HomeMy WebLinkAboutMinutes_Special Master_03/24/2011 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
March 24, 2011
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe
Petrick, and 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.
The following cases were heard by the Special Master:
Status Hearings - None
Repeat Violation Hearings - None
Fine Assessment Hearings - None
Violation Hearings
1. Case Number: 2011- 000045
Jon Schmidt
123 Point Circle
Tequesta, FL 33469
PCN: 60- 42- 40- 26 -01- 000 -0341
Legal Description: TEQUESTA COUNTRY CLUB LT 34
Chapter 78 Article IX Section 78 -644
R 1 -A Violation
This case was withdrawn.
2. Case Number: 2011 -00012
Soraia Marins
121 Magnolia Way
March 24, 2011
Page 2 of 5
Tequesta, FL 33469
P C N : 60- 42- 40 -25 -45 -000 -0100
Legal Description: RIVERSIDE OAKS REPL LT 10
Chapter 10 Article I Section 10 -8
Animals Creating a Nuisance
Findings of Fact were the Respondent is the owner for the above - described
property. The Respondent was present at the hearing; 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. As of the hearing on March 24, 2011, based on
testimony presented by Code Enforcement Officer Joe Petrick, the property was
in compliance with Section 10 -8, but had not achieved compliance within the time
specified in the Notice of Violation.
Conclusions of law were the above - stated facts constitute a violation of Section
10 -8 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered the Respondent to continue to comply with
Section 10 -8 of the Code of Ordinances of the Village of Tequesta.
Should Respondent violate the same Section of the Code again, Respondent
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: 2011 -00043
Helena Wang
383 Norfolk Ave
Tequesta, FL 33469
PC N : 60-42-40-25-06-018-0080
Legal Description: JUPITER IN THE PINES SEC B LT 8
BLK 18
Chapter 30 Article X Section 30 -361
Prohibited Noise Generally
Chapter 30 Article II Section 30 -33
Prohibited Conditions
March 24, 2011
Page 3 of 5
Chapter 78 Article X Section 78 -693
Paving of Parking Spaces; Obstructions in Parking Area
Chapter 78 Article IX Section 78 -399
Irrigation
International Property Maintenance Code 301.2
General Requirements
Findings of fact were the Respondent was not present at the hearing; however,
there was a finding of proper notice. Code Enforcement Officer Joe Petrick
provided testimony and evidence of the violations, as contained in the Village's
evidentiary case file which was accepted into evidence. As of the hearing on
March 24, 2011, based on testimony presented by the code enforcement officer,
the property was not in compliance with Section 30 -33, Section 78 -693, Section
78 -399 and International Property Maintenance Code 301.2 of the Code of
Ordinances of the Village of Tequesta.
Conclusions of law were that the above - stated facts constitute a violation of
Section 30 -33, Section 78 -693, Section 78 -399 and International Property
Maintenance Code 301.2 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered the Respondent to comply with Section 30-
33, Section 78 -693, Section 78 -399 and International Property Maintenance
Code 301.2 of the Code of Ordinances of the Village of Tequesta on or before
April 20, 2011. If the Respondent fails to achieve compliance on or before April
20, 2011, a daily fine of One Hundred Dollars ($100.00) per day may be imposed
for each day the violation continues to exist.
Respondent also was assessed $319.21 for administrative costs incurred by the
Village prior to March 24, 2011.
Notice was given to Respondent to appear at the Fine Assessment Hearing
which will be held on the 21 day of April, 2011 at 10:00 a.m. at Village Hall,
Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the
Code Enforcement Officer certifies that you have timely brought your property
into compliance.
Should Respondent violate the same Section of the Code again, Respondent
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.
March 24, 2011
Page 4 of 5
Should a dispute arise concerning compliance, either party may request a
hearing before the Code Enforcement Special Magistrate on the issue of
compliance only.
Foreclosure Authorizations - None
Fine Reduction Hearings - None
Approval of Minutes
Special Master Wagner approved the minutes of the February 24, 2011 hearing
as submitted.
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
Betty L u r 67�CZ-e,�
Recording Secretary
ATTEST:
C e Enforcement Offic r
APPROVE
Special Mas r Date Approved