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HomeMy WebLinkAboutMinutes_Special Master_7/11/2023MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL JULY 11, 2023 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wager began the meeting at 10.00 am. and led the pledge of allegiance. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Latoya Thompson and Village Attorney Dylan Brandenburg. The following cases were heard by the Special Magistrate who swore in nine 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 Ch. 14 Art 11 Sec. 14-31, Ch. 14 Art. 1 Sec. (Seventh Edition) 105.1 PCN: 60-42-40-25-25-000-0861 Legal Description: TEQUESTA PINES OR7868P892) 14-6, and Florida Building Code LT 86 (LESS NELY TRGLE PAR /N The findings of fact where 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 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 Florida Building Code. The 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 September fine assess ment/status hearing which will be held September 13th, 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, and July 11th, 2023 hearing was 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 respondent 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. VIOLATION HEARINGS 2. Case Number: 230057 South Cypress Properties LLC 358 Cypress Drive Tequesta, FL 33469 IPMC Ch. 1 Sec. 108 PCN: 60-43-40-30-03-0001-0050 Legal Description: JUPITER /N THE PINES SEC C LT 5 BLK 1 The 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. Based upon the evidence, pictures, and testimony presented at the hearing on March 14, 2023, the property was not in compliance with Chapter 14, Article V, Section 14- 121, of the Code of Ordinances of the Village of Tequesta and Section 108.1.2 of the International Property Maintenance Code. Conclusions of law were the above -stated facts constituted a continuing violation of Chapter 14, Article V, Section 14-121, of the Code of Ordinances of the Village of Tequesta and Section 108.1.2 of the International Property Maintenance Code. It was the order of the Special Magistrate that the Respondents were hereby ordered to comply with sections Chapter 14, Article V, Section 14-121, of the Code of Ordinances of the Village of Tequesta and Section 108.1.2 of the International Property Maintenance Code by September 13th, 2023. If the respondents failed to achieve compliance by the September 13th, 2023, hearing date, a daily fine of two -hundred fifty dollars ($250.00) per day shall be assessed against the property for each day the violation continued to exist. Administrative costs incurred by the Village for the July 11th, 2023 hearing was hereby reserved. The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 13th day of September 2023 at 10.00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that you had timely brought your property into compliance. Should you violate the same Section of the Code again, you 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. 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 meetings May 9, 2023 meeting. ADJOURNMENT This meeting was adjourned at 10:17 am \�\\11\ I I I I1111I I II Illl // ©F..7 Aj , ATTEST. - Village Clerk tt/V MtwutC4�INCORPORATED: APPROVED: Special Vdg'isrtrate Date Approved