HomeMy WebLinkAboutMinutes_Special Master_01/26/2006VILLAGE OF TEQUESTA
DEPARTMENT OF COMMUNITY DEVELOPMENT
250 Tequesta Drive Suite 305
Tequesta, Florida 33469-0273 • (56.1) 575-6220
Fax: (561) 575-6224
VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
January 26, 2006
•
PRESENT: Special Master Lara Donlon; Code Enforcement Officer David Cooper,
and Village Clerk Gwen Carlisle.
The hearing was called to order at 10:01 A.M.
Code Enforcement Special Master Donlon approved the minutes of the November 28,
2005 Special Master Hearing as submitted.
Fine Imposition Hearing:
Case No. 05-20123
John Rich
282 Golfview Drive
Tequesta, FL 33469
Legal: Tequesta Lt 276
PCN: 60-42-40-26-01-000-2760
Violation of Code of Ordinance
International Property Maintenance
Code Sec. 303.2 Page 9
Exterior Structure
Violation of Code of Ordinance
Chapter 30 Article II Sec. 30-33
Page CD 30:5
Prohibited Conditions
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 photos of the ongoing violation from January 17, 2006 and
January 25, 2006. Catherine Harding, Tequesta Building Official, testified at
Special Master Hearing
January 26, 2005
Page 2
the hearing. Petricia Towne, a neighbor, testified that the carport was torn
down late in the afternoon of January 25, 2006.
John Rich testified at the hearing and introduced a sales contract with Majestic
Homes dated January 9, 2006, a mortgage approval dated December 22,
2005, a rough site plan and letter from Majestic Homes dated January 9, 2006
as evidence.
Conclusion of law was Respondent John Rich continues to remain longer in
violation of International Property Maintenance Code Sec. 303.2, Page 9 and
Code of Ordinances Chapter 30, Article II, Section 30-33, Page CD 30:5 of the
Code of Ordinances of the Village of Tequesta.
Special Master Donlon ordered that Respondent John Rich shall immediately
comply with International Property Maintenance Code Sec. 303.2, Page 9 and
Code of Ordinances Chapter 30, Article II, Section 30-33, Page CD 30:5 of the
Code of Ordinances of the Village of Tequesta.
Special Master Donlon assessed administrative costs in the amount of one
• hundred twenty five dollars and three cents ($125.03) which shall be paid in
full by the 6t" day of February, 2006.
A Fine Assessment Hearing will be held before the Special Magistrate on the
23rd day of February, 2006 at 20:00 a.m. at the Village of Tequesta Code
Compliance Division, 399 Seabrook Road, Tequesta, Florida.
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.
Violation Hearings:
Case No. 2005-00036 .Hugh Cook
363 Oak Avenue
Tequesta, FL 33469
Legal: Jupiter in the Pines Sec B Lt 4
Blk 25
P C N : 60-42-40-25-06-025-0040
• Violation of Code of Ordinances
• Special Master Hearing
January 26, 2005
Page 3
Chapter 78 Article IX Sec. 78-643
Page CD 78:113-114
R1, R2 and R3 Districts
The Respondent, Hugh Cook, was represented at the hearing by his daughter, Mary C.
Brandt, and there was a finding of proper notice. The Tequesta Code Enforcement
Officer testified to the violation.
Ms. Brandt testified to her attempts to correct the violations and requested that she be
the person notified of any future violations instead of her father.
Conclusion of law was that Respondent, Hugh Cook, was in violation of Chapter 78,
Article IX, Sec. 78-643, Page3 CD 78:113-114 of the Code of Ordinances of the Village
of Tequesta, but the property is now in compliance.
Special Master Donlon ordered that Respondent, High Cook, shall continue to comply
with Chapter 78, Article IX, Sec. 78-643, Page3 CD 78:113-114 of the Code of
Ordinances of the Village of Tequesta. Respondent shall be assessed $104.28 for
administrative costs that shall be paid in full by the 6th day of February, 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.
Special Master Donlon ordered that should the Village of Tequesta identify violations on
the property in the future, Ms. Mary C. Brandt shall be notified at the address provided
by her in lieu of the mailing address listed by the Property Appraiser.
Case No. 2005-00063 Steven Willie
36 Yacht Club Place
Tequesta, Florida 33469
Legal Description: Tequesta Replat Lt
599 & S 70.56 Ft of ABND 30 Ft of
Tequesta Dr Lyg E or & Adj to
PCN: 60-42-40-26-02-000-5990
Violation of Code of Ordinance
• Chapter 78 Article IX Division 11
Sec 644, Page CD 78:114-115
• Special Master Hearing
January 26, 2005
Page 4
R1A Parking
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.
Conclusion of law was that Respondent Steven Willie was in repeat violation of Chapter
78, Article IX, Division 11, Sec. 644, Page 78:114-115, of the Code of Ordinances of the
Village of Tequesta.
Special Master Donlon ordered that Respondent Steven Willie shall continue to comply
with Chapter 78, Article IX, Division 11, Sec. 644, Page 78:114-115, of the Code of
Ordinances of the Village of Tequesta.
A fine of $250.00 is hereby assessed for the violation that has existed. The fine is
imposed for the period of one day (December 23, 2005). Respondent shall be
assessed $135.03 for administrative costs that shall be paid in full by the 6th day of
February 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 th
original amount upon which the violation existed and upon any other real or persona
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for th
original amount.
Case No. 2005-18299 Ann Marie Batus
39 Yacht Club Place
Tequesta, FL 33469
e
I
e
Legal Description: Tequesta Lt 585
PC N : 60-42-40-26-01-000-5850
Violation of Code of Ordinance
Chapter 78 Article IX Division 11
Sec 644, Page CD 78:114-115
R1A Parking
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 the
violation.
•
• Special Master Hearing
January 26, 2005
Page 5
Conclusion of law was that Respondent Ann Marie Batus was in violation of Chapter 78,
Article IX, Division 11, Sec. 644, Page 78:114-115, of the Code of Ordinances of the
Village of Tequesta.
Special Master Donlon ordered that Respondent Ann Marie Batus shall comply with
Chapter 78, Article IX, Division 11, Sec. 644, Page 78:114-115, of the Code of
Ordinances of the Village of Tequesta by 5:00 p.m. on the 27th day of January, 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 22"d day of
February, 2006, at 10:00 a.m. at the Village of Tequesta Code Compliance Division,
399 Seabrook Road, Tequesta, Florida.
Respondent shall be assessed $124.64 for administrative costs that shall be paid in full
by the 6th day of February 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. 2005-00059 Jack Paradise
108 Yacht Club Place
Tequesta, FL 33469
Legal: Tequesta S 103 Ft
498
PC N : 60-42-40-26-01-000-4981
Violation of Code of Ordinance
Chapter 30 Article II Sec. 30-33
Page CD 30:5
Prohibited Conditions
The Respondent, Jack Paradise, was not present at the hearing. The case was dropped
as Respondent was in compliance.
•
• Special Master Hearing
January 26, 2005
Page 6
Case No. 2005-00016 Jeanne Zimmerman
208 River Drive
Tequesta, FL 33469
Legal: Tequesta Lt 403
PC N : 60-42-40-26-01-000-4030
Violation of Code of Ordinance
Chapter 30 Article IX Division 3
Sec. 30-331
Page CD 30:18-19
Abandoned or Wrecked Property on
Private Property
The Respondent, Jeanne Zimmerman, was not present at the hearing; however, there
was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the
violation.
Conclusion of law was that Respondent, Jeanne Zimmerman, was in violation of
• Chapter 30, Article IX, Division 3, Sec. 30-331, page CD 30:18-19, of the Code of
Ordinances of the Village of Tequesta but has since come into compliance.
Special Master Donlon ordered that Respondent Jeanne Zimmerman shall continue to
comply with Chapter 30, Article IX, Division 3, Sec. 30-331, page CD 30:18-19, of the
Code of Ordinances of the Village of Tequesta.
Case No. 2005-00065 Robert Lally
430 Tequesta Drive
Tequesta, FL 33469
Legal: Jupiter in the Pines Sec B Lt
7 Blk 22
PC N : 60-42-40-25-06-022-0070
Violation of Code of Ordinance
Chapter 78 Article IX Sec. 78-643
Page CD 78:113-114
R1, R2 and R3 Districts
The Respondent, Robert Lally, was not present at the hearing; however, there was a
• finding of proper notice. The Tequesta Code Enforcement Officer testified to the
violation. Mr. Von Frank testified as a witness at the hearing.
• Special Master Hearing
January 26, 2005
Page 7
Conclusion of law was that Respondent Robert Lally was in violation of Chapter 78,
Article IX Sec. 78-643 page CD 78:113-114, of the Code of Ordinances of the Village of
Tequesta but has since come into compliance.
Special Master Donlon ordered that Respondent, Robert Lally, shall continue to comply
with Chapter 78, Article IX Sec. 78-643 page CD 78:113-114, of the Code of
Ordinances of the Village of Tequesta. Respondent shall be assessed $100.03 for
administrative costs that shall be paid in full by the 6th day of February, 2006.
Case No. 2005-00061 Albert Sorzano
458 Dover Road
Tequesta, FL 33469
Legal: Jupiter in the Pines Sec B Lt
16 Blk 15
PCN : 60-42-40-25-06-015-0160
• Violation of Code of Ordinance
Chapter 78 Article IX Sec. 78-643
Page CD 78:113-114
R1, R2 and R3 Districts
The Respondent, Albert Sorzano, was not present at the hearing; however, there was a
finding of proper notice. The Tequesta Code Enforcement Officer testified to the
violation.
Conclusion of law was that Respondent, Albert Sorzano, was in repeat violation of
Chapter 78, Article IX Sec. 78-643 page CD 78:113-114, of the Code of Ordinances of
the Village of Tequesta for one day.
Special Master Donlon ordered that Respondent, Albert Sorzano, shall continue to
comply with Chapter 78, Article IX Sec. 78-643 page CD 78:113-114, of the Code of
Ordinances of the Village of Tequesta. A fine of $100.00 is hereby assessed for the
violation that has existed, The fine is imposed for the period of one day. Respondent
shall be assessed $100.03 for administrative costs that shall be paid in full by the 6tn
day of February, 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
• Special Master Hearing
January 26, 2005
Page 8
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes, for the
original amount.
Case No. 2005-00064
Kirk Bielski
454 Dover Road
Tequesta, FL 33469
Legal: Jupiter in the Pines Sec B Lt
17 Blk 15
PC N : 60-42-40-25-06-015-0170
Violation of Code of Ordinance
Chapter 78 Article IX Sec. 78-643
Page CD 78:113-114
R1, R2 and R3 Districts
The Respondent, Kirk Bielski, was not present at the hearing; however, there was a
finding of proper notice. The Tequesta Code Enforcement Officer testified to the repeat
• violation.
Conclusion of law was that Respondent, Kirk Bielski, was in repeat violation of Chapter
78, Article IX Sec. 78-643 page CD 78:113-114, of the Code of Ordinances of the
Village of Tequesta on November 22, 2005.
Special Master Donlon ordered that Respondent, Kirk Bielski, shall immediately comply
with Chapter 78, Article IX Sec. 78-643 page CD 78:113-114, of the Code of
Ordinances of the Village of Tequesta. Respondent shall be assessed a fine of $400.00
for the repeat violation that existed on November 22, 2005. Respondent shall be
assessed $100.03 for administrative costs that shall be paid in full by the 6`" day of
February, 2006.
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'/4 (LESS N 117 FT
• OF E 25 FT OF W 555 FT & ELY 46.04
FT R/W SEABROOK
Special Master Hearing
January 26, 2005
Page 9
Violation of Village of Tequesta Code
Chapter 30 Article II Sec 30-32
Page CD 30:5 and Chapter 30 Article
II Sec 30-33 Page CD 30:5
Excessive Accumulations Prohibited
Violation of Code of Ordinance
Chapter 30 Article II Sec. 30-33
Page CD 30:5
Prohibited Conditions
The Respondent, FL1, was present at the hearing, by and through its attorney,
Mr. Bowen Gillespie. The Respondent stipulated to proper notice.
Attorney for the Respondent testified that the property is in a revocable trust
and was unexpectedly inherited by his client when her husband suddenly
passed away. Attorney for the Respondent requested a reduction in fine to
$2,000.00 plus administrative costs and will pay such amounts and bring the
property into compliance by February 25, 2006. Attorney for the Respondent
• also testified that the property owners will continue to maintain the property in
compliance with the Village of Tequesta Code of Ordinances.
Attorney for the Respondent further agreed that should the property create a
violation in the future that permission is granted to the Village of Tequesta to
have its public works department correct the violation and submit the
reasonable cost to the owner for payment.
Attorney for the Respondent finally requested that any further notices
regarding code enforcement be issued to the office address provided at the
hearing and that notice not be sent to the property owner at the mailing
address listed by the Palm Beach County Property Appraiser's Office.
The Village agreed to the reduction in fine, with the conditions offered by the
Attorney for the Respondent.
The Code Enforcement Officer testified to the administrative costs for the
hearing in the amount of $125.03.
Conclusion of law was the Respondent, FL1, remains in violation of the above
listed code sections of the Code of Ordinances of the Village of Tequesta, but
has agreed to correct such violations by February 25, 2006, and shall continue
• to maintain the property.
Special Master Hearing
January 26, 2005
Page 10
Special Master Laura Donlon ordered that the Respondent's fine shall be
reduced to Two Thousand Dollars ($2,000.00), plus administrative costs in the
amount of $125.03 to be paid in full by February 25, 2006; and further ordered
that Respondent shall bring the property into compliance by February 25,
2006, and shall continue to maintain the property thereafter. Special Master
Donlon further ordered that Respondent shall be notified of any future code
enforcement issues by and through its attorney, Mr. Bowen Gillespie, at the
address provided at the hearing and not to the property owner's mailing
address as identified by the Palm Beach County Property Appraiser's Office.
It was further ordered that the Village of Tequesta shall be permitted to enter
onto the property to correct future violations and charge Respondent with the
reasonable cost of same after proper notice and hearing.
If Respondent does not comply within the time specified or pay the fine and
administrative costs within the time specified, Respondent shall appear at a
Status/Fine Assessment Hearing to be held before the Special Master on the
23~d day of March, 2006, at 10:00 a.m., at the Village of Tequesta, Code
Compliance Division, 399 Seabrook Road, Tequesta, Florida, where the
• original fine may be reinstated.
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.
Status Hearings -None
Fine Reduction Hearings -None
Foreclosure Authorization -None
Due to the unavailability of the Special Master for the regular hearing date in April, the
April 27 Special Master hearing was rescheduled for Thursday, May 4, 2006 at 10:00
a.m.
There being no further cases, the meeting was adjourned.
#,
Special Master Hearing
• January 26, 2005
Page 11
•
Respectfully submitted,
~J,~~~~
/_
'wen Carlisle
Village Clerk
•
Special Master Date Approved