HomeMy WebLinkAboutMinutes_Special Master_03/22/2012 c
VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
March 22, 2012
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 fo{lowing cases were heard by the Special Master:
Status Hearinas - None
Fine Assessment Hearinqs:
1. Case Number: 2011-00138
Wiliiam Garris
574 Dover Road
Tequesta, FL 33469
PCN: 60-42-40-25-06-016-0260
Legal Description: JUPITER IN THE PINES SEC B LOT 26 &
W 33.89 FT OF LOT 27 BLK 16
Chapter 30 Article II Section 30-33; Prohibited Conditions
This case was removed.
2. Case Number: 2012-00003
Anthony and Kelly Mollo
19 Oak Ridge Lane
Tequesta, FL 33469
PC N : 60-42-40-25-25-000-0440
Legal Description: TEQUESTA PINES LOT 44
Chapter 30 Article II Section 30-33; Prohibited Conditions
s March 22, 2012
Page 2 of 4
Findings of fact were the Respondents, Anthony and Kelley Mollo, were
represented at the hearing by Kelley Mollo; there was a finding of proper notice.
By the "Order Finding Violation," the Special Magistrate ordered the
Respondents to comply with Section 30-33 of the Code of Ordinances of the
Village of Tequesta on or before March 21, 2012, or be subject to fine. Based
upon the evidence, pictures and testimony presented at the hearing on March 22,
2012, the Special Magistrate found that the property remained in violation of
Secfiion 30-33.
Conclusion of law was that the above-stated facts constitute a continuing
violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta.
Respondents were given an extension of time to comply with the Village Code.
The Respondents were ordered by the Special Magistrate to comply with Section
30-33 of the Code of Ordinances of the Village of Tequesta on or before April 23,
2012. If the Respondents fail to achieve comptiance on or before April 23, 2012,
a daily Fine of One Hundred Dollars ($100.00) per day may be imposed for each
day the viola#ion continues to exist. Respondents were given notice that they
must appear at the Fine Assessment Hearing which will be held on the 26 day
of April, 2012 at 10:00 a.m. at Village HaA, Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies
that they have timely brought their properly into compliance.
Repeat Violation Hearings:
3. Case Number: 2012-00025
Barbara Brown
400 Tequesta Drive
Tequesta, FL 33469
PCN: 60-42-40-25-06-022-0150
Legal Description: JUPITER IN THE PINES SEC B LT BLK
22
Chapter 30 Article II Section 30-33; Pcohibited Conditions
Findings of fact were the Respondent, Barbara Brown, was present at the
hearing, and there was a finding of proper notice. Based upon evidence and
testimony presented, the Special Magistrate found that the Respondent was in
violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta
from March 5, 2012, through March 19, 2012, a period of fourteen (14) days.
This is a repeat violation of the same Village Code section from an "Order
Finding Violation" in September of 2009.
, March 22, 2012
Page 3 of 4
Conclusions of law were that based on the above-stated facts, Respondent is in
repeat violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances
of the Village of Tequesta.
tt was the Order of the Specia! Magistrate that a Fine of Two Hundred and Fifty
Dollars ($250.00) is hereby assessed for this repeat violation, which existed on
the property from March 5, 2012 through March 19, 2012, a period of fourteen
(14) days. Respondent also was assessed the Village's administrative costs in
the amount of $138.03.
A certified copy of this Order may be recorded in the Public Records of Palm
Beach County, Florida, and, once recorded, shaii 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:
4. Case Number: 2012-00007
Fred Lissauer
46 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3340
Legal Description: TEQUESTA LT 334
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. The Code Compliance O�cer for the Village testified
that Respondent is progressing toward complete compliance. The Village has
requested that this matter be continued until the April 26, 2012 agenda. As such,
no further findings shall be made at this time.
It was the Order of the Special Magistrate that this matter be continued to the
April 26, 2012 agenda for further consideration and action at that time.
Foreclosure Authorizations - None
Fine Reduction Hearinqs - None
Minutes
, ' March 22, 2012
Page 4 of 4
Special Magistrate Wagner approved the minutes of the February 23, 2012
hearing.
Adjournment
There being no further cases, the meeting was adjourned.
RespectFully submitted,
Betty Laur
Recording Secretary
ATTEST:
�
��
Cod Enforcement Officer 7
APPROV��:-_____� -
/
�. � / � �c���
i' L � �
Special Mast�t`� � " � � Date Approved
j .. ;
� -'