HomeMy WebLinkAboutMinutes_Special Master_04/23/2009VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
April 23, 2009
PRESENT: Special Master Kevin Wagner; Code Enforcement Officers Joe
Petrick and Joe Fabiano, Village Attorney Keith Davis, Recording
Secretary Betty Laur.
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led
by Special Magistrate Kevin Wagner. Minutes of the January, 2009 and March,
2009 Special Magistrate Hearings were approved by the Special Master.
The following cases were heard by the Special Master:
Status Hearings
None
Repeat Violation Hearings
Case Number: 2009-00044
David Sperry
372 Franklin Road
Tequesta, FL 33469
P C N: 60-42 ~ 0-2 5-06-014-00 30
Lega}: JUPITER IN THE PINES SEC B LT 3 BLK 14
Chapter 30 Article II Section 30-33
Findings of fact were the Respondent was not present at the hearing, however;
there was a finding of proper notice of the repeat violation and the hearing.
Code Enforcement Officer Joe Petrick testified to, and presented photographs of,
the existence of the current violation which was discovered on March 17, 2009
and then came into compliance on April 7, 2009. Officer Petrick also presented
the previous Order Finding Violation which estab}fished a finding of fact only, from
2008. Based upon evidence presented the property is in violation of Chapter 30
Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta.
The record reflects that the same respondent was in violation of the same code
provision at the same property in 2008. As such, this is a repeat violation.
Conclusion of }aw was that based on the above-stated facts, Respondents was in
repeat violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances
of the Village of Tequesta between March 17, 2009 and April 7, 2009.
Tequesta Special Master Hearing Minutes
April 23, 2009
Page 2 of 8
Special Master Wagner ordered the Respondent to continue to comply with
Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of
Tequesta.
A fine is hereby assessed for this repeat violation in the amount of twenty five
dollars ($25.00) per day for 21 days between March 17, 2009 and April 7, 2009,
which is a total fine of $525.00. In addition, administrative costs in the amount of
two hundred one dollars and sixty eight cents ($201.68) are hereby assessed for
this hearing.
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 exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Fine Assessment Hearings
Case Number: 2009-000007
Village Square Shopping Plaza
Tequesta Investors , LP
Vice President Frank Banko
Merlin, Hunter, Codman, Inc.
Senior Property Manager, Christina Yates
219-289 US HWY 1
Tequesta, FI 33469
P C N : 60-43-40-30-05-000-09 07
Legal Description: WATERWAY VILLAGE LOT A
Chapter 78 Article IX Section 78-745
Prohibitions in all zoning categories
Findings of fact were the Respondents are the owners for the above-described
property. The Respondent was present, represented by Ms. Christina Yates;
there was a finding of proper notice. The Tequesta Code Enforcement OfFcer
testified to and produced photos of the remaining violation, which existed for
seven (7) days following the date originally set for compliance by the special
magistrate. Ms. Yates testified. Ms Yates acknowledged the existence of the
remaining violation as well as the Respondents current efforts to work with the
tenant and achieve compliance.
Conclusion of law was that, based on the above-stated facts, Respondents were
in violation of Chapter 78 Article IX Section 78-745 of the Code of Ordinances of
the Village of Tequesta, but have now achieved compliance.
Tequesta Special Master Hearing Minutes
April 23, 2009
Page3of8
Special Master Wagner ordered that a fine be assessed for the violation that
continued seven (7) days beyond the date set for compliance by the special
magistrate in the amount of two hundred fifty dollars ($250.00) per day, for a total
of $1,500.00. In addition, Respondent shall pay the administrative costs of
$302.14. These fines and costs shall be paid immediately.
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 exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Flo~da Stafutes.
Case Number: 2009-000013
JMZ Tequesta Properties
John Zuccarelli
1 Main Street/ 250 Tequesta Drive
Tequesta FL, 33469
P C N : 60-43-40-30-47-004-000
Legal Description: 30-40-43, WLY 200.25 FT AS MEAS ALG S LI
OF TEQUESTA DR OF TH PT OF SW 1/4 E OF PROPOSED
NEW RNV OF OLD DIXIE
9 Violations
Chapter 30 Article II Sections 30-32 and 30-33
Declaration of a nuisance and prohibited property conditions
Chapter 30 Article IX Section 30-331
Prohibited: Declaration of nuisance
Chapter 78 Article IX Section 78-399
(Non-working) Irrigation
Chapter 78 Article IX Section 78-400
Interior landscaping of parking areas
Chapter 78 Article IX Section 7801
Planting strip for parking area abutting other parking area
Chapter 78 Article IX Section 78-404
Percentage of landscape required
Chapter 78 Article IX Section 78-405
Landscaping around principal structures
Chapter 78 Article IX Section 78-395
Perimeter planting strip required
Findings of fact were the Respondent, JMZ Tequesta Properties, Inc./John
Zuccarelli, was not present at the hearing; however, there was a finding of proper
notice of the violation and the hearing. This matter was no#iced for a fine
assessment hearing on April 23, 2009. Prior to the hearing, the Respondent and
Tequesta Special Master Hearing Minutes
April 23, 2009
Page 4 of 8
the Village agreed to continue this matter in order to reach a possible voluntary
resolution. The Village had no objection to continuing this matter until the May
28, 2009 agenda.
Special Master Wagner ordered that this matter is continued to the May 28, 2009
agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Violation Hearings
Case Number: 2008-00164
JMZ Tequesta Properties
John Zuccarelli
1 Main Street/ 250 Tequesta Drive
Tequesta FL, 33469
PC N : 60-43-40-30-47-004-000
Legal Description: 30-40-43, WLY 200.25 FT AS MEAS ALG S LI
OF TEQUESTA DR OF TH PT OF SW 1/4 E OF PROPOSED
NEW RNV OF OLD DIXIE
Chapter 78 Article IX Section 78-612
Prohibited structures, trailers etc
Findings of fact were the Respondent, JMZ Properties/John Zuccarelli, was not
present at the hearing; however, there was a finding of proper notice of the
violation and the hearing. The parties are continuing to attempt to resolve this
matter and requested that the case be continued to the May 28, 2009 agenda.
Special Master Wagner ordered that this matter be continued to the May 28,
2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Case Number: 2009-00041
Christ The King Church
Paul Cutter
Lady Bug Bus Inc
Edler Verena and Voca Kresimir
46 Willow Road
Tequesta, FL 33469
P C N : 60 ~ 3-40-30-09-000-1160
Tequesta Special Master Hearing Minutes
April 23, 2009
Page5of8
LEGAL DESCRIPTION: RIDGEWOOD HOMES SEC 4 PARCEL
Chapter 78 Article IX Section 78-642
Parking of certain vehicles prohibited
Village Attorney Davis announced the Respondent had complied within the time
given for compliance.
Case Number: 2009-00026
Charles Pfeiffer
240 Fairway East
Tequesta, FL 33469
P C N : 60-42-40-26-01-000-2200
Legal Description: TEQUESTA LT 220
Chapter 10 Article II Section 10-34
Dogs running at large
Findings of fact were the Respondent is the owner for the above-described
property. The Respondent was present at the hearing and there was a finding of
proper notice. Officer Petrick testified that the Village has received numerous
complaints about Respondent's dog running at large. Two eye-witnesses, Mr.
Mark Lenow, an employee of the Tequesta Country Club, and Ms. Patricia
Jackson, a neighbor, testified to seeing Respondent's dog running at large. Both
prepared written affidavits to that effect which were accepted into evidence.
Charles Pfeiffer testified and admitted that his dog had run at large on one or two
occasions.
Conclusion of law was that the above-stated facts constitute a violation of
Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of
Tequesta.
Special Master Wagner ordered that Respondent was in violation of Chapter 10
Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta but
is now in compliance. Respondent is hereby ordered to continue to comply with
Chapter 10 Article 11 Section 10-34 of the Code of Ordinances of the Village of
Tequesta.
Should Respondent violate the same Section of the Code again, Respondent
shall be subject to a fine of one hundred dollars ($100.00) per day for such
repeat violation. Additionally, the Code Officer is not required to give a
reasonable time #o 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.
Tequesta Special Master Hearing Minutes
April 23, 2009
Page 6 of 8
Respondent(s) shall be assessed $267.43 for administrative costs to be paid
immediately.
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 exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Sfatutes.
Case Number: 2009-00240
Brian Tobin
266 Country Cfub Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-1620
Legal Description: TEQUESTA LT 162
4 Violations:
Chapter 30 Article IV Section 30-113
Removal of prohibited materials
Chapter 30 Article IV Section 30-233
Dumpster required; storage and removal of debris
Chapter 30 Article II Section 30-33
Prohibited property conditions
Chapter 30 Article IX Section 30-331
Prohibited; Declaration of a nuisance
Findings of fact were that Respondent is the owner for the above-described
property. The Respondent was present at the hearing, and there was a finding of
proper notice. Officer Petrick testified and offered photographs depicting that
the only remaining violations as of April 23, 2009 were prohibited property
conditions relative #o the improperly maintained swimming pool, and vehicle on
the property. Officer Petrick further testified that the prohibited property
conditions relative to the debris and prohibited materials did not come into
compliance within the time required on the Notice of Violation, but were now in
compliance. Mr. Tobin testified and indicated that he has been working to
achieve compliance but needed additional time to fuffy comply.
Conclusion of law was the above-stated facts cons#i#u#e a violation of Chapter 30
Article IV Section 30-113, Chapter 30 Article IV Section 30-233, Chapter 30
Article II Section 30-33 and Ghapter 30 Article IX Section 30-331 of the Code of
Ordinances of the Village of Tequesta.
Tequesta Special Master Hearing Minutes
April 23, 2009
Page7of8
Special Master Wagner ordered that Respondent was in violation of Chapter 30
Article IV Section 30-113, and Chapter 30 Article IV Section 30-233, but has now
achieved compliance with these sections of the Code of Ordinances of the
Village of Tequesta. Respondent remains in violation of Chapter 30 Article II
Section 30-33 and Chapter 30 Article IX Section 30-331 of the Code of
Ordinances of the Village of Tequesta. Respondent is hereby ordered to
continue to comply with Chapter 30 Article IV Section 30-113, Chapter 30 Article
IV Section 30-233, and to come into compliance with Chapter 30 Article II
Section 30-33 and Chapter 30 Article IX Section 30-331 of the Code of
Ordinances of the Village of Tequesta within 30 days of the date of this Order.
Should you fail to come into compliance as required by this Order, a fine of
$100.00 per day may be assessed for each day the violation continues.
Should Respondent violate the same Section of the Code again, Respondent
may be subject to a fine of up to five hundred dollars ($500.00) per day for such
repeat violation. Additionally, the Code Officer 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.
Respondent shall be assessed $235.44 for administrative costs to be paid
immediately.
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 exits and upon any other real or personal
property owned by the Respondent, pursuant to Chapter 162, Florida Statutes.
Foreclosure Authorizations -None
Fine Reduction Hearings -None
Adjournment
There being no further cases, the meeting was adjourned at 10:43 a.m..
Respectfully submitted,
7~`"`~'
Betty Laur
Recording Secretary
Tequesta Special Master Hearing Minutes
April 23, 2009
Page 8 of 8
ATTEST:
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