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MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
FEBRUARY 12, 2020 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
1. Case Number: E200008
Agnes Longenecker and Linda Bozzuto
19600 N US Highway 1
Tequesta, FL 33469
"Violation of Development Order Requirements; Palm Beach County Pre-
Annexation; Violation of Stipulated Order Finding Violation (Case No. 2015-00198);
and Violation of Order Acknowledging Stipulated Order Finding Violation (Case No.
2015-00198)
PCN: 60-43-40-30-02-004-0010
Legal Description: JUPITER HEIGHTS LTS 1 TO 41NC & ABND 40 FT STRIP LYG W
& ADJ THERETO BLK 4
Findings of Fact were that the Respondents Agnes Longenecker and Louis Bozzuto was
present at this hearing; there was also a finding of proper notice. Code Compliance
officer, Michael Filipkowski provided testimony and evidence of the violation, as
contained in the Village's evidentiary case file, which was accepted into evidence. In
addition to the Respondents' testimony, there were Avis Representatives Thomas Strano,
Avis Manager and Eric Zulia that testified. Based upon evidence and testimony
presented, the Special Magistrate finds that the property was in violation of the
Development Order Requirements; Palm Beach County Pre-Annexation; Stipulated
Order Finding Violation (Case No. 2015-00198); and Order Acknowledging Stipulated
Order Acknowledging Stipulated Order Finding Violation (Case No. 2015-00198) from
December 17, 2019 through January 16, 2020 for a period of thirty (30) days. The
February 29, 2016 Stipulated Order Finding Violation and Order Acknowledging
Stipulated Order Finding Violation (Case No. 2015-00198) required Respondents to
"immediately cease and desist parking any vehicles in any location on the above
addressed property except in the striped spaces" and further required that "all vehicle
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parking must be contained to striped spaces is prohibited at all times." This is a repeat
violation of the Stipulated Order Finding Violation dated February 29, 2016 which
prohibits Respondents from parking outside of striped parking spaces at all times.
It was a Conclusion of Law that the Respondents were in repeat violation of Development
Order Requirements; Palm Beach County Pre-Annexation; Stipulated Order Finding
Violation (Case No. 2015-00198); and Order Acknowledging Stipulated Order Finding
Violation (Case No. 2015-00198).
The Special Magistrate ordered the Respondents are fined four hundred fifty dollars
($450.00) is hereby assessed at a daily amount of fifteen dollars ($15.00 per day for the
repeat violation which existed on the property from December 17, 2019 through January
16, 2020, a period of thirty (30) days.
The Special Magistrate also reaffirms that Respondents shall be further assessed the
Village's administrative costs in the amount of$188.80.
Should they violate the same Stipulated Order 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.
2. Case Number: E200007
Bozzuto Capital Mgmt. Inc.
19578 N US Highway 1
Tequesta, FL 33469
"Violation of Development Order Requirements; Palm Beach County Pre-
Annexation; Violation of Stipulated Order Finding Violation (Case No. 2015-00197);
and Violation of Order Acknowledging Stipulated Order Finding Violation (Case No.
2015-00197)
PCN: 60-43-40-30-02-004-0090
Legal Description: JUPITER HEIGHTS LTS 9 TO 12 INC & ABND 40 FT STRIP LYG
W&ADJ THERETO BLK 4
Findings of Fact were that the Respondents Agnes Longenecker and Louis Bozzuto were
present at this hearing; Code Compliance officer, Michael Filipkowski provided testimony
and evidence of the violation, as contained in the Village's evidentiary case file, which
was accepted into evidence. Based upon evidence and testimony presented, the Special
Magistrate finds that the property was in violation of the Development Order
Requirements; Palm Beach County Pre-Annexation; Stipulated Order Finding Violation
(Case No. 2015-00197); and Order Acknowledging Stipulated Order Acknowledging
Stipulated Order Finding Violation (Case No. 2015-00197) from December 17, 2019
through January 17, 2020 for a period of thirty-one (31) days. The February 29, 2016
Stipulated Order Finding Violation and Order Acknowledging Stipulated Order finding
Violation (Case No. 2015-00197) required Respondents to "immediately cease and desist
parking any vehicles in any location on the above addressed property except in the
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striped spaces. Parking outside of the striped spaces was prohibited at all times". This
was a repeat violation of the Stipulated Order Finding Violation dated February 29, 2016
which prohibits Respondents from parking outside of striped parking spaces at all times.
It was a Conclusion of Law that the Respondents were in repeat violation of Development
Order Requirements; Palm Beach County Pre-Annexation; Stipulated Order Finding
Violation (Case No. 2015-00197); and Order Acknowledging Stipulated Order Finding
Violation (Case No. 2015-00197).
The Special Magistrate ordered the Respondents are fined four hundred sixty-five dollars
($465.00) was hereby assessed at a daily amount of fifteen dollars ($15.00 per day for
the repeat violation which existed on the property from December 17, 2019 through
January 17, 2020, a period of thirty-one (31) days.
The Special Magistrate also reaffirms that Respondents shall be further assessed the
Village's administrative costs in the amount of$196.80.
Should they violate the same Stipulated Order 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 ASSESSMENT HEARINGS/STATUS HEARINGS
None were presented at this meeting.
VIOLATION HEARINGS
3. Case Number: E190153
Randy S. Syrop and Diane Syrop
103 River Dr.
Tequesta, FL 33469
Ch. 14 Art 11 Sec. 14-31 and Florida Building Code 105.12
PCN: 60-42-40-26-01-000-0291
Legal Description: TEQUESTA LT 29/LESS WLY 9 FT/
Findings of Fact were that the Respondents were not present at this hearing; Code
Compliance officer, Michael Filipkowski provided testimony and evidence of the violation,
as contained in the Village's evidentiary case file, which was accepted into evidence. As
of the hearing on February 12, 2020, based on testimony presented by the code
compliance officer, the property was not in compliance with Section 14-31 of the code of
Ordinances of the Village of Tequesta and section 105.12 of the Florida Building Code.
It was a Conclusion of Law that the Respondents were in violation of Chapter 14, Article
11, Section 14-31 of the Code of Ordinance of the Village of Tequesta and Section 105.12
of the Florida Building Code.
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The Special Magistrate ordered the Respondents ordered to comply with Chapter 14,
Article II, Section 14-31 of the Code of Ordinances of the Village of Tequesta and Section
105.12 of the Florida Building Code on or before February 26, 2020. If the Respondents
fail to achieve compliance on or before February 26, 2020, a daily fine of up to twenty-five
dollars ($25.00) per day may be imposed for each day the violation continues to exist.
Please take notice that they must appear at the Fine Assessment Hearing which will be
held on the 10th day of March, 2020 at 10:00 a.m. at Village Hall, Council Chambers,
unless the Code Compliance Officer certifies that you have timely brought your property
into compliance.
The Respondents were also assessed $202.60 for administrative costs incurred by the
Village for the February 12, 2020 hearing.
Should they violate the same Section of the Code again, you 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 meeting November 12, 2019.
ADJOURNMENT
This meeting was adjourned at 10:35 am
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