HomeMy WebLinkAboutDocumentation_Special Master_Tab 04_11/12/2025 Agenda Item #4. [Draft)
MINUTES
SPECIAL MAGISTRATE MEETING
VILLAGE OF TEQUESTA, FL
AUGUST 13, 2025 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 Benjamin
Norman, Village Attorney Dylan Brandenburg. The following cases were heard by the Special
Magistrate who swore in 6 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: E250133 Leahy
30 Chestnut Trail, Tequesta FL 33469
Sec. 14-31.-Florida Building Code Adopted 105.5 (Expired Permit)
Sec. 14-31.- Florida Building Code Adopted 105.1 (Permit Required)
Case was removed from the agenda as the property was in compliance prior to the
hearing.
2. Case Number: E250120 Dare
261 Golfview Drive, Tequesta FL 33469
Sec. 14-31.-Florida Building Code Adopted 105.1 (FBC) Permit Required
Sec. 78-399.- Maintenance
Sec. 66-347.- Swale utilization policy
Findings of facts were that 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 Benjamin Norman provided testimony and evidence of the
violation, as contained in the Village's evidentiary case file which was accepted info
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Agenda Item #4. 01 Draft
evidence without objection; Based upon the evidence, pictures, and testimony presented
at the hearing on August 13, 2025, the property was not in compliance with
Sections 14-31, 78- 399, 66-347 of the Code of Ordinances of the Village of Tequesta.
The conclusions of law were that the above-stated facts constitute a continuing violation
of Sections 14-31, 78-3995 66- 347 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
Sections 14-31, 78-3995 66-347. The Respondents were hereby ordered to comply with
Sections 78-890 of the Code of Ordinances of the Village of Tequesta by obtaining
the required permits and completing the required work by February 13 2026. If the
respondents failed to achieve compliance by the above date, a daily fine of fifty dollars
($50.00) per day would be assessed 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 will. be held on the 11 day of March, 2026 at 10:00 a.m. at Village
Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that the Respondents have timely brought their property into
compliance
Should the Respondents violated 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 has 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: E250100 Noren
REM 116 River Drive, Tequesta FL 33469
Sec. 14-31.- Florida Building Code Adopted 105.5 (Expired Permit)
Sec. 14-7.- Vacant lot maintenance
Case was removed from the agenda as the property was in compliance prior to the
hearing.
4. Case Number: E250099 Smith &Arbulu
164 Country Club Drive, Tequesta FL 33469
Sec. 14-31.-Florida Building Code Adopted 105.5 (Expired Permit)
Sec. 14-31.- Florida Building Code Adopted 105.4.1.2 (Permit Intent)
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Agenda Item #4. 01 Draft
The findings of facts were the Respondents were the owners of the above-described
property; The Respondent were not present at the hearing; there was a finding of proper
notice; Code Officer Benjamin Norman 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 August 13 2025, the property was not in compliance with Sections 14-31,
FBC 105.5 & 015.4.1.2 of the Code of Ordinances of the Village of Tequesta.
The conclusions of law were that the above-stated facts constituted a continuing violation
of Sections 14-31, FBC 105.5 & 015.4.1.2 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 of
Sections 14-31, FBC 105.5 & 105.4.1.2. The Respondents were hereby ordered to
comply with Sections 14-31, FBC 105.5 & 105.4.1.25 78-890 of the Code of
Ordinances of the Village of Tequesta by obtaining the required permits. The property
was to be in compliance by October 13 2025. If the respondents fail 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 continues to exist.
The Respondents were further accessed administrative costs incurred by the Village for
the August 13 2025 hearing in the amount of ($360 .00) due and payable within 30 days
of the date of this order.
The Respondents were further ordered to appear at the Fine Assessment Hearing/Status
Hearing which will be held on the 12th day of November, 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 have timely brought their property into compliance.
Should the 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 is 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 has 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. E250092 JMS Meetings LLC
351 Country Club Drive, Tequesta FL 33469
Sec. 14-31.-Florida Building Code Adopted 105.1 (FBC) Permit Required
Findings of facts were:
The Respondents were the owners of the above-described property; The Respondent
was not present at the hearing; there was a finding of proper notice; Code Officer
Benjamin Norman provided testimony and evidence of the violation, as contained in the
Village's evidentiary case file which was accepted into evidence out objection.
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Agenda Item #4. 01 Draft
Based upon the evidence, pictures, and testimony presented at the hearing was not in
compliance with Section 14-31 of the Code of Ordinances of the Village of Tequesta.
Conclusions of law were that the above-stated facts constituted a continuing violation of
Section 14-31 of the Code of Ordinances of the Village of Tequesta.
It was the order of the Special Magistrate that the respondents were in violations of
Section 14-31. The Respondents were hereby ordered to comply with Section 14-31 of
the Code of Ordinances of the Village of Tequesta by obtaining the required permit.
The property was to be in compliance by October 13 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.
The Respondents were further ordered to pay administrative costs incurred by the Village
for the August 13 2025 hearing in the amount of ($360.00) due and payable within 30
days of the date of this order. The Respondents were further ordered to appear at the
Fine Assessment Hearing/Status Hearing which will be held on the 12 day of November,
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 have
timely brought their property into compliance.
Should the 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 has 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 June 11, 2025.
ADJOURNMENT
This meeting was adjourned at 10:40 am
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Agenda Item #4. 01 Draft
ATTEST:
Village Clerk
APPROVED:
Special Magistrate Date Approved
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