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Home My WebLink AboutMinutes_Special Master_02/28/2013 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES February 28, 2013 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: 2012-00143 SLO ML LLC (Snooty Hooty's ) 150 US HWY 1 #22C Tequesta, FL 33469 PC N : 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 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 Code Compliance Officer for the Village testified that Respondent is progressing toward complete compliance. The Villa�e requests that this matter be continued until the March 28, 2013 agenda. The Special Master ordered Respondent to appear at the Fine Assessment Hearing which will be held on the 28 day of March, 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. 2. Case Number: 2012-00119 Charles Pfieffer ' Special Master Hearing February 2$, 2013 Page 2 of 7 240 Fairway East Tequesta, FL 33469 PCN: 60-42-40-62-01-000-2200 Legal Description: TEQUESTA LT 220 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-644; R1-A Violation Findings of fact were the Respondent, Charles Pfeiffer, 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," the Special Magistrate ordered the Respondent to comply with the violations of Section 30-33 and Section 78- 644 of the Code of Ordinances of the Village of Tequesta on or before February 26, 2013, or be subject to fine. Based upon the evidence and testimony presented at the hearing on February 28, 2013, the Special Magistrate found that the property is still in violation of Section 30-33 and Section 78-644. Conclusions of law were the above-stated facts constitute a violation of Section 30-33 and Section 78-644 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that a Fine of One Hundred Dollars ($100.00) be assessed at Fifty Dollars ($50.00) per day, for the violations which existed on the property from February 27, 2013 through February 28, 2013, a period of two (2) days, and the fine amount shall continue to accrue at Fifty Dollars ($50.00) per day until compliance is achieved. The Special Magistrate further ordered that Respondent shall be assessed $195.40 in administrative costs for the February 28, 2013 hearing. The Special Magistrate also reaffirmed that Respondent shall be assessed $183.52 in administrative costs for the January 24, 2013 hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach Counfiy, 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. 3. Case Number: 2012- 00122 Franklin and Amy Taylor 249 Golfview Drive Tequesta, FL 33469 P C N : 60-42-40-26-01-000-3750 Legal Description: TEQUESTA LT 375 Chapter 14 Article VI Section 14-152; Building Permits ' Special Master Hearing ` February 28, 2013 Page3of7 Findings of fact were the Respondents are the owners of the above-described property. The Respondents were not present at the hearing; however, there was a finding of proper notice. The Village requested that the case be dismissed and the prior Order Finding Violation be vacated. The Special Magistrate ordered that this case be dismissed and that the prior Order Finding Violation dated December 19, 2012, be vacated. 4. Case Number: 2013-00014 Vicente Ortiz 590 N. Dover Road Tequesta, FL 33469 PCN; 60-42-40-25-06-016-0300 Legal Description: JUPITER IN THE PINES SEC B E 20 FT OF LT 30 ALL LT 31 BLK 16 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-585; Child Restraint Barrier Required International Property Maintenance Codes Section 302; Exterior Property Areas 302.1; Sanitation, 302.7 Accessory Structures, 302.7.2; Swimming Pools, 302.9; Defacement of Property Section 303; E�erior Structure 303.1; General, 303.2; Protective Treatment 303.13; Window, Skylight and Door Frames, 303.15; Doors Section 305; Rubbish and Garbage 305.1; Accumulation of Rubbish and Garbage Findings of fact were the Respondent, Vicente Ortiz, is the owner of the above- described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. Realtor Marion Grigsby appeared on behalf of the bank. By "Order Finding Violation and Granting Continuing Abatement" dated January 30, 2013, the Special Magistrate found health, safety and welfare violations of Sections 30- 33 and 78-585 of the Code of Ordinances of the Village of Tequesta and International Property Maintenance Code Sections 302, 302.1, 302.7, 302.7.2, 302.9, 303, 303.1, 303.2, 303.13, 303.15, 305, and 305.1, and permitted the abatement of these violations. 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 February, 2013, the Special Magistrate found ' Special Master Hearing � February 28, 2013 Page 4 of 7 that the Village abated the violations so that the property now is in compliance with Sections 30-33 and 78-585 of the Code of Ordinances of the Village of Tequesta and International Property Maintenance Code Sections 302, 302.1, 302.7, 302.7.2, 302.9, 303, 303.1, 303.2, 303.13, 303.15, 305, and 305.1. Conclusions of law were the above-stated facts constitute a violation of Sections 30-33 and 78-585 of the Code of Ordinances of the Village of Tequesta and International Property Maintenance Code Sections 302, 302.1, 302.7, 302.7.2, 302.9, 303, 303.1, 303.2, 303.13, 303.15, 305, and 305.1 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that Respondent be assessed $1,125.00 in abatement costs and $193.40 in administrative costs for the February 28, 2013 hearing, for a total fine in the amount of $1,318.40. 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 - None Violation Hearinqs 5. Case Number: 2013-000008 Danny Mingle 305 Country Club Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2130 Legal Description: TEQUESTA IN PB 25 PGS 7 TO 15 INC Chapter 78 Article IX Section 78-644; R1-A Violation Findings of fact were the Respondent, Danny Mingle, 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 February 28, 2013, and based on the testimony presented by the Code Enforcement Officer, the , ' Special Master Hearing February 28, 2013 Page5of7 property was in compliance with Section 78-644, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of law were the above-stated facts constitute a violation of Section 78-644 of the Code of Ordinances of the Village of Tequesta. The Special Master ordered the Respondent to continue to comply with Section 78-644 of the Code of Ordinances of the Village of Tequesta. Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to 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. 6. Case Number: 2013-000012 Tequesta Investors LP Smoke Inn 281 US Highway 1 Tequesta, FL 33469 PC N : 60-43-40-30-05-000-0901 Legal Description: WATERWAY VILLAGE LOT A Chapter 78 Article XI Section 78-733; Permit Required; Applicability of building and electrical codes. 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 was progressing toward complete compliance. The Village has requested that this matter be continued until the March 28, 2013 agenda. As such, no further findings shall be made at this time. The Special Magistrate ordered that this matter shall be continued to the March 28, 2013 agenda for further consideration and action at that time. 7. Case Number: 2013-000016 Tequesta Investors LP Harlow in Paris 223 US Highway 1 Tequesta, FL 33469 , � Special Master Hearing February 28, 2013 Page 6 of 7 PCN: 60-43-40-30-05-000-0901 Legal Description: WATERWAY VILLAGE LOT A Chapter 78 Article II Section 70-43; Engaging in business Without valid receipt; renewal of receipt: penalty for Failure to obtain a receipt or pay tax. Findings of fact were the Respondent, Tequesta Investors LP (Harlow in Paris), was represented at the hearing by Victor and Peggy Spivey; 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 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. Pursuant to Section 205.053, Florida Statutes, Respondent is delinquent in the payment of the required business tax of One Hundred Dollars ($100.00); and has been assessed the delinquency penalty of up to iwenty-five percent (25%) of the tax due or Twenty-five Dollars ($25.00). Respondent currently owes the Village of Tequesta One Hundred and Twenty-five Dollars ($125.00) (tax due plus delinquency penalty). The Special Master ordered the Respondent to pay this total fine amount within thirty (30) days from the date of this Order. Forclosure Authorizations - None Fine Reduction Hearinqs - None Minutes Special Magistrate Wagner approved the minutes of the January 24, 2013 hearing. Adjournment There being no further cases, the meeting was adjourned. , � " Special Master Hearing February 28, 2013 Page 7 of 7 Respectfuliy submitted, �, ' _ � r , _ � � _,r�-�. `� � Betty Laur �� Recording Secretary ATTEST: �. ( . .- O �- . ., .� ' � ��'_' .._�..�J Coc�e Enforcement Officer � � ,�; j ,, APPROVED: 'r 1 �1 � . . ;' ; d- _�...._.��_ �� I , � Special Master Date Approved l,: �'�