HomeMy WebLinkAboutMinutes_Special Master_12/01/2016 • MINUTES
VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE :, December 1, 2016
HEARING - " -
CALL TO ORDER AND ROLL CALL
The hearing was cailed 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 Amity Barnard.
The following cases were heard by the Special Magistrate.
FINE ASSESSMENT HEARINGS
1. Case Number: 2016-00070
RJC Capital LLC
Richard Wasertein
466 Tequesta Drive
Tequesta, FL 33469
PC N : 60-42-40-25-06-015-0050
Legal Description: JUPITER IN THE PINES SEC B LT 5 BLK 15
Chapter 30 Article II Section 30-33; Prohibited Conditions
This case was withdrawn.
2. Case Number: 2016-00091
Karen and Roger Buckwalter
48 Wingo Street
Tequesta, FL 33469
P C N: 60-42-40-2 5-25-000-0090
Legal Description: TEQUESTA PINES LT 9
Chapter 30 Article II Section 30-33; Prohibited Conditions
Chapter 78 Article IX Section 78-397; Prohibited Plant Species
Findings of fact were that the Respondents were present at the hearing and 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 December 1, 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,
adopted through Section 14-121 of the Code of Ordinances of the Viltage of Tequesta,
i
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and the condition of the pool and overgrowth presents 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 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, adopted
through Section 14-121 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered the Respondents to comply with 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, adopted through Section 14-121 of
the Code of Ordinances of the Village of Tequesta, within seven (7) days, by December
8, 2016. If the Respondents failed to achieve compliance on or before December 8,
2016, a daily fine of up to One Hundred Dollars ($100.00) per day could be imposed for
each day the violation continued to exist.
3. Case Number: 2016-00004
Nocella Jade
3 Chapel Circle
Tequesta, FL 33469
PCN: 60-42-40-25-32-000-0290
Legal Description: CHAPEL COURT SEC 2 AS IN P647 P196 LT 29
Chapter 14 Article VI Section 14-152; Building Permits
Findings of fact were that the Respondent was not present at the hearing; however,
there was a finding of proper notice. Respondent's representative, Dustin Nocella, was
present at the hearing. As of the hearing on December 1, 2016 and based on testimony
presented by Village staff, the property was not in full compliance with section 14-152 of
the Village's Code of Ordinances, because a portion of the playground equipment
appeared to be located within the setbacks of the property. The Village Building
Official and Planning and Zoning staff testified to the issue of the setback and requested
proof in the form of a sealed survey indicating that the playground equipment was not in
violation of the setback requirements under the Village Code. The Village agreed to give
the property owner thirty (30) days to provide the survey, upon which time the
demolition permit could undergo final inspection, which will include final review from the
Building Official and Planning and Zoning Department.
The Special Magistrate ordered the Respondent to provide proof, in the form of a sealed
survey, that the setback requirements were met within thirty (30) days of the date of this
order.
Respondent was given notice to appear at the Fine Assessment Hearing which was to
be held on January 26, 2017, 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.
No Text
� Minutes — Special Magistrate 12/01/2016
Page 3
REPEAT VIOLATION HEARINGS
None
VIOLATION HEARINGS
4. Case No. 2016-00093
DMT Asset Management LLC
385 Tequesta Drive
Tequesta, Florida 33469
Legal Description: JUPITER IN THE PINES SEC B RESUB IN
PCN: 60-42-40-25-10-002-008130-40-43
Violation of IPMC Sections 303.4 (Structural Members) and 303.7 (Roofs),
adopted through Section 14-121 of the Code of Ordinances of the Village
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 December 1, 2016, based on testimony
presented by code compliance o�cer, the property was not in compliance with IPMC
Sections 303.4 (Structural Members) and 303.4 (Roofs), adopted through Section 14-
121 of the Code of Ordinances of the Village of Tequesta, by the date required in the
Notice Of Violation.
Conclusions of law were that the above-stated facts constituted a violation of IPMC
Sections 303.4 (Structural Members) and 303.4 (Roofs), adopted through Section 14-
121 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered the Respondent to hereby comply with IPMC Sections
303.4 (Structural Members) and 303.4 (Roofs), adopted through Section 14-121 of the
Code of Ordinances of the Village of Tequesta, by January 25, 2017. If the Respondent
failed to achieve compliance by January 25, 2017, a daily fine of Two Hundred Fifty
Dollars ($250.00) may be imposed for each day the violation continued to exist.
Assessment of the Village's administrative costs in the amount of $203.40 incurred at
the December 1, 2016 hearing were hereby ordered.
Respondent was given notice to appear at a Fine Assessment Hearing, which was to be
held on January 26, 2017 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Compliance O�cer certified
that the Respondent had timely brought the property into compliance.
No Text
� Minutes — Special Magistrate 12/01/2016
Page 4
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 may be presented to the Special Magistrate
even if the repeat violation had been corrected prior to the Special Magistrate hearing.
5. Case Number: 2016-00102
Donald and Jo Ann Murphy
100 River Drive
Tequesta, FL 33469
Legal Description: TEQUESTA LT 428
PCN: 60-42-40-26-06-01-000-
�olation of Chapter 30 Article II Section 30-33 of the Code of Ordinances
of the �Ilage of Tequesta.
This case was withdrawn.
6. Case Number 2016-00088
Alford Ricker Jr. Trust
360 Cypress Drive #2
Tequesta, FL 33469
PCN: 60-43-40-30-03-001-0040
Legal Description: JUPITER IN THE PINES SEC C LT 4 BLK 1
Chapter 34 Article III Section 34-62; Inspections
This case was withdrawn.
FORCLOSURE AUTHORIZATIONS
None
FINE REDUCTION HEARINGS
None
APPROVAL OF MINUTES
Special Magistrate Wagner approved the minutes of the October 27, 2016 hearing.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
. , Minutes — Special Magistrate 12/01/2016
Page 5
RespectFuliy submitted,
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Lori McWilliams, MMC
Village Clerk
ATTEST: �
Code Enforcement Officer
APPROVED:
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S ci strate Date Approved