HomeMy WebLinkAboutMinutes_Special Master_11/16/2017 f
SPECIAL MAGISTRATE November 16, 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, Code Enforcement Officer Dennis Rick and
Village Attorney Amity Barnard.
The following cases were heard by the Special Magistrate who swore in six people
involved in Quasi-Judicial cases.
REPEAT VIOLATION HEARINGS
None
FINE ASSESSMENT/ STATUS HEARINGS
1. Case Number: 2017-00023
Garey Rolland
370 Cedar Avenue
Tequesta, FL 33469
P C N: 60-42-40-25-06-027-0010
Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 27
Chapter 46 Article III Section 46-73: Parking of certain commercial
vehicles, trucks and recreational vehicles in R-1, R-2 and R-3 districts.
Findings of Fact were that the Respondent was the owner of the above-described
property. The Respondent was present at the hearing; there was also a finding of
proper notice. Based upon the evidence, pictures and testimony presented at the
hearing on November 16, 2017, the Special Magistrate found that the property
remained in violation of Section 46-73.
Conclusions of Law were that the above-stated facts constituted a continued violation of
Section 46-73 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered that the matter be continued and the Respondent was
ordered to comply with Section 46-73 of the Code of Ordinances of the Village of
Tequesta within seven (7) days. If the Respondent failed to achieve compliance within
seven (7) days, a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each
day the violation continued to exist. Assessment of administrative costs incurred by the
Village at all prior hearings was reserved.
The Special Magistrate ordered the Respondent to appear at the Fine Assessment
Hearing, which was to be held on the 30th day of January 2018 at 10:00 a.m. at Village
� ,
Minutes—Special Magistrate 11/16/2017
Page 2
Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code
Enforcement Officer certified that the Respondent had timely brought the property into
compliance.
2. Case Number: E170033
Ginette Budd and Michelle Laursen
415 Cypress Drive#8
Tequesta, FL 33469
PC N: 60-43-40-30-19-000-0080
Legal Description: WENDIMERE VILLAS PHASE II CONDUNIT 8-E
Chapter 10 Article II Section 10-34; Dogs running at large
This case was withdrawn.
VIOLATION HEARINGS
3. Case Number: E170044
Alvin Bergerman
391 Norfolk Ave
Tequesta, FL 33469
PC N: 60-42-40-25-06-018-0070
Legal Description: JUPITER IN THE PINES SEC B LT 7 BLK 18
IPMC 302.7 Accessory Structures
Chapter 30 Article II Section 30-33, Prohibited Conditions
Chapter 46 Article II I Section 46-73; Parking of Certain commercial
vehicles, Trucks, and recreational vehicles in R-1, R-2 and R-3 districts.
Findings of Fact were that the Respondent was present at the hearing; there was also a
finding of proper notice. Code Enforcement 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 November 16, 2017, based on testimony
presented by the code enforcement officer, the property was not in compliance with
Sections 30-33 and 46-73 of the Code of Ordinances of the Village of Tequesta and
IPMC Section 302.7.
Conclusions of Law were that the above-stated facts constituted a violation of Sections
30-33 and 46-73 of the Code of Ordinances of the Village of Tequesta and IPMC
Section 302.7.
The Respondent was ordered to comply with Section 30-33 and 46-73 of the Code of
Ordinances of the Village of Tequesta and IPMC Section 302.7 on or before January
16, 2018. If the Respondent failed to achieve compliance on or before January 16,
2018, a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day the
violations continued to exist. Assessment of administrative costs incurred by the Village
for the November 16, 2017 hearing was reserved.
_ �
Mir��t�s—Specia! Mac�istr��� ��/16/2017
Pa�e 3
The respond�nt was ordered tca appear at the �in� Assessment H��ring held on the
30th day of J�nuary 2018 at 1q:p0 a.m. at Vill��� Hall, Council �hambers, 345
Tequesta Driv�:, Tequesta, Florida �3469, unless th� Gade Enforcem�nt f�fficer certified
that t�e Respandent had timely brc�ught the prc�perty intn compliance. �hould the same
Seeti�� of��e Cad� �e�i€��ated again, Res�c�ndent may be su��ect to a �ne of u� tc�five
hunc�reci dc�llars �$50�1.{l(�} �er day for s�►�� re�eat violation. A�c�itionally, �he �c�c1e
Inspector was rtat req�ired to giv� a reasona�le time to carrect t�e repeat violatic�n and
the case may be presented ta #h� Special Magistr�te even if the rep�at violation has
been correct�d prior to the Speci�M Magistrate hearin�.
4. Case Number E170039
Thc�mas �tl�nn and Heat�er F��ac�hes
470 L�ove� ��ad
Teques#a, FL 33489
F'C N: 60-42-40-25-06-p 15-0130
L�ec�al Description; JUPITER IN THE PIN�S SEC B LT 13 BL.K 15
�hapter 14 Article VI �ection 14-152; �uilding Permits
Tl�is case was withdrav�r�,
�, �ase Number: E17t}€�53
Kenneth Shaw
1 C��rden Street#20��.
T�c�uesta, FL 3346�
PC N: 60-42-40-25-�1-Q 12-2080
Legal Qescri�tion: TFC�UESTA GARDFN C4ND NO 5 UNiT 208 BLD L
Ghapter �4�rt�c�e Vi Section 1�-152; �uilding �'er���s
This case was withdrawn.
FORCLOSUF�� AUTHORIZATICIN�
There were nan�,
FINE Ft��llCTtt�N HEAR��IGS
6. Gase Numt�er: 2t}17-00197
Le�f Lammens & Melissa Misak
3�►� Tequesta Driv�;
T�;questa, FL 3346�
P C N: 60-42-40-2 5-p6-022-0160
Legal Descri�ti�n; JUPITER ��[ TF�E PINES SE� B LT 1� BLK 22
Ghapter 4�Ar����e 111 Sectic�n ��-73: Parkin� c�f���tain commercia�
vehicies, truci�s anc� recreatic�na� vehicles in R-1, R-2 and R-3 distric#s.
Findings of F�ct were that based upan the October �4, 2p17 "Order As���sing Fine" for
above-referen��d case number, tt�� Special Magistr�t� assessed a �'in� in the amount
r
Minutes— Special Magistrate 11/16/2017
Page 4
of Five Hundred Dollars ($500.00). The Respondents requested a hearing seeking
reduction of the lien amount assessed. The property was no longer in violation of
Section 46-73 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered that the fine amount previously imposed be reduced
from $500.00 to $250.00. The Respondents were ordered to pay this mitigated fine
amount within forty-five (45) days or the original penalty amount of $500.00 would
automatically be reinstated as a penalty.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
Respectfully submitted,
,
�L � l�.�it�u?l.!-�1.�-..
Lori McWilliams, MMC
Village Clerk
ATTEST:
1 �
' �--=`�
.���f�,e�r.- _..
i" : �,I ....._...-_-
Code Enforcement.Officer
7
APPROYE : J-� i� /-
�,. -.
� �� / ;'' � 3�1 � �
Sper,,ja[.Magistr Date Approved
� (
`,,
I
�