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HomeMy WebLinkAboutMinutes_Special Master_06/23/2016 MINUTES VILLAGE OF TEQUESTA SPECIAL MAGISTRATE � June 23, 2016 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. FINE ASSESSMENT HEARINGS/STATUS HEARINGS 1. Case Number: 2016-000198 (includes case number 2016-000197) CAPITAL MANAGEMENT, INC LINDA BOZZUTO & AGNES LONGENECKER 9600 US Highway 1 Tequesta, FL 33469 P C N : 60-43-40-30-02-004-0010 Legal Description: JUPITER HEIGHTS LTS 1 TO 4 INC & ABND 40 FT STRIP LYG W& ADJ THERETO BLK 4 Findings of fact were that during the June 23, 2016 hearing, both the Village and the Respondent were present and represented by Counsel. Greg Kino, Esq. was present on behalf of Respondent and there was a finding of proper notice. It was explained by Counsel for the Village and Counsel for Respondent that the Village had been provided with alleged evidence of additional parking related violations the night before, by residents that resided near the subject property. Over the objections of the Village, the Special Magistrate reset this matter until July 27, 2016 at 10:00 am, at the Village of Tequesta Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. 2. Case Number: 2016-00004 Jade Nocella 3 Chapel Circle Tequesta, FL 33469 PCN :60-42-40-25-32-000-0290 Legal Description: CHAPEL COURT SEC 2 AS IN PB47P196 LT29 Section 14-152 of the Village of Tequesta Code of Ordinances Minutes — Special Magistrate 6/23/2016 Page 2 Findings of fact were that the respondent was the owner of the above-described property. The Respondent was not present at the hearing, but was represented by Dustin Nocella. There was a finding of proper notice. By the "Order Finding Violation" dated May 26, 2016 the Special Magistrate ordered the Respondent to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta by June 20, 2016. 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. The Special Magistrate ordered a fine of seventy-five dollars be assessed, at a rate of finrenty- five dollars per day, for the violations which had existed on the properly beginning June 20, 2016 and through June 23, 2016, a period of three days; the continuation and accrual of this fine amount beyond June 23 would be considered at a Status /Fine Assessment Hearing on July 27, 2016 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. The Respondent was also assessed one hundred thirty-one dollars and forty-eight cents for administrative costs incurred by the Village prior to June 23, 2016. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, would 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. 3. Case Number: 2016-00003 Grant Rinehimer 229 Fairway West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2600 Legal Description: TEQUESTA LOT 260 Violation of Sections 78-402 and 78-410 of the Code of Ordinances of the Village of Tequesta. Findings of fact were that the Respondent was the owner of the above-described property. The Respondent was present at the hearing and proper notice was given. By the "Order Finding Violation," from the March 30, 2016 violation hearing, the Special Magistrate ordered the Respondent to comply with Sections 78-402 and 78-410 of the Code of Ordinances of the Village of Tequesta by April 27, 2016. Based upon the evidence, pictures and testimony presented at the hearing on June 23, 2016, the Special Magistrate found that the property was in violation but was now in compliance with Sections 78-402 and 78-410 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the above-stated facts constituted a violation of Sections 78-402 and 78-410 of the Code of Ordinances of the Village of Tequesta. Minutes — Special Magistrate 6/23/2016 Page 3 It was the Order of the Special Magistrate that no fine be imposed in this case. However, the Respondent was assessed seven hundred fifty-six dollars and ninety cents ($756.90) for administrative costs incurred by the Village prior to June 23, 2016. 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 4. Case Number: 2016-00009 Blair House Association, Inc. 331 Tequesta Drive Tequesta, Florida 33469 PC N : 60-43-40-30-16-000 Legal Description: BLAIR HOUSE CONDO APARTMENTS, ORB 1101 P 363 Violation of I PMC sections 302.7.1; 302.7.2; 303.1; 303.13.1; per section 14- 121 of the Code of Ordinances of the Village of Tequesta Findings of fact were that the Respondent was represented at the hearing through Gary Grant of GRS Management Associates. There was a finding of proper notice. Code Compliance Officer Joe Petrick provided testimony and evidence of the violations, as contained in the Village's evidentiary case file which was accepted into evidence. As of the hearing on June 23, 2016, and based on testimony presented by code compliance officers, the property was not in compliance with IPMC sections 302.7.1; 303.1; 303.13.1; per section 14-121 of the Code of Ordinances of the Village of Tequesta. As of the hearing on June 23, 2016, based on testimony presented by code compliance officers, the property was in compliance with IPMC section 302.7.2; per section 14-121 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that The above-stated facts constitute a violation of IPMC sections 302.7.1; 303.1; 303.13.1; per section 14-121 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to hereby ordered to comply with IPMC sections 302.7.1; 303.1; 303.13.1; per section 14-121 of the Code of Ordinances of the Village of Tequesta on or before Ju/y 27, 2016. If the Respondent failed to achieve compliance on or before July 27, 2016, a daily fine of up to $100.00 day may be imposed for each day the violation continued to exist. Minutes — Special Magistrate 6/23/2016 Page 4 Assessment of the Village's administrative costs in the amount of $402.96 incurred at the June 23, 2016 hearing was hereby ordered. Respondent was given notice to appear at a fine assessment hearing, which was to be held on Ju/y 28, 2016 at 10:00 a.m, at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that Respondent had timely brought the property into compliance. Should the Respondent violate the same Section of the Code again, they could be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the code compliance officer was not required to give a reasonable time to correct the repeat violation and the case could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 5. Case No. 2016-00009 McMahon Real Estate I LP 370 Riverside Drive Tequesta, FL 33469 PC N : 60-42-40-36-04-004-0020 Legal Description: TEQUESTA LT 223 Violation of section 14-152 of the Code of Ordinances of the Village of Tequesta (original agenda contained scrivener's error on name, legal description and PCN) Findings of fact were that the Respondent was not present at the hearing however there was a finding of proper notice. Code Compliance 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 June 23, 2016 and based on testimony presented by the code compliance officer, the property was in compliance with section 14-152 of the Village's Code of Ordinances but did not achieve compliance by the date 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 Special Magistrate ordered the Respondent to maintain compliance with section 14-152 of the Code of Ordinances of the Village of Tequesta. There were no administrative costs to assess. Should the respondent violate the same Section of the Code again, they could be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Minutes — Special Magistrate 6/23/2016 Page 5 Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 6. Case Number: 2016-00051 Danny Mingle 305 Country Club Drive Tequesta, Florida 33469 PCN: 60-42-40-26-01-000-2130 Legal Description: TEQUESTA LT 213 Violation of section 46-74 of the Code of Ordinances of the Village of Tequesta Findings of fact were that the Respondent was not present at the hearing, however, there was a finding of proper notice. Code Compliance 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 June 23, 2016, and based upon testimony presented by code compliance officers, the property was not in compliance with section 46-74 of the Code of Ordinances of the Village of Tequesta, Florida. Conclusions of law were that the above-stated facts constituted a violation of section 46-74 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to hereby comply with section 46-74 of the Code of Ordinances of the Village of Tequesta on or before Ju/y 27, 2016. If the Respondent failed to achieve compliance on or before July 27, 2016, a daily fine of up to $25.00 day could be imposed for each day the violation continued to exist. Respondent was assessed Village administrative costs in the amount of $195.46 at the June 23, 2016 hearing. Respondent was given notice to appear at a fine assessment hearing, which was to be held on Ju/y 28, 2016 at 10:00 a.m, at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that the Respondent had timely brought the property into compliance. Should the Respondent violate the same Section of the Code again, they could be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the code compliance officer was not required to give a reasonable time to correct the repeat violation and the case could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. Minutes — Special Magistrate 6/23/2016 Page 6 7. Case Number: 2016-00049 John Burns and Catherine Hamara 7 Westwood Avenue #205 Tequesta, FL 33469 PC N : 60-42-25-16-003-2050 Legal Description: TEQUESTA GARDEN CONDOMINIUM NO 1 DWELLING 205 BLD C Chapter 14 Article VI Section 14-152; Building Permits The case was dismissed. FORCLOSURE AUTHORIZATIONS None FINE REDUCTION HEARINGS 8. Case Number 2010-00068 & 2010-00106 Wilmington Trust NA TR 39 Willow Road Tequesta, FL 33469 PC N : 60-43-40-30-09-000-00106 Legal Description: RIDGEWOOD HOMES SEC LT Chapter 14 Article VI Section 14-152; Building Permits Chapter 78 Article IX Section 78-643; R1 District An order acknowledging Joint Code Enforcement Stipulation was acknowledged and approved and the Parties were directed to comply with its terms. APPROVAL OF MINUTES Special Magistrate Wagner approved the minutes of the May 26, 2016 hearing. ADJOURNMENT There being no further cases, the meeting was adjourned. Minutes — Special Magistrate 6/23/2016 Page 7 Respectfully submitted, ; � �1,�: �ec,���e-�- �.. Lori McWilliams, MMC Village Clerk ATTEST: � . Code Enforcement Officer �;� APPROV�Q:..r �.. . � � �� ; % .' , /' . G �. _ � Speci�t Magistrat , Date Approved ,' � i i ,J � ,.