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HomeMy WebLinkAboutMinutes_Special Master_11/10/2020MINUTES 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 1 of 3 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 OR7868P892) LT 86 (LESS NELY TRGLE PAR IN 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 2 of 3 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 V�:GORPO' Q, �. S /NDDp o4 L Page 3 of 3