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Home My WebLink AboutMinutes_Special Master_02/27/2003r po~~~e CFFICtrA :•~•. • TE~T A 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 February 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 January 23, 2003 Special Master Hearing. B. Violation Hearings: 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 not present at the hearing. Special Master Torcivia indicated this case had already been decided. Mr. Smith, neighbor of Respondent, was present and the Code Enforcement Officer stated he felt Mr. Smith's position was correct. Special Master Torcivia stated if the Village requested a re-hearing this would be a different case. Special Master Torcivia continued this case until next month, stated she would not continue it again, and requested the Village Attorney provide a memo of law as to why the Village felt this case should be re-heard and citing case law to substantiate the request for re-hearing. Case No. 03-89899 Robert J. Delmore 44 Yacht Club Place Special Master Hearing February 27, 2003 Page 2 Tequesta Florida 33469 Violation of Code of Ordinances, #377, App. A, Page 1178.8, Landscape Maintenance The Respondent, Robert J. Delmore, was present at the hearing. The Tequesta Code Enforcement Officer testified that a fine reduction was appropriate. Conclusion of law is that the Respondent, Robert J. Delmore, is currently in violation of Ordinance #377, App. A, of the Code of Ordinances of the Village of Tequesta by the 25th day of March, 2003. Special Master Torcivia ordered that Respondent, Robert J. Delmore, shall comply with Ordinance #377, App. A, of the Code of Ordinances of the Village of Tequesta. If Respondent does not comply within the time specified, a Fine Assessment Hearing will be held before the Special Master on the 27th day of • March, 2003 at 10:00 a.m. at the Tequesta Recreation Center Main Meeting Room (Council Chambers), 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. Case No. 03-89306 T. D. Waterhouse Securities 222 S. U.S. 1, Suite #8, Tequesta Florida 33469 Violation of Code of Ordinances, #435 Section 2.5-20 & 24, Page 186, F~ccessive Alarms The Respondents, T. D. Waterhouse Securities and Shaw Properties, were represented at the hearing by Paul Zbytniewski, Branch Manager. The Tequesta Code Enforcement Officer testified to the violations. • Conclusion of law is that the Respondents are in violation of Ordinance #435, , Sec. 2.5-20 & 24 of the Code of Ordinances of the Village of Tequesta. • Special Master Hearing February 27, 2003 Page 3 Special Master Torcivia ordered that Respondents, T. D. Waterhouse Securities and Shaw Properties, shall comply with Ordinance #435, Sec. 2.5- 20 & 24, of the Code of Ordinances of the Village of Tequesta. If Respondents do not comply within the time specified, a fine of up to two hundred fifty dollars $250.00) per day; five hundred ($500.00) per day for repeat violators, may be assessed for each day the violation continues to exist. Case No. 03-87368 Robert and Melissa Miller 80 Willow Road Tequesta, FL 33469 Violation of Code of Ordinances of the Village of Tequesta #263, Section 13-31(a), Page 778.2, Public Nuisance • The Respondents, Robert and Melissa Miller, were present at the hearing. The Tequesta Code Enforcement Officer testified to the violation. Conclusion of law was that Respondents, Robert and Melissa Miller, are in violation of Ordinance #263, Section 13-31(a), Page 778.2, of the Code of Ordinances of the Village of Tequesta. Special Master Torcivia ordered that Respondents, Robert and Melissa Miller, shall continue to comply with Ordinance #263, Section 13-31(a), Page 778.2, of the Code of Ordinances of the Village of Tequesta. If Respondents are found in violation again they must attend a scheduled fine assessment hearing before the Special Master at the Tequesta Recreation Center Main Meeting Room (Council Changers), Tequesta, Florida. B. Fine Reduction Hearings: Case No. 0282134 Kirk Bielski 0282959 454 Dover Road 0284758 Tequesta, FL 33469 • Repeat Violation of Code of Ordinances of the Village of Tequesta, Chapter 355, Appendix A, • Special Master Hearing February 27, 2003 Page 4 Recreational/Commercial Parking, Section X-L (2), Page 1184 The Respondent, Kirk Bielski, was present at the hearing. The Tequesta Code Enforcement Officer testified that the Respondent is no longer in violation. Conclusion of law was that Respondent is no longer in violation of Ordinance 355, Appendix A, Section X-L(2) of the Code of Ordinances of the Village of Tequesta. Special Master Paulette Torcivia ordered that Respondent's fine shall be reduced to seventy five dollars ($75.00). This amount shall be paid by the 20tH day of March, 2003, or the original fine of one hundred fifty dollars ($150.00) will be reinstated. If Respondent, Kirk Bielski, is found in repeat violation of Ordinance 355, Appendix A, Section X-L(2) of the Code of Ordinances of the Village of Tequesta a fine of one hundred dollars ($100.00) per day shall be assessed. U C. Fine Imposition Hearing Case No. 03-89561 Thomas and Mary Raiford 227 Fairway East Tequesta, FL 33469 Repeat Violation of Code of Ordinances of the Village of Tequesta #464, Section X-L (3), Page 1185, R-1- A Zone The Respondents, Thomas and Mary Raiford, 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 was that Respondents are in violation of Ordinance #464, Section X-L (3), Page 1185, R-1-A Zone of the Code of Ordinances of the Village of Tequesta. Special Master Torcivia ordered that Respondents, Thomas and Mary Raiford, • shall immediately comply with Ordinance #464, Section X-L (3), Page 1185, R-1-A Zone of the Code of Ordinances of the Village of Tequesta. A fine of one hundred fifty dollars ($150,.00) is hereby assessed for the violations that Special Master Hearing January 23, 2003 Page 5 have existed. The fine is imposed for violations that have occurred on September 28, 2001, January 21, 2003 and January 30, 2003. Fifty Dollars ($50.00) will be assessed for each day of violation for a total of one hundred fifty dollars ($150.00). Said fine shall be paid by March 20, 2003 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. Status Hearings: None E. Foreclosure Authorization: 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 •