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HomeMy WebLinkAboutMinutes_Special Meeting_04/20/2017 , � MINUTES VILLAGE OF TEQUESTA SPECIAL MAGISTRATE � April 20, 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 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/ STATUS HEARINGS 1. Case Number: 2017-00012 Grant Rinehimer 229 Fairway West Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2600 Legal Description: TEQUESTA LT 260 Chapter 46 Article III 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 in Parking areas IPMC 303.6 Exterior walls IPMC 303.7 Roofs �ind drainage IPMC 605.1 Electrical equipment installation This case was withdrawn. REPEAT VIOLATION HEARINGS 2. Case Number: 2017-00054 Tamwest Realty Jupiter Tequesta Air Conditioning 582 US 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 a J Minutes—Speciai Magistrate 04120/2017 Page 2 Findings of fact were that fihe Respondent was not present a# the hearing but was represented by GUADELUPE BARRERA and MATT KUNTZ af Jupiter Tequesta Air Candition, at the hearing. There was also a finding of proper notice. Code Compliance C?fficer Joe Petrick prouided testimony and evidence of the repeat vio#ation, as contained in the Vil[age's evidentiary case file which was accepted into evidence. Based upon evidence and testimany presented, the Special Ma�istrate finds that the property was in violation of Section 14-152 of the Code of Ur�iinances af the Village of Tequesta from April 1, 2447 thrc�ugh April 2{}, 2t�'�7, a period of t�venty {20} days, and that the vic�lation continues to e�st. This is a repeat vioiation of the same V'rilage Code section(s} from an "Order Finding Vialation" dated February 2, 2017. Conclusiorts af Law were 6as�f an the abave-stated facts, Respondent is in repeat vialation of Chapter 14, Articte VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta, The Specia) Magistrate ordered a Fine of Ten Thousand [}oilars ($10,000.00} to be assessed, �t Five Hundred Dollars ($500.C10) per day, for the repeat viotation which existed on the property be�inning April 1, 2017 through Aprit 20, 201?, a period of finrent�t (20� days, and the fne amo�rrt shall con#inue#cr accnse at Five Hundred Q411a�s {$5�t}.00} �r day untif compiiance is achieved. Respondent was further assessed the �tlage"s administrative cost� in the amount of $200.J4. 3. Case Number: 201?-00051 An#hony Thomas 582 N. Daver Road Florida 33469 �egal Description: JUPITEFt IN THE P1NES SEC B �4T 28 JLESS W 3.89 FT!&W 1/2 OF LOT 29 B�K 16 P�N: fif�-42�0-25-0�-U1�-0281 Findings of Fa�t were that the I�espondent was present at the hearing; there was also a finding of proper notiae. Code Compliance Officer Joe Petrick provided testimony and evidence of the repeat vrolation, as contained in the Village's evidentiary case file which was accepted inta evidence. Based upon evidence and testimony prese�►ted, the Speciaf Magistrate #ound tha# the property was in violation of Section 14-152 of th� Code of Ordinances of the Village of Tequesta fram March 31, 2017 through April 20, 2017, a period of twenty-or�e (21� days, and #hat the violation continued to exist. This was a repeat vioiatian of the same Viliage Cc►de sectian(s) from an "Order Finding Violation"dated Apri111, 2016. Conclusinns of Law were based on the above-stated facts, Respondent was in repea# violation of Section 3Q2.8 of the Intematianal Properly Maintenance Code, incorporated in Appendix B of the Cade of Ordinanoes, Village of Tequesta, Florida. � Minutes—Special Magistrate 04I20/2017 Pag�: 3 The Special Mag�strafie ordered a Fne of Two Hundred Ten Dallars {$21 Q.00}which was hereby assessed, at Ten Dollars ($10.OQ) per day, for the repeat vioiation which existed on the properly beginning March 31, 2017 through April 20, 2017, a period of twenty- one (21} days, and tt�e fne amount shall cantinue to accrue at Ten Dollars ($1Q.04) per day until compliance was achieved. Respondent was further assessed the Village's administrative cos#s in the amount of �188.48. VIOLATION HEARINGS 4. Gase Number: 201'7-04040 Nicola Palladir�o & Benjamin S#ree# 81 Fairview East Tequesta, FL 33469 PCN: 6Q-42-26-01-000-5320 Legal Descriptian: TEQUESTA LT 532 Chapter 78 Article IX Section 78-399; Maintenance This case was dismissed. �. Ca�e Number: 2Q16-0O�}95 Faith Cash and Jeffery Nairn 228 Golf C1ub Circle Tequesta, FL 334�9 PCN: 64-42-40-2fi-01-000-1842 �egal Description: TEQUESTA W 3 FT�F �T 18�, �TS 185 & 186 {LE55 TH PT A5 {N 4R2t)61} Chapter 14 Article VI Sec#ian 14-152; Building Permits Findings of Fact were that the Responden#s were represented at the hearin� by FAITH CASH; there was alsa a finding of proper notice. Gode Compliance Officer Joe Petrick provided testimony and evidence of the vio{afron, as contained in the Vilfage's evidentiary case file which was accepted into evidence. As of the hearing on April2t}, 2C117, based on testimany presented by #he Village Code Compl`rance 4ff'rcer, the property was not in compliance with Chapter 14, Article VI, Section 14-152 of the Code of Qrdinances of#he Village of Tequesta, by the date required in the Notice of Vialation. GonctusiQn� of Law w�r� #h�# th� abov�-�ta��l f�ct$ �onstituted a viola#ion af Chapter 14, Articte VI, Section 't4-152 of the Cc�de af t�rciinances of the Vil�age of Tequesta. . � Minutes—Special Magistrate 041201201 T Page� The Speciai Magistrate ordered the Respondents ta comply with Chapter 14, Article VI, Section 14-152 of the Code of 4rdinances of the Village of Tequesta by June 9, 2017. fi. Case Number: 2017-tlt109? CVS Pharmacy 260 S. US HIGHWAY 1 Tequesta, FL 33469 PCN: Fp-43-40-3Q-52-OQO-4424 �egal Descriptiar�: 2003 TEQUESTA ASSOC L�C �T 2 Chapter 34 Article 11 Sectian 3�-33; P1'Ohibl�+�CI C4Cit�t�14C1S Chapter 78 Articie IX Section 78-399 Maintenance {Landscaping) . Chapter 78 Article X Sectian 78-701 Marking, li�hting and calming of parking areas. Chapter?8 Article X Seation 78-700 Drainage and maintenance of off-street parkin� areas. Chapter 78 Articte XI Section 7&737 Maintenance{Sigr�s). Chapter 78 Art�cle IX Sec#ion 78-3�8. - 4rrigation. Findings of Fact were that the Respondent was represented at the hearing by AL PEREZ, Senior Advisor Retail Facility for CVS; there was also a finding of proper notice. Code Compliance Officer Jae Petrick provided tes#imony and evidence of the violatior�, as contained in #he Village's eviden#iary case frle which was accepted inta evidence. As of the hear�ng on Apr�l 20, 2017, and based on testimony presented by the Village Code Campliance Officer, th� properly was not in compliance with Chapter 30, Articfe tl, Section 3p-33 and Chapter?8, Article iX, Sections 78-399, 78- 701, 78-700, ?&737, and 7&398 of the Code of Ordinances of the Vittage of Tequesta by the date required in the Notice of Violation. Conclusions of Law v�ere that the above-stated facts cens#ituted a violatiQn of Ghapter 34, Article 11, �ec�ian 30-33 antf Chapter 78, Ar�cle IX, Sections 78-399, 78-701, 78-71J(?, 78-737, and 78-�98 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent ta comply with Ch�pter 30, Article ll, Section 30-33 and Chapter 78, Articfe IX, Sections 78-399, 78-741, ?8-700, 78-737 and 78-398 of the Code of Ordinances o#the Viflage of Tequesta by June 9, 2017. ff #he Respondent fiailed to achieve compEiance by June 9, 2�17, a daily fine of t?ae Nundred t?ollars {�1�0.Ot�) may be imposed for each day the viola#ian cxlntinued #o �xi�t. Assessment crf the Village's administrative costs in the amount of$218.96 incurred for the April 2U, 2017 hearing was hereby ordered. Minutes—Special Magistrate t34/20i2U17 Pag� 5 The Respcandent mus# appear at a Fine Asse�sment Hearing, which was ta be h�ld an June 1�5, 2017 �rt 10:OU �.m. at Vi(lage N�11, Council Channbers, 345 Tequesta C}riv�, �equ�sta, Flar'�d� 334fi9, u�less tt�� Cc�de C��pliance Ufficer certified that the Respar�dent ha�l timely�rou�ht#he prope�-ty intca campliance. Should the Respondent vialate the s�ame Section of th� Cod� again, they may be subj�� �o a fr�� of u� �t� �ive F�ur�dred ��11ars {��QU.4t�} �a�r day �c�r su�� �epeat vicalation. pdditionally, the �de ec�mpiiance afficer �uvas not required to give a r��sonable �ime to �arrect #h� repe2�t violation �nd the �se may be presented to the Spe�ia� (Ulagist��te ever� �f the re�at violati�� ha+d t�een �rr�cted pr�r�t�th��pecial M�gistrate hearing. ?. Case Mumber: 2017"-0C1438 Fs�rr��t M�mi�J $� Ni�k�is Jahn T �12 River C7rive Tet�uesta, �L 33489 P��: �p-�42-4�-2�Q1-�3�3�-4G12f� Legal Description: TEQUESTA LT 402 Chapter 4�i Article INM Section�46-74; Parking of certain Commercia!vehicles and r��r��tion�l v�hict�� in t[�e F2-'tA d��#�ict. This case was dismissed. 8. Ga�� �I�mb�r. ��17-{}�3� Tequesta Investors L.�.P Nag S�appers 2?9 US High�wa}r � Te�q�uesta, Fl�arida 3;34�9 Legal Description: WATERWAY VlLLAt�� LOT A P�N:��-43-40-��}-��-Q�Q-��Q1 Vc�iation of Chapter "i4, Articl�VI Secticans 14-3, 14-152, 4-154, 14-153 and Chap#er 70, Arti�le �t, Sec:tiort 7t�-44 gf the Cc�de of Qcdinances�f the 1lltag� c�f Tequesta. Findings of f�ct were fihat the Respondent was the owner of the above-described property. Tt�e Re��c�nden� �ras repr�s�n#ed �� the h��ring �y t��Bi�SKA M�R1NtJ, P���ertY Manager; there was �Iso a finding of proper na►tice. Severai representatives fior t�ne ten�r�t were �Iso pr�nt at th�; hearin�, including Mark C�►mpbeil, Jason Mi�kulla, ar�d Vir�ce Gt�est�r. Gc�de CQm��iance 4ffic�r Jc�e Petrick pravided testirnany artd evidence c�� #he vi��ation, as contained in the �ill��e's �videntiary case f�le which v�r�� acce�ted inta �videncr�. Based upon th� eviden�+e, pictures and testimor�y presented at the hearing on April 20, 2t117, the 5pecial Magistrate found that the prc�pert�r r�mained ir� Minutes—Special Magistrate 04/20/2017 Page 6 violation of Chapter 14, Article V{ Sections 14-3, 14-152, 4-154, 14-153 and Chapter 70, Article I1, Section 70-44 of the Code of Ordinances of the Village of Tequesta. Conclusions of law were that the The above-stated facts constitute a vialation of Chapter 14, Article VI Sections 14-3, 14- 152, 4154, 14-153 n 70-44 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to comply with Chapter 14, Article VI Sections 14-3, 14-152, 4-154, 14-153 and Chapter 70, Rrticle 11, Section 70-44 of the Code of Ordinances of the Village of Tequesta. A Status Hearing was set for June 15, 2017. Assessment of administrative costs incurred by the Village at all prior hearings was RESERVED. The Respondent must appear at the Status Hearing which was to be held on June 15, 2017 at 10:00 a.m. at Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 uniess the Code Compl�ance Officer certified that the Respondent had timely brought the property into compliance. 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.Q0) per day for such repeat violation. Additionaliy, the Code Inspector was not required to give a reasonabte time to correct the repeat violation and fhe case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. FORCLOSURE AUTHORIZATIONS There were none FINE REDUCTtON HEARINGS There were none. APPROVAL OF MINUTES Special Magistrate Wagner approved the minutes of the March 23, 2017 hearing. ADJOURNMENT There being no further cases, the meeting was adjoumed. Respectfully submitted, Lori McWilliams, MMC Village Clerk Minutes—Special Magistrate 04/20/2017 Page 7 ATTEST: C� S�- l �� l`� Code Enforcement Officer APPROVED: � ,1 �,." , - ? --__ �� � 1 ��� z,� �^ If I Special:�Vlagistrate Date Approved �� �./j .