Loading...
HomeMy WebLinkAboutMinutes_Special Master_03/27/2014 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES March 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 following cases were heard by the Special Magistrate: Status Hearinqs — None Fine Assessment Hearinqs 1. Case Number: 2014-00021 Harriet Johnson 4480 County Line Road Tequesta, FL 33469 P C N : 60-42-40-25-00-000-1130 Legal Description: 25-40-42, W'h OF E'/ 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 Chapter 78 Article IX Section 78-643 R1, R2, and R3 Districts 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Other Uses IPMC Chapter 3 Section 302.7 Accessory Structures IPMC Chapter 3 Section 302.8 Motor Vehicles This case was withdrawn. 2. Case Number: 2013-00107 Jupiter-Tequesta Holdings LLC � Special Magistrate Hearing March 27, 2014 Page 2 of 10 Mary Hopkins, Richard Richard and Mathew Kuntz 399 Cypress Drive Tequesta, FL 33469 P C N : 60-43-40-30-00-000-7036 Legal Description: 30-40-43 NLY 90 FT OF SLY 300FT OFWLY162.5FTOFELY375 FTOFSW '/4LYGWOFRYR/W&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off street parking areas 78-701 Marking and lighting of parking areas 78-702 Landscaping of parking areas This case was withdrawn. 3.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: 2013-00117 Budget Rental Linda Bozzuto & Agnus Longenecker 19600 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-02-004-0010 Legal Description: JUPITER HEIGHTS LTS 1 TO 4 INC & 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 Se�tion 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 � Special Magistrate Hearing March 27, 2014 Page 3 of 10 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 I PMC Section 303.6 Exterior Walls IPMC Section 303.10 Sidewalks, Decks, Porches and Balconies This case was withdrawn. 4. 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: EASlV1/INDS LANDING LT 10 International 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 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, safeiy and welfare. Conclusions of law were that the above-stated facts constituted a violation of IPMC Section 301.3 of the Code of Ordinances of the Village of Tequesta. The violation constituted a 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 � Special Magistrate Hearing March 27, 2014 Page 4 of 10 compliance, the Village may abate the violations that constitute a threat to the public health, 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 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 En#orcement Officer certifies that you have timely brought your property into compliance. REPEAT VIOLATION HEARINGS 5. Case Number: 2014-00071 David Kydd 20 Pine Hill Trail West Tequesta, FL 33469 PC N : 60-42-40-25-25-000-0380 Legal Description: TEQUESTA PINES LOT 38 Chapter 30 Article II Section 30-33; Prohibited Property Conditions 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#inding of proper notice. Code Enforcement Officer Joe Petrick testified to the existence of the repeat violation which lasted for 12 days befinreen March 7 and March 19, 2014, and the previous violation 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. The Respondent testified that he had hired both pool and landscaping services to maintain his property in the future. Eric Carlson, the Respondent's back-yard neighbor, testified to his observations of the conditions of the Respondent's property. � Special Magistrate Hearing March 27, 2014 Page5of10 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 for 12 days. It was the Order of the Special Magistrate that a fine of Two Hundred Fifty Dollars ($250.00) per day for 12 days, for a total of Three Thousand Dollars ($3,000.00) be assessed. Respondent also was assessed the Village's administrative costs in the amount of $290.11. Should Respondent violate the same Section of the Code again, Respondent may be subject ta 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 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. Violation Hearinqs 6. Case Number: 2014-00008 John and Mary Brant 358 Oak Avenue Tequesta, FL 33469 PCN: 60-42-40-25-06-026-0040 Legal Description: JUPITER IN THE PINES SEC B LT 4 BLK 26 Chapter 78 Article IX Section 78-643 R1, R2, R3 Violation This case was withdrawn. 7. Case Number: 2014-00061 � Special Magistrate Hearing March 27, 2014 Page 6 of 10 JMZ Tequesta Properties Inc John Zuccarelli 1 Main Street Tequesta, FL 33469 PCN: 60-43-40-30-47-004-0000 Legal Description: TEQUESTA VILLAGE CENTER PAR 4 Chapter 78 Article XI Section 78-745; Prohibitions in All Zoning categories Findings of fact were the Respondent is the owner of the above-described property. Respondent was present at the hearing, represented by Dana Cramer. 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 March 27, 2014, based on the testimony and evidence presented, the property was in compliance with Section 78-745, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of law were that the above-stated facts constituted a violation of Section 78-745 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to continue to comply with Section 78-745 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 the Special Magistrate hearing. The Respondent was assessed the Village's administrative costs in the amount of $138.22. 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 March 27, 2014 Page 7 of 10 8. Case Number: 2014-00072 Briggitte Scharma 95 Fairview West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-4520 Legal Description: TEQUESTA LT 452 Chapter 78 Article IX Section 78-585; Child restraint Barrier Chapter 30 Article II Section 30-33; Prohibited Conditions 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 March 27, 2014, based on testimony presented by the Code Enforcement Officer the property was not in compliance with Chapter 30, Article II Section 30-33 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 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 Village of Tequesta. The violation constitutes threat to the public health, safety and welfare. The Respondent was ordered to comply immediately with Chapter 30, Article II Section 30-33 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 health, 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 $198.11 for administrative costs incurred by the Village. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 24 day of April, 2014 at 10:00 a.m. at Village Hall, Council Chambers, 345 � � Special Magistrate Hearing March 27, 2014 Page 8 of 10 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that Respondent has timely brought her property into compliance. 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. 9. Case Number: 2014-00034 Jennifer and George Wilson 579 Cypress Drive Tequesta, FL 33469 P C N : 60-43-40-30-38-000-0200 Legal Description: CYPRESS RIDGE LT 20 Chapter 14 Article VI Section 14-152; Building Permits This case was withdrawn. 10. Case Number: 2014-00046 Bank of America CT Corporation System 175 Tequesta Drive Tequesta, FL 33469 PCN: 60-43-40-30-52-000-0010 Legal Description: 2003 TEQUESTA ASSOC LLC LT 1 Chapter 34 Article II Section 34-63; Fees This case was withdrawn. 11. Case Number: 2014-00056 CVS ELG Tequesta, FL LLC CT Corporation System 260 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-52-000-0020 Legal Descripfiion: 2003 TEQUESTA ASSOC LLC LT 2 Chapter 34 Article II Seetion 34-63; Fees • ' Special Magistrate Hearing March 27, 2014 Page 9 of 10 This case was withdrawn. 12. Case Number: 2014-00039 Dollar General Tam West Realty 608 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-00-001-0190 Legal Description: 30-40-43, SLY 450 FT OF GOV LT 1 LYG WLY OF & ADJ TO US HWY 1 R/W (LESS NLY 152.68 FT OF ELY 232.69 FT & NLY 280.70 FT) Findings of fact were the Respondent was not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Jim Humpage provided testimony as evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. As of the hearing on March 27, 2014, based on testimony presented by the Code Enforcement Officer the property was not in compliance with Chapter 34, Article III Section 34-63 of the Code of Ordinances of the Village of Tequesta for failure to pay inspectian fees. Conclusions of law were that the above-stated facts constitute a violation of Chapter 34, Article III Section 34-63 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Chapter 34, Article III Section 34-63 of the Code of Ordinances of the Village of Tequesta no later than one week from the date of this Order by paying the outstanding inspection fees of $123.41. 1f the Respondent fails to achieve compliance within the time specified, a fine of $25.00 per day shall be assessed for each day the violation continues past the date set for compliance. Respondent also was assessed $100.00 for administrative costs incurred by the Village. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 24 day of April, 2014 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, untess the Code Enforcement Officer certifies that Respondent has timely brought their property into compliance. 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 March 27, 2014 Page 10 of 10 Forclosure Authorizations - None Fine Reduction Hearinas - None Minutes Special Magistrate Wagner approved the minutes of the February 27, 2014 hearing. Adjournment There being no further cases, the meeting was adjourned. RespectFully submitted, ��a�ti� ��� Betty Laur Recording Secretary ATTEST: C nfo cement Officer APPROVED: � ,,-J' ,� .--�' , ���� F -'`�� J la��� � '`� Speci "� � at � Date Approved �