HomeMy WebLinkAboutMinutes_Special Master_02/26/2015 VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
MINUTES
February 26, 2015
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 Hearinps
1. Case Number: 2012-00079
Mikki and Doris Thomas
414 D Cypress Drive
Tequesta, FL 33469
PCN: 60-43-40-30-34-001-0014
Legal Description: CYPRESS VILLAS UN1T D BLDG TR 1 OF PAR A
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were Respondents are the owners of the property described above, and
Respondents were not present at the hearing; however, there was a finding of proper
notice. An Order Finding Violation was entered in September of 2013, finding violations
of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of
Tequesta. Respondents were ordered to bring the property into compliance immediately
and the Village was permitted to abate the violations if Respondents failed to comply
and assess the costs of the Village's abatement actions against Respondents. An
Order Assessing Fine was entered in December 2013, assessing abatement costs of
$5,000.00 and administrative costs of $957.11 and $187.11. The Village has now
incurred additional abatement costs in the amount of $4,862.62.
Conclusions of law were that based on the facts stated above, Respondents remained
in violation of Chapter 30 Article f I Section 30-33 of the Code of Ordinances of the
Village of Tequesta.
It was the Order of the Special Magistrate that Respondents be assessed $4,862.62 in
additional abatement costs incurred since assessment of the original $5,100.00 in
abatement costs assessed at the December 2013 hearing. Previously assessed
administrative costs of $957.11 and $187.11 were ratified, and $205.92 in new
administrative costs for the February 26, 2015 hearing were assessed.
Special Magistrate Hearing
, . February 26, 2015
Page 2 of 5
A certified copy of this Order may be recorded in the Public Records of Palm Beach
County, Florida, and, once recorded, shali 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, Fiorida Statutes.
Repeat Violation Hearinqs
2. Case Number: 2015-00008
Deborah Kresser
423 Beacon Street
Tequesta, FL 33469
PCN: 60-42-40-25-06-022-0240
Legal Description: JUPITER IN THE PINES SEC B LT 24 BLK 22
Chapter 14 Article VI Section 14-152; Bui{ding Permits
Findings of fact were the Respondent is the owner of the above-described property, the
Respondent was not present at the hearing, and Respondent is in the process of
bringing the property into compliance, but requires additional time to complete the work.
As such, the parties previously agreed to continue this matter to the April 23, 2015
agenda.
It was the Order of the Code Compliance Special Magistrate that this matter be
continued to the April 23, 2015 agenda, to be heard at 10:00 am at the Vil{age Ha11
Council Chambers, 345 Tequesta Drive, Tequesta, F{orida 33469.
Violation Hearinqs
3. Case Number: 2014-00165
Harriett Johnson
4480 County Line Road
Tequesta, FL 33469
PCN: 60-42-40-25-00-000-1130
Legal Description: 25-40-42, W'/z of E'l4 OF NW'/4 OF NE'/4
(LESS S 30 FT OF N 63 FT OF W 20 FT& PB52 P40)
Chapter 46 Article !11 Section 46-73; Parking of certain commercia{
vehicles, trucks and recreational vehicles in R-1, R-2 and R-3
distriets
Chapter 14 Article VI Se�tion 14-152; Bui{ding Permits
Special Magistrate Hearing
, , , February 26, 2015
Page 3 of 5
Chapter 14 Article VI Section 14-157; Fee for job started w/o a
permit
Findings of fact were Respondent is the owner of the property described above,
Respondent was not present at the hearing; however, there was a finding of proper
notice. Based upon evidence, pictures and testimony presented at the hearing on
February 26, 2015, the Special Magistrate found that the property was in violation of
Chapter 14 Article VI Section 14-152; and Chapter 14 Article VI Section 14-157 of the
Code of Ordinances of the Village of Tequesta.
Conclusions of law were that the facts stated above provided sufficient evidence that
Respondent violated Chapter 14 Article VI Section 14-152; and Chapter 14 Article VI
Section 14-157 of the Code of Ordinances of the Village of Tequesta.
Respondent was ordered by the Special Magistrate to allow the �Ilage of Tequesfia's
Building Official or the Designee of the Building Official to enter and inspect the property
within ten days of the date of this order. If Respondent fails to allow the Village Building
OfFicial or the Designee of the �Ilage Building Official to enter and inspect the property
within ten days of the date of this order, a fine of up to $250.00 per day may be
assessed for each day the Village Building Official or the Designee of the Village
Building Official is prohibited from entering and inspecting the property.
Respondent was assessed $196.46 for administrative costs incurred by the Village prior
to today's hearing.
Notice was given to Respondent to appear at the Status Hearing which will be held on
the 23rd day of April, 2015 at 10:00 a.m. at Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer has
certified 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 exists and upon any other real or personal property owned by
Respondent, pursuant to Chapter 162, Florida Statutes.
4. Case Number: 2014-00181
2TWOT Partners LLC
Erenst & Johna Fidanza
225 Beach Road Unit 205
Tequesta, FL 33469
PCN: 60-43-40-32-03-000-2050
Legal Description: OCEAN VILLAS COND APTS UNIT 205
Chapter 14 Article VI Section 14-152; Building Permits
Special Magistrate Hearing
, , . February 26, 2015
Page 4 of 5
Findings of fact were Respondents are the owners of the above-described property,
Respondents were present at the hearing and notice of the hearing was proper. Based
upon the evidence, and testimony presented at the hearing on February 26, 2015, the
Special Magistrate found Respondents refused to allow the Village's Building Official or
the Designee of the Village's Building Official to enter and inspect the property and
sufficient evidence that Respondents are in violation of Chapter 14 Article VI Section 14-
52 of the Code of Ordinances of the Village of Tequesta.
Conclusions of law were that the facts stated above provided sufficient evidence that
Respondents violated Chapter 14 Article VI Section 14-52 of the Code of Ordinances of
the Village of Tequesta.
The Spe�ial Magistrate ordered Respondents to allow the Village of Tequesta's Building
Official or the Designee of the Building Official to enter and inspect the property within
ten days of the date of this order. If Respondents fail to allow the Village Building Official
or Designee of the Village Building Official to enter and inspect the property within ten
days of the date of this order, a fine of up to $250.00 may be assessed for each day the
Village Building Official or Designee of the Village Building Official is prohibited from
entering and inspecting the property.
Respondents were assessed $233.32 for administrative costs incurred by the Village for
today's hearing.
Notice was given to Respondents to appear at the Status Hearing which will be held on
the 23rd day of April, 2015 at 10:00 a.m. at Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies
that you have timely brought your 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 exists and upon any other real or personal property owned by
Respondents, pursuant to Chapter 162, Florida Statutes.
Forclosure Authorizations - None
Fine Reduction Hearinqs - None
Minutes
Special Magistrate Hearing
February 26, 2015
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Special Magistrate Wagner approved the minutes of the January 22, 2015 hearing.
Adjournment
There being no further cases, the meeting was adjourned.
RespectFully submitted,
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Betty Laur
Recording Secretary
ATTEST,.
Cqd n orcement Officer
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APPROVED: �,/
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Special Magistrate Date Approved
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