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HomeMy WebLinkAboutMinutes_Special Master_04/23/2015 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES April 23, 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 Hearinas 1. Case Number: 2014-00165 Harriett Johnson 4480 County Line Road Tequesta, FL 33469 PCN: 60-42-40-25-00-000-1130 Legal: 25-40-42, W% of E'/ OF NW %4 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 & R-3 districts Chapter 14 Article VI Section 14-152; Building Permits Chapter 14 Article VI Section 14-157; Fee for job started w/o permit Findings of fact were the Respondent is the owner of the property described above. The Respondent was present at the hearing; there was a finding of proper notice. Based upon evidence, pictures and testimony presented at the hearing on April 23, 2015, the Special Magistrate found that the property was in compliance with the violations that made up this case; however, the Respondent remains in violation of the violations that make up Case No. 2014-164. Conclusions of law were that the facts stated above provide sufficient evidence that Respondent is in compliance with of the Code of Ordinances of the Village of Tequesta; however, Respondent remains in violation of the viofations that make up Case No. 2014-164. Since Respondent remains in violation of the violations that make up Case No. 2014- 164, Respondent's request for fine mitigation in Case No. 2014-165 was DENIED by the Special Magistrate. Fine Assessment Hearinps Special Magistrate Hearing April 23, 2015 Page 2 of 8 2. 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Legal Description: OCEAN VILLAS COND APTS UNIT 205 Chapter 14 Article VI Section 14-152; Building Permits This case was withdrawn. Repeat Violation Hearinqs 3. 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JUPITER IN THE PINES SEC B LT 24 BLK 22 Chapter 14 Article VI Section 14-152; Building Permits This case was withdrawn. Violation Hearinqs: 4. Case Number: 2015-00017 American Home Mortgage Assets Trust Citi Bank NA TR 363 Riverside Drive Tequesta, FL 33469 PCN: 60-42-40-25-06-015-0010 Legal Description: JUPITER IN THE P1NES SEC B LT 1 BLK 15 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-399; Maintenance IPMC Chapter 302 Exterior Property Areas Section 302.8 Motor Vehicles Section 302.4 Weeds Section 303.2 Protective treatment Special Magistrate Hearing April 23, 2015 Page 3 of 8 Findings of fact were Respondent is the owner of the above-described property. Respondent was not present at the hearing; however, there was a finding or proper notice. Based upon the evidence, and testimony presented at the hearing on April 23, 2015, the Special Magistrate found Respondent to be in violation of Chapter 30 Article II Section 30-33; and Chapter 78, Article IX, Section 78-399; and IPMC Chapter 302, Sections 302.2, 302.4 and 302.8 of the International Property Maintenance Code of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the facts stated above provide sufficient evidence that Respondent is in violation of Chapter 30 Article II Section 30-33; and Chapter 78, Article IX, Section 78-399; and IPMC Chapter 302, Sections 302.2, 302.4 and 302.8 of the International Property Maintenance Code of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered Respondent to comply with Chapter 30 Article II Section 30-33; and Chapter 78, Article IX, Section 78-399; and IPMC Chapter 302, Sections 302.2, 302.4 and 302.8 of the International Property Maintenance Code of the Code of Ordinances of the Village of Tequesta no later than 10 days from the date of this Order. If Respondent fails to comply as stated herein, a daily fine of $50.00 per day shall be assessed for each day that the property remains in violation beyond the date set for compliance by the Special Magistrate. Respondent was also assessed $192.96 for administrative costs incurred by the Village for today's hearing. Respondent was given notice to appear at the Fine Assessment Hearing, which will be held on the 28th day of May 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 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 property upon which the violation exists and upon any other real or personal property owned by Respondents, pursuant to Chapter 162, Florida Statutes. 5. Case Number: 2014-00173 Tequesta Investors LP Alan Armour Esq. 3 Natives 219 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-05-000-0901 Legal Description: WATERWAY VILLAGE LOT A Chapter 14 Article VI Section 14-152; Buitding Permits Chapter 14 Article VI Section 14-155; Mechanical Permits Special Magistrate Hearing Apri123, 2015 Page 4 of 8 Chapter 14 Article VI Section 14-154; Electrical Permits Chapter 70 Article II Section 70-44; Engaging in business without valid receipt; penalty for failure to obtain receipt or pay tax Findings of fact were the Respondent is the owner of the above-described property. The Respondent was present at the hearing, represented by its property manager Nebraska Moreno and Joan Gerrig. There was a finding of proper notice. Respondent was in the process of bringing the property into compliance, but required additional time to complete the work. As such, the parties previously agreed to continue this matter to the May 28, 2015 agenda. The Code Compliance Special Magistrate ordered that this matter be continued to the May 28, 2015 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. 6. Case Number: 2015-00021 Tequesta Investors LP Alan Armour Esq. Village Square 221 US HWY 1 Tequesta, FL 33469 PC N : 60-43-40-30-05-000-0901 Legal Description: WATERWAY VILLAGE LOT A Chapter 50 Article VII Sec. 50-213. - General maintenance Chapter 30 Article II Sec. 30-33; Prohibited Conditions Chapter 78 Article IX Sec. 78-410. - Notice of violation. (landscaping) Chapter 78 Article IX Sec. 78-399. - Maintenance. Chapter 78 Article X Sec. 78-700. - Drainage and . maintenance of off-street parking areas Chapter 78 Article X Sec. 78-701. - Marking, lighting and calming of parking areas. Chapter 14 Article VI Sec. 14-152; Building permits Chapter 14 Article VI Sec. 14-154. - Electrical permits. Chapter 14 Article VI Sec. 14-153. - Plumbing permits. Chapter 70 Article II Sec. 70-44. - Engaging in busines without valid receipt; renewal of receipt; penalty for failure to obtain receipt or pay tax. Chapter 78 Article VI Sec. 78-177. - C-2 community commercial district. Chapter 78 Article X Sec. 78-745. - Prohibitions in all zoning Special Magistrate Hearing April 23, 2015 Page 5 of 8 districts. Findings of fact were Respondents are the owners of the above-described property. Respondents were present at the hearing, represented by property manager Nebraska Moreno and Joan Gerrig. There was a finding of proper notice. Based upon the evidence, and testimony presented at the hearing on April 23, 2015, including Respondent's acknowledgement and admission to being in violation of all cited code sections, the Special Magistrate found Respondent to be in violation of Chapter 14 Article VI Sections 14-152, 14-153 and 14-154; Chapter 30, Article II, Section 30-33; Chapter 50, Article VII, Section 50-213; Chapter 70, Article II, Section 70-44; Chapter 78, Article VI, Section 78-177; Chapfier 78, Article IX, Sections 78-399 and 78-410; and Chapter 78, Article X, Sections 78-700, 78-701 and 78-745 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the facts stated above provide sufficient evidence that Respondent is in violation of Chapter 14 Article VI Sections 14-152, 14-153 and 14-154; Chapter 30, Article II, Section 30-33; Chapter 50, Article VII, Section 50-213; Chapter 70, Article II, Section 70-44; Chapter 78, Article VI, Section 78-177; Chapter 78, Article IX, Sections 78-399 and 78-410; and Chapter 78, Article X, Sections 78-700, 78-701 and 78-745 of the Code of Ordinances of the Village of Tequesta. Respondent was ordered to comply with Chapter 14 Article VI Sections 14-152, 14-153 and 14-154; Chapter 30, Article II, Section 30-33; Chapter 50, Article VII, Section 50- 213; Chapter 70, Article II, Section 70-44; Chapter 78, Article VI, Section 78-177; Chapter 78, Article IX, Sections 78-399 and 78-410; and Chapter 78, Article X, Sections 78-700, 78-701 and 78-745 of the Code of Ordinances of the Village of Tequesta prior to July 23, 2015. if Respondents fail to comply with this Order, a fine of up to $250.00 may be assessed for each day the violations remain on the property. Respondents were also assessed $229.46 for administrative costs incurred by the Village for today's hearing. Respondents were given notice to appear at the Status Hearing, which will be held on the 28th day of May 2015 at 10:00 a.m. at �Ilage Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies that Respondents 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, shafl 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. 7. Case Number; 2015-0003 Brooksdale Tequesta Special Magistrate Hearing April 23, 2015 Page 6 of 8 ALS North America 205-211 Village Blvd Tequesta, FL 33469 PCN: 60-43-40-30-46-001-0000 Legal Description:ALS PLAT OF VILLAGE OF TEQUESTA PT OF TR A LYG E OF & ADJ TO PAR 2, TRS B THRU J& NOT LABELED AREAS A/K/A PAR 1 Chapter 22 Article II Sec. 22-53. - Powers and duties. Chapter 14 Article VI Sec. 14-152. - Building permits. Chapter 78 Article IX Sec. 78-612. - Other uses. Chapter 30 Article II Sec. 30-33. - Prohibited conditions. IPMC Chapter 303 303.2 Protective treatment. Findings of fact were Respondent is the owner of the above-described property. Respondent was present at the hearing, represented by regional manager Ross Steketee and Executive Director Lisa Sliney. There was a finding of proper notice. Based upon the evidence, and testimony presented at the hearing on Apri123, 2015, the Special Magistrate found Respondent to be in violation of Chapter 14 Article VI Sections 14-152 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the facts stated above provided sufficient evidence that Respondent was in violation of Chapter 14 Article VI Sections 14-152 of the Code of Ordinances of the �Ilage of Tequesta. Respondent was ordered to comply with Chapter 14 Article VI Sections 14-152 of the Code of Ordinances of the Village of Tequesta by proceeding to have its new sign application processed by the �Ilage Planning and Zoning Advisory Board as soon as possible. Respondent was assessed $212.96 for administrative costs incurred by the Village for today's hearing. Respondent was ordered to appear at the Status Hearing, which will be held on the 28th day of May 2015 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 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 property upon which the violation exists and upon any other real or personal property owned by Respondents, pursuant to Chapter 162, Florida Statutes. Foreclosure Authorizations - None Fine Reduction Hearinqs: Special Magistrate Hearing April 23, 2015 Page7of8 8. Case Number: 2014-00165 Harriett Johnson 4480 County �ine Road Tequesta, FL 33469 PCN : 60-42-40-25-00-000-1130 Legal: 25-40-42, W'/2 of E'/ OF NW '/4 OF NE '/4 (LESS S 30 FT OF N 63 FT OF W 20 FT& PB52 P40) Chapter 78 Article IX Section 78-612; Other Uses Findings of fact were the Respondent is the owner of the property described above. The Respondent was present at the hearing; there was a finding of proper notice. Based upon evidence, pictures and testimony presented at the hearing on April 23, 2015, the Special Magistrate found that the property was in compliance with the violations that made up this case; however, the Respondent remains in violation of the violations that make up Case No. 2014-164. Conclusions of law were that the facts stated above provide sufficient evidence that Respondent is in compliance with of the Code of Ordinances of the Village of Tequesta; however, Respondent remains in violation of the violations that make up Case No. 2014-164. Since Respondent remains in violation of the violations that make up Case No. 2014- 164, Respondent's request for fine mitigation in Case No. 2014-165 was DENIED by the Special Magistrate. Minutes Special Magistrate Wagner approved the minutes of the March 26, 2015 hearing. Adjournment There being no further cases, the meeting was adjourned. RespectFully submitted, � ,� �?..i:. c �.���;r ��Y "`- � J �� Betty Laur Recording Secretary Special Magistrate Hearing April 23, 2015 Page 8 of 8 ATTEST: � Cod n orcement Officer APPROVED: ���, -- , � �� , Sp ial M�strate Date Approved :,