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HomeMy WebLinkAboutMinutes_Special Master_05/29/2003 TEQUESTA POLICE DEPARTMENT 357 Tequesta Drive Post Office Box 3273 Tequesta, Florida 33469-0273 Phone: (561) 575-6210 Fax: (561) 575-6218 Stephen J. Allison Chief of Police VILLAGE OF TEQUESTA `SPECIAL' SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES May 29, 2003 PRESENT: Special Master David Schmidt; Code Enforcement Officer Sy Steinsaltz; Recording Secretary Betty Laur. The hearing was called to order at 9:00 A.M. • A. Violation Hearing: Case No. 03-98466 Hattie I. Siegel 498 Dover Road Tequesta, Florida 33469 Legal: Jupiter in the Pines Section B IN 60-42-40-25-06-015-0060 Violation of Code of Ordinances, Chapter 10, Section 10-17,18,19 - Excess Accumulation and Unlawful Growth The Respondent, Hattie I. Siegel, was not present at the hearing. Findings of Fact were that the Respondent, Hattie I. Siegel, is the owner of the subject property and that Respondent was properly notfied of the date and time established for the hearing. Sworn testimony was presented by Tequesta Code Enforcement Officer Sy Steinsaltz, Jim Humpage, and Russell von Frank. Photographs were entered into evidence and the clerk recorded all exhibits introduced into evidence. The Special Master took notice of the Order Finding Violations dated November 29, 1999, and Order Imposing Fine dated May 20, 2003, both entered in Case No. 98-18198. This case dealt with the same Respondent, the same property, and the same violations. The Special `Special' Special Master Hearing May 29, 2003 Page 2 Master found that the Village had sustained its burden of proof and shown by substantial competent evidence that violations of its code did occur and continue to exist and that there was and is the existence of excessive accumulations and untended growth of weeds, undergrowth, or other dead or living plant I'rfe, and the respondent's parcel of land is infested with rodents, vermin and wild animals all of which do threaten the public health, safety and welfare and which may reasonably cause disease, and adversely affects and impairs the economic welfare of adjacent property. While the Village alleged this to be a repeat violation, the Special Master found this to be a continuing violation of the Order Finding Violations dated November 29, 1999, which found that pursuant to Chapter 10, Section 10-17, the Respondent's parcel was declared to be a public nuisance, and that based upon the evidence and testimony presented it remains a public nuisance. The Special Master found that Respondent has permitted rubbish, trash, debris, dead trees, and other unsanitary and unsightly conditions to remain on the premises and has not maintained her property in either a safe or sanitary condition and that these factors/violations present a serious threat to the public health, safety, and • welfare. Conclusion of law is that the Respondent is in violation of Code Section 10-17 and Code Section 10-18 of the Code of Ordinances of the Village of Tequesta. Special Master Schmidt ordered that the fines imposed by the Order Imposing Fines dated May 20, 2003, in Case No. 98-18198, shall remain in effect and shall continue to accrue until such time as the Respondent shall bring each item into compliance. Special Master Schmidt ordered that all costs- incurred in prosecuting these cases which have accrued subsequent to the Supplemental Order entered in Case No. 98-18198 are hereby imposed upon the Respondent, who shall have until June 15, 2003, to pay same. A Supplemental Order will be issued when these costs are verified to the Special Master. Respondent shall notify the Village of Tequesta as each violation is corrected so that the appropriate Code Enforcement Officer, as well as any consultants for the Village, have an opportunity to view the premises and to certify compliance. Pursuant to Section 2.96, the Special Master found that the violations present a serious threat to the public health, safety and welfare. The Village may make all reasonable repairs which are required to bring the property into compliance and charge the Respondent with the reasonable cost of repairs along with the fines imposed previously. The Respondent shall have until 5 p.m. on Monday, June 2, 2003 to bring the property into compliance before the Village may exercise this right. Special Master Hearing May 29, 2003 Page 3 The meeting was adjourned at 9:20 a.m. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Code Enforcement OfFicer • •