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HomeMy WebLinkAboutMinutes_Special Master_08/31/2006VILLAGE OF TEQUESTA • DEPARTMENT OF COMMUNITY DEVELOPMENT 250 Tequesta Drive Suite 305 Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (56L) 575-6224 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES August 31, 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 January 26, • 2006 Special Master Hearing as submitted. Fine Imposition Hearing: Case No. 2005-18299 FL1 479 Seabrook Road Tequesta, FL 33469 Legal: 250-42, N 130 FT OF W 635 FT OF NE'/Z OF SE'/. (LESS N 117 FT OF E 25 FT OF W 555 FT & ELY 46.04 PCN: 60-42-40-25-00-000-5320 Repeat Violation of Village of Tequesta Code Chapter 30 Article II Sec 30-33 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 of the violation. The Officer testified that the infestation of bees relating to section 306.1 constituted an immediate threat to • the public health, safety, and welfare. He further testified that the beehive was larger than two feet. Regarding the violation of Section 30-33, the Code • Special Master Hearing August 31, 2006 Page 2 Enforcement Officer testified that the Village contractor performed the work to bring the property into compliance on August 9, 2006 and submitted an invoice in the amount of $315.00. The attorney for the Respondent had advised at a previous hearing that the Village was authorised to correct violations of Section 30-33 and send the invoice to his office. Conclusion of law was the Respondent, Ft_1, is in violation of Section 306.1 and repeat violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. The violation of Section 306.1 constitutes an immediate threat to the public health, safety, and welfare. Special Master Donlon ordered that Respondent, FL1, shall immediately continue to comply with Chapter 30, Article It, Section 30-33, of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed a fine of $315.00 to reimburse the Village for the cost of the contractor to be paid by September 15, 2006. It was further ordered by Special Master Donlon that the violation of Section • 306.1 is an immediate threat to the public health, safety, and welfare and the Village shall remove, or shall cause to be removed, the threat of the beehive and bee infestation, and bill the property owner for the costs of said removal. Respondent shall be assessed $705.00 for administrative costs to be paid by the 15~' day of September, 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. 2005-00200 Veronica Mancuso 67 Yacht Club Place Tequesta, FL 33469 PCN : 602-+~0-26-01-000-5090 Violation of Village of Tequesta Code Electrical Permit: Chapter 14 Article VI Sec 14-154 Page(s) C©: 6-144 Design Criteria, Visibility triangle: • Chapter 78 Article V Sec. 78-227 (2)(a) Page(s) CD: 78:68-CD 78-69 • Special Master Hearing August 31, 2006 Page 3 Lot Frontage (right-of--way): Chapter 78, Article V, Section 78-143 Page(s) CD: 78:38 - 78:44 As requested by the Tequesta Code Enforcement Officer, this case was continued unfit the Village resets it. Status Hearings -None Fine Reduction Hearings -None Foreclosure Authorization -None There being no further cases, the meeting was adjourned at 10:27 a.m.. Respectfully submitted, Betty Laur Recording Secretary ATTEST: C nforcement Officer rv~~~ /o~ Master Date Approved s.,,; C VILLAGE OF TEQUESTA ORDER FINDING VIOLATION CODE ENFORCEMENT ORDER VILLAGE OF TEQUESTA, Petitioner, v. FL1, Respondent. Case No. OS-18299 VILLAGE aF TEQUEST,q SEP 0 5 2~6 OEPAR?'AM~'NT OF COMMVIVfTY 0~~~~ILOPIb1ENT Re: Violation of Chapter 30, Article II, Section 30-33 and Section 306.1, of the Code of Ordinances of the Village of Tequesta. Address: 479 SEABROOK ROAD • Tequesta, Florida 33469 Legal Description: 25-40-42, N 130 FT OF W 635 FTOF NE 1/4 OF SE 1/4 (LESS N 117 FT OF E 25 FT OF W 555 FT & ELY 46.04 FT R/W SEABOOK) The Special Magistrate appointed by the Village of Tequesta to hear code enforcement cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 31St day of August, 2006, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, FLI, was not present at the hearing however, there was a finding of proper notice. 2. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation. The Officer testified that the infestation of bees relating to Section 306.1 constituted an immediate threat to the public health, safety and welfare. He further testified that the beehive was larger than two feet. 3. Regarding the violation of Section 30-33, the Code Enforcement Officer • testified that the Village contractor performed the work to bring the property into compliance on • August 9, 2006 and submitted an invoice in the amount of three-hundred-fifteen-dollars ($315.00). 4. The attorney for the Respondent advised at a previous hearing that the Village was authorized to correct violations of Section 30-33 and send the invoice to his office. CONCLUSIONS OF LAW Respondent, FLI, is in violation of Section 306.1 and repeat violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. The violation of Section 306.1 constitutes an immediate threat to the public health, safety and welfare. ORDER It is the Order of the Code Enforcement Special Magistrate that Respondent, FLI, shall immediately continue to comply with Chapter 30, Article II, Section 30-33, of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed a fine of three-hundred- fifteen-dollars ($315.00) to reimburse the Village for the cost of the contractor to be paid by September 15, 2006. It is further the Order of the Code Enforcement Special Magistrate that the violation of Section 306.1 is an immediate threat to the public health, safety and welfare and the Village shall • remove, or shall cause to be removed, the threat of the beehive and bee infestation and bill the property owner for the costs of said removal. Respondent shall be assessed seven-hundred-five-dollars ($705.00) for administrative costs to be paid by the 15th day of September, 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. Upon complying, it is the responsibility of the Respondent to notify the Village of Tequesta Code Enforcement Clerk at (561) 575-3826 to request a reinspection of the property. DONE AND ORDERED this 31st day of August, 2006. VILLAGE OF TEQUESTA CODE ENFORCEMENT • BY: ,~ Special Magistrate 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 August 31, 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 January 26, • 2006 Special Master Hearing as submitted. Fine Imposition Hearing: 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'/. (LESS N 117 FT OF E 25 FT OF W 555 FT ~ ELY 46.04 PC N : 60-42-40-25-00-000-5320 Repeat Violation of Village of Tequesta Code Chapter 30 Article If Sec 30-33 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 of the violation. The Officer testified that the infestation of bees relating to section 306.1 constituted an immediate threat to • the public health, safety, and welfare. He further testified that the beehive was larger than two feet. Regarding the violation of Section 30-33, the Code Special Master Hearing August 31, 2006 Page 2 Enforcement Officer testified that the Village contractor performed the work to bring the property into compliance on August 9, 2006 and submitted an invoice in the amount of $315.00. The attorney for the Respondent had advised at a previous hearing that the Village was authorized to correct violations of Section 30-33 and send the invoice to his office. Conclusion of law was the Respondent, FL1, is in violation of Section 306.1 and repeat violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. The violation of Section 306.1 constitutes an immediate threat to the public health, safety, and welfare. Special Master Donlon ordered that Respondent, FL1, shall immediately continue to comply with Chapter 30, Article II, Section 30-33, of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed a fine of $315.00 to reimburse the Village for the cost of the contractor to be paid by September 15, 2006. It was further ordered by Special Master Donlon that the violation of Section 306.1 is an immediate threat to the public health, safety, and welfare and the • Village shall remove, or shalt cause to be removed, the threat of the beehive and bee infestation, and bill the property owner for the costs of said removal. Respondent shall be assessed $705.00 for administrative costs to be paid by the 15~' day of September, 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. 2006-00200 Veronica Mancuso 67 Yacht Club Place Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5090 Violation of Village of Tequesta Code Electrical Permit: Chapter 14 Article VI Sec 14-154 Page(s) CD: 6-144 Design Criteria, Visibility triangle: • Chapter 78 Article V Sec. 78-227 (2)(a) Page(s) CD: 78:68-CD 78-69 • Special Master Hearing August 31, 2006 Page 3 Lot Frontage (right-of--way): Chapter 78, Article V, Section 78-143 Page(s) CD: 78:38 - 78:44 As requested by the Tequesta Code Enforcement Officer, this case was continued until the Village resets it. Status Hearings -None Fine Reduction Hearings -None Foreclosure Authorization -None There being no further cases, the meeting was adjourned at 10:27 a.m.. • Res ectfull submitted P Y Betty Laur Recording Secretary ATTEST: C e nforcement Officer APPROVED: -- la~~~- Special Master Date Approved r • Terracon Selti°ices, I~ir P.C~. Box 2 766 Jupiter, FL 33468 Phone: (561)743-1129 Fax: (61)743-1079 T0: Village of Teq.-Community Dev. Attn: Catherine Harding P.O. Box 3273 Tequesta, FL 33469 DESCRIPTION Gtirt 3 paths along boundaries Remove Peppers in front section Remove vines /Peppers etc, in middle section Remove Fence section that has been torn down ~~ / VIl~L10.C~ Q~ TEQIlEST/~ TO COMMUNITY DEV L0. ~~~(~~ DATE INVOICE # 7/17/2006 8857E JOB NAME MENT ~~::R: - TERMS 135• Net 30 SIZE UNIT PRICE QTY 400.00 1,100.00 75.00 VENDpR ~ ~ f INV. DATE ~~7- P,~~ ACCT. +~ C~^? ,~ G~ '~ ,)/ ~~~'~ ~1s3/3~,^ - -~ ~ ~ ~o - DEPq(~ ~ S ~. ~ ~ - ' -'ti""----.~ EIi~~IVCEAF~ ~.~ - - ~-~ Thank you for the opportunity to service your landscape needs, All materials and labor are included. Tats ~ PROJECT 0[d Train Depot AMOUNT 1,800.00 400.00 1,100.00 75.00 53,375.00 Terl~acoii Seivice~. Inc P.O. Box 2%C6 Jupiter, FL 3~4E~$ Phone: (S61) i`43-1.129 Fax:(_56~)?~3-1079 T0: Village of Teq.-Public Works Attn: Bob Carlo P.O. Box 3273 Tequesta, FI, 33469 DESCRIPTION Additional clean up - 3 men • ~[ ~~ / JOB NAME old xlt Depot DATE INVOICE # 8/9/2006 8907E P.O. NO. TERMS Net 30 SIZE UNIT PRICE QTY I Ioiu 35.00 ~-~ 1NV: n~..i~, kCCT.Ir._ -~~q ~~L ~f R6C'D FtPlA~1C~ APP: Thank you for the opportunity to service your landscape needs. All materials and labor are included Total PROJECT AMOUNT 9 315.00 ~~ ~ ~d . ~~~, X315.00