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Home My WebLink AboutDocumentation_Special Master_Tab 04_3/6/2024 Agenda Item #4. [Draft) MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL NOVEMBER 6, 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 2 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: E230067 Gadde Richard J & Gadde Ligia V 14 Pinetree Cir Tequesta, FL 33469 Ch. 14 Art V Sec 14-121 Sub-sec IPMC 304.2 and Ch. 30 Art H Sec 30-33 PCN: 60-42-40-25-09-000-0220 Legal Description: RIDGEWOOD HOMES LT 22 The findings of facts were the Respondents were the owners of the above-described property. The Respondents were not 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 November 6th, 2023, the property was not in compliance with Chapter 14, Article V, Section 14-121, Subsection 304.2 IPMC and Chapter 30, Article 11, Section 30- 33 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were the above-stated facts constituted a continuing violation of Chapter 14, Article V, Section 14-121, Subsection 304.2 IPMC and Chapter 30, Article 11, Section 30-33 of the Code of Ordinances of the Village of Tequesta. The conditions existing at the property were determined to be a threat to the public health, safety, and welfare. PlRggE6 bt)fl 2 Agenda Item #4. 01 Draft 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, Subsection 304.2 I PMC and Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta by November 16th, 2023. If the respondents failed to achieve compliance by November 16th, 2023, the Village was authorized to enter the property and abate the violations, and to impose the costs of abatement against the property. Administrative costs incurred by the Village for the November 6th, 2023 hearing were hereby awarded in the amount of two-hundred ten dollars and twenty cents ($210.20). The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 10th day of January, 2023 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that respondent had timely brought the property into compliance. Should they violate the same Section of the Code again, they may 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: E230089 Nelson Gregory C & Desilva Michelle L 454 Dover Rd, Tequesta, FL 33469 Ch. 30 Art 11 Sec 30-33 PCN: 60-42-40-25-06-015-0170 Legal Description: JUPITER IN THE PINES SEC B LT 17 BLK 15 The finding of facts were the Respondents were the owners of the above-described property. The Respondents were not 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 November 6th, 2023, the property was not in compliance with Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were the above-stated facts constituted a continuing violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate that the Respondents were hereby ordered to comply with Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta by November 20th, 2023. If the respondents failed to achieve compliance by November 20th, 2023, a daily fine of twenty-five dollars ($25.00) per day would be accessed against the property for each day the violation continued to exist. Administrative costs incurred by the Village for the November 6th, 2023, hearing were hereby awarded in the amount of two hundred eight dollars and twenty cents ($208.20). The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 10th day of January, 2023 at 10:00 a.m. at Village PIRggd2)t)fl 2 Agenda Item #4. 01 Draft Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that the Respondents had timely brought thee property into compliance. 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 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 September 11, 2023. ADJOURNMENT This meeting was adjourned at 10:13 am ATTEST: Village Clerk APPROVED: Special Magistrate Date Approved PIRggE33D6fi 2 Agenda Item #4. [Draft) MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL JANUARY 10, 2024 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wager began this meeting at 10:15 am and led the pledge of allegiance. Present were Special Magistrate Kevin Wagner via Zoom, Code Enforcement Officer Latoya Thompson and Village Attorney Dylan Brandenburg. The following cases were heard by the Special Magistrate who swore in 2 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: E230067 Gadde Richard J & Gadde Ligia V, 14 Pinetree Cir, Tequesta, FL 33469, Ch. 14 Art V Sec 14-121 Sub-sec IPMC 304.2 and Ch. 30 Art 11 Sec. 30-33 PCN: 60-42-40-25-09-000-0220 Legal Description: RIDGEWOOD HOMES LT 22 Violation The finding of facts were the Respondents were the owners of the above-described property. The Respondents were not 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 January 10th, 2024, the property was not in compliance with Chapter 14, Article V, Section 14-121, Subsection IPMC 304.2 of the Code of Ordinances of the Village of Tequesta. Conclusion of law were the above-stated facts constitute a continuing violation of Chapter 14, Article V, Section 14-121, Subsection IPMC 304.2 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate that the Respondents were hereby ordered to PIRggE9 b-bfl2 Agenda Item #4. 01 Draft comply with Chapter 14, Article V, Section 14-121, Subsection IPMC 304.2 of the Code of Ordinances of the Village of Tequesta by January 24th, 2024. If the respondents failed to achieve compliance by January 24th, 2024, a daily fine of fifty dollars ($50.00) per day shall be accessed against the property for each day the violation continued to exist. The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 6th day of March, 2024 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that they had timely brought the property into compliance. 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. Fine Assessment The finding of facts were the Respondents were the owners of the above-described property. The Respondents were not 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 November 6th, 2023, the Special Magistrate ordered the Respondents to comply with Chapter 30, Article II, Section 30-33 of the Code of Ordinance of the Village of Tequesta by November 16th, 2023) if not complied, the Village was thereby authorized to enter the property and to abate the violations, imposing the costs of the abatement against the property. Based upon the evidence, pictures, and testimony presented at the hearing on January 10th, 2024, the property remained out of compliance as of November 16th, 2023. The Village entered the property and abated the violation. Conclusions of law were the property was now in compliance with Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate that the Respondents were hereby assessed three hundred dollars ($300.00) for abatement costs incurred by the Village. The Respondents were hereby assessed one hundred ninety-three dollars and ten cents ($193.10) for administrative costs incurred by the Village for the January 10th, 2023, special magistrate code hearing. Should they violate the same Section of the Code again, they may 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 may 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) 768-0458 to request a reinspection of the property. 2. Case Number: E230089 Nelson Gregory C & Desilva Michelle L 454 Dover Rd, Tequesta, FL 33469 Ch. 30 Art 11 Sec 30-33 PCN: 60-42-40-25-06-015-0170 Legal Pa@eg 2)-bfl2 Agenda Item #4. 01 Draft Description: JUPITER IN THE PINES SEC B LT 17 BLK 15 Finding of facts were the Respondents were the owners of the above-described property. The Respondents were not 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 November 6th, 2023, the Special Magistrate ordered the Respondents to comply with Violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta by November 20th, 2023. Based upon the evidence, pictures, and testimony presented at the hearing on January 10th, 2024, the property obtained compliance with Violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta as of January 10th, 2024. Conclusions of law were the property was now in compliance with Violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate that a fine of twelve hundred seventy-five dollars ($1275.00) be assessed against the property, at twenty-five dollars ($25.00) per day, for the violations that existed on the property beginning from November 20th, 2023, through the compliance date of January 10th, 2024, a period of fifty-one (51) days. The Respondents were hereby assessed one hundred ninety-seven dollars and ten cents ($197.10) for administrative costs incurred by the Village for the January 10th, 2024) magistrate hearing. 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 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 There were none. FINE REDUCTION HEARINGS There were none. FORECLOSURE AUTHORIZATIONS There were none. ANY OTHER MATTERS There were none. APPROVAL OF MINUTES The approval of minutes were moved to the March 6, 2024 hearing as the Special Magistrate PAI 3b-bfl 2 Agenda Item #4. 01 Draft was attending via Zoom. ADJOURNMENT This meeting was adjourned at 10:28 am ATTEST: Village Clerk APPROVED: Special Magistrate Date Approved Pal@egW4�6fi 2