HomeMy WebLinkAboutMinutes_Special Master_08/17/2017 SPECIAL MAGISTRATE � August 17, 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 Attomey Amity Barnard.
The following cases were heard by the Special Magistrate.
REPEAT VIOLATION HEARINGS
1. Case Number E170008
Tam West Realty
772 N. US Highway One
Tequesta, FL 33469
P C N: 60-43-40-30-000-0080
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
Chapter 14 Article VI Section 14-152; Building Permits
This case was withdrawn.
Special Magistrate Kevin Wagner swore in several people involved in Quasi Judicial
cases.
FINE ASSESSMENT/STATUS HEARINGS
2. Case Number: 2017-00051
Anthony Thomas
582 N. Dover Road
Tequesta, Florida 33469
Legal Description: JUPITER IN THE PINES SEC B LOT 28 /LESS W 3.89
FT/ & W 1/2 OF LOT 29 BLK 16
P C N: 60-42-40-25-06-016-0281
Violation of Chapter 30, Article II, Section 30-33; Chapter 78, Article IX,
Sections 78-306 and 78-398; Chapter 78, Article X, Section 78-693 and
IPMC Section 303.6 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. The Respondent was not present at the hearing; however, there was a finding
Minutes—Speaat Magistrate Q8/17/2017
Page 2
of proper notice. Based upon the evidence, pictures and testimony presented at the
hearing on August 17, 2017, the Speciai Magistrate found that the property remained in
violation of Sections 30-33, 78-306, 78-398, 78-693 and 303.6.
Conclusions of Law were that the above-stated facts constituted a carrtinuing violation
of Sections 30-33, 78-306, 78-398, 78-693 and 303.6 of the Code of Ordinances of the
Village of Tequesta.
The Special Magistrate ordered that this matter be continued. The Respondent was
ordered to comply with Sections 30-33, 7&306, 7&398, 78-693 and 303.6 0#'the Code
of Ordinances of the �Ilage ofi Tequesta on or before September 17, 2017. If the
Respondent�ailed to achieve compfiance on or before September 17, 2017, a daily fine
of Twenty-Five Dollacs ($25.U0) per day could be imposed for each day the violation
continued to exist.
The Respondent was ordered to appear at the Fine Assessment Hearing, which was to
be held on the 21st day of Sep#ember, 2017 at 10:00 a.m. at Village Hall Counci!
Chambers, 345 Tequesta Drive, Teques#a, Florida 33469 untess the Code Enforcement
Offtc�r certified that the Respondent had timely brought the property into compfiance.
3. Case Number 2017-00030
Tequesta Investors, LLP
279 U,S. Highway 1
Tequesta, Flarida 33469
Legal Description: WATERWAY VtLLAGE LOT A
PCN: 60-43-40-30-05-000-0901
Violation of Chapter 14, Articte VI, Sections 14-152, 14-153, and 14-154
and Chapter 70, Articte 11, Section 70-44 of the Gode of Ordinances of the
Village of Tequesta
Findings of Fact were that the Responderrt was the owner of the above-described
property. The Respondent was represented at the hearing by Mark Campbell, Tenant;
there was also a finding of proper notice. Based upon the evidence, pictures and
testimony presented at the hearing on August 17, 2017, the Special Magistrate found
that the property remained in violation of Sections 14-152, 14-153, 14-154 and 70-44.
Conclusions of Law were that the above-stated facts constituted a corrtinuing violation
of Sections 14-152, 14153, 14-154 and 70-44 of the Code of Ordinances of the Village
of Tequesta.
The Special Magistrate ordered the matter be reset.
The Respondent was given notice to appear at the Status/Fine Assessment Hearing,
which was to be held on the 21st day of September 2017 at 10:00 a.m. at �I{age Hall
Council Chambers, 345 Tequesta Drive, Tequesfa, Florida 33469 unless the Code
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Page 3
Enforcement Officer certified that the Respondent had timety brought the property into
, compliance.
4. Case Number: 2017-00076
Donna and Michael McCarthy
16 Yacht Club Place
Tequesta, FL 33469
PGN : 60-42-40-26-02000-fi040
Lega1 Description: TEQUESTA REPL QF PT LT 604
Chapter 78 Article XI Section 78-747; Ftags and Flagpoles
Ghapter 14 Article VI Section 14152; Building Rermits
This case was withdrawn.
5. Case Number: 2017-00077
Donna and Michael McCarthy
16 Yacht Club Place
Tequesta, FL 33469
PCN : 60-42-40-26-02000-6040
Legai Description: TEQUESTA REPL OF PT LT fiO4
Chapter 30 Articie X Section 30-361; Prohibited noise generally
This case was withdrawn.
6. Case Numfxr 2017-00050
RJC Capital LLC
466 Tequesta Drive
Tequesta, Florida 33469
Legal Description. JUPITER IN THE PINES SEC B LT 5 BLK 15
PCN: fi0-42-40-25-06-015-0050
Vioiatian of Chapter 14, Article VI, Section 14-152 Qf the Code of
Ordinan�s of the VNage of Tequesta.
Findings of Fact were that the Respondent was the owner of the above-described
property. The Respondent was not present at the hearing; however, there was a finding
of proper notice.
The Special (ulagistrate ordered the Respondent to comply with Section 14-152 of the
Code of Ordinances of the �llage of Tequesta on or be#ore August 11, 2017. 4. Based
upon the evidence, pictures and testimony presented at the hearing on August 17,
2017, the Special Magistrate found that the property remained in violation of Section 14-
152.
Minutes—Speciai Magistrate�}8t1�/2017
Page 4
Conclusic�ns o# L�w were that the ab4ve-stated facts cons�l`uted a cc�ntinuing vialation
of Section 14-152 of the Code af Ordinances of the Village of Tequesta.
The Special Mag�strate ordered a fne of One Nundred Fifty Dallars ($150.Oa) #o be
assessed, at T�n+enty-Five Dollars {$2�.tltl} per day, for the violatbns, which had existed
on �he praperty beginning firQm August '�2, 20'17 through Augc�st 47, 2017, a pe�od �fi
s+x {+5} days; anc! the fine amount shatt c�r�tinu+� to accrue at Tweniy-Fi�re Dollars
{$25.{�0) per day until complia�ce has been ac�ieved.
The Respond�n# was assessed $181.48 for administrative costs incurred by the Village
for ttte August 17, 2a17 hear�ng. Administrative cvsts in the amount c�F$192.96 #or the
June 3�, �Q17 hearing were also reaffitmed.
A certified copy o#this t'�rrier may be recarded in the Public Recards of Palm Beach
Count�r, Florida, and, once recarded, shall c�ns#itu#� a lien agains# the praperty uport
which the violatic►n existed and upon any o#her real or personal property owned by the
Res�aandent, pursuant to Ghapter 162, Flarida Statutes.
7. Case Number Ztf17-00023
Garey Rolland
37{l Cedar Rvenue
Tequesta, Fiorida 334fi9
Legaf Descripfiion: JUPITER tN THE PtNES SEC B LT 1 BLK 27
PGN. fiU-42��25-Of3-(�27-0t�10
Violation of Chapter 4f, Article tll, Section 4�-'T3 0#the Code af
C�rdinance�of t�e Village Qf Tequest�
Findings of Fa�ct were that tF�e Respandent was the awner of the above-descr�bed
prop�erty. The Respondent was nat present at the hearing; however, there was a finding
af proper noti�:e. Basecf upon the evidence, pictures and testimany presented at the
�earing on Actgust 17, 2017, the �p�cial Mag�str�te faund that the property remained �n
vioia#ion of Secfiion 4�-?3,
Conclusions of Law were that ih{e above stated far,ts cc�r�stituted a cantinuing violation crf
Section�6-73 of the Code of C�rdinances of the Village vf Tequ�sta.
The Special Magistrate ordered the matter to be reset.
T�e Res�nden# was given natic:e to �ppear at the StatusJFine Assessment Nearing,
whict� was #o be held c�n t�e 2"I�t day of 5eptemb�r 2Ci17 at 1{}:OU a.m. at Vi[lage Na�l
Caunci! �hambe�, 345 Tequ�sta Drive, Tequesta, Flarida 3346� unless tfie C�e
Enforcement �cer certified that t�� Respandent had time#y brc�ugh# the property into
camp�tance.
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Page 5
VIOLATION HEARINGS
8. Case Number: 2077-00197
Leaf Lammens and Mefiissa Misak
396 Tequesta Drive
Tequesta, Fforida 33469
Legai Description. JUPITER IN THE PINES SEC 6 LT 16 BLK 22
PCN: 60�2-40-25-�-022-01 fi0
�olation of Chapter 46, Article H1, Se�tion 46-73 of the Code of
Ordinances of the Vifiage of Tequesta.
Findings of Fact were that the Respondents were not present at the hearing; however,
there was a finding of proper notice. Code Enforcement Officer Joe Petrick provided
tes#imony and evidence of the violation, as contained in the Village's evidentiary case
file, which was accepted into evidence. As of the hearing on August 17, 2017 and
based on testimony presented by code enforcement offrcers, the property was not in
compliance w�th Section 46-73.
Conc{usions of Law were that the above stated facts constituted a violation of Section
49-6-73 of the Code of Ordinances of the Vllage of Tequesta.
The Respondents were ordered to comply with Section 46-73 of the Code of
Ordinances of the Vitlage of Tequesta within seven (7) days of the date of this hearing.
If the Respondents faited to aehieve comptiance within seven (7) days of the date of this
hearing, a daily fine of Twenty-Five Qollars ($25.00) per day may be imposed for each
day the violation continued to exist.
The Respondents were assessed $194.46 for administrative costs incurred by the
Village for the August 17, 2017 hearing.
The Special Magistrate ordered the Respondents to appear at the Fine Assessment
Hearing, which was to be held on the 21st day of September 2017 at 10:00 a.m. at
Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless
the Code Enforcement Officer eertified that the Respondent had timely brought the
property into complianee.
Shouki the Respondent violate the same Se�tion of the Code agair�, they cou{d be
subject to a fine of up to five hundred doflars ($500.00) per day for such repeat violation.
Additionally, the Code Inspector was not required to give a reasonable time to correct
the repeat violation and the case could be presented to the Special Magistrate even if
the repeat violation had been c:orrected prior to the Special Magistrate hearing.
Mirtutes—Speeial Magistrate Q8/17/2017
Page 6
9. Case Number: 2017-00194
Joseph and Lori Cannon
7 Chapei Circle
Tequesta, Florida 33469
Legal Description: CHAPEL COURT SEC 2 AS LN PB47P196 LT 27
PCN: 60-42-40-25-32-000-0270
Violation of Chapter 46, Article III, Section 46-73 of the Code of
Ordinances of the Viilage of Tequesta.
Findings of Fact were fhat the Respondents were represented at the hearing by Joseph
Cannon; there was also a finding of proper notice. Cc�de Enforcement Officer Joe
Petrick provided testimony and evidence of the violation, as contained in the �tiage's
evidentiary case file, which was accepted into evidence. As of the hearing on August
17, 2017, based on testimony presen#ed by code enforcement officers, the property was
not in compliance writh Section 46-73.
The Special Magistrate ordered The Respondents to compfy with Section 46-73 of the
Code of Ordinances of the Village of Tequesta within seven (7) days of the date of this
hearing. !f the Respondents failed to achieve compliance within seven (7) days of the
date of this hearing, a daily fine of Twenty-Five Dollars ($25.00} per day may be
imposed #or each day the violatian continued to exist.
Respondents were assessed $193.46 for administrative costs incurred by the Village
for the August 17, 2017 hearing.
The Respondents were ordered to appear at the Fine Assessment Hearing, which was
to be held an the 21st day ofi September, 2017 at 10:00 a.m. at Village Hatt, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement afficer certifies the Respondents had timely brought the property into
complianc:e.
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.�0) per day for such repeat violation.
Additionally, the Code Inspector was not required to give a reasonable time to correct
the repeat violation and the case could be presented to the Special Magistrate even if
the repeat viotation had been corrected prior to the Special Magistrate hearing.
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Page 7
10. Case Number: 201?-000127
�eslie and Thamas Dasher
244 Fairway East
Teques#a, FL 33469
PCN : CO-42-4Q-2fi-t}1-OOQ 2190
Legal Description: TEQUESTA�T 219
Chapter 46 Articie 111 Section 46-74 Commercial Vehic{es
This case was withdrawn.
'11. Case Number 201?-00'I60
Blair House Condominium Inc.
91 WiBow Road #103
Tequesta, FL 33469
�egal Description: BLAIR HDUSE CONDO UN{T 2(J5
PCN: 60-43-40-3�-17-000-2050
Violation of Chapter 14,Articte Vl, Section 15-152 and Ghapter 78,
Article IX, 8-284 of the Code o#Ordinan�of the Village of Tequesta
Findings of Fact were that the Responderrt was represented at the hearing by Linda
Jahnson, President; there was also a frnding of proper notice. Gode Enforcement
Oi�icer Joe P�trick provided testimany and evidence af the violation, as cantained in the
Village's evidentiary case file, which was acxepted in#o euidence, As of the hearing on
August 17, 2(}17, and l�ased upon testimony presented by c�de enforc�me�t flfficers,
the prc�erty was not in compliance with Sections '14-152 and 78-284.
Conclusions of Law were that the above-stated facts constituted a vialation of Sections
14-152 and 78-284 of the Code of Glydinance.s of the Viilage of Tequesta.
The Special Magistrate Qrdered the Respondent to comply with Sections 14-152 and
78-284 c�f the Cade of Ordinances of the Vi�lage af Teques�a c�n or before September
2t�, 2017. If the Res�ndent faileci to a�hieve cornpliance on or before September 20
2017, a daily fine of Twenty- Five Dol{ars ($25.00} per day coutd be imposed far each
day the viofation continued to exist.
The Respondent must appear at the Fine Assessment Hearing, which was to be held on
the 29st day Qf September 2417 at 1Q;UQ a.m. at Village Hall, Gouncil Chambers, 345
Tequesta Qrive, Tequesta, Florida 334f9, unless the Code Enforcement Qffic�er cert�ed
that the Respartdent had timety brought the�raperEy into cc�mp[iance.
Shouid the Respandent viotate the same Section of the Code again, they may be
subject to a fine of up to fNe hundrec! dollars ($500.4t1) per day for such r�epeat violation.
Additionaliy, the Code Inspec�or was not required to give a reasonable time to correct
Minutes—S�ciai Magistrate 08/17l2017
Page 8
the repeat violation and the case eould be presented to the Special Magistrate even if
the repeat violation had been correc#ed prior to the Special Magistrate hearing.
12. Case Number 2017-00�64
Gallery Square South LLC
198 Tequesta Drive
Tequesta, FL 334169
PCN: 60-42-40-25-�-030-0060
Legal Description: JUPiTER iN THE PINES SEC B LTS 6,15 AND
PAR C (LESS S 64 FT OF W 100 FT�
Chapter 78 Article IX Section 78-300; Location and screening of
dumpsters
This case was withdrawn.
13. Case Number 2017-00190
Robert Miller
80 Willow Road
Tequesta, Florida 33469
Legal Description: RIDGEWOOD HOMES SEC 2, LOT 76
PCN: 60-43-40-30-06-000-0760
Violation of Chapter 30, Article I{, Section 30-33 of the Code of
Ordinances of the Vil{age of Tequesta.
Findings of Fact were tha# the Respondent was no# present at the hearing; however,
there was a finding of proper notice. Code Enforcement Officer Joe Petrick provided
testimony and evidenoe of the violation, as contained in the Village's evidentiary case
file which was accepted into evidence.. As of the hearing on August 17, 2017, based on
testimony presented by code enforcement officers, the property was not in camptiance
with Se�tion 30-33.
Conclusions of Law were that the above-stated facts constituted a violation of Section
30-33 of the Code of Ordinances of the Vitlage of Tequesta.
The Special Magistrate ordered the Respondent to compfy with Section 30-33 of the
Code of Ord'mances of the Viltage of Tequesta on or before September 17, 2017. If the
Resportdent fails to achieve compliance on or before September 17, 2017, a daily fine
of Twenty-Five Dollars ($25.00) per day may be imposed for each day the violation
continues to exist.
The Respondent was ordered to appear at the Fine Assessment Hearing, which was to
be hetd on the 21 st day of September 2017 at 10:00 a.m. at Village Hatl, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Minutes—Special Magistrate 08/17/2017
Page 9
Enforcement Officer certified that the Respondend had timely brought the property into
compliance.
Shouid the Respondent violate the same Section of the Code again, they cauld be
subject to a fine of up to five hundred datlars ($500.00) per day for such repeat violation.
Add�tionally, the Code Inspector is not required to give a reasonable time to carrect the
repeat violation and the case coutd be presented to the Special Magistrate even i# the
repeat vialation had been corrected prior to the Special Magistrate hearing.
14. Case Number: 2016-00047
Rood Williams American Legion Post 271 INC.
775 N. US Highway 1
Tequesta, FL 33469
PC N: 60-43-40-30-00-003-0120
Legal Description: 30-40-43, N 200 FT OF WLY 373.13 FT OF GOV T
3 AS MEAS ALONG &AT R{GHT ANGL TO N LI & LYG OF CENT LI
US HWY NO 1 (LESS WLY 60 FT RN1�
Violation of Chapter 78, Articte X, Sections 78-693, 78-694, 78-700,
78-699, 7&701 and Chapter 78, Article IX Sections 78-299 and 78-00
of the Code of Ordinances of the Vitlage of Tequesta.
Findings of Fact were that the the Respandent was the owner of the above-described
property. The Respondent was represented at the hear�ng by John Herring, Board
Member; there was atso a find'rng of proper notice. Based upon the evidence, pictures
and testimony presented at the hearing on Augus# 17, 2017, the Special Magistrate
fiound that the property remained in violation of Sections 78-693, 78-fi94, 78-700, 7$-
699, 78-701, 78-299 and 7&300.
Conclusions of Law were that the above-stated facts constituted a vio{ation of Sections
78-693, 78-694, 78-700, 78�99, 78-701, 7&299 and 78-300 of the Code of Ordinances
of the Village of Tequesta.
The Respondent was ordered to comply with Sections 78-693, 78-694, 78-700, 78-699,
78-701, 78-299 and 7&300 of the Code of Qrdinances of the Village of Tequesta. A
Status Hearing was set for September 21, 2097 at 10:00 a.m.
It was further ordered that the administrative costs for the August 17, 2017 hearing were
hereby reserved.
Shoufd the Respondent violate the same Section o# the Code again, they could be
subject to a fine of up to $500.00 per day for such repeat violation. Additionalty, the
Code Ins�c#or was not required to give a reasonable �me to correct the repeat
viola�ion and the case could be presented to the Special Magistrate even if the repeat
violation had been c:Qrrected priQr to the Special Magistrate hearing.
Minutes—Speciai Magistrate 48117/2017
Page 10
The Respondent was ordered to appear at the Status Hearing which was to be heid on
the 21st day of September, 2017 at 10:40 a.m. at Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida 334fi9 unless the Gode Enforcement +Officer certified
that the Respondent had timely brought the property inta compliance.
Ft'�RCL4SURE AUTHORIZATIQNS
There were nor�e.
FINE REDUCTION HEARINGS
15. Case Number 2417-OOa95
Faith and Cash Nairn
228 Go�F Club Gircle
Tequesta, FL 33469
PC N: 60-42-4Q-26-01-000-1842
Chapter 14 Rrticle Vl Section 14-152; Buitding Permits
This case was withdrawn.
'{6. Gase Number: E170Q08
Tam West Realty
582 US N. Highway One
Tequesta, FL 33469
PCN: BO-43-40-30-Q00-0080
This case was withdrawn by the Special Magistrate.
17. Case Number 2012-000?0 and 2013-00086
Brian Tobin
2fifi Country Club Drive
Tequesta, FL 33469
PCN: fi0-�#2��-2fi-01-000-1fi2Q
This case was resotved with a Stipulation Agreement signed by ai! parties.
ADJOURNMENT
There being na further cases, the meeting was adjourned.
, Minutes—Special Magistrate 08/17/2017
� Page 11
Respectfully submitted,
�i �.�lec.��;�.�,,.,
Lori McWilliams, MMC
Village Clerk
ATTEST: ,_----�
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Code Enforcement Officer
APPROVED: _
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Special Ma "��trate Date Approved
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