Loading...
HomeMy WebLinkAboutMinutes_Special Master_10/22/2009VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES October 22, 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 10:04 A.M. The Pledge of Allegiance was led by Special Magistrate Kevin Wagner. The following cases were heard by the Special Master: Violation Hearings: Case Number: 2009-000151 Patricia King and Donald Osowski 56 Live Oak Circle Tequesta, FL 33469 Legal Description: TEQUESTA OAKS LOT 59 Parcel Control Number: 60-43-40-30-42-000-0590 Chapter 30 Article II Section 30-32 Excessive Accumulations Prohibited IPMC Chapter 3 Section 306 Extermination Findings of fact are the Respondents are the owners for the above described properly; Ms. Susan King Carr, the sister of Respondent Patricia King, was present at the hearing and had authorization from the Respondent to represent her. There was a finding of proper notice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation as contained in the Village's evidentiary case file, which was accepted into evidence. Conclusions of law were that based on the above stated facts constitute a violation of Chapter 30 Article II Section 302 of the Code of Ordinances of the Village of Tequesta and Chapter 3 Section 306 of the IPMC. Special Master Wagner ordered Respondents to comply with Chapter 30 Article II Section 302 of the Code of Ordinances of the Village of Tequesta and Chapter 3 Section 306 of the IPMC no later than 4:00 p.m. on November 1, 2009. Special Master Hearing October 22, 2009 Page 2 of 10 If Respondents do not comply within the time specified, a fine of up to $250.00 per day may be assessed for the violations that continue beyond the above date set for compliance. A Fine Assessment Hearing will be held before the Special Magistrate on the 3rd day of December 2009 at 10:00 a.m. at the Tequesta Village Hall, 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 $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 $200.00 for administrative costs if paid within ten 10 days. Status Hearing: Case Number: 2009-000152 Stephen Graves 300 Fairway Drive Tequesta, FL 33469 Legal Description: TEQUESTA LT 215 Parcel Control Number: 60-42-40-26-01-000-2150 Chapter 78 Article IX Section 78-642 Parking of Commercial Vehicles Prohibited in Residential Areas Findings of fact are the Respondent is the owner for the above described property. Mrs. Page Graves was present at the hearing and there was a finding of proper notice. As of the hearing on October 22, 2009, based on testimony and photographs presented by Code Enforcement Office Joe Petrick, as contained in the Village's evidentiary case file, which was admitted into evidence, the property was previously in violation, but had achieved compliance with Chapter 78, Article IX, Section 78-642. Mrs. Page Graves testified that the property had been in compliance since the August 27, 2009 hearing of this matter, and that prior to that had been in violation only during the time that Respondents' garage was inaccessible. Conclusions of law were the above-stated facts constitute a violation of Chapter 78, Article IX, Section 78-642 of the Code of Ordinances of the Village of Tequesta. Special Master Hearing October 22, 2009 Page 3 of 10 Special Master Wagner ordered Respondent to continue to comply with Chapter 78, Article IX, Section 78-642 of the Code of Ordinances of the Village of Tequesta. 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 $100.00 for administrative costs to be paid immediately. Repeat Violation Hearings: Case Number: 2009-000194 CC Reality Advisors Tequesta Investors LP Frank Banko 281 US Highway One Tequesta, FL 33469 Legal Description: TEQUESTAPINES LT 202 Parcel Control Number: 60-42-40-25-25-000-2020 Chapter 30 Article II Section 30-33 Prohibited Conditions Findings of fact are the Respondent is the owner for the above described property. The Respondent was present at the hearing and represented by Ms. Christina Yates; there was a finding of proper notice of the repeat violation and the hearing. Code Enforcement Office Joe Petrick testified to the existence of the violation and produced evidence of the violation as contained in the Village's evidentiary case file, which was accepted into evidence. Ms. Yates acknowledged the existence of the violation and tested that the operator of the business who has been parking his vehicle contrary to Village Code requirements is in violation of the least. The record reflects that the same respondent was in violation of the same code provision at the same property within the past five years. Conclusions of law were that based on the above-stated facts, Respondent is in repeat violation of Chapter 78, Article IX, Section 78-745 of the Code of Ordinances of the Village of Tequesta. Special Master Hearing October 22, 2009 Page 4 of 10 Special Master Wagner ordered Respondent to immediately comply with Chapter 78, Article IX, Section 78-745 of the Code of Ordinances of the Village of Tequesta, and assessed a fine for this repeat violation in the amount of $250.00. Respondent shall be assessed $275.00 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: 2009-000183 Express Equity Lending Group Raymond Reyes 2 Pine Hill Trail West Tequesta, FL 33469 Legal Description TEQUESTA PINES LT 202 Parcel Control Number: 60-42-40-25-00-000-5050 Chapter 30 Article II Section 30-33 Prohibited Conditions Findings of fact were the Respondents are the owners of the above-described property. The Respondents were not present at the hearing; however, there was a finding of proper notice of the repeat violation and the hearing. Code Enforcement Officer Joe Petrick testified to, and offered evidence of the existence of the violation as contained in the Village's evidentiary case file which was accepted into evidence. Specifically, Officer Petrick testified that the violation was first noticed on September 14, 2009. The same respondents were in violation of the same code provision at the same property twice within the past five years. Conclusions of law were that based on the above-stated facts, Respondents are in repeat 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 shall immediately comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. A fine is hereby assessed for this repeat violation in the amount of Two Hundred Dollars ($200.00) per day beginning September 14, 2009 and continuing until the property is brought into compliance. Special Master Hearing October 22, 2009 Page 5 of 10 Respondents shall be assessed $211.69 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 Respondents, pursuant to Chapter 162, Florida Statutes. Fine Assessment Hearings: 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 The Village Attorney announced this case had complied. 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/V1~ Parcel Control Number: 60-42-40-25-00-000-5050 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 not present at the hearing; however there was a finding of proper notice. Special Master Hearing October 22, 2009 Page 6 of 10 Code Enforcement Officer Joe Petrick testified to and offered photographs depicting the existing violations as contained in the Village's evidentiary case file which was accepted into evidence. Conclusions of law were that the above-stated facts constitute a violation of Chapter 30 Article II Section 30-33 of the Gode of Ordinances of the Village of Tequesta. Special Master Wagner ordered that Respondent shall 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 November 22, 2009. If Respondent does not comply within the time specified, as fine of $25.00 per day shall be assessed for each day the violation continues beyond the above date set for compliance. A Fine Assessment Hearing will be held before the Special Magistrate on the 3~d day of December, 2009 at 10:00 am at the 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. Respondent shall be assessed $249.90 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: 2009-000163 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 & N OF TEQUESTA DR (LESS TH PT Parcel Control Number: 60-~3-40-30-00-000-7034 Special Master Hearing October 22, 2009 Page 7 of 10 Chapter 78 Article IX Section 78-612 Temporary Structures. Other Uses Findings of fact were that 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. As of the hearing on October 22, 2009, based on testimony and photographs presented by Code Enforcement Officer Joe Petrick, as contained in the Village's evidentiary case file which was accepted into evidence, the property was previously in violation, but is now in compliance with Chapter 78 Article IX Section 78-612. Conclusions of law were that the above-stated facts constitute a violation of Chapter 78 Article IX Section 78-612 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to continue to comply with Chapter 78 Article IX Section 78-612 of the Code of Ordinances of the Village of Tequesta. 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. Respondent shall be assessed $220.90 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: 2009-000179 Alvin Bergerman 391 Norfolk Avenue Tequesta, FL 33469 Legal Description: JUPITER IN THE PINES SEC B LT 7 BLK 18 Parcel Control Number: 60-42-40-25-06-018-0070 Special Master Hearing October 22, 2009 Page 8 of 10 Chapter 30 Article II Section 30-33 Prohibited Conditions Chapter 30 Article IX Section 30-331 Declaration of a Nuisance 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. As of the hearing on October 22, 2009, based on testimony and photographs presented by Code Enforcement Officer Joe Petrick, as contained in the Village's evidentiary case file which was accepted into evidence, the property was previously in violation, but is now in compliance with Chapter 30 Article IX Section 30-33. Conclusions of law were that the above-stated facts constitute a violation of Chapter 30 Article IX Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to continue to comply with Chapter 30 Article IX Section 30-33 of the Code of Ordinances of the Village of Tequesta. 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. Respondent shall be assessed $315.44 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 property upon which the violation exits and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Foreclosure Authorizations -none The minutes of the September 24, 2009 Special Master Hearing were approved by the Special Master. Adjournment There being no further cases, the meeting was adjourned. Special Master Hearing October 22, 2009 Page 9 of 10 Respectfully submitted, ~~ ~ Betty Laur Recording Secretary ATTEST: de Enforcement Officer APPI~ rtiy~,~~- i2~~ Sp~~ial Master Date Approved