HomeMy WebLinkAboutMinutes_Special Master_06/25/2009VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
June 25, 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 May 28, 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
Case Number: 2009-00049
Terry and Janet Smith
153 Chapel Lane
Tequesta, FL 33469
PCN: 60-42-40-25-36-000-0200
Le.gal Description: CHAPEL COURT SEC 3 LT 20
Chapter 78 Article IX Section 78-399
( Non -working) Irrigation system
Chapter 30 Article 11 Section 30-33Prohibited
Prohibited Property Conditions
Findings of fact were the Respondents are the owners for the above-described
property; 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; and the Order Finding
Violation in this case required Respondent(s) to achieve compliance no later than
June 24, 2009.
June 25, 2009
Page 2 of 5
Conclusions of law were the above -stated facts constitute a continuing violation
of Chapter 78 Article IX Section 78-339, and Chapter 30 Article 11 Section 30-33
of the Code of Ordinances of the Village of Tequesta.
Special Master Kevin Wagner ordered that a fine be assessed for the violation
that continues to exist on the property. A daily fine of $25.00 per day is hereby
assessed beginning June 25, 2009 and continuing until compliance is achieved.
In addition, Respondent(s) shall be assessed $262.15 for administrative costs
from the Violation Hearing, and $194.68 for administrative costs from this Fine
Assessment Hearing, for a total administrative cost of $456.83 to be paid
immediately.
Should Respondents violate the same Section of the Code again, Respondents
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.
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.
Violation Hearings
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 V1 Section 14-152
Building Permits
The Village Attorney reported this case had complied.
Case Number: 2009-00087
Mathew Taylor
320 Tequesta Drive
Tequesta, FL 33469
Legal Description: JUPITER IN THE PINES SEC D LT 2
June 25, 2009
Page 3 of 5
BLK 35
Chapter 30 Article 11 Section 30-32
Excessive accumulations prohibited; Declaration of a
nuisance
Chapter 78 Article IX Section 78-408
Prohibited plant species
Findings of fact were the Respondent is the owner for the above-described
property. The Respondent was 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. In addition, Mary Jane
Crellin, Respondent's neighbor, offered testimony regarding the root
encroachment from Respondent's Banyan Tree- Finally, John Homack, Esq., on
behalf of Ms. Crellin, made argument regarding the existence of a violation and a
nuisance. Mr. Taylor testified and offered photographs, and argued that there
was no violation.
Conclusion of law was that the above -stated facts constitute a violation of
Chapter 30 Article 11 Section 30-33 of the Code of Ordinances of the Village of
Tequesta to the extent that the root system of the existing Banyan Tree on
Respondent's property has caused damage to the property of Ms. Crellin.
Special Master Wagner ordered Respondent to comply with Chapter 30 Article 11
Section 30-33 of the Code of Ordinances of the Village of Tequesta by 4:00 p.m.
on July 25, 2009. The imposition of fines and administrative costs is stayed
pending a status hearing to be held in this matter on July 23, 2009 at 10:00 a.m.
at the Village of Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida
33469.
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.
Foreclosure Authorizations - None
Fine Reduction Hearings
Case Number: 2008-32077
June 25, 2009
Page 4 of 5
Barbara Cohen/Raul Restrepo
332 River Drive
Tequesta, FL 33469
Legal Description: TEQUESTA LT 94 & W 1/2 OF ABNDED
RD R/W A/K/A TEE LANE LYG ELY & ADJ THERETO
Fine Reduction Hearing
Findings of fact were as follows-
1 . The Respondent(s) was represented at the hearing by Barbara
Cohen, his real estate agent who produced documentation establishing her
authority to act as Respondent's agent. Ms. Cohen requested a reduction in fine.
2. The Village Code Officer testified that the property is now in
compliance, but was out of compliance for a total of 111 days.
3. The original fine was assessed in the total amount of twenty seven
thousand, seven hundred fifty dollars ($27,750.00).
Conclusion of law was the Respondent is no longer in violation of Chapter 3
Section 302-302.4 and 302.7 of the International Property Maintenance Code as
adopted at Section 14-121 of the Code of Ordinances of the Village of Tequesta.
Special Master Kevin Wagner ordered that the Respondent's fine shall be
reduced to five hundred ninety six dollars and twenty one cents ($596.21),
representing the Village's administrative costs in this matter. If this reduced fine
of $596.21 is not paid in full to the Village of Tequesta within 60 days of the
rendering of this Order, the original fine amount of $27,750.00 shall be assessed.
Adiournment
There being no further cases, the meeting was adjourned at 10:45 a.m..
Respectfully submitted,
Betty Z
Recording Secretary
June 25, 2009
Page 5 of 5
ATTEST:
C Enforcement Officer
APPROVED:
00
Special