HomeMy WebLinkAboutMinutes_Special Master_05/24/2007 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
May 24, 2007
PRESENT: Special Master Lara Donlon; Code Enforcement Officer Joe Petrick, and
Recording Secretary Betty Laur
The hearing was called to order at 10 :02 A.M.
Code Enforcement Special Master Donlon approved the minutes of the April 19, 2007
Special Master Hearing as submitted.
The following cases were heard by the Special Master:
Case No. 2007 -00042 Michael Vassallo
Location of Violation: 100 Waterway Rd #307 -
E, Tequesta, Florida 33469
Ordinance Description: Fine Assessment
Hearing Chapter 14, Art. IV, Sec. 14 -155
PCN # 60- 43- 40- 30 -15- 005 -3070
The Respondent, Michael Vassallo, was present at the hearing, along with his attorney
James Durkin. The Tequesta Code Enforcement Officer requested the case be
withdrawn. The Respondent did not object.
The Special Master ordered that Case 2007 -00042 regarding 100 Waterway Road,
#307 E, is hereby dismissed without prejudice.
Case No. 2007 -00031 Tim Wonders
Location of Violation: 3 Willow Road
Tequesta, Florida 33469
Ordinance Description: Irrigation
Chap: 78, Art. X, Sec. 78 -399
• PCN # 60- 42- 40- 25 -09- 000 -0600
Special Master Hearing
• May 24, 2007
Page 2
The respondent, Tim Wonders, was present at the hearing and there was a finding of
proper notice. The Tequesta Code Enforcement Officer testified to and produced
photographs of the violation, along with CAD reports.
Conclusion of law was that Respondent, Tim Wonders, is in violation of Sections 78-
399, 78 -693, and 78 -643 of the Code of Ordinances of the Village of Tequesta.
The Special Master ordered that Respondent Tim Wonders shall comply with Sections
78 -693 and 78 -643 of the Code of Ordinances of the Village of Tequesta by the 23rd
day of July, 2007. If Respondent does not comply within the time specified,
Respondent shall be assessed a fine of up to $250.00 per day until the property is in full
compliance.
A Fine Assessment Hearing will be held before the Special Master on the 26 day of
July, 2007, at 10 :00 a.m. at the Village of Tequesta, Code Compliance Division, 345
Tequesta Drive, Tequesta, Florida.
Respondent shall be assessed $237.07 for administrative costs to be paid by the 3rd
day of June, 2007.
Future violations of the aforementioned code sections may be considered a repeat
violation for which a fine of up to $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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2007 -105 Robert Gibson
Location of Violation: 5 Bayview Court
Tequesta, Florida 33469
Ordinance Description: R1 -A Parking
Chap. 78, Art. IX, Sec. 78 -644
PCN # 60- 42- 40- 25 -35- 000 -0020
The respondent, Robert Gibson, was present at the hearing and there was a finding of
proper notice. The Tequesta Code Enforcement Officer testified to and produced CAD
reports of the violation. Respondent testified and produced photos at the hearing.
•
Special Master Hearing
• May 24, 2007
Page 3
Conclusion of law was that Respondent, Robert Gibson, is in violation of Section 78 -644
of the Code of Ordinances of the Village of Tequesta.
The Special Master ordered that Respondent Robert Gibson shall comply with Section
78 -644 of the Code of Ordinances of the Village of Tequesta by the 31 st day of May,
2007. If Respondent does not comply within the time specified, Respondent shall be
assessed a fine of up to $250.00 per day until the property is in full compliance.
A Fine Assessment Hearing will be held before the Special Master on the 28th day of
June, 2007, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345
Tequesta Drive, Tequesta, Florida.
Respondent shall be assessed $150.50 for administrative costs to be paid by the 3rd
day of June, 2007.
Future violations of the aforementioned code sections may be considered a repeat
violation for which a fine of up to $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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2207 -00062 County Line Plaza Management
716 U.S. Highway One
Tequesta, Florida 33469
Ordinance Description: Prohibited Conditions
Chap. 30, Art. II, Sec. 30 -33
PCN # 60- 43-40- 30000 -10080
The respondent, County Line Plaza Management, was represented at the hearing by
Don Campbell, V. P. Operations, and there was a finding of proper notice. The
Tequesta Code Enforcement Officer testified to and produced photographs of the
violation.
Conclusion of law was that Respondent, County Line Plaza Management, is in violation
of Section 30 -033 of the Code of Ordinances of the Village of Tequesta.
• The Special Master ordered that Respondent County Line Plaza Management shall
comply with Section 30 -033 of the Code of Ordinances of the Village of Tequesta by the
Special Master Hearing
• May 24, 2007
Page 4
22nd day of August, 2007. If Respondent does not comply within the time specified,
Respondent shall be assessed a fine of up to $250.00 per day until the property is in full
compliance.
A Status Hearing will be held before the Special Master on the 26 day of July, 2007, at
10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive,
Tequesta, Florida.
A Fine Assessment Hearing will be held before the Special Master on the 23rd day of
August, 2007, at 10:00 a.m. at the Village of Tequesta, Code Compliance Division, 345
Tequesta Drive, Tequesta, Florida.
Respondent shall be assessed $309.78 for administrative costs to be paid by the 3rd
day of June, 2007.
Future violations of the aforementioned code sections may be considered a repeat
violation for which a fine of up to $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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2006 -00124 Vincent J. Arena, III
Location of Violation: 463 Tequesta Drive
Tequesta, Florida 33469
Ordinance Description: Fine Assessment
Chap. 78, Art. IX, Sec. 78 -643
PCN # 60- 42- 40- 25 -06- 017 -0010
The respondent, Vincent J. Arena, III, was present at the hearing and there was a
finding of proper notice. The Tequesta Code Enforcement Officer testified to and
produced photographs of the ongoing violation. Mr. Von Frank and Ms. Genco also
testified on behalf of the Respondent.
Conclusion of law was that Respondent, Vincent J. Arena, III, remains in violation of
Section 78 -643 of the Code of Ordinances of the Village of Tequesta.
• The Special Master ordered that Respondent, Vincent J. Arena, III, shall immediately
comply with Section 78 -643, of the Code of Ordinances of the Village of Tequesta.
• Special Master Hearing
May 24, 2007
Page 5
A fine of $250.00 per day is hereby assessed for the violation that has existed. The fine
is imposed beginning May 24, 2007 and will continue to accrue at $250.00 per day for
each day the violation continues to exist.
Respondent shall be assessed $473.78 for administrative costs to be paid immediately.
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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2007 -00071 Robert Miller
Location of Violation: 80 Willow Road
Tequesta, Florida 33469
Ordinance Description: Fine Assessment
Hearing
Chap. 10, Art. I, Sec. 10 -8
PCN # 60- 43- 40- 30 -06- 000 -0760
• The respondent, Robert Miller, was not present at the hearing; however, there was a
finding of proper notice. The Tequesta Code Enforcement Officer produced
photographs and testified that the property was brought into compliance on May 22,
2007. The Village did not request a fine or administrative costs.
Conclusion of law was that Respondent, Robert Miller, was but is no longer in violation
of Section 10 -8 of the Code of Ordinances of the Village of Tequesta.
The Special Master ordered that Respondent Robert Miller shall continue to comply with
Section 10 -8 of the Code of Ordinances of the Village of Tequesta.
Future violations of the aforementioned code sections may be considered a repeat
violation for which a fine of up to $500.00 per day may be imposed beginning on the
date the violation begins.
Case No. 2007 -00077 Peter Einhorn
Location of Violation: 159 Gulfstream Drive
Tequesta, Florida 33469
Ordinance Description: R1 -A Parking
Chap. 78, Art. IX, Sec. 78 -643
• PCN # 60- 42- 40- 25 -12- 004 -0140
• Special Master Hearing
May 24, 2007
Page 6
The respondent, Peter Einhorn, was not present at the hearing; however, there was a
finding of proper notice. The Tequesta Code Enforcement Officer produced
photographs and CAD reports of the violation, and testified that the property was
brought into compliance on May 22, 2007.
Conclusion of law was that Respondent, Peter Einhorn, was but is no longer in violation
of Section 78 -643 of the Code of Ordinances of the Village of Tequesta.
The Special Master ordered that Respondent Peter Einhorn shall continue to comply
with Section 78 -643 of the Code of Ordinances of the Village of Tequesta.
Respondent shall be assessed $220.50 for administrative costs to be paid by the 3rd
day of June, 2007.
Future violations of the aforementioned code sections may be considered a repeat
violation for which a fine of up to $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 Chapter162, Florida Statutes, for the
original amount.
Case No. 2007 -00097 Louis & Stacy Rivera
Location of Violation: 165 Magnolia Way
Tequesta, Florida 33469
Ordinance Description: Building Permits
Chap. 14, Art. VI, Sec. 14 -152
PCN # 60- 42- 40- 25 -45- 000 -0310
This case was withdrawn by the Village.
Case No. 2007 -00048 Traviano Cigar Company
365 Cypress Drive
Tequesta, Florida 33469
Ordinance Description: No Business License
(Tax)
Chap. 70, Art. II, Sec. 70 -43
PCN # 60- 43- 40- 30 -03- 002 -0070
• Special Master Hearing
May 24, 2007
Page 7
The respondent, Traviano Cigar Company, was not present at the hearing; however,
there was a finding of proper notice. The Tequesta Code Enforcement Officer testified
to the violation and produced a Business Tax Report. The Code Officer also testified
that the Respondent complied on April 6, 2007.
Conclusion of law was that Respondent, Traviano Cigar Company, was but is no longer
in violation of Section 70 -43 of the Code of Ordinances of the Village of Tequesta.
The Special Master ordered that Respondent Traviano Cigar Company, shall continue
to comply with Section 70 -43 of the Code of Ordinances of the Village of Tequesta.
Respondent shall be assessed $125.50 for administrative costs to be paid by the 3rd
day of June, 2007.
Future violations of the aforementioned code sections may be considered a repeat
violation for which a fine of up to $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 Chapter162, Florida Statutes, for the
original amount.
Adjournment
There being no further cases, the meeting was adjourned at 11:50 a.m.
Respectfully submitted,
n
j ,.
Betty Laur
Recording Secretary
ATTEST:
Special Master Hearing
May 24, 2007
Page 8
Code Enforcement Officer
APP
Special Master Date Approved