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HomeMy WebLinkAboutMinutes_Special Master_10/13/2020MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL October 13, 2020 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The hearing was called to order at 10:00 AM and the Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Michael Filipkowski, Building Director Jose Rodriguez and Village Attorneys Amity Barnard and Matthew Pritchett. PLEDGE OF ALLEGIANCE - Special Magistrate Kevin Wagner REPEAT VIOLATION HEARINGS None were presented at this meeting. FINE ASSESSMENT HEARINGS/ STATUS HEARINGS None were presented at this meeting. VIOLATION HEARINGS 1. Case Number: E200129 John R. Kovalcik and Loren B. Kovalcik 347 River Dr. Tequesta, FL 33469 Appendix A Art. Ill Sec. 1 PCN: 60424026090000010 Legal Description: TRAPPERS POINT LT 1 Findings of Fact were that the Respondents were the owners for the above -described property. The Respondents were not present at the hearing; however, there was a finding 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 without objection. As of the hearing on October 13, 2020 and based on testimony presented by Code Enforcement Officer Michael Filipkowski, the property was in compliance with Appendix A, Article III, Section 1 of the Code of Ordinances of the Village of Tequesta, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of Law were that the above -stated facts constituted a violation of Appendix A, Article III, Section 1 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondents to continue to comply with Appendix A, Article III, Section 1 of the Code of Ordinances of the Village of Tequesta. Respondents were also assessed Two Hundred Two Dollars and Eighty Cents ($202.80) for administrative costs incurred by the Village for the October 13, 2020 hearing. Should the Respondents violate the same Section of the Code again, they could 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 had been corrected prior to the Special Magistrate hearing. 2. Case Number: E200109 Dimitri Chimerakis and Jennifer Going 28 Pine Hill TH. E. Tequesta, FL 33469 Ch. 14 Art. 11 Sec. 14-31 and Florida Building Code (sixth Edition) 105.1 PCN: 60-42-40-25-25-000-0360 Legal Description: TEQUESTA PINES LOT 36 Findings of Fact were that the Respondents were the owners of the above -described property. They were not present at the hearing; however, there was a finding 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 without objection. AS of the hearing on October 13, 2020 based on testimony presented by Code Enforcement Officer Michael Filipkowski, the property was in compliance with Section 14-31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of th Florida Building Code (Sixth Edition), but had not achieved compliance within the time specified in the Notice of Violation. 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 Section 105.1 of the Florida Building Code (Sixth Edition). The Special Magistrate ordered the Respondents to continue to comply with Section 14- 31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition). Respondents were also assessed One Hundred Ninety -Six Dollars and Eighty Cents ($196.80) for administrative costs incurred by the Village for the October 13, 2020 hearing. Should the Respondents violate the same Section of the Code again, they could be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 3. Case Number: E200101 Bryan C. McGilvray and Noelle McGilvray 323 Leigh Rd. Tequesta, FL 33469 Ch. 14 Art. 11 Sec. 14-31 and Florida Building Code (Sixth Edition) 105.1 PCN: 60-43-40-30-04-036-0060 Legal Description: JUPITER IN THE PINES SEC D LOT 6 BLK 36 Findings of Fact were that the Respondents were the owners of the above -described property. The Respondents were not present at the hearing; however, there was also a finding 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 without objection. As of the hearing on October 13, 2020 and based on the testimony presented by Code Enforcement Officer Michael Filipkowski, the property was not in compliance with Section 14-31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition). Conclusions of Law were that the above stated facts constituted a violation of Section 14- 31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition). The Special Magistrate ordered the Respondents to comply with Section 14-31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition) on or before December 31, 2020. If the Respondents failed to achieve compliance on or before December 31, 2020, a daily fine of Twenty Five Dollars ($25.00) per day could be imposed for each day the violation continued to exist. The Respondents were further ordered to appear at the Fine Assessment Hearing, which was to be held on the 12th day of January 2021 at 10.00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, FL 33469, unless the Code Enforcement Officer certified that the Respondents had timely brought the property into compliance. Respondents were also assessed One Hundred Ninety Eight Dollars and Eighty Cents ($198.80) for administrative costs incurred by the Village for the October 13, 2020 hearing. Should the Respondent violate the same Section of the Code again, they could be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time of correct the repeat violation and the case could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 4. Case Number: E200118 Scott Reynolds and Erica R. Reynolds 11 Tradewinds Cir. Tequesta, FL 33469 Ch. 14 Art. II Sec. 14-31 and Florida Building Code (Sixth Edition) 105.1 PCN: 60-42-40-25-12-002-0030 Legal Description: COUNTRY CLUB POINT LOT 3 BLK 2 Findings of Fact wee that the Respondents were the owners of the above -described property. The Respondents were not present at the hearing; however, there was a finding 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 without objection. As of the hearing on October 13, 2020 based on testimony presented by Code Enforcement Officer Michael Filipkowski, the property was in compliance with Section 14-31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition), but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of Law were that the above stated facts constituted a violation of Section 14- 31 of the Code of Ordinances of the Village Tequesta and Section 105.1 of the Florida Building Coed (Sixth Edition). The Special Magistrate ordered the Respondents to continue to comply with Section 14- 31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition). Should the Respondent violate the same Section of the Code again, they could be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. FINE REDUCTION HEARINGS There were none. FORECLOSURE AUTHORIZATIONS There were none. ANY OTHER MATTERS APPROVAL OF MINUTES Special Magistrate Wagner approved the previous minutes from September 8, 2020. ADJOURNMENT This meeting was adjourned at 10:25 am .S IPt c c'21 MQJ^ S-fr24,0— Kx u1'n UJQ.5 n.e-e'