HomeMy WebLinkAboutMinutes_Special Master_01/30/2013 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT EMERGENCY HEARING
MINUTES
January 30, 2013
PRESENT: Special Master Kevin Wagner, Code Enforcement Officer Joe Petrick, and
Village Attorney Jennifer Gardner Ashton.
The hearing was called to order �t 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 - None
Repeat Violation Hearinqs - None
Violation Hearinqs:
1. Case Number: 2013-000014
Vicente Ortiz
590 N. Dover Road
Tequesta, FL 33469
P C N : 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 Sec. 30-33. - Prohibited conditions.
Chapter 78 Article IX Sec. 78-585. - Child-resistant barrier required.
International Property Maintenance Code Sections:
302. - Exterior property areas.
302.1 Sanitation.
302.7 Accessory structures.
302.7.2 Swimming pools.
302.9 Defacement of property.
303. - E�erior structure.
303.1 General.
303.2 Proteetive treatment.
303.13 Window, skylight and door frames.
303.15 Doors.
305 Rubbish and Garbage
305.1 Accumulation of rubbish or garbage.
� Special Master Emergency Hearing
, January 30, 2013
Page 2 of 3
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. 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 January 30, 2013, and based on the
testimony and other evidence presented by the Code Enforcement Officer, the Special
Master found that the property is in violation of Sections 30-33 and 78-585 of the Code
of Ordinances of the �/illage of Tequesta, and that the property is in violation of
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. Such violations represent a serious
threat to the health, safety and welfare of the Village residents due to the presence of
conditions such as improper sanitation, broken windows and doors, garbage, rubbish
and debris and the lack of pool maintenance and security.
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.
The Special Master ordered that the Village may abate the violations of Section 30-33
and Section 78-585 of the Code of Ordinances of the Village of Tequesta; and the
violations of 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., by taking
reasonable actions to alleviate the dangerous conditions on the property pursuant to the
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 conditions on the property again violate the 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 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 fihat Respondent has timely brought his
property into compliance.
Forclosure Authorizations - None
Fine Reduction Hearinqs - None
, Special Master Emergency Hearing
, January 30, 2013
Page 3 of 3
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
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Betty Laur
Recording Secretary
ATTEST:
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Cod nforcement Officer
APPROVED:
Special Master Date Approved