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HomeMy WebLinkAboutMinutes_Special Master_9/14/2021v OF re9& sA 7 ;S�tl��y 1i f7Ch COON' 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. 11 Sec. 14-31, 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 LT 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). 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. 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. 11 Sec. 14-31, Ch. 14 Art. I Sec. 14-6, Ch. 78 Art. VI Sec. 78-143, and Florida Building Code (Seventh Edition) 105.1 PCN: 60-42-40-26-01-000-2810 Legal Description: TEQUESTA LT 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 Code (Seventh Edition) on or before September 28, 2021. If the Respondent failed to achieve compliance on or before September 28, 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. 78-404, 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, 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. APPROVAL OF MINUTES Special Magistrate Wagner approved the previous minutes from July 13, 2021. ADJOURNMENT This meeting was adjourned at 10:26 am ATTEST: h Village Clerk 'Mjayr t(I t21 11 APPR pecial Ma tr a Date Approved