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HomeMy WebLinkAboutMinutes_Special Master_10/24/2002TEQUESTA 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 _ .... SPEGIALRMASTE~R CODE ENFOI~CEM~ENT"HEARING .~a _ _._.,..._. _ MINUTES October 24, 2002 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 September 26, 2002 Special Master Hearings as submitted. B. Fine Imposition Hearings: Case No. 02-77118 Steven J. Wille 36 Yacht Club Place Tequesta, FL 33469 Legal : 60-42-40-26-02-0-5990 Violation of Code of Ordinances, Village of Tequesta 464 R-1-A Zone, Section X-L (3) -Restricted Parking Page 1185 The Respondent, Steven J. Wille, 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 is in violation of Chapter 464 R-1-A Zone, Section X - L (3) of the Code of Ordinances of the Village of Tequesta. Special Master Hearing October 24, 2002 Page 2 Special Master Paulette Torcivia ordered that a fine of one hundred dollars ($100.00) shall be assessed for the repeat violation. Said fine shall be paid in full by November 7, 2002. After paying the fine, the Respondent shall notify the inspector of payment. If respondent repeats this violation, a fine of one hundred fifty dollars ($15000) a day may be assessed in accordance with Chapter 464 R-1-A Zone, Section X - L (3) of the Code of Ordinances of the Village of Tequesta. A copy of this Order shall be recorded in the Public Records of Palm Beach . County} .Plonda, and, once recorded, .shall constitute a aien against~the _ -~ 3 _...._ property of the origirial~amourit upon which the violation existed and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes, for the original amount. C. Violation Hearings: Case No. 02-77059 JuliAnn Kovacs 372 Church Road • Tequesta, FL 33469 Legal: Jupiter in the Pines Sec B Lt 3 Blk 32 60-42-40-25-06-032-0030 Violation of Code of Ordinances of the Village of Tequesta Chapter 432 Section 10-26, Page 588, Limbs, Branches Overhanging The Respondent, JuliAnn Kovacs, was present at the hearing. The Tequesta Code Enforcement Officer testified to the violation and introduced photographs of the oak tree. Conclusion of law was that Respondent is not in violation of Chapter 432, Section 10-26 of the Code of Ordinances of the Village of Tequesta. Special Master Paulette Torcivia ordered that Respondent, JuliAnn Kovacs, is not in violation of Chapter 432, Section 10-26. Respondent's neighbor, David R. Smith, may remove any overhanging limbs • that encroach on his property or he may remove the entire. tree as long as the stump and all debris are also removed. October 24, 2002 • Page 3 Case No. 02-77192 Richard Burns d/b/a Rich's South Florida Property 7557 SE Pelican Way Hobe Sound, FL 33455 Legal: Hobe Heights Lot 10 Blk M 34-38-42-017-013-0010.0-4 Violation of Code of Ordinances of ::_ :~_~~ m. _. _.~ ,. the Viliage of Tequesta-Chapter-474 -- -. ~, __ Section 11-24, Page 540, Occupational License Required The Respondent, Richard Burns, was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified that the respondent has not paid the Occupational License tax imposed by the Village of Tequesta and such license is now delinquent beyond 150 days after the initial notice of tax due. • Conclusion of law was that the above stated facts constitute a violation of Chapter 11-24 of the Village of Tequesta's Code of Ordinances and subjects the Respondent to fines and penalties as set forth at Chapter 11-24 FS. Special Master Paulette Torcivia ordered that pursuant to Chapter 11-24, Florida Statutes, Respondent is delinquent in the payment of a required Occupational License tax which was due on October 1, 2001, and has been assessed the maximum delinquency penalty of twenty five percent (24%) of the tax due. Respondent currently owes the. Village of Tequesta $218.75. This tax and penalty remains unpaid and the required occupational license has not been obtained within 150 days after the initial notice of tax due. Accordingly, Respondent is further assessed an administrative cost of $100.00 incurred as a result of collection efforts and total $318.75 payable by November 19, 2002. The Special Master ordered that Respondent pay the required Occupational License Tax in accordance with the above referenced Chapter of the Village Code in addition to the costs and penalties assessed hereinabove. 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 Respondents, pursuant to Chapter 162, Florida Statutes, for the original amount. Special Master Hearing • October 24, 2002 Page 4 Case No. 02-79924 Lady Bug Lawn Care 1015 10th Street Lake Park, FL 33403 Legal: Kelsey City Lts 19 to 30 Inc Blk 76 36-43-42-20-01-076-0190 Repeat Violation of Code of Ordinances of the Village of Tequesta Chapter 474, Section 11-24, Page 640, Occupational License Required The Respondent was not present at the hearing; however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified that the respondent has not paid the Occupational License tax imposed by the Village of Tequesta and such license is now delinquent beyond 150 days after the initial notice of tax due. Conclusion of law was that the above stated facts constitute a violation of Chapter 11-24 of the Village of Tequesta's Code of Ordinances and subjects the Respondent to fines and penalties as set forth at Chapter 11-24 FS. Special Master Paulette Torcivia ordered that pursuant to Chapter 11-24, Florida Statutes, Respondent is delinquent in the payment of a required Occupational License tax which was due on October 1, 2001, and has been assessed the maximum delinquency penalty of twenty five percent (25%) of the tax due. Respondent currently owes the Village of Tequesta $218.75. This tax and penalty remains unpaid and the required occupational license has not been obtained within 150 days after the initial notice of tax due. Accordingly, Respondent is further assessed an administrative cost of $100.00 incurred as a result of collection efforts and total $318.75 payable by November 15, 2002. The Special Master ordered that Respondent pay the required Occupational License Tax in accordance with the above referenced Chapter of the Village -Code in addition to the costs and penalties assessed hereinabove. 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 respondents, pursuant to Chapter 162, Florida Statutes for the original amount. • October 24, 2002 Page 5 Case No. 02-74380 Tequesta Business Associates 250 Tequesta Drive Tequesta, FL 33469 Legal: 30-40-43, Wly 200.25 ft as meas Alg S Li of Tequesta Dr etc. so-43-4o-3aoaooo-7o4s _: .,~:.a,s::. ~.,w,. .. _:.e Violation of Code of Ordinances of the Village of Tequesta Chapter 511, Section 4-7(a) Page 257, Animals Creating Nuisance The Respondent was not present at the hearing., however, there was a finding of proper notice. The Special Master gave permission to amend the violation to include the health and safety ordinance, and requested that a copy of the ordinance be sent to her office. A Village employee testrfied that birds had not been heard in the office for 3-4 weeks since the workers had been there. • Special Master Torcivia set this case for a status hearing on January 23, 2003. D. Status Hearing: Case No. 02-75821 CE-02-03-13 C E-02-04-31 Frank & Mary Merola 112 Fairview West Tequesta, FL 33469 Legal: Tequesta LTR 551 60-42-40-26-01-000-5510 Violation of Code of Ordinances of the Village of Tequesta Chapter 466, Section 6-3(a)(b) and Section 1 a 18(a)(b(c), Page 582, Unlawful Growth The Respondents, Frank and Mary Merola, were 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 violations. Neighbors to the property testified to the violation. Special Master Hearing • October 24, 2002 Page 6 Special Master Paulette Torcivia ordered that Respondents, Frank and Mary Merola, Shall comply with of Section 6-3(a)(b) and Section 10-18(a)(b)(c) of the Code of Ordinances of the Village of Tequesta by the 30th day of October, 2002. If Respondents do not comply within the time specified, a fine of one hundred dollars ($100.00) per day shall be assessed for each day the ...violations continue 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 Respondents, pursuant to Chapter 162, Florida Statutes, for the original amount. Conclusion of law was that Respondents are in violation of Section 6-3(a)(b) and Section 10-18(a)(b)(c) of the Code of Ordinances of the Village of Tequesta. E. Fine Reduction Hearing • Case No. 01-11008 Robert J. Kraft and Gordon Ripma 48 Coconut Lane Tequesta, FL 33469 • Legal: 60-43-40-30-40-000-0120 60-43-40-30-40-000-0130 The Respondents, Robert J. Kraft and Gordon Ripma, were present at the hearing. The parties agreed to a reduction in fine. Conclusion of law was that Respondents are no longer in violation of Section X-Appendix A-(K) 1 (a)(b)(c) of the Code of Ordinances of the Village of Tequesta. Special Master Torcivia ordered that the Respondents' fine shall be reduced to two thousand dollars ($2,000.00). This amount shall be paid by the 15th day of November, 2002, or the original fine of five thousand three hundred dollars ($5,300.00) will be reinstated. Case No. 0274344 Hugh M. Evans and Thomas Raiford 227 Fairway East Tequesta, FL 33469 ,r 01/.1612003 10:22 5615756214 • October 24, 2002 U Page 7 TEC~IJESTA PD PAGE 08 Lspel: T In P!! Z.'i P~ 7 X015 Mc. 60-42-40,26.01-00 The Respor~ents Hugh M. Evans ark Thomas Ral(+~d, were rs3t present at the hearing. Special Master Torc~via announced mat she would rat entertain a fine redudbn whhout respondents present, however, respondents would be ... _,a ._.. gh~, an oppord~nify to rerun,-one m~e tine. F. Forecbsure Author¢ation: None The meeting was adjoixned st 11:32 A.M. • `~ ~~c~~ ae~orokp s.aan ATTEST: • 6 • October 24, 2002 Page 7 The Respondents Hugh M. Evans and Thomas Raiford, were not present at the hearing. Special Master Torcivia announced that she would not entertain a fine reduction without respondents present, however, respondents would be given an opportunity to return one more time. F. Foreclosure Authorization: None • The meeting was adjourned at 11:32 A.M. ATTEST: Legal: Tequesta in PB 25 Pgs 7 to i5 Inc. 60-42-40-26-01-000-2360 Respectfully submitted, Betty l-aur Recording Secretary Special Master Date Approved •