HomeMy WebLinkAboutMinutes_Special Master_7/12/2022 MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
JULY 12, 2022 10:00 AM COUNCIL CHAMBERS
CALL TO ORDER
The Special Magistrate Kevin Wagner began this meeting at 10:0 am and led the pledge of
allegiance. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Michael
Filipkowski and Village Attorney Amity Barnard. The following cases were heard by the Special
Magistrate who swore in five 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: E220075
Linda Bozzuto and Agnes Longenecker
19590 N US Highway 1
Ch. 30 Art. X Sec. 30-361 and Ch. 46 Art. Ill Sec. 46-62
PCN: 60-43-40-30-02-004-0050
Legal Description: JUPITER HEIGHTS LTS 5 TO 8 INC & ABND 40 FT STRIP LYG W
& ADJ THERETO BLK 4
Special Magistrate Wagner ruled there were no findings of fact.
FINE REDUCTION HEARINGS
None were presented at this meeting.
FORECLOSURE AUTHORIZATIONS
None were presented at this meeting.
ANY OTHER MATTERS
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2. 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
A Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and
Robert E. Feeley & Gail I. Feeley ("Respondents") resolved the code enforcement case
identified above in a fair and amicable manner. The Village and Respondents agreed and
stipulated to the following: On January 11, 2022, Respondents' above-referenced property
("Subject Property") was found to be in violation of Chapter 14, Article II, Section 14-31
and Chapter 14, Article I, Section 14-6 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 January 11, 2022).On March 8, 2022, an Order Assessing Fine was issued for the
continuing violation of Chapter 14, Article II, Section 14-31 and Chapter 14, Article I,
Section 14-6 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 Two Thousand, Three
Hundred Dollars ($2,300.00)and continuing to accrue at Fifty Dollars ($50.00) per day until
the Respondents achieved compliance (Order Assessing Fine, dated March 15, 2022).
Respondents were also assessed administrative costs of $187.33 for the March 8, 2022
hearing and administrative costs of$ 199.66 for the January 11, 2022 hearing. This order
was recorded in the Official Records of Palm Beach County at Book 33436, Pages 0147-
0148 on April 1, 2022. 3.Village records indicated that Respondents brought the Subject
Property into compliance with the Village of Tequesta Code of Ordinances and the Florida
Building Code (Seventh Edition) on March 24, 2022, as stated in the Affidavit of
Compliance dated March 24, 2022 and attached hereto as "Exhibit A". The Village and
Respondents agreed that in exchange for payment to the Village by Respondents in the
amount of One Thousand, Five Hundred Ninety-Three Dollars and Fifty Cents ($1,593.50),
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 would occur no later than thirty (30)
days after receipt of said payment. Should Respondents fail to pay the Village One
Thousand, Five Hundred Ninety-Three Dollars and Fifty Cents ($1,593.50)within thirty(30)
days of the date of this Stipulation, the 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 the Joint Code Compliance Stipulation was construed as
precluding the Village from enforcing repeat violations at the Subject Property. Should
Respondents violate the same sections of the Code again, Respondents 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, Respondents 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.
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Each party bared 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 May 10, 2022 meeting.
ADJOURNMENT
This meeting was adjourned at 10:44 am
ATTEST:
APPR
OVED.
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Special Magistrate Date Approved
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