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HomeMy WebLinkAboutMinutes_Special Master_08/23/2012 S 1 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES August 23, 2012 PRESENT: Speciai 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 Following cases were heard by the Special Master: Status Hearinqs — None Fine Assessment Hearinqs: 1. Case Number: 20'f 2-00021 Gallery Square South LLC Rosalie Consigtio 370 Tequesta Drive #200 Tequesta, FL 33469 P C N : 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 for failure to obtain receipt or pay tax. Chapter 14 Article VI Section 14-152; Building Permits Chapter 14 Article Vl Section 14-153; Plumbing Permits Chapter 14 Article VI Section 14-154; Electrical Permits Chapter 14 Article VI Section 14-152; Mechanical Permits FINDINGS OF FACT 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. By the "Order Finding Violation" dated July 30, 2012, the Special Magistrate ordered the Respondent to comply with the violations of Sections 14-152, 14-153, 14-154, and 14-155 of the Code of Ordinances of the Village of Tequesta on or before August 20, 2012, or be subject to fine. Based upon the evidence and testimony presented at the hearing on August 23, 2012, the Special Magistrate found that the property remained in violation of Sections 14-152, 14-153, 14- 154, and 14-155. , , Special Master Hearing August 23, 2012 Page 2 of 9 Conclusions of law were the above-stated facts constitute a continuing violation of Sections 14- 152, 14-153, 14-154, and 14-155 of the Code of Ordinances of the ViAage of Tequesta. Special Magistrate Wagner ordered that a Fine of Four Hundred and Fifty Dollars ($450.00) be hereby assessed, at One Hundred and Fifty Dol{ars {$150.00) per day, for the violations which have existed on the property beginning from August 21, 2012 through August 23, 2012, a period of three (3) days, and the fine amount shall continue to accrue at One Hundred and Fifty Dollars ($150.00) per day until compliance is achieved. The Special Magistrate also ordered that Respondent shall be assessed $267.80 in administrative costs for the August 23, 2012 hearing. The Special Magistrate also reaffirmed that Respondentl be assessed $233.20 in administrative costs for the July 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 property upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Sfatutes. 2. Case Number: 2012-00079 Mikki and Doris Thomas 414 Cypress Drive #D Tequesta, FI 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 the Respondents are the owners of the above-described property; Respondents, Mikki and Doris Thomas, were not present at the hearing; however, there was a finding of proper notice; by the "Order Finding Violation" dated July 30, 2012, the Special Magistrate ordered the Respondents to comply with the violations of Section 30-33 of the Code of Ordinances of the Village of Tequesta on or before August 6, 2012, or be subject to fine; by "Order Finding Violation and Granting Continuing AbatemenY' dated July 30, 2012, the Special Magistrate found health, safety and welfare violations of Section 30-33 of the Code of Ordinances of the Village of Tequesta and permitted abatement of these violations after August 6, 2012; the Order also provided that the Village could request that the costs of any abatement action be assessed against the property at a later date. Based upon the evidence and testimony presented at the hearing on August 23, 2012, the Special Magistrate found that the Village abated the violations on August 15, 2012, so that the property now is in compliance with Section 30-33. Special Master Hearing August 23, 2012 Page3of9 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. Special Magistrate Wagner ordered that a Fine of One Thousand Six Hundred Dollars ($1,600.00) be hereby assessed, at Two Hundred Dollars ($200.00) per day, for the violations which existed on the property from August 7, 2012 through August 14, 2012, a period of eight (8) days. The Special Magistrate further ordered that Respondents be assessed $464.40 ($200.00 in abatement costs and $264.40 in administrative costs) for the August 23, 2012 hearing. The Special Magistrate also reaffirmed that Respondents be assessed $232.60 in administrative costs for the July 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 property upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, F/orida Statutes. 3. 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'/ OF NE'/ (LESS S 779.63 FT) Chapter 30 Article II Section 30-32; Excessive accumulations Prohibited; declaration of nuisance Findings of fact were the Respondent is the owner of the above-described property; Respondent, TD Bank, was not present at the hearing; however, there was a finding of proper notice; by the "Order Finding Violationn dated July 30, 2012, the Speciat Magistrate ordered the Respondent to comply with the violations of Section 30-32 of the Code of Ordinances of the Village of Tequesta on or before August 6, 2012, or be subject to fine; by "Order Finding Violation and Granting Continuing Abatement" dated July 30, 2012, the Special Magistrate found health, safety and welfare violations of Section 30-32 of the Code of Ordinances of the Village of Tequesta and permitted the abatement of these violations after August 6, 2012; the Order also provided that the Village could request that the costs of any abatement action be assessed against the property at a later date. Based upon the evidence and testimony presented at the hearing on August 23, 2012, the Special Magistrate found that the Village Special Master Hearing August 23, 2012 Page 4 of 9 abated the violations on August 16, 2012, so that the property now is 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. Special Magistrate Wagner ordered a Fine of One Thousand Eight Hundred Dollars ($1,800.00) is hereby assessed, at Two Hundred Dollars ($200.00) per day, for the violations which existed on the property from August 7, 2012 through August 15, 2012, a period of nine (9) days. Special Magistrate Wagner further ordered that Respondents be assessed $721.20 ($450.00 in abatement costs and $271.20 in administrative costs) for the August 23, 2012 hearing. The Special Magistrate also reaffirmed that Respondents be assessed $249.18 in administrative costs for the July 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 property upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. Repeat Violation Hearinqs: 4. Case Number: 2012-00088 Anthony and Kelley Mollo 19 Oak Ridge Lane Tequesta, FL 33469 P C N: 60-42-40-2 5-25-000-0440 Legal Description: TEQUESTA PINES LOT 44 Chapter 30 Article II Seetion 30-33; Prohibited Conditions This case was removed. Violation Hearinqs: 5. Case Number: 2012-00089 Jo Ann Jacobson 11 Leeward Circle Tequesta, FL 33469 PCN: 60-42-40-25-12-003-0030 Legal Description: COUNTRY CLUB POINT LOT 3 BLK 3 Chapter 14 Article VI Section 14-152; Building Permits Special Master Hearing August 23, 2012 Page 5 of 9 Findings of fact were the Respondent, Jo Ann Jacobson, was not present at the hearing; however, there was a finding of proper notice. Craig Wood, the contractor for the project, appeared and testified at the hearing. 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 August 23, 2012, and based on the testimony presented by the Code Enforcement Officer, the properiy was not in compliance with Section 14-152. Conclusions of law were that the above-stated facts constitute a violation of Section 14- 152 of the Code of Ordinances of the Village of Tequesta. Special Master Wagner ordered Respondent to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta on or before October 22, 2012. If the Respondent fails to achieve compliance on or before October 22, 2012, a Fine of One Hundred and Fifty Dollars ($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 $272.80. Respondent was given notice that to appear at the Fine Assessment Hearing which will be held on the 25 day of October, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that Respondent has timely brought her property into compliance. 6. Case Number: 2012-00075 Leo Arroyo 470 Tequesta Drive Tequesta, FL 33469 PCN: 60-42-40-25-06-015-0040 Legal Description: JUPITER IN THE PINES SEC B LT 4 BLK 15 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 The Respondent, Leo Arroyo, was present at the hearing along with his wife Leticia Arroyo; 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 August 23, 2012, and based Special Master Hearing August 23, 2012 Page6of9 on the testimony presented by the Code Enforcement Officer, the property was not in compliance with Sections 14-152, 14-154 and 14-155. Conclusions of law were that the above-stated facts constitute a violation of Sections 14-152, 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, 14-154 and 14-155 of the Code of Ordinances of the Village of Tequesta on or before October 22, 2012. If the Respondent fails to achieve compliance on or before October 22, 2012, a Fine of Fifty Dollars ($50.00) 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 $268.80. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 25 day of October, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that Respondent has timely brought his property into compliance. 7. Case Number: 2012-00091 Thomas and Lynne Awenire 408 Beacon Street Tequesta, FL 33469 PC N : 60-42-40-25-06-025-0060 Legal Description: JUPITER (N THE PINES SEC B LT 6 BLK 25 Chapter 78 Article IX Division 10 Section; 78-612; Temporary Stru�tures (Other Uses) The Respondents, Thomas and Lynne Awenire, 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. As of the hearing on August 23, 2012, and based on the testimony presented by the Code Enforcement Officer, the property was not in compliance with Section 78-612. Conclusions of law were that the above-stated facts constitute a violation of Section 78- 612 of the Code of Ordinances of the Village of Tequesta. The Respondents were ordered to comply with Section 78-612 of the Code of Ordinances of the Village of Tequesta on or before September 17, 2012. If the Respondents fail to achieve compliance on or before September 17, 2012, a Fine of Special Master Hearing August 23, 2012 Page 7 of 9 Twenty-Five Dollars ($25.00) per day may be imposed for each day the violation continues to exist. Respondents also were assessed the Village's administrative costs in the amount of $269.80. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 27 day of September, 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. 8. Case Number: 2012-00092 Deborah Kresser 423 Beacon Street Tequesta, FL 33469 PC N : 60-42-40-25-06-022-0240 Legal Description: JUPITER IN THE PINES SEC B LT 24 BLK 22 Chapter 14 Article VI Section 14-152; Building Permits Findings of fact were the Respondent, Deborah Kresser, 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. As of the hearing on August 23, 2012, and based on the testimony presented by the Code Enforcement Officer, the property was not in compliance with Section 14-152. Conclusions of law were that the above-stated facts constitute a violation of Section 14- 152 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta on or before September 24, 2012. If the Respondent fails to achieve compliance on or before September 24, 2012, a Fine of Fifty Dollars ($50.00) 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 $270.80. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 27 day of September, 2012 at 10:00 a.m. at Village Haft, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that Respondent has timely brought her property into compliance. Special Master Hearing August 23, 2012 Page8of9 9. Case Number: 2012-00084 John and Kimm Dwyer 210 Golfview Drive Tequesta, FL 33469 Legal Description: TEQUESTA IN PB PGS 7 TO 15 INC Chapter 78 Article IX Division 4 Section 78-400 Findings of fact were the Respondents, John and Kimm Dwyer, 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. As of the hearing on August 23, 2012, and based on the testimony presented by the Code Enforcement Officer, the property was not in compliance with Section 78-400. Conclusions ofi law were that the above-stated facts constitute a violation of Section 78- 400 of the Code of Ordinances of the Village of Tequesta. Respondents were ordered to comply with Section 78-400 of the Code of Ordinances of the Village of Tequesta on or before September 24, 2012. If the Respondents fail to achieve compliance on or before September 24, 2012, a Fine of Fifty Dollars ($50.00) per day may be imposed for each day the violation continues to exist. Respondents were also assessed the Village's administrative costs in the amount of $274.80. Respondents were given notice to appear at the Fine Assessment Hearing which will be held on the 27 day of September, 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 they have timely brought their property into compliance. Forclosure Authorizations — None Fine Reduction Hearinqs — None Minutes Special Magistrate Wagner approved the minutes of the July 26, 2012 hearing. Adiournment Special Master Hearing August 23, 2012 Page 9 of 9 There being no further cases, the meeting was adjourned. RespectFully submitted, 1 � _ %" r <=_..�.-t�-c.,�� � ; , Betty Laur Recording Secretary ATTEST: ;n � Code nforcement Officer � `,, APP �[� , f �-- � � � . , - ; �.�.__ Spgcial Masf ✓ � Date Approved �/ i� ;