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HomeMy WebLinkAboutMinutes_Special Master_08/27/2015 VILLAGE OF TEQUESTA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MINUTES August 27, 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 Hearings — None Fine Assessment Hearings 1. Case Number: 2015 -0056 Louis Rivera 165 Magnolia Way Tequesta, FL 33469 PCN: 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 the owner of the above - described property. Respondent was not present at the hearing; however, there was a finding of proper notice. By the previous "Order Finding Violation" adjudged at the July 23, 2015 hearing, the Special Magistrate ordered the Respondent to comply with Section 78 -255 of the Code of Ordinances of the Village of Tequesta on or before August 14, 2015. Based upon the evidence, pictures and testimony presented at the hearing on August 27, 2015, the Special Magistrate found that the property remained in violation of Section 78 -255. Conclusions of law were that the above - stated facts constituted a continuing violation of Section 78 -255 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that a Fine of one thousand three hundred dollars ($1,300.00) be assessed, at One Hundred Dollars ($100.00) per day, for the violations that had existed on the property beginning from August 14, 2015 through August 27, 2015, a period of thirteen (13) days; and the fine amount shall continue to accrue at One Hundred Dollars ($100.00) per day until compliance is achieved. Special Magistrate Hearing August 27, 2015 Page 2 of 10 The Respondent was also assessed $186.98 for administrative costs incurred by the Village prior to the August 27, 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 property upon which the violation exits and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Repeat Violation Hearings - None Violation Hearings 2. Case Number: 2015 -00110 Federal National Mortgage Assn. 95 Fairview West Tequesta, FL 33469 PCN: 60- 42- 40- 26 -01- 000 -4520 Legal Description: TEQUESTA LT 452 Chapter 30 Article II Section 30 -33; Prohibited Conditions Findings of fact were 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 August 27, 2015, based on testimony presented by the code enforcement officer, the property was not in compliance with Section 30 -33, and such violation of Section 30 -33 represents a serious threat to the health, safety, and welfare of the Village residents due to the danger of rodent infestation in close proximity to other residents' homes. Conclusions of law were that the above - stated facts constituted a continuing violation of Section 30 -33 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta by repairing the soffits of the structure and removing all vegetation overgrowth on or before September 23, 2015. If the Respondent fails to achieve compliance on or before September 23, 2015, one hundred dollars per day may be imposed for each day the violation continues to exist. The Village may immediately abate the violation by taking reasonable actions to exterminate and remove the rodent infestation pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement will not create any Special Magistrate Hearing August 27, 2015 Page 3 of 10 liability against the Village for any damages to the property as a result of such good faith repairs or actions. The Village may also later request additional fines in order to recover the costs of these abatement activities by the Village. The Respondent was ordered to continue to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta once abatement has been accomplished. Respondent was assessed one hundred ninety -five dollars for administrative costs incurred by the Village prior to the August 27, 2015 hearing. Respondent was given notice to appear at the Fine Assessment Hearing which will be held on September 24, 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. 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. 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 Respondents, pursuant to Chapter 162, Florida Statutes. 3. Case Number: 2015 -00093 Deutsche Bank National Trust CO TR 462 Tequesta Drive Tequesta, FL 33469 PCN: 60- 42- 40- 25 -06- 021 -0040 Legal Description: JUPITER IN THE PINES SEC B LT BLK 21 Chapter 30 Article II Section 30 -33; Prohibited Conditions Findings of fact were 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 August 27, 2015, based on testimony presented by the code enforcement officer, the property was not in compliance with Section 30 -33, and such violation of Section 30 -33 represent a serious threat to the health, safety, and welfare of the Village residents due to insufficient pool barrier. Conclusions of law were that the above - stated facts constituted a continuing violation of Section 30 -33 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Hearing August 27, 2015 Page 4 of 10 The Respondent was ordered to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta by repairing cracked windows and exterior structures and removing weeds and overgrowth from yards on or before September 23, 2015. If the Respondent fails to achieve compliance on or before September 23, 2015, a daily fine of two hundred dollars per day may be imposed for each day the violation continues to exist. The Village may immediately abate the violation by taking reasonable actions to secure the pool or repair the existing barrier in a manner that prevents young children and medically frail elderly persons from accessing the pool, pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement will not create any liability against the Village for any damages to the property as a result of such good faith repairs or actions. The Village may also later request additional fines in order to recover the costs of these abatement activities by the Village. The Respondent is hereby ordered to continue to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta once abatement has been accomplished. Respondent also was assessed one hundred ninety -seven dollars and forty -six cents for administrative costs incurred by the Village prior to August 27, 2015 hearing. Notice was given to Respondent to appear at the Fine Assessment Hearing which will be held on September 24, 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 Respondent's 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. 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 Respondents, pursuant to Chapter 162, Florida Statutes. 4. Case Number: 2015 -00084 Benjamin and Johna Dorsey 309 Country Club Drive Tequesta, FL 33469 PCN: 60- 42- 40- 26 -01- 000 -1210 Legal Description: TEQUESTA LT 121 Special Magistrate Hearing August 27, 2015 Page 5 of 10 Chapter 30 Article II Section 30 -33; Prohibited Conditions Findings of fact were Respondents were the owners of the above - described property. Respondent, Benjamin Dorsey, was present at the hearing; there was a finding of proper notice. Based upon the evidence, pictures and testimony presented at the hearing on August 27, 2015, the Special Magistrate found that the property remained in violation of Section 30 -33. Conclusions of law were that the above - stated facts constituted a violation of Section 30 -33 of the Code of Ordinances of the Village of Royal Palm Beach. The Respondent was ordered to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta on or before September 10, 2015. If the Respondent fails to achieve compliance on or before September 10, 2015, a daily fine of one hundred dollars per day may be imposed for each day the violation continues to exist. Respondent was also assessed one hundred eighty -three dollars and forty -eight cents for administrative costs incurred by the Village prior to August 27, 2015. Should Respondent violate the same Section of the Code again, Respondent may be subject to a fine of up to $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. Notice was given to Respondent to appear at the Status Hearing which will be held on the September 24, 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 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 exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. 5. Case Number: 2015 -00077 Roger and Bettina Farber 207 Fairway East Tequesta, FL 33469 PCN: 60- 42- 40- 26 -01- 000 -2310 Legal Description: TEQUESTA LT 231 Chapter 30 Article 11 Section 30 -33; Prohibited Conditions Special Magistrate Hearing August 27, 2015 Page 6 of 10 Findings of fact were the Respondents were the owners of the above - described property. Respondent, Benjamin Dorsey, was present at the hearing; there was a finding of proper notice. Based upon the evidence, pictures and testimony presented at the hearing on August 27 2015, the Special Magistrate found that the property remained in violation of Section 30 -33. Conclusions of law were that the above - stated facts constituted a violation of Section 30 -33 of the Code of Ordinances of the Village of Royal Palm Beach. Respondents were ordered to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta. A Status Hearing was set for September 24, 2015 at 10:00 a.m. Respondents must bring the fencing and vegetation at the subject property into compliance with section 30 -33 by September 10, 2015 or a fine of $50 per day may be assessed for each day the fence and vegetation are not compliant beyond September 20, 2015. Respondents must bring the screen enclosure at the subject property into compliance with section 30 -33 by September 23, 2015 or a fine of $50 per day may be assessed for each day the screen enclosure is not compliant beyond September 23, 2015. Respondent was assessed $183.48 for administrative costs incurred by the Village prior to August 27, 2015. Should Respondents violate the same Section of the Code again, they may be subject to a fine of up to $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. Notice was given to Respondents to appear at the Status Hearing which tol be held on September 24, 2015 at 10:00 a.m. at Village 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, shall 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, Florida Statutes. 6. Case Number: 2015 -00071 Coordinates NB LLC 40 Yacht Club Place Tequesta, FL 33469 Special Magistrate Hearing August 27, 2015 Page 7 of 10 PCN: 60- 42- 40- 26 -01- 000 -5980 Legal Description: TEQUESTA LT 598 & 30 FT ABND TEQUESTA DR LYG E OF & ADJ TO\ Chapter 14 Article VI Section 15 -152; Building Permits Findings of fact were 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. The Petitioner requested at the hearing that this matter be continued until September 24, 2015. The Special Magistrate ordered that this matter be continued to the September 24, 2015 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. 7. Case Number: 2015 -00102 Tamwest Realty Rocky's Ace Hardware 584 US HWY 1 Tequesta, FL 33469 PCN: 60- 43- 40- 30 -00- 001 -0080 Legal Description: 30- 40-43, SLY 291.75 FT OF ELY 209.21 FT (LESS NLY 186.99 FT OF SLY 256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) &S11 Chapter 70 Article IX Section 70 -31; Local business tax levied Chapter 78 Article IV Section 78 -304; LP tank sales This case was withdrawn. 8. Case Number: 2015 -00101 7- Eleven Corp. Creations Network Inc. 764 US HWY 1 Tequesta, FL 33469 PCN: 60- 43- 40- 30 -00- 001 -0160 Legal Description: 30- 40-43, SLY 189.26 FT OF NLY 229.26 FT OF ELY 221.68 FT OF GOVT LT 1 LYG W OF & ADJ TO SR 5 Chapter 70 Article IX Section 70 -31; Local business tax levied Chapter 78 Article IV Section 78 -304; LP tank sales This case was withdrawn. Special Magistrate Hearing August 27, 2015 Page 8 of 10 9. Case Number: 2015 -00103 Sunoco 2003 Tequesta Assoc LLC The Ferber Co. Inc 104 US HWY 1 Tequesta, FL 33469 PCN: 60- 43- 40- 30 -52- 000 -0020 Legal Description: 2003 TEQUESTA ASSOC LLC LT 2 Chapter 70 Article IX Section 70 -31; Local business tax levied Chapter 78 Article IV Section 78 -304; LP tank sales This case was withdrawn. 10. Case Number: 2015 -00007 Brendan Mulhern 19 Ridgewood Circle Tequesta, FL 33469 PCN: 60- 42- 40- 25 -09- 000 -0330 Legal Description: RIDGEWOOD HOMES LT 33 Chapter 46 Article III Section 46 -73; Parking of certain commercial vehicles in R1, R2 and R3 districts. This case was withdrawn. 11. Case Number: 2015 -00079 Rinker Material Corp & Subsidiaries CRS America 281 Old Dixie HWY Tequesta, FL 33469 PCN: 60- 43- 40- 30 -00- 000 -7110 Legal Description: 30 -40-43 N 185.39 FT OF S 305.39 FT OF TH PT OF SW'/ LYG E OF & ADJ TO OLD DIXIE HWY (LESS W 53.97 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 Special Magistrate Hearing August 27, 2015 Page 9 of 10 file which was accepted into evidence. The Notice of Violation issued by the code enforcement officer on June 18, 2015 requested compliance with section 78 -744 within ten days of June 18, 2015. At the hearing on August 27, 2015, based on testimony presented by code enforcement officer, Respondent complied with section 78 -744 on July 20, 2015, but was not in compliance with Section 78 -744 by the date requested in the Notice of Violation. Conclusions of law were that the above - stated facts constituted a violation of Section 78 -744 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to continue to comply with Section 78 -744 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. 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 Respondents, pursuant to Chapter 162, Florida Statutes. Forclosure Authorizations - None Fine Reduction Hearings - None Minutes Special Magistrate Wagner approved the minutes of the July 23, 2015 hearing. Adiournment There being no further cases, the meeting was adjourned. Special Magistrate Hearing August 27, 2015 Page 10 of 10 Respectfully submitted, Betty Laur Recording Secretary ATTEST: C nforcement Officer APPROVED: Spe ial ist a Date Approved