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VILLAGE OF TEQUESTA
DEPARTMENT OF COMMUNITY DEVELOPMENT
250 Tequesta Drive Suite 305
Tequesta, Florida 33469-0273 • (561) 575-6220
Fax: (561) 575-6224
VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
October 26, 2006
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Case No. 2005-18299
FL1
479 Seabrook Road
Tequesta, FL 33469
Legal: 25-40-42, N 130 FT OF W 635
FT OF NE'/Z OF SE'/4 (LESS N 117 FT
OF E 25 FT OF W 555 FT Sz ELY 46.04
PCN: 60-420-25-00-000-5320
Repeat Violation of Village of
Tequesta Code Chapter 30 Article II
Sec 30-33
•
PRESENT: Special Master Lara Donlon; Code Enforcement Officer Joe Petrick, and
Recording Secretary Betty Laur
The hearing was called to order at 10:02 A.M.
Code Enforcement Special Master Donlon approved the minutes of the August 31, 2006
and September 11, 2006 Special Master Hearings as submitted.
Fine Imposition Hearing:
The Respondent, FL1, 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 invoices regarding the continuing violation and
the Village's efforts and expenses to correct the violation that constituted a
threat to the public health, safety, and welfare.
• Special Master Hearing
October 26, 2006
Page 2
The Code Enforcement Officer testified that Respondent came into compliance
on October 30, 2006, after the Village contractors completed the work.
Conclusion of law was the Respondent, FL1, was in violation of Section 30-33
of the Code of Ordinances of the Village of Tequesta from September 11,
2006 through October 20, 2006.
Special Master Donlon ordered that Respondent, FL1, shall continue to
comp{y with Section 30-33, of the Code of Ordinances of the Village of
Tequesta.
Itwas-further ordered by Special Master Donlon that a fine of $9,500.00 is
hereby assessed for the violation that has existed. The fine of $250.00 per
day is imposed for the period from September 11, 2006, through October 20,
2006. Additionally, Respondent shall be responsible for the reasonable cost
incurred by the Village to correct the violation in the amount of $2,325.00. The
Respondent shall be assessed $349.81 for administrative costs.
• Violation Hearings:
Case No. 2006-00338 Frank Tarplee
4364 Cypress Drive
Tequesta, FL 33469
PC N : 60-43-40-30-03-001-0030
Ordinance Description: Property
Maintenance; Reasonable Cause of
Issuance; Prohibited Conditions;
International Building Code: 303.2;
303.7; Properly in disrepair since
2003; Manner to Comply: Apply for
permits, fix property, appear as
indicated
The Respondent, Frank Tarplee, 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 taw was Respondent, Frank Tarplee, is in violation of
Intemationat Building Code 303.2 and 303.7 and Section 30-33 of the Code of
Ordinances of the Village of Tequesta.
• Special Master Hearing
October 26, 2006
Page 3
Special Master Donlon ordered that Respondent, Frank Tarplee, shall comply
with International Building Code 303.2 and 303.7 and Section 30-33 of the
Code of Ordinances of the Village of Tequesta, in the following manner:
1. The Respondent shag apply for the proper permits on or before the 9th
day of November, 2006. If Respondent does not comply within the time
specified, Respondent shall be assessed a frne of up to $250.00 per day until
the property is in full compliance.
2. The Respondent shall bring the property into compliance by the 11th 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 25th
day of January, 2007, at 10:00 a.m., at the Village of Tequesta, Code
Compliance Division, 399 Seabrook Road, Tequesta, Florida.
• Respondent shall be assessed $277.86 #or administrative costs to be paid by
the 9th day of November, 2006.
A certified copy of this Order may be recorded in the Public Records of Palm
Beach County, Florida, and once recorded, shat{ 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. 06-00319 Shamin Mirza
43 Pine Tree Place
Tequesta, FL 33469
PCN: 60-4Z-40-26-0i -000-5720
Ordinance Description: Prohibited
Conditions; Reasonable Cause of
Issuance: Weeds and Overgrowth on
Property; Violation of Chapter 30,
Article II, Section 30,33, Pages CD:S
The Respondent, Shamin Mirza, was present at the hearing and there was a
finding of proper notice. The Tequesta Code Enforcement Officer testified to
• Special Master Hearing
October 26, 2006
Page 4
and produced photographs of the violation. Respondent entered a Motion to
Strike and Motion to Dismiss this matter,
Conclusion of law was Respondent, Shamin Mirza, was, but is no longer in
violation of section 30-33 of the Code of Ordinances of the Village of
Tequesta.
Special Master Donlon ordered that Respondent's Motion to Strike and Motion
to Dismiss are hereby denied; and further ordered that Respondent, Shamin
Mirza, shall continue to comply with Section 30-33. Respondent shalt be
assessed $169.52 for administrative costs.
Case No. 2006-00309
Frank Merola
112 Fairview West
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-5510
Ordinance Description: Prohibited
Conditions; Reasonable Cause of
Issuance: Excessive Weeds on
Property; Violation of Chapter 30,
Article Il, Section 30-33, Pages
CD30:5
The Respondent, Frank Merola, was not present at the hearing; however,
there was a finding of proper notice. The Tequesta Code Enforcement Officer
testified to and offered photographs of the repeat violation.
Conclusion of law was Respondent, Frank Merola, is in repeat violation of
Section 30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Donlon ordered that the Village may maintain the lawn and
charge the Respondent accordingly. The Respondent shall be assessed
$119.29 for administrative costs to be paid by the 9th day of November, 2006.
Case No. 2006-00313
Daren Alifrey
15 River Drive
Tequesta, FL 33469
• PCN: 60-42-40-26-02-000-0080
• Special Master Hearing
October 26, 2006
Page 5
Ordinance Description: R-1A District;
Reasonable Cause of Issuance:
PD#1163 - Observed a pickup truck
parked from 12:30 a.m.-5:15 p.m. on
9/23/06 in violation of Chapter 78,
Article IX, Section 78-644, Pages
CD78: 114-115
This case was withdrawn by the Village.
Case No. 2006-00038
Robert Fritz
80 River Drive
Tequesta, FL 33469
PC N : 60-42-40-26-01-000-4330
Ordinance Description: R-1A
Parking; Reasonable Cause of
Issuance: Pickup truck parked by
driveway of residence in violation of
Chapter 78, Article IX, Section 78-644,
Pages CD78: 114-115
The Respondent, Robert Fritz, was represented at the hearing by his
daughter, Sherry Fritz. There was a finding of proper notice. The Tequesta
Code Enforcement Officer testified to and produced photographs of the
violation. Sherry Fritz produced photos at the hearing regarding the reason for
the violation.
Conclusion of law was Respondent, Robert Fritz, 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 Fritz, shall continue
to comply with Section 644 of the Code of Ordinances of the Village of
Tequesta. The Respondent shall be assessed $106.32 for administrative
costs.
Case No. 2006-00135 Robert Syler, Jr.
88 Fairview Drive West
Tequesta, FL 33469
PC N : 60-42-40-26-01-000-5570
• Special Master Hearing
October 26, 2006
Page 6
Ordinance Description: R-1A
Parking; Reasonable Cause of
Issuance: Two boats parked at
residence which were not screened
per ordinance; Violation of Chapter
78, Article IX, Section 644, Pages
CD78: 114-115
The Respondent, Robert Syler, 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 Respondent, Robert Syler, Jr., is 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
comply with Section 644 of the Code of Ordinances of the Village of Tequesta
• by 5:00 p.m. on the 26th day of October, 2006. If Respondent does not
comply within the time specified, Respondent shall be assessed a fine of
$250A0 per day until the property is in full compliance.
A Fine Assessment Hearing wilt be held before the Special Master on the 6th
day of December, 2006, at 10:00 a.m., at the Village of Tequesta, code
Compliance Division, 399 Seabrook Road, Tequesta, Florida.
The Respondent shall be assessed $184.57 for administrative costs to be paid
by the 9th day of November, 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. 2006-00036 Catherine Caputo
78 Fairview East
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-5260
Qrdinance Description: R-1A
Parking; Reasonable Cause of
• Special Master Hearing
October 26, 2006
Page 7
Issuance: Unscreened boat parked
in driveway; Violation of Chapter 78,
Article IX, Section 644, Pages CD78:
114-115
The Respondent, Catherine Caputo, was present at the hearing and there was
a finding of proper notice. The Tequesta Code Enforcement Officer testified to
the violation.
Conclusion of law was Respondent, Catherine Caputo, 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, Catherine Caputo, shall
continue to comply with Section 644 of the Code of Ordinances of the Village
of Tequesta.
The Respondent shall be assessed $170.56 for administrative costs to be paid
by the 9th day of November, 2006.
• Case No. 2006-000304 Barkers Alley Pet Grooming (Tracy
Thomson)
371 Cypress Dr., #D
Tequesta, FL 33469
Ordinance Description: Fire
Inspection Fee; Parking; Reasonable
Cause of Issuance: Tequesta Fire
Depardnent performed a fire
inspection on 06-02-06, Inv. #102-
1489. Tequesta Fire Department
requested payment three times (last
request 07-25-06) still unpaid as of
09-18-06; Violation of Chapter 34, Art.
III, Section 34-63; Pages CD34: 4
The Respondent, Barkers Alley Pet Grooming (Tracy Thomson), was not
present at the hearing; however, there was a finding of proper notice. The
Tequesta Code Enforcement Officer testified that compliance was met on
September 20, 2006, which was after the date set for compliance.
Conclusion of law was Respondent, Barkers Alley Pet Grooming (Tracy
Thomson), was, but is no longer in violation of Section 34-63 of the Code of
Ordinances of the Village of Tequesta.
•
Special Master Hearing
October 26, 2006
Page 8
Special Master Donlon ordered that Respondent, Barkers Alley Pet Grooming
(Tracy Thomson) shalt continue to comply with Section 34-63 of the Code of
Ordinances of the Village of Tequesta.
The Respondent shall be assessed $117.35 for administrative costs to be paid
by the 9th day of November, 2006.
Case No. 2006-00289
Gregg)
169 Tequesta Dr., Suite 21-E
Tequesta, FL 33469
Case No. 2006-00305
This case was withdrawn by the Village.
•
First Care Family Resources (Suzette
Reasonable Cause of Issuance:
Engaging in business without a valid
license. Did not notify Village office
to move out; Violation of Chapter 70,
Art. II, Section 43(a)(1), Pages CD
70:6, CD 70:7
John C. Botelle
21 Chapel Court
Tequesta, FL 33469
PCN: 60-42-40-25-31-000-330
Ordinance Description: R-1, R-2, R-3
Districts; Reasonable Cause of
Issuance: Maintenance/Lawn
Irrigation System; Unscreened Boat;
Violation of Chapter 78, Article IX,
Section 78-643, Pages CD78:94 CD
97-97: 78-113-114
The Respondent, John C. Botelle, 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 Respondent testified and
produced photos at the hearing, along with receipts showing that the irrigation
violation was completed the week of September 18, 2006. Respondent also
produced demons#rative evidence regarding other improvements made to the
home and his financial limitations.
• Special Master Hearing
October 26, 2006
Page 9
Conclusion of law was Respondent, John C. Botelle, is in violation of Sections
78-643, 78-113 and 78-114 of the Code of Ordinances of the Village of
Tequesta; however, Respondent complied with the irrigation system violation
after the date set for compliance.
Special Master Donlon ordered that Respondent, John C. Botelle, shall comply
with Sections 78-643, 78-113 and 78-114 of the Code of Ordinances of the
Village of Tequesta, in the following manner:
1. The Respondent shall comply with the boat violation by the 5th day of
November, 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.
2. The Respondent shall comply with the yard violation by the 10th 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 25th
day of January, 2007, at 10:00 a.m., at the "Village of Tequesta, Cale
Compliance Division, 399 Seabrook Road, Tequesta, Ftorida.
Respondent shall be assessed $130.22 for administrative costs to be paid by
the 9th day of November, 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
properly 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, Ftorida Statutes, for the original amount.
Case No. 2006-00259 John Vadala
87 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3460
Ordinance Description: R-1A
• Parking; Reasonable Gause of
issuance: White Gommercial Van
complete wii~ ladder racks and
Special Master Hearing
October 26, 2006
Page 10
ladders parked at side of residence
unscreened; First observed at 0104
hours, 2"d observance 0502 hours;
Violation of Chapter 78, Article IX,
Section 644, Pages CD78: 114-115
This case was withdrawn by the Village.
Fine Assessment:
Case No. 2006-00109 Timothy Lawrence
188 River Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-4080
Reasonable Cause of Issuance: Fine
Assessment Hearing
The Code Enforcement Officer reported an agreement had been reached.
Status Hearings -None
Fine Reduction Hearings -None
Foreclosure Authorization -None
There being no further cases, the meeting was adjourned at 1:05 p.m..
Respectfully submitted,
g~ ~-~G~~
v
Betty Laur
Recording Secretary
ATTEST:
•
Special Master Hearing
October 26, 2006
Page 11
Code Enforcement Officer
Master
LJ
Date Approved