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HomeMy WebLinkAboutMinutes_Special Master_07/26/2012 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES July 26, 2012 PRESENT: Special Master Kevin Wagner, Code Enforcement Off'rcer 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 Hearings: 1. Case Number 2012-00052 Lily Aizpu 72 Acorn Circle Tequesta, FL 33469 PCN: 60-42-40-25-25-000-0250 Legal Description: TEQUESTA PINES LOT 25 Chapter 30 Article II Section 30-33; Prohibited Conditions This case was removed. 2. Case Number 2012-00039 Jason and Staci Kresser 415 Beacon Street Tequesta, FL 33469 PCN: 60-42-40-25-06-022-0220 Legal Description: JUPITER IN THE PINES SEC B LT 22 BLK 22 Chapter 78 Article IX Section 78-643; R1 Violation Findings of fact were the Respondents are the owners of the above-described property; Respondents Jason and Staci Kresser were not present at the hearing; however, there was a finding of proper notice; by the "Order Finding Violation" dated June 29, 2012, the Special Magistrate ordered the Respondents to comp(y with the violations of Section 78- 643 of the Code of Ordinances of the Village of Tequesta on or before July 10, 2012, or be subject to fine; based upon the evidence and testimony presented at the hearing on July 26, 2012, the Special Magistrate found that the property remained in violation of Section 78-643. ' Special Master Hearing July 26, 2012 Page 2 of 8 Conclusions of law were the above-stated faets constitute a continuing violation of Section 78-643 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered that a fine of $400.00 be assessed, at $25.00 per day, for the violations which have existed on the property beginning from July 11, 2012 through July 26, 2012, a period of 16 days, and the fine amount shall continue to accrue at $25.00 per day until compliance is achieved. Special Magistrate Wagner further ordered that Respondents shall be assessed $209.03 in administrative costs for the July 26, 2012 hearing. The Special Magistrate also reaffirmed that Respondents shall be assessed $167.59 in administrative costs for the June 28, 2012 hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shatl constitute a lien against the property upon which the violation exists and upon any other real of personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. Repeat Violation Hearinqs — None Violation Hearinqs: 3. Case Number: 2012-00021 Gallery Square South LLC Rosalie Consiglio 370 Tequesta Drive #200 Tequesta, FL 33469 PCN: 60-42-40-25-06-030-0060 Legal Description: JUPITER IN THE PINES SEC B LT 6 BLK 30 Chapter 70 Article II Section 70-43; Engaging in business without valid receipt; renewal of receipt; penalty fior failure to obtain receipt or pay tax Chapter 14 Article VI Section 14-152; Building Permits Chapter 14 Article VI Section 14-153; Plumbing Permits Chapter 14 Article VI Section 14-154; Electrical Permits Chapter 14 Article VI Section 14-155; Mechanical Permits Findings of fact were the Respondent, Gallery Square South, LLC, was not present at the hearing; however, there was a finding of proper notice; Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the ' Special Master Hearing July 26, 2012 Page 3 of 8 Village's evidentiary case file which was accepted into evidence' as of the hearing on July 26, 2012, and based on the testimony presented by the Code Enforcement Officer, the property was not in compliance with Sections 14-152, 14-153, 14-154, and 14-155. Conclusions of law were the above-stated facts constitute a violation of Sections 14- 152, 14-153, 14-154, and 14-155 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Sections 14-152, 14-153, 14-154, and 14- 155 of the Code ofi Ordinances of the Village ofi Tequesta on or before August 20, 2012. If the Respondent fails to achieve compliance on or before August 20, 2012, a fine of $150.00 per day may be imposed for each day the violation continues to exist. Respondent also was assessed the Village's administrative costs in the amount of $233.20. Notice was given to Res�ondent to must appear at the Fine Assessment Hearing which will be held on the 23� day of August, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certi�es that you have timely brought your property into compliance. ORDER FINDING DELINQUENCY FOR BUSINESS TAX RECEtPT AND ASSESSING FINES AND PENALTIES: Findings of fact were that Respondent, Gallery Square South, LLC, was not present at the hearing; however, there was a finding of proper notice; the Village Code Inspector testified to and produced documentation of the violation. Specifically, the Village Code Inspector testified to and produced documentation demonstrating that the Respondent has not paid the business tax imposed by the Village of Tequesta for fiscal year 2011- 2012 and such license is delinquent beyond 150 days after the initial notice of tax due. Conclusion of law was the above-stated facts constitute a violation af Section 70-43 of the Code of Ordinances of the Village of Tequesta and subjects Respondent to fines and penalties as set forth in Chapter 205, Florida Statutes. Special Magistrate Wagner ordered that pursuant to Section 205.053, Respondent is delinquent in the payment of the required business tax of $200.00 which was due by September 30, 2011; and has been assessed the maximum delinquency penalty of up to 25% of the tax due, or $50.00. Respondent currently owes the Village of Tequesta $250.00 (tax due plus delinquency penalty). ' Special Master Hearing July 26, 2012 Page 4 of 8 Respondent is further assessed administrative costs of $100.00 incurred as a result of the collection efforts by the Village of Tequesta for the business tax receipt and a penalty of $250.00 in accordance with Section 253.053(3) Florida Statutes. In total, Respondent owes the Village of Tequesta $600.00 for the business tax receipt delinquency. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shatl constitute a lien against the property upon which the violation exists and upon any other real of personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. 4. Case Number: 2012-00072 Michael P. Lennon & Anne Mcnamara 22 Shay Place Tequesta, FL 33469 P C N : 60-42-40-25-00-000-5270 Legal Description: 25-40-42, S 130 FT OF N 390 FT OF E 79.37 FT OF W 238.12 FT PF NE'/a OF SE'/a (LESS N 10FT SHAY PL R/W) Chapter 78 Articfe X Seetion 78-585; Child Restraint Barrier This case was removed. 5. Case Number: 2012-00079 Mikki and Doris Thomas 414 Cypress Drive #D Tequesta, FL 33469 PCN: 60-43-40-30-34-001-0014 Legal Description: CYPRESS VILLAS UNIT D BLDG TR 1 OF PAR A Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were that Respondents, Mikki and Doris Thomas, were not present at the hearing; however, 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. Neighbor Simon Lopez also provided testimony as to the violations on the property including, but not limited to, the existence of rats on the property. As of the hearing on July 26, 2012, and based on the testimony presented by the code enforcement officer and the other witnesses, the property was not in compliance with Section 30-33. � Special Master Hearing July 26, 2012 Page 5 of 8 Conclusions of law were the above-stated facts constitute a violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta. Respondents were ordered to comply with Section 30-33 of the Code of Ordinances of the Village of Tequesta on or before August 6, 2012. If the Respondents fail to achieve compliance on or before August 6, 2012, a fine of $200.00 per day may be imposed for each day the violation continues to exist. Respondents were also assessed the Viltage's administrative costs in the amount of $232.60. Respondents were given notice to appear at the Fine Assessment Hearing which will be held August 23, 2012 at 10:00 a.m.at Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that they have timety brought their property into comptiance. ORDER FINDfNG V10LATION AND PERMITTING CONTINUING VftLAGE ABATEMENT: Findings of fiact were the Respondents, Mikki and Doris Thomas, are the owners of the above-described property; Respondents were not present at the hearing; however, there was a finding of proper notice; Code Enforcement Officer Joe Petrick and neighbor Simon Lopez provided testimony as to the violations on the property incfuding, but not limited to, the existence of rats on the property. Based upon evidence presented at the July 26, 2012 Special Magistrate Hearing, the Special Magistrate found that the property was in violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta and such violation represented a serious threat to the health, safety and welfare of the Village residents due to broken windows causing the structure to be unsecured, due to the presence of excessive trash and debris, and due to the presence of vermin. Conclusions of law were that the above-stated facts constitute a continuing violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered that the Village may abate the violation of Section 30-33 after August 6, 2012 by taking reasonable actions concerning conditions that such issues may present to surrounding areas pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement action by the Village shall in no way create a continuing obligation or any present or future liability for any damage to the property that may result from such good faith attempts to abate the violations. Additionally, the Village may continue to abate the nuisance in the future ' Special Master Hearing July 26, 2012 Page 6 of 8 whenever the conditions of the stru�ture again violate Village Code as documented in the code enforcement files for the property. Respondents were given notice to appear at the Fine Assessment Hearing for the Village's Abatement Costs, which will be held on August 23, 2012 at 10:00 a.m. at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies they have timely brought their property into compliance. 6. Case Number 2012-00062 TD Bank, United States Corporation Company The Prentice-Hall Corporation System Rodman Ward III, Gearge Massih, John Fortunato Jr. 4534 and 4546 County Line Road Tequesta, FL 33469 PCN: 60-42-40-25-00-000-1080 Legal Description: 25-40-42, W 420 FT OF NW'/4 OF NE % (LESS S 779.63 FT) Findings of fact were the Respondent, TD Bank NA, was not present at the hearing; however, 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. Neighbor Amy Cioffi also provided testimony as to the violations on the property including, but not limited to, the existence of rats on the property. As of the hearing on July 26, 2012, and based on the testimony presented by the code enforcement officer and the other witnesses, the properties were not in compliance with Section 30-32. Conclusions of law were the above-stated facts constitute a violation of Section 30-32 of the Code of Ordinances of the Village of Tequesta. Respondent was ordered to comply with Section 30-32 of the Code of Ordinances of the Village of Tequesta on or before August 6, 2012. If Respondent fails to achieve compliance on or before August 6, 2012, a fine of $200.00 per day may be imposed for each day the violation continues to exist. Respondent was also assessed the Village's administrative costs in the amount of $249.18. Respondent was given notice to appear at the Fine Assessment Hearing which will be held August 23, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta ` Special Master Hearing July 26, 2012 Page 7 of 8 Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that Respondent has timely brought its property into compliance. ORDER FINDING VIOLATION AND PERMITTING CONTINUING VILLAGE ABATEMENT Findings of fact were the Respondent, TD Bank, N.A. 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 and Neighbor Amy Cioffi provided testimony as to the violations on the property including, but not limited to, the existence of rats on the property. Based upon evidence presented at the July 26, 2012 Special Magistrate Hearing, the Special Magistrate found the property in violation of Section 30-32 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 to the height of the weeds and grass and the presence of vermin. Conclusions of law were the above-stated faets constitute a continuing violation of Section 30-32 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered that the Village may abate the violation of Section 30-32 after August 6, 2012, by taking reasonable actions concerning the height of the weeds and grass and the presence of vermin 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. Such abatement action by the Village shall in no way create a continuing obligation or any present or future liability for any damage to the property that may result from such good faith attempts to abate the violations. Additionally, the Village may continue to abate the nuisance in the future whenever the height of the vegetation, overgrowth conditions, or presence of vermin again violate Village Code as documented in the code enforcement files for the property. Respondent was given notice to appear at the Fine Assessment Hearing for the Village's Abatement Costs, which will be held on August 23, 2012 at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that it has timely brought its property into compliance. Forclosure Authorizations — None Fine Reduction Hearinqs — None Special Magistrate Hearing July 26, 2012 Page 8 of 8 Minutes Special Magistrate Wagner approved the minutes of the June 28, 2012 hearing. Adiournment There being no further cases, the meeting was adjourned. Respectfully submitted, '�����, ��-�� Betty Laur Recording Secretary ATTEST: � � �- , Cdd'e Enforcement Officer � ,----� , ,; APPF�,C3bfD:� / _ ,� ,.,.�-� �� �'> � � � . ._ , , � ,� � - _ , ; _ .- ,� , � . . __ Special I�lagistrate Date Approved (/'