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Home My WebLink AboutDocumentation_Special Master_Tab 01_02/24/2011 � � �N�N��I��iI�N��f� . �;F�[ 'Lte�1�d�'y°31tr7��t� Q Ei B Eti '..,::�'3'�:� F G 1�'31 REC�R[�Et� �ia3ft�/�.�1� 15:�t3:44 Pai■ ��h �nue�t�r, FL�rf� CODE CQMPLIANCE ORD a� an R. B�ack. �LERK � CU![PT[��]LLER VILLAGE OF TEQUESTA, FLO �� 1 14�� y p�� ORDER FINDING REPEAT VIOLATION AND ASSESS FINE VILLAGE OF TEQiTESTA, Case No. 2010-00068 Petitioner, vs. JONATHAN DENNIS AND LESLIE STOCKTON, Respondent�. / RE: Violation of Chapter 78 Artiele IX Section 78-643 of the Code of Ordinances of the Village of Tequesta. Address: 39 Willow Road Tequesta, Florida 33469 Legal Description: RIDEGEWOOD HOMES SEC 4 LT 112 PCN: 6U-�3-4(}-30-09-000-1120 The Special Magistrate appointed by the Villagc Council to hear code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at thc Code Compliance Heari.ng held on the 22 day of July, 2010, and b�s� on the evidence and testimony presented, entered an Order Finding Repeat Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondents were not present at the he�aring, however, there was a finding of proper notice of the repeat violation and the hearing. 2. Of�cer Jce Petrick testified to, and presented photographs of, the existence of th$ violation which occurred on Juiy 1, 2010. Officer Petrick atso presented t�e previous Order Finding Violation (Case No. 09-213) which e.st�ablished a prior finding of fact. 3. Based upon evidence presented the property was, but no longer is in violation of Chapter 78 Article IX Section 78-643 of the Code of Ordinances of #he Village of Tequesta. 4. The r�cord reflects that the same respondents were in violation of the same code provision at the same properiy in 2�9. As such, this is a repeat viola#ion. Page 1 of 2 � � • � CONCLUSIONS OF LAW Based on the above-stated facts, Respondents were in repeat violation of Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta on July 1, 2010. ORDER It is the Order of the Special Magistrate that the Respondents shall continue to comply with Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta. A fine is hereby assessed for this repeat violation in the amount of Fifly dollars ($50.00). Respondents are also assessed the Village's administrative costs in the amount of $199.63. 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 ather real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. � DONE AND ORDERED THIS <� � day of July, 2010. VILLAGE OF TEQUESTA CODE CO1�r1�? NG��'ECIAL MAGISTRATE . �� -� ; s :..- i - 4,,. •�. �. ; �i`�Y�: Uillage of Tequesta BY: _, �. . __ _._. `�� 16==> KEVIN WAGNER, S�ECIAL MAGISTRATE �ate: • `� ', oC: /� � �,� „� .. (Y`1 �.c��.--- I NEREBY CE�tTIFY 1'Fi� ARO�/E AND FOREGOING IS A TRUE AND CORRECT COPY APPEARING FR�M THE RECORDS �i.��•`''0�` �: iN THE VILLAGF CLERK'S OFFICE VILLAGE ��o�` OF TEQUESTA, FLORIDA AND,.�, EREBY :'„P•pR Rqj; AFFIX THE OFFICIAL SEALTHIS�� DAY =>� �SEAL��.y_ oF , 2o—r-- =: INCORPORATED ;� LORI cWILLIAMS, VILLAGE CLERK ; . . ;Nj; � �.' Q..' ,,�� 4 � ,�g P °'sF OF FL�.`� �� nw�� Page 2 of 2 . . . . . ■ Complete items 1, 2, and 3. Also complete A. a e , item 4 if Restricted Delivery is desired. � A ent ■ Print your name and address on the reverse ddressee so that we can return the card to you. ived by (Pri Name) C. Date of Deiivery ■ Attach this card to the back of the mailpiece, ; or on the front if space permits. ''�' � Z �'� �`� D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: �'A10 '� ii�UV N( S i 1:"SC i L~ .5'C� /ciZ.Z-� � `� l.✓ / C. l (,�K d �� '/ i7= L�()c iik1 L L 31 ��,C 3. Service Type �1 Certlfied Mail ❑ Express Mail ❑ Registered B1 Return Recelpt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticleNumber �p1� 1060 ��], 5527 1992 (Transfer from servlce /abel) ._ _ PS Form 3811, February 2004 Domestic Return Receipt 102595 UNITED STATES POSTAI SERVICE �IrSt-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �'EQllESTi4 POL"ICE DEP,�RTIIAEI�T 357 Tequesta Drive Tequesta, FL 33469 1 i11ti339fE3i1f1l1�1lll�lftl�lllttklilS3#liill��Sliililli73!?) CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Case No. 2010-00068 Petitioner, vs. JONATHAN DENNIS AND LESLIE STOCKTON, Respondents. / RE: Violation of Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta. Address: 39 Willow Road Tequesta, Florida 33469 Legal Description: RIDEGEWOOD HOMES SEC 4 LT 112 PCN: 60-43-40-30-09-000-1120 The Special Magistrate appointed by the Village Council to hear code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 22" day of July, 2010, and based on the evidence and testimony presented, entered an Order Finding Repeat Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondents were not present at the hearing, however; there was a finding of proper notice of the repeat violation and the hearing. 2. Officer Joe Petrick testified to, and presented photographs of, the existence of the violation which occurred on July 1, 2010. Officer Petrick also presented the previous Order Finding Violation (Case No. 09-213) which established a prior finding of fact. 3. Based upon evidence presented the property was, but no longer is in violation of Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta. 4. The record reflects that the same respondents were in violation of the same code provision at the same property in 2009. As such, this is a repeat violation. Page 1 of 2 CONCLUSIONS OF LAW Based on the above-stated facts, Respondents were in repeat violation of Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta on July 1, 2010. ORDER It is the Order of the Special Magistrate that the Respondents shall continue to comply with Chapter 78 Article IX Section 78-643 of the Code of Ordinances of the Village of Tequesta. A fine is hereby assessed for this repeat violation in the amount of Fifly dollars ($50.00). Respondents are also assessed the Village's administrative costs in the amount of $199.63. 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. DONE AND ORDERED THIS day of July, 2010. VILLAGE OF TEQUESTA CODE COMPLIANCE SPECIAL MAGISTRATE BY: KEVIN WAGNER, SPECIAL MAGISTRATE Page 2 of 2 . r � . � � . • u-� �. • . . ..• • . .•� � � . . . . � • • � � � � � , . � (� � Posmge $ � � Certitied Fee � Postmark � Retum Receipt Fee Here � (Endorsement ReQuired) � Restricled Delivery F�e (Endorsement Required) O � Total Postage & Fees � � R.! Sent To 0 "' ---°----- --- --°---^_...--°---°----°°°°°-°°°---°--°--°-.._..--°-°---- � Sheet, Apt. No.; � or PO Box No. f'� ----°--°-------°- � Gl! f (,L �-e1.!_� �-°•-•-------^-------------------- Crty, State. ZIP+4 � � � • . . . . . ■ Complete items 1, 2, and 3. Also qomplete . SI nat re item 4 if Resfricted Delivery is desired. Agent ■ Print your name and address on the reverse X ddressee so that we can return the card to you. g, Received by {Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece 1 �� or on the front if space permits. 1, Article Addressed to: D. Is deliyery address different from item 1? � Yes If YES, enter delivery address below: ❑ No �a�vefi�� D+��r��S C(:5�r t� S`bc `�J � �� wi�� c�w 7L � �f��,�,�Y-� �L 3. Service Type ��foS �Certified Mafl � Express Mail ❑ Registered � Retum �teceipt for Merchandise CI lnsured Mail, G.O.D, 4. Restricted Deliver�/1(Extra Fee) ❑ y� 2. ArticleNumber 7pp9 2820 0�04 14�7 $855 (rransfer from serv/ce label) PS Form 3811 FebrUary 2004 Domestic Return Receipt �o25s5-o2-M-�sac CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION VILLAGE OF TEQUESTA, Petitioner, Case No. 2010-000106 vs. JONATHAN DENNIS AND LESLIE STOCKTON, Respondents. / RE: Violation of Chapter 14 Article VI Section 14-152 of the Code of Ordinances of the Village of Tequesta.. Address: 39 Willow Road Tequesta, Florida 33469 Legal Description: RIDGEWOOD HOMES SEC 4 LT 112 PCN: 60-43-40-30-09-000-1120 The Special Magistrate appointed by the Village Council to hear code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Hearing held on the 27�' day of January, 2011, and based on the evidence and testimony presented, entered an Order Finding Violation. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondents were not present at the hearing; however, there was a fmding of proper notice. 2. 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. 3. 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. Page 1 of 2 CONCLUSIONS OF LAW The above-stated facts constitute a violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. ORDER The Respondents hereby are ordered to apply for a permit by February 7, 2011, and obtain the permit by April 27, 201 L 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 are assessed $410.59 for administrative costs incurred by the Village prior to January 27, 2011. If Respondents do not comply with the Februaxy 7, 2011 date, a Fine Assessment Hearing will be held on the 24 day of February, 2011 at 10:00 a.m. at Village Ha11, 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. Should you violate the same Section of the Code again, you 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. Upon complying in any code compliance matter, it is always the responsibility of the Respondents to contact the Code Compliance Division at (561) 768-0506 to request a reinspection of the property. DONE AND ORDERED THIS day of , 2011. VILLAGE OF TEQUESTA CODE COMPLIANCE SPECIAL MAGISTRATE BY: KEVIN WAGNER, SPECIAL MAGISTRATE Filed with Villa eg Clerk Date: B: Page 2 of 2 � �• � ! , . . O �. • . . ..- . .-r � ? - �' , �� sy � �. �3 � � � � � �� " � � < � ,;• l � i � � .'% �'!�• '� b)�faVR!. � Postage $ � r� Certitied Fee S Postmark p Return Receipt Fee Here p (Endorsement Required) � Restricted Delivery Fee O (Endorsement Required) � Total Postage & Fees $ v Sent To � r „S.w �_N.!�:�L �:._. � � � •°°-- - ..._ = Street, Apt. No.; t or PO Box No. �e'( (�vvC��.��, �r7;�� ---°-----°°-----...-°-------------•-°----------°- -°------------------°----�-°-- Ciry, Shate, ZlP+4 *� � �''�' > "� i.0 C.. �% � � , . . . . ■ Complete items 1, 2, and 3. Also complete A. Sign � item 4 if Restrlcted Delivery is desired. /{gent ■ Print your name and address on the reverse X ress so that we can return the card to you. B. Rec 'v b��r! d ) �' '� c�f Deiivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. "` ' ` D. Is defivery address differe fro�fi Rem 1,d� 1�8� �`q 1. Article Addressed to: If YES, enter delivery ad res�below• �J .� � � iV' �: f `" jG'i�C'�},'"��.�J l��,ht.r�tS ��'� �`��.�/7 `� � ��V � !.L? C- l C: S�c-.aC .7j ,� � ;�; � c, ` . �� , ` . � ��, � �7 �.0 � Lt o�.,) t�Z �`� °`�.m� .. ,.� -�-'"_ Z-�(�A� i%� 3, ServiceType �3 ��c. �Certified Mail ❑ Express Mail ❑ Registered � Return Receipt for Merohandise ❑ fnsured Mail O C.O.D, 4. Restricted Delfver�/1 Fee) ❑ Yes 2. Article Number (Tiansfer from seryice /abe 7 0 � 9 2 8 2 � � � � 4 1 4 0 7 9 4 7 0 PS Form 3811, February 2004 Domestic Return Receipt io2sss-oz-M-ieac . � VIL� OF TEQUESTA � COD NFQRCEMENT 357 Tequesta Drive - Tequesta, FL 33469-0273 Phone (561) 744-4012 NOTICE OF VIOLATION ❑ Event No. 2010-000106 NOTICE OF HEARING � REPEAT VIOLATION ❑ Palm Beach County � vllage Ordinance Tequesta, Florida I --� u CouMy Code The undersigned certifies that helshe had just and reasonable grounds to believe, and does believe that on: Day of Week Month Day Year Time q_M. ❑ Tuesday 11 30 10 1:2� Pnn- � Employee If Business: Name (Print) 5(�nathan Uennis M.I.. Last and Leslie Stockton Street 39 Willow Road City State Zip Tequesta FL 33469 Telephone No. Date of Birth Race Sex Height NOTES: VIOLATION No. Section Page Chapter 1� Article V I 14-152 ORDINANCE Description: BullCjing Pet7riits Reasonaeie cause ror issuance: Property remains in violation after notice of violation was issue�d. See notice of violation dated 10-] 8-] 0. locat o Violation above Manner to compiy: Appear as indicated below. Obtain appropriate permits for "sYudio" apartment addition. coMP�iANCE �aTE: Appear as indicated below. The Special Master/Code Enforcement Board has the power by State Statutes to assess fines up to and Including $250.00 a day or up to and including �500-00 a day for a repeat violation. This citation is issued pursuant to Fla.. Stat., 762. The violation for which you are charged is a civil Infraction. Your signature below dces not constitute an admission of guilt however, willful refusal to sign and accept this citation is a misdemeanor of the 2nd degree as provided by Fla.. Stat. 775.062 or 775.00. YOU ARE HEREBY fJOTIFIED TO APPEAR at 345 Teq uesta D rive Tequesta, FL on Yhe ��th day of �anuary 2010 ��o:oo am at which time your case will be heard. Failure to appear may result In an adjudication and fine entered against you. Relationship SIGNATURE OF RESPONDENT DATElTIME OF ISSUANCE TIME ❑ AM PRINT NAME CertifieA Mail Copy To Records Certified Mail ❑ PM � SIGNATURE OF OFFICER MONTH DAY YEAR J. Petrick ID OR Tm_E ISSUING OFFICER 1146 WHITE: oFFrCExCOrY YELLOW: VIOLATOR COPY VILLAGE OF TEQUESTA CODE COMPLIANCE COST RECOVERY SHEET Code Enforcement Case No. � �/ �-- � f� � Hearing Date: ��-�°� �/ ' Location of Names in Violation: j��, �'�� _ Violations: �% L �Scr �- v�r r� l��c.��2�� Amount Total Amount . Village Attorney ...............................$184.00 per hour $92.00 . Special Master ...................................$150.00 per hour plus Mileage $75.00 . Ownership Search and Verification .............................................. $10.00 . Posting and Publication of Notice ................................................ $10.00 . Recording Fee .......................................................................... $10.00 . Mailing: a) Certified ...............................$5.54 each � S SN b) Regular ... ... ... ... ... ... ... ... ... ......$0.44 each $ ' � y c) Hand Delivery, Mileage and Materials $� . Photographs ..................................$1.00 each $ '� . Administrative Costs: a) Code Enforcement official.......$31.38 Total Compensation Per Hour � 31 3 � b) Building Official .....................$70.00 Total Compensation � Per Hour $ c) Police Officer at Hearing and Police Time In Case ...............$33.19 Total Compensation — Per Hour $ d) Village Clerk ........................$35.68 Total Compensation y Per Hour $ �7 � e) Miscellaneous Costs ........................................................ $ TOTAL AMOUNT DUE AND PAYABLE .............................. $ 2� SIGNED: - •Z 2�--f / DATE:� �� VILLAGE OF TEQUESTA CODE COMPLIANCE COST RECOVERY SHEET Code Enforcement Case No. `o� C�� - (7b� �� Hearing Date: �/�Z�–�� Location of � Names in Violation: �jp��-� �I�lL�_ Violations: C� C-�C_.� i� Gt� fL C l� c.c� ��_T� Amount Total Amount . Village Attorney ...............................$184.00 per hour $92.00 . Special Master ...................................$150.00 per hour plus Mileage $75.00 . Ownership Search and Verification .............................................. $10.00 . Posting and Publication of Notice ................................................ $10.00 . Recording Fee .......................................................................... $10.00 . Mailing: a) Certified ...............................$5.54 each $ I / � � � --r, b) Regular .................................$0.44 each $ k �L� — c) Hand Delivery, Mileage and Materials $�- . Photographs ..................................$1.00 each $ '""" . Administrative Costs: a) Code Enforcement official.......$31.38 Total Compensation Per Hour $ � 3f �� b) Building Official ... ................$70.00 Total Compensation � Per Hour $ c) Police Officer at Hearing and Police Time In Case ...............$33.19 Total Compensation ��,�"7 Per Hour $ d) Village Clerk ... ......... ... ... ... ... $35.68 Total Compensation Per Hour $ �� e) Miscellaneous Costs ........................................................ $ TOTAL AMOUNT DUE AND PAYABLE .............................. $ yl �� SIGNED: DATE: C�f Z �' ��