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Home My WebLink AboutMinutes_Special Master_01/28/2010VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES January 28, 2010 PRESENT: Special Master Kevin Wagner; Code Enforcement Ofhcer 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. Status Hearing: 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&sw'/4LYGWOF8~ADJTO US HWY Parcel Control Number: 60-43-40-30-00-003-0010 Prohibited Conditions Chapter 30 Article II Section 30-33 The Village Attorney announced this case had complied. Repeat Violation Hearings -None Fine Assessment Hearings -None The following cases were heard by the Special Master: Violation Hearings: Case Number: 2009-000211 Grand Bank and Trust of Florida: Joe Prince Special Master Hearing January 28, 2010 Page 2 of 7 395 Tequesta Drive #B Tequesta, FL 33469 Legal Description TEQUESTA PROFESSIONAL CENTRE UNIT B Parcel Control Number: 60-42-40-25-39-000-0020 Building Permits Chapter 14 Article VI Section 14-152 Fee for job started without a permit Chapter 14 Article VI Section 14-157 Findings of fact were that the Respondent is the owner of the above-described property. Respondent was represented at the hearing by the contract purchaser Ken Jones. There was a finding of proper notice of the violation and the hearing. Code Enforcement Officer Joe Petrick provided testimony and evidence of the existence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. The Respondent acknowledged that certain work had commenced without a permit, and further offered into evidence a letter addressed to the Village of Tequesta regarding the work and permits. Conclusions of law were that based on the above-stated facts Respondent is in violation of Chapter 14 Article VI Section 14-152 and Chapter 14 Article VI Section 14-157 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to comply with Chapter 14 Article VI Section 14-152 and Chapter 14 Article VI Section 14-157 of the Code of Ordinances of the Village of Tequesta. No fine was assessed at this time, however, a Status Hearing will be held before the Special Magistrate on the 25th day of February, 2010 at 10:00 a.m. at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $293.15 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. Case Number: 2009-000215 OZ of Tequesta, Inc. 377-387 Tequesta Drive Tequesta, FL 33469 Special Master Hearing January 28, 2010 Page 3 of 7 Legal Description: RESUBDIV OF A PORTION OF JUPITER IN THE PINES SEC B SLY 0.15 FT OF LOT 8 IN OR1711 P1303 & LOT 9 PARCEL B Parcel Control Number: 60-42-40-25-10-002-0082 Prohibitions in all zoning categories Chapter 78 Article XI Section 78-745 Respondent 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 February 25, 2010 agenda. Special Magistrate Wagner ordered that this matter is continued to the February 25, 2010 agenda, to be heard at 10:00 a.m. at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida. Case Number: 2009-000213 Jonathan Dennis 39 Willow Road Tequesta FL 33469 Legal Description: RIDGEWOOD HOMES SEC 4 LT 112 Parcel Control Number: 60-43-40-30-09-000-1120 R1 Violation Chapter 78 Article IX Section 78-643 Findings of fact were that Respondent is the owner of the above described property. Respondent Jonathan Dennis was not present at the hearing; however, there was a finding of proper notice. As of the hearing on January 28, 2010, 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. Conclusion of law was 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 Respondent to continue to comply with Chapter 78 Article IX Section 78-643 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 Special Master Hearing January 28, 2010 Page 4 of 7 Magistrate Hearing. Respondent shall be assessed $205.15 for administrative costs to be paid immediately. Case Number: 2009-000201 William and Lois Gray 63 Live Oak Circle Tequesta, FL 33469 Legal Description: TEQUESTA OAKS LT 72 Parcel Control Number: 60-43-1L0-30-42-000-0720 Prohibited Noise Generally Chapter 30 Article X Section 30-361 Respondents were 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 February 25, 2010 agenda. Special Magistrate Wagner ordered that this matter is continued to the February 25, 2010 agenda, to be heard at 10:00 a.m. at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida. This is the second continuance of this matter, and no further continuances shall be granted. Case Number: 2009-000204 Rosemarie Putman 331 Pineview Road Tequesta, FL 33469) Legal Description: JUPITER IN THE PINES SEC D LOT 10 BLK 37 Parcel Control Number: 60-43-40-30-04-037-0100 R1 Violation Chapter 78 Article IX Section 78-643 Findings of fact were the Respondent is the owner of the above-described property. Respondent was not present at the hearing but the Respondent's son, Guy Putnam, appeared on the Respondent's behalf and there was a finding of proper notice. As of the hearing on January 28, 2010, 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. Special Master Hearing January 28, 2010 Page 5 of 7 Conclusion of law was the above-described 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 Respondent to continue to comply with Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta. Should Respondent violate the same Section of the may be subject to a fine of up to $500.00 per day Additionally, the Code Officer is not required to give a the repeat violation and the case may be presented even if the repeat violation has been corrected prior Hearing. Foreclosure Authorizations -None Fine Reduction Hearings Case Number: 2008-32077 Code again, Respondent for such repeat violation. reasonable time to correct to the Special Magistrate to the Special Magistrate Raul Restrepo 332 River Drive Tequesta, FL 33469 Legal Description TEQUESTA LT 94 & W'/ OF ABNDED RD R/W A/IVA TEE LANE LYG ELY & ADJ THERETO Parcel Control Number: 60~2~0-26-01-000-0940 Chapter 3 Sections 302-302.4 and 302.7 IPMC as adopted in Section 14-121 Findings of Fact were that the Respondent(s) was represented at the hearing by Barbara Cohen, his real estate agent who produced documentation establishing her authority to act as Respondent's agent. Ms. Cohen requested a reduction in fine. The Village Code Officer testified that the property is now in compliance, but was out of compliance for a total of 111 days. The original fine was assessed in the total amount of $27,750.00. Conclusions of law were that Respondent(s) are no longer in violation of Chapter 3 Section 302-302.4 and 302.7 of the International Property Maintenance Code Special Master Hearing January 28, 2010 Page 6 of 7 as adopted at Section 14-121 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that Respondent's fine shall be reduced to $905.94, representing the Village's administrative costs in this matter. If this reduced fine of $905.94 is not paid in full to the Village of Tequesta by 4:00 p.m. on February 5, 2010, the original fine amount of $27,750.00 shall be assessed. Violation Hearings: The minutes of the December 3, 2009 Special Master Hearing were approved by the Special Master. Adjournment There being no further cases, the meeting was adjourned at 10:31 a.m.. ATTEST: Cq#K Enforcement Officer APPROVED:��— Respectfully submitted, Betty Laur Recording Secretary a�asl 10 Special Master Date Approved