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HomeMy WebLinkAboutMinutes_Special Master_3/6/2024 MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL MARCH 6, 2024 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wager began this meeting at 10:05 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 4 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. 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 property was fine assessed at the January 10, 2024 Special Magistrate meeting and was pending payment from the respondent. No further action was taken. 2. 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 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 January 10th, 2024, the Special Magistrate ordered the Respondents to 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 not complied, a daily fine of fifty dollars ($50.00) per day would be accessed against the property for each day the violation continued to exist. Based upon the evidence, pictures, and testimony presented at the hearing on March 6th, 2024, the property remained out of compliance as of January 24th, 2024. Conclusions of law were the property remained in 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 a Fine of fifty dollars ($50.00) per day be assessed against the property for each day the property remained in violation after the compliance date of January 24th, 2024. The Respondents were hereby assessed three hundred dollars and thirty-eight cents ($303.38) for administrative costs incurred by the Village for the March 6th, 2024, special magistrate code hearing. A certified copy of the Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation existed and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. 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 3. Case Number. E240008- Noren Johan A, 116 River Drive, Tequesta. FL 33469, Ch. 14 Art. 11 Sec 14-31, FBC 105.1 8th Edition, 2023, Appendix B Ch. 3 Sec. 303.1 & Ch 78 Art IX Division 9, PCN: 60-42-40-26-01-000-4260 Legal Description: TEQUESTA LT 426 The finding of facts were the Respondents were the owners of the above-describea 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 March 6th, 2024, the property was not in compliance with Chapter 14, Article II, Section 14-31 (FBC 105.1), Section 303.1 International Property Maintenance Code, & Chapter 78, Article IX, Section 78-585 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 II, Section 14-31 (FBC 105.1), Section 303.1 International Property Maintenance Code, & Chapter 78, Article IX, Section 78-585 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate that there was a: Violation of Chapter 14, Article II, Section 14-31 (FBC 105.1). The Respondents were hereby ordered to comply with Chapter 14, Article II, Section 14- 1 (FBC 105.1) of the Code of Ordinances of the Village of Tequesta by April, 5th 2024. If the respondents failed to achieve compliance by April 5th, 2024, a daily fine of two- hundred and fifty dollars ($250.00) per day may be issued against the property for each day the violation continued to exist. Section 303.1 International Property Maintenance Code, & Chapter 78, Article IX, Section 78-585 of the Code of Ordinances of the Village of Tequesta. The Respondents were hereby ordered to comply with Section 303.1 International Property Maintenance Code. & Chapter 78, Article IX, Section 78-585 of the Code of Ordinances of the Village of Tequesta by March 16th, 2024. If the respondents failed to achieve compliance by March 16th, 2024, a daily fine of two-hundred and fifty dollars ($250.00) per day may be issued 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 10th day of April, 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 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. FINE REDUCTION HEARINGS There were none. FORECLOSURE AUTHORIZATIONS There were none. ANY OTHER MATTERS There were none. APPROVAL OF MINUTES Special Magistrate Wagner approved the previous minutes from the meetings of November 6, 2023 and January 10, 2024. ADJOURNMENT This meeting was adjourned at 10:20 am ATTEST: Village Clerk Qlr AP OVED: I AD Speci agistr a Date Approved