HomeMy WebLinkAboutMinutes_Special Master_03/26/2009VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
March 26, 2009
PRESENT: Special Master Kevin Wagner; Code Enforcement Officers Joe
Petrick and Joe Fabiano, 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 February, 2009 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
P C N : 60-42-40-2 5-15-0 00-0040
Chapter 14 Article VI Section 14-152
Building Permits
Village Attorney Davis announced this case had complied and was removed from
the agenda.
Case Number 2009-000007
Village Square Shopping Plaza
CC Realty Advisors LTD
Vice President Frank Banko
Merlin, Hunter, Codman, Inc.
Senior Property Manager, Christina Yates
219-289 US HWY 1
Tequesta, FI 33469
PCN: 603-40-30-05-000-0907
Tequesta Special Master Hearing Minutes
March 26, 2009
Page2of9
Legal: Waterway Village Lot A
Chapter 78 Article IX Section 78-745
Prohibitions in all zoning categories
(Outdoor Displays of Advertising)
Findings of fact were that Respondents are the owners for the above-described
property. The Respondents were present, represented by Ms. Christina Yates;
there was a finding of proper notice. The Tequesta Code Enforcement Officer
testified to and produced photos of the remaining violation, which was comprised
of one improperly parked vehicle (Classic Furnishings) and outdoor merchandise
displays (Classic Furnishings). Ms. Yates testified and explained that the
property owners are working diligently with all tenants to bring the property into
compliance. Ms. Yates also testtfied that the Classic Furnishings vehicle has, as
of this date, been moved, and that the tenant was advised that outdoor
merchandise displays would be confiscated by management.
Conclusion of law was the above-stated facts constitute a continuing 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
immediately.
A fine assessment hearing is hereby scheduled for April 23, 2009 at 10:00 a.m.
at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469. A fine of up to $250.00 per day may be assessed for each day the
violation continues beyond the date originally set for compliance.
Should Respondents violate the same Section of the Code again, Respondents
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.
Repeat Violation Hearings
Case Number 2009-00032
Lori (Masers) Howard
10 Shay Place
Tequesta Special Master Hearing Minutes
March 26, 2009
Page3of9
Tequesta, FL 33469
P C N : 60-42-40-25-00-000-5280
Legal: 250-42, S 130 FT of N 390 FT OF E 79.37 FT OF W 476.25
FT OF NE '/ OF SE %4 (LESS N 10 FT SHAY PL R/U1n
Chapter 10 Article II Section 10-34
Dogs running at large
Findings of fact were that Respondent was present at the hearing through her
husband, Cornelius Howard, and there was a finding of proper notice of the
repeat violation and the hearing. Officer Joe Fabiano testified to the existence of
the violation. Specifically, Officer Fabiano saw the dog at large and saw Mr.
Howard collect the dog back onto his property. Mr. Howard testified and
acknowledged that his dog had been at large, but that the violation only lasted a
few minutes. Based upon evidence presented, the property is in violation of
Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of
Tequesta. The record reflects that the same respondent was in violation of the
same code provision at the same property in December of 2008. As such, this is
a repeat violation.
Conclusion of taw was that, based on the above-stated facts, Respondent is in
repeat violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances
of the Village of Tequesta.
Special Master Wagner ordered that the Respondent shall comply with Chapter
10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta
immediately. A fine is hereby assessed for this repeat violation in the amount of
one hundred dollars ($100.00}. In addition, administrative costs in the amount of
two hundred nine dollars and seventy three cents ($209.73) are hereby assessed
for this hearing.
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 upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Fine Assessment Hearings
Case Number 2009-00019
Jason Kresser
415 Beacon Street
Tequesta, FL 33469
Tequesta Special Master Hearing Minutes
March 26, 2009
Page 4 of 9
P C N : 602-40-25-06-022-0220
Legal: JUPITER IN THE PINES SEC B LT 22 BLK 22
Chapter 78 Article IX Section 78-643
R1 (Parking) Violation
Findings of fact were that Respondent was not present at the hearing; however,
there was a finding of proper notice of the violation and of the hearing. Officer
Petrick testified that the property came into compliance on March 5, 2009.
Officer Petrick further testified that the Respondent has not paid the
administrative costs assessed in the Order Finding Violation in the amount of
$225.44.
Conclusion of iaw was that based on the above-stated facts, Respondent was in
violation of Chapter 78 Article IX Section 78-643 of the Code of Ordinances of
the Village of Tequesta, but has brought the property into compliance in
accordance with the Order Finding Violation dated March 2, 2009 in this case,
but has failed to pay the previously assessed administrative costs.
Special Master Wagner ordered that Respondent shah continue to comply with
Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of
Tequesta. It is further ordered that administrative costs for this case in the
amount of $225.44, previously assessed in the Order Finding Violation, shall be
paid to the Village of Tequesta immediately.
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 upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Case Number 2008-00328
FL1/Paula Bielski
479 Seabrook Road
Tequesta, FL 33469
PCN: 60-42-40-25-00-000-5320
Legal 25-40-42, N 130 FT OF W 635 FTOF NE 1/4 OF SE'/4
(LESS N 117 FT OF E 25 FT OF W 555 FT & ELY 46.04 FT R/W
SEABROOK
Chapter 30 Article II Section 30-33
Prohibited Conditions
Findings of fact were that the Respondents, were not present at the hearing;
however, there was a finding of proper notice of the violation and of the hearing.
Tequesta Special Master Hearing Minutes
March 26, 2009
Page 5 of 9
Officer Petrick testified to the ongoing violation and produced photographs
depicting same.
Conclusion of law was that, based on the above-stated facts, Respondents
remain in violation of Chapter 30 Article II Section 30-33 of the Code of
Ordinances of the Village of Tequesta.
Special Master Wagner ordered that a fine be assessed for this continuing
violation in the amount of two hundred fifty dollars ($250.00) per day, beginning
March 9, 2009 and continuing until compliance is achieved. In addition,
Respondents shall pay the administrative costs of $480.06 which were previously
assessed at the violation hearing and administrative costs of $286.40 which are
assessed for this hearing. These fines and costs shall be paid immediately.
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 upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Case Number 2009-00015
Scott Worsley
358 Cypress Drive
Tequesta, FL 33469
PCN: 60-43-40-30-03-001-0050
Legal: JUPITER IN THE PINES SEC C LT 5 BLK 1
Chapter 78 Article VI Section 78-178
C-3 General Commercial District
Village Attorney Davis announced this case had complied and was removed from
the agenda.
Case Number 2009-000013
JMZ Properties
John Zuccarelli
1 Main Street/ 250 Tequesta Drive
Tequesta FL, 33469
PCN : 60-42-40-25-45-000-0530
Legal: 30-40-43, WLY 200.25 FT AS MEAS ALG S LI OF
TEQUESTA DR OF TH PT OF SW % E OF PROPOSED
NEW RNV OF OLD DIXIE
Tequesta Special Master Hearing Minutes
March 26, 2009
Page 6 of 9
9 Violations
Chapter 30 Article II Sections 30-32 and 30-33
Declaration of a nuisance and prohibited property conditions
Chapter 30 Article IX Section 30-331
Prohibited: Declaration of nuisance
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 Tequesta Properties, Inc./John
Zuccarelli, was not present at the hearing; however, there was a finding of proper
notice of the violation and the hearing. This matter was noticed for a fine
assessment hearing on March 26, 2009. Prior to the hearing, the Respondent
requested in writing that the fine assessment hearing be continued due to a
scheduling conflict. The Village had no objection to continuing this matter until
the April 23, 2009 agenda.
Special Master Wagner ordered that this matter be continued to the April 23,
2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Violation Hearings
Case Number 2009-00025
Sarah Tefft
295 Country Club Drive
Tequesta, FL 33469
P C N: 6 0-42-40-26-01-000-2110
Legal: TEQUESTA LT 211
Chapter 78 Article IX Section 78-644
R1-A (Parking) Violation
Tequesta Special Master Hearing Minutes
March 26, 2009
Page7of9
Findings of fact were that 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. Officer Petrick testified that as of March 23, 2009, the
property was in compliance with Chapter 78 Article IX Section 78-644 of the
Code of Ordinances of the Village of Tequesta, but had not achieved compliance
within the time specified in the Notice of Violation. Officer Petrick also produced
photographs of the violation and compliance.
Conclusion of law was the above-stated facts constitute a violation of Chapter 78
Article IX Section 78-644 of the Code of Ordinances of the Village of Tequesta.
Special Master Wagner ordered that Respondent was in violation of Chapter 78
Article IX Section 78-644 0# the Code of Ordinances of the Village of Tequesta
but is now in compliance. Respondent is hereby ordered to continue to comply
with Chapter 78 Article IX Section 78-644 of the Code of Ordinances of the
Village of Tequesta.
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 $222.14 for administra#ive costs to be paid
immediately.
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 upon which the violation exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Case Number 2009-00035
Mary and Kerwin Goodyear
54 Golfview Drive
Tequesta, FI 33469
PC N: 60-42-40-26-01-000-3320
Legal: TEQUESTA LT 332
Chapter 30 Article II Section 30-33
Prohibited Property Conditions
Tequesta Special Master Hearing Minutes
March 26, 2009
Page 8 of 9
Village Attorney Davis announced this case had complied and was removed from
the agenda.
Case Number 2009-00164
JMZ Properties
John Zuccarelli
1 Main Street/ 250 Tequesta Drive
Tequesta FL, 33469
P C N : 60-42-40-25-45-000-7048
Legal: 30-40-43, WLY 200.25 FT AS MEAS ALG S LI OF
TEQUESTA DR OF TH PT OF SW'/4 E OF PROPOSED
NEW R/W OF OLD DIXIE
Chapter 78 Article IX Section 78-612
Prohibited structures, trailers, etc.
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 April 23, 2009 agenda.
Special Master Wagner ordered that this matter is continued to the April 23, 2009
agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Foreclosure Authorizations -None
Fine Reduction Hearings -None
Adjournment
There being no further cases, the meeting was adjourned at 10:25 a.m..
Respectfully submitted,
,l
Betty Laur
Recording Secretary
Tequesta Special Master Hearing Minutes
March 26, 2009
Page 9 of 9
ATTEST:
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Co En orcement Offi,~r
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APPROVEd:
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Special Mast, Date Approved