HomeMy WebLinkAboutMinutes_Special Master_05/23/2013 VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
MINUTES
May 23, 2013
PRESEIVT: 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
Speciai Magistrate Kevin Wagner.
The following cases were heard by the Special Magistrate:
Status Hearinqs — None
Fine Assessment Hearin�s:
1. Case Number: 2013-0028
Tequesta Shoppes
Sweet's Bar and Grill
DDR South East Tequesta
Tequesta, FL 33469
PCN: 60-43-40-30-00-003-0050
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
Findings of fact were the Respondent DDR South East Tequesta, LLC is the owner of
the above-described property. The shopping center is known as the Tequesta Shoppes
and the business in violation is Respondent Sweet's Bar and Grill. The Respondent
SweeYs Bar and Grill was represented at the hearing by owner Bruce Sweet. The
Special Magistrate has ordered that this matter be continued until the June 27, 2013
agenda.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 27 day of June, 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 Respondent's property into compliance.
Special Magistrate Hearing
May 23, 2013
Page 2 of 5
Repeat Violation HearinQS - None
Violation Hearinas
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
Intemational Property Maintenance Code
Chapter 3 Section 302.8; Motor Vehicles
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 May 23, 2013, based on
testimony presented by the Code Enforcement Officer, the property was not in
compliance with Intemational Property Maintenance Code Section 302.8.
Conclusions of law were the above-stated facts constitute a violation of Intemational
Property Maintenance Code Section 302.8.
The Respondent was ordered to comply with Intemational Property Maintenance Code
Section 302.8 on or before June 7, 2013. If the Respondent fails to achieve compliance
on or before June 7, 2013, a daily fine of Twenty-five Dollars ($25.00) per day may be
imposed for each day the violation continues to exist.
Respondent also was assessed $204.68 for administrative costs incurred by the Village
prior to May 23, 2013.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 27�' day of June, 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 Respondent's property into compliance.
3. Case Number: 2013-00024
C-Breeze Holdings LLC
Special Magistrate Hearing
May 23, 2013
Page 3 of 5
JM Culpepper
332 Leigh Road
Tequesta, FL 33469
PC 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
Findings of fact were the Respondent was present at the hearing; there was a finding of
proper notice. Additionally, tenant Shawn McCarthy was present and provided
testimony conceming the violation. Code Enforcement Officer Joe Petrick also
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 May 23,
2013, based on testimony presented by the Code Enforcement Officer, the property was
not in compliance with Section 10-34 of the Code of Ordinances of the Village of
Tequesta.
Conclusions of law were the above-stated facts constitute a violation of Section 10-34 of
the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered Respondent to comply with Section 10-34 of the
Code of Ordinances of the Village of Tequesta immediately. If the Respondent fails to
achieve compliance, a daily fine of up to Two Hundred and F'rfty Dollars ($250.00) per
day may be imposed for each day the violation continues to exist.
Respondent also was assessed $202.68 for administrative costs incurred by the Village
prior to May 23, 2013.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 27 day of June, 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 Respondent's property into compliance.
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
Special Magistrate Hearing �
May 23, 2013
Page 4 of 5
Findings of fact were the Respondent, Kay-Lynette Roca, 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 May 23,
2013, and based on the testimony and other evidence presented by the Code
Enforcement Officer, the Special Magistrate found that the property is in violation of
Section 30-113 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 presence of large amounts of loose gravel on the property.
Conclusions of law were the above-stated facts constitute a violation of Section 30-113
of the Code of Ordinances of the Village of Tequesta.
Respondent was ordered to comply with Section 30-113 of the Code of Ordinances of
the Village of Tequesta on or before June 7, 2013. If the Respondent fails to achieve
compliance on or before June 7, 2013, a fine of One Hundred Dollars ($100.00) per day
may be imposed for each day the violation continWes to exist.
The Special Magistrate ordered that the Village may abate the violation of Section 30-
113 after June 7, 2013, by taking reasonable actions concerning the loose gravel 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 will not create any liabil'rry against the Village for any
damages to the property as a result of such good faith repairs or actions. The Village
also may later request additional fines in order to recover the costs of these abatement
activities by the Village. The Respondent was ordered to continue to comply with
Section 30-113 of the Code of Ordinances of the Village of Tequesta once abatement
has been accomplished.
Respondent also is assessed the Village's administrative costs in the amount of
$200.68.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 27�' day of June, 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 Respondent's property into compliance.
5. Case IVumber: 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
Special Magistrate Hearing
May 23, 2013
Page 5 of 5
Chapter 30 Article X Section 30-361; Prohibited Noise
Generally
This case was withdrawn.
Forclosure Authorizations - None
Fine Reduction Hearinqs - None
Minutes
Special Magistrate Wagner approved the minutes of the April 25, 2013 hearing.
Adiournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
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Betty Laur
Recording Secretary
ATTEST:
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Co�nforcement Officer
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APPROVED: �?
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Special Magistrate Date Approved
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