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HomeMy WebLinkAboutMinutes_Special Master_7/13/2021MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL JULY 13, 2021 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wager began the meeting at 10:01 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 the 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: E210019 Bank of America 150 Tequesta Dr. Tequesta, FL 33469 Ch. 78 Art. IX Sec. 78-612 PCN: 60-43-40-30-52-000-0010 Legal Description: 2003 TEQUESTA ASSOC LLC LT 1 Finding of facts were the Respondent was the owner of the above -described property. The Respondent was represented at the hearing by Nancy Bowers, Property Manager; there was also a finding of proper notice. By the "Order Finding Violation" dated May 14, 2021, the Special Magistrate ordered the Respondent to comply with Section 78-612 of the Code of Ordinances of the Village of Tequesta on or before May 25, 2021. Based upon the evidence, pictures and testimony presented at the hearing on July 13, 2021, the Special Magistrate found that the property remained in violation of Section 78-612 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were the above -stated facts constituted a continuing violation of Section 78-612 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of One Thousand Two Hundred Dollars ($1,200.00) be assessed against the property, at Twenty -Five Dollars ($25.00) per day, for the violation which had existed on the property beginning from May 26, 2021 through July 13, 2021, a period of forty-eight (48) days; and the fined amount should continue to accrue at Twenty -Five Dollars ($25.00) per day until compliance was achieved. The Respondent was further assessed One Hundred Eighty -Eight Dollars and Ninety -Six Cents ($188.96) for administrative costs incurred by the Village for the July 13, 2021 hearing. Administrative costs in the amount of One Hundred Ninety -Two Dollars and Ninety -Two Cents ($192.92) for administrative costs incurred by the Village for the May 11, 2021 hearing were also reaffirmed. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, should 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. 2. Case Number: E210012 RCMR JV LLC 221 S US Highway 1 Tequesta, FL 33469 Ch. 78 Art. IX Sec. 78-300 and IPMC 308.1 and IPMC 308.3.2 PCN: 60-43-40-30-05-001-0000 Legal Description: WATERWAY VILLAGE UNREC ON AM-3 LT A A/K/A 30-40-43, NL Y 919.78 FT OF SL Y 1127.52 FT OF WL Y 265.65 FT OF SE 114 L YG E OF $ ADJ TOSUSHWY1 Findings 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. By the "Order Finding Violation" dated May 14, 2021, the Special Magistrate ordered the Respondent to comply with Sections 308.1 and 308.3.2 of the International Property Maintenance Code on or before May 28, 2021 and with Section 78-300 of the Code of Ordinances of the Village of Tequesta on or before July 9, 2021. Based upon the evidence, pictures and testimony presented at the hearing on July 13, 2021, the Special Magistrate found that the property achieved compliance with Section 308.1 of the International Property Maintenance Code and Section 78-300 of the Code of Ordinances of the Village of Tequesta within the dates specified in the Order Finding Violation; however, the property remained in violation of Section 308.3.2 of the International Property Maintenance Code (open/unsecured dumpster covers). Conclusions of law was the above -stated facts constituted a continuing violation of Section 308.3.2 of the International Property Maintenance Code. It was the Order of the Special Magistrate that a Fine of One Thousand One Hundred Twenty -Five Dollars ($1,125.00) be assessed against the property, at Twenty -Five Dollars ($25.00) per day, for the violation which had existed on the property beginning from May 29, 2021 through July 13, 2021, a period of forty-five (45) days; and the fine amount should continue to accrue at Twenty -Five Dollars ($25.00) per day until compliance was achieved. The Respondent was further assessed One Hundred Eighty - Five Dollars and Ninety -Six Cents ($185.96) for administrative costs incurred by the Village for the July 13, 2021 hearing. Administrative costs in the amount of Two Hundred Dollars and Ninety -Two Cents ($200.92) for administrative costs incurred by the Village for the May 11, 2021 hearing was 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 3. Case Number. E210048 Jennifer Goldstein 100 Fairview W Tequesta, FL 33469 Ch. 14 Art. 11 Sec. 14-31, Ch. 14 Art. I Sec. Edition) 105.1 PCN: 60-42-40-26-01-000-5540 Legal Description: TEQUESTA LT 554 14-6, and Florida Building Code (Seventh 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. 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. As of the hearing on July 13, 2021, based on the testimony and evidence presented by Code Enforcement Officer Michael Filipkowski, the property was not in compliance with Sections 14-31 and 14-6 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition). Conclusions of Law were the above -stated facts constituted a violation of Sections 14-31 and 14-6 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition). The Respondent was hereby ordered to comply with Sections 14-31 and 14-6 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition) on or before August 10, 2021. If the Respondent failed to achieve compliance on or before August 10, 2021, a daily Fine of Twenty -Five Dollars ($25.00) per day may be imposed for each day the violation continued to exist. The Respondent was further ordered to appear at the Fine Assessment Hearing which was held on the 14th day of September, 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 respondent had timely brought the property into compliance. The Respondent was also assessed Two Hundred One Dollars and Ninety -Two Cents ($201.92) for administrative costs incurred by the Village for the July 13, 2021 hearing. Should they violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Enforcement Officer was not required to give a reasonable time to correct the repeat violation and the case may 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 was always 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 FORECLOSURE AUTHORIZATIONS ANY OTHER MATTERS 4. 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 This case was pulled from the agenda and moved to the September hearing. APPROVAL OF MINUTES Special Magistrate Wagner approved the previous minutes from May 11, 2021. ADJOURNMENT This meeting was adjourned at 10:22 am ATTEST: Village Clerk APPR D- qLZ Spe ial M strate Date Approved i