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HomeMy WebLinkAboutMinutes_Special Master_09/26/2013 . ` VILLAGE OF TEQUESTA SPECIAL MAGISTRATE COQE ENFORCEMENT HEARING MINUTES September 26, 2013 PRESENT: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, and �Ilage Attomey Jennifer Gardner Ashton. The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by Special Mag'r�`Cr`ate Kevin Wagner. The #ollowi�ng cases were heard by the Special Magistrate: �tatus Hearinqs — None �I�e Assessment HearinAs 1. Case Number: 2013-00055 Robert and Beth Madden 19 Pine Hill Trail East Tequesta, FL 33469 PCN: 60-42-40-25-25-000-0600 Legal Description: TEQUESTA PINES LOT 60 IPMC Section 302.1 Sanitation IPMC Section 302.4 Weeds IPMC Section 303.6 Exterior Walls IPMC Section 303.7 Roofs and Drainage Findings of fact were the Respondents are the owners of the above-described property. The Respondents were not present at the hearing; however, there was a finding of proper notice. The Village has requested that this matter be continued until the December 12, 2013 agenda. No further findings shall be made at this time. It was the Order of the Special Magistrate that this matter be continued to the December 12, 2013 agenda for further consideration and action at that time. Notice was given to Respondents that they must appear at the Fine Assessment Hearing which will be held on the 12 day of December, 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. Repeat �olation Hearings ' Special Magistrate Hearing September 26, 2013 Page 2 of 10 2. Case Number: 2013-00071 Charles Pfeiffer 240 Fairway East Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2200 Legal Description: Tequesta Lot 220 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. Code Enforcement OfFcer Joe Petrick testified to the existence of the repeat vio(ation. In addition, the following persons all testified to witnessing a minimum of six (6) different violations that occurred on different dates over the course of the past year: Mark Badertscher, Nancy Johnston, Jane Swain, John Rhitz and Tom Raiford. Further, the evidentiary case file contains multiple vvritten witness statements from some of the above individuals. Conclusions of law were that based on the above-stated facts, Respondent was in repeat violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta on six (6) separate and distinct occasions. It was the Order of the Special Magistrate that a Fine of Five Hundred Dollars ($500.00) be assessed for each of the six (6) separate repeat violations, for a total fine of Three Thousand Dollars ($3,000.00). Respondent also was assessed the Village's administrative costs in the amount of $186.00. Notice was given to Respondent that if he violated the same Section of the Cbde again, he may be subject to additional fines of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was 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 had been corrected prior to the Special Magistrate hearing. Should a dispute arise concerriing compliance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. • Special Magistrate Hearing September 26, 2013 Page 3 of 10 Violation Hearinqs 3. Case Number: 2013-00010 SLO ML LLC Purple Dragon Karate Studio 150 US HWY 1 9&10 Tequesta, FL 33469 PCN: 60-43-40-30-00-003-0070 Legal Description: 30-40-43, SLY 718.76 FT OF NLVY 118.76 FT OF ELY 254.83 FT OF GOV LT 3 LYG W OF & ADJ TO US HWY 1 Chapter 78 Article XI Se�tion 78-733 Permit Required; Applicability of Building and Electrical Codes This case was withdrawn. 4. Case Number: 2013-00049 SLO ML LLC Fashion Mall 150 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-00-003-0070 Legal Description: 30-40-43, SLY 718.76 FT OF NLVY 118.76 FT OF ELY 254.83 FT OF GOV LT 3 LYG W OF & ADJ TO US HWY 1 International Property Maintenance Code Chapter 3 Section 302; Exterior Property Areas 302.1 Sanitation, 302.2 Grading and Drainage, 302.3 Sidewalks and Driveways Section 303;.Exterior Structure 303.3 Premises Identification, 303.6 Exterior Walls, 303.7 Roofs and Drainage, 303.9 Overhand extensions Section 305. Rubbish and garbage 305.1 Accumulation of rubbish and garbage, 305.2 Rubbish storage facilities, 305.3 Disposal of garbage �Ilage Codes Chapter 78 Article IX Section 78-300 Location and screening of dumpsters ' Special Magistrate Hearing September 26, 2013 Page 4 of 10 Chapter 78 Article VI Section 78-177 C-2 Community Commercial Districts Chapter 14 Article VI Section 14-152 Building Permits Chapter 14 Article VI Section 14-153 Plumbing Permits Chapter 14 Article VI Section 14-154 Electrical Permits Chapter 14 Article VI Section 14-155 Mechanical Permits Chapter 30 Article II Section 30-33 Prohibited Conditions 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 �Ilage has requested that this matter be continued until the December 12, 2013 agenda. No further findings shall be made at this time. It was the Order of the Special Magistrate that this matter be continued to the December 12, 2013 agenda for further consideration and action at that time. Notice was given to Respondent to appear at the Fine Assessment Hearing which will be held on the 12�" day of December, 2013, at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement OfFcer has certified that Respondent has timely brought Respondent's property into compliance. 5. Case Number: 2013-OOOS8 Eugene Shieh & Gina Shrestha 99 River Drive Tequesta, FL 33469 P C N : 60-42-40-26-01-000-0280 Legal Descriptions: TEQUESTA LT 28 Chapter 14 Article VII Section 14-162; Dumpster Required; storage and removal of debris Findings of fact were the Respondents are the owners of the above-described property. Respondents were 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 September 25, 2013, based on the testimony and . Special Magistrate Hearing September 26, 2013 Page 5 of 10 evidence presented, the property was in compliance with Section 14-162, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of law were that the above-stated facts constitute a violation of Section 14- 162 of the Code of Ordinances of the Village of Tequesta. The Respondents were ordered to continue to comply with Section 14-162 of the Code of Ordinances of the Village of Tequesta; should they 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 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 Number: 2013-00065 Rosalie Consiglio Gallery Square South 378 Tequesta Drive Tequesta, FL 33469 Chapter 78 Article XI Section 78-733; Permit required; Applicability of building and ele�trical codes Findings of fact were the Respondent was not present at the hearing; however, there was a finding of proper notice. Code Enforcement O�cer 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 Section 78-733 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the above-stated facts constitute a violation of Section 78- 733 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Section 78-733 of the Code of Ordinances of the Village of Tequesta by October 18, 2013. If the Respondent fails to achieve compliance, a daily fine of One Hundred Dollars ($100.00) per day may be imposed for each day the violation continues to exist. • Special Magistrate Hearing September 26, 2013 Page 6 of 10 Respondent also was assessed $119.22 for administrative costs incurred by the Village through September 25, 2013. Notice was given to Respondent to appear at the Fine Assessment Hearing which will be held on the 12 day of December, 2013 at 10:00 a.m. at �Ilage Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer had certified that Respondent had timely brought her property into compliance. 7. Case Number: 2012-00119 Charles Pfeiffer 240 Fairway East Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2200 Legal Description: Tequesta Lot 220 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact the Respondent was not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Joe Petrick provided testimony and photographs as evidence of the violation, as contained in the Vllage's evidentiary case file which was accepted into evidence. In addition, the following persons all testified to their observations of the conditions of the property, including observations of the presence of vermin on the property: John Rhitz, Tom Raiford, David Green, Cassie Lofquist, Mark Badertscher, and Jane Swain. 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 30-33 of the Code of Ordinances of the Village of Tequesta. The violations comprised of vegetative overgrowth and open dog food containers constitute a threat to the public health, safety and welfare since they attract vermin to the property and to neighboring property. Conclusions of law were that the above-stated facts constitute a violation of Section 78-733 of the Code of Ordinances of the �Ilage of Tequesta, and a threat to the public health, safety and welfare. The Respondent was ordered to comply immediately with Section 30-33 of the Code of Ordinances of the Village of Tequesta. If the Respondent fails to achieve compliance, a daily fine of Two Hundred Fifty Dollars ($250.00) per day may be imposed for each day any violations which constitute threats to the public health, safety and welfare continue to exist. Further, the �Ilage may abate the violations of Section 30-33 that constitute a threat to the public health, safety and welfare, by taking reasonable actions to alleviate the dangerous conditions on the property pursuant to the legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement action by the Village � Special Magistrate Hearing September 26, 2013 Page 7 of 10 shall in no way create a continuing obligation or any present or future liability for any damage to the property 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 conditions on the property again violate the �Ilage Code as documented in the code enforcement files for the property. The Village's costs from such abatement action shall be assessed against the Respondent. Respondent also was assessed $193.11 for administrative costs incurred by the Ullage through September 25, 2013. Notice was given to Respondent that he must appear at the Fine Assessment Hearing which will be held on the 12 day of December, 2013 at 10:00 a.m. at �Ilage Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer has certified that Respondent has timely brought his property into compliance. 8. Case Number: 2013-00041 James Hoye Good Sheppard Episcopal Church 402 Seabrook Road Tequesta, FL 33469 � PCN: 60-42-40-25-00-000-5110 Legal Description: 25-40-42, E 620 FT OF S 275 FT (LESS S 15 FT RD RNV) OF NE %a OF SE %a Chapter 4 Article I Section 4-5 Service charge for excessive class B alarms. 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 documents as evidence of t�nro separate excessive false alarm violations, as contained in the Village's evidentiary case file which was accepted into evidence. Conclusions of law were that the above-stated facts constitute a violation of Section 4-5 of the Code of Ordinances of the �Ilage of Tequesta. The Respondent was ordered to comply immediately with Section 4-5 of the Code of Ordinances of the Village of Tequesta. Respondent was assessed a fine in the amount of Twenty Five Dollars ($25.00) for each of the two separate false alarm violations, for a - Special Magistrate Hearing September 26, 2013 Page $ of 10 total of Fifly Dollars ($50.00). Respondent also was assessed $100.00 for administrative costs incurred by the Village through September 25, 2013. 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 Respondent, pursuant to Chapter 162, F/orida Statutes. 9. Case Number: 2012-00079 Mikki and Doris Thomas 414 Cypress Drive # D Tequesta, FL 33469 PCN: 60-43-40-30-34-001-0014 Legal Description: CYPRESS VILLAS UNIT D BLDG TR 1 OF PAR A Chapter 30 Article II Section 30-33 Prohibited Conditions Intemational Property Maintenance Code Section 304 Interior Structure. 304.1 General Findings of fact were the Respondents were not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Joe Petrick and Building Official Buck Evans provided testimony, photographs, and a mold remediation report as evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. The property is currently vacant and unoccupied. As of the hearing on May 23, 2013, based on testimony presented by the Code Enforcement Officer and the Building Official, the property was not in compliance with Section 14-121 or 30-33 of the Code of Ordinances of the Village of Tequesta. The violations comprised of mold growrth inside the unit constitute a threat to the public health, safety and welfare since this is a multi family dwelling. Conclusions of law were the above-stated facts constitute a violation of Sections 14-121 and 30-33 of the Code of Ordinances of the �Ilage of Tequesta. The violation constitutes threat to the public health, safety and welfare. The Respondents were ordered to comply immediately with Sections 14-121 and 30-33 of the Code of Ordinances of the Village of Tequesta. If the Respondents fail to achieve compliance, the �Ilage may abate the violations that constitute a threat to the public health, safety and welfare by taking reasonable actions to alleviate the dangerous conditions on the property pursuant to the legislative authority granted to the Village by - ' Special Magistrate Hearing September 26, 2013 Page 9 of 10 Section 162.09, Florida Statutes. Such abatement action by the �Ilage shall in no way create a continuing obligation or any present or future liability for any damage to the property that may result from such good faith attempts to abate the violations. Additionally, the �Ilage may continue to abate the nuisance in the future whenever the conditions on the property again violate the Village Code as documented in the code enforcement files for the property. The �Ilage's costs from such abatement action shall be assessed against the Respondents. Respondents also were assessed $957.11 for administrative costs incurred by the Village through September 25, 2013. Notice was given to Respondents that they must appear at the Fine Assessment Hearing which will be held on the 12 day of December, 2013 at 10:00 a.m. at �Ilage Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer had certified that Respondents had timely brought their property into compliance. Forclosure Authorizations - None Fine Reduction Hearinqs 10. Case Number: 2009-00208 � 2009-000044 David Sperry 372 Franklin Road Tequesta, FL 33469 PCN: 60-42-40-25-06-014-0030 Legal Description: JUPITER IN THE PINES SEC B LT 3 BLK 14 Requesting an extension for payment for reduced fine From order dated July 12 Findings of fact were the Respondent, David Sperry, was present at the hearing; and there was a finding of proper notice. Mr. Sperry requested an extension of time until October 31 to pay his reduced fine. The Village Code Enforcement Officer testified that the property remains in compliance. The original fine for Case No. 2009-000208 was assessed in the total amount of $63,652.69, and the original fine amount for Case No. 2009-00044 was assessed in the total amount of $726.68. The fine was reduced to a total amount of $3,000.00 on June 27, 2013, and Respondent was given 90 days to pay. The Village has no objection to allowing an extension until October 31, 2013 to allow Respondent to pay. � ' Special Magistrate Hearing September 26, 2013 Page 10 of 10 Conclusions of law were that the Respondent was no longer in violation of Section 30- 33 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Code Enforcement Special Magistrate that the Respondent's fine be reduced to Three Thousand Dollars ($3,000.00). Respondent shall pay this reduced fine amount of $3,000.00 no later than October 31, 2013, or the original fine amounts of $63,652.69 and $726.68 shall automatically be reinstated. Minutes Special Magistrate Wagner approved the minutes of the August 22, 2013 hearing. Adjournment There being no further cases, the meeting was adjourned. Respectfully submitted, •��,�.r/�� �!�.:�C. � /`�--', v Betty Laur Recording Secretary ATTEST: � �� CocY�Enforcement Officer APPRObED: ' '� I � / � .; --, � . i � �' ,---. .-� ', Special;Ma�is rate ' I Date Approved i,�,r