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HomeMy WebLinkAboutDocumentation_Special Master_Tab 08_03/26/2009No Text No Text 77' Fl- " vok im� No Text �. �#, P_ �I#tR. ��/' -�• i ik9 2..R Y ?"'4491R G. '" � 'y�f Af:.3�'X �?�. "1� Y+r.,�-.. ,x'�;s�'>'f �+-.• • 'sue, ;y.a -��:- >r�r . WIN •r.�.,,a_+.; _ ,."' '': :;. b•�� eT Y ;�@xiyS�` � - ' Y - � +•La �'. d �k ` JP �' �'i@' Wg .y� - . a. .'art' _ • .-€.,� 3..� ���'�-���fsi3i' .n�+.��.�":. � , #w } ��- '�. ��.�,+LY, . '.j. ;x� Sidi �•'.�` ���eb?�r....i. �"z' + 3^�' .< ., it Mar 20 2009 12:30 ~'MZ PROPERTIES 7481830 p.l 109 Teq~ Dr., Tequsate, FI. 33489 Phans 91-661-748-8683 F~ 91-561,712-2090 ~~ f~: . S Z.5 ` ~.2 a 3 P~ ~ rem ,~..~ ,¢~-sc~.a~~ orwea ,3~~/0 `J ~$ -DOf G~( D urg.nt C] For maw ^ Pfaa~ corr~..ent D pt.ww IR.phr O P~ ~lyde ~~;~~- MAR-21~-2009 11:44AM FAX:5617481830 ID: PAGE:001 R=94: Mar 20 2009 12:30 ~Z PROPERTIES 5481830 JMZ Tequesta Properties, Inc. John M. Zuccarelli 104 Lighthouse Drive Jupiter Inlet Colony, F1. 33469 (5b 1) 262-3321 ph. (561) 222-2030 fax Mr. Kevin Wagner, Special Magistrate Village of Tequesta, Code Compliance 345 Tequesta Dr. Tequesta, F7.334b9-0273 Re: Case #2008-00164 Dear Ivir. ~IVagner, I need to request a postponement of the March 26"' hearing on this case. I was just told today that there is a meeting at the same time at Jupiter Inlet Colony town ha]I to prepare for a meeting that the Colony has with the Village of Tequesta, on another matter. As ?Mayor of the Colony, my attendance is required. With the exception of Friday, April 3'~, I will be available for s re-scheduled rnecting at the Village. I hope you ate able to help me out with this. Best Regards, )ohn M. Zuocsreili, III p.2 MAR-20-2009 11:44AM FAX:561748183[~] ID: ~ PAGE:002 R=94% USPS -Track & Confirm trttp://trkctttrmt .smt.usps.cotnrr 1 smoernetwenimteri.a~tmqutry.ao • Search ReSUIts Label/Receipt Number: EH63 5178 901 U S Status: Delivered Your item was delivered at 2:43 PM on March 14, 2009 in JUPITER, FL 33469. The item was signed for by L BASTEDIR. Aridirrunal D~rta~ls ~ Rcrurn to USPS.eorn Nurne - Track & Confirm Enter LabeUReceipt Nurt~er. `Go> Nati~fieatiDO ilptions Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gu } Proof of Delivery Verify who signed for your item by email, fax or mail. Go Site Mao Contact Us Forms Gov't Services ,bbs Privacy Policv Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Terms of Use National & Premier Accounts 1 of 1 3116120t}3 10:12 AM TEOUESTA POSTAL STORE JUPITER, Florida 334692344 1169180421 -0096 )3/13/2009 (800)275-8777 02:06:31 PM Sales Receipt Product Sale Unit Final ]escription Oty Price Price ]UPITER FL 33469 Zone-O $13.05 Express Mail PO -Add 1.20 oz. Label #: EH635178901US Next Day Noon / Normal Delivery Signature Requested Customer Postage-$13.05 Subtotal: $0.00 Total: $0.00 Paid by: Jrder stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. 3ill#: 1000402572126 'lerk: 11 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: http://gx.gallup.com/pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS **************************************** Customer Copy EHVM35�VIN8901 lMII'�In!II�V�111191�Idllll Day of Delivery Postage Next ❑ 2nd ❑ 2nd Doi. Day $ cheduled Date of Delivery Return Receipt Fee d $ Month Day Scheduled Time of Delivery COD Fee Fee Year Tlosurance d ,Q Noon ❑ 7 PM $ Military Total Postage & Fees ❑ PM ❑ 2nd Day u and Day or v argM ozs. Int'I Alpha Country Code Acreptanca Emp. Initials DELIVERY(POSTALIIIIIII I Delivery Attempt Time ❑ AM Employe ig e ' t� i Mo. Day ❑ PM PO ZIP Code Delivery Attempt Time El AM Em loye Signat F, T Mo. Da Delivery Date Mo. Day ❑ PM Time AM PM Em I SigndtFlh,'," Date Accept Mo. Day - Time Accep _ N Flat Rate ❑ lba ZIP a 4 (U.S. ADDRESSES ONLY. DO NOT USE FOR FOREIGN POSTAL CODES.) • CODE COMPLIANCE DIVISION VILLAGE OF TEQUESTA, FLORIDA MOTION AND NOTICE OF HEARING re: VILLAGE'S MOTION TO CORRECT SCRIVENER'S ERRORS VILLAGE OF TEQUESTA, Petitioner, v. JMZ PROPERTIES, Respondent(s). CASE N0.2009-00013 VILLAGE'S MOTION TO CORRECT SCRIVENER'S ERRORS After being served with the Order Finding Violation in the above styled matter, Respondent contacted the Village's Code Enforcement Division and indicated that the correct name of the entity that owns the subject property in this matter is "JMZ Tequesta Properties, Inc." as opposed to "JMZ Properties" as listed in the Order Finding Violation and the notice documents that have been previously served in the above styled matter. The address that the notices and Order were sent was correct, that being the address listed in the tax collector's records (104 Lighthouse Drive, Jupiter, Florida) and as reflected in the record from the violation hearing in this matter, the notices were actually received by the Respondent. In addition, the Parcel Control Number on the Order Finding Violation is incorrect. The correct PCN should be 60-43-40-30-47-004-0000. WHEREFORE, the Village of Tequesta requests that the Code Enforcement Special Magistrate Reaffirm and ratify that proper notice was sent in this matter and correct the order finding Violation to reflect "JMZ Tequesta Properties, Inc." as the proper name of the respondent and further correct the Parcel Control Number listed on the Order. NOTICE OF HEARING You are hereby formally notified that on the 26th day of March, 2009 at 10:00 a.m. there will be a public hearing at the Village Council Chambers, Village of Tequesta, 345 Tequesta Drive, Tequesta, Florida 33469. This hearing is to address the Village's Motion to Correct Scrivener's Errors as set forth above. Page 1 of 2 You are hereby directed to appear before the Special Magistrate on the above date and time to present any evidence or argument regarding these issues. Failure to appear may result in the Special Magistrate proceeding in your absence. You have the right to obtain an attorney and to have witnesses questioned at the hearing. You may also present evidence at this hearing. All testimony shall be under oath and shall be recorded. By: ~~ e nforcemen fficer Please note: If a person decides to appeal any decision made by the Special Magistrate at the hearing, he/she will need a record of the proceedings and for such purpose, he/she may need to ensure that a verbatim record of the proceeding is made which record includes the testimony and evidence upon which the appeal is to be based. The Village does not provide such a record. Page 2 of 2 0 VILLAGE OF TEQUESTA AFFIDAVIT OF SERVICE 03-13-09 CASE, NO. 2009-0001; DATE LOCATION OF VIOLATION 104 Lighthouse Drive 69 Jupiter Inlet Colony, FI 334 1. Joe Petrick have personally served the attached Notice of (Town Official/Inspector) property described Violation. Notice of Hearing and/or Order by posting same at the €rida Statutes this above and at the Village of Hall in accordance Section 162.12 Fk 13th day of Mardi 2009. z .% ''r' 4 Alftant a € A € r f , rLORIDA )t AN l Y ()F PAI-N! BEACH w NI 1,iC-STA€ c '' F FLC) li)A *Expires: Kathnm A. 3arberamnu Cossion i)538649 Apia. 10, 2010 73 ndc 7tirN "ant3e Bonding co., Inc. No Text (uomesuc man un►y; no insurance coverage Froviaeay ■ For delivery information visit our website at www.usps.comn M _q Postage Certified Fee C3 Return Receipt Fee Postmark (Endorsement Required) Here O Restricted Delivery Fee (Endorsement Required) O _ ru Total Postage & Fees O m Sent To _ lti 1 n 0 Street.Apt_ No.�r_r. L 0 or PO Box No_. City, State, ZIP+4 PS . ,. Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mails or Priority Mail® ■ C9ft Mail is not available for any class of international mail. ■ N URANCE COVERAGE IS PROVIDED with Certified Mail. For valames, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �j[71'(Ai?JuC_CJ�Yi CLL L I OLI L is (�/ C� rlcwS c 1X?L ct:—: '7V1� t2� lvc�Lc�u�.h' F L 3 3.1G9 A. Signature X Ir7 I ❑ Agent B. Receive �by�(Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mall ❑ Registered f1 Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (fransferfrom service label) 7007 3020 0002 0105 8852 PS Form 3811. February 2004 Domestic Return Receipt 102585-02-M-154t UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • TEQUESTA POLICE DEPARTMENT 357 Tequesta Dave Tequesta, FL 33469 • CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION VILLAGE OF TEQUESTA, Petitioeer, v. JMZ PROPERTIES, Respondent(s~ CASE N0.2009-00013 RE: 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. Address: 1 Main Street/250 Tequesta Drive Tequesta, Florida 33469 Legal Description: TEQUESTA VILLAGE CENTER PAR 4 PCN: 602-40-25-45-000-0530 The Special Magistrate appointed by the Village Council to hear code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Special Magistrate Hearing held on the 26~' day of February, 2009 and based on the evidence and testimony presented, the following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDINGS OF FACT 1. The Respondent(s) is/are the owner(s) for the above-described property. 2. The Respondent(s) was not present at the hearing however; there was a finding of proper notice. 3. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation. Page 1 of 2 CONCLUSIONS OF LAW 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. ORDER The Respondent(s) 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 39S and Chapter 30 Article II Sections 30-32 and 30-33 of the Code of Ordinances of the Village of Tequesta. 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 you violate the same Section of the Code again, you 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 $339.73 for administrative costs to be paid immediately. Upon complying in any code compliance matter, it is always the responsibility of the Respondent(s) to contact the Code Compliance Division at (561) 575-3826 to request a reinspection of the property. DONE AND ORDERED THIS 2 day of March, 2009. VILLAGE OF TEQUESTA CODE COMPLI~TCE~ MAGISTRATE SPECIAL MAGISTRATE Filed with Village Clerk Date. Bys Page 2 of 2 CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER GRANTING CONTIlYUANCE VILLAGE OF TEQUESTA, Petitioner, vs. JMZ PROPERTIES, JOHN ZUCCARELLI, Respondent(s~ Case No. 21108-00164 RE: Violation of Section(s) 78-612 of the Code of Ordinances of the Village of Tequesta. Address: 1 Main Street/250 Tequesta Drive Tequesta, Florida 33469 Legal Description: TEQUESTA VILLAGE CENTER PAR 4 PCN: 60-43-40-30-47-004-0000 The Special Magistrate appointed by the Village Council to hear code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 26a` day of February, 2009, and based on the evidence and testimony presented, entered an Order Granting Continuance. The following Findings of Fact and Order are hereby entered: FINDINGS OF FACT 1. The Respondent, JMZ Properties/John Znccarelli, was not present at the hearing; however, there was a finding of proper notice of the violation and the hearing. 2. The parties are continuing to attempt to resolve this matter and requested that the case be continued to the March 26, 2009 agenda. ORDER It is the Order of the Code Compliance Special Magistrate that this matter is continued to the March 26, 2009 agenda, tb be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Page 1 of 2 Upon complying in any code compliance matter, it is alw:ys the responsibility of the Respondent(s) to contact the Code Compliance Division at (561) 575-3826 to request a reinspection of the property. DONE AND ORDERED THIS ~ day of March, 2009. VILLAGE OF TEQUESTA CODE COMPL SPECIAL MAGISTRATE BY:... WAGNERy SPECIAL MAGISTRATE Filed with Vlla,.ge Clerk Date: BY 61~. iYlei~ 16J.[b.Y, Page 2 of 2