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Home My WebLink AboutMinutes_Special Master_04/25/2013 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES April 25, 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 wras 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&ADJTOUSHWYI Chapter 78 Article IX Section 78-733; Permit required; applicability of building and electrical codes This case was dismissed. 2. Case Number: 2012-00080 Kathleen Davis 347 Country Club Drive Tequesta, FL 33469 � PCN: 60-42-40-26-01-000-1300 Legal Description: TEQUESTA LT 130 International Property Maintenance Codes: 303.1 Exterior Structure 303.5 Doors This case was dismissed. Special Master Hearing April 25, 2013 Page 2 of 5 REPEAT VIOLATION HEARINGS 3. Case Number: 2012-00079 Doris and Mikki 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, Doris and Mikki Thomas, were not present at the hearing; however, there was a finding of proper notice. Based upon the evidence and testimony presented, the Special Magistrate found that the Respondents have been in violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta from April 5, 2013, through April 25, 2013, a period of iwenty-one (21) days, and that the violation continues to exist. This is a repeat violation of the same Village Code section from an "Order Assessing Finefl dated August 27, 2012. Conclusions of law were that based on the above-stated facts, Respondents were in repeat violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of Five Hundred and Twenty-five Dollars ($525.00) be assessed at Twenty-five Dollars ($25.00) per day for this repeat violation, which existed on the property from April 5, 2013, through April 25, 2013, a period of twenty-one (21) days, and such fine amount shall continue to accrue at Twenty-five Dollars ($25.00) per day until compliance is achieved. Respondents also were assessed the Village's administrative costs in the amount of $244.40. 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, F/orida Statutes. VIOLATION HEARINGS 4. Case Number: 2013-00028 Tequesta Shoppes Sweet's Bar and Grill Special Master Hearing April 25, 2013 Page 3 of 5 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 properly. The shopping center is known as the Tequesta Shoppes and the business in violation is Respondent Sweet's Bar and Grill. The Respondent, DDR South East Tequesta, LLC, was not present at the hearing; however, there was a finding of proper notice. The Respondent Sweet's Bar and Grill was represented at the hearing by the owner ponna Sweet and its General Manager. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the �Ilage's evidentiary case file which was accepted into evidence. Village of Tequesta Police Officer Kurt Blanc and neighbors James Roy and Michael Bills also offered testimony of the violation. As of the hearing on April 25, 2013, based on the testimony and evidence presented, the property was not in compliance v►rith Section 30-361 (prohibited noise). The property was in compliance with Section 78-334 (site plan requirements), but had not achieved compliance within the time specified in the Notice of volation. Conclusions of law were the above-stated facts constituted a violation of Sections 30-361 and 78-334 of the Code of Ordinances of the �Ilage of Tequesta. The Respondents were ordered to continue to comply with Section 78-334 of the Code of Ordinances of the Village of Tequesta (site plan requirements). The Respondents further were ordered to comply with Section 30-361 of the Code of Ordinances of the V"illage of Tequesta (prohibited noise) within seven (7) days or by May 2, 2013. If the Respondents fail to achieve compliance on or before May 2, 2013, a daily Fine of Two Hundred and Fifty Dollars ($250.00) per day may be imposed for each day the violation continues to exist. The Respondents also were assessed $262.40 for administrative costs incurred by the Village prior to April 25, 2013. Respondents were ordered to appear at the Fine Assessment Hearing which will be held on the 23`� day of May, 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. Should Respondents violate the same Section of the Code again, they 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 Special Master Hearing April 25, 2013 Page 4 of 5 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. 5. Case Number: 2013-00024 C-Breeze Holdings LLC 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 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 Respondent had requested that this matter be continued until the May 23, 2013 agenda. The Village had no objection to this request for a continuance. As such, no further findings were made at this hearing. The Special Magistrate ordered that this matter be continued to the May 23, 2013 agenda for further consideration and action at that time. Respondent was ordered to appear at the Violation Hearing which will be held on the 23� day of May, 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 Respondent's property into compliance. Forclosure Authorizations - None Fine Reduction Hearinas - None Minutes Special Magistrate Wagner approved the minutes of the March 28, 2013 hearing. Adiournment There being no further cases, the meeting was adjourned. Special Master Hearing April 25, 2013 Page5of5 Respectfully submitted, � � =—= �.�i,: v'�i .�.-�vJ� Betty Laur Recording Secretary ATTEST: � '^� ,� '�?--a_, Ca Enforcement Officer .---, APPROVED:" �� ;� ,� ,f /" % i j %'.�� ---��+ ``_ ; .1 �' u . ,�1 ` � ✓„' Special Master Date Approved