Loading...
HomeMy WebLinkAboutMinutes_Special Master_02/25/2010VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES February 25, 2010 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 10:04 A.M. The Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Status Hearing: Case Number: 2009-000211 Grand Bank and Trust of Florida Joe Prince 395 Tequesta Drive #B Tequesta, FL 33469 PCN: 602-40-25-39-000-0020 Legal Description: TEQUESTA PROFFESSIONAL CENTRE UNIT B Chapter 14 Article VI Section 14-152; Building Permits Chapter 14 Article VI Section 14-157; Fee for Job Started Without Permit Findings of fact were that Respondent is the owner of the above-described property. The Respondent was not represented at the hearing; however, there was a finding of proper notice of the 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. 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 Kevin Wagner ordered the 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 is assessed at this time, however, a Fine Assessment Hearing will be held before the Special Magistrate on the 25"' day of March, 2010 at 10:00 am at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida 33469. Special Master Hearing January 28, 2010 Page 2 of 8 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: 2010-000028 William Patagonia 144 Magnolia Way Tequesta, FL 33469 PC N : 60-42-40-255-000-00430 Legal Description: RIVERSIDE OAKS RPL LT 43 Chapter 10 Article II Section 10-34; Dogs Running at Large Findings of fact were that the Respondent was not present; however, there was a finding of proper notice. The parties have agreed to continue this matter and requested that the case be continued to the March 25, 2010 agenda. Special Master Wagner ordered that this matter is continued to the March 25, 2010 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, and no further continuances of this matter shall be granted. Fine Assessment Hearings -None Violation Hearings: Case Number: 2009-000215 Oz of Tequesta Inc. Dorothy Campbell 377-387 Tequesta Drive Tequesta, FL 33469 P C N : 60-42-40-2 5-10-002-0082 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 Chapter 78 Article XI Section 78-745; Prohibited in all zoning Categories Special Master Hearing January 28, 2010 Page3of8 Findings of fact were that the Respondent is the owner for the above-described property. The Respondent, Dorothy Campbell, was present and there was a finding of proper notice. Cyrese Colbert and Julie Beaumont were present and testified on behalf of the Respondent. Officer Petrick testified to and offered photographs depicting the existing violations. Conclusions of law were that the above-stated facts constitute a violation of Chapter 78 Article XI Section 78-745 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered #hat the Respondent is in violation of Chapter 78 Article XI Section 78-745 of the Code of Ordinances of the Village of Tequesta, and is hereby ordered to comply with Chapter 78 Article XI Section 78-745 of the Code of Ordinances of the Village of Tequesta by 4:00 p.m. on March 11, 2010. A fine assessment hearing is hereby scheduled for March 25, 2010 at 10:00 a.m. at the Village of Tequesta Village Hall Council Chambers, 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 $218.15 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: 2009-000201 William and Lois Gray 63 Live Oak Circle Tequesta, FI 33469 PC N: 60-43-40-30-42-000-0720 Legal Description: TEQUESTA OAKS LOT 72 Chapter 30 Article X Section 30-361; Prohibited noise generally Special Master Hearing January 28, 2010 Page 4 of 8 Findings of fact were that the Respondents are the owners for the above- described property. The Respondent, Lois Gray, was present at the hearing and there was a finding of proper notice. Ms. Gray appeared and presented testimony and evidence. 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. Betsy Hatfield appeared and presented testimony and evidence of the violations. As of the hearing on February 25, 2010, based on testimony presented by the Code Enforcement Officer and witness, the property was found to have violated Chapter 30 Article X Section 30-361 a minimum of one (1) time. Conclusions of law were that the above-stated facts constitute a violation of Chapter 30 Article X Section 30-361 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that Respondents cease and desist any further violation of Chapter 30 Article X Section 30-361 and continue to comply with Chapter 30 Article X Section 30-361 of the Code of Ordinances of the Village of Tequesta. No fine is assessed at this time; however, Respondents shall be assessed $232.90 for adminis#rative costs to be paid immediately. 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. 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: 2010-000002 Leonhardt-Sullivan and Associates Inc. Joan Sullivan 150-152 Bridge Road Tequesta, FL 33469 PC N : 60-43-40-30-00-000-7080 Legal Description: 30-40-43, W 65 FT OF E 630.21 FT OF N 125 OFS613.76FTOF'/4 Chapter 14 Article V1 Section 14-152; Building Permits Special Master Hearing January 28, 2010 Page 5 of 8 Findings of fact were that the Respondent was not present; however, there was a finding of proper notice. The parties have agreed to continue this matter and requested that the case be continued to the March 25, 2010 agenda. Special Master Wagner ordered that this matter is continued to the March 25, 2010 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Case Number: 2010-000013 J&J Realty Holdings of Jupiter Joseph Capasso and Jeanette Roberts 371 Cypress Drive #B Tequesta, FL 33469 PCN: 60-43-40-30-03-002-0040 Legal Description: JUPITER IN THE PINES SEC C LTS 4 THRU 6 BLK 2 Chapter 78 Article XI Sections 78-733; Applicability of building and Electrical codes, and 78-745; Prohibitions in all zoning categories Findings of fact were that the Respondents are the owners for the above- described property. The Respondents were not present at the hearing; however, there was a finding of proper notice. OfFicer Petrick testified to and offered photographs depicting the existing violations of Sections 78-733 and 78-745 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the above-stated facts constitute a violation of Chapter 78 Article XI Section 78-733, and Chapter 78 Article XI Section 78-745 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered that Respondents comply with Chapter 78 Article XI Section 78-733 and Chapter 78 Article XI Section 78-745 of the Code of Ordinances of the Village of Tequesta by 4:00 p.m. on March 27, 2010. Compliance shall be achieved by obtaining the proper permit. Should Respondents fail to come into compliance as required by this Order, a fine of $50.00 per day may be assessed for each day the violation continues. A fine assessment hearing is hereby scheduled for March 25, 2010 at 10:00 a.m. at the Village of Tequesta Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. Special Master Hearing January 28, 2010 Page 6 of 8 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 $283.15 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: 2009-000221 Kevin and Karen Newfield 83 River Drive Tequesta, FL 33469 PCN: 60~2~0-26-01-000-0250 Legal Description: TEQUESTA LT 25 Chapter 14 Article VI Sections 14-152; Building Permits, 14- 153 Plumbing Permits, 14-154; Electrical Permits, 14-157; Double fee for work started without a permit The Village Attorney announced this case had been pulled from the agenda. Foreclosure Authorizations -None Fine Reduction Hearings: Case Number: 2009-000183 Express Equity Lending Group Mirielle Abraham 2 Pine Hill Trail West Tequesta, FL 33469 PCN : 60-42-40-25-25-000-2020 Legal Description: TEQUESTA PINES LOT 202 Special Master Hearing January 28, 2010 Page 7 of 8 Findings of Fact were that the Respondent was not present; however, the Respondent was represented at the hearing by Susan De Matias, the current purchaser of the property. Ms. De Matias 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 one hundred and forty-eight days. The original fine was assessed in the total amount of $29,600.00. Conclusions of law were that the Respondent is no longer 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 the Respondent's fine shall be reduced to $415.09, representing the Village's administrative costs in this matter. If this reduced fine of $415.09 is not paid in full to the Village of Tequesta within thirty days of the rendering of this Order, the original fine amount of $29,600.00 shall be reinstated. The minutes of the January 28, 2010 Special Master Hearing were approved by the Special Master. Adiournment There being no further cases, the meeting was adjourned at 11:00 a.m.. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Code Enforcement Officer APPROVED: Special Master Date Approved