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HomeMy WebLinkAboutMinutes_Special Master_01/22/2015 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES January 22, 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 Hearings 1. Case Number: 2014-00161 Charles Pfeiffer 240 Fairway East Tequesta, FL 33469 PC N : 60-42-4Q-26-01-000-2200 Legal Description: TEQUESTA LT 220 Chapter 10 Article II Section 10-34; Dogs running at large Findings of fact were the Respondent was the owner of the above-described property; the Respondent was present at the hearing, and there was a finding of proper notice. Code Enforcement Officer Joe Petrick testified to the abatement activities and costs undertaken and assumed by the Village since the rendering of the Order Finding Repeat Violation and Assessing Fine in this case. Specifically, the Village incurred $4,118.00 in abatement costs related to security fence installation. The Respondent did not offer any testimony. Conclusions of law were that based on the above-stated facts, Respondent was in repeat violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. However, due to the abatement action taken by the Village, the violations had been corrected and no longer constituted a threat to the public health, safety and welfare. It was the Order of the Special Magistrate that abatement costs in the amount of $4,118.00 were assessed along with administrative costs related to this hearing in the amount of $181.98, and that 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. , Special Magistrate Hearing January 22, 2Q15 Page 2 of 6 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. 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. 2. Case Number: 2014-00175 Charles Pfeiffer 240 Fairway East Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2200 Legal Description: TEQUESTA LT 220 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 Findings of fact were the Respondent was the owner of the above-described property; the Respondent was present at the hearing; there was a finding of proper notice. Respondent testified that he could provide documentation regarding the actual date of compliance in this case. The Village agreed to continue the hearing until the February 26, 2015 hearing to allow the Respondent to produce the documentation, and that no further findings shall be made at this time. It was the Order of the Special Magistrate that this matter be continued to the February 26, 2015 agenda for further consideration and action at that time. Notice was given to Respondent to appear at the Fine Assessment Hearing which wi11 be held on the 26 day of February, 2015, at 10:00 a.m. at Village Hal{, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer has certified that Respondent has timely brought his property into compliance. Repeat Violation Hearinas 3. Case Number: 2014-00165 . Speciai Magistrate Hearing January 22, 2015 Page 3 of 6 Harriett Johnson 4480 County Line Road Tequesta, FL 33469 PCN: 60-42-40-25-00-000-1130 Legal Description: 25-40-42, W%2 of E%4 OF NW'/ OF NE'/4 (LESS S 30 FT OF N 63 FT OF W 20 FT& PB52 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 Findings of fact were the Respondent was the owner of the above-described property; Respondent was present at the hearing; there was a finding of proper notice. Code Enforcement Officer Joe Petrick testified to the existence of the repeat violation which was first observed October 30, 2014 and continued to the present date. The Respondent was previously found to be in violation of #his same code section in 2014. Conclusions of law were that based on the above-stated facts, Respondent was in repeat violation of Chapter 78, Article IX Section 78-612 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of One Hundred Dollars ($100.00) per day be assessed beginning on October 30, 2014, for a total fine of Eight Thousand Four Hundred Dollars ($8,400.00). Said fine shall continue to accrue at the rafie of $100.00 per day until compliance is achieved. Respondent was also assessed the Village's administrative costs in the amount of $194.96. Notice was given to Respondent that should she 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. 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. Violation Hearin4s . Special Magistrate Hearing January 22, 2015 Page 4 of 6 4. Case Number: 2014-00181 2TWOT Partners LLC Erenst & Johna Fidanza 225 Beach Road Unit 205 Tequesta, FL 33469 PC N : 60-43-40-32-03-000-2050 Legal Description: OCEAN VILLAS COND APTS UNIT 205 Chapter 14 Article VI Section 14-152; Building Permits This case was withdrawn. Forclosure Authorizations - None Fine Reduction Hearinqs 5. Case Number: 2011-00112 US Bank National Association Frank Verna, PA Real Estate 12fi Magnolia Way Tequesta, FL 33469 PC N : 60-42-40-25-45-000-0510 Legal Description: RIVERSIDE OAKS REPL LT S1 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent, US Bank National Assn., was present at the hearing represented by Frank Verna, PA Real Estate; there was a finding that proper notice was given. The original fine had accrued to a total amount of Fifty Four Thousand Nine Hundred Fifty Dollars ($54,950.00). The Village also incurred administrative costs in the amount of $724.96 from bringing this case. The Respondent appeared and presented testimony seeking reduction of the fine amount previously assessed, and testified that they were working toward selling the property to a new resident. The Village offered testimony that the property was in compliance. Conclusions of law and order of the Special Magistrate were that the request for a fine reduction was granted. The fine amount of $54,950.00 shall be reduced to $3 The Respondent shall also pay the Village's administrative costs in the amount $724.96. The reduced fine plus administrative costs shall be paid in full no later than March 9, 2015, or the original, full lien amount shall be reinstated. 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 . Special Magistrate Hearing January 22, 2015 Page 5 of 6 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: 2011-00143 Suzanne Merkt (Park) 75 Willow Road Tequesta, FL 33469 PCN: 60-43-40-30-06-000-0630 Legal Description: RIDGEWOOD HOMES SEC 2 LT 63 Chapter 14 Article VI Section 14-152; Building Permits Findings of fact were the Respondent, Suzanne Merkt, was present at the hearing; there was a finding that proper notice was given. he original fine had accrued to a total amount of Fifty Seven Thousand Dollars ($57,000.00). The Village also incurred administrative costs in the amount of $525.29 from bringing this case. The Respondent appeared and presented testimony seeking reduction of the fine amount previously assessed, and advised that she was scheduled to close on the sale of the property within the next 30 days. The Village offered testimony that the property was in compliance, and that all necessary permits had been obtained. Conclusions of law and order of the Village of Tequesta Special Magistrate was that the request for a fine reduction was granted. The fine amount of $57,000.00 was reduced to $1,000.00. The Respondent was ordered to also pay the Village's administrative costs in the amount $525.29. The reduced fine plus administrative costs was to be paid in full no later than February 21, 2015, or the original, full lien amount shall be reinstated. 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 Sfatutes. Minutes Special Magistrate Wagner approved the minutes of the December 11, 2014 hearing. Adiournment There being no further cases, the meeting was adjourned. . � � Special Magistrate Hearing January 22, 2015 Page 6 of 6 Respectfully submitted, .� � �=��, � .�,�;�., �� Betty Laur Recording Secretary ATf EST: Co E forcement Officer ; APPROVED: ' ���'"�,� -- , ,�� � � �� :�=�)15 Special Magistrate Date Approved