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HomeMy WebLinkAboutMinutes_Special Master_02/28/2018 SPECIAL MAGISTRATE February 28, 2018 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 who swore in five people involved in Quasi-Judicial cases. REPEAT VIOLATION HEARINGS 1. Case Number E180027 Budd Ginette and Michelle Laursen 415 Cypress Drive #8 Tequesta, FL 33469 Chapter 10 Article 11 Section 10-34; Dogs running at large Findings of Fact were that the respondents were not present at the hearing but were represented at the hearing by current apartment tenants; there was also a finding of proper notice. Code Compliance Officer Joe Petrick provided testimony and evidence of the repeat violation, as contained in the Village's evidentiary case file, which was accepted into evidence. Additionally, neighbor Tracy O'Daniel offered testimony and video evidence concerning the specific dates of repeat violation. Based upon the evidence and testimony presented, the Special Magistrate finds that the property was in violation of Section 10-34 of the Code of Ordinances of the Village of Tequesta on February 3, 11, 18 and 24, 2018, a total of four (4) days. This was a repeat violation of the same Village Code section(s) from an "Order Finding Violation" dated October 24, 2017. Conclusions of Law were that Based on the above-stated facts, Respondents were in repeat violation of Chapter 10, Article II, Section 10-34 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that a Fine of Two Hundred Dollars ($200.00) was hereby assessed, at Fifty Dollars ($50.00) per day, for the repeat violations, which existed on the property on February 3, 11, 18 and 24, 2018, a total of four (4) days. Respondents were further assessed the Village's administrative costs in the amount of $186.98. 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 , � Minutes—Special Magistrate 02/28/2018 � Page 2 which the violation exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. FINE ASSESSMENTI STATUS HEARINGS 2. Case Number: 2017-00030 Red Fern Capital 279 US Highway 1 Tequesta, FL 33469 Chapter 14 Article VI Section 14-152; Building Permits Section 14-153; Plumbing Permits Section 14-154; Electrical Permits Chapter 70 Article II Section 70-44; Engaging in business without a receipt; renewal of receipt; penalty for failure to obtain receipt or pay tax. Findings of Fact were that on April 25, 2017, the property at 279 U.S. Highway 1 in the Village of Tequesta, Florida ("Subject Property") was found to be in violation of Chapter 14, Article VI, Sections 14152, 14-153 and 14-154 and Chapter 70, Article IT, Section 70-44 of the Code of Ordinances of the Village of Tequesta. Conclusions of Law were that the Subject Property was now in compliance with the Village's Code of Ordinances, as depicted in the Affidavit of Compliance dated February 20, 2018. This case was resolved with a Stipulation Agreement signed by all parties summarized as follows: The Village has agreed to accept, and Hog Snappers has agreed to pay, a total sum of$805.27 in administrative costs to the Village within thirty (30) days in order to resolve this matter amicably. VIOLATION HEARINGS There were none. FINE REDUCTION HEARINGS There were none. FORCLOSURE AUTHORIZATIONS There were none. ADJOURNMENT There being no further cases, the meeting was adjourned. t , Minutes—Special Magistrate 02/28/2018 � Page 3 Respectfully submitted, ��: r�l���- Lori McWilliams, MMC Village Clerk ATTEST: � Code Enforcement fficer APPROVED: � Speci�agistr -� Date Approved l��'