The URL can be used to link to this page

Home My WebLink AboutMinutes_Special Master_07/23/2015 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES July 23, 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 led by Special Magistrate Kevin Wagner. The following cases were heard by the Special Magistrate: Status Hearinqs — None Fine Assessment Hearinqs 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 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 the Respondent was the owner of the above-described property and was represented at the hearing by Nicole Plunkett of Cotleur & Hearing; notice was proper. The Respondent was in the process of bringing the property into compliance, but required additional time to complete the work. As such, the parties agreed to continue this matter to the October 22, 2015 agenda. It was the Order of the Code Compliance Special Magistrate that this matter be continued to the October 22, 2015 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. 2. Case Plumber: 2015-00021 � Special Magistrate Hearing � July 23, 2015 Page 2 of 7 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 Chapfier 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 business 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 districts. Findings of fact were Respondent was the owner of the above-described property, and was represented at the hearing by Richard Aaronburg, the Managing General Partner; notice was proper. By the April 2015 Order Finding Violatian, the Special Magistrate ordered the Respondents to comply with sections 50-2� 3, 30-336, 78-410, 78-399, 78- 700, 78-701, 14-152, 14-154, 14-153, 70-44, 78-177, 78-745 of the Code of Ordinances of the Village of Tequesta on or before July 22, 2015. Based upon the evidence, pictures, and testimony presented at the hearing on July 23, 2015, the Special Magistrate found that the property remained in violation of Sections 50-213, 30-336, 78- 410, 78-399, 78-700, 78-701, 14-152, 14-154, 14-153, 70-44, 78-177, 78-745. Conclusions of law were that the above-stated facts constituted a continuing violation of Sections 50-213, 30-336, 78-410, 78-399, 78-700, 78-701, 14-152, 14-154, 14-153, 70- 44, 78-177, and 78-745 of the Code of Ordinances of the Village of Tequesta. � Special Magistrate Hearing ' July 23, 2015 Page 3 of 7 It was the Order of the Special Magistrate that a fine of $150 be assessed, at a rate of $150 per day, for the violations which have existed on the property beginning from July 22, 2015; and the fine amount shall continue to accrue until compliance is achieved. Respondent was also assessed $231.46 for administrafiive costs incurred by the Village at the July 23, 2015 hearing. 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 properiy upon which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. 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'/ 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 5ection 46-73; Parking of certain commercial 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 This case was withdrawn. Repeat Violation Hearinas - None Violation Hearinqs 4. Case Number: 2014-00173 Tequesta Investors LP Alan Armour Esq. 3 Natives 219USHWY1 Tequesta, FL 33469 PCN: 60-43-40-30-05-000-0901 • Special Magistrate Hearing � July 23, 2015 Page 4 of 7 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 7Q Article II Section 70-44; Engaging in business Without valid receipt; penalty for faifure to obtain receipt or pay tax Findings of fact were the Respondent was not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into evidence. As of the hearing July 23, 2015, based on testimony presented by code enforcement officers, the property was in compliance with sections 14-152, 14-155, and 12-154, but not in compliance with section 70-44. Conclusions of law were that the above-stated facts constituted a violation of Section 70-44 of the Code of Ordinances of the Village of Tequesta. Respondent was ordered to comply with section 70-44 of the Code of Ordinances of the Village of Tequesta by October 21, 2015. If the Respondent fails to achieve compliance by October 21, 2015, a fine for an amount determined under Chapter 205, Florida Statutes, will be imposed for each day the violation continues to accrue. Respondent was also assessed $187.96 for administrafiive costs incurred by the Village at the July 23, 2015 hearing. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on October 22, 2015 at ten o'clock in the morning at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer has certified Respondent had timely brought their property into compliance. Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine 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. 5. Case Number: 2015-00069 Wells Fargo Bank NA TR Troy Mathis 731 US HWY 1 • Special Magistrate Hearing ' July 23, 2015 Page 5 of 7 Tequesta, FL 33469 PCN: 60-43-40-30-02-002-0060 Legal Description: JUPITER HEIGHTS LOT 6 TO 13 iNC & ABND 40 FT STRIP LYG W& ADJ THERETO BLK 2 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-399; Maintenance Findings of fact were the Respondent was 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 provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into evidence. As of the hearing on July 23, 2015, based on testimony presented by Officer Petrick, the property was in compliance with Sections 30-33 and 78-399, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of law were that the above-stated facts constituted a violation of Sections 30-33 and 78-399 of the Code of Ordinances of the Village of Tequesta. Respondent was ordered to continue to comply with Sections 30-33 and 78-399 of the Code of Ordinances of the Village of Tequesta. Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine 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. 6. Case Number: 2015-00056 Louis Rivera 165 Magnolia Way Tequesta, FL 33469 PC N : 60-42-40-25-45-000-0310 Legal Description: RIVERSIDE OAKS REPL LT 31 Chapter 78 Article III Section 78-255; General requirements and Special regulations Findings of fact were the Respondent was not present at the hearing; however, there was a finding of proper no#ice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file that was accepted into evidence. The current tenant of Respondent provided testimony at the hearing of his tenancy at the subject property. As of the hearing on July 23, 2015, based on testimony presented by Code Enforcement officers, the property was not in compliance with Section 78-255. , � Special Magistrate Hearing ' July 23, 2015 Page 6 of 7 Conclusions of law were that the above-stated facts constitute a violation of Section 78- 255 of the Code of Ordinances of the Village of Tequesta. Respondent was ordered to comply wi#h Section 78-255 of the Code of Ordinances of the Village of Tequesta by August 13, 2015. If the Respondent fails to achieve compliance on or before August 13, 2015, a fine of $100 per day may be imposed for each day the violation continues to exist. Respondent was assessed $193.46 for administrative costs incurred by the Village at the July 23, 2015 hearing. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on August 24, 2015 at ten o'clock in the morning at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer has certified that Respondent has timefy brought his property into compliance. Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine 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. Forclosure Authorizations - None Fine Reduction Hearinqs 7. Case Number: 2010-00109 Tequesta Investors LP Alan Armour Esq. 219 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-05-000-0901 Legal Description: WATERWAY VILLAGE LOT A Chapter 78 Article IX Section 78-7�5 Prohibitions in all zoning categories This case was withdrawn. 8. Case Numbers: 2012-00119, 2013-00071, 2014-00175 , � Special Magistrate Hearing � July 23, 2015 Page 7 of 7 Charles Pfeiffer 240 Fairway East Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2200 Legal Description: TEQUESTA LOT 220 Chapter 30 Article II Section 30-33 Prohibited Conditions Chapter 46 Article III Section 46-73 Parking of certain commercial vehicles, trucks and recreational Vehicles in R1-A district Chapter 10 Article II Section 10-34 Dogs running at large This case was withdrawn. Minutes Special Magistrate Wagner approved the minutes of the May 28, 2015 hearing. Adiournment There being no further cases, the meeting was adjourned. RespectFully submitted, <° �: Betty aur Recording Secretary ATTEST: -''� � , -____� Cod forcement Officer APPROVED: -:��-. �_� ' �. :: ; _._ � ,-� -- � ?� �i�� .,. ---�.._ _ Special Magistrate � Date Approved l. �__