The URL can be used to link to this page

Home My WebLink AboutMinutes_Special Master_12/06/2006• VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES December 6, 2006 PRESENT: Special Master Lara Donlon; Code Enforcement Officer Joe Petrick, and Recording Secretary Betty Laur The hearing was called to order at 10:01 A.M. Code Enforcement Special Master Donlon approved the minutes of the November 26, 2006 Special Master Hearing as submitted. • The following cases were heard before the Special Master: Case No. 2006-00197 Ronald Greco 39 Pine Tree Place Tequesta, FL 33469 PCN: 60-42-4(#-26-01-000-5710 Repeat Violation Pickup Truck Ordinance Description: R1A Parking Chapter 78. Ardcle lX, Sec. 78-644, Pages CD78:114 to CD78:115 The Respondent, Ronald Greco, was present at the hearing and there was a finding of proper notice. The Respondent testified and produced invoices at the hearing. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation. The Code Enforcement Officer also testified that the property is now in compliance. Conclusion of law was Respondent, Ronald Greco, was, but is no longer, in violation of Chapter 78, Article IX, Section 78-644, Pages CD:114 to CD:115 of the Code of Ordinances of the village of Tequesta. • • Special Master Hearing December 6, 2006 Page 2 Special Master Donlon ordered that Respondent, Ronald Greco, shall continue to comply with Chapter 78, Article IX, Section 78-644, Pages CD:114 to CD:115 of the Code of Ordinances of the Village of Tequesta . Respondent shall be assessed $188.17 for administrative casts to be paid by the 16t" day of December, 2006. 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 Chapfier 162, Florida Statutes, for the original amount. Case No. 2006-00325 Marls Sedelnik • 65 Golfview Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000410 Repeat Violation Pickup Truck R1A Parking Chapter 78. Article IX, Sec. 78-644, Pages CD78:114 to CD78:115 The Respondent, Mark Sedelnik, 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. The Code Enforcement Officer also testified that the property is now in compliance. Conclusion of law was Respondent, Mark Sedelnik, was, but is na longer in violation of Chapter 78, Article lX, Section 78-644, Pages CD:114 to CD:115 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Mark Sedelnik, shall continue to comply with Chapter 78, Article IX, Section 78-644, Pages CD:114 to CD;115 of the Code of Ordinances of the ViNage of Tequesta . Respondent shall be assessed $216.78 for administrative costs to be paid by the 16t" day . of December, 2006. • Special Master Hearing December 6, 2006 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. 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 Statufes, for the original amount. Case No. 2006-00340 Qr. Gisleda Ramos 222 U.S. Highway One, #8 Tequesta, FL 33469 PCN: 602-40-26-01-000~i510 Code Violation: Alarm Permit • Required Chapter 26, Article I(2), Section 26-61, Pages CD 26:3 - CQ 26:4 The Respondent, Dr. Gisleda Ramos, was present at the hearing, and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the violation, and that the Respondent has complied w~h proper permits. Conclusion of law was Respondent, Dr. Gisleda Ramos, was, but is no longer, in violation of Chapter 26, Article 1(2), Sec. 26-61, Pages CD 26:3 - CD 26:4 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Dr. Gisleda Ramos, shall continue to comply with Chapter 26, Article 1(2), Sec. 26-61, Pages CD 26:3 - CD 26:4 of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed $143.78 for administrative costs to be paid by the 16t" day of December 2006. 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 December 6, 2006 Page 4 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 Case No. 2006-00185 Daniel Freas 59 Yacht Club Place Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5900 Repeat Violation: R-1A Parking, Chapter 78, Article IX, Section 78-644, Pages CD78: 114-115 The Respondent, Daniel Freas, was present at the hearing and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photographs and CAD reports of the repeat violation. The Code Enforcement Officer also testified that the property is now in compliance. • Conclusion of law was Respondent, Daniel Freas, was, but is no longer in repeat violation of Chapter 78, Article IX, Section 78-644, Pages CD:114 to CD:115 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Daniel Freas, shall continue to comply with Chapter 78, Article lX, Section 78-644, Pages CD:114 to CD:115 of the Code of Ordinances of the Village of Tequesta. A fine of $2,100.00 was assessed for the five days the repeat violation existed. The fine of $2,100.00 is to be paid by the 31 ~ day of December 2006. Respondent shaA be assessed $328.17 for administrative costs to be paid by the 31st day of December, 2006. 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. 2006-000135 Robert Syler, Jr. 88 Fairview West Tequesta, FL 33469 • PCN: 60-42-40-26-01-000-1850 • Special Master Hearing December 6, 2006 Page 5 Cause of Issuance: Fine Assessment Hearing Violation of Section 644 of Code of Ordinances of Village of Tequesta The Respondent, Robert Syler, Jr. 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 ongoing violation. The Code Enforcement Officer also testified that the property came into compliance on November 29, 2006. Conclusion of law was Respondent, Robert Syler, Jr., was, but is no longer in violation of Section 644 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Robert Syler, Jr., shall continue to comply with Section 644 of the Code of Ordinances of the Village of Tequesta. A frne of $1,000.00 was imposed for the period, October 26, 2006 through November 29, 2006 for the violation that existed. The • Respondent shall be assessed $184.57 for administrative costs. 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. 2006-00352 John Rich 282 Golfview Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2760 Ordinance Description: Prohibited Conditions Chapter 30, Art. II, Sec. 30-33, Page CD 30 The Respondent, John Rich, 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. n U • Special Master Hearing December 6, 2006 Page 6 Conclusion of law was Respondent, John Rich, is in violation of Chapter 30, Art. ll, Sec. 30-33, Page CD 30 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, John Rich, shall comply with Chapter 30, Art. II, Sec. 30-33, Page CD 30 of the Code of Ordinances of the Village of Tequesta by the 6th day of January, 2007. If Respondent does not comply within the time specified, Respondent shall be assessed a fine of $250.00 per day until the property is in full compliance. A Fine Assessment Hearing will be held before the Special Master on the 25th day of January, 2007, at 10:00 a.m., at the Village of Tequesta, Code Gompliance Division, 399 Seabrook Road, Tequesta, Florida. The Respondent shall be assessed $299.50 for administrative costs to be paid by the 16th day of December, 2006. 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 Ghapter 162, Florida Statutes, for the original amount. Case No. 2006-00336 Tequesta Palms Inn (formerly Cologne Motel) 220 U.S. Highway One Tequesta, FL 33469 Legal Description: 300-43, SLY 100 FT 4F NLY 1152.38 FT OF ELY 352.19 FT OF GOV LT 2 LYG W OF ADDL SR 5 RNV 14-152 -Building Permits 14-157 - Fees for Jobs without Building Permit The Respondent, Tequesta Palms Inn, was represented at the hearing by Attorney Alfred LaSorte. The Respondent stipulated to proper notice, and there was a finding of same. The Tequesta Gode Enforcement Officer testified to and produced photographs of the violation. However, the Village did not present evidence regarding a violation with respect to interior doors. Mr. • Special Master Hearing December 6, 2006 Page 7 LaSorte testified that the Respondent admitted to the violations except for the alleged violation regarding doors as listed in the Notice of Violation. The Village withdrew the claim regarding an alleged violation with respect to the doors. Conclusion of law was Respondent, Tequesta Palms Inn, was 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 Inn, shall comply with Chapter 14, Art. VI, Sec. 14-152, Pages CD 14:5 of the Code of Ordinances of the Village of Tequesta on or before the 31st day of December, 2006. 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 25t" day of January, 2007, at 110:00 a.m., at the Village of Tequesta, Code Compliance Division, 399 Seabrook Road, Tequesta, Florida. • Respondent shall be assessed $663,78 for administrative costs to be paid by the 16t" day of December, 2006. 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. 2006-18299 Maney H. Leshay 419 Cy[ress Drove. #18F Tequesta, Florida Location of Violation: 505 Cypress Court, Tequesta, FL 33469 PC N : 60-43-40-30-38-000-0010 Violation of Village of Tequesta Code Prohibited Conditions Chapter 30 Article I Sec 303, Pages • CD 30:5 • Special Master Hearing December 6, 2006 Page 8 The Respondent, Maney H. Leshay, was present at the hearing and there was a finding ofi proper notice. The Tequesta Code Enfiorcement Officer testified to and produced photographs of the violation, and also testifed that the property is now in compliance. Conclusion of law was the Respondent, Maney H. Leshay, was but is no longer in violation of Chapter 30, Article I, Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Donlon ordered that Respondent, Maney H. Leshay, shall continue to comply with Chapter 30, Article I, Section 30-33, pages CD 30-5 of the Code of Ordinances of the Village of Tequesta. It was further ordered by Special Master Donlon that a fine of $251.56 is hereby assessed for administrative costs, to be paid by the 16~" day of December, 2006. 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, far the original amount. Case No. 2006-000304 David Kyle 229 Golf Club Circle Tequesta, FL 33469 PCN: 60-42-40-26-01-000-1850 Ordinance Description: R1A Parking Chapter 78, Art. IX, Sec. 78-644, Pages CD 78:114-115 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 and produced photographs and CAD reports of the violation. Conclusion of law was that Respondent, David Kyle, was, but is no longer, in violation of Chapter 78, Art. IX, Sec. 78-644, Pages CD 78:114-115, of the Code of Ordinances of the Village of Tequesta. • Special Master Hearing December 6, 2006 Page 9 Special Master Donlon ordered that Respondent, David Kyle. shall continue to comply with Chapter 78, Art. IX, Sec. 78-644, Pages CD 78:114-115, of the Code of Ordinances of the Village of Tequesta. The Respondent shall be assessed $218.78 for administrative costs to be paid by the 16th day of December, 2006. 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. 2006-00357 Susan and Mike Faby • 139 Fairview West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-4630 Child-resistant barrier required. Violation of Chapter 78, Art. IX (9J, Section 78-585, Pages CD 78:145 The Respondents, Susan and Mike Faby, were not present at the hearing. The Respondents were not properly notified of the hearing Special Master Donlon ordered that this case be dismissed without prejudice. The Village may, upon properly serving a Notice of Hearing to the Respondents, reset this matter for a future hearing date There being no further cases, the meeting was adjourned at 12:28 p.m.. Respectfully submitted, -: -,`- _~ ,~/ C7~~u'v • Betty Lau Recording Secretary . Special Master Hearing December 6, 2006 Page 10 ATTEST: Code ~fiforcement Officer APPR0~9G~~ Special Master • '7 Date Approved •