HomeMy WebLinkAboutMinutes_Special Master_1/12/20214�z
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 Noe/le 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
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).
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, 2-181, 78-399, 78-400, 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,
2-181, 78-399, 78-400, 78-404, and 78-406 of the Code of Ordinances of the Village of
Tequesta.
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.
ADJOURNMENT
This meeting was adjourned at 10:29 am
�� PA- R) " a'
U Aaic (! Ein•