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Home My WebLink AboutDocumentation_Special Master_Tab 03_3/8/2022 Agenda Item #3. DraftDraft MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL JANUARY 11, 2022 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wagner 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 two 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 None were presented at this meeting. VIOLATION HEARINGS 1. Case Number: E210213 Robert E. Feeley & Gail I. Feeley 121 Fairview E. Tequesta, FL 33469 Ch. 14 Art. II Sec. 14-31, Ch. 14. Art. I Sec. 14-6, & Florida Building Code (Seventh Edition) 105.1 PCN: 60-42-40-26-01-000-5410 Legal Description: TEQUESTA LT 541 Finding of facts were the Respondents were the owners of the above-described property. The Respondents were not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Michael Filipkowski provided testimony and evidence of ed into evidence without objection. Village of Tequesta Utilities Department Technician Vincent Chesnes also provided testimony and evidence of the violation. As of the hearing on Page 1 of 4Page 3 of 6 Agenda Item #3. DraftDraft January 11, 2022, based on the testimony and evidence presented by Code Enforcement Officer Michael Filipkowski and Utilities Department Technician Vincent Chesnes, 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 constitute 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). It was the Order of the Special Magistrate for the Respondents 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), with respect to applying for the appropriate Village building permit, on or before January 21, 2022. If the Respondents failed to achieve compliance on or before January 21, 2022, a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day the violation continued to exist. Completing Work as Required by Village Building Permit; the Respondents were further 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), with respect to completing all work as required by the appropriate Village building permit, on or before February 10, 2022. If the Respondents failed to achieve compliance on or before February 10, 2022, a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day the violation continued to exist. The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 8th day of March, 2022 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that the Respondents had timely brought the property into compliance. Respondents are also assessed One Hundred Ninety-Nine Dollars and Sixty-Six Cents ($199.66) for administrative costs incurred by the Village for the January 11, 2022 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 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 Respondents 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. Page 2 of 4Page 4 of 6 Agenda Item #3. DraftDraft ANY OTHER MATTERS 2. 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 A Joint Code Enforcement stipulation between the Village of Tequesta and Bank of America (the legal name of which is Bank of America, National Association) ("Respondent") resolved the code enforcement case identified above in a fair and amicable manner. The Village and Respondent agreed and stipulated to the following: On May 11, 2021, Respondent's above-referenced property ("Subject Property") was found to be in violation of Chapter 78, Article IX, Section 78-612 of the Code of Ordinances of the Village of Tequesta (Order Finding Violation, dated May 14, 2021). On July 13, 2021, an Order Assessing Fine was issued for the continuing violation of Chapter 78, Article IX, Section 78-612 of the Code of Ordinances of the Village of Tequesta, assessing a fine of One Thousand Two Hundred Dollars ($1,200.00) and continuing to accrue at Twenty-Five Dollars ($25.00) per day until the Respondent achieved compliance (Order Assessing Fine, dated July 16, 2021). Respondent was also assessed administrative costs of $192.92 for the May 11, 2021 hearing, and administrative costs of $188.96 for the July 13, 2021 hearing. Village records indicated that Respondent brought the Subject Property into compliance with Village codes on July 17, 2021, as stated in the Affidavit of Compliance dated July 17, 2021, and attached hereto as "Exhibit A". On August 10, 2021, the Village received payment from Respondent in the amount of Eight Hundred Dollars ($800.00), and pursuant to this Stipulation, the Village has agreed to accept such payment in full satisfaction of the fine and costs set forth in Paragraph 2 of this Stipulation. Nothing contained in this Joint Code Compliance Stipulation should 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 may 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, Respondent may 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 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. Each party shall bear its own fees and costs in connection with this matter. The parties agreed to the terms of this Joint Code Compliance Stipulation above. The Joint Code Compliance Stipulation 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 November 9, 2021. Page 3 of 4Page 5 of 6 Agenda Item #3. DraftDraft ADJOURNMENT This meeting was adjourned at 10:15 am ATTEST: Village Clerk APPROVED: Special Magistrate Date Approved Page 4 of 4Page 6 of 6