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HomeMy WebLinkAboutMinutes_Special Master_01/22/2009VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES January 22, 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 following cases were heard by the Special Master: Fine Assessment Hearing: Case No. 2008-00346 Kevin and Karen Newfield 83 River Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-0250 Chapter 78 Article IX Section 78-585 Child Restraint Barrier (Pool Enclosure) Required The Respondents were present at the hearing; there was a finding of proper notice of the violation and of the hearing. The Tequesta Code Enforcement Officer testified that the violation, including the health, safety and welfare violation came into compliance as of January 2, 2009, and that the Village's only costs were the administrative costs from the December 18, 2008 violation hearing in the amount of $275.73. Mrs. Newfield testified and sought guidance regarding Respondents' appellate rights. Conclusion of law was the above-stated facts establish that the subject property was in violation but achieved compliance with Chapter 78 Article IX Section 78-585 of the Code of Ordinances of the Village of Tequesta as of January 2, 2009, and that the health, safety and welfare violation was cured as of that date. Special Master Wagner ordered Respondents to continue to comply with Chapter 78 Article IX Section 78-585 of the Code of Ordinances of the Village of Tequesta; should they 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. Special Master Hearing January 22, 2009 Page 2 Respondents shall be assessed $275.73 for administrative 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. Any costs incurred by the Village to abate the health, safety, and welfare violation shall be assessed against Respondent. Additionally, a fine in an amount not to exceed $250.00 per day may be imposed against Respondent if Respondent fails to comply with this order. A Fine Assessment Hearing will be held before the Special Master on January 22, 2009 at the Village of Tequesta Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Violation Hearings: Case No. 2008-00342 Jose Del Vecchio 236 River Drive Tequesta, FI 33469 PCN: 60-42-40-26-01-000-3960 Chapter 78 Article IX Section 78-612 Temporary (Storage) Containers Findings of fact were that the 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. As of the hearing on January 22, 2009, based on testimony and photographs presented by code enforcement officers, the property was in compliance with Chapter 78 Article IX Section 78-612, but had not achieved compliance within the time specified in the Notice of Violation. Conclusion of law was the above-stated facts constitute a violation of Chapter 78 Article IX Section 78-612 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to continue to comply with Chapter 78 Article IX Section 78-612 of the Code of Ordinances of the Village of Tequesta; should they 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. Special Master Hearing January 22, 2009 Page 3 Respondent(s) shall be assessed $267.27 for administrative costs to be paid immediately. Case No. 2008-00295 Tequesta Country Club Association Registered Board Members, Walter Downey, William Beeche, Marbeth Newman, Douglas Fausher, and Loraine Rogers 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 Findings of fact were the Respondents are the owners for the above-described property. The Respondent was present and represented by Mr. William Beeche; there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to and produced photos of the violation. Mr. Beeche testified and 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 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that the Respondents comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. A status hearing was scheduled for February 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 $353.27 for administrative costs to be paid immediately. Case No. 2008-00164 JMZ Properties John Zuccarelli Special Master Hearing January 22, 2009 Page 4 1 Main Street/250 Tequesta Drive Tequesta, FL 33469 PCN: 60-43-40-30-47-003-0000 Prohibited Structures, Trailers etc. Chapter 78 Article IX Section 78-612 The 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 February 26, 2009 agenda. Special Master Wagner ordered that this matter is continued to the February 26, 2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Case No. 2008-00306 Leo Strauss 118 Magnolia Way Tequesta, FL 33469 PCN: 60-42-40-25-45-000-0530 Chapter 78 Article IX Section 78-585 Child Restraint Barrier (Pool Enclosure) Required Findings of fact were that the Respondent is the owner of the above-described property. The Respondent(s) was not present at the hearing; however, there was a finding of proper notice. As of the hearing on January 22, 2009, based on testimony and photographs presented by code enforcement officers, the property was in compliance with Chapter 78 Article IX Section 78-585, 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 78-585 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that the Respondent is hereby ordered to continue to comply with Chapter 78 Article IX Section 78-585 of the Code of Ordinances of the Village of Tequesta; 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. Special Master Hearing January 22, 2009 Page 5 Respondent(s) shall be assessed $278.52 for administrative costs to be paid immediately. Fine Assessment Hearing: Case No. 2008-00242 Express Equity Lending Group Raymond Reyes 2 Pine Hill Trail West Tequesta, FL 33469 PCN: 60-42-40-25-25-000-2020 Chapter 30 Article II Section 30-33 Prohibited Property Conditions The Respondent was not present at the hearing; however, there was a finding of proper notice of the violation and of the hearing. The Tequesta Code Enforcement Officer testified that the subject property had achieved compliance as of October 25, 2008. Conclusion of law was that the above-stated facts establish that the subject property was in violation but achieved compliance with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta as of October 25, 2008. Special Master Wagner ordered that Respondents continue to comply with Chapter 30 Article II Section 30-33 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. Respondent shall pay the previously assessed administrative costs in the amount of $265.61 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. Violation Hearings: Case No. 2008-00293 Special Master Hearing January 22, 2009 Page 6 Tequesta Garden Condominium Association Registered Board Members, Juanita Sweet, Vincent Onorato, Edward Chermark, Frank Bozycko 10 Westwood Avenue Tequesta, FL 33469 PCN: 60-42-40-25-15-000-0040 Chapter 14 Article VI Section 14-152 Building Permits The Respondents were represented at the hearing by Mr. Edward Chermark; there was a finding of proper notice of the violation and of the hearing. The Tequesta Code Enforcement Officer testified to and produced photos of the ongoing violation. Mr. Chermark produced correspondence from the contractor retained by the Respondent to complete the work necessary to bring the property into compliance. Conclusion of law was that the above-stated facts constitute a continuing violation of Chapter 14 Article VI Section 14-152 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that Respondents shall continue to work toward achieving compliance with Chapter 14 Article VI Section 14-152 of the Code of Ordinances of the Village of Tequesta. A status hearing is hereby scheduled for February 26, 2009 at 10:00 am at the Village Hall Council Chambers located at 345 Tequesta Drive, Tequesta, Florida 33469. Respondents shall pay the previously assessed administrative costs of one hundred ninety one dollars and seventy three cents ($191.73) 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 No. 2008-00326 Tequesta Commerce Center Condominium Association George Saunderson 208 US HWY 1 #2 Tequesta, FL 33469 60-43-40-30-36-000-0110 Chapter 30 Article II Section 30-33 Prohibited Property Conditions Special Master Hearing January 22, 2009 Page 7 Findings of fact were that the Respondents are the owners of the above-described property. The Respondents were present and represented by Ms. Jamie Fraasch; there was a finding of proper notice. As of the hearing on January 22, 2009, based on testimony and photographs presented by code enforcement officers, the property was in compliance with Chapter 14 Article VI Section 14-154, 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 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that the Respondents continue to comply with Chapter 30 Article II Section 30-33 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. Respondent(s) shall be assessed $226.48 for administrative costs to be paid immediately. Fine Reduction Hearings: Case No. 2008-00270 Robert Davis 363 Maple Ave. Tequesta, FL 33469 PCN: 60-42-40-25-06-023-0040 Chapter 30 Article II Section 30-33 Prohibited Property Conditions Findings of fact were the Respondent was present at the hearing and requested a reduction in fine. The Village Code Officer testified that the property is now in compliance. The original fine was assessed in the total amount of three hundred seventy five dollars ($375.00) for the violations that achieved compliance on October 21, 2008. Conclusion of law was that the Respondent is no longer in violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Hearing January 22, 2009 Page 8 Special Master Wagner ordered that the Respondent's fine shall be reduced to $50.00. If this reduced fine of $50.00 is not paid in full to the Village of Tequesta within 14 days of the rendering of this Order, the original fine amount of $375.00 shall be assessed. Case No. 2008-00230 TB Sea Corp Somophou and Brooke Khanthavong 351 Cypress Drive #C Tequesta, FL 33469 PCN: 60-43-40-30-03-002-0140 Chapter 30 Article II Section 30-33 Prohibited Property Conditions Finding of fact was Respondent was present at the hearing and requested a reduction in fine. The Village Code Officer testified that the property is now in compliance. The original fine was assessed in the total amount of twenty five thousand, seven hundred fifty dollars ($25,750.00) for the violations that existed from August 7, 2008 through November 18, 2008. Conclusion of law was that Respondent(s) are no longer 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 the Respondent's fine shall be reduced to $3,000.00. If this reduced fine of $3,000.00 is not paid in full to the Village of Tequesta within 120 days of the rendering of this Order, the original fine amount of $25,750.00 shall be assessed. Adjournment There being no further cases, the meeting was adjourned at 11:00 a.m.. Respectfully submitted, Betty Laur Recording Secretary Special Master Hearing January 22, 2009 Page 9 ATTEST: Cade nforce en Offic APPRO _. Special I)A'aster a3~ o~j Date Approved