HomeMy WebLinkAboutMinutes_Special Master_3/8/2022MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
MARCH 8, 2022 10:00 AM COUNCIL CHAMBERS
CALL TO ORDER
The Special Magistrate Kevin Wagner began this meeting at 10:05 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 three 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
Case Number: E210213
Robert E. Feeley & Gail 1. Feeley
121 Fairview E. Tequesta, FL 33469
Ch. 14 Art. 11 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
Findings of fact 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. By the "Order Finding Violation" dated January 11, 2022, the Special Magistrate
ordered 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. The Special Magistrate further ordered 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
completing all work as required by the appropriate Village building permit, on or before
February 10, 2022. Based upon the evidence, pictures and testimony presented at the
hearing on March 8, 2022, the Special Magistrate found that the Respondents had applied
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for a Village building permit, but not by the above -specified deadline of January 21, 2022.
The Special Magistrate further found that, as of the March 8, 2022 hearing date, the
Respondents had not paid the applicable building permit fee, and therefore the building
permit had not been issued by the Village.
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 Two Thousand, Three Hundred
Dollars ($2,300.00) be assessed against the property, at Fifty Dollars ($50.00) per day, for
the violations which had existed on the property beginning from January 22, 2022 through
March 8, 2022, a period of forty-six (46) days; and the fine amount should continue to
accrue at Fifty Dollars ($50.00) per day until compliance was achieved. The Respondents
were further assessed One Hundred Eighty -Seven Dollars and Thirty -Three Cents
($187.33) for administrative costs incurred by the Village for the March 8, 2022 hearing.
Administrative costs in the amount of One Hundred Ninety -Nine Dollars and Sixty -Six
Cents ($199.66) for administrative costs incurred by the Village for the January 11, 2022
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, should constitute a lien against the property upon which the
violation existed and upon any other real or personal property owned by the Respondents,
pursuant to Chapter 162, Florida Statutes. 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.
VIOLATION HEARINGS
2. Case Number: E210200
Lionel D. Samuels & Elissa Samuels
118 Pine Hill TH. W.
International Property Maintenance Code 304.7
PCN: 60-42-40-25-25-000-1490
Legal Description: TEQUESTA PINES LT 149
Finding of fact were the Respondents were the owners of the above -described property.
The Respondents were present at the hearing; 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. As of the hearing on March 8, 2022, 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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The Respondents were hereby ordered to comply with Section 304.7 of the International
Property Maintenance Code within forty-five (45) days of the March 8, 2022 hearing date,
or on or before April 22, 2022. If the Respondents failed to achieve compliance within forty-
five (45) days of the March 8, 2022 hearing date, a daily fine of Twenty -Five Dollars
($25.00) per day could be imposed for each day the violation continues to exist. The
Respondents were further ordered to appear at the Fine Assessment Hearing/Status
Hearing which was held on the 10th day of May, 2022 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, unless the Respondents had brought the property into
compliance. Respondents were also assessed Two Hundred Four Dollars and Ninety -Nine
Cents ($204.99) for administrative costs incurred by the Village for the March 8, 2022
hearing. Should they violate the same Section of the Code again, they could 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
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.
APPROVAL OF MINUTES
Special Magistrate Wagner approved the previous minutes from the November 9, 2021 and
January 11, 2022 meeting.
ADJOURNMENT
This meeting was adjourned at 10:25 AM.
ATTEST:
Village Clerk �At fq&0�&
APPROVED:
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ci Ostrate Date Approved
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