HomeMy WebLinkAboutMinutes_Special Master_01/26/2017 MINUTES
VILLAGE OF TEQUESTA
SPECIAL MAGISTRATE �: � January 26, 2017
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
Speciat 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/ STATUS HEARINGS
1. Case Number: 2016-2016-00091
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 represented at the hearing by Roger
Buckwalter. There was also a finding of proper notice. Joe Petrick, Village Code
Compliance Officer, provided testimony and evidence of the violations, as contained in
the Village's evidentiary case file, which was accepted into evidence. At the hearing on
January 26, 2017 and based on testimony presented by the Village Code Compliance
Officer, the Special Magistrate found that the Village had abated the pool and
overgrowth conditions and that the property was now in compliance 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.
Conclusions of Law were that the above-stated facts allowed a fine to be assessed
against the property based upon the violations 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 and the Village's actions and costs to abate
these violations.
The Special Magistrate ordered that a fine in the amount of One Thousand Eight
Hundred Sixty-three Dollars and Nine Cents ($1,863.09) be assessed against the
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Minutes — Special Magistrate 01/26/2017
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property which included the costs of abatement actions taken by the Village in the
amount of One Thousand Six Hundred Eighty-one Dollars and Sixty-one Cents
($1,681.61) and administrative fees in the amount of One Hundred Eighty-one Dollars
and Forty-eight Cents ($181.48). Abatement costs incurred by the Village include Nine
Hundred Six Dollar and Sixty-one Cents ($906.61) for the pool pump repair, One
Hundred Twenty-five Dollars ($125.00) for the overgrowth trimming and Six Hundred
Fifty Dollars ($650.00) for the pool treatment. Administrative costs assessed per prior
order for the December 1, 2016 hearing in the amount of One Hundred Eighty-finro
Dollars and Ninety-six Cents ($182.96) were also reaffirmed.
Should The Respondent violate the same Section of the Code again, they may be
subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat
violation. Additionally, the Code Inspector is 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.
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 exists and upon any other real or personal property owned by the
Respondent, pursuant to Chapter 162, Florida Statutes.
2. Case Number: 2016-00004
Jade Nocella
3 Chapel Circle
Tequesta, FL 33469
PC 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 represented by DUSTIN NOCELLA at the hearing. Joe
Petrick, Village Code Compliance Officer provided testimony and evidence of the
violation and case status. Based on the testimony provided by the Village Code
Compliance Officer, Respondent's representative delivered the survey required per the
previous "Order Continuing Fine Assessment Hearing" to the Village immediately prior
to the hearing on January 26, 2017. Because of the lack of time provided for the Village
to review the survey for compliance prior to the hearing, it was necessary to reset the
case for Fine Assessment Hearing at a later date.
The Special Magistrate ordered the Respondent to appear at the Fine Assessment
Hearing which was to be held on March 16, 2017 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469.
REPEAT VIOLATION HEARINGS
Minutes — Special Magistrate 01/26/2017
Page 3
None
VIOLATION HEARINGS
3. Case Number: 2016-00116
Tamwest Realty Inc.
Jupiter Tequesta Air Condition
582 U.S. Highway 1
Tequesta, Florida 33469
Legal Description: 30-40-43, SLY 291.75 FT OF ELY 209.21 FT (LESS
NLY 186.99 FT OF SLY
256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) & S 11 OF W 43
PCN: 60-43-40-30-001-0080
Chapter 14 Article VI Section 14-152; Building Permits
Findings of fact were Respondent was not present at the hearing but was represented
by GUADELUPE BARRERA, General Manager for Jupiter Tequesta Air Conditioning, at
the hearing. There was also 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 January
26, 2017, based on testimony presented by the Village Code Compliance Officer, the
property was not in compliance with Chapter 14, Article VI, Section 14-152 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 Chapter
14, Article VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered the Respondent to comply with Chapter 14, Article VI,
Section 14-152 of the Code of Ordinances of the Village of Tequesta by completing the
demolition of the unpermitted structure and closing out the demolition permit within thirty
(30) days of the date of this order. If the Respondent failed to achieve compliance within
thirty (30) days of the date of this order, a daily fine of Two Hundred Dollars ($200.00)
would be imposed for each day the violation continued to exist. Assessment of the
Village's administrative costs in the amount of Two Hundred Seventeen Dollars and
Eighty-eight Cents ($217.88) incurred for the January 26, 2017 hearing was hereby
ordered.
The Respondent was given notice to appear at a Fine Assessment Hearing, which was
to be held on March 16, 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.
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
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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.
4. Case No. 2016-00095
Faith Cash and Jeffrey Nairn
228 Golf Club Circle
Tequesta, Florida 33469
Legal Description: TEQUESTA W 3 FT OF LT 184, LTS 185 & 186 (LESS
THPT AS IN OR2061)
PCN: 60-42-40-26-01-000-1842
Findings of fact were that The Respondents were the owners of the above-described
property. The Respondents were represented by FAITH CASH at the hearing; there
was also a finding of proper notice. 3. Joe Petrick, Village Code Compliance Officer,
provided testimony and evidence of the violation, as contained in the Village's
evidentiary case file which was accepted into evidence. days of the date of this order or
the original penalty amount will automatically be reinstated as a penalty.
The Special Magistrate ordered the violation hearing in this case be reset. The
Respondent was given notice to appear at a Violation Hearing on March 16, 2017 at
10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida
33469.
FORCLOSURE AUTHORIZATIONS
None
FINE REDUCTION HEARINGS
None
5. Case Number: 2016-000016
Estate of Carmen Legado
9 Bayview Court
Tequesta, FL 33469
Legal Description: BAYVIEW TERRACE IN PB 5 1 P86 LT 3
PCN: 60-42-40-25-35-000-0030
Findings of fact were that Based upon the "Order Assessing Fine," dated May 2, 2016,
for the above-referenced case number, the Special Magistrate assessed a fine in the
amount of Two Thousand Two Hundred Dollars ($2,200.00) and continuing to accrue at
a rate of One Hundred Dollars ($100.00) per day until compliance was achieved. The
total fine incurred in this case was Four Thousand Four Hundred Dollars ($4,400.00).
Since the last hearing in this case, ownership of the property changed from the Estate
of Carmen Legado to Federal National Mortgage Association. The Respondent's
representative, Joe Bettag, requested a hearing seeking mitigation of the lien amount
assessed. The Village of Tequesta opposed reduction of the fine amount which totaled
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Four Thousand Four Hundred Dollars ($4,400.00). The fine amount was reduced at
hearing to Three Thousand Four Hundred Eighty-six Dollars and Fifty-four Cents
($3,486.54). Abatement and administrative costs in the amount of One Thousand Five
Hundred Thirteen Dollars and Forty-six Cents ($1,513.46) were not reduced. The
property is no longer in violation of Chapter 30, Article II, Section 30-33 of the Code of
Ordinances of the Village of Tequesta.
The Special Magistrate ordered the penalty amount previously imposed be reduced
from $5,913.46 to $5,000.00. The Respondent was hereby ordered to pay this mitigated
fine amount, which included Three Thousand Four Hundred Eighty-six Dollars and Fifty-
four Cents ($3,486.54) in fines and One Thousand Five Hundred Thirteen Dollars and
Forty-six Cents ($1,513.46) in abatement and administrative costs, within sixty (60) days
of the date of this order or the original penalty amount would automatically be reinstated
as a penalty.
APPROVAL OF MINUTES
Special Magistrate Wagner approved the minutes of the December 1, 2016 hearing.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
Respectfully submitted,
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Lori McWilliams, MMC
Village Clerk
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Code Enforcement Officer
APPROVED:
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cial M rat Date Approved
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