HomeMy WebLinkAboutMinutes_Special Master_08/26/2010 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
August 26, 2010
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, Village
Attorney Keith Davis
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by
Special Magistrate Kevin Wagner.
STATUS HEARINGS
1. Case Number: 2010 -00007
Tequesta Commerce Center Units 1 through 24
Prime Management; John Markov
208 -212 US HWY 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
Chapter 78 Article XI Section 737; Painting (Signs) and
Chapter 78 Article XI Section 738; Wind pressure and dead load
requirements
Findings of fact were the Respondent was not present at the hearing; however, there was
a finding of proper notice. The Respondent was in the process of bringing the property into
compliance, but required additional time to complete the work. As such, the parties agreed
to continue this matter to the October 28, 2010 agenda.
Special Magistrate Wagner ordered that this matter be continued to the October 28, 2010
agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469.
REPEAT VIOLATION HEARINGS
2. Case Number: 2010 -00062
Brian Tobin
266 Country Club Drive
Tequesta, A 33469
PCN: 60- 42.40- 26 -01- 000 -1620
Special Master Hearing
August 26, 2010
Page 2 of 12
Legal Description: TEQUESTA LT 162
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Findings of fact were that the Respondent, Brian Tobin, was present at the hearing, and
there was a finding of proper notice. Code Enforcement Officer Joe Petrick testified to and
presented photographs of the existence of the repeat violation. Officer Petrick also
presented the previous Order Finding Violation (Case No. 09 -240) which established a
prior violation on the property in 2009. Based upon the evidence presented, the property
is in violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the
Village of Tequesta. The record reflects that the same Respondent was in violation of the
same code provision at the same property in 2009. As such, this is a repeat violation.
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 Magistrate Wagner ordered that a fine of $660.00 be assessed, at $10.00 per day,
for the repeat violation which existed on the property beginning June 21, 2010, through
August 26, 2010, a period of 66 days, and the fine amount shall continue to accrue at
$10.00 per day until compliance is achieved. Respondent also was assessed the Village's
administrative costs in the amount of $269.94.
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
Inspector 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.
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
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.
3. Case Number: 2010 -00081
Mark Peterson
305 Fairway North
Tequesta, FI 33469
PCN: 60- 42- 40- 26 -01- 000 -2410
Legal Description: TEQUESTA LT 241
Special Master Hearing
August 26, 2010
Page 3 of 12
Chapter 78 Article IX Section 78 -642; Parking of certain
commercial vehicles prohibited in residential areas
This case was withdrawn.
4. Case Number: 2010 -00073
Frank and Mary Merola
Tequesta LT 551 Fairview West (112 Fairview West)
Tequesta, FI 33469
PCN: 60- 42- 40- 26 -01- 000 -5510
Legal Description TEQUESTA LOT 551
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Findings of fact were that the Respondents are the owners of the above - described
property. Respondents were not present at the hearing; however, there was a finding of
proper notice. Code Enforcement Officer Joe Petrick testified to, and presented
photographs of, the existence of the repeat violation. Officer Petrick also testified to the
previous Order Finding Violation of December 2007, which established a prior violation on
the property. As of the hearing on August 26, 2010, based on testimony presented by
Officer Petrick, the property was in compliance with Section 30 -33, but had not achieved
compliance within the time specified in the Notice of Repeat Violation. The record
reflected that the same Respondent was in violation of the same code provision at the
same property in 2007. As such, this is a repeat violation.
Conclusion of law was that the above - stated facts constitute a repeat violation of
Section 30 -33 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered the Respondent to continue to comply with Section 30-
33 of the Code of Ordinances of the Village of Tequesta. The Respondent further was
assessed the Village's administrative costs in the amount of $257.46.
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
Inspector 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.
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
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
Special Master Hearing
August 26, 2010
Page 4 of 12
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
5. Case Number: 2010 -00049
Astrol Hospitality Inc.
Hassan Ghalam
400 Beach Road
Tequesta, FL 33469
Legal Description: TEQUESTA TOWERS CONDOMINIUM
APARTMENTS OR BOOK 2239 PAGE 382
Chapter 14 Article VI Section 14 -152; Building Permits
Findings of fact were that the Respondent was present at the hearing and there was a
finding of proper notice. Based upon the evidence, pictures and testimony presented at
the hearing on August 26, 2010, the Special Magistrate found that the property remained
in violation of Section, 14 -152. The Respondent was in the process of bringing the
property into compliance, but required additional time to complete the work. As such, the
parties agreed to continue this matter to the October 28, 2010 agenda.
Conclusion of law was that the above - stated facts constitute a continuing violation of
Section 14 -152 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered that the Fine Assessment Hearing in this matter shall
be continued to the October 28, 2010 agenda, to be heard at 10:00 am at the Village Hall
Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469.
6. Case Number: 2010 -00036
Royal Tequesta LLC
Donald Allison
734 -746 US HWY 1
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -00- 001 -0170 and 60- 43- 40- 30 -00- 001 -0120
Legal Description: 30- 40-43, N 200 FT OF S 650 FT OF GOV
LT 1 LYG W OF SR 5 & ADDL R/W and30- 40-43, N 150 FT
OF S 800 FT OF GOV LT 1 W OF SR 5 & ADDL R/W (LESS
TR IN OR950P192)
Chapter 30 Article 11 Section 30 -33; Prohibited Conditions
Special Master Hearing
August 26, 2010
Page 5 of 12
Findings of fact were that the Respondent was represented at the hearing by Bo Gillespie,
Esquire. There was a finding of proper notice. Based upon evidence presented at the
August 26, 2010 Special Magistrate Hearing, the Special Magistrate finds that the Village
abated the health, safety and welfare violations that were present on the properties in
accordance with the Special Magistrate's prior order.
Code Compliance Special Magistrate Wagner ordered that Respondent be assessed
$1,900.00 for the abatement costs incurred by the Village of Tequesta. Respondent
further was assessed previous administrative costs of $252.91 and additional
administrative costs of $285.94.
The Special Magistrate further directed the Village of Tequesta to provide Respondents
with the contact information for the contractor that removed the fence from the properties
in violation.
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
Inspector 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.
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
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.
VIOLATION HEARINGS
7. Case Number: 2010 -00066
Clifford Gilbert and Dana Sheehan
109 Beechwood Trail
Tequesta, FI 33469
PCN: 60 -42- 40- 25 -25- 000 -1340
Legal Description: TEQUESTA PINES LOT 134
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Chapter 30 Article IX Section 30 -331; Prohibited; declaration
Special Master Hearing
August 26, 2010
Page 6 of 12
of nuisance; exceptions
Chapter 14 Article VI Section 14 -152; Building Permits
Findings of fact were 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. 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 the hearing on August 26, 2010, based on testimony presented by code
enforcement officers, the property was not in compliance with Sections 30 -33 and 30 -331.
As of the hearing on August 26, 2010, based on testimony presented by Officer Petrick,
the property was in compliance with Section 14 -152, 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 Sections 30 -33, 30-
331 and 14 -152 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered the Respondents to continue to comply with Section
14 -152 of the Code of Ordinances of the Village of Tequesta. The Respondents were
further ordered to comply with Sections 30 -33 and 30 -331 of the Code of Ordinances of
the Village of Tequesta on or before September 9, 2010. If the Respondents fail to
achieve compliance on or before September 9, 2010, a daily Fine of $50.00 per day may
be imposed for each day the violation continues to exist.
Respondents were also assessed $303.94 for administrative costs incurred by the Village
prior to August 26, 2010.
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
Inspector 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.
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
Notice was given to Respondents that they must appear at the Fine Assessment Hearing
which will be held on the 23rd day of September, 2010 at 10:00 a.m. at Village Hall,
Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certified that they had timely brought their property into compliance.
8. Case Number: 2010 -00072
Nancy and John McCallister
Special Master Hearing
August 26, 2010
Page 7 of 12
61 Hickory Hill Road
Tequesta, FI 33469
P C N : 60- 42- 40- 25 -25- 000 -1840
Legal Description: TEQUESTA PINES LOT 184
Chapter 14 Article VI Section 14 -152; Building Permits
Chapter 14 Article VI Section 14 -155; Mechanical Permits
Chapter 14 Article VI Section 14 -157; Fee for job started
without a permit
Findings of fact were the Respondents were not present at the hearing; however, there
was a finding of proper notice. The Respondents were in the process of bringing the
property into compliance, but required additional time to complete the work. As such, the
partiesagreed to continue this matter to the September 23, 2010 agenda.
Code Compliance Special Magistrate Wagner ordered that this matter be continued to the
September 23, 2010 agenda, to be heard at 10:00 am at the Village Hall Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469.
9. Case Number: 2010 -00060
Stephen and Laura Coffey
368 Church Road
Tequesta, FI 33469
P C N : 60- 42- 40- 25 -06- 032 -0040
Legal Description: JUPITER IN THE PINES SEC B LT 4
BLK 32
Chapter 14 Article VI Section 14 -155; Mechanical Permits
Chapter 14 Article VI Section 14 -153; Plumbing Permits
Findings of fact were that Respondent Stephen Coffey was present at the hearing; there
was a finding of proper notice. The Respondents were in the process of bringing the
property into compliance, but required additional time to complete the work. As such, the
parties have agreed to continue this matter to the September 23, 2010 agenda.
Code Compliance Special Magistrate Wagner ordered that this matter be continued to the
September 23, 2010 agenda, to be heard at 10:00 am at the Village Hall Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469.
10. Case Number: 2010 -00070
Derek Decillo
Special Master Hearing
August 26, 2010
Page 8 of 12
104 Light House Circle #E
Tequesta, FI 33469
PCN: 60- 43- 40- 30 -51- 009 -1030
Legal Description: TEQUESTA TRACE CONDOMINIUM
UNIT 9103
Chapter 10 Article I Section 10 -8;
Animals creating a nuisance
Findings of fact were that the Respondent was not present at the hearing; however, 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. Additionally, Henry Clemens, Mary Nevins and Mike Tombs
presented written witness statements and testimony concerning the continuing violation on
the property. Mary Nevins' written witness statement contained entries outlining the
specific dates that the violations occurred. There were thirty (30) past violations in total.
As of the hearing on August 26, 2010, based on testimony presented by code enforcement
officers, the property was not in compliance with Section 10 -8.
Conclusions of law were that the above - stated facts constituted a violation of Section 10 -8
of the Code of Ordinances of the Village of Tequesta. The violation was irreparable and
irreversible in nature.
Special Magistrate Wagner ordered that a Fine of $1500.00 be assessed, at $50.00 for
each of the thirty (30) past violations present on the property. It was further ordered that
Respondent shall pay a fine of $200.00 for each additional violation observed on the
property.
Respondent also was assessed $325.01 for administrative costs incurred by the Village
prior to August 26, 2010.
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
Inspector 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.
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
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.
Special Master Hearing
August 26, 2010
Page 9 of 12
11. Case Number: 2010 -00074
David Kydd
20 Pine Hill Trail East
Tequesta, FI 33469
PC N : 60- 42- 40- 25 -25- 000 -0380
Legal Description: TEQUESTA PINES LOT 38
Chapter 30 Article II Section 30 -33; Prohibited conditions
Chapter 78 Article IX Section 78 -585; Child Restraint Barrier
Required
Findings of fact were Respondent was not present at the hearing; however, 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 the hearing on August 26, 2010, based on testimony
presented by code enforcement officers, the property was not in compliance with Sections
30 -33 and 78 -585.
Conclusion of law was the above - stated facts constitute a violation of Sections 30 -33 and
78 -585 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered Respondent to comply with Section 78 -585 of the
Code of Ordinances of the Village of Tequesta on or before August 31, 2010. If the
Respondent fails to achieve compliance on or before August 31, 2010, a daily fine of
$150.00 per day may be imposed for each day the violation continues to exist.
The Respondent further was ordered to comply with Section 30 -33 of the Code of
Ordinances of the Village of Tequesta on or before September 22, 2010. If the
Respondent fails to achieve compliance on or before September 22, 2010, a daily fine of
$50.00 per day may be imposed for each day the violation continues to exist.
Respondent was also assessed $267.44 for administrative costs incurred by the Village
prior to August 26, 2010.
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
Inspector 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
August 26, 2010
Page 10 of 12
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
Notice was given to Respondent that Respondent must appear at the Fine Assessment
Hearing which will be held on the 23rd day of September, 2010 at 10:00 a.m. at Village
Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certified that Respondent had timely brought their property into
compliance.
12. Case Number: 2010 -00092
Scott Worsely
358 Cypress Drive #A
Tequesta, Fl 33469
PCN: 60- 43- 40- 30 -03- 001 -0050
Legal Description: JUPITER IN THE PINES SEC C LT 5
BLK 1
Chapter 70 Article II Section 70-43; Engaging in business
without valid receipt; renewal of receipt; penalty for failure
to obtain receipt or pay tax.
Chapter 14 Article VI Section 14 -152; Building Permits
Chapter 14 Article VI Section 14 -153; Plumbing Permits
Chapter 14 Article VI Section 14 -154; Electrical Permits
Chapter 14 Article VI Section 14 -155; Mechanical Permits
Chapter 14 Article VI Section 14 -157; Fee for jobs started
Without a permit
Findings of fact were that the Respondent was not present at the hearing; however, there
was a finding of proper notice. The Respondent was in the process of bringing the
property into compliance, but required additional time to complete the work. As such, the
parties agreed to continue this matter to the October 28, 2010 agenda.
Code Compliance Special Magistrate Wagner ordered that this matter be continued to the
October 28, 2010 agenda, to be heard at 10:00 am at the Village Hall Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469.
FORCLOSURE AUTHORIZATIONS - None
FINE REDUCTION HEARINGS - None
Special Master Hearing
August 26, 2010
Page 11 of 12
The minutes of the July 22, 2010 Special Master Hearing were approved by the Special
Master.
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
CodeL�En orcement Officer
APPROVED: q , 3 1 I
II
Special ster Date Approved