HomeMy WebLinkAboutMinutes_Special Master_05/28/2009VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
May 28, 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 April 23, 2009 Special
Magistrate Hearing were approved by the Special Master.
The following cases were heard by the Special Master:
Status Hearings -None
Repeat Violation Hearings -None
Fine Assessment Hearings -None
Violation Hearings
Case Number: 2009-00049
Terry and Janet Smith
153 Chapel Lane
Tequesta, FL 33469
PC N : 60-42-40-25-36-000-0200
Legal Description: CHAPEL COURT SEC 3 LT 20
Chapter 78 Article IX Section 78-399
( Non-working) Irrigation system
Chapter 30 Article II Section 30-33Prohibited
Prohibited Property Conditions
Findings of fact were the Respondents are the owners for the above-described
property. The Respondents were not present at the hearing; however there was
a finding of proper notice. Tequesta Code Enforcement Officer Petrick testified
to and offered photographs depicting the existing violations.
May 28, 2009
Page 2 of 5
Conclusion of law was that the above-stated facts constitute a violation of
Chapter 78 Article IX Section 78-339, and Chapter 30 Article II Section 30-33 of
the Code of Ordinances of the Village of Tequesta.
Special Master Wagner ordered that the Respondents are in violation of Chapter
78 Article IX Section 78-339, and Chapter 30 Article II Section 30-33 of the Code
of Ordinances of the Village of Tequesta; Respondent is hereby ordered to
comply with Chapter 78 Article IX Section 78-339 and Chapter 30 Article II
Section 30-33 of the Code of Ordinances of the Village of Tequesta by 4:00 p.m.
on June 24, 2009. Should Respondent fail to come into compliance as required
by this Order, a fine of $25.00 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.
Respondents shall be assessed $262.15 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.
Case Number: 2009-00071
Michael Cochran
232 River Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3970
Legal Description: TEQUESTA LT 397
Chapter 14 Article VI Section 14-152
Building Permits
Findings of fact were the Respondent, Michael Cochran, was present at the
hearing; 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 June 25, 2009 agenda.
May 28, 2009
Page 3 of 5
Special Master Wagner ordered that this matter is continued to the June 25,
2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Case Number: 2009-00064
WRB LLC
Bud Palmeri
400 Cypress Drive #1
Tequesta, FL 33469
PCN: 60-43-40-30-57-001-0010
Legal Description: Tequesta Commerce Building
Condominium Unit 1
Chapter 70 Article II Section 70-43
Engaging in business without valid tax receipt; renewal of
receipt;
Penalty for failure to obtain receipt
Findings of fact were the Respondents were not present at the hearing; however,
there was a finding of proper notice. The Respondents are doing business as
"Palm Corp. Construction Services". Documentation and/or evidence was
produced indicating that the Respondents have not paid the Business Tax
imposed by the Village of Tequesta and such tax is now delinquent beyond 150
days after the initial notice of tax due.
Conclusions of law were that the above-stated facts constitute a violation of
Chapter 70 Article II Section 70-43 of the Code of Ordinances of the Village of
Tequesta and Sec. 205-053, Florida Statutes and subjects the Respondents to
fines and penalties as set forth at Chapter 205, F.S.
Special Master Wagner ordered that pursuant to Section 205.053, F.S.,
Respondents are delinquent in the payment of a required Business Tax which
was due on October 1, 2008 and have been assessed the maximum
delinquency penalty of up to twenty-five percent (25%) of the tax due.
Respondents currently owe the Village of Tequesta $525.00 (tax due plus
delinquency penalty). This tax and penalty remains unpaid and the required
Business Tax Receipt has not been obtained within 150 days after the initial
notice of tax due.
Accordingly, Respondents are further assessed an administrative cost of $
100.00 incurred as a result of collection efforts for a total tax, costs and penalty
amount due of $625.00, all in accordance with Section 253.053, F.S. The
Special Magistrate ordered that the Respondents pay the required Business Tax
May 28, 2009
Page 4 of 5
amounts in accordance with the above-referenced Sections of the Village Code
and state statutes in addition to the costs and penalties assessed hereinabove
immediately.
A certified copy of this Order shall be recorded in the Public Records of Palm
Beach County, Florida, and, once recorded, shall constitute a lien against the
property of the original amount upon which the violation existed and upon any
other real or personal property owned by the Respondents, pursuant to Chapter
162, Florida Statutes for the original amount.
Case Number: 2009-00053
NAPIC Mortgage
Joann Brewster -Gibbons
Denise Vanderwaal
308 Tequesta Drive #18
Tequesta, FL 33469
PC N : 60-43-40-30-03-002-0010
Legal Description: JUPITER IN THE PINES SEC C LT 1
(LESS N 5.08 FT & TRGLE PAR TEQUESTA DR RD
R/1IV), LTS 2& 3 BLK 2
Chapter 70 Article II Section 70-43
Engaging in business without valid tax receipt; renewal of
receipt;
Penalty for failure to obtain receipt
The Village Attorney reported this case had complied.
Foreclosure Authorizations -None
Fine Reduction Hearings -None
Adjournment
There being no further cases, the meeting was adjourned at 10:17 a.m..
May 28, 2009
Page 5 of 5
ATTEST:
Respectfully submitted,
Betty Laur
Recording Secretary