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HomeMy WebLinkAboutMinutes_Special Master_12/12/2013 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES December 12, 2013 PRES�NT: S.pecia� Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, and Village a4ttomey Jennifer Gardner Ashton. The hearing was called to order at 10:00 A.M. The Piedge of Allegiance was led by Sp�cial Magistrate Kevin Wagner. "Fhe following cases were heard by the Special Magistrate: Status Hearings — None Fine Assessment� Hearings 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 Se�tion 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. Austin Noll, Esq., representing Wells Fargo Bank attended the hearing on behalf of the bank. By "Order Finding Violation and Permitting Continuing Village Abatement" dated August, 2013, the Special Magistrate found health, safety and welfare violations of Appendix B, Sections 302.4, 302.4, 303.6 and 303.7 of the IPMC, of the Code of Ordinances of the Village of Tequesta, allowed Respondent until August 30, 2013 to bring the property into compliance, and permitted the abatement of these violations if Respondents faifed to comply. The Order further imposed daily fines of $100.00 per day for each day that Respondents failed to comply with the Order. The �rder also provided that the Village could request that the costs of any abatement action be assessed against the property at a later date. Based upon the evidence and testimony presented at the hearing on December 12, 2013, the Special Magistrate found that the Village has abated certain violations. � Special Magistrate Hearing December 12, 2013 Page 2 of 12 Conclusions of law were that the above-stated facts constitute a violation of Appendix B, Sections 302.4, 302.4, 303.6 and 303.7 of the IPMC, of the Code of Ordinances of the Village of Tequesta, which has now been cured by Village abatement. The Special Magistrate ordered that Respondents be assessed $5,200.00 ($100.00 per day for 52 days that the property remained in violation prior to abatement by the Village), $2,626.28 in abatement costs, $209.22 in administrative costs as originally assessed at the August, 2013 violation hearing, and $187.11 in administrative costs for the December 12, 2013 hearing, for a total fine in the amount of $8,222.61. 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. 2. Case Number: 2012-00119 Charles Pfeiffer 240 Fairway East Tequesta, FL 33469 PC N : 60-42-40-26-01-000-2200 Legal Description: Tequesta Lot 220 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. By �Order Finding Violation" dated September, 2013, the Special Magistrate found health, safety and welfare violations of Chapter 30 Article II Section 30-33, of the Code of Ordinances of the �Ilage of Tequesta, ordered Respondent to bring the property into compliance immediately, and permitted the abatement of these violations if Respondent failed to comply. The Order further imposed daily fines of $250.00 per day for each day that Respondent failed to comply with the Order. The Order also provided that the Village could request that the costs of any abatement action be assessed against the property at a later date. Based upon the evidence and testimony presented at the hearing on December 12, 2013, the Special Magistrate found that the Village has abated the health, safety and welfare violations, but that the property remained in violation of Section 30-33. Conclusions of law �nrere that the above-stated facts constitute a violation of Chapter 30 Article II Section 30-33, of the Code of Ordinances of the Village of Tequesta. ' Special Magistrate Hearing December 12, 2013 Page 3 of 12 The Special Magistrate ordered that Respondent be assessed $250.00 per day, commencing September 27, 2013, and continuing to accrue daily until all violations have been brought into compliance. The Respondent is further assessed $234.72 in abatement costs, $193.11 in administrative costs as originally assessed at the September, 2013 violation hearing, and $189.11 in administrative costs for the December 92, 2013 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 Respondent, pursuant to Chapter 162, Florida Statutes. 3. 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 electrical codes This case was withdrawn. 4. 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 . International Property Maintenance Code Section 304 Interior Structure. 304.1 General 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. By "Order Finding �olation" dated September, 2013, the Special Magistrate found health, safety and welfare violations of Chapter 30 Article II Section 30-33, and Appendix B, Sections 304.1, IPMC, of the Code of Ordinances of the �Ilage ' Special Magistrate Hearing December 12, 2013 Page 4 of 12 of Tequesta, ordered Respondents to bring the property into compliance immediately, and permitted the abatement of these violations if Respondents failed to comply. The Order also provided that the Village could request that the costs of any abatement action be assessed against the property at a later date. Based upon the evidence and testimony presented at the hearing on December 12, 2013, the Special Magistrate found that the �Ilage has abated the health, safety and welfare violations. Conclusions of law were that the above-stated facts constitute a violation of Chapter 30 Article II Section 30-33, and Appendix B, Sections 304.1, IPMC, of the Code of Ordinances of the �Ilage of Tequesta. The Special Magistrate ordered that Respondents be assessed $5,100.00 in abatement costs, $957.11 in administrative costs as originally asse�sed at the September, 2013 violation hearing, and $187.11 in administrative costs for the December 12, 2013 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 5. Case Number: 2013-00085 Alice Stark 116 Golfview Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-3180 Legal Description: TEQUESTA LT 318 Chapter 78 Article IX Section 78-644 R1 A �olation Findings of fact were the Respondent is the owrner of the above-described property. The Respondent was not present at the hearing, but was represented by Terry Stark. There was a finding of proper notice. Code Enforcement Officer Joe Petrick testrfed to the existence of the repeat violation which lasted for three (3) days, and previous violations of the same code section which occurred within the past five (5) years, and presented photographs of the violation as contained in the evidentiary case file. Terry Stark testified and acknowledged the violation. , Special Magistrate Hearing December 12, 2013 Page 5 of 12 Conclusions of law were that Respondent was in repeat violation of Chapter 78 Article IX Section 789-644 of the Code of Ordinances of the �Ilage of Tequesta. It was the Order of the Special Magistrate that a Fine of One Hundred Fifly Dollars ($150.00) be assessed ($50.00 for each ofi the three days that �the violation remained on the subject property). Respondent also was assessed the �Ilage's administrative costs in the amount of $192.11. Should Respondent violate the same Section of the Code again, Respondent may be subjec# to additional fines 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 corre�ted 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 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, Florida Statutes. 6. Case Number: 2013-00086 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 Findings of fact were the Respondent is the owner of the above-described property. The Respondent was present at the hearing, and there was a finding of proper notice. Code Enforcement Officer Joe Petrick testified to the existence of the repeat violation, and previous violations of the same code section which occurred within the past five (5) years, and presented photographs of the violation as contained in the evidentiary case file. fn addition, Jill Howard and McCray Green testified to the existence of the violations. Both OfFcer Petrick's testimony and the testimony of Ms. Howard and Mr. Green established that the excessive overgrowth of vegetation harbors vermin, and the condition of the swimming pool is causing a mosquito infestation. Brian Tobin testified that he has been unable to correct the violations due to health and family issues. � Special Magistrate Hearing December 12, 2013 Page 6 of 12 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 Village of Tequesta. The violations cited in this constitute a threat to the public health, safety and welfare. It was the Order of the Special Magistrate that a Fine of One Hundred Dollars per day ($100.00) be assessed beginning October 14, 2013 when the repeat violation was noticed, and continuing until compliance is achieved. Respondent was given seven (7) days from the date of this Order to cure the violations. In the event that the Respondent fiails to do so, the �Ilage may then abate the vioiations ofi 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, F/orida Statutes. Such abatement action by the Village shall in no way create a continuing obligation or any present or future liabilifiy 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 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 Respondent. Respondent also was assessed the Village's administrative costs in the amount of $189.11. Should Respondent violate the same Section of the Code again, Respondent may be subject to additional fines 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 conceming compliance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 23`� day of January, 2014 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, and the �Ilage has incurred no abatement costs. 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, Florida Statutes. ' Special Magistrate Hearing December 12, 2013 Page 7 of 12 Violation Hearinas 7. 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 Intemational 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; F�cterior Structure 303.3 Premises Identification, 303.6 Exterior Walls, 303.7 Roofs and Drainage, 303.9 Overhang extensions Section 305. Rubbish and garbage 305.1 Accumulation of rubbish and garbage, 305.2 Rubbish storage facilities, 305.3 Disposal of garbage Village Codes Chapter 78 Article IX Section 78-300 Location and screening of dumpsters Chapter 78 Article VI Se�tion 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 14-1�4 Electrical Permits Chapter 14 Article VI Section 14-155 Mechanical Permits Chapter 30 Article II Section 30-33 Prohibited Conditions This case was withdrawn. 8. Case Number: 2013-00096 Selene RMOF Acquisition LLC 433 Cypress Drive #A Tequesta, FL 33469 PCN: 60-43-40-30-34-005-0031 Legal Description: CYPRESS VILLAS UNIT A BLDG TR 3 OF PAR E ' Special Magistrate Hearing December 12, 2013 Page 8 of 12 Chapter 14 Articie VI Section 14-152 Building Permits Findings of fact were the Respondent is fhe owner of the property. The Respondent was not present at the hearing; however, there was a finding of proper notice. Code Enforcement OfFcer 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 December 12, 2013, based on testimony presented by the Code Enforcement Officer, the property was not in compliance with Section 14-152 0# the Code of Ordinances of the �Ilage of Tequesta. Conclusions of law were that the above-stated facts constitute a violation of Section 14- 152 of the Code of Ordinances of the �Ilage of Tequesta. The Respondent was ordered to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta by January 23, 2014. 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. Respondent also was assessed $207.22 for administrative costs incurred by the Village through September 25, 2013. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 23'� day of January, 2014 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer has certified that Respondent has timely brought Respondent's property into compliance. 9. Case Number: 2013-00040 CJM Trust LLC Tequesta Cay LLC Douglas Girvin John Morris 169 Tequesta Drive Tequesta, FL 33469 PCN: 60-43-40-30-00-003-0012 Legal Description: 30�0-43 N 160 FT OF S 1370 Ff OF W 122.94 FT OF ELY 248 FT LYG W OF US HWY 1 IN SW'/4 AS IN OR 1934P992 & OR 1928P540 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 78 Article X Section 78-701 Marking & lighting of Parking Areas Chapter 78 Article X Section 78-702 Landscaping of ' Special Magistrate Hearing December 12, 2013 Page 9 of 12 Parking areas Findings of fact were the Respondent, John Morris, 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 �Ilage's evidentiary case file which was accepted into evidence. As of the hearing on December 12, 2013, based on testimony presented by the Code Enforcement Officer, the property was not in compliance with Sections 14-152, 153 and 154; and Sections 78-701 and 702 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the above-stated facts constitute a violation of Sections 14-152, 153 and 154; and Sections 78-701 and 702 of the Code of C?rdinances of the Village of Tequesfia. The Respondents were ordered to comply with Sections 14-152, 153 and 154; and Sections 78-701 and 702 of the Code of Ordinances of the Village of Tequesta by January 23, 2014. If the Respondents fail to achieve compliance, a daily fine of Two Hundred Dollars ($200.00) per day may be imposed for each day the violation continues to exist. Respondents are also assessed $213.44 for administrative costs incurred by the Village. Respondents were given notice to appear at the Fine Assessment Hearing which will be held on the 23� day of January, 2014 at 10:00 a.m. at �Ilage Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that you have timely brought your property into compliance. 10. Case Number: 2013-00090 David Hurtgen 92 Fainriew West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5560 Legal Description: TEQUESTA LT 556 Chapter 78 Article IX Section 78-644 RI-A �olation Findings of fact were Respondent is the owner of the above-described property. Respondent 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 December 12, 2013, based on the testimony and evidence presented, ' Special Magistrate Hearing December 12, 2013 Page 10 of 12 the property was in compliance with Se�tion 78-644, but had not achieved compliance within the time specified in the Notice of Violation. Conclusion of law was that the above-stated facts constitute a violation of Section 78- 644 of the Code of Ordinances of the �Ilage of Tequesta. The Respondent was ordered to continue to comply with Section 78-644 of the Code of Ordinances of the Village 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 fihe Special Magistrate hearing. The Respondent was assessed the Village's administrative costs in the amount of $196.23. 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, Florida Statutes. 11. Case Number: 2013-00066 Suzanne Merkt 75 Willow Road Tequesta, FL 33469 PCN: 60-43-40-30-06-000-0630 Legal Description: RIDGEWOOD HOMES SEC 2 LT 63 Chapter 30 Article X Section 30-361(5) Noise (animals) Findings of fact were the Respondent was not present at the hearing; however, she was represented by Dominic Ciatoli, her tenant. 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. In addition, witnesses Kimberly Fields and Charles O'Donnell testified to witnessing the violation (barking dogs). Dominic Ciatoli testified that he is the owner of the dog, and as a student he is not always home to stop the excessive barking. Mr. Ciatoli testified that he spoke with his neighbors today and will be more diligent in the future about controlling the barking dog. . ' Special Magistrate Hearing December 12, 2013 Page 11 of 12 Conclusions of law were that the above-stated facts constitute a violation of Section 30- 361(5) of the Code of Ordinances of the Village of Tequesta. The barking dog violation is irreparable and irreversible. The Respondent was ordered to comply with Section 30-361(5) of the Code of Ordinances of the Village of Tequesta immediately. Respondent was assessed a onetime fine of $50.00. Respondent also was assessed $186.11 for administrative costs incurred by the Village. 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, Florida Statutes. Forclosure Authorizations - None Fine Reduction Hearinqs - None Minutes Special Magistrate Wagner approved the minutes of the September 26, 2013 hearing. Adjournment There being no further cases, the meeting was adjourned. RespectFully submitted, � r . ` E ��c ��J�� Betty Laur Recording Secretary ATTEST: �: � � __ , �-�__�.� Csde Enforcement Officer ' ' � Special Magistrate Hearing December 12, 2013 Page 12 of 12 APPROV . � �� L Speci Ma ' rate Date Approved