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Home My WebLink AboutMinutes_Special Master_01/28/2016 � MINUTES VILLAGE OF TEQUESTA SPECIAL MAGISTRATE ,� JANUARY 28, 2016 CODE ENFORCEMENT - - HEARING CALL TO ORDER AND ROLL CALL The hearing was called to order at 10:00 a.m. and the Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Present were: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, and Village Attorney Jack Rice. The following cases were heard by the Special Magistrate. STATUS HEARINGS 1. Case Number: 2015-00180 Paul Chiarani 175 Tequesta Drive Tequesta, FL 33469 PC N : 60-43-40-30-00-000-7150 Legal Description: 30-40-43; TH PT OF SW �/a IN OR1252P482, BEING N 210 FT OF SLY 1420.49 FT OF W 100 FT OF E 408.09 FT LYG W OF CENTER LI Chapter 46 Article III Section 46-73; Parking of Certain Commercial Vehicles, Trucks, and Recreational Vehicles in R-1, R-2 and R-3 Districts The case was withdrawn. 2. Case Number: 2015-00182 John and Ellen Christopoulos 325 Beach Road # 106 Tequesta, FL 33469 PCN: 60-43-40-30-11-000-0060 Legal Description: ISLAND HOUSE SOUTHWEST CONDOMINIUM ASSOCIATION APTS DWELLING UNIT 106 Chapter 14 Article VI Section 14-152; Building Permits Findings of fact were the Respondents were the owners of the above-described property. The Respondents were 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 January 28, 2016 and based on testimony presented by Code , Minutes — Special Magistrate 1/28/16 Page 2 Enforcement Officer Joe Petrick, the property was in compliance with Section 14-152, 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 Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Respondents were hereby ordered to continue to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta. Respondents were assessed $209.94 for administrative costs incurred by the Village prior to January 28, 2016, as noted in the previous Order Finding Violation. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was 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. 3. Case Number: 2015-00179 Anthony Thomas 582 N. Dover Road Tequesta, FL 33469 PC N : 60-42-40-25-06-016-0281 Legal Description: JUPITER IN THE PINES SEC B LOT 28 /LESS W 3.89 FT/ & W 1 /z OF LOT 29 IPMC Chapter 3 Section 302.8 Motor Vehicles The case was withdrawn. 4. Case Number: 2015-00100 Tamwest Realty Inc Rocky's Ace Hardware 582 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) & S 11 Chapter 70 Article IX Section 70-31; Local Business Tax Levied Chapter 78 Article IV Section 78-304; LP tank sales The case was withdrawn. , Minutes — Special Magistrate 1/28/16 Page 3 FINE ASSESSMENT HEARINGS None REPEAT VIOLATION HEARINGS None VIOLATION HEARINGS 5. Case Number: 2015-00195 Deanna and Thomas Hansen 538 Dover Road Tequesta, FL 33469 PC N : 60-42-40-25-060-160-170 Legal Description: JUPITER IN THE PINES SEC B LT 17 BLK 16 Chapter 78 Article VIII Section 78-255; General Requirements and Special Regulations The case was withdrawn. 6. Case Number: 2015-00146 Dean Koravos 86 Fairview East Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5240 Legal Description: TEQUESTA LTS 524 & 525 Chapter 14 Article VI Section: 14-152; Building Permits 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 on January 28, 2016 and based on testimony presented by the code enforcement officer, the property was not in compliance with Section 14-152 of the Village's code of ordinances. Conclusions of law were that the above-stated facts constituted a violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Respondent was hereby ordered to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta on or before February 24, 2016. If the Respondent failed to achieve compliance on or before February 24, 2016, a daily fine of one hundred fifty dollars ($150.00) per day may be imposed for each day the violation continues to exist. Respondent was also assessed one hundred ninety-four dollars and forty-six cenfs for administrative costs incurred by the Village prior to January 28, 2016. , Minutes — Special Magistrate 1/28/16 Page 4 Respondent was ordered to appear at the Fine Assessment Hearing on the 25tn day of February, 2016 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that the Respondent has timely brought the property into compliance. Should Respondent violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was 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. 7. Case Number: 2015-00204 Becky Stauffer 309 Country Club Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-1210 Legal Description: TEQUESTA LT 121 Chapter 14 Article VI Section: 14-152; Building Permits 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 on January 28, 2016, based on testimony presented by code enforcement officers, the property was not in compliance with Section 14-152. Conclusions of law were that the above-stated facts constituted a violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Respondent was hereby ordered to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta on or before February 12, 2016. If Respondent failed to achieve compliance on or before February 12, 2016, a daily fine of one hundred fifty dollars ($150.00) per day may be imposed for each day the violation continues to exist. Respondent was also assessed two hundred two dollars and ninety-six cents for administrative costs incurred by the Village prior to January 28, 2016. Respondent was ordered to appear at the Fine Assessment Hearing on the 25'th day of February, 2016 at 10:00 a.m, at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that the Respondent has timely brought the property into compliance. Should Respondent violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct , Minutes — Special Magistrate 1/28/16 Page 5 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. 8. Case Number: 2015-00206 Kathy and Richard Shammas 16 Coconut Lane Tequesta, FL 33469 PC N: 60-43-40-30-40-000-0040 Legal Description: COCNUT COVE LT 4 Chapter 78 Article IX Section 78-294; Nuisances Findings of fact were the Respondents were present at the hearing and represented by Dennis Boyce; notice was proper. Robert LaBlanc provided testimony regarding the misting system. 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 January 28, 2016, based on testimony presented by code enforcement officers, the property was not in violation with Section 78-294. Conclusions of law were that the above-stated facts did not constitute a violation of Section 78-294 of the Code of Ordinances of the Village of Tequesta. The matter was hereby dismissed and the case was closed. 9. Case Number: 2015-00201 Peter Piotrowski 300 Beach Road # 304 Tequesta, FL 33469 PCN: 60-43-40-30-10-000-0130 Legal Description: ISLAND HOUSE SOUTH EAST CONDOMINIUM DWELLING UNIT 304 IN OR 1635P1513 Findings of fact were the Respondent was the owner for the above-described property. The Respondent was present at the hearing; notice was proper. 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 January 28, 2016, based on testimony presented by Code Enforcement Officer Joe Petrick, the property was in compliance with Section 14-152, 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 Section 14-152 of the Code of Ordinances of the Village of Tequesta. The Respondent was ordered to continue to comply with Section 14-152 of the Code of Ordinances of the _, Minutes — Special Magistrate 1/28/16 Page 6 Village of Tequesta. Respondent was assessed one hundred ninety-seven dollars and ninety-six cents for administrative costs incurred by the Village prior to January 28, 2016. Should Respondent violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was 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. 10. Case Number: 2015-00197 Bozzuto Capitol Management Inc. 19600 US HWY 1 Tequesta, FL 33469 PCN: 60-43-40-30-02-004-0010 Legal Description: JUPITER HEIGHTS LTS 1 TO 4 INC & ABND 40 FT S TRIP LYG & ADJ THERETO BLK 4 Palm Beach County DRC Certification 96-122 The Village rescheduled the hearing to February 25, 2016. FORECLOSURE AUTHORIZATIONS None FINE REDUCTION HEARINGS 11. Case Number: 201 5-001 1 8 MGA Tequesta LLC 3774 County Line Road Tequesta, FL 33469 PC N : 60-43-40-30-00-000-3050 Legal Description: 30-40-43 W 50 FT OF E 150 FT OF S 280 FT OF N 330 FT OF NW 1 /a. OF NW 1 /4 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 79-397; Prohibited Plant Species IPMC Section 303; Exterior Structure 303.2; Protective Treatment Findings of fact were that based upon the December 2, 2015 hearing and "Order Assessing Fine" for above-referenced case number, the Special Magistrate assessed a fine in the amount of three thousand six hundred dollars ($3,600.00). The fine continued to run until it reached an amount of $4,200.00. The Respondent requested a hearing seeking mitigation of the lien amount assessed. The Respondent was represented at the hearing by James Garland. Chris Haine was also present at the hearing. As of the � Minutes — Special Magistrate 1/28/16 Page 7 December 9, 2015, the property was no longer in violation of sections 30-33, 79-397, and 303.2 (IPMC) of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the penalty amount previously imposed be reduced from $4,200.00 to $420.00 The Respondent was ordered to pay this mitigated fine amount by February 27, 2016 (thirty days from the date of the hearing), or the original penalty amount of $4,200.00 would automatically be reinstated as a penalty. The Village's administrative costs were previously paid in full by the Respondent. APPROVAL OF MINUTES Special Magistrate Wagner approved the minutes of the December 3, 2015 hearing. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, Lori McWilliams, MMC Village Clerk ATTEST: � .,°� F Y �� r` .....,r.`i� ode Enforcement Officer APPROVED: � �-�� " / � � � �)Z-- � �-- /� Special Magistrate - Date Approved t�=-