HomeMy WebLinkAboutDocumentation_Special Master_Tab 01_5/11/2021Agenda Item #3.
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MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
MARCH 9, 2021 10:00 AM COUNCIL CHAMBERS
CALL TO ORDER
The Special Magistrate Kevin Wagner began this meeting at 10:02 am 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 Attorney Matthew Pritchett.
The following cases were heard by the Special Magistrate who swore in one person 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: 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 A T WA TERWA Y L T 1
Findings of facts were that 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. By the "Order Finding Violation" dated January 25, 2021, the Special Magistrate
ordered the Respondent to comply with Sections 2-154, 2-1815 78-3991 78-400, 78-404,
and 78-406 of the Code of Ordinances of the Village of Tequesta on or before March 2,
2021. Based upon the evidence, pictures and testimony presented at the hearing on March
9, 2021, the Special Magistrate found that the property remained in violation of Sections 2-
154, 2-1817 78-399, 78-4007 78-404, and 78-406 of the Code of Ordinances of the Village
of Tequesta.
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Agenda Item #3.
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Conclusions of Law were the above -stated facts constitute a continuing violation of
Sections 2-154, 2-181, 78-3991 78-4001 78-404, and 78-406 of the Code of Ordinances of
the Village of Tequesta.
The Special Magistrate ordered a Fine of Three Hundred Fifty Dollars ($350.00) be
assessed against the property, at Fifty Dollars ($50.00) per day, for the violations which
had existed on the property beginning from March 3, 2021 through March 9, 2021, a period
of seven days; and the fine amount shall continue to accrue at Fifty Dollars ($50.00) per
day until compliance was achieved.
The Respondent was further assessed One Hundred Eighty -Six Dollars and Ninety Cents
($186.90) for administrative costs incurred by the Village for the March 9, 2021 hearing.
Administrative costs in the amount of Two Hundred Fourteen Dollars and Eighty Cents
($214.80) for administrative costs incurred by the Village for the January 12, 2021 hearing
were also reaffirmed.
A certified copy of the 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 Respondent,
pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter,
it was always the responsibility of the Respondent to contact the Code Compliance Division
at (561) 768-0519 to request a reinspection of the property.
VIOLATION HEARINGS
2. Case Number: E210002
Michael G. Murray TR and Melinda Jeanne N. Dorman Trust
511 N Dover Rd
Tequesta, FL 33469
Ch. 78 Art. X Sec. 78-692
PCN: 60-42-40-25-06-017-0020
Legal Description: JUPITER IN THE PINES SEC B LT 2 BLK 17
It was determined the Respondent had come into compliance and the item was removed
from the agenda.
FINE REDUCTION HEARINGS
There were none.
FORECLOSURE AUTHORIZATIONS
There were none.
ANY OTHER MATTERS
3. Case Number: E180057
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Agenda Item #3. 01
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Clifford E. Gilbert and Dana Lorraine Gilbert
109 Beechwood Trl
Tequesta, FL 33469
Ch. 30 Art. H Sec. 30-33
PCN: 60-42-40-25-25-000-1340
Legal Description: TEQUESTA PINES LOT 134
This Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and
Clifford and Dana Gilbert ("Respondents") resolved the code enforcement case identified
above in a fair and amicable manner. The Village and Respondents agreed and stipulated
to the following:
1. On April 24, 2018, Respondents above -referenced property ("Subject Property") was
found to be in repeat violation of Chapter 30, Article II, Section 30-33 of the Code of
Ordinances of the Village of Tequesta. This was a repeat violation of the same Village code
section from an "Order Finding Repeat Violation and Assessing Fine," dated October 2,
2014. On May 9, 2018, an Order Finding Repeat Violation and Assessing Fine was issued
assessing a fine of Seven Thousand Dollars ($7,000-00) and continuing to accrue at Two
Hundred Fifty Dollars ($250-00) per day until the Respondents achieved compliance.
(Order Finding Repeat Violation and Assessing Fine, dated May 9, 2018). Respondents
were also assessed administrative costs of $187.93 for the April 24, 2018 hearing. This
order was recorded in the Official Records of Palm Beach County at Book 29877, Pages
1555-1556 on May 25, 2018.
2. Village records indicated that Respondents brought the Subject Property into compliance
with Village codes on May 29, 2018, as stated in the Affidavit of Compliance dated February
8, 2021 and attached hereto as "Exhibit X.
3. The Village and Respondents agreed that in exchange for payment to the Village by
Respondents in the amount of Eight Thousand Dollars ($8,000.00), to be made within thirty
(30) days of the date of this fully executed Stipulation, the Village would release its above
referenced lien. Said release would occur no later than thirty (30) days after receipt of said
payment.
4. Should Respondents fail to pay the Village Eight Thousand Dollars ($8,000.00) within
thirty (30) days of the date of this Stipulation, this Joint Code Compliance Stipulation would
be deemed void and the lien amount shall revert to its full amount and the lien would not
be
released.
5. Nothing contained in this Joint Code Compliance Stipulation would be construed as
precluding the Village from enforcing repeat violations at the Subject Property. Should
Respondents violate the same sections of the Code again, Respondents would be subject
to a fine of up to $500-00 per day for such repeat violation. Should the violations be deemed
to be irreparable and irreversible, Respondents would be subject to a fine of up to
$5,000.00 for each violation. Additionally, the Code Inspector was not required to give a
reasonable time to correct a repeat violation or an irreparable/irreversible violation and the
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Agenda Item #3.
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case may be presented to the Special Magistrate even if the repeat violation had been
corrected or the irreparable/irreversible violation had stopped prior to the Special
Magistrate hearing.
6. Each party would bear its own fees and costs in connection with this matter.
7. The parties agreed to the terms of this Joint Code Compliance Stipulation above.
APPROVAL OF MINUTES
Special Magistrate Wagner approved the previous minutes from the November 10, 2020 and
January 12, 2021 meetings.
APPROVAL OF MINUTES SIGNATURE
ATTEST:
Code Enforcement Officer
APPROVED:
Special Magistrate Date Approved
ADJOURNMENT
This meeting was adjourned at 10:13 am
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