HomeMy WebLinkAboutMinutes_Special Master_12/03/2009VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
December 3, 2009
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer 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.
The following cases were heard by the Special Master:
Violation Hearings:
Case Number: 2009-000192
Donnini Enterprises
Gerald and James Donnini
104 US Highway 1
Tequesta, FL 33469
Legal Description
30-40-43, NLY 160.08 FT OF SLY 1370.57 FT OF ELY 125.7
FT OF PT OFGOVLTS3&4&SW1/4LYGWOF&ADJ
TO US HWY
Parcel Control Number: 60-43-40-30-00-003-0010
Chapter 30 Article II Section 30-33
Prohibited Conditions
Findings of fact were that the Respondents are the owners for the above-
described property. Respondent, James Donnini, was present at the hearing and
testified to his attempts to bring the property into compliance. 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. As of December 3, 2009, the
property is not in compliance.
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 Respondents are in violation of Chapter 30
Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta, and
Special Master Hearing
December 3, 2009
Page 2 of 7
shall comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances
of the Village of Tequesta no later than January 28, 2010 at 10:00 a.m.
This matter is hereby scheduled for a status hearing on January 28, 2010 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.
Respondents shall be assessed $268.15 for administrative costs to be paid
immediately.
Case Number: 2009-000101
Paul Sedelnik
103 Magnolia Way
Tequesta, FL 33469
Legal Description: RIVERSIDE OAKS REPL LT 1
Parcel Control Number: 60-42-40-25-45-000-0010
Chapter 10 Article II Section 10-34
Dogs Running at Large
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. The neighbor of the Respondent, Pamela Lazarus, was
present and was called as a witness and testified to her observation of the
violations. As of the hearing on December 3`d, 2009, based on testimony and
photographs presented by Code Enforcement Officer Joe Petrick and Pamela
Lazarus, as contained in the Village's evidentiary case file which was accepted
into evidence, along with additional photographs which were identified and
accepted into evidence as the Village's Exhibits 2, 3 and 4, the property was in
violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the
Village of Tequesta on two separate dates.
Conclusion of law was that the above-stated facts constitute two separate
violations of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the
Village of Tequesta.
Special Master Kevin Wagner ordered that Respondent cease and desist
immediately any further violations of Chapter 10 Article II Section 10-34 of the
Code of Ordinances of the Village of Tequesta. Special Master Wagner further
ordered that the above violations are irreparable or irreversible in nature pursuant
to Chapter 2 Article IV Section 2-187 of the Code of Ordinances of the Village of
Tequesta and that a fine of $100.00 for each separate violation is assessed
Special Master Hearing
December 3, 2009
Page 3 of 7
totaling a fine of $200.00. Additionally, a fine of $100.00 shall be assessed for all
future violations of Chapter 10 Article II Section 10-34 which are proved by the
Village.
Respondent shall be assessed $221.15 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.
Repeat Violation Hearings
Case Number: 2009-000208
David Sperry
372 Franklin Road
Tequesta FL 33469
LecLal Description: JUPITER IN THE PINES SEC B LT 3
BLK 114
Parcel Control Number: 60-42-40-25-06-014-0030
Chapter 30 Article II Section 30-33
Prohibited Conditions
Findings of fact were that the Respondent is the owner of the above-described
property. The Respondent was 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. The same respondent was in violation of the
same code provision at the same property three times within the past two years.
Conclusion of law was that based on the above-stated facts, Respondent is 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 Respondent 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
Fifty Dollars ($50.00) per day beginning November 18, 2009 and continuing until
the property is brought into compliance.
Special Master Hearing
December 3, 2009
Page 4 of 7
Respondent shall be assessed $202.69 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 Respondent, pursuant to Chapter 162, Florida Statutes.
Fine Assessment Hearings
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
OF S 814.75 FT OF SE 1/4 OF SE 1/4 (LESS S 10FT RD
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 is the owner for the above-described
property. The Respondent was not present at the hearing; however, there was a
finding of proper notice. Officer Petrick testified to and produced photos of the
remaining violation, which continues to exist beyond the date originally set for
compliance by the special magistrate.
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 Wagner ordered that a fine be assessed for the violation that
continue to exist on the property. A daily fine of $25.00 per day is hereby
assessed beginning November 23, 2009 and continuing until compliance is
achieved.
In addition, Respondent shall be assessed $249.90 for administrative costs from
the Violation Hearing, and $193.69 for administrative costs from this Fine
Assessment Hearing, for total administrative costs of $443.59 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
December 3, 2009
Page 5 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.
Violation Hearings:
Case Number: 2009-000185
Waterway Beach Condo Association
John Sheppard
100 Waterway Road
Tequesta, FL 33469
Legal Description: WATERWAY BEACH CONDOMINIUMS
ALL OF COND (LESS COND A & E & BLDG SITE FOR COND
6 C & D) AS IN OR1804P1784 A/K/A COMMON
Parcel Control Number: 60-43-40-30-15-000-0010
Chapter 14 Article VI Section 14-152
Building Permits
Village Attorney Keith Davis announced this case had complied.
Case Number 2009-000201
William and Lois Gray
63 Live Oak Circle
Tequesta, FL 33469
Legal Description: TEQUESTA OAKS LT 72
Parcel Control Number: 60-43-40-30-42-000-0720
Chapter 30 Article X Section 30-361
Prohibited Noise Generally
Village Attorney Keith Davis announced this case had been reset to a later
agenda by the Village.
Status Hearings -None
Foreclosure Authorizations -None
Fine Reduction Hearings -None
Special Master Hearing
December 3, 2009
Page6of7
The minutes of the October 22, 2009 Special Master Hearing were approved by
the Special Master.
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted, J
~;
Betty Laur
Recording Secretary
ATTEST:
~~~---
Enforcement
APPROVED:
Special Master
L'/ ..
~I
i
~~1~
Date Approved