HomeMy WebLinkAboutMinutes_Special Master_06/27/2013 VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
MINUTES
June 27, 2013
PRESENT: Special Magistrate 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 Magistrate:
Status Hearinqs — None
Fine Assessment Hearinqs
1. Case Number: 2013-0028
Tequesta Shoppes
Sweet's Bar and Grill
DDR South East Tequesta
Tequesta, FL 33469
P C N: 60-43-40-30-00-003-005 0
Legal Description:30-40-43, WLY 692.40 FT OF GOVLT 3
LYG E OF & ADJ TO SR 5(LESS N 200 FT, PB61 P32 &
PB65P103) & NLY 121.76 FT OF ELY 300
Chapter 30 Article X Section 30-361; Prohibited Noise
Generally
Chapter 78 Article IX Section 78-334: (Site Plan)
Application and review process
This case was withdrawn.
2. Case Number: 2013-00037
Wanda Blauvelt
83 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3450
Legal Description: TEQUESTA LT 345
International Property Maintenance Code
Chapter 3 Section 302.8; Motor Vehicles
This case was withdrawn.
Special Magistrate Hearing
June 27, 2013
Page 2 of 7
3. Case Number: 2013-00024
C-Breeze Holdings LLC
JM Culpepper
332 Leigh Road
Tequesta, FL 33469
P C N : 60-43-40-30-04-037-0010
Legal Description: JUPITER IN THE PINES SEC D IN
Chapter 10 Article II Section 10-34; Dogs Running at Large
This case was withdrawn.
4. Case Number: 2013-00035
Kay-Lynette Roca
285 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3840
Legal Description: TEQUESTA LT 384
Chapter 30 Article IV Section 30-113; Removal of
Prohibited Materials
Findings of fact were the Respondent, Kay-Lynette Roca, was not present at the
hearing; however, there was a finding of proper notice. By "Order Finding Violation and
Permitting Village Abatement" dated May, 2013, the Special Magistrate found health,
safety and welfare violations of Section 30-113 of the Code of Ordinances of the Village
of Tequesta. The Special Magistrate ordered the Respondent to comply with Section
30-113 on or before June 7, 2013, or be subject to a fine. If Respondent failed to
achieve compliance within that time frame, the Special Magistrate ordered that the
Village could abate 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 June
27, 2013, the Special Magistrate found that the Village had abated the violations so that
the property now was in compliance with Section 30-113.
Conclusions of law were that the above-stated facts constitute a violation of Section 30-
113 of the Code of Ordinances of the Village of Tequesta.
� �Special Magistrate Hearing
June 27, 2013
Page 3 of 7
It was the Order of the Special Magistrate that a fine of $600.00 be assessed at One
Hundred Dollars ($100.00) per day, for the violations which existed on the property from
June 8, 2013 through June 14, 2013, a period of six (6) days. It further was ordered by
the Special Magistrate that Respondent be assessed $200.00 in abatement costs and
$189.84 in administrative costs for the June 27, 2013 hearing. The Special Magistrate
also reaffirmed that Respondent be assessed $200.68 in administrative costs for the
May 23, 2013 hearing. Respondent's total fine was $1,190.52.
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.
5. Case Number: 2012-00062
TD Bank NA
4534 & 4546 County Line Road
Tequesta, FL 33469
PCN: 60-42-40-25-00-001-0030 &
60-42-40-25-00-000-1080
� Legal Description: 25-40-42, N 55298 FT OF E
280 FT OF NW'/4 K/A GOV LT 1(LESS N 190
FT OF E 150 FT & N 140 FT OF W 65 FT OF E 215 FT)
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 TD Bank NA is the owner of the above-described
property. The Special Magistrate has ordered that this matter be continued until the
July 25, 2013 agenda.
The Respondent was given the following notice: Please take notice that you must
appear at the Fine Assessment Hearing which will be held on the 25 day of July, 2013
at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469, unless the Code Enforcement Officer certifies that you have timely brought your
property into compliance.
� �pecial Magistrate Hearing
June 27, 2013
Page 4 of 7
6. Case Number: 2012-00079
Mikki and Doris Thomas
414 Cypress Drive Unit D
Tequesta, FL 33469
PCN: 60-43-40-30-34-001-0014
Legal Description: CYPRESS VILLAS UNIT D
BLD TR 1 OF PAR A
Chapter 30 Article II Section: 30-33; Prohibited Conditions
Findings of fact were the Respondents, Mikki and Doris Thomas, are the owners of the
above-described property. The Respondents were not present at the hearing;
however, there was a finding of proper notice. By "Order Finding Violation and
Granting Continuing Abatement" dated July, 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 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 June 27, 2013, the Special Magistrate found that the Village has
abated certain violations.
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.
It was the Order of the Special Magistrate that Respondents be assessed $520.00 in
abatement costs and $189.84 in administrative costs for the June 27, 2013 hearing, for
a total fine in the amount of $709.84.
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 Cases - None
Violation Hearinqs:
' Special Magistrate Hearing
June 27, 2013
Page 5 of 7
7. Case Number: 2013-00038
Silverio Darco
68 Willow Road
Tequesta, FL 33469
PC N : 60-43-40-30-06-000-0670
Legal Description: RIDGEWOOD HOMES SEC 2 IN
Chapter 30 Article II Section 30-33; Prohibited Conditions
Chapter 30 Article X Section 30-361; Prohibited Noise
Generally
Findings of fact were the Respondent, Silverio Darco, was present at the hearing and
was represented by Lee Sayler, Esq.; there was a finding of proper notice. Code
Enforcement Officer Joe Petrick and Sergeant David Cooper provided testimony and
evidence of the violation, as contained in the Village's evidentiary case file which was
accepted into evidence. Additionally, neighbor Lori Gigante offered testimony
concerning the violation.
Conclusions of law were that the above-stated facts constitute a violation of Sections
30-33 and 30-361 of the Code of Ordinances of the Village of Tequesta. The violations
are irreparable and irreversible in nature.
It was the Order of the Special Magistrate that a fine of One Thousand Dollars
($1,000.00) be assessed for the irreparable and irreversible violations that existed on
the property. It further is ordered that Respondent shall immediately cease and desist
from all further violations of Sections 30-33 and 30-361. If Respondent fails to achieve
compliance, Respondent shall be assessed a fine of Five Hundred Dollars ($500.00) for
each additional violation that is observed on the property. Respondent also was
assessed $198.68 for administrative costs incurred by the Village for the June 27, 2013
hearing.
Respondent was given the following notice: Please take notice that you must appear at
the Fine Assessment Hearing which will be held on the 25 day of July, 2013 at 10:00
a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469,
unless the Code Enforcement Officer certifies that your property is no longer in violation.
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.
' �pecial Magistrate Hearing
June 27, 2013
Page 6 of 7
Fine Reduction Hearinq
7. Case Number: 2009-000208 � 2009-00044
David Sperry
372 Franklin Road
Tequesta, FL 33469
PCN: 60-42-40-25-06-014-0030
Legal Description: JUPITER IN THE PINES SEC B
LT 3 BLK 114
Chapter 30 Article II Section 30-33; Prohibited Conditions
The Respondent, David Sperry, was present at the hearing; there was a finding of
proper notice. Mr. Sperry requested a reduction in the fines. The Village Code
Enforcement Officer testified that the property is now in compliance. The original fine
for Case No. 2009-000208 was assessed in the total amount of $63,652.69, and the
original fine amount for Case No. 2009-00044 was assessed in the total amount of
$726.68.
Conclusions of law were that the Respondent was no longer in violation of Section 30-
33 of the Code of Ordinances of the Village of Tequesta.
It was the Order of the Code Enforcement Special Magistrate that the Respondent's fine
be reduced to Three Thousand Dollars ($3,000.00). Respondent shall pay this reduced
fine amount of $3,000.00 within ninety (90) days from the date of this order, or the
original fine amounts of $63,652.69 and $726.68 shall automatically be reinstated.
Forclosure Authorizations - None
Minutes
Special Magistrate Wagner approved the minutes of the May 23, 2013 hearing.
Adiournment
There being no further cases, the meeting was adjourned.
" 'Speciai Magistrate Hearing
June 27, 2013
Page 7 of 7
RespectFully submitted,
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Betty Laur
Recording Secretary
ATTEST:
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Code nforcem Officer
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