HomeMy WebLinkAboutMinutes_Special Master_09/24/2009VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
September 24, 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 minutes of the August 27, 2009 Special Master 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: 2009-000240
Brian Tobin
266 Country Club Drive
Tequesta, FL 33469
Legal Description: TEQUESTA LT 162
Parcel Control Number: 60-42-40-26-01-000-1620
Chapter 30 Article II Section 30-33
Prohibited Conditions
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 to and produced photos of the remaining
violation, which continues to exist beyond the da#e originally set for compliance
by the special magistrate. Mr. Tobin testified, offered explanation and argument
that the violation had been cured.
Conclusions of law were that based on the above-stated facts, Respondent
remains in violation of Chapter 30 Article II Section 30-33 of the Code of
Ordinances of the Village of Tequesta.
Special Master Hearing
September 24, 2009
Page 2 of 7
Special Master Wagner ordered that a fine be assessed for the violation that
continues to exist on the property in the amount of one hundred fifty dollars
($150.00). In addition, Respondent shall pay the administrative costs of $260.94.
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, Florida Statutes.
Violation Hearings
Case Number: 2009-000175
Richard Ervolino
156 Las Brisas Circle
Hypoluxo, FL 33446
Legal Description: LAS BRISAS UNIT 156 BLDG 12
Parcel Control Number: 26-43-45-10-24-012-0560
Chapter 46 Article III Section 46-61
Parking Violation; Obstructing a Trafi'ic Lane
The Village Attorney advised this case was withdrawn.
Case Number: 2009-000148
Maney Leshay
387 Seabrook Road
Tequesta, FL 33469
Legal Description 25-40-42, E 106 FT OF W 606 FTOF
N 145.45 FT OF S 814.75 FT OF SE 1/4 OF SE 1/4 (LESS
S 10FT RD R/V1n
Parcel Control Number: 60-42-40-25-00-000-5050
Chapter 30 Article II Section 30-33
Prohibited Conditions
Findings of fact were that the Respondent, Maney Leshay, was not present at the
hearing. The parties have agreed to continue to attempt to resolve this matter
and requested that the case be continued to the October 22, 2009 agenda.
Special Master Hearing
September 24, 2009
Page3of7
Special Master Wagner ordered that this matter is continued to the October 22,
2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Case Number: 2009-000146
Thomas and Barbara Brown
400 Tequesta Drive
Tequesta, FL 33469
Legal Description: JUPITER IN THE PINES SEC B
LT 15 BLK 22
Parcel Control Number: 60-42-40-25-06-022-0150
Chapter 30 Article II Section 30-33
Prohibited Conditions
Findings of fact were that the Respondents are the owners for the above-
described property. The Respondent, Barbara Brown, was present at the
hearing; there was a finding of proper notice. Officer Petrick testified to and
offered photographs depicting the existing violations. Barbara Brown offered
testimony regarding efforts to bring the property into compliance.
Conclusion of law was that the above-stated facts constitute a violation of
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 the
Code of Ordinances of the Village of Tequesta. Respondents are hereby
ordered to comply with Chapter 30 Article II Section 30-33 of the Cale of
Ordinances of the Village of Tequesta by 4:00 p.m. on October 1, 2009. Should
Respondents fail to come into compliance as required by this Order, a fine of
$25.00 per day shall be assessed for each day the violation continues.
A Fine Assessment Hearing shall be held in this matter on October 22, 2009, at
10:00 am in the Village Council Chambers, 345 Tequesta Drive, Tequesta,
Florida 33469.
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.
Special Master Hearing
September 24, 2009
Page 4 of 7
Respondents shall be assessed $226.44 for administra#ive 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: 2009-000163
Glen Stephanos
307 Tequesta Drive
Tequesta, FL 33469
Legal Description:
30-40-43, SLY 210 FT OF W 162.5 FT OF E 375 FT OF
SW 1/4 LYG W OF RY RNV 8~ N OF TEQUESTA DR (LESS
TH PT
Parcel Control Number: 60-430-30-00-000-7034
Chapter 78 Article IX Section 78-612
Temporary Structures. Other Uses
Findings of fact were that the Respondent, Glen Stephanos, was not present at
the hearing. The parties are continuing to attempt to resolve this matter and
requested that the case be continued to the October 22, 2009 agenda.
Special Master Wagner ordered that this matter is continued to the October 22,
2009 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Case Number: 2009-000154
Mary and John Huesgen
9 Chapel Court
Tequesta, FL 33469
Legal Description: CHAPEL COURT SEC 1 LT 36
Parcel Control Number: 602-40-25-31-000-0360
Chapter 30 Article II Section 30-33
Prohibited Conditions
Findings of fact were that the Respondents are the owners for the above-
described property. The Respondents, Mary and John Huesgen, were present
Special Master Hearing
September 24, 2009
Page 5 of 7
at the hearing and there was a finding of proper notice. Officer Petrick testified
to and offered photographs depicting the existing violations. Respondents
testified that they required six (6) months to bring the property into compliance
due to financial issues. Respondents further testified that beyond the swimming
pool screen enclosure which is in violation, the property is enclosed with a secure
fence and self latching gate, and that therefore, the swimming pool is not
exposed to access.
Conclusions of law were that the above-stated facts constitute a violation of
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 the
Code of Ordinances of the Village of Tequesta. Respondents are hereby
ordered to comply with Chapter 30 Article II Section 30-33 of the Code of
Ordinances of the Village of Tequesta by 4:00 p.m. on March 24, 2010. Should
Respondents fail to come into compliance as required by this Order, a fine of
$25.00 per day shall be assessed for each day the violation continues. In
addition, the Village is hereby authorized to inspect the condition of the fence and
gate periodically, at the Village's discretion, to ensure that the swimming pool
remains secure from access. Should the Village determine at any time that the
condition of the fence or gate renders the swimming pool subject to access prior
to the screen enclosure being brought into compliance, the Village may bring #his
matter for a Fine Assessment Hearing and a fine of $25.00 per day shall be
assessed for every day that the condition of the fence or gate renders the
swimming pool subject to access.
Additionally, a Fine Assessment Hearing is herby scheduled for March 25, 2010
at 10:00 in the Village Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469.
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.
Respondents shall be assessed $208.44 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
Special Master Hearing
September 24, 2009
Page 6 of 7
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: 2009-000174
Jon and Barbara Carpenter
522 N. Dover Road
Tequesta, FL 33469
Legal Description: JUPITER IN THE PINES SEC B
LT 10 BLK 16
Parcel Control Number: 60-42-40-25-06-016-0100
Chapter 78 Article IX Section 78-643
R1 R2 R3 Violation
Findings of fact were that the Respondents are the owners for the above-
described property. The Respondent, Jon Carpenter, was present at the
hearing and there was a finding of proper notice. As of the hearing on
September 24, 2009, based on testimony and photographs presented by code
enforcement officers, the property was in compliance with Chapter 78 Article IX
Section 78-643, but had not achieved compliance within the time specified in the
Notice of Violation.
Conclusions of law were that the above-stated facts constitute a violation of
Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of
Tequesta.
Special Master Wagner ordered that the Respondents shall continue to comply
with Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the
Village of Tequesta.
Should Respondents viola#e 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.
Respondents shall be assessed $199.44 for administrative costs to be paid
immediately.
Foreclosure Authorizations -none
Special Master Hearing
September 24, 2009
Page 7 of 7
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
_ ~-c J~
,_
Betty Laur
Recording Secretary
ATTEST:
Y ~~.~a
ode Enforcement Off're~r
Master
Date Approved