HomeMy WebLinkAboutMinutes_Special Master_01/23/2014 VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
MINUTES
January 23, 2014
PRESENT: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick;
and Village Attomey Jennifer Gardner Ashfion.
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 Magistrate:
Status Hearings — None
Fine Assessment Hearinas
1. Ca�e Number: 2013-0008g
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 that the Respondent is the owner of the above-described property.
The Respondenfi was present at the hearing; there was a fnd9ng of proper notice. The
�Ilage has requesfied fihat this matter be continued until the February 27, 2014. No
further findings shall be made at this time.
The Special Magistrate ordered that this matter be continued to the February 27, 2014
agenda for further consideration and action at that time. Respondent was given notice
to appear at the Fine Assessment Hearing which wrill be held on the 27 day o#
February, 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 his property into compliance.
2. 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
� January 23, 2014
Page 2 of 7
Chapter 14 Article VI Section 14-152 Building Permits
This case was withdrawm.
3, Case Number: 2013-00040
CJM Trust LLC
Tequesta Cay LLC
Douglas Ginrin
John Morris
169 Tequesta Drive
Tequesta, FL 33469
PCN: 60-43-40-30-00-003-0012
Legal Description: 30-40-43 N 160 FT OF S 1370 FT OF W 122.94
FTOFELY248FTLYGWOFUSHWY 11NSW%ASINOR
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 and lighting of parking
areas
Chapter 78 Article X Section 78-702 Landscaping ofi Parking areas
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 �Ilage has requested that this matter be continued until the
Febrvary 27, 2014. No further findings shall be made at this time.
The Special Magistrate ordered that this matter be continued to the February 27, 2014
agenda for further consideration and action at that time. The Respondent was given
notice to appear at the Fine Assessment Hearing which will be held on the 27�" day of
February, 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 theirr property into compliance.
Repeat Violation Hearinqs - None
Violafion Hearinqs
4. Case Number: 2013-00049
� Special Magistrate Hearing
� January 23, 2014
Page3of7
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
Se�tion 302; Exterior Property Areas
302.1 Sanitation, 302.2 Grading and Drainage,
302.3 Sidewalks and Driveways Section 303; Exterior Structure
303.3 Premises IdentrFcation, 303.6 Exterior Walls, 303.7 Roofs
and Drainage, 303.9 Overhand extentions, 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
Chapter 78 Article VI Section 78-977 C-2 Communiiy Commercial
Districts
Chapter 14 Article VI Section 14-152 Building Permits
Chapter 14 Article VI Section 14153 Plumbing Permits
Chapter 14 Article VI Secfiion 14-154 Electrical Permits
Chapter 14 Article VI Section 14-155 Mechanical Permifis
Chapter 30 Article II Section 30-33 Prohibited Conditions
This case was withdrawn.
5. Case Number: 2013-00108
Hog Snappers
Tequesta Investors LP
Naison, Yeager, Gerson, White 8� Lioce
279 US HWY 1
Tequesta, FL 33469
PCN: 60-43�0-30-05-000-0901
Legal Description: WATERWAY VILLAGE LOT A
Chapter 34 Article III Section 34-61 Florida fire prevention code
adopted
Chapter 34 Article III Section 34-640rder to correct hazards
•Special Magistrate Hearing
� January 23, 2014
Page 4 of 7
Findings of fact were the Respondent is the owner of the properly. Neither the
Respondent nor the tenant who is the subjeet of this case was present at the hearing;
there was a finding of proper notice. Code Enforcement Officer Joe Petrick and Fire
Code Inspector Craig Spiegelhalter provided testimony and evidence of the violation, as
contained in the �Ilage's evidentiary case file which was accepted into evidence.
Inspector Spiegelhalter testified that although Respondent had attempted to comply by
providing documentation regarding application of flame retardant material, the
documentation failed to certify that the person perForming the application was properly
certified and licensed to do so, as required by code. As of the hearing on January 23,
2014, based on testimony presented at the hearing, the property was not in compliance
with Chapter 34 Article III Sections 34-61 and 34-64 of the Code of Ordinances of the
�Ilage of Tequesta.
Conclusions of law were that the above-stated facts constitute a violation of Chapter 34
Article III Sections 34-61 and 34-64 of the Code of Ordinances of the Vllage of
Tequesta.
The Respondent was ordered to comply with Chapter 34 Article IIl Sections 34-fi1 and
34-64 of the Code of Ordinances of the Village of Tequesta within one week from the
date of this Order. If the Respondent fails fio achieve compliance, a daily fine of Two
Hundred Dollars ($200.00) per day may be imposed for each day the violation continues
to exist. Respondent was also assessed $204.44 for administrative costs incurred by
the �Ilage through January 26, 2014. Respondent was given notice to appear at the
Fine Assessment Hearing which will be held on the 27�" day of February, 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
'� �hei �property into complianc�.
; . • �,
6. Case Number: 2013-00105
Daniel and Harla Ganzel
47 Willow Road
Tequesta, FL 33469
PCN: 60-43-40-30-09-000-1080
Legaf Description: RIDGEWOOD HOMES SEC 4 LT 108
Chapter 78 Article fX Section 78-642 Parking of commercial vehicles
prohibited in residential areas
Chapter 78 Article IX Section 78-643 R1, R2, and R3 Districts
Findings of fact were the Respondents are the owner of the property. Harla Ganzel was
present at the hearing; there was a finding of proper notice. Code Enforcement 4fficer
Jae Petrick provided testimony and evidence of the violation, as contained in the
•Special Magistrate Hearing
' ` January 23, 2014
Page 5 of 7
�Ilage's evidentiary case file which was accepted into evidence. The Respondents
presented testimony regarding efforts to achieve compliance and testified that as of
January 26, 2014, based on work done the aftemoon prior to the hearing, they had
complied. Code Enforcement Officer Joe Petrick had not inspected said work as of the
hearing and would need to do so prior to a finding of compliance. As of the hearing on
January 23, 2014, based on #estimony presented at the hearing, the property was not in
compliance with Chapter 78 Article IX Sections 78-642 and 78-643 of the Code of
Ordinances of the �Ilage of Tequesta. The above-stated facts constitute a violation of
Chapter 78 Article IX Sections 78-642 and 78-643 of the Code of Ordinances of the
Village of Tequesta.
The Respondents were ordered to comply with Chapter 78 Article IX Sections 78-642
and 78-643 of the Code of Ordinances of the Vllage of Tequesta by February 26, 2014.
If the Respondents fail to achieve compliance, a daily fine of �ne Hundred Dollars
($100.00) per day may be imposed for each day the violation continues to exist.
Respondents were assessed no administrative costs.
Respondents were given notice to appear at the Fine Assessmen# Hearing which will be
held on the 27�' day of February, 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 Respondents have timely brought their property into compliance.
7. Case Number: 2013-00112
Bogland Tavems
Brendan Grace and Frank Gillispie
187 Tequesta Drive
Tequesta, FL 33469
PCN: 60�3-40-30-42-002-0000
Legal Description: TEQUESTA OAKS TR B
Chapter 30 Article II Section 30-33 Prohibited Conditions
Findings of fact were the Respondent is the owner of the property. The Respondent
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. As of
the hearing on January 23, 2014, based on testimony presented by the Code
Enforcement 4fficer, the properly was not in compliance with Chapter 30 Article II
Section 30-33 of fihe Code of Ordinances of the �Ilage of Tequesta.
Conclusions of law were that the above-stated facts constitute a violation of Chapter 30
Article II Section 30-33 of the Code of Ordinances of the Vil(age of Tequesta.
, • Special Magistrate Hearing
� ' January 23, 2014
Page 6 of 7
The Respondent was ordered to comply with Chapter 30 Article Il Section 30-33 of the
Code of Ordinances of the Village of Tequesta by January 30, 2014. If the Respondent
fails to achieve c�mpliance, 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 $245.66 for administra#ive costs incurred by the Village through January 26,
2014.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 27�" day of February, 2014 at 10:00 a.m. at �Ilage Hall, Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer has
certified thaf Respondent have timely brought Respondent's property into compliance.
8. Case Number: 2013-00107
Jupiter-Tequesta Holdings LLC
Mary Hopkins, Richard Richard and Mathew Kun#z
399 Cypress Drive
Tequesta, FL 33469
PCN: 60-�3-40-30-00-000-7036
Legal Description: 30-40-43 NLY 90 FT OF SLY 300FT OF WLY 162.5 FT
OFELY375FTOFSW'/4LYGWOFRYWW&NO
Chapter 30 Article II Section 30-33 Prohibited Conditions
Chapter 14 Article XI Section 14-152 Building Permits
Chapter 78 Article X Sections:
78-700 Drainage and maintence of off street parking areas
78-701 Marking and lighting of parking areas
78-702 Landscaping of parking areas
Findings of faat were the Respondent is the owner of the property. The Respondent
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. As of
the hearing on January 23, 2014, based on testimony presented by the Code
Enforcement Officer, the property was not in compliance with Chapter 14 Article VI
Section 14152, Chapter 30 Article II Section 30-33, Chapter 78 Article X Sections 78-
700, 701 and 702 of the Code of Urdinances of the Village of Tequesta.
Conclusions of law were that the above-stated facts constitute a violation of Chapter 14
Article VI Section 14-152, Chapter 30 Article II Section 30-33, Chapter 78 Article X
Seetions 78-700, 701 and 702 of the Code of Ordinances of the Village of Tequesta.
The Respondent was ordered to comply with Chapter 14 Article VI Secfiion 14-152,
Chapter 30 Article II Section 30-33, Chapter 78 Article X Sections 78-700, 701 and 702
o# the Code of Ordinances of the �Ilage of Tequesta by February 26, 2014. If the
Respondent fails to achieve compliance, a daily fine of One Hundred Fifty Dollars
, •Special Magistrate Hearing
� ` January 23, 2014
Page 7 of 7
($150.00) per day may be imposed for each day the violation continues to exist.
Respondent also was assessed $232.66 for administrative costs incurred by the Village
through January 26, 2014.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 27 day of February, 2014 at 10:00 a.m. at Village Hall, Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer
certifies that you have timely brought your property into compliance.
Forclosure Authorizations - None
Fine Reduction Hearinqs - None
Minutes
Special Magistrate Wagner approved the minutes of the December 12, 2013 hearing.
Adjournment
There being no further cases, the meeting was adjourned.
Respectfully submitted,
,:✓:�.��;y �� �� � ��'��;
Betty Laur
Recording Secretary
ATTEST:
�
C��nforcement Officer
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APPROVED: � '
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Special Magistrate Date Approved �