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HomeMy WebLinkAboutMinutes_Special Master_02/26/2009VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES February 26, 2009 PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, Village Attorney Keith Davis, Recording Secretary Betty Laur. The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Minutes of the December, 2008 Special Magistrate Hearing were approved by the Special Master after the cases were heard. The following cases were heard by the Special Master: Status Hearings Case Number 2008-00293 Tequesta Gardens Condominium Association Registered Board Members, Juanita Sweet, Vincent Onorato, Edward Chermark, Frank Bozycko 10 Westwood Avenue Tequesta, FL 33469 PC N: 60-42-40-25-15-000-0040 Chapter 14 Article VI Section 14-152 Building Pertmits Findings of fact were that Respondent was not present at the hearing; however, there was a finding of proper notice of the violation and the hearing. The parties are resolving this matter and requested that the case be continued to the March 26, 2009 agenda. Special Master Wagner ordered that this matter is continued to the March 26, 2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Case Number 2008-00326 Tequesta Country Club Association Registered Board Members, Walter Downey William Beeche, Marbeth Newman, Douglas Fausher, Loraine Rogers Special Master Hearing February 26, 2009 Page 2 PO Box 3306 (201 Country Club Drive) Tequesta, FL 33469 PCN: 60-42-40-26-01-000-1760 Chapter 14 Article VI Section 14-154 Electrical Permits Respondent William Beeche was present at the hearing. The Village Attorney stated this case was now in compliance and the file was declared closed. Violation Hearings Case Number 2009-00019 Jason Kresser 415 Beacon Street Tequesta, FL 33469 PCN: 60-42-40-25-06-022-0220 Chapter 78 Article IX Section 78-643 R1 (Parking) Violation Findings of fact were that the Respondent is the owner for the above-described property. The Respondent was not present at the hearing; however there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photos of the violation. r-,. Conclusion of;~;~aw was the above-stated facts constitute a violation of Chapter 78 Article IX Sect~n 78-643 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that the Respondent is hereby ordered to comply with Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta within seven (7) days from the date of this Order. A fine assessment hearing is hereby scheduled for March 26, 2009 at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Should Respondent violate the same Section of the Code again, he may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Respondent shall be assessed $225.44 for administrative costs to be paid immediately. Case Number 2008-00328 Special Master Hearing February 26, 2009 Page 3 FL1/Paula Bielski 479 Seabrook Road Tequesta, FL 33469 PC N: 60-42-40-25-00-000-5320 Chapter 30 Article II Section 30-33 Prohibited Conditions Findings of fact were that the Respondents are the owners of the above-described property. The Respondents were not present at the hearing, however; there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photos of the violation. Conclusion of law was the above-stated facts constitute a violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta and such violation constitutes a serious threat the health, safety and welfare of the public. Special Master Wagner ordered that Respondents shall comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta immediately. Furthermore, pursuant to §§162.06(4) and 162.09(1), f.s., the Village of Tequesta is hereby authorized to enter upon the property and abate the health, safety and welfare violations if respondent has failed to do so after one week from the rendering of this order. Such authorization does not create a continuing obligation on the part of the village to make further repairs or to maintain the property. A fine assessment hearing is hereby scheduled for March 26, 2009 at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Should Respondents violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Respondents shall be assessed $480.06 for administrative costs to be paid immediately. Additionally, any costs incurred by the Village to abate the health, safety and welfare violation shall be assessed against Respondents. Additionally, a fine in an amount not to exceed $250.00 per day may be imposed against Respondents if Respondents fail to comply with this Order. Case Number 2009-000007 Village Square Shopping Plaza CC Realty Advisors LTD Vice President Frank Banko Merlin, Hunter, Codman, Inc. Special Master Hearing February 26, 2009 Page 4 Senior Property Manager, Christina Yates 219-289 US HWY 1 Tequesta, FI 33469 PC N : 60-43-40-30-05-000-0907 Chapter 78 Article IX Section 78-745 Prohibitions in all zoning categories (Outdoor Displays of Advertising) Findings of fact were Respondents are the owners of the above-described property. The Respondents were present and represented by Ms. Christina Yates; there was a finding of proper notice. Eric Miller of On Site Computer Services, Anthony Antelli of Classic Furnishings and Majed Hamden of Metro PCS also appeared. The Tequesta Code Enforcement Officer testified to and produced photos of the violation. Ms. Yates, Mr. Miller, Mr. Antelli and Mr. Hamden testified. Ms Yates acknowledged the existence of the violation as well as the Respondent's current efforts to achieve compliance. Conclusion of law was that the above-stated facts constitute a violation of Chapter 78 Article IX Section 78-745 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondents to comply with Chapter 78 Article IX Section 78-745 of the Code of Ordinances of the Village of Tequesta within 14 days of the date of this Order. A status hearing is hereby scheduled for March 26, 2009 at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Should Respondents violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Respondent(s) shall be assessed $394.44 for administrative costs to be paid immediately. Case Number 2009-00017 Elizabeth McCardle 48 Laurel Oaks Circle Tequesta, FL 33469 PC N : 60-43-40-30-42-000-1300 Chapter 78 Article IX Section 78-283 Broadcast, receiving, communication antennas This case was withdrawn by the Village. Special Master Hearing February 26, 2009 Page 5 Case Number 2009-00015 Scott Worsley 358 Cypress Drive Tequesta, FL 33469 PCN: 60-43-40-30-03-001-0050 Chapter 78 Article VI Section 78-178 C-3 General Commercial District Findings of fact were the Respondent is the owner of the above-described property. The Respondent Scott Worsley was present at the hearing. A representative of Respondent's tenant was also present. The Tequesta Code Enforcement Officer testified to and produced photos of the violation. Mr. Jim Humpage also testified to the existence of the violation. Mr. Worsley and the representative of Mr. Worsley's tenant also testified. Conclusion of law was that the above-stated facts constitute a violation of Chapter 78 Article VI Section 78-178 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to comply with Chapter 78 Article VI Section 78-178 of the Code of Ordinances of the Village of Tequesta within 30 days of the date of this Order. A fine assessment hearing is hereby scheduled for March 26, 2009 at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. \Respondent(s) shall be assessed $219.44 for administrative costs to be paid immediately. Case Number 2008-000364 Fashion Mall SLO-ML LLC Property Manager, John Isleb 150 USHWY1 Tequesta, FL 33469 PCN: 60-43-40-30-00-003-0070 Special Master Hearing February 26, 2009 Page 6 3 Violations Chapter 78 Article XI Section 78-744 Unsafe, unlawful or nonconforming signs Chapter 78 Article XI Section 78-745 Prohibitions in all zoning categories Chapter 78 Article XI Section 78-748 Maintenance required Finding of fact was Respondents are the owners of the above-described property. The Respondent was present at the hearing and was represented by Mr. John Isleb; there was a finding of proper notice. As of the hearing on February 26, 2009, based on testimony and photographs presented by code enforcement officer and by Mr. Isleb, the property was in compliance with Chapter 78 Article IX Section 78-744, Section 78-745 and Section 78-748 of the Code of Ordinances of the Village of Tequesta, but had not achieved compliance within the time specified in the Notice of Violation. Conclusion of law was that the above-stated facts constitute a violation of Chapter 78 Article IX Section 78-744, Section 78-745 and Section 78-748 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondents to continue to comply with Chapter 78 Article IX Section 78-744, Section 78-745 and Section 78-748 of the Code of Ordinances of the Village of Tequesta. Should Respondents violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Respondents shall be assessed $353.73 for administrative costs to be paid immediately. Case Number 2009-000013 JMZ Properties John Zuccarelli 1 Main Street/ 250 Tequesta Drive Tequesta FL, 33469 PC N : 60-42-40-25-45-000-0530 10 Violations Chapter 30 Article II Sections 30-32 and 30-33 Declaration of a nuisance and prohibited property conditions Special Master Hearing February 26, 2009 Page 7 The Village Attorney advised that Chapter 30, Article IX Section 30-331, Prohibited Declaration of nuisance, had been cited in error; therefore, this violation was removed. Chapter 78 Article IX Section 78-399 (Non-working) Irrigation Chapter 78 Article IX Section 78-400 Interior landscaping of parking areas Chapter 78 Article IX Section 78-401 Planting strip for parking area abutting other parking area Chapter 78 Article IX Section 78-404 Percentage of landscape required Chapter 78 Article IX Section 78-405 Landscaping around principal structures Chapter 78 Article IX Section 78-395 Perimeter planting strip required Findings of fact were that Respondent, JMZ Properties/John Zuccarelli, was not present at the hearing; however, there was a finding of proper notice of the violation and the hearing. The parties are continuing to attempt to resolve this matter and requested that the case be continued to the March 26, 2009 agenda. Special Master Wagner ordered that this matter is continued to the March 26, 2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Chapter 78 Article IX Section 78-612 Prohibited structures, trailers etc. Chapter 30 Article IX Section 30-331 Prohibited: Declaration of nuisance Findings of fact were that Respondent is the owner of the above-described property. The Respondent 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 the above-stated facts constitute a violation of Chapter 78 Article IX Section 78-399, Section 78-400, Section 78-401, Section 78-404, Section 78-405 and Section 395 and Chapter 30 Article II Sections 30-32 and 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that Respondent is hereby ordered to comply with Chapter 78 Article IX Section 78-399, Section 78-400, Section 78-401, Section 78-404, Section 78-405 and Section 395 and Chapter 30 Article II Sections 30-32 and 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Hearing February 26, 2009 Page 8 A fine assessment hearing is hereby scheduled for March 26, 2009 at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Respondent shall be assessed $339.73 for administrative costs to be paid immediately. Fine Assessment Hearings -none Repeat Violation Hearings -none Foreclosure Authorizations -none Fine Reduction Hearings -none A Journment There being no further cases, the meeting was adjourned at 11:25 a.m.. Respectfully submitted, .{ v, Be ttY Recording Secretary ATTEST: 31~~10~ Date Approved