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VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
October 23, 2008
PRESENT: Special Master Jennifer Hunecke; Code Enforcement Officer Joe Petrick,
Village Attorney Keith Davis, Recording Secretary Betty Laur.
The hearing was called to order at 10:00 A.M.
Code Enforcement Special Master Hunecke approved the September 25, 2008 Special
Master Code Enforcement Hearing minutes.
The following cases were heard by the Special Master:
Fine Assessment Hearing(s)
• Case No. 2008-00270 Robert Davis
363 Maple Ave
Tequesta, FL 33469
PC N : 60-42-40-25-06-023-0040
The Respondent, Robert Davis, was present at the hearing, and, there was a finding of
proper notice. Tequesta Code Enforcement Officer Petrick testified to and produced
photos of the ongoing violations between October 6, 2008 and October 21, 2008. The
entire Code Enforcement file was entered into the record.
Conclusion of law was the Respondent was in violation of Chapter 30, Article II, Section
30-33 of the Code of Ordinances of the Village of Tequesta, and the property was
brought into compliance on October 21, 2008.
Sp I Master Hunecke ordered that a fine of $25 is hereby assessed for the violation
..,
tha~fh s~ xisted. The fine totals $375.00 and is imposed for the period from October 6,
20 8th ough October 20, 2008.
Respondent shall be assessed $211.19 for administrative costs to be paid in full by the
3~d day of November, 2008.
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 Chapter162, Florida Statutes, for the
original amount.
•
Special Master Hearing
October 23, 2008
Page 2
Repeat Violation Hearing(s)
Case No. 2008-00297
John McCaffrey
454 Tequesta Drive
Tequesta, FL 33469
PC N : 60-42-40-25-06-022-0010
Prohibited Property Conditions
Chapter 30 Article II Section
30-33
R1 (Parking) Violation
Chapter 78 Article IX Section
78-643
The Respondent, John McCaffrey, was present at the hearing along with his neighbor
Kathy, and there was a finding of proper notice. Tequesta Code Enforcement Officer
• Petrick testified to and produced photos of the repeat violation of Section 30-33. He
testified that the violation of Section 78-643 was brought into compliance. The entire
Code Enforcement file was entered into the record. Respondent John McCaffrey
testified that he had repaired the fence and that he did not receive notice of the violation
until the property was posted on October 13, 2008.
Conclusion of law was the Respondent is in violation of Chapter 30, Article II, Section
30-33 of the Code of Ordinances of the Village of Tequesta.
Special Master Hunecke ordered that Respondent, John McCaffrey, shall immediately
bring the property into compliance with Section 30-33 and request a re-inspection of the
property.
A fine of $25.00 per day is hereby assessed for the repeat violation that has existed.
The fine is imposed beginning October 13, 2008 for the violation that exists.
The Respondent shall be assessed $263.92 for administrative costs to be paid within
ten days of the date of the Special Master's order.
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 Chapter162, Florida Statutes, for the
• original amount.
Case No. 2008-00284 Mark Peterson
305 Fairway North
Tequesta, FL 33469
•
Special Master Hearing
October 23, 2008
Page 3
PCN: 60-42-40-26-01-000-2410
R1A (Parking) Violation
Chapter 78 Article IX
Section 78-642
The Respondent, Mark Peterson, was present at the hearing, and there was a finding of
proper notice. Tequesta Code Enforcement Officer Petrick testified to and produced
photos of the repeat violation of Section 78-642. He testified that the repeat violation of
Section 78-642 was first cited on September 19, 2008 and was brought into compliance
on October 13, 2008. The entire Code Enforcement file was entered into the record.
Respondent Mark Peterson testified that he lost some of the magnets for the van and
that he requested that his employer order him more. While waiting for his employer's
response, he purchased the magnets himself and brought the van into compliance with
Section 78-642.
Conclusion of law was the Respondent is in repeat violation of Section 78-642 of the
• Code of Ordinances of the Village of Tequesta.
Special Master Hunecke ordered that a fine of $25 per day is hereby assessed for the
repeat violation that has existed. The fine is imposed beginning on September 19, 2008
and ending on October 13, 2008, for the violation that existed.
The Respondent shall be assessed $221.92 for administrative costs to be paid within
ten days of the date of the Special Master's order.
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 Chapter162, Florida Statutes, for the
original amount.
Violation Hearings
Case No. 2008-00164 JMZ Properties
John Zuccarelli
1 Main Street/250 Tequesta Drive
Tequesta, FL 33469
PCN : 60-43-40-30-47-003-0000
• Prohibited Structures, Trailers ect.
Chapter 78 Article IX Section 78-612
This case was continued by the Special Master to the December 18, 2008 Hearing to be
held at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta
Drive, Tequesta, Florida.
C
Special Master Hearing
October 23, 2008
Page 4
Case No. 2008-00272
•
Angela Frisby
435 Beacon Street
Tequesta, FL 33469
PC N : 60-42-40-25-06-022-0270
R1 (Parking) Violation
Chapter 78 Article IX Section 78-643
This case had complied and was removed from the agenda by the Village of Tequesta.
Case No. 2008-00242
Jason Kresser
415 Beacon Street
Tequesta, FL 33469
PC N : 60-42-40-25-06-022-0220
R1 (Parking) Violation
Chapter 78 Article IX Section 78-643
This case had complied and was removed from the agenda by the Village of Tequesta.
Case No. 2008-00258
Deborah Dreyer
324 Leigh Road
Tequesta, FL 33469
PC N : 60-43-40-30-04-037-0030
Prohibited Property Conditions
Chapter 30 Article II
Section 30-33
The Respondent, Deborah Dreyer, was not present at the hearing; however, there was
a finding of proper notice. Tequesta Code Enforcement Officer Petrick testified to and
produced photos of the violation. He indicated that the property appears to be
abandoned. The photographs indicated extensive overgrowth of weeds that could
breed rodents, vermin, and snakes; and that could be a breeding ground for
mosquitoes. The entire code enforcement file was entered into the record.
Conclusion of law was the Respondent is in violation of Section 30-33 of the Code of
Ordinances of the Village of Tequesta. The conditions that the violation presents are a
• serious threat to the public health, safety, and welfare.
Special Master Hunecke ordered that Respondent Deborah Dreyer shall comply with
Section 30-33 of the Code of Ordinances of the Village of Tequesta by the 3~d day of
November, 2008.
C
Special Master Hearing
October 23, 2008
Page 5
If the Respondent does not comply within the time specified, a fine of up to $250 per
day may be assessed for each day the violation continues to exist.
If the Respondent does not comply within the time specified, the Village has the
authority to abate the serious condition and to charge the Respondent with the
reasonable costs of abatement along with the fine.
Respondent shall be assessed $251.92 for administrative costs to be paid in full by the
3`d day of November, 2008.
Future violations of the aforementioned code sections may be considered a repeat
violation for which a fine of up to $500.00 per day may be imposed beginning on the
date the violation begins.
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 Chapter162, Florida Statutes, for the
original amount.
Foreclosure Authorizations -None
Fine Reduction Hearing(s)
Case No. 2008-00178 Nancy, Edward and Stewart Jones
250 Beach Road #402
Tequesta, FL 33469
PCN: 60-43-40-31-12-000-4020
Tequesta, FL 33469
Dogs Running at Large
Chapter 10 Article II
Section 10-34
Respondent's son, Edward Jones, was present at the hearing and has requested a
reduction on fine. Mr. Jones testified that his mother owns the condominium; she
suffers from dementia, and he has a Power of Attorney over her affairs. Mr. Jones'
letter requesting the abatement of the fine was entered into the record along with the
entire code enforcement file. Mr. Jones explained that the delay in complying the
violations was due, in part, to his and his brother's absence from the state (both live out
• of state), his mother's illness, and confusion as to what actions were needed to bring
the violation into compliance. He testified that he made several calls to the Village to
speak with staff regarding compliance; and both he and his brother Stewart Jones,
traveled to Tequesta for extended periods in order to bring the property into compliance.
•
Special Master Hearing
October 23, 2008
Page 6
Code Enforcement Officer Petrick testified that there are no previous violations at the
property; the violation was serious as it could have involved the safety of persons in the
condominium unit and other units; and during the course of obtaining compliance, the
Village's efforts to inspect the property on at least 5 occasions were frustrated by the
lack of a local family member being present and/or a lack of the permission of the family
to conduct the inspections. The Village did not agree to a reduction in fine.
Conclusion of law was Respondent is no longer in violation of the above listed code
sections of the Code of Ordinances of the Village of Tequesta and no other violations
were brought to the undersigned's attention
Special Master Hunecke ordered that Respondent's fine shall be reduced from $7,800
to $3,900, to be paid in full within 30 days of the date of this order or the original fine of
$7,800 shall be reinstated. The Village shall retain all application, administrative, and
re-inspection fees, if any.
• Adjournment
There being no further cases, the meeting was adjourned at 11:30 a.m..
Respectfully submitted,
G~
J c..~,~y
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Betty Laur
Recording Secretary
ATTEST:
Officer
APP
Special
Date
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