HomeMy WebLinkAboutDocumentation_Special Master_Tab 05_04/23/2009Petrick, Joe
From: Keith W. Davis [keith@corbettandwhite.com]
Sent: Tuesday, April 21, 2009 12:20 PM
To: jmzuccarelli@aol.com
Cc: Couzzo, Michael; Telfrin, Debra; Petrick, Joe; McCollom, William
Subject: Village of Tequesta code enforcement
Mr. Zuccarelli:
I will be asking the code enforcement special magistrate to continue the two pending code
enforcement cases associated with your property at 1 Main Street/250 Tequesta Drive (Case
Nos. 2008-164 and2009-13) until the Village's May agenda. This is being done, with concensus
by the Village Council, to allow an opportunity for you and the Village to try and reach an
agreement regarding the use of said property by the Village as a park. Any such agreement
would necessarily include the resolution of the code enforcement cases; however, if we cannot
work out a mutually acceptable agreement, we will then seek to conclude the cases before the
special magistrate in the same manner ad would have occurred had there been no attempt to
reach an agreement for use of the property as a park.
Should you have any questions, please feel free to contact me.
Sent from my iPhone
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TEQUESTA POLICE DEPARTMENT
357 Tequesta Drive
Tequesta, FL 33469
CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER GRANTING CONTINUANCE
VILLAGE OF TEQUESTA,
Petlti®IIer,
V.
J1VIZ TEQUESTA PROPERTIES, Inc.,
JOHN ZITCCARELLI
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 78-395, 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: 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 26~` day of March, 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 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.
2. 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.
Page 1 of 2
CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER GRANTING CONTINUANCE
VILLAGE OF TEQUESTA,
Petitioner,
vs.
JMZ TEQUESTA PROPERTIES, Inc.,
JOHN ZUCCARELLI,
Respondent(s).
Case No. 2008-00164
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 26~' day of March, 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 Zuccarelli, 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 Apri123, 2009 agenda.
ORDER
It is the Order of the Code Compliance Special Magistrate 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.
Page 1 of 2
•
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 day of March, 2009.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
BY:
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date:
B:
Page 2 of 2
•
CODE COMPLIANCE DIVISION
VILLAGE OF TEQUESTA, FLORIDA
MOTION AND RE-NOTICE OF HEARING re:
VILLAGE'S MOTION TO CORRECT SCRIVENER'S ERRORS
VILLAGE OF TEQUESTA,
Petitioner,
v.
JMZ TEQUESTA PROPERTIES, Inc.,
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 23rd day of April, 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: v
Cod orcement Officer
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