HomeMy WebLinkAboutMinutes_Special Master_10/18/2017 SPECIAL MAGISTRATE , October 18, 2017
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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.
REPEAT VIOLATION HEARINGS
None
FINE ASSESSMENT/ STATUS HEARINGS
1. Case Number: 2017-00051
Anthony Thomas
582 N. Dover Road
Tequesta, Florida 33469
PCN: 60-42-40-25-06-016-0281
Legal Description: JUPITER IN THE PINES SEC B LOT 28 /LESS W 3.89
FT/ & W1/20FLOT29BLK16
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
of proper notice. By the "Order Granting Continuance Fine Assessment Hearing" dated
August 21, 2017, the Special Magistrate ordered the Respondent to comply with
Sections 30-33, 78-306, 78-398, and 78-693 of the Code of Ordinances of the Village of
Tequesta and IPMC 303.6 on or before September 17, 2017. Based upon the
evidence, pictures and testimony presented at the hearing on October 18, 2017, the
Special Magistrate found that the property had come into compliance with Sections 30-
33, 78-306, 78-398, and 78-693 of the Code of Ordinances of the Village of Tequesta
and IPMC 303.6, but not by the time specified in the previous order.
Conclusions of Law were that the above-stated facts constituted a continuing violation
of Sections 30-33, 78-306, 78-398, and 78-693 of the Code of Ordinances of the Village
of Tequesta and IPMC 303.6. The Special Magistrate ordered that a Fine of One
Hundred Twenty-Five Dollars ($125.00) was hereby assessed, at Twenty-Five Dollars
($25.00) per day, for the vioiations which had existed on the property beginning from
Minutes—��recial Ma�istrate 10/18/2017
P��e 2
September 17, 2017 through September 21, 2Q17, a periad of five (5} days. The
R�spondent also wa� assess�d $186.9�3 for administrativ� costs in�urred by the Villa��
for the Octaber 18, 2017 �earing. A ce�Cified copy of this C�rder may be recorded ir� the
Pub��e Recarcls c�f Pa1rn �each C�unty, F��ric�a, anc�, �nce r�ec�cded, s3�all cor�st��ute a
li�n against the pra�erty upcan which the violatic�n exists and upon any ather real �ar
p�rsonal pr�perty awned by th� Respandent, pur�uant ta �hapter 1�2, Florid� Statutes.
2. Case Number 2fl17-t3€�t�3�
RCMFt JV LLC
Tequesta lnvestars, LLP
27� U.S. ��c�hway '1
Tequesta, Fiorida 33469
P C N: 6C1-43-40-30-05-Op Q-0901
Lec�al Descrip#ic�n; W�TERW,4Y Vi�.LAGE LQT A
V���atian c�f Chapter �4, Article VI, Sectic�ns 14-152, 14-153, anc! 14-154
and Ch�pter 70, Artide II, �ection 7q-44 of the Code caf Ordinarrces of th�
Village �f Teque�ta
Findings of Fact were that the Resperndent was the c+wner of #he above-described
pr�perty. The Res�ondent was repr�sented at the he�ring by Jc�hn Ryan, Intere�t
Holder in RCMR JV LLC; L.arry Smith, Counsel for �enant (Hogsnappers) �nd Mark
Gam�t�e11, Tenar�t (Noc�s�appers}; there w�s also a �indinc� �f proper nc�tice. �3ased
upan the evidence, pictures and testimony pr�sented �t the hearing on Qctober 18,
2017, the �pecial M�gistrate �'ound that the property rem�ined in violation af Sectian�
14-1�2, 14-1�3, 14-1�4 a�c� 70-44.
G�nclusions af Law were that the abou�-stated f�cts constituted a ��ntinued violation af
S�ctions 14-152, 14-153, 14-1�4 and 70-�44 of the Code of Ordinan�es of the Village af
Tec�u���a.
The Specia�l Magistr�te order�d that this matt�r be continued. Th�e Respar�dent was
ordered to com�ly with Secti�ns 14-15�, 14-'#53, 14-�54 and 7�-44 c�f the Code af
Qrdina�ces of t�e Villac�e c�f Teguesta withi� sixty (�(�) days. tf��e Res���dent fa��ed to
achieve campliance within sixty (60) days, a d�ily Fine of up to Two Hundred Fifty
Dallars ($250.00) per day may be impo�ed for each day #h� violatian continu�ed to exist.
Th� assessme�t c�f admi��strative cc�sts incurred by t1�e Vili�g� at a11 pric�� hearin�s vvas
fGSL'N�CI.
Respondent was given notice to appear at the Fine Ass�ssment Hearing nn the 18fih
day �f January, 2t�18 at '1�:00 a.rr�. at Vi����e N�I� �c�uncii ��ambers, 345 T�c��esta
Drive, Tequesta, Flcarida 33469 uniess the Code Enforcement Offic�r certified that fihe
pr�perty wa� timely brought into compli�r�ce.
Minutes—Special Magistrate 10/18/2017
Page 3
3. Case Number: 2017-00160
Blair House Condominium Inc.
91 Willow Road #103
Tequesta, FL 33469
P C N: 60-43-40-30-17-000-2050
Legal Description: BLAIR HOUSE CONDO UNIT 205
Chapter 14 Article VI Section 14-152; Building Permits
Chapter 78 Article IX Section 78-284; Walls and Fences
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. By the "Order Finding Violation" dated August 21, 2017, the Special
Magistrate ordered the Respondent to comply with Sections 14-152 and 78-284 of the
Code of Ordinances of the Village of Tequesta on or before September 20, 2017.
Based upon the evidence, pictures and testimony presented at the hearing on October
18, 2017, the Special Magistrate found that the property remained in violation of
Sections 14-152 and 78-284 of the Code of Ordinances of the Village of Tequesta.
Conclusions of Law were that the above-stated facts constituted a continued violation of
Sections 14-152 and 78-284 of the Code of Ordinances of the Village of Tequesta.
The Special Magistrate ordered that a Fine of Twenty-Five Dollars ($25.00) per day was
hereby assessed for the violations which existed on the property beginning October 19,
2017 and continued to accrue at Twenty-Five Dollars ($25.00) per day until compliance
was achieved. The Respondent was also assessed $194.96 for administrative costs
incurred by the ViNage for the August 17, 2017 hearing. A certified copy of this Order
may be recorded in the Public Records of Palm Beach County, Florida, and, once
recorded, shall constitute a lien against the property upon which the violation existed
and upon any other real or personal property owned by the Respondent, pursuant to
Chapter 162, Florida Statutes.
4. Case Number: 2016-00047
Rood Williams American Legion Post 271 INC.
775 N. US Highway 1
Tequesta, FL 33469
P C N: 60-43-40-30-00-003-0120
Legal Description: 30-40-43, N 200 FT OF WLY 373.13 FT OF GOV LT 3
AS MEAS ALONG &AT RIGHT ANGL TO N LI & LYG E OF CENT LI US
HWY NO 1 Chapter 78 Article X Section 78-693; Paving of parking spaces;
obstructions in Parking areas. Chapter 78 Article X Section 78-694;
Parking spaces for the handicapped. Chapter 78 Article X Section 78-700;
Drainage and maintenance of off street parking Areas. Chapter 78 Article
X Section 78-699; Screening and landscaping of off street parking Areas
Chapter 78 Article X Section 78-701; Marking and lighting of parking areas
Chapter 78 Article IX Section 78-299; Location and screening of generators
Minutes—�pecial Magistrate 1(}/18J2017
Page 4
Air canditioners pooi equipment and similar mechanical equipment
Chapter 78 Article IX Sectian 78-300; Locati�n and screening af dumpsters
Findir�gs of Fact were that the Respand�n# was the awr�er of the above-des�ribed
property. The Respondent was represented at the hearing by John Nerrinc� and David
Pietrafese; there was also a finding of praper natice. Based upon #he evidence, pictures
and testimony presented at the hearing on October 18, 2017, the Special Magistrate
found that the property remained in violation af Sections 78-693, 78-694, 78-700, T8-
699, 78-701, 78-299 and 7&3Q0.
Co��lusians of�aw were that the a�ove-stated facts constituted a continu�d violation of
Sectians 78-693, 78-694, 78-700, 78-689, 78-704, 78-299 and 78-300 of the Code of
C}rdinances af the Village of Tequesta.
It was the C}rd�r af the Special Magis#rate tha# this matter be continued. The
Respondent was ardered to comply with Sectians 78-693, 78-694, 78-7Qp, 78-699, 78-
701, 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta within
si�cty {60} days. If the Respandent#ailed ta acl�ieve compliance within sixty (6Q} days, a
daily Fine af up to Two Hundred Fifiy Dallars ($250.00} per day may be imposed for
each day the violation continu�d to exist. Assessment of administrative costs incurred
by the Village at all priar hearings was reserved.
Respondent was given notice to appear at the Fine Assessment Hearing on the 18th
day of January, 2p18 at 10;00 a.m. at Village Hall Council Chambers, 345 Tequesta
Drive, Tequesta, F{orida 33469 unless the Code Er�forcement Officer certified that the
property has been timely iarought into campliance.
5. Gase Nurnber 2011-OQ023
Garey Rolland
370 Cedar Avenue
Tequesta, Florida 33469
PCN: 60-42-40-25-Q6-027-OQ1 Q
Legal Description: Jt�PITER IN TNE PINES SEG B �T 1 B�K 27
Vialation of Chapter 46, Article �11, �ectiort 46-73 af th� Gode af
4rdinances of the Village of Tequesta
Findings of Fact were that the Respondent was �he flwner of the above-described
property. The Respandent was nat pr�sent at the hearing; however, there was a finding
af proper natice. Based upon the evidence, pictures and testimany presented at the
hearing on Octob�r 18, 2�17, the Special Magistrate found that the property remained
in vialation af�ection 46-73.
Conclusions of �aw were that the above-stated facts constitute� a continued violatian of
Sectian 46-73 of the Cade af Ordinances af the Villag� of Tequesta.
Minutes—Special Magistrate 14I1812017
Page 5
The Special Magistrate ordered this matter continued. The Respondent was ordered to
comply with Sectian 46-73 of the Cade of Ordinances of the Village af Tequesta within
seven (7) days. If the Respondent failed to achieve compliance within seven (7) days, a
daily Fine of Fifty Doliars ($54.00) per day may be impased far each day the vialation
continued to exist. Assessment of administrative costs in the amount of $18$.96
incurred by the Village far the June 21, 2017 hearing was reaffirmed.
Respondent was given notice to appear at the Fine Assessment Hearing on the 16th day
af November, 2017 at 10:00 a.m. at Village Hall Council Chambers, 345 Tequesta
Drive, Tequest�, Florida 33469 unless the Code Enforcement Officer certified that you
had timely braught your property into compliance.
6. Case Number: 2017-Q019?
Leaf Lammens and Mellissa Misak
396 Tequesta Drive
Tequesta, Florida 33469
P G N: 60-42-40-25-06-Q22-0160
�egal Descciptian: JUPITER IN THE PINES SEC B LT 16 B�K 22
Violation of Chapter 46, Article 111, Section 46-73 of the Code of
Qrdinances of the Village af Tequesta.
Findings of Fact were that the Respondents are the owner of the abave-described
property. The Respondents were nat present at the hearing; however, there was a
finding of proper natice. By the "Order Finding Vial�tian" dated August 21, 2017, the
Special Magistrate ordered the Respondents to comply with Section 46-73 of the Cods
af Qrdinances of the Village of Tequesta on or befare August 28, 2Q17. Based upon the
evidence, pictures and testimony presen#ed at the hearing on October 18, 2017, #he
Special Magistrate found that the property had come inta compliance with Section 46-73
af the Code of Ordinances of the Village of Tequesta, but not by the time specific in the
previous order.
Ganclusians af Gaw were that the above-stated facts constituted a continuing violation
of Section 46-73 of the Code af Ordinances of the Village of Tequesta.
It was the Order of the Special Magistrate that a Fine of Five Hundred Dallars ($500.00)
was assessed, at Twenty-Five Dallars ($25.00) per day, for the violations which have
existed on the property beginning fram August 29, 2Q17 through September 17, 2017, a
period of twenfiy (20) days. The Respondents were also assessed $194.46 for
administrative costs incu�red by the Village for the August 17, 2017 hearing. A certified
copy af this Order may be recorded in the Public Records of Palm Beach Coun#y,
Florida, and, ance recorded, shall consti#ute a lien against the property upon which the
viaiatian existed and upan any ather real or persona( property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
Minutes—Special Magistrate 10i18/2017
Page 6
7. Case Number: 2017-00194
Joseph and Lori Cannon
7 Chapel Circle
Tequesta, Florida 33469
P C N: 60-42-40-25-32-000-0270
Legal Description: CHAPEL COURT SEC 2 AS IN PB47P196 LT 27
Violation of Chapter 46, Article III, Section 46-73 of the Code of
Ordinances of the Viflage of Tequesta.
This case was withdrawn.
VIOLATION HEARINGS
8. Case Number: E170022
Tamwest Realty Inc.
564 US HWY 1
Tequesta, FL 33469
PCN: 60-43-40-30-00-001-0080
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
Chapter 30 Article II Section 30-33; Prohibited Conditions
Chapter 78 Article IX Section 78-300; Location and screening of
dumpsters
Findings of Fact were that the Respondent was represented at the hearing by Lupe
Bererra of Jupiter Tequesta Air Conditioning; 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 October 18, 2017, based on testimony presented by code
enforcement officers, the property was not in compliance with Sections 30-33 and 78-
300.
Conclusions of Law were that the above-stated facts constituted a violation of Sections
30-33 and 78-300 of the Code of Ordinances of the Village of Tequesta.
The Respondent was ordered to comply with Section 30-33 of the Code of Ordinances
of the Village of Tequesta (prohibited conditions — overflowing garbage) within fifteen
(15) days. If the Respondent failed to achieve compliance within fifteen (15) days, a
daily fine of up to Two Hundred Fifty Dotlars ($250.00) per day may be imposed for
each day the violation continued to exist. The Respondent was ordered to comply with
Section 78-300 of the Code of Ordinances of the Village of Tequesta (location and
screening of dumpsters) within sixty (60) days. If the Respondent failed to achieve
compliance within sixty (60) days, a daily Fine of up to Two Hundred Fifty Dollars
($250.00) per day may be imposed for each day the violation continued to exist.
Minutes—Special Magistrate 10/18/2017
Page 7
Assessment of administrative costs incurred by the Village at all prior hearings was
reserved.
The respondent was ordered to appear at the Fine Assessment Hearing held on the
18th day of January, 2018 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified
that respondent had timely brought the property into compliance. Should you violate the
same Section of the Code again, respondent may be subject to a fine of up to five
hundred dollars ($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 may be presented to the Special Magistrate even if the repeat violation has
been corrected prior to the Special Magistrate hearing.
9. Case Number 2017-00159
Richard Kuntz
91 River Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-0270
Legal Description: TEQUESTA LT 27
Chapter 14 Article VI Section 14-152; Building Permits
Findings of Fact were that the respondent was the owner of the above-described
property. The respondent was present at the hearing and there was 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 October 18, 2017, based on testimony presented by
Code Enforcement Officer Joe Petrick, the property complied with Section 14-152, but
had not achieved compliance within the time specified in the Notice of Violation.
Conclusions of Law was that the above-stated facts constituted a violation of Section
14-152 of the Code of Ordinances of the Village of Tequesta.
The respondent was ordered to continue to comply with Section 14-152 of the Code of
Ordinances of the Village of Tequesta and should the same Section of the Code again
be violated, respondent may be subject to a fine of up to Five Hundred Dollars
($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 may be
presented to the Special Magistrate even if the repeat violation has been corrected prior
to the Special Magistrate hearing.
Minutes—�pecial Magistrate 1 0/1 81201 7
Page 8
10. �ase Number: E170Q34
Ginette Budd and Michelle Laursen
415 Gypress Drive#8
Tequesta, FL 33469
P C N: 60-43-40-30-19-00{}-0080
�egal Descriptian: WENDIMERE VI��AS PHASE 11 CC}NDUNIT &E
IPMC 3Q3.13 Windaw, skylight, and daarframes
This case was withdrawn.
11. Case Number: E17{}0�3
Ginette Budd and Michelle Laursen
415 Cypress Drive#8
Teques#a, FL 33469
PC N: 60-43-�C}-30-19-OQO-OQ8t}
Legal Description: WENDIMERE VILLAS PHASE II GONDUNIT 8-E
Chapter 10 Article II Section 10-34; Dogs running at large
Findings of Fact were that Respandents were represenfed at the hearing by the current
apartmenfi t�nants; there was alsa a �nding of prcrper notice. Cod� Compliance OfFicer
Joe P�trick provided testimany and evidence of the violatian, as contained in th�
Village's evidentiary case file, which was accepted irtta evidence. Additionally, neighbor
Tracy O'Daniel affered testimany concerning the vialatian. As of the hearing an October
18, 2017, based an testimony presented by the Village Gode Compliance Qfficer and
neighbor, th� prope�t}r did not comply with Section 10-34 of the Code of C}rdinances af
the Village of Tequesta by the date required in the Not�ce of Violation.
Cc►nclusion +�f �aw was that the above-stated facts canstifuted a violation af Section �Q-
34 of the Code af C�rdinances of the Village of Tequesta.
It was ordered by the Special Magistrate that Respondents immediately cease and
desist from all further violations of Section 1 Q-34 of the Code of 4rdinances of the
Village of Tequesta. If Respondents further violated Section 10-34 of the Gode af
Ordinances of the Village of Tequesta, Respond�nts shall be assessed a Fine of One
Hur�dred Dollars {$10t}.00) for each additional violatian observed on the property. The
Responde�t was given not�ce to appear at the Fine Assessment Hearing on the 16th
day of November, 2017 at 1Q:pp a.m. at Village Hall, Counci! Chambers, 345 Tequesta
Drive, Tequesta, Flarida 33469, unless the Code Enforcement Officer certified that your
property was na longer in violation.
Minutes—Special Magistrate 1011812Q17
Page 9
12. Case Number: E170035
Wendimere Villas Phase II Condominium Apartments Assaciation Inc.
413,415,417,419 N. Cypress Drive
PCN: Multiple
�egal Description: WENDIMERE VILLAS PHASE II COND
Tequesta, FL 33469
Chapter 14 Rrticle VI Section 14-152; Building Permits
Findings of Fact were that the Respondent was represented at the hearing by Henry
Gassman, Property Manager and Barbara Biel, Association President; there was also a
finding of proper natice. Code Enforcement Officer Jae Petrick provided testimony and
evidence of the vialation, as cantainec! in the Village's evidentiary case file, which was
accepted into evidence. As c�f the hearing on {�ctaber 18, 2017, based on testimony
presented by cade enforcement a�cers, the praperty did not comply with Sectian 14-
152.
Conclusions of Law were that th� above-stated facts constituted a violatian of Section
14-152 of the Code of Ordinances of the Village of Tequesta.
The Respondent was ordered to comply with Sec#ion 14152 of the Cade of Ordinances
of the Village af Tequesta on a� befare January 15, 2018. If the Respondent failed to
achieve compliance on or before January 15, 2018, a daily Fine of Fifty Dollars ($50.00)
per day may be impased for each day the violation cantinued to exist. The Respondent
was assessed $194.46 for administrative costs incurred by the Village for the October
18, 2017 hearing. The Respondent was given notice ta appear at the Fine Assessment
Hearing held on the 18th day of January, 2418 at 10:00 a.m. at Village Hail, Council
Chaml�ers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Cade
Enforcement Officer cer�ified that Respondent timely brought the praperty into
compliance. Should the same Sectian of the Code be violated again, Respondent may
be subject to a fine of up to five hundred dollars ($5Q0.00) per day for such repeat
violation. Additianally, the Code Inspector was not required to give a reasonable time to
correct the repeat violation and the case may be presented to the Special Magistrate
even if the repeat vialation has been correcied prior to the Specia! Magistrate hearing.
FORCLOSURE AUTHORIZATIONS
There were none.
FINE REDUCTION HEARINGS
There were none.
ADJOURNMENT
There being no furkher cases, the meeting was adjourned.
Minutes— Special Magistrate 10/18/2017
Page 10
Respectfully submitted,
�� ����
Lori McWilliams, MMC
Village Clerk
ATTEST: y
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Code Enforcement Officer
APPROVED: "
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Special M�gistrat�r Date Approved
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