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HomeMy WebLinkAboutMinutes_Special Master_08/25/2011 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES August 25, 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 Hearinqs - None Fine Assessment Hearinqs - None 1. Case Number: 2011-000025 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Legal Description: Ridgewood Homes Lot 41 Chapter 14 Article IX Section 78-643; R-1 Violation This case was withdrawn. Repeat Violation Hearinqs 2. Case Number: 2010-00129 William and Lois Gray 63 Live Oak Circle Tequesta, FL 33469 PCN: 60-43-40-30-42-000-0720 Legal Description: TEQUESTA OAKS LOT 72 Chapter 30 Article X Section 30-361; Prohibited Noise Generally August 25, 2011 Page2of6 Findings of fact were that the Respondents were not present at the hearing; however, there was a finding of proper notice. Code Compliance Special Magistrate Wagner ordered that this matter be tabled until September 22, 201 �. Notice was given to Respondents that they must appear at the Repeat Violation Hearing which will be held on the 22" day of September, 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 have timely brought their properiy into compliance. Viofation Hearinqs 3. Case Number: 2011-00112 Martin and June Kornilov 126 Magnolia Way Tequesta, FL 33469 PCN: 60-42-40-25-45-000-0510 Legal Description: RIVERSIDE OAKS REPL. LT 51 Chapter 78 Article IX Seetion 78-399; Irrigation Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were that the Respondents did not appear at the hearing; however, there was a finding that proper notice was given. Based upon evidence presented at the August 25, 2011 Special Magistrate Hearing, the Special Magistrate finds that the property is in violation of Section 30-33 of the Code of Ordinances of the Viltage of Tequesta and such violation represents a serious threat to the health, safety and welfare of the Village residents due to the broken window causing the structure to be unsecured. Conclusion of iaw was the above-stated facts constitute a violation ofi Section 30- 33 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered that the Village may immediately abate the violation of Section 30-33 by taking reasonable actions concerning the broken window on the structure in order to alleviate the dangerous conditions that such issues may present to surrounding areas pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes; and furthermore, such abatement will not create any liability against the Village for any damages to the property as a result of such good faith repairs or actions. The Village may also August 25, 2011 Page3of6 later request a fine assessment hearing on this matter in order to recover the costs ofi these abatement activities by the Village. 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 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 pariy may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. 4. Case Number: 2011-00118 Jose Del Vecchio 236 River Drive Tequesta, FL 33469 PC N : 60-42-40-26-01-000-3960 Legal Description: TEQUESTA LT 396 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were that the Respondent did not appear at the hearing; however, there was a finding that proper notice was given. 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 August 25, 2011, based on testimony presented by the code enforcement officer, the property was not in compliance with Section 30-33 of the Code of Ordinances of the Viltage of Tequesta. Conclusion of law was the above-stated facts constitute a violation of Section 30-� 33 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered the Respondent to comply with Section 30- 33 of the Code of Ordinances of the Viltage of Tequesta on or before September 19, 2011. If the Respondent fails to achieve compliance on or before September 19, 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 $304.67 for administrative costs incurred by the Village prior to August 25, 2011. Notice was given to Respondent that he must appear at the Fine Assessment Hearing which will be held on the 22" day of September, 2011 at 10:00 a.m. at Village Hall, Counci! Chambers, 345 Tequesta Drive, Tequesta, F{orida 33469, unless the Code Enforcement Officer certifies that he had timely brought his property into compliance. August 25, 2011 Page 4 of 6 Should a dispute arise concerning compiiance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. ORDER PERMITTWG CONTINUING VILLAGE ABATEMENT The Respondent Jose Del Vecchio was not present at the hearing; however, there was a finding that proper notice was given. Based upon evidence presented at the August 25, 2011 Speciaf Magistrate Hearing, the Speciai Magistrate finds that the property is in violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta and such violation represents a serious threat to the health, safety and welfare of the Village residents due the pool not being properly maintained. Conclusion of law was the above-stated facts constitute a violation of Section 30- 33 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered that the Village may immediately abate the violation of Section 30-33 by taking reasonable actions concerning the maintenance of the pool in order to alleviate the dangerous conditions that such pool issues may present to surrounding areas pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes; and furthermore, such abatement will not create any liability against the Village for any damages to the property as a result of such good faith repairs or actions. Additionally, the Village may continue to abate the nuisance in the future whenever the pool maintenance issues again violate Village Code as documented in the code enforcement files for the property. The Village may also later request a fine assessment hearing on this matter in order to recover the costs of these abatement activities by the Village. 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 compfiance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. 5. Case Number: 2011-00119 Janet Alheit 37 Chapel Court , August 25, 2011 Page 5 of 6 Tequesta, FL 33469 PCN: 60-42-40-25-31-000-0170 Legal Description: CHAPEL COURT SEC 1 LT 17 Chapter 74 Article ll Section 74-107; Water Conservation and Regulation Penalties Findings of fact were that the Respondent did not appear at the hearing; however, there was a finding that proper notice was given. 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. Conclusion of law was the above-stated facts constitute a violation of Section 74- 107 of the Code of Ordinances of the Village of Tequesta, which subjects Respondent to the penalties set forth in that Section. Special Magistrate Wagner ordered that Respondent be assessed a penalty incurred as a result of the violation in the amount of Thirty Dollars ($30.00) in accordance with Section 74-107. It was the order of the Special Magistrate that the Respondent pay the required penalty amount within fifteen (15) days from the rendition of this order. Respondent also was assessed $100.00 for administrative costs incurred by the Village prior to August 25, 2011. 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. Foreclosure Authorizations - None Fine Reduction Hearinps - None Minutes Special Magistrate Walker approved the minutes of the July 28, 2011 hearing. Adiournment There being no furtMer cases, the meeting was adjourned. , . � . August 25, 2011 Page 6 of 6 Respectfully submitted, Betty Laur Recording Secretary ATf EST: �.--��` Code Enforcement O ' � APPROV,�b:,f�'� % �11 Special,A>1(aster � Date Approved , ; � /