HomeMy WebLinkAboutMinutes_Special Master_08/27/2009VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
August 27, 2009
PRESENT: Special Master Kevin Wagner; Code Enforcement Officers Joe
Petrick and Joseph Fabino, 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.
The following cases were heard by the Special Master:
Status Hearings -None
Repeat Violation Hearings:
Case Number: 2009-000117
Mark Peterson
305 Fairway North
Tequesta, FL 33469
PC N : 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 present at the
hearing; there was a finding of proper notice of the repeat violation and the
hearing. Officer Jae Petrick testified to the existence of the violation.
Specifically, Officer Petrick testified that the violation existed for 17 days from
June 26, 2009 until July 12, 2009. Mr. Peterson testified and acknowledged that
his vehicle was in violation; due to his having received erroneous information that
Village code had changed to allow it. Based upon evidence presented the
property is in violation of Chapter 78 Article IX Section 78-642 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
twice within the past five years. As such, this is a repeat violation.
Special Master Hearing
August 27, 2009
Page 2 of 6
Conclusion of law is that based on the above-stated facts, Respondent is in
repeat violation of Chapter 78 Article IX Section 78-642 of the Code of
Ordinances of the Village of Tequesta.
Special Master Wagner ordered that the Respondent shall comply with Chapter
78 Article IX Section 78-642 of the Code of Ordinances of the Village of Tequesta
immediately. A fine is hereby assessed for this repeat violation in the amount of
four hundred twenty five dollars ($425.00). In addition, administrative costs in the
amount of two hundred thirty nine dollars and sixty five cents ($239.65) 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.
Case Number: 2009-000124
William Patagonia
144 Magnolia Way
Tequesta, FL 33469
Legal Description: RIVERSIDE OAKS REPL LT 43
Parcel Control No. 60-42-40-25-45-000-0430
Chapter 10 Article II Section 10-34
Dogs running at large
Findings of fact were that the Respondent was not present at the hearing; there
was a finding of proper notice of the repeat violation and the hearing. Officer Joe
Petrick testified to the existence of the violation. Additionally, Wayne Piorio,
Joanne Russell and Joanne Brooks testified to observing Respondent being in
violation on 14 separate occasions. Based upon evidence presented the
property is in violation of Chapter 10 Article II Section 10-34 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
within the past five years. As such, this is a repeat violation.
Conclusion of law was that based on the above-stated facts, Respondent is in
repeat violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances
of the Village of Tequesta.
Special Master Wagner ordered that the Respondent shall comply with Chapter
10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta
immediately. A fine is hereby assessed for this repeat violation in the amount of
Special Master Hearing
August 27, 2009
Page 3 of 6
three thousand, five hundred dollars, representing $250.00 for each of the
fourteen separate violations established by the evidence in this case. In addition,
administrative costs in the amount of four hundred twelve dollars and forty cents
($412.40) 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 -None
Violation Hearings
Case Number: 2009-000139
Robert Simses
212 US Highway One, Unit #21
Tequesta, FL 33469
PCN: 60-43-40-30-36-000-0120
Legal Description: TEQUESTA COMMERCE CENTER
COND UNIT 21
Chapter 26 Article II Section 26-61
Alarm Permit Required
The Village Attorney reported this case had complied.
Case Number: 2009-000140
Antonio and Laura Romano
20 Eastwinds Circle
Tequesta, FL 33469
PCN: 60-42-40-25-40-000-0050
Legal Description: EASTWINDS LANDING LT 5
Chapter 30 Article IX Section 30-331
Prohibited: declaration of nuisance
The Village Attorney reported this case had complied.
Special Master Hearing
August 27, 2009
Page 4 of 6
Case Number: 2009-000152
Stephen Graves
300 Fairway North
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-2150
Legal Description: TEQUESTA LT 215
2 Violations:
Chapter 78 Article IX Section 78-642
Parking of certain commercial vehicles prohibited in
residential areas
Chapter 78 Article XI Section 78-745(e)
Prohibitions in all zoning categories
Findings of fact were the Respondent is the owner of the above~iescribed
property. The Respondent was present at the hearing and there was a finding of
proper notice. Officer Petrick testified that as of the date of this hearing, the
property was in compliance with Chapter 78 Article IX Section 78-642 of the
Code of Ordinances of the Village of Tequesta, but had not achieved compliance
within the time specified in the Notice of Violation. Officer Petrick also produced
photographs of the violation and compliance. The Respondent testified that
although the vehicles in question were parked at the subject property from time
to time, it was only overnight during events and when the garage door to the
residence was broken, preventing the vehicle from being parked therein.
Conclusions of law are the determination of the existence of a violation is stayed
pending a further status hearing in this matter.
This matter is hereby scheduled for a status hearing on October 22, 2009 at
10:00 a.m. to be held at the Village Hall Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469. The Special Magistrate hereby retains jurisdiction to
enter further orders in this matter as appropriate.
Foreclosure Authorizations
Case Number: 2009-000138 (2008-00328, 2009-00019)
FLI/Paula Beilski
Fred Braun, Esq.
479 Seabrook Road
Tequesta, FL 33469
PCN: 60-42-40-25-00-000-5320
Legal Description: 25-40-42, N 130 FT OF W 635 FT OF
Special Master Hearing
August 27, 2009
Page 5 of 6
NE '/4 OF SE '/4 (LESS N 117 FT OF E 25 FT OF W 555 FT
& ELY 46.04 FT RNV SEABROOK
Foreclosure Authorization (Property remains in violation of
Chapter 30 Article II Section 30-33; Prohibited Conditions)
Findings of fact were the Respondent is the owner of the above-described
property. The Respondent was not present at the hearing; however, the
Respondent was represented by Frederick C. Braun, Esq. and there was a
finding of proper notice. Officer Petrick testified that the property remains in
violation, and that a lien was recorded against the property in this case on April
10, 2009, and that said lien has not been paid. Mr. Braun acknowledged the
ongoing violation and the existence of the lien, but offered to work with the
Village in an effort to avoid foreclosure litigation.
Conclusion of law was that a valid lien exists on the subject property and has
been recorded in the public records of Palm Beach County in excess of 90 days.
As such, foreclosure is permissible in this case.
Special Master Wagner ordered that the Village of Tequesta is hereby authorized
to foreclose on the lien in this matter.
Fine Reduction Hearings -None
Minutes of the July 23, 2009 Special Magistrate Hearing were approved by the
Special Master.
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
Betty Laur
Recording Secretary
Special Master Hearing
August 27, 2009
Page 6 of 6
ATTEST:
~-~-~
Co Enforcement Officer
APPRQd° l ~ ~~/~ ~ ~ ~~-I 1~~
C~ .~'Yt'I`=
Date Approved