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HomeMy WebLinkAboutMinutes_Special Master_03/30/2016 , � ' MINUTES VILLAGE OF TEQUESTA SPECIAL MAGISTRATE MARCH 30, 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. STATUS HEARING 1. Case Number: 2015-00179 Thomas Anthony 582 N. Dover Road Tequesta, FL 33469 PCN: 60-42-40-25-06-016-0281 Legal Description: JUPITER IN THE PINES SEC B LOT 28 /LESS W 3.89 FT/8� W'/2 OF LOT 29 Section 302.8 of IPMC Findings of fact were that 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. 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 March 30, 2016 and based on testimony presented by Code Enforcement Officer Joe Petrick, the property was in compliance with section 302.8 of the IPMC (incorporated at Appendix B of the Code of Ordinances, Village of Tequesta, Florida), 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 302.8 of the IPMC, which was incorporated at Appendix B of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to continue to comply with se�tion 302.8 of the IPMC and the Code of Ordinances of the Village of Tequesta. Respondent was assessed $191.98 for administrative costs incurred by the Village prior to March 30, 2016. ' Minutes — Special Magistrate 3/30/16 ' Page 2 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 has been corrected prior to the Special Magistrate hearing. FINE ASSESSMEPIT HEARINGS None REPEAT VIOLATION HEARINGS None VIOLATION HEARINGS 2. Case Number 2015-00205 Park Avenue BBQ Griille of Tequesta, Inc. Dean Lavallee 236 U.S. Highway 1 Tequesta, Florida 33469 Legal Description: 30-40-43, NLY 150.39 FT OF SLY464.97 FT OF ELY 258.41 FT OF TH PT OF GOV LT 4& 30 FT W& ADJ THERETO IN SW 1/4 LYG W OF ADDL US HWY 1 R/W PCN:60-43-40-30-00- 004-0010 Findings of fact were that the Respondent was represented at the hearing by Christopher Walter; 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 March 30, 2016 and based on testimony presented by the code enforcement officer, the property was not in compliance with sections 30-33, 78-700, 78-701 of the Code of Ordinances and section 303.2 of Appendix B of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the above-stated facts constituted a violation of sections 30-33, 78-700, and 78-701 of the Code of Ordinances and section 303.2 of Appendix B of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to comply with sections 30-33, 78-700, and 78-701 of the Code of Ordinances and section 303.2 of Appendix B of the Code of Ordinances of the Village of Tequesta on or before May 25, 2016. If the Respondent failed to achieve compliance on or before May 25, 2016, a daily fine of up to $250.00 per day could be imposed for each day the violations continued to exist. Respondent was also assessed $198.96 for administrative costs incurred by the Village at the March 30, 2016 hearing. ' Minutes — Special Magistrate 3/30/16 ` Page 3 Respondent was given notice to appear at a status hearing, to be held on May 26, 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 property was in compliance. 3. Case Number 2015-00199 Tiramisu Restaurant, Inc. 187 Tequesta Drive Tequesta, Florida 33469 Legal Description: TEQUESTA OAKS TR B PCN: 60-43-40-30-42-002-0000 Findings of fact were that the Respondent was present at the hearing and represented by Luca Cecconi; 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 March 30, 2016 and based on testimony presented by code enforcement officer, the property was not in compliance with section 14-154 of the Code of Ordinances, Village of Tequesta, Florida. At the hearing, Luca Cecconi agreed to extinguish the unpermitted lights immediately. The Special Magistrate ordered the Respondent to comply with section 14-154 of the Code of Ordinances of the Village of Tequesta on or before April 15, 2016 by submitting an application to the Village Planning & Zoning Board by April 15, 2016. If Respondent failed to achieve compliance on or before April 15, 2016, a daily fine of up to $250 per day could be imposed for each day the violation continued to exist. Respondent was also assessed $196.46 for administrative costs incurred by the Village at the hearing on March 30, 2016. 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. Respondent was given notice to appear at the status hearing, which would be held on April 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 property has been brought into compliance. 4. Case Number: 2016-00019 Frederick & Ruth E. Horvath Living Trust 240 River Drive Tequesta, Florida 33469 Legal Description: TEQUESTA LT 395 ' Minutes — Speciai Magistrate 3/30/16 ' Page 4 PCN: 60-42-40-26-01-000-3950 Findings of fa�t were that the Respondent was the owner for the above-described property. 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 March 30, 2016 and based on testimony presented by Code Enforcement Officer Joe Petrick, the property was in compliance with section 14-152 of the Code of Ordinances, Village of Tequesta, 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 Special Magistrate ordered the Respondent to continue to comply with section 14- 152 of the Code of Ordinances of the Village of Tequesta. If the Respondent violated 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. 5. Case Number 2016-00016 Estate of Carmen Legato 9 Bayview Court Tequesta, Florida 33469 Legal Description: BAYVIEW TERRACE IN PB51P86 LT 3 PCN: 60-42-40-25-35-000-0030 Findings of faCt were that, Carol Legato, widow of Carmen Legato, 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 March 30, 2016 and based on testimony presented by the code enforcement officer, the property was not in compliance with 30-33 of the Code of Ordinances, Village of Tequesta, Florida and the condition of the pool and overgrown grass presented a serious threat to the health, safety, and welfare of the residents of the Village. Conclusions of law were that the above-stated facts constituted a continuing violation of section 30-33 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to comply with section 30-33 of the Code of Ordinances of the Village of Tequesta by April 6, 2016. If the Respondent failed to achieve compliance on or before April 6, 2016, a daily fine of $100.00 per day could be imposed for each day the violation continued to exist. � Minutes — Special Magistrate 3/30/16 ' Page 5 If the Violations regarding the pool conditions and overgrown grass were not compliant on April 7, 2016, then the Village could abate the violations of section 30-33 of the Code of Ordinances, which pose a threat to the life, safety, and welfare of the residents of the Village, by taking reasonable actions concerning the condition of the pool and height of the weeds and grass in order to alleviate the dangerous conditions that such an attractive nuisance and vegetation issues present to surrounding areas pursuant to legislative authority granted to the Village by section 162.09, Florida Statutes. Such abatement action by the Village shall not create a continuing obligation or any present or future liability for any damage to the property that may result from such good faith attempts to abate the violations. Additionally, the Village could continue to abate the nuisance in the future whenever the pool conditions and height of the vegetation and overgrowth again violate Village Code as documented in the code enforcement files for the property. The Village may also later request a fine assessment hearing on this matter in order to recover the costs of these abatement activities by the Village. Respondent was also assessed $205.96 for administrative costs incurred by the Village on March 30, 2016. Respondent was given notice to appear at the Fine Assessment Hearing which would be hetd on the April 28, 2016 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified the timely compliance of the property. 6. Case Number 2016-00003 Grant W. Rinehimer 229 Fairway West Tequesta, Florida 33469 Legal Description: TEQUESTA LT 260 PCN: 60-42-40-26-01-000-2600 Findings of fact were that 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 March 30, 2016, based on testimony presented by code enforcement officers, the property was not in compliance with sections 78-402 and 78-410 of the Code of Ordinances of the Village of Tequesta, Florida. 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 Code of Ordinances of the Village of Tequesta on or before April 27, 2016. If , � Minutes — Special Magistrate 3/30/16 ' Page 6 the Respondent failed to achieve compliance on or before April 27, 2016, a daily fine of up to $250.00 day could be imposed for each day the violation continued to exist. 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 has been corrected prior to the Special Magistrate hearing. Assessment of the Village's costs incurred at the March 30, 2016 hearing was reserved. Respondent was given notice to appear at a status hearing, which will be held on April 28, 2016 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified the timely compliance of the property. FORCLOSURE AUTHORIZATIONS None FINE REDUCTION HEARINGS None APPROVAL OF MINUTES Special Magistrate Wagner approved the minutes of the February 25, 2016 hearing. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, Lori McWilliams, MMC Village Clerk ATfEST• //'� , " _::. Code forcement Officer APPROVED: , � Minutes — Special istrat 0/16 � Page 7 / r''/ I �� � � S cial agi Date Approved