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HomeMy WebLinkAboutMinutes_Special Master_07/23/2009VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES July 23, 2009 PRESENT: Special Master Kevin Wagner; Code Enforcement Officers Joe Petrick, 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 June 25, 2009 Special Magistrate Hearing were approved by the Special Master. The following cases were heard by the Special Master: Status Hearings Case Number: 2009-00087 Mathew Taylor 320 Tequesta Drive Tequesta, FL 33469 Legal Description: JUPITER IN THE PINES SEC D LT 2 BLK 35 Chapter 30 Article II Section 30-32 Excessive accumulations prohibited; Declaration of a nuisance Chapter 78 Article IX Section 78-408 Prohibited plant species Findings of fact were that the Respondent is the owner for the above-described property. Respondent was not present at the hearing; there was a finding of proper notice. Officer Petrick testified to and offered photographs depicting the existing violation of Sec. 78-408. Officer Petrick also #estified to and offered photographs depicting compliance with Section 30-32. John Homack, Esq., spoke on behalf of Ms. Crellin, Respondent's neighbor. Conclusion of law was that the above-stated facts constitute a violation of Chapter 78 Article IX Section 78-408, and compliance with Chapter 30, Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to comply with Chapter 78 Article IX Section 78-408 of the Code of Ordinances of the Village of Tequesta by 4:00 July 23, 2009 Page 2 of 4 p.m. on August 4, 2009. Compliance shall be achieved by removal prohibited tree as depicted in the Village's evidentiary case file. Respondent fail to come into compliance as required by this Order, a $100,.00 per day may be assessed for each day the violation continues. assessment hearing is hereby scheduled for August 27, 2009 at 10:00 the Village of Tequesta Village Hall Council Chambers, 345 Tequesta Tequesta, Florida 33469. of the Should fine of A fine a.m. at ~ Drive, Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine of up to $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 $497.55 for administrative costs, to be paid immediately. Repeat Violation Hearings Case Number: 2009-000117 Mark Peterson 305 Fairway North Tequesta, FL 33469 PCN: 60-42-40-25-36-000-0200 Legal Description: TEQUESTA LT 241 Parcel Control Number 60-42-40-26-01-000-2410 Chapter 78 Article IX Section 78-642 Parking of certain commercial vehicles prohibited Findings of fact were the Respondent, Mark Peterson, was not present at the hearing; there was a finding of proper notice of the violation and the hearing. Respondent made a request to continue this matter, and the Village had no objection to a continuance to the August 27, 2009 agenda. Special Master Wagner ordered that this matter is continued to the August 27, 2009 agenda, to be heard at 10:00 a.m. at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Fine Assessment Hearings -None July 23, 2009 Page 3 of 4 Violation Hearings Case Number: 2009-00098 Thomas and Jennifer Orr 238 Wingo Street Tequesta, FL 33469 PCN: 60~2~0-25-25-000-0030 Legal Description: TEQUESTA PINES LT 3 Chapter 30 Article II Section 30-33 Prohibited Property Conditions The Village Attorney reported this case had complied. Case Number: 2009-00120 Vincent Tran 1 Chapel Court Tequesta, FL 33469 PCN: 60-420-25-31-000-0380 Legal Description: CHAPEL COURT SEC 1 LT 38 Chapter 14 Article VI Section 14-152 Building Permits Chapter 14 Article VI Section 14-157 Fees started without a permit Chapter 78 Article IX Section 78-585 Child Restraint Barrier 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. July 23, 2009 Page 4 of 4 ATTEST: ~~ C de Enforcement Offic~r i~ APPROVED.: Special Respectfully submitted, Betty Laur Recording Secretary Approved