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Home My WebLink AboutMinutes_Special Master_02/25/2016 MINUTES VILLAGE OF TEQUESTA SPECIAL MAGISTRATL � FEBRUARY 25, 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, Village Attorney Keith Davis and Village Attorney Jack Rice. The following cases were heard by the Special Magistrate. FINE ASSESSMENT HEARING 1. 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 the owner of the above-described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. In the "Order Finding Violation," dated February 10, 2016, the Special Magistrate ordered the Respondent to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta by February 24, 2016. As of February 25, 2016, the property was still in violation of Sections 14-152, 78-612, 22-53, and 30-33 of the Code of Ordinances of the Village of Tequesta. Based upon the evidence, pi�tures and testimony presented at the hearing on February 25, 2016, the Special Magistrate found that the property remained in violation of Section 14-152, Village Code of Ordinances. , Conclusions of law were that the above stated facts constituted a continuing violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. It was the Order of the Special Magistrate that a Fine of one hundred fifty dollars was hereby assessed, at a rate of one hundred fifty dollars per day, for the violations which had existed on the property beginning February 24, 2016 through February 25, 2016, a period of one day; and the fine amount shall continue to accrue at a rate of one hundred fifty dollars per day until compliance is achieved. Minutes — Special Magistrate 2/25/16 Page 2 The Respondent also was assessed one hundred eighty,six dollars and ninety-eight cents for administrative costs incurred by the Village prior to February 25, 2016. A cert�ed 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. VIOLATION HEARINGS NOTE: The agenda did not include Case No. 2015-198; had the wrong address and PCN for 2015-197 (the address and PCN listed was actually for the 2015-198 case, not the 197 case). 2. 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 Patm Beach County DRC Certification 96-122 This Stipulated Order Finding Violation befinreen the Village of Tequesta (the Village) and Bozzuto Capital Management, Inc. (Respondent) resolves the code enforcement case ident�ed above in a fair and amicable manner. The Village and Respondent agree and stipulate to the following: 1. In 2012, the above addressed property was voluntarily annexed into the Village of Tequesta. Prior to said annexation, the above addressed property had received certain development approvals from Palm Beach County. Said development approvals remain appticable 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 evidentiary case file for this matter. 3. Based on the foregoing approvals, as well a site visit that occurred prior to the February 25, 2016 hearing, Respondent has stipulated to �he existence of the following violations and correction action: Minutes — Special Magistrate 2/25/16 Page 3 A. Existing e�ltration trench needs to be properly maintained in accordance with county 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 compliance) 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 parking 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 into 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 evidence, 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 welt 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. 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, Tequesta, 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. �Vlinutes — Special Magistrate 2/25/16 Page 4 The following case was added to the agenda for action: Case Number: 2015-00198 Linda Bozzuto 8� Agnes Longnecker 19578 US HWY 1 Tequesta, FL 33469 PC N : 60-43-40-30-02-004-0090 Legal Description: JUPITER HEIGHTS LTS 9 TO 12 INC & ABND 40 FT S TRIP LYG & ADJ THERETO BLK 4 Palm Beach County DRC Certification 96-122 This Stipulated Order Finding Violation between the Village of Tequesta (the Village) and Linda Bozzuto 8� Agnes Longenecker (Respondents) resolves the code enforcement case identified above in a fair and amicable manner. The Village and Respondents agree and stipulate to the following: 1. In 2012, the above addressed property was voluntarily annexed into the Village of Tequesta. Prior to said annexation, the above addressed property had received certain development approvals from Palm Beach County. Said development approvals remain applicable 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. Respondents were 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 evidentiary case file for this matter. 3. Based on the foregoing approvals, as well a site visit that occurred prior to the February 25, 2016 hearing, Respondents have stipulated to the existence of the following violations and correction action: A. Landscaping with canopy trees 10' to 12' in overall height, plus 30� to 36" hedge shall be installed and maintained as required by the site plan (this is primarily on the east and north sides of the property). B. Vehicle washing is permitted (no other maintenance activity is permitted) but shafl be limited to the vehicle bay in the rear of the building. C. Although the surface condition of the parking area in general was not specified as a violation in this case, Respondents may (but are not required, Minutes — Special Magistrate 2/25/16 Page 5 as a condition for compliance) re-surface same prior to re-striping. Re- striping of approved parking spaces is required as a condition of compliance. D. Respondents may (but are not required, as a condition for compliance), modify/enhance the required perimeter landscaping in order to even further screen from view the parking area from surrounding properties with Village approval. E. All vehicle parking must be contained to striped spaces. Parking outside of striped spaces is prohibited at all times. Vehicles may also be parked in the designated vehicle washing area while being washed. Respondents stipulate 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. F. Respondents shall immediately cease and desist parking any vehicles in any location on the above addressed property except in striped spaces. Vehicles may also be parked in the designated vehicle washing area while being washed. Further Respondents shall have 120 days from February 25, 2016 to bring the other above referenced matters into compliance. 4. 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. 5. 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. 6. This matter is hereby set for a Fine Assessment Hearing/Status Hearing on June 23, 2016 at 10:00 am, at the �Ilage of Tequesta Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. FINE REDUCTION HEARINGS 3. Case Number: 2015-00003 ALS North America Inc. Brookdale Tequesta 205-211 Village Blvd Tequesta, FL 33469 PCN: 60-43-40-30-46-001-0000 Legal Description: ALS PLATOF VILLAGE OF TEQUESTA PT OF TR A LYG E OF 8� ADJ TO PAR 2, TRS B THRU J& NOT LABLED AREAS A/K/A PAR 1 Chapter 14 Article VI Sec. 14-152; Building Permits Chapter 78 Article IX Sec. 78-612; Other Uses Chapter 22 Article II Sec. 22-53; Powers and Duties Minutes — Speciai Magistrate 2/25/16 Page 6 Chapter 30 Article II Sec. 30-33; Prohibited Conditions Findings of fact were based upon the December 14, 2015 "Order Assessing Fine" for the above-referenced case number, the Special Magistrate assessed a fine of $1,500.00, which continued to accrue at a rate of $100 per day until compliance was achieved, and administrative costs of $218.88. Respondent achieved compliance on February 5, 2016. The total fine for the period of noncompliance was $7,900.00. The Respondent's Representative requested a hearing in writing to seek a reduction of the lien amount assessed. At the hearing on February 25, 2016, the Respondent's Representative, Nicole Plunkett of Cotleur & Hearing, and the Village proposed an Agreed Order Reducing fine (in writing), which was attached to and memorialized by this order. Respondent and the Village agreed to reduce the fine of $7,900.00 to $1,500.00 and costs of $218.88 from the December hearing, which shall be paid by March 17, 2016 or the fine shall revert back to the original amount of $7,900.00. Conclusions of law were that the penalty amount previously imposed be reduced from $7,900.00 to $1,500.00 and costs of $218.88. The Respondent was hereby ordered to pay this mfigated fine amount by March 17, 2016 or the fine would automatically revert to the original amount. APPROVAL OF MINUTES Special Magistrate Wagner approved the minutes of the January 28, 2016 hearing. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, Lori McWilliams, MMC Village Clerk ATT€ST: � C Enf rcement Officer APPROVED: Minutes — Special Magistrate?J25�j 6 Page 7 •�, ..,===, • , . � � . ;� �..._ - , ;-- � �C� (� Special Ma � Date Approved v �.- � �