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Home My WebLink AboutMinutes_Special Master_06/28/2012 VILLAGE OF TEQUESTA - SPECIAL MASTER CODE ENF4RCEMENT HEARING MINUTES June 28, 2012 PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, and �Ilage Attomey Jennifer Gardner Ashton. The hearing was cafled 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 Hearin�s: 1. Case Number: 2012-00041 Stephen and Linda Zampino 359 Riverside Drive Tequesta, FL 33469 PCN: 60-�2-40-25-00-007-0010 Legal Description: 25-40-42, WLY 192.11 FT OF N 110 FT OF S � 330 FT OF G4V LT 7 LYG E OF RIVERSIDE BLVD Chapter 30 Article II Section 30-32; Excessive Accumulations Prohibited; Declaration of a Nuisanc� Chapter 30 Article II Section 30-33; Prohibited Conditions This case was removed. REPEAT VIOLATION HEARINGS 2. Case Number: 2012-00070 Brian Tobin 266 Country Club Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-1620 Legal Description: TEQUESTA LT 162 Chapter 30 Article II Section 30-33; Prohibited Conditions June 28, 2012 Page 2 of 6 Findings of fact were the Respondent, Brian Tobin, was present at the hearing and there was a finding of proper nofice. Based upon evidence and testimony presented, the Special Magistrate finds that the Respondent was in violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta from June 12, 2092, through June 28, 2012, a period of seventeen (17) days, and that such violation continues to exist. This is a repeat violation of the same Village Code section from an "Order Finding Repeat Violation and Assessing Fine" dated December 1 Z, 2010. Conclusions of law were that based on the above-stated facts, Respondent was in repeat violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Ullage of Tequesta. Special Magistrate Wagner ordered that a Fine of Four Hundred and Twenty-Five Dollars ($425.00) be assessed at Tweniy-Five Dollars ($25.00) per day for this repeat violation, which existed on the property from June 12, 2012, through June 28, 2012, a period of seventeen (17) days, and such fine amount will continue to accrue at Twenty- Five Dollars ($25.00) per day until compliance is achieved. Respondent also was assessed the Village's administrative costs in the amount of $169.03. A cert�ed 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. VIOLATION HEARINGS 3. Case Number: 2012-00052 Lily Aizpu 72 Acom Circle Tequesta, FL 33469 PCN: 60-42-40-25-25-000-0250 Legal Description: TEQUESTA PINES LOT 25 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were #he Respondent, Lily Aizpu Estate, was represented at the hearing by Julie Hogan, Esq.; there was a finding of proper notice. Code Enforcement Ofificer 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 June 28, 2012 Page3of6 June 28, 2012, and based on the testimony presented by the code enforcement officer and the other witnesses, 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. Special Magistrate Wagner ordered the Respondent to comply with Section 30-33 of the Code of Ordinances of the Village of Tequesta on or before July 20, 2012. If #he Respondent fails to achieve compliance on or before July 20, 2012, a fine of up to Two Hundred and Fifty Dollars ($250.00) per day may be imposed for each day the violation continues to exist. Respondent also was assessed the �Ilage's administrative costs in the amount of $175.06. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 26�' day of July, 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 the property into compliance. 4. Case Number: 2012-00021 Rosalie Consiglio 370 Tequesta Drnre #200 Tequesta, FL 33469 PCN: 60-42-4Q-25-06-030-0060 Legal Description: JUPITER IN THE PINES SEC B LT 6 BLK 30 Chapter 70 Article II Section 70-43; Engaging in business without valid receipt; renewal of receipt, penalty for failure to ob#ain receipt or pay tax. Chapter 14 Article VI Section 14-152; Building Permits Chapter 14 Article VI Section 'i4-153; Plumbing Permits Chapter 14 Article VI Section 14-154; Elecfirical Permits Chapter 14 Article VI Section 14-152; Mechanical Permits This case was removed. 5. Case Number: 2012-00048 Briggitte Scharma 95 Fairview West Tequesta, FL 33469 June 28, 2012 Page 4 of 6 PC N : 60�42-40-26-01-000-4520 Legal Description: TEQUESTA LT 452 Chapter 78 Article IX Section 78-644; R1 A�olation Findings of fact were the Respondent, Briggitte Schrama, was present at the hearing; 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 June 28, 2012, and based on the testimony presented by the Code Enforcemenfi Officer, the property was in compliance with Section 78-644, but had not achieved compliance w�hin the time specified in the Notice of Violation. Conclusions of law were that the above-stated facts constitute a violation of Section 78- 644 of the Code of Ordinances of the �Ilage of Tequesta. Special Magistrate Wagner ordered the Respondent to continue to comply with Section 78-644 of the Code of Ordinances of the �Ilage of Tequesta. Should Respondent violate the same Section of the Code again, Respondent 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 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. 6. Case Idumber: 2012-00039 Jason and Staci Kresser 415 Beacon Street Tequesta, FL 33469 PCN: 60-42-40-25-06-022-0220 Legaf Description: JUPITER IN THE PINES SEC B LT 22 BLK 22 Chapter 78 Article IX Section 78-643; R1 �olation Findings of fact were the Respondents, Jason and Staci Kresser, were represented at the hearing by Jason Kresser; there was a finding of proper notice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the Vllage's evidentiary case file which was accepted into evidence. As of fihe hearing on June 28, 2012, and based on the testimony presented by the code enforcement oificer and the other witnesses, the property was not in compliance with Section 78-643. Conclusions of law were that the above-stated facts constitute a violation of Section 78- 643 of the Code of Ordinances of the �Ilage of Tequesta. June 28, 2012 Page 5 of 6 The Respondents were ordered to comply with Section 78-643 of the Code of Ordinances of the �Ilage of Tequesta on or before July 10, 2012. If the Respondents fail to achieve compliance on or before July 10, 2012, a fine of Twenty-five Dollars ($25.00) per day may be imposed for each day the violation continues to exist. Respondents also were assessed the �Ilage's administrative costs in the amount of $167.59. 7. Case Number: 2012-00061 Steven and Leslie Marentis 6 Yacht Club Place Tequesta, FL 33469 PCN: 60-42-40-35-24-000-003Q Legal Description: YACHT CLUB POINT ESTATES LTS 3& 3A & UND INT IN YACHT BASIN YACHT CLUB POINT ESTATES LTS 3� 3A & UND INT IN YACHT BASIN Chapter 78 Article IX Section 78-644; R1 A�olation This case was removed. Foreclosure Authorizations - None Fine Reduction Hearings - None Minutes Special Magistrate Wagner approved the minutes of the May 24, 2012 hearing. Adioumment There being no further cases, the meeting was adjoumed. RespectFully submitted, Betty Laur Recording Secretary June 28, 2012 Page 6 of 6 ATTEST: � e, ; �- C� Enforcement Officer �` ic: APPROVED.� -�_." J`; � ,,,,--- � . ,, . �, . , : ,� �, t � �'' r �,. � , �, -' , / / � � '"� � ; / / - , . , � / :� : .. � ,/ . ��., �---. _.., r._. — Special Ma�ter Date Approved �