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Home My WebLink AboutDocumentation_Special Master_Tab 04_3/9/2021Agenda Item #4. Approved '� MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL NOVEMBER 10, 2020 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wagner began this meeting at 10:00am and led the Pledge of Allegiance. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Michael Filipkowski, Building Director Jose Rodriguez and Village Attorney Matthew Pritchett. The following cases were heard by the Special Magistrate who swore in three people involved in Quasi -Judicial cases 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: E200157 Joseph P. Kelly and Raegan Kelly 28 Tradewinds Cir. Tequesta, FL 33469 Ch. 14 Art. H Sec. 14-31 and Florida Building Code (Sixth Edition) 105.1 PCN: 60-42-40-25-12-002-0110 Legal Description: COUNTRY CLUB POINT LOT 11 BLK 2 Findings of Fact were that the Respondents were the owners of the above -described property. The Respondents were represented at the hearing by Joseph P. Kelly; 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. Tequesta Police Department Lieutenant James Pike also provided testimony and evidence of the Page 3of9 Agenda Item #4. Approved'� violation. As of the hearing on November 10, 2020, based on testimony presented by Code Enforcement Officer Michael Filipkowski and Lieutenant Pike, 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 January 29, 2021. If the Respondents fail to achieve compliance on or before January 29, 2020, a daily Fine of Twenty -Five Dollars ($25.00) per day may be imposed for each day the violation continues to exist. The Respondents were further ordered to appear at the Status/Fine Assessment Hearing which was to be held on the 9th day of March, 2021 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that the Respondents had timely brought the property into compliance. Respondents were also assessed One Hundred Ninety -Four Dollars and Eighty Cents ($194.80) for administrative costs incurred by the Village for the November 10, 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. 2. Case Number: E200130 Gregory Boomhower and Jill Boomhower 1 Pine Hill Trl. W. Tequesta, FL 33469 Ch. 14 Art. 11 Sec. 14-31, Ch. 14 Art. I Sec. 14-6, and Florida Building Code (Sixth Edition) 105.1 PCN: 60-42-40-25-25-000-0861 Legal Description: TEQUESTA PINES LT 86 (LESS NELY TRGLE PAR IN OR7868P892) It was determined that the Respondent had come into compliance and the item was removed from the agenda. FINE REDUCTION HEARINGS There were none. Page 4 of 9 Agenda Item #4. Approved '� FORECLOSURE AUTHORIZATIONS There were none. ANY OTHER MATTERS A discussion took place to move the meetings to the second Tuesday of every other month for 2021. APPROVAL OF MINUTES Special Magistrate Wagner approved the previous minutes from October 13, 2020. ADJOURNMENT This meeting was adjourned at 10:20 am Page 3of9 Agenda Item #4. 01 Draft vl6R OF TEQG�� v 'C'N cOU MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL JANUARY 12, 2021 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. PLEDGE OF ALLEGIANCE - Special Magistrate Kevin Wagner REPEAT VIOLATION HEARINGS None were presented at this meeting FINE ASSESSMENT HEARINGS/ STATUS HEARINGS 1. Case Number: E200101 Bryan C. McGilvray and Noelle McGilvray 323 Leigh Rd Tequesta, FL 33469 Ch. 14 Art. H Sec. 14-31 and Florida Building Code (Sixth Edition) 105.1 PCN: 60-43-40-30-04-03 6-0060 Legal Description: JUPITER IN THE PINES SEC D LOT 6 BLK 36 Finding of facts were that the Respondents was the owners of the above -described property. The Respondents were represented at the hearing by Bryan C. McGilvray; there was also a finding of proper notice. By the "Order Finding Violation" dated October 16, 2020, 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. Based upon the evidence, pictures and testimony presented at the hearing on January 12, 2021, the Special Magistrate found that the property remained in 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). Page 6 of 0 Agenda Item #4. 01 Draft Conclusions of Law were the above -stated facts constituted a continuing 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 that the respondents were hereby granted ten (10) additional days in which to comply and therefore ordered 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 January 22, 2021. If the Respondents fail to achieve compliance on or before January 22, 2021, it was further the order of the Special Magistrate that a fine of Twenty -Five Dollars ($25.00) would be hereby assessed, beginning on January 23, 2021, and continuing to accrue at Twenty -Five Dollars ($25.00) per day until compliance was achieved, without the need for additional hearing. The Respondents also were assessed One Hundred Eighty -Three Dollars and Ninety Cents ($183-90) for administrative costs incurred by the Village for the January 12, 2021 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 exists and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it was always the responsibility of the Respondents to contact the Code Compliance Division at (561) 768-0519 to request a reinspection of the property. VIOLATION HEARINGS 2. Case Number: E200160 Branch Banking and Trust Company 101 N US Highway 1 Tequesta, FL 33469 Ch. 2 Art. IV Sec. 2-154, Ch. 2 Art. IV Sec. 2-181, Ch. 78 Art. IX Sec. 78-399, Ch. 78 Art. IX Sec. 78-400, Ch. 78 Art. IX Sec. 78-404, and Ch. 78 Art. IX Sec. 78-406 PCN: 60-43-40-30-62-000-0010 Legal Description: TEQUESTA AT WATERWAY LT 1 Finding of facts were the Respondent was the owner of the above -described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. The 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. The Village of Tequesta's Landscape Architect Steve Parker also provided testimony and evidence of the violation. As of the hearing on January 12, 2021, based on the testimony and evidence presented by Code Enforcement Officer Michael Filipkowski and Landscape Architect Steve Parker, the property was not in compliance with Sections 2-154, 2-1817 78-399, 78-4007 78-404, and 78-406 of the Code of Ordinances of the Village of Tequesta. Conclusions of Law were the above -stated facts constitute a violation of Sections 2-154, 2-1817 78-3997 78-4007 78-404, and 78-406 of the Code of Ordinances of the Village of Tequesta. Page 2 of 0 Agenda Item #4. 01 Draft The Special Magistrate ordered the Respondent to comply with Sections 2-154, 2-181, 78-399, 78-400, 78-404, and 78-406 of the Code of Ordinances of the Village of Tequesta on or before March 2, 2021. If the Respondent failed to achieve compliance on or before March 2, 2021, a daily Fine of Fifty Dollars ($50.00) per day could be imposed for each day the violation continues to exist. The Respondent was further ordered to appear at the Status/Fine Assessment Hearing which would be held on the 9th day of March, 2021 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that The Respondent had timely brought the property into compliance. The Respondent was also assessed Two Hundred Fourteen Dollars and Eighty Cents ($214.80) for administrative costs incurred by the Village for the January 12, 2021 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 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. Upon complying in any code compliance matter, it waalways the responsibility of the Respondent to contact the Code Compliance Division at (561) 768-0519 to request a reinspection of the property. 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 moved the approval of the November 10, 2020 minutes to the next hearing on March 9,2021. Village Clerk ATTEST: Code Enforcement Officer Page 8 of 0 Agenda Item #4. 01 Draft APPROVED: Special Magistrate ADJOURNMENT This meeting was adjourned at 10:40 am Date Approved Page 0 of 0