HomeMy WebLinkAboutMinutes_Special Master_1/10/2024 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 B
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
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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
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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
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was attending via Zoom.
ADJOURNMENT
This meeting was adjourned at 10:28 am
ATTEST:
Village Clerk
APPR
ecial gi rat Date Approved
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