Loading...
HomeMy WebLinkAboutMinutes_Special Master_12/11/2014 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES December 11, 2014 PRESENT: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, and Village Attomey 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 Hearings — None Fine Assessment Hearinqs 1. 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Legal Description: RIDGEWOOD HOMES LOT 4 Chapter 30 Article 11 Section 30-33; Prohibited Conditions This case was withdrawn. Repeat Violation HearinQs 2. Case Number: 2014-00165 Harriett Johnson 4480 County Line Road Tequesta, FL 33469 PCN: 60-42-40-25-00-000-1130 Legal Descriptibn: 25-40-42, W% of E'/4 QF NW'/ OF NE'/o (LESS S 30 FT C�F N 63 FT OF W 20 FT& P652 P40) Chapter 46 Article III Section 46-73; Parking of certain commercial vehicles, trucks and recreational vehicles in R-1, R-2 and R-3 districts Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-612; Other uses This case was withdrawn. . Special Magistrate Hearing � December 11, 2014 Page 2 of 7 3. Case Number: 2014-00161 Charles Pfeiffer 240 Fairway East Tequesta, FL 33469 . PCN: 60-42-40-26-01-000-2200 Legal Description: TEQUESTA LT 220 Chapter 10 Article II Section 10-34; Dogs running at large Findings of fiact 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. Code Enforcement Officer Joe Petrick testified to the existence of the repeat violations which occurred six separate times between September and November, 2014. In addition, Neil Chande and Brian Sunderhauf from the Tequesta Country Club testified to their observations of Respondent's dog running at large on golf course property. Finally, Tom Dasher, 244 Fairway East, testified to his observations of the Respondent's dog running at large. Respondent was previously found to be in repeat violation of this same code section in October, 2013. Conclusions of law were that based on the above-stated facts, Respondent is in repeat violation of Chapter 10, Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. The violations of dogs running at large constitute a threat to the public health, safety and welfare. It was the Order of the Speciai Magistrate that a fine of $500.00 be assessed for each of the six separate violations established to have occurred, for a total fine of $3,000.00. Respondents also were assessed the Village's administrative costs in the amount of $181.98. In addition, the Village may abate the violation that constitutes a nuisance and a threat to the public health, safety and welfare, by taking reasonable actions to repair the border fience to prevent Respondent's dogs from escaping the property 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 ar�y present or future liability for any damage to the property that may result from such good faith attempts to abate the violation. 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 Respondent at a properly noticed hearing for that purpose. Should Respondent violate the same Section of the Code again, Respondent may be subject to additional fines of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector is nat required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the . Speciai Magistrate Hearing � December 11, 2014 Page 3 of 7 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. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 22" day of January, 2015 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Ftorida, and, once recorded, shall constitute a lien against the property upon which #he violation exi#s and upon any other rea� or personal proper#y owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Violation Hearin±�s 4. Case Number: 2014-00175 Charfes Pfeiffer 240 Fairway East Tequesta, FL 33469 PC N : 60-42-40-26-01-000-2200 Legal Description: TEQUESTA LT 220 Chapter 46 Article 111 Section 46-73; Parking of certain commercial vehicles, trucks & recreational vehicles in R-1, R-2 & R-3 districts Findings of fact were the Respondent, Charles Pfeiffer, was not present; however, there was a finding of proper notice. Code Enforcement Oificer 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 violation is comprised of an unlawfully p�rked trailer. Conclusions of law were that the above-stated facts consti�ute a violation of Chapter 46, Article III Section 46-73 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Chapter 46, Article III Section 46-73 of the Code of Ordinances of the Village of Tequesta no later than five days from the date of this Order. If Respondent fails to achieve compliance as set forth in this Order, daily fines of $100.00 per day may be assessed for each day the violations continue beyond the dates set for compliance in this Order. Respondent is also hereby assessed $193.96 for administrative costs incurred by the Village in bringing this case to hearing. Respondent was given notice to appear at the Fine Assessment Hearing which wifl be held on the 22" day of January, 2015 at 10:00 a.m. at Village Hali, Council Chambers, , Speciai Magistrate Hearing � December 11, 2014 Page 4 of 7 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that Respondent has timely brought his properiy into compliance. A c+ertified 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 Sfatutes. 5. Case Number: 2014-00149 Deutsche Bank National Trust Co TR CT Corporation System 462 Tequesta Drive Tequesta, FL 33469 PCN: 60-42-40-25-06-021-0040 Legal Description: JUPITER IN THE PINES SEC B LT 4 BLK 21 Chapter 78 Article IX Section 78-758; Child restraint barrier required IPMC Chapter 3 Section 302.7; Accessory structures Findings of fact were the Respondent, Deutsche Bank National Trust Co., was not present; 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 eviden�e. The violation is are comprised of an unlawfully maintained pool barrier/fence. Conclusions of law were that the above-stated facts constitute a violation of Chapter 78, Article IX Section 78-758 (tPMC Ch. 3, Sec. 302.7) of the Code of Ordinances of the Village of Tequesta. The violation constitutes a nuisance and a threat to the public health, safety and welfare. The Respondent was ordered to comply with Chapter 78, Articte IX Section 78-758 (IPMC Ch. 3, Sec. 302.7) of the Code of Ordinances of the Village of Tequesta immediafiely. in addition, the Village may abate the violation that constitutes a nuisance and a threat to the public health, safety and welfare, by taking reasonable actions to properly secure the pool barrier/fence 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 violation. 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 . Special Magistrate Hearing ' December 11, 2014 Page 5 of 7 be assessed against the Respondent at a properly noticed hearing for that purpose. Respondent is also hereby assessed $207.92 for administrative costs incurred by the Viliage in bringing this case to hearing. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on the 22" day of January, 2015 at 10:00 a.m. at Viilage Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that you have timely brought your property in#o compliance. A certified copy of this Order may be recorded in the Public Records of Palm Beach Counfiy, 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. 6. Case Number: 2014-00148 Dollar Tree Store DDR Southeast Tequesta LLC CT Corporation Systems Corp. Creations Network Inc. 113 N. US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-00-003-0050 Legal Descrip#ion: 30-40-43, WLY 692.40 FT OF GQVLT 3 LYG E OF & ADJ TO SR 5(LESS N 200 FT, PB61 P32 & PB65P103p) & NLY 121.76 FT OF ELY 3000 Chapter 34 Article III Section 34-63; Fees This case was withdrawn. Forclosure Authorizations 7. Case Plumber: 2012-00079 Mikki and Doris Thomas 414 Cypress Drive #D Tequesta, FL 33469 PCN: 60-43-40-30-34-001-0014 Legal Description: CYPRESS VILLAS UNIT D BLDG TR 1 OF PAR A Chapter 30 Article II Section 30-33; Prahibited Conditions � Special Magistrate Hearing ° December 11, 2014 Page 6 of 7 Findings of fact were the Respondents, Mikki and Doris Thomas, were not presen# at the hearing; however, there was a finding of proper notice of the hearing, and that the Village has a valid lien imposed by the Order Assessing Fine dated December 22, 2013, recorded in the Public Records of Palm Beach County at ORB 26551 P 0781 on January 9, 2014. Said lier� has been recorded more than three months from #he dafie of this Order Authorizing Foreclosure and remains unpaid. Conclusions of law were that based on the above-stated facts, the required conditions have been satisfied for the Special Magistrate to authorize foreclosure of such lien by the Village pursuant to Sec. 162.09(3), Florida Statutes. It was the Order of the Special Magistrate that the Village of Tequesta is hereby authorized to foreciose on the subject property loeated at 414 Cypress Drive #D, Teques#a, Florida 334fi9, pursuant to Sec.162.09(3), Florida Statutes. Fine Reduction Hearinqs 8. Case Number: 2014-00120 Clifford Gilbert and Dana Lorraine Sheehan 109 Beechwood Trail Tequesta, FL 33469 PCN: 60-42-40-25-25-000-1340 Legal Description: TEQUESTA PINES LOT 134 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent, Dana Gilbert, was present at the hearing; there was a finding that proper notice was given. The original Fine was assessed in the amount of One Thousand Fifty Dollars ($1,050.40). The Village also incurred administrative costs in the amount of $398.96 from bringing this case. The Respondent appeared and presented testimony seeking reduction of the fine amount previously assessed. The Village objected to any reduction since this was a repeat violation. tt was the Order of the Village of Tequesta Special Magistrate that the request for a fine reduction be granted, and the fine amount of $1,050.00 be reduced to $500.00. The Respondents shall also pay the Village's administrative costs in the amount $398.96. The reduced fine plus administrative costs shall be paid in full no later than January 26, 2015, or the original, full lien amount sha11 be reinstated. A certified copy of this Order may be recorded in the Public Records ofi Palm BeacM County, Florida, and, once recorded, shall constitute a lien against the praperty upon which the viola#ion exits and upon any other real or personal property owned by the Respondenfis, pursuant to Chapter 162, Florida Statutes. Speciai Magistrate Hearing December 11, 2014 Page7of7 Minutes Special Magistrate Wagner approved the minutes of the October 23, 2014 hearing. Adjournment There being no further cases, ��he meeting was adjourned. RespectFully submitted, ��x,�x J " Betty Laur Recording Secretary ATTEST: :--� � / �` -� Code Enforcement Officer APPROVED: !1 �i�� � �� �,,; �,, 1 : _ j � ..�. r. � , . , _ � , � :a; , Special Magistrate ' ;>%�� Date Approved , :. �,,.,..