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VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
December 13, 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 following cases were heard by the Special Master:
Status Hearinqs — None
Fine Assessment Hearinqs:
1. 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
Findings of Fact were the Respondent is the owner of the above-described property.
The Respondent was present at the hearing; there was a finding of proper notice. By
the "Order Continuing Fine Assessment Hearing," dated October 2012, the Special
Magistrate ordered the Respondent to comply with Sections 14-152, 14-154 and 14-155
of the Code of Ordinances of the Village of Tequesta on or before December 10, 2012,
or be subject to a fine. Based upon the evidence, pictures and testimony presented at
the hearing on December 13, 2012, the Special Magistrate found that the property had
been brought into compliance with Sections 14-152, 14-154 and 14-155.
Conclusions of law were that the above-stated facts constituted a violation of Sections
14-152, 14-154 and 14-155 of the Code of Ordinances of the Village of Tequesta.
It was the Order of the Special Magistrate that no fine shall be imposed given that the
property had been brought into compliance. Should Respondent violate the same
Section of the Code again, Respondent may be subject to a fine of up to $500.00 per
day. Additionally, the Code Inspector is not required to give a reasonable time to
� Speciai Master Hearing
December 13, 2012
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correct the repeat violation and the case may be presented to the Special Magistrate
even if the repeat violation has been corrected prior to the Special Magistrate hearing.
Repeat Violation Hearinqs - None
Violation Hearinqs:
2. Case Number: 2012-00122
Franklin and Amy Taylor
249 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3750
Legaf Description: TEQUESTA LT 375
Chapter 14 Article VI Section 14-152; Building Permits
Findings of fact were the Respondents 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. As of the hearing on December 13, 2012, based on testimony
presented by code enforcement officers, 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 Respondents were ordered to comply with Section 14-152 of the Code of
Ordinances of the Village of Tequesta on or before February 25, 2013. If the
Respondents fail to achieve compliance on or before February 25, 2013, a daily Fine of
Fifty Dollars ($50.00) per day may be imposed for each day the violation continues to
exist. Respondents were given notice to appear at the Fine Assessment Hearing which
will be held on the 28 day of February, 2013 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that Respondents have timely brought their property into
compliance.
3. Case Number: 2012-00143
SLO ML LLC
(Snooty Hooty's )
150 US HWY 1 #22C
Tequesta, FL 33469
• Special Master Hearing
December 13, 2012
Page 3 of 7
PCN: 60-43-40-30-00-003-0070
Legal Description: 30-40-43, SLY 718.76 FT OF
NLY1118.76 FT OF ELY 254.83 FT OF GOV LT
3LYGWOF&ADJTOUSHWY1
Chapter 70 Article II Section 70-43; Engaging in business
without a valid receipt ; renewal of receipt; penalty for failure
to obtain receipt or pay tax.
Chapter 78 Article IX Section 78-733; Permit required;
applicability of building and electrical codes
Findings of fact were the Respondent, SLO ML LLC (Snooty Hooty's), was represented
at the hearing by Harvey Naseck; 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 2012 and such license is delinquent.
Conclusions of law were that the above-stated facts constitute a violation of 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.
The Special Master ordered that pursuant to Section 205.053, Florida Statutes,
Respondent is delinquent in the payment of the required business tax of One Hundred
Twenty Dollars ($120.00); and has been assessed the delinquency penalty of up to
twenty-five percent (25%) of the tax due or Thirty Dollars ($30.00). Respondent
currently owes the Village of Tequesta One Hundred and Fifty Dollars ($150.00) (tax
due plus delinquency penalty). Respondent further was assessed administrative costs
of one hundred dollars ($100.00) incurred as a result of the collection efforts by the
Village of Tequesta for the business tax receipt and a penalty of two-hundred and fifty
dollars ($250.00) in accordance with Section 253.053(3), Florida Statutes. In total,
Respondent owes the Village of Tequesta Five Hundred Dollars ($500.00) 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, 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.
4. Case Number: 2012-00119
Charles Pfieffer
240 Fairway East
Tequesta, FL 33469
PCN: 60-42-40-62-01-000-2200
� Special Master Hearing
December 13, 2012
Page 4 of 7
Legal Description: TEQUESTA LT 220
Chapter 30 Article II Section 30-33; Prohibited Conditions
Chapter 78 Article IX Section 78-644; R1-A Violation
Chapter 78 Article IX Section 78-642; Parking of certain
Commercial vehicles prohibited in residential areas
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 Officer for the Village testified that Respondent is
progressing toward complete compliance. The Village has requested that this matter
be continued until the January 24, 2013 agenda. As such, no further findings shall be
made at this time.
The Special Magistrate ordered that this matter be continued to the January 24, 2013
agenda for further consideration and action at that time.
5. Case Number: 2012-00121
Eric Fritz
244 Fairway East
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-2190
Legal Description: TEQUESTA LT 219
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were the Respondent 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 December 13, 2012,
based on testimony presented by code enforcement officers, the property is in violation
of Section 30-33 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 landscape overgrowth.
Conclusions of law were that the above-stated facts constitute a violation of Section 30-
33 of the Code of Ordinances of the Village of Tequesta.
The Respondent is hereby ordered to comply with Section 30-33 of the Code of
Ordinances of the Village of Tequesta on or before December 28, 2012. If the
Respondent fails to achieve compliance on or before December 28, 2012, a daily Fine
of Seventy-five Dollars ($75.00) per day may be imposed for each day the violation
continues to exist.
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December 13, 2012
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If the Respondent fails to achieve compliance on or before December 28, 2012, it
further is ordered that the Village may abate the violation of Section 30-33 by taking
reasonable actions concerning the landscape overgrowth 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 landscape overgrowth again violates the Village
Code as documented in the code enforcement files for the property. Respondent also
was assessed $155.80 for administrative costs incurred by the Village prior to
December 13, 2012.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 24 day of January, 2013 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.
Forclosure Authorizations - None
Fine Reduction Hearings:
6. Case Number: 2012-00118
Alice Stark
116 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3180
Legal Description: TEQUESTA LT 318
Chapter 78 Article IX Section 78-644; R1-A Violation
Findings ofi fact were the Respondent, Alice Stark, was present at the hearing; there
was a finding that proper notice was given. The Town Code Inspector testified that the
property is now in compliance. The original Fine was assessed in the amount of Four
Thousand and Ninety-Two Dollars and Ninety-Seven Cents ($4,092.97).
Conclusions of law were that the Respondent is no longer in violation of Section 78-644
of the Code of Ordinances of the Village of Tequesta.
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The Special Magistrate ordered that the Respondent's fine be reduced to $1,187.40.
The Respondent was ordered to pay this reduced fine amount by June 13, 2013, or the
original penalty amount of $4,092.97 will automatically be reinstated.
7. Case Number: 2009-00148
Maney Leshay
387 Seabrook Road
Tequesta, FL 33469
PCN: 60-42-40-25-00-000-5050
Legal Description: 25-40-42, E 106 FT OF W 606 FT OF N
OF S 814.75 FT OF SE1/4 OF SE'/4 (LESS S 10 FT RD)
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were the Respondent, Maney Leshay, was present at the hearing; there
was a finding that proper notice was given. The Town Code Inspector testified that the
property is now in compliance. The original fine was assessed in the amount of Twenty-
Six Thousand and Sixiy-Eight Dollars and Fifty-Nine Cents ($26,068.59).
Conclusions of law were that the Respondent is no longer in violation of Section 30-33
of the Code of Ordinances of the Village of Tequesta.
It is the Order of the Code Enforcement Special Magistrate that the Respondent's fine
shall be reduced to $500.00. The Respondent is hereby ordered to pay this reduced
fine amount by February 13, 2013, or the original penalty amount of $26,068.59 will
automatically be reinstated.
Forclosure Authorizations - None
Fine Reduction Hearinqs - None
Minutes
Special Magistrate Wagner approved the minutes of the October 26, 2012 hearing.
AdL urnment
There being no further cases, the meeting was adjourned.
� Special Master Hearing
December 13, 2012
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RespectFully submitted,
Betty Laur
Recording Secretary
ATTEST:
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