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HomeMy WebLinkAboutMinutes_Special Master_9/10/2019 Approved' oo_ F TIN, va 44iY if 7 couV0 MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 10, 2019 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Judge Kevin Wager began this meeting at 10:00 am. PLEDGE OF ALLEGIANCE - Special Magistrate Kevin Wagner REPEAT VIOLATION HEARINGS None were presented at this meeting FINE ASSESSMENT HEARINGS/ STATUS HEARINGS 1. Case Number E190023 Joan A. Borrero, Joan A. Borrero Tr, & Joan A. Borrero Tr Hldr 299 Country Club Dr. Tequesta, FL 33469 Ch. 30 Art. II Sec. 30-33 & IPMC 301.3 PCN: 60-42-40-26-01-000-2120 Legal Description: TEQUESTA LT 212 Findings of Fact were that the Respondents were not present at this hearing; there was also a finding of proper notice. By the "Order Finding Violation and Permitting Village Abatement and Continuing Village Abatement" dated April 11, 2019, the Village was authorized to continually abate the violation of Section 303.1 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta regarding condition of the unmaintained pool to bring the property into compliance. Based upon the evidence, pictures and testimony presented at the hearing on September 10, 2019, the Special Magistrate found that the Village had abated the nuisance condition and that the property was now in compliance with Section 303.1 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta. It was a Conclusion of Law that the above-stated facts allow a fine to be assessed against the property based upon the violation of Section 303.1 of the IPMC per Section 14 121 of the Code of Ordinances of the Village of Tequesta and the Village's actions and costs to abate this violation. i It is the Order of the Special Magistrate that a fine of Five Hundred Eighty-Four Dollars and Eighty-Two Cents ($584.82) be assessed against the property in order to recover the costs of Page 1 of 3 ,Approved; abatement actions taken by the Village. Respondent further is assessed One Hundred Ninety- Four Dollars and Sixty Cents ($194.60) for administrative costs incurred for the September 10, 2019 hearing. Administrative costs in the amount of One Hundred Eighty-Nine Dollars and Ninety-Eight Cents ($189.98) for administrative costs incurred for the April 9, 2019 hearing are also reaffirmed. Should the residents 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 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 Respondents, pursuant to Chapter 162, Florida Statutes. VIOLATION HEARINGS There were none. FINE REDUCTION HEARINGS There were none. FORECLOSURE AUTHORIZATIONS There were none. ANY OTHER MATTERS There were none. APPROVAL OF MINUTES Spec Magistrate Wagner approved the August 13, 2019 minutes with his corrections. ADJOURNMENT This meeting was adjourned at 10:07 am Respectfully submitted, Lori McWilliams, MMC Village Clerk ATTEST: Page 2 of 3 ;Approved Code Enforcement Officer A.Z7 APPROVED: , L 5 Special agistrate Date Approved Page 3 of 3