HomeMy WebLinkAboutMinutes_Special Master_04/24/2018 SPECIAL MAGISTRATE April 24, 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, Code Enforcement Officer Dennis Rick and
Village Attorney Amity Barnard.
The following cases were heard by the Special Magistrate who swore in approximately
six 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 II Section 10-34; Dogs running at large
Findings of Fact were that the Respondents were not present at the hearing; however,
there was 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 complainant Tracy
O'Daniel offered testimony concerning the specific dates of repeat violation. Based
upon the evidence and testimony presented, the Special Magistrate found that the
property was in violation of Section 10-34 of the Code of Ordinances of the Village of
Tequesta on March 3 and 5, 2018, a total of two (2) 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) is hereby
assessed, at One Hundred Dollars ($100.00) per day, for the repeat violations which
existed on the property on March 3 and 5, 2018, a total of two (2) days.
Respondents were further assessed the Village's administrative costs in the amount of
$187.96.
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Minutes— Special Magistrate 02/28/2018
Page 2
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 exits and upon any other real or personal property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
2. Case Number: E180057
Clifford and Dana Gilbert
109 Beechwood Trail
Tequesta, FL 33469
Chapter 30 Article II Section 30-33; Prohibited Conditions
PC N: 60-42-40-25-25-000-1340
Findings of Fact were that the Respondents were represented at the hearing by Clifford
Gilbert; 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. Based upon the evidence and
testimony presented, the Special Magistrate found that the property was in violation of
Section 30-33 of the Code of Ordinances of the Village of Tequesta. This was a repeat
violation of the same Village Code section(s) from an "Order Finding Repeat Violation
and Assessing Fine" dated October 2, 2014.
Conclusions of Law were that based on the above-stated facts, Respondents were in
repeat violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the
Village of Tequesta.
The Special Magistrate ordered that a Fine of Seven Thousand Dollars ($7,000.00) was
hereby assessed, at Two Hundred Fifty Dollars ($250.00) per day, for the repeat
violations which existed on the property beginning from March 28, 2018 through April
24, 2018, a total of twenty-eight (28) days; and the fine amount shall continue to accrue
at Two Hundred Fifty Dollars ($250.00) per day until compliance was achieved.
Respondents were further assessed the Village's administrative costs in the amount of
$187.93.
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 exits and upon any other real or personal property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
3. Case Number: E180047
Donna and Michael McCarthy
16 Yacht Club Place
Tequesta, FL 33469
Minutes— Special Magistrate 02/28/2018
Page 3
Chapter 78 Article XI Section 78-747; Flags and Flagpoles
PCN: 60-42-40-26-02-000-6040
Legal Description: TEQUESTA REPL OF PT LT 604
Findings of Fact were that Respondents were represented at the hearing by Michael
McCarthy; 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. Based upon the
evidence and testimony presented, the Special Magistrate found that the property was
in violation of Section 78-747 of the Code of Ordinances of the Village of Tequesta.
This was a repeat violation of the same Village Code section(s) from an "Order Finding
Violation" dated June 21, 2017.
Conclusions of Law were that Based on the above-stated facts, Respondents were in
repeat violation of Chapter 78, Article XI, Section 78-747 of the Code of Ordinances of
the Village of Tequesta.
The Special Magistrate ordered that a Fine of Three Hundred Fifty Dollars ($350.00)
was hereby assessed, at Fifty Dollars ($50.00) per day, for the repeat violations, which
existed on the property beginning from March 22, 2018 through March 28, 2018, a total
of seven (7) days.
Respondents were further assessed the Village's administrative costs in the amount of
$183.48.
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 exits and upon any other real or personal property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
FINE ASSESSMENT/STATUS HEARINGS
There were none.
VIOLATION HEARINGS
4. Case Number: E180044
Randall Keller & Jacqueline Rohatensky
204 Fairway East
Tequesta, FL 33469
Chapter 46 Article III Section 46-74; Parking of Certain commercial
vehicles and recreational vehicles in the R1-A district
PCN: 60-42-40-26-01-000-2290
Legal Description: TEQUESTA IN PB 25 PGS 7 TO 15 INC
Minutes— Special Magistrate 02/28/2018
Page 4
Findings of Fact were that The Respondents were the owners of the above-described
properry. The Respondents were not present at the hearing; however, there was a
finding of proper notice. The Respondents requested in writing that this matter be
continued. As such, the parties have agreed to reset this matter to the May 22, 2018
agenda.
The Special Magistrate ordered that this matter be reset.
FINE REDUCTION HEARINGS
There were none.
FORCLOSURE AUTHORIZATIONS
There were none.
ADJOURNMENT
There being no further cases, the meeting was adjourned.
Respectfully submitted,
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Lori McWilliams, MMC
Village Clerk
ATTEST:
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Code Enforcement Officer
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