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VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
September 22, 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 folfowing cases were heard by the Special Master:
Status Hearinqs - None
Fine Assessment Hearinqs
1. Case Number: 2011-00112
Martin and June Kornilov
126 Magnolia Way
Tequesta, FL 33469
PCN: 60-42�0-25-45-000-0510
Legal Description: RIVERSIDE OAKS REPL LT 51
Chapter 78 Article IX Section 78-399; Irrigation
Chapter 30 Article 11 Section 30-33; Prohibited Conditions
Findings of fact were that the Respondents are the owners of the above-
described properly. The Respondents were not present at the hearing; however,
there was a finding that proper notice was given to the property owners of the
viofation and of the hearing. By the "Order Permitting Village Abatement" dated
August 28, 2011, the Special Magistrate ordered that the Vi(lage may
immediately abate the broken window on the property and may also later request
a'Fine assessment heat`ing on this matter in order to recover the costs of these
abatement activities. At the Fine Assessment Hearing on September 22, 2011,
Code Enforcement Officer Joe Petrick testified that the Vi{lage had abated the
broken window on the property and sought to recover the costs of the abatement
against the Respondents. By the "Order Finding Violation" dated August 28,
2011, the Special Magistrate ordered the Respondents to comply with the
remaining violations of Sections 78-399 and 30-33 of the Code of Ordinances of
the Village of Tequesta on or before September 19, 2011, or be subject to fine.
September 22, 2011
Page 2 of 12
Based upon the evidence and testimony presented at the hearing on September
22, 2011, the Special Magistrate found that the property remained in violation of
Sections 78-399 and 30-33.
Conclusions ofi law were the above-stated facts constitute a continuing violation
of Sections 78-399 and 30-33 of the Code of Ordinances of the Village of
Tequesta.
Special Magistrate Wagner ordered that a Fine of One Hundred and Fifty
($150.00) Dolfars is hereby assessed, at Fifty Dollars ($50.00) per day, for the
violations which have existed on the property beginning from September 20,
2011 through September 22, 2011, a period of three days; and the fine amount
shall continue to accrue at Fifty Dollars ($50.00) per day until compliance is
achieved. It further was ordered that Respondents shall be assessed $383.29 in
administrative costs for the September 22, 2011 hearing, which includes the cost
to abate the broken window. The Special Magistrate also reaffirmed that
Respondents shall be assessed $341.67 in administrative costs for the August
25, 2011 hearing.
Should Respondents violate the same Section of the Code again, Respondents
may be subject to a fine of up to five hundred do(lars ($500.00) per day for such
repeat violation. Additionally, the Code Inspe�tor 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 on1y.
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.
2. Case Number: 2011-00118
Jose Del Vecchio
236 River Drive
Tequesta, FL 33469
PCN: 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 the Respondent is the owner ot the above-described
property. The Respondent was not present at the hearing; however, there was a
, September 22, 2011
Page 3 of 12
finding that proper notice was given to the property owner of the violation and of
the hearing. By the "Order Permitting Continuing Village Abatement" dated
August 28, 2011, the Special Magistrate ordered that the Village may
immediately abate the prohibited pool conditions on the property and may also
later request a fine assessment hearing on this matter in order to recover the
costs of these abatement activities. At the Fine Assessment Hearing on
September 22, 2011, Code Enforcement Officer Joe Petrick testified that the
Village had abated the prohibited pool conditions on the property and sought to
recover the costs of the abatement against the Respondent.
Conclusions of law were that the above-stated facts constitute a violation of
Section 30-33 of the Code of Ordinances of the Vi{lage of Tequesta.
Special Magistrate Wagner ordered that Respondent shall be assessed $752.69
in administrative costs for the September 22, 2011 hearing, which includes the
cost to abate the prohibited pool conditions. The Special Magistrate also
reaffirmed that Respondent shall be assessed $304.67 in administrative costs for
the August 25, 2011 hearing.
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: 2010-00103
JMZ Properties
John Zuccarelli
1 Main Street #101 (Connor Moran Wellness Center)
Tequesta, FL 33469
PCN: 60-43-40-30-47-004-0000
Legal Description: TEQUESTA VILLAGE CENTER PAR 4
Chapter 14 Article VI Section 14-152; Building Permits
Chapter 14 Artic{e VI Se�tion 14-157; Double fee for jobs
started without a permit
Findings of fact were the Respondent is the owner of the above-described
property. The Respondent was represented at the hearing by Donna Kramer,
the properly manager for the property; there was a finding that proper notice was
. September 22, 2011
Page 4 of 12
given to the property owner of the violation and of the hearing. By the "Order
Finding Violation" dated April 30, 2011, the Special Magistrate ordered the
Respondent to comply with Sections 14-152 and 14-157 of the Code of
Ordinances of the Viilage of Tequesta on or before June 29, 2011. The Fine
Assessment Hearing was subsequently tabled on July 1, 2011 and again on
August 5, 2011. Based upon the evidence and testimony presented at the
hearing on September 22, 2011, the Special Magistrate found that the property
remains in violation of Sections 14-152 and 14-157.
Conclusions of law were the above-stated facts constitute a continuing violation
of Sections 14-152 and 14-157 ofi the Code of Ordinances of the Village of
Tequesta.
It was the Order of the Special Magistrate that a daily fine of One Hundred
($100.00) Dollars is hereby assessed. This fine of One Hundred ($100.00)
Dollars per day shall begin on September 23, 2011, and shall continue to accrue
until compliance is achieved. The Respondent also is assessed $348.67 for
administrative costs incurred by the Village prior to the September 22, 2011
hearing date. The Special Magistrate further reaffirmed that Respondent shall be
assessed $467.31 in administrative costs incurred by the Vil{age prior to the April
28, 2011 hearing date.
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) pec 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 Magistra#e 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.
Repeat Violation Hearinqs
4. Case Number: 2011-00129
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
, September 22, 2011
Page 5 of 12
Findings of fact were the Respondents are the owners of the above-described
property. The Respondents were represented at the hearing by their daughter
Julie Gray; there was a finding of proper notice. Code Enforcement Officer Joe
Petrick testified to the existence of the repeat violation. Ms. Gray and Ms. Gray's
neighbor Grace King also offered testimony regarding the alleged repeat
violation.
Conclusions of law were that based upon the evidence and testimony presented
at the hearing on September 22, 2011, the Special Magistrate found that the
circumstances surrounding the dispute did not support a finding of repeat
violation of Chapter 30 Article X Section 30-361 of the Code of Ordinances of the
Village of Tequesta.
It was the Order of the Special Magistrate that this case be dismissed.
5. Case Number: 2011-00145
Alice Stark
116 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3180
Legal Description: TEQUESTA LOT 318
Chapter 78 Article IX Section 78-644; R1-A Violation
Findings of fact were the Respondent is the owner of the above-described
property. The Respondent was not present at the hearing; however, there was a
finding of proper notice. Code Enforcement Officer Joe Petrick testified to, and
presented photographs of the existence of the repeat violation.
Conclusions of law were that based on the above-stated facts, Respondent is in
repeat violation of Chapter 78 Article IX Section 78-644 of the Code of
Ordinances of the Village of Tequesta.
It was the Order of the Special Magistrate that a Fine of One Thousand Five
Hundred Dollars ($1,500.00) is hereby assessed at Fifty Dollars ($50.00) per
day, for the repeat violation which existed on the property beginning August 22,
2011, through September 21, 2011, a period of thirty (30) days. Respondent
also is assessed the Village's administrative costs in the amount of $255.27.
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
� September 22, 2011
Page 6 of 12
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.
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.
Violation Hearinqs
6. Case Number: 2011-00147
Arthur Fritz
208 Fairway East
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-2280
Legal Description: TEQUESTA LOT 228
Chapter 30 Article II Section 30-33; Prohibited Conditions
Chapter 78 Article IX Section 78-585; Child Restraint Barrier
Findings of fact were that the Respondent is the owner of the above-described
property. The Respondent did not appear at the hearing; however, proper notice
was given to the property owner of the violation and of the hearing. Code
Enforcement Officer Joe Petrick further testified that he spoke with Suzanne
Fritz, Mr. Fritz's wife, regarding the violation on the property. Based upon
evidenee presented at the September 22, 2011 Special Magistrate Hearing, the
Special Magistrate finds that the property is in violation of Seetions 30-33 and 78-
585 of the Code of Ordinances of the Village of Tequesta and such violations
represent a serious threat to the health, safety and welfare of the Viliage
residents due to the pool being exposed with unobstructed access thereto and
due to an unsecured and dilapidated swing set.
Conclusions of law were the above-stated facts constitute a continuing violation
of Sections 30-33 and 78-585 of the Code of Ordinances of the Village of
Tequesta.
It was ordered by the Special Magistrate that the Village may immediately abate
the violation by taking reasonable actions to secure the pool to obstruct access
thereto and to remove the swing set pursuant to legislative authority granted to
the Village by Section 162.09, Florida Statutes. Such abatement will not create
any liability against the Village for any damages to the property as a result of
� September 22, 2011
Page 7 of 12
such good faith repairs or actions. The Viflage may also later request additional
fines in order to recover the costs of these abatement activities. The Respondent
was ordered to continue to comply with Sections 30-33 and 78-585of the Code of
Ordinances of the Village of Tequesta once abatement has been accomplished.
Respondent also was assessed the Village's administrative costs in the amount
of $258.27.
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.
7. Case Number: 2011-00123
Jan Goodman
220 Golf Club Circle
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-1880
Legal Description: TEQUESTA LOT 188
International Property Maintenance Code 303.2; Protective
Treatment
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were 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 September
22, 2011, based on testimony presented by code enforcement officers, the
property was not in compliance with Sections 303.2 and 30-33.
Conclusions of law were the above-stated facts constitute a violation of Sections
303.2 and 30-33 of the Code of Ordinances of the Village of Tequesta.
The Respondent was ordered to comply with Sections 303.2 and 30-33 of the
Code of Ordinances of the Village of Tequesta on or before October 17, 2011. If
the Respondent fails to achieve compliance on or before October 17, 2011, a
, September 22, 2011
Page 8 of 12
daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day the
violation continues to exist. Respondent also was assessed $263.73 for
administrative costs incurred by the Uillage prior to September 22, 2011.
Respondent was given notice to appear at the Fine Assessment Hearing which
will be held on the 20 day of October, 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 propetty into
compliance.
8. Case Number: 2011-00124
Dominick Carboni
224 Golf Club Circle
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-1870
Legal Description: TEQUESTA LOT 187
International Property Maintenance Code 303.2; Protective
Treatment
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were the Respondents were represented at the hearing by
Dominick J. Carboni, Jr.; 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 September 22, 2011, based on testimony presented by
code enforcement officers, the property was not in compliance with Sections
303.2 and 30-33.
Conclusions of law were the above-stated facts constitute a violation of Sections
303.2 and 30-33 of the Code of Ordinances of the Village of Tequesta.
The Respondents were ordered by the Special Master to comply with Sections
303.2 and 30-33 of the Code of Ordinances of the Village of Tequesta on or
before October 17, 2011. If the Respondents fail to achieve compliance on or
before October 17, 2011, a daily Fine of Fifty Dollars ($50.00) per day may be
imposed for each day the violation continues to exist.
Respondents also were assessed $263.73 for administrative costs incurred by
the Village prior to September 22, 2011.
Respondent was given notice to appear at the Fine Assessment Hearing which
will be held on the 20 day of October, 2011 at 10:00 a.m. at Village Hall, Council
. September 22, 2011
Page 9 of 12
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that you have timely brought your pcoperty into
compliance.
9. Case Number: 2011-00034
CT Corporation System
DDR Retail Real Estate LTD
Daniel Aguirre
105 US Highway 1(Tequesta Shoppes)
Tequesta, FL 33469
PCN: 60-43-40-30-00-003-0050
Legai Description: 30-40-43, WLY 692.40 FT OF GOVLT 3
LYG E OF & ADJ TO SR 5(LESS N 200 FT, PB61 P32 &
PB65P103) & LY 121.76 FT OF ELY
Infiernational Property Maintenance Codes:
102; Maintenance
301; General
302; Exterior Property Areas
303; Exterior Structure
304; Interior Structure
305: Rubbish and Garbage
504; Plumbing Systems and Fixtures
505; Plumbing Supply
506; Sanitary Drainage System
507; Storm Drainage
603; Mechanical Equipment
605; Electrical Equipment
Village of Tequesta Codes:
Chapter 30 Article II Section 30-33; Prohibited Conditions
Chapter 78 Article VIII Section 78-299; Satellite Television
Rntennae Systems and Structures
Chapter 78 Article VIII Section 78-300; Location and
Screening of Dumpsters
Chapter 78 Article X Section 78-700; Drainage and
Maintenance of Off Street Parking Areas
Chapter 78 Article X Section 78-701; Marking and Lighting of
Parking Areas
Chapter 78 Article Xt Section 78-745; Prohibitions in Afl
Zoning Categories
Findings of fact were the Respondent was represented at the hearing by Daniel
Aguirre, the property manager for the property; there was a finding of proper
notice. Code Enforcement Officer Joe Petrick provided testimony and evidence
• � September 22, 2011
Page 10 of 12
of the violation, as contained in the Village's evidentiary case file which was
accepted into evidence. As of the hearing on September 22, 2011, based on
testimony presented by code enforcement officers, the property was not in
compliance with International Property Maintenance Code Sections 102, 301,
302, 303, 304, 305, 504, 505, 506, 507, 603 and 605 and Village of Tequesta
Code Sections 30-33, 78-299, 78-300, 78-700, 78-701 and 78-745.
Conclusions of law were the above-stated facts constitute a violation of
International Property Maintenance Code Sections 102, 301, 302, 303, 304, 305,
504, 505, 506, 507, 603 and 605 and Village of Tequesta Code Sections 30-33,
78-299, 78-300, 78-700, 78-701 and 78-745.
The Respondent and the Building Official for the Village of Tequesta were
ordered to meet within one (1) week from the date of this order to discuss the
violations on the property.
The Respondent was ordered to comply with Section 30-33 of the Code of
Ordinances of the Village of Tequesta on or before October 17, 2011.
Specifically, Respondent is ordered to apply for permits to install safety barriers
around the propane tanks on the property, install the barriers, and obtain final
inspection ofi the barriers on or before this date. Ifi the Respondent faifs to
achieve compliance with this item on or before October 17, 2011, a daily Fine of
Two Hundred and Fifty Dollars ($250.00) per day may be imposed for each day
the violation continues to exist. Please take notice that you must appear at the
Fine Assessment Hearing which will be held on the 20 day of October, 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 with this item.
With respect to the violations of International Property Maintenance Code
Sections 102, 301, 302, 303, 304, 305, 504, 505, 506, 507, 603 and 605, Village
of Tequesta Code Sections 78-299, 78-300, 78-700, 78-701 and 78-745, and the
remaining violations of Village of Tequesta Code Section 30-33, Respondent was
ordered to apply for all permits on or before October 17, 2011. Respondent shall
meet the requirements of the Building Officiaf for the Village of Tequesta with
respect to applying for these permits and with respect to all other issues
concerning the project. Respondent shall obtain a final inspe�tion on or before
February 20, 2012.
If Respondent fails to apply for all permits on or before October 17, 2011, a daily
Fine of Two Hundred and Fifty Dollars ($250.00) per day may be imposed for
each day the violation continues to exist. If Respondent fails to obtain final
inspe�tion by February 20, 2012, a daily Fine of Two Hundred and Fifty Dollars
($250.00) per day may be imposed for each day the violation continues to exist.
September 22, 2011
Page 11 of 12
Respondent was given notice to appear at the Fine Assessment Hearing which
will be held on the 20 day of October, 2011 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 If Respondent fails to
apply for permits by the required date. Respondent was further given notice to
appear at the Fine Assessment Hearing which will be held on the 23� day of
February, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469, if Respondent fails to obtain final inspection by
the required date. Respondent also was ordered to appear at a status
conference hearing to be held on the 8 day of December, 2011 at 10:00 a.m. at
Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, to
update the Special Magistrate on the progress of the project.
Foreclosure Authorizations - None
Fine Reduction Hearinqs - None
Fine Assessment Hearinqs - None
Minutes
Special Magistrate Wagner approved the minutes of the August 25, 2011
hearing.
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
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Betty Laur
Recording Secretary
ATTEST:
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C e Enfo�,e mer� - fficer : i;' ,
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APPROVEQ.' ;%
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Special aste� '" Date Approved
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