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HomeMy WebLinkAboutOrders_Code Enforcement_04/10/2007 CODE ENFORCEMENT ORDER VILLAGE OF TEQUESTA ORDER FINDING VIOLATION VILLAGE OF TEQUESTA, Petitioner, Case No. 2006 -00124 V. VINCENT J. ARENA, III, Respondent. Re: Violation of Chap. 78, Art. IX, Sec. 78 -643, of the Code of Ordinances of the Village of Tequesta. Address: 463 TEQUESTA DRIVE Tequesta, Florida 33469 i Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 17 The Special Magistrate appointed by the Village of Tequesta to hear code enforcement cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 22 day of February, 2007, and based on the evidence and testimony presented, along with Briefs submitted by counsel for the Village of Tequesta and counsel for the Respondent, the following FINDINGS OF FACT AND ANALYSIS, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT AND ANALYSIS 1. Respondent was issued a Notice of Violation on January 19, 2007, for Violation of Section 78 -643, regarding R -1, R -2, and R -3 Districts. 2. The Notice of Violation indicated the manner to comply was to "remove or properly screen boats to ordinance." The Notice of Violation gave Respondent five (5) days to comply. 3. A Notice of Hearing was issued on January 31, 2007, for continued • violation of Section 78 -643 of the Code of Ordinances. The Notice of Hearing indicated the manner to comply was to "remove or properly screen boats to ordinance." Page 1 of 4 • 4. The Respondent, VINCENT J. ARENA, III, was present at the hearing and represented by Attorney Thomas Ryan. 5. There was a finding of proper notice. 6. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation and copies of the ordinance. The Code Officer also produced other documentary evidence. 7. The Respondent, by and through his counsel, introduced evidence of prior public meetings discussing issues with boats and other documentary evidence. 8. Section 78- 643(2) of the Village of Tequesta Code of Ordinance provides that boats on trailers shall be parked in the "rear yard" or in the "side yard" to the rear of a line established by the front building line adjacent to the "side yard" where the equipment is located; provided, however, that such equipment is effectively screened on three sides against direct view from abutting properties. Subsection (8 )provides that the boats on trailers may not be parked in the area between the street lot line and the structure or in the right -of -way in front of the structure. 9. The subject property is a corner lot. As defined by Section 78 -4, a • corner lot is a lot abutting two or more streets at their intersection. The subject property abuts Tequesta Drive and Dover Road at their intersection. 10. Section 78- 643(2) provides that boats on trailers must be parked in the rear yard or in the side yard to the rear of a line established by the front building line adjacent to the side yard where the equipment is located. Subsection (2) further provides that the equipment must be effectively screened on three sides against direct view from abutting properties. 11. The "rear yard" is defined in Section 78 -4 as the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building. 12. The "side yard" is defined in Section 78 -4 as the open space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. 13. If one were only to consider Section 78- 643(2), the ordinance provides that the equipment at issue could be parked in either the rear or the side yard, so long as the equipment were effectively screened on three sides. By excluding the only other type of yard from the permissible parking areas, a front yard, it is equally clear that the equipment could not be parked in a front yard. Page 2 of 4 • 14. The parties debated whether the area where the subject equipment is parked is to be considered a "side yard" or a "front yard ", based upon the property's status as a corner lot, and presented argument by counsel on the issue. Because the remaining prohibitions in section 78 -643 specifically address the alleged violation, I need not reach the issue of whether the equipment is parked in a side or front yard. 15. All parts of a statute must be read together in order to achieve a consistent whole. Borden v. East - European Ins. Co. 921 So. 2d 587 (Fla. 2006). The same rules of construction for state statutes apply in construction of local ordinances. Powell v. City of Delray Beach 711 So. 2d 1307 (Fla. 4 DCA 1998). 16. The undisputed facts presented show that the subject equipment is parked on the West side of the property between Dover Road and the structure. 17. Section 78- 643(8) provides that such equipment cannot be parked "in the area between the street lot line and the structure or in the right -of -way in front of the structure ". An ordinance should be given its plain and obvious meaning. Powell 711 So. 2d 1307 (Fla. 4t' DCA 1998). 18. The street line is defined in Section 78 -4 as "the line between the street and abutting property, also referred to as right -of -way line." A "lot line, street" is defined as the street line separating such lot from such street and, in the case of a double frontage lot, • each street line separating such lot from a street shall be considered to be the front lot line." In the instant case, the relevant street lot line is the line between Mr. Arena's property and Dover Road. For the purposes of this analysis, it is irrelevant whether the street lot line between the subject property and Dover Road is considered a front lot line or a side lot line. 19. Based upon the limitations of Section 78- 643(8), a property owner is not permitted to park the equipment between the street lot line and the structure, regardless of whether the area between the structure is considered a front yard or a side yard. 20. The photographs and undisputed testimony clearly demonstrate that the subject equipment was parked between the house and Dover Road in violation of Section 78- 643(8). 21. Notably, Section 78 -643 does not contain any alternative screening requirements for equipment parked in such a manner as it is strictly prohibited by Subsection (8). CONCLUSIONS OF LAW Respondent, VINCENT J. ARENA, III, is in violation of Chap. 78, Art. IX, Sec. 78 -643, of the Code of Ordinances of the Village of Tequesta. • Page 3 of 4 ORDER It is the Order of the Code Enforcement Special Magistrate that Respondent, VINCENT J. ARENA, IlI, shall comply with Chap. 78, Art. IX, Sec. 78 -643, of the Code of Ordinances of the Village of Tequesta by the 20 day of April, 2007. If Respondent does not comply within the time specified, Respondent shall be assessed a fine of up to two - hundred - fifty- dollars ($250.00) per day until the property is in full compliance. A Fine Assessment Hearing will be held before the Special Magistrate on the 24 day of May, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed one - hundred- fifty- eight - dollars and seventy- eight -cents ($158.78) for administrative costs to be paid by the 20 day of April, 2007. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to five- hundred - dollars ($500.00) per day may be imposed beginning on the date the violation begins. 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 of the original • amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondent to notify the Village of Tequesta Code Enforcement Clerk at (561) 575 -3826 to request a reinspection of the property. DONE AND ORDERED this 10 day of April, 2007. VILLAGE OF TEQUESTA COD NFORCEMENT i BY: Special Magistrate • Page 4 of 4