HomeMy WebLinkAboutMinutes_Special Master_5/10/2022MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
MAY 10, 2022 10:00 AM COUNCIL CHAMBERS
CALL TO ORDER
The Special Magistrate Kevin Wagner began this meeting at 10:02 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
None were presented at this meeting.
VIOLATION HEARINGS
1. Case Number: E220042
Donna V. Keelty Trust, Patrick J. Keelty Trust, Donna V. Keelty TR, and Patrick J.
Keelty TR
225 Beach Rd. Unit 506
Ch. 14 Art. H Sec. 14-31, Ch. 14 Art. I Sec. 14-6, and Florida Building Code (Seventh
Edition) 105.1
PCN: 60-43-40-32-03-000-5060
Legal Description: OCEAN VILLAS COND APTS UNIT 506
The property had come into compliance and was pulled from the agenda.
FINE REDUCTION HEARINGS
None were presented at this meeting.
FORECLOSURE AUTHORIZATIONS
None were presented at this meeting.
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ANY OTHER MATTERS
2. 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
A Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") anc
Brianne Paterno ("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 September 14, 2021, Respondent's above -referenced property ("Subject
Property") was found to be in violation of Chapter 14, Article II, Section 14-31, Chapter 14,
Article I, Section 14-6, and Chapter 78, Article VI, Section 78-143 of the Code of
Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code
(Seventh Edition)(Order Finding Violation, dated September 20, 2021).On November 9,
2021, an Order Assessing Fine was issued for the continuing violation of Chapter 14,
Article II, Section 14-31, Chapter 14, Article I, Section 14-6, and Chapter 78, Article VI,
Section 78-143 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of
the Florida. Building Code (Seventh Edition), assessing a fine of One Thousand, Fifty
Dollars ($1,050.00) and continuing to accrue at Twenty -Five Dollars($25.00) per day until
the Respondent achieved compliance (Order Assessing Fine, dated November 12, 2021).
Respondent was also assessed administrative costs of $186.96 for the November 9, 2021
hearing and administrative costs of $195.92 for the September 14, 2021 hearing. This order
was recorded in the Official Records of Palm Beach County at Book 33101, Pages 1457-
1459 on December 3, 2021.
Village records indicated that Respondent brought the Subject Property into compliance
with the Village of Tequesta Code of Ordinances and the Florida Building Code (Seventh
Edition) on March 7, 2022, as stated in the Affidavit of Compliance dated March 7, 2022
and attached as "Exhibit A". The Village and Respondent agreed that in exchange for
payment to the Village by Respondent in the amount of Two Thousand, One Hundred
Sixty -Six Dollars and Forty- Four Cents ($2,166.44), 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 should occur no later than thirty (3 0) days after receipt of said payment.
Should Respondent fail to pay the Village Two Thousand, One Hundred Sixty -Six Dollars
and Forty -Four Cents ($2,166.44) within thirty (30) days of the date of this Stipulation, this
Joint Code Compliance Stipulation would be deemed void and the lien amount would revert
to its full amount and the lien would not be released. Nothing contained in this Joint Code
Compliance Stipulation would 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 could 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
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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.
Each party would 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 the March 8, 2022 meeting.
ADJOURNMENT
This meeting was adjourned at 10:06 AM.
ATTEST:
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Date Approved
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