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Home My WebLink AboutOrders_Code Enforcement_08/25/2016_Bozzuto Capital Management F y VILI�AGE QF' �'��UESTA, FI.ORIDA -- -V-IL- ITAG�-O�' TEQiTESTA, � CASE IvTO. 2015-0.019.7. Petitamner, � vs. � JBOZZiTTO �APITAI, .1VIANAGENNI�NT, INC., . " Respondent. S�IPULATEID ORDER IlVIPOSYNG FINES Re ViolaBion of Development Order Re�icirements; Pralan �each Cocrnty I're- Annexation Address:19578 U.S. Highwa.y #1, Tequesta, Florida 33469 Legal l)escripfion: JUPITER �IEIGHTS LTS 9 TO 12 INC & ABND 40 FT STRIl' LYG �� & ADJ TH�R�TO BLK 4 PCI�:60-43-40-30-02-004-0090 ' This Stipulated Order Imposing Fines and Costs between the Village of Tequesta (the Village) and Bozzuto Capital Management, Inc. (Respondent) resolves the code enforcement case identified above in a fair and amicable manner. The Village and Respondent agree and stipulate to the following: , 1. As a result of a properly noticed hearing held on February 25, 2016 based on a Notice of Violation issued to the Respondent, the Village and Respondent entered into a Stipulated Order Finding Violation dated February 29, 2016 in which Respondent stipulated to the existence of the following violations and corrective action: A. Existing exfiltration trench needs to be properly maintained in accordance with coun- . ty standazds from 1997 approval throughout all parking lot improvements. ; B. Parking lot striping must be installed, including ADA space, per the site plan. This � will also require permits and building official sign-off. C. Landscaping must be installed and maintained in accordance with the site plan, which specifies 4 interior trees, 12 interior shrubs, 19 perimeter trees and 200 perimeter � shrubs. 50% of these to be Florida native species. Page 1 of 4 D. Although the surface condition of the parking area in general was not specified as a j violation in this case, Respondent may (but is not required, as a condition for compli- '� ance) re-surface same prior to re-striping. I E. Respondent may (but is not required, as a condition for compliance}, modify/enhance the required perimeter landscaping in order to even further screen from view the pazk- I �i ing azea from surrounding properties with Village approval. �i F. All vehicle parking must be contained to striped spaces. Parking _outside of striped spaces is prohibited at all times.� Respondent stipulates to past parking violatiQns on the following dates, as depicted in the evidentiary case file for this matter: November 26, 27 and 30; December 1, 2, 5, 8, 9, 15, 16 and 27; January 1, 3, 5, 8, 9, 10, 11, 12, 13, 15, 16 and 31; February 3, 4, 5, 6, 7, 10, 12, and 15. � G. Respondent shall immediately cease and desist parking any vehicles in any location on the above addressed property exeept in striped spaces. Further Respondent shall have 120 days from February 25, 2016 to bring the other above referenced matters in- to compliance. 2. Additional parking violations regarcling truck parking occurred on February 26; March 2, 3, 7, 8, 9, 11, 27, 28 and 29; Apri16; May 10, 11, 15, 16,17, 19, 23 and 24. 3. The Villaae has determined that other. than the additional truck parking violations, Re- spondent has timely come into compliance based upon the above referenced conecrive actions and has made additional improvements to the property in the form of resurfacing the parking lot referenced in corrective action "C" and installed inigation to the specified landscaping which expenditures totaled $4,000 for this property ("Supplemental Im- provements"). 4. Based upon Respondent's undertaki.ng of the Supplemental Improvements to the property and agreement to re-seal and stripe a"no paxking" area on the portion of Inlet Court i.m= mediately adjacent and to the north of 19600 U.S. Highway One which commercial prop- erty operates in conjunction with the property, Village agrees to accept those improve- ments as the fine associated with this case. � The improvements to Inlet Court shall be , made in accordance with any applicable Village Code and pursuant to any required Vil- lage permit and shall be completed within thirty (30) days of the date of the approved Stipulation, unless extended by the Village due to permiiting issues. Such settlement of fines includes the dates of parking viola�ions specified in paragraph 1.F. above and dates of parking violations specified in paragraph 2, when Respondent's manager incorrectly interpreted the corrective actions required. ` Page 2 of 4 r � e 5. The Village is entitled _to recoyer its administrative costs incurred from the bringing_ of this matter to hearing. The amount of administrative costs was $325.00 for this case and Respondent sliall pay Village such sum within ten (10) days of approval of this Stipula- tion. �'� 6. Respondent acknowledges and understands _that any future v_iolations_ for parking or_ for any of the s'ite Telated violations stipulatecl to herein, �that may occur within the next five (5) years, will be treated as repeat violations in accordance with Village code and state law. . � VILLAGE O T QUESTA RESPONDENT , By: � 0 ' By: K ith W. Davis, Esq. Gregory Kino, Esq. � Village Attomey Attorney for Respondent . Date: August 25, 2016 Date: Aub st 25, 2016 . . i Page 3 of 4 6 VILLAGE OF TEQUES'I'A, FLORIDA VILLAGE OF TEQUESTA, CASE NO. 2015-00197 Petitioner, vs. BOZZUTO CAPITAL MANAGElVIENT, INC., Respondent. ORDER ACKNOWLEDGING STIPULA'I'ED ORI)�R IIVIPOSING FINES AIeTD COSTS IT IS HEREBY ORDERED AND ADNDGED, that the foregoing Stipulated Order Impos- ing Fines and Costs is acknowledged and approved. The parties are directed to comply with its terms. DONE AND ORDERED on August 25, 2016. � VILLAGE OF TEQkTESTA � ,- . i i" , ; ;-�' / i �` � ` ,r / �' _ ' BY: ; � ; ' � � , -" �"`�� - ; KEVIN�WA,'i�NE.R �� ;` SPEC •AL•IVIAGIS-�'&A'�'E Filed with the Village Clerk �� On: �i � � `, By: � � J , Page 4 of 4 �, �...�. � ` i � . -- , � �� , VI'LLAGE OF TEQUESTA, FLORIDA ' VILLAGE OF TEQUESTA, CASE NO. 2015=00197 Petitioner, : l F vs. � BOZZUTO CAPITAL MANAGEMENT, ; il\ 1...� j Respondent. � 4 P t STIPULATED ORDER FIND'ING` VIOLATTOlY ; a i Re; Volation of Development Order Requirements; Palm 13.ea,cli Cou�ty Pre- ; Anne:zation Address;1,9578 TJ Highway#1, Tequesta, Florida 33469 � F ; Legal Descripfionc JUPITER �-I�IGHTS: LTS 9 TO 12 IN.G: & ABND 4U. FT STRIP LXG W� �1DJ `THERETb BLIC 4 PCN:6Q-43-40-30-02-004-0090 = . , S This Stipulated Order Finding Violation between the Village of Tequ�sta (tlie. Village) and . f . Bozzuto Gapital 1Vlanagement, Inc; (Respondent) resolves the :coe_ie enforcern�nt case identified ; above in a fair and amicable manner. The Village and R'espondent agree and stipulate to tlie �' � following: , ; 1 1. In 2012,. tfie above addressed ;property was voluntarily annexed ;into the Village of Te- questa, Prior to said annexat�on, the abo.ve addressed; property had received certain de= > velopment �approvals. from Palm Beacli C.ounty. Said; development; approvals remain::a�- _ pl'icab.le and enforceable by tlie �llage of Tequesta following said volunfary- anneXation. ; � t 2._ On-February�25, 20T6, the Village°of Tequesta Code Enforcement �'pecial LViagistrate held j a hearing regarding alleged violations of"the arove referenced development approvals: i Respondent was, present and;represented, by Iegal counsel. T11ere was a finding of proper � . � notice. `Tlie site plan documents and cotmty approvals were accepteci into evidenee by the � special magistrate, made part of the .record for this matter, and are contained .in .the evi= � , dentiary ease file for this matter � � ; . � Page 1 of 4 { � � � �� t � i , � / ~ � F 1 3. Based. on the foregoing approvals, as well a site visit that occurred prior to the February � 25, 2U16 liearing, Respondent has stipulate,d to the existence of the following violafions � � � : arid correcfion action: ( t ; i A: Existing exfiltration trench :needs to be properly maintained in_accordance with coun- � ty standards from I997 approval throughout.all parking lot:improvements. ; B: Parking lot striping .must b;e installed, .including ADA space, per the. site plan. This 4 will; also reqwre permits and building; off cial.-sign-off. ; C. I;andSCaping must: be installed and maintained in accor,darice with' the site plan; which � specifies 4 interior. trees, 12 interior shrubs; 19 perimeter trees and 200 perimeter E � shrubs. 50% of these to be Florida native species. � :D. Although the surface condition of the parking area iri gerieral was not specified as a ; violafion iri this case, Respondent may (tiut is not required, as�a for compli- j ance) re-surface; same priox to;re-striping. i E. Respondent may (but is. not required as a condit�on; for eompliance) modify/enhance � �he reguired perimeter landscaping in order to even_further screen from view the park= ing� area:from surrounding properties with� Village approval. F. All vehicle parkirig rriust, be contained to, striped spaces. Parking.oufside of striped spaces is prohibited at all.times. Respondent stipulates to past'parking viola�ions; on ' the following dates, as depicted imthe evidentiary case fiTe for this. matter: Noyember 26, 27` arxd 3:U; Decemb,er l, 2 5, 8, 9,15, 16 and 27; January I, 3, 5,: 8 9,:10, 11, 12, ; 13,_ 15, 16 and 31; February 3, 4, 5, 6, 7, 10, 1-2, and_`15._ j G. Respondent shall iiniriediately eease and desist parkirig any `vehicles in any :Iq,cation i on the above addressed property except in striped spaces. Further Respondent shall ; have 120 da,ys frorii February 25, �2015 to bring the ofher above :referenced -matters -in- , to compliance:. , 4. The parties presented addit'ignaT evidence and argumen# to`tke Special IVlagistrate qn the ; ; issue _of _rental til:ieks lieing permitted� to 'be parked on, this property: Based on the evi.- ° denee, testimony and argument preserited, :#he. special, magistrate finds ,no: violation eatists ; from the parlcing of rental: trueks in properly striped and designafed spaces in the;parking � lot on t�ie above'addressed properky. � 5. The Village is entitled to recover its administrative costs iricurred from the bringing: af ''>, . � this matter to he_aring. The: amount of administrative eosts. tq be �assessed shall b`e heard � } by the SpeciallVlagistrate af,a future hearing as set.forth'below. ' � � 6. The matter of fuie assessment for the above referenced parking violations, as well as any j . { future:non-compliance with this Stipulated' Order Firiding Violation shall be heard by the I 1 SpeciallVlagistrate-at a future.hearing as set fortli below: i . � E ( ; Page 2 of 4 � 7. This matter is hereby set for a Fine Assessment Hearing/Status Hearing on June 23, 2016 at 10:00 am, at the Village of Tequesta Council Chambers, 345 Tequesta Drive, Teques- ta, Florida 33469. 8. Upon complying in any code comptiance matter, it is always the responsibility of the Respondent to contact the Code Compliance Division at (561) 768-0506 to request a re-inspection of the property. VILLAG TEQUESTA RESPONDENT � By: By: �._ eith W. Davis, Esq. Gregory Kino, Esq. Village Attorney Attorney for Respondent Date: February 29, 2016 Date: February 29, 2016 Page 3 of 4 ._- ,�-� . � � � f VIL.LAGE ;OF TEQ;UESTA, FLORIDA � f VILLAGE 0F TEQUESTA, CASE N0 2015-00197 � Petitione"r, . 1 , � vS. � f BOZZIJTO CAPITAL ;MANAG.EMENT,, INC., Respondent. � ; , ORDER ACKN.QWLEDGING ; ;. � STIPULATED ORDER FINDYNG VIOLATIO;N' � i IT IS HEREBY ORDERED A1VD ADJUDGBD, that'the fo�egoing Stipulated Order Findirig ; � olation: is:�acknowledged; and approved; The parties are directed to comply with its terms.. ' . DONE,AND-ORDERED on February 29, 20.T5. � VILLAGE OF TEQIJESTA t ; � : � BYt KEVTN W'AGNER � � SPECIAL MAGISTRATE ? Filed=with the Village Clerk. � � On: B � i i { ' i 7 �: I i � � 1 t i i � � e ! E � I E Page=4:, of 4 � � '' V — fi � 7 � � _ ' � � a ? � � , 4 VIL:LAG'E OF TEQVESTA, FLORIDA. . � f VILLAGE OFTEQUESTA, CASE;NO. 2015-00198 � Petitioner, � ; vs. j � . LINDA BOZZUTO & AGNES LONGE- NECKER, i Respondents. STIPU;LATED ORDER FINDING VIOLATION j ;: Re: Volation vf Development; Order Requirements; Palm B.each County Pre- i Annexation � Address:1;960.0 IJ:S. Highway #l, Tequesta, Florida33469 ; - Legal Description: _JUPITER HEIGHTS LTS 1`TO 4�INC Bi;ABND 40 FT STRIP LYG W& ; ADJ THERETU BI<K 4 � PCN:60=4�3-40=30-02=004-0010 : # This Stipulated. Ord"er Fiiidirig Violatiori between the Village of Tequesta (the Village) and � Linda Bozzato & Agnes Longenecker (Respondents) resolves the code enforeement: case � � ; identified abave in a. fair: and amicable manner. The Village and Respond:ents agree and stipulate , to the;followirig: 1. In :201:2, the above addressed properry was voluntariTy` annexed into tke Village of Te- � guesta. Frior to said annexation, the above addressed property had : reeeived .certain.,de= velopment approvals from Palm Beach Gounty Saicl development: approvals remain ap= _ licabie and enforceable by�the Village of Tequesta follow'ing sald vo'luntary annexation. ;. P_ 2. .Qn,February 25, 201.6, the Village: of Tequesta Code Enforc.ement Special IVlagi.strate held f _ � ;. a hea.ring regardirig alleged violations of'the above .referenced development approvals. F Respondents were. present and' represented by legal counsel. There was a finding of � � proper notice. The site plan documents and county approvals were aceepted into evi- j ! � dence by the special magistrate, made part';of tlie record for this matter,:and: are contained � in the evidentiary case:file for this matter, f i 1 f Page 1 of 4 � � � � � � , • �__ f , , ' � 3. Based on tke foregoing approvals, as well a site visit that .occurred prior to the Eebruary 25 2Q16:hearing Respondents have stipulafed to the existence ofthe fqllowing'violations ancl correction aetionc i A: Landsca in with cano trees 10' to 12' in overall hei h lus :30" to .36"° hed e ` P g� PY _ g� p g � shall tie ins"talled and maintained as req.uired by the site plan (this is primarily on the i east arid north sides of the propeity). ; B. Vehicle waslung is: permitted (no other mainteriance_ activ'ity is pernutted) but-shall Iie � limited to the vehicle bay in the rear of.�the building. ( C. Although the surface condition of the pazking area in general was not specified as; a violation in: this case, Respondents may (but aze not required, as a condition �for com- � _ pliance)�re-surface sarrie prior to re-striping. Re-striping of approved parking spaces � is:required as a condition` qf compliance. } ]D: Respondents may (but are not required, as a condition for corripliance), modi- � fy/enhance the required perimeter landscaping in order to even further screen from ' view the parking area from surrounding properties-with Village approval. E. All vehicle parking must be .contained to striped spaces. Parking outside of striped spaces`is prohibited at all. times. Vehieles �inay also be paTked in tlie desigiiated vehi- ' cle washing area. while. being washed. Respondents stipulate to: past, parking viola- ; tions :on the following dates, as depict.ed in the evidentiary cas..e fle for this matter. � November 26, 27 and 30;: December 1, 2, 5, 8, 9, 1�5 1 G and 27;: January 1, 3, 5, 8; 9, f 1.0,11, 12, 13, 15, 16 and 3 l; Februar:y 3,, 4, 5, 6, 7, 1'0, 12, and 15:. ; F. Resporidents shall iinmediately cease and desist. parking: ariy �ehicles in ariy location � on tlie. -above .addressed property except "'in =striped spaces.. Vehicles may also 'be. `s parked in the designated vehic.le waslung area wliile being washecl. Fw tlier Respond- � ents shall'have 120 days from February 25, 2016 tg bring the other above-referenced , matters into complianee. ; t �, The Village is entitled to recover its administrative costs incurred from the bringing of f ; tliis matter to hearing. The amourit of .administrative costs to be assesse.d shall be heard ; t by the-:SpeciallVlagistrate at a�future hearing as set forth belo.w. , 5. The matter of fine assessment for the above referenced paikirig violations, as well as any i futur•e non-.compliance with this Stipulated Order Finding Violation shall be heard by the i Special:Magistrate at�;a future hearing as set forth below. f 6. This matter is hereby set for a: Fine Ass.essment Hearing(Status. Hearirig on June 23, 201_6` � at 1.0:00 am, at tlie Village. of `Tequesta Council Cfiamb'ers, 345 Tequesta Drive, `Teques- � ta, FIorida 33469. � i t . # � I ( � Page Z: of 4 7. U�on complying in any code comptiance matter, it is always the responsibility of the Respondents to contact the Code Compliance Division at (561) 768-0506 to request a re-inspection of the property. VILLAGE TEQUESTA RESPONDENTS � � � By: C/ / By: C_ ith W. ', Esq. Gregory Kino, Esq. Village Attorney Attorney for Respondents Date: February 29, 2016 Date: February 29, 2016 Page 3 of 4 f' !� - -, � �/ �� f .: � . .� VILLA.G:E OF TEQUESTA, FL:ORIDA VILLAGE OF TEQUESTA, CASE; NO. 2`015-00198 } Petitioner, � f t VS.. ! _ 1 � LINDA BOZZUTO & AGNES LONGE- ` NECKER, Respondents. � ORD.ER ACKNOWLEDG:ING i 5'TIPULATED ORDER FINDING VIO:LATION ; IT IS HEREBY ORDERED AND ADJUDGED, that the ,foregoing,,Stipulated Order Finding �Violation is acknowledged and approved: The parties are directed to` comply with its terms. DONE AND ORDERED on February 29, 2016. VILLAGE OF T'EQ:UES�TA � � ' BY: f KEVIN WAGNER SPECIAL MAGIS.TRATE : Filed wifh the: Village Clerk On. ; � By: t t ; ; ; . ; s r f ( � i f � Page 4 of 4 ( � l �