HomeMy WebLinkAboutMinutes_Special Master_05/28/2015 VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE CODE ENFORCEMEN HEARING
MINUTES
May 28, 2015
PRESENT: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick,
and Village Attorney Jack Rice.
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was {ed by
Special Magistrate Kevin Wagner.
The following cases were heard by the Special Magistrate:
Status Hearings
1. Case Number: 2015-0003
Brooksdale Tequesta
ALS North America
205-211 Village Blvd
Tequesta, FL 33469
PCN: 60-43-40-30-46-001-0000
Legal: ALS PLAT OF VlLLAGE 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 Articfe {I 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 11 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 Matthew R. Chait, Esq. There
was a finding of proper notice. Based upon the evidence and testimony presented at
the hearing on May 28, 2015, Respondent was still in violation of Chapter 14 Article VI
Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Village
agreed to continue the fine assessment hearing unti! .luly 23, 2015 to a{low Respondent
additional time to bring the property into compliance with the Code of Ordinances.
The Special Magistrate ordered that the Fine Assessment Hearing of this matter shall
be continued until July 23, 2015, and that Respondent comply with Chapter 14, Article
VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta by proceeding
to have its new sign application processed by the Village Planning and Zoning Advisory
Board as soon as possible.
Special Magistrate Hearing
� May 28, 2015
Page 2 of 6
The previous assessment of $212.96 in administrative costs incurred by the Village at
fihe April 27, 2015 hearing was reaffirmed.
Respondent was given notice to appear at a Fine Assessment Hearing which will be
held July 23, 2015 at 10:00 a.m. at Village Hail Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469 unless the Code Enforcement Officer has certi�ed Respondent
has timely brought Respondent's 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.
2. Case Number: 2015-00021
Tequesta Investors LP
Alan Armour Esq.
Village Square
221 US HWY 1
Tequesta, FL 33469
PCN: 60-43-40-30-05-000-0901
Legal Description: WATERWAY VILLAGE L�T A
Chapter 50 Article Vil Sec. 50-213. - General maintenance
Chap#er 30 Article tl 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 Articie X Sec. 78-700. - Drainage and
maintenance of aff-street parking areas
Chapter 78 Article X Sec. 78-701. - Marking, lighting and
ca(ming of parking areas.
Chapter 14 Article VI Sec. '14-152; Building permits
Chapfier 14 Article VI Sec. 14-154. - E{ectrical permits.
Chapter 14 Article VI Sec. 14-153. - Plumbing permits.
Ghapfier 70 Articte 11 Sec. 70-44. - Engaging in business
without valid receipt; renewal of receipt; penaity for failure
to obtain receipt or pay tax.
Chapter 78 Articte VI Sec. 78-177. - C-2 community
commercial drstrict.
Chapter 78 Article X Sec. 78-745. - Prohibitians in aN zoning
districts.
Findings of fact were Respondent is fihe owner of the above-described property;
Respondent was present at the hearing, represented by Properly Manager Nebraska
Special Magistrate Hearing
� Nlay 28, 2015
Page 3 of fi
Moreno and Joan Gerrig. There was a finding of proper notice. Based upon the
evidence and testimony presented at the hearing on May 28, 2015, Respondent was
still in violation of Chapter 14 Article VI Sections 14-152, 14-153 and 14-154; Chapter
30, Article I1, Section 30-33; Chapter 50, Article Vli, Section 50-213; Chapter 70, Article
II, Secfiion 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.
The Special Magistrate ordered tha# the Fine Assessment Hearing of this matter sha8
be continued until July 23, 2015, and that Respondent comply with Chapter 14 Article VI
Sections 14-152, 14-153 and 14-154; Chapter 30, Article 11, Section 30-33; Chapter 50,
Article Vf l, Section 50-29 3; Chapter 70, Article I I, Section 70-44; Chapter 78, Article VI,
Section 78-177; Chapter 78, Article IX, Sections 7$-399 and 78-410; and Chapter 78,
Article X, Sections 7$-700, 78-701, and 78-745 of the Code of Ordinances of the
Village of Tequesta, by submitting all permits and acquiring site plan approval by July
23, 2015.
If Respondent fails to comply with this Order, a fine of $150 may be assessed for each
day the violations remain on the property. The previous assessment of $229.46 in
administrative costs incurred by the Vitlage at the April 23, 2415 hearing was reaffirmed.
Respondent was given notice to appear at a Fine Assessment Hearing which will be
held July 23, 2015 at 10:00 a.m. at Village Hall Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469 unless the Code Enforcement Officer has certified Respondent
has timely brought Respondent's 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 Ghapter 162, Florida Statutes.
FINE ASSESSMENT HEARINGS
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'/2 of E'/d OF NW'/4 OF NE'/
(LESS
S 30 FT OF N 63 FT OF W 20 FT& PB52 P40)
Chapter 46 Artide III Section 46-73; Parking of certain commercial
Special Magistrate Hearing
May 28, 2015
Page 4 of 6
vehicles, trucks and recreational vehicles in R-1, R-2 and 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 a
permit
Findings of fact were Respondent is the owner of the above-described property;
Respondent was present at the hearing and there was a finding of proper notice. Based
upon evidence, pictures, ar�d testimony presented at the hearing on May 28, 2015,
Respondent was still in violation of Chapter 14 Article VI Sections 14-152, and Chapter
14, Article VI, Seation 14-157 of the Code of Ordinances of the Village of Tequesta.
Respondent requested additional time to become compliant.
The Special Magistrate ordered that the Fine Assessment Hearing of this matter shall
be continued until July 23, 2015, and Respondent was ordered to bring her property into
compliance by July 22, 2015. The assessment of $196.46 in administrative costs
incurred by the Village at the January 22, 2015 hearing was reaffirmed.
Respondent was given notice to appear at a Fine Assessment Hearing which will be
held July 23, 2015 at 10:00 a.m. at Village Hall Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469 unless the Code Enforcement Officer has certified Respondent
has timely brought Respondent's 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.
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 P(NES SEC B LT 1 BLK 15
Chapter 30 Article II Se�tion 30-33; Prohibited Conditions
Chapter 78 Article IX Section 78-399; Main#anence
IPMC Chapter 302 Exterior Property Areas
Section 302.8 Motor Vehicles
Secfiion 302.4 Weeds
Sectian 303.2 Protective treatment
This case was withdrawn.
$pecial Magistrate Hearing
May 28, 2015
Page 5 of 6
REPEAT VIOLATION HEARINGS - None
VIOLATION HEARINGS
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; Building Permits
Chapter 14 Article VI Section 14-155; Mechanical Permits
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 Respondent is the owner of the above-described property;
Respondent was not present at the hearing. There was a finding of proper notice.
Code Enforcement Officer Joe Petrick testified that the property was still not compliant
but Respondent made a good faith effort to bring the property into compliance.
Respondent was in the process of bringing the property into compliance, but required
additional time to complete the work.
The Special Magistrate ordered that the Fine Assessment Hearing of this matter shall
be continued until July 23, 2015 to be heard at 10:00 a.m. at the Village Hall Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469.
6. Case Number: 2015-00036
Daniel and Pamela Freas
59 Yacht Club Place
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-5900
Legal Description: TEQUESTA LT 590
Chapter 46 Article III Section 46-73
Parking of certain commercial vehicles, trucks and recreational
Vehicles in R1-A district
Special Magistrate Hearing
- May 28, 2015
Page 6 of 6
This case was withdrawn.
Foreclosure Authorizations - None
Minutes
Special Magistrate Wagner approved the minutes of the April 23, 2015 hearing.
Adiournment
There being no further cases, the meeting was adjourned.
RespectFully submitted,
Betty Laur
Recording Secretary
ATTEST:
ode n orcement Officer
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