HomeMy WebLinkAboutMinutes_Special Master_02/24/2011 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
February 24, 2011
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe
Petrick, and Village Attorney Jennifer Gardner Ashton
Attorney
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led
by Special Magistrate Kevin Wagner.
The following cases were heard by the Special Master:
Status Hearings - None
Repeat Violation Hearings - None
Fine Assessment Hearings
1. Case Number: 2010 - 000106
Jonathan Dennis and Leslie Stockton
39 Willow Road
Tequesta, FL 33469
P C N : 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.. By the "Order Finding Violation"
dated January 31, 2011, the Special Magistrate ordered the Respondents to
comply with Section 14 -152 of the Code of Ordinances of the Village of Tequesta
by applying for a permit on or before February 7, 2011, and by obtaining a permit
by April 27, 2011, or be subject to a fine. Based upon the evidence and
testimony presented at the hearing on February 24, 2011, the Special Magistrate
February 24, 2011
Page 2 of 4
found that Respondents failed to apply for a permit on or before February 7,
2011.
Conclusions of law were that the above - stated facts constitute a violation of
Section 14 -152 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered that a Fine of One Thousand Seven Hundred
Dollars ($1,700.00) is hereby assessed, at One Hundred Dollars ($100.00) per
day, for the violations which existed on the property beginning from February 8,
2011 through February 24, 2011, a period of seventeen (17) days, and such
amount will continue to accrue at One Hundred Dollars ($100.00) per day until
compliance is achieved.
It further was the Order of the Special Magistrate that Respondents shall be
assessed $252.20 in administrative costs for the February 24, 2011 hearing. The
Special Magistrate also reaffirmed that Respondents shall be assessed $410.59
in administrative costs for the January 27, 2011 hearing.
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.
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
2. 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
February 24, 2011
Page 4 of 4
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
if
Cog ffnforcement Officer
APPROVED:
aL �
.
Special MasteK Date Approved
