. IX and Chap. 30-33, regarding the screen portion, of the Code of Ordinances of the Village of Tequesta. Respondent was, but is no longer, in violation of Chapter 30, Article I, Sec 30- • 33, regarding the swale, of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, John McCaffrey, shall 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 before the 4~" day of February, 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. Special Master Donlon further ordered that respondent, John McCaffrey, shall continue to comply w~h Section 30-33 of the Code of Ordinances of the Village of Tequesta regarding the Swale. A fine assessment hearing will be held before the Special Master on the 22"d day of February, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. 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 January 25, 2007 Page 6 • Respondent shalt be assessed $186.64 for administrative costs to be paid by the 9th 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 Chapter 162, Florida Statutes, for the original amount. Case No. 2006-00173 Steven Willie 36 Yacht Club Place Tequesta, FL 33469 PCN: 60-42-40-26-02-000-5990 Repeat Violation: R-1A Parking, Chapter 78, Article IX, Section 78-644, The Respondent, Steven Willie, 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 CAD reports and prior Orders Finding Repeat Violation from 2004 and 2005. Conclusion of law was Respondent, Steven Willie, 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. Special Master DoNon ordered that Respondent, Steven Willie, 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 $1,750.00 was assessed for the seven days the repeat violation existed. Respondent shall be assessed $711.64 for administrative costs to be paid by the 9th day of February, 2007. Case No. 2006-00172 Ann Marie Batus 39 Yacht Club Place Tequesta, FL 33469 • PCN: 60-42-40-26-01-0OO~i850 • Special Master Hearing January 25, 2007 Page 7 Repeat Violation: R-1A Parking, Chapter 78, Article IX, Section 78-644, The Respondent, Ann Marie Batus, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced a CAD report regarding the repeat violation. Conclusion of law was Respondent, Ann Marie Batus, is in repeat 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, Ann Marie Batus, shall immediately comply with Chapter 78, Article IX, Section 78-644, of the Code of Ordinances of the Village of Tequesta. A fine of $400.00 was assessed for the violation that axis#ed on November 16, 2006. Respondent shall be assessed $588.42 for administrative costs to be paid by the 9th 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 rea! or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the original amount. Case No. 2006-00305 John C. 13otelle 21 Chapel Court Tequesta, FL 33469 PCN: 60-42-40-25-31-000-0300 Fine Assessment Hearing The Special Master was unable to hear this case since it was currently on appeal with the Circuit Court. Case No. 2006-00350 Anthony C. Stump 80 Yacht Club Place • Tequesta, FL 33469 • Special Master Hearing January 25, 2007 Page 8 PCN: 602-40-2fi-01-000.5050 RIA Parking Chap 78, Art IX, Sec 78- 644 The Code Enforcement Officer needed to re-send the notice for this case to the post office box. Case No. 2006-00353 Peter Mollengarten 248 Fairway East Tequesta, FL 33469 PCN : 60-42-40-26-01-000-2180 Child Res~aint 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 and produced photographs of the violation. Conclusion of law was that Respondent, Peter Mollengarten, is in violation of Section Chapter 78, Art. IX (9), Section 78-585 of the Code of Ordinances of the Village of Teques#a. Said violation constitutes an immediate threat to the public health, safety and welfare. Respondent was in violation of Chapter 30, Art. IX (9), Sec. 30-331, but is now in compliance. Special Master Donlon ordered that Respondent, Peter Mollengarten, shall comply with Section Chapter 78, Art. IX (9), Sec. 78-585, of the Code of Ordinances of the Village of Tequesta by the 26th day of January, 2007 at 11:30 A.M. If Respondent does not comply within the time specified, the Village may correct the violation to protect health, safety and welfare. Respondent shall be assessed a fine of up to $250.00 per day until the property is in full comp{lance and shall also be assessed reasonable costs incurred by the Village in correcting said violation. • Special Master Hearing January 25, 2007 Page 9 A Fine Assessment Hearing will be held before the Special Master on the 22nd day of February, 2007, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $160.28 for administrative costs to be paid by the 9th 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 S#afutes, for the original amount. • Respectfully submitted, There being no further cases, the meeting was adjourned at 11:38 a.m.. ATTEST: ,~ C e Enforcement Officer APPROVED: ..` ~~ ~~ ,, ~~~ Special Master Lori McWilliams Village Clerk alga/v~ Date Approved •