HomeMy WebLinkAboutMinutes_Special Master_07/22/2010 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
July 22, 2010
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, Village
Attorney Keith Davis
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by
Special Magistrate Kevin Wagner.
STATUS HEARINGS - None
REPEAT VIOLATION HEARINGS
1. Case Number: 2010 -00068
Jonathan Dennis and Leslie Stockton
39 Willow Road
Tequesta, FL 33469
PC N : 60- 43- 40- 30 -09- 000 -1120
Legal Description: Ridgewood Homes Sec 4 Lt 112
Chapter 78 Article IX Section 78 -643; R1, R -2 and R -3 Districts.
Findings of fact were that Respondents were not present at the hearing: however, there
was a finding of proper notice of the repeat violation and the hearing. 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. Based on the 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. 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.
Conclusions of law were that based on the above - stated facts, Respondents were in
violation of Chapter 78 -643 of the Code of Ordinances of the Village of Tequesta on July 1,
2010.
The Special Magistrate ordered that 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
was assessed for this repeat violation in the amount of $50.00. Respondents were also
assessed the Village's administrative costs in the amount of $199.63.
Special Master Hearing
July 22, 2010
Page 2 of 5
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.
2. Case Number: 2010 -00062
Brian Tobin
266 Country Club Drive
Tequesta, Fl 33469
PCN: 60- 42- 40- 26 -01- 000 -1620
Legal Description: TEQUESTA LT 162
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Findings of fact were that the Respondent, Brian Tobin, was not present at the hearing;
however there was a finding of proper notice. The Respondent was out of state and had
requested a continuance in this matter. The Village had no objection to continuing this
case to the August 26, 2010 agenda.
Special Magistrate Wagner ordered that this matter is continued to the August 26, 2010
agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469. This is the second continuance of this matter, and no
further continuances shall be granted.
FINE ASSESSMENT HEARINGS
3. Case Number: 2009 -00049
Astrol Hospitality Inc.
Hassan Ghalam
400 Beach Road
Tequesta, FL 33469
Legal Description: TEQUESTA TOWERS CONDOMINIUM
APPARTMENTS OR BOOK 2239 PAGE 382
Chapter 14 Article VI Section 14 -152; Building Permits
Findings of fact were that the Respondent, Astrol Hospitality Inc., was not present at the
hearing; however there was a finding of proper notice. The Respondent had obtained the
necessary permits, but required additional time to complete the work. As such, the parties
had agreed to continue this matter to the August 26, 2010 agenda.
Special Master Hearing
July 22, 2010
Page 3 of 5
Special Magistrate Wagner ordered that this matter is continued to the August 26, 2010
agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469.
4. Case Number: 2010 -00036
Royal Tequesta LLC
Donald Allison
734 -746 US HWY 1
Tequesta, FL 33469
PCN: 60- 43- 40- 30 -00- 001 -0170 and 60- 43- 40- 30 -00- 001 -0120
Legal Description: 30- 40 -43, N 200 FT OF S 650 FT OF GOV
LT 1 LYG W OF SR 5 & ADDL RAN and30- 40-43, N 150 FT
OF S 800 FT OF GOV LT 1 W OF SR 5 & ADDL RM (LESS
TR IN OR950P192)
Chapter 30 Article II Section 30 -33; Prohibited Conditions
Findings of fact were that the Respondent was not present at the hearing, however there
was a finding of proper notice. The Village was in the process of abating the health,
safety and welfare violations and required additional time to complete said abatement.
Special Magistrate Wagner ordered that this matter is continued to the August 26, 2010
agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469.
5. Case Number: 2010 -00065
Edward and Susan Dematteis
2 Pine Hill Trail West
Tequesta, FL 33469
PCN: 60- 42- 40- 25 -25- 000 -2020
Legal Description: TEQUESTA PINES LOT 22
Chapter 10 Article I Section 10 -8; Animals creating a nuisance
Findings of fact were that the Respondents are the owners for the above - described
property. The Respondents were 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. The Complainant, Alan Jaggerd, testified in accordance with the witness
statements that he had previously filed as contained in the evidentiary case file. Mr.
Jaggerd also testified that there have been no incidents with Respondents' dog since the
Special Master Hearing
July 22, 2010
Page 4 of 5
notice of hearing was issued. The notice of hearing was served on June 29, 2010.
Respondents Edward and Susan Dematteis testified in accordance with the several pieces
of correspondence they had submitted as contained in the evidentiary case file, and
disputed that a violation had occurred.
Conclusions of law were that the above - stated facts constituted a single violation of
Chapter 10, Article I Section 10 -8, of the Code of Ordinances of the Village of Tequesta,
which occurred prior to June 29, 2010.
Special Magistrate Wagner ordered that Respondents were, but no longer are, in violation
of Chapter 10 Article I Section 10 -8, of the Code of Ordinances of the Village of Tequesta,
and said violation was irreparable and irreversible in nature. Respondents were ordered to
continue to comply with Chapter 10 Article I Section 10 -8, of the Code of Ordinances of the
Village of Tequesta, and to cease and desist any further violations of same. A fine of
$50.00 was assessed for the violation that occurred.
Respondents were also assessed $50.00 for administrative costs incurred by the Village
prior to June 29, 2010.
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 Officer 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.
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.
FORCLOSURE AUTHORIZATIONS - None
FINE REDUCTION HEARINGS - None
The minutes of the June 24, 2010 Special Master Hearing were approved by the Special
Master.
Adiournment
There being no further cases, the meeting was adjourned.
Special Master Hearing
July 22, 2010
Page 5 of 5
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
Co Enforcement Officer
APPROVED:.-
Special Master ' Date Approved
F