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Home My WebLink AboutMinutes_Special Master_05/22/2014 , VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES May 22, 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: 2014-00072 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 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; and Code Enforcement Officer Joe Petrick testified to all abatement activities and costs undertaken and assumed by the Village since the rendering of the Order Finding Violation in this case. Specifically, the Village incurred $207.75 in abatement costs related to screen enclosure repair, and $450.00 in abatement costs related to swimming pool treatment. Officer Petrick testified that the property is now in compliance. Special Magistrate Hearing May 22, 2014 Page 2 of 7 Conclusions of law were that based on the above-stated facts, due to the abatement action taken by the Village, the violations have been corrected. The Special Magistrate that abatement costs in the amount of $657.75 bee assessed, along with administrative costs related to this case in the amount of $198.11. 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. Should a dispute arise concerning compliance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. REPEAT VIOLATION HEARINGS - None VIOLATION HEARINGS 5. Case Number: 2013-00063 Scott Worsley 358 Cypress Drive Tequesta, FL 33469 PCN: 60-43-40-30-03-001-0050 Legal Description: JUPITER IN THE PINES SEC C LT 5 BLK1 Chapter 70 Article II Section 70-44; Engaging in Business without valid receipt, renewal of receipt, Penalty for failure to pay tax Chapter 78 Article X: Sec. 78-694. Parking spaces for the handicapped Sec. 78-700. Drainage and maintenance of off-street Parking areas Special Magistrate Hearing May 22, 2014 Page 3 of 7 Sec. 78-701. Marking and lighting of parking areas Sec. 78-703. Aisles and driveways Chapter 30 Article II Sec. 30-33; Prohibited Conditions Chapter 14 Article VI Sec. 14-152; Building Permits International Property Maintenance Codes Chapter 3 Sec. 301.2 Responsibility Chapter 3 Sec. 302.1 Sanitation Chapter 3 Sec. 302.2 Grading and drainage Chapter 3 Sec. 302.3 Sidewalks and driveways Chapter 3 Sec. 303.3 Premises identification Chapter 3 Sec. 305.1 Accumulation of rubbish or trash Chapter 7 Section 702.1 General Findings of fact were the Respondent the Respondent was present at the hearing and there was a finding of proper notice. Code Enforcement O�cer Joe Petrick provided testimony as evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. Officer Petrick testified that the only remaining violation involves the permitting and work related to parking lot improvements. 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 78, Article X Sections 78-694, 78-700, 78-701, 78-703; and Chapter 14, Article VI, Sec. 14-152; and IMPC Chapter 3, Sec. 302.3 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the above-stated facts constitute a violation of Chapter 78, Article X Sections 78-694, 78-700, 78-701, 78-703; and Chapter 14, Article VI, Sec. 14- 152; and IMPC Chapter 3, Sec. 302.3 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Chapter 78, Article X Sections 78-694, 78- 700, 78-701, 78-703; and Chapter 14, Article VI, Sec. 14-152; and IMPC Chapter 3, Sec. 302.3 of the Code of Ordinances of the Village of Tequesta no later than June 25, 2014. If the Respondent fails to achieve compliance within the time specified, a fine of up to $250.00 per day shall be assessed for each day the violation continues past the date set for compliance. Respondent also was assessed $234.22 for administrative costs incurred by the Village. Special Magistrate Hearing May 22, 2014 Page 4 of 7' Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 26 day of June, 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 his 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. 3. Case Number: 2014-00073 Dennis and Carolyn Street 48 Pine Hill Trail West Tequesta, FL 33469 PC N : 60-42-40-25-25-000-1710 Legal Description: TEQUESTA PINES LOT 171 Chapter 14 Article VI Sec. 14-152; Building Permits This case was withdrawn. 4. Case Number: 2014-00074 lan & Mark Gordon 301 Del Sol Circle Tequesta, FL 33469 P C N : 60-43-40-30-55-000-0100 Legal Description: CASE DEL SOL OF TEQUESTA LT 1 10 Chapter 14 Article VI Sec. 14-152; Building Permits Findings of fact were the Respondents were 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 Special Magistrate Hearing May 22, 2014 Page 5 of 7 evidentiary case file which was accepted into evidence. As of the hearing on May 22, 2014, based on testimony and evidence presented by the Code Enforcement Officer, the property was not in campliance with Chapter 14, Article VI Section 14-152 of the Code of Ordinances of the Village of Tequesta. The violation, comprised of an unpermitted, instalted natural gas/propane generator in a multifamily building constitutes a threat to the public health, safety and welfare. Conclusion of law was that the above-stated facts constitute a violation of Chapter 14, Article VI Section 14-152 of the Code of Ordinances of the Village of Tequesta. The violation constitutes threat to the public health, safety and welfare. The Respondents were ordered to comply with Chapter 14, Article VI Section 14-152 of the Code of Ordinances of the Village of Tequesta no later than three days from the date of this Order. If the Respondents fail 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 gas lines and disconnect the generator 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 #rom 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. Respondents also were assessed $197.22 for administrative costs incurred by the Village. Respondents were given notice to appear at the Fine Assessment Hearing which will be held on the 26 day of June, 2014 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that they have 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. 5. Case Number: 2014-00072 Special Magistrate Hearing May 22, 2014 Page 6 of 7 Stephany Byers 375 Evergreen Ave Tequesta, FL 33469 PCN: 60-42-40-25-06-021-0050 Legal Description: JUPITER IN THE PINES SEC B LT 5 BLK 21 Chapter 30 Article II Section 30-33; Prohibited Conditions This case was withdrawn Forclosure Authorizations - None Fine Reduction Hearinqs 6. Case Number: 2014-00061 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 14 Article VI Section 14-152; Building Permits Chapter 14 Article VI Section 14-157; Fee for work started without a permit This case was withdrawn. Minutes Special Magistrate Wagner approved the minutes of the March 27, 2014 hearing. Special Magistrate Hearing May 22, 2014 Page 7 of 7 Adjournment There being no further cases, the meeting was adjourned. Respectfully submitted, � ��. ��--�-c.� Betty Laur Recording Secretary ATTEST: ...... ; � � ,.� � '� ' i „_ Code Enforcement Officer APPRO � / � '� ;' ! �1f \ � !� ,� � � - � _ � �,_ �J � ,� i �; ; � Spe�al �gistrate Date Approved ��- �