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HomeMy WebLinkAboutMinutes_Special Master_4/9/2025 MINUTES SPECIAL MAGISTRATE MEETING VILLAGE OF TEQUESTA, FL APRIL 9, 2025 10:00 AM COUNCIL CHAMBERS CALL TO ORDER The Special Magistrate Kevin Wagner began the meeting at 10:05 am and led the pledge of allegiance. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Frank Ciatto, Jupiter Inlet Colony Code Enforcement Jacqueline Milo, Village Attorney Dylan Brandenburg and Jupiter Inlet Colony Attorney William Doney. The following cases were heard by the Special Magistrate who swore in 9 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. E240131 Spalding 41 Willow Rd, Tequesta FL 33469 Chapter 78, Article XIV Section 78-890— Vacation Rental Permit Required The finding of facts were the Respondents were the owners of the above-described property. The Respondent was 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 April 9th, 2025, the property was not in compliance with Chapter 78, 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, Section 78-890 of the Code of Ordinances of the Village of Tequesta. It was the order of the Special Magistrate that the Respondents were in violation of Chapter 78 Section 78-890. The Respondents were hereby ordered to comply with Chapter 78, Section 78-890 of the Code of Ordinances of the Village of Tequesta by obtaining the required vacation rental permit. The property was to be in compliance by May 10m, 2025. If the respondents failed to achieve compliance by the above date, a daily fine of ($250.00) per day would be assessed against the property for each day the violation continued to exist. Administrative costs incurred by the Village for the April 9, 2025 hearing were hereby reserved. The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 14 day of May, 2025 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that the respondents had timely brought the property into compliance. The Village reserved its right to collect administrative costs against the Respondent. Should Respondents 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: E250004 Horvat/Farinha 15 Tradewinds Cir., Tequesta FL 33469 Florida Building Code (Eighth Edition) Section 105.1 — Work Without Permit The finding 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 April 9, 2025, the property was not in compliance with Florida Building Code (Eight Edition) Section 105.1. The conclusions of law were the above-stated facts constituted a continuing violation of Florida Building Code (Eight Edition) Section 105.1. It was the order of the Special Magistrate that there was a Violation of Florida Building Code (Eight Edition) Section 105.1 The Respondents were thereby ordered to comply with Florida Building Code (Eight Edition) Section 105.1 by obtaining the required permit for the existing boat lift. Property must be in compliance by July 8, 2025. If the respondents failed to achieve compliance by the above date, a daily fine of ($100.00) per day would be assessed against the property for each day the violation continued to exist. Administrative costs incurred by the Village for the April 9, 2025 hearing were hereby reserved. The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 9 day of July, 2025 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. The Village reserved its right to collect administrative costs against the Respondent. 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) 768-0458 to request a reinspection of the property. 3. Case Number: E250005 Horvat/Farinha 15 Tradewinds Cir., Tequesta FL 33469 Florida Building Code (Eighth Edition) Section 105.1 — Work Without Permit The finding 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 April 9, 2025, the property was not in compliance with Florida Building Code (Eight Edition) Section 105.1. The conclusions of law were the above-stated facts constituted a continuing violation of Florida Building Code (Eight Edition) Section 105.1. It was the order of the Special Magistrate that there was a Violation of Florida Building Code (Eight Edition) Section 105.1 The Respondents were thereby ordered to comply with Florida Building Code (Eight Edition) Section 105.1 by obtaining the required permit for the existing boat lift. Property must be in compliance by July 8, 2025. If the respondents failed to achieve compliance by the above date, a daily fine of ($100.00) per day would be assessed against the property for each day the violation continued to exist. Administrative costs incurred by the Village for the April 9, 2025 hearing were hereby reserved. The Respondents were further ordered to appear at the Fine Assessment Hearing/Status Hearing which would be held on the 9 day of July, 2025 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. The Village reserved its right to collect administrative costs against the Respondent. 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) 768-0458 to request a reinspection of the property. 4. Case Number: JIC-25-1-CE Jacobs 16 Ocean Drive, Jupiter Inlet Colony, FL 33469 Town of Jupiter Inlet Colony Code of Ordnances Section 9-11 Property Maintenance and Appearance Standards The finding of facts were the Respondents, Lori Jacobs and Michael Jacobs, were the owners of the above- described property. Respondent, Lori Jacobs, attended the hearing and there was a finding of proper notice. The paint on the house at the property was discolored, weathered, had evidence of mold and was in need of being repainted. There were storage bins and animal traps at the front of the property in view from the public street. The wall along the public walkway needed to be patched and painted. There were loose roof tiles on the residence. In addition, a roof repair haf been completed in a different area of the residence without first obtaining a building permit. The cornices at the house were not securely attached and needed to be properly anchored. Their was a hole or opening on the south wall of the house with exposed electrical wiring. The conclusion of law was, based on the above-stated facts, Respondents were in violation of Section 9- 1 1 of the Town Code; Sections 304.1.1, 304.2, 304.5, 304.6, 304.7, 304.8, 308.1 of the International Property Maintenance Code and Section 105.1, Florida Building Code. It was the order of the Special Magistrate that the Respondents had to comply with the referenced Code Sections by April 30, 2025. If Respondents did not comply within the time specified, a fine in the amount of Two Hundred Fifty ($250.00) Dollars per day could be imposed for each day the violation continues to exist. Upon complying in any code enforcement matter, it was the responsibility of the Respondents to contact the Code Enforcement Department at (561)701-3276 to request a re-inspection 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 the meeting on March 12, 2025. ADJOURNMENT This meeting was adjourned at 10:56 am. ATTEST: Village Clerk APPROVED: / Special gis rate Date Approved / j: