HomeMy WebLinkAboutMinutes_Special Master_06/15/2017 � r
SPECiAL MAGISTRATE ;_E� June 15, 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,
Gode Enforcement Officer Joe Petrick and Village Attorney Amity Barnard.
The following cases were heard by the Special Magistrate.
FINE ASSESSMENT/ STATUS HEARINGS
There were none.
REPEAT VIOLATION HEARINGS
There were none.
VIOLATION HEARINGS
1. Case Number 2017-OOQ51
Anthony Thomas
582 N. Dover Road
Tequesta, Florida 33469
Legal Description: TEQUESTA JUPITER IN THE PINES SEC B L4T 28
/LESS W 3.89 FT/& W 1/2 OF LOT 29 BLK 16
PCN: 6Q-42-40-25-06-016-02$1
Violation of Chapter 30, Article II, Sections 30-33; Chapter 78, Article IX,
Sections 78-306 and 78 398, Chapfier 78, Article X, Section 78-693 of the
Code of Ordinances of the Village of Tequesta and IPMC Section 303.6
(Exterior Walls), adopted through Section 14-121 of the Code
of Ordinances of the Village of Tequesta.
Findings of Fact were that the Respondent was the owner of the above-described
property and was present at the hearing; there was also a finding of proper notice. Code
Compliance Officer Joe Pefirick provided testimony and evidence of the violations, as
contained in the Village's evidentiary case file, which was accepted into evidence.
The Special Magisfirate ordered the that the Fine Assessment Hearing in this case be
reset. The Respondent was ordered fio appear at a Status/Fine Assessment Hearing on
A�gust 17, 2017 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469.
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Minutes—Special Magistrate 06�15/201?
Page 2
2. Case Number 2017-00417
CVS Pharmacy
260 South U.S. Highway One
Tequesta, FL 33469
Legal Descripfiion:2003 TEQUESTA ASSQG LLC LT 2
PC N:fiQ-43-40-30-52-000-Ot120
Violation of Chapter 30, Article ll, Se�tion 30-33, Chapter ?8, Article IX,
Sections 78-306 and 78-398, and Ghapter 78, Article X, Section 78-693 of
th� Code of Ordinances of �he Village of Tequesta and IPMC Sectian
3C13.6 (E�cterior Walls}, adopted through 5eetion '14-121 of the Code of
4rdina�ces o#the Village of Tequesta.
Findings af Fact were that the Respandent was not present at the hearing. There was a
fnding ofi proper notic.�. .loe Pe#rick, Village Code Compliance Officer, provided
testimany and evidence of the violations, as cr�n�ained in #he Village's evidentiary case
�le, which was accepted in#o evidence. In the "Order Finding Vialafron," from the April
25, 2C117 viofation hearirtg, the Speciat Magistrate ordered the Respondent fio camply
wi�h Chapter 30, Ar�icle tl, Sectian 30-33T Chapter 78, Rrticle IX, Sections 78-398 and
T8-399; Chapter 78, Article X, 5ections 78- ?01 and 78-700; Chapter 78, Article XI,
Section 78-737 af the Code o#Ordinances of#he Village a#Tequesta by June 9, 2017.
Conc(usions af Law were that fihe above-stated facts a(lowed a fine ta be assessed
against the praperly based up4n t�e violatio�ts o� Chap#er 34, Article I1, Sectian 30-33;
Chapter 78, Article IX, Sections 78-398 and 78-399; Chapter 78, Article X, Sections 78-
701 and 78-700; Chap#er 78, Ar�icle XI, Secfiion 78-73? of the Code of C}rdinances afi
the Vllage of Tequesta.
The Special Magistra#e ardered a fne in the amount of Six Hundred Dollars ($60Q.00}
be assessed at a rate of Or�e Hundred Doltars ($10(I.00) per day for the violations
exis#ing art the �roper[y from June '10, 2017 through June 15, 2017, a period of six (6)
days; and the fine amount wauld continue to accrue at One Hundred Doflars ($100.00)
per day until compliance was achieved. The Responcient was alsn assessed $'191.9fi
for administrative costs incurred by the Village for the June 15, 2017 hearing.
Administrative costs assessed per prior order for tF�e April 20, 2017 hearing in the
arnount of$218.96 were alsa reaffirmed.
Should #he Respondent violate the same Section of the Code again, they could be
subject to a fne af up to Five Hundred Dollars ($5qa.OQ} per day for such repeat
violation. Additionally, the Code lnspector was nat required to give a reasonabfe#ime to
correct the repeat violafiion and the case could be presented to fihe Speciat Magis�rate
even if the repeat viofation haci been corrected prior to the Specia4 Magistrate hea�ing.
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Minutes—Specia( Magistrate 06/15f2017
Page 3
3. Gase Number 2017-00095
Faifih Cash and Jeffrey Nairn
228 Go[fi Gtub Circle
Tequesta, Florida 33469
�ega[ Description: TEQUESTA W 3 FT C}F LT 184, �.TS 'f 85& LTS '18fi
(LESS TH PT AS IN C)R2061 P203)
PC N: 60-42-40-Zfi-01-OOQ-1842
Findings of Fac#were tha# the Respondents were not present at the hear�r�g. There was
a finding af proper notice. Joe Petrick, t!i(lage Cade Compliance f�ffrcer, provided
testimony and evidence of fhe violations, as contained in the Village's evidentiary case
fle, which was accepted into evicience. Iri the "C}rder Finding Violatian� from the Aprii
25, 2017 violation hearing, The Special Magistrate ordered the Respondents to comply
with Ghap#er 14, Ar#icle V1, Section 14-152 of the Code of t�rdinances of the Vitlage of
Tequesta by June 9t 2Q17.
Conclusions of Law were that the above-stated facts allowed a fne fo be assessed
agairrst the property based upon the violations c►f Chapter 14, Article VI, Section 14-152
af the Code af Ordinances of the Village of Tequesta.
The Special Magistrate Qcdeced �hafi a fine be assessed in the amount af Twent}r-Five
Dollars ($25A0) per day for the vio(afion existi�g on the properly from June 1Q, 2(J17
and continuing until compiiance was achieved. Adminis#rative costs assessed per prior
order for the April 20, 2017 hearinc� in the amount of$188.96 were also reaffirmed.
Should the Respondent viola#e the same Section of the Code again, they may be
subject to a fine of up to Five Hundred DolMars ($500.00} per day for such repeat
violaf"ron. Addi#ionally, the Code lnspector was not required t4 give a reasanable�ime to
correct the repeat violation and the case could be presented to the Special Magisfirate
even if the repeat violation had been corrected priQr to the Special Magistrate hearing.
4. Case Number 2017-00030
Tequesta lnvestors LLP
279 lJS Higi�way Qne
Tequesta, FL 33469
Legal Description: WATERWAY VILLAGE LOT A
PC N: 60-43-40-30-05-000-09Q�
Violat�on af Chapter �4, Articte VI, Sections 14-3, 14-952, 4-154, 14-153
and Chapter 70,Articie 11, Section 7t}-44 af fhe CQde of Qrdinances of the
Village of Tequesta.
Findings of Fac# were that #he Respondent was the owner of the above-descri�ed
property. The Respondent was represented at the hearing by Nebraska Morino,
Property Manager, there was also a finding of proper nofice. Several representatives for
Minutes—Special Magistrate 06/15/2Q17
Page 4
the tenant were alsa present at the hearing, inctuding Mark Gampbell and Jason
Miakulla. Gc�de Compliance afficer Jae Petrick provided testimony and evidence of
the violations, as contained in the Village's evidentiary case file, which was accepted
into e�idence.
The Special Magistrate ordered that fihe Fine Assessrnent Hearing in this case be
reset, The Respondent was given notice #o appear a# a Status/Fine Assessment
Hearing on Augus� 17, 20�!7 at 'i Q:Q{} am. at �Ilage Ha11, Gouncil Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
REPEAT Vtt3�AT10N HEARINGS
There were none.
VIQL.ATIflN NEARINGS
5. Case Number: 2017-OOQ76
Donna and Michael N1cCarfihy
16 Yacht Club P[ace
Tequesta, FL 33469
Legat Description: TEQUESTA REPL OF PT �T fiO4 PGN: 60-42-4a-2C-
02-OOQ-�Q4Q
Violatian of Chapter 78, Article Xt, Sectian 78-747 of the Code of
Ordinances of the Village of Tequesta
Findings of Fact were that the Respondents were presenfi at fhe hearing; there was also
a fnding of proper notice. Gode Compliance Offtcer Joe Petrick provided testimony and
evidence af the violation, as contained in the ViIlage's evidentiary case fite which was
accepted into evidence. As of ti�e hearing on June 'I5, 201�, and based on testimony
presented by fihe Village Code Compliance Officer, the praperty was not in compliance
with Chapter 78, Article XI, Section 78-7'47 of#he Code of Ordinances of the Village of
Tequesta by the date required in the Notice Qf�olatian.
Concfusions of Law were that the above-stated facts constituted a violation af Chapfier
78, Article XI, Section 7'8-747 of the Code of Ordinances of the Vi[lage of Teqcresta.
The Special Magistrate ordered the Respandents to comply with Chapter 78, Article XI,
Section 78-747 of the Code of Ordinances of the Village of Tequesta by August 11,
201'7. If Respondenfis failed to achieve compliar�ce by August 31, 2017, a daily fine of
Twen#y-Five Doftars �$25.00} could be imposed for each day the violatian continued
to exist.
Assessment of�he Vitlage's administrative cos#s in the amount of$203.46 mcurred from
the June 15, 2017 hearing was ordered.
M�nutes—Special Magis�rate Q6/1512t317
Page 5
The Respondent was given natice fiQ appear at a Fine Assessment Hearing, which was
to be held on August 17, 2C117 afi 10:QQ a.m. at Village Hall, Councii Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Compliance Officer certified
thafi the Respondent has timeEy braught the praper#y into cornptiance.
Sha�uld the Respandent violate the same Sectian af #he Cacie again, they would be
subject to a fine of up to Five Hundred Dollars ($500.Q0� per day for such repeat
vialation. Aciditionally, the cade compliance officer was not required ta give a
reasonable time to correct the repeat violation and the case could be presenfied ta the
Special Magistrate even if #he repeat vialation had been correcfied prior to the Special
Magistrate hearing.
6. Case Number : 2017-0OQ77
Dor�na and'Michael McCarEhy
16 Yacht Club Place
Tequesta., FL 33469
Legal Descript�on: TEQUESTA REPL OF PT LT 644 PCN: 6{}-42-40-26-
02-000-6p40
Violation o€ Chapter 30, Article X, Sec#ion 3Q-3fi1 af the Code of
Ordinances of the Village of Tequesta.
Findings of Fact were that the Respondenfis were presen�at the hearing; there was also
a f nding of proper notice. 2. Cade Comgt�ance Officec Joe Petr�ck and Corpocal Emir
Yi(diz of the Tequesta Po(ice Department provided tes#rmony and evidence of the
violation, as contained in the Village's evidentiary case file which was accepted into
evidence. Addi�ionally, neighbc�rs James Ryan and Kimberly Ryan offered testimony
concerning the violation. As of the hearing an June 15, 2017, based on testimony
presented by the �Ilage Code Compliance 4fficer, Corpora[ Yildiz and neighbors, the
proper[y was not in compliance with Cf�ap#er 3Q, Article 61 of the Code of Ordinances of
the Viltage of Tequesta by the date required in the Natice Of Violation.
Conclusions of Law were that The above-stated facts constituted a violafiion of Chapter
30, Article X, Sectian 3Q-361 of the Code of Qrdinances af the Village of Tequesta The
violations were irreparable and irreversible in nature,
The Specia{ Magis#rate o�dered that a fine of Three Hundred Dol[ars ($300.Of�}was
assessed for the twa {2} irreparabte and irreversibfe viafations tt�a� existed on tt►e
propert�. tfi was further ordered that Respondents shouid immediately cease and desis#
from all further violations of Section 30-361. If the Respondents failed to aehieve
compliance, Respondents should be assessed a fine of Two Hundred Fifty Dollars
($250.00) for each addifiional violafion that was observed on the praperty.
Respondent was assessed $198.68 for administrative costs incurred by the 'lfillag� for
the June 15, 2Q17 hearing-
Minutes—Special Magistrate 0611512t}'t7
Page 6
The Respandent was ordered to attend the Fine Assessment Hearing which wouid b�
heid an the 17#h day of August, 2017 a� 10:OQ a.m. at Village Hall, Councii Chambers,
345 Tequesta Drive, Tequesta, Fl4rida 33469, unless the Code Enforcement Officer
certified that the property was rtQ longer in viotation.
7. Case Number: 2017-Q0031
Robert Waskiewicz
�62 Tequesta Drive
Tequesta, FL 3346�
Legal Description: JUPfTER IN THE PINES SEC B LT 4 BLK 21 PCN: 6Q-
42-40-Z�-06-Q21-Q040
Violation of Chapter 78, Article IX, Section 78-402 of the Code of
Ordinanees af the Village of Tequesta.
Findings of Fac# were that the Respondent was represented at the hearing by Ashley
1Naskiewicz, daughter; there was also a finding of proper r�otice. Code Comp(iance
Officer Joe Petrick provided testimony and evidence of the violation, as cantained in the
Vi�lage's evidentiary case file which was accepted into evidence. As of the hearing Qn
June 15, 2017, and based upon tesfimony presented by the �Ilage Code Compliance
4ificer, the property was not in campliance wifih Chapfier 78, Article IX, Section 78-402
of the Gode of Ordinances of the Village of Tequesta by the date required in the Notice
Clf Violation.
Conclusions of Law were that the above-stafed facks constituted a violation of Chapter
78, Article IX, 5ectian �8-442 c�f the Code of Qrdinar�ces af the Village of Tequesta.
The Special Magistrate ordered the Respondent to comply witf� Chapter 78, Article IK,
Section 7$-402 of the Cade af Qrdir�ances of the Village of Tequesta by July 1, 2017. If
Respondent fai(ed to achieve camptiance by July 1, 2(}17, a daily fine of Twenty-Five
Doltars ($25_40} could be imposed for each day the violation continued to exist.
Assessment of the Village's administrative costs in the amaunt of $196.46 incurred fior
the June 15, 2017 hearing is hereby ardered.
The Respondent was ordered to appear at a Fine Assessment Hearing, wFtich was to
be held on August 17, 2017 at 10.00 a.m. at Village Hall, Councrf Chambers, 345
Tequesta Drive, Tequesta, F(orida 33469, uniess the Code Compliance t)fficer +certified
that the Respc�ndent had timely braught the property into compliance.
Should #he Respondent violate the same Section of the Code again, they may be
subject to a fine of up to Five Hundred Doltars ($50Q.0(}} per day for such repeafi
violatian. Additianally, the code compliance officer was not required to give a
reasonable time to correct the repeat violation and the case could be presented to the
Special Magistrate even ifi the repeat violation had been corrected prior to the Special
Magisfrate hearing.
Minutes—Special �tiac�istrate t76I15l2017
Page 7
8. Case Number: 2017-p0050
RJC Capital LLC
46�Tequesta Drive
Teque�ta, FL 33469
�egal Descrip�ic►n: JUPiTER II�THE PINES �EC B LT 5 B[�K 15
PCN: �0-42-4Q-25-�fi-0'f 5-fl050
Vioiation of Chapter 14, A,rticie V�, Section 14-152 of the Code of
C3rdinances of the Village of Tequesta.
Findings of Fact were tha�tl�e Respond�nt was no# present at the heari€�g; tt�ere was a
finding of proper notice. Code Compliance Officer Joe Petrick provided testimony and
evidence af fhe viotatian, as contair�ed in �he Village's evidentiary case file which was
accepted into evider�ce.
As c►f the hearing on June 15, 2017, based on testimony presented by the Village Code
Cornpliance Qfficer, the praperty wa� not in comp��ar��e wi�h �hapter 14, Art�cle VI,
Sec�ion 14-'��2 of �he Code of �rdinances af the Village of Tequesta by the date
required in the Notice Of Violatian.
Conclusions of Law were t�a# t�e above-stated facts consfi�tuted a vialation af Chapter
14, Article Vi, Section 14-152 af the Co+de af Ordinances of fihe Village of Tequesta.
The Special Magisfirate Qrdered the Respt�nd�nt to comp�� wi�h Chapter 14, Art�cle VI,
Sectian 14-'I52 a€ the Code of Ordinances of the Vt�lac�e of Teque�#a �y August 14,
2p17. If the �esparrdent failed fia achieve compliance by August 't 1, 2017, a daily �ne
of Twenty-l=iv� Dflllars ($25.00) wauld be imposed fc�r each day the vic�lation con#inues
to exist.
Assessment af the Villag�'s administrative costs in the amount of$9 92.96 incurred for
the June 15, 2Q17 hearing was hereby orde�ed.
The Fiespondent was ordered to appear at a F'ine Assessment Mearing, which was fi�
be hetd Qn August 't7, 2017 at 10,Qa a.€�r�. at Vill�ge Ha[I, Council Chambers, 345
Tequesta �?rive, Tequesta, Florida 33�69, unless the Code Corn�liance Officer cer#i#ied
that fihe Respondent had timeiy brought the property inta corttp('rance.
Shauld the Respondent vialate t�e same Section of the Cade a�ain, t�rey may be
subject ta a �ne of up �o Fiv� Hundred Dollars (���1{}.Od} per day for such repeat
vialation. Additionally, the cade campliance afficer was not required to give a
reasr�na[��e fime tc� correct the repeat violat�c�n ar�c� the case wauSd be presented to the
�pecia[ Magistra�e even if the repeat vinlation had been corrected prior to the �pecial
Magis#rate hearing.
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Minutes—Special IVlagistrate t16f15f2417
P�ge 8
9. Case Number 2017-DOQ23
Garey Rolland
370 C�dar Avenue
Tequesta, FZ 334�i9
Legat Description: JUPITER IN THE E'1�1E5 SEC B LT 1 BLK 27 PGN: fi4-
42-40-2�-06-02?-0010
Viotation of Chapter 46, Article lll, �ection 46-7fi of the Code of
C}rdinance� of fihe Vi[lage of Tequesta.
Findings crf Fact were that the Respondent wa� not pres�nt at the hearing; fihere was a
f:nding of praper nc►fsce. �ode C4mpliar�ce Officer Jc�e Petrick providee! t�stimony a�cl
evidence �f the violation, as contained in the Village's evidentiary case fle which was
accepted into evidence. As of the hearing on June 15, 20'17, and based upon testimony
pre�ented by the Village Code Compiiance Officer, the �roperty was not in campliance
with Chap#er 4�i, Articl� Ilt, �ectic�n 46-7� af the C4de of (�rdinances �f fihe Vi�lage of
Tequesta b��he ciate required in the �#otice C}f Violation.
Canctusions �f Law w�re that the above-s�ated fac#s cons#i��ted a via[atiart af Chapter
4�i, Article 111, �ection 46-7G c�f the Code of ardinances of the Village of Tequesta.
The Special Magistrate (?rdered the Respondent to comply with Chapter 46, Article 11l,
Section 4fi-76 c�f the Code af 4rdinances of th�Vi[Eage af Tequesta by June 17, 2417. If
the Respondent failed to achi�v� complianc� by June 9�, 2�17, a dai[y �ne flf Fifty
Qollars ($5Ct.00)wauld be imposed for each day the violafion continued to exist.
Assessrr�ent of the Village's administrative costs in the amo�nt c�f $188.9� incurred for
fhe June 15, 2017 hearing, were +�rdered.
The Respondent was ordered to app�ar �� a Fine Assessment Near�ng, wh#cF� was to
be held ort August �?, �017 at '�(3:0(} a.m. at Viltage Nalt, Caunci[ Charnbers, 345
Tequesta Drive, Tequesta, Flor"rda 334�9, unless the Code Compliance Officer certified
that the Respc►ndenf had tir�nely brought the prQperty inta compliance.
Should the Ftespondent vialate the same Secfiion of the Code again, they could be
sub�ect to a fine of up to Fiv+� Hundr�d Dollars {$50Q.[10} per �'ay for such repeat
violat�on. Addifiiana[ly, t�e cade compliance ofFicer was not required tc� give a
reasonable �ime �o cc�rrect t�e repeat violation and the case could be presented to t�e
Speciat Magistrate even if the repeat violation had been corrected prior ta fihe Special
Magis#rate hearing.
Minutes—Special Magistrate 06/15/ZQ17
Page 9
10.Case Number 2417-OQ479
Alfred and Averii Ipri
350 Beach Road #5Q1
Tequesta, F[orrda 33469
Legal Description: ISLAND H(JUSE �IORTH EAST CONDQMW[UM
APTS UNIT 5Q1 & GAR & CABANA NO 'i7
PGN: 60-43-40-30-12-400-019
Violation of Chapter 14, Article VI, Sections 14-152, 14-154 and 14-153 af
the Code af Ordinances of the Vi[(age of Tequesta.
Findings of Fact were that#he Respandents were present at the hearing; there was also
a finding of proper notice. Code Compliance Officer Jae Petrick provided testimony and
evidence of the viotation, as cantained in the Village's evidentiary case file which was
accepted into evidence. As of the hearing on June 15, 2417, and based upon tes#imony
presented 6y the VilCage Code Compliance Officer, the property was not in compfiance
with �hapter 14, Article VI, Sections 14-152, 14-154 and 14-153 of the Code of
Ordinances af the Village of Tequesta by the date required in the Notiee O#�ola#ion.
Canclusions of Law were that the above-stated facts constituted a violation of Chapter
'i4, Article Vi, Sections 14-152, 14- 154 and 14- 53 of the Code of Ordrnances of the
Village of Tequesta.
The Speciat Magis�rate ardered the Responden�s to compty with Chapter '14, Art�cle vl,
Sections 14-152, 14-'[54 and 14-153 of fE�e Code of Ordinances af the Vi�tage of
Tequesta b�r August 't1, 2037. If the Respondents fa'tled to achieve compl'tar�ce by
August 11, 2017, a daily fine of Twenty-Five Dollars ($25.00) would be imposed for
each day the violation continued to exist_
Assessment c�f the Vi(lage's administrative costs in the amount of $193.96 incurred far
the June 15, 20'l7 hearing was ordered.
The Respondent was ordered to appear at a Fine Assessment Hearing, which was to
be held on August 17, 2017 at 10:Ot7 a,m. at ViNage Hall, Gounci! Chambers, 345
Tequesta Drive, Tequesta, Ftorida 33469, unless the Code Compliance Officer certified
#hat the Respandent had t�mely broughfi fhe property into compliance.
Shouict the Respondent violate the same Sectian of fhe Code again, they would be
subject to a fine of up to Five Hundred Dallars {$50Q.00} per tiay for such repeat
vialation. Additianally, the code compliance officer was not required �o give a
reasonable time to correct the repeat violation and the case would be presented to the
Specia( Magistrate even if the repeat violation had been correcfied prior ta the Special
Magistra�e hearing,
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Minutes— Special Magistrate 06/15i2017
Page 10
FORCLOSURE AUTHORIZATIONS
There were none.
FINE REDUCTION HEARINGS
There were none.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
RespectFulty submitted,
`,1 ult,f 7 � °�(.�.Lt�t�c...
Lori McWilliams, MMC
Village Clerk
ATTEST:
; =
Code Enforce t Officer
APPROVEQ,:-! ;
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Speci agis rate Date Approved
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