HomeMy WebLinkAboutMinutes_Special Master_02/27/2014 VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
MINUTES
February 27, 2014
PRESENT: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick,
and Village Attorney 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 follvwing cases were heard by the Special Magistrate:
Status Hearinqs — None
Fine Assessment Hearinas
1. 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 continuing existence of the repeat
violation, as well as all abatement activities and costs undertaken and assumed by the
Village since the rendering of the Order Finding Repeat Violation and Assessing Fine in
this case. Specifically, the Village incurred $1,847.50 in abatement costs related to
vegetation and landscaping work, and $750.00 in abatement costs related to trash and
debris removal. Officer Petrick testified that despite the abatement of the health, safety
and welfar� violations, the property remains in repeat violation at a level that does not
rise to a health, safety or welfare concern. Brian Tobin testified that he has been
working toward complete compliance.
Conclusions of law were that based on the above-stated facts, Respondent remains in
repeat violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the
Village of Tequesta. However, due to the aba#ement action taken by the Village, the
violations no longer constitute a threat to the public health, safety and welfare.
Special Magistrate Hearing
February 27, 2014
Page 2 of 9
Special Magistrat Wagner ordered that a Fine of One Hundred Dollars per day
($100.00) ��+�� to be assessed beginning October 14, 2013 when the repeat
violation was noticed, and continuing until compliance is achieved. Abatement costs in
the amount of $1,847.50 and $750.00 are likewise assessed, alang with administrative
costs related to this hearing in the amount of $112.11. The Village may continue to
abate recurring health, safety and welfare violations in the future whenever the
conditions on the property again rise to such level as documented in the code
enforcement files for the property. The Village's costs from such future abatement
action shall be assessed against the Respondent.
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.
2. Case Number: 2013-00107
Jupiter-Tequesta Holdings LLC
Mary Hopkins, Richard Richard and Mathew Kuntz
399 Cypress Drive
Tequesta, FL 33469
PC N : 60-43-40-30-00-000-7036
Legal Description: 30-40-43 NLY 90 FT OF SLY 300FT
OF WLY 162.5 FT OF ELY 375 FT OF SW
%4LYGWOFRYRNV&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 maintenance of off street parking
areas
78-701 Marking and lighting of parking areas
78-702 Landscaping of parking areas
This case was withdrawn.
3. Case Number: 2013-00040
CJM Trust LLC
. Special Magistrate Hearing
February 27, 2014
Page 3 of 9
Tequesta Cay LLC
Douglas Girvin
John Morris
169 Tequesta Drive
Tequesta, FL 33469
P C N : 60-43-40-30-00-003-0012
Legal Description: 30-40-43 N 160 FT OF S 1370 FT
OFW122.94FTOFELY248FTLYGWOFUSHWY
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 and
lighting
Of parking areas
Chapter 78 Article X Section 78-702 Landscaping of
Parking areas
This case was withdrawn.
4. Case Number: 2013-00108
Hog Snappers
Tequesta Investors LP
Naison, Yeager, Gerson, White & Lioce
279 US HWY 1
Tequesta, FL 33469
PCN: 60-43-40-30-05-000-0901
Legal Description: WATERWAY VILLAGE LOT A
Chapter 34 Article III Section 34-61
Florida fire prevention code adopted
Chapter 34 Article III Section 34-64
Order to correct hazards
This case was withdrawn.
5. Case Number: 2013-00105
Daniel and Harla Ganzel
47 Willow Road
Tequesta, FL 33469
PCN: 60-43-40-30-09-000-1080
, Special Magistrate Hearing
February 27, 2014
Page 4 of 9
Legal Description: RIDGEWOOD HOMES SEC 4 LT
108
Chapter 78 Article IX Section 78-642
Parking of commercial vehicles prohibited in residential
Areas
Chapter 78 Article IX Section 78-643
R1, R2, and R3 Districts
This case was withdrawn.
6. Case Number: 2013-00112
Bogland Taverns .
Brendan Grace and Frank Gillispie
187 Tequesta Drive
Tequesta, FL 33469
PCN: 60-43-40-30-42-002-OOOq
Legal Description: TEQUESTA OAKS TR B
Chapter 30 Article II Section 30-33
Prohibited Conditions
This case was withdrawn.
Repeat Violation Hearings - None
Violation Hearinqs
8. Case Number: 2014-00021
Harriet Jahnson
4480 County Line Road
Tequesta, FL 33469
P C N : 60-42-40-25-00-000-1130
Legal Description: 25-40-42, W'/ OF E'/4 OF NW'/4 OF
NE '/4 (LESS S 30 FT OF N 63 FT OF W 20 FT & PB52
P40)
Chapter 30 Article II Section 30-33
Prohibited Property Conditions
Chapter 30 Article IV Section 30-113
Removal of Prohibited Materials
, Special Magistrate Hearing
February 27, 2014
Page5of9
Chapter 78 Article IX Se�tion 78-643
R1, R2, and R3 Distriets
Chapter 78 Article IX Section 78-612
Other Uses
IPMC Chapter 3 Section 302.7
Accessory Structures
IPMC Chapter 3 Section 302.8
Motor Vehicles
Findings of fact were the Respondent is the owner of the property. The 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
February 27, 2014, based on testimony presented by the Code Enforcement Officer and
the photographs in the evidentiary case file, the property was not in compliance with
Chapter 30 Article II Section 30-33 and Chapter 78 Se�tions 78-643 and 78-612 of the
Code of Ordinances of the Village of Tequesta. The Respondent testified at length
regarding compliance with the alleged violations.
Conclusions of law were that the above-stated facts constitute a violation of Chapter 30
Article II Section 30-33 and Chapter 78 Sections 78-643 and 78-612 of the Code of
Ordinances of the Village of Tequesta.
The Respondent was ordered to comply with Chapter 30 Article II Section 30-33 and
Chapter 78 Sections 78-643 and 78-612 of the Code of Ordinances of the Village of
Tequesta by March 5, 2014. If the Respondent fails to achieve compliance, a daily fine
of Fifty Dollars ($50.00) per day may be imposed for each day the violations continue to
exist. Respondent also was assessed $212.11 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 March, 2014 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 her property into compliance.
9. Case Number: 2013-00117
Budjet Rental
Linda Bozzuto & Agnus Longenecker
19600 US HWY 1
Tequesta, FL 33469
P C N : 60-43-40-30-02-004-0010
Legal Description: JUPITER HEIGHTS LTS 1 TO 4 INC
Special Magistrate Hearing
February 27, 2014
Page 6 of 9
& ABND 40 FT S TRIP LYG W& ADJ THERETO BLK
4
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 30 Article II Section 30-33; Prohibited Conditions
Chapter 78 Article X Section 78-700; Drainage and
Maintenance of Off Street Parking Areas
Chapter 78 Article X Section 78-701 Marking and lighting
of parking areas
Chapter 78 Article X Section 78-702 Landscaping of
Parking areas
Chapter 78 Article X Section 78-703 Aisles and
Driveways
Chapter 78 Article XI Section 78-733; Permit required,
Applicability of Building and Electrical Codes
IPMC Section 702 Means of egress
IPMC Section 702.1 General
IPMC Section 702.3 Locked Doors
IPMC Section 301 General
IPMC Section 302.3 Sidewalks and Driveways
IPMC Section 303 Exterior Structure
IPMC Section 303.6 Exterior Walls
IPMC Section 303.10 Sidewalks, Decks, Porches and
Balconies
Findings of fact were the owners of the property. Respondent Agnus Longenecker was
present at the hearing, along with Lou Bozzuto. 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 February 27, 2014, based on testimony presented by
the Code Enforcement Officer and the photographs in the evidentiary case file, the
property was not in compliance with Chapter 14 Article VI Sections 14-152, 14-153 and
14-154; Chapter 30 Article II Se�tion 30-33, Chapter 78 Article X Sections 78-700, 78-
701, 78-702, 78-703; Chapter 78 Article XI Section 78-733; and IPMC Sections 702,
301, 302, and 303 of the Code of Ordinances of the Village of Tequesta. The
Respondent testified at length regarding performing significant work toward compliance
with the alleged violations, and assured the Village that it was their intent to fully
comply.
Conclusions of law were that the above-stated facts constitute a violation of Chapter 14
Article VI Sections 14-152, 14-153 and 14-154; Chapter 30 Article II Section 30-33,
Chapter 78 Article X Sections 78-700, 78-701, 78-702, 78-703; Chapter 78 Article XI
, � Special Magistrate Hearing
February 27, 2014
Page 7 of 9
Section 78-733; and IPMC Sections 702, 301, 302, and 303 of the Code of Ordinances
of the Village of Tequesta.
The Respondents were ordered to comply with Chapter 14 Article VI Sections 14-152,
14-153 and 14-154; Chapter 30 Article II Section 30-33; Chapter 78 Article XI Section
78-733; and IPMC Sections 702, 301, 302, and 303 of the Code of Ordinances of the
Village of Tequesta regarding all violations EXCEPT those related to the parking lot
(including parking lot landscaping and irrigation) by March 26, 2014. If the Respondents
fail to achieve compliance, a daily fine of up to Two Hundred Dollars ($200.00) per day
may be imposed for each day the violations continue to exist.
In addition, the Respondents were ordered to comply with Chapter 78 Article X Sections
78-700, 78-701, 78-702, 78-703 and IPMC Section 302 related to parking lot issues
(including parking lot landscaping and irrigation) no later than three months from the
date of this Order. If the Respondents fail to achieve compliance, a daily fine of up to
Two Hundred Dollars ($200.00) per day may be imposed for each day the violations
continue to exist. Respondents also were assessed $238.44 for administrative costs
incurred by the Village. Respondents were �iven notice to appear at the Fine
Assessment Hearing which will be held on the 27 day of March, 2014 at 10:00 a.m. at
Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless
the Code En#orcement Officer certifies that they have timely brought their property into
compliance.
10. Case Number: 2014-00063
Capital Partner Consulting Group LLC
Eastwinds Partnership
Paul Gellenbeck
3 Eastwinds Circle
Tequesta, FL 33469
PCN: 60-42-40-25-40-000-0100
Legal Description: EASTWINDS LANDING L.T 10
Internationai Property Maintenance Code
Chapter 3 Section 301.3; Vacant structures and
land
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 photographs 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 February 27, 2014, based on testimony
presented by the Code Enforcement Officer the property was not in compliance with
. Special Magistrate Hearing
February 27, 2014
Page 8 of 9
IPMC Section 301.3 of the Code of Ordinances of the Village of Tequesta. The
violations comprised of an exposed, unmaintained swimming pool and an unsecured
structure, constitute a threat to the public health, safety and welfare.
Conclusions ofi law were that the above-stated facts constitute a violation of IPMC
Section 301.3 of the Code of Ordinances of the Village of Tequesta. The violation
constitutes threat to the public health, safety and welfare.
The Respondent was ordered to comply immediately with IPMC Section 301.3 of the
Code of Ordinances of the Village of Tequesta. If the Respondent fails to achieve
compliance, the Village may abate the violations that constitute a threat to the public
hea�th, safety and welfare, by taking reasonable actions to secure the structure and
swimming pool, and treat the swimming pool water pursuant to the legislative authority
granted to the Village by Section 162.09, Florida Statutes. Such abatement action by
the Village 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 Village Code as documented
in the code enforcement files for the property. The Village's costs from such abatement
action shall be assessed against the Respondents. Respondent also was assessed
$197.11 for administrative costs incurred by the Village.
Respondent was given notice to appear at the Fine Assessment Hearing which will be
held on the 27 day of March, 2014 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 their property in#o compliance.
Forclosure Authorizations - None
Fine Reduction Hearin ,qs - None
Minutes
Special Magistrate Wagner approved the minutes of the January 23, 2014 hearing.
Adjournment
There being no further cases, the meeting was adjourned.
. Special Magistrate Hearing
February 27, 2014 �
Page 9 of 9
Respectfully submitted,
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Betty Laur
Recording Secretary
ATTEST:
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Code �nforcement Officer
APPROVED: ,� ;
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Special Ma�strate Date Approved