HomeMy WebLinkAboutMinutes_Special Master_5/9/2023MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
MAY 9, 2023 10:00 AM COUNCIL CHAMBERS
CALL TO ORDER
The Special Magistrate Kevin Wager began the meeting at 10:00 am. and led
allegiance. Present were Special Magistrate Kevin Wagner, Code Enforcement
Thompson and Village Attorney Dylan Brandenburg. The following cases were
Special Magistrate who swore in six 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: E220246
Gregory Boomhower and Jill Boomhower
1 Pine Hill Trl W. Tequesta, FL 33469
the pledge of
Officer Latoya
heard by the
Ch. 14 Art 11 Sec. 14-31, Ch. 14 Art. 1 Sec. 14-6, and Florida Building Code
(Seventh Edition) 105.1
PCN: 60-42-40-25-25-000-0861
Legal Description: TEQUESTA PINES LT 86 (LESS NELY TRGLE PAR /N
OR7868P892)
The finding of facts were the respondents are the owners of the above -described property.
The respondents were present at the hearing; there was a finding of proper notice. Code
Officer Latoya Thompson provided testimony and evidence of the violation, as contained
in the Village's evidentiary case file which was accepted into evidence without objection.
By the "Order Finding Violation" dated March 14th, 2023, the Special Magistrate ordered
the Respondents to comply with Chapter 14, Article II, Section 14-31, 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) by May 9th, 2023. Based upon the evidence,
pictures, and testimony presented at the hearing on May 9th, 2023, the property remained
in non-compliance with sections 14-31, 14-6, and 105.1 of the Tequesta Code of
Ordinances and
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Florida Building Code.
Conclusions of law were the above -stated facts constituted a continuing violation of
Sections 14-31, 14-6, and 78-795 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 the fine violation/status hearing was hereby
reset to the July fine assessment/status hearing which would be held July 11th, 2023, at
10:00 a m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469. Administrative costs incurred by the Village for the May 9th, 2023, hearing were
hereby reserved. Note that the property remained in non-compliance. The Village reserved
the right to impose fines for each day the violation remained in non-compliance of the
original March 14th, 2023, order finding violation. Should the respondents 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 with 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.
2. Case Number: E220257
225 Beach Road Corp
225 Beach Rd #204 Tequesta, FL 33469
Ch.14 Art. 11 Sec. 14-31, Ch.14 Art. I Sec. 14-6, and Florida Building Code
(Seventh Edition) 105.1
PCN: 60-43-40-32-03-000-2040
Legal Description: Ocean Villas Condo APTS unit 204
Finding of facts were the Respondents were the owners of the above -described property.
The Respondents were present at the hearing; there was a finding of proper notice. Code
Officer Latoya Thompson provided testimony and evidence of the violation, as contained
in the Village's evidentiary case file which was accepted into evidence without objection.
By the "Order Finding Violation" dated March 14th, 2023, the Special Magistrate ordered
the Respondents to comply with Chapter 14, Article 11, Section 14-31, 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) by March 24th, 2023. Based upon the
evidence, pictures, and testimony presented at the hearing on May 9th, 2023, the property
had obtained compliance with sections 14-31, 14-6, and 105.1 of the Tequesta Code of
Ordinances and Florida Building Code within the time set by the Special Magistrate.
Conclusions of law were the property was now in compliance with Sections 14-31, 14-6,
and 105.1 of the Code of Ordinances of the Village of Tequesta and the Florida Building
Code (Seventh Edition).
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It was the order of the Special Magistrate that the Respondents were hereby assessed
three hundred eighty-eight dollars and thirty cents ($388.30) for administrative costs
incurred by the Village for the March 14th, 2023, and May 9th, 2023, special magistrate
code hearings. 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.
VIOLATION HEARINGS
None were presented at this meeting.
FINE REDUCTION HEARINGS
None were presented at this meeting.
FORECLOSURE AUTHORIZATIONS
None were presented at this meeting.
ANY OTHER MATTERS
None were presented at this meeting.
APPROVAL OF MINUTES
Special Magistrate Wagner approved the previous minutes from the March 14, 2023 meeting.
ADJOURNMENT
This meeting was adjourned at 10:14 am.
-7 11, P-�
Date Approved
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