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HomeMy WebLinkAboutMinutes_Special Master_09/27/2012 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES September 27, 2012 PRESENT: Special Master Kevin Wagner, Code Enforcement Officer Joe Petrick, and Village Attomey 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 Master: Status Hearinqs — None Fine Assessment Hearinqs 1. Case Number: 2012-00092 Deborah Kresser 423 Beacon Street Tequesta, FL 33469 PC N : 60-42-40-25-06-022-0240 Legal Description: JUPITER IN THE PINES SEC B LT 24 BLK 22 Chapter 14 Article VI Section 14-152; Building Permits Findings of fact were that the Respondent is the owner of the above-described property. The Respondent was represented at the hearing by Eric Kresser; there was a finding of proper notice. The Code Compliance Officer for the Village testified that Respondent is progressing toward complete compliance. The Village requests that this matter be continued until the October 25, 2012 agenda. Special Magistrate Wagner ordered the Respondent to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta on or before October 22, 2012. If the Respondent fails to achieve compliance on or before that date, a Fine of Fifiy Dollars ($50.00) per day may be imposed for each day the violation continues to exist. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 25 day of October, 2012 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 their property into compliance. 2. Case Number: 2012-00084 John and Kimm Dwyer Special Master Hearing September 27, 2012 Page 2 of 7 210 Golfview Drive Tequesta, FL 33469 Legal Description: TEQUESTA IN PB PGS 7 TO 15 INC Chapter 78 Article IX Division 4 Section 78-400; Landscape plans Findings of fact were the Respondents, John and Kimm Dwyer, 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 the "Order Finding Violation" dated August 27, 2012, the Special Magistrate ordered the Respondents to comply with Section 78-400 of the Code of Ordinances of the Village of Tequesta on or before September 24, 2012, or be subject to fine. Based upon the evidence and testimony presented at the hearing on September 27, 2012, the Special Magistrate found that the property remained in violation of Section 78-400. Conclusions of law were that the above-stated facts constitute a continuing violation of Section 78-400 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of One Hundred and Fifty Dollars ($150.00) be assessed, at Fifty Dollars ($50.00) per day, for the violations which have existed on the property beginning from September 25, 2012 through September 27, 2012, a period of three (3) days, and the fine amount shall continue to accrue at F'ifty Dollars ($50.00) per day until compliance is achieved. It further was the Order of the Special Magistrate that Respondents be assessed $192.40 in administrative costs for the September 27, 2012 hearing. The Special Magistrate also reaffirmed that Respondents shall be assessed $274.80 in administrative costs for the August 23, 2012 hearing. 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 properly 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: 2012-000101 John and Ann La Comb 380 Church Road Tequesta, FL 33469 Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 32 Chapter 30 Article II Section 30-32; Excessive Accumulations: Declaration of a Nuisance Special Master Hearing September 27, 2012 Page 3 of 7 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-585; Child Restraint Barrier Findings of fact were the Respondents, John and Ann LaComb, are the owners of the above-described property. The Respondents were represented at the hearing by John LaComb; there was a finding of proper notice. By "Order Finding Violation and Granting Continuing Abatemen�' dated June of 2010, the Special Magistrate found health, safety and welfare violations of Sections 30-32, 30-33 and 78-585 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 properly at a later date. Based upon the evidence and testimony presented at the hearing on September 27, 2012, the Special Magistrate found that the Village abated the violations on May 14, 2012 and August 8, 2012, so that the property now is in compliance with Sections 30-32, 30-33 and 78-585. Conclusions of law were that the above-stated facts constitute a violation of Sections 30-32, 30-33 and 78-585 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that Respondents be assessed Three Thousand Five Hundred and Twenty Dollars ($3,520.00) in abatement costs and $187.40 in administrative costs for the September 27, 2012 hearing. 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 Hearings - None Violation Hearinqs 4. Case Number: 2012-00095 Francine Garis 439 Beacon Street Tequesta, FL 33469 Legal Description: JUPITER IN THE PINES SEC B LT 28 BLK 22 Chapter 30 Article II Section 30-33; Prohibited Conditions Special Master Hearing September 27, 2012 Page 4 of 7 This case was removed. 5. Case Number: 2012-00111 Robert June 15 Hemlock Lane Tequesta, FL 33469 Legal Description: TEQUESTA PINES LT 197 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent, Robert June, 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 �Ilage's evidentiary case file which was accepted into evidence. As of the hearing on September 27, 2012, and based on the testimony presented by the Code Enforcement Officer, the property was not in compliance with Section 30-33. Conclusions of law were that the above-stated facts constitute a violation of Section 30-33 of the Code of Ordinances of the �Ilage of Tequesta. The Respondent was ordered to comply with Section 30-33 of the Code of Ordinances of the Village of Tequesta on or before October 15, 2012. If the Respondent fails to achieve compliance on or before October 15, 2012, a Fine of Seventy-Five Dollars {$75.00) per day may be imposed for each day the violation continues to exist. Respondent also was assessed the Village's administrative costs in the amount of $198.80. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 25 day of October, 2012 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 his property into compliance. 6. Case Number: 2012-00072 CT Corporation System 22 Shay Place Citimortgage Inc. Tequesta, FL 33469 Legal Description: 25-40-42, S 130 FT OF N 390 FTOF E 79.37 FT OF W 238.12 FT OF NE 1/4 OF SE 1/4 (LESS N 10FT SHAY PL R/W) Chapter 30 Article II Section 30-33; Prohibited Conditions Special Master Hearing September 27, 2012 Page5of7 Findings of fact were the Respondent, Citimortgage, Inc., 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. Neighbor Betty Nagy also provided testimony as to the condition of the property. As of the hearing on September 27, 2012, and based on the testimony presented by the Code Enforcement Officer and Ms. Nagy, the property was not in compliance with Section 30-33. 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. The Respondent was ordered to comply with Section 30-33 of the Code of Ordinances of the Village of Tequesta on or before October 15, 2012. If the Respondent fails to achieve compliance on or before October 15, 2012, a Fine of One Hundred Dollars ($100.00) per day may be imposed for each day the violation continues to exist. Respondent also was assessed the Village's administrative costs in the amount of $201.80. Notice was given to Respondent to appear at the Fine Assessment Hearing which will be held on the 25�' day of October, 2012 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 their property into compliance. Order Findina Violation and Permittinq Continuinq VillaQe Abatement Case Number: 2012-00072 CT Corporation System 22 Shay Place Citimortgage Inc. Tequesta, FL 33469 Legal Description: 25-40-42, S 130 FT OF N 390 �OF E 79.37FfOFW238.12FTOFNEI/40FSE1/4(LESSN 10FT SHAY PL R/W) Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent, Citimortgage, Inc., 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. Neighbor Betty Nagy also Special Master Hearing September 27, 2012 Page 6 of 7 provided testimony as to the condition of the property. As of the hearing on September 27, 2012, and based on the testimony and other evidence presented by the Code Enforcement Officer and Ms. Nagy, the Special Magistrate finds that the property is in violation of Section 30-33 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 tree and landscape overgrowth, the fence being in disrepair and the pool being unsecured. 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 hereby ordered by the Special Magistrate that the Village may abate the violation of Section 30-33 after October 15, 2012, by taking reasonable actions conceming the tree and landscape overgrowth, the fence and the pool 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, 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 properly 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 tree and landscape overgrowth, the fence and the pool again violate Village Code as documented in the code enforcement files for the property. Notice was given to Respondent to appear at the Fine Assessment Hearing for the Village's Abatement Costs, which will be held on the 25 day of October, 2012 at 10:00 a.m, at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33�469, unless the Code Enforcement Officer has certified that Respondent has timely brought their property into compliance. 7. Case Number: 2012-00108 Florida National Mortgage Association 3 River Drive Tequesta, FL 33469 Legal Description: TEQUESTA REPL OF PT LT 5 Chapter 30 Article II Section 30-33; Prohibited Conditions This case was removed. Forclosure Authorizations - None Special Master Hearing September 27, 2012 Page 7 of 7 Fine Reduction Hearinqs - None Minutes Special Magistrate Wagner approved the minutes of the August 24, 2012 hearing. Adiournment There being no further cases, the meeting was adjourned. Respectfully submitted, � �:��i;� �., ` C._-�:r�-f�-_- . Betty La r Recording Secretary ATTEST: , ,� � ,� Coct�Enforcement Officer __ _� ;� �'% i � APPROVED: ' � ' �'l.� l _ � i - �f / /r -- i �- )� { '�' Spe�ial Master Date Approved / � .�