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Home My WebLink AboutDocumentation_Special Master_Tab 03_1/11/2022Agenda Item #3. Draft MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL NOVEMBER 9, 2021 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wagner began this meeting at 10:03 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 four people 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: E210106 Brianne Paterno 262 Golfview Dr. Tequesta, FL 33469 Ch. 14 Art. H Sec. 14-31, Ch. 14 Art. 1 Sec, Florida Building Code (Seventh Edition) PCN: 60-42-40-26-01-000-2810 Legal Description: TEQUESTA LT 281 14-6, Ch. 78 Art. Vl Sec. 78-143, and 105.1 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 September 20, 2021, the Special Magistrate ordered the Respondent 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. Based upon the evidence, pictures and testimony presented at the hearing on November 9, 2021, the Special Magistrate found that the property remained in 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). Page 3 of 5 Agenda Item #3. Draft Conclusions of Law were the above -stated facts constituted a continuing 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) It was the Order of the Special Magistrate that a Fine of One Thousand, Fifty Dollars ($1,050.00) be assessed against the property, at Twenty -Five Dollars ($25.00) per day, for the violations which had existed on the property beginning from September 29, 2021 through November 9, 2021, a period of forty-two (42) 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 -Six Dollars and Ninety -Six Cents ($186.96) for administrative costs incurred by the Village for the November 9, 2021 hearing. Administrative costs in the amount of One Hundred Ninety -Five Dollars and Ninety -Two Cents ($195.92) for administrative costs incurred by the Village for the September 14, 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. 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 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 November 9, 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. It was the Order of the Special Magistrate that this matter be continued. Please take notice that respondent must appear at the Fine Assessment Hearing which would be held on the 11th day of January, 2022 at 10:00 am at Village Hall Council Page 4 of 5 Agenda Item #3. Draft Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies that they had timely brought their property into compliance. Upon complying in any code compliance matter, it was always the responsibility of the Respondent to contact the Code Compliance Division at (561) 768-0506 to request a reinspection of the property. VIOLATION HEARINGS 3. Case Number. E210161 James Mclaughlin and Jean Mclaughlin 3 Garden St. Unit #103 Tequesta, FL 33469 Ch. 14 Art. H Sec. 14-31, Ch. 14 Art. I Sec. 14-6, and Florida Building Code (Seventh Edition) 105.1 PCN: 60-42-40-25-21-011-1030 Legal Description: TEQUESTA GARDEN COND NO 5 UNIT 103 BLDG K This item was pulled from the agenda as the respondent had achieved compliance. 4. Case Number. E210154 Judith Klein Campbell 403 Beacon St. Tequesta, FL 33469 Ch. 14 Art. H Sec. 14-31, Ch. 46 Art. III Sec. 46-73, and Florida Building Code (Seventh Edition) 105.1 PCN: 60-42-40-25-00-000-5070 Legal Description: 25-40-42, N 145.45 FT OF S 814.75 FT OF E 100 FT OF W 200 FT OF SE 114 OF SE 114 (LESS S25 FT BEACON ST R/VV) Finding of Facts were the Respondent was the owner of the above -described property. The Respondent was present at the hearing, along with Kenneth Culligan, acquaintance; 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 over objection. As of the hearing on November 9, 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 46-73 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition). Conclusion of law were the above -stated facts constituted a violation of Sections 14-31 and 46-73 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition). Page 3 of 5 Agenda Item #3. Draft Two Sheds without Village -Issued Permits The Respondent was hereby ordered to comply with Section 14-31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition), with respect to the two (2) sheds within the rear yard of the home without Village -issued permits, on or before December 1, 2021. If the Respondent failed to achieve compliance on or before December 1, 2021, a daily Fine of up to Two Hundred Fifty Dollars ($250.00) per day could be imposed for each day the violation continued to exist. Removal of Service Connection Lines and Persons Living within Camper The Respondent was further ordered to comply with Section 46-73 of the Code of Ordinances of the Village of Tequesta, with respect to removing the camper's connected service lines and removing all persons living within the camper, on or before November 11, 2021. If the Respondent failed to achieve compliance on or before November 11, 2021, a daily Fine of up to Two Hundred Fifty Dollars ($250.00) per day may be imposed for each day the violation continues to exist. Screening of Camper The Respondent was further ordered to comply with Section 46-73 of the Code of Ordinances of the Village of Tequesta, with respect to instituting required screening for the camper, on or before December 1, 2021. If the Respondent failed to achieve compliance on or before December 1, 2021, a daily Fine of up to Two Hundred Fifty Dollars ($250.00) per day could be imposed for each day the violation continues to exist. The Respondent was further ordered to appear at the Fine Assessment Hearing which would be held on the 11th day of January, 2022 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 their property into compliance. Administrative costs incurred by the Village for the November 9, 2021 hearing were hereby reserved. Should the 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 Inspector was not required to give a reasonable time to correct the repeat violation and the case could 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 There were none. FORECLOSURE AUTHORIZATIONS Page 4 of 5 Agenda Item #3. Draft There were none. ANY OTHER MATTERS There were none. APPROVAL OF MINUTES Special Magistrate Wagner approved the previous minutes from September 14, 2021. ADJOURNMENT This meeting was adjourned at 10:49 am ATTEST: Village Clerk APPROVED: Special Magistrate Date Approved ADJOURNMENT This meeting was adjourned at 10:13 am Page 5 of 5