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HomeMy WebLinkAboutDocumentation_Special Master_Tab 03_7/14/2020Agenda Item #3. 01 Draft MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL MARCH 10, 2020 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The hearing was called to order at 10:00 a.m. and the Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Michael Filipkowski and Village Attorneys Amity Barnard and Matthew Pritchett. The following cases were heard by the Special Magistrate who swore in two people involved in Quasi -Judicial cases. REPEAT VIOLATION HEARINGS None were presented at this meeting. FINE ASSESSMENT HEARINGS/ STATUS HEARINGS 1. Case Number: E190153 Randy S. Syrop and Diane Syrop 103 River Dr. Tequesta, FL 33469 Ch. 14 Art. H Sec. 14-31 and Florida Building Code 105.12 PCN: 60-42-40-26-01-000-0291 Legal Description: TEQUESTA L T 29 /LESS WL Y 9 FT/ Findings of Fact were that the Respondent was the owner of the above -described property. The Respondent was not present at the hearing; there was also a finding of proper notice. By the "Order Finding Violation" dated February 13, 2020, the Special Magistrate ordered the Respondents to comply with Section 14-31 of the Code of Ordinances of the Village of Tequesta and Sections 105.12 of the Florida Building Code on or before February 26, 2020. Based upon the evidence, pictures and testimony presented at the hearing on March 10, 2020. Conclusions of Law were that the above -stated facts constitute a violation of Section 14- 31 of the Code of Ordinances of the Village of Tequesta and Sections 105.12 of the Florida Building Code on March 2, 2020. The Special Magistrate Ordered that a fine in the amount of one hundred dollars Page 3 of 6 Agenda Item #3. 01 Draft ($100-00) was assessed, at twenty-five ($25.00) per day, for the violations which have existed on the property beginning from February 27, 2020 through March 1, 2020, a period of four (4) days. The Respondents also were assessed one hundred eighty-seven dollars and eighty cents ($187.80) for administrative costs incurred by the Village for March 10, 2020 hearing. Administrative costs in the amount of two hundred two dollars and sixty cents ($202.60) incurred for the February 12, 2020 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 None were presented at this meeting. FINE REDUCTION HEARINGS None were presented at this meeting. FORECLOSURE AUTHORIZATIONS None were presented at this meeting. ANY OTHER MATTERS 2. Case Number: 2017-00050 RJC Capital LLC 466 Tequesta Dr Tequesta, FL 33469 Ch. 14 Art. VI Sec. 14-152 PCN: 60-42-40-25-06-015-0050 Legal Description: JUPITER IN THE PINES SEC B LT 5 BLK 15 This Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and RJC Capital LLC ("RJC") resolves the code enforcement case identified above in a fair and amicable manner. The Village and RJC agree and stipulate to the following: 1. On June 15, 2017, Respondent's above -referenced property ("Subject Property") was found to be in violation of Chapter 14, Article VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta (Order Finding Violation, dated June 21, 2017). 2. On August 21, 2017, an Order Assessing Fine was issued for the continuing violation of Chapter 14, Article VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta, assessing a fine of one Hundred fifty dollars ($150.00) and continuing to accrue at twenty-five dollars ($25-00) per day until the Respondent achieved compliance. (Order Assessing Fine, dated August 21, 2017). The Respondent was also assessed administrative costs of $181.48 for the August 17, 2017 hearing and administrative costs of $192.96 for the June 15, 2017 hearing. This order was recorded in the Official Records of Palm Beach County at Book 29341, Pages 1044-1045 on September 15, 2017. Page 4 of 6 Agenda Item #3. 01 Draft 3. Respondent has brought the Subject Property into compliance with Village codes, as depicted in the Affidavit of Compliance dated February 13, 2020 and attached hereto as "Exhibit A". 4. The Village and Respondent agree that in exchange for payment to the Village by Respondent in the amount of one thousand two hundred fifty dollars ($1,250.00), to be made within thirty (30) days of the date of this fully executed Stipulation, the Village will release its above -referenced lien. Said release shall occur no later than fourteen (14) days after receipt of said payment. 5. Should Respondent fail to pay the Village One Thousand Two Hundred Fifty Dollars ($1,250.00) within thirty (30) days of the date of this Stipulation, this Joint Code Compliance Stipulation shall be deemed void and the lien amount shall revert to its full amount and the lien will not be released. 6. Nothing contained in this Joint Code Compliance Stipulation shall be construed as precluding the Village from enforcing repeat violations at the Subject Property. Should Respondent violate the same sections of the Code again, Respondent may be subject to a fine of up to $500.00 per day for such repeat violation. Should the violations be deemed to be irreparable and irreversible, Respondent may be subject to a fine of up to $5,000.00 for each violation. Additionally, the Code Inspector is not required to give a reasonable time to correct a repeat violation or an irreparable/i 1 Teversible violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected or the irreparable/irreversible violation has stopped prior to the Special Magistrate hearing. 7. Each party shall bear its own fees and costs in connection with this matter. 8. The parties agree to the terms of this Joint Code Compliance Stipulation above. APPROVAL OF MINUTES Special Magistrate Wagner approved the previous minutes from meeting February 12, 2020. ADJOURNMENT This meeting was adjourned at 10:13 am Respectfully submitted, Lori McWilliams, MMC Village Clerk Page 3 of 6 Agenda Item #3. [Draft) ATTEST Code Enforcement Officer APPROVED: Special Magistrate Date Approved Page 6 of 6