HomeMy WebLinkAboutMinutes_Special Master_11/12/2019 ;Approved;
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MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
November 12, 2019 10:00 AM COUNCIL CHAMBERS
CALL TO ORDER
The Special Magistrate Kevin Wagner 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
Case Number: E190098
Thomas Hansen & Deanna Hansen
538 N Dover Rd.
Tequesta, FL 33469
C h. 46 Art. III Sec. 46-73
PCN: 60-42-40-25-06-016-0170
Legal Description: JUPITER IN THE PINES SEC B LT 17 BLK 16
Findings of Fact were that the Respondents were not present at the hearing; however, there was a
finding of proper notice. By the "Order Finding Repeat Violation and Assessing Costs" dated
October 9, 2019, the Special Magistrate ordered the Respondents to comply with Section 46-73 on
or before October 11, 2019. Based upon the evidence and testimony presented at the hearing on
November 12, 2019, the Special Magistrate fmds that the property was in violation of Section 46-
73 of the Code of Ordinances of the Village of Tequesta.
It was a Conclusion of Law that the above-stated facts, Respondents are in violation of Chapter 46,
Article III, Section 46-73 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered that this matter would be continued. The Respondents are hereby
ordered to comply with Section 46-73 of the Code of Ordinances of the Village of Tequesta on or
before November 19, 2019. If the Respondents fail to achieve compliance on or before November
19, 2019, a daily fine of Twenty-Five Dollars ($25.00) per day may be imposed for each day the
violation continues to exist.
Please take notice that you must appear at the Fine Assessment Hearing which will be held on the
14th day of January, 2020 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive,
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Tequesta,Florida 33469,unless the Code Enforcement Officer certifies that you have timely brought
your property into compliance.
The Special Magistrate also reaffirms that Respondents shall be assessed$193.80 in administrative
costs for the October 8,2019 hearing.
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 Inspector 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.
VIOLATION HEARINGS
Case Number: E190101
Tamwest Realty Inc.
614 N US Highway 1
Tequesta, FL 33469
Florida Building Code 105.12
PCN: 60-43-40-30-00-001-0080
Legal Description:30-40-43,SLY 291.75 FT OFELY 209.21 FT(LESSNLV 186.99
FT OF SLY 256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) & S 11 FT OF W
430 FT OF ELY 639.21 FT OF GOV LT 1 LYG W OF&ADJ TO US HWY 1 R/W
& PT OF GOV LT 2 LYG N OF&ADJ TO VILLAGE BLVD & W OF&ADJ TO
US HWY 1 R/WS (LESS N 68.33 FT OF W 115.70 FT N 23.33 FT OF E 193.33
FT OF W 309.03 FT, SLY 250 FT OF WLY 125 FT OF ELY 840.83 FT& SLY
272.59 FT OF ELY 178 FT) & PT OF NW 1/4 LYG E OF & ADJ TO PB89P108
& W OF& ADJ TO GOV LT 2
Findings of Fact were that the Respondents were not present at the hearing; however, there was a
fmding of proper notice. Code Enforcement Officer Michael Filipkowski provided testimony and
evidence of the violation,as contained in the Village's evidentiary case file which was accepted into
evidence. Building Official Jose Rodriguez also presented testimony of the violation. As of the
hearing on November 12, 2019, based on testimony presented by Code Enforcement Officer
Michael Filipkowski and Building Official Jose Rodriguez,the property was not in compliance with
Section 105.12 of the Florida Building Code.
It was a Conclusion of Law that the above-stated facts constitute a violation of Section 105.12 of
the Florida Building Code.
The Special Magistrate ordered that the Respondent are hereby ordered to comply with Section
105.12 of the Florida Building Code on or before December 10, 2019. If the Respondent fails to
achieve compliance on or before December 10,2019, a daily fine of Twenty-Five Dollars ($25.00)
per day may be imposed for each day the violation continues to exist.
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Please take notice that they must appear at the Fine Assessment Hearing which will be held on the
14th day of January,2020 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that they have timely
brought your property into compliance.
The Respondent is also assessed $199.60 for administrative costs incurred by the Village for the
November 12,2019 hearing.
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 Inspector 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.
FINE REDUCTION HEARINGS
None were presented at this meeting.
FORECLOSURE AUTHORIZATIONS
None were presented at this meeting.
ANY OTHER MATTERS
None were presented at this meeting.
APPROVAL OF MINUTES
Special Magistrate Wagner approved the previous minutes from meetings October 8, 2019.
ADJOURNMENT
This meeting was adjourned at 10:11 am,
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