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Home My WebLink AboutMinutes_Special Master_03/25/2010 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES March 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 10:00 A.M. The Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Repeat Violation Hearing: Case Number: 2010 - 000028 William Palagonia 144 Magnolia Way Tequesta, FL 33469 PCN: 60- 42- 40- 25-45- 000 -00430 Legal Description: RIVERSIDE OAKS RPL LT 43 Chapter 10 Article II Section 10 -34; Dogs Running at Large This case was withdrawn by the Village. Fine Assessment Hearings: 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 produced Special Master Hearing March 25, 2010 Page 2 of 9 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, Respondents remain in 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 a fine be assessed for the violation that continues to exist on the property. A daily fine of $50.00 per day is hereby assessed beginning March 24, 2010 and continuing until compliance is achieved. In addition, Respondents shall be assessed $215.61 for administrative costs from the Violation Hearing, and $283.15 for administrative costs from this Fine Assessment Hearing, for total administrative costs of $498.76 to be paid immediately. Case Number: 2009 - 000211 Grand Bank and Trust of Florida Joe Prince 395 Tequesta Drive #B Tequesta, FL 33469 PC N : 60- 42- 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 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. Code Enforcement Officer Joe 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, Respondents remain 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 that Respondents are in violation of Chapter 14 Article VI Sections 14 -152 and 14 -157 of the Code of Ordinances of the Village of Tequesta, and must comply immediately with Chapter 14 Article VI Sections 14 -152 and 14 -157 of the Code of Ordinances of the Village of Tequesta. Should they fail to come into compliance as required by this Order, a I Special Master Hearing March 25, 2010 Page 3 of 9 fine of up to $250.00 per day may be assessed for each day the violation continues. This matter is scheduled for a Fine Assessment Hearing on April 22, 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. In addition, Respondents shall be assessed $290.40 for administrative costs from the Violation Hearing, and $214.90 for administrative costs from this hearing, for total administrative costs of $505.30 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. Violation Hearings: Case Number: 2010 - 000002 Leonhardt - Sullivan and Associates Inc. Joan Sullivan 150 -152 Bridge Road Tequesta, FL 33469 PCN: 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' Chapter 14 Article VI Section 14 -152; Building Permits The Village Attorney announced this case was in compliance. Case Number: 2009 -00007 Prime Management John Markov 208 -212 US Highway 1 Tequesta, FL 33469 PCN: 60- 43- 40- 30 -36- 000 -0010 through 60- 43- 40- 30 -36- 000 -0120 And 60- 43- 40- 30 -36- 000 -0130 through 60- 43- 40- 30 -36- 000 -250 Legal Description: Tequesta Commerce Center Units 1 through 24 Chapter 78 Article XI Sections 78 -737; Painting and 78 -738 Wind Special Master Hearing March 25, 2010 Page 4 of 9 Pressure and dead Toad requirements. Findings of fact were that Respondents are the owners of the above described property; Respondents were not present at the hearing, however, the property manager, Vidar Jonsson, appeared on behalf of the Respondents. Mr. Jonsson provided testimony and documentation which was accepted into evidence as Respondents' Exhibits 1 and 2. Mr. Jonsson requested additional time to bring the property into compliance. There was a finding of proper notice. Code Enforcement Officer Petrick provided testimony and evidence of the violation as contained in the Village's evidentiary case file which was accepted into evidence. As of March 25, 2010 the property is not in compliance. Conclusions of law were that the above stated facts constitute a violation of Chapter 78, Article XI, Sections 78 -737 and 78 -738 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that Respondents are in violation of Chapter 78 Article XI Sections 78 -737 and 78 -738 of the Code of Ordinances of the Village of Tequesta and must comply with Chapter 78 Article XI Sections 78 -737 and 78- 738 of the Code of Ordinances of the Village of Tequesta within 30 days. This matter was scheduled for a status hearing on April 22, 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 $223.65 for administrative costs to be paid immediately. Should Respondents violate the same Section of the Code again, they 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. 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 -00212 Kevin Kinnebrew 120 Intracoastal Circle Tequesta, FL 33469 Special Master Hearing March 25, 2010 Page 5 of 9 PC N : 60- 43- 40- 30 -39- 000 -0060 Legal Description: Key West Village Lot 6 Chapter 14 Article VI Section 14 -152; Building Permits This case was withdrawn by the Village. Case Number: 2010 -00014 Silvestre and Rosa Mendoza 360 Evergreen Ave. Tequesta, FL 33469 PC N : 60- 42- 40- 25 -06- 023 -0010 Legal Description: Jupiter in the Pines Sec B Lt 1 Blk 23 Chapter 30 Article II Section 30 -33; Prohibited Conditions Findings of fact were that 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. Code Enforcement Officer Joe Petrick testified to, and provided evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. As of March 25, 2010, 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 Kevin Wagner ordered Respondents to comply with Chapter 30 Article II Sections 30 -33 of the Code of Ordinances of the Village of Tequesta no later than April 21, 2010 at 10:00 a.m. 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. This matter is scheduled for a Fine Assessment Hearing on April 22, 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 $254.65 for administrative costs to be paid immediately. Should Respondents violate the same Section of the Code again, they 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. Special Master Hearing March 25, 2010 Page 6 of 9 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 -00006 Inland South East Tequesta LLC DDR SE Tequesta LLC CT Corporation System Michael Guido 105 US Highway One Tequesta, FL 33469 PC N : 60- 43- 40- 30 -00- 003 -0050 Legal Description: 30- 40-43, WLY 692.40 FT OF GOV LT 3 LYG E OF & ADJ TO SR 5 (LESS N 200 FT, PB61 P32 &PB65P03) & NLY 121.76 FT OF ELY Chapter 14 Article VI Section 14 -152; Building Permits, Chapter 30 Article II Section 30 -33; Prohibited Property Conditions, Chapter 78 Article IX Section 78 -399; Non- working irrigation system Findings of fact were that 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. Code Enforcement Officer Joe Petrick testified to, and provided evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. As of March 25, 2010, the property is not in compliance. Conclusions of law were that the above - stated facts constitute a violation of Chapter 14 Article VI Section 14 -152, Chapter 30 Article II Section 30 -33 and Chapter 78 Article IX Section 78 -399 of the Code of Ordinances of the Village of Tequesta. Special Master Kevin Wagner ordered that Respondents are in violation of Chapter 14 Article VI Section 14 -152, Chapter 30 Article II Section 30 -33 and Chapter 78 Article IX Section 78 -399 of the Code of Ordinances of the Village of Tequesta and are hereby ordered to comply with Chapter 14 Article VI Section 14 -152, Chapter 30 Article II Section 30 -33 and Chapter 78 Article IX Section 78- 399 of the Code of Ordinances of the Village of Tequesta no later than April 21, 2010 at 10:00 a.m. 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. Special Master Hearing March 25, 2010 Page 7 of 9 This matter is scheduled for a Fine Assessment Hearing on April 22, 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 $284.96 for administrative costs to be paid immediately. Should Respondents violate the same Section of the Code again, they 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. 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 -00024 Robert Miller 80 Willow Road Tequesta, FL 33469 PC N : 60- 43- 40- 30 -06- 000 -0760 Legal Description: RIDGEWOOD HOMES SEC 2 LOT 76 Chapter 30 Article II Section 30 -33; Prohibited Conditions Chapter 30 Article IX Section 30 -331; Prohibited declarations of a nuisance; exceptions Findings of Fact were that the Respondent is the owner of the above described property; the Respondent, Robert Miller, was present at the hearing and testified to his attempts to bring the property into compliance. There was a finding of proper notice. The Village Code Officer provided testimony and evidence of the violation as contained in the Village's evidentiary case file which was accepted into evidence. As of March 25, 2010, the property was not in compliance with Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta; however, as of March 25, 2010 the property was in compliance with Chapter 30 Article IX Section 30 -331; however, compliance was not achieved within the time required. Conclusions of law were that the above - stated facts constitute a violation of Chapter 30 Article II Section 30 -33 and Chapter 30 Article IX Section 30 -331 of Special Master Hearing March 25, 2010 Page 8 of 9 the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to comply with Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta no later than April 21, 2010 at 10:00 a.m. Should Respondent fail to come into compliance as required by this Order, a fine of $50.00 per day may be imposed for each day the violation continues. Respondent is further ordered to continue to comply with Chapter 30 Article IX Section 30 -331. This matter is scheduled for a Fine Assessment Hearing on April 22, 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 $265.36 for administrative costs to be paid immediately. Should Respondents violate the same Section of the Code again, they 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. 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 Fine Reduction Hearings - None The minutes of the February 25, 2010 Special Master Hearing were approved by the Special Master. Adjournment There being no further cases, the meeting was adjourned at 10:26 a.m. Respectfully submitted, Betty Laur Recording Secretary Special Master Hearing March 25, 2010 Page 9 of 9 ATTEST: /) Code Enforcement Officer APPROVED: / c)27//() Special Master 2 Date Approved