HomeMy WebLinkAboutMinutes_Special Master_01/27/2011 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
January 27, 2011
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, Village
Attorney Jennifer Gardner Ashton
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by
Special Magistrate Kevin Wagner.
STATUS HEARINGS - None
FINE ASSESSMENT HEARINGS -None
REPEAT VIOLATION HEARINGS -None
VIOLATION HEARINGS
1. Case Number: 2010 -00072
Nancy and John McCallister
61 Hickory Hill Road
Tequesta, FI 33469
PCN: 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 that the Respondents were not present at the hearing; however,
there was a finding of proper notice.
Code Compliance Special Magistrate Kevin Wagner ordered that this matter be tabled until
February 24, 2011. Respondents were directed to have their air conditioning contractor
send a letter to the Building Official for the Village of Tequesta identifying the work done on
the garage addition. Respondents further were directed to send a notarized letter to the
Building Official for the Village of Tequesta identifying the work done to remedy the mold
Special Master Hearing
January 27, 2011
Page 2 of 4
issues in the garage addition and to verify that the garage addition will not be used as
habitable space. The Building Official may need to verify the contents of both letters.
Notice was given to Respondents that they must appear at the Violation Hearing which will
be held on the 24 day of February, 2011 at 10:00 a.m. at Village Hall, Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer
certifies that they have timely brought their property into compliance.
2. Case Number: 2010 - 000106
Jonathan Dennis and Leslie Stockton
39 Willow Road
Tequesta, FL 33469
PCN: 60 -43- 40- 30 -09- 000 -1120
Legal Description: RIDGEWOOD HOMES SEC 4 LT 112
Chapter 14 Article VI Section 14 -152; Building Permits
Findings of fact were that 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. Village of Tequesta Police Officer Franklin also
provided testimony of the violation. As of the hearing on January 27, 2011, based on
testimony presented by the code enforcement officer and police officer, the property was
not in compliance with Section 14 -152.
Conclusion of law was that the above - stated facts constitute a violation of Section 14 -152
of the Code of Ordinances of the Village of Tequesta.
Code Compliance Special Magistrate Kevin Wagner ordered the Respondents to apply for
a permit by February 7, 2011, and obtain the permit by April 27, 2011. If either
requirement is not met, a daily Fine of One Hundred Dollars ($100.00) per day may be
imposed for each day the violation continues to exist.
Respondents also were assessed $410.59 for administrative costs incurred by the Village
prior to January 27, 2011.
If Respondents do not comply with the February 7, 2011 date, a Fine Assessment Hearing
will be held on the 24 day of February, 2011 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469.
If Respondents do not comply with the April 27, 2011 date, a Fine Assessment Hearing will
be held on the 26 day of May, 2011 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
Special Master Hearing
January 27, 2011
Page 3 of 4
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 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.
3. Case Number: 2010 - 000115
Loraine and CR Sylvester
147 Fairview West
Tequesta, FL 33469
PCN: 60- 42- 40- 26 -01- 000 -4650
Legal Description: TEQUESTA LT 465
Chapter 78 Article IX Section 78 -644; R1 -A Violation
Findings of fact were the Respondents were not present at the hearing; however, there
was a finding of proper notice.
Code Compliance Special Magistrate Wagner ordered that this matter be tabled until
February 24, 2011.
Notice was given to Respondents that they must appear at the Violation Hearing which will
be held on the 24 day of February, 2011 at 10:00 a.m. at Village Hall, Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer
certifies that they have timely brought their property into compliance.
FORCLOSURE AUTHORIZATIONS - None
FINE REDUCTION HEARINGS - None
The minutes of the December 9, 2010 Special Master Hearing were approved by the
Special Master.
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January 27, 2011
Page 4 of 4
Adjournment
There being no further cases to be heard, the hearing was adjourned.
Respectfully submitted,
r
Betty Laur
Recording Secretary
ATTEST:
Code nforcement Offi
APPROVE
Special Master Date Approved