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HomeMy WebLinkAboutMinutes_Special Master_9/11/2024 a r MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 11, 2024 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wagner began the meeting at 10.00 am and led the pledge of allegiance. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Frank Ciatto, Code Enforcement Office Gail Johnson, and Village Attorney Dylan Brandenburg. The following cases were heard by the Special Magistrate who swore in 7 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: E240094 367 Riverside LLC (not listed with Sunbiz) 367 Riverside DrTequesta, F133469 Chapter 78, Article XIV Section 78-890— Vacation Rental Permit Required The finding of facts was 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 Frank Ciatto 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 September 11th, 2024, the property was not in compliance with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were the above-stated facts constituted a continuing violation of Chapter 78, Article XIV, Section 78-890 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 78, Article XIV, Section 78-890. The Respondents were hereby ordered to comply with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta by discontinuing vacation rental advertising and rental until a permit had been obtained and by submitting and obtaining an application for vacation rental permit within ten days by September, 21 st 2024. If the respondents failed to achieve compliance by September 21 st, 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 hereby assessed administrative costs in the amount of three hundred and sixty dollars ($360.00). The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 9th day of October, 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 with 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: E240101 Ryan Eisenman 407 W Riverside Dr Tequesta, F133469 Chapter 78, Article XIV Section 78-890— Vacation Rental Permit Required The finding of facts was 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 Gail Johnson 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 September 11th, 2024, the property was not in compliance with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were the above-stated facts constituted a continuing violation of Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate there was a Violation of Chapter 78, Article XIV, Section 78-890. The Respondents were hereby ordered to comply with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta by discontinuing vacation rental advertising and rental until a permit had been obtained and by applying for and obtaining a permit for vacation rental within fourteen days by September, 25th 2024. If the respondents failed to achieve compliance by September 25th, 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 9th day of October, 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 have timely brought the property into compliance. The Respondents were hereby assessed administrative costs in the amount of three hundred and sixty dollars ($360.00). 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 with 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. 3. Case Number: E240106 Michael Wooldridge 19 Willow Rd Tequesta, F133469 Chapter 78, Article XIV Section 78-890— Vacation Rental Permit Required The finding of facts was 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 Gail Johnson 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 September 11th, 2024, the property was not in compliance with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were the above-stated facts constituted a continuing violation of Chapter 78, Article XIV, Section 78-890 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 78, Article XIV, Section 78-890. The Respondents were hereby ordered to comply with Chapter 78, Article XIV, Section 78- 890 of the Code of Ordinances of the Village of Tequesta by discontinuing vacation rental advertising and rental until a permit had been obtained and by applying and obtaining an application for vacation rental permit within ten days by September, 21st 2024. If the respondents failed to achieve compliance by September 21st, 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 hereby assessed administrative costs in the amount of three hundred and sixty dollars ($360.00). The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 9th day of October, 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 have 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 with 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. 4. Case Number: E240089 Jason Kupferschmid 52 Azalea Circle, Tequesta FL 33469 Chapter 78, Article XIV Section 78-890— Vacation Rental Permit Required The finding of facts was 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 Frank Ciatto 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 September 11th, 2024, the property was not in compliance with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. Conclusions of law was the above-stated facts constituted a continuing violation of Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate there was a violation of Chapter 78, Article XIV, Section 78-890. The Respondents were hereby ordered to comply with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta by discontinuing vacation rental advertising and rental until a permit had been obtained and by applying for and obtaining a vacation rental permit within fourteen days by September, 25th 2024. If the respondents failed to achieve compliance by September 25th, 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 hereby assessed administrative costs in the amount of three hundred and sixty dollars ($360.00). The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 9th day of October, 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 with 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. 5. Case Number: E240100 Lauren Lafleur 4534 County Line Rd Tequesta, F133469 Chapter 78, Article XIV Section 78-890 - Vacation Rental Permit Required The finding of facts was 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 Gail Johnson 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 September 11th, 2024, the property was not in compliance with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. Conclusion of law were the above-stated facts constituted a continuing violation of Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate there was a Violation of Chapter 78, Article XIV, Section 78-890. The Respondents were hereby ordered to comply with Chapter 78, Article XIV, Section 78-890 of the Code of Ordinances of the Village of Tequesta by discontinuing vacation rental advertising and rental until a permit had been obtained and by applying for and obtaining a vacation rental permit within fourteen days by September, 25th 2024. If the respondents failed to achieve compliance by September 25th, 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 hereby assessed administrative costs in the amount of three hundred and sixty dollars ($360.00). The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which will be held on the 9th day of October, 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 with 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 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 March 12, 2019 and April 9, 2019 ADJOURNMENT This meeting was adjourned at 10:24 am. ATTEST: _ Village Clerk Y6� .� APPRO. p 7,7 i e Date Approved