HomeMy WebLinkAboutMinutes_Special Master_06/30/2011 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
June 30, 2011
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 Hearin�s - None
Fine Assessment Hearin4s
1. Case Number: 2011-00056
Brian Tobin
266 Country Club Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-1620
Legal Description: TEQUESTA LT 162
Chapter 14 Article VI Section 14-152; Building Permits
This case was withdrawn.
2. Case Number: 2011-00077
Bogland Tavems Inc.
Frank Gillespie and Brendan Grace
187 Tequesta Drive
Tequesta, FL 33469
PCN: 60-43-40-30-42-002-0000
Legal Description: TEQUESTA OAKS TR B
Chapter 78 Article XI Section 78-744; Unsafe, Unlawful or
Nonconfprming Signs
June 30, 2011
Page 2 of 5 .
Findings of fact were that the Respondent was not present at the hearing;
however, there was a finding of proper notice. By the uOrder Finding Violation"
dated June 2, 2011, the Special Magistrate ordered the Respondent to comply
with Section 78-744 of the Code of Ordinances of the Village of Tequesta on or
before June 29, 2011, or be subject to a fine. Based upon the evidence and
testimony presented at the hearing on June 30, 2011, the Special Magistrate
found that Respondent failed to comply on or before June 29, 2011.
Conclusion of law was the above-stated facts constitute a violation of Section 78-
744 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered that a Fine of One Hundred Dollars
($100.00) be assessed, at One Hundred Dollars ($100.00) per day, for the
violations which existed on the property beginning on June 30, 2011, a period of
one (1) day, and such amount will continue to accrue at One Hundred Dollars
($100.00) per day until compliance is achieved. The Special Magistrate further
ordered that Respondent shall be assessed $280.78 in administrative costs for
the June 30, 2011 hearing. The Special Magistrate also reaffirmed that
Respondent shall be assessed $303.81 in administrative costs for the May 26,
2011 hearing.
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. Should a dispute arise concerning compliance,
either party may request a hearing before the Code Enforcement Special
Magistrate on the issue of compliance only.
A cert'rfied 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 Respondent, pursuant to Chapter 162, Florida Statutes.
3. Case Number: 2010-000103
JMZ Properties (Connor Moran Wellness Center)
John Zuccarelli
1 Main Street #101
Tequesta, FL 33469
PC N : 60-43-40-30-47-004-0000
Legal Description: TEQUESTA VILLAGE CENTER PAR 4
Chapter 14 Article VI Section 14-152; Building Permits
June 30, 2011
Page 3 of 5
Chapter 14 Article VI Section 14-157; Double fee for jobs
started without a permit
The Respondent was represented at the hearing by Donna Kramer. There was a
finding of proper notice. By the "Order Finding Violation" dated April 30, 2011,
the Special Magistrate ordered the Respondent to comply with Sections 14-152
and 14-157 on or before June 29, 2011, or be subject to a fine. Specifically,
Respondent was ordered to apply for and obtain a building permit for the work
done, provide the Building Official for the Village of Tequesta sealed plans from a
licensed architect or engineer for the work done, and meet all other requirements
of the Building Official for the Village of Tequesta. Based upon the evidence and
testimony presented at the hearing on June 30, 2011, the Special Magistrate
found that Respondent applied for a permit in a timely manner, but failed to
obtain the permit on or before June 29, 2011.
Conclusion of law was the above-stated facts constitute a violation of Sections
14-152 and 14-157 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered that this matter be tabled until July 28, 2011.
Repeat Violation Hearinas - None
Violation Hearin�s
4. Case Number: 2011-00060
Stephen Walker
315 River Drive
Tequesta, FI 33469
PCN: 60-42-40-26-01-000-0800
Legal Description: TEQUESTA LT 80
Chapter 10 Article I Section 10-8; Animals Creating a Nuisance
This case was withdrawn.
5. Case Number: 2011-00057
Alice Stark
116 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3180
Legal Description: TEQUESTA LOT 318
Chapter 78 Article IX Section 78-644; R1-A Violation
June 30, 2011
Page 4 of 5
The Respondent Alice Stark was present at the hearing; there was a finding of
proper notice. Code Enforcement Officer Joe Petrick provided testimony and
evidence of the violations, as contained in the Village's evidentiary case file
which was accepted into evidence. As of the hearing on June 30, 2011, based
on testimony presented by the code enforcement officer, the property was not in
compliance with Section 78-644 of the Code of Ordinances of the Village of
Tequesta.
Conclusion of law was the above-stated facts constitute a violation of Section 78-
644 of the Code of Ordinances of the Village of Tequesta.
Special Magistrate Wagner ordered Respondent to comply with Section 78-644
of the Code of Ordinances of the Village of Tequesta on or before July 11, 2011.
If the Respondent fails to achieve compliance on or before July 11, 2011, a daily
Fine of Fifty Dollars ($50.00) per day may be imposed for each day the violation
continues to exist.
Respondent also was assessed $279.78 for administrative costs incurred by the
Village prior to June 30, 2011.
Notice was given to Respondent she must appear at the Fine Assessment
Hearing which will be held on the 28�' day of July, 2011 at 10:00 a.m. at Village
Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless
the Code Enforcement Officer certifies that she has timely brought her property
into compliance.
Should a dispute arise conceming compliance, either party may request a
hearing before the Code Enforcement Special Magistrate on the issue of
compliance only.
Foreclosure Authorizations - None
Fine Reduction Hearinas - None
Minutes
Special Magistrate Walker approved the minutes of the May 27, 2011 hearing.
Adiournment
There being no further cases, the meeting was adjourned.
I
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June 30, 2011
Page 5 of 5
Respectfully submitted,
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Betty L ur
Recording Secretary
ATTEST:
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C e Enforceme,nt=flfficer
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APPROVfD . � � �, � ���
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Special Ma�fer Date Approved