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Home My WebLink AboutMinutes_Special Master_08/22/2013 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES August 22, 2013 PRESENT: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, and Village Attomey Jenn'rfer 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 Hearin�s — None � Fine Assessment Hearinqs 1. 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 �/a. K/A GOV LT 1(LESS N 190 FTOFE150FT&N140FTOFW65FTOFE215FT) Legal Description: 25-40-42, W 420 FT OF NW'/a. OF NE '/a (LESS S 779.63 Ff) Chapter 30 Article II Section 30-32; Excessive accumulations prohibited; declaration of nuisance This case was withdrawn. 2. 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 � Special Magistrate Hearing August 22, 2013 Page2of5 � 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 Abatemen�' 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 August 22, 2013, the Special Magistrate found that the Village had 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 $2,897.62 in abatement costs and $191.11 in administrative costs for the August 22, 2013 hearing, for a total fine in the amount of $3,088.73. 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. 3. Case Number: 2013-00038 Silverio Darco 68 Willow Road Tequesta, FL 33469 PCN: 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 This case was withdrawn. Repeat Violation Hearings - None Violation Hearinqs Special Magistrate Hearing August 22, 2013 Page 3 of 5 4. Case Number: 2013-00055 Robert and Beth Madden 19 Pine Hill Trail East Tequesta, FL 33469 I PCN: 60-42-40-25-25-000-0600 I Legal Description: TEQUESTA PINES LOT 60 '' IPMC Section 302.1 Sanitation IPMC Section 302.4 Weeds I IPMC Section 303.6 Exterior Walls IPMC Section 303J Roofs and Drainage Findings of fact were the Respondents, Robert and Beth Madden, are the owners of the above-described property. The Respondents 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 22, 2013, and based on the testimony and other evidence presented by the Code Enforcement Officer, the Special Magistrate found that the property was in violation of International Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.7. Such violations represent a serious threat to the health, safety and welfare of the Village residents due to the presence of conditions such as vermin, garbage, rubbish, debris and building deterioration. Conclusions of law were that the above-stated facts constitute a violation of Intemational Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.7. Respondents were ordered to comply with Intemational Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.7 on or before August 30, 2013. If the Respondents fail to achieve compliance on or before August 30, 2013, a daily fine of One Hundred Dollars ($100.00) per day may be imposed for each day the violation continues to exist. If the Respondents fail to achieve compliance on or before August 30, 2013, the Village may abate the violations of Intemational Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.7, 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, F/orida 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. Special Magistrate Hearing August 22, 2013 Page4of5 Respondents were also assessed $209.22 for administrative costs incurred by the Village prior to August 22, 2013. Notice was given to Respondents to appear at the Fine Assessment Hearing, which will be held on the 26 day of September, 2013 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. 5. Case Number: 2013-00010 SLO ML LLC Purple Dragon Karate Studio 150 US HWY 1 9&10 Tequesta, FL 33469 PC N : 60-43-40-30-00-003-0070 Legal Description: 30-40-43, SLY 718.76 FT OF NLVY 118.76 FT OF ELY 254.83 FT OF GOV LT 3 LYG W OF & ADJ TO US HWY 1 Chapter 78 Article XI Section 78-733 Permit Required; Applicability of Building and Electrical Codes 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 Village had requested that this matter be continued until the September 26, 2013 agenda. No further findings were made at this time. It was the Order of the Special Magistrate that this matter shall be continued to the September 26, 2013 agenda for further consideration and action at that time. Notice was given to Respondent to appear at the Violation Hearing which will be held on the 26 day of September, 2013, at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer cert'rfies that Respondent has timely brought its properly into compliance. Fine Reduction Hearinqs - None Forclosure Authorizations - None Special Magistrate Hearing August 22, 2013 Page 5 of 5 Minutes Special Magistrate Wagner approved the minutes of the June 27, 2013 hearing. Adiournment There being no further cases, the meeting was adjourned. Respectfully submitted, n ' ;�� Betty Laur Recording Secretary ATTEST: -� 1 ' ��"t�= Co Enforcement Officer _ .� APPROVED: - _,, - � ` /; /_ - -�I,�,� �� f , . -, � � _ . - Special Magistrate ` \ Date Approved � ��