HomeMy WebLinkAboutDocumentation_Special Master_Tab 05_11/9/2021Agenda Item #5.
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MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
SEPTEMBER 14, 2021 10:00 AM COUNCIL CHAMBERS
CALL TO ORDER
The Special Magistrate Kevin Wager began this meeting at 10:00 am and led the pledge of
allegiance. 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: E210048
Jennifer Goldstein
100 Fairview W
Tequesta, FL 33469
Ch. 14 Art. H Sec. 14-315 Ch. 14 Art. I Sec. 14-6, and Florida Building Code (Seventh
Edition) 105.1
PCN: 60-42-40-26-01-000-5540
Legal Description: TEQUESTA L T 554
Findings of fact 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 July 16, 2021, the Special Magistrate ordered the
Respondent 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. Based upon the evidence, pictures and testimony presented at
the hearing on September 14, 2021, the Special Magistrate found that the property
remained in 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).
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Agenda Item #5.
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Conclusions of Law were the above -stated facts constituted a continuing 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).
It was the Order of the Special Magistrate that a Fine of Eight Hundred Fifty Dollars
($850.00) be assessed against the property, at Twenty -Five Dollars ($25.00) per day, for
the violations which had existed on the property beginning from August 11, 2021 through
September 14, 2021, a period of thirty-four (34) days; and the fine amount would continue
to accrue at Twenty -Five Dollars ($25.00) per day until compliance was achieved. The
Respondent was further assessed One Hundred Eighty -Six Dollars and Ninety -Six Cents
($186.96) for administrative costs incurred by the Village for the September 14, 2021
hearing. Administrative costs in the amount of Two Hundred One Dollars and Ninety -Two
Cents ($201.92) for administrative costs incurred by the Village for the July 13, 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, 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: E210086
Heather N. Sargent
352 Tequesta Dr.
Tequesta, FL 33469
IPMC 304.7
PCN: 60-42-40-25-06-030-0100
Legal Description: JUPITER IN THE PINES SEC B LT 10 BLK 30
Finding of facts were the Respondent was the owner of the above -described property. The
Respondent was present at the hearing, along with Luis Pimentel, Esq.,Counsel; 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. Respondent also submitted evidence
that was received and entered as part of the evidentiary case file without objection. As of
the hearing on September 14, 2021, based on the testimony and evidence presented by
Code Enforcement Officer Michael Filipkowski, the property was not in compliance with
Section 304.7 of the International Property Maintenance Code.
Conclusions of law were the above -stated facts constituted a violation of Section 304.7 of
the International Property Maintenance Code.
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Agenda Item #5.
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The Respondent was ordered to comply with Section 304.7 of the International Property
Maintenance Code on or before November 13, 2021. If the Respondent failed to achieve
compliance on or before November 13, 2021, a daily fine of Fifteen Dollars ($15.00) per
day would be imposed for each day the violation continued to exist. The Respondent was
further ordered to appear at the Fine Assessment Hearing which would be held on the 9th
day of November, 2021 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that
respondent timely brought the property into compliance. the Respondent was also
assessed One Hundred Ninety -One Dollars and Ninety -Two Cents ($191.92) for
administrative costs incurred by the Village for the September 14, 2021 hearing. Should
they violate the same Section of the Code again, they would 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 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.
3. Case Number: E210106
Brianne Paterno
262 Golfview Dr.
Tequesta, FL 33469
Ch. 14 Art. H Sec. 14-31, Ch. 14 Art. I Sec. 14-6, Ch. 78 Art. Vl Sec. 78-143, and Florida
Building Code (Seventh Edition) 105.1
PCN: 60-42-40-26-01-000-2810
Legal Description: TEQUESTA L T 281
Findings of fact 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 September 14, 2021, based on the
testimony and evidence presented by Code Enforcement Officer Michael Filipkowski, the
property was not in compliance with Sections 14-31, 14-6, and 78-143 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,
14-6, and 78-143 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, 14-6, and 78-143 of
the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building
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Agenda Item #5.
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Code (Seventh Edition) on or before September 28, 2021. If the Respondent failed to
achieve compliance on or before September28, 2021, a daily Fine of Twenty -Five Dollars
($25.00) per day may be imposed for each day the violation continues to exist. The
Respondent was further ordered to appear at the Status/Fine Assessment Hearing which
would be held on the 9th day of November, 2021 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement
Officer certified that respondent had timely brought the property into compliance. The
Respondent was also assessed One Hundred Ninety -Five Dollars and Ninety -Two Cents
($195.92) for administrative costs incurred by the Village for the September 14, 2021
hearing. Should respondent 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
None were presented at this meeting.
FORECLOSURE AUTHORIZATIONS
None were presented at this meeting.
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. 78-4045 and Ch. 78 Art. IX Sec. 78-406
PCN: 60-43-40-30-62-000-0010
Legal Description: TEQUESTA AT WATERWAY LT 1
A Joint Code Enforcement stipulation between the Village of Tequesta and Branch Banking
and Trust Company resolved the code enforcement case identified above in a fair and
amicable manner. The Village and Respondent agreed and stipulated to the following:
1. On January 12, 2021, Respondent's above -referenced property was found to be in
violation of Chapter 2, Article IV, Section 2-154, Chapter 2, Article IV, Section 2-181, Chapter
78, Article IX, Section 78-399, Chapter 78, Article IX, Section 78-400, Chapter 78, Article IX,
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Agenda Item #5.
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Section 78-404, and Chapter 78, Article IX, Section 78-406 of the Code of Ordinances of the
Village of Tequesta (Order Finding Violation, dated January 25, 2021).
2. On March 9, 2021, an Order Assessing Fine was issued for the continuing violation of
Chapter 2, Article IV, Section 2-154, Chapter 2, Article IV, Section 2-181, Chapter 78,Article
IX, Section 78-399, Chapter 78, Article IX, Section 78-400, Chapter 78, Article IX, Section
78-404, and Chapter 78, Article IX, Section 78-406 of the Code of Ordinances of the Village
of Tequesta, assessed a fine of Three Hundred Fifty Dollars ($350.00) and continued to
accrue at Fifty Dollars ($50.00) per day until the Respondent achieved compliance (Order
Assessing Fine, dated March 12, 2021). Respondent was also assessed administrative costs
of $186.90 for the March 9, 2021 hearing and administrative costs of $214.80 for the January
12, 2021 hearing. This order was recorded in the Official Records of Palm Beach County at
Book 32324, Pages 1375-1377 on March 26, 2021.
3. Village records indicated that Respondent brought the Subject Property into compliance
with Village codes on May 28, 2021, as stated in the Affidavit of Compliance dated May 28,
2021 and attached hereto as "Exhibit A".
4. The Village and Respondent agreed that in exchange for payment to the Village by
Respondent in the amount of Two Thousand Three Hundred Dollars ($2,300.00), 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 occurred no later than thirty (30) days after receipt of
said payment.
5. Should Respondent fail to pay the Village Two Thousand Three Hundred Dollars
($2,300.00) within thirty (30) days of the date of this Stipulation, the Joint Code Compliance
Stipulation would be deemed void and the lien amount reverted to its full amount and the lien
would not be released.
6. Nothing contained in the Joint Code Compliance Stipulation was to be construed as
precluding the Village from enforcing repeat violations at the Subject Property. Should
Respondent violate the same sections of the Code again, Respondent would be subjected
to a fine of up to $500-00 per day for such repeat violation. Should the violations be deemed
to be irreparable and irreversible, Respondent could 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 case could
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.
7. Each party bared its own fees and costs in connection with this matter.
8. The parties agreed to the terms of this Joint Code Compliance Stipulation above.
The Joint Code Compliance Stipulation was was ordered and adjudged. The foregoing Joint
Code Compliance Stipulation was acknowledged and approved. The parties were directed
to comply with its terms.
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Agenda Item #5.
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APPROVAL OF MINUTES
Special Magistrate Wagner approved the previous minutes from July 13, 2021.
ADJOURNMENT
This meeting was adjourned at 10:26 am
ATTEST:
Code Enforcement Officer
APPROVED:
Special Magistrate Date Approved
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