HomeMy WebLinkAboutMinutes_Special Master_11/6/2024 MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
NOVEMBER 6, 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 and Village Attorney Dylan Brandenburg. The following cases were heard by the Special
Magistrate who swore in 3 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: 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. By the "Order Finding Violation" dated September 11 th, 2024, the Special
Magistrate ordered the Respondents to comply with Chapter 78, Article XIV, Section 78-
890 of the Code of Ordinances of the Village of Tequesta by September 25th, 2024, if not
complied, a daily fine of two-hundred and fifty dollars ($250.00) per day shall be
accessed against the property for each day thereafter the violation continues to exist.
Based upon the evidence, pictures, and testimony presented at the hearing on November
6th, 2024, the property remained out of compliance as of the date ordered.
Conclusion of law were the property remained in violation of Chapter 78, Article XIV,
Section 78-890, of the Code of Ordinances of the Village of Tequesta.
Page 1 of 4
It was the Order of the Special Magistrate that a Fine of two hundred fifty dollars
($250.00) per day be assessed against the property for each day the property remains in
violation of Chapter 78, Article XIV, Section 78-890 after the failed inspection date of
September 29th, 2024 and continuing until the property comes into compliance. The
Village reserved right to administrative costs. A certified copy of this 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 exists 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) 768-0458 to request a
reinspection of the property.
2. Case Number. E240100 Lauren Lafleur 4534 County Line Rd Tequesta, FI 33469
Chapter 78, Article XIV
Section 78-890 - Vacation Rental Permit Required
The fine violation/status hearing was hereby reset to the January fine assessment/status
hearing which would be held January 8th, 2025, at 10:00 a m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469.
Note that the property remained in non-compliance. The Village reserved the right to
impose fines for each day the violation remained in non-compliance of the original
September 1th, 2024, order finding violation. 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 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.
VIOLATION HEARINGS
3. Case Number. E240113 Mori Development Group LLC 570 N Dover Rd Tequesta, FI
33469
Chapter 78, Article XIV
Section 78-890 - Vacation Rental Permit Required
The findings of fact 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 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
November 6th, 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.
Page 2 of 4
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 for and obtaining a vacation rental permit. The Respondents were further
ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held
on the 8th day of January, 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 Village reserved its right
to collect administrative costs against the Respondent. 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
4. Case Number: E240008 JOHAN NOREN 116 RIVER DR
The findings of fact 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 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. By the "Order Finding Violation" dated March 6th, 2024, the Special Magistrate
ordered the Respondents to comply with Chapter 14, Article II, Section 14-31 (FBC
105.1) of the Code of Ordinances of the Village of Tequesta by April 5th, 2024, if not
complied, a daily fine of two hundred and fifty dollars ($250.00) per day shall be
accessed against the property for each day thereafter the violation continued to exist. By
the "Order Accessing Fine" dated April 10th, 2024, the Special Magistrate found the
property remained out of compliance, a daily fine of two-hundred fifty dollars ($250.00)
per day was imposed against the property for each day following the compliance deadline
the violation continued to exist. The property came into compliance on October 4th, 2024.
Conclusions of law were the Magistrate had reviewed the proposed settlement
agreement between the Village of Tequesta and the respondent and found the
agreement to be sufficient.
It was the Order of the Special Magistrate that the fine settlement agreement between the
Village of Tequesta and respondent was approved.
Page 3 of 4
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.
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 September 11, 2024.
ADJOURNMENT
This meeting was adjourned at 10.40 am
" F.TE
ATTEST: CJEAL
INCORPORATED:::
Village Clerk
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APPROVED:
S cial Magistrate Date Approved
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