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Home My WebLink AboutMinutes_Special Master_03/23/2017 . - MINUTES YILLAGE OF TEQUESTA SPECIAL. MAGISTRATE March 23, 2017 HEARtNG CALL TO ORDER AND ROLL GALL The hearing was calied to order at 10:00 a.m. and the Pledge of Altegiance was led by Speciai Magistrate Kevin Wagner. Present were: Special Magistrate Kevin Wagner, Code Enfarcement Officer Joe Petrick and Vitlage Attomey Amity Bamard. The following cases were heard by the Special Magistrate. FINE ASSESSMENT/STATUS HEARINGS 1. Case Number: 2016-t�0116 Tamwest Realty, tnc. Jupiter Tequesta Air Condi#ion 582 US Highway 1 Tequesta, FL 33469 P C N: 60-43-40-30-001-0080 Legal Description: 30-40-43, SLY 450 FT OF GOV LT 't LYG WLY OF & ADJ TO US HWY 1 RM/ (IESS SLY 291.75 FT OF ELY 209.21 FT & S 11 FT 4F W 43 Chapter 14 Article VI Section 14152 Building Permits This case was withdrawn. REPEAT VtOLAT10N HEARINGS There were none. VIOLATION HEARINGS 2. 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 tN OR2061) PCN: 60-42�40-26-01-000-1842 Chapter 14 Artide VI 14-152; Buitding PeRnits Minutes—Special Magistrate 03/23/2017 Page 2 Findings of fact were that tfie Respondents were the owners of the above-�iescribed property. The Respondents were not present at the hearing; however, there was a finding of proper notice. Joe Petrick, Village Code Compliance Offieer, provided testimony and evidence of the violation as contained in the Village's evidentiary case fi(e which was accepted into evidence. Respandent sent a letter to the Vfflage Code Compliance t�fficer via cert�ed mail, dated March 20, 2017 and received March 22, 2017, requesting that tt�e case be continued because Responden# was not availabfe to attend the March 23, 2017 hearing. As such, the parties have agreed to cantinue this matter to the Apri120, 217 agenda. The Special Magistrate ordered that the violation i�earing in this case be reset. The Respondertts must take notice and appear at a �/'iola�ion Hearing on April 20, 2017 at 10:00 a.m. at Vflage Hati, Caunci{ Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. 3. Case Number: 2017-0Ot?06 Lee Ann Lehman 1 Garden Street#204 Tequesta, FL 33469 PCN: 60-42-40-25-21-012-2040 Legai Description: TEQUESTA GARDEN COND NO 5 UNIT 204 BLDG L Chapter '14 Artide VI 14-152; Building Permits This case was withdrawn. 4. Case Number 2017-0�012 Grant Rinehimer 229 Fairway West Tequesta, Florida 33469 Legal Descri�tion: TEQUESTA LT Zfi0 PC N: 60-42-40-26-01-000-2600 Chapter 46 Article IH 46-74 Parking of Certain Commercial Vehicles And Recreational Vehicles in the R1 A District Chapter 78 Article X 78-693; Paving of parking spaces; obstructions �n Parking Areas 1PMC 303.6 Exterior Wa11s IPMC 303.7 Roofs and Drainage fPMC 605.1 Etectrical Equipment lnstattation Findings of Fad were that the Responden#was not present a#the hearing. There was a finding of proper notioe. Code Cartp{iance Offioer Joe Petrictc provided testimony and evidence of the violations, as contair�ed in the �Ctage's evidentiary case file which was acc:epted into e�idence. As of the hearing on March 23, 2017, and based on testimony Minutes—Speciai Magistrate 03/23/2017 Page 3 presented by the Code Compl�ance Officer, the property was m compliance with Chapter 46, Articte lit, Section 46-74, Chapter 78, Article X, Section 78-693, and tPMC Section 303.7 (Roofs and Drainage), but did not achieved compliance by the date in the Notice af Violation. The property was not in compliance with fPMC Sections 303.6 (Exterior Walls) and 605.1 (Electrical Equipment Instal[ation), adopted through Section 14-121 of the Code of Ordinances of the Vit{age ofi Tequesta. Conctusfons o# Law were that the above-stated �acts constituted a violation of Chapter 46, Articfe 1t1, Se�ion 46-74 and Chapter 78, Article X, Section 78-693 of the Code of Ordinances of the�ilage of Tequesta and IPMC Sections 303.6 (Exterior Watfs), 303.7 (Roofis and Drainage), and fi05.1 �Etectrical Equipment lnstaltation), adopted through Section 14-121 of the Code of 0►rdinances of the Vittage of Tequesta. The Speciai Magistrate ordered the Respondent to maintain comptiance with Ghapter 46, Articte tll, Section46-74 and Chapter 78, Article X, Section 78-693 of the Code of Ordinances of the �ftage of Tequesta, and fPMC �ction 303.7 (Roofs and Drainage), adopted tttrough Section 14-121 of the Code of C�rdinances of the Viilage af Tequesta. Respandent was further ardered to campty with IPMC Sections 303.6 (Exterior Walls) ar�d 605.1 (Etectrical Equipment Instatlation}, adopted through Section 14121 of the Code of Qrdinances of the �Ilage of Tequesta, by April 19, 201T. !f the Respondent faited to achieve campliance by Rpril 19, 2017, a daily fine of One Hundr�ed Fifty t?o/lars(�150.00)may be impased far each day the violation continued to exist. Assessment of the Village's administrative casts in the amvunt of $197.12 incurred at the blarch 23, 2017 hearing were ordered. The Respondent was given notice to appear at a Fine Assessment Hearing, which was to be held on April Z0, 20tT at 10:1J0 a.m. at Vitlage Halt, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Campiiance Offrcer cert�ed that the Responderrt had timefy brought the property into compiiance. Shoutd the Respor�dent violate the same Section of the Code again, they could be subject to a fine of up to Five Hundred Dollars ($500AU) per day €or such repeat violation. Additionalty, the Code Comptiance Officer was nat required to gNe a reasonable tirne to carrect the repeat violatian and the case could be presented to the Speciat Magistrate even if the repeat v"rotation had been corrected prior to fhe Special Magistrate hearing Minutes—Special Magistrate 03/23/2017 Page 4 5. Case Number: 2016-00122 Andrea and Martin Joshua 31 Shay Place Tequesta FL 33469 PCN: 60-42-40-25-00-000-5130 9 Bayview Court Tequesta, FL 33469 Legal Description: 25-40-42,S 130 FT OF N 260FT OF W 79.37 FT OF NE '/4 OF SE '/4 (LESS SELY 30 FT CURVE AREA RtW SHAY PL) IPMC 302.7 Accessory Structures This case was withdrawn. 6. Case Number: 2017-00015 Jessica Wiiloughby 98 Gofiview Drive Tequesta, Florida 33469 Legal Description: TEQUESTA LT 321 PCN: 60-42�0-26-01-000-3210 Chapter 46, Article 111, Section 46-74 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 Compiiance Officer, Joe Petrick, provided testimony and evidence of the violation, as contained in the Village's evidentiary case fite which was accepted into evidence. As of the hearing on March 23, 2017 and based on testimony presented by the Code Comptiance 4fficer, the property was in compfiance with Chapter 46, Artrcle 111, Section 46-74 0# the �Ilage's Cafe of Ordinances but did not achieve campliance by the date in the Notice of Viofation. Conctusrons of Law were that the above-stated facts constituted a v'rolation of Chapter 46, Article 111, Section 46-74 of the Code of Ordinances of the Vi!lage of Tequesta. The Special Magistrate ordered the Respondent to hereby maintain compliance with Chapter 46, Article llt, Section 46-74 of the Code of 4rdinances of the Vflage of Tequesta. There were no administra�ve casts ta assess. Shoutd the Respondent viQlate the same Section of the Code again, they may be subject to a frne of up to Five Hundred Dollars ($500.00) per day for such repeat viotation. Additionatly, the Code Compliance Officer was not required to give a reasonable �me to correct #he repeat violation and the case may be presented to the Minutes—Special Magistrate 03/23/2017 Page 5 Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 7. Case Number: 2017-00013 K3 Holdings LLC Patrick Koenig, Jr. 510 Dover Road Tequesta, FL 33469 PCN: 60-42-40-25-06-016-0040 Legal Description: JUPITER tN THE PINES SEC B LT 4 BLK 16 Ghapter 14 Articte VI 14-152; Building Permits This case was withdrawn. FORCL43URE AUTHORIZATlONS There were none FINE REDUCTION HEARINGS There were none. APPRQVAL OF MINUTES Special Magistrate Wagner approved the minutes of the January 26, 2017 hearing. ADJOURNMENT There being no further cases, the meeting was adjoumed. Respectfully suhmitted, � �. �1� � Lori McWilliams, MMC ViHage Cterk ATTEST: ,' � �.(- [3�- � . Code Enforcement �cer APPROVED: �- a� � ��7 Sp ral Ma ' Date Approved Minutes—Special Magistrate 03i23/2017 Page 6