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
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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.
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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
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