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Home My WebLink AboutOrders_Code Enforcement_02/25/2016_Bozzuot Capital Management VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, CASE NO. 201.5 -00197 Petitioner, VS. BOZZUTO CAPITAL MANAGEMENT, INC., Respondent. STIPULATED ORDER FINDING VIOLATION Re: Holation of Development Order Requirements; Palm Beach County Pre - Annexation Address: 19578 U.S. Highway #l, Tequesta, Florida 33469 Legal Description: A D.J "1111 IZ I_; 7 U 131.,K 4 PCN:60- 43- 40- 30 -02- 004 -0090 This Stipulated Order Finding Violation between the Village of Tequesta (the Village) and Bozzuto Capital Management, Inc. (Respondent) resolves the code enforcement case identified above in a fair and amicable manner. The Village and Respondent agree and stipulate to the following: 9 1. In 2012, the above addressed property was voluntarily annexed into the Village of Te- questa. Prior to said annexation, the above addressed property had received certain de- velopment approvals from Palm Beach County. Said development approvals remain ap- plicable and enforceable by the Village of Tequesta following said voluntary annexation. 2. On February 25, 2016, the Village of Tequesta Code Enforcement Special Magistrate held a hearing regarding alleged violations of the above referenced development approvals. Respondent was present and represented by legal counsel. There was a finding of proper notice. The site plan documents and county approvals were accepted into evidence by the special magistrate, made part of the record for this matter, and are contained in the evi- dentiary case file for this matter. Page 1 of 4 3. Based on the foregoing approvals, as well a site visit that occurred prior to the February 25, 2016 hearing, Respondent has stipulated to the existence of the following violations and correction action: A. Existing exfiltration trench needs to be properly maintained in accordance with coun- ty standards from 1997 approval throughout all parking lot improvements. B. Parking lot striping must be installed, including ADA space, per the site plan. This will also require permits and building official sign -off. C. Landscaping must be installed and maintained in accordance with the site plan, which specifies 4 interior trees, 12 interior shrubs, 19 perimeter trees and 200 perimeter shrubs. 50% of these to be Florida native species. D. Although the surface condition of the parking area in general was not specified as a violation in this case, Respondent may (but is not required, as a condition for compli- ance) re- surface same prior to re- striping. E. Respondent may (but is not required, as a condition for compliance), modify/enhance the required perimeter landscaping in order to even further screen from view the park- ing area from surrounding properties with Village approval. F. All vehicle parking must be contained to striped spaces. Parking outside of striped spaces is prohibited at all times. Respondent stipulates to past parking violations on the following dates, as depicted in the evidentiary case file for this matter: November 26, 27 and 30; December 1, 2, 5, 8, 9, 15, 16 and 27; January 1, 3, 5, 8, 9, 10, 11, 12, 13, 15, 16 and 31; February 3, 4, 5, 6, 7, 10, 12, and 15. G. Respondent shall immediately cease and desist parking any vehicles in any location on the above addressed property except in striped spaces. Further Respondent shall have 120 days from February 25, 2016 to bring the other above referenced matters in- to compliance. 4. The parties presented additional evidence and argument to the Special Magistrate on the issue of rental trucks being permitted to be parked on this property. Based on the evi- dence, testimony and argument presented, the special magistrate finds no violation exists from the parking of rental trucks in properly striped and designated spaces in the parking lot on the above addressed property. 5. The Village is entitled to recover its administrative costs incurred from the bringing of this matter to hearing. The amount of administrative costs to be assessed shall be heard by the Special Magistrate at a future hearing as set forth below. 6. The matter of fine assessment for the above referenced parking violations, as well as any future non - compliance with this Stipulated Order Finding Violation shall be heard by the Special Magistrate at a future hearing as set forth below. Page 2 of 4 7. This matter is hereby set for a Fine Assessment Hearing /Status Hearing on June 23, 2016 at 10:00 am, at the Village of Tequesta Council Chambers, 345 Tequesta Drive, Teques- ta, Florida 33469. 8. Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Division at (561) 768 -0506 to request a re- inspection of the property. VILLAG 1 TEQUESTA RESPONDENT B B Y� y: eith W. Davis, Esq. _ Gregory Kino, Esq. Village Attorney Attorney for Respondent Date: February 29, 2016 Date: February 29, 2016 Page 3 of 4 VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, CASE NO. 2015 -00197 Petitioner, VS. BOZZUTO CAPITAL MANAGEMENT, INC., Respondent. ORDER ACKNOWLEDGING STIPULATED ORDER FINDING VIOLATION IT IS HEREBY ORDERED AND ADJUDGED, that the foregoing Stipulated Order Finding Violation is acknowledged and approved. The parties are directed to comply with its terms. DONE AND ORDERED on February 29, 2016. VILLAGE OF UEST B KEVI AGNE SPE AL MAGISTRATE Filed with the Village Clerk On: 3 q I l t By: (1z Page 4 of 4