HomeMy WebLinkAboutMinutes_Special Master_06/26/2014 VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
MINUTES
June 26, 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. Gase 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 BLK 1
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.
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
(nternational 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
` Speciai Magistrate Hearing
June 26, 2014
Page 2 of 4
This case was withdrawn.
2. Case Number: 2014-00074
lan & Mark Gordon
301 Del Sol Circle
Tequesta, FL 33469
PCN: 60-43-40-30-55-000-0100
Legal Description: CASE DEL SOL OF TEQUESTA LT
10
Chapter 14 Article VI Sec. 14-152; Building Permits
Findings of fact were the Respondent, lan Gordon, was present at the hearing; 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. As of the hearing on June 26,
2014, based on testimony and evidence presented by the Code Enforcement Officer,
the unpermitted generator was no longer connected to the gas lines and was not
operational. As such, the health, safety and welfare violation had been abated.
However, the generator remained in its unpermitted location. As such, the property was
not in compliance with Chapter 14, Article V1 Section 14-152 of the Code of Ordinances
of the Village of Tequesta
Conc(usions of law were 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 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 July 1, 2014, and
advised that compliance could be achieved by either obtaining a permit to have the
generator installed, or by removing the generator from i#s current location underneath
the stairwell, and storing it in conformance with Village code.
Additionally, a fine of Twenty-five Dollars ($25.00) per day was assessed for each day
that the generator remained in viofation of Viltage code after July 1, 2014, until
compliance was achieved.
It further was the Order of the Special Magistrate that Respondents be assessed
$185.61 in administrative costs for the June 26, 2014 hearing. The Special Magistrate
also reaffirmed that Respondents be assessed $197.22 in administrative costs for the
May 22, 2014 hearing.
` Special Magistrate Hearing
June 26, 2014
Page 3 of 4
A cert'rfied copy of this Order may be recorded in the Public Records of Palm Beach
County, Florida, and, once recorded, shaH constitute a lien against the property upon
which the violation exits and upon any other real or personal property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
Repeat Violation Hearinqs - None
Violation Hearinqs
3. Case Number: 2014-00093
Lawrence Zielinski
430 Dover Road
Tequesta, FL 33469
P C N : 60-42-40-25-06-015-0232
Legal Description: JUPITER IN THE PINES LT 23
(LESS SLY 15 FT OF WLY 19.91 FT OF ELY 15
FT OR2505 P1 402 K/A LIFT STATION) BLK 15
International Property Maintenance Code
Chapter 3 Section 302.8 Motor Vehicles
This case was withdrawn.
Forclosure Authorizations - None
Fine Reduction Hearinqs - None
Minutes
Special Magistrate Wagner approved the minutes of the May 22, 2014 hearing.
Adjournment
There being no further cases, the meeting was adjourned.
RespectFully submitted,
� Special Magistrate Hearing
June 26, 2014
Page 4 of 4
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Betty Laur
Recording Secretary
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