HomeMy WebLinkAboutMinutes_Special Master_03/27/20034
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 MASTER CODE ENFORCEMENT HEARING
MINUTES
March 27, 2003
PRESENT: Special Master Paulette Torcivia; Code Enforcement Officer Sy Steinsaltz;
Recording Secretary Betty Laur.
The hearing was called to order at 10:00 A.M.
• A. Code Enforcement Special Master Torcivia approved the minutes of the
February 27, 2003 Special Master Hearing.
B. Violation Hearing:
Case No. 03-89014 JuliAnn Kovacs
372 Church Road
Tequesta, Florida 33469
Violation of Code of Ordinances,
#320, Section 10-26, Page 588, Limbs
Overhanging
The Respondent, JuliAnn Kovacs, was present at the hearing. Special Master
Torcivia indicated this case had already been decided on October 24, 2002
and Respondent found not in violation; however, it was ordered that the
neighbor may remove any overhanging limbs or could remove the entire tree
as long as the stump and all debris was removed. The neighbor, David R.
Smith, was present. The Special Master stated the original order would be
Village Exhibit No. 1. Exhibit 2 was a photo taken by the Code Enforcement
Officer on 1-17-03 depicting the tree. Special Master Torcivia stated the case
came back last month. Mrs. Kovacs had not been present. Mr. Smith had
. been present. The Special Master had stated she could not render a decision
because according to Statute she had already made a decision and the
Village would need to go to District Court, and requested a memo regarding
Special Master Hearing
March 27, 2003
Page 2
that. The memo was marked Exhibit 3 for the Village. The Special Master
stated she would make case law available for the Village if they wanted, but
the memo did not address what she asked, if she could hear the case again, it
gave case law backing up her decision Gallo v Hiller 3~d District Court 7-21-87.
Special Master Torcivia stated she could not hear the case because her
decision had been made in October 2002 and that decision holds; that Mrs.
Kovacs was not responsible for overhanging branches; Mr. Smith could trim
and could actually demolish the tree but must remove the stump and all
debris. Special Master Torcivia advised no order would be issued on this case
since she had decided not to hear it.
C. Fine Imposition Hearings:
Case No. 03-92192 Danny J. Mingle
305 Country Club Drive
Tequesta Florida 33469
• LEGAL: Tequesta LT 213
60-42-40-26-01-000-2130
Repeat Violation of Code of
Ordinances, #464, Sec. X-L(3), Page
1185, R1A Zone
The Respondent, Danny J. Mingle, was represented at the hearing by his wife,
Bambi Mingle. The Tequesta Code Enforcement Officer testified to the
ongoing violation.
Conclusion of law is that the Respondent remains in violation of Ordinance ,
#464, Sec. X-L(3), of the Code of Ordinances of the Village of Tequesta.
Special Master Torcivia ordered that Respondent, Danny J. Mingle, shall
immediately comply with Ordinance #464, Sec. X-L(3), of the Code of
Ordinances of the Village of Tequesta. A fine of seventy five dollars ($75.00)
was assessed for the violation that has existed. Said fine shall be paid by the
22"d day of April, 2003. If Respondent is found in repeat violation, a fine of
one hundred dollars ($10000) per day shall be assessed for each day the
violation continues to exist.
• A certified copy of this Order shall 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
• Special Master Hearing
March 27, 2003
Page 3
other real or personal property owned by the Respondent, pursuant to Chapter
162, Florida Statutes for the original amount.
Case No. 03-91251
Frederick & Monica Ayer
149 River Drive
Tequesta Florida 33469
Repeat Violation of Code of
Ordinances, #464 Section X-L(3),
Page 1185, R1 A Zone
The Respondents, Frederick and Monica Ayer, were not present at the
hearing; however, there was a finding of proper notice.. The Tequesta Code
Enforcement Officer testified to the ongoing violation.
Conclusion of law is that the Respondents remain in violation of Ordinance
#464, Section X-L (3), of the Code of Ordinances of the Village of Tequesta.
Special Master Torcivia ordered that Respondents, Frederick and Monica
Ayer, shall immediately comply with Ordinance #464, Section X-L (3), of the
Code of Ordinances of the Village of Tequesta. A fine of fifty dollars ($50.00)
was assessed for the violation that has existed. Said fine shall be paid by the
22"d day of April, 2003. If Respondents are found in repeat violation, a fine of
one hundred dollars ($100.00) per day shall be assessed for each day the
violation continues to exist.
A certified copy of this Order shall 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. 03-91134 Noe Santamarina
252 Fairway East
Tequesta, FL 33469
Repeat Violation of Code of
• Ordinances of the Village of Tequesta
#464, Section X-L (3), Page 1185, R1A
Zone
• Special Master Hearing
March 27, 2003
Page 4
The Respondent, Noe Santamarina, was not present at the hearing; however,
there was a finding of proper notice. The Tequesta Code Enforcement Officer
testified to the ongoing violation.
Conclusion of law was that Respondent remains in violation of Ordinance
#464, Section X-L(3), of the Code of Ordinances of the Village of Tequesta.
Special Master Torcivia ordered that Respondent, Noe Santamarina, shall
immediately comply with Ordinance #464, Section X-L(3), of the Code of
Ordinances of the Village of Tequesta. A fine of fifty dollars ($50.00) was
assessed for the violation that has existed. Said fine shall be paid by April 22,
2003. If Respondent is found in repeat violation, a fine of one hundred dollars
($100.00) per day shall be assessed for each day the violation continues to
exist.
A certified copy of this Order shall 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.
D. Violation Hearings:
Case No. 03-90579
02-85587
Marianne C. Jarski
406 Tequesta Drive
Tequesta, FL 33469
Violation of Code of Ordinances of
the Village of Tequesta, Ordinance
#355, Sec. VIII(c), Page 1138.13 -
Drainage & Maintenance
The Respondent, Marianne C. Jarski, 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 that Respondent is in violation of Ordinance 355, Sec.
VIII (c) of the Code of Ordinances of the Village of Tequesta.
• Special Master Paulette Torcivia ordered that Respondent, Marianne C. Jarski,
shall comply with Ordinance 355, Section VIII(c), of the Code of Ordinances of
• Special Master Hearing
March 27, 2003
Page 5
the Village of Tequesta by the 14th day of May, 2003. If Respondent does not
comply within the time specified, a fine of fifty dollars ($50.00) per day shall be
assessed for each day the violation continues to exist.
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. 03-89137
Lori Masen
10 Shay Place
Tequesta, FL 33469
Violation of Ordinance 395, Chapter
6, Sec. 6-81, Page 365 -Accessory
Structure
The Respondent was not present at the hearing. This case was continued.
Case No. 03-93184
Vicky Y. Orr
238 Wingo Street
Tequesta, FL 33469
Violation of Code of Ordinances of
the Village of Tequesta, Ordinance
#263, Sec. 13-31(a), Page 778.2 -
Abandoned Vehicles
The Respondent, Vicky Y. Orr, 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 that Respondent is in violation of Ordinance 263, Sec.
13-31 (a) of the Code of Ordinances of the Village of Tequesta.
Special Master Paulette Torcivia ordered that Respondent, Vicky Y. Orr, shall
comply with Ordinance 263, Section 13-31(a), of the Code of Ordinances of
• the Village of Tequesta by the 18th day of April, 2003. If Respondent does not
comply within the time specified, a fine of fifty dollars ($50.00) per day shall be
assessed for each day the violation continues to exist.
• Special Master Hearing
March 27, 2003
Page 6
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. 03-91847
Erin Vala c/o Susan Huffstutler
406 North Cypress Dr., #1
Tequesta, FL 33469
Violation of Code of Ordinances of
the Village of Tequesta, Ordinance
#263, Sec. 13-31(a), Page 778.2 -
Abandoned Vehicles
The Respondent, Susan Huffstutler, 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 that Respondent is in violation of Ordinance 263, Sec.
13-31 (a) of the Code of Ordinances of the Village of Tequesta.
Special Master Paulette Torcivia ordered that Respondent, Susan Huffstutler,
shall comply with Ordinance 263, Section 13-31(a), of the Code of Ordinances
of the Village of Tequesta by the 18"' day of April, 2003. If Respondent does
not comply within the time spec'rfied, a fine of fifty dollars ($50.00) per day shall
be assessed for each day the violation continues to exist.
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.
E. Status Hearings:
None
• F. Foreclosure Authorization:
• Special Master Hearing
March 27, 2003
Page 7
None
The meeting was adjourned at 11:05 A.M.
ATTEST:
Code Enforcement Officer
APPROVED:
Respectfully submitted,
Betty Laur
Recording Secretary
Special Master
Date Approved
L~