HomeMy WebLinkAboutDocumentation_Special Master_Tab E_3/29/2001 CODE ENFORCEMENT ORDER
VILLAGE OF TEQUESTA
ORDER FINDING VIOLATION
VILLAGE.OF TEQUESTA,
Petitioner,
Case No. 0016746
v.
LUIS M. BLANCO,
Respondent.
Re: Violation of Article II, Sec. 10-18, of the Code of Ordinances of the Village of Tequesta.
Address: 372 Country Club Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 136
60-42-40-26-01-000-13 60
The Special Master appointed by the Village of Tequesta to hear code enforcement
cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard
testimony at the Code Enforcement Hearing held on the 30th day of November, 2000, and based on
the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF
LAW, and ORDER are hereby entered:
FINDINGS OF FACT
1. The Respondent, Luis M. Blanco, was not present at the hearing, however,
there was a finding of proper notice.
2. Sgt. Irovando testified to and produced photographs of the violation.
V 7�?/
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CONCLUSIONS OF LAW
The Respondent, John Keays, is no longer in violation of Chapter 10, Health and
Sanitation, Article II, Weeds, Undergrowth and Other Plant Life, Sec. 10-18. Unlawful growth
enumerated, (a), of the Code of Ordinances of the Village of Tequesta.
ORDER
It is the Order of the Code Enforcement Special Master that the Respondent's fine
shall be reduced to six hundred eighty six dollars and thirty cents($686.30). This amount shall be
paid by the 30th day of May, 2001, or the original fine of one thousand three hundred fifty dollars
($1,350.00)will be reinstated.
DONE AND ORDERED this 29th day of March, 2001.
VILLAGE OF TEQUESTA
CODE ENFORC ,iviEN f
_ Y:.
Special Master
JONES
FOSTER Flagler Center Tower,Suite 1100 Mailing Address
JOHNSTON 505 South Flagler Drive Post Office Box 3475
4� � J�C �� West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475
L %. / Telephone(561)659 3000 Facsimile(561)332 145 4
Attorneys and Counselors
John C.Randolph,Esq.
Direct Dial: (561)650-0458
E-mail:jrandolph@jones-foster.com
February 21, 2001
Sergeant John Irovando
Code Enforcement Officer
Village of Tequesta
Post Office Box 3273 •
Tequesta,Florida 33469-0273
RE: Village of Tequesta
Code Enforcement Board Case No. 0016746
Luis M. Blanco, 372 Country Club Drive
Our File No. 13153.1
Dear John:
Enclosed please find the Code Enforcement Order Assessing Fine,entered January 25,2001,relating
to the above captioned property,which was recorded in the public records of Palm Beach County,
Florida, on February 6, 2001, in Official Record Book 12295,at Page 1624.
Sincerely,
•
JONES, FO R, JOHNSTON & STUBBS,P.A.
Jo C. Randolph
JCR/ssm
Enclosure
CONCLUSIONS OF LAW
Respondent is in violation of Article II, Sec. 10-18 of the Code of Ordinances of the
Village of Tequesta.
ORDER
It is the Order of the Code Enforcement Special Master that Respondent, Luis M.
Blanco, shall comply with Article II, Sec. 10-18 of the Code of Ordinances of the Village of
Tequesta by the 5th day of December, 2000.
If Respondent does not comply within the time specified, a fine of up to two hundred
fifty dollars($250.00)per day;five hundred($500.00)per day for repeat violators, may be assessed
for each day the violation continues to exist. Respondent shall also be responsible for reimbursing
the Village for amounts billed should they rectify this violation.
If Respondent does not comply within the time specified,a r ine Assessment Hearing
will be held before the Special Master on the 26th day of January, 2000, at 10:00 a.m., at the
Tequesta Village Council Chambers, 357 Tequesta Drive, Tequesta, Florida 33469.
Upon complying, it is the responsibility of the Respondent to notify the Village of
Tequesta Code Enforcement Clerk at (561) 575-6213 to request a reinspection of the property.
DONE AND ORDERED this 30th day of November, 2000.
VILLAGE OF TEQUESTA
CODE ENFORCEMENT
BY: SL-- (C'f Cu,a
Special Master
ORB 1 2295 Pg
, • DOROTHY H. WILKEN, CLERK PB COUNTY, FL
CONCLUSIONS OF LAW
Respondent remains in violation of Chapter 10, Health and Sanitation, Article II,
Weeds, Undergrowth and Other Plant Life, Section 10-18, of the Code of Ordinances of the Village
of Tequesta.
ORDER
It is the Order of the Code Enforcement Special Master that Respondent, Luis M.
Blanco, shall immediately comply with Chapter 10, Health and Sanitation, Article II, Weeds,
Undergrowth and Other Plant Life, Section 10-18, of the Code of Ordinances of the Village.of
Tequesta.
A fine of one thousand three hundred fifty dollars($1,350.00)is hereby assessed for
the violation that has existed. The fine is imposed for the period from December 5, 2000, through
January 25,2001, and will continue to accrue at twenty five dollars($25.00)per day for each day the
violation continues to exist. -
A certified copy of this Order may be recorded in the Public Records of Palm Beach
County,Florida,and,once recorded,shall constitute alien against the property ofthe original amount
upon which the violation existed and upon any other real or personal property owned by the
Respondent, pursuant to Chapter 162, Florida Statutes for the original amount.
Upon complying, it is the responsibility of the Respondent to notify the Village of
Tequesta Code Enforcement Clerk at (561) 575-6213 to request a reinspection of the property.
DONE AND ORDERED this 25th day of January, 2001.
VILLAGE OF TEQUESTA
CODE ENFORCEMENT
BY: ¢�:�,,/ / 17 i
Special Master
I ABOVE AN r ��-rD' ^
HEREBY CERTIFY THE � O �. .�� i.a :P.,':..'�.. y�: i•......:
CORRECT COPY APPEARING FROM THE I F'Xi ' .t.,I ,?:r :l; AG
CLERK'S OFFICE, VILLAGE OC T..: .. _. ;
AFFIX THE OFFICIAL SEAL (HIS4. . -DM 09
i A c
JOANN MAN NIELLO, \•'Il.s�r� �� '-
l
�I
TONES
FOSTER Flagler Center Tower,Suite 1100 Mailing Address
TOSTON 505 South Flagler Drive Post Office Box 3475
Q, r 11 V �� West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475
C7l S Telephone(561)659-3000 Facsimile(561)832-1454
Attorneys and Counselors
John C.Randolph,Esq.
Direct Dial:(561)650-0458
E-mail:jrandolph@jones-foster.com
March 19, 2001
Sergeant John Irovando
Code Enforcement Officer
Village of Tequesta
Post Office Box 3273
Te�questa,Florida 33469-0273
RE: Village of Tequesta
Code Enforcement Board Case No. 0016746
� Luis M. Blanco, 372 Country Club Drive
Our File No. 13153.1
Dear Sergeant Irovando:
This is in response to your letter of March 16,2001,regarding your request for a Release of Lien.
I have prepared an appropriate release which can be executed only upon the final approval by Village
Council. If you have an amount which you would recommend as satisfying the lien,you should take
that to the Special Master and in the event the Special Master agrees with your recommendation,the
Matter can then be referred to the Village Council. It is my opinion that the Village Council should
be the final authority to determine whether the lien will be released as the lien was recorded in favor
of the Village.
Sincerely,
JONES,F TER, JOHNST N& STUBBS, P.A.
ohn C. Randolph
JCR/ssm
Enclosure
cc: Michael R. Co1177o, Jr.
Stephen Allison, Chief of Police
I '
Memorandum
TO: Michael Couzzo, Village Manager
FROM: Stephen J. Allison, Chief of Police
Subject: Agenda item — Release of Lien
Date: April 29, 2001
The attached memorandum from the code enforcement officer outlines the
enforcement action taken at 372 Country Club Drive.
The property is now in compliance. The owner appeared before the Special
Master for a fine reduction hearing and has paid the reduced fine ordered at the
Master
The final step in resolving this case is the release of lean, which,
according to Mr. Randolph, needs Council approval. (See attached is a "Release
of Lien" form prepared by Mr. Randolph.)
Tequesta Police
Department
Memo
•
To: Stephen Allison, Chief of Police
From:Sergeant John Irovando-•
CC: Michael Couzzo,Village Manager
Date: 4/5/01
Re: Release of Lien 372 Country Club Drive
On October 12, 2000, I observed the property of 372 Country Club Drive,
Tequesta, Florida, 33469 to be in violation of village ordinance in that grass, weeds,
and undergrowth had been allowed to grow to a height of more than 12 inches from
ground level.
In conducting my investigation I learned that the owner of the property was one
Luis M. Blanco and that he and his wife had apparently separated and had
abandoned the property. I prepared and issued a Notice of Violation for the above-
described violation, which was sent via registered mail and signed for by Mrs.
Blanco.
On November 11, 2000, a Special Master Hearing was conducted due to the fact
that the violation had not been corrected as required. At that hearing the Special
Master found that Mr. Blanco was in fact in violation and ordered him to correct the
violation by December 5, 2000 or a fine of$25.00 per day would be imposed.
On January 25, 2001, at the Special Master Hearing conducted that day, I showed
evidence that the violation had not been correct and as a result an order was issued
by the Special Master imposing a fine of $1350.00. Mr. John Randolph, Village
Attorney, as a lien against the property properly recorded this order in the Public
Records of Palm Beach County.
During the end of December 2000, I noticed that the abandoned property had
been cleaned up and did locate one John Keays, 176 Golfview Drive, Tequesta,
Florida, 33469 on the property. Mr. Keays informed me that Mr. Blanco had signed a
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quick claim deed over to Mrs. Carolyn Magnor who was the 2nd mortgage holder on
the property. Mr. Keays informed me that he was a former owner of 372 Country
Club Drive and was attempting to clear up all the liens against the property so that he
could repurchase it from Mrs. Magnor. He informed me that Mrs. Magnor and himself
would request a fine reduction hearing in front of the Special Master concerning the
lien recorded against the property.
On March 29, 2001, a Fine Reduction Hearing was conducted and after providing
testimony and meeting all the requirements of village ordinance the Special Master
issued a Fine Reducing Order reducing the fine to $686.30.
On April 5, 2001, Mr. Keays did come to the Tequesta Police Department and did
issue a check making full payment in the amount of$686.30.
At my request, I had Mr. Randolph prepare a Release of Lien Form with respect to
this matter. I have been advised by Mr. Randolph that the Village Council should be
the final authority to determine whether the lien will be released and that this matter
should be placed on the agenda for the next Village Council meeting. Mr. Keays
informed me that he would be present at that meeting to answer any questions if
required.
Attached is a copy of the recorded Order Imposing the Fine, a copy of the Order
Reducing the Fine, the check issued by Mr. Keays making full payment, and the
Release of Lien form prepared by Mr. Randolph. Should you require any further
information please advise me.
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VILLAGE OF TEQUESTA
Post Office Box 3273 • 250 Tcgj csta Drive,Suite 300
Tequesta.• Ptorlda 33469.0273 • (561)575-6200
,, • .\ .p ; Fax:(561)575-6203
• i j'
May 15,2001
John C.Randolph,Esq.
Jones,Foster,Johnston&Stubbs PA
P.O. Box 3475
West Palm Beach,FL 33402-3475
Re: Release of Lien-372 Country Club Drive,Tequesta,Florida
Dear Mr.Randolph:
Enclosed please find the above referenced Release of Lien for recording. Thank you.
Sincerely,
Betty Laur
Acting Village Clerk
BL/s
Enclosure
Rsryokd Papa
THIS INSTRUMENT WAS PREPARED BY:
JOHN C.RANDOLPH,Esquire
Jones,Foster,Johnston&Stubbs,P.A.
Post Office Box 3475
West Palm Beach,Florida 33402-3475
RELEASE OF LIEN
THIS IS TO CERTIFY that the Code Enforcement Order filed by the Village of Tequesta,
dated January
25,2001,and recorded February 6,2001,in Official Record Book 12295,at Page
1624,public records of Palm Beach County,Florida,against LUIS M.BLANCO and the following
described property:
Address; 372 Country Club Drive
'requests,Florida
Legal: Teq aesta Lt 136
60 42 40-26-01.000-1360 releases
tthe Village of Tequestathroughthe undersigned authority hereby
has been released,z►nd tha
the said lien as to the whole of the above-described real property,and consents that the same be
discharged of record.
day of 2001.
Dated this /5 VESTA
Signed,scaled and delivered VILLAGE OF TEQ
CODE ENFORCEMENT
in the presence of:
By
40
Its .'�s..
?ETTY
Print Name
Witness
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing i at was ack before me this Id_day of2001, nowledged, _11�,c (Y1(�r1 C, c ofthe Vili e
as
ofTeq y fown to me or who has produced of Tcquesta,Florida,o who is person
not)take an off•
as identification and who did(d
Signature ofNotary Public
itcowl ammmis 'Printed name of Notary Public
my ConisionCC.01211
Commission Number
2
Feb-06-2001. 12:46po 01-044879
RECORD AND RETURN TO: ORB .12 29t5 Pg 1 E. 4
OHN C. RANDOLPH, ESQUIRE 11111111111111111131111111111111111111111111111111111
ONES,.
FOSSFITEK JOHNSTON & STUBBS,P.A.
3475
TEST PALM BEACH, FL 33402-3475
TILL CALL #85 , / CODE ENFORCEMENT ORDER
\/ VILLAGE OF TEQUESTA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner, Case No. 0016746
V.
LUIS M. BLANCO,
Respondent.
Re: Violation of Chapter 10,Health and Sanitation,Article II,Weeds,Undergrowth and Other Plant
Life, Section 10-18, of the Code of Ordinances of the Village of Tequesta.
Address: 372 Country Club Drive
Tequesta, Florida
Legal Description: TEQUESTA LT 136
60-42-40-26-01-000-13 60
The Special Master appointed by the Village of Tequesta to hear code enforcement
cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes,^has heard
Lestim)ny at LLIC'vl.0 i iuuiv:..:.�i.: _... :.s.bL w.�.ia uay.G.JLi::.t.j' ir January,
evidence and testimony presented,the following FINDINGS OF FACT,CONCLUSIONS OF LAW,
and ORDER are hereby entered:
FINDINGS OF FACT
1. The Respondent, Luis M. Blanco, Was not present at the hearing, however,
there was a finding of proper notice.
2. The Tequesta Code Enforcement Officer testified to the ongoing violation.
He testified that the Village had the grass cut at the property and the cost was seventy five dollars
($75.00).
•
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THIS INSTRUMENT WAS PREPARED BY:
JOHN C. RANDOLPH,Esquire
Jones,Foster,Johnston& Stubbs, P.A.
Post Office Box 3475
West Palm Beach,Florida 33402-3475
RELEASE OF LIEN
THIS IS TO CERTIFY that the Code Enforcement Order filed by the Village of Tequesta,
dated January 25, 2001, and recorded February 6, 2001, in Official Record Book 12295, at Page
1624,public records of Palm Beach County,Florida,against LUIS M.BLANCO and the following
described property:
Address: 372 Country Club Drive
Tequesta,Florida
Legal: Tequesta Lt 136
60-42-40-26-01-000-1360
has been released,and that the Village of Tequesta through the undersigned authority hereby releases
the said lien as to the whole of the above-described real property, and consents that the same be
discharged of record.
Dated this day of ,2001.
Signed, sealed and delivered VILLAGE OF TEQUESTA
in the presence of: CODE ENFORCEMENT
By
Witness
Its
Print Name
Witness
Print Name
CODE ENFORCEMENT ORDER
VILLAGE OF TEQUESTA
ORDER REDUCING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 0016746
v.
JOHN KEAYS,
Respondent.
Re: Violation of Chapter 10,.Health and Sanitation, Article II, Weeds, Undergrowth and Other
Plant Life, Sec. 10-18. Unlawful growth enumerated,(a), of the Code of Ordinances of the Village
of Tequesta.
Address: 372 Country Club Drive
Tequesta,Florida
Legal Description: TEQUESTA LT 136
60-42-40-26-01-000-1360
The Special Master appointed by the Village of Tequesta to hear code enforcement
cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard
testimony at the Code Enforcement Hearing held on the 29th day of March,2001, and based on the
evidence and testimony presented finds that this property is now in compliance. The following
FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered:
FINDINGS OF FACT
1. The Respondent,John Keays,was present at the hearing and testified that he was the
new owner of the property and is in the process of renovating it.
2. The Tequesta Code Enforcement Officer testified that the property is in compliance.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2001,by as ofthe Village
of Tequesta,Florida,who is personally known to me or who has produced
as identification and who did (did not)take an oath.
Signature of Notary Public
Printed name of Notary Public
Commission Number
2