The URL can be used to link to this page

Home My WebLink AboutMinutes_Special Master_08/25/2014 VILLAGE OF TEQUEST�1 SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES August 25, 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 Hearinps — None Fine Assessment Hearinqs - None Repeat Violation Hearings 1. Case Number: 2014-00105 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Legal Description: TEQUESTA VILLAGE CENTER PAR 4 Chapter 78 Article IX Section 78-612; Other uses This case was withdrawn. Violation Hearinqs 2. Case Number: 2014-00107 Okee Hammock Inc Carlos Vegara 91 Willow Road # 107 Special Magistrate Hearing August 25, 2014 Page 2 of 5 Tequesta, FL 33469 PCN: 60-43-40-30-17-000-1070 Legal Description: BLAIR HOUSE COND B UNIT 107 Chapter 14 Article VI Section 14-152; Building Permits Chapter 14 Article VI Sec#ion 14-157; Fee for jobs started w/o permit 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, and Tequesta Police Department Officer Valerio provided testimony as evidence of the violations, as contained in the Village's evidentiary case file which was accepted into evidence. As of the hearing on August 25, 2014, based on testimony and evidence presented by the Code Enforcement and police officers, the property was not in compliance with Chapter 14, Article VI Sections 14-152 and 14-157 of the Code ofi Ordinances of the Village of Tequesta. The violations are comprised of unpermitted construction work, and specifically unpermitted installation of new doors and windows. Conclusions of law were that the above-stated facts constitute a violation of Chapter 14, Article VI Sections 14-152 ad 14-157 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Chapter 14, Article VI Sections 14-152 and 14-157 of the Code of Ordinances of the Village of Tequesta no �ater than September 26, 2014. If the Respondent fails to achieve compliance, a daily fine of $50.00 per day shall be assessed for each day the violation continues beyond the date set for compliance in this Order. Respondent was also assessed $202.98 for administrative costs incurred by the Vill�ge in bringing this case to hearing. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 29 day of September, 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 the 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 August 25, 2014 Page 3 of 5 3. Case Number: 2014-00099 Arthur and Teresa Ma�eld 14 Ridgewood Circle Tequesta, FL 33469 PCN: 60-42-40-25-09-000-0040 Legal Description: RIDGEWOOD HOMES LT 4 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent Arthur Ma�eld 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 violations, as contained in the Village's ev�dentiary case file which was accepted into evidence. Arthur Mayfield provided testimony and documentary evidence regarding physical injury issues which prevented him from properly maintaining his property. Mr. MayField also testified that as of the hearing, the fawn has been mowed and that a lawn maintenance service has been hired to maintain the landscaping on the property. Mr. Mayfield further testified that he was working toward repairing the swimming pool pump, but required additional time to do so. As of the hearing on August 25, 2014, based on testimony and evidence presented by the Code Enforcement Officer and by the Respondent, 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 are comprised of unmaintained landscaping and stagnant, untreated swimming pool water. 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 Respondents were ordered to comply with 30, Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta as follows: 1. Respondents shall have 30 days from the date of this Order to comply with all landscaping related violations and remedial swimming pool water treatment via use of shock treatment. 2. Respondents shall have 60 days from the date of this Order to have the swimming pool machinery operational and in use. 3. If the Respondents fail to achieve compliance as set forth in this Order, daily fines of up to $250.00 per day may be assessed for each day the violations continue beyond the dates set for compliance in this Order. 4. Respondents are also hereby assessed $214.44 for administrative costs Special Magistrate Hearing August 25, 2014 Page 4 of 5 incurred by the Village in bringing this case to hearing. Respondents are granted 60 days to pay said administrative costs. Respondents were given notice to appear at the Fine Assessment Hearing which will be held on the 11 day of December, 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 properly upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. Forclosure Authorizations - None Fine Reduction Hearinqs - None Minutes Special Magistrate Wagner approved the minutes of the June 26, 2014 hearing. Adjournment There being no further cases, the meeting was adjourned. Respectfully submitted, �� Betty Laur Recording Secretary ATTEST: f� � Code Enforcement Officer Special Magistrate Hearing August 25, 2014 Page 5 of 5 �_ _-- ; �'" APPRO : , , j ; , I �� L� � ;, �� - � , � S{�ecial " istrate ``� Date Approved� t�