HomeMy WebLinkAboutMinutes_Special Master_10/27/2016 MINUTES
VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE � October 27, 2016
HEARING �
CALL TO ORDER AND ROLL CA�L
The hearing was called to order at 10:00 a.m. and the Piedge of Allegiance was led by
Special Magistrate Kevin Wagner. Present were: Special Magistrate Kevin Wagner,
Code Enforcement Officer Joe Petrick and Village Attomey Amity Barnard.
The following cases were heard by the Special Magistrate.
FINE ASSESSMENT HEARINGS
1. Case Number: 2016-00075
Jennifer Goldstein
100 Fairview West
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 554
PCN: 60-42-40-26-01-000-5540
Chapter 46+Article III Section 46-74; Parking of certain commercial
vehicles and recreational vehicles in the RI-A district
This case was withdrawn.
2. Case Number: 2016-00063
Bruce and Adeline Patterson Trust
361 Saturn Ave.
Tequesta, FL 33469
PCN: 60-43�0-30-04-034-0160
Legal Description: JUITER IN THE PINES SEC D LT 16 BLK 34
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were 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 October 27, 2016 and
based on testimony presented by the code compliance officer, the property was in
partial compliance with Chapter 30 Article II Section 30-33 of the Code of Ordinances of
the Village of Tequesta. As of this date, the pump was deemed to be in compliance and
the driveway was deemed to have been fixed, however the permit for the driveway had
Minutes — Special Magistrate 10/27/2016
Page 2
not been finalized and closed out prior to the compliance date in the Order Finding
Violation. As a result, the driveway was still in violation of this section of the Code.
Conclusions of law were that the above-stated facts constituted a violation of Chapter
30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered the Respondent to hereby comply with Chapter 30
Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta on or
before November 30, 2016 by finalizing and closing out the driveway permit. If
Respondent failed to achieve compliance by November 30, 2016, a daify fine of One
Hundred Dollars ($100.00) per day could be imposed for each day the violation
continued to exist.
The Respondent was ordered to appear at the Fine Assessment Hearing which was to
be held on the December 1, 2016, at 10:00 a.m. at Village Halt, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Compliance 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.
The Respondent was assessed the Village's administrative costs in the amount of
$186.98.
3. Case Number: 2016-00004
Nocella Jade
3 Chapel Circle
Tequesta, FL 33469
P C N : 60-42-40-25-32-000-0290
Legal Description: CHAPEL COURT SEC 2 AS IN PB47 P196 LT 29
Chapter 14 Article VI Section 14-152; Building Permits
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. RespondenYs representative, Dustin Nocella, was present at the
hearing. As of the hearing on October 27, 2016 and based on testimony presented by
Village staff, the property was not in compliance with section 14-152 of the Village's
Code of Ordinances. The Village has agreed to continue this matter until the December
1, 2016 hearing.
The Special Magistrate Ordered that this matter shall be continued to the December 1,
2016 agenda for further consideration and action at that time.
�
Minutes — Special Magistrate 10/27/2016
Page 3
Respondent was given notice to appear at the Fine Assessment Hearing which was to
be held on the December 1, 2016, at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Compliance Officer certified
that the Respondent has timely brought the property into compliance.
REPEAT VIOLATION HEARINGS
None
VIOLATION HEARINGS
4. Case No. 2016-00112
SLO-ML LLC
150 N. US Hwy 1
Tequesta, Florida 33469
Legal Description: 30-40-43, SLY 718.76 FT OF NLY 118.76 FT OF ELY
254.83 FT OF GOVTLT 3 LYG W OF & ADJ TO US HWY 1
PC N : 60-43-40-30-00-003-0070
Chapter 78 Article XI Section 78-745h; Prohibitions in all zoning districts
(outdoor displays)
5. Case Number: 2016-00070
RJC Capital LLC
Richard Wasertein
466 Tequesta Drive
Tequesta, FL 33469
Legal Description: JUPITER IN THE PINES SEC B LT 5 BLK 15
P C N: 60�2-40-2 5-06-015-0050
Violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances
of the �Ilage of Tequesta.
Findings of fact were that the Respondent was not present at the hearing. 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 October 27, 2016, and based on testimony
presented by the code compliance officer, the property was not in compliance with
Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta
by the date requi�ed in the Notice of Volation. The Special Magistrate ordered the
Respondent to maintain compliance with section 14-155 of the Code of Ordinances of
the Village of Tequesta.
Minutes — Special Magistrate 10/27/2016
Page 4
Conclusions of law were that The above-stated facts constituted a violation of Chapter
30 Article II Section 30-33 of the Code of Ordinances of the Vllage of Tequesta.
The Special Magistrate ordered the Respondent to hereby comply with Chapter 30
Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta within
fourteen (14) days of the date of this Order. If the Respondent failed to achieve
compliance by this date, a daily fine of Twenty-five Dollars ($25.00) could be imposed
for each day the violation continued to exist.
Assessment of the Village's administrative costs in the amount of $193.46 incurred at
the October 27, 2016 hearing was hereby ordered.
The Respondent was ordered to appear at a Fine Assessment Hearing, which would be
held on December 1, 2016 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Compliance Officer certified
that the Respondent had timely brought the property into compliance.
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 compliance officer is 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 Numt�r 2016-00086
Walter Eichner
136 Intracoastal Circle
Tequesta, FL 33469
PCN: 60-43-40-30-39-000-0100
Legal Description: KEY WEST VILLAGE LT 10
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were that the Respondent was present at the hearing. 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 October 27, 2016 and based on
testimony presented by the code compliance officer, the property was in compliance
with Chapter 30 Article 11 Section 30-33 of the Code of Ordinances of the Village of
Tequesta, but did not achieve compliance by the date required in the Notice of Violation.
Conclusions of law were that the above-stated facts constituted a violation of Chapter
30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta, but the
property was now in compliance with this section of the Code.
Minutes — Speciai Magistrate 10/27/2016
Page 5
The Respondent was hereby ordered to maintain compliance with Chapter 30 Article II
Section 30-33 of the Code of Ordinances of the Village of Tequesta.
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.
The Respondent was assessed the Village's administrative costs in the amount of
$194.46.
7. Case Number 2016-00106
Janice Fenwick
71 azalea Circle
Tequesta, FL 33469
PCN: 60-43-40-30-07-000-0940
Legal Description: RIDGEWOOD HOMES SEC 3, LT 94
Violation of Chapter 46 Article III Section 46-73 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. 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 October 27, 2016 and based on
testimony presented by the code compliance officer, the property was in compliance
with Chapter 46 Article Ilt Section 46-73 of the Code of Ordinances of the Village of
Tequesta 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 Chapter
46 Article I11 Section 46-73 of the Code of Ordinances of the Village of Tequesta, but the
property was now in compliance with this section of the Code.
The Special Magistrate ordered the Respondent to hereby maintain compliance with
Chapter 46 Article III Section 46-73 of the Code of Ordinances of the Village of
Tequesta.
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.
The Respondent was assessed the Village's administrative costs in the amount of
$199.46.
Minutes — Special Magistrate 10/27/2016
Page 6
8. Case Number: 2016-00091
Karen and Roger Buckwalter
48 Wingo Street
Tequesta, FL 33469
PC N : 60-42-4 0-25-000-0090
Legal Description: TEQUESTA PINES LT 9
Violation of Chapter 30 Article II Section 30-33, Chapter 78 Article IX
Section 78-397 of the Code of Ordinances of the Village of Tequesta and
Section 302.7 of the IPMC.
Findings of Fact were that the Respondents were present at the hearing. Notice was
proper. Joe Petrick, Village Code Compliance Officer, 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 the hearing on October 27, 2016 and based on
testimony presented by the Village Code Compliance Officer, Respondents were still in
violation of Chapter 30 Article II Section 30-33, Chapter 78 Article IX Section 78-397 of
the Code of Ordinances of the Village of Tequesta and Section 302.7 of the IPMC.
A Status/Fine Assessment Hearing was scheduled for December 1, 2016 at 10:00 a.m.
at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469,
unless the Code Compliance Officer certified that the Respondent had timely brought
the property into compliance. Assessment of administrative costs incurred by the Village
at all prior hearings was resenred.
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.
FORCLOSURE AUTHORIZATIONS
None
FINE REDUCTION HEARINGS
None
APPROVAL OF MINUTES
Special Magistrate Wagner approved the minutes of the August 25, 2016 hearing.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
Minutes — Special Magistrate 10/27/2016
Page 7
RespectFully submitted,
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Lori McWilliams, MMC
Village Clerk
ATTEST: � �. � ( _ � �
Code Enforcement Officer
APPROVED�
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pe ' agistrate Date Approved