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HomeMy WebLinkAboutMinutes_Special Master_05/26/2016 . MINUTES . .►, VILLAGE OF TEQUESTA SPECIAL MAGISTRATE May 26, 2016 HEARING CALL TO ORDER AND ROLL CALL The hearing was calied to order at 10:00 a.m. and the Pledge of Allegiance was led by Speciai Magistrate Kevin Wagner. Present were: Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick and Village Attomey Jack Rice. The following cases were heard by the Special Magistrate. FINE ASSESSMENT HEARINGS i. Case Number: 2016-00003 GRANT W. RENEHlMER 229 Fairway West Tequesta, Florida 33469 Legal Description: TEQUESTA LT 260 PCN: 60-42-40-26-01-000-2600 Chapter 78 Article IX Section 78-402; Landscaping on single-family duplex lot Chapter 78 Article (X Se�tion 78-410 Notice of violation Findings of fact were that the Neil Renehimer was present at the hearing and appeared on behalf of Respondent. Notice was proper. Joe Petrick, Ullage Code Enforcement OfFcer, and Anna Johnson, Village Planner, provided testimony and evidence of the violations and case status, as contained in the Village's evidentiary case file, which was accepted into evidence. Based on testimony presented by �Ilage Staff at the hearing on May 26, 2016, Respondent was stilt in violation of seetions 78-402 and 78-410 of the Code of Ordinances. 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. The Special Magistrate ordered the Respondent to comply with sections 78-402 and 78- 410 of the Village's Code of Ordinances and have his property inspected for the purpose of securing a landscape permit by June 20, 2016. A Fine Assessment Hearing was scheduled for June 23, 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. NO FURTHER POSTPONEMENTS WOULD BE GRANTED. Minutes — Special Magistrate 5/26/2016 , Page 2 Assessment of administrative costs incurred by the Village at all prior hearings was RESERVED. 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. Additionalty, the Code Inspector was not required to give a reasonable time to correct the repeat viotation and the case could be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. REPEAT VIOLATION HEARINGS None VIOLATION HEARINGS 2. Case No. 2016-00009 Blair House Association, Inc. GRS Management Associates 331 Tequesta Drive Tequesta, Florida 33469 Legal Description: COMMON PROPERTY OF BLAIR HOUSE CONDOMINIUM APARTMENTS, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORD BOOK 1101, PAGE 363, TOGETHER WITH ALL AMENDMENTS THERETO, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PC N: 60-43-40-30-16-000 Violation of sections 14-121 and Appendix B of the Code of Ordinances of the Village of Tequesta and sections 302.7.1, 302.7.2, 303.1, 303.13.1 of the IPMC Findings of fact were that the Respondent was represented at the hearing by Gary Grant, property manager, and Vallery Mitchell, director of the condominium association. Code Enforcement Officer, Joe Petrick, and Village Planner, Anna Johnson, provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into evidence. At the hearing on May 26, 2016, the Village requested the violation hearing be rescheduled to June 23, 2016 at ten o'clock in the morning. The Special Magistrate ordered the Respondent to comply with the above-referenced sections of the Tequesta Code of Ordinances and IPMC by the date in the Notice of �olation and Respondent must appear at a violation hearing, which would be held on June 23, 2016 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Minutes — Special Magistrate 5/26/2016 , Page 3 Tequesta, Florida 33469, unless the Code Enforcement Officer had certi�ed that the Respondent had timely brought the property into compliance. Assessment of the �Ilage's administrative costs incurred in prosecuting the May 26, 2016 hearing was RESERVED. 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 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. 3. Case Number: 2016-00021 99 FAIRVIEW WEST, LP Inc NRAI Services 228 Fairway East Tequesta, Florida 33469 Legal Description: TEQUESTA LT 223 PCN: 60-42-40-26-01-000-2230 Violation of section 14-155 of the Code of Ordinances of the Village of Tequesta Findings of fact were that the Respondent was represented at the hearing by his agent, Paul Compare, who provided authorization of agency at the hearing. The authorization of agency was accepted into the Village's code enforcement file. 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 May 26, 2016 and based on testimony presented by code enforcement officers, the property was in compliance with section 14-155 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 consfiituted a violation of section 14-155 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to maintain compliance with section 14-155 of the Code of Ordinances of the Village of Tequesta. The Respondent was assessed $202.42, the administrative costs incurred by the Village prior to the May 26, 2016 hearing. 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 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. Minutes — Special Magistrate 5/26/2016 Page 4 4. Case No. 2016-00004 Jade Nocefla 3 Chapel Circle Tequesta, Florida 33469 Legal Description: CHAPEL COURT SEC 2 AS IN PB47P196 LT 29 PC N : 60-42-40-25-32-000-0290 Violation of section 14-152 of the Code of Ordinances of the Village of Tequesta Findings of fact were that the Respondent was present at the hearing; there was a finding of proper notice. Dustin Nocella was also present at the hearing. Code enforcement officer, Joe Petrick, and building inspector, Jose Rodriguez, 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 May 26, 2016 and based on testimony presented by Village staff, the properly 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 Special Magistrate ordered the Respondent to comply with section 14-152 of the Code of Ordinances of the Village of Tequesta on or before June 20, 2016. If Respondent failed to achieve compliance by June 20, 2016, a daily fine of up to one hundred dollars per day could be imposed for each day the violation continued to exist. Respondent was assessed one hundred ninety-one dollars and forty-six cents, administrative costs incurred by the Village prior to May 26, 2016 hearing. Respondent was given notice to appear at the Fine Assessment Hearing which was to be held on June 23, 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 their 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 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. Minutes — Special Magistrate 5/26/2016 , . , Page 5 5. Case Number 2016-00029 Arthur and Teresa Mayfield 14 Ridgewood Circle Tequesta, FL 33469 PCN: 60-42-40-25-09-000-0040 Legal Description: RIDGEWOOD HOMES LT 4 IPMC 302-8 Motor Vehicles The case was withdrawn FORCLOSURE AUTHORIZATIONS None FINE REDUCTION HEARINGS 6. Case Number 2015- 00199 Tiramisu Restaurant 187 Tequesta Drive Tequesta, FL 33469 PCN: 60-43-40-30-42-002-0000 Legal Description: TEQUESTA OAKS TR B �o(ation of sections 14-154 and 78-294 of the Code of Ordinances of the Village of Tequesta, Florida. Findings of fact were that Based upon the "Order Assessing Fine" for above-referenced case number, the Speciai Magistrate assessed a fine in the amount of three thousand two-hundred fifty dollars on April 28, 2016. The fine continued to accrue at a rate of two hundred fifty dollars per day, from April 28, 2016, until compliance was achieved on May 6, 2016. The total fine incurred by Respondent was five thousand two hundred fifty dotlars. The Respondent requested a hearing seeking mitigation of the lien amount assessed. The Village of Tequesta did not oppose a reduction of the fine, in the amount of seven hundred eighty-seven dollars and fifty cents. Administrative costs of three hundred eighty dollars and forty-four cents were not reduced. The property is no longer in viotation of sections 14-154 and 78-294 of the Code of Qrdinances of the Village of Tequesta. Conclusions of law were that the penalty amount previously imposed be reduced from $5,250 to $787.50. The Special Magistrate ordered the Respondent to pay this mitigated fine amount and original administrative costs ($380.44) by June 27, 2016 or the original penalty amount would automaticaliy be reinstated as a penalty Minutes — Special Magistrate 5/26/2016 ,� � Page 6 APPROVAL OF MINUTES Special Magistrate Wagner approved the minutes of the April 28, 2016 hearing. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, �� u I �j(/��i'' Lori McWilliams, MMC Village Clerk ATTEST: ---- - -- Code Enforcement Officer APPROVED• 1 Special agist t Date Approved