HomeMy WebLinkAboutDocumentation_Special Master_Tab C_05/12/1999 MAY-10-1999 10�20 __�REVERE 8 ASSOCIATES 5616403050 P.03i@1
VILLAGE OF T�QUESTA
SYECIAL MASx'ER cO�E ENFORCEMENT HEARXNG
CASE 1�T[3N�ER 95-18�98
Ow1�RS: W.A. �1�TI5 HATTIE SIE�EL
A,�DDRESS: 498 7�OVER RI�AD, TlE�Y7E5TA
JOII�TT iV�O2YON 3'rOR Cc'�N�'IN�JANCE
COMES NOW TH� VILLAGE OF TEQUESTA, by and rluough Its'
. wndezsigned Artorney and rnoves the Special Master for a continuance of this cause. The
, reasoris for this motion are as �'ollows"
, 1. The hearing is eurx�xtiy set to be �eld on VJ�dnesda�y, I�Yay 12, 199�.
. 2. Th0 ovuriers have filed numerous motians ua the case. These motions
must be properly responded eo by the'�'illa�e Specia� Counsel.
. 3. Attomays for both the Village and the owners ag�ee that theY� will be na
prejuclice to eitk�er side i� this matter is continued in order to give the
- Village adequate time in wlsich to respond.
i
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� �,nfo��ernen� mattier dur:ng th� wee�C �f Nitay i 0, i��►9, upo� Ehe ���� �f ��
�1i11ages Sp�ia1 Counsel £rom. her out af state trip�
. �:3ted is �`� y o�E y, 15►G9.
/f� .C� i
ert , �Zesch, Esc�. �dam D. �alcon, Fsq•
� 521 'e Adenue, Suite 1 470 Columbia Drive, Bldg. "B"
' �.aKe WorE�, F133460 West Palm Beach, FI 33409
i (56�) 533-8118 (561) 684-3222 °
r Sbi 640-3(950 £'2�c
�561) 533-50�7 (fax) � ) �
�'it�r;d� �ar i�io: 7fi9�29 ���rida Tdar N�: � 15?03
ORJf�ER dF � SPEC�L MA5�`�T�
UPON NN?UAL AGRE�M�NT 0�` THE PARTIES, this matter is
hereby continued tnn�id �urt�er no�ice. Yhe Parties wili-�operate in the re-setting
of this cause. � .�
�
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`
.�,iati �� � ., �° ecx�i° Y�srt�r fo�z �e �vi�age of Teqt�j4.
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MAY-PB-1999 19=47 56153350�7 96i P.82
TOTAL P.�1
VILLAGE OF TEQUESTA
SPECIAL MASTER ENFORCEMENT HEARING
VILLAGE OF TEQUESTA,
Petitioner
vS. CASE NO.: 98-18198
W. A. SIEGEL and
HATTIE I. SIEGEL,
Respondents.
/
ORDER ON RESPONDENTS' MOTION TO DISMISS
THIS MOTiON came before me as Speciai Master by Respondents`
Motion to Dismiss and Memorandum of Law in Support thereof dated
April 28, 1999, Village's response to Respondents' Motion to
Dismiss dated June 3, 1999, and Respondents' Reply to Petitioner's
, Response to Respondents' Motion to Dismiss dated June 9, 1999.
Further, a telephonic hearing was held on June 16, 1999.
After consideration of all written and spoken arguments of
counsel, the Respondents' Motion to Dismiss is hereby denied.
DONE AND ORDERED this 23 day of June, 1999.
,.� �
�_._.-- � �
�-�°':.,�"°
ALAN FRAN S ,�� pec' ster
,_ �
Copies furnished to:
Betty C. Resch, Esq.
Adam D. Falcon, Esq.
Sgt. ,7ohn Ironvando, Code Enf. Officer
VILLAGE OF TEQUESTA
SPECIAL MASTER ENFORCEMENT HEARING
VILLAGE OF TEQUESTA,
Petitioner
vs. CASE NO.: 98-18198
W. A. SIEGEL and
HATTIE I. SIEGEL,
Respondents.
/
ORDER ON R�SPONDENTS' MOTION FOR REHEARING
THIS MOTION came before me as Special Master by Respondents'
Motion for Rehearing dated June 28, 1999, and Village's Response
to Respondents' Motion for Rehearing dated June 28, 1999.
After consideration of all written arguments of counsel, the
Respondents' Motion for Rehearing is hereby denied.
DONE AND ORDERED this 30th day of June, 1999.
�,.
ALAN FRANCIS RU�'; Special Master
Copies furnished to:
Betty C. Resch, Esq.
Adam D. Falcon, Esq.
Sgt. John Ironvando, Code Enf. Officer
VILLAGE OF TEQUESTA
SPECIAL MASTER ENFORCEMENT HEARING
VILLAGE OF TEQUESTA,
Petitioner
V�• CASE NO.: 98-18198
W. A. SIEGEL and
HATTIE I. SIEGEL,
Respondents.
/
ORDER ON RESPONDENTS' MOTION TO STAY PROCEEDINGS
THIS MOTION came before me as Special Master by Respondents'
Motion to Stay Proceedings dated July 7, 1999, Respondents'
Memorandum of Law In Support of Respondents' Motion to Stay
Proceedings dated July 22, 1999, and Village's Response to
Respondents' Motion to Stay Proceedings dated July 29, 1999.
After consideraticn of all written arguments of counsel, the
Respondents' Motion to Stay Proceedings is hereby denied.
DONE AND ORDERED this 30th day of July, 1999.
� � . � _ �"�
. ---__ �--
�_ _ _
___-----
ALAN FRANCIS RTJF, Special Master
Copies furnished to:
Betty C. Resch, Esq.
Adam D. Falcon, Esq.
Sgt. John Ironvando, Code Enf. Officer
A ) •,1
VILLAGE OF TEQUESTA
SPECIAL MASTER ENFORCEMENT HEARING
VILLAGE OF TEQUESTA,
Petitioner,
vs. Case No. 98-18198
HATTIE I. SIEGEL and
WILBURT A. SIEGEL,
Respondents.
/
NOTICE OF REMOVAL
Respondents, HATTIE I. SIEGEL and WILBURT A. SIEGEL, by and through undersigned
counsel, hereby file this Notice Of Removal. Based upon Village of Tequesta transcripts and
Village documents relative to the incomplete appointment of the special master, the code-mandated
procedures for appointment were not adhered to. The special master has been operating without
authority or jurisdiction in the above-referenced matter. Accordingly, in light of the fact that there
was no authority or jurisdiction conferred upon the instant special master, this matter has been
removed to Circuit Court before a court of competent jurisdiction for final adjudication.
, } .
. j
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
U.S. mail to: Betty Resch, Esq. P.O. Box 323, Lake Worth, Florida 33460, and Alan Ruf, Esq.,
Special Master, 2455 East Sunrise Boulevard, PH E, Fort Lauderdale, Florida 33304-3116 this 7th
day of September, 1999.
� � �,.--�
BY: '��--`�-�•-,�� �.-�',
ADAM D. FALCON
�B�J: 115?03
Adam D. Falcon, Esq.
PMB 248
1507 East 53r Street
Chicago, Illinois 60615-4509
TEL/FAX: 773-493-5239
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
HATTIE I. SIEGEL and
WILBURT A. SIEGEL,
Plaintiffs,
vs. Case No.:
VILLAGE OF TEQUESTA,
Def �c�?n±.
/
NOTICE OF ADDRESS CHANGE
NOTICE IS GIVEN that the new address of counsel for Plaintiffs, HATTIE I. SIEGEL and
WILBURT A. SIEGEL is:
Adam D. Falcon, Esq.
PMB 248
1507 East 53r Street
Chicago, Illinois 60615-4509
TEL/FAX: 773-493-5239
CERTIFICATE OF SERVICE
I�IEP�� �' CER � IFY tr�at a t��:e and corre�t ccpy ��the fcr�going ?:as b�en fu:�!:ished via
U.S. mail to: Betty Resch, Esq. P.O. Box 323, Lake Worth, Florida 33460, and Alan Ruf, Esq.,
Special Master, 2455 East Sunrise Boulevard, PH E, Fort Lauderdale, Florida 33304-3 1 1 6 this 7th
day of September, 1999.
BY: �� �`�.- � /—�rk'�
ADAM D. FALCON
FBN: 115703
Page 1 of 1
VILLAGE OF TEQUESTA
SPECIAL MASTER ENFORCEMENT HEARING
VILLAGE OF TEQUESTA,
Petitioner
vs. CASE NO.: 98-18198
W. A. SIEGEL and
HATTIE I. SIEGEL,
Respondents.
�
ORDER FOR CONTINUANCE
THIS MATTER came before me as Special Master to continue the
Village of Tequesta Police Department Special Master Code
Enforcement Hearing previously scheduled for 10:00 a.m. on
November 12, 1999.
After consideration of arguments of counsel, the Village of
Tequesta Police Department Special Master Code Enforcement Hearing
previously scheduled for 10:00 a.m. on November 12, 1999, is
hereby continued to Friday, November 19, 1999, at 11:00 a.m. at
the Tequesta Village Council Chambers, 357 Tequesta Drive,
Tequesta, Florida.
dd
DONE AND ORDERED this _ �� day of November, .
� �
�------~----w
�
ALAN FRAN RU pecial Master
Copies furnished to:
Betty C. Resch, Esq.
Adam D. Falcon, Esq.
Sgt. John Ironvando, Code Enf. Officer
VILLAGE OF TEQUESTA
SPECIAL MASTER ENFORCEMENT HEARING
VILLAGE OF TEQUESTA,
Petitioner
vs. CASE NO.: 98-18198
W. A. SIEGEL and
HATTIE I. SIEGEL,
Respondents.
/
ORDER FINDING VIOLATIONS
Re: Violation of:
(A) Code of Ordinances of the Village of Tequesta, Florida,
Chapter 10, Health and Sanitation, Article II. Weeds,
Undergrowth and Other Plant Life, Sec. 10-17, Excessive
Accumulation Prohibited; Declared a public Nuisance,
Pages No. 581, 582.
(B) Code of Ordinances of the Village of Tequesta, Florida,
Chapter 10, Health and Sanitation, Article II, Weeds,
Undergrowth and Other Plant Life, Sec. 10-18. Unlawful
growth enumerated. (b), pages No. 582, 583.
(C) Code of Ordinances of the Village of Tequesta, Florida,
Chapter 6, Buildings and Building Regulations, Article
V. Housing, Sec. 6-81. Code- Adopted. Sec. 6-82. Same
Amendments, pages No. 365, 366. (101.6 Maintenance;
307.4 Care of Premise).
Address: 498 Dover Road
Tequesta, Florida 33469
Legal Description: Jupiter in the Pines Sec B
Lt. 6 Blk 15
(604240250060)
The Special Master was appointed by the Village of Tequesta
to hear these code enforcement cases for the Village of Tequesta,
in accordance with Chapter 162, Florida Statutes. The Code
Enforcement Hearing was held on the 19 day of November, 1999,
and based on the evidence and testimony presented, the following
FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDERS are hereby
entered:
FINDINGS OF FACT
l. The Respondents, W.A. SIEGEL and HATTIE I. SIEGEL, are
owners of the subject property.
2. The Respondents, W.A. SIEGEL and HATTIE I. SIEGEL, and
their attorney, Adam D. Falcon, were properly notified of the date
and time established for the hearing. (See Order for Continuance
attached)
3. On Friday, November 19, 1999, Adam D. Falcon, Esq.
telefaxed a letter to me, as Special Master, advising me that
neither he nor his clients would "be appearing for the hearing".
4. I heard sworn testimony from:
A. Village Manager, Tom Bradford
B. Sgt. John Irovando
C. George C. Gentile, Licensed Landscape Architect
D. David French
E. Michelle Hartsoul
F. Wade Griest
G. Russell Von Frank
5. I viewed a video tape and several pictures which were
introduced into evidence.
6. The clerk recorded all exhibits which were introduced
into evidence.
7. The Village has sustained its burden of proof and shown
by substantial competent evidence that violations of its codes did
occur and do continue to exist.
8. There was and is the existence of excessive
accumulations and untended growth of weeds, undergrowth, or other
dead or living plant life, and the Respondents' parcel of land is
infested with rodents, vermin and wild animals all of which do
threaten the public health, safety, and welfare. This may
reasonably cause disease, and adversely affects and impairs the
economic welfare of adjacent property.
9. Pursuant to Chapter 10, Section 10-17, the Respondents'
parcel is declared to be a public nuisance.
10. The Respondents have permitted rubbish, trash, debris,
dead trees and other unsanitary and unsightly conditions to remain
on the premises.
11. The Respondents have permitted open storage of building
materials and weeds on their land.
2
12. The Respondents have not maintained their property in
either a safe or sanitary condition.
13. These factors/violations present a serious threat to
the public health, safety and welfare.
CONCLUSIONS OF LAW
Respondents are in violation of the following:
A. Code Section 10-17.
B. Code Section 10-18.
C. Code Sections 6-81 and 6-82, and Section 101.6, and
Section 307.4 of the Standard Housing Code.
ORDER
It is my intention to consider each violation separately, and
to impose an individual fine for each violation.
l. The Special Master finds that the Respondents, W.A.
SIEGEL and HATTIE I. SIEGEL, owners of the property, have violated
Code Section 10.17. Respondents are given until December 21,
1999, to comply with Code Section 10.17, and if not complied by
that date, a$250.00 per day penalty will be imposed.
2. The Special Master finds that the Respondents, W.A.
SIEGEL and HATTIE I. SIEGEL, owners of the property, have violated
Code Section 10.18(b) and (e). Respondents are given until
December 21, 1999, to comply with Code Section 10.18(b) and (e)
and if not complied by that date, a$250.00 per day penalty will
be imposed.
3. The Special Master finds that the Respondents, W.A.
SIEGEL and HATTIE I. SIEGEL, owners of the property, have violated
Code Sections 6-81, 82 and Standard Housing Code Section 307.4.
Respondents are given until December 21, 1999, to comply with
Standard Housing Code Section 307.4, and if not complied by that
date, a$250.00 per day penalty will be imposed.
4. The Special Master finds that the Respondents, W.A.
SIEGEL and HATTIE I. SIEGEL, owners of the property, have violated
Code Sections 6-81, 82 and Standard Housing Code Section 101.6.
Respondents are given until December 21, 1999, to comply with
Standard Housing Code Section 101.6, and if not complied by that
date, a$250.00 per day penalty will be imposed.
5. All costs incurred in prosecuting these cases are
hereby imposed upon the Respondents who shall have until December
21, 1999, to pay same. A Supplemental Order will follow when
these costs are verified to me.
3
6. The Respondents shall notify the Village of Tequesta as
each violation is complied so that the appropriate Code
Enforcement Officer, as well as any consultants for the Village,
have an opportunity to view the premises and to certify
compliance.
7. Pursuant to Section 2.96, the Special Master finds that
the violation presents a serious threat to the public health,
safety, and welfare, arid, therefore, the Village at its option may
make all reasonable repairs required to bring the property into
compliance and charge the violators with all reasonable costs of
repairs.
DONE AND ORDERED this �-;�" day of November, 1999.
VILLAGE OF TEQUESTA
CODE ENFORCEMENT '
By; --,:.r;. �....�.=' .V.."`_"°_�.
ALAN" ��RRAN C� S RUF , E S .
Special Mas��r
Copies furnished to:
Betty C. Resch, Esq.
Adam D. Falcon, Esq.
Sgt. John Irovando, Code Enf. Officer
W. A. Siegel & Hai�tie I. Siegel, Respondents
(via certified mail & regular mail)
4
� .-
VILLAGE OF TEQUESTA
SPECIAL MASTER ENFORCEMENT HEARING
VILLAGE OF TEQUESTA,
Petitioner
' vs. CASE NO.: 98-18198
W. A. SIEGEL and
HATTIE I. SIEGEL,
Respondents.
/
SUPPLEMENTAL ORDER TO
ORDER FINDING VIOLATIONS ENTERED NOVEMBER 29 1999
Re: Violation of:
(A) Code of Ordinances of the Village of Tequesta, Florida,
Chapter 10, Health and Sanitation, Article II. Weeds,
Undergrowth and Other Plant Life, Sec. 10-17, Excessive
Accumulation Prohibited; Declared a public Nuisance,
Pages No. 581, 582.
(B) Code of Ordinances of the Village of Tequesta, Florida,
Chapter 10, Health and Sanitation, Article II, Weeds,
Undergrowth and Other Plant Life, Sec. 10-18. Unlawful
growth enumerated. (b), pages No. 582, 583.
(C) Code of Ordinances of the Village of Tequesta, Florida,
Chapter 6, Buildings and Building Regulations, Article
V. Housing, Sec. 6-81. Code- Adopted. Sec. 6-82. Same
Amendments, pages No. 365, 366. (101.6 Maintenance;
• 307.4 Care of Premise).
Address: 498 Dover Road
Tequesta, Florida 33469
Legal Description: Jupiter in the Pines Sec B
Lt. 6 Blk 15
(604240250060)
The Special Master was appointed by the Village of Tequesta
to hear these code enforcement cases for the Village of Tequesta,
in accordance with Chapter 162, Florida Statutes. The Code
Enforcement Hearing was held on the 19 day of November, 1999,
and based on the evidence and testimony presented, the undersigned
Special Master rendered his Order Finding Violations on November
29, 1999.
1
Pursuant to paragraph 5 of the section entitled Orders, as
contained in said Order Finding Violations dated November 29,
1999, the Special Master hereby renders a Supplemental Order
specifying that the total amount of costs incurred in prosecuting
these cases is the sum of Twenty-Five Thousand Five Hundred
Thirty pollars and One Cent ($25,534.01). The Respondents
shall have until December 21, 1999, to pay same.
DONE AND ORDERED this day of December, 1999.
VILLAGE OF TEQUESTA
CODE ENFORCEMENT
B . ��.--�
Y'
ALAN S RUF, ESQ.
Special Master
Copies furnished to:
Betty C. Resch, Esq. (via telefax & regular mail)
Adam D. Falcon, Esq. (via telefax & regular mail)
Sgt. John Irovando, Code Enf. Officer (via telefax & regular
mail)
W.A. Siegel and Hattie I. Siegel (via certified & regular
mail)
2