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HomeMy WebLinkAboutMinutes_Special Master_3/9/2021MINUTES 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 AT WATERWAY LT 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, 2-181, 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. 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, 2-181, 78-399, 78-400, 78-404, and 78-406 of the Code of Ordinances of the Village of Tequesta. No Text Conclusions of Law were the above -stated facts constitute a continuing 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 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 No Text Clifford E. Gilbert and Dana Lorraine Gilbert 109 Beechwood Trl Tequesta, FL 33469 Ch. 30 Art. 11 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 A". 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 No Text and the 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 ,_:cial:gistrate Date Approved OUMENT This meeting was adjourned at 10:13 am No Text