HomeMy WebLinkAboutMinutes_Special Master_05/26/2011 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
May 26, 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
Fine Assessment Hearings
1. Case Number: 2011 -00025
Susan Anderson
3 Pine Tree Circle
Tequesta, FL 33469
PCN: 60- 42- 40 -25 -09 -000 -0410
Legal Description: RIDGEWOOD HOMES LOT 41
Chapter 14 Article IX Section 78 -643; R1 Violation
Findings of fact were that the Respondent was represented at the hearing; and
there was a finding of proper notice.
Special Magistrate Wagner ordered that this matter be tabled until July 28, 2011
and that Respondent appear at the Fine Assessment Hearing which will be held
on the 28 day of July, 2011 at 10:00 a.m. at Village Hall, Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement
Officer certifies that Respondent has timely brought her property into compliance.
Repeat Violation Hearings - None
Violation Hearings
May 26, 2011
Page 2of5
2. Case Number: 2011 -00074
Ernesto Deleon
141 Chapel Lane
Tequesta, FL 33469
PCN : 60- 42- 40- 25 -36- 000 -0230
Legal Description: CHAPEL COURT SEC 3 LT 23
Chapter 14 Article VI Section 14 -152; Building Permits
This case was withdrawn.
3. Case Number: 2011 -00060
Stephen Walker
315 River Drive
Tequesta, Fl 33469
PCN: 60- 42- 40- 26 -01- 000 -0800
Legal Description: TEQUESTA LT 80
Chapter 10 Article I Section 10 -8; Animals Creating a Nuisance
Findings of fact were that the Respondent was not present at the hearing;
however, there was a finding of proper notice.
Code Compliance Special Magistrate that this matter be tabled until June 30,
2011. Notice was given to Respondent to appear at the Violation Hearing which
will be held on the 30 day of June, 2011 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that Respondent has timely brought his property
into compliance.
4. Case Number: 2011 -00056
Brian Tobin
266 Country Club Drive
Tequesta, FL 33469
PCN : 60- 42- 40 -26 -01 -000 -1620
Legal Description: TEQUESTA LT 162
Chapter 14 Article VI Section 14 -152; Building Permits
May 26, 2011
Page 3 of 5
Findings of fact were that 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 May 26, 2011, based on testimony presented by the code
enforcement officer, the property was not in compliance with Section 14 -152 of
the Code of Ordinances of the Village of Tequesta.
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 the Respondent to comply with Section 14-
152 of the Code of Ordinances of the Village of Tequesta on or before June 29,
2011. If the Respondent fails to achieve compliance on or before June 29, 2011,
a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day the
violation continues to exist.
Respondent also was assessed $317.85 for administrative costs incurred by the
Village prior to May 26, 2011.
Respondent was given notice to appear at the Fine Assessment Hearing which
will be held on the 30 day of June, 2011 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that he has timely brought your property into
compliance.
Should a dispute arise concerning compliance, either party may request a
hearing before the Code Enforcement Special Magistrate on the issue of
compliance only.
5. Case Number: 2011 -00077
Bogland Taverns Inc.
Frank Gillespie and Brendan Grace
187 Tequesta Drive
Tequesta, FL 33469
PCN: 60- 43- 40- 30-42- 002 -0000
Legal Description: TEQUESTA OAKS TR B
Chapter 78 Article XI Section 78 -744; Unsafe, Unlawful or
Nonconforming Signs
Findings of fact were that the Respondent was not present at the hearing;
however, there was a finding of proper notice. Code Enforcement Officer Joe
May 26, 2011
Page 4 of 5
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 May 26, 2011, based on testimony presented by the code
enforcement officer, the property was not in compliance with Section 78 -744 of
the Code of Ordinances of the Village of Tequesta.
Conclusions of law were that the above - stated facts constitute a violation of
Section 78 -744 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered the Respondent to comply with Section 14-
152 of the Code of Ordinances of the Village of Tequesta on or before June 29,
2011. If the Respondent fails to achieve compliance on or before June 29, 2011,
a daily Fine of $100.00 per day may be imposed for each day the violation
continues to exist.
Respondent also was assessed $303.81 for administrative costs incurred by the
Village prior to May 26, 2011.
Respondent was given notice to appear at the Fine Assessment Hearing which
will be held on the 30 day of June, 2011 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that they had timely brought their property into
compliance.
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
Adjournment
There being no further cases, the meeting was adjourned.
May 26, 2011
Page 5 of 5
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
Cody Enforcement Officer
APPROVED: Y
Special Master Date Approved