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Home My WebLink AboutMinutes_Special Master_04/26/2012 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES April 26, 2012 PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, and Vitlage 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 Hearings: 1. Case Number: 2012-00034 DDR South East Tequesta Richard Forrest II Tequesta Shoppes 105 US HWY 1 Tequesta, FL 33469 PC N : 60-43-40-30-00-003-0050 Legal Description: 30-43-43, WLY 692.40 FT OF GOVLT 3 LYG E OF ELY 300 FT OF WLY 761 FT OF GOV LT 4 International Property Maintenance Codes: 102; Maintenance, 301; General, 302; Exterior Property Areas, 303; E�erior Structure, 304; Interior Structure, 305; Rubbish and Garbage, 504; Plumbing Systems and Fixtures, 505; (Plumbing) Supply, 506; Sanitary Drainage System, 507; Storm Drainage 603; Mechanicat Equipment, 605; Electricai Equipment Tequesta Code of Ordinance Violations: Chapter 78 Section 300; Location and Screening of Dumpsters Chapter 78 Section 745; Prohibitions in A{I Zoning Categories Chapter 78 Section 299; Satellite Television Antennae Systems and Structures Chapter 78 Section 700; Drainage and Maintenance of Off Street Parking Areas Chapter 78 Section 701; Marking and Lighting of Parking Areas March 22, 2012 � ` page 2 of 7 Chapter 30 Section 33; Prohibited Conditions Findings of fact were the Respondent is the owner of the above-described property. The Respondent was represented at the hearing by properly manager Richard Forest; there was a finding of proper notice. By the "Order Finding Violation" dated September 26, 2011, the Special Magistrate ordered the Respondent to comply with International Property Maintenance Code Seetions 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 Village of Tequesta Code Seetion 30-33 (other than the installation of safety barriers around propane tanks), by applying for all necessary permits on or before October 17, 2011. Respondent was ordered to meet the requirements of the Building Official for the Village of Tequesta with respect to applying for these permits and with respect to all other issues concerning the project. Respondent further was ordered to obtain a final inspection on or before February 20, 2012. If Respondent failed to meet either required date, a fine of Two Hundred and Fifty Dollars ($250.00) per day would be imposed for each day the violations continued to exist. At the Fine Assessment Hearing held on February 23, 2012, the Code Compliance Officer for the Village testified that Respondent was progressing toward complete compliance. Respondent requested additional time to comply before a fine was imposed. The Village agreed to an extension of time. Therefore, the Special Magistrate entered an Order Continuing the Fine Assessment Hearing until April 26, 2012. Based upon the evidence and testimony presented at the hearing on April 26, 2012, the Special Magistrate found that the property remained in violation of the code sections mentioned above. Conclusions of law were that the above-stated facts constitute a continuing 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 Se�tions 30-33, 78-299, 78- 300, 78-700, 78-701 and 78-745. The Speciaf Magistrate ordered that a daily Fine of Two Hundred and Fifty ($250.00) Dollars be assessed, commencing on May 1, 2012, and continuing until compliance is achieved. He further ordered that Respondent shall be assessed $782.36 in administrative costs for the substantial amount of staff time dedicated to bringing this case to the September 22, 2011 hearing, the October 20, 2011 hearing, the December 8, 2011 hearing, the February 23, 2012 hearing, and the April 26, 2012 hearing. 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 properiy upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. ORDER FINDING VIOLATION AND PERMITTING VILLAGE ABATEMENT March 22, 2012 ' `Page 3 of 7 Case No. 2011-00034 DDR SOUTHEAST TEQUESTA LLC 105 US Highway 1(Tequesta Shoppes) Tequesta, Florida 33469 30-40-43, WLY 692.40 FT OF GOVLT 3 LYG E OF & ADJ TO SR 5(LESS N 200 FT, PB61 P32 & P665P103) & NLY 121.76 FT OF ELY 300 FT OF WLY 761 FT OF GOV LT 4 60-43-40-30-00-003-0050 The Special Magistrate appointed by the Village Council to hear code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Special Magistrate Hearing held on the 26 day of April, 2012, and based on the evidence and testimony presented, entered an Order Finding Violation and Permitting Village Abatement. The following Findings of Fact, Conclusions of Law and Order are hereby entered: Findings of fact were the Respondent is the owner of the above-described property. The Respondent was represented at the hearing by property manager Richard Forest; there was a finding of proper notice. Based upon the evidence and testimony presented at the hearing on April 26, 2012, the Special Magistrate found that the property continues to be in violation of International Property Maintenance Code Section 302, among other code sections, and such violation of Section 302 represents a serious threat to the health, safety and welfare of the Village residents due to the unpermitted and unsafe structure containing the chlorine tank on the premises. Conclusions of law were that the above-stated facts constitute a continuing violation of International Properly Maintenance Code Section 302. The Special Magistrate ordered that the Village may abate the violation within one (1) week from the date of this Order by taking reasonable actions to secure the structure containing the chlorine tank on the premises 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 such good faith repairs or actions. The Village 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 the above-mentioned sections of the Code of Ordinances of the Village of Tequesta once abatement was accomplished. 2. Case Number: 2012-00003 Anthony and Kelly Mollo 19 Oak Ridge Lane Tequesta, FL 33469 PCN: 60-42-40-25-25-000-0440 March 22, 2012 �Page 4 of 7 Legai Description: TEQUESTA PINES LOT 44 Chapter 30 Article II Section 30-33; Prohibited Conditions This case was removed. Repeat Violation Hearinqs - None Violation Hearinqs 3. 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 This case was removed. 4. Case Number: 2012-00029 Water Pointe Reality Mark Eble 393 Tequesta Drive Tequesta, FL 33469 PCN: 60-42-40-25-10-001-0011 Legal Description: RESUB OF A PORTION OF JUPITER IN THE PINES SEC B E 86 FT OF PARCEL A Chapter 78 Article XI Section 78-33; (Sign) Permit Required; Applicability of Building and Electrical Codes This case was removed. 5. Case Number: 2012-00041 Stephen and Linda Zampino 359 Riverside Drive Tequesta, FL 33469 PCN: 60-42-40-25-00-007-0010 Legal Description: 25-40-42 WLY 192.11 FT OF N 110 FT OF S 330 FT OF GOV LT 7 LYG E OF RIVERSIDE BLVD March 22, 2012 � � �Page 5 of 7 Chapter 30 Article II Section 30-32; Excessive Accumulations Prohibited; Declaration of Nuisance Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondents, Stephen and Linda Zampino, were 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. Neighbors Ed Latham, Matt Shaw and Jeff Green also offered testimony concerning the violation. As of the hearing on April 26, 2012, and based on the testimony presented by the code enforcement officer and the other witnesses, the property was not in compliance with Sections 30-32 and 30-33. Conclusions of law were that the above-stated facts constitute a violation of Sections 30-32 and 30-33 of the Code of Ordinances of the Village of Tequesta. The Respondents were ordered to comply with Sections 30-32 and 30-33 of the Code of Ordinances of the Village of Tequesta on or before May 18, 2012. If the Respondents fail to achieve compliance on or before May 18, 2012, a daily Fine of Seventy-Five Dollars ($75.00) per day may be imposed for each day the violation continues to exist. Respondents were given notice they must appear at the Fine Assessment Hearing which will be held on the 24 day of May, 2012 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 property into compliance. 6. Case Number 2012-00030 Louise Vadala 87 Golfview Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-3460 Legal Description: TEQUESTA LOT 346 Chapter 10 Article I Section 10-6; (Dog) Depositing of Excreta Chapter 10 Article 11 Section 10-34; Dog Running at Large 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. Additionally, neighbors James and Kimberly Guerriero presented written witness statements and testimony concerning the violation. The Guerrieros' testified that they had witnessed seven (7) separate violations. As of the hearing on April 26, 2011, based on testimony presented by code enforcement officers and the other witnesses, the Respondent was not in compliance with Sections 10-6 and 10-34. March 22, 2012 � � �Page 6 of 7 Conclusions of law were that the above-stated facts constitute a violation of Section 10- 6 and 10-34 of the Code of Ordinances of the Village of Tequesta. The violation is irreparable and irreversible in nature. The Special Magistrate ordered that a Fine of One Hundred and Seventy-Five Dollars ($175.00) is hereby assessed, at Twenty-Five Dollars ($25.00) for each of the Seven (7) past violations. It further was ordered that Respondent shall pay a Fine of Twenty-Five Dollars ($25.00) for each additional violation that is observed on the property. Respondent also is assessed $129.06 for administrative costs incurred by the Village prior to April 26, 2012. 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 Hearinqs - None Minutes Special Magistrate Wagner approved the minutes of the March 22, 2012 hearing. Adiournment There being no further cases, the meeting was adjourned. RespectFully submitted, /'��''� ��-�-�� Betty Laur Recording Secretary ATTEST: � Cod Enforcement Officer March 22, 2012 � � � f'age7of7 , j , ;,,, APPROVED: � j �'� � � f � -- t�� -�� „ Special Maste�j � � Date Approved � y v�