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HomeMy WebLinkAboutMinutes_Special Master_04/28/2016 z � � MINUTES VILLAGE OF TEQUESTA SPECIAL MAGISTRATE April 28, 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: 2015-00199 Tirimisu Restaurant Inc. Domus Divino 187 Tequesta Drive Tequesta, FL 33469 PCN: 60-43-40-30-42-002-0000 Legal Description: TEQUESTA OAKS TR B Chapter 14 Article VI Section 14-154; Electrical Permits Chapter 78 Article IX Section 78-294; Nuisances Findings of fact were that the Respondent was the owner of the above-described property. The Respondenfi was not present at the hearing; however, there was a finding of proper notice. By the "Order Finding Violation" dated April 11, 2016, the Special Magistrate ordered Respondent to comply with Section 14-154 of the Code of Ordinances of the Village of Tequesta on or before April 15, 2016. Based upon the evidence, pictures and testimony presented at the hearing on April 28, 2016, the Specia! Magistrate found that the property was not in compliance with section 14-154, Village Code of Ordinances. Conclusions of law were that the above stated facts constituted a continuing violation of section 14-154 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to pay a fine of three thousand finro- hundred fifty dollars which was hereby assessed, at two hundred fifty dollars per day, for the violations which existed at the property on April 15, 2016 until April 28, 2016, a period of thirteen days. This lien would continue to accrue at a rate of finro hundred fifty dollars per day until compliance was achieved. t • Minutes — Special Magistrate 4/28/2016 Page 2 Respondent was also assessed $183.98 for administrative costs incurred by the Village at the 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 has been corrected prior to the Special Magistrate hearing. 2. Case No. 2016-00003 Grant Renehimer 229 Fairway West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2600 Legal Description: TEQUESTA LT 260 Chapter 78 Article IX Section 78-402; Landscaping on single-family and duplex lots Chapter 78 Article IX Section 78-410 Notice of violation Findings of fact were that Neil Rinehimer was present at the hearing and appeared on behalf of Respondent. Notice was proper. Joe Petrick, Village Code Enforcement Officer, 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. At of the hearing on April 28, 2016 and based on testimony presented by Village Staff, it is unclear whether Respondent is still in violation of the sections 78-402 and 78-410 of the Code of Ordinances. A Status/Fine Assessment Hearing was scheduled for May 26, 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 their property into compliance. 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. 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. t � Minutes — Special Magistrate 4/28/2016 Page 3 FINE ASSESSMENT HEARINGS 3. Case Number: 2016-00016 Estate of Carmen Legado 9 Bayview Court Tequesta, FL 33469 PCN: 60-42-40-25-35-000-0030 Legal Description: BAYVIEW TERRACE IN PB 5 1 P86 LT 3 Chapter 30 Article II Section 30-33; Prohibited Property Conditions Findings of fact were that the Respondent was the owner of the above-described property. Respondent was not present at the hearing; however, there was a finding of proper notice. Under the prior Order Finding Violation & Authorizing Village Abatement, the Special Magistrate ordered Respondent to comply with section 30-33 of the Code of Ordinances of the Village of Tequesta by April 6, 2016 and authorized the Village to abate the violations that constituted threats to the public's health, safety, and welfare. Based upon the evidence, pictures and testimony presented at the hearing on April 28, 2016, the Special Magistrate found that, although the Village had abated the violations that constituted threats to the public's health, safety, and welfare, the property was still in violation of section 30-33, Village Code of Ordinances. 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 a fine of two thousand two-hundred dollars assessed at a rate of one hundred dollars per day for the violations which have existed on the property from April 6, 2016 until April 28, 2016, a period of twenty-two days. This fine would continue to accrue at a rate of one hundred dollars per day until compliance was achieved. Respondent was assessed five hundred seventy-fve dollars for the Vilfage's costs of abatement. Respondent was also assessed $188.46 for administrative costs incurred by the Village at the hearing. 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 . � ' � Minutes — Special Magistrate 4/28/2016 Page 4 VIOLATION HEARINGS None FORCLOSURE AUTHORIZATIONS None FINE REDUCTION HEARINGS None APPROVAL OF MINUTES Special Magistrate Wagner approved the minutes of the March 30, 2016 hearing. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, Lori McWilliams, MMC Village Clerk ATTEST: Code Enforcement ' er APPROV . - � I��� �� cia is ate Date Approved