HomeMy WebLinkAboutMinutes_Special Master_10/20/2011 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
October 20, 2011
PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe
Petrick, and ViAage Attorney Jennifer Gardner Rsh#on.
The hearing was called to order at 1Q:00 A.M. The Pledge of Allegiance vuas led
try Spectal Magistrate KeWin Wagn�r.
The following cases were heard by the Special Master:
Stat�s `Hearinqs - None
. Fine Assessment Hearinqs
1. Case Number: 2011-00147
Arth�r Fritz
. 208 Fairw�y Easf
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-2280
Lega! Description: TEQUESTA LOT 228
Ghapter 30 Articte If Section 30-33; Prohibited Canditians
Chapter 78 Article IX Section 78-585; Child Restraint Barrier
Findings af Fatt w�;re that Respondent was nat present a# the hearing; ho�n►ever, �
there was a finding #ha# proper notice was given. tn the September 26, 201 ��
"Order Finding Viola#ior� and 1'ermitting Village Abatemen#," #he Special
Magistrate found health, safety and welfa�e violations of S�ctions 30-33 and 78-
585 and permitted VEIlage abatemer�t af these viQtatians. Based upan the
evidence, p��tures and testimony presented at the Mear�ng on Octaber 20, 2411,
the Special Magistra#e found #ha# the Village had aba#ed #he nuisance conditions
and #hat the property was now in compiianc{e with Sec#ions 30-33 and 78-585.
actober 20, 2011
Page 2 of 9
Conclusions of law were that the above-stated facts ailow a fine to be assessed
against the property based upon the ViAage's abatemen# of the violations of
Sections 30-33 and 78-585 of �#�e Code o# Ord�r�ances of #he Village o# Teq�aesta.
The Special Magistra#e ordered tha# administrative eosts in the amount of
$496.71 be assessed against the property in order to r�;cover the cost� of
abatement taken by the Viltage as wett as additiQnal admini�trative cca�ts incucred
by the Vifiage prior to the October 20, 2011 he�ring. Respondent #�rther was
assessed previous ad�ini�#ra#ive �os#s �# $258.27 incurred by #he Village prior #fl
the Sep#ember 22, 2411 hearing.
Should Re�pondent violate the same Section ef the Code again, Respondent
may be subje�t to a fine of up to five hundred dollars ($5QO.�U) per day far such
repeat violation. Additionalty, the Cade tnspector is not required to give a
reasonable time to correct the repea# violation an� the case may be presented to
the Special Magistrate eve� if the repeat viola#ion has been cvrrect�d prior to the
Speci�l Magis#r�te hearing.
A certified copy of this Order may be recorded in the Public Record� o# Palm
B�ach Gounty, Ftc�rida, and, onc� r�cord�ci, shaU ccinstitut� a li�n against the
property upon which the viol�tion e�its and upan any other reat or personal
proper#y owned by the Respondents, pursuant to Chap#er 162, Florida Statutes.
2. Case Number: 20't 1�0123
Jan Gaodman
220 Goif Club �ircle
Tequesta, Ft. 33469
PCN: 60-42-40-26-U1-000-1880
Legaf Description: TEQUESTA LOT 188
Internationat Property Maintenance Code 303.2; Proteefiive
Treatment
Ch�pter 30 Ar#icie li Section 3fl-33; Prohibited Condi#ions
Findings of fiac# were #he Responden# was pr�sent a# the hearing; an�i there was
a finding of proper notice. The Code Compliance Special Magistrate ordered #hat
this matter be tabled until December 8, 2011.
No#ice wa� �iven to R��pond�r�t sh�� mus# appsar a# the Fin+� Assessment
Hearing which will be heki on #he 8 day of Decer�ber, 2011 a# 9{3:00 a:m. at
Village Hall, Gt��ncil �hambers, �5 Teq�est� Urive, Teques#a, Florida �3�469,
unless the Code Enforcement Officer cert"rfies that she has time{y brought her
property in�o compfiance.
October 20, 2011
Page 3 of 9
3. Case Number: 2011-009 24
flominick Carboni
224 Golf Club Circle
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-1870
Legal Descrip#ion: TEQUESTA LOT 187
In#ernational Property Main#enance Code 303.2; Protective
Tre�tm�nt
Chapter 30 Article !I Section 30-33; Prohibited Conditions
This case complied and vrras pu!(ed from tn� ag�nda.
4. Case Number: 20'1'1-40434
�T Cr�rparaxaor� Sys�em
DDR Retail Real Estate LTD
Daniel Aguirre
105 US Highway 1(Tequesta Shoppes)
l"eq�es#a, FL 3��
PC�V: ffl-�#3-�fl-3fl-fl0-0�3-00�0
Legal Description; 30-40-43, WLY 692.40 FT OF GOVLT 3
LYG E QF & ADJ TO SR 5(LESS N 200 FT, PB61 P32 &
PB65P1a3) & NLY 121,76 FT OF ELY
lnterr�atiQnal Prap�rty MaintenaRCe Cad�s:
102; Main#enance
301; General
302; E�riar Prbp�rty ArE��
303; E�erior Structure
304; Interior Struct�re
305: Rubbish and Garbage
504; Plumbing �ys#ems and Fixtures
505; Plumbing Supply
506; Sanitary Drainage Sys#em
507; Storm Qrainage
603; Mechanica{ Equipment
6Q5; Electric�al EquiRment
ViAage of Tequesta Codes:
Chap#er 30 Arkicfe H Section 30-33; Prohibited Conditions
Chapter 78 Ar#icle V1�1 Sec#ion 7$-299; Satel�i#e Television
Antennae Systems and Structures
October 20, 20'�'t
Page 4 of 9
Chap#er 78 Article VI11 Section 78-300; Location and Screening
of Dumpsters
Chapter 78 Article X Sec#ion 78-�00; Drair�age and
Maintenance of Off Street Parking Areas
Chapter 78 Articie X Section 78-701; Marking and Lighting af
Parking Areas
Chapter �8 Articl� XI Section �8-�45; Prohibitions in Ail �oning
Categories
This case complied and was puiled from the agenda.
5. Case No. 2011-00034
Village �fi Teques�a vs. {�f�#� Sou#heast Teques#a, LLC
105 US Highway 1(T�questa Shoppes}
Teques#a, Florida 334fi9
Lega! Descriptian: 3Q-4�-43, WLY 692.4Q FT OF GQVLT 3
LYG E �F & ADJ Tfl SF� 5{LESS N 20Q FT, PB61 P32 &
PB65P103) & NL�( 121.76 FT OF ELY 300 FT OF WLY 761 FT
OF GOV LT 4
60-43-40-30-00-003-0050
Violation of Internationai Properly Maintenance Codes 102, 301,
302, 303, 304, 3Q5, 5Q4, 5Q5, 5�6, 507, f03, and 6a5 and
Village of Tequesta Codes Chapter 30 Article 11 Section 30-33,
Chapter 78 Articl� Vii! Sec#ion 78-299, Ch�pter 78 Ar#icle Viii
Sec#ion 78-3�fl, Ch�pter 'T8 Articl� X S+ection �8-�00, Ch�pter
78 Art�cle X SectFOn 7&7f11 and Ghaptec 78 Ar�icle �(t Section
78-745 of the Gade af Qrdir�ances af the V�Ifage af Tequ�st�.
Findings ofi fact were the Resp�ndent was represen#ed at the hearing by
Chris#opher Nt�yu�n; there was a finding of proper notice. The Code
Enfiorremen� �#icer #es#'�f�d tha# the propert�y Mas �fl# beer� brough# into
compliance with the above-mentioned code sectior�s.
Vt/ith re�pecf ta the instatlatiQn af �afety baRiers �raund the pc€��te tactks an �he
property, it i� the 4f�J�r �f ##�� �Qd� C4mpliance Special fU�agistra#e that the Fine
Assessment Hearing on #his matter be tabled. The Code En#orcement Officer is
order�cl #o mc�ni#or #he prt�gres� t�f this prflJect. 1# Respvndent is not being
diligent in the installation of the safety barriers, then ti�is p�r�icular vialatia�r will
be set for a Fine Ass�ssment Hearing in Navember 2Q11. Respondent wikl
receiv� notice Qf th� �ime, date and tc�cation of th� hea�ing. tf R�pQnd�nt is
beir�g diligen# ir� #h� ins#�Il�#i4n t�f t#�e sa#ety b�r�ier�, #t�en #h� Fine Assessment
Hearing for this viola#ion �arill b� #abled un#il December 8, 2U1'!.
Oc#ober 20, 2011
Page 5 of 9
With respect to the remaining violations on the property, it is the Order of the
Code Compiiance Special iVlagis#rate that the Fine Assessment tiearing fior these
violations be tabled until Decemb�r 8, 2011.
Please take notice that you must appear at the Fine Assessment Hearing which
will be held on the 8 day af D�cember, 2011 at 1Q:4Q a.m. at �fittage Hall,
Council Chambers, 345 T�questa Driv�, T�questa, Florida 33469, unfess the
Code Enforcement Officer certifies fihat you have timely brought your property
into compliance.
Repeat Violation Hearings
6. Case Number: 2071-04158
�Charles P#ieffer
240 Fairway East
Tequesta, FL 33469
PGN: 60-42�0-28-01-000 22QQ
tegal Description: T�QUESTA LT 220
Chapter 10 Article II Section 10-34; Dogs Running at Large
Findings of fact were th� Respondent was not present at the hEaring; however,
there was a finding c�f praper notice. Based upar� evid�nc� and testimar�y
presented, the Special Magistrate finds that the Re�pondent was in vialatian af
Sec#ion 10-34 0# the Code o# Ordinance� o# #he Villege of Teque�ta for one (1)
day. This is a repeat violation of the same Village Cod� section #rom an "Order
Finding Wiola#ion" dated May 5, 2D09.
Conclusions of law were �hat based on the above-stated facts, Re�et�t is in
repeat violation of Ghapter 10 Articf� 11 SectEan 10-34 of the Cade of Qrdir�ances
of the !/'rtlage af 7equest�.
Special Magis#ra#e Wagner ordered that a Fine of Une Hundred Dollars
($1�t3.flOj is hereby assessed i� �ccordanc� vvi#I� tt�e M�y 5, 2fl09 Order.
Responden# also is assessed the Village's administrative cc�sts in the amount �of
$254.93.
Should Responden# viotate th�e same Sec�ic�n of t�he Coide aga'tn, Respanden#
may be subject to a fine ofi up to five hundred dollars ($500.00) per day for such
repea# viola#ion. Additionally, #he Code Inspector is no# required to give a
reason�bl�a time #� corr��t #�e rsp�# viola#aon �nti t#fe �as� m�y b� pr�er�tEd #o
the Special Magistrate even if the repeat violatiqn has been corre�ted prior to the
Special Magi�trate h�aring.
October 20, 2011
Page 6 of 9
A certified copy o# #his Order may be recorded in the Public Records of Paim
Beach County, Florida, and, once recorded, shall cons#itute a lien against the
property upon which the viotation exits and upon any other real c�r personat
property owned by the Respondents, pursuant to Ch�pter 162, Florida Statutes.
7. Case Number: 2U11-0076�
Patricia Hegacty
81 Fairview East
Tec}uesta, FL 3346s
PCN: 6Q-42-40-�6-01-000-5320
Legal Description: TEQUESTA LT 532
C#�ap#er 30 ��#�c�e �� �ec#�or� �0-3�; Pffll�ib�#ed Gtt�r�d�#ior�s
Findings of fact were the Respondent was not present at the hearing; howrever,
there was a finding of prQp�r notic�. Based upon evid�nce and testimany
presented, the Special Magistra#e finds that the Respondent was in uiolation of
Section 30-33 0# the Code o# 4rdi�ances o# the V���age of Tequesta #rom Oc#ober
3, 2011, thrt�ugh Oc#ober 20, 2011, a period o# eighteen (18) days, and that the
�io�a�ion con#inu�s to exis#. This is a repeat viol�tion of #he same Vi�lage Code
section from an "Order As�essing Fine" dated June 28, 2010.
Conclusions o# taw were that based an the above-stated facts, Respondent is in
repeat vi4latican c�# Cha�ter 34 Article 1! Sectior� 3�-3,3 of the Gode of Orcl�nar�ces
of the Viliage of Tet�uesta.
Specia! Magistrate Wagner ord�red that a Fine of Qne Thousand Eight Hundred
Dollars ($1,800.00) is hereby assessed for this repeat violatian, at a daily amount
of One H�ndred Dottars ($1aa.66) per day for th� violations wMich h�v� �xisted
on th� propert�/ f�om October 3, 209 9 through October 20, 2011, a period o#
eigh#een {18) days, and such amoun# wil! continue #o accrue at One Hundred
Dollar� {$10�,00) p�r d�y �nt�! complianc� is ach�eved. RBSpondera# also is
assessed the Vil4age's adminfstrative costs in the amount o€ $252.31.
A certified cc�py Qf �his Qrder may !a� FecQrded in the Puk��ic R�cc�rrds ef Palm
Beach County, Florida, and, once recorded, �ha�f con�titute a li�n against tt�e
�roper#y upt�n wF�icf� #he vic�4a#io� exi#� ar�d upc�n ar�y fl##�er real flr �ers�nal
property owr�ed by the R�sponden#�, pursuan# to Chapter 162, �lorid� �t�#�#es,
October 20, 2011
Page 7 of 9 -
Violation Hearinqs
8. Case Number: 207 9-00149
Robert Madden
19 Pine Hill Trail East
Tequesta, FL 33469
PCN: fi0-42-40-25-25-000-0600
Legaf Description: TEQUESTA PtNES LOT 60
Chapter 30 Article II Sec�ion 30-33; Rrohibited Condi�ions
This cas� complied and wa� pulled #r�m the agenda.
S. Case Number: 2011-00143
Suzanne Mertk
7� Willow Road
Tequesta, FL 33469
P�N: 60-43-40-30-06-000-fl630
Legal Description: RIDGEWOOD HOMES SEC 2 LT 63
Chapter 14 Articte Vt Section 14-152; Build'mg Permits
Findir�gs of fact were the Respondent was not preser�t at the hearir�g; however,
there was a#inding of proper notice. Code Enforcement Officer Joe Petrick
provided tes#imony and evidence of the violation, as contained in the Village's
evidentiary case file which was accepted intv evidence. As of the hearing on
October 2Q, 2011, based an test'rmony prese�ted by code enfarcemet�t af�icers,
the property was rtot in comptianee with Section 14-152.
�oracl�asior�s of law v�ere tlaa# ##�e abc�ve stated #acts cvr��titute a vi4lation �#
Section 1��15� Qf th� Code o# Ordinances of the Viilage of Te�uesta.
The Respondent i� her�by ordered fio comply wrth Section 14�1�2 of the Code of
Ordinances of the Village of Tequesta an or befare Decemk�ef 5, 2011. tf the
Respondent faits ta achieve compliance on or be�`ore December 5, 2011, a daily
Fine of Fifty Dollars {$50.00) per day r�ay be im�osed for eacM day the violation
ct�n#inues #a exis#. Responden# aiso is ass�s�d $31�.3� #or adr�inistfa#ive costs
incurred by the Village prior to October 20, 2091.
Respondent was given notice to appear at the Ftne Asse�mer�t Hea�t�g which
will be held an #he 8 day of Qec�ember, 2U11 at 10:U0 a.m. at Village Hall,
Counci! ehambers, 345 Tequesta Drive, T�guesta, Ftorida �34f9, untess the
October 20, 2011
Page 8 of 9
Code Enforcement Officer certifies that she has timely brought her properfiy into
compliance.
Foreclosure Authorizations - None
Fine fteduction Hearit�qs
10. Case NuFnber: 2�11-00145
Alice Stark
116 Golfview Drive
Teq�es#a, FL 33469
PCN : 6�-42-40-26-01-000-318fl
Legaf Description: TEQUESTA LOT 318
Chap#er 78 Artiele {X Seetion 78-644; R1-A ViaEa�ion
Findings of fact were that the Respondent, Alice �ta;k, uvas represented at the
hearing by her son Matthew S#ark; fihere was finding #hat proper notice was
given. The Village Code Enforc�ment Officer testified tha# the property is now in
compliance. The origina{ Fine was asses�ed in #h� amoun# of One Thousand
Five Hundred Dollars ($1,5QO.OQ) for the repeat viatations that existed on the
property from August 22, 2011 �hraugh S��ember �4, 2011, a p�riad of thi►ty
(30) days.
The Respt�ndent is no ic�nge� in vioiati+�n of Sectic�n 78-fi� of the Code o�F
Ordinances of the Village of Tequesta.
Code Enfofeement Speaa[ Magistrate Wagner ordered tha# tkte Respondent's
fi�e shall �� re�uced t� $200.90, The Speci�l Magistrate further reaffirms that
Responden# sf��ll be assesse,c! $255.27 in adminis#rative costs incurred by the
Village prior to the Sep#ember 22, 20'19 hearing date.
Minutes W'
,�t �
�C,..�1
Spec�af tUtagistrete �afker a�prav�ed the mint�tes Qf the S�pt�mber �2, 2011
hearing.
Adjournment
There being no further cases, the meeting was adjourned.
October 20, 2011
Page 8 of 9
Code Enforcement Officer certifies that she has timely brought her property into
compliance.
Foreclosure Authorizations - None
Fine Reduction Hearinqs
10. 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 1X Section 78-644; R1-A Violation
Findings of fact were that the Respondent, Alice Stark, was represented at the
hearing by her son Matthew Stark; there was finding that proper notice was
given. The Village Code Enforcement Officer testified that the property is now in
compliance. The original Fine was assessed in the amount of One Thousand
Five Hundred Dollars ($1,500.00) for the repeat violations that existed on the
property from August 22, 2011 through September 21, 2011, a period of thirty
(30) days.
The Respondent is no longer in violation of Section 78-644 of the Code of
Ordinances of the Village of Tequesta.
Code Enfiorcement Speciai Magistrate Wagner ordered that the Respondent's
fine shall be reduced to $200.00. The Special Magistrate further reaffirms that
Respondent shall be assessed $255.27 in administrative costs incurred by the
Village prior to the September 22, 2011 hearing date.
Minutes
Special Magistrate Wagner approved the minutes of the September 22, 2011
hearing.
Adjournment
There being no further cases, the meeting was adjourned.
October 20, 2011
Page 9 of 9
RespectFully submitted,
Betty Laur
Recording Secretary
ATTEST:
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C�d"e Enforcement
APPROVED� l , Z , �' �`
1
Special aster Date Approved